HomeMy WebLinkAbout1990-06-18city council minutesBao], _
REGULAR MEETING
June 18, 1990
7:30 p.m.
The Meeting was called to order by Mayor Dakan.
':age 109
The Mayor asked that everyone stand for the Pledge of
Allegiance to the Flag.
The Roll of the City Council was called with the following
members present: Raymond, Valdez, Nancoles, Murdoch, Jarboe,
and Houchins. Absent: none.
(ADDITIONS TO THE AGENDA)
As there was no additions or deletions to the prepared
Agenda, the Mayor declared that the meeting would continue as
outlined.
(AUDIENCE PARTICIPATION)
Mayor Dakan asked if there was anyone from the audience who
cared to address the City Council. at this time with an item
not included on the prepared Agenda.
Camilo Lopez, 1721 Roosevelt in Caldwell, was recognized by
the Mayor. Mr. Lopez commented that he would like to suggest
that the City consider having more auctions rather than
increasing taxes. He attended the Police Department's
auction and felt they were quite successful in their selling.
(CONSENT CALENDAR)
The Mayor presented the items on the Consent Calendar as
follows:
1. Dispense with the reading of the minutes of the
Regular City Council Meeing of June 4, 1990, and approve them
as written;
2. Accept the minutes from the Caldwell Airport
Commission Meeting of June 7, 1990, and the minutes of the
Library Board Meeting of May 3, 1990;
3. Approve Catering Permits for the Northwest Food
Service to cater on June 23rd at - the Simplot Dining Hall for
the Democratic Convention and for the Elks Lodge to cater at
the Caldwell Airport on June 24th for the Air -A -Fair;
4. Pass two Resolutions authorizing the execution of
Hangar Lease Agreements with Dr. Paul Collins and Mack
Kreizenbeck. Resolutions were as follows:
RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A
HANGAR LEASE AGREEMENT BETWEEN THE CITY OF CALDWELL AND MACK
KREIZENBECK.
BE IT RESOLVED That the Mayor and City Clerk of the
City of Caldwell, be and the same hereby are, authorized to
execute that certain Hangar Leas: Agreement attached hereto
and made a part hereof as if set forth in fu 11 by and between
the City of Caldwell and Mack Kreizenbeck.
RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A
HANGAR LEASE AGREEMENT BETWEEN THE CITY OF CALDWELL AND DR.
PAUL COLLINS.
BE IT RESOLVED That the Mayor and City Clerk of the
City of Caldwell, be and the same hereby are, authorized to
execute that certain Hangar Lease Agreement attached hereto
and made a part hereof as if set forth in full by and between
the City of Caldwell and Dr. Paul Collins;
5. Award bid for waterline: extension project No. 1,
12th Street (Elgin to Logan) and No. 2, 5th Street (Main to
Grant) to the low bidder, Brown Construction who bid
$78,625.00 for project No. 1 and $29,235.00 for project No.
2;
- c _r. an _` - R , 1 7 ney J. 7 ) - oover 'to
Deny req frol"',
be ed i the MUniCj-, 1 1 t D strict
Z_�c I ion i
to _ iEac' that i coll.� ca a negative
f
ncie . impact on Calc� 1`1 : IcIpa.l_ 1rrigeJ_
Di _.ricz cou dim _J"n_Js' the aml",ciunt 0.` 1,7ater availab7.2 to
to _:_"neer 1Dis`(, and t-- request be
on to - .:. , .oneezr for their c , _ , -erminat- - -on.
7. ` t a to �:r a t secs i b e sc ��or 9th
at 71.00 a t Cl A'. Y H
MOV7 ',)y Rav orid, ISEICONDED b NancD to cne Consc�) t
as r:_.senteo the
ca vo te. Tho,ce vot Yes." 7 Val'llr'ez,
Na - as . Jarbcc, and J chins. Those -, no:
none, Absen11 and no voting- none
OTTON
OLD BUS..__'
(SECOND RE C_-F r,l LL NO. 24 - CATION 0� FIRS -'\VENUE ETWEEj�
GALVESTON rRONT,�..)
1
Ma� - :sad No. 21 by tit_] on.11/ �
'_RDINAi PEC'.F�'_ 'NIG PET].' TTON FC VACA'1 ON AND P-7CITING
AP?c`OPRIATE i =TOTTC T'TEREFCR7 WAS G1 DIF,7`77MINI\':' THAT
VAC A'1.__')N OF THE __-'r'AT OF S")TDEN G. ADD T ON,
7N THE CTTY 0' CALDWELL, CANY� " COUNTY, IDAHO, DESCRI'
7
7 1, OW, j, LL EE C. 3 IVADE; DETE " ".WING VA":,- OF
l
S FO L,' 71NG S'.7 7 7ETS - IN TI�E' BEST .' . T ..F E R E S f
rol- -v C7 OF C ' I -,T 1O.
The ayor ci clared ,,his to be the ._, cond of Bill 1 1"o.
24.
(PUBT, HEAR ;r:! ON 9 SALE 7 EXCES.L_ PROP 1v:T _ LOCA'_1'F,0 ON _
Ma Daka the asked - ' - F
anycn. signet -lp to s%? to C'nis i As t!=e w n. s, no one,
ca . d or. Plal-ing to
p :went bac'.<, ci) the
Mr - Doks that )-%. April 199 the C..'Lty Counc�.l
adop an crrinanco all e mss of J_
C-Ir p -t
2 7 , ,tent sell c_ public, Fur
t o r (a ea n c e d : c l a r e oi a- t a i c z f - -w rin g c � to - r e 1 d
or e fay c - 90, in e Calf -.-ell Ci..-y Council
Cha -rs at -1 me PUD tes: _11TIony be taken ar-1
s 'd C -
a- was t_ be so at � � �nuctioj- to ti,
! , '�idde The `.ncaticn of th nrcper v was -1t the
sc_ corner of Front Road end Ilj_. A nu e
ac s = uby P;' r' <.
