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HomeMy WebLinkAbout2011-12-5city council minutes December 5, 2011 6:00 p.m. CITY COUNCIL PUBLIC WORKSHOP FOR THE PURPOSE OF DISCUSSING THE STATE HIGHWAY 55 CORRIDOR PLAN (MEDIAN U-TURN TREATMENT). Mayor Nancolas called the meeting to order at 6:00 p.m. Present: Blacker, Ozuna, Hopper, Callsen, Dakan, and Sobba. Brent Orton, 621 Cleveland Boulevard, presented a Power Point presentation concerning traffic access control options for the State Highway 55 Corridor. No decisions were made or any action taken during this workshop. The workshop was adjourned at 6:58 p.m. REGULAR MEETING December 5, 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 discussing the State Highway 55 Corridor Plan (Median U-Turn Treatment). No decisions were made or any action taken during this workshop. The Mayor asked that everyone stand for the invocation lead by Pastor Phil Bohlken of the Grace Lutheran 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, and Dakan. Those absent: Sobba. CONFLICT OF INTEREST DECLARATION None. SPECIAL PRESENTATIONS The Mayor acknowledged Ms. Jackson, US Government Teacher from Caldwell High School. Ms. Jackson asked all of her students to stand and state their name. The Mayor introduced three members from the Mayor’s Youth Advisory Council who recently attended the National League of Cities Conference with the Mayor in Phoenix, Arizona. Maggie Campbell, Thalia De Los Reyes, and Madison Wise presented information about the conference and yielded to questions from the Council Members. ADDITIONS OR DELETIONS TO THE AGENDA MOVED by Blacker, SECONDED by Hopper to amend the agenda by removing Item #6 (Execution Session) from under New Business. MOTION CARRIED AUDIENCE PARTICIPATION CONSENT CALENDAR: The Mayor presented the following items on the Consent Calendar for approval by Members of the City Council: Approve acceptance of the minutes from the City Council Regular Meeting held on November 1. 21, 2011and the Caldwell Hearing Examiner Meeting held on November 9, 2011; Approve the Order of Decision from Case No. SUB-180(E)-07 (Legacy Falls final time 2. extension); Approve the Order of Decision from Case No. APP-11-11 (Amend Ustick Middleton rezone 3. DA and OD); Approve appointment of Adam Garcia as a regular member of the Caldwell Design Review 4. Commission for his first regular three-year term beginning January 1, 2012 and ending December 31, 2014; Approve appointment of Gene Gunderson as a regular member of the Caldwell Dog Park 5. Committee with a term expiration date of December 31, 2012; Approve appointment of Brian Billingsley to the COMPASS Demographic Advisory 8. Committee; Approve appointment of Dave Marston to the COMPASS Regional Geographic Advisory 9. Committee; Approve appointment of Robb MacDonald to the COMPASS Regional Technical Advisory 10. Committee; Approve Resolution No. 171-11authorizing the execution of the Cooperative Agreement with 11. Idaho Transportation Department regarding the widening of US Highway 20/26; Approve Resolution No. 172-11 accepting the Warranty Deed from the St. Luke’s Regional 12. Medical Center for right-of-way along US Highway 20/26; Approve Resolution authorizing the execution of an Service Contract with Billing Document 13. Specialists (BDS) for credit card services at Caldwell Development Services located at 621 Cleveland Boulevard; Approve request to waive the rental fee of the Caldwell Train Depot for the Idaho Special 14. Olympics (Caldwell Wildcats Team) fundraiser event on December 10, 2011. MOVED by Callsen, SECONDED by Blacker to approve the Consent Calendar as presented. Roll call vote. Those voting yes: Callsen, Dakan, Blacker, Ozuna, and Hopper. Those voting no: none. Absent and/or not voting: Sobba. MOTION CARRIED OLD BUSINESS: (CONTINUED 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 Mayor explained the legislative process for consideration of an ordinance and declared the hearing continued and open. Brent Orton, 621 Cleveland Blvd., reported that changes, which were consistent with recommendations from the last public hearing held on November 21st, have been made to the document. Such changes include: 1) The updating of references to the Caldwell Stormwater Management Manual to be consistent throughout the document. 2) The reference regarding compost piles on page 6 of the ordinance has been removed. 