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Home My WebLink About2009-11-16city council minutesBOOK 50 REGULAR MEETING NOVEMBER 16, 2009 7:00 P.M. PAGE 158 The Mayor reported that a public workshop was conducted at 6:00 p.m. for the purpose of discussing the special events permitting process. No decisions were made or action taken at the workshop. The Mayor asked that everyone stand for the invocation offered by Pastor Roger Haskins of Deer Flat Free Methodist 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. Those absent: none. SPECIAL PRESENTATIONS None. ADDITIONS OR DELETIONS TO THE AGENDA MOVED by Oates, SECONDED by Blacker to amend the agenda by adding an Executive Session pursuant to Idaho Code, Section 67 -2345, Subsection 1(f) for the purpose of discussing pending litigation and Subsection 1(c) for the purpose of discussing labor negotiations, noting that Subsection 1(c) allows for discussion of both land acquisition and labor negotiations. 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 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 Meetings held on October 28, 2009, November 2, 2009 and November 4, 2009; the Regular City Council Meeting held on November 2, 2009, the Caldwell Public Library Board Meeting held on July 2, 2009, the Caldwell Historic Preservation Commission Meeting held on September 28, 2009; the Caldwell Planning and Zoning Commission Meeting held on October 13, 2009; and the Mayor's Youth Advisory Council Meeting held on October 21, 2009; 2. Approve Resolution No. 165 -09 granting a Warranty Deed to CP -1 for the purpose of additional ground associated with the new Treasure Valley Community College located in downtown Caldwell; 3. Approve Resolution No. 166 -09 accepting the dedication of sewer and water improvements from Carrington Company, Inc., for Carrington Center No. 2; 4. Approve Resolution No. 167 -09 to accept the updated Section 504 Transition Plan for the City of Caldwell; 5. Approve Resolution No. 168 -09 authorizing the policy regarding non - discrimination on the basis of disability for the City of Caldwell; 6. Approve Resolution No. 169 -09 authorizing the policy regarding grievance procedure on the basis of disability for the City of Caldwell; 7. Approve Resolution No. 170 -09 authorizing the policy regarding fair housing for the City of Caldwell; 8. Approve request for the destruction of records from the Caldwell Police Department. MOVED by Oates, SECONDED by Blacker to approve the Consent Calendar as printed. 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: None. NEW BUSINESS: (PUBLIC HEARING [QUASI - JUDICIAL]: CASE NUMBER ZON -66 -09 A REQUEST BY DARREL DEIDE AND DAVID WOOD FOR A COMPREHENSIVE PLAN MAP CHANGE FROM LIGHT INDUSTRIAL TO COMMERCIAL AND A REZONE FROM M -1 LIGHT INDUSTRIAL TO C -3 SERVICE COMMERCIAL OF ONE PARCEL CONSISTING OF 5.32 ACRES AT THE NORTHWEST CORNER OF CHICAGO AND 21 AVENUE AND A SECOND PARCEL CONSISTING OF 3.01 ACRES ON THE EAST SIDE OF CHICAGO BOOK 50 PAGE 159 STREET APPROXIMATELY 145 FEET SOUTH OF THE INTERSECTION OF CHICAGO AND 21 AVENUE) 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 noted that both parcels have existing structures and businesses, all of which are commercial in use. In response to questions from Councilman Hopper, Ms. Skinner noted that portions of the surrounding area are already zoned M -1 and C -3 which are compatible with the request. David Wood, 316 North 21" Avenue, acknowledged being sworn in and spoke in favor ofthe request. MOVED by Oates, SECONDED by Blacker to close the public testimony portion of the hearing. Those voting yes: unanimous. MOTION CARRIED EVIDENCE LIST FOR CASE NO. ZON- 66 -09: The Mayor presented the Evidence List: staff report, sign -up sheets, and CC- 1000 (aerial map of ZON- 66-09 presented by Anne Marie Skinner.) MOVED by Hopper, SECONDED by Blacker to accept the Evidence List as presented. Those voting yes: unanimous. MOTION CARRIED fi[!] 