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Home My WebLink About2009-11-02city council minutesBOOK 50 REGULAR MEETING NOVEMBER 2, 2009 7:00 P.M. PAGE 152 The Mayor reported that a public workshop was conducted at 6:30 p.m. for the purpose of discussing the water services security deposit policy. No decisions were made or action taken at the workshop. The Mayor asked that everyone stand 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. Those absent: none. SPECIAL PRESENTATIONS None. ADDITIONS OR DELETIONS TO THE AGENDA None. AUDIENCE PARTICIPATION The Mayor acknowledged Mr. Ron Fortner, American Government teacher at Caldwell High School. Mr. Fortner asked the students in attendance to stand and introduce themselves. 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 October 19, 2009 and October 20, 2009; the Regular City Council Meeting held on October 19, 2009, and the Employee Benefit Plan Trustee Meeting held on October 26, 2009; 2. Approve Order of Decision for Case Number SUB- 20OF -09 (Kimball Office Park Condos); 3. Approve Resolution No. 156 -09 accepting the dedication of sewer, water, storm drain, and street light improvements from Intermountain Community Bank for Marble Heights Subdivision; 4. Approve Resolution No. 157 -09 granting an Easement to Pioneer Irrigation for a box culvert at the Canyon Hill Lateral giving access for the taxiway apron at the Caldwell Industrial Airport; 5. Approve Resolution No. 158 -09 authorizing the execution of a contract for construction of a restroom/concession building at the Pipe Dream Park quad area not to exceed $110,000; 6. Approve Resolution No. 159 -09 authorizing the execution of the extended Independent Contractor Agreement with Chris Yamamoto for the position of Lead Project Manager for the Catalyst Project; 7. Approve Resolution No. 160 -09 authorizing the execution of an Agreement with Vallivue School District No. 139 regarding The School Resource Officer Program; 8. Approve Resolution No. 161 -09 authorizing the execution of an Agreement with Caldwell School District No. 132 regarding The School Resource Officer Program; 9. Approve Resolution No. 162 -09 accepting the request for proposal and authorize the execution of a contract with Homeland Fireworks, Inc., for the July 4, 2010 fireworks display; 10. Approve Resolution No, 163 -09 adopting the Schedule of Fees for Fire Department services provided and regulatory charges as specified by City Code for FY -2010; 11. Approve Resolution No. 164 -09 authorizing the VISTA volunteer position for FY -2010; 12. Approve request authorizing the approval of $5,000 FY -2010 Fund Balance for the purpose of expenditures for Winter Wonderland; 13. Approve request for the destruction of records from the Caldwell Police Department. MOVED by Oates, SECONDED by Blacker to approve the Consent Calendar as presented. 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: (CONSIDER BILL NO. 26 [ORDINANCE NO. 28081 FOR A "ROADSIDE MEMORIAL ORDINANCE" ENACTING A NEW CHAPTER 9, ARTICLE 19 OF THE CALDWELL CITY CODE WITH A REQUEST TO PASS ON ITS THIRD AND FINAL READING AND APPROVE THE SUMMARY FOR PUBLICATION) The Mayor presented the third 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. BOOK 50 PAGE 153 MOVED by Hopper, SECONDED by Callsen to consider Bill No. 26 on its third and final reading by title only, sponsor the ordinance, 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 (PUBLIC HEARING [LEGISLATIVE]: CASE NUMBER OA- 114 -09 A REQUEST BY CALDWELL'S PLANNING AND ZONING DEPARTMENT FOR AN ORDINANCE AMENDMENT TO CHAPTER 10, ZONING ORDINANCE; SECTION 05 -05 -01 THROUGH SECTION 05- 05 -15, CONCERNING BENCHES; AND SECTION 08- 01 -09, CONCERNING POSTING ON FENCES, OF THE CALDWELL CITY CODE) Anne Marie Skinner, 621 Cleveland Blvd., presented the staff report and outlined the ordinance's content. She noted that there was a workshop held for the public and a public hearing before the Planning & Zoning Commissions concerning the issue. The ordinance was sent out by direct mail to all daycare providers that have a permit within the City of Caldwell and was e- mailed to over 200 developers, engineers, real estate agents, and business /property owners. Deborah, Spies, 1608 Arthur, signed up to speak in support of the request but was not present when called upon. Diane Aires, 1077 South Garden Place, Boise, asked about how this ordinance would affect a building she is interested in on Arthur Street. Ms. Skinner noted that she had previously spoken with Ms. Aires. She stated that the proposed ordinance addresses the definition concerning pet grooming and care of small pets within particular commercial zones, which was applicable to Ms. Aires' conversation. MOVED by Hopper, SECONDED by Callsen to close the