HomeMy WebLinkAbout1991-12-02city council minutesBook 32
R70ULAR _"'77TING
Ds 2, 1991
7:30 p
Thy. omeeting ms caled. to by ayor
Page 24
The Mayor requasted unst everyone stcnd for the PISQ9 of
to thy. Flag.
The -toll of the City Council was called with the follmwmr
members present: Carganter, Nouchins, Raymond, and Valdez.
ZVosent : Nancoa,,'. and
(ADDITICXS TO - ,. - 7 AGHN_
Mayor Inkan awed if there was any adJ. wo the Agenda a t
this ti ms. As there was none, the Mayor deolDred that the
mcating nciaid atz
CONSENT
The Mayor prese-, following items for consideratAon by
City '
1. Dispense with the reading of t , n minutes of the
Regular City Council Meer mg of Novembe,. 18, j.,91, an��
apprc�e as
2_ Accept the minutes 7rom Sanior
Citizens Center Commission Me ing of Novembe 18, n9Q1,
Airgort Comnission Neeting of November 7, 1991 an! the Gnif
Board Meeting held 0_71 N-Ovemb-i 13,
Deny a requnst for vithdrawal from the Caldwell
M7nicipa1_ IrrigKion District sybmitted by Frances Reherts
Nelson as withdrawal m� have an advo effect an the
finances o! a prop ..sed nev Trrigation District and for, ord
requ: - .:-_ - _ --. to P__cneer Irrigation
I Accept utility ease - ic - _.ts from Postoc; -: - Warr, ns and
Cemetery and North Ohio as weil as a frainage easement on
East Chicago from Tom Burns and instruct the City Clerk to
reccTA the eQsementn:
'D. Approve appointment of ,."eve Upson to replacf�
Audrey Tirnbaum on the Interim Committee to wort on the
cosation cf a i - _'eistric,
Councilman 7aymond voiced some concern with regard to v4a
request for withdrawal from the Irrigation District due tc
the forthcoming changes that would take place. The Mayor
commenten that inasmuch Ps the City was responsible fcT the
system unt2l Octob2r lst, aothing has really chauged as far
as City `-, concean.ed un__ than -
MOVED Q Raymond, SECOWDED bj Carpenter that the Consent
C,' apprc as ?, :resents:'..
Rol. call vote. Those voting ss _, m a n d, V
and - ,!:'reenter. Houchins duo - .o a
conflici::, Those voting no: imns. Ahsent and not voting:
Na. Mu_ ch.
OLD BUSINESS
(SECON- READING OF BILL NO. 37 ', 7 GARD:_ YARD :�-
Mayor Dakan read Bill No. 37 title only as follows:
AN 02DINANCE "%MENDING THE MENTCIPAL CODE OF THE CITY OF
CALDWEIL, STACS OF !UARO, BY REPEALING SECTION 14 OF
CHAPTER 17, OF TITLE IV OF THE CITY CODE PERTAINING T
A. D SALES AND ADDING A NEW SECTTON 14, CHAPTER 17 OF
T111E IV aEGARDING YAAD SALES: REPEALING ALL
ORDINANCES, RESOLU17ONS, 07DER C,' ?ARTS 77JERLG , IN
CONF•_'_,'_' HEREi, ,, _TH.
Book 32 Page 215
MOVED by Raymond, SECONDED by Houchins to suspend the rule
requiring that a bill be read at: three separate times and
that Bill No. 37 be passed after reading the Bill by title
only for two readings.
Those voting yes: Raymond, Valdez, Carpenter, and Houchins.
Those voting no: none. Absent and not voting: Nancolas and
Murdoch.
MOTION CARRIED
MOVED by Raymond, SECONDED by Houchins that Bill No. 37 be
passed and entitled Ordinance No. 1927.
Those voting yes: Raymond, Valdez, Carpenter, and Houchins.
Those voting no: none. Absent and not voting: Nancolas and
Murdoch.
MOTION CARRIED
(TABLE ITEMS PERTAINING TO THE CALDWELL AIRPORT)
The Mayor explained that due to the lack of technical
information, he would request that the following items be
tabled until the next meeting:
Resolution - Comprehensive Plan designation for
property adjacent to the Caldwell Industrial Airport.
