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HomeMy WebLinkAbout2011-10-17city council minutes PAGE 129 BOOK 52 SPECIAL MEETING October 17, 2011 6:00 p.m. (CITY COUNCIL PUBLIC WORKSHOP FOR THE PURPOSE OF A PRESENTATION BY THE MCKINSTRY COMPANY REGARDING THE PROPOSED WASTE-TO-ENERGY PLANT IN NAMPA AND HOW IT RELATES TO THE CITY OF CALDWELL PARTICIPATING IN THE FUEL SUPPLY [TRASH] FOR THE PROJECT) Council President Blacker called the meeting to order at 6:03 p.m. Present: Mayor Nancolas, Blacker, Ozuna, Hopper, Callsen, Dakan, and Sobba. David Naccarato, Business Development Manager of McKinstry Company, presented information about a proposed future waste-to-energy plant in Nampa and how it could also assist the City of Caldwell. He reported that due to the estimated rates from Idaho Power and needed trash volume, other cities are being invited to participate. Dennis Davis, City of Nampa Building Official, stated that the process does not involve an incinerator. An energy source is gained through this process and a reduced cost of hauling garbage to Pickle Butte Land Fill. The amount of trash from the cities of Nampa and Caldwell would be approximately one-half of the volume needed to operate the plant, thus, additional cities are being contacted. Funding is provided out of the private investment pool. Allied Waste would still be used to haul the garbage to the waste-to-energy plant and transfer non-recyclable materials to the landfill. No decisions were made or any action taken during this workshop. The workshop was adjourned at 6:30 p.m. REGULAR MEETING October 17, 2011 7:00 P.M. The Mayor called the meeting to order and reported that a City Council Public Workshop was conducted at 6:00 p.m. for the purpose of a presentation by the McKinstry Company regarding the proposed waste-to- energy plant in Nampa and how it relates to the City of Caldwell participating in the fuel supply (trash) for the project. No decisions were made or any action taken during this workshop. The Mayor asked that everyone stand for the invocation lead by Bob Christensen 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. Those absent: none. CONFLICT OF INTEREST DECLARATION None. SPECIAL PRESENTATIONS Jim Blacker, City Council President and liaison to the Friends of the Caldwell Depot Committee (FOD), announced that the intent of the Friends of the Depot was to present a plaque and gifts to Rudiger and Barbara Lotz for their involvement with the Friends of the Caldwell Depot and for Rudi’s leadership as past president from 2008-2011. He noted that even though Mr. & Mrs. Lotz were unable to attend tonight’s meeting, the FOD wanted to publicly express appreciation to Mr. & Mrs Lotz for the contributions they have made to the Caldwell Train Depot and the community with their involvement and leadership. The Mayor read and signed the proclamation regarding the City of Caldwell being awarded the “100 Best Communities for Young People in 2011”: Whereas, the collaborative efforts of community leaders, parents, teachers, mentors, volunteers and students have made Caldwell an outstanding place for young people to live, learn and thrive; Whereas, community leaders have actively sought to resolve the dropout crisis with innovative initiatives for youth in the areas of mentoring, academic support, healthy development, safe activities, and volunteer opportunities; Whereas, young people in Caldwell have worked hard to achieve academic and personal excellence; THEREFORE, BE IT RESOLVED that I, Garret Nancolas, Mayor, do here proclaim, in collaboration with America’s Promise Alliance and ING, that Caldwell be celebrated as one of the nation’s 100 Best Communities for Young People for 2011. PAGE 130 BOOK 52 He reported that a grant accompanies this recognition. The funds from the grant will be allocated for helping to support the Mayor’s Youth Advisory Council; the P-16 Program (noting that the program is based on a partnership between the Caldwell School District, the YMCA, United Way, the Katherine J. Albertson Foundation, and the City of Caldwell); and a small portion towards helping fund the celebration to be held next spring in conjunction with the Day of the Child event. The Mayor recognized Ms. Jackson and Ms. Adams, American Government Teachers from the Caldwell High School. The students in attendance stood and introduced themselves. ADDITIONS OR DELETIONS TO THE AGENDA MOVED by Blacker, SECONDED by Ozuna to approve the agenda as presented. MOTION CARRIED AUDIENCE PARTICIPATION Denise Vertie, 1207 Savannah Street, reported that a piece of equipment was stolen from her veterinary practice in February 2011. She commented that Caldwell police officers responded promptly and recovered the stolen equipment from the home of one of her customers. When it came time for the veterinary bill to be paid by the same customer, a NSF check was issued. Ms. Birdie reported that she took legal action against the client due to both of these incidents. She completed forms for the City Prosecuting Attorney and reported to court as stated in the court summons. Ms. Vertie expressed her frustration with the prosecuting attorney’s office for having the case dismissed and not making her aware of such action. Ms. Birdie reported that the perpetrator has a long history of illegal charges. The Mayor asked that Mark Hilty, City Attorney follow up regarding this complaint and respond to Ms. Vertie personally concerning the issue. 