HomeMy WebLinkAbout1992-11-16city council minutesBook 33
REGULAR MEETING
November 16, 1992
7:30 p.m.
The Meeting was called to order by Mayor Dakan.
Page 222
The Mayor requested that everyone stand for the Pledge of
-- Allegiance to the Flag.
The Roll of the City Council was called with the following
members present: Nancolas, Simmons, Carpenter, Houchins,
Raymond, and Ozuna. Absent: none.
(ADDITIONS OR DELETIONS TO THE AGENDA)
The Mayor requested the deletion of three items on the
prepared Agenda: Under Old Business, Number 2 which was the
second reading of Bill No. 34; under New Business, Number 4,
approval of Employment Agreement; and Number 6, the Financial
Report. Mayor Dakan also requested that the City Council
approve an Executive Session as an added item under New
Business.
MOVED by Carpenter, SECONDED by Nancolas that the City Council
approve the Agenda as amended.
Roll call vote. Those voting yes: Carpenter, Houchins,
Raymond, Ozuna, Nancolas, and Simmons. Those voting no:
none. Absent and not voting: none.
MOTION CARRIED
(CONSENT CALENDAR)
The following items on the Consent Calendar were presented by
the Mayor for the City Council's consideration:
1. Dispense with the reading of the minutes of the
Regular City Council Meeting of November 2, 1992, and approve
as written;
2. Accept the minutes of the Airport Commission Meeting
of November 5, 1992; Library Board Meetings of September 3rd,
October 1st, and November 5, 1992; Planning and Zoning
Commission Special Meeting of October 29, 1992;
3. Pass the following Resolution to authorize an
Addendum Agreement with Lenny Stroup, Golf Pro at Fairview:
RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE AN ADDENDUM AGREEMENT BETWEEN THE CITY OF
CALDWELL AND LENNY W. STROUP, GOLF PRO FOR FAIRVIEW.
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 Agreement attached hereto and
made a part hereof as if set forth in full by and between
the City of Caldwell and Lenny W. Stroup, Golf
Professional.
MOVED by Carpenter, SECONDED by Nancolas to approve the
Consent Calendar as presented by the Mayor.
Roll call vote. Those voting yes: Carpenter, Houchins,
Raymond, Ozuna, Nancolas, and Simmons. Those voting no:
none. Absent and not voting: none.
MOTION CARRIED
OLD BUSINESS
(SECOND READING OF BILL NO. 31 - CHILD CARE ORDINANCE)
Book 33
Mayor Dakan read Bill No. 31 by title only follows:
Page 223
AN CRDINANCE TO AMEND TI T!7 VI, CHAPTER 3, BY AnOING
SECTION 6 PERTAINING TO CHI D7 CARE FACILITIES: AND BY
AMEND103 CHAPTER 5, SECTION 4; AN BY A `.ENDING CHAPTER 2,
SECTION 1 OF THE MUNICIPAL CODE 07 THE CITY OF CAT,DWELL,
CCUNTY OF CANYON, STATE OF IDAHO: REPEALING ALL
ORDINANCES, RESOLUTIONS, ORDERS AND PARTS THEREOF IN
CONIF 14ERT7
The mayor declared this to be the second reading of Bill No.
31.
(THIRD REaDINO CF BILL NO. 24: INFRAS77RUCTURE)
The Administrative/Personnel Director gave P, ' u Qn
the st.4 c: Bill IN 24 stating that t, bill was
originally discussed almost a ye ar ago when the City Co
sta:'_: areas -n town ',Ahat were not improved .
curbs, gutters, sidwalks, and streets. This Bill is an
infrastructure policy stating that you can no longer develop
in town unless the imp r,, s go along with t1-e developIment.
it does provide an option allo; the owner to sign a
deferment agreement stating they would agres to the
imprcvements or participate in a local improvement district.
Originally, this was tied to an occupancy pe=_it whit) would
provide a way for the City to monitor who was moving in and
out. Alter loohing at alternate ways, it was decided to
separate toe occupancy issue from the infrastructure issue.
This bill is on third readinn but would have to be approved
indicating that the Bill was amended from the last meeting.
