HomeMy WebLinkAbout1993-08-16city council minutesBook 34
REGULAR MEETING
August 16, 1993
7:30 p.m.
The Meeting was called to order by Mayor Dakan.
The Mayor requested that everyone stand for the Pledge of
Allegiance to the Flag.
Page 162
The Roll of the City Council was called with the
following members present: Raymond, Ozuna, Simmons,
Carpenter, and Houchins. Absent: Nancolas.
(ADDITIONS OR DELETIONS TO THE AGENDA)
The Mayor asked for the addition of several items to the
prepared Agenda: A right -of -way deed for a portion of
the west half of Kimball Avenue and a utility easement
from John Ashman; consideration of appealing a
conditional use permit; and award a bid for the Arthur -
Main sewer replacement. The three items would be
included as the first items under New Business.
MOVED by Raymond, SECONDED by Ozuna that the Agenda be
accepted as amended.
Roll call vote. Those voting yes: Raymond, Ozuna,
Simmons, Carpenter, and Houchins. Those voting no:
none. Absent and not voting: Nancolas.
MOTION CARRIED
CONSENT CALENDAR
The following items on the Consent Calendar were
presented by the Mayor to the Members of the City
Council:
1. Dispense with the reading of the minutes of the
August 2, 1993, City Council Meeting and approve as
written;
2. Accept the minutes of the Caldwell Airport
Commission Meeting of August 5, 1993;
3. Accept a right of way deed from Debbie Bland for
a portion of the east half of Airport Avenue south of
Linden Street.
MOVED by Raymond, SECONDED by Houchins to accept the
Consent Calendar as presented by the Mayor.
Roll call vote. Those voting yes: Raymond, Ozuna,
Simmons, Carpenter, and Houchins. Those voting no:
none. Absent and not voting: Nancolas.
MOTION CARRIED
OLD BUSINESS
(Third reading of Bill No. 15 - Amend Code to provide for Board of
Appeals for Building /Fire)
Mayor Dakan read Bill No. 15 by title only as follows:
AN ORDINANCE, AMENDING THE MUNICIPAL CODE OF
THE CITY OF CALDWELL, COUNTY OF CANYON, STATE
OF IDAHO, BY AMENDING TITLE I, CHAPTER 26,
SECTION 3, BY THE ADDITION THERETO OF A NEW
SUBSECTION (D) PROVIDING FOR ORDERS, DECISIONS
OR DETERMINATIONS MADE BY THE PUBLIC WORKS
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Page 163
DIRECTOR UNDER 'TITLE IL =, CHAPTEIR 4, MUNICIPAL
:ODE OF THE CITY OF CALDWELL, '.,ND TO AP PEALS
TO THE BOARD OF APPEALS UNDER THE UNIEOIRM
BUIi.rJING, PLUMEING, ELECTRICAL, HOUSING,
MECHANICAL AND FIRE CODES AND UNDER TITLE V.
CHAPTERS 1, 2, 3, 5, 12 AND TITLE X, CITAPTER
CALDWELL CITY CODE; AND AMENDING TITLE I,
C -TER 26, SECTIOi�T 7, BY "7.: E ADDIT'I'ON THis:Rl770
OF -'LL NEW SU'SSECTION (E) PROVIDING FOR TIIE
APPOINTMENT un SAID DOARDS OF APPEALS AS
?EARING 7XAMINERS UNDER TITLE I, CHAPTI:,R 26,
S; CTION MUNIC ". -PAL COD"? OF 'f= CITY OF
CA7: DWELL .
MOVED by Ozuna, SECONDED by Houclins that B_i..11 No. 15 be
passe and en - -itled Crdinanc ^_ No. 1990 after the three
readinq� by tit'_e only.
Roll cal]. vote. Those voting ln.s: Ozuna, Simmons,
Carpenter, HouchinW, and 1',ymond. Those voting no:
none. Absent and not voting: Nancolas.