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 October 3, 2011; Mayor’s Youth Advisory Council Meeting held on September 21, 2011; Caldwell Industrial Airport Commission Meeting held on October 6, 2011; and the Caldwell Historic Preservation Commission Meeting held on August 22, 2011; 2.Approve the appointment of Theresa Hardin and Karla Baker as regular members of the Caldwell Doggie Park Master Plan Committee with term expiration dates of December 31, 2012; 3.Approve the appointment of Eric Randall to the Audit Committee with the term expiration date of December 31, 2014; 4.Approve Resolution No. 137-11 authorizing the execution of the Caldwell Rural Fire Department 2011-12 Addendum (Contract Services Fee) to the Third Amended and Restated Firefighting and Life Preservation Services Agreement (Joint Exercise of Power Agreement); 5.Approve Resolution No. 138-11 identifying project priorities for the Transportation Improvement Program consideration; 6.Approve Resolution No. 139-11 accepting a Easement between the City of Caldwell and Caldwell School Development, LLC for the purpose of constructing, operating, and maintaining a pedestrian pathway at Heritage Community Charter School; 7.Approve Resolution No. 140-11 accepting the Warranty Deed from Jerry R. and Terri L. Timmons for property located at 119 S. Kimball Avenue; 8.Approve Resolution No. authorizing the execution of the Temporary License Agreement with th D. L. Evans Bank regarding property located at 10 Avenue and Blaine Street; 9.Approve Resolution No. 141-11 authorizing the execution of the Corrected Warranty Deed with Tyler E. Clark. 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: (PUBLIC HEARING [LEGISLATIVE]: CONSIDER AMENDMENTS TO THE ANIMAL CONTROL ORDINANCE [CHAPTER 8, ARTICLE 3 OF THE CALDWELL CITY CODE]) th Mark Hilty, 1303 12 Avenue Road, Nampa, presented the draft ordinance and outlined the proposed text amendments. He noted that the City of Caldwell must begin operation of its own dog license and animal control program after Canyon County recently dropped its dog license program and turned the animal shelter operation over to a non-profit organization. Mr. Hilty noted the areas where changes have been made to the pre-existing ordinance: 1) Purpose and Authority Section; 2) Definition Section; and 3) Canine Licensing procedure and the process followed for failure to purchase and PAGE 131 BOOK 52 maintain required license; and 4) Vicious Animal Section. Discussion followed concerning the contents of the ordinance in respect to the Idaho State Law and the use of infractions versus misdemeanors to enforce portions of the ordinance. Councilman Hopper voiced his concern with the possibility that an owner with three canines, which are not licensed, could have the potential of being cited for three misdemeanor violations. The Mayor clarified that the intent of the ordinance, as it pertains to the licensing portion, is to create a mechanism where dog owners pay for the cost associated with licensing dogs, picking dogs up, animal control costs, and the shelter cost if necessary. Therefore, through the licensing of the animals everyone pays for their fair share of those costs. From that perspective, an escalating infraction seems to be a reasonable way to handle this situation. He shared his concern with imposing a misdemeanor in relation to the non-licensing of a dog. The “user fee” simply helps to offset the cost of animal control within the City Limits. Dog licensing will assist police officers to return the animal back to its rightful owner rather than automatically using the animal shelter. The vicious animal portion of the ordinance is a totally separate issue and negligence of responsibility by the animal’s owner should be on a different level since it involves the safety of others. Councilman Callsen discussed the importance of having animals vaccinated along with being licensed. He concurred with statements from Mayor Nancolas. Councilman Blacker asked if a dog was determined to be vicious, would the animal need to be removed from the City