HomeMy WebLinkAbout2009-10-19city council minutesBOOK 50
REGULAR MEETING
OCTOBER 19, 2009
7:00 P.M.
PAGE 146
The Mayor reported that a public workshop was conducted at 6:00 p.m. for the purpose of discussing
proposed text amendments to the Zoning Ordinance (Chapter 10). No decisions were made or action
taken at the workshop.
The Mayor asked that everyone stand for the invocation offered by Pastor Ron Clegg of the New Life
Celebration Church of God and to remain standing for the Pledge of Allegiance to the Flag, which was lead
by Jordan Makrush of Boy Scout Troop No. 299.
The Roll of the City Council was called with the following members present: Blacker, Oates, Hopper,
Callsen, Dakan, and Sobba. Those absent: none.
SPECIAL PRESENTATIONS
The Mayor acknowledged Ms. DiAnne Wilson, Ms. Idaho Senior America. He reported that Ms.
Wilson was recently awarded the honor of 2 ° runner up in the National Ms. Senior America pageant
held in Atlanta, Georgia. Ms. Wilson is employed as the administrative assistant to the Chief of
Police. A proclamation was read recognizing her accomplishments.
Lee Van De Bogart from the Engineering Department stated that the MS4 (Municipal Separate Storm
Water Sewer Systems) Permit has been received. He updated Council Members concerning the
necessary steps that the City will begin implementing.
The Mayor introduced Ms. Jackson, American Government teacher at Caldwell High School. She
asked the students in attendance stand and introduce themselves.
ADDITIONS OR DELETIONS TO THE AGENDA
MOVED by Oates, SECONDED by Blacker to amend the agenda by adding Item #11 under the Consent
Calendar to read: "Approve Resolution accepting the apparent low bid and award the contract for
construction of the Griffith Park Additional Sidewalks and Pathways Project to Hess Construction in the
amount of $24,987. ", add Item #12 to the Consent Calendar to read: "Approve Resolution to execute a
Cooperative Agreement with Valley Regional Transit for Annual Dues and Service Contribution in the
amount of $120,409 for FY-2010"; remove Item #7 from the Consent Calendar; and add Item 5 -A under
New Business to conduct an Executive Session pursuant to Idaho Code 67 -2345, Subsection 1(c) for the
purpose of discussing labor negotiations or the acquisition of real property not owned by a public
agency.
Roll call vote. Those voting yes: Oates, Hopper, Blacker, Callsen, Dakan, and Sobba. Those voting
no: none. Absent and /or not voting: none.
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 Meeting held on October 5, 2009;
the Regular City Council Meeting held on October 5, 2009, the Friends of the Caldwell Depot
Meeting held on September 17, 2009; the Mayor's Youth Advisory Committee Meeting held on
September 16, 2009; the Caldwell Industrial Airport Commission Meeting held on October 1, 2009;
the Caldwell City Traffic Commission Meeting held on October 5, 2009; the Caldwell Historic
Preservation Commission Meetings held on August 24, 2009 and July 27, 2009; the Caldwell
Planning and Zoning Commission Meetings held on June 9, 2009, August 11, 2009 and September
14, 2009; and the Caldwell Hearing Examiner Meetings held on July 28, 2009 and September 15,
2009.
2. Approve Order of Decision for Case Number ANN- 175 -09 (Smith annexation);
3. Approve Resolution No. 150 -09 granting an Easement to Pioneer Irrigation District allowing
construction, operation, and maintenance of the 25.1 Lateral along a portion of Brother's Park;
4. Approve Resolution No. 151 -09 accepting the dedication of sewer and water improvements for
Higher Ground Worship Center;
5. Approve Resolution No. 152 -09 accepting the dedication of water facilities for Living Waters
Worship Center;
6. Approve Resolution No. 153 -09 authorizing the execution of a Municipal Services Agreement with
Richard Frerichs for a contemplated future Canyon County subdivision;
7. Approve Resolution authorizing the execution of the extended Independent Contractor Agreement
with Chris Yamamoto for the position of Lead Project Manager for the Catalyst Project; [removed]
8. Approve appointment of Ed Adler to the Friends of the Caldwell Depot Committee for a three (3)
year term to expire December 31, 2012;
9. Approve appointment of Anne Marie Skinner as Floodplain Coordinator for the City of Caldwell;
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10. Approve appointment of Jerome Mapp as Administrative Hearing Officer for the Administrative
Citation Process in the City of Caldwell;
11. Approve Resolution No. 154 -09 accepting the apparent low bid and award the contract for
construction of the Griffith Park Additional Sidewalks and Pathways Projects to Hess Construction
in the amount of $24,987; [amended]
12. Approve Resolution No. 155 -09 authorizing the execution of a Cooperative Agreement with Valley
Regional Transit for Annual Dues and Service Contribution in the amount of $120,409 for FY -2010.
