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HomeMy WebLinkAbout2011-11-21city council minutes November 21, 2011 6:00 p.m. CITY COUNCIL PUBLIC WORKSHOP FOR THE PURPOSE OF A PRESENTATION FROM LIEUTENANT LEROY PENEKU OF SOUTH IDAHO CORRECTIONAL INSTITUTION VOCATIONAL WORK PROJECTS (SICI-VWP) DISCUSSING THIS ORGANIZATION AS A RESOURCE TO THE CITY OF CALDWELL TO PROVIDE SERVICES AS NEEDED City Council President Jim Blacker called the meeting to order at 6:04 p.m. Those present: Blacker, Ozuna, Hopper, Callsen, Dakan, and Sobba. Those absent: Mayor Nancolas. Lieutenant Leroy Peneku of the South Idaho Correctional Institution, P.O. Box 8509, Boise, presented information concerning the availability of offenders to work with City staff on various projects. They currently have crews assigned to the US Forest Service, Gowen Field, Idaho Fish and Game, and the Idaho Transportation Department. Work plans can vary from 1 day to 1 year. Cost to the City would be $5.95 per hour per offender plus the cost of the officer assigned to the crew and mileage. Each crew worker must be approved for particular tasks prior to assignments being made with the approval process taking approximately 30 days or less. Mr. Peneku will provide a draft proposal to the City Clerk for budgetary review by the appropriate staff members. No decisions were made or any action taken during this workshop. The workshop was adjourned at 6:40 p.m. REGULAR MEETING November 21, 2011 7:00 P.M. The Council President reported that Mayor Nancolas was not able to attend due to being out of town. He called the meeting to order and reported that a City Council Public Workshop was conducted at 6:00 p.m. presentation from Lieutenant LeRoy Peneku of South Idaho Correctional for the purpose of a Institution Vocational Work Projects (SICI-VWP) discussing this organization as a resource to the City of Caldwell to provide services as needed. No decisions were made or any action taken during this workshop. The workshop was adjourned at 6:40 p.m. The Council President asked that everyone stand for the invocation lead by Pastor A.J. Collins of the Antioch Missionary Baptist 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: Mayor Nancolas. CONFLICT OF INTEREST DECLARATION None. SPECIAL PRESENTATIONS None. ADDITIONS OR DELETIONS TO THE AGENDA MOVED by Hopper, SECONDED by Callsen to amend the agenda by removing the Executive Session under New Business. MOTION CARRIED AUDIENCE PARTICIPATION Devin Bruett of the Mayor’s Youth Advisory Council presented information concerning their recent trip to the National League of Cities Conference in Phoenix, Arizona. CONSENT CALENDAR: The Council President presented the following items on the Consent Calendar for approval by Members of City Council: 1.Approve acceptance of the minutes from the City Council Regular Meeting held on November 7, 2011; the City Council Special Meeting held on November 8, 2011; the Caldwell Industrial Airport Commission Meeting held on November 3, 2011; the Caldwell Senior Citizen Center Board Meeting held on November 14, 2011; and the Caldwell Golf Board Meeting held on October 17, 2011; 2.Approve the Order of Decision from Case No. ZON-75-11 (Your Real Estate Solutions rezone); 6.Approve Resolution No. 164-11 acknowledging acceptance of Ordinance No. 1626 for the vacation rd of Omaha Street between North 3 and North Illinois; 7.Approve Resolution No. 165-11 to ratify the purchase of two new pickup trucks for the Water Department; 8.Approve Resolution No. 166-11 authorizing the execution of an “Agreement for Media Buys for Public Service Announcements” regarding performance of services related to the City of Caldwell’s Municipal separate sewer storm water system (MS4) permit public education requirement; 9.Approve Resolution No. 167-11 authorizing the execution of an Amendment to the Memorandum of Agreement with the Corporation for National and Community Service