HomeMy WebLinkAbout2011-10-03city council minutes
REGULAR MEETING
October 3, 2011
7:00 P.M.
The Mayor asked that everyone stand for the invocation given by Bishop Dale Peterson of the LDS 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 (via phone). Those absent: none.
CONFLICT OF INTEREST DECLARATION
None.
SPECIAL PRESENTATIONS
None.
ADDITIONS OR DELETIONS TO THE AGENDA
MOVED by Blacker, SECONDED by Ozuna to approve the Consent Calendar as presented.
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 Regular Meeting held on September 19,
2011; City Council Special Meeting held on September 26, 2011; The Caldwell Public Library
Board Meetings held on September 30, 2010, November 4, 2010, January 6, 2011, February 3,
2011, March 3, 2011, April 7, 2011, May 5, 2011, June 2, 2011, July 7, 2011, July 28, 2011, and
September 1, 2011; the Caldwell Housing Authority Meetings held on July 2010, August 3, 2010,
September 7, 2010, October 5, 2010, November 9, 2010, and December 7, 2010; and the
Caldwell Hearing Examiner Meeting held on September 13, 2011;
2. Approve Order of Decision from Case No. SUB-134(V)-05 (Clayton Place South mutual access
easements vacation);
3. Approve Order of Decision from Case No. APP-10-11 (Hallock fence appeal);
4. Approve Order of Decision from Case No. ZON-76-11 (Crispin rezone);
5. Approve Resolution No. 132-11 authorizing the recordation of Notice of Vacation of Mutual
Access Easements in Clayton Place South Subdivision;
6. Approve Resolution No. 133-11 to adopt revisions to the City’s Personnel Policy Manual with
an effective date of October 9, 2011;
7. Approve Resolution No. 134-11 authorizing the execution of an Independent Contractor
Agreement with LS Refereeing for the Caldwell Recreation Department Sports Leagues;
8. Approve Resolution No. 135-11 accepting the Award of Bid for drilling, construction and
development of Kingsview Irrigation Well 17B in the amount of $84,380 from Treasure Valley
Drilling & Pump, Inc.;
9. Approve Resolution No. 136-11 ratifying the contract to connect a 4-inch sewer service at
Whittenberger Park to Schmidt Construction for the Whittenberger Park Restroom Project;
10.Approve request from Mike Kane to extend the Caldwell Firefighters Collective Bargaining
Agreement for 45 days;
11.Approve Resolution No. 124-11(A) correcting the schedule of fees for services provided for the
Planning & Zoning Department and the Fire Department.
MOVED by Blacker, SECONDED by Callsen to approve the Consent Calendar as presented.
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.
HEARING DATE FOR MONDAY, OCTOBER 17, 2011 AT 7:00 P.M. DURING THE
REGULAR CITY COUNCIL MEETING)
The Mayor reported that the purpose of the discussion this evening is to update Council regarding the
animal control issue. Recently Canyon County made a determination to take the existing animal
shelter facility and privatize it. In so doing, it changes the financing structure of that entity and places
the responsibility back upon Caldwell residents and other Canyon County residents to fund the shelter.
It also changes the way that we will handle animal control through the Caldwell Police Department by
needing to hire personnel to enforce the new structure. Currently the County collects all of the dog
license fees; however, under the new structure the City of Caldwell will collect the fees from its
residents. The Caldwell City Attorney, Mark Hilty, has been working with the Nampa City Attorney
in formulating new ordinances for these municipalities. He noted that the ordinance will be brought
back in two weeks for a public hearing.
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Mark Hilty, City Attorney at 1303 12 Avenue Road, Nampa, presented the draft ordinance to the
Council and outlined its contents and the draft fees attachment. He suggested that Council
communicate with him before the next meeting with questions or suggestions.
Discussion was held concerning the vicious animal definition and the penalty portion of the ordinance.
Mr. Hilty explained that the vicious animal procedure is still being discussed. He noted that CPD staff
is desirous of moving away from the informal panel process concerning vicious animals (as currently
outlined in the existing ordinance) and rather rely on Idaho State Code for the definition and penalties
therewith.
In response to questions from Councilman Hopper, Mr. Hilty explained that in accordance with State
Code, it is not a violation to own a vicious dog, but failing to secure it and enclose it would be a
violation. Discussion followed of how a determination would be made concerning penalties being
either infractions or misdemeanors. It was stated that a series of license protocols would need to be
established with the adoption of the ordinance.
Councilman Callsen asked if there was a set time that the shelter will keep an animal or will that be
addressed under their guidelines?
