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Home My WebLink About2008-08-04city council minutesBOOK 49 REGULAR MEETING August 4, 2008 7:00 P.M. PAGE 123 The Meeting was called to order by Mayor Nancolas. He noted that a workshop was conducted at 6:00 p.m. for the purpose of discussing the "Covered Load" ordinance, "Disorderly Conduct" ordinance, and text amendments to Chapter 12 of the Building Code regarding the refund policy. The Mayor asked everyone to stand for the invocation led by the Pastor Gerald Crownover of the First Assembly of God Church and 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 introduced Marissa Day of the Mayor's Youth Advisory Council. She recapped the happenings and learning experiences of the 2008 Association of Idaho Cities (AIC) Conference held in Boise on June 24 -26, 2008. She noted that Ryan Sullivan also attended the Conference was not available to report to Council. She expressed her appreciation for the opportunity to attend the AIC Conference. ADDITIONS OR DELETIONS TO THE AGENDA MOVED by Blacker, SECONDED by Oates to amend the Consent Calendar portion of the agenda by adding Item #12: Approve Taxi Cab License for Canyon County Taxi Cab, adding Item #13: Approve Resolution executing a State/Local Agreement with Idaho Department of Transportation for the 21" Avenue Widening Project, and under New Business continue Item #1 to the next Regular City Council meeting to be held on August 18, 2008 at 7:00 p.m. The Mayor noted that at 8:00 p.m. a workshop will be held this evening concerning the FY 2008 -009 Fire Budget. Those voting yes: unanimous. AUDIENCE PARTICIPATION None. CONSENT CALENDAR: MOTION CARRIED 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 City Council Executive Budget Workshop held on July 8, 2008, the City Council Budget Workshop held on July 14, the City Council Workshop held on July 21, 2008, the City Council Budget Workshop held on July 22, 2008, the Regular City Council meeting held on July 21, 2008; and the Caldwell Traffic Commission meeting held on July 7, 2008; 2. Approve Order of Decision for Case No. SUP - 310 -08 (W VMC helipad appeal); 3. Approve Order of Decision for Case No. SUB- 106F(1)- 04 -AMND (D &A Commercial final plat); 4. Approve Order of Decision for Case No. SUB- 180F(1) -07 (Legacy Falls #1 final plat); 5. Approve Resolution No. 109 -08 accepting the dedication of water, storm drain, and street light improvements from Phase III Development, LLC for Azure Place Subdivision; 6. Approve Resolution No. 110 -08 accepting an Avigation and Noise Easement from D & A Commercial Warehousing, LLC for said property located within the APO -2 Airport Overlay zoning designation; 7. Approve Resolution No. 111 -08 accepting a Purchase /Compensation Agreement for Temporary Easement from Betty Pilote for construction of the 11"' Avenue/Indian Creek Bridge Project; 8. Approve Resolution No. 113 -08 authorizing the execution of a Joint Funding Agreement and the Water Quality Monitoring Memorandum of Understanding with U.S. Geological Survey, the City of Boise, the City of Meridian, and the City of Nampa to operate continuous water quality monitors in the lower Boise River and Snake River; 9. Approve Resolution No. 112 -08 authorizing the execution of a State /Local Agreement with Idaho Transportation Department for construction associated with the 21 Avenue Indian Creek Bridge; 10. Approve Resolution No. 114 -08 authorizing the execution of an Agreement with 4 x 4 Shop to provide certain repair, service, and maintenance on Caldwell Police Department fleet vehicles; 11. Approve Resolution No. 115 -08 authorizing the approval of the Friends of the Depot Collections Policy as drafted by the City Attorney for the Caldwell Train Depot Interpretive Center; 12. Approve Taxi Cab License for Canyon County Taxi Cab; [Added] 13. Approve Resolution No. 116 -08 executing a State /Local Agreement with Idaho Department of Transportation for the 21 Avenue Widening Project. [Added] BOOK 49 PAGE 124 MOVED by Oates, SECONDED by Blacker to approve the Consent Calendar as amended Roll call vote. Those voting yes: Oates, Hopper, Callsen, Dakan, Sobba, and Blacker. Those voting no: none. Absent and /or not voting: none. MOTION CARRIED OLD BUSINESS: (CONTINUED PUBLIC HEARING [LEGISLATIVE]: CASE NUMBER OA -92 -07 A REQUEST BY CALDWELL'S PLANNING AND ZONING DIRECTOR FOR AN ORDINANCE (AMENDMENT TO SECTION 02 -17 -01 THROUGH SECTION 02 -17 -33 REGARDING THE CALDWELL HISTORIC PRESERVATION COMMISSION) Brian Billingsley, 621 Cleveland Blvd., presented the staff report and outlined the facts as written. He noted that the portion of the ordinance dealing with satellite dishes needing a Certificate of Appropriateness has been removed and the portion dealing with inspections of demolition sites will be conducted