HomeMy WebLinkAbout1993-12-06city council minutesBook 34
REGULAR MEETING
December 6, 1993
7:30 p.m.
The Meeting was called to order by Mayor Pro Tem Raymond.
The Mayor Pro Tem 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: Raymond, Ozuna, Nancolas,
Carpenter, and Houchins. Absent: Simmons.
The Council was informed by the Mayor Pro Tem that Mayor
Dakan was out of town to attend a meeting on behalf of
the City of Caldwell.
(ADDITIONS OR DELETIONS TO THE AGENDA)
Mayor Pro Tem Raymond requested approval from the City
Council to add two items to the prepared Agenda to be
considered as No. 1 and 2 under New Business. The first
was a request for an Executive Session immediately
following the Regular Meeting for the purpose of
discussing personnel and the second was a request from
the Golf Board pertaining to fees for the coming year.
MOVED by Nancolas, SECONDED by Ozuna to accept the added
items to the Agenda as requested by the Mayor Pro Tem.
Roll call vote. Those voting yes: Nancolas, Carpenter,
Houchins, Raymond, and Ozuna. Those voting no: none.
Absent and not voting: Simmons.
MOTION CARRIED
(CONSENT CALENDAR)
Mayor Pro Tem presented the items on the Consent Calendar
for consideration by the City Council as follows:
1. Dispense with the reading of the minutes of the
November 15, 1993, Regular City Council Meeting and
approve as written;
2. Accept the minutes of the various Boards and
Commissions as follows: The Workshop Session of the
Planning and zoning Commission and Traffic Commission
held on November 4, 1993; the Planning and zoning
Commission minutes of the November 18, 1993 meeting;
Caldwell Senior Citizen's Center Commission minutes of
the November 15, 1993 meeting; and the Caldwell Public
Library Board minutes of the November 4, 1993 meeting;
3. Approve renewal of farm lease at the Airport
with Leland Earnest which concerns 19.102 acres on the
East side of Ustick. The renewal was requested by Mr.
Earnest;
4. Approve the transfer of Acarregui and Baker
lease at the Airport to Treasure Sport Aviation, Inc.;
5. Authorize the Mayor to sign the 1994 Certified
Local Government grant contract involving the City of
Caldwell;
6. Accept the right of way deed from Multico
Corporation and authorize Mayor to execute deed from City
to Multico.
MOVED by Houchins, SECONDED by Carpenter that the Consent
Calendar be accepted as presented by the Mayor Pro Tem.
Page 255
Book 34
,.oll cal- vote. Those voting yes Houchins, Raymond,
Czi - )se vo no: none.
�i!.a, Nan - colas, Carpenter- ^'_o
se
Abseat and n.ot vct_-'1. Simmons
MOTION CARRIED
AL this point in. the meeting, the Mayor Pro Tem
recognized Scout Trcai No. 269 and a.sill-ed each. of the boys
to in- themselves. The Leader axplain that the
roop was present because of a Cizll.zenship in thc=
Community Badge.
OLD BUSINESS
Page 256
(INFOT MEMO REGARDI THE AREA OF 7 1yiPACT STATUS REPORT)
Der% Crooks, the 1DI and Zo1 Director, briefly
updF-,:- the City Council regarding th item. Mr. Crooks
stateo'. '-hat he and the City Attorney met that afternoo
_th County Commissioners, the County Planning and,
Z Iinq AdUM.inistral_or, an(. the County Prosecutor. The
mec...Lng was an introductory meeting zo the area of i
will be o-ngoing witn. the Cct, in the
.near _ 7ssentiza.11y, about structure
format, crmat, organization, a, how the renegctiatJ,. will
occur. Secondly, they talked about the geographical
of the Area of TmpacL and how they might
consider some adjustments in those lboundarics- As you
will recall, about a mc,1th ago the Cc was informed
alcout a cl-=ge -in the State Code which ex' Lle time
Lame for - , , , -, hich to complete those - for area
of '_ impact with the County. The Counc 4 - r I initially
ally
adopted the "Committee of Nine" Where thee Council
Members from the City of Caldwell were designated to meet
v ,r_'Lth the 1- County Cc�imissioners along with a select
group of people from the area. The to
nego-- , ate ij.. that fashion 'has changed because of the
amendm to I daho Code. Mr. Crooks stated that he,
the City Attorney, plan to write a memorand r
--long h i :,, , - I
tc Ccunc and propose some different options. It was
th'_r plan to have it for Council at the next meeting.
