HomeMy WebLinkAbout2008-10-20city council minutesBOOK 49
REGULAR MEETING
OCTOBER 20, 2008
7:00 P.M.
PAGE 169
The Meeting was called to order by Mayor Nancolas. He noted that a workshop was conducted at 6:00
p.m. for the purpose of a receiving a report by City staff regarding the status of the Treasure Valley air
quality and pending state and federal mandated measures. The portion of the workshop concerning
amendments to Chapter 6 of the City Code was continued to November 17' due to a lack to time to cover
those issues.
The Mayor asked everyone to stand for the invocation lead by Troy Hopper of the Caldwell Christian
Church and to remain standing for the Pledge of Allegiance to the Flag.
The Roll of the City Council was called with the following members present: Blacker, Oates, Hopper,
Callsen, Dakan and Sobba.
SPECIAL PRESENTATIONS
Lee Van De Bogart, 621 Cleveland Blvd., presented information concerning the Municipal Separate
Storm Sewer System Permit. He noted that he has been working closely with the cities of Nampa and
Middleton and five highway districts concerning these permits. A formal letter to be signed by the
Mayor will be constructed for submittal to EPA by November 18, 2008. Due to budget concerns, a
request will be made to extend the deadline for implementation of this program. The estimated
program cost would be approximately $200,000 for a municipality with a population of 50,000
residents. It was recommended that Mr. Van De Bogart and the City Attorney prepare the letter to be
approved by City Council at the next Regular City Council Meeting to be held on November 3, 2008.
ADDITIONS OR DELETIONS TO THE AGENDA
MOVED by Blacker, SECONDED by Oates to amend the agenda by removing Item #4 under the
Consent Calendar per the request of City staff and add Item #6 to the Consent Calendar to read:
"Approve Resolution authoring the settlement of Greensprings vs. City of Caldwell."
Those voting yes: unanimous.
MOTION CARRIED
AUDIENCE PARTICIPATION
None.
CONSENT CALENDAR:
The Mayor presented the following items on the Consent Calendar for approval by Members of the
City Council:
1. Approve acceptance of the minutes from the Regular City Council Meeting held on October 6,
2008; the Caldwell Friends of the Depot Meeting held on September 11, 2008; the Caldwell
Industrial Airport Commission Meeting held on October 2, 2008; the Caldwell City Traffic
Commission Minutes Meeting held on October 6, 2008; the Caldwell Hearing Examiner Meetings
held on August 26, 2008 and September 23, 2008;
2. Approve Resolution No. 157 -08 accepting the apparent low bidder for construction of the South
Interceptor to Sommer Construction in the amount of $947,141;
3. Approve Resolution No. 158 -08 authorizing a waiver of the plan review fees for the Griffith Park
Hardball Fence Project;
4. Approve Resolution authorizing the execution of an Operations and Maintenance Agreement with
Veolia Water for the Water Treatment Plant; [removed]
5. Approve request to execute the Pyrotechnic Display & Services Agreement with Elite Pyrotechnics
for the July 4, 2009 fireworks display;
6. Approve Resolution No. 159 -08 authoring the settlement of Greensprings vs. City of Caldwell.
[added]
MOVED by Oates, SECONDED by Blacker to approve the Consent Calendar as amended.
Those voting yes: unanimous.
OLD BUSINESS:
MOTION CARRIED
(CONTINUED PUBLIC HEARING [LEGISLATIVE]: CASE OA- 106 -08 A REQUEST BY THE
ENGINEERING DEPARTMENT AND THE PLANNING AND ZONING DEPARTMENT FOR
AN ORDINANCE AMENDMENT TO CITY CODE, CHAPTER 13, ARTICLE 5 REGARDING
ACCESS CONTROL STANDARDS FOR STATE ADMINISTERED HIGHWAYS AND TO
CITY CODE, TITLE 12, ARTICLE 17, SECTIONS 1 THROUGH 9 REGARDING MINIMUM
IMPROVEMENT STANDARDS FOR DEVELOPMENT)
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PAGE 170
MOVED by Oates, SECONDED by Blacker to continue the public hearing to the Regular City Council
Meeting to be held on Monday, November 17, 2008 at 7:00 p.m. as per the request of City staff.
