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HomeMy WebLinkAbout2009-05-04city council minutesBOOK 50 REGULAR MEETING MAY 4, 2009 7:00 P.M. PAGE 52 The Mayor asked that everyone stand for the invocation given by Pastor Charles Seip of the Higher Ground Worship Center and to remain standing for the Pledge of Allegiance to the Flag. The Roll of the City Council was called with the following members present: Blacker, Oates, Hopper, Callsen, Dakan, and Sobba. SPECIAL PRESENTATIONS The Mayor acknowledged Ron Fortner of teacher at Caldwell High School. Mr. Fortner asked the students he accompanied from the U.S. Government class to stand and introduce themselves. The Mayor introduced Don Cornell, 5673 Roseburg Avenue, Boise, of the Reach the Peak Foundation. Mr. Cornell reported that their organization partners with municipalities and private property owners to establish camp areas for non - profit youth associations. He noted that the Reach the Peak Foundation is interested in partnering with the City of Caldwell to renovate and maintain Curtis Park. The Foundation would provide funding for such improvements. He reported that they have leased the Givens Hot Springs camp area and are making improvements and are also currently negotiating with Warm Lake camp area to make similar renovations. The Mayor expressed his appreciation for the presentation and stated that City Council members will consider this request and determine any possible further workshops concerning this issue. Councilman Sobba reported that, as a member of Kiwanis, he was familiar with their organization's involvement with Curtis Park over the years. He will share information about how the Reach the Peak Foundation is interested in the site with the Kiwanis members. Councilman Hopper stated his interest in the proposal and would like to further research and discuss the plan. The Mayor introduced Vinton Howell, Caldwell Parks Department Superintendent. Mr. Howell reported that he and Councilman Dakan recently attended the Arbor Day Celebration held in Boise on April 24 Governor Otter awarded the Tree City USA Awards to local cities. The City of Caldwell was recognized as a recipient of the City of Trees 30 -Year Award. He reported that Caldwell holds the number two (2) position in the State of Idaho with 30 years of involvement and the City of Boise is number one (1) with 31 years of involvement as a City of Trees. Mr. Howell outlined the criteria for being a City of Trees participant. Appreciation was expressed to Mr. Howell and the Parks Department stafffor their excellent maintenance and care of City green space and parks. ADDITIONS OR DELETIONS TO THE AGENDA None. AUDIENCE PARTICIPATION None. CONSENT CALENDAR: The Mayor presented the following items on the Consent Calendar for approval by Members of the City Council: 1. Approve acceptance of the minutes from the Special City Council (Workshop) Meeting held on April 20, 2009; the Regular City Council Meeting held on April 20, 2009; and the City of Caldwell Employee Benefit Plan Trustee Meeting held on April 27, 2009; 2. Approve Order of Decision for Case No. SUB - 155E -06 (Eagle Rock Time Extension); 3. Approve Resolution No. 69 -09 authorizing the execution of a Memorandum of Agreement with John McEvoy of J & D Enterprises for the removal of three residences at the new Airport Terminal; 4. Approve Resolution No. 70 -09 uthorizing the execution of an Equipment Exchange Interagency Agreement with Golden Gate Highway District No.3; 5. Approve No. 71 -09 Resolution accepting an Easement from New Life Celebration Church for storm drain facilities; 6. Approve Resolution No. 72 -09 ccepting the apparent low bidder, Lurre Construction, for the construction of the eastside taxiway at the Caldwell Industrial