HomeMy WebLinkAbout2009-06-01city council minutesBOOK 50
REGULAR MEETING
JUNE 1, 2009
7:00 P.M.
PAGE 67
The Mayor reported that a public workshop was held at 6:00 p.m. for the purpose of discussing the
implementation of a vehicle emissions testing program, or other alternatives, to comply with Idaho Code
39 -116B (HB 586) from the 2008 legislative session. No decisions were made.
The Mayor asked that everyone stand for the invocation given by Pastor Jim Berglund from the Seventh
Day Adventist Church 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 recognized Martin Munoz with a certificate commending his act of bravery and heroism in
relation to a fire at Canyon West Health and Rehabilitation Center on May 24, 2009. Mr. Munoz saw
the fire while driving by the facility, ran inside the building to notify the residents, pulled the fire
alarm, and attempted to put out the fire in the laundry room, where flames were hitting the ceiling.
The Mayor went on to express appreciation to Mr. Munoz for risking his life in order to save the lives
of others. Mr. Randall Barnes, Director of the Canyon West Health and Rehabilitation Center, also
expressed his appreciation to Mr. Munoz and presented him with a gift.
ADDITIONS OR DELETIONS TO THE AGENDA
MOVED by Blacker, SECONDED by Oates to amend the agenda by removing Item No. 1 under New
Business.
Those voting yes: unanimous.
MOTION CARRIED
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 Meetings held on May
18 and May 21, 2009; the Regular City Council Meeting held on May 18, 2009; and the Caldwell
Industrial Airport Commission held on May 7, 2009;
2. Approve Order of Decision for Case No. SUB- 113(E) -04 (Castle Peak time extension);
3. Approve Order of Decision for Case No. SUB- 163(E) -06 (Mandalay Ranch time extension);
4. Approve Order of Decision for Case No. SUB- 84(4)F -03 (Apple Creek Subdivision #4);
5. Approve Resolution No. 81 -09 authorizing the rejection of bids associated with the design build of
the Caldwell Fire Department Training Center and approve the re -bid process;
6. Approve Resolution No. 82 -09 authorizing the execution of an Independent Contractor Agreement
with Larry Stills for trapping gophers at the Caldwell Industrial Airport;
7. Approve Resolution No. 83 -09 authorizing the execution of an Independent Contractor Agreement
with Ken Davis for trapping gophers at the Caldwell Industrial Airport
8. Approve Resolution No. 84 -09 authorizing the emergency execution of the South Interceptor Union
Pacific Railroad Pipeline Crossing Agreements (Folder No. 2559 -11 and Folder No. 2559 -12) for
construction of the City of Caldwell's 42 sewer interceptor and water main beneath/across Union
Pacific's Railroad tracks;
9. Approve Resolution No. 85 -09 authorizing the Local Professional Services Agreements with Idaho
Transportation Department. /J -U -B Engineers for construction engineering and the Idaho
Transportation Department/W.H. Pacific for construction engineering support regarding the 11''
Avenue and 21 Avenue Indian Creek Bridges;
10. Approve Resolution No. 86 -09 accepting the dedication of sewer, water, storm drain, and street light
improvements from The Westpark Company, Inc. for Castle Peak Subdivision No. 2;
11. Approve Resolution No. 87 -09 accepting the apparent low bidder, Hess Construction, for the 12'
Avenue Drainage Project;
12. Approve request from the Planning and Zoning Department and the Building Department to waive
the building permit fee for James Self for a deck less than thirty inches from the ground at 2520
College Avenue.
MOVED by Oates, SECONDED by Blacker to approve the Consent Calendar as presented.
Those voting yes: unanimous.
MOTION CARRIED
BOOK 50
OLD BUSINESS:
PAGE 68
(CONSIDER BILL NO. 63 [ORDINANCE NO. 27831 FOR CASE NO. ZON -64 -08 [GOLDEN
VIEW SUBDIVISION REZONE] WITH A REQUEST TO WAIVE THE RULES, PASS ON THE
FIRST READING, AND APPROVE THE SUMMARY FOR PUBLICATION)
The Mayor read the ordinance by title only:
AN ORDINANCE DETERMINING THAT CERTAIN LAND LAYS WITHIN THE CITY LIMITS
OF THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO, AND THAT SAID
LANDS SHOULD BE REZONED TO THE C -2 (COMMUNITY COMMERCIAL) ZONE;
DETERMINING THAT SAID CHANGE IN ZONING IS IN THE BEST INTEREST OF THE CITY
OF CALDWELL, CANYON COUNTY, IDAHO; DIRECTING THE CITY ENGINEER AND
PLANNING AND ZONING DIRECTOR TO AMEND SAID PROPERTY ON THE OFFICIAL
MAPS OF THE CITY OF CALDWELL, IDAHO; AND REPEALING ALL ORDINANCES,
RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH.