Those voting yes: unanimous.
MOTION CARRIED
(CONTINUED PUBLIC HEARING [LEGISLATIVE]: CASE NO. OA- 103 -08 [FENCING,
SIGNS] A REQUEST BY CALDWELL'S PLANNING AND ZONING DIRECTOR FOR AN
ORDINANCE AMENDMENT TO SECTION 10 -02 -07 REGARDING FENCING AND SECTION
10 -02 -06 REGARDING SIGNS)
Anne Marie Skinner, 621 Cleveland Blvd, presented the staff report and outlined the fact as written. She
noted that the Caldwell Historic Preservation Commission is in agreement with the ordinance. The
fencing portion of the ordinance has been amended to allow for a four -foot, street side fence on corner
lots to abut the sidewalk within the Steunenberg Historic District. The type of fencing is subject to
approval by the Historic Preservation Commission through the Certificate of Appropriateness
application process. Homeowners outside of the Steunenberg Historic District are now given a choice to
either abut their four -foot fence to the sidewalk or have a six -foot fence with a five -foot setback.
Ms. Skinner noted that the sign ordinance revisions deal with minor modifications, which Planning &
Zoning stafffelt would make the sign ordinance easier to manipulate. One such amendment deals with a
definition for right -of -way relating to temporary signage.
MOVED by Hopper, SECONDED by Blacker to close the public hearing.
Those voting yes: unanimous.
MOTION CARRIED
CONSIDER BILL NO. 28 [ORDINANCE 27481 FOR CASE NO. OA- 103 -08 WITH A REQUEST
TO WAIVE THE RULES, PASS ON THE FIRST READING, AND APPROVE THE SUMMARY
FOR PUBLICATION)
The Mayor read Bill 28 (Ordinance 2748) by title only:
AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL AMENDING THE
CALDWELL ZONING ORDINANCE BY AMENDING SECTION 10 -02 -07 CONCERNING
FENCING REGULATIONS AND AMENDING SECTION 10 -02 -06 CONCERNING SIGNS;
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 waive the three reading process and consider Bill No
28 on its first reading by title only.
Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Sobba, Blacker, and Oates. Those voting
no: none. Absent and /or not voting: none.
MOTION CARRIED
MOVED by Hopper, SECONDED by Blacker to sponsor Bill No. 28, move for its passage and
approve the summary for publication.
Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Sobba, Blacker, and Oates. Those voting
no: none. Absent and /or not voting: none.
MOTION CARRIED
NEW BUSINESS:
(DISCUSSION REGARDING THE COOPERATIVE AGREEMENT WITH PIONEER
IRRIGATION DISTRICT)
Mark Hilty, 1303 12"' Avenue Road, Nampa noted that the City was approached by Pioneer Irrigation at
the first of the year to terminate or amend the existing Cooperative Agreement dealing with crossing
their facilities in our rights -of -way. This document provides a reasonable protocol for the City to advise
Pioneer Irrigation of our intent concerning roadway improvements at the point where they cross canals.
The document allows for review and approval of City plans for such improvements by Pioneer
Irrigation.
Mr. Hilty continued by stating that there were essentially two items that Pioneer Irrigation wanted to
negotiate and have included within the modified Agreement: 1) insure that the City indemnifies Pioneer
Irrigation District for liability associated with the crossings and, 2) allow for an easement for Pioneer
Irrigation to enter into the rights -of -way and maintain areas not addressed by the City.
Discussion followed concerning the City's responsibility to maintain the crossings and the vested
interest of Pioneer Irrigation to insure that the crossings are maintained. Mr. Hilty explained the
conditions of applicability concerning the easement clause.
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Councilmen Oates and Hopper expressed their concern for the City to assume the liability for crossings
since there may be ways to mismanage the flow of water where damage could occur to the facilities.