MOTION CARRI,'�D
(SECOND READING OF BILL F?O. 22 - AMEITD CITY CODE .PERTAINING TO
REQUIREMENTS FOR DPI SCHARGI, INTO TFE, CALDWELL WASTEWATER TREATMENT
PLANT)
Th_. Mayor read Bill No. 22 by title only e.s follows:
AN ORDINANCE, AMENDING THE MUNICIPAL CODE OF 'T4E CITY OF
CALDWEL'_ COUl "" OF CANYON, S'1 OF IDAHO, REPEALING
CHAPTER Z. TITLE -III, ADDING A N-W CHAPTER 4, TITLE III,
SEC 1 THROUGii 17, REGARDING REQUIREMENTS FOR THE
DISCHARGE INTO THE CALDWELL WASTFFti?I,-TER TREATMENT AND
COLLET "ION SYSTEM; PROVIDING A PURPOSE AND INTENT;
PROVIDING OBJECTIVES; PROVIDING AND STATING THE
A' PLICABILITY OF THE ORDINANCE; PROVIDING =^OR DEFINITIONS
OF TERMS OF WORDS, PT.- IRASES 7 \uITD ABBREVIATIONS; PROHIBITING
THE INTRODUCTION INTO THE POTW OF ANY POLLUTANTS OR
WASTEW� =R CAUSING :SASS TIiROUGH OR INTriRFERENCE;
a=R.OHIBI'I_NG SPECIFIED DISCHARGE O7 CERTAIN POLLUTANTS AND
WASTEWATER INTO TIE POTW; PROVIDING FOR LIMITATIONS OF
WAS'= BWATER STRENGTH; PROVIDING A SPE.CIFICAT "FON FOR LOCAL
LIMITS OF SPECIFIC POLLUTANTS; PROVIDING MA ?. 7 M I DAILY
LIMITS OF ORGANIC AND INORGANIC POLLUTANTS; PROHIBITING
EYCESSIVE FLOW !-'.ND/OR POLLUTANT DISCHARGE RATES CAUSING=
TREATMENT PROCESS UPSET OR LOSS OF TREATMENT EFFICIENCY;
PROHIBITING, UNLESS SPECIFICALLY AUTHORIZED, AN
INDUSTRIAL USEP'S INCREASE IN THE USE OF POTABLE OR
PROCESSED WATER OR OTHER ATTEMPTS TO DILUTE DISCHARGE AS
SUSS'T-'TUTE FOP. ADEQ -TATE TR:=;',ATMENT; PROVIDING FOR
SPECIAL AGREEMENTS; PROVIDING FOR A RIGHT TO AMEND
WAS. - EWATER L'ISCHARGE PERMITS; PROVIlI::i:NG FOR I TAINING THE
RIGHT TO AMEND WASTEWATER DISCHARGE PERMITS ISSUED TO A
SIGNIFlCwANT INDUSTRIAL ?JSER; REQT7IRING A USER TO PROVIDE
NI'.CESSAR.I WASTEWATER TREATMENT AS REQUIRED TO COMPLY WITI:
TI1 ORDINANCE; PROVIDING FOR Tl: ESTABLISHMENT OF
DEADLT_NES FOR COMPLIANCE WITH APPLICABLE PRETREATMENT
STANDARDS AND REQUIREMENTS; PROVIDING THAT THE PUBLIC
WORKS DIRECTOR MAY REQUIRE A USER TO RESTRICT DISCHARGE
DT_RING PEAK FLOW PERIODS OR TO DESIGNATED LOCATIONS;
PROVIDING FOR THE ISSUANCE OF PERMITS SOLELY FOR FLOW
EQUIlL I ZAT I ON i PROVIDING FOR PRESOIL AND SAND
INTERCT',PTORS; PROVIDING FOR COMBUSTIBLE GAS DETECTION
METERS; PROVIDING AND 'REQUIRING A USER TO DEVELOP ANTI
TNILEMEN "C' ACCIDENTAL DISCHARGE/SLUG CONTROL PLANS AND
PR0�7IDING :'.'CR. THE CONTENTS OF THOSE PLANS; PROVIDING AND
REQL.:IRING FOR, THE NOTIFICATION OF A SLUG OR ACCIDENTAL
DISCriTJ.GE; PROVIDING TND REQUIR.7.NG THAT, WITH-:N FIVE DAYS
OF AN ACCIDENTAL; DISCHARGE; PROVIDING THAT WIT`IHI_N FIVE.