MOVED by Hopper, SECONDED by Blacker to waive the three reading process and consider Bill No
63 on its first reading by title only.
Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Sobba, Blacker, and Oates. Those voting
no: none. Absent and /or not voting: none.
MOTION CARRIED
MOVED by Hopper, SECONDED by Blacker to sponsor Bill No. 63, move for its passage, and
approve the summary for publication.
Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Sobba, Blacker, and Oates. Those voting
no: none. Absent and /or not voting: none.
MOTION CARRIED
(CONTINUED 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 Blvd., presented the staff report and outlined the history of the ordinance
and recent amendments since the last public hearing. He read into the record a letter received from
Pam Golden of Idaho Transportation Department, which the Mayor labeled as CC- 1000.
Craig Isenberg, President of the Isenberg Company at 2231 E. Camelback, Suite 2315, Phoenix,
Arizona, spoke in favor of the changes. He noted that the amendments to the proposed ordinance have
satisfied the interested parties with the exception of further clarification regarding cross access drive
aisles or backage roads.
Mr. Orton read the revised language on Page 6, Item No. laddressing the cross access drive aisles or
backage roads issue. Mr. Isenberg was in agreement with the proposed change.
EVIDENCE LIST:
The Mayor presented the Evidence List: sign -up sheets, Bill No. 7 with the correction as noted in
testimony, and CC -1000 (document from Pam Golden at Idaho Transportation Department).
MOVED by Blacker, SECONDED by Hopper to accept the Evidence List as presented.
Those voting yes: Unanimous.
MOTION CARRIED
MOVED by Hopper, SECONDED by Blacker to close the public hearing.
Those voting yes: Unanimous.
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)
The Mayor read the ordinance by title only:
AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL AMENDING THE
CALDWELL CITY CODE BY AMENDING CHAPTER 13 CONCERNING ACCESS CONTROL
STANDARDS; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY;
AND REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS, AND PARTS THEREOF IN
CONFLICT HEREWITH.
BOOK 50
PAGE 69
MOVED by Hopper, SECONDED by Blacker to waive the three reading process and consider Bill No.
7 on its first reading by title only.
Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Sobba, Blacker, and Oates. Those voting
no: none. Absent and /or not voting: none.
MOTION CARRIED
MOVED by Hopper, SECONDED by Blacker to sponsor Bill No. 7, move for its passage including
the amendments as described earlier in testimony, and approve the summary for publication.
Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Sobba, Blacker, and Oates. Those voting
no: none. Absent and /or not voting: none.
MOTION CARRIED
Mark Hilty, City Attorney announced that typographical errors were found in the summary of
Ordinance 2790. Corrections will be made administratively and it will move forward accordingly
under approval of the City Attorney.
NEW BUSINESS:
(CONSIDER BILL 10 [ORDINANCE 27931 TO APPROVE CONSOLIDATION BOND
ORDINANCE NO. 11 FOR LOCAL IMPROVEMENT DISTRICTS (LID) 07-1,07-2, AND 07 -3
WITH A REQUEST TO WAIVE THE RULES, PASS ON THE FIRST READING, AND
APPROVE THE SUMMARY FOR PUBLICATION)
By previous motion, this item was removed from the agenda
(CONSIDER BILL 9 (ORDINANCE 2792) TO APPROVE ANNEXATION TO THE
MUNICIPAL IRRIGATION DISTRICT FOR DAKOTA CROSSING NO. 1, DAKOTA
CROSSING NO. 2, CARRINGTON PLAZA, USTICK PARK, 4023 SOUTH 10 AVENUE, 3923
SOUTH 10 AVENUE, 4321 SOUTH 10 AVENUE, AND 3904 E. USTICK ROAD WITH A
REQUEST TO WAIVE THE RULES AND PASS ON THE FIRST READING)
The Mayor read the ordinance by title only:
AN ORDINANCE OF THE CITY OF CALDWELL, IDAHO, ANNEXING A PORTION OF
PROPERTY WITHIN THE CORPORATE CITY LIMITS INTO THE CALDWELL MUNICIPAL
IRRIGATION DISTRICT OF THE CITY OF CALDWELL, CANYON COUNTY, IDAHO, AND
CHANGING THE BOUNDARIES THEREOF; DIRECTING THE CITY ENGINEER TO ALTER
THE BOUNDARY MAP ACCORDINGLY; DECLARING THE INTENT OF THE CITY TO POOL
WATER RIGHTS AND APPLY A UNIFORM METHOD OF ALLOCATING ASSESSMENTS
AND CHARGES; AND PROVIDING AN EFFECTIVE DATE.