Councilman Hopper recommended that Item 2.1 read: "The Irrigation District owns, maintains,
operates, and has exclusive jurisdiction of various canals only for the delivery and removal of irrigation
water and does not hold any additional property rights beyond this provision." He referenced incidents
in the past where Pioneer Irrigation destroyed personal property, which the District interpreted as
infringing on the existence of their facilities.
Discussion followed concerning city and irrigation districts' rights of jurisdiction in accordance with the
Idaho State Code.
(CONSIDER RESOLUTION AUTHORIZING THE EXECUTION OF THE REVISED
COOPERATIVE AGREEMENT WITH PIONEER IRRIGATION DISTRICT)
Mayor read the resolution by title only:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALDWELL, IDAHO, AN IDAHO
MUNICIPAL CORPORATION, ADOPTING THE AGREEMENT OF COOPERATION FOR THE
CONSTRUCTION AND /OR MAINTENANCE OF CANAL CROSSINGS BETWEEN THE CITY
AND PIONEER IRRIGATION DISTRICT; AUTHORIZING THE MAYOR TO EXECUTE
DUPLICATE ORIGINALS; AUTHORIZING EFFECTIVENESS OF THE AGREEMENT OF
COOPERATION FOR THE CONSTRUCTION AND /OR MAINTENANCE OF CANAL
CROSSINGS; AND PROVIDING FOR THIS RESOLUTION TO BE EFFECTIVE UPON ITS
PASSAGE AND APPROVAL.
In response to questions from Councilman Callsen, Mr. Hilty reported that the City is currently operating
under the provisions of the existing Cooperative Agreement.
Councilman Blacker suggested that Item 2.1 be modified to insure that private property is not destroyed
in the future by Pioneer Irrigation.
MOVED by Hopper, SECONDED by Callsen to remand the document back to City staff for continued
discussion and negotiations with Pioneer Irrigation District, noting that the City Attorney should
determine the appropriate timeframe for further discussion of the document with Council.
In response to questions from Councilman Callsen, Mr. Hilty reported that there is some overlap
between the issues of the pending litigation with Pioneer Irrigation and items addressed within this
Cooperative Agreement. However, he noted that the contents of the Cooperative Agreement are
consistent with a reasonable position for the City to take pending the outcome of a settlement or trial.
Those voting yes: unanimous.
MOTION CARRIED
(CONSIDER BILL NO. 52 (ORDINANCE 2772) TO APPROVE DE- ANNEXATION FROM THE
MUNICIPAL IRRIGATION DISTRICT FOR 2819 AIRPORT AVENUE WITH A REQUEST
TO WAIVE THE RULES AND PASS ON THE FIRST READING)
Brent Orton, 621 Cleveland Blvd, presented information concerning the de- annexation ordinance. He
indicated that the property was inadvertently annexed into the Caldwell Municipal Irrigation District per
information supplied by the Pioneer Irrigation District. He referenced the letter submitted to the parcel
owner from Pioneer Irrigation apologizing for their error.
The Mayor read Bill 52 (Ordinance 2772) by title only:
AN ORDINANCE OF THE CITY OF CALDWELL, IDAHO, DE- ANNEXING A PORTION OF
PROPERTY WITHIN THE CORPORATE CITY LIMITS OUT OF THE CALDWELL MUNICIPAL
IRRIGATION DISTRICT OF THE CITY OF CALDWELL, CANYON COUNTY, IDAHO, DUE TO
THE MISTAKEN ANNEXATION OF SAID PARCEL AND CHANGING THE BOUNDARIES
THEREOF; DIRECTING THE CITY ENGINEER TO ALTER THE BOUNDARY MAP
ACCORDINGLY AND DECLARING THE INTENT OF THE CITY TO DE -ANNEX 2819
AIRPORT AVENUE.
MOVED by Callsen, SECONDED by Hopper to waive the three reading process and consider Bill No
52 on its first reading by title only.
Roll call vote. Those voting yes: Callsen, Dakan, Sobba, Blacker, Oates, and Hopper. Those voting
no: none. Absent and /or not voting: none.
MOTION CARRIED
MOVED by Callsen, SECONDED by Blacker to sponsor Bill No. 52 and move for its passage.