D%';?S OF ;?N ACCIDENTAL SPILL THE USER SHALL SUMMIT A
Book 34
DETAILED WRITTEN REPORT DESCRIBING THE CAUSE AND MEASURES
TAKEN TO PREVENT SIMILAR FUTURE OCCURRENCES; PROVIDING
THAT PERMANENT SIGNS BE POSTED IN COMPLIANCE WITH
NOTIFICATION FOR SLUG AND ACCIDEN'T'AL DISCHARGE; PROVIDING
FOR REGULATION OF SEPTIC WASTE DISCHARGE INTO THE POTW;
PROVIDING FOR THE PROMULGATION AND REVISION OF A POTW /USE
MANAGEMENT PLAN AND FOR NOTICE ANI) HEARING AND PASSAGE BY
THE CITY COUNCIL; PROVIDING FOR THE PROMULGATION AND
REVISION OF AN ENFORCEMENT RESPONSE PLAN AND FOR NOTICE
AND HEARING AND PASSAGE BY THE CITY COUNCIL; PROVIDING
FOR WASTEWATER DISCHARGE PERMIT /SPECIAL AGREEMENT PERMIT
MONITORING, INSPECTION AND SURVEYANCE CHARGES AND FEES;
PROVIDING FOR WASTEWATER DISCHARGE PERMIT REQUIREMENTS
FOR A SIGNIFICANT INDUSTRIAL USER; PROVIDING A PROCEDURE
AND TIMETABLE FOR WASTEWATER DISCHARGE PERMITS FOR AN
EXISTING SIGNIFICANT INDUSTRIAL USER AND FOR A NEW SOURCE
AND NEW USERS; PROVIDING FOR WASTEWATER DISCHARGE PERMITS
FOR AN EXTRA - JURISDICTIONAL USER; PROVIDING FOR
WASTEWATER DISCHARGE PERMIT APPLICATION CONTENTS;
PROVIDING FOR A USER TO SUBMIT INFORMATION CONCERNING
AVERAGE AND MAXIMUM DAILY FLOW FOR A CATEGORICAL AND NON -
CATEGORICAL USER; PROVIDING FOR THE MEASUREMENT OF
POLLUTANTS FOR A CATEGORICAL AND NON- CATEGORICAL USER;
PROVIDING FOR A CERTIFICATION BY A. QUALIFIED PROFESSIONAL
INDICATING WHETHER APPLICABLE PRETREATMENT STANDARDS ARE
BEING MET; PROVIDING A COMPLIANCE SCHEDULE FOR
PRETREATMENT; REQUIRING ALL WASTEWATER PERMIT
APPLICATIONS AND USER REPORTS TO BE SIGNED BY AN
AUTHORIZED REPRESENTATIVE OF THE USER; PROVIDING THE
LANGUAGE FOR CERTIFICATION STATEMENTS; PROVIDING THAT THE
PUBLIC WORKS DIRECTOR SHALL EVALUATE DATA FURNISHED BY A
USER; PROVIDING AND SPECIFYING WASTEWATER PERMIT CONTENTS
AND CONDITIONS, BOTH MANDATORY AND DISCRETIONARY;
PROVIDING FOR A LIMITATION OF THE DURATION OF WASTEWATER
PERMITS; PROVIDING A PROCEDURE FOR THE MODIFICATION OF
WASTEWATER DISCHARGE PERMITS; PROVIDING THAT A WASTEWATER
DISCHARGE PERMIT IS VOIDABLE UPON CESSATION OF OPERATIONS
OR TRANSFER OF BUSINESS; PROVIDING A PROCEDURE FOR THE
TRANSFER OF WASTEWATER DISCHARGE PERMITS; PROVIDING A
PROCEDURE FOR THE REVOCATION OF WASTEWATER DISCHARGE
PERMITS; PROVIDING A PROCEDURE FOR THE REISSUANCE OF
WASTEWATER DISCHARGE PERMITS; PROVIDING FOR A TIMETABLE
WITHIN WHICH INITIAL AND FINAL COMPLIANCE REPORT FORMS
MUST BE FILED; PROVIDING AND REQUIRING PERIODIC
COMPLIANCE REPORTS AND THE INFORMATION REQUIRED THEREIN;
PROVIDING FOR THE ESTABLISHMENT OF COMPLIANCE SCHEDULES
FOR MEETING APPLICABLE PRETREATMENT S'T'ANDARDS; REQUIRING
ANY USER OPERATING UNDER A WASTEWATER DISCHARGE PERMIT
INCORPORATING EQUIVALENT MASS OR CONCENTRATION LIMITS TO
NOTIFY THE CITY WITHIN A PRESCRIBED TIME OF SIGNIFICANT
PRODUCTION LEVEL CHANGES; REQUIRING ANY USER DISCHARGING
A CERTAIN AMOUNT OF HAZARDOUS WASTE IN A CALENDAR MONTH
OR ANY AMOUNT OF ACUTELY HAZARDOUS WASTE, AS DEFINED, TO
REPORT THE SAME TO SPECIFIED GOVERNMENT AGENCIES;
PROVIDING THE SPECIFIC INFORMATION TO BE INCLUDED IN THE
NOTIFICATION; PROVIDING AND REQUIRING A USER TO NOTIFY
THE CITY OF ALL DISCHARGES THAT CAN CAUSE PROBLEMS TO THE
POTW; REQUIRING NONCOMPLIANCE REPORTING; REQUIRING
ADVANCED NOTIFICATION OF ANY SUBSTANTIAL CHANGE IN THE
VOLUME OR CHARACTER OF POLLUTANTS OF USER DISCHARGES;
REQUIRING A USER NOT REQUIRED TO OBTAIN WASTEWATER
DISCHARGE PERMITS TO PROVIDE APPROPRIATE REPORTS;
