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HomeMy WebLinkAbout1997-12-01city council minutesBook 38 REGULAR MEETING DECEMBER 1, 1997 7:30 P.M. The Meeting was called to order by Mayor Winder. The Mayor requested that everyone stand for the invocation which was provided by Charles Wigton, Chaplain at West Valley Medical Center, and for the Pledge of Allegiance to the Flag led by Jeremy Bailey. 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. The Mayor asked the City Council if there were any additions or deletions to the prepared Agenda. Councilman Houchins stated that he did have one addition to the Agenda and would also request that one of the items under the Consent Calendar be moved to be included in New Business. MOVED by Houchins, SECONDED by Earl to add an item under the Consent Calendar as No. 8 which was to approve appointments to the Senior citizen's Center and also to move item No. 3 under Consent Calendar to No. IA under New Business which was to approve a power fee added to the annual lease rates and confirm the lease rates for the Caldwell Industrial Airport. Roll call vote. Those voting yes: Houchins, Evans, Earl, Busch, Langan, and Wells. Those voting no: none. Absent and not voting: none. MOTION CARRIED INTRODUCTION OF SPECIAL VISITORS. Mayor Winder noted the presence of the Mayor Elect, Garret Nancolas, who would be taking office on January 5, 1998, as well as Councilperson Elect, Shannon Ozuna. The Mayor's Assistant, Mr. Vasquez, introduced members of the High School's Government Class. AUDIENCE PARTICIPATION. Ben Peacock, 2009 Lansing, was recognized by the Mayor, and expressed his concern with regard to the smoke caused by wood stoves. He was hopeful that someone from the City could talk to these people and suggest that they do something about the problem. Mr. Peacock also commented with regard to properties in town that were not taken care of. CONSENT CALENDAR The Mayor presented the following items on the Consent Calendar for consideration by the City Council: 1. Dispense with the reading of the minutes of the Regular City Council Meeting of November 17, 1997, and approve as written; 2. Accept the minutes of the following: The Senior Citizen Commission Meeting of October 27, 1997; and the Caldwell Public Library Board Meetings of October 9, 1997; 3. Approve authorizing the Mayor to sign a Professional Services Agreement with Toothman-Orton Engineering for a Taxiway Extension Project; 4. Approve a Resolution to accept the Caldwell Industrial Airport Master Plan: 5. Approve a Resolution for the dedication of sewer and water facilities for Park View Subdivision improvements; Page 323 Book 38 6. Approve Resolution for the dedication of sewer, water, storm drain and street light facilities for Sunridge II Subdivision improvements; 7. Approve appointments to the Senior Citizen's Commission. MOVED by Houchins, SECONDED by Earl that the Consent Calendar as amended be approved. 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. 39 TO AMEND THE CITY CODE, CHAPTER 10 REGARDING DUTIES OF THE PLANNING AND ZONING DIRECTOR AND NONCONFORMING USES) Mayor Winder explained that this Bill was read for the first time on November 3, 1997, and the second time on November 17, 1997. He then read Bill No. 39 by title only for the third reading 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 THE PLANNING AND ZONING DIRECTOR: REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS AND PARTS THEREOF IN CONFLICT HEREWITH. MOVED by Earl, SECONDED by Houchins that Bill No. 39 be passed and entitled Ordinance No. 2213. 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. 40 TO ANNEX SYRINGA SUBDIVISION) Mayor Winder explained that this was the time set for the second reading of Bill No. 40 to annex Syringa Subdivision. He read the Bill 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 HEREWI'T'H; AND DIRECTING THE CITY ENGINEER AND COMMUNITY DEVELOPMENT DIRECTOR TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF CALDWELL, IDAHO; AND DIRECTING THE CLERK OF THE CITY OF CALDWELL TO FILE A CER'T'IFIED 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. Page 324 Book 38 The Mayor explained that the first reading of this Bill was November 17 MOVED by Langan, SECONDED by Evans that this stand as the second reading of Bill No. 40. Roll call vote. Those voting yes: Langan, Wells, Houchins, Evans, Earl, and Busch. Those voting no: none. Absent and not voting: none. - MOTION CARRIED (SECOND READING OF BILL NO. 