Limits? Mr. Hilty stated that the animal would need to be removed assuming that the violation was charged under the City Code rather than the Idaho State Code. He reported that the City of Nampa handles such cases through an administrative board and that the animal is destroyed as determined by the board. The City of Boise follows the State of Idaho rulings in that the animal must be secured on the property of the owner once it is determined to be vicious, cannot be off of a leash, and the owner must follow the provisions of the city concerning signage, fences, insurance, etc. The State Code provides that on a second or subsequent attack, the court can then order that the animal be destroyed. Councilman Sobba stated that there are several other references to misdemeanors in the City Code such as over-parking and weeds that are greater than eight inches in height. The definition of a vicious animal should include being attacked on the owner’s property as well, such as a girl scout going door-to-door selling cookies and is suddenly attacked by a vicious animal. In response to comments from Councilman Blacker, Mr. Hilty agreed that the vicious animal destruction matter is difficult since various scenarios will enter into the basis of determination. Mike Pollard, 14147 Shenandoah Street, spoke in favor of the ordinance. He noted that he has been the victim of a vicious dog attack. He reported that he has spoken with several citizens concerning the need for dog license fees for those owners of dogs within the City Limits. He emphasized that the license fees have been in place for many years through Canyon County and therefore should be carried through by the City of Caldwell to help support the City’s animal control program and the privately- owned animal shelter. He suggested that the dog-at-large issue be readily enforced within the public parks by the police department. Denise Vertie, 1207 Savannah, spoke as neutral of the ordinance. She outlined her experience in the field of veterinary medicine. She noted that she has assisted with court cases in writing depositions and letters concerning dangerous dogs as supporting documentation. Ms. Vertie presented information concerning the difference between a vicious animal and vicious/dangerous animal; suggestions for organizing a partnership between the City of Caldwell and local veterinarians for licensing and tracking animals by using a triplicate form informing dog control of which animals were recently vaccinated; the appropriate age to neuter animals and how this would affect the licensing of animals; the need of the use micro-chips; and the need for training classes for new owners or those who have difficulty controlling their animal(s). th Avenue, signed in opposition to the ordinance but chose not to speak. David Clark, 823 South 10 Erik Makrush, 3414 Ridgepark Street, spoke in opposition to the ordinance. He noted he had provided members of Council with the “Bill Bruce Model” article which promotes a voluntary program for animal control. Mr. Makrush reported that he recently spoke with a Canyon County official and the new owner of the Canyon County Animal Shelter regarding the mandatory registration program, which previously was enforced by Canyon County Animal Control. He was told that less than 10% of the residents within Canyon County were licensing their pets. He encouraged Council to reject the proposed ordinance and consider a voluntary program such as the “Bill Bruce Model” which has been used in Calgary, Canada. He emphasized that through an educational-type program, Calgary has seen great results with the licensing of both canines and felines. Councilman Sobba noted that the article references that Mr. Bruce has a $5 million annual operating budget but does not indicate the number of staff relied upon to facilitate the program. Mr. Sobba noted that a lot can be accomplished in such a program if the City had the capability to hire numerous staff to operate the program. Mr. Makrush emphasized the point that it does not have to be a mandatory program to work. PAGE 132 BOOK 52 Councilman Blacker asked how an animal control officer could be staffed under such a program, noting that the City paid $90,000 to Canyon County last year to fund animal control. Mr. Makrush clarified that a fee would be assessed to the citizens who utilize the animal shelter due to stray pets. The owner of the stray pet would have personal accountability for retrieving their pet from the animal shelter. Councilman Hopper asked if Mr. Makrush had examples of municipalities where voluntary dog licensing has been enacted which pays for animal control officers and the shelter use. Mr. Makrush responded that he had asked the shelter this question but was told that they did not have examples