3) A minor change under the “Applicability” section on page 5, noting that the intent of the proposed ordinance was meant to apply only to storm drains that affect the municipal separate storm/sewer systems (MS4). (Mr. Orton clarified that that those storm systems that do not inner-connect to the MS4 systems, are not under the jurisdiction of this ordinance.) 4) Any reference to the Public Works Commission throughout the ordinance was amended to read Public Works Director. By request of the Mayor, Mr. Orton gave a brief synopsis of the ordinance. He noted that the ordinance has come before City Council due to a permit issued by the EPA to the City of Caldwell known as the MS4 Permit. The City of Caldwell and Nampa (and other jurisdictions of similar in size) became subject to the requirements of the MS4 Permit in 2009. The ordinance address items which are able to be discharged within the storm water drain system as well as unacceptable items. The Mayor noted that these regulations were mandated by the federal Environmental Protection Agency. This ordinance puts the City in compliance with such federal regulations. MOVED by Hopper, SECONDED by Callsen to close the public hearing. MOTION CARRIED (CONSIDER BILL NO. 25 [ORDINANCE NO. 2884] FOR STORM WATER MANAGEMENT AND DISCHARGE CONTROL ORDINANCE 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 DELETING CHAPTER 13, ARTICLE 1, SECTIONS 13-01-01 THROUGH 13-01-15, INCLUSIVE, IN ITS ENTIRETY; ENACTING A NEW CHAPTER 13, ARTICLE 1, SECTIONS 13-01-01 THROUGH 13-01-07, INCLUSIVE, ENTITLED THE “CITY OF CALDWELL STORMWATER MANAGEMENT AND DISCHARGE CONTROL ORDINANCE”; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; AND REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS AND MOVED by Hopper, SECONDED by Dakan to sponsor Bill No. 25 (Ordinance 2884), move for its passage, and approve the summary for publication. Roll call vote: Those voting yes: Hopper, Callsen, Dakan, Blacker, and Ozuna. Those voting no: none. Absent and/or not voting: Sobba. MOTION CARRIED NEW BUSINESS: (CONSIDER BILL NO. 30 [ORDINANCE NO. 2889] AMENDING THE CALDWELL CITY CODE PERTAINING TO THE USE OF LIENS FOR THE COLLECTION OF FUNDS WITH THE REQUEST TO WAIVE THE RULES, PASS ON THE FIRST READING, AND APPROVE THE SUMMARY FOR PUBLICATION) th Aaron Seable, 1303 12 Avenue Road, Nampa, provided the staff report concerning the ordinance. He noted that the proposed ordinance was drafted to address the basis for filing liens by City staff. The Mayor read the ordinance by title only: AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL AMENDING CHAPTER 4, ARTICLE 4, SECTION 04-05-10 OF THE CALDWELL CITY CODE PERTAINING TO THE COLLECTION OF COSTS ASSOCIATED WITH DELETERIOUS DISCHARGES INTO THE CITY’S PUBLICLY OWNED TREATMENT WORKS, AMENDING CHAPTER 5, ARTICLE 9, SECTION 05- 09-03 PERTAINING TO THE COLLECTION OF FEES FOR STREET LIGHTS, AMENDING CHAPTER 10, ARTICLE 3, SECTION 10-03-13, PERTAINING TO THE USE OF LIENS IN THE COLLECTION OF ADMINISTRATIVE FINES AND COSTS UNDER CHAPTERS 11, 12 AND 13 OF THE CALDWELL CITY CODE, AMENDING CHAPTER 10, ARTICLE 8, SECTION 10-08-02(4)(C)(1) SO AS TO PROVIDE THAT A VIOLATION THEREOF CONSTITUTES A NUISANCE WHICH MAY BE ABATED BY THE CITY, AND AMENDING CHAPTER 10, ARTICLE 8, SECTION 10-08- 02(4)(C)(7) BY DELETING REFERENCE TO THE USE OF A LIEN IN COLLECTING FINES ISSUED THEREUNDER; 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. 30 (Ordinance 2889) on its first reading by title only. Roll call vote: Those voting yes: Hopper, Callsen, Dakan, Blacker, and Ozuna. Those voting no: none. Absent and/or not voting: Sobba. MOTION CARRIED MOVED by Hopper, SECONDED by Ozuna to sponsor Bill No. 30 (Ordinance 2889), move for its passage, and approve the summary for publication. Roll call vote: Those voting yes: Hopper, Callsen, Dakan, Blacker, and Ozuna. Those voting no: none. Absent and/or not voting: Sobba. MOTION CARRIED (CONSIDER BILL NO. 32 [ORDINANCE NO. 2891] AMENDING CHAPTER 1, ARTICLE 7 OF THE CALDWELL CITY CODE TO BE CONSISTENT WITH THE RECENTLY AMENDED IDAHO CODE 50-412 CONCERNING ELECTION PROCEDURES WITH THE REQUEST TO WAIVE THE RULES, PASS ON THE FIRST READING, AND APPROVE THE SUMMARY FOR PUBLICATION) th Avenue Road, Nampa, provided the staff report. He noted that the ordinance Aaron Seable, 1303 12 is a housekeeping issue to bring the City Code in compliance with recent changes made by the Idaho legislature concerning election procedures. The Mayor