The Hs-� was closet, - ;_7 the
(AUCT ._)NT OF ".CESS JOLT'
The v st, thn'E the ne. ord, of wc�:Id be i_o
open meeting for the o" the ac.cess -1 cy.
A~ter op: meet for auctic he _ ked if - -here
vi.,s,: anyc a - :7ho to on c- orope",.v as 1 1-i -,, crib c cl
Dan %'.",.rray, ::Ieprese:-.tativs from Stc%zes, wa7,
-ecoa.,
e d a bi 000 v,' j, ch was ; ap :,., aised ice of
As -,. no bids- the M,,,;or dec 1_^ aucl : 0, n
clos and t, City - ounc-L-1- - to acc,,ot Ll-lc bid o-
,,46,00: , From Murray.,
M0 ,-17 by titancolas SECONi) by 111 1.rdcch 'Lnat the 'aid frorl -Mr.
Book 31
Page 111
Murray, in the amount of $46,000, the appraised price, be
accepted for the described property.
Roll call vote. Those voting yes: Nancolas, Murdoch,
Jarboe, Houchins, Raymond, and 'Valdez. Those voting no:
none. Absent and not voting: none.
MOTION CARRIED
(PROTEST HEARING ON L.I.D. 90 -1 - TINNIN SEWER)
The City Engineer, Wally Cory, gave a brief background report
on this item. Mr. Cory explained. that this was in response
to a petition submitted by the residents on Tinnin Lane
requesting that a sewer extension be constructed. On May
21st, the City Council approved a Resolution of Intent
establishing a public hearing on June 18th to hear comments
and protests on the proposed L.T.D. Predicated upon the
results of the hearing and if the Council determines to
proceed with the hearing and if the Council determines to
proceed with the District, the Resolution of Intent will be
confirmed and ratified. There was about 385 feet of sewer
line proposed to be constructed on Tinnin Lane.
The Mayor opened the Public Hearing and asked if there was
anyone signed to speak at this Hearing.
Mr. Melvin Chadbourne, 305 South Florida, was recognized and
stated that when they signed the petition, they understood it
was only an estimate as to the cost. Mr. Chadbourne further
stated that they were the only owners on one side of the
street. Over half of the property was pasture and they were
being assessed for that whole amount which he did not think
was right. The other side of the street was in need of a
sewer as it was crowded.
Mr. Chadbourne's further remarks are on the tape and will be
kept in the Office of the City Clerk for six months. Mr.
Chadbourne's letter is also attached to the minutes as
Exhibit 1.
After some further discussion between the Council Members,
Staff, and Mr. Chadbourne, the Mayor declared the Public
Hearing closed and asked the Council to take action on this
item.
MOVED by Raymond, SECONDED by Jarboe to ratify the Notice of
Intent for L.I.D. 90 -1 for the Ten.nin Sewer project.
Roll call vote. Those voting yes: Raymond, Nancolas,
Murdoch, Jarboe, and Houchins. Those voting no: none.
Absent and not voting: none.
MOTION CARRIED
(BILL NO. 25 CREATING LOCAL IMPROVEMENT DISTRICT 90 -1)
The Mayor read Bill No. 25 creating Local Improvement
District 90 -1 by title only as follows:
AN ORDINANCE CREATING LOCAL IMPROVEMENT DISTRICT NO. 90-
1 OF THE CITY OF CALDWELL, IDAHO; DESCRIBING AND SETTING
FORTH THE BOUNDARIES OF SAID DISTRICT; PROVIDING FOR THE
IMPROVEMENTS TO BE MADE THEREIN; APPOINTING AN ENGINEER;
AUTHORIZING THE ADVERTISING FOR BIDS FOR SAID WORK;
PROVIDING FOR THE ASSESSMENT OF COSTS AND EXPENSES OF
SAID IMPROVEMENTS AGAINST THE PROPERTY WITHIN THE
DISTRICT BENEFITED THEREBY AND THE METHOD OF
ASSESSMENTS; PROVIDING FOR THE ISSUANCE OF LOCAL
IMPROVEMENT DISTRICT BONDS AND WARRANTS; AND PROVIDING
FOR THE PUBLICATION AND EFFECTIVE DATE OF THIS
ORDINANCE.
MOVED by Raymond, SECONDED by Jarboe that this be considered
Book 37- Page 212
the rea - q of 3KI No. 25.
Ro'.l call Vote. Uhnse vu;Ang yep Raymont, Valdez, Nancolas,
Mu . B ch, Ir- -.- b oa, n d H c -- h i n s. Those
voting
Abs(- and cc voting noT
(PROTSS HEART ON 90-2 - TER 7 SEWTn,-,1
Mayor Akan oponed the Public searing on the proposed L.I.D.
90-2, Tsrrace Snwer, ard requested that the City Engineer
giv, some vackground info.-.'mation this
Mr. Ccry stated that they were again responding to a request
for a Local improvement District which was jrl 1989
by petinlon. Cn May 21st, Cite Counc-', approv =ed a
Re glut ic A of Inunnt nst2hlishAng a public hearing an Dune
18 to heFr comments and protests on th, prcpossd L.l -D.
Predis2ted uyo- the results oZ the iicaring -,in if th-, Council
determ.res to proceed ;pith the Distrirt, the Resolution of
i7tent l be tten be - ntifie� and t Ordinarce creating
tie District consiCnred.