Roll call vote. Those voting yes: Callsen, Dakan, Sobba, Blacker, Oates, and Hopper. Those voting
no: none. Absent and /or not voting: none.
MOTION CARRIED
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PAGE 172
(PUBLIC HEARING [QUASI - JUDICIAL]: A REQUEST MADE BY BYRON BLACKBURN
FOR VACATION OF RIGHT -OF -WAY AT 2620 MONTANA AVENUE)
The Mayor explained the quasi - judicial process and asked the City Clerk to swear in those giving public
testimony tonight.
Brent Orton, 621 Cleveland Blvd, acknowledged being sworn in, presented the staff report and noted
that the applicant is agreeable with the conditions of the vacation.
Bryon Blackburn, 1313 Wilson, acknowledged being sworn in and spoke in favor of the request. He
noted that the home was built in 1996 and the right -of -way touches the home. As owners, they have
been unsuccessful in selling the home until this vacation issue has been resolved. The right -of -way
would be shifted ten feet to the north to correct this issue.
MOVED by Blacker, SECONDED by Oates to close the public testimony portion of the hearing.
Those voting yes: unanimous.
MOTION CARRIED
EVIDENCE LIST:
The Mayor presented the Evidence List: staff report, sign up sheets, and Record of Survey.
MOVED by Hopper, SECONDED by Blacker to close the public hearing.
Those voting yes: unanimous.
MOTION CARRIED
(CONSIDER BILL NO. 51 [ORDINANCE 27711 TO APPROVE THE REQUEST FOR
VACATION OF RIGHT -OF -WAY AT 2620 MONTANA AVENUE WITH A REQUEST TO
WAIVE THE RULES AND PASS ON THE FIRST READING)
The Mayor read Bill 51 (Ordinance 2771) by title only:
AN ORDINANCE RECITING PETITION FOR VACATION OF PUBLIC RIGHT -OF -WAY AND
RECITING APPROPRIATE NOTICE WAS GIVEN; DETERMINING THAT VACATION OF SAID
PUBLIC RIGHT -OF -WAY IN THE CITY OF CALDWELL, CANYON COUNTY, IDAHO,
DESCRIBED BELOW, SHALL BE MADE; AND DETERMINING THAT VACATION OF SAID
FOLLOWING RIGHT -OF -WAY IS IN THE BEST PUBLIC INTEREST FOR THE CITY OF
CALDWELL, CANYON COUNTY, IDAHO.
MOVED by Hopper, SECONDED by Blacker to waive the three reading process and consider Bill No
51 on its first reading by title only.
Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Sobba, Blacker, and Oates. Those voting
no: none. Absent and /or not voting: none.
MOTION CARRIED
MOVED by Hopper, SECONDED by Blacker to sponsor Bill No. 51 and move for its passage.
Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Sobba, Blacker, and Oates. Those voting
no: none. Absent and /or not voting: none.
MOTION CARRIED
(PUBLIC HEARING [QUASI - JUDICIAL]: CASE NUMBER ZON -62 -08 A REQUEST BY
CARRINGTON COMPANY AND THOMAS KRAUS FOR A REZONE OF 9.56 ACRES FROM
C -1 [NEIGHBORHOOD COMMERCIAL] TO C -2 [COMMUNITY COMMERCIAL] AND A
DEVELOPMENT AGREEMENT. THE SITE IS ON THE SOUTH SIDE OF USTICK ROAD
AND THE EAST SIDE OF 1(j AVENUE)
Anne Marie Skinner, 621 Cleveland Blvd, acknowledged being swom in, outlined the staff report as
written, and presented an aerial map of the site, which the Mayor labeled as CC- 1000. She noted that the
newly revised land -use table restricts the potential grocery store use that the developer is contemplating.
If the site is approved for C -2 zoning, a grocery store is an allowed use. The request is consistent with
the comprehensive plan and comprehensive map. A landscaping plan would be required at the time of
the building permit application. She outlined recommended changes to the staff report (page 3 — Item 2)
and the development agreement (page 5 - Item 27) regarding pressurized irrigation.