Bill No. 34 - Request for zone change for property
adjacent to the Caldwell Industrial Airport.
Bill No. 35 - Request for annexation of approximately
130 acres contiguous to the Caldwell Industrial Airport.
MOVED by Carpenter, SECONDED by 'Valdez that those items as
designated by the Mayor be tabled until the next Regular City
Council Meeting.
Roll call vote. Those voting yes: Carpenter, Houchins,
Raymond, and Valdez. Those voting no: none. Absent and not
voting: Nancolas and Murdoch.
MOTION CARRIED
NEW BUSINESS
(PUBLIC HEARING ON ZONE CHANGE FOR PROPERTY LOCATED AT AIRPORT
BETWEEN AVIATION WAY ON THE NORTH, I -84 ON SOUTH AND THE CITY
LIMITS ON EAST AND WEST)
Mayor Dakan opened the Public Hearing on a zone change for
property located at Airport between Aviation Way on the
North, I -84 on the South and the City Limits on East and
West.
Since there was no one signed to - testify, the Mayor declared
the Public Hearing closed.
(CONSIDERATION OF BILL NO. 39 PERTAINING TO ZONE CHANGE ABOVE)
The Mayor read Bill No. 39 by title only as follows:
AN ORDINANCE CHANGING THE ZONING OF CERTAIN PROPERTY
WITHIN THE CITY OF CALDWELL„ IDAHO FROM M -1 AP (LIGHT
INDUSTRIAL; AIRPORT OVERLAY) TO I -P AP (INDUSTRIAL PARK;
AIRPORT OVERLAY); DETERMINING THAT SAID CHANGE IN ZONING
IS IN THE BEST INTEREST OF THE CITY OF CALDWELL, IDAHO;
INSTRUCTING THE PLANNING AND ZONING DIRECTOR TO
DESIGNATE SAID PROPERTY AS I -P AP ON THE OFFICIAL
ZONING MAP IN ACCORDANCE WITH THE ATTACHED EXHIBIT "A"
WHICH IS MADE PART OF THIS ORDINANCE; AND REPEALING ALL
LAWS, ORDINANCES AND RESOLUTIONS IN CONFLICT HEREWITH.
Teri Ottens explained that the Planning and Zoning Commission
at their Regular Meeting of October 17th considered this zone
Book 32
Page 2
change and forwcrded a recomimerf cF appro to the City
Ccuncil. The Commission favoraf an lWastrial Park Zoning
District Wr the site dui to its location adjacent to the
fresTay corridor. Also tha purpose of tho I-F zone is to
preserve am enhance areas containing manufoturing and
related_ cstablishments within open attractive --otting,
tvaically appropriate in !DCatic nea7,. major '.
freeways and other suites la places. The Airport Commission
recor-onded - - - , - n.is zc',ne chang< as weir -,—
Ccunci-� Ra ccm:', gat he - . , ,- - )rked the Airport
Mmmissico and hTard their discussions on this particular
Bill. They agreed with the concept and ware enthused about
it.
Mrs. Qt7ens informed Council that theTa was no particular
need for k4e Bill -, *-o be ,.gassed at - phis
MO WD by Raymond, SECONDED by Houchins that this be
considered the first of Bill o. 39.
Roll Cal: vote. Those votin-, yes: Raymond, Va e z,
CarInnter, and Houchins. T"se voc no: none. Absent and
not Nancolas and Mvrdoch.
,-'OTION CARRIED
(PUBLIC 7EARING ON PRCDOSED AW7NDMENT TO SEC71ON 6-4-4 (G & 7 1)
AND SEC /E & F,' OF ZONI ORD-
M,.yor >an
c
Pub J'.
Hea2: on - L:'ie pro'
ag?ndment
to Section 6-4-4
(G &
;",, and 5-4-5 •7; F)
of zas Zoni7g
Ordinance.