Mayor Dakan informed 7ouncil that a ramber cf people signed
to spea at to protest hear l BocE, of number, the
Mayor ask?d that:: they linit their rema:i- to minutes.
F_ ten !otters concerning this ). 1 I.D. v7c recc-
in one Offics of the City Clark and are included with the
minutes of this meeting as 2. The as -'
above, will be napt in the OfFice of t e City Clerk Scr MY,
months.
The 1DIlowing people addressed tha Mayor and City Counci.7-
with ragard to the proposed Local Zmprovement Distric0
Roger Elsenbarth, 231C Terrac, Dri Earl, "riest, 2501
Te7race C7ive; Eiji Renchetti, 2309 cTrace Drive; 7rank
Bu =la fro 7 Blakely Butunia Englosers; David Kerrick, 2005
Scut - Tent,. and Budd Knne, 2435 Terrace Drivo. i ann o
Ronchotti, 2309 Terrace Drive; Evamie Brown, 126 West
Belmont, and joyce Heat, 2416 Stasta Wey signed but declined
ocPmentirn because their remarks --,re a]---
The a.Vor toon askei for - From -he City Counc.5
Members. A nay5ar of Tiostic were i to Mr. E)uturia
and to Ohs City Engineer and his Sty T. Mayor Dakar then
c1csed tre Public Tearing and as. : the 7",ty Co r,cil to take
acv-" on
St was MOVED by Nancolas, SECONDI:S by loch t: deny
ratification of the Notice of Intent on Local Improvement
District 9C-2.
Roll oR11 vcte. Thosa voting yes. - ' , 1urdcch, Jarboe,
Houchins, Raymond, and Valdoz. ThCSS vx0mg no: none.
X:. &. not v,aing: gone
MOTION CARRIED
NEW SUSINE�
(PUBLIC HEARING ON THE 71LEY FILL REZOVE REQUEST FROM R TO 3 - 3-
20)
Mayor fakan asked On Plan..' n and Toning Tlirec0w Mr.
Crooks, �, give some background information on this request
fc a zone change.
Mr. Czooks eyqlaine�
that at their may 10
meeting,
tho
Planning and
Zoning Commission considered this
item
and made
a recommendation to the City Council to change
the zoning
an
thF subjcct
property from R whicA is
low
density
resitential
to R-3 which is a aredium rnnge
high
density
resiGential.
This s8me sits; was the subje� t
of
a recent
Book 31
Page 11.3
annexation to the City and also the subject of an amendment
to the City's Comprehensive Plan from low density to high
density. The recommendation was for the City Council to
approve this zone change request. Mr. Riley Hill was unable
to be at the meeting this evening due to another commitment.
He did ask that his comments be forwarded to the City Council
that he was in agreement with the recommendation and reports
that have been presented to the Council.
The Mayor opened the Public Hearing and asked if there was
anyone who cared to speak to this item. Mr. Crooks stated
that no one signed to speak. The Public Hearing was then
closed and the Mayor read Bill No. 27 by title only as
follows:
AN ORDINANCE CHANGING THE ZONING OF CERTAIN PROPERTY
WITHIN THE CITY OF CALDWELL, IDAHO, FROM R -1 (LOW
DENSITY RESIDENTIAL) TO R -3 -20 (HIGH DENSITY
RESIDENTIAL; MEDIUM RANGE); DETERMINING THAT SAID CHANGE
IN ZONING IS IN THE BEST INTEREST OF THE CITY OF
CALDWELL, IDAHO; INSTRUCTING THE PLANNING AND ZONING
DIRECTOR TO DESIGNATE SAID PROPERTY AS R -3 -20 ON THE
OFFICIAL ZONING MAP; AND REPEALING ALL LAWS, ORDINANCES
AND RESOLUTIONS IN CONFLICT HEREWITH.
MOVED by Houchins, SECONDED by Valdez to suspend the rule
requiring that a Bill be read at three separate times and
that the Bill be read in full for one reading.
Roll call vote. Those voting yes: Houchins, Raymond,
Valdez, Nancolas, Murdoch, and Jarboe. Those voting no:
none. Absent and not voting: none.
MOTION CARRIED
MOVED by Houchins, SECONDED by Nancolas that Bill No. 27 be
passed after the one reading by title only and that it be
entitled Ordinance No. 1863.
Roll call vote. Those voting yes: Houchins, Raymond,
Valdez, Nancolas, Murdoch, and Jarboe. Those voting no:
none. Absent and not voting: none.
MOTION CARRIED
(PUBLIC HEARING ON APPEAL SUBMITTED BY VAN SLYKES REGARDING A DAY
CARE FACILITY)
Mayor Dakan again asked the Planning and Zoning Director to
give some background material on this item. Mr. Crooks
directed his remarks from the memo distributed to the Members
of the City Council as follows:
On May 10, 1990, the Planning and Zoning Commission approved
a Special Use Permit application which authorized operation
of a child care facility at 2804 Twilight Street. As part of
the approval, the Commission imposed certain terms and
conditions.
The original applicant, and appelant, Jeannie Van slyke, has
filed an appeal of two of the conditions (Number 7 and 10).
These conditions read as follows:
No. 7 "In addition to the owner's children, the maximum
enrollment shall not exceed ten (10) children at
one time."
No. 10 "Solid type fencing, six feet in height, shall be
installed along remaining property lines adjacent
to the rear yard in order to minimize noise and
other possible impacts. These improvements are
to be installed no later than sixty (60) days
after the date of this approval, a time frame
ending July 9, 1990.