AmeriCorps *Vista; 10.Approve Resolution No. 168-11 authorizing the execution of a Residential Lease for property located at 2101 North Illinois Avenue with Kristi Bourne and Conley Flack; 11.Approve Resolution No. 169-11 authorizing the execution of a Cooperative Agreement with Valley Regional Transit for annual dues and service contributions; 12.Approve Resolution No. 170-11 authorizing the approval of a green fee increase at Fairview Golf Course from $10.50 to $11.00 (including tax) as recommended by the Caldwell Golf Board; 13.Approve request for destruction of records from the Caldwell Police Department. MOVED by Callsen, SECONDED by Hopper to approve the Consent Calendar as presented. Roll call vote. Those voting yes: Callsen, Dakan, Sobba, Blacker, Ozuna, and Hopper. Those voting no: none. Absent and/or not voting: none. MOTION CARRIED OLD BUSINESS: (CONTINUED PUBLIC HEARING [LEGISLATIVE]: CONSIDER AMENDMENTS TO THE ANIMAL CONTROL ORDINANCE [CHAPTER 8, ARTICLE 3 OF THE CALDWELL CITY CODE]) The Council President declared the public hearing continued and open. th Mark Hilty, 1303 12 Avenue Road, Nampa, presented the revised draft ordinance and outlined the proposed text amendments. Mr. Hilty noted that this is the third time that this item has been before Council as a public hearing. Revisions include matters dealing with: 1) The authorization for Council to adopt fees which would distinguish between animals with micro-chips and animals without micro- chips. (All animal control fees would be approved by resolution.); 2) An exemption to the small dog collar/tag requirements could be requested if the animal has been micro-chipped; however, the purchase of the license would be mandatory; 3) The non-allowance of animals in government buildings that are used for government purposes and open to the public. (Exceptions to this include service-based animals or law enforcement dogs.); 4) Removal of provisions concerning the unlawful acts relating to animal fighting since this issue is covered in State Code. The proposed ordinance now references the State Code; 5) Section dealing attack animals was removed noting that this offense will be charged under a criminal statute dealing with assault or battery through the prosecuting attorney’s office. Councilman Callsen suggested that CPD research the possibility of smaller tags for miniature canines. Councilman Hopper suggested that the ordinance in the future be amended to address transporting animals in carriers on modes of public transportation. Denyce Vertie, 1207 Savannah Street, expressed her concern with the proposed $5 daily hold fee and kennel license fees. She suggested that the hold fee be increased to cover overhead expenses of the animal shelter. MOVED by Hopper, SECONDED by Sobba to close the public hearing. Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Sobba, Blacker, and Ozuna. Those voting no: none. Absent and/or not voting: none. 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) The Council President read the ordinance by title only: AN ORDINANCE OF THE CITY OF CALDWELL, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, DELETING EXISTING CHAPTER 8, ARTICLE 3, OF THE CALDWELL CITY CODE IN ITS ENTIRETY AND ADOPTING A NEW CHAPTER 8, ARTICLE 3, OF THE AND REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS AND PARTS THEREOF IN CONFLICT HEREWITH. MOVED by Hopper, SECONDED by Callsen to waive the three reading process and consider Bill No. 27 (Ordinance 2886) on its first reading by title only. Roll call vote: Those voting yes: Hopper, Callsen, Dakan, Sobba, Blacker, and Ozuna. Those voting no: none. Absent and/or not voting: none. MOTION CARRIED MOVED by Hopper, SECONDED by Callsen to sponsor Bill No. 27 (Ordinance 2886), move for its passage, and approve the summary for publication noting that an amendment will possibly be presented in the near future to address transporting canines by the