HomeMy WebLinkAbout2009-10-05city council minutesBOOK 50
REGULAR MEETING
OCTOBER 5, 2009
7:00 P.M.
PAGE 140
The Mayor reported that a public workshop was conducted at 6:30 p.m. for the purpose of an Idaho
Power Presentation regarding the Langley Gulch Power Plant and Transmission Connection. No
decisions were made or action taken at the workshop.
The Mayor asked that everyone stand for the invocation offered by Pastor Brian Dyer of the Ustick Church
of the Nazarene 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, and Dakan. Those absent: Sobba.
SPECIAL PRESENTATIONS
The Mayor acknowledged Councilman Dakan's birthday.
The Mayor introduced Mrs. Jackson, American Government teacher at Caldwell High School. The
students in attendance introduced themselves.
ADDITIONS OR DELETIONS TO THE AGENDA
MOVED by Oates, SECONDED by Blacker to amend the agenda by adding Item #7 under the Consent
Calendar to read: Add Item #7 under on the Consent Calendar to read: "Approve Resolution
authorizing the City to roll over $5,000 in contingency funds from FY -2009 to FY -2010 for Winter
Wonderland lighting components."
Councilman Hopper asked that Item #3 under the Consent Calendar be pulled and placed under New
Business for purpose of discussion.
Motion withdrawn by the maker
MOVED by Oates, SECONDED by Blacker to amend the agenda by replacing Item #3 under the
Consent Calendar with language to read: "Approve Resolution authorizing the City to roll over $5,000
in contingency funds from FY -2009 to FY -2010 for Winter Wonderland lighting components." and
move the existing Item #3 from the Consent Calendar to New Business as Item 1 -A for purpose of
discussion to read: "Approve Resolution granting an Easement to Pioneer Irrigation District allowing
construction, operation, and maintenance of the 25.1 Lateral along a portion of Brother's Park."
Those voting yes: unanimous. Those absent: Sobba.
AUDIENCE PARTICIPATION
MOTION CARRIED
Scott Wallace, owner of Ship It! and Copy Cat, 521 North 10"' Avenue, reported that he has been
boycotted by the Chamber of Commerce. Mr. Wallace read a letter into the record alleging that he was
told that Chamber of Commerce members would no longer do business with his copy and shipping
stores because he had dropped his membership from the Chamber organization. He asked that Council
consider dropping the City's membership with the Chamber and discontinue their involvement with
the organization.
In response to questions from Councilman Blacker, Mr. Wallace reported that the three parties that
reported the boycotting directives to him were concerned with retaliation by the Chamber of
Commerce if their names were disclosed.
Discussion followed among the Council members concerning this issue. It was concluded that the
matter should be researched for further discussion, especially as it relates to the City funding
appropriations for Chamber of Commerce events. It was also noted that since the City is a member,
notification should be received of all Chamber meetings.
Dave Smith, previous owner of Sherwood Florist, 3708 South Montana, reported that as a prior
business owner in downtown Caldwell, his experience with the Chamber of Commerce was similar to
those stated by Mr. Wallace.
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 Meetings held on September 21,
2009 and September 28, 2009; the Regular City Council Meeting held on September 21, 2009, and
the Friends of the Caldwell Depot Meeting held on August 20, 2009;
2. Approve Order of Decision for Case Number SUB- 194PF -09 (Carrington Center #2 final plat);
3. Approve Resolution No. 149 -09 authorizing the City to roll over $5,000 in contingency funds from
FY -2009 to FY -2010 for Winter Wonderland lighting components; [added]
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4. Approve Resolutions No. 147 -09 and 148 -09 authorizing the execution of a State /Local Agreement
and State /Local Addendum with Idaho Transportation Department and Local Highway Technical
Assistance Council (LHTAC) for construction on Interstate 29 Stage III Project;
5. Approve Independent Contractor Agreement with Larry Stills for gopher trapping at the Caldwell
Industrial Airport;
6. Approve Independent Contractor Agreement with Ken Davis for gopher trapping at the Caldwell
Industrial Airport.
MOVED by Oates, SECONDED by Blacker to approve the Consent Calendar as presented.