41 TO AMEND THE CITY CODE PERTAINING TO SUBDIVISIONS) Mayor Winder read Bill No. 41 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. The Mayor stated that the first reading of this Bill was held on November 17 MOVED by Houchins, SECONDED by Langan that this be considered the second reading of Bill No. 41. Roll call vote. Those voting yes: Houchins, Evans, Earl, Busch, Langan, and Wells. Those voting no: none. Absent and not voting: none. MOTION CARRIED NEW BUSINESS (APPROVE A POWER FEE BE ADDED TO THE ANNUAL LEASE RATES AND CONFIRM THE LEASE RATES FOR THE CALDWELL INDUSTRIAL AIRPORT) Mayor Winder informed Council that this item was to approve or consider the fees for the annual lease rates and confirm the lease rates for the power at the Caldwell Industrial Airport. The memo submitted by the Airport Manager was as follows: For the past 21 years, the Airport has furnished minimal power to private hangars. This was originally intended as an incentive for those moving their hangars from the old airport to the new one. Somehow, over the years, this was extended to all private hangar owners. Consequently, all tenants that built private hangars during the past 21 years have been enjoying free electricity. Now that the Airport has grown to over 100 private hangars, the free electricity has become an expense burden. The Commission was recommending a power fee of approximately $36.00 per hangar be added on to the annual lease payment of each hangar. It was further recommended that this be done on a per sq. ft. basis for equity. It was also recommended that the Council confirm annual lease rates for private and commercial tenants at 4 cents per sq. ft. for uncovered land and 10 cents per sq. ft. for covered land. This rate has been in use since the Airport opened and according to recent surveys, was still fair and equitable for southern Idaho. It should be noted that the Commission may recommend increases from time to Page 325 Book 38 Page 326 time. It was requested that these two items be added to the Consent Calendar or the next Regular City Council Meeting. Mayor Winder discussed this request at some length with the City Council. Councilman Houchins commented that he believed there was some way- that this could be considered in two parts. The standard fee for uncovered ground and covered ground was fine. However, he believed some clarification was needed from the Airport Commission with regard to their recommendation. His recommendation would be to table the section whether to adopt a $36 amival fee or whether we do it on a square footage basis. The hangars were different sizes and their electrical needs were different also. Some clarification was needed. MOVED by Houchins, SECONDED by Wells to approve the 4 cents per sq. ft. for uncovered land and the 10 cents per sq. ft. for covered land and to refer the recommendation regarding the fee for electricity back to the Airport Commission to clarify whether they want an annual fee or square footage. Roll call vote. Those voting yes: Houchins, Evans, Earl, Busch, Langan, and Wells. Those voting no: none. Absent and not voting: none. MOTION CARRIED (PUBLIC HEARING ON THE ASSESSMENT ROLL FOR LOCAL IMPROVEMENT DISTRICT 96 -6) Mayor Winder explained that this next item was to be a Public Hearing with regard to the Assessment Roll for Local Improvement District 96 -6. The public was notified that this Hearing would be held at this time and was an opportunity for' the public to voice their objections or protests to the Local Improvement District 96 -6. This District was voluntary and they can sign up if they so desire. If they choose not to participate, they were not compelled to do so. One person was signed to speak in protest to this matter and the Mayor inquired as to whether he had any documents to be entered into the record. Mr. John W. Dickman, 3015 South Georgia who requested to testify, submitted a copy of an easement agreement. Mr. Dickman explained that he was not opposed to the L.I.D. He understood that he could be taken off the roll if he chose to do so and because he chose not to hook on to the sewer, he did not want to participate in the L.I.D. The Mayor stated that he did not believe it was necessary to submit the document as the Engineering Department already had a copy. The Mayor proceeded with an explanation as to the process of the Public Hearing after which he opened the Hearing. Mr. Dickman testified briefly again stating that he would like to have his name removed from