[amended]
MOVED by Oates, SECONDED by Blacker to approve the Consent Calendar as amended.
Roll call vote. Those voting yes: Oates, Hopper, Blacker, Callsen, Dakan, and Sobba. Those voting
no: none. Absent and /or not voting: none.
MOTION CARRIED
OLD BUSINESS:
(RECONSIDER THE MOTION CONCERNING THE RELEASE OF LIEN ASSOCIATED
WITH THE REQUEST FROM LYNN MYERS REGARDING THE SPECIAL ASSESSMENT
AGREEMENT FOR SIDEWALK, CURB AND GUTTER FRONTING AT 708 MAIN STREET)
The Mayor read the memorandum submitted to Council by E1Jay Waite concerning clarification ofthe
motion.
MOVED by Hopper, SECONDED by Callsen to accept a twelve month repayment of the principal at
75 percent of the original, remove the lien from county records during the twelve month period, and at
the end of the twelve months (if the principal is completely paid off), the interest would be forgiven
and the lien would be removed from City records."
Roll call vote. Those voting yes: unanimous
MOTION CARRIED
(SECOND READING: BILL NO. 26 [ORDINANCE NO. 28081 FOR A "ROADSIDE
MEMORIAL ORDINANCE" ENACTING A NEW CHAPTER 9, ARTICLE 19 OF THE
CALDWELL CITY CODE)
The Mayor presented the second reading of 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
second reading.
Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Sobba, Blacker, Oates. Those voting no:
none. Absent and /or not voting: none.
MOTION CARRIED
(CONSIDER BILL NO. 22 [ORDINANCE NO. 28041 FOR CASE NO. ANN - 175 -09 [SMITH
ANNEXATION] WITH A REQUEST TO WAIVE THE RULES, PASS ON THE FIRST
READING AND INCLUDE THE SUMMARY FOR PUBLICATION)
The Mayor read the ordinance by title only:
AN ORDINANCE DETERMINING THAT CERTAIN LAND LAYS CONTIGUOUS TO THE CITY
LIMITS OF THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO, AND
THAT SAID LANDS SHOULD BE ANNEXED TO THE CITY OF CALDWELL, IDAHO, AS
PART OF THE R -1 (LOW DENSITY RESIDENTIAL) ZONE; DECLARING SAID LANDS BY
PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW TO BE A PART OF THE CITY OF
CALDWELL, CANYON COUNTY, IDAHO; DIRECTING THE CITY ENGINEER AND
PLANNING AND ZONING DIRECTOR TO ADD SAID PROPERTY TO THE OFFICIAL MAPS
OF THE CITY OF CALDWELL, IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS,
ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CLERK OF
THE CITY OF CALDWELL TO FILE A CERTIFIED COPY OF THE ORDINANCE AND MAP OF
THE AREA TO BE ANNEXED WITH CANYON COUNTY, STATE OF IDAHO AND THE
IDAHO STATE TAX COMMISSION, PURSUANT TO IDAHO CODE, SECTION 63 -215.
MOVED by Hopper, SECONDED by Oates to waive the three reading process and consider Bill No.
22 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
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MOVED by Hopper, SECONDED by Callsen to sponsor Bill No. 22. 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
RESTATED MOTION: MOVED by Hopper, SECONDED by Oates to rescind the approval of the
summary for publication which was not included with the ordinance.
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:
(PUBLIC HEARING: REQUEST FOR VACATION OF PUBLIC RIGHT -OF -WAY AT 604
ARTHUR STREET TO FACILITATE CONSTRUCTION OF A NEW TREASURE VALLEY
COMMUNITY COLLEGE)
Anne Marie Skinner, 621 Cleveland Blvd., presented the staff report.
Councilman Hopper suggested that Planning & Zoning staff research any other possible right -of -way
re- alignments /vacations in conjunction with the recent completion of the Indian Creek Park/ downtown
area.
MOVED by Hopper, SECONDED by Dakan to close the public hearing
Those voting yes: unanimous.