Roll call vote. Those voting yes: Oates, Hopper, Blacker, Callsen, and Dakan. Those voting no:
none. Absent and /or not voting: Sobba.
MOTION CARRIED
OLD BUSINESS:
(APPROVE THE SUMMARY FOR PUBLICATION FOR ORDINANCE 2810 [CALDWELL
EAST URBAN RENEWAL 2009 CLARIFICATION TO PLAN AMENDMENTS ORDINANCE
APPROVED AT THE REGULAR CITY COUNCIL MEETING HELD ON SEPTEMBER 21,
2009])
MOVED by Hopper, SECONDED by Callsen to approve the summary for publication for Ordinance
2810 as presented.
Those voting yes: unanimous. Those absent: Sobba.
MOTION CARRIED
(PUBLIC HEARING [LEGISLATIVE]: CASE NUMBER OA- 113 -09 A REQUEST BY
CALDWELL'S PLANNING AND ZONING DEPARTMENT FOR AN ORDINANCE
AMENDMENT TO ADD SECTION 10- 03 -13, CONCERNING ADMINISTRATIVE
CITATIONS, TO THE CALDWELL ZONING ORDINANCE OF THE CALDWELL CITY
CODE)
Anne Marie Skinner, 621 Cleveland Blvd., presented the staff report and outlined the facts as written.
MOVED by Hopper, SECONDED by Blacker to close the public hearing.
Those voting yes: unanimous. Those absent: Sobba.
MOTION CARRIED
(CONSIDER BILL NO. 6 [ORDINANCE NO. 27891 FOR ADMINISTRATIVE CITATIONS
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 ZONING ORDINANCE BY CREATING SECTION 10 -03 -13 CONCERNING THE
ADMINISTRATIVE CITATION PROCESS; 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 Callsen to waive the three reading process and consider Bill No.
6 on its first reading by title only.
Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Blacker, and Oates. Those voting no: none.
Absent and/or not voting: Sobba.
MOTION CARRIED
MOVED by Hopper, SECONDED by Callsen to sponsor Bill No. 6, move for its passage, and approve
the summary for publication.
Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Blacker, and Oates. Those voting no: none.
Absent and/or not voting: Sobba.
MOTION CARRIED
NEW BUSINESS:
(APPROVE RESOLUTION GRANTING AN EASEMENT TO PIONEER IRRIGATION
DISTRICT ALLOWING CONSTRUCTION, OPERATION, AND MAINTENANCE OF THE
25.1 LATERAL ALONG A PORTION OF BROTHER'S PARK
Brent Orton, 621 Cleveland Blvd, presented background information to Council concerning the request
by Pioneer Irrigation. He noted that there is a pending project at Brother's Parks where the City intends
to build a parking lot accessed from Ustick Road. A small canal needs to be relocated for the project to
move forward. Initially there were requests from Pioneer Irrigation for an easement to replace the
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prescriptive easement as well as a license agreement. When the City reported back that this action would
not be granted, Pioneer revamped their request by asking for an easement for the portion of the facility
that is moving. Mr. Orton noted that engineering staff felt that this request is reasonable. Pioneer
Irrigation has abandoned the request for an agreement or expand the easement beyond the area that is
needed to accommodate the relocated facility.
Councilman Hopper noted that the Council has worked under the assumption that all of Pioneer facilities
are under a prescriptive easement with regards to the City. He stated this concern that this action might
possibly jeopardize that position in the future by seemingly granting a different right to this particular
piece ofthe canal.
Mark Hilty, 1303 12"' Avenue Road, Nampa stated that he did not participate in the preparation of the
easement. He noted that a prescriptive easement would typically include a scope that would allow the
easement holder to engage in any work they had historically done at the site. The easement would not
only allow for the conveyance of water across the property but also access for purposes of maintaining a
ditch. The easement does not grant any greater right than what has been established through prescription,
assuming that they have a prescriptive right.
Councilman Hopper questioned if the document could be worded in such a way that would transfer the
existing prescriptive rights to the new location of the canal so it does not appear to be a new easement or
granting of rights?