the rolls. Gene Enebo, the Engineering Supervisor for the City of Caldwell, presented some facts and testimony with regard to this project. He explained that he had talked to Mr. Dickman several times about whether he would participate. Mr. Enebo stated that the easiest way to handle this matter would be to drop Mr. Dickman from the Assessment Roll and then he would refigure the amounts before filing with the County. He also noted that everyone who has the sewer available was to hook on within a year unless there was a hardship. However, extensions have been given with a maximum of five years. Again, the Mayor explained the purpose of this Hearing and .that it was a voluntary Local Improvement District. He also explained that this was not considered a Quasi Judicial Hearing so there was no need to have the participants sworn in. This issue was discussed at some length particularly with regard to taking Mr. Dickman off the Roll. The City Engineer stated that the purpose of this meeting tonight was to receive testimony concerning the accuracy and completeness of the Roll. If Council has received sufficient information to reach a decision, they Book 38 Page 327 could make a decision tonight. However, if they felt there was a need for more information, his staff would be available to provide that at any time. Mr. Law further commented that there was an open payment period where they could pay off their L.I.D. without becoming part of the bond which has been advertised to begin on this evening. If the Council determines that they would prefer three readings of the Bill, he was not sure how it could be handled. Mayor Winder stated that if Council determines to delete Mr. Dickman, they probably should direct Staff to recalculate the Assessment Roil and bring it back for final approval or direct Staff to correct it. In that way, they could move forward. The Mayor closed the Public Hearing and asked if Council was prepared to make a motion. It was MOVED by Houchins, SECONDED by Evans that they amend Bill No. 42 to reflect that a property located at 1315 South Georgia Street be deleted from the Assessment Roll owned by John Dickman. The Bill was read by the Mayor by title only as follows: AN ORDINANCE MAKING CERTAIN FINDINGS IN CONNECTION WITH LOCAL IMPROVEMENT DISTRICT NO. 96 -6 FOR THE CITY OF CALDWELL, IDAHO, INCLUDING THE NAMING OF SAID DISTRICT, THE CREATION OF SAID DISTRICT, THE HEARING OF PROTESTS AND THE FINDINGS MADE THEREAFTER IN CONNECTION THEREWITH; PROVIDING THE MEANS OF DETERMINING THE VALUE OF REAL PROPERTY IN SAID DISTRICT; SETTING OUT THE IMPROVEMENTS MADE, THE PROPERTY AFFECTED, AND THE BENEFITS TO BE RECEIVED BY THE PROPERTY ASSESSED WITHIN SAID LOCAL IMPROVEMENT DISTRICT; ASSESSMENT ROLL FOR SAID DISTRICT LEVYING THE ASSESSMENT CONTAINED THEREIN, PROVIDING FOR THE PAYMENT AND NOTICE OF SAID ASSESSMENTS, AND PROVIDING FOR THE FINALITY OF THE DETERMINATION OF THE REGULARITY, VALIDITY, AND CORRECTNESS OF SAID ASSESSMENT ROLL; RATIFYING THE PROCEEDINGS TAKEN IN CONNECTION WITH THE CREATION, PREPARATION AND ADOPTION OF THE ASSESSMENT ROLL, THE HEARING HELD THEREON AND THE NOTICE OF SAID HEARING AS TO SAID LOCAL IMPROVEMENT DISTRICT; PROVIDING SEPARABILITY, AND PROVIDING AN EFFECTIVE DATE. At this time, Councilman Houchins stated that he would withdraw his motion and the second agreed that he would withdraw his second as well so that they could pass the Bill by waiving the rules. MOVED by Houchins, SECONDED by Langan to waive the rule requiring that a bill be read at three separate times and read in full for one reading. Roll call vote. Those voting yes: Houchins, Evans, Earl, Busch, Langan, and Wells_ Those voting no: none. Absent and not voting: none. MOTION CARRIED MOVED by Houchins, SECONDED by Evans that Bill No. 42 as amended be passed and entitled Ordinance No. 2216. Roll call vote. Those voting yes: Houchins, Evans, Earl, Busch, Langan, and Wells. Those voting no: none. Absent and not voting: none. MOTION CARRIED Book 38 Page 328 (PUBLIC HEARING ON THE ]FORMATION OF L.I.D. 97 -6 FOR THE PAYMENT OF SEWER AND WATER CONNECTION FEES IN THE CITY OF CALDWELL) Mayor Winder explained that this item was with regard to a Hearing on the formation of L.I.D. 97 -6 for the payment of sewer and water connection fees in the City of Caldwell. There was no one signed to testify either for or against this matter. The Mayor then opened the Public Hearing and again asked if there was anyone who cared to discuss this L.T.D. with the City