In response to questions from Councilman Oates, Ms. Skinner reported that the Pioneer Irrigation
easement was relocated during the platting process to the east of the subject property.
In response to questions from Councilman Hopper, Ms. Skinner noted that external lighting issues could
be addressed within the development agreement. She noted that the applicant is in agreement with this
amendment to the development agreement.
Brent Orton, 621 Cleveland Blvd, acknowledged being sworn in and presented information concerning
the Ustick Park Pump Station Upgrade Approach, which the Mayor labeled as CC -1001. He noted that a
pressurized irrigation system was previously installed at the site and has not been used; however, the
BOOK 49
PAGE 173
system does not comply with the standards of the newly formed Caldwell Municipal Irrigation District.
The applicant has been very amenable to options concerning this issue. Staff recommends that the
applicant connect to the Ustick Park Pump Station. The applicant has requested a waiver from the
pressurized irrigation connection fees in conjunction with the developer making improvements to the
pump station.
Tom Krause, 6475 Hwy. 93 South, Whitefish, Montana, acknowledged being sworn in. He stated that
this spring he had been contacted by the Planning & Zoning Department staff concerning recent changes
to the City's land -use table. He expressed his frustration in having to rezone the parcel and his inability
to use the $18,000 pressurized irrigation system currently located on the parcel. If the fees are waived as
proposed, he concurred with the plan to update the Ustick pump station and attach to that system, which
would possibly also benefit the Enoch development.
MOVED by Hopper, SECONDED by Blacker to close the public testimony portion of the hearing.
Those voting yes: unanimous.
MOTION CARRIED
EVIDENCE LIST FOR CASE NO. ZON- 62 -08:
The Mayor presented the Evidence List: staff report, sign up sheets, CC -1000 (aerial map presented by
Anne Marie Skinner); and CC-1001 ( Ustick Park Pump Station Upgrade Approach presented by Brent
Orton).
MOVED by Hopper, SECONDED by Blacker to accept the Evidence List as presented.
Those voting yes: unanimous.
COMPREHENSIVE PLAN ANALYSIS FOR CASE NO. ZON- 62 -08:
MOTION CARRIED
MOVED by Hopper, SECONDED by Blacker to accept the Comprehensive Plan Analysis as presented
in the staff report under roman number V.
Those voting yes: unanimous.
MOTION CARRIED
FINDINGS OF FACT ON CASE NO. ZON- 62 -08:
MOVED by Hopper, SECONDED by Blacker 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 there
was no opposition to the application request, and there are agreements which have been worked out
between the engineering staff and the applicant as well as the exterior lighting standards that will be
added to the development agreement.
Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Sobba, Blacker, and Oates. Those voting
no: none. Absent and /or not voting: none.
MOTION CARRIED
CONCLUSIONS OF LAW ON CASE NO. ZON- 62 -08:
MOVED by Hopper, SECONDED by Blacker 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 Oates. Those voting
no: none. Absent and /or not voting: none.
MOTION CARRIED
ORDER OF DECISION ON CASE NO. ZON- 62 -08:
MOVED by Hopper, SECONDED by Blacker, based on the Findings of Fact and Conclusions of Law,
the Caldwell City Council hereby orders that Case No. ZON- 62 -08, a request by Carrington Company
and Thomas Kraus for a rezone of 9.56 acres from C -1 Neighborhood Commercial to C-2 Community
Commercial and a development agreement is approved with the conditions as outlined in the staff
report to include the new lighting standards added to the development agreement as described within
public testimony, and the new pump standard upgrades as agreed to by the applicant and engineering
staff.
The Mayor clarified that the pump station upgrades made by the applicant would be allowed to offset
all pressurized irrigation connection fees as outlined in public testimony by Brent Orton.
In response to questions from Councilman Hopper, Mr. Orton reported that it would be appropriate for
staff to administratively determine the offset of fees for the Enoch Commercial Development based on
improvements they agree to make to the pump station.
Roll call vote. Those voting yes: Hopper, Callsen, Dakan, Sobba, Blacker, and Oates. Those voting
no: none. Absent and /or not voting: none.
