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HomeMy WebLinkAbout2011-07-05city council minutes (CITY COUNCIL PUBLIC WORKSHOP FOR THE PURPOSE OF DISCUSSING THE PROPOSED AMENDMENTS TO THE TAXI CAB ORDINANCE AND THE DOOR-TO- DOOR/PEDDLER ORDINANCE AND DISCUSS A REPORT FROM MIKE DITTENBER OF THE CALDWELL HOUSING AUTHORITY CONCERNING C.H.A. ACTIVITIES) th Aaron Seable, City Attorney from 1303 12 Avenue Road, Nampa, presented the staff report concerning proposed changes to the Taxi Cab Ordinance and the Door-to-Door/Peddler Ordinance. He explained that the proposed “Peddler” Ordinance adds language which would clarify that those persons traveling door-to-door to gather information or perform surveys “with the intent that such information will or may be used for subsequent contact with the consumer concerning the sale of any goods, wares, merchandise, food or farm products or provisions, or any services,” must also be licensed under the ordinance. Secondly, it clarifies that anyone required to register as a sex offender is barred from being licensed as a Peddler in the City of Caldwell. Thirdly, it prohibits the issuance of a license to anyone who has “ever been” convicted of or pled guilty to “any violent felony offense, including, but not limited to, aggravated assault, aggravated battery, robbery, homicide, aggravated arson, kidnapping, stalking, rape or any felony of a sexual nature.” Finally, it prohibits, for a period of five years, the issuance of a “peddler’s license to anyone following a misdemeanor conviction, serving of a sentence or probation, etc., for crimes involving stalking, telephone harassment, violations or a protection order, or do not contact order, or for contributing to the delinquency of a minor. Mr. Seable also reported that since the end of last year, most of the former taxicab companies in the City of Caldwell have chosen to remove their taximeters and provide transportation to clients on a previously agreed upon rate. While City staff has no objection to the provision of fee-based transportation in a manner that does not involve the use of a taximeter, these companies have chosen to not seek licensing under the City’s taxicab ordinance. As written, the ordinance does not currently require a “non-taxicab” transportation company to obtain a license before providing commercial transportation services within the City of Caldwell. The result is that companies and drivers are providing transportation to residents of the City of Caldwell without any regulation as to the criminal background (including driving records) of the owners or drivers, the safety and condition of the vehicles being driven, etc. The same motivation which exists to provide some minimal safeguards with respect to taxicabs also exists and warrants the provision of similar safeguards with respect to other commercial transportation vehicles. It was noted that the City Attorneys from the City of Nampa and Meridian have been in contact with Mr. Seable to discuss the implementation of similar taxi cab ordinances in all three municipalities. No information was available as to the current status of Nampa & Meridian’s ordinance amendments. It was suggested that Mr. Seable contact the Nampa City Attorney to receive an update as to their estimated time frame for adoption of a revised taxi cab ordinance. It would be appropriate to coordinate the adoption of the taxi cab ordinance amendments in both cities simultaneously. The City Clerk will notice out a public hearing for both ordinances in cooperation with Mr. Seable finalizing the documents. Mike Dittenber, Caldwell Housing Authority (CHA) Director at 22730 Farmway Road, presented a handout outlining several topics including the efforts of CHA to connect their wastewater system to the City of Caldwell, efforts of the CHA to bring affordable housing to downtown Caldwell, explanation of the Caldwell Housing Corporation, and their desire to create neighborhood organizations. No decisions were made or any action taken during this workshop. The workshop was adjourned at 6:53 p.m. REGULAR MEETING July 5, 2011 7:00 P.M. The Mayor reported that a City Council Public Workshop was conducted at 6:00 p.m. for the purpose of discussing the proposed amendments to the Taxi Cab Ordinance and the Door-to-Door/Peddler Ordinance and receive a report from Mike Dittenber of the Caldwell Housing Authority. All supporting documents concerning the workshop are available in the City Clerk’s office. The Mayor asked that everyone stand for the invocation given by Pastor Rob Belles of the Caldwell Christian Church and remain standing for The Pledge of Allegiance to the Flag. The Roll of the City Council was called with the following members present: Blacker, Ozuna, Hopper, Callsen, Dakan, and Sobba. The Mayor recognized Karla Baker for her exceptional performance as an employee within the Mapping Department. A letter of recommendation from her supervisor, Dave Marston, was read by the Mayor concerning her outstanding and dedicated service to the City of Caldwell. Ms. Baker was presented with a plaque and gift certificate. ADDITIONS OR DELETIONS TO THE AGENDA MOVED by Blacker, SECONDED by Callsen to amend the agenda by removing Consent Calendar Item #5 and remove New Business Item #5 (Executive Session). 