Council. Since there was no one, the Mayor stated that this was a voluntary L.I.D. and has been a very successful and beneficial program. MOVED by Houchins, SECONDED by Earl to close the Public Hearing. Those voting yes: Houchins, Evans, Earl, Busch, Langan, and Wells. Those voting no: none. Absent and not voting: none. f5[9:16[670[e IZ t Oslo] The Mayor then read Bill No. 43 by title only as follows: AN ORDINANCE OF TIIE CITY OF CALDWELL, IDAHO, CREATING LOCAL IMPROVEMENT DISTRICT NO. 97 -6 FOR CALDWELL, IDAITO, FOR CITY SEWER AND WATER CONNECTIONS WITHIN SAID CITY; PROVIDING FOR THE LEVYING OF ASSESSMENTS UPON THE PROPERTY TO BE BENEFITTED BY SUCH IMPROVEMENTS AND FOR THE BASIS OF MAKING SAID ASSESSMENTS; SET'T'ING FORTH THE PROPERTIES TO BE INCLUDED IN SAID DISTRICT; PROVIDING FOR MAKING THE ASSESSMENT ROLL; AUTHORIZING THE PUBLICATION OF A CALL FOR CONSTRUCTION. MOVED by Evans, SECONDED by Wells that this be considered the first reading of Bill No. 43. Roll call vote. Those voting yes: Evans, Earl, Busch, Langan, Wells, and Houchins. Those voting no: none. Absent and not voting: none. MOTION CARRIED (PUBLIC FEARING ON THE FINAL PLAT FOR KEARNEY SUBDIVISION) Mayor Winder explained that this item was a Public Hearing on the final plat for Kearney Subdivision. Councilwoman Earl will abstain from participating in the decision on this matter. Since there were no documents to be included with the record and no one signed to testify, the Mayor requested that the Clerk swear in Bud Knickerbocker, the Planner for the City. The Mayor continued his explanation of this Hearing stating that it was a short plat with three residential lots located in an R -2 Zone. The applicant was Nancy Burback, 102 Summers Street in Caldwell. The request was for approval of the final plat for the Kearney Subdivision. The applicable sections of the Idaho Code and the Caldwell Municipal Code included Chapter 65, Local Planning Act; Caldwell's Subdivision Ordinance; the Zoning Ordinance and the Comprehensive Plan. The Public Hearing was then opened by the Mayor and he recognized Mr. Knickerbocker, the Planner for the City of Caldwell. Mr. Knickerbocker stated that the case before the City Council was Subdivision IOF -97 with the recommendation for final approval. This was short plat for Kearney Subdivision. The Planning and Zoning Commission met on October 23, 1997, and this matter was heard before them with the recommendation to Council for approval. All public notice requirements as set forth in Idaho Code have been met. There was one Exhibit, PZ 1000, shows the property under discussion. Book 38 Page 329 The Mayor noted the conclusions of testimony on this matter. The purpose was to consider approval of the final plat for Kearney Subdivision. The next step would be to compile the Findings of Fact and Conclusions of Law. Councilman Evans presented the following Findings: • One fact was that this meeting for tonight was properly noticed; • That they were authorized by State Code to sit in a Quasi Judicial mam to -_ hear matters such as this; • There were certain legal standards that have been met including the City of Caldwell Subdivision Ordinance 1758, Zoning Ordinance 1451, City of Caldwell Comprehensive Plan and Idaho Code, Chapter 65, Local Planning Act and other such testimony that may be found in the Staff Report before us. Councilman Evans continued with the Conclusions of Law: • We are authorized to sit in judgment on hearings like this and that all legal standards have been met; • Information provided to us allow us to make a decision at this time. MOVED by Evans, SECONDED by Langan to approve the Findings of Fact and Conclusions of Law as presented. Roll call vote. Those voting yes: Evans, Busch, Langan, Wells, and Houchins. Abstain: Earl. Those voting no: none. Absent and not voting: none. Again, the Mayor stated that the purpose of the Hearing was to consider the approval of the final plat for Kearney Subdivision. MOVED by Evans, SECONDED by Houchins to close the Public Hearing. Roll call vote. Those voting yes: Evans, Busch, Langan, Wells, and Houchins. Abstain: Earl. Those voting no: none. Absent and not voting: none. MOTION CARRIED MOVED by Evans, SECONDED by Houchins to approve SUB- 10F -97, the final plat for Kearney Subdivision. Roll call vote. Those voting yes: Evans, Busch, Langan, Wells, and Houchins. Abstain: Earl. Those voting no: none. Absent and not voting: none. lu[��y[�Il•[ � : G (CONSIDER FINAL PLAT FOR WEST VALLEY ESTATES II) Mayor