of other communities within the State of Idaho where the voluntary program has been implemented. He suggested that the Calgary program be further researched and used as a model for the next eighteen months. Councilman Hopper referenced the City of Calgary website where it states that all cats or dogs over three months of age residing in Calgary must have a license. For those not licensed, a fine of $250 is activated. Mr. Makrush reiterated that the City of Calgary does not push the “enforcement” aspect of the program but rather the “education” aspect and the benefits of having the animal returned to the owner. Discussion followed concerning the animal shelter’s funding in the past and the current plan. Mr. Makrush concluded by stating that he is not opposed to animal control since it is a necessary service; however, he is opposed to mandating a dog licensing program. The Mayor clarified that there is a large education component that will be addressed whether the program is determined to be voluntary or mandatory. He noted that the City has been working closely with the director of the shelter to put the program together. The plan is to work with the veterinarian community, the police officers, and the public through communication by using such tools as the water bills, public announcements, Facebook, town hall meetings, etc. Mr. Makrush expressed his desire that Council not rush to make the program mandatory when a voluntary program is a viable option. Councilman Hopper again expressed his concern with a voluntary program concept. He noted that Council is trying to avoid that all taxpayers, whether they are dog owners or not, fund the expenses of animal control. Council desires that the animal owners fund the management of their animals rather than under a general obligation for the City to handle with payments from those who want to participate in the program on a voluntary basis. Mr. Makrush concurred that it should be funded under a voluntary participation. He noted that if it is mandatory program, it still may be funded out of the General Fund since there was only a 10% response to licensing when mandated through the Canyon County Animal Shelter in the past. Councilman Hopper stated that what will change is that the ordinance is applicable to the City of Caldwell and will be enforced by the City of Caldwell respectively. If the Canyon County ordinance had been enforced with the methods being proposed by the City of Caldwell, the licensing process could possibly have been more successful for the County. MOVED by Blacker, SECONDED by Dakan to continue the public hearing to the next City Council Meeting to be held on November 7, 2011 at 7:00 p.m. with the provision that Mr. Hilty research some of the options as proposed within testimony and that the Finance Director ElJay Waite present a proposed budget for animal control including past amounts paid to Canyon County based on usage of the animal shelter. Discussion concerning the motion followed: Councilman Dakan stated that one of the main alternatives to the program was not having to send animals to the shelter and then euthanizing them within a two week period. He noted he would rather see the animals be returned to their owners, which is one of the mainstays to the whole program. Councilman Hopper asked that specific direction be given to Mr. Hilty concerning the proposed ordinance. He also expressed his concern that the ordinance move forward in a timely manner in conjunction with a proposed agreement which will be forthcoming from the animal shelter. Both documents should coincide with each other in order that the animal control expenditure not become a drain on the General Fund. The Mayor clarified that Mr. Waite had planned to bring forward a proposed fee structure at the th City Council Meeting with a request to set a public hearing date concerning this matter. November 7 He agreed that Mr. Hilty needs direction from Council in some of the areas that were mentioned within the presentation. Such topics addressed within public testimony include the length of time for vaccinations and the age for having the animal spayed or neutered in conjunction with the licensing process, definition for vicious animal vs. vicious/dangerous animal, the infraction vs. the misdemeanor issue, and having a voluntary option vs. a mandatory option for animal control. PAGE 133 BOOK 52 Councilman Hopper stated his objection to a voluntary program. He noted that the program must be able to pay for the expense of operating animal control including use of the shelter. He expressed his hesitancy of misdemeanors connected with the non-payment of license fees and how they would be enforced. Councilman Callsen agreed with comments from Councilman Hopper regarding opposition