REQUIRING A USER SUBJECT TO REPORTING REQUIREMENTS, TO
RETAIN AND MAKE AVAILABLE FOR INSPECTION AND COPYING
CERTAIN RECORDS AND INFORMATION HEREIN SPECIFIED AND
PROVIDING THE TIME PERIOD WITHIN WHICH THOSE RECORDS ARE
TO BE KEPT; PROVIDING MINIMUM SAMPLING REQUIREMENTS FOR
A USER; PROVIDING A METHOD BY WHICH A POLLUTANT ANALYSIS
IS CONDUCTED; PROVIDING FOR THE CITY MONITORING OF A
USER'S WASTEWATER; PROVIDING FOR THE ENTRANCE AND
INSPECTION OF FACILITIES OF A USER FOR PURPOSES OF THE
ENDORSEMENT OF THE ORDINANCE AND TO INSURE COMPLIANCE
Page 164
Book 34
Page 165
WIT THE REQUIREMENTS THEREOF; THAT 15, USER
PROVIDE AND OPERATE AT THE OWN 'EXPENSE, MONITOR11\TG
FACILITIES FOR THE INSPECTION
SiC_M=NG P. F LOW
MEASUREMENTS OF SEWER DISCHARGE; PROVIDING FOR lkti
APPLICATION FOR SEARCH WARRANTS 7 - 7 7ON PRO':3ABLE CAJSE IN
THE EVENT OF VIOLATION OF PRO_,4IPITT\G THE
BREAKING, DAMAGING, DESTROYING, DEFACING, TAMPERING,
ETC. , OF ANY STRUCTURE, APPURTENANCE C,!,--. EQUTPM_-.-.�7T OF
POTW; PROVIDING A PROCEDURE FOB REQUI OF
CONFIDENTIALITY 07 REPORTS, SURVEYS, WASTEWATER DISCHARGE
P=RLITT APPLICATIONS WASTE',.?1TER D PERMIT'S AND
MONI'T'ORING PROGRAMS AND I:q GAINED FROM CITY
1NSPEC AND SAMPLING ACTIVI'_6i.ES WHEN' T)IVULGE\CE WOULD
PROVIDE INFORMATION ASOUT PROCESSES OR ME7T7ODS 07
PR0DUCT10J.'J TO PROTECT TRADE SECRETS UNDER APP.L, 7 CABLE
STATE AND FEDERAL L72.I7; REQUIRING THE PUBLICATION ANl �T LY
IN T OFFICIAL NEWSPAPER Ot THE CITY FOR A SPEC1917
PERIOD FOR SIGNIFICANT NCN-CCj✓]DT PROV IDING THE"
I _jIANCE 'D�ID " D
DEFINITION OF SUCH NON-COMPLIANCE; PROVIDING FOR
AD' EX'FORCEMENT REMEDIES; PROVIDTN� FOR
NOTIFICATION OF VIOLATION, CONSENT ORDERS AND ORDERS TO
SHOW CAUSE; PROVIDING FOR TFE ISSUATIFTCE OF COMPLIANCE
ORDERS UPON FINDING A USER TO BE CONTiN_ - T OUSLY r7CLATING
_ 7 7
L� IS ORD 7 PROVIDING FOR A CEASE AND DESIS' ORDERS
AND ADMINISTRATIVE FINES; PROVI TOR EMERGENCY
SUSPENS AND TERMINATION OF DISCHARGE IN NON - EMERGENCY
SITUA'__ONS; PROVIDING AN APPELI-ATE PROCESS FOR '
DISCHARGE APPEALS, PROVIDING FOR JUDICIAL ENFORCEMENT.
REMEDIES, INCLUDING INJUNCTION RELIEF, CIVIL
A]NED CRIMINAL PROSECUTION; PROVIDING THAT A VIOLATION OF
THE ORDINANCE IS A MISDEMEANOR; PROVIDT',NTG FOR A
PUNISF_._1YENT INCLUDING FINE AND IMPRISONMENT; PROVIDING FOR
THE NON--PXCLUSITTY OF REMEDIES ELECTED; PROVIDING FOR A
E_ ENIIO?R ACTION, INCLUDING PERFORMANCE
REQUIRING PROOF OF SUBMISSION OF FI],\1A`TCIAL
AS ST -
,T_�,,NCE; PROVIDING THAT WATER SEP, MAY BE SEVERED
FOR NONCOMPLIANCE; PROVIDING AND DEFINING T_H:.�-
17ONCOMPLIANCE IS A P U B LIC - L
17 N PROVIDING FOR
3
A-FIRMATIVE DEFENSES TO ,DISCHARGE VIOLATIONS; DEFINING
TERMS OF UPSET AND PROVIDING THAI' UPSET IS AN AFFIRMATIVE
DEFENSE; PROVIDING A PROCEDURE TO ESTABLISH A.7FIRMATIVE
DEFENSE'S, PROVIDING A BURDEN OF PROOF, PROVIDING FOR
OPPORTUNI FOR JUDICIAL DETERMINATION; - ?ROVIDIING, FOR A
D.1 OF BYPASS SEVERE PROPERTY DAMAGE; PROVIDING 7 IDING
1 3 7
FOR AND REGULATION BYPASS, SPECIFYING ADVANCED NOTICE;
PROVIDING A Si3VERABILITY CL.�YUJSE; REPEALING CONFLICTINTIG
ORDINAI\ ; PROVIDING FOR A PROCESS OF APPE2',11 OF THE
=CISION OF pUDr,,TC WORKS DI
RECTOR; PROVIDING FOP THE
APP1_1ICATICN OF TT CONTESTED HEARING PROCEDURE 07 THE
ORDNANCE 1'0 THE ADMINISTRATION OF THIS ORDINANCE;
PROVIDING A SEVERARILITY AND CONFLICTS OF PROVISIONS
CLAUSE; - PROVIDING FOR THE ORDINANCE TO TAKE FULL FORCE,
;,'YD EFFECT AFTER : THE PASSAGE, A'PROVAL AND PUBLICATION.