Winder informed Council that the application was submitted by J. B. Farms for final subdivision plat approval of West Valley Estates Subdivision 11. MOVED by Houchins, SECONDED by Evans to approve the final plat for West Valley Estates II. Roll call vote. Those voting yes: Houchins, Evans, Earl, Busch, Langan, and Wells. Those voting no: none. Absent and not voting: none. MOTION CARRIED (CONSIDER A LEASE AGREEMENT WITH THE UNION PACIFIC RAILROAD FOR PARKING) Book 38 Page 330 Mayor Winder explained that the Police Department needs additional off street parking. Discussions with the Union Pacific Railroad resulted in the proposed lease included in Council's packets. We have negotiated with Luco Prado, Acapulco Restaurants, etc., for resolution to a parking issue wherein he agreed to pay the City a total of $3,250 over a three year period. He has paid the first installment in the amount of $1,000; $250.00 to be paid toward the new lease with Union Pacific on property directly behind the Police Department and $750.00 to be placed where the Staff and City Council agree. The lease was for a period of five years. Your options were to approve as presented or if necessary, modify — but this should be done. One of the requirements in the lease was that the City place a restraining fence along the railroad tracks to prevent people from. walking, running, falling or whatever onto the tracks. The Mayor also informed Council that the City Attorney has reviewed the lease. MOVED by Evans, SECONDED by Houchins to approve the lease for parking with the Union Pacific Railroad. Roll call vote. Those voting yes: Evans, Earl, Busch, Langan, Wells, and Houchins. Those voting no: none. Absent and not voting: none. MOTION CARRIED (RESOLUTION — CONSIDERATION OF CITY STORM WATER POLICY) Mayor Winder explained that this issue was brought to the attention of the City by one of the citizens impacted by the storm water drainage policy which the Staff has instituted. The citizen contended that the City Council also has to adopt those standards prior to the time they were enforced on the general public. He stated that he would ask the City Engineer to explain this matter further. Mr. Law informed the Mayor and Council that he and the City Attorney had been discussing this matter during the first portion of the Meeting. In that discussion, they determined that the issue before the Council tonight could appropriately be divided into three items. The first one was that the City Code in numerous places delegates to the City Engineer the responsibility and authority to review and approve drainage plans. The question on this item was whether this was appropriate and legal for City Council to do. The second item was that if the presumption was made that it was not legal, what should the City do during the interim until a suitable set of storm drainage policies could be adopted. The third item was to discuss and consider whether the storm drainage policy proposed by the Staff was appropriate or what the Council intends for the City to have in place. Those three issues were: Was it legal for Council to delegate their legislative authority in the establishment of policy to the City Engineer, what to do in the interim, and whether the policy proposed was appropriate. Mr. Law stated that he was not prepared to answer questions on the first two items. He believed this should be the City Attorney, Mr. Harris, that would be prepared to discuss the justification for the proposed rules. Mr. Harris informed the Mayor and Council that in various places in the City Zoning Ordinance, there was a reference to Council delegating formulation of policy and standards to the Engineering Department in this particular instance. The question was whether the legislative body, which was the Council, could delegate a legislative function (the establishinent of a standard or policy) to another entity. The answer was that the Council may not do that. The Land Use Planning Act has a provision located in Idaho Code 67 -6518 which provides that a governing board may adopt standards for such things as building design, and etc. Included in this list of items that the Council may adopt was storm drainage systems. It goes on to provide that standards may be provided as part of zoning, subdivision, planned unit development or separate ordinance adopted in accordance with the notice and hearing requirements as mandated by the Land Use Planning Act. The City Attorney further stated that it was his belief