Airport for the amount of $522,169.25; 7. Approve Resolution No. 73 -09 declaring support of Advocates Against Family Violence, Inc. /Hopes Door Shelter in regards to submittal of grant funding applications; 8. Approve request for transfer of the Alcohol Beverage License for Los Arellano Restaurant at 116 South 7th Avenue to Maria Elena Flores De Arrellano; 9. Approve request for transfer of the Alcohol Beverage License for Ximenas Mexican Restaurant (DBA: Casa Maria III) at 317 Happy Day Boulevard to Maria Garcia MOVED by Oates, SECONDED by Blacker to accept the Consent Calendar as printed. BOOK 50 Those voting yes: unanimous. PAGE 53 MOTION CARRIED Councilman Oates announced that he would be leaving the meeting due to his attendance of an induction ceremony for his daughter into the National Honor Society. OLD BUSINESS: (PROTEST HEARING TO CONSIDER THE FORMATION OF LOCAL IMPROVEMENT DISTRICT NO. 09 -2 FOR THE PURPOSE OF CONSTRUCTING SANITARY SEWER IMPROVEMENTS IN A PORTION OF DEWEY LANE BETWEEN BRIAN AVENUE AND STONEGATE WAY) Tim King, 621 Cleveland Boulevard, presented the staff report and outlined the facts concerning the request. He noted that four of the six neighborhood residents have signed a petition to create the local improvement district. He noted that an error was noted in the original ordinance and a replacement was given to the City Clerk. Ron Halverson, 611 E. Dewey Lane, spoke in support of the request. He noted that the local improvement district will correct difficulties within the existing septic system since he has been without sewer facilities since the middle of March. He asked if the hook -up fee could be waived. The Mayor reported that the City Code does not allow any waivers to be granted concerning the hook -up fees. Mark Hilty, City Attorney, concurred with the Mayor's statement. MOVED by Blacker, SECONDED by Hopper to close the public hearing Those voting yes: unanimous. Those absent: Oates. MOTION CARRIED (CONSIDER BILL NO. 8 [ORDINANCE 27911 FOR LOCAL IMPROVEMENT DISTRICT 09- 2 WITH A REQUEST TO WAIVE THE RULES AND PASS ON THE FIRST READING) The Mayor read the ordinance by title only: AN ORDINANCE CREATING LOCAL IMPROVEMENT DISTRICT NO. 09 -02 OF THE CITY OF CALDWELL, IDAHO; DESCRIBING THE IMPROVEMENTS TO BE MADE HEREIN, DESCRIBING AND SETTING FORTH THE BOUNDARIES OF SAID DISTRICT; PROVIDING FOR THE IMPROVEMENTS TO BE MADE THEREIN; APPOINTING AN ENGINEER; PROVIDING FOR THE ASSESSMENT OF COSTS AND EXPENSES OF SAID IMPROVEMENTS AGAINST THE PROPERTY WITHIN THE DISTRICT BENEFITED THEREBY AND THE METHOD OF ASSESSMENTS; PROVIDING FOR THE ISSUANCE OF LOCAL IMPROVEMENT DISTRICT BONDS AND WARRANTS; PROVIDING SEVERABILITY; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE OF THIS ORDINANCE. MOVED by Hopper, SECONDED by Blacker to waive the three reading process and consider Bill No. 8 on its first reading by title only. Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Sobba, and Blacker. Those voting no: none. Absent and/or not voting: Oates. MOTION CARRIED MOVED by Hopper, SECONDED by Blacker to sponsor Bill No. 8 and move for its passage. Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Sobba, and Blacker. Those voting no: none. Absent and/or not voting: Oates. MOTION CARRIED The Mayor noted that due to the emergency nature of this request, measures have been taken by Engineering Department staffto expedite this process. NEW BUSINESS: (PUBLIC HEARING [LEGISLATIVE]: A REQUEST BY CALDWELL'S ENGINEERING DEPARTMENT AND PLANNING AND ZONING DEPARTMENT FOR AN ORDINANCE AMENDMENT TO AMEND CHAPTER 13, ARTICLE 5 OF CALDWELL CITY CODE "ACCESS CONTROL STANDARDS FOR STATE ADMINISTERED HIGHWAYS. ") Brent Orton, 621 Cleveland, presented the staff report and outlined the changes made to the ordinance since the