means of public transportation. Roll call vote: Those voting yes: Hopper, Callsen, Dakan, Sobba, Blacker, and Ozuna. Those voting no: none. Absent and/or not voting: none. MOTION CARRIED (CONSIDER RESOLUTION NO. 143-11 AUTHORIZING THE EXECUTION OF THE AGREEMENT FOR SERVICES WITH FRIENDS OF THE CANYON COUNTY ANIMAL SHELTER INCORPORATED, DBA CANYON COUNTY ANIMAL SHELTER AND THE CITY OF CALDWELL) th Mark Hilty, 1303 12 Avenue Road, Nampa, reported that the requested change from Ms. Hutchinson from the Animal Shelter has been made in the final copy of the contract. He noted that the item dealt with the renegotiation of terms in the event that there was going to be an automatic renewal of the contract or a renewal beyond the initial term. Mr. Hilty stated that he concurred with the change. MOVED by Hopper, SECONDED by Dakan to authorize the adoption of Resolution No. 143-11. Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Sobba, Blacker, and Ozuna. Those voting no: none. Absent and/or not voting: none. MOTION CARRIED (PUBLIC HEARING [LEGISLATIVE]: CONSIDER NEW FEES FOR ANIMAL CONTROL LICENSES AND INFRACTIONS) The Council President declared the public hearing open. ElJay Waite, 411 Blaine Street, presented the staff report and outlined the proposed fees as follows: City of Caldwell Canine License Fees & Infractions Schedule License FeesAlteredUnaltered Annual Canine License $12.00 $48.00 Three-year Canine License $33.00 $130.00 Senior Canine License Discount 50% 50% Kennel License $ 25.00 $25.00 License Transfer $2.50 $2.50 License Replacement $2.50 $2.50 Daily Hold Fee $5.00 $5.00 (Senior discount applies to residents 65 years and older for up to 3 canines) Infractions1st offense 2nd offense 3rd & subsequent offenses Failure to: Altered UnalteredAlteredUnalteredAlteredUnaltered Peace & Quiet $50.00 $50.00 $75.00 $75.00 $100.00 $100.00 Confine Canine $50.00 $150.00 $75.00 $225.00 $100.00 $300.00 Discussion was held concerning the addition of a discounted fee for micro-chipped canines. Mr. Waite reported that the daily hold fee was recommended by the Canyon County Animal Shelter, noting that if the shelter sees the need to alter this fee, that request can be brought back before Council in the future. Mr. Waite recommended that Council allow for a micro-chipped canine amount within the fee schedule at a rate of: $10 annual fee for an altered dog and $27.00 for a three-year license for an altered dog. There would be no change in the unaltered dog fees. Mr. Waite noted that he had compared the canine license fees with neighboring municipalities. The City of Boise charges $44.50 for a non-sterile dog over one year of age and a non-sterile dog under one year is $23.50. The altered dog fee for a one-year license is $18.50 (Caldwell’s fee would be $12). Boise’s senior citizen rate is $10 (Caldwell’s would be $6.00). Councilman Hopper asked for clarification concerning the confine canine fee of $50 vs. the daily hold fee of $5. Mr. Waite reported that the daily hold fee is a fee that would be charged to the City of Caldwell for any dog held by the animal shelter in a criminal case where the dog needs to quarantined and held under public control. The $50 confinement fee is an infraction fee which is associated with the “dog-at-large” provision of the ordinance. Councilman Hopper expressed his concerns regarding the kennel fee. He expressed his support for the separate license fees associated with micro-chipped animals. In response to questions from Councilman Hopper, Chief Allgood reported that the judge will set the misdemeanor fine amount on a third offense and thus no dollar amount should be stated on the infraction schedule. In response to questions from Councilman Callsen, Chief Allgood stated that persons who feel that their dog is too small to wear a collar should have the veterinarian document this information and then micro-chip the animal. The purchase of a dog license is