Book 3],
nqe in�
It is the desirs of th,: appellant Lo have a maximum
enrollment u! twelve (12) whildren rather than ten. Also,
the aygn11ant „ishes to delete the rcquirevent to install
fencing primarily on ths bas of cost and - -here is not
ccn3ensus among the adj2cont property o=ers regarding the
stln? and One of fencing W be insb-,.11ed, The al
indicated that they Ymuld be wi=in,-, :. ccns
of wood slat inserts in lieu of the a:.::_id fencing.
Prefera y, they wish instal 1 the slats along the west
pTomerty :fna on
The is reminded of the definition of child car .-,
whici is as lows:
11 auy place of business cz establishment operating
within the City by taking fi7e (5) or more children
!
Un t 4 e a g e of t I v e ' _ 21 an x c I u T), g t'r";:�
pronietoNs child en} at tin fe to for or attend
to Enr any part cY twenty four (21) hour day. Ord.
Con s2nnently, chili care services can Ni offered in
residential setting wnthout F speciET use po-mit provided
arsollmenk is limited.
In considering this special use permit, z_' Planning a-,�f
Zcn ..- Comm ion p_ 'c __ enrcllment at ten
childrsn becavae that was wi - t ',h the
aynlica� Ws original ,:equal,: and operac
A! increase in student en7ollment to twelve may not
be sfvnific2nt, the increase in too level of intGnsity c
operation coy lf be of concern to neigbboring property owners
who wens left with an anderstanOing that a spncific limited
number of childryo woul on at one - -ims.
The D.amiss a2 also determina.,.. tha was a_.cumbo-,zL upon
applinont to •vrround the rear yard and play area solic.,
six foo� high fencing as a moars of attenucting noise and
re_ievinq adjacent proporties fiom othT7 potenwial adoerse
imponts. There was some recogni tion the of the
Commission regarding fencing issues. Howaver, it was the
deter-tnation of the Commission that it was the
respons Ality vC the a7plicann as i._ ate 7 the s;�
us =: in top resincotial zone, to resolve Moan issues ,.and
comnly witt- the condition in a satisfactory matter. The
was t ;4eny 1 - . , . appe and u,.-,hold the decisicr
of the "' and Zcn.
Thu Public Hearing was ap_-red by - :w Mayor and the folloving
peoDIS signal to present testimony - , -, ith r,,-rd to his ap]�c�.
,, l
st
requaed by t n s: he Van. Slyke EverBKQ Jones
._ , 2612 Twilight
Street nho presznted a letter Orom Dr. T,aens]_. syplain_ng the
need for quiet in the neighborhood because oF Mrs. jones's
illness; inannie van Slyke 2804 Twilight, enplained bar
reasons fco asking for W✓ s appeal; Ternsa Salos, 1213
Dearborn; Kelly Daylong, 256 2L_'26; Van
Slyke, 2804 Twilight; Korinns Sward, 2811 ailight; Tanya
innes, 2612 Twilnght; ant Camilc Topez, - 721 Rscsevel This
pc :,ion. of the tape is alsa on fij a in tha Office of the City
Cl� for oLs months and is avail ahle for anyone caring to
revier it.
A zumber of que5t 'ons •eTv askeo '� - )y the 7ity Cc cil Hembers
ann there 7zs a gr2at deal of discussion rogardirg the fence
arc mber " chi n.
The Maynr then closed the Pub, ic Heari7g and asked tne City
Cc ncil to make a deterninatioc on the appeal. Councilman
Ray and stated tha he wcn, d prefer making two motions; cne
regarfing ths children and one regarding the fence. I t w as
then LOVED by Raymond, by tj the a
upheld and that the applicant bo al lowed twelve chi ldr2n as
st,>ted the State Lic,,:�nos.
Roos 3?
aqe 1.1.E
Roll call vote. Those voting yes: Raymond, Valdez,
Nancolas, Murdoch, Jarboe, and Houchins. Those voting no:
none. Absent and not voting: none.
MOTION CARRIED
MOVED by Raymond, SECONDED by Houchins that the appeal be
upheld and that the fence not be required.
Roll call vote. Those voting yes: Raymond, Valdez,
Nancolas, Murdoch, Jarboe, and Houchins. Those voting no:
none. Absent and not voting: none.
MOTION CARRIED
TheFindings of Fact /Conclusions of Law were as follows:
1. An appeal of the decision of the Planning and Zoning
Commission regarding a special use permit was filed in
accordance with the provisions of Section 6 -4 -4 of the
Municipal Code.
2. The legal requirements were done in accordance with the
procedures outlined in Section 6- 4 -4(c) of the Municipal
Code. Notice to the public was given on the appeal of
the special use permit. Property owners within 300 feet
of the subject property were notified and a public
hearing was held.
3. A public hearing was conducted by the City Council at
the scheduled time and place under the notice and
hearing procedures outlined in Section 6- 4 -4(c) of the
Municipal Code.
4. The appellant's appeal contested two of the conditions
of approval imposed on a special use permit granted by
the Planning and Zoning Commission on May 10, 1990,
which authorized the operation of a child care facility.
The two conditions involved a limited enrollment of ten
students and also a requirement to install fencing along
property lines adjacent to the rear yard.
5. Public testimony was given both in favor of and in
opposition to the appeal of the special use permit. The
appelant submitted a signed petition from some abutting
property owners objecting to installation of solid
fencing on the basis of incompatibility with the
established open style fencing theme.
6. The City council determined that solid wood fencing was
not a completely effective sound attenuation measure and
that installation of such -type and style of fencing
could adversely effect the open style fencing theme of
the neighborhood.