The Staff was recommenting appr.)-,7al on the thj__ reading.
May Dakar. read Bill No. 24 by title only as follows:
OF CALD". 7ELL, CRCATING A
ORDINANCE OF Ti�7 CITY
NEY CHAPTER 4, TITTS 5, SECTIONS 1 THROUGH 7; SETTING
FORKS THE LEGISLATIVE PURPOSE; ESTABLISHING MINIMUM
IMPROVEMENT STANDARDS FOR THE .;DEVELOPMENT OR C01�TSTRUCIFIOINI
UPON LAND LOCATED ADJACENT TO OR ADJOINING UNIMPROVED OR
PARTIALLY IMPROVED PUBLIC RIGHTS OF WAY; PROVIDING FOR
EXEMPTIONS; PROVIDING FOR 0TE PROMULGATION OF RULES AND
REGULATIONS ESTABLISHING MINIMUM CONSTRUCTION
REQUIREMENTS; PROVIDING THAT THE OWNER AND/OR DEVELOPER
STALL STALL SU' 3MIT A SET OF PLTNS FOR sI,L OFF-SITE IMPROVEMEN TS
70! STREET IMPROVEMENTS, CURBS AND GUTTERS, SZNITARY
AND ,"OR STCH_` SEWERS `.�!ITH THE CITY ENGINEER FOR REVIE,,' FOR
COMPITANCE W7TH THE RULES AND RECULATICNS OF THE
ORDINZYCE; PROODING FOR THE POSTING OF A BOND IN LIEU 07
COMPLETION OF PROJECTS PRIOR TO FINAL INSPECTION; AND
PRDVIDING THAT 01 THE 17?ROVEMENTS PLACED UPON REAL
PECTE,RTY SU,30ECT TQ `;.HE ORDINANCE WITHOUT HAVING CO 'IED
WITH THE TERMS AND CONDITICNS SHALL BE CONSIDERED A
NUISANCE; AND PROVIDED THAT THE CITY MAY APPLY TO THE
ETSTRI&_ COURT FOR AN INJUNCTION FOR CESSATION OF
CONSTRUCTION AND/OR REMOVA_.: OF ALL CONS
MC"%,)'- by Nancolas, SECONDED by Ro that Bill No. 24 pass
as amended.
Roll c, vote. Those voting yes: Nancolas, Simmons,
CarpenteT, Houchnns, Raymond, and Ozuna. Those voting no:
noes. Abs.ent and not voting:
.-OTION CARRIED
NEW BUSINESS
(RESOLUTION ESTRZ_ R SISTER CITY)
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Page 224
Mayor Dakan stated that the next item on the Agenda was to
establish a Sister City program with Hsin Wu Village of
Taoyuan County, Taiwan Province, the Republic of China. He
explained further that they have been exploring this program
for about nine months. When the City first began talking
about the Business Incubator, part of that program would be
using the Albertson Business College to send people to get a
hands on experience with the Incubator. It was felt that this
could be a good way to bring students from overseas into our
area. The Government of Taiwan indicated that they would be
- interested in sending students full time to Albertson College
and moving them into the Boise Valley and making substantial
investments into our area. In talking to some of the business
people, there seemed to be quite a bit of interest. The
Consulate in Seattle has asked for a Resolution from the City
of Caldwell so they can proceed. Documentation has been
exchanged pertaining to the two cities as to likes and
dislikes and what they have in common and found them
compatible. The Mayor further informed Council that he would
be meeting with the Consulate in Seattle on the 10th of
December and he planned to give him the City's answer at that
time. The next step would be for a contingent of people to
travel to Taiwan.
The Resolution was then read by the Mayor as follows:
WHEREAS, The Cities of Caldwell, Idaho, and Hsin Wu
Village, of Taoyuan County Taiwan Province, The Republic
of China, have both expressed a strong interest in
establishing a sister city relationship; and
WHEREAS, During the early years of their existence,
farming was the key factor in the increase of population
in both cities and with the help of irrigation projects,
turned the wasteland into farms; and
WHEREAS, Hsin Wu Village is one of the
- administrative villages and townships in Tao Yuan County
just as Caldwell is the County Seat for Canyon County;
and
WHEREAS, The residents maintain traditional
agricultural country customs by being hard working, down
to earth and hospitable; and
WHEREAS, Both cities have a variety of churches and
schools and have many interests that are similar; and
WHEREAS, The citizens of Caldwell, Idaho, would like
to exchange ideas with the citizens of Taiwan to better
understand their culture.