MOV"7D by Raymond, SECONDED by Carpenter tli.at this be
consi.12red the second reading of Bill No. 22.
R -) 11 ___ Raymond, Ozuna,
ca� __ vote. Those voting yes:
S.i.min.•ons, Carpenter, and Houchins. Those voting, no:
none. Absent and nc'.- voting: Nancolas.
MOTTO7L CARR I,ED
(SECOND PREADING OF BILL NO. 24 - AMEND CITY CODE REGARDING OPEN
CONTAINE,R)
aycr Da.� read Bill -No, 24 by title only as
follows:
AN ORDINANCE 77PEALING CHAPTER 12, TITLE IX,
SECTION I THROUGH 3 OF THE MUNICIPAL CODE OF
sE CITY 07 CALD ; AD=. A NE , ,1 CHAPTER 12,
TITLE IX, S7CTICNS 1 THROUGH 6, PROVIDING FOR
Book 34
Page 166
THE PROHIBITION OF THE POSSESSION OF AN OPEN
CONTAINER OF ALCOHOL OR CONSUMPTION OF ANY
ALCOHOLIC BEVERAGE ON OR UPON ANY STREET, IN
ANY PUBLIC PARKING LOT, IN OR UPON ANY PUBLIC
OR PRIVATE MOTOR VEHICLE OR UPON ANY PUBLIC OR
PRIVATE PROPERTY OPEN TO THE PUBLIC.
The Mayor declared this to be the second reading of Bill
No. 24.
(RIGHT OF WAY DEED AND UTILITY EASEMENT)
Mayor Dakan informed Council that this item was
acceptance of a right of way deed for a portion of the
west half of Kimball Avenue and a utility easement from
John Ashman. The deed and easement were a condition of
a variance granted to Mr. Ashman for a parcel of land
having less than the minimum 60 feet of frontage on
public right of way.
The City Engineer explained that this was in conjunction
with obtaining a building permit..
MOVED by Carpenter, SECONDED by Houchins to accept the
right of way deed and utility easement.
Roll call vote. Those voting yes: Carpenter, Houchins,
Raymond, Ozuna, and Simmons. Those voting no: none.
Absent and not voting: Nancolas.
MOTION CARRIED
(DISCUSSION ON A CONDITIONAL USE PERMIT)
At the request of the Mayor, the Planning and Zoning
Director informed Council that recently the Canyon County
Planning and Zoning Commission approved a Conditional Use
Permit to allow a vehicle and truck repair shop on
property just north of the Boise River and the Caldwell
Greenbelt. The City Planning and Zoning Department did
respond in writing to the County and expressed some
concerns about the potential for impact on the Centennial
Park along the Boise River Greenbelt and on the safety of
the individuals who use the facilities. The main issue
of concern was the question of appropriate access to this
property. The truck traffic would have to go through
Chicago Street extended through the park and make the
turn in the loop along that curvilinear roadway which
parallels the Greenbelt and the pathway system. The
County Commission did approve the Conditional Use Permit
and is contingent upon a zone change from Agricultural to
C -3 and also an amendment to the! County's Agricultural
designation on the Comprehensive Plan to Commercial.
Mr. Crooks stated that he was asking the Council for some
direction as to whether the City should contest the action
taken by their Planning and Zoning Commission by filing a
formal appeal of the Conditional Use Permit.
Councilman Raymond asked the Director what the time frame
was in making the decision as to whether to contest this
ruling by the County. Mr. Crooks said that it was his
understanding that the City must file the appeal of the
Permit by the end of the week.
After further clarification, it was MOVED by Raymond,
SECONDED by Carpenter that the Staff be directed to
pursue the appeal process regarding the Conditional Use
Permit.