7. The City Council determined that the increase in the
enrollment from 10 to 12 students was negligible.
8. The City Council concluded that the granting of the
appeal of the two conditions of the special use permit
would not cause or result in damage, detriment or hazard
to persons or property in the vicinity.
At 9:07, the Mayor declared a short recess due to the length of
the Meeting. The Meeting was reconvened at 9:15 p.m.
(RESOLUTION AUTHORIZING A CARETAKER'S CONTRACT WITH MICKEY RILEY
AT THE AIRPORT)
Mrs. Ottens, Administrative /Personnel, informed the City
Council that this Agreement is an Independent Contractor
Agreement between the City of Caldwell and Mickey Riley. Mr.
Riley is employed by Green Arrow, Inc. and occupies the
Book 31
_
care --._tier's _.-iden at the Mr. R_'lleY will replace
Whitne Smith the ca P aca. and 1 rec. the
th
sF.me of $5__7 per month. T ..-., Airpc Comm ion ap7l.roved
t`,. Agr - _ - =t at - , - heir c June 71, 1990.
The was &s 'Follc�,7s.
RESu-.UTI 0�7 7UTH0 ' MAY(. AND C CLT_" To
E X E C - E AN P.C,,'?EEMEII, BETWE_ THE r,----y OF C,.._,.DWEL__ /
MICKE
BE RESO "j l, `= That the Ya—_)r an.. f C.-erk of
th 7ity cf. Calo and same hereb-, are,
authc_: 1,:_! exec _s; that c l:rtain 'green l.c;!. att&.
1 ,eretc:. nd ma ae a ]par - C ',-, c C i s f orth fu _ I i 3y
- -�- -n 71ty of - aldwe_ : ._ 7 and -, '.,'ckey R� 7
, 1 1 f be -i _ the ey f
t pure of Arm T,, Car takes t the
MOl ' by M : S Val.c to the
autnc_'::'7ing execll'l�. of A9.1 Micl Rilev
i^r the: as Ai-port
Ro Cal vote. Those - votin-�,, - ,,es - . ' Jarboe,
Ho lns P.� Va �7.id "hose 7, cting v)o',
none L
i 7 \bser, -- en no t v7)tina: none,
T
-,.,TIOI\ C,
(CONS !DE .11TION C7 THE
T Ile M_-vlc--
spok-., to thc City il 7 r.s to -:__.
few
'-n. the He - �d ndp - oiincil
- hat
the voted
`. renev: the car `gage pic.;up anr, disposmi. con
e a.rv
wit l:: �'F_I-
'.t th «t ime was c _J d e d to it
ou
or 0,1_
Ti renewa.- was a fe c nangcs ,o
t h C_
contrac-
The ha� �c dea-I - ,7ith _,ction /'_02
-
mc - - Lficatl� 7 . , = ,
to 7� th the ',: was tied t
the
P:
-C �l ng at -our rsr;.�_I.est ,
Ind.e: The 71sw wc"ZI. I l
n o7.17
ties -- ate
to
Other - . , iere c 1 e a n - _�T,�)
ti - ie
c c n t r a c
The - rsemen is ef j " r Cti 1 t 1995 - C -
tl a
yee'r
MOVEI ', y Ho '. -..ins, Sj'. I-ly Mur6c to a_-; the Contrac
as wr eff thri.,. 1 -995 w... a f, year zenewal
a, that
Call .rote. Those voting - yos: ilc�l_ chins, Paymonj,
Val <- z., Nar and voi. nc:
none, not , )ne.
N _' 1 1
'. 1-71ON !ED
(REVOCAT-"ON OF 13 LICZ'K;7 AND 7ARTElNlL_R'S Pr, _I AS
BY THE CHIT: OF
The Mayo_ M ated - St Law rc, , at if the Chief of
P o 1 2 s ec I a ca- _;s to revo - .3 b eer a b L, r t e n a e
I i c e he is t maka his c.aues wri _ g to e Ci _�;
Counci- and - to `_he aff -ca--t:ie S 7 . - 71- S has been d=e by
tl Pol_ Chief- The `C,I, hc!6� a hea-� 7
al
t s rea cns
h Chie - f giv e J and the to 7espon' if
the 17 Tare The Council c_-,n choose to take comm - ,s
from e P u _ c if o des -2d.. ter ri ring 1 the
c:)mmen the base nn tcs - ,,monv
A n recci.�_,ea-d fro:", the Cll-_J_ef of Police I the :I!aycr - f.
City '_.',-ncil as :Col -lows
As a re of o l - rec inves`_ concern�nq the .ing
of T_a",, I *,7ijj '00,
i, ng the, Counci to re
the =tender=, licen�;as of s�°t7sral jccole cc nected ;.th tla.I_l
Took 3?
Dane 1?7
business. I will also request that the beer license of the
King of Clubs be revoked. I will present these issues to the
Council at the June 18th meeting.
I will present evidence to show - the continuing problems of
violence and drug use that have occurred since it's original
license was issued in May of 1989. Additionally, I will show
how our investigation lead to the arrest of the licensees
for racketeering charges. These charges are the result of
our documentation of receiving stolen property, gambling, tax
evasion and drug violations. A letter has been sent to the
licensees advising them of my intention to do this and
advising them of a time and place to be if they wish to
respond.
Mayor Dakan further stated that this was a hearing pertaining
to these licenses and he would open the meeting for that
purpose.
The Mayor
then recognized the Chief of
Police, Bob Sobba, who
informed
the Mayor
and City Council
that he had several
witnesses
and with
their permission,
he would like to ask
them some
questions
with regard to the
request to revoke the
licenses.