public hearing Those voting yes: unanimous. MOTION PASSED. (CONSIDER BILL NO. 23 [ORDINANCE NO. 28051 FOR CASE NO. OA- 114 -09 [ZONING ORDINANCE] 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 AMENDING CHAPTER 10 OF THE CALDWELL CITY CODE WHICH IS THE ZONING ORDINANCE; AMENDING SECTION 08 -01 -09 OF CALDWELL CITY CODE CONCERNING FENCE POSTING; DELETING SECTION 05 -05 -01 THROUGH SECTION 05 -05- 15 OF CALDWELL CITY CODE CONCERNING BENCHES; AMENDING SECTION 02 -17 -03 OF CALDWELL CITY CODE CONCERNING 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 Dakan to waive the three reading process and consider Bill No. 23 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 Dakan to sponsor Bill No. 23 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: (PUBLIC HEARING [LEGISLATIVE]: CASE NUMBER OA- 120 -09 A REQUEST BY THE PLANNING AND ZONING DEPARTMENT AND THE ENGINEERING DEPARTMENT TO AMEND CHAPTER 11 OF CALDWELL CITY CODE WHICH IS THE SUBDIVISION ORDINANCE) Anne Marie Skinner, 621 Cleveland Blvd., presented the staff report and outlined the proposed teat amendments. She noted that mailings went out to developers and engineers with no comments being received. MOVED by Hopper, SECONDED by Blacker to close the public hearing. BOOK 50 PAGE 154 MOTION CARRIED (CONSIDER BILL NO. 29 [ORDINANCE NO. 28111 FOR CASE NO. OA- 120 -09 (SUBDIVISION ORDINANCE) 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 11 CONCERNING THE SUBDIVISION ORDINANCE; 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. 29 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. 29 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 (FINANCE AND HUMAN RESOURCE REPORTS) Councilman Callsen reported that the Finance Committee has reviewed current accounts payable in the amount of $1,525,797.07 for the pay period ending October 28, 2009 and a net payroll in the amount of $281,136.17 for the pay period ending October 24, 2009. MOVED by Callsen, SECONDED by Blacker that accounts payable in the amount of $1,525,797.07 represented by check numbers 63712 through 64359 and the total payroll in the amount of $281,136.17 presented by check numbers 18646 through 18709 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 Dakan reported that he recently attended the senior health fair at O'Connor Event Center, which was very well attended. He thanked the citizens of the community for their support throughout the election process. He encouraged everyone to vote on November 3` Councilmen Callsen and Hopper also thanked the community for their support during the election process and encouraged those in attendance to vote. Councilman Oates emphasized to the students to become involved within the community and continue their attendance at public meetings to become informed citizens. Councilman Blacker reported that the new chairman of the CEDC Committee is Kathy Moore of West Valley Medical Center. He expressed appreciation to Ms. Moore and her support of CEDC by providing funding to cover rental costs brought about by the recent chain of events with Gunstream Development. He stated his appreciation for the fair and honest campaigns which the incumbents have maintained during this election process. (MAYOR'S COMMENTS) He reported that he recently taught American Government classes at Vallivue High School and will be scheduling the same at Caldwell High School in the near future. On October 30 he was invited to speak at the Disabled American Veterans Convention held in Boise. He expressed appreciation to the many disabled veterans who have shown their loyalty and patriotism in the past by defending the United States in the military service. Approximately 1,700 persons attended the Dare/Pal Halloween Party on October 31 He expressed his appreciation to Council for their financial support of this function. He noted that Election Day is November 3, 2009 and persons can register and vote at their polling places. He reported that the Mayor's Youth Advisory Council meets on the 1 st and 3` Wednesdays of each month at 6:00 p.m. in the Caldwell Police Department Community Room. BOOK 50 PAGE 155 Sacajawea School will be honored on November 3` for their outstanding improvements made in academic achievement. (EXECUTIVE SESSION PURSUANT TO IDAHO CODE, SECTION 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 7:50 p.m. pursuant to provisions of Idaho 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 Callsen to reconvene into regular session. Those voting yes: unanimous. MOTION CARRIED (ADJOURNMENT) MOVED by Oates, SECONDED by Callsen to adjourn at 9:45 p.m. Those voting yes: unanimous. MOTION CARRIED APPROVED AS written THIS 16` DAY OF NOVEMBER 2009. Mayor Councilperson Councilperson Councilperson Councilperson Councilperson Councilperson ATTEST: City Clerk