MOTION CARRIED
MOVED by Hopper, SECONDED by Blacker to close the public hearing.
Those voting yes: unanimous.
BOOK 49 PAGE 174
(FINANCE AND HUMAN RESOURCE REPORTS)
MOTION CARRIED
Councilman Callsen reported that the Finance Committee has reviewed current accounts payable in the
amount of $1,387,564.57 for the pay period ending October 15, 2008 and a net payroll in the amount
of $314,224.34 for the pay period ending October 11, 2008.
MOVED by Callsen, SECONDED by Hopper that accounts payable in the amount of $1,387,564.57
represented by check numbers 55833 through 56152 and the total payroll in the amount of $314,224.34
presented by check numbers 16334 through 16485 and direct deposits be accepted, payments
approved, and vouchers filed in the Office of the City Clerk.
Those voting yes: unanimous.
(COUNCIL COMMENTS)
MOTION CARRIED
Councilman Oates reported that a soldier from the City of Nampa, serving in Afghanistan, was
highlighted on the NBC Nightly News. The report dealt with an infestation of fleas within the
compound. Appreciation was expressed to those soldiers and the sacrifice they are making for our
Country.
Councilman Blacker expressed his concern for how the 2009 State of the City program schedule would
be organized in cooperation with the Chamber of Commerce. The Mayor reported that Tracy Kasper
was recently elected as the Chamber Board Chairperson. City staff would be discussing future plans
with Tracy Kasper and Diana Brown concerning this event. Mr. Blacker stated his desire that the
Mayor be allowed ample time to present his State of the City message at this luncheon.
(MAYOR'S COMMENTS)
A Town Hall Meeting will be held on October 22 ° concerning the proposed Downtown Catalyst
Project. The meeting will be conducted at the Caldwell Center for the Arts and presentations will be
made by Oppenheimer Development staff.
The Idaho Energy Conference will be held on October 23 -24 in Boise. The City of Caldwell has been
asked to make a presentation on Friday concerning LEED projects and the role that the City has taken
in energy efficiency.
On October 27 he will leave for Washington, D.C. to meet with staff from the Department of Interior,
FEMA, and congressional representatives regarding the downtown FEMA issue.
On October 30"' the Caldwell High School is sponsoring a fundraiser with the Harlem Ambassadors
versus the Caldwell Old Timers. This event begins at 7:00 p.m.
The DARE/PAL Halloween event will be held at O'Connor Event Center on October 31s
The National League of Cities Conference will be held in November.
The Winter Wonderland event will be held at the Caldwell Train Depot and the Indian Creek Park on
November 21" at 6:00 p.m.
He noted that as directed by Council, he has met with each department and explained the City
employee benefits and budgeting process. Each supervisor has met personally with their employees to
present the employee benefit summary sheets. Many positive remarks have been received from
employees concerning the personalized method of distributing this information.
(EXECUTIVE SESSION PURSUANT TO IDAHO CODE, SECTION 67 -2345, SUBSECTION (F)
FOR THE PURPOSE OF DISCUSSING PENDING LITIGATION)
MOVED by Hopper, SECONDED by Blacker to convene into an Executive Session pursuant to Idaho
State Code 67 -2345, subsection 1(f) for the purpose of discussing pending litigation at 8:40 p.m.
Roll call vote. Those voting yes: Oates, Hopper, Callsen, Dakan, Sobba, and Blacker. Those voting
no: none. Absent and /or not voting: none.
MOTION CARRIED
MOVED by Hopper, SECONDED by Oates to reconvene into the Regular Council Meeting at 9:15
p.m.
Those voting yes: unanimous.
(ADJOURNMENT)
MOVED by Blacker, SECONDED by Hopper to adjourn at 9:15p.m.
MOTION CARRIED
Those voting yes: unanimous.
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PAGE 175
MOTION CARRIED
APPROVED AS written THIS 3rd DAY OF NOVEMBER _ 2008.
Councilperson
Councilperson
Councilperson
ATTEST:
City Clerk
Mayor
Councilperson
Councilperson
Councilperson