Th i s "as a - - he
h Ls i hr'Laf upcta�.-_ as to what transpired today. '
meetLccli was positive and the CJJ.ty could assume that it
v e j resolved and complete in a reasonable time.
-
The Mayor P.fo Tem asked j_f the City of Middleton. was
represented, Mr. Crooks a.n.uwered that they were n .
One o'- -he items discussed was the potential for overlap
th tl7cz City of Middletcn. That was one of the reasons
discussed, on an interim, basis, alteri.ng the
geoal7aphical boundaries of our area of impact obviQi.
with I assumption that Middleton would do the same.
— his
some of the things they would like 1 bring
-orth to council in writing and hoped to have co�
the nex, meetinc
After the Planning and zoning Director's comments, tae
City Attorney made a h`-ef commant.
NEW BUS'
(GOLF FEES 7OR 193,)
avcr Pi_ Tem Raymond in'Formed Council '__hat a mono was
rec-ived Don Tolley, Chairman of the Caldwell Golf
whic`i read as follows:
The Caldwell Golf Boar",', met on December 2, 1993. A memno
_s attac'..ud of the Agencla. and _ proposed increases
which i feel are necessary.
!. schools from $100 to $150.
Book 34
Increase trail fees from $100 to $140.
Page 257
You will see that Centennial charges $105 yearly for five
days and $141.75 for seven days.
Since there are so many more people bringing carts, it is
important we take a big step and with all the new homes
going up around Purple Sage, there are more and more
carts.
Room Rental: It is only $75 now, but feel $125 is not
asking too much where these people have access to the
kitchen.
The Corporate: Still feel that needs to be increased.
Green Fees: Increased at both courses - see attached
sheet.
Some Board Members felt that a small increase in Season
Tickets, but feel that this year the fees should stay the
same and then net year take a good look and make sure the
increases are done properly.
The Mayor Pro Tem specifically identified where the
increases were suggested on the Board's attachment to the
memo. He also pointed out that they were still
discussing the possibility of an increase in season
tickets; however, he had been made aware that the tickets
were already on sale at City Hall as well as the golf
courses. It would probably be difficult to make an
adjustment once the tickets are on sale.
Councilman Nancolas stated that once the tickets were on
sale, it was difficult to make a change. Also, he didn't
like looking at the possible increases without having
more time to find what the justification was_ Mr.
Nancolas further said that he would feel a lot more
comfortable in sending it back to the Golf Board and get
more of a consensus from them and the purpose behind
their request.
MOVED by Nancolas, SECONDED by Houchins that this item be
remanded back to the Golf Board for more information and
justification for the increases.
The Mayor Pro Tem pointed out that the Golf Board doesn't
meet again until January. He would suggest that
Councilman Nancolas consider amending the motion to state
that Council meet with representatives of the Board in a
workshop session. It was his understanding that there
was one group on the Board favoring an increase and
another that did not favor the increase. He suggested
that a representative from each interest attend the
meeting.
Councilman Nancolas withdrew his motion with the approval
of the second. It was then MOVED by Nancolas, SECONDED
by Houchins that the matter be taken under advisement and
Council have a workshop with members of the Golf Board to
discuss it further.
Councilman Ozuna asked if he was correct in remembering
that during the budget sessions, it was determined that
there would not be an increase in rates at all.
The Administrative /Personnel Officer stated that there
was general discussion to recommend a five percent
increase each year. In fact, there was an increase last
year as requested by the Board. When asked if they
intended to raise the fees this year, the Board said they
did not. The Mayor was asked to confirm this with the
Book 34
Golf Toard a-d there has been no information, -- eceived to
indicate that there had been a. change in their first
response. This memo from the Chairman of the Board was
received at City ?all af ter the Agenda was prepared.
The Mayor Fro Tem asked for a roil call vote on the
motion".. Those voting yes: Nancolas, Carpenter,
Houchins, Raymond, and Ozuna. Those voting no: none.
Absent and. not voting: Simmons.
MOTION CARRIED
(REQU7ST FOR AN EXECUTIVE SESSION)
Mayor Pro Tem Raymond informed Council t hat he would
request an Emecutive Session to convene immediately
following the _regular City Ccai -cil Meeting.
Mu - .TED by Houchins, SECONDED by Nancolas that pursuant to
Ida.'_io State Code, Section 67 -2343, an Execa'.ive Session
be called to convene immediately following the Regular
City Council Meeting for the purpose of discussing
personnel.
Roll call vote. Those voting yes: Houchins, Raymond,
Ozuna, Nancclas, and Carpenter. 'Those voting no: none.
Absent and not voting: Simmons.
MOTION CARRIED
(CONSIDERATION OF ?F,RSONNEL POLICTES OR AMENDMENTS)
Po 258
14.ayor Pro Tem Raymond explained that there was four
different policies to be considered by the City Cou:�cil.
Each would e addressed separately and if Council
desire= approved by a Resolution for each one. The
Mayor Pro Tem reviewed the memo describing th.e four
policies as follows: �
ANTI- DISCRIMINATION POLICY: This policy has bee in
the de-elopment stage for about six months. It has been
developer'. and discussed by the Cultural Diversity
Cc;mittee, which was formed to prepare the City for the
eve;- changing dynamics in our work force. This is an
employee committee made up of both anglo and minority
empleyves. After thought, it was decided that
dlscrimination can extend past race into areas such as
gender Womewhat addressed in our sexual harassment
pol.i.cy), religion, culture or even disability and so the
polio.,- was written to reflect all of these. The policy
before you was fashioned after.- our Sexual Harassment
Volicy and has been reviewed by the City Attorney.
Please be aware that this policy makes a very strong
statement. it not only does not tolerate discriminatory
actions on the part of our employees, but also states
that we will not tolerate such behavior on the part of
the public. Thi means that persons taking any type of
disc_iminatory action will be asked to cease such action
or leave our premises_ It means: that if an employee off
of our ,remise�, is subjected to such action on the part.
o_E the public, he /she has - -her gh to walh. from the
s_`_t: _ ation without fear of reprisal from the City because
of a __cusatio:as of rudeness or ineff_._ciency.
St is ot�r plan to provide training to -ur employees, if
this policy is adopted, in seinsitizing them to the
importance of this policy and the proper ways of handling
such situations.
RULES CF EV:PLOYEE CONDUCT: These are general rules
that will be par'_ of the administrative policies that
Book 34
simply clarify for the employee what is and is not
acceptable conduct. This was based upon a document
received from our insurance company, ICRMP, and has been
recommended by them in dealing with personnel issues.
NEPOTISM POLICY: We have had an unwritten policy
for years concerning nepotism, but have depended upon
state statutes in enforcing them. However, the state
code has been amended and no longer protects our
unwritten policy so we thought it best to develop a
formal written policy for guidance. This falls in line
with auditor suggestions concerning related individuals.
AMENDMENT TO SUBSTANCE ABUSE POLICY: It has come to
our attention that sworn police officers, in the course
of their duties might actually be found in violation of
this policy, particularly Section 4, B and C (which deals
with sale and or possession of an illegal substance) .
This amendment simply protects them from a
misinterpretation of this policy.
The Mayor Pro Tem read the first Resolution as follows:
RESOLUTION AUTHORIZING THE MAYOR AND CITY
COUNCIL TO SET A POLICY CONCERNING PERSONNEL.
BE IT RESOLVED That the Mayor and City
Council of the City of Caldwell, be and the
same hereby are, authorized to adopt that
certain Policy attached hereto and made a part
hereof as set forth in full by the City of
Caldwell with regard to Ante- discrimination.
MOVED by Ozuna, SECONDED by Carpenter to pass the
Resolution authorizing the adoption of an Anti -
discrimination Policy.
Roll call vote. Those voting yes: Ozuna, Nancolas,
Carpenter, Houchins, and Raymond. Those voting no-.
none. Absent and not voting: Simmons.
MOTION CARRIED
The second Resolution was as follows:
RESOLUTION AUTHORIZING THE MAYOR AND CITY
COUNCIL TO SET A POLICY CONCERNING PERSONNEL.
BE IT RESOLVED That the Mayor and City
Council of the City of Caldwell, be and the
same hereby are, authorized to adopt that
certain Policy attached hereto and made a part
hereof as set forth in full by the City of
Caldwell with regard to Rules of Employee
Conduct.
MOVED by Carpenter, SECONDED by Houchins to pass the
Resolution authorizing the adoption of Rules of Employee
Conduct.
Roll call vote. Those voting yes: Carpenter, Houchins,
Raymond, Ozuna, and Nancolas. Those voting no: none.
Absent and not voting: Simmons.
MOTION CARRIED
The Resolution on Nepotism was as follows:
Page 259
RESOLUTION AUTHORIZING THE MAYOR AND CITY
COUNCIL TO SET A POLICY CONCERNING PERSONNEL.
BE IT RESOLVED That the Mayor and City
Council of the City of Caldwell, be and the
same hereby are, authorized to adopt that
certain Policy attached hereto and made a part
Book 34
Page 260
hereof as set forth in full by the City of
with regard to Nepotism.
MOVED by Ozu SECONDED by Nancolas that the Resolution
be passed authorizing the adoption of the Policy on
Nepotism-
Roll call vote. Those voting yes: Ozoma, Nancoaas,
Carpenter, Houchins, and Raymond. Those voting no:
none. Absent and not voting: Simmons
MOTION CARRIED
The final Resolution pertaining to an amendment to the
Substance Abuse Policy -, 2,Tas as follows:
RESCI- AJUTHORIZI , TG THE MAYOR .AND CITY
COUNCIL: TO SET A POLICY CONCERNING PERSONNEL.
BE IT RESCIVED Than the Mayor and City
Ccuncil of the City of Caldwell, he and the
same hereby are, authorized to adopt that
certain Policy attac. hereto and made a part
hereof as set forth in full by the City of
Caldwell with regard - , - ,o an amendme-n.t to
Substance Abuse Policy-
Mo by Ho-, SECONDED by Ozuna that the Resolution
be passed authorizing the adoption of the an-endmenit to
the Sm"- stance Abuse Policy.
Roll call vote. Those voting yes: Houchins, Raymond,
Ozuna, Nancolas, and Carpenter. Those voting no: none.
Ab8c and not voting: Simmons.
MOTION CARRIED
(REQUEST TO PURCHASE CE. �ULAR PHONE •- All'RPORT)
The Mayer Pro Tem stated that was a request from the
PArport nanager to purchase a cellular pi -.one. Members
of the City Council recVved background information with
respect to :Ads item of equipment wh- was :ict budgeted
for the Airport in the current budget and has not been
reques in the, past,
Councilman Houchins commented that when in the budget
sessions, the Council determined that they hold the
line an items that were not budgeted. Council cautioned
all of the Department Heads at zhat time to really take
a look at what their needs would be for the year. in
looking at this request, it was for a cellular phone for
a part-time position consisting of ei.ghteen h:ours a ,ti--�,
The person requesting this deals on a day to day basis of
- -irgency or emergency. Most of the people wanting to deal
with the Airport Manager are requesting information on
fees, rental agreements, and etc. Mr. HIcuchins fu.
stated that . a two or three day period, he, has pj.,.
of response time to get hack to them by normal means.
Therefore, he would recommend the request be denied
and reconsider at next budget period if it comes up at
that time.
MOVE!' ':�)y Houch..J.ns, SECONDED by Ozuna to deny -Ine request for
the ce!Alar phone from the Ad, Manpger.
Co Ozuna asked if iL would he possible to rove a
call forwarding service for the Airport Manager.
Mrs. Ottens stated that this was possible; however, there
was an answering machine at his office. The Manager's
duration of time at City Hall is usually not a long
period. one.
Book 34
After further discussion, the Mayor Pro Tem asked for a
roll call vote on the motion. Those voting yes:
Houchins, Raymond, Ozuna, Nancolas, and Simmons. Those
voting no: none. Absent and not voting: Simmons.
MOTION CARRIED
(COMMUNITY CENTER MASTER PLAN)
The Mayor Pro Tem stated that there has been an ongoing
interest in the community as to what should be done with
the old Jefferson Junior High facility. The 4 -C
Committee has worked to bring information to the Council
to assist in the decision, public hearings have been
held. Just this evening the City Council received a
Lengthy document concerning the Feasibility Study.
Copies of this document have not been made available to
the public as yet because it was :finalized this evening.
By noon tomorrow, there will be copies available.
Mayor Pro Tem Raymond further commented that the Council
determined at the last Council Meeting that they would
continue to allow input with respect to this matter at
tonight's meeting. He asked Council if they wanted to
set a time frame on the testimony from the public if
there was an interest in speaking. Adriane Headley was
here tonight and was asked to give a brief presentation
on the project. She has been involved from the
beginning.
Councilman Nancolas stated that if there was anyone in
the audience who has spoken to this matter before, he
would prefer that they not speak again unless they have
something different to say. It was his opinion that
- everyone be given the chance to testify if they so
desired.
Councilman Houchins was recognized and said that he
certainly wanted to hear the comments of the public.
However, a four hundred page document was just presented
to the Council and neither the Council nor members in the
audience have had the opportunity to review it. Mr.
Houchins stated that he thought the comments from both
would certainly be more informed after the review.
The Mayor Pro Tem agreed with Mr- Houchins; however, he
commented that the Council did indicate at the last
meeting that the public could be heard at this time.
Adriane Headley, representing the 4 -C Committee, was
then recognized by the Mayor Pro Tem and reviewed the
Feasibility Study for the benefit of Council and the
audience. Councilman Nancolas expressed comments
presented to him by phone from Mr. Grosenbach and Mr.
Fackrell. Others speaking included John Pilote, Carlos
Ferreira, K. C. Crookham, Harriet Berenter, Jim Freeman,
Bob Busch, and several others who did not identify
themselves.
After considerable discussion, the Mayor Pro Tem stated
that the hearing on the item of the old Jefferson High
School or Community Center and the Sebree Park will be
continued. A vote will not be taken tonight and it will
be ongoing.
MOVED by Nancolas, SECONDED by Carpenter that the City
Council accept the Community Center Facility Feasibility
Study given to Council by the 4 -C Committee and it be
taken under advisement, that the hearing be continued for
an additional two weeks so that the public and the
Council will have time to read and digest this Study and
in two weeks continue the hearing and take further
Page 261
Book 34
information regarding the weasibility of the Bu,ahnell
Cent e_: .
At the recommendation of the City Atto�_� Councilman
Nancolas w:cth approval of the second, amended the ,-potion
to state that the City Cow =cil wou_. 3 receive the Study
rather than accept.
Roll call vote. Those voting yes: Nancolas, Carpenter,
Houchins, Raymond, and Oz Those voting no: none.
Absent and not voting: Siim7Mcns.
MOTION CARR:i.ED
(AIRPOR "_' MASTER .PLAN C0.1S! SULTAN11")
At the request of the Mayor Pro Tem, the Cite Engineer
presented a brief explanation off this item.
Mr. Law stated that for a number of weeks t:-iey have been
invc_!-. >ed in the process of selecting a Master Plan
Consultant fcr the Air-oort. A committee was selected
that re- :r_ewed a number of consultant- who s-�,bmittcd.
proposals. The committee - .ecommended that oothman- -Orton
Encineerin Co. be selected for the work. Since :hat
time, there has been a number of Jtems relative to
receivi.ng financing from F.A.A. and from the S� ate t�Oat
] -.ave beer: accomplished. This includes precaratio. of the
scope of work for the Master Plan, a cost for the work,
and also an.:.ndependent cost was obta. ined fro 7, an ci.,t.side
consultant not involved as a proposer. All - ,7 e re
submit''::ed to the F.A.A. and they approved bath of L'
p:.ocedu - :es and our selection in:�ormally. The action to
be taken tonight is for Council to consider selection of
Toot man Orion Engineer Co. as the consultant fo:c the
preparation of the Master Plan and also authorize the
Mayor i:.o sign a Consultant Sr.- Contract. T]c
:_�,porta_. of t'ns Masted -Dian tc. the Airport is :- ] the
C _i_y receives, for their capital projects at the Airport,
ninety percent of their funding from the Federal
Goverr;.rent ancJ five percent from t1.,^ State with ;L`ine
.. ..emaininc five percent supplied out of City funs s . That
ninety -f .-re percent is completely and totally contingent
on the prel:,aration. of a Master Plan.