Mr. Hilty stated that it was unclear what they have done in the past at that location to establish
prescriptive rights. Potentially an agreement could be entered into that vacates /waives the previous
location where there may have been prescriptive rights established. An easement could be issued which
limits Pioneer to reasonable historic access for necessary purposes of maintenance. He recommended
that he review the document and bring it back to Council at their next meeting.
MOVED by Hopper, SECONDED by Callsen to continue this item to the next Regular City Council
Meeting to be held on October 19, 2009 at 7:00 p.m.
Roll call voting yes: unanimous. Those absent: Sobba.
(PUBLIC HEARING [LEGISLATIVE]: A REQUEST BY THE CALDWELL POLICE
DEPARTMENT FOR A "ROADSIDE MEMORIAL ORDINANCE" ENACTING A NEW
CHAPTER 9, ARTICLE 19 OF THE CALDWELL CITY CODE)
Chris Allgood, Chief of Police, 110 South 5 Avenue, presented the staff report and outlined the contents
of the proposed ordinance. He noted that the new ordinance basically adopts most of the language of the
Idaho State Code (49 -1316) along with additional rules to make the document more applicable to a city
environment. Currently there are roadside memorials within the City of Caldwell. This ordinance would
give guidance to such memorials being erected within the City Limits.
MOVED by Dakan, SECONDED by Hopper to close the public hearing.
Roll call voting yes: unanimous. Those absent: Sobba.
(CONSIDER BILL NO. 26 [ORDINANCE NO. 28081 FOR A "ROADSIDE MEMORIAL
ORDINANCE" ENACTING A NEW CHAPTER 9, ARTICLE 19 OF THE CALDWELL CITY
CODE [FIRST READING])
The Mayor read the ordinance by title only:
AN ORDINANCE OF THE CALDWELL CITY COUNCIL, ENACTING A NEW CHAPTER 9,
ARTICLE 19 OF THE CALDWELL CITY CODE, TO BE ENTITLED "ROADSIDE
MEMORIALS," SECTIONS 9 -19 -1 THROUGH 9 -19 -13 INCLUSIVE; 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 Callsen to let Ordinance 2808 read by title only stand as the first
reading.
Those voting yes: unanimous. Those absent: Sobba.
MOTION CARRIED
(PUBLIC HEARING [QUASI - JUDICIAL]: CASE NUMBER ANN - 175 -09 A REQUEST BY JR
AND KAREN SMITH TO ANNEX ONE ACRE INTO THE CITY OF CALDWELL WITH AN
R -1 LOW DENSITY RESIDENTIAL ZONE LOCATED ON THE EAST SIDE OF KCID
ROAD APPROXIMATELY 1000 FEET NORTH OF LINDEN ROAD)
The Mayor explained the quasi - judicial process and asked the City Clerk to swear in those who would
be giving public testimony.
Anne Marie Skinner, 621 Cleveland Blvd, acknowledged being sworn in and outlined the staff report
as written. She presented an aerial map of the site, which the Mayor labeled at CC -1000.
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J.R. Smith, 10368 W. Altair Drive, Star, acknowledged being sworn in and spoke in favor of the
request. He complimented the Planning & Zoning and Building Department staff for their
extraordinary assistance during the application process.
MOVED by Callsen, SECONDED by Hopper to close the public testimony portion of the hearing.
Those voting yes: unanimous. Those absent: Sobba.
MOTION CARRIED
EVIDENCE LIST FOR CASE NO. ANN- 175 -09:
The Mayor presented the Evidence List: staff report, sign -up sheets, and CC -1000 (aerial map of the
site).
MOVED by Hopper, SECONDED by Blacker to accept the Evidence List as presented.
Those voting yes: unanimous. Those absent: Sobba.
MOTION CARRIED
COMPREHENSIVE PLAN ANALYSIS ON CASE NO. ANN- 175 -09:
MOVED by Hopper, SECONDED by Blacker to accept the Comprehensive Plan Analysis as presented
in the staff report under roman number V.
Those voting yes: Unanimous.
FINDINGS OF FACT ON CASE NO. ANN- 175 -09:
MOTION CARRIED
MOVED by Hopper, SECONDED by Blacker to accept the general facts as outlined in the staff report,
the public testimony that was given in this matter, the evidence list that was provided, and note there
was no opposition to the application.