to a voluntary program, noting that a mandatory program is essential at this time. He stated that some livestock located within the City Limits could also be deemed as dangerous. The presentation by Dr. Verties regarding puppies was important as it relates to licensing. Councilman Sobba suggested that the option of escalating fines be explored. He stated his opposition to a voluntary program since staffing is essential to implement any program. Councilman Blacker re-emphasized his desire to view the budget from the Finance Director for the animal control program. He also noted that ownership of hybrid wolves has been an issue in the past and should be addressed within the ordinance. Councilman Ozuna stated her support for a mandatory program since funding is necessary to help support the use of the animal shelter facility. She agreed with the option to explore the use of escalating fines. Councilman Hopper suggested the following: 1) The definition of a vicious animal be separate from the dangerous animal. 2) The ordinance address the process in quarantining a rabid animal that attacks a citizen noting that there should be some type of accommodation that would allow for it not to be immediately destroyed during the quarantine period. 3) Staff should research the possibility of graduating infractions. 4) The ordinance should accommodate the puppy period where the owner intends to neuter the animal but cannot do so because of age factors. MOTION CARRIED (CONSIDER BILL NO. 27 [ORDINANCE NO. 2886] – ANIMAL CONTROL ORDINANCE WITH A REQUEST TO WAIVE THE RULES, PASS ON THE FIRST READING AND APPROVE THE SUMMARY FOR PUBLICATION) This accompanying document to the public hearing regarding the amended animal control ordinance will be continued to November 7, 2011. NEW BUSINESS: (PUBLIC HEARING [LEGISLATIVE]: CONSIDER AMENDMENTS TO THE TAXI CAB ORDINANCE [CHAPTER 6, ARTICLE 11 OF THE CALDWELL CITY CODE]) th Mark Hilty, 1303 12 Avenue Road, Nampa, presented the staff report and outlined the proposed changes. He noted that the ordinance was amended due to reports that a taxi cab within the City of Caldwell was operating with a flat fee with no taxi meter and therefore claimed that there was no obligation to comply with any of the taxi regulations. Shortly after this report was confirmed, other taxi cab companies followed suit and also removed their taxi meters. The proposed ordinance was drafted with an expanded definition of what constitutes a taxi cab that includes other types of rides for hire. The ordinance was coordinated with the Nampa City Attorney for uniform content per the request of Council. st Sue Dohman, 151 1 Street North, Nampa, spoke as neutral to the request. Ms. Dohman reported that she is the co-owner of Kool Cab and Canyon County Cab of Nampa. She asked for clarification of Section 06-11-01 - Commercial Transportation. She noted that her company is also a Medicaid provider and in accordance with those requirements, her transportation service must be open to the public. She noted that her company addresses both shuttle and Medicaid transportation services. Mr. Hilty responded that the commercial transportation definition does not hinge on being a Medicaid business but rather if a company is providing services described as a taxi. Ms. Dohman reported that there several Medicaid providers who are all required to be open to the public but do not operate a separate shuttle service. Mr. Hilty suggested that he meet with Ms. Dohman individually concerning this issue to gain valuable information. Ms. Dohman also asked for clarification on the need for commercial insurance as noted in Section 06- 11-13. The Mayor stated that the City requires insurance coverage as referenced by resolution. Mr. Hilty directed Ms. Dohman’s attention to the definition for a transportation vehicle business, which includes as an example a shuttle service. The same insurance requirements would be applicable under the ordinance. PAGE 134 BOOK 52 Ms. Dohman asked for clarification on Section 06-11-31 regarding the requirements for an FBI background check by the City. She noted that since approved Medicaid drivers are also required to obtain an FBI background check, is there a need to duplicate this requirement? Debbie Geyer, Caldwell City Clerk, addressed this question, noting that FBI background information from agency to agency cannot be shared per federal requirements. The Mayor noted at a Denye had signed in as neutral to the ordinance. No one responded when the name was called. The Mayor reported that Dave Summers came into City Hall today and met with him personally concerning this proposed ordinance. Mr. Summers operates a shuttle service within the City of Caldwell but was unable to attend the public hearing. He conveyed to the Mayor his support of the ordinance. He had questions about the following issues: 1) Could information from the FBI background checks be shared between agencies? 