that the delegation of authority to the City Engineer was the formulation of the policy or Book 38 the formulation of the standard. Then that standard has to be adopted by the Council by Ordinance in accordance with the Land Use Planning Act. The other option that was provided by the statutes by the use of the word may, was that it was not required of the Council to adopt any policy or standard. In the current situation as I understand it, an individual has made an application to the proper department for the issuance of a building permit. The issuance of that permit depends on whether there was compliance with policy that has been adopted by the Engineer's Office relative to the storm drains. The issue was that the Council hasn't adopted and therefore, the City does not have a policy. Therefore, the City cannot withhold the issuance of this building permit. That was the decision that the Council was going to have to make; whether to adopt a standard or not to adopt a standard. If the City does not adopt a standard, then the obligation on the part of the land owner was that if storm water or other water collected on his property escapes the property and goes on to another person's property and causes damage, that owner was liable for that damage. The formulation of standards and policies was to prevent that kind of thing from occurring as well as adopting standards that provide for storm drainage throughout the entire City. If the City permits a policy not adopted by Council, then there becomes a question of how that interpretation was made, where decisions were made pursuant to that policy becoming final, was there an appeal process, who has the last word, and etc. It was his belief that the City Council, if it adopts a policy, has to do so by Ordinance. The Council could choose not to do that. If the Council directs the City Engineer to formulate a policy, then the City Engineer could formulate it and it was up to the Council again to adopt it or reject it. Finally, what happens during this interim period of time. There was apparently not a policy or standard relating to storm drainage systems currently adopted by the Council. What happens to this building permit or any other review of permits until and unless Council does adopt a policy. His belief was that Council has as options to either waive the requirement, direct that the building permit be issued forthwith or the Council could declare a moratorium on the issuance of any building permit until there has been an opportunity for the Engineer to present such policy to the Council and they can formally adopt the policy. Evidently, Mr. Gilbert has been held up with reference to this particular building permit for some fame. If Council declares a moratorium, it was going to take more time to resolve this issue. He was not familiar with the facts of this particular situation and did not know if a waiver was something feasible in this instance. That was something the Council would have to make an inquiry about. It would seem to him that these were the options that the Council has in the action that could be taken this evening with reference to this particular issue. The Mayor asked the Attorney that if the City does not adopt standards, then what standards prevail? Mr. Harris answered that there would be no standards until the Council adopts them. Mayor Winder further commented that if the City does not adopt any standards as a governing board, then on what authority would we have the right not to issue a building permit? The City Attorney answered that in reference to that particular issue, there would be none. Mayor Winder stated that this was what the Council needed to understand. If we do not have on the record an Ordinance that has been adopted and agreed to, we cannot stop someone from going forward with building. They, of course, would need to understand that going ahead would have to be at their own risk. He appreciated the fact that Mr. Gilbert brought this matter to the City's attention. No one intended to deprive the public of due process or their legal rights. The discussion on this matter continued for some time and during that time, Mr. Gilbert also addressed the City Council, The Mayor commented that he believed they had the responsibility to allow Mr. Gilbert to pick up his building permit tomorrow without any particular standards on it. If at some time in the future, Mr. Gilbert has a problem with storm water run off that floods someone or washes out City