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HomeMy WebLinkAbout2008-12-15city council minutesBOOK 49 REGULAR MEETING DECEMBER 15, 2008 7:00 P.M. PAGE 201 The Mayor asked everyone to 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. SPECIAL PRESENTATIONS Councilman Hopper invited the Caldwell High School Chamber Orchestra to play holiday music and asked that they introduce themselves. The Mayor recognized Bob Black as the Employee of the Month and presented him with a plaque and gift certificate. The Mayor read the letter that Doug Brown prepared nominating Bob Black for volunteering and taking up the challenge of the school fire prevention program. He was commended for a job well done. ADDITIONS OR DELETIONS TO THE AGENDA MOVED by Blacker, SECONDED by Oates to amend the agenda by removing Item No. 1 under New Business, noting that the applicant has withdrawn the application, continue Item No. 2 under New Business to the City Council Meeting to be held on January 20, 2009, and amend Item No. 6 under New Business to read, "Executive Session pursuant to Idaho Code, Section 67 -2345, Subsections (c) and (f) for the purpose of discussing property acquisition and pending litigation." Those voting yes: unanimous. 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 Regular City Council Meeting held on December 1, 2008; the Special City Council Meeting held on December 9, 2008; the Caldwell Planning and Zoning Commission Meetings held on September 9, 2008 and November 11, 2008; the Caldwell Hearing Examiner Meetings held on October 28, 2008 and November 25, 2008; and the Caldwell Senior Citizen Center Board Meetings held on January 14, 2008, February 12, 2008, March 10, 2008, April 14, 2008, May 14, 2008, June 9, 2008, July 14, 2008, August 11, 2008, September 8, 2008, October 13, 2008, and November 10, 2008; 2. Approve Order of Decision and Development Agreement for Case No. ZON -63 -08 (Needham rezone); 3. Approve Order of Decision and Development Agreement for Case No. ANN- 173 -08 /SUB- 194P -08 (Oasis annexation/preliminary plat); 4. Approve Resolution No. 196 -08 authorizing the acceptance of the assessment roll for Local Improvement District (LLD.) 07 -01 and set the public hearing date for January 19, 2009 at the Regular City Council Meeting; 5. Approve Resolution No. 197 -08 accepting a Warranty Deed from Caldwell School District No. 132 for right -of -way at Alder and Washington Street; 6. Approve Resolution No. 198 -08 accepting a Quitclaim Deed from The Protestant Episcopal Church for right -of -way at Arlington Avenue and Pine Street; 7. Approve Resolution No. 199 -08 accepting an easement from Caldwell School District No. 132 to provide water service to Washington School; 8. Approve Resolution No. 200 -08 accepting an easement from Copper Creek Development, LLC for a domestic water line to Copper Creek Subdivision No. 2; 9. Approve Resolution No. 201 -08 accepting dedication of a water main from Tom Floyd for the Ustick at I -84 Water Line Extension Project to the Tom Floyd Property; 10. Approve Resolution No. 202 -08 authorizing the execution of the Annual Road and Street Financial Report with the Idaho State Controller (Highway Users Department) for the fiscal year ended September 30, 2008; 11. Approve Resolution No. 203 -08 authorizing the execution of acceptance of the Idaho Transportation Department, Division of Aeronautics Grant in the amount of $18,546 for Project No. 3 -16- 0045 -018 at the Caldwell Industrial Airport; 12. Approve Resolution No. 204 -08 authorizing the execution of Supplemental Agreement No. 3 with Toothman-Orton for design of the biking - walking trail; 13. Approve Resolution No. 205 -08 authorizing the execution of a Professional Services Agreement with Idaho Transportation Department and JUB Engineers for construction and engineering services regarding the 21 Avenue Widening Project; 14. Approve Resolution No. 206 -08 authorizing the acceptance of the Addendum for Review of FEMA Analysis of Indian Creek with CH2M Hill; BOOK 49 PAGE 202 15. Approve Resolution No. 207 -08 authorizing the execution of the Reimbursement Agreement from the City of Nampa for shared expenses of the FEMA Analysis of Indian Creek with C112M Hill; 16. Approve Resolution No. 208 -08 accepting the apparent low bid from Metroquip for the purchase of a 2008 hydrostatically driven 4 -wheel drive chip spreader in the amount of $219,700; 17. Approve Resolution No. 209 -08 authorizing the acceptance of the Appointed Official's Leave Benefits; 18. Approve the execution of an Agreement with the Vallivue School District No. 139 for the School Resource Officer Program effective October 1, 2008 through September 30, 2009; 19. Approve the execution of an Agreement with the Caldwell School District No. 132 for the School Resource Officer Program effective October 1, 2008 through September 30, 2009; 20. Approve request for a taxi cab license renewal from Dalenda Hoagland of Kool Kab; 21. Approve request for a taxi cab license renewals from Mark Boisvert, Janet Riecker, Charles Marzolt, and Robert Waltman of Canyon County Cab; 22. Approve the appointment of representatives from the City of Caldwell on COMPASS Other Standing Committees: Demographic Advisory Committee — Brian Billingsley; Regional Geographic Advisory Committee — Dave Marston; Regional Technical Advisory Committee — Brent Orton. MOVED by Oates, SECONDED by Blacker to accept the Consent Calendar as presented. Those voting yes: unanimous. MOTION CARRIED OLD BUSINESS: (CONSIDER BILL NO. 56 [ORDINANCE 27761 FOR CASE NO. OA- 109 -08 [PLANNING AND ZONING COMMISSION] 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 2, ARTICLE 15 CONCERNING PLANNING AND ZONING 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 56 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. 56, 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 (CONSIDER BILL NO. 47 [ORDINANCE 27671 FOR CASE NO. ZON -63 -08 [NEEDHAM REZONE] 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 DETERMINING THAT CERTAIN LAND LAYS WITHIN THE CITY LIMITS OF THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO, AND THAT SAID LANDS SHOULD BE REZONED TO THE C-3 (SERVICE COMMERCIAL) ZONE; DETERMINING THAT SAID CHANGE IN ZONING IS IN THE BEST INTEREST OF THE CITY OF CALDWELL, CANYON COUNTY, IDAHO; DIRECTING THE CITY ENGINEER AND PLANNING AND ZONING DIRECTOR TO AMEND SAID PROPERTY ON THE OFFICIAL MAPS OF THE CITY OF CALDWELL, IDAHO; AND REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH. MOVED by Hopper, SECONDED by Blacker to waive the three reading process and consider Bill No. 47 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. 47, move for its passage, and approve the summary for publication. BOOK 49 PAGE 203 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 (CONSIDER BILL NO. 37 [ORDINANCE 27571 FOR CASE NO. ANN - 173 -08 (OASIS ANNEXATION) 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 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 C -3 (SERVICE COMMERCIAL) 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 Blacker to waive the three reading process and consider Bill No. 37 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. 37, 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 [QUASI - JUDICIAL]: CASE NO. ANN - 174 -08 A REQUEST BY VISION CHARTER SCHOOL FOR ANNEXATION OF 8.35 ACRES WITH AN R -1 [LOW DENSITY RESIDENTIAL] ZONING DESIGNATION AND A DEVELOPMENT AGREEMENT. THE SITE IS LOCATED ON THE WEST SIDE OF KCID ROAD APPROXIMATELY 130 FEET NORTH OF LASHER LANE) By previous motion, this item was withdrawn. (PUBLIC HEARING [LEGISLATIVE]: CASE NO. OA- 108 -08 A REQUEST BY CALDWELL'S PLANNING AND ZONING DEPARTMENT FOR AN ORDINANCE AMENDMENT TO SECTION 10 -12 REGARDING CITY CENTER ZONING DISTRICT) By previous motion, this item was continued to the City Council Meeting to be held on January 20, 2009. (FINANCE AND HUMAN RESOURCE REPORTS) Councilman Callsen reported that the Finance Committee has reviewed current accounts payable in the amount of $1,259,847.75 for the pay period ending December 10, 2008 and a net payroll in the amount of $276,401.53 for the pay period ending December 6, 2008. MOVED by Callsen, SECONDED by Blacker that accounts payable in the amount of $1,259,847.75 represented by check numbers 57100 through 57401 and the total payroll in the amount of $276,401.53 presented by check numbers 16694 through 16789 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 attended the Sage Board Meeting held on December 11'. All things are running smoothly. Sage will be administering the cutbacks within the senior programs. The Chamber of Commerce did a wonderful job in organizing the Night Light Parade. Councilman Callsen mentioned that when signing vouchers this past week, he noted the significant difference in the vehicle fuel bill. BOOK 49 PAGE 204 Councilman Hopper and Councilman Oates commented on the Christmas lights and celebrations They have received positive feedback from the community. Councilman Oates commented about the PA system and the need for an upgrade. He requested a bid for new sound system from American Music and presented the bid to the Mayor. He noted that the system can be expanded, as needed. MOVED by Oates, SECONDED by Hopper to purchase a sound system in accordance with the American Music bid. Those voting yes: unanimous. MOTION CARRIED Councilman Blacker complimented the organizers of the recent events within the downtown. The depot was open on Saturday, December 6"' with approximately 500 people visiting the facility that day. The Friends of the Depot have met and determined that the depot and interpretive center will be open on the first Saturday of every month for visitors. It will be hosted by volunteers from the Friends of the Depot. They will also be targeting local schools with a prepared presentation for those students visiting the depot during field trips. Councilman Sobba reported that the College of Idaho women's basketball team received national recognition for their athletic performance. Councilman Hopper had to leave. (MAYOR'S COMMENTS) The Mayor reported that the Mayor's Youth Advisory Council is planning a Valentine's Day dinner on Friday, February 13"' as a fund raiser event. The tickets are $25 per couple and will be held at the Caldwell Center for the Arts. The MYAC had an attractive float in the Night Light Parade and have recently been volunteering with the Salvation Army regarding Christmas projects. They are writing a position paper concerning the national debt dilemma and will be presenting that information at the Congressional City Conference in March 2009 to be held in Washington, D.C. He reported that the ICRMP Board of Directors board meeting was recently held. The efforts that ICRMP staff has made in conducting statewide training seminars have been beneficial. They have created sample document templates and manuals for municipalities, which have greatly assisted city leadership. EXECUTIVE SESSION PURSUANT TO IDAHO CODE, SECTION 67 -2345, SUBSECTION (C) AND (F) FOR THE PURPOSE OF DISCUSSING PROPERTY ACQUISITION AND PENDING LITIGATION. MOVED by Oates, SECONDED by Blacker to go into an Executive Session pursuant to Idaho Code, Section 67 -2345, Subsection (c) and (f) for the purpose of discussing property acquisition and pending litigation at 7:39 p.m. Roll call vote. Those voting yes: Oates, Callsen, Dakan, Sobba, and Blacker. Those voting no: none. Absent and/or not voting: Hopper. MOTION CARRIED Councilman Hopper returned to the meeting at 8:10 p.m. MOVED by Hopper, SECONDED by Oates to reconvene into the Regular City Council Meeting. Those voting yes: unanimous. (ADJOURNMENT) MOVED by Oates, SECONDED by Hopper to adjourn at 9:17 p.m. MOTION CARRIED Those voting yes: unanimous. MOTION CARRIED BOOK 49 PAGE 205 APPROVED AS written THIS 5th DAY OF JANUARY 2009. Mayor Councilperson Councilperson Councilperson Councilperson Councilperson Councilperson ATTEST: City Clerk