THEREFORE, BE IT RESOLVED, That We, the Mayor and
City Council of the City of Caldwell do hereby proclaim
Hsin Wu Village, of Taoyuan County, Taiwan Province, the
Republic of China, to be our "Sister City" and do grant
all the courtesies within our power to its citizens
should they visit or desire information.
MOVED by Ozuna, SECONDED by Nancolas that the Resolution be
passed as presented by the Mayor.
Roll call vote. Those voting yes: Ozuna, Nancolas, Simmons,
Carpenter, Houchins, and Raymond. Those voting no: none.
Absent and not voting: none.
MOTION CARRIED
(RESOLUTION TO ACCEPT THE STREET FINANCE REPORT FOR THIS YEAR)
Mayor Dakan read this Resolution to accept the Street Finance
Report as follows:
RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK OF THE
CITY OF CALDWELL, IDAHO, TO EXECUTE THE CITY STREET
FINANCE REPORT FOR THE CITY OF CALDWELL.
BE IT RESOLVED That the Mayor and City Clerk of the
City of Caldwell be, and the same hereby are, authorized
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pa.ge 2.
_o exec that certa:n City Street 'Pinance Repor'-
-ached i an f made a. part hers-of as set fo-rth in
ful.1. in acc,�- Idaho Code 40 -708.
The vor f ex-o, 'that tl:i:�.s was an annual Y. the
City to accept anc oubi-ish in the newspap^.r.
MOLTED ,1 Carpe �._er, SECONDED :)v Houchins o pass the
RsF,olutio,n s.ccepting the St'reet Finance Report.
Roll call vcil 7, Those voting yes Carpenter, Hoi.zchins,
Ozuna, anal Simmons. Those voting no:
Al. a_nd not vo,`: - ,ing -
MOTION CARRTED
A copy of this Street, Finance Reper is attached to the
minutes F_. Exhibs_ A.
(RESOLUT , TO P,, EXECUTION OF THE AGREEMENT IJITH T , _1. 1 1
CALDWELL 1RU1, LATERR'L DISTPI-C"
T"ne next i on e Age,: was to Resolution authorizing the
and City Cl,----]< to e, �.-, Joint Exercise of Power
Aare::, ,� fc the Trpnsfer c:� Assets between the Citv and the
CLdwe Irr-i-g,73tion Le1 District The mayor read the
Rosolut:_on as olllows.
RESOLUTION THE T-3AYOR AND CITY CLERK TO
_3XECUTE. �` AGRE. BFT' THE CITY OF CALDWELIL AND T
C,` "'? LATEP,•?,L DIST!,: _
BE IT RESOLVED That tPie. Mayor and City Clerk o' the
City Caldwell, be and the same hereby are, authofj,Zed
to exec an agreement attar] - )ad here and made a
y. ereof as if set north in full by and between the City o'
1_
%Idwel! end the Caldwell Irriga"C"ion Lateral Dist ict.
May. DakL-_ statec. that EExecu Session was neld wits) the
CJL_- Attorn. y where he eypa.ined agreement and the nett
logic o" ste3P, was to authorize the Mayor 1,C this
Reso -u` It �Tl
and. Agreeme- "-_)Uld then be pr ;rented ! the
Board o' the Caldwell Lateral Distr..:.ct with the
prc- vision 'chat the Pionec Irrigaj.:icn District si-g as
MOVED ', OZU7-1 SECONDED by C to pass the Re•nlution
authcri-7,ing t! execuaion of the Resolution contingent on
P- _- Dis agro.%_ ng with the agr.eement.
Rol`. Call vc;, Th.oSe voting yes. 0 Naricolas, Simmons,
Carpei Ho, - - chins, - Ind Raymond. 11'aose voting no. none
Absent ;.. not � none.