read the ordinance by title only: AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL AMENDING CHAPTER 1, ARTICLE 7, SECTION 01-07-03, OF THE CALDWELL CITY CODE, TO BE CONSISTENT WITH RECENTLY AMENDED IDAHO CODE § 50-412 REQUIRING THAT THE COUNTY COMMISSIONERS CANVASS THE RESULTS OF ALL ELECTIONS, AND DELETING CHAPTER 1, ARTICLE 7, SECTION 01-07-05, TO ELIMINATE REQUIREMENTS FORMALLY MADE OF THE CITY CLERK WHICH ARE NOW THE RESPONSIBILITY OF THE COUNTY CLERK; 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 sponsor Bill No. 32 (Ordinance 2891), move for its passage, and approve the summary for publication. Roll call vote: Those voting yes: Hopper, Callsen, Dakan, Blacker, and Ozuna. Those voting no: none. Absent and/or not voting: Sobba. MOTION CARRIED (FINANCE AND HUMAN RESOURCE REPORTS) Councilman Callsen reported that the Finance Committee has reviewed current accounts payable in the amount of $363,160.49 for the period ending November 23, 2011 and net payroll in the amount of $258,411.52 for the pay period ended November 19, 2011. MOVED by Callsen, SECONDED by Blacker that accounts payable in the amount of $363,160.49 represented by check numbers 82059 through 82222 and the total payroll in the amount of $258,411.52 represented by check numbers 22549 through 22583 and direct deposits be accepted, payments approved, and vouchers filed in the office of the City Clerk. MOTION CARRIED (COUNCIL COMMENTS) All council members acknowledged the spectacular Night Light Parade and the outstanding attendance. Councilman Ozuna asked about nuisance issues concerning the migration of crows back into City Limits. The Mayor stated that an ordinance was put in place a few years ago which allows the Caldwell Police Department to control them as needed. Complaints concerning the crow population should be directed to the Chief of Police. (MAYOR’S COMMENTS) The Mayor gave a brief history of how the Winter Wonderland came into being. He stated that his father loved to decorate with lights for Christmas at his residence each year and strongly encouraged the Mayor to research the possibility of using Christmas lights along Indian Creek as a “Winter Wonderland.” During the construction phase of Indian Creek, the Mayor contacted the City Engineer and asked that the electrical plan be redesigned to accommodate an intense amount of lights that is now used to decorate the area for the Christmas season. He reported that there were nearly 6,000 th people in attendance at the recent Winter Wonderland event on November 18 and approaching 10,000 rd people watched the Night Light Parade on December 3. The Mayor reported that he recently attended the National Rodeo Finals in Las Vegas and noted that The Caldwell Night Rodeo was ranked in the top five nationwide. He congratulated the Caldwell Night Rodeo Board for their efforts and all of those involved in making the Caldwell Night Rodeo one of the top five rodeos in the nation. The Mayor reported on the recommendation by the Golf Board for the continuance of year-round passes at Fairview Golf Course but reducing the use of passes at Purple Golf Course from February 1 to November 30 each year. He emphasized that this only comes by way of a report to Council. This th item will be forthcoming as an agenda item at the City Council Meeting to be held on December 19. The Mayor reported that the Caldwell Chamber of Commerce has expressed interest in the lease or purchase of the building located at 119 South Kimball. Discussion followed with the recommendation that the Mayor further pursue this issue with the Chamber of Commerce and report back to Council with any findings. Councilman Hopper stated his support concerning such an option. Upcoming events: December 6 Mayor’s Cup Challenge – College of Idaho vs. NNU (Basketball) December 6 Mayor’s Youth Advisory Council Meeting to be held at 6:00 p.m. December 10 Ducks Unlimited Fundraiser Event at O’Connor Event Center December 13 Employee Recognition Ceremony at Caldwell Police Department and a taco bar dinner for the employees and their family members will be available in the TVCC Building. December 23 & 26 City Hall closed for the Christmas holiday. (ADJOURNMENT) MOVED by Hoper, SECONDED by Blacker to adjourn at 8:10 p.m. MOTION CARRIED th APPROVED AS written THIS 19 DAY OF December , 2011. Mayor Councilperson Councilperson Councilperson Councilperson Councilperson Councilperson ATTEST: City Clerk