Book 34
Roll call vote. Those vcti_ig yes: Raymond, Ozuna,
Simmons, Carpenter, Houchins. Those voting no: none.
Absent and not voting: Nancolas.
MOTIC;N CARRIED
(BID V4ARD FOR ARTHTOR /MAIN SE-KER REP'ITLACEMEN'i )
Page 167
The City Engineer, Grordon Law, presented tL.e backg:ecund
information on this item. Mr. Law stated tha,: on August
3, 1993, bids were rece9.ved for the rE-;ia.acemera of a 6
sewer ma.i.n in an alley bounded bDy':Arthur a,�d Main Streets
'_ cm 13th i venue to 18th Avenue. Tt,e Engineer's est_?_mate
for -he project is $74,230. Funds dedicated from 92/93
budget were $50,000. Brown's Construction Co. was the
only proposal submitted which was -in the amount of
x71,3_96. The Engineering Department carefully D sviewed
the bidder's proposal and compa it to previous
projects of a similar nature. Mr. 7m,aw furt:ier infc.cmed
Counci__._ that it was his reco ,- ,=datiol that the bid be
awarded to Brown Construction.
MOVED by rclachins, SECONDED by Ozuna to accept the bid in
the amount of $71,396 submit:tsd by Brown Co ,struction.
Roll ca11 vote. Those voting yes: Houchins, Raymond,
C una, Simmons, and Carpenter. Those vot..ng no: none.
Absent and not voting: Nancolas.
MOTION CARR77D
(PUBLIC HEARING ON THE PROPOSED LOCAL IMPROVEMENT DISTRICT 93 -3)
The C,'_ty Engineer, at the request of the Mayor, stared
that "�:,e proce.aure would be to open the Public :Nearing.
77here w_17 no one signed to testify at this time. The
naxt step would be for the City Council to ratify the
Resc].ution of Intention
and finally, to pass the
Ordin: - ace creating tl,e Local Improvement District, Tl,is
District was to pave a portion of Larch, Tl]_ .nois aTd
Rice. T11is was by petition of the residents on those
streets. Mr. Law also requested that since t was
getting late in the year, it would be appropr:i..ate for the
City Council to consider waiving the rule requLring t tat
a Bill.. Le read at three separate times and approve the
.'�- 11 a = 2 i s time.
Mayo Dakan opened the Public Hearing and since there , spas
no one asking to testify, the Public Hearing was closed..
MOVED by Ozuna, SECONDED by Houchins to ratify the
Resclution of Intention fc.r Local. Improvement District
93
R.o11 C a 1 1 vote. Those voting yes: Ozuna, Simmons,
Carpenter, Houchins, and Raymond. Those voting no:
ncr- . Absci.t and ;,ot voting: Nancolas.
MOTION CARRIED
(CONSIDERATION OF BIT;-. NO. 2 - CF.E.ATION OF LOCAL IMPROVEMENT
DISTRICT 93 -3)
Mayor Dakan read Bill. 1ao. 25 by title only as :- ollows:
AN 0RDINANCFs CREATING LOCAL IMPROVEMENT
DISTRICT NO. .93 -3 OF THE CITY OF CALDWELL,
IDAHO; DESCRIBING AND SETTING FORTH THE
DOUNDARIES OF SAID DISTRICT; PROVIDING FOR THE
1V,'_? 'OVEMENTS TO BE MADE THER APPOINTING AN
ENGINEER; AUTHORIZING THE ADVERTISING FOR BIDS
FOR SA7:D WORK PROVIDING FOR THE ASSESSMENT
Book 34
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 Houchins, SECONDED by Raymond to waive the rule
requiring that a Bill be read at three separate times and
that Bill No. 25 be read by title for the one reading.
Roll call vote. Those voting yes: Houchins, Raymond,
Ozuna, Simmons, and Carpenter. Those voting no: none.
Absent and not voting: Nancolas.
MOTION CARRIED
MOVED by Houchins, SECONDED by Raymond that Bill No. 25
be passed after the one reading by title only and be
entitled Ordinance No. 1999.
Roll call vote. Those voting yes: Houchins, Raymond,
Ozuna, Simmons, and Carpenter. Those voting no: none.
Absent and not voting: Nancolas.
MOTION CARRIED
Councilman Houchins commented that it was great to start
seeing some of this work done in improving the gravel
streets in Caldwell. It has been talked about it for
some time and it was gratifying to see the response from
the neighborhoods involved.
Page 168
(ADOPT THE TENTATIVE BUDGET FOR THE FISCAL YEAR, 1993 -94, AND SET
THE PUBLIC HEARING)
The Mayor informed Council that the next item on the
Agenda was consideration of the Tentative Budget for the
coming year.