still mandatory. Anne Marie Skinner, 621 Cleveland Blvd., suggested that the kennel licensing process be handled strictly through the city and not by local veterinarians. Currently, the City Code only allows kennel licenses to be issued within two separate zones, which do not include residential areas. The process should include the Planning & Zoning Department. Mr. Waite suggested that the City Clerk issue the kennel licenses. He noted that a 90-day grace period will be given for pet owners to license their dogs between December 1, 2011 and February 29, 2012. No citations will be issued during this period. There will be a media campaign regarding the new dog licensing process and a dog license brochure/application will be going out in each water st bill on December 1. Discussion followed concerning the feasibility of an increased kennel fee for unaltered dogs. Councilman Dakan stated that the fee schedule will be reviewed each year and adjustments may be recommended at that time. (CONSIDER RESOLUTION NO. 161-11 ADOPTING THE “FEE SCHEDULE FOR THE CITY OF CALDWELL ANIMAL CONTROL LICENSE FEES AND INFRACTION SCHEDULE.”) MOVED by Hopper, SECONDED by Sobba to adopt Resolution No. 161-11 with the additional provision to allow for a $2.00 reduced fee for altered micro-chipped canines on an annual basis and a $6.00 reduction of fees for altered micro-chipped canines for a three-year license. Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Sobba, Blacker, and Ozuna. Those voting no: none. Absent and/or not voting: none. MOTION CARRIED (CONSIDER BILL NO. 19 [ORDINANCE NO. 2878] FOR CASE NO. ZON-75-11 [YOUR REAL ESTATE SOLUTIONS REZONE] WITH A REQUEST TO WAIVE THE RULES, PASS ON THE FIRST READING, AND APPROVE THE SUMMARY FOR PUBLICATION) The Council President read the ordinance by title only: RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH. MOVED by Hopper, SECONDED by Dakan to waive the three reading process and consider Bill No. 19 (Ordinance 2878) on its first reading by title only. Roll call vote: Those voting yes: Hopper, Callsen, Dakan, Sobba, Blacker, and Ozuna. Those voting no: none. Absent and/or not voting: none. MOTION CARRIED MOVED by Hopper, SECONDED by Dakan to sponsor Bill No. 19 (Ordinance 2878), move for its passage, and approve the summary for publication. Roll call vote: Those voting yes: Hopper, Callsen, Dakan, Sobba, Blacker, and Ozuna. Those voting no: none. Absent and/or not voting: none. MOTION CARRIED (CONSIDER BILL NO. 24 [ORDINANCE NO. 2883] FOR CASE NO. ZON-77-11 [ROJAS REZONE] WITH A REQUEST TO WAIVE THE RULES, PASS ON THE FIRST READING, AND APPROVE THE SUMMARY FOR PUBLICATION) The Council President 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 LAND 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 Callsen to waive the three reading process and consider Bill No. 24 (Ordinance 2883) on its first reading by title only. Roll call vote: Those voting yes: Hopper, Callsen, Dakan, Sobba, Blacker, and Ozuna. Those voting no: none. Absent and/or not voting: none. MOTION CARRIED MOVED by Hopper, SECONDED by Callsen to sponsor Bill No. 24 (Ordinance 2883), move for its passage, and approve the summary for publication. Roll call vote: Those voting yes: Hopper, Callsen, Dakan, Sobba, Blacker, and Ozuna. Those voting no: none. Absent and/or not voting: none. MOTION CARRIED NEW BUSINESS: (CONSIDER BILL NO. 31 [ORDINANCE NO. 2890] TO ANNEX APPLE CREEK SUBDIVISION PHASE NO. 4) INTO THE CALDWELL MUNICIPAL IRRIGATION DISTRICT WITH THE REQUEST TO WAIVE THE RULES AND PASS ON THE FIRST READING) The Council President read the ordinance by title only: AN ORDINANCE OF THE CITY OF CALDWELLL, IDAHO, ANNEXING A PORTION OF PROPERTY WITHIN THE CORPORATE CITY LIMITS INTO THE CALDWELL MUNICIPAL IRRIGATION DISTRICT OF THE CITY OF CADWELL, CANYON, COUNTY, IDAHO, AND CHANGING THE BOUNDARIES THEREOF; DIRECTING THE ICTY ENGINEER TO ALTER THE BOUNDARY MAP