street, the City has recourse through the courts. Page 331 Book 38 Page 332 Further input was received from Greg Brown, a general contractor, and the Mayor Elect, Garret Nancolas. It was agreed that this issue needs to be taken to the public, look into what surrounding communities require and to the particular people that would be effected. The City Engineer did continent that they did check other communities and particularly, the Ada County Highway District who were in the process of stiffening their standards. A number of professionals in the Valley were consulted for advice and input that was provided voluntarily. It was not something done by a single person. Mr. Law also stated that after hearing issues raised by Mr. Gilbert, he would say that he was more in agreement. with Mr. Gilbert's contention than he was with previous instruction in the City Code. The discussion continued for some time particularly with regard to the time frame needed to prepare the standards and policies and what could be done during the interim period. During the course of the discussion, it was agreed that Mr. Gilbert be issued his permit. The City Engineer commented that before Council determines a date for this process, he would ask that they be certain there was enough public notice involved. He would like for them to consider that there would be a certain amount of dedication of time and monies that would be necessary in order to complete this. Councilman Houchins further stated that his motion at this time was: MOVED by Houchins, SECONDED by Evans that the Engineering Staff and Legal Staff be directed to come back to the City Council with a rnininiurn standard recommendation and then put out the necessary notices for Public Hearing. Again, there was considerable discussion with input from the City Attorney. Councilman Houchins withdrew his motion with approval from the second, Councilman Evans. It was then MOVED by Earl, SECONDED by Evans to direct Staff to come back to the City Council with a time line calendar as to how to proceed and address this in a systematic way with a report at the next meeting to include issues defined in the Local Planning Act 67 -6518. Roll call vote. Those voting yes; Earl, Busch, Langan, Wells, Houchins, and Evans. Those voting no: none. Absent and not voting: none. MOTION CARRIED (FINANCIAL REPORT) Councilman Evans reported that the Finance Committee has reviewed current accounts payable in the amount of $527,678.01 for the period ended November 26, 1997, and a net payroll of $120,899.05 for the pay period ended November 22, 1997. MOVED by Evans, SECONDED by Earl that accounts payable in the amount of $527,678.01 represented by check numbers 55220 through 55488 and payroll for the total amount of $120,899.05 represented by check numbers 60438 through 60551 and direct deposit stub numbers 6902 through 6992 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) Book 38 Page 333 Councilwoman Earl reminded the City Council that December 11, 1997, was the employee's award party from 4:00 to 5:00 p.m. There would be entertainment and the Employee of the Year and the Supervisor of the Year will be announced. In addition, longevity awards would be presented. Councilman Houchins noted that he stopped by Plant Marketing, Inc., on Arthur Street and welcomed them to the community. (MAYOR'S COMMENTS) Mayor Winder commented on the following: The new fee structure of Cablevision which will amount to an increase of about $40 - $45 a year; attended the Enough is Enough kick off breakfast; a discussion was held with Canyon County regarding a Metropolitan Planning Organization or a Regional Public Transportation Organization; a discussion was held with Treasure Valley Partnership; mentioned naming a street after the Griffith's family; Brandt Agency opened a branch office at West Valley Estates; attended an A.P.A. Water Shed Meeting; he and the Mayor Elect and their wives were attending the Ida - Ore Planning and Development Association Meeting; there would be a tree lighting ceremony on December 5 and the Christmas Parade was scheduled for December 13 and Leo Holmes was in and discussed a noise ordinance. (ADJOURNMENT) MOVED by Evans, SECONDED by Houchins that since there was no further business, the meeting be adjourned at 9:40 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 15th DAY OF Decemher 1997. J ° c p t ` erson oun ilpers n T � Cou cilperson ATTEST: Richard H. Winder, Mayor Councilperson Co 'lp'so s Councilperson City Clerk