Mr. Hilty responded that the ordinance states that the animal will be kept for a period of five working
days after actual notice has been made.
In response to questions from Councilman Blacker, Chief Allgood stated that there are approximately
11,000 dogs located in City Limits.
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Chris Allgood, Chief of Police at 110 South 5 Avenue, updated Council on the intent of implementing
the Dog Control Ordinance. The new director of the animal shelter comes with years of experience in
running such facilities. He noted that last year Canyon County hauled over 3,000 dogs from Caldwell
to the shelter. The goal is to license at least 70% of dogs within the City to preempt them being sent to
the shelter. He expressed appreciation to ElJay Waite in coming up with ideas of how to execute the
fee process. He noted that it was recommended by Canyon County officers to use the State Code as
the basis for vicious animals. Nampa currently uses the citizen board system where they hear
grievances and the public may plead their case for vicious dogs. He offered to invite a representative
from that board to explain their system at the public hearing, if Council so desires.
MOVED by Hopper, SECONDED by Blacker to conduct a public hearing on Monday, October 17,
2011 at 7:00 p.m. for the purpose of consideration of the “Animal Control” Ordinance.
MOTION CARRIED
(FINANCE AND HUMAN RESOURCE REPORTS)
Councilman Callsen reported that the Finance Committee has reviewed current accounts payable in the
amount of $586,413.78 for the period ending September 28, 2011 and net payroll in the amount of
$274,009.011 for the pay period ended September 24, 2011.
MOVED by Callsen, SECONDED by Blacker that accounts payable in the amount of $586,413.78
represented by check numbers79629 through 79936 and the total payroll in the amount of $274,009.10
represented by check numbers 22309 through 22353 and direct deposits be accepted, payments
approved, and vouchers filed in the office of the City Clerk.
MOTION CARRIED
(COUNCIL COMMENTS)
Councilman Dakan reported on the progress of the Dog Park Committee and their research of various
(MAYOR’S COMMENTS)
The Mayor reported the following events:
October 8 - 9:00 a.m. – Caldwell Housing Authority work day. Volunteers are needed to assist with
many projects at Farmway Village.
October 8 – 12:00 p.m. CCOA Chili Cook-off to be held at O’Connor Field House.
October 11 – 11:30 a.m. – The Mayor will be teaching government classes at Thomas Jefferson
School. He invited City Council Members to attend if they are available.
October 12 – The Mayor will be teaching government classes all day at Caldwell High School. He
invited City Council Members to attend if they are available.
October 13 – C.A.T.C.H. fundraiser dinner at the College of Idaho.
(WALL OF FAME – CALDWELL INDUSTRIAL AIRPORT)
The Mayor reported that several individuals have approached the Airport Commission to honor
individuals who have been instrumental in the formation and operation of the Caldwell Airport and/or
has been effective in the field of aeronautics in connection with the Caldwell Airport. It was
recommended at a recent Airport Commission Meeting that a “Wall of Fame” be created to recognize
such citizens. An application process would be established for such recommendations with final
approval given by City Council. The wall would consist of a uniform design of plaques with
information about each honoree. The criteria and process would be defined by the Mayor, City
Engineer, and the Airport Manager and brought back to Council for final review. The Airport
Commission recommends approval of this process.
MOVED by Dakan, SECONDED by Callsen to approve the creation of a “Wall of Fame” process at
the Caldwell Industrial Airport to honor individuals who are worthy of that recognition.
MOTION CARRIED
(EXECUTIVE SESSION PURSUANT TO IDAHO CODE, SECTION 67-2345, SUBSECTION 1 (F)
FOR THE PURPOSE OF DISCUSSING PENDING LITIGATION)
convene
MOVED by Hopper, SECONDED by Blacker to into Executive Session pursuant to Idaho
Code, Section 67-2345, Subsection 1 (f) to discuss pending litigation at 8:09 p.m.
Roll call vote: Those voting yes: Hopper, Callsen, Dakan, Blacker, Ozuna, and Sobba. Those voting
no: none. Absent and/or not voting: none.
MOTION CARRIED
convene
MOVED by Hopper, SECONDED by Blacker to re into the Regular City Council Session.
MOTION CARRIED
(ADJOURNMENT)
MOVED by Callsen, SECONDED by Dakan to adjourn at 8:21 p.m.
MOTION CARRIED
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APPROVED AS written THIS 17 DAY OF October , 2011.
Mayor
Councilperson Councilperson
Councilperson Councilperson
Councilperson Councilperson