ACCORDINGLY; DECLARING THE INTENT OF THE CITY TO POOL WATER RIGHTS AND APPLY A UNIFORM METHOD OF ALLOCATING ASSESSMENTS AND CHARGES; AND PROVIDING AN EFFECTIVE DATE. Brent Orton, 621 Cleveland Blvd., presented the staff report. He noted that the request was submitted by the developers of the Apple Creek Subdivision. The underlying irrigation district is Pioneer Irrigation. MOVED by Hopper, SECONDED by Callsen to waive the three reading process and consider Bill No. 31 (Ordinance 2890) on its first reading by title only. Roll call vote: Those voting yes: Hopper, Callsen, Dakan, Sobba, Blacker, and Ozuna. Those voting no: none. Absent and/or not voting: none. MOTION CARRIED (CONSIDER ACCEPTANCE OF THE CANVASS OF VOTES FROM THE BOARD OF CANVASSERS OF ELECTION [MUNICIPAL ELECTION HELD ON NOVEMBER 8, 2011] FOR THREE 4-YEAR TERM CITY COUNCIL MEMBERS) City Clerk Debbie Geyer reported that Idaho State Code Section 50-412 mandates that the county commissioners, within ten (10) days following any election, shall meet for the purpose of canvassing the results of the election. Upon acceptance of tabulation of votes prepared by the election judges and clerks, and the canvass as herein provided, the results of both shall be entered in the minutes of city . council proceedings and proclaimed as final Ms. Geyer presented the results from the November 8, 2011 Municipal Election as provided by the Canyon County Board of Canvassers as follows: City Council Seat No. 4 Votes 596 Kent Marmon 878 Shannon Ozuna 732 Erik Constantine Makrush City Council Seat No. 5 Votes 408 Jerry Kilbourne 1,062 Jim Blacker 732 Rem Fox City Council Seat No. 6 Votes 1,316 David B. Clark 772 Jeremy Feucht An exhibit was provided to the City Council Members showing the election results by precinct as follows: Voting Statistics Seat 4 Precinct Kent A. Percentage (%)Shannon Percentage Erik Percentage n Marmon Ozuna Costantine Makrush 4 29 24.37 57 47.90 33 27.73 5 41 32.28 49 38.58 37 29.13 6 38 25.68 67 45.27 43 29.05 7 11 21.57 13 25.49 27 52.94 8 36 20.00 70 38.89 74 41.11 960 25.00 71 29.58 109 45.42 10 59 31.72 78 41.94 49 26.34 11 118 27.51 188 43.82 123 28.67 12 96 25.33 178 46.97 105 27.70 13 81 31.27 79 30.50 99 38.22 15 27 30.68 28 31.82 33 37.50 TOTALS 596 27.02 878 39.80 732 33.18 Voting Statistics Seat 5 Precinct JerryPercentage (%)Jim Percentage Rem Fox Percentage Kilbourne Blacker 4 9 7.83 72 62.61 34 29.57 5 30 23.62 61 48.03 36 28.35 6 24 16.22 66 44.59 58 39.19 7 18 35.29 14 27.45 19 37.25 8 36 20.45 93 52.84 47 26.70 950 21.19 112 47.46 74 31.36 10 29 15.51 77 41.18 81 43.32 11 58 13.33 223 51.26 154 35.40 12 63 16.41 192 50.00 129 33.59 13 76 29.69 108 42.19 72 28.13 Percentage (%)Jeremy Percentage ClarkFeucht 4 67 61.47 42 38.53 5 68 56.20 53 43.80 6 93 65.49 49 34.51 7 28 57.14 21 42.86 8116 68.64 53 31.36 9146 64.04 82 35.96 10 102 61.45 64 38.55 11 246 60.15 163 39.85 12 215 60.73 139 39.27 13 183 72.33 70 27.67 15 52 59.09 36 40.91 TOTALS 1,316 63.03 772 36.97 MOVED by Hopper, SECONDED by Dakan to accept the canvass of vote results of the November 8, 2011 Municipal Election as approved by the Canyon County Board of Canvassers of Election and presented by the Caldwell City Clerk. Roll call vote: Those voting yes: Hopper, Callsen, Dakan, Sobba, Blacker, and Ozuna. Those voting no: none. Absent and/or not voting: none. MOTION CARRIED (PUBLIC HEARING [QUASI-JUDICIAL]: CASE NUMBER SUB-180[E]-07 A REQUEST BY BV LEGACY FALLS, LLC, MORGAN CONSTRUCTION AND LANDMARK ENGINEERING FOR A THREE-YEAR TIME EXTENSION OF THE PRELIMINARY PLAT OF LEGACY FALLS SUBDIVISION. THIS WILL BE THE FINAL TIME EXTENSION ALLOWED. THE SITE IS LOCATED ON THE SOUTHEAST CORNER OF FLORIDA AVENUE AND KARCHER ROAD) The Council President explained the quasi-judicial process and declared the public hearing open. The City Clerk was asked to swear in those who would be giving public testimony. Anne Marie Skinner, 621 Cleveland Blvd., acknowledged