The Chief of Police proceeded with his presentation asking
Detective Allan Laird and Police Officer Chris Rose to
testify with regard to the proposed revocation of bartender's
Licenses of those working at the King of Clubs and also the
proposed revocation of the beer license at the King of Club.
Mr. Sobba explained that there has been a lengthy
investigation at the Club which was pending in criminal court
with racketeering charges and other charges that will be
forthcoming in a very short time. The Club has been closed
down and is not running and to his knowledge none of the
licensees were serving beer at any other place. All were
notified by certified mail of this hearing in case they
wanted to appear and make a presentation. A return was
received of the certified mail being accepted except for one,
Sharon Shaw, and the Post Office could not locate her at the
Boise address. The Chief then continued with his questions
of the two Officers. The tape is on file in the Office of
the City Clerk for review and will remain there for at least
six months.
After completing the questions to the Officers, the Chief of
Police read the following portion of the City Code pertaining
to Bartender's Licenses and Beer Licenses: "4 -24 -2:
QUALIFICATIONS: The applicant shall promote compliance with
the laws and regulations to insure the protection, welfare
and safety of Caldwell citizens. Any violation of this
provision may result in the immediate revocation of the
individual's bartender permit. 4 -24 -6: REVOCATION OR
SUSPENSION: The City Council may, after conducting a review
of the facts and giving the bartender a hearing as outlined
below, suspend for any time period or revoke the license of
any bartender who:
(A) Violates any of the qualifications of this Act.
(B) Violates any of the provisions of this Act.
(C) Allows, condones, or has knowledge of any illegal
activity on the premises of where he /she is serving alcoholic
beverages."
Pertaining to the Beer Regulations: "4 -7 -6: REVOCATION OF
LICENSE: The right shall be and remain at all times vested
in the Mayor and Council, and the Mayor and Council may, as
hereinafter provided, revoke, cancel or suspend any license
for fraud and misrepresentation in its procurement, or:
(A) For a violation of the letter, spirit or intent of
any other provision of - this Code or of State Code,
or of United States laws regulating beer.
(B) Or for any conduct or act of the licensee or his
employees or any conduct or act permitted by him or
them on the premises where such business is
Book 3' I T a
cond t�d, c _: con _, or adjacent
busj_, or s�,�.ch
- eretc, to rc% - .er s
s cc ted as a pub li. ` ;
nu,_ ance o menace the �Ilcalth, P,� ace, ,�fety 0--
gena: we Of City,
T P o 1 C h -J- fu s _ - -at dlir pis
pres„;-tatica, some -)f the c, , - ,-s shov' F-,
All the anc. -the- wc takc days
presen.1 Since this Openc Up, :::).ere i7 been.
nll..il�erouc, -.ally :,oncer:7 g vio..=nce, _` use:, drug ,,•sers
and and .etc. Sc -, e n
pecc, are unde and I.hree o. them hollf''r7_
of Seer cense. :is Chi sta`ccic' that would ask thc�
--ty evc' the the , �,J,
.7nca-1 �",c r 1� n s e c nq of
CI revo,< f "se indiviC'Tials
ou � ineca the - ,Thich liidcl`. Arac<� i Da:cn s,
L acy: Stacy - ,este.- Stacy, S'aaron Gcc)�_ Oc_ Na
Car- E-_., Lucite. ,-driqu-,. Wayna. Bull, Cin- Hill.
'ZI Mayer '`hen ELE- i` anycn2 in thc audienc who
ca._ to - , .sent - estz.moz , _7 at t tire pertaining to '::he
revcr;�.tion c: the
G:n.orge choa 1;esL7_ recc;,n ized. Yr. ccl.ca's ccc" -_ On
t< at Cal- ,, Y-11 P.1_`_ce Dc 'Irtment and the tape c' the
- m-_11tes is also in tlae Of fice of the r
C 1 e reM Ma"(� ICY Mr- Ocho
A Of a F
attac',-�f to zDF_e mina es as _'-
A s, there -a s n n -,- e e who C, e d t c, 9 s t i - f-, the - 7 0 r
for action the !.ty Cc',:r1cil,
It was MOVED by S_E - :ONDED Nancclas - L�-,at t1',c
T,' 7, ,
_cense�- revc.�
Thc� �Iayor arif - i the
_j, the
Licc-
for Kincr Cl 0.==; and t.-a L;_:_:anses 1`_cr thcs
people:; iscu tonic;',_ be re.
Rcl' cal, vote Thos_ votin.g
yes Jarboe, Hcuci�'-.
R end - v.n.. - dez, - Fancolas, and !-: • rdcch. Those voting
none Absen and not voting none
C A7R I ED
)TION '��
(RESOL__!.' AU'_' ORIZT G C_ EX E J 'TON C _ AN ` 7 11ITH
CHAMBER 0.- , COMMETIC7 FOR ._D= TCHES)
-,- ,he Cj`,77 was
M�' - vor exp se mcn� age
a by comp<-y clEiring - '.11 , D have - ourc�:i qd
a6-vc-,.:_ -, - - ights co, the vorious 1-1�. :oun6 'Ccwn.