MOTION CARRIED
(CONSIDER BILL NO. 30 [ORDINANCE NO. 28121 FOR VACATION OF PUBLIC RIGHT -OF-
WAY AT 604 ARTHUR STREET WITH A REQUEST TO WAIVE THE RULES AND PASS ON
THE FIRST READING)
The Mayor read the second reading the ordinance by title only:
AN ORDINANCE RECITING PETITION FOR VACATION OF PUBLIC RIGHT -OF -WAY AND
RECITING APPROPRIATE NOTICE WAS GIVEN; DETERMINING THAT VACATION OF SAID
PUBLIC RIGHT -OF -WAY IN THE CITY OF CALDWELL, CANYON COUNTY, IDAHO,
DESCRIBED BELOW, SHALL BE MADE; AND DETERMINING THAT VACATION OF SAID
FOLLOWING RIGHT -OF -WAY IS IN THE BEST PUBLIC INTEREST FOR THE CITY OF
CALDWELL, CANYON COUNTY, IDAHO.
MOVED by Hopper, SECONDED by Callsen to waive the three reading process and consider Bill No.
30 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 Callsen to sponsor Bill No. 30 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
Ashley Garza, student from Caldwell High School, asked about the necessity of the roll call voting
system. The Mayor and Councilman Oates explained the roll call procedure conducted by the City
Clerk.
(FINANCE AND HUMAN RESOURCE REPORTS)
Councilman Callsen reported that the Finance Committee has reviewed current accounts payable in the
amount of $1,819,278.86 for the pay period ending October 15, 2009 and a net payroll in the amount
of $318,401.73 for the pay period ending October 10, 2009.
MOVED by Callsen, SECONDED by Blacker that accounts payable in the amount of $1,819,278.86
represented by check numbers 63418 through 63711 and the total payroll in the amount of $318,401.73
presented by check numbers 18498 through 18645 and direct deposits be accepted, payments
approved, and vouchers filed in the Office of the City Clerk.
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
BOOK 50
(COUNCIL COMMENTS)
PAGE 149
Councilmen Dakan, Callsen, and Hopper all commented on the well attended election forums which
have recently been conducted.
Councilman Oates reported on the Caldwell High School Marching Band competition. He noted that
the District III Competition will be held on Saturday, October 24th, at Boise State University in the
Bronco Stadium.
(MAYOR'S COMMENTS)
The Mayor noted that he attended the Caldwell High School Homecoming ceremonies. It was a great
event with plenty of community support.
The recent groundbreaking ceremony for Hope's Plaza was well attended. He congratulated Brenda
Cameron and her committee for their many wonderful accomplishments with the Hope's Door
organization.
The Mayor reported on the CCOA Appreciation Dinner which was recently conducted for volunteer
senior citizens. Approximately 100 volunteers were in attendance.
A City Council Workshop will be held on Tuesday, October 20, 2009 for the purpose of discussing the
quad completion at Pipe Dream Park
The Mayor's Youth Advisory Council will meet on Wednesday, October 21" at the Caldwell Police
Department Community Room.
The DARE /PAL Halloween Party will be held at the Caldwell Police Department Community Room
on Saturday, October 31 st .
(EXECUTIVE SESSION PURSUANT TO IDAHO CODE, SECTION 67 -2345, SUBSECTION
1[C] FOR THE PURPOSE OF DISCUSSING LABOR NEGOTIATIONS OR TO ACQUIRE
INTEREST IN REAL PROPERTY WHICH IS NOT OWNED BY A PUBLIC AGENCY)
MOVED by Oates, SECONDED by Blacker to convene into an Executive Session at 7:48 p.m.
pursuant to provisions of Idaho Code 67 -2345, Subsection 1(c) for the purpose of discussing labor
negotiations or to acquire interest in real property which is not owned by a public agency.
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
The Mayor called a short recess. The Executive Session was called to order at 8:02 p.m
MOVED by Oates, SECONDED by Blacker to reconvene into regular session.
Those voting yes: unanimous
(ADJOURNMENT)
MOVED by Oates, SECONDED by Callsen to adjourn at 8:23 p.m
Those voting yes: unanimous.
MOTION CARRIED
APPROVED AS written THIS 2 nd DAY OF NOVEMBER
2009.
Mayor
Councilperson Councilperson
Councilperson Councilperson
Councilperson Councilperson
ATTEST:
City Clerk