being sworn in, presented the staff report and outlined the facts as written. She presented an aerial map of the site, which the Council President labeled as CC-1000 and a revised staff report labeled as CC-1001 (altering Item 6.2 on page 3). She noted that Council granted a one-year time extension in 2010 extending the preliminary plat approval to October 15, 2011. On October 14, 2011 the owner submitted a request for a second and final time extension. She explained that at the time the owner submitted the application, the applicant was not aware that this was the final time extension for a period of three years. When they received the staff report, they noted their error and asked for a period of six years. Staff recommends the six-year time extension to expire October 15, 2017 since it is a commercial subdivision. Clint Boyle of Landmark Engineering, 332 Broadmore Way, Nampa, acknowledged being sworn in and spoke in favor of the request. He noted that the applicant has expended a significant amount of time and dollars into the development. The applicant is active in seeking tenants for the development. The applicant concurs with the amended staff report. Councilman Hopper reported that the parcel’s owner has been contacted regarding weed control issues in the past. The owner needs to be made aware of the importance concerning the upkeep of the property without the City Code Enforcement Division being involved. Mr. Boyle concurred with Councilman Hopper’s directive. Sarah Lee, 1515 Arlington Avenue, signed in as neutral to the request but was not present to testify. MOVED by Dakan, SECONDED by Ozuna to close the public testimony portion of the hearing. MOTION CARRIED EVIDENCE LIST FOR CASE NO. SUB-180(E)-07: The Council President presented the Evidence List: sign-up sheets, CC-1000 (an aerial map of the site presented by Anne Marie Skinner), and CC-1001 (revised staff report presented by Anne Marie Skinner). MOVED by Callsen, SECONDED by Hopper to accept the Evidence List as presented. MOTION CARRIED FINDINGS OF FACT ON CASE NO. SUB-180(E)-07: CONCLUSIONS OF LAW ON CASE NO. SUB-180(E)-07: MOVED by Hopper, SECONDED by Callsen 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. Roll call vote: Those voting yes: Hopper, Callsen, Dakan, Sobba, Blacker, and Ozuna. Those voting no: none. Absent and/or not voting: none. MOTION CARRIED ORDER OF DECISION ON CASE NO. SUB-180(E)-07: MOVED by Hopper, SECONDED by Callsen based on the findings of fact and Conclusions of Law, the Caldwell City Council hereby orders that Case No. SUB-180E-07, a request by BV Legacy Falls LLC, Morgan Construction and Landmark Engineering for a final time extension of the preliminary plat of Legacy Falls Subdivision located at the southeast corner of Florida Avenue and Karcher Road is approved with the conditions as specified in the staff report. Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Sobba, Blacker, and Ozuna. Those voting no: none. Absent and/or not voting: none. MOTION CARRIED MOVED by Hopper, SECONDED by Callsen to close the public hearing. MOTION CARRIED (PUBLIC HEARING [QUASI-JUDICIAL]: CASE NUMBER APP-11-11 A REQUEST BY SCS KIMBERLAND LLC AND LANDMARK ENGINEERING FOR AN AMENDMENT TO DEVELOPMENT AGREEMENT INST. NO. 2007066229 AND FOR AN AMENDMENT TO CONDITIONS OF APPROVAL IN THE ACCOMPANYING ORDER OF DECISION, BOTH PERTAINING TO THE USTICK MIDDLETON REZONE (ZON-51-07) DONE IN 2007 ON PROPERTY LOCATED AT THE NORTHEAST CORNER OF USTICK ROAD AND MIDDLETON ROAD) Anne Marie Skinner, 621 Cleveland Blvd., acknowledged being sworn in, presented the staff report and outlined the facts as written. She presented an aerial map of the site, which the Council President labeled as CC-1000. She noted that the request is to amend the development agreement and the Order of Decision. There are several duplications within both documents. The proposed changes have been reviewed by Planning & Zoning