MOTION CARR'ED
(RESOLUTION ES TAB, I'SHING S L112 FEE'S AND POL
A''. the Mia
the , or, the 7\cting City Engineer, En
Biec-soe, e_;nlainef that to ,.� Counc--" received a Resolution -
the packet --hick would provide a mc%chanism, whereby the City
Counc could imple the c which was passed last
summer p-ovidi-n - c� for the establishment of a street light fee.
It is rccc
, ,mended 'hat trie Counci-1 adopt Reso."ation cal 4 ch
es various rate classes: ':,ow 13ens'it Rate: for aro.a�
that dio not )-ave street lig",ts; a 2ea�:�fit Rates and a
Higher Benefi Rate f,-)-' Commercial areas. The rates are set
f orth the Resolution, but he Tiould a-_quest (:, change in
Resolution.. This was lor the fees to be
of =ctive seco_ bilij date in December, 1932, raLh,=
than '.,he fir t bil I i.7 date
The Me Resolut 1
read - 'I- - . - - , --.- Reso'� 'ion as follo•s.-
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Page 226
WHEREAS, The City Council approved Ordinance No. 1945 on
May 4, 1992, establishing street lighting policy and fees with
the fees to be set by Resolution and approved by the City
Council.
THEREFORE, BE IT RESOLVED That the street lighting policy
and fees set forth in the Petition below are hereby adopted by
the City Council, City of Caldwell, to be effective the second
billing date in December, 1992.
The street light fee structure shall have three different
rate classes defined as follows:
1) Low Benefit Rate: This rate class would be
restricted to developed properties where the
nearest street light is greater than 500 feet from
the property and it is anticipated that a street
light will not be installed within the next 12
months.
2) Medium Benefit Rate: This rate class would include
all developed properties which are located within
500 feet of a street light or the location of a
street light to be installed within the next 12
months and are not included in the high benefit
class.
3) High Benefit Rate: This rate class would include
developed properties which are located within 500
feet of a street light or the location of a street
light to be installed within the next 12 months and
which in the opinion of the City have a higher than
average benefit from street lights. This class
would include the following:
a. Commercial accounts located within the
downtown core area (as defined by a map
adopted by the Council).
b. Commercial accounts located out of the
downtown core area but which have a road
frontage greater than 75 feet. A commercial
account would also include industrial and
multiple family residential (greater than a
triplex).
The rates for the three classes shall be as follows:
1. Low Benefit Rate: $ 0.45 /month
2. Medium Benefit Rate: $ 1.82 /month
3. High Benefit Rate: $ 3.63 /month
MOVED by Nancolas, SECONDED by Carpenter to approve the
Resolution as presented by the Mayor.
Councilman Nancolas commented that the intent of this
Resolution was to ease the burden on the property tax base and
to spread evenly over those who were or were not receiving the
benefits. This would relieve about $100,000 worth of burden
on property tax rolls as far as the City of Caldwell is
concerned. Mr. Nancolas further said that he thought it was
a big step in easing the property taxes. At the same time, we
are also going to provide lighting that would make the
community safer and more attractive.
Councilman Raymond agreed that it was a positive step. He did
question as to whether a resolution would have to be passed to
change the fees each time there was a power rate change. The
Acting City Engineer stated that he felt that the rate
structure would need to be addressed at the end of the fiscal
year. During the coming year, he would anticipate the City of
Caldwell adding nearly three hundred additional street lights
throughout the community. As they are added, the income and
Book 33
Page 227
c<?st will change and need to be adjusted. Once this was done,
i t ;could b,� a good. idea to adopt rate c.izat would be fine
tune_, and could stagy% tha way un -il there was a power:
incre2..r: =.e. The,_ext time there - a rate revie-Ur, Mr.3ledsoe
s gg e s that I.Ine Reso ution __r- corporate the concept of an
a : -omatic -.ate c'r „Fnge.
The ! - as:'-ed for a roll call vote. Those voting yes:
Nancol�.s, Simmons, Ca:- i-!enter, Iouchins, Raymond, and Ozuna.
T.' :.ose v< `.ing nc : none . Absent'- and not voting: none.
MOTION CARRI .I
(AUDIENCE 2%?;RTICI ” Z� -ION)
T <e, Mayon -fated t'n.at this- ?as the time establishef,, for an one
from the audience w ^.o aai:ed to addr ess the City CoL' cil.
Deane Uranga, .,. torney at Law, was recognized by the ?rayor.
S -ne sta:�ad the-_ she as the 2 �ttornev for the Caldwell
Ir:--igation Latera_. Dist= c:°t and rv:'-.ey did, want to thank Lhe
Cit�r for acting on t, e Agreement tor-ight. Ms. Urange. furLn-_
said :;hat slog receivr_.dJ the last draz'c just p to the time
of this meetincr. Them :� was s - 4..11 a few areas of concom and
they pla:'.ned to meet wi Mr. G=gr.ay lat -er in t. _:> week, Ms.
Ur_,-zga Cher sa._'.d that s,ie waits :d the Council to know `i,hat
the Decd 1 not had a chances, to f-L;. ":.ly revie-,7 and a:)prove t o
john Tegge 610 South bid t .e Council farevaell for -lour
mops. hs since he wcx,c.zd be out of He menticnod a of
the - ,project::; that 'nave been comple''ed around town Lncluding
the p=a of Third arc'. Fourth, Street on FilimDre and that he
sold taro acres o.f prope'w behii.d. McCluskey' s Commissary c -where
tt,e buyer_ hoped �:,o open a nurser.-,7 in the spring. Mr. '1'egge
also suggGst -ed that the Council consider reviewing the Code
pertaining _ farm a _i_ma Ls in the C: ty limit,'-7; and -i r nr
are _ _ .a1 in ths City,
(COMMITTEE RZ�07TS )
Cou c ilpersc:: Carpenter repo ted that: she attended thy: opening;
of Farrnzeay Vi]:'-age a-Leng with CounCil,t.Derson Simmons. It was
a beau t:°_ul fac= -lity.
Councilper.son Houc; "Ji_ns reported to Council that he attended. a
Libr_ a -y Hoare. Meeting.
Council; -.rson Gz,_ -.na stz.', that ire also attended. the o ^.ping
o Farmwa v Villag ..
Coun person Nancol� >.s stated. that he attended tip, ribbon
cutting for Ca Mr. Nancelas further commented on
the availability of to assist L; hose Lnterest4ad. in
re.Dlacing :�.i.dewa'_:s in ^ City.
Counc'-lperso Simmons said that sh attended the Airport
Commis :u on Mee= .ng and ::hey we�� working on loing range _Mans.
(MAYOR'S COMM..3, 7,'S)
The Mayor reminded Cou,-,.cil of -he rib'son cutting to bc-_� held aE
the i h_.ttenberc;er Para, on Wednesday at 10:00 a.m. also
reported on several me�_�_ngs x-e was planning to attencz and
also a radio inter view la`_er in ,.J._. week.
( EXECU` IV a SE"SS= REQUEST)
MOVED by Hlouchins, SECO:> :)SD by 'Har?mond that pursuant to Idaho
Stu :tle Coci; Sect_�oa 67 23 an i_?xecuti, -e Session be held
imr .iately ;`ollowin= the Regular CJ....,7 Council Meeti: -q for tl�,e
purpos. of d_ cussing ,rerscn—no.l.
Book 33 Page 228
Roll call vote. Those voting yes: Houchins, Raymond, Ozuna,
Nancolas, Simmons, and Carpenter. Those voting no: none.
Absent and not voting: none.
MOTION CARRIED
(ADJOURNMENT)
MOVED by Houchins, SECONDED by Raymond that since there was no
further business, the meeting be adjourned at 8:15 p.m.
Roll call vote. Those voting yes: Houchins, Raymond, Ozuna,
Nancolas, Simmons, and Carpenter. Those voting no: none.
Absent and not voting: none.
MOTION CARRIED
APPROVED AS written THIS 7th DAY OF December 1992.
p n�i 1 e
C
Councilpe• "on
Councilperson
ATTEST:
Councilperson
City Clerk