--
wan c— a n A a -r a :� m. e n t Z:fom the al! c for the b-_nches t1c)
r ema i n: n the r_e,blic of - ,. , ay. At `:he Meetl:i,ng to
c,- . - s i d e _`, ar 'angemen we w, e inf P, ed by of
Co =ce _- - at the had fi ver n g r e
: Z
1 h e r nvsstigati on -2 a 1 :
benc' s,'nc- d thr I this s in ,1_1
true d th ° - h e Ch a.mber ha._ been this evenun.
for sG Tip or1g1 e.w... agreer wars Most and needs
t be re wed. to tn, 7ounci-I Minutes at tl time
t! q crigir_ 1 agree rant was approve the r, -amber to
put .. _ _ - the svenue; towar benef_� tla City a
TherG.acre, yc:r, will - , - ,(. , te in '. ?-hat = v have
`ca,ckec,. z_ tha'' �,. '7 con, , ; revci rec:r�ived
tr� -, ards beau ��1,ficat-r.Qn pro jccts.
The asolut was eLs follo'—
AUTFC__ 7 7 - 1 - -T7 MA AND `_'.TTY C1, TO
E_X__E_,1_1TE AN A''7EEME - B=iJfE!_;N THE TTY OF C.ILDWETT AND
THE C1_1. C_F�AMBEE. COMM'__
BE - 7 RESO.LV'ED Tha'. the V _ and City '_'_2rk cf.
City Calciviall, c and e sa s here'o-,. are,
Book 31 Page 119
authorized to execute that certain Agreement attached
hereto and made a part hereof' as if set forth in ful I by
and between the City of Caldwell and Caldwell Chamber of
Commerce for the purpose of placing benches upon the
streets of Caldwell.
MOVED by Nancolas, SECONDED by Valdez that the Resolution be
passed authorizing the execution of an Agreement with the
Chamber of Commerce for the purpose of placing benches on the
streets in Caldwell.
Roll call vote. Those voting yes: Nancolas, Murdoch,
Jarboe, Houchins, Raymond, and 'Valdez. Those voting no:
none. Absent and not voting: none.
MOTION CARRIED
(APPOINTMENTS TO THE BEAUTIFICATION COMMITTEE)
The Mayor stated that beautification projects were involved
with both City properties and private property. Inasmuch as
the City insurance has to cover the City properties, the City
needed a Beautification Committee:. The City Committee would
meet in conjunction with the Chamber Committee.
Therefore, he would propose that the following names be
approved as members of the City Beautification Committee:
Sue Schrandt, Pat Staples, Janey Page, Gary McCune, Phil
Frye, Brent Bevan, DeeAnn Batt, Teri Brandt, and Debbie
Vis.
MOVED by Murdoch, SECONDED by Raymond to accept the
recommendation of the Mayor of the appointments as stated.
MOTION CARRIED
(RESOLUTION - FUNDING RESOURCES FOR ASSOCIATION OF IDAHO CITIES)
Teri Brandt Ottens presented some background on this item on
the Agenda. She stated that on May 9th she and the Mayor
attended a meeting in Lewiston to discuss with other Idaho
cities the revenue picture. The City has no local control
over revenues and is dependent upon the State Legislature to
make changes to give cities more flexibility. At the
meeting, several potential resources were identified and we
would like to encourage the Association of Idaho Cities to
pursue these in the next Legislative Session. This
Resolution identifies some revenue. potentials.
The Resolution was as follows:
A RESOLTUION REQUESTING THE .ASSOCIATION OF IDAHO CITIES
SUPPORT CERTAIN POSITIONS RELATING TO FINANCING OF LOCAL
GOVERNMENT.
WHEREAS, The City of Caldwell is concerned about
the extent to which local governments in Idaho are
heavily dependent upon property taxes as a major source
of funding for services; and
WHEREAS, It is important that alternative revenue
sources for financing local government services in a
fair and equitable fashion be identified and made
available; and
WHEREAS, The use of alternative revenue sources
are proper, as long as they are based upon the cost of
providing a specific municipal service from the revenues
derived.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND
COUNCIL OF THE CITY OF CALDWE;LL, IDAHO, THAT:
Section 1: The Association of Idaho Cities is
requested to support including legislation that would
provide broad municipal authority to establish user fees
to pay for municipal services. These fees are to
Book 31
payn 720
include, but not be limited to the following; streets,
street lights, storm draiAage, s eet s sacurity
systmms, .uycic baths, fire, police, recroation,
sidwv Iks, nurbs =1 guttors, ince
traffin impact, wheal tax, oevelopment impact fees, and
`J charg�-
it �s the intent of this section that, in eacll-
casn, the amount o revenue to be qnnerated from tho fee
is vo be usen solely to pa f the costs of pnoviGing or
a s ��
i:crvicc_
S;otion 2: The Association of Idaho Cities is
c nouraget to supoort and legislation that would
amend the curre7t forrni:a by - ,�` , ich c ,stain state
co ted __ are allocate6 to the respective
municljolities in Idaho. Spe0fically, as it relates to
soles toz allocations, the City support legislation to
brmaden 44a base, provide sunset provisions for many
current ayempticn" ano to re-ise the curawnty
distrl' ution 2ormuin. The C-ty urgos the Association
of Idaho Cities to rsort ^isl on pro for
�nnicipaities to receivc a portion of lottery receipt,
and indiv ,r. an.l oorpo- �, tay.es
mcvw by nouchins, SWONDED hy Na colas to pass the
Resolution n7thorizing the Mayor and City Clerk to execute
the RgFolution with regard to funding resu=ces for local
governments.