Those voting yes: unanimous. Those absent: Sobba.
MOTION CARRIED
MOVED by Hopper, SECONDED by Callsen that the Caldwell City Council has the authority to hear
this case and to make the decision to approve or deny; and the public hearing was noticed and heard
within the guidelines of applicable state codes and local ordinances.
Those voting yes: unanimous. Those absent: Sobba.
MOTION CARRIED
ORDER OF DECISION ON CASE NO. ANN- 175 -09
MOVED by Hopper, SECONDED by Callsen, based on the Findings of Fact and Conclusions of Law,
the Caldwell City Council hereby orders that Case No. ANN - 175 -09, a request by JR and Karen Smith
for annexation of 1.00 acre with R -1 Low Density Residential zoning on the east side of KCID Road
approximately 1000 feet north of Linden Street be approved with the conditions as outlined in the staff
report.
Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Blacker, and Oates. Those voting no:
none. Absent and /or not voting: Sobba.
MOTION CARRIED
MOVED by Hopper, SECONDED by Callsen to close the public hearing.
Those voting yes: unanimous.
(FINANCE AND HUMAN RESOURCE REPORTS)
MOTION CARRIED
Councilman Callsen reported that the Finance Committee has reviewed current accounts payable in the
amount of $1,095,386.10 for the pay period ending September 30, 2009 and a net payroll in the
amount of $264,109.28 for the pay period ending September 26, 2009.
MOVED by Callsen, SECONDED by Blacker that accounts payable in the amount of $1,095,386.10
represented by check numbers 63418 through 63711 and the total payroll in the amount of $264,109.28
presented by check numbers 18431 through 18497 and direct deposits be accepted, payments
approved, and vouchers filed in the Office of the City Clerk.
Those voting yes: unanimous.
(COUNCIL COMMENTS)
MOTION CARRIED
Councilman Dakan reported that the Canyon Council Organization on Aging (CCOA) fund raiser
event on October 2 nd to save the bus transportation for senior citizens was well attended and successful.
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Councilman Callsen expressed appreciation to City Attorney Mark Hilty for inviting Council Members
to the court proceedings with Pioneer Irrigation.
Councilman Oates asked the City Clerk if the candidates are advised of the rules concerning political
signs such as the violation of signs being placed in the public right -of -way. Mrs. Geyer replied that all
candidates are informed of such information in their campaign packets which are distributed with the
candidate declaration documents.
(MAYOR'S COMMENTS)
The Mayor expressed his appreciation for Mrs. Jackson and her efforts of making sure that students see
the government process in action by attending public meetings. Also, her requirement for students to
participate in community service projects is a great training for them to become involved citizens. He
encouraged the students to participate in the Mayor's Youth Advisory Council on the first and third
Wednesdays of each month.
He expressed his appreciation for those who organized and attended and the CCOA event. The senior
bussing program was a state - funded program which was drastically effected by budget cuts. He
complimented City Council who responded to this need two times by appropriating City dollars to
fund the Caldwell route.
The Caldwell Farmer's Market concluded last Wednesday night. He expressed his gratitude to those
who made this such a successful event all summer long.
The Leadership First event was held on Saturday, October 3` This is a program known as "Schools
Without Walls" and will be lead by Derrick Boles. It is an alternative approach to education where
students can come in and gain assistance in setting up a business. They cover such items as preparing
a business plan, learning about operation policies and procedures, and calculating how to order
merchandise. It is an interesting concept which will be made available soon to both Caldwell and
Nampa students.
The Mayor's Youth Advisory Committee will be held on Wednesday, October 7 h , in the Caldwell
Police Department Community Room.
The Caldwell candidate forum organized by the Caldwell Chamber of Commerce will take place on
Thursday, October 8"', at the College of Idaho Langroise Center at 7:30 p.m.
(ADJOURNMENT)
MOVED by Oates, SECONDED by Blacker to adjourn at 8:05 p.m.
Those voting yes: unanimous.
MOTION CARRIED
APPROVED AS written THIS 19` DAY OF OCTOBER
2009.
Mayor
Councilperson Councilperson
Councilperson Councilperson
Councilperson Councilperson
ATTEST:
City Clerk