1 I» X101 �1►69 ►� Dl � �k \►! \►!\ rlY.9 6Y!]►[fi��.9 Dl►[!�i[!]►S1eS1I: 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. MOTION CARRIED FINDINGS OF FACT ON CASE NO. ZON- 66 -09: 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 objection to the request. Those voting yes: unanimous. MOTION CARRIED CONCLUSIONS OF LAW ON CASE NO. ZON- 66 -09: MOVED by Oates, SECONDED by Blacker 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. MOTION CARRIED ORDER OF DECISION ON CASE NO. ZON -66 -09 MOVED by Hopper, SECONDED by Oates, based on the Findings of Fact and Conclusions of Law, the Caldwell City Council hereby orders that Case No. ZON- 66 -09, a request by Darrel Deide and David Wood for a comprehensive plan map change from Light Industrial to Commercial and a rezone from M -1 Light Industrial to C -3 Service Commercial of one parcel consisting of 5.32 acres at the northwest corner of Chicago and 21 Avenue and a second parcel consisting of 3.01 acres on the east side of Chicago Street approximately 145 feet south of the intersection of Chicago and 21 Avenue is approved with the conditions as outlined in the staff report. 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 Oates, 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 $1,078,252.00 for the pay period ending November 11, 2009 and a net payroll in the amount of $263,765.78 for the pay period ending November 7, 2009. BOOK 50 PAGE 160 MOVED by Callsen, SECONDED by Blacker that accounts payable in the amount of $1,078,252.00 represented by check numbers 64360 through 64705 and the total payroll in the amount of $263,765.78 presented by check numbers 18710 through 18758 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 on the recent basketball game held at the College of Idaho against Northwest Nazarene University. Councilman Hopper commented on the outstanding performance of The College of Idaho Girl's Volleyball Team, which is headed to Nationals. Councilman Blacker expressed his desire for a cooperative spirit between the City of Caldwell Chamber Board and the City of Caldwell. He asked that the Mayor nurture this relationship. He reminded Council members that they would be voting on the position of Council President and Vice - President in January 2010. Councilman Sobba reported that the Senior Center will be holding their Senior Center Auction on December 9 h . (MAYOR'S COMMENTS) Winter Wonderland will be held on November 20"' from 5:00 — 8:00 p.m. in downtown Caldwell. Many of the downtown businesses have agreed to light/decorate their buildings for the Christmas season. King and Queen of the Winter Wonderland will be crowned that evening as well as many other activities will be happening at the Caldwell Train Depot and along 7 Avenue leading to Indian Creek. The tree lighting ceremony begins at 7:00 p.m. The Chamber of Commerce Night Light Parade will be held on December 5"'. A joint workshop with the Appointed Officials and City Council members will be held on November 23` at 7:00 p.m. to review the many items discussed at the recent National League of Cities Conference. Much of the information will assist in formulating the FY- 2010 -11 budget. (EXECUTIVE SESSION PURSUANT TO IDAHO CODE, SECTION 67 -2345, SUBSECTION 1[C] FOR THE PURPOSE OF DISCUSSING PROPERTY ACQUISITION AND LABOR NEGOTIATIONS AND SUBSECTION 1(F) FOR THE PURPOSE OF DISCUSSING PENDING LITIGATION) MOVED by Oates, SECONDED by Blacker to convene into an Executive Session at 7:19 p.m. pursuant to provisions of Idaho Code 67 -2345, Subsection 1(c) for the purpose of discussing property acquisition and labor negotiations and 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. (ADJOURNMENT) MOVED by Oates, SECONDED by Callsen to adjourn at 8:41 p.m. Those voting yes: unanimous. MOTION CARRIED MOTION CARRIED BOOK 50 PAGE 161 APPROVED AS written THIS 7th DAY OF DECEMBER 2009. Mayor Councilperson Councilperson Councilperson Councilperson Councilperson Councilperson ATTEST: City Clerk