staff, the City Engineer, and the Assistant City Engineer. She noted that Item #30 on page 6 within the proposed Amended Development Agreement be eliminated. Issues regarding this item have been covered within the Order of Decision. Clint Boyle of Landmark Engineering, 332 Broadmore Way, Nampa, reported that the new developers are working to clear up these documents for clarification purposes. This action will assist the developers with marketing the development. He noted that the developers are in agreement with the removal of the Item #30 from the proposed Amended Development Agreement, which will be addressed within the revised Order of Decision. MOVED by Hopper, SECONDED by Ozuna to close the public testimony portion of the hearing. MOTION CARRIED EVIDENCE LIST FOR CASE NO.APP-11-11: The Council President presented the Evidence List: staff report, sign-up sheets, and CC-1000 (an aerial map of the site presented by Anne Marie Skinner). MOVED by Hopper, SECONDED by Sobba to accept the Evidence List as presented. MOTION CARRIED FINDINGS OF FACT ON CASE NO. APP-11-11: MOVED by Hopper, SECONDED by Sobba 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 presented, and note that there was no opposition to the changes suggested through the application. MOTION CARRIED CONCLUSIONS OF LAW ON CASE NO. APP-11-11: MOVED by Hopper, SECONDED by Ozuna 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. MOTION CARRIED the staff report noting that Item #30 of the Development Agreement will be stricken in the final version. Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Sobba, Blacker, and Ozuna. Those voting no: none. Absent and/or not voting: none. MOTION CARRIED MOVED by Hopper, SECONDED by Sobba to close the public hearing. MOTION CARRIED (PUBLIC HEARING [LEGISLATIVE]: CASE NUMBER OA-144-11 A REQUEST BY THE CITY ENGINEER/PUBLIC WORKS DIRECTOR AND THE CITY ATTORNEY TO AMEND CHAPTER 13, ARTICLE 1, OF CALDWELL CITY CODE, REGARDING STORM WATER MANAGEMENT AND DISCHARGE CONTROL) The Council President declared the Public Hearing open. Anne Marie Skinner, 621 Cleveland Blvd. presented the staff report and reported that the hearing was properly noticed. The Planning & Zoning Commission heard the ordinance amendment on October 11, 2011 and recommended its approval. Brent Orton, 621 Cleveland Blvd., outlined the contents of the ordinance. Mr. Orton stated that the ordinance is a requirement of the EPA under the National Pollutant Discharge Elimination System Permit for the City’s separate storm/sewer system (MS4). The ordinance addresses compliance issues associated with the MS4 permit including the prohibition of illicit discharges or discharges in the storm water system that are not properly treated or inappropriate. It speaks at length to protecting water quality through appropriate best management practices and controls. It also addresses the storm water pollution prevention plan program, which the City is now required to administer under the provisions of the MS4 permit. Mr. Orton continued by reporting that residents are allowed to maintain their car washing activities at their homes; however, commercial car washing facilities are no longer able to discharge into the system. Enforcement provisions are stated within the ordinance. Mr. Orton emphasized that this is not a storm water utility ordinance. The only fee associated with its approval is for plan review costs as currently implemented through the Engineering Department fee schedule or EPA violation fines as duly noted. Mr. Orton noted that language on page 6, Item #2 of the document needs modification. He will work with the City Attorney concerning amending the ordinance to address not allowing refuse on catch basins. Discussion followed concerning the response of Pioneer Irrigation to the proposed ordinance. th Avenue Road, Nampa, reported on the reasoning of the ordinance. He noted Mark Hilty, 1303 12 that the