Ro:1 call vote. Thos• voting yes: inc)uchin�, Rayu.cnd,
Valccz, NarcolaC Murdoch, and jsrboe_ - i - 1 -- iose voting no:
none. Absent and not s,oting, eons
qOTION CARRIED
(REPORT Y!OM THii__ _,-AW EN__:_`0RCEMLN_.._
Nayor DF;can coDmanted at the County Commissioners cow,
h�7 and asked if the Mayor's Qfl:_ce woulA appoint someora to
serve on juveDile Task Force. th_J_ %i me, woulo, ask
the '__qty Go oil tu ondorse Councilman jarjoe as to City's,
repres_ on thiF:
MC 'ED bj 3aymcn6, SECONDED Nancolas to endorse the Manor's
recommendation thnt Councilman 5orbae be appointed an the
City s reprssgntative to Canyon ,(ounty -7a. For
MOTION CARRIED
Cc cilman Jarboe gave a shore rapor zagardno the law
EnfoTnement Commission stating that -, _.':�ey hc-,7 been ii,�,
variou2 groups in the B=urro u.-:...�i:ng abou - � - the e,
the Law 2nforcement Connission, Those commun)_',.aLes have been
very supportive of the ccnmpt tW�:t was _ in Ca ,.yell
anc, -- ill bz more than he_ pful in supporti.ig us in ci!r efJEC,
mr. jarboe further siated tzat he would :ike to make a
raquest to the City Cowacil to Anitiatq an amandment to the
zoning or.:_lnance regarliog hom, occupations. Es asked Mr.
Crocw, the Planniag and Zoning Director, o briefly explain
the avroose c! this rvquest-
The PlEn7ing ant Zoniog Direc or stated that in accondance
wl pro ,lures c tline? in SeaVon 6-1-1 of the Caln ell
Zcn.,g Orafnance, the Planning and Denartmen-t is
requarting ttat the City Coancil ccnsider initiation of Fn
amendmo7t to tto definition of "home occupation," as contained
within Saotion 6-5-4 of the Zoning Ordinance. :ire purpose of
thq amens. ant is to consider a More COMPr2hensive definition
of t�e types of goods that may be offered for sale from a
resi6ance with the objective of the ?olic:=:
Departmont in community law enforcemen7. Mr. Crooks further
said that they mold like to prepare some additional language
that woulf identify a variety of illegal type goods such as
stoisn property, contraband, drugs, and etc for CouPc_'...-,.
Book 31 Page 121
consideration at a future date. Also, in addition, they
would like to make a provision to be able to levy a fine on
people that violate this portion of the Code. At this
meeting, they would like to have the Council's endorsement to
proceed with preparing options to bring back to the Council
for consideration after being routed through the Planning and
Zoning Commission.
MOVED by Nancolas, SECONDED by Valdez that the Planning and
Zoning Director be authorized to proceed with the initiation
of an amendment to the zoning ordinance regarding home
occupations.
MOTION CARRIED
Councilman Raymond was recognized and stated that he would
like to request that this Administration and Council consider
in budget discussion a full time City Attorney. The reasons
are simple: The present system of divided responsibility
bogs the system down. If we are to make put an emphasis on
law enforcement and make it effective, we need the full time
attorney.
(REQUEST FOR A SECURITY TRAILER)
The Planning and Zoning Director presented the background
information on this request stating that a request was filed
for a security trailer to be located on property that is
presently zoned M -1. It is located on the west side of
Paynter Avenue just north of Holly Street. The application
submitted by Vern and Judy Subia requested permission to
locate a mobile home unit on the property for security
purposes. According to the applicant, they have businesses
related to the use of the property as a contractor storage
yard for a construction and landscaping business. The main
issue here is what extent business has been established on
the property. Evidently, further information submitted to
the Council indicated that the Subias have applied for a
permit and plan to put a more permanent storage facility on
the site.
The Council Members asked a number of questions. It was then
MOVED by Raymond, SECONDED by Houchins that approval be given
for the Security Trailer as requested.
Roll call vote. Those voting yes: Raymond, Valdez,
Nancolas, Murdoch, Jarboe, and Houchins. Those voting no:
none. Absent and not voting: none.
MOTION CARRIED
(FINANCIAL REPORT)
Councilman Murdoch informed the Mayor and the Council that
the Financial Report was reviewed showing accounts payable in
the amount of $216,100.25 and a payroll in the amount of
$146,093.02 for the period ending June 6, 1990.
MOVED by Murdoch, SECONDED by Nancolas that the report be
accept, the bills paid, and the vouchers filed in the Office
of the City Clerk.
MOTION CARRIED
(COMMITTEE REPORTS)
Councilman Nancolas reminded the Mayor and City Council about
the Senior Citizen's Open House on June 30th from 2 :00 p.m.
until 4:30 p.m.
Councilman Valdez further commented that the Seniors
mentioned that they were missing a street sign and a
handicapped sign.
Back 31
F� 122
Councilman Raymond -cporteo that the Fire Cop 4ract
negotiations we-e settled. Or. Raymond complimented
Councilman Murdoch for Ais methof of handling the salary
adjustments. Councilman Raymond MOVE9 and it was SECONDED by
Murdoc.-', that the MajnDr and, City ^rk be authorized to
execute Ke Agreement the
Roll nail Vote. Those voting Zew TWymonw, Valdez,
Nancolas, murBloch, jarboe, andHouchins. 7hose voting no:
none. A. c., not � :Ming: - one.
40710N CAIRIED
Councilman Raymond also mentionet wat tho trair will be
stoppinn in CE!dwell cn the 'st of . ly. There will be a
spacial nelebraMon at � he Denct. Hn presented the Mayor
some - .�.ckets ti -ride.
Councilman rchins =,parted that he would be attending the
Association of =Idaho Cities in 7ocatello next week on behalf
of the City of Caldwell,
Thera being no further business, the meetirgy was adjournen at
10:20 ;.m.
APPROVID AS vrittpn, TKAS 2 DAY OF 1990.
Coudc ' lma "? C11mg
C
Counc n ounc
ATTEST
City Clerk-