Councilwoman Carpenter, Chairman of the Finance
Committee, explained that both the Council and Staff have
been working on the budget for the coming year for the
past three or four months. According to State Law, the
Tentative Budget must be adopted at this time and the
date of the Public Hearing scheduled. The following
notice sets the official budget hearing for the night of
September 7th. Additionally, a notice was also published
asking for public input on August 30th as well.
The Notice of Public Hearing and the Tentative Budget for
the Fiscal Year 1993 -94 was presented as follows:
Notice is hereby given that the city Council of the City
of Caldwell, Idaho, will hold a Public Hearing for
consideration of the proposed budget for the fiscal
period October 1, 1993 - September 30, 1994, pursuant to
-- the provisions of Section 50 -1002, I.C., said Hearing to
be held at City Hall, Canyon County, Idaho, at 7:30 p.m.
on September 7, 1993. At said Hearing, all interested
persons may appear and show cause if they have any reason
why said proposed budget should not be adopted.
PROPOSED EXPENDITURES
The following is an estimate set forth in said proposed
budget of the total proposed expenditures and accruing
indebtedness of the City of Caldwell, Idaho, for the
fiscal period October 1, 1993 - September 30, 1994.
General Fund $ 4,608,421
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CeTetery
237,6P7
Library
329,040
Street
1,639,201
Airport
274,551
Recreation
332,081
Insurance
576,059
Water C.I.
580,202
Sewer C.I.
0
Cap Impr. Levy
193,998
Water
1,270,150
Se war
1,701,310
Golf
557,380
Sanitation
955,561
Cemetery C.I.
24.,500
Rehab
170,248
Grant Funds
0
Internal Services
7.02,902
Employee Insurance Fund
9;79,256
Street Lighting
13S,S55
Total: $74,340,928
ESTIMATED TREVENUE
Revenue From Tax Levy
General Fund
$
2,150,000
Street Fund
135,852
Rocreaticn Fund
92
Library Fund
247,630
Liaj.Dility Insurance
121,000
Cap. -'! - nprovem-,-ants
147,000
Cemetery
40,000
Airport
36,387
Subtotal:
$
3,019,909
Franchise
$
135 ,000
State Revenue Sharing
512,750
Highway User's Fund
520,000
County Road/ Bridge Tax
16S,000
Liquor Fund
55
Sales Tax
414,647
Court Revenue
165,500
Licenses and Permits
140,700
Interest
154,000
Grant Funds
287,700
Yiscella7eous
03,7C3
Subtotal;
$
2,647,000
Services and. Fees
Plr� and Zoning
$
5,300
Cemetery
122,260
Stres:
2,000
Airpor
62,992
Recreation
192,000
Waler
S95,054
Treatment Plant
1,200,000
Gol-
504,350
Sanitanion
930,000
Rural Fire
237,000
Events Center
167,750
General Fund
30,050
InterJepartmental
1,030,331
Cash Carryover
2,711,987
Water C.I.
8s,000
Sewer C.I -
250,000
Cemetery CZ.
6,000
Stree, Lighting
141,600
Page 169
Book 34
Subtotal: $ 8,674,019
Total: $14,340,928
I, Betty Jo Keller, City Clerk of the city of Caldwell,
Idaho, do hereby certify that the above is a true and
correct statement of the proposed expenditures and
revenues for fiscal year 1993 -94, all of which have been
tentatively approved and entered at length in the Journal
_ of Proceedings. I further certify that the City of
Caldwell, Idaho, did give notice for said hearing with
notice having published twice at least seven days apart
prior to the adoption of the budget by the City Council.
Citizens are invited to attend the budget hearing on
September 7, 1993, at 7:30 p.m. and have the right to
provide written or oral comments concerning the entire
City budget. A copy of the proposed City Budget in
detail is available at City Hall for inspection during
regular office hours, 8:00 a.m. - 5:00 p.m.
MOVED by Carpenter, SECONDED by Ozuna to adopt the
Tentative Budget and set the Public Hearing for September
7, 1993.
Roll call vote. Those voting yes: Carpenter, Houchins,
Raymond, Ozuna, and Simmons. Those voting no: none.
Absent and not voting: Nancolas..
MOTION CARRIED
(CHANGE THE TIME OF THE NEXT REGULAR CITY COUNCIL MEETING)
Mayor Dakan explained that the next Regular City Council
Meeting was scheduled for the evening of September 6th
which is Labor Day. Therefore, he would ask for a motion
to change the Regular City Council Meeting date from
September 6th to September 7th.
MOVED by Houchins, SECONDED by Carpenter that the next
Regular City Council Meeting be held on September 7,
1993, rather than the 6th due to the Labor Day Holiday.
Roll call vote. Those voting yes: Houchins, Raymond,
Ozuna, Simmons, and Carpenter. Those voting no: none.
Absent and not voting: Nancolas.