requirements for the ordinance have been imposed by the federal government. This is not an ordinance dealing with funding. The City of Lewiston attempted a funding mechanism for their storm water utility, which the Supreme Court recently struck down. The City of Nampa has received a Tort Claim Notice over the funding mechanism they recently imposed dealing with storm water. Mr. Hilty addressed the contents of a letter recently received by Pioneer Irrigation and the impact of the ordinance on their facilities. He noted that enactment of the ordinance is required by December 19, 2011. Councilman Hopper noted that the proposed ordinance was not part of the supporting material for the Council Agenda Packet. Mr. Hilty recommended that the public hearing be continued to December 5, 2011 with consideration of the accompanying ordinance at that time as well. rd Larry Storey, Chairman of Riverside Irrigation District, 120 North 3 Street, Parma, stated that he was in attendance to obtain information concerning this issue. MOVED by Hopper, SECONDED by Callsen to continue the public hearing with the provision that the ordinance also be presented for consideration at the next Regular City Council Meeting to be held on December 5, 2011 at 7:00 p.m. Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Sobba, Blacker, and Ozuna. Those voting no: none. Absent and/or not voting: none. MOTION CARRIED th Mark Hilty, 1303 12 Avenue Road, Nampa, presented the staff report and outlined the contents of the proposed ordinance. He noted that this issue was a housekeeping matter to put in writing the current process followed by the City of Caldwell. The Council President read the ordinance by title only: AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL ADOPTING A NEW CHAPTER 1, ARTICLE 13, SECTIONS 01-13-01 THROUGH 01-13-03, INCLUSIVE, OF THE CALDWELL CITY CODE, ENTITLED, “SURPLUS PROPERTY,” AND PERTAINING TO THE DECLARATION OF PERSONAL OR REAL PROPERTY AS SURPLUS AND THE DISPOSITION THEREOF; 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 Callsen to waive the three reading process and consider Bill No. 28(Ordinance 2887) on its first reading by title only. Roll call vote: Those voting yes: Hopper, Callsen, Dakan, Sobba, Blacker, and Ozuna. Those voting no: none. Absent and/or not voting: none. MOTION CARRIED MOVED by Hopper, SECONDED by Callsen to sponsor Bill No. 28 (Ordinance 2887) and move for its passage. Roll call vote: Those voting yes: Hopper, Callsen, Dakan, Sobba, Blacker, and Ozuna. Those voting no: none. Absent and/or not voting: none. MOTION CARRIED (FINANCE AND HUMAN RESOURCE REPORTS) Councilman Callsen reported that the Finance Committee has reviewed current accounts payable in the amount of $1,567,844.82 for the period ending November 16, 2011 and net payroll in the amount of $256,017.25 for the pay period ended November 5, 2011. MOVED by Callsen, SECONDED by Hopper that accounts payable in the amount of $1,567,844.82 represented by check numbers81751 through 82058 and the total payroll in the amount of $256,017.25 represented by check numbers 22522 through 22548 and direct deposits be accepted, payments approved, and vouchers filed in the office of the City Clerk. Roll call vote: Those voting yes: Callsen, Dakan, Sobba, Blacker, Ozuna, and Hopper. Those voting no: none. Absent and/or not voting: none. MOTION CARRIED (COUNCIL COMMENTS) Each of the Council Members commented on the Winter Wonderland Celebration. They expressed appreciation to the Street Department staff for the superior display of lights within the downtown. Councilman Ozuna expressed her appreciation to Mike Pollard for his faithful attendance of City Council Meetings and involvement within the community. (MAYOR’S COMMENTS) None.. MOTION CARRIED th APPROVED AS written THIS 5 DAY OF December , 2011. Mayor Councilperson Councilperson Councilperson Councilperson Councilperson Councilperson ATTEST: City Clerk