Since
ttare was no one signed to
test ~fir to
this item, the
mayor
declared thn Public Hearing
closed-
PERMITS; REPEALING ALL ORDINANCES, 27SOLUTION" 0..:
SRS
(CONSIDIRATION OF BILL NO. 4C ISLATIXG TO THE ABOVE AVENDMEX9 TO
THE CITY 7ODE)
The Maycr read Sill No. 10 by nitle wK y as W3 lows:
AN OR DTNANCE TO AMEND TITLE CHA 4,
S: ,- ,CTION '-,
!G)
(H) AND TITLE V!,
CHIFTER 4, SECTION 5
(0) On OF
W7
MUNICIPA! CODE
OF THE CITY 0: CALD
011
CAVYON, STITE OF
WAHO FF` 70 TAI
,-, ,PPEAL P20CESS
TO CITY COUNCIL
FOE SPECIAL USE PARMITS
AND VARIANCE
PERMITS; REPEALING ALL ORDINANCES, 27SOLUTION" 0..:
SRS
AND PAaTS THER
IN CC,', REWI 1i
Bill Givray, tha City < pointod out the p'-:rposs
W the amRndments was to tie the Contestal Matters Procelure
CrOinance into Planning and Zonipg matt ers. He felt it nas
wo while to make sure there was ne ambig in the Code
as it v�late8 - , - ,o Plan. and Zoning - - .% - �. - 1ich ind - be tho
zost often use? vehicio for this kind oE prod d;ire The fact
ttat it nas gona throngh Planning c: :..�d Zcn, ano was
presented im the Cc)urc±l was a double protect:i.on against
anyone cla�_-Ang that the -,)rdinc not apply to
P1annfn7 and Wning itsms. Mr. Gigray furthe-- stated that it
eras rea-
y a ho , sekeep - '. ..g item.
The Attorney further requested that the City Clark dou2le
check the ref?rence to the Chapter, Numbc 25. ,'- ball
frcy the Codifiers with regard to this Chapte, -
N It was `Dund there was an Cha '-.r 25
aafed to the City Code during tie time his Bill was being
prspared and designated as Chapter 25. A letter was sent to
the Codifiers explaining the problem and it ins taken care of
administratively. If Chapter 25 is incorrect and should be
Chapter 25, perhaps it should do includ,ed in 1-1 reading of
t Bill
The Clark assored Council that there was a need to correct
the Chs§ter to Number 25. A :,ter was sent to the Codifiers
Book 32 Page 217
making this change and the Bill would be corrected by the
next reading.
MOVED by Raymond, SECONDED by Valdez that this be considered
the first reading of Bill No. 40 with the correction to be
made regarding the chapter numbering.
Roll call vote. Those voting yes: Raymond, Valdez,
Carpenter, and Houchins. Those voting no: none. Absent and
not voting: Nancolas and Murdoch.
MOTION CARRIED
(BILL NO. 41 - AMEND CODE REGARDING PERMIT AND INSPECTION
REQUIRED FOR SEWER CONNECTION)
At the request of the Mayor, the City Engineer explained that
presently, the City has no way of knowing when someone is
hooking up to the sewer. Normally, they come in a sign up
with the City, but it is possible and has happened where
connections have been made without the City's knowledge.
This was the first reason for asking that a permit be
required to hook up to the sewer so that the billing
procedure can proceed. Mr. Cory further informed Council
that secondly, they would like to be able to inspect
connections to be sure that they are done properly and also,
that the public right -of -way is restored in an apropriate
manner. This was an attempt to take care of both problems.
There was some questions presented to the City Engineer and
discussion among Council Members as to whether the Bill will
control the activity of hooking up to the sewer and allowing
the inspections. Mayor Dakan then read Bill No. 41 by title
only as follows:
AN ORDINANCE OF THE CITY OF CALDWELL, IDAHO, REPEALING
CHAPTER 3B OF TITLE III, SECTION 7, AND ENACTING A NEW
CHAPTER 3B OF TITLE III, SECTION 7 CONTAINING
SUBSECTIONS (A) THROUGH (G) WHEREIN IT IS DECLARED
UNLAWFUL FOR ANY PERSON, FIRM, JOINT VENTURE, TRUST,
PARTNERSHIP, ASSOCIATION OR CORPORATION OR ANY ONE
ACTING AS AN AGENT THEREOF TO UNCOVER, CONNECT WITH,
OPEN INTO, USE, ALTER OR DISTURB ANY CITY SEWER OR
APPURTENANCE THEREOF WITHOUT A PERMIT FROM THE CITY
ENGINEERING DEPARTMENT; PROVIDING FOR THE FURNISHING OF
INFORMATION IN THE APPLICATION FOR PERMIT; AND PROVIDING
FOR THE ESTABLISHMENT AND PAYMENT OF A FEE FOR THE
PROCESSING OF THE PERMIT AND THE INSPECTION OF THE WORKS
TO BE APPROVED BY THE COUNCIL BY RESOLUTION; PROVIDING
FOR THE PERMITTEE TO NOTIFY THE CITY ENGINEERING
DEPARTMENT OF THE TIME TO INSPECT; PROVIDING THAT THE
INSPECTION SHALL BE DONE TO INSURE THE INTEGRITY OF THE
SEWER AND ITS APPURTENANCES; PROVIDING FOR A TIME OF
NOTIFICATION FOR INSPECTION AND PROVIDING FOR A FEE FOR
RE- INSPECTION; DECLARING A VIOLATION OF THIS ORDINANCE
TO BE A MISDEMEANOR AND PROSCRIBING A PUNISHMENT; AND
PROVIDING FOR AN EFFECTIVE DATE.