MOTION CARRIED
(FINANCIAL REPORT)
Councilwoman Carpenter reported that the Finance
Committee has reviewed and approved current accounts
payable in the amount of $253,294.77 and a payroll of
$178,306.52 for the period ended August 11, 1993.
MOVED by Carpenter, SECONDED by Ozuna that accounts
payable in the amount of $253,294.77 represented by
checks number 32374 through 32500 and a payroll for the
amount of $178,306.52 represented by checks number 44664
through 44877 be accepted, payment approved, and the
vouchers filed in the Office of the City Clerk.
Roll call vote. Those voting yes: Carpenter, Houchins,
Raymond, Ozuna, and Simmons. Those voting no: none.
Absent and not voting: Nancolas.
MOTION CARRIED
(AUDIENCE PARTICIPATION)
The Mayor recognized several Boy Scouts in the audience
and welcomed them to the meeting. The Scouts were in
Page 170
Book 34
attendance because they were working on their Community
Merit Badge_
Mayor. Dakar then asked if there was anyone who ca-red to
address the City Council at this tire.
Page 171
Ron Taylor, the Corporate Engineer for Darigold, was
recognize& and slated that he was here to talk about
proposed Dill No. 22 pertaining to reqairement-s for
discharge into the Caldwell ',lastewater Treatm.ent Plant.
Mr. Taylor distributed copies of the comments he intended
to present which are attached to the minutes as Exhibit
A. Also attached as Exhibit C is a verbatim transcript
of remarks made by Mr- Taylor following his opening
statement.
Following discussion between the City Council Members,
the City Engineer, and Mr. Taylor, Dave Whitney, Attorney
for Darigold, was recognized and maws_ his comments - . , . -, '--ich
are attached as Exhibit B. The tape of this meeting w-i.il
be on file in the Office of the City Clergy for six
months. it will be available ior anyone who cares to
roview it.
After Mr. Whitney's comments, the Mayor stated that what
is being talked about is that nhing5 do change- Last
year, a0-2r many years of fighting off E.P.A., the City
has to chlorinate their water. The water quality in
Caliwell hasn't changed in sixty years, but because of
Federal Regulations arid higher testing qualities, tl'l-,
change. The City has Lo go along with that and that is
w!�-at thic7 Pretreatment Ordinance is all about. The
ccu-',. have been fin.]-ng us on a daily oasis for the
!as two yeaa beca we did not have it ir.. place. The
City has bent over -backwards and held off as long as we
possibly can. ° =e have extended it about seven or eight.
times and they have gone along with us. The
correspondence the City received today indicates that
their patience has run out. The City is going to be
fined and so is Darigold- They are saying that the
agreement the City has been going by between the city and
Darigold - not legal anyway and they wil-I not recognize
it E.P.A. will fine both of us directly. The
Pretreatment Ordinance is one that the Government said
had tc be in place. It has nothing to do with capacity
at all. The City was not trying to punish anyone doing
.b -11 town. Darigold has had a good. deal and it is
unacrstanda-ble that you would want to fight the
req On the other nand, every time !-here is an
update in the Treatment Plant, everyone participates
except for Danigold because of their agreement. 44 have
to deal with what is happening today; not what happened
twenty years ago. Mayor Dakan further stated that he
thought both sides were working to get this situation
worked out. The City is trying to be as fair as ,)ossihle.
and stay within the confines of whaL, the E.P.A. is
ma-,datinq. We do not want Dariqo!6 to leave the City as
they have been an important part of this community for
many years.
After further discussing this issue, the Mayor asked if
there was anyone else who cared to address the City
Council at this time.
Gene Eneso was recognized by - ttLe Mayor stating that he
was spearing on hehalf of the employees. Their request
was that the City Council. reconsider the possibility of
el-i ' free golf passes for the City employees.
A letter was haing prepared to the Mayor and City Council
Members the employee's concerns.
(COMMITTZE REPORTS)
Book 34
Councilman Ozuna reported that he attended a Canyon
County Coalition on Crime Meeting last week. They have
made a contribution of $5,000 to the County Sheriff's
Office for lab photo equipment and have also committed
$3,500 to Caldwell Police Department for a polygraph
machine. Mr. Ozuna also stated that he helped out with
the Buckaroo Breakfast on Saturday.
(MAYOR'S COMMENTS)
Mayor Dakan reminded Council of the ribbon cutting for
the new Payless Drug Store at 8:00 a.m. on Wednesday. He
also commented that the Rodeo was this week and promised
to be a good show as usual.
(ADJOURNMENT)
MOVED by Carpenter, SECONDED by Raymond that since there
was no further business, the Meeting be adjourned at 9:00
p.m.
MOTION CARRIED
Page 172
APPROVED AS written THIS 7th DAY OF Sept. 1993.
C cil on
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ATTEST: