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HomeMy WebLinkAbout1997-11-17city council minutesBook 38 REGULAR MEETING NOVEMBER 17,1997 7:30 P.M. The Meeting was called to order by Mayor Winder. Page 313 The Mayor requested that everyone stand for the invocation offered by Reverend Bohlken, Grace Lutheran Church, after which everyone remained standing for the Pledge of Allegiance to the flag. The Roll of the City Council was called with the following members present: Houchins, Evans, Earl, Busch, Langan, and Wells. Absent: none. ADDITIONS OR DELETIONS TO THE AGENDA. It was MOVED by Houchins, SECONDED by Earl to add an item to the Agenda as IA under New Business pertaining to the memo received with regard to the Winter's Subdivision. Roll call vote. Those voting yes: Houchins, Evans, Earl, Busch, Langan, and Wells. Those voting no: none. Absent and not voting: none. MOTION CARRIED AUDIENCE PARTICIPATION The Mayor asked if there was anyone from the audience who cared to address the City Council on any item that was not on the prepared Agenda. Since there was no one, the Mayor declared that the Meeting would continue as outlined. CONSENT CALENDAR The Mayor presented the following items on the Consent Calendar for approval by the City Council: 1. Dispense with the reading of the minutes of the Regular City Council Meeting of November 3, 1997; the Executive Session of November 5, 1997; and the Special City Council Meeting of November 7,1997; and approve as written; 2. Accept the minutes of the Senior Citizen Commission Meeting of September 15, 1997; and the Caldwell Industrial Airport Commission Meeting of November 6, 1997. MOVED by Houchins, SECONDED by Earl to accept the Consent Calendar as printed. Roll call vote. Those voting yes: Houchins, Evans, Earl, Busch, Langan, and Wells. Those voting no: none. Absent and not voting: none. MOTION CARRIED OLD BUSINESS (THIRD READING OF BILL NO. 38 TO AMEND THE CITY CODE, CHAPTER 10 REGARDING ZONING REGULATIONS) The Mayor explained that the first reading of Bill No. 38 was on October 20, 1997, and the second reading on November 3, 1997. He then read Bill No. 38 by title only as follows: AN ORDINANCE TO AMEND CHAPTER 10, OF THE MUNICIPAL CODE OF THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO, REGARDING: ARTICLES 2, 3, 4, 5, AND 6, BY DELETING ALL Book 38 Page 314 REFERENCED FEE AMOUNTS: REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS, AND PARTS THEREOF IN CONFLICT HEREWITH. MOVED by Earl, SECONDED by Evans that Bill No. 38 be passed and entitled Ordinance No. 2212. Roll call vote. Those voting yes: Earl, Busch, Langan, Wells, Houchins, and Evans. Those voting no: none. Absent and not voting: none. MOTION CARRIED (SECOND READING OF BILL NO. 39 TO AMEND THE CITY CODE, CHAPTER 10 REGARDING DUTIES OF THE PLANNING AND ZONING DIRECTOR AND NONCONFORMING USES) Mayor Winder stated that this Bill was read at the last City Council Meeting for the first time. This would be the second reading which he read by title only as follows: AN ORDINANCE TO AMEND CHAPTER 10, OF THE MUNICIPAL CODE OF THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO, REGARDING: ARTICLE 2, ZONING DISTRICT REGULATIONS AND STANDARDS, SECTION 10- 02 -08, NON - CONFORMING USES: ARTICLE 3, ADMINISTRATIVE PROCEDURES, SECTION 10- 03 -02, DUTIES OF TIIE PLANNING AND ZONING DIRECTOR: REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS, AND PARTS THEREOF IN CONFLICT HEREWITH. MOVED by Houchins, SECONDED by Langan that this be considered the second reading of Bill No. 39. Roll call vote. Those voting yes: Houchins, Evans, Earl, Busch, Langan, and Wells. Those voting no: none. Absent and not voting: none. MOTION CARRIED The Mayor stated that the third reading of this Bill would be on December 1 5 ` NEW BUSINESS (DISCUSSION PERTAINING TO THE WINTER'S SUBDIVISION) Mayor Winder explained that this addition to the Agenda under New Business has to do with the Winter's Subdivision. This goes back approximately a year ago when this matter was heard before the Third District Court and the Judge subsequently remanded it back to the City Council. We have been waiting to get this back on our Agenda and.could have done it in a much more timely manner. The City Council was now prepared to at least look at it. The memo from the Community Development Director with regard to this matter was as follows: The Planning and Zoning Commission, with five members present, heard a request at a Public Hearing held on March 7, - 1996, for preliminary subdivision plat approval of Winter's Place Subdivision: At said Hearing, Commission members voted unanimously to approve the preliminary subdivision plat. An appeal hearing requested by Emest and Carole Bull regarding the Commission's approval of the preliminary plat was heard by the Mayor and City Council on April 15, 1996. At said hearing, City Council approved the preliminary plat of Winter's Place Subdivision and requested an opinion from the City's legal counsel regarding the cul -de -sac right-of-way on Joliet. In a letter dated April 26, 1997, it was noted that the City Attorney determined the reversion Book 38 Page 315 in the easement applies only to the area in the cul -de -sac that is outside the right - of -way width of 40 feet extending from the Bull property to North 5th Avenue; the Church property would not be impacted except by additional traffic. No record of the City making a commitment to not open Joliet Street has been found. Mr. and Mrs. Bull naming the City as the Respondent filed a judicial appeal. On November 18, 1996, District Judge Goff remanded the case to City Council for "further proceedings." Richard Harris had indicated to mayor Winder that in order for the Planning and Zoning Commission to hear the request for final plat approval, the City Council has to direct the Commission to proceed. The City Attorney, Richard Harris, stated that the Council has a number of options. They could hear the matter on the Preliminary Plat that was previously before them which was appealed on to the District Court. They could also remand the matter back to the Planning and Zoning Commission. The third option was that the matter be continued with the City Council and set for a hearing on December 22 " Reading between the lines, it sounds as if there will be a possible settlement as to the issues that originally took this to the District Court. In his review of it, it seems that the matter should be resolved and he dad not think the issues were so far apart that they couldn't be resolved. His recommendation at this point would be to either one of two things: either remand it directly back to the Planning and Zoning Commission so that the plat approvals could be accomplished. Certainly by doing that all of the due process requirements would be met because there would a hearing at the Planning and Zoning level and there would be a hearing back before the City Council on the final plat approval. Or Council could do as the Winters were requesting which would be to continue the matter until December 22 for resolution that I would guess would be anticipated on the part of the attorney on the other side. Either one of these two options would be the proper way for Council to proceed at this time. The issues was discussed at some length. The Mayor commented that it would certainly be better if the parties resolved the matter between themselves and come back to the City with some kind of a recommendation rather than the Council trying to resolve it. Mr. Harris also stated that if the issue was not resolved between the parties, the Council would still have the option to send it back to Planning and Zoning on the 22 " MOVED by Houchins that the City Council take the matter of Winter's Subdivision and continue it for a hearing on the 22 of December. Mayor Winder stated that the Regular City Council Meetings were scheduled for the first and the second Mondays of the month. Therefore, the date for the City Council Meeting would be December 15 rather than the 22 "d The City Attorney indicated that the 15 of December would be the date to continue it to. Councilman Houchins amended his motion to state that it would be the 15 of December. SECONDED by Langan. Roll call vote. Those voting yes: Houchins, Evans, Busch, Langan, and Wells. Those voting no: none. Abstain: Earl. Absent and not voting: none. MOTION CARRIED (ACCEPT THE ASSESSMENT ROLL FOR LOCAL IMPROVEMENT DISTRICT 96 -6 AND SET THE PUBLIC HEARING) Mayor Winder informed Council that the next item on the Agenda was to accept the Assessment Roll for Local Improvement District 96 -6 and set a Protest Hearing for December 1, 1997. Book 38 Page 316 It was MOVED by Earl, SECONDED by Houchins that the AssessmeDt Roll for Local Improvement District 96 -6 and set Monday, December 1, 1997, for the Protest Hearing for December 1, 1997. Roll call vote. Those voting yes: Earl, Busch, Langan, Wells, Houchins, and Evans. Those voting no: none. Absent and not voting: none. MOTION CARRIED (CONSIDER A RESOLUTION OF INTENTION FOR THE FORMA'T'ION OF L.I.D. 97 -6 FOR THE PAYMENT OF SEWER AND WATER CONNECTION FEES IN THE CITY OF CALDWELL AND SET THE DATE OF DECEMBER 1, 1997, AS THE DATE FOR THE FORMAT.. PROTEST HEARING) The Mayor noted that this item was with regard to a Resolution of Intention to form an L.I.D. for payment of sewer and water connection fees. This L.I.D. has been initiated by the City of Caldwell to allow property owners to finance payment of connection fees associated with the sewer and water hookups over a ten year period. Participation was intended to be voluntary. MOVED by Evans, SECONDED by Houchins that the Resolution of Intention for L.I.D. 97 -6 be passed and the Public Hearing be set for December 1, 1997, during the Regular city Council Meeting, The Mayor read the Resolution as follows: A RESOLUTION DECLARING THE INTENTION OF THE CITY COUNCIL OF THE CITY OF CALDWELL, IDAHO, TO CREATE A LOCAL IMPROVEMENT DISTRICT FOR CITY UTILITY CONNECTIONS WITHIN SAID CITY; TO CREATE LOCAL IMPROVEMENT DISTRICT NO. 97 -6 FOR CALDWELL, IDAHO, FOR THE PURPOSE OF MAKING SAID IMPROVEMENTS BY SPECIAL ASSESSMENTS TO BE LEVIED AND ASSESSED UPON THE PROPERTY BENEFITED BY SUCH IMPROVEMENTS; DECLARING SAID IMPROVEMENTS TO BE FURTHER AND ADDITIONAL IMPROVEMENTS; STATING THE ESTIMATED TOTAL COST OF SUCH IMPROVEMENTS AND THE KIND OF CHARACTER THEREOF; FIXING A TIME IN WHICH PROTESTS AGAINST THE PROPOSED IMPROVEMENTS OR THE CREATION OF SUCH DISTRICT MAY BE FILED IN THE OFFICE OF TIIE CITY CLERK; FIXING A TIME WHEN SUCH PROTESTS SHALL BE HEARD AND CONSIDERED BY THE COUNCIIL; AND DIRECTING NOTICE THEREOF TO BE GIVEN. There was some discussion with regard to limiting this L.I.D. to residences. The City Engineer explained that this L.I.D. was originally initiated in connection with the Marshall interceptor where there were a large number of residences that were over taken by a sewer line and came under the obligation of connecting to sewer at an inconvenient time. This L.I.D. provides a financing pro -rain for those people and at that time, only residences were considered. Roll call vote. Those voting yes: Evans, Earl, Busch, Langan, Wells, and Houchins. Those voting no: none_ Absent and not voting: none. (PUBLIC HEARING ON THE ANNEXATION OF SYRINGA SUBDIVISION) The Mayor stated that this was the time and place set for the hearing on the annexation of Syringa Subdivision. The zoning of this property was R -1, designated as the Syringa Subdivision and was owned by Val Feller, who lives at 2800 Syringa Lane. He asked if there were any documents to be entered into the Book 38 Page 317 record which there was not and informed those in the audience that they must sign up to be able to testify regarding this issue. The purpose of the hearing was to consider the annexation of approximately 8.77 acres and zone the property R -1 and confirm the Comprehensive Plan designation as such. The applicable sections of the Idaho State Code were Chapter 65, Local Planning Act and Title 50, Municipal Corporations, Chapter ;2, Section 50 -222. The applicable legal standards of the City included the City of Caldwell Comprehensive Plan, Zoning Ordinance 1451 and Subdivision Ordinance No. 1758. After the explanation as to — the procedures, the Mayor opened the Public Hearing and requested a Staff Report from Mrs. James, the Community Development Director. Before continuing with the Hearing, the Mayor requested that all those requesting to speak would please rise to be sworn in by the City Clerk. Mrs. James reported stating that she would first enter an Exhibit, labeled PZ1000, which was a copy of the assessor's map indicating the site. The zoning to the north, east and west was R -1 and the zoning to the south was commercial. This site was County and surrounded by the City. The Planning and Zoning Commission did hear this request along with a request for two phases of subdivisions on October 23` The Commission did recommend approval of annexation to the City Council and also approved the preliminary plat for Phase I and II of Syringa Subdivisions. The applicant seeks preliminary subdivision plat approval to developer 35 residential lots and one drainage lot on approximately 8.77 acres. The Mayor then recognized the person signed to speak in favor of this request. Val Feller, 2800 Syringa Lane, Caldwell. Mr. Feller explained his request for annexation and also stated that he was in accord with the Planning and Zoning Commission and the City Council desires to do with this piece of property. However, he did talk at some length with regard to his preference in having the streets running north and south. In addition, since he has owned the property for some time, he would be pleased if it would stay nice and the people owning the properties in the future would do so. He also discussed the irrigation and the fact that he believed a pressurized system should be required. Mayor Winder explained that irrigation and streets would be items discussed when conditions of the preliminary plats were considered. The only thing to be considered tonight was the annexation and the other was not relevant tonight. Those signed in opposition included Tom Eld, 2623 Syringa and Francis Jewett, 403 Hill Avenue. Both gentlemen stated that they were not against the annexation, but had concerns with regard to the size of the lots and over populating the area and the design of the streets which were not an issue at this time. Mayor Winder noted that the evidence included the PZ1000 Assessor's Map, the Staff Report and the testimony presented. He requested a motion from the City Council to accept the evidence. MOVED by Langan, SECONDED by Earl to accept the evidence as noted by the Mayor. Roll call vote. Those voting yes: Langan, Wells, Houchins, Evans, Earl, and Busch. Those voting no: none. Absent and not voting: none. MOTION CARRIED The Mayor then requested Findings of Fact and Conclusions of Law from the Members of the City Council. Councilwoman Earl stated that she would present the following: Book 38 Page 318 Take part of the Planning and Zoning Commission's findings including 2.1, Applicants; 2.2, Owners; 2.3 Proposal; 2.4, Location; 2.5 Legal Description; 2.7, Land Use; 2.8, Comprehensive Plan Designation; 2.8.1, Low Density Residential defined; 2.8.2, Table 2, Zoning Ordinance No. 1451 requires a minimum lot size; 2.9, Area of City Impact; 2.10.1, Schools; 2.10.3, Utilities and water /Sewer; This is an infill annexation and will help to preserve the agricultural area outside the City of Caldwell; The applicant was asking for the same residential zone and thereby would be afforded the same privileges as the surrounding properties zoned R -1. Councilman Evans added: • Mr. Evans introduced 2.10.5 regarding irrigation. The project site was within the jurisdiction of the Canyon Hill Irrigation District; the District was notified of the subdivision and annexation request on October 7, 1997, and October 31, 1997. The City Engineer noted in his October 7 memorandum that a pressure irrigation system was to be installed with design to be reviewed and approved by Canyon Hill Irrigation District; • Applicable legal standards include the City of Caldwell Subdivision Ordinance No. 1758; City of Caldwell's Zoning Ordinance No, 1451; the City of Caldwell Comprehensive Plan; Idaho Code, Chapter 65 Local Planning Act; and Idaho Code, Title 50 Municipal Corporations, Chapter 2, Section 50 -222. Councilwoman Earl offered as Conclusion of Law that they were based on the applicable standards in the Zoning Ordinance and the Comprehensive Plan, the Local Planning Act, and the Findings just submitted. This would include that the City Council has the authority to make this determination. MOVED by Earl, SECONDED by Langan to adopt the Findings of Fact and Conclusions of Law. Roll call vote. Those voting yes: Earl, Busch, Langan, Wells, Houchins, and Evans. Those voting no: none. Absent and not voting: none. MOTION CARRIED MOVED by Houchins, SECONDED by Earl to close the Public Hearing. Roll call vote. Those voting yes: Houchins, Evans, Earl, Busch, Langan, and Wells. Those voting no: none. Absent and not voting: none. MOTION CARRIED The Mayor closed the Public Hearing and continued on to the next item on the Agenda which was the Bill for this annexation. (CONSIDER BILL NO. 40 TO ANNEX SYRINGA SUBDIVISION) The Mayor read Bill No. 40 by title only as follows: AN ORDINANCE DETERMINING THAT CERTAIN LAND LAYS CONTIGUOUS OR ADJACENT TO THE CITY LIMITS OF THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO; AND THAT SAID LANDS BE ANNEXED TO THE CITY OF CALDWELL, IDAHO, AS PART OF THE R -1 (LOW DENSITY RESIDENTIAL) ZONING DISTRICT; AND DECLARING SAID LAND BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW TO BE A PART OF THE CITY OF CALDWELL, CANYON COUNTY, IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER AND COMMUNITY DEVELOPMENT DIRECTOR TO ADD SAID PROPERTY TO THE Book 38 Page 319 OFFICIAL MAPS OF THE CITY OF CALDWELL, IDAHO; AND DIRECTING THE CLERK OF THE CITY OF CALDWELL TO FILE A CERITIFIED COPY OF THE ORDINANCE AND MAP OF THE AREA TO BE ANNEXED WITH CANYON COUNTY, STATE OF IDAHO AND THE IDAHO STATE TAX COMMISSION, PURSUANT TO IDAHO CODE, SECTION 63 -2219. MOVED by Earl, SECONDED by Langan that this be considered the first reading of Bill No. 40. Roll call vote. Those voting yes: Earl, Busch, Langan, Wells, Houchins, and Evans. Those voting no: none. Absent and not voting: none. MOTION CARRIED (PUBLIC HEARING ON AMENDMENT TO THE CITY CODE REGARDING SUBDIVISIONS) Mayor Winder stated that this was the time and place set for the Public Hearing dealing with amendments to the City Code with regard to subdivisions. No one was signed to testify on this matter. The Mayor briefly reviewed the process for Public Hearings and opened the Public Hearing. He explained that the request was from the Planning and Zoning Commission for text amendments to Subdivision Ordinance No. 1758. The intent of the amendments was to provide the following: a clear understanding of the procedures to receive preliminary plat approval; conditions of preliminary plat approval; significance of preliminary plat approval; two options to construct improvements; final plat approval; and the deletion of certification on the plat by Planning and Zoning; and the deletion of variances. Idaho Code, Chapter 65, Local Planning Act and the Caldwell Comprehensive Plan and Subdivision Ordinance No. 1758 apply in this matter. Linda James, the Community Development Director, presented her report stating that these proposed amendments to the Subdivision Ordinance did go before the Planning and Zoning Commission members on October 23, 1997. At that time, the Commission approved the proposed draft which was included in the Council's packet and made recommendation to the City Council for final approval. There was a letter submitted by David Bailey stating that he did not believe the preliminary plat has to be prepared by a licensed surveyor. He also commented regarding design and construction plans. One of the reasons they were coming before the City Council with proposed amendments was because the current Subdivision Ordinance hints at phasing and does not have any requirements on how to accomplish phasing. It also does not have a process for subdividers or developers to go to construction prior to final plat approval. This proposed amendment would allow the subdividers to have two options once the preliminary plat was approved. They could actually begin construction if the design and construction plans have been approved by Mr. Law. Or they could choose to go to final plat hearing, bond for all the work to be done, get the plat recorded and be able to sell the lot. Whether they could be built upon was another issue and not really addressed in the Subdivision Ordinance because it doesn't belong there. At this time, Mrs. James reviewed several scenarios she distributed to the Mayor and Members of the City Council which she labeled as S -IA and S -I2. These scenarios were attached to the minutes for review by anyone caring to do so. There was considerable discussion with regard to the amendments. One change in Bill 41 was addressed which was with regard to B and C under (6) Conditions of Preliminary Plat Approval which states that no further extensions shall be permitted. It was suggested that this be changed to include that the City Council could permit further extension after the Public Hearing process. Also discussed was the removal of the word variance and that the term waiver was more appropriate. Book 38 Mayor Winder stated that the evidence to be entered into the record for this issue included: S -IA and S -12, the testimony of Staff and Council conunents. MOVED by Evans, SECONDED by Earl to accept the evidence as presented by the Mayor. Roll call vote. Those voting yes: Evans, Earl, Busch, Langan, Wells, and Houchins. Those voting no: none. Absent and not voting: none. MOTION CARRIED The Mayor then asked for the Findings of Fact. Councilwoman Earl proceeded with the Findings of Fact as follows: • She stated that she would again follow the Commission's Findings of Fact presented to the City Council: 2.i, Applicants; 2.2, Request; 2.2.1, The City Engineer and City Fire Chief have reviewed the draft ordinance; any comments offered have been incorporated into the draft; 2.2.3, Linda James testimony at the October 23, 1997 hearing; • The applicable legal standards: City of Caldwell Subdivision Ordinance No. 1758; City of Caldwell 1977 Comprehensive Plan; and Idaho Code, Chapter 65, Local Planning Act. Conclusions of Law: Coluicilman Evans presented: • The City Council was legally authorized by Idaho Code to act on matters such as this; • Proper notification was met and all legal requirements were met. MOVED by Langan, SECONDED by Evans that the Findings of Fact and Conclusions of Law be accepted. Roll call vote. Those voting yes: Langan, Wells, Houchins, Evans, Earl, and Busch. Those voting no: none. Absent and not voting: none. MOTION CARRIED (CONSIDER BILL NO. 41 TO AMEND THE CITY CODE PERTAINING TO SUBDIVISIONS) The next item on the Agenda was Bill No. 41 to amend the City Code pertaining to subdivisions which the Mayor read by title only as follows: AN ORDINANCE TO AMEND CHAPTER 11, OF THE MUNICIPAL CODE OF THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO, REGARDING: ARTICLE 2, PLATTING PROCEDURES /REQUIREMENTS; ARTICLE 4, STREET AND UTILITY IMPROVEMENT REQUIREMENTS; ARTICLE 5, VARIANCES, APPEALS AND ENFORCEMENT: REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS, AND PARTS THEREOF IN CONFLICT HEREWITH. Page 320 MOVED by Earl, SECONDED by Evans that this be considered the first reading of Bill No. 41 with the amendments as discussed pertaining to extensions being permitted with Council approval after the hearing process. Roll call vote. Those voting yes: Earl, Busch, Langan, Wells, Houchins, and Evans. Those voting no: none. Absent and not voting: none. (RECOMMENDATION TO APPROVE THE FINAL PLAT FOR WEST BEECH III) Mayor Winder noted that the City Council members received the recommendation from the Planning and Zoning Commission to approve this final plat. Book 38 Page 321 In addition, Mrs. James stated that this matter has been through the process for the two public hearings before the Commission members. The recommendation does state that all of the conditions have been met or a suitable financial guarantee for completion of construction, as approved by the City Engineer, shall be submitted. Her understanding was that he has approved the form of guarantee and they will be submitting that. MOVED by Houchins, SECONDED by Evans to approve the final plat for West Beech III as presented. Roll call vote. Those voting yes: Houchins, Evans, Earl, Busch, Langan, and Wells. Those voting no: none. Absent and not voting: none. I�NII IiS�Ji•[�71.�.71 =��7 (REQUEST FROM TCI CABLEVISION FOR A CHANGE IN THE FRANCHISE FEE) Mayor Winder explained that all TCI Cablevision was doing was notifying the City that the Fifth Circuit Court has made a decision regarding franchise fees which requires them to change the method that they use in calculating those fees. This will mean an increase of approximately .09 of one percent in the franchise fee effective as of January, 1998. They really have no choice in how they do it. Council would have the authority to lower the amount we collect from them if they felt it was appropriate. If no action was taken on this, they will follow this procedure. Councilman Wells asked if it would be appropriate to get an idea as to the impact this would have. The Mayor answered that the fee generates around $45,000. The quarter of one percent would generate about $500. The suggestion would be to defer this to the Finance Officer for an analysis. (FINANCIAL REPORT) Councilman Evans reported that the Finance Committee has reviewed current accounts payable in the amount of $437,829.40 for the period ended November 12, 1997, and a net payroll of $121,105.95 for the pay period ended November 8, 1997. MOVED by Evans, SECONDED by Earl that accounts payable in the amount of $437,829.40 represented by check numbers 55051 through 55219 and payroll for the total amount of $121,105.95 represented by check numbers 60320 through 60437 and direct deposit stub numbers 6812 through 6901 be accepted, payment approved, and the vouchers filed in the Office of the City Clerk. Roll call vote. Those voting yes: Evans, Earl, Busch, Langan, Wells, and Houchins. Those voting no: none. Absent and not voting: none. MOTION CARRIED (CITY COUNCIL COMMENTS) Councilman Evans reported that the Christmas lights were going up on Tenth Avenue and he felt it was a highlight of the City during the Holidays. There was also a tree lighting on December 5` at 7:00 p.m. He commended the Street Department for doing such a good job. Councilwoman Earl commented on the fact that some changes were occurring in the Planning and Zoning procedures and she felt it was nice to see. Book 38 Page 322 Councilman Langan agreed with these comments stating that this was what he planned to discuss. Mr. 'Langan also reported that he and Councilwoman Earl were getting together to discuss the Community Services Board. He also commented that Mrs. James had a workshop for the Cominission and he was interested in how that meeting went. Mrs. James stated that she felt it went very well and Councilman Wells agreed and believed that Mrs. James did a fine job. (MAYOR' COMMENTS) The Mayor mentioned the following: The Election and the new Mayor and Council Members; an open house was held at Sky Star Aviation; The Judicial Confirmation for the Treatment Plant was approved; Discussed with the Recreation Department and the Police Department the possibility of working together with programs such as the DARE Program; A Veteran's Day program was held at City Hall; Attended the 4 -H Leader's Award Banquet; Talked with Ken Harward of Nampa recently and he intends to leave Nampa and has applied for a position at the Association of Idaho Cities and he would support him in this endeavor. He has not announced this officially; however, Mayor Goering told him that it was going to happen; Enough is Enough Breakfast was the next morning; The Boy Scouts of America were sponsoring a breakfast for Governor Batt; Commented with regard to the financial status of the City stating that significant progress was being made and thanked the Council for their efforts in malting the City in a strong financial condition; and Ada Plamiing Association will have a welcome for newly elected officials. (ADJOURNMENT) MOVED by Evans, SECONDED by Langan that since there was no further business, the meeting be adjourned at 9:20 p.m. Roll call vote. Those voting yes: Evans, Earl, Busch, Langan, Wells, and Houchins. Those voting no: none. Absent and not voting: none. MOTION CARRIED APPROVED AS written THIS 1st DAY OF December 1997. unc person out ilperson a Couhcilperson ATTEST: .���� Mayor Councilperson Coon p rson� „/f Councilperson Oit�k