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 City Council Public Workshop and Regular Meeting held on June 20, 2011; the City Council Public Budget Workshop held on June 21, 2011; the Planning and Zoning Commission meeting held on June 14, 2011; the Pathways and Bike Routes Committee meeting held on May 17, 2011; and the Caldwell Historic Preservation Commission held on May 23, 2011; 2.Approve Order of Decision from Case No. SUB-170(E)-08 (Kearney Business Condos time extension); 3.Approve Resolution No. 88-11 granting an Easement for the City-owned building located at 308 West Chicago to Idaho Power for maintenance of facilities; 4.Approve Resolution No. 89-11 authorizing the granting up to 58 hours of paid time off for full time regular municipal employees, part time regular municipal employees, full time police department employees, and appointed officials and set an effective date of July 6, 2011; 5.Approves Resolution authorizing the execution of an Agreement with the College of Idaho concerning the reimbursement of funds associated with design work at the [REMOVED] Wolfe Field facility; 6.Approve Resolution No. 90-11 authorizing the Award of Contract to the apparent low bidder for the construction of restroom buildings at Mallard Park, Brothers Park, and Whittenberger Park; 7.Approve Resolution No. 91-11 authorizing the declaration of a City-owned vehicle as surplus property to be donated to the New Plymouth Fire Department; 8.Approve request by the Fire Marshal to authorize a raffle of a fireproof safe to assist with the Fire Prevention Office budgetary needs. MOVED by Callsen, SECONDED by Blacker to approve the Consent Calendar as amended. Roll call vote. Those voting yes: Blacker, Ozuna, Hopper, Callsen, Dakan, and Sobba. Those voting no: none. Absent and/or not voting: none. MOTION CARRIED OLD BUSINESS: None. NEW BUSINESS: (CONSIDER RESOLUTION AUTHORIZING A WAIVER OF ENGINEERING-RELATED FEES IN THE AMOUNT OF $9,720.00 FOR PERMIT NO. BC-11-733 AND $9,720.00 FOR PERMIT NO. BC-11-748 FOR MODULAR UNITS AT 1407 HOMEDALE ROAD, AT THE REQUEST OF VALLIVUE SCHOOL DISTRICT) Brent Orton, 621 Cleveland Boulevard, reported that the Vallivue High School was originally built with a proposed enrollment of 1,400 students and 90 staff. The two modular units will increase the school’s capacity to 1,595 students and 145 staff. He stated that the school district is responding to growth with the addition of the units. He noted that the fee waiver of just under $20,000 would affect th the wastewater treatment plant. Under the Consent Calendar agenda on July 5, Council approved a fee waiver in the amount $9,000 for hook-up fees for a modular unit that was added to the Sage School since the district is currently looking at another permanent facility. He stated that the fees are based on the Uniform Plumbing Code, which states that each student uses 28 gallons of water per day. When they worked to gain permits from the City of Nampa, historic data was used to calculate the fees. He requested that the City of Caldwell use historic data as well. He stated that the District Superintendent has requested the fee wavier for the next two years to allow the district to get back on track with finances and growth matters. Brent Orton stated that the Uniform Plumbing Code is based on a peaking factor. Staff would consider historic data in calculating the fee. Councilman Hopper expressed his concern about the continued waiver requests for educational projects. He noted that the fee waivers were given in the past at an economic surplus period for the City; however, now that the City is experiencing a leaner period, Council needs to be cautious in continuing this practice. Since the request is dealing with modular units and not permanent construction, Council should recall the fact that there have been issues with the placement and length of use of such units. Safety and fire issues should be reviewed. There is a significant portion of students who do not reside within Caldwell City Limits, so when a waiver is granted, part of that relief is transferred to residents outside of the City boundaries. Mr. Main reported that the modular units have been licensed by the State of Idaho and are inspected by local building and fire authorities once they are installed. Councilman Callsen suggested that staff work with the school district to realign the fees rather than voiding the fees. The Mayor stated that staff could research the calculation of the fees based on a historical data and return to Council with a report or waive the fees for a year (based upon the temporary status of the units) and then collect the fees in relation to a permanent structure. MOVED by Hopper, SECONDED by Blacker to allow the City Engineer, as authorized in the fee resolution, to look at the data and impact of this facility and thereby establishing an equitable amount that the Vallivue School District can agree with, based on the historical and peak load information that would be proposed by the City Engineer. If the school district does not agree with the amount, they can request a fee waiver, which will be decided by the City Council. MOTION CARRIED (FINANCE AND HUMAN RESOURCE REPORTS) Councilman Callsen reported that the Finance Committee has reviewed current accounts payable in the amount of $845,424.02 for the period ending June 30, 2011 and net payroll in the amount of $265,072.87 for the pay period ended June 24, 2011. MOVED by Callsen, SECONDED by Blacker that accounts payable in the amount of $845,425.02 represented by check numbers 77622 through 77870 and the total payroll in the amount of $265,072.87 represented by check numbers 21759 through 21822 and direct deposits be accepted, payments approved, and vouchers filed in the office of the City Clerk. MOTION CARRIED (COUNCIL COMMENTS) Councilman Dakan commented on the success of the recent air show at the Caldwell Industrial Airport. th Councilman Hopper commented on the success of the air show and the July 4 Celebration. Councilman Ozuna reported that she is excited about the new recycling program offered through Allied Waste. Councilman Blacker expressed his appreciation to the City staff who have helped organize the recent th City events including the July 4 Celebration and to Mayor Nancolas for his leadership. Councilman Sobba expressed his support of the new recycling program. (MAYOR’S COMMENTS) The Mayor expressed his appreciation to Rob Oates and the Airport Commission for the success of the air show. He reported that the YMCA recently hosted an event at their facility giving tribute to the foster parents within our community. The Panda Express provided all of the food for the event, noting that they soon will be opening up a business site in the City of Caldwell. th The Mayor expressed appreciation to Judge Eismann for serving as the Grand Marshal in the July 4 parade and to James Dewberry who sang the National Anthem at the City Fireworks Display. MOTION CARRIED th APPROVED AS written THIS 18 DAY OF JULY , 2011. Mayor Councilperson Councilperson Councilperson Councilperson Councilperson Councilperson ATTEST: City Clerk