on an "as need" basis. Eileen Carpenter, 1102 Grant, stated that she agreed with testimony given by Brian Billingsley Gina Lujack, 2418 Ray Avenue, stated that she agreed with testimony given by Brian Billingsley MOVED by Oates, SECONDED by Hopper to close the public hearing. Those voting yes: unanimous. MOTION CARRIED (CONSIDER BILL NO. 4 [ORDINANCE 27241 FOR CASE NO. OA -92 -07 [HISTORIC PRESERVATION COMMISSION] WITH A REQUEST TO WAIVE THE RULES, PASS ON THE FIRST READING, AND APPROVE THE SUMMARY FOR PUBLICATION) The Mayor read Bill No. 4 (Ordinance No. 2724) by title only: AN ORDINANCE AMENDING SECTION 02 -17 -01 THROUGH SECTION 02 -17 -33 OF THE CALDWELL CITY CODE CONCERNING THE CALDWELL HISTORIC PRESERVATION COMMISSION; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; AND REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS, AND PARTS THEREOF IN CONFLICT HEREWITH. MOVED by Hopper, SECONDED by Blacker to waive the three reading process and consider Bill No. 4 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. 4, 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 NEW BUSINESS: (ACCEPT THE TENTATIVE BUDGET AND SET THE PUBLIC HEARING FOR AUGUST 18, 2008 DURING THE REGULAR CITY COUNCIL MEETING TO CONSIDER THE FY -2009 TENTATIVE BUDGET) [Added] [By previous motion, this item was continued to the neat Regular City Council meeting to be held on August 18, 2008 at 7:00 p.m.] (FINANCE AND HUMAN RESOURCE REPORTS) Councilman Callsen reported that the Finance Committee has reviewed current accounts payable in the amount of $1,171,606.87 for the pay period ending July 31, 2008 and a net payroll in the amount of $304,943.56 for the pay period ending July 19, 2008. MOVED by Callsen, SECONDED by Blacker that accounts payable in the amount of $1,171,606.87 represented by check numbers 53983 through 54468 and the total payroll in the amount of $304,943.56 presented by check numbers 15785 through 15959 and direct deposits be accepted, payments approved, and vouchers filed in the Office of the City Clerk. BOOK 49 PAGE 125 Roll call vote. Those voting yes: Callsen, Dakan, Sobba, Blacker, Oates, and Hopper. Those voting no: none. Absent and /or not voting: none. MOTION CARRIED (COUNCIL COMMENTS) Councilman Blacker commented on the productive CEDC conference held in New Meadows. Councilman Sobba reported that he recently represented the City at a press conference concerning bio- diesel fuel at Baird Oil. He recommended that the City look into using local bio- diesel fuel for its diesel operated vehicles. (MAYOR'S COMMENTS) The Caldwell Night Rodeo will be held on August 12 -16, 2008. He noted that the Caldwell Farmer's Market is steadily growing each week with a record attendance at last week's event on July 30, 2008. Appreciation was expressed to Sheila McGregor as coordinator of the Farmer's Market and its consistent growth and progress. The Friday Night Express event was held at the Caldwell Train Depot on August 1, 2008 with approximately 750 in attendance. Appreciation was expressed to Debbie Geyer for her involvement with organizing this event. The train depot was open that evening since the renovations are nearly finished with only the ticket counter and museum lighting elements lacking completion this summer. The Chamber of Commerce Luncheon will be held on Tuesday, August 5, 2008, which will be the third city- sponsored luncheon this summer to highlight the annual City budget process. The annual Blues in the Park event will be held on Friday, August 8"' at The Willows and August 9�' at the Caldwell Memorial Park. Chief Allgood will be married on August 9"' with the Mayor conducting the ceremony. The Third Thursday Town Talks will begin this month with the first session being held on Thursday, August 21, 2008 at 7:00 p.m. in the Caldwell Police Department Community Room. (EXECUTIVE SESSION PURSUANT TO IDAHO CODE 67 -2345, SUBSECTION 1 (F) FOR THE PURPOSE OF DISCUSSING PENDING LITIGATION) MOVED by Oates, SECONDED by Blacker to convene into an Executive Session at 7:28 p.m. pursuant to Idaho State Code 67 -2345, subsection 1(f) for the purpose of discussing pending litigation. Roll call vote. Those voting yes: Oates, Hopper, Callsen, Dakan, Sobba, and Blacker. Those voting no: none. Absent and /or not voting: none. MOTION CARRIED MOVED by Oates, SECONDED by Hopper to reconvene into the Regular Council Meeting. Roll call vote. Those voting yes: Oates, Hopper, Callsen, Dakan, Sobba, and Blacker. Those voting no: none. Absent and /or not voting: none. MOTION CARRIED (ADJOURNMENT) MOVED by Oates, SECONDED by Blacker to adjourn at 8:10 p.m. Those voting yes: unanimous. MOTION CARRIED BOOK 49 PAGE 126 APPROVED AS written THIS 18th DAY OF AUGUST 2008. Councilperson Councilperson Councilperson ATTEST: Mayor Councilperson Councilperson Councilperson City Clerk