2) Will the extended time required to obtain the results of the background checks pre-empt employees from working? 3) Does the ordinance differentiate between a per person rate versus a flat vehicle rate? MOVED by Hopper, SECONDED by Blacker to continue the public hearing to the next City Council Meeting to be held on November 7, 2011 at 7:00 p.m. with the provision that the City Attorney consider comments within the public testimony portion of the hearing tonight. MOTION CARRIED (CONSIDER BILL NO. 26 [ORDINANCE NO. 2885] – TAXI CAB ORDINANCE WITH A REQUEST TO WAIVE THE RULES, PASS ON THE FIRST READING AND APPROVE THE SUMMARY FOR PUBLICATION) This accompanying document to the public hearing regarding the amended taxi cab ordinance will be continued to November 7, 2011. (FINANCE AND HUMAN RESOURCE REPORTS) Councilman Callsen reported that the Finance Committee has reviewed current accounts payable in the amount of $928,193.43 for the period ending October 12, 2011 and net payroll in the amount of $269,732.26 for the pay period ended October 8, 2011. MOVED by Callsen, SECONDED by Blacker that accounts payable in the amount of $928,193.43 represented by check numbers79337 through 80184 and the total payroll in the amount of $269,732.26 represented by check numbers 22354 through 22388 and direct deposits be accepted, payments approved, and vouchers filed in the office of the City Clerk. MOTION CARRIED (COUNCIL COMMENTS) Councilman Hopper suggested that a Council workshop be scheduled to address the service level needs of the community by the Police Department to accommodate the enforcement of ordinances, especially on the weekends. Councilman Sobba announced that the “Dance with the Heroes” event will be held on Friday evening at O’Connor Field House. This event will recognize public safety and military personnel and is a fundraiser for the Meals on Wheels program. (MAYOR’S COMMENTS) The Mayor reported on the following events and happenings. The First Annual Chili Cook-off was held last Saturday as a fund raiser for CCOA. The event was well attended. The Mayor expressed appreciation to all the agencies who have contributed to making Caldwell eligible for the “100 Best Communities” award program. The American Government teaching sessions recently taught at Thomas Jefferson School, Caldwell High School, and Canyon Springs School were great experiences. The Mayor will be conducting similar sessions at Vallivue High School in the near future as well. The Youth Master Plan will be brought forward for Council’s consideration in a public hearing on th . The City of Caldwell will be the first city within Idaho to adopt such a plan. November 7 The NLC Conference will be held in Phoenix in November 9-12, 2011. Four students will be accompanying the Mayor to the conference to represent the City of Caldwell. Private donations and sponsorships have been received to fund this travel expense for the youth. PAGE 135 BOOK 52 (EXECUTIVE SESSION PURSUANT TO IDAHO CODE, SECTION 67-2345, SUBSECTION (F) FOR THE PURPOSE OF DISCUSSING PENDING LITIGATION) convene MOVED by Hopper, SECONDED by Callsen to into Executive Session pursuant to Idaho Code, Section 67-2345, Subsection 1 (f) to discuss pending litigation at 9:35 p.m. Roll call vote: Those voting yes: Hopper, Callsen, Sobba, Blacker, and Ozuna. Those voting no: none. Absent and/or not voting: Dakan MOTION CARRIED MOVED by Hopper, SECONDED by Blacker to reconvene into Regular City Council Session at 9:38 p.m. MOTION CARRIED TH (SURPLUS PROPERTY LOCATED AT 315 NORTH 5 AVENUE) MOVED by Hopper, SECONDED by Blacker to instruct staff to move forward with listing the property th at 315 North 5 Avenue with a local realtor noting that the surplus property value was established at $45,000 by Resolution No. 48-11. MOTION CARRIED (EXECUTIVE SESSION PURSUANT TO IDAHO CODE, SECTION 67-2345, SUBSECTION (F) FOR THE PURPOSE OF DISCUSSING PENDING LITIGATION) convene MOVED by Callsen, SECONDED by Blacker to into Executive Session pursuant to Idaho Code, Section 67-2345, Subsection 1 (f) to discuss pending litigation at 9:44 p.m. Roll call vote: Those voting yes: Callsen, Blacker, Ozuna, and Sobba. Those voting no: none. Absent and/or not voting: Dakan and Hopper. MOTION CARRIED convene MOVED by Callsen, SECONDED by Blacker to re into the Regular City Council Session. MOTION CARRIED (ADJOURNMENT) MOVED by Callsen, SECONDED by Blacker to adjourn at 10:07 p.m. MOTION CARRIED th APPROVED AS written THIS 7 DAY OF November , 2011. Mayor Councilperson Councilperson Councilperson Councilperson Councilperson Councilperson ATTEST: City Clerk