MOVED by Hopper, SECONDED by Blacker to waive the three reading process and consider Bill No.
9 on its first reading by title only.
Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Sobba, Blacker, and Oates. Those voting
no: none. Absent and /or not voting: none.
MOTION CARRIED
In response to questions from Council Hopper, Mark Hilty reported that the City's agreement with
Pioneer Irrigation addresses the issue of property assessment for the delivery of water by Pioneer
Irrigation and the maintenance of their system as well as the City's involvement with the pressurized
irrigation component through Caldwell Municipal Irrigation. The assessment comes to the City, the
City accounts for the money and then delivers the appropriate amount to Pioneer Irrigation. This
procedure eliminates any possibility of double billing the citizen.
MOVED by Hopper, SECONDED by Blacker to sponsor Bill No. 9 and move for its passage.
Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Sobba, Blacker, and Oates. Those voting
no: none. Absent and /or not voting: none.
MOTION CARRIED
(FINANCE AND HUMAN RESOURCE REPORTS)
Councilman Callsen reported that the Finance Committee has reviewed current accounts payable in the
amount of $1,033,544.07 for the pay period ending May 27, 2009 and a net payroll in the amount of
$289,408.37 for the pay period ending May 23, 2009.
MOVED by Callsen, SECONDED by Blacker that accounts payable in the amount of $1,033,544.07
represented by check numbers 60648 through 60940 and the total payroll in the amount of $289,408.37
presented by check numbers 17727 through 17793 and direct deposits be accepted, payments
approved, and vouchers filed in the Office of the City Clerk.
BOOK 50 PAGE 70
Those voting yes: unanimous.
(COUNCIL COMMENTS)
MOTION CARRIED
Councilman Hopper expressed appreciation to the Mayor for his participation in the community's high
school graduation ceremonies.
Councilman Oates announced that the Caldwell Air Show will be held at the Caldwell Airport on
Saturday, June 6th.
Councilman Blacker announced that the Friday Night Express event will be held on Friday, June 5"' at
the Caldwell Train Depot with the feature being the display of the community quilt created by Cindy's
Quilt Show in the Depot Interpretive Center. He reported that Purple Sage was awarded the Reader's
Choice Award by the Idaho Press Tribune. The CEDC Board Retreat will be held at the Bitner Winery
in the Sunny Slope area in July.
(MAYOR'S COMMENTS)
The Mayor noted that the Planning & Zoning Department will be hosting an open house on Monday,
June 8"' from 6:00 — 8:00 p.m. at the Police Department Community Room in anticipation of gaining
comments about the proposed Parks & Recreation Plan.
He reported that he attended the graduation ceremonies for Caldwell High School, Vallivue High
School, and Canyon Springs Alternative School. He noted that 24 students graduated from the Canyon
Springs School.
The Canyon Hill Cemetery was well maintained by city staff and beautifully decorated by the Veterans
of Foreign Wars for the Memorial Day weekend. There have been many positive comments made
concerning the upkeep of the cemetery.
He invited everyone to visit the Farmer's Market at Serenity Park which is open each Wednesday.
The Mayor's Golf Tournament transpires this Friday, June 5 ffi at noon at the Purple Sage Golf Course.
Funds from this event will help fund the MYAC organization and their scholarship award.
The City Council budget workshop will take place at 6:00 p.m. on June 4 The meeting will be held
in the CPD Community Room.
The Chamber Noon Break Luncheons for June, July, and August are sponsored by the City of
Caldwell. Presentations will be made at each luncheon concerning the City's budgeting process.
(ADJOURNMENT)
MOVED by Oates, SECONDED by Blacker to adjourn at 7:45 p.m.
Those voting yes: unanimous.
MOTION CARRIED
APPROVED AS written THIS 15th DAY OF JUNE _ 2009.
Mayor
Councilperson Councilperson
Councilperson Councilperson
Councilperson Councilperson
ATTEST:
City Clerk