MOVED by Houchins, SECONDED by Carpenter to suspend the rule
requiring that a Bill be read at three separate times and
that it be read in full for one reading.
Roll call vote. Those voting yes: Houchins, Raymond,
Valdez, and Carpenter. Those voting no: none. Absent and
not voting: Nancolas and Murdoch.
MOTION CARRIED
MOVED by Houchins, SECONDED by Carpenter that Bill No. 41 be
passed and entitled Ordinance No. 1931.
Roll call vote. Those voting yes: Houchins, Raymond,
Valdez, and Carpenter. Those voting no: none. Absent and
not voting: Nancolas and Murdoch.
Book 32 Page 218
MC l'' CARRIED
(RESOLUTION 70 ADOPT FEE SCH7DULE SEWE?, CONNEC'.TTON PEI ,`, = AND
INSPEC71ON)
The ayor en?lair ed that t is Resolution was prepared to
adopt the feeq for sower connection2 any qnspectlons in
conjunction with Bile_ No. 41 that was just passea. The
Resolutio was in `..7- as
BE IT RESCLVED That the lees for sewer connect tio
permits and insgaction as set forth Kai the pztitior
a Tnched hereto a=d made a part hereof as though set
forth in full are horeby aGopted My the City Council,
City Caldwz .!,
MOVED Q Raymond, SECCMDED by Houchins that the Resolution
authorizing Zip fees for sewer connectior permits and
ipFoectioy of Cit sewe s - ne pass,- as p
Roll call qote. Those voting y2s: Raymond, Valdez,
Carpenter, and Houchi�--.n:, Thcs�.- voti lao: C - Abs^nt an
nr:�t vota.n7 Nan.. anc.', Murdcc.-..
MOTION CARRIED
(RESOnUTICY AUTHOPIZING EVECUTICS OF TX7 CITY STREET FTNANCE
REPOR7)
May= Dakan explained
that
this report is
an annual
requi-_ ament by the State.
it is
a locumentation
of revenues
and exDnnditu=eS of tie
Street Department.
It is to bc
p-blishcc, in the local newspaper
for the purpose
of informing
tanpayers and the Statc
that
0 fun-s are
- .—ing erit
properly.
that
cortain City
Street Finance
The May—, read --he Resc
RESOLUTION V:THDRIZING THE
-,, � ,- \.YOR kl
CITY C- THE
CITY OF CALDWELL, IDAHO,
TO EXECUTE
THE CITY STRFET
,'!NANCE - E - PORT FCR THE
_ -, ,TY
OF CAT:DWELL,
BE :T RESCIV7D That
the Mayor
and City Clark of
the City of Caldwall
be,
and - C - -c ,
same hereby -ire,
authorized to execute
that
cortain City
Street Finance
Report attached hereto
and
mado a parV
hereof as if sot
forth in full in accor6a7
with Idaho
Coc�e 40-7
MCUED by Raymond, SECOND7D by Konchins that the Resclu.lion
ate_ voorizing the eHacution of the City Street Finance Report
be passed as presented by tn Mayo.
Roll ccll vot" These votnng yes: Raypond, Valdez,
CE:;:pentey, and Hcuchins. Those ooting no. nons. Absen and
no ., - . -oting Nancolas and '.'
MOTION CARRIED
(REQUEST FRC 7 RANCIS jEWET! - 0 HAVE CIT GRAD' `=L LAN9)
Mayo Daka- requested that the City Engineer give SOM2
backgLo inf oertain- to ite��i on the 'agenda.
Mr. Cory reported that F=antis 02wett oquested the Cicy to
grate Hill Lane. However, since HJ.11 Lane a p:,.,-..-
Francis was told this must ts discnv wi1",1 the
City - licy is not allor City pquipment on pi7ivate
p7operty becauss of insurance costs. Af', a 6, with
the Mayor it was deter fined that if the roil was 2D7, a
deenad public right: of wan it wow --,,,' not ze graded- Althoagh
Hill wane is a gravel roadyny and has been for many years,
most of it has -. been deedcJ. to tna- City - r-c — public right
of way. Roadways that have not been deeded to the City of
pwlic usa have not been , , ,, aintain-., , . - 7 by tl City.
Book 32
of these roads has been up to the individuals using them.
Page 219
The City Engineer further stated that Mr. Jewett went
directly to the Mayor. At that time, the Mayor explained
that the work could not be done since it was a private road.
However, he would present the matter to the City Council for
their direction. Mr. Jewett was told that there are too many
private lanes throughout the City. If it was determined to
maintain one, all the rest would most certainly request equal
treatment. Mr. Jewett considers this request to be of a
unique nature in that he removes snow in the public right of
way with his own equipment although he has not been requested
to do so.
Councilman Raymond stated that he agreed with the policy and
did not want the City to get involved in grading private
lanes. He felt it was appropriate for the City Council to
reaffirm the action taken by the Engineering Staff and the
Mayor.
MOVED by Raymond, SECONDED by Carpenter that the City Council
endorse the Engineering Department's decision and the Mayor's
decision that the City not be engaged in grading private
lanes.
MOTION CARRIED
(REPORT ON THE INCUBATOR PROJECT)
Mayor Dakan informed Council that there was to be a report
made by Mr. Munn tonight on the Incubator Project. However,
Mr. Munn was not present at this time so the item would be
delayed until another meeting.
(FINANCIAL REPORT)
Councilman Valdez reported that there was currently accounts
payable in the amount of $311,217.29 and a payroll in the
amount of $302,328.98 for the month ended November 29, 1991.
MOVED by Valdez, SECONDED by Houchins that the accounts
payable in the amount of $311,217.29 represented by checks
number 22524 through 22795 and a payroll for the amount of
$302,328.98 represented by checks number 35719 through 36088
be accepted, bills paid, and the vouchers filed in the Office
of the City Clerk.
Roll call vote. Those voting yes: Valdez, Carpenter,
Houchins, and Raymond. Those voting no: none. Absent and
not voting: Nanoolas and Murdoch.
MOTION CARRIED
(AUDIENCE PARTICIPATION)
The Mayor asked if there was anyone from the audience who
cared to address the City Council at this time. Since there
was no one, the Mayor declared that the meeting would
continue to the next item.
(COMMITTEE REPORTS)
Councilman Valdez reminded the Council Members that they were
having their Christmas dinner on December 12th at 12:00 Noon,
their Volunteer Dinner on December 16th and all Council
Members were invited, and on December 18th, they were having
their annual auction at the Center at 1:00 p.m.
(MAYOR'S COMMENTS)
The Mayor expressed his appreciation to the Council for the
many hours spent the last six months in striving to solve
some of the difficult issues that have come before them.
Book 32
(ADJC_:._?NMElN'l
May,'_. Dakan J-n-for Coun.cj_:.. that ac? woultfl erLterta'..v , a mo .nn
for F" 'nurnmn ':. at time,
Carpet ,'_�, SEC(" b Valdcz 'Chat since the-l was
no - urtneL ousinc—s that - .he mp_ '_ing 'cc, adjou:;_ at 3:10
P.
13 --) 1 1 c I v0 t, Tho m:- Vot4 yes:
Carpen:ler, Hcuchins,
R:7i"mond, ' Val VC . r' . .7� no , ,7 , ,ne. not
7
MOTION CARRIED
APPRO_1�7D AS w r i t t TH 1 DAY OF' Decerd3er 1
Council
ATTEST
City C
7
e
Count .-.oerson
Cc-,T-acilpe-fsD-a