last workshop conducted with Council on August 20 th . Discussion followed concerning the design elements of Highway 20/26, the proposed median width, access points. BOOK 50 PAGE 54 Pam Golden, of Idaho Transportation Department at 8150 Chinden Boulevard, Boise spoke in support ofthe proposed ordinance. Craig Isenberg, President of the Isenberg Company at 2231 E. Camelback, Suite 2315, Phoenix, Arizona, spoke as neutral to the proposed ordinance. He expressed his concern regarding various components of the ordinance. He expressed his appreciation to staff for their assistance in working with the development community regarding the concerns expressed. MOVED by Hopper, SECONDED by Blacker that based on discussion concerning the proposed ordinance, continue this item to the Regular City Council Meeting to be held on June 1, 2009 at 7:00 p.m. Those voting yes: unanimous. Those absent: Oates. MOTION CARRIED (CONSIDER BILL NO. 7 [ORDINANCE NO. 27901 FOR THE ACCESS CONTROL STANDARDS WITH A REQUEST TO WAIVE THE RULES, PASS ON THE FIRST READING, AND APPROVE THE SUMMARY FOR PUBLICATION) This companion document was continued to the Regular City Council to be held on June 1, 2009. (FINANCE AND HUMAN RESOURCE REPORTS) Councilman Callsen reported that the Finance Committee has reviewed current accounts payable in the amount of $652, 293.06 for the pay period ending April 29, 2009 and a net payroll in the amount of $276,669.31for the pay period ending April 25, 2009. MOVED by Callsen, SECONDED by Blacker that accounts payable in the amount of $652,293.06 represented by check numbers 60040 through 60333 and the total payroll in the amount of $276,669.31 presented by check numbers 17615 through 17671 and direct deposits be accepted, payments approved, and vouchers filed in the Office of the City Clerk. Those voting yes: unanimous. MOTION CARRIED (COUNCIL COMMENTS) Councilman Callsen reported on the success of the Spring Clean -up Day on April 25"'. Councilman Hopper reported that the Cinco de Mayo taco feed was well attended. Councilman Sobba reported that DiAnne Wilson, secretary to the Chief of Police, was recently crowned Ms. Senior Idaho. (MAYOR'S COMMENTS) The Mayor reported that he recently attended the Leadership Conference for Boise Economic Chamber. Copies of the Mayors' Climate Protection Agreement were distributed. He asked that Council members review the document for future discussion. Anne Marie Skinner will be dealing closely with the public in the capacity as the Community Development Coordinator. These additional responsibilities have been added to her job description. The Cinco de Mayo Celebration was rescheduled for Saturday, May 9, 2009 at the same location. Judge Bradley Ford will be sworn into office on Friday, May 8 at 4:00 p.m. A City Council workshop has been scheduled for May 18 at 6:30 p.m. concerning the proposed taxi cab ordinance. (EXECUTIVE SESSION PURSUANT TO IDAHO CODE, SECTION 67 -2345, SUBSECTION 1 (C) FOR THE PURPOSE OF DISCUSSING PROPERTY ACQUISITION) MOVED by Hopper, SECONDED by Blacker to convene into an Executive Session pursuant to provisions of Idaho Code 67 -2345, Subsection 1(c) for the purpose of discussing property acquisition at 8:25 p.m. Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Sobba, and Blacker. Those voting no: none. Absent and/or not voting: Oates. MOTION CARRIED MOVED by Blacker, SECONDED by Hopper to reconvene into regular session. Those voting yes: Unanimous. Those absent: Oates. MOTION CARRIED BOOK 50 PAGE 55 (ADJOURNMENT) MOVED by Blacker, SECONDED by Hopper to adjourn at 8:35 p.m. Those voting yes: unanimous. MOTION CARRIED APPROVED AS written THIS 18 DAY OF MAY 2009. Councilperson Councilperson Councilperson ATTEST: Mayor Councilperson Councilperson Councilperson City Clerk