The Resolution- was then presented by the Mayor as
"ollows:
RESOLL TION AU'PT30RIZ =NG THE MAYOR P TD CITY
CLERK TO EXECUTE A PROFESSIONAL SERVICES
CONTRACT BETWEEN THE C._.Y OF CALD'WELL AND
TOOTHMAN -ORTON ENGINEERING COMPANY OF BOISE,
IDA C
;.::1 IT R =�SOL,VED "']a.at the Mayor and City
Clerk of the City of Caldwell, be and the same
er_eby are, a horized to execute a
Pro:: "essicna _ Servic:.�s Contract for preparation
of Airpo:c. Master Plan which is attached
hereto and made a parr hereof as if set forth
in full by and between the City of Caldwell
and Tooth.man -Orton Engineering Company of
Boi_ Idaho.
MOVED by aouchins, SECONDED by Ozuna to pass the
Resol..2 -ion al -1horizina the execution of a Professional
Services Contra..ct with Toothman -Orton Engineering Company
or preparation of an Airport Master Plan.
Pi.ge 26 2
Rol call. rote. Those voting yes: Houchins, Raymond,
Ozuna., Nancc] and Carpente:.�_. Those voting no: none.
Absent and not -voting: Simmons.
Book 34 Page 263
MOTION CARRIED
(REQUEST FOR A PAWNBROKER LICENSE BY OLIVIA OROPEZA AT 815
CLEVELAND)
Mayor Pro Tem Raymond informed Council that the next item
was a request for a pawnbroker license submitted by
Olivia Oropeza. Council received background information
on this request.
The Planning and Zoning Director informed Council that
they have had some complaints with regard to this
particular business displaying a great deal of
merchandise on the sidewalk. It was under investigation
by his Department at this time. They have been advised
to discontinue to keep it off the sidewalk so it won't
block passage. Mr. Crooks further assured the Council
that he would report back to them on this matter.
The City Attorney stated that he was asked to review this
matter by the Clerk. Given the report that was received
which was attached to the memo to Council, it appears to
him that this rises to the area to which you might be
able to exercise your discretion with regard to whether
you would issue a license or not. Mr. Gigray further
said that his opinion was that if Council's intent was
not to issue a license based on the information presented
to you, you should withhold that decision and give notice
to the applicant that you have received the report and it
does provide grounds for you to exercise your discretion
and they should appear at a pre - determined time for a
hearing regarding the merits of that information.
Council could then deliberate on whether to exercise
discretion or not. The words "may be" appear in the Code
which is not mandatory language, but rather
discretionary. In his view, in exercise of your
discretion, it would prudent to obtain specific facts
with regard to area in question so Council can determine
whether or not there is a factual basis upon which you
would want to deny or grant. If the City Council
determines not to grant the license based on the
information received, the applicant should appear for a
hearing on the issue.
Mayor Pro Tem asked the Attorney if this would be a
hearing of a public nature or more of a private nature
since it was somewhat sensitive.
Mr. Gigray answered that the Open Meeting Law in Idaho
was rather strict law and it doesn't provide a lot of
methods in which one can have Executive Sessions
particularly when it relates to matters over the granting
or denial of a license. In his view, these matters would
become a matter of public record and would have to be
handled in a public forum_ One of his concerns about the
Open Meeting Law was that Council can't even deliberate
as a jury can unless it is in an open meeting. The
Attorney further said that he would not advise
deliberating this matter in a closed meeting and would
ask the Clerk to advise the applicant of his opinion.
MOVED by Houchins, SECONDED by Carpenter that Council
delay action on the application for a pawnbroker's
license at 815 Cleveland until the next scheduled City
Council Meeting and request that the applicant be in
attendance to answer any questions.
The Mayor Pro Tem asked if it would be appropriate to
have written communication with the applicant so they
will be informed.
Book 34
Page 20
The City Attorney stated that i f it would be agreeable
with the City Council, he would take the motion to be a
directive to the City C .srk aid myself to draft an
official notice to send to the applicant regarding the
meeting. 10 that point, they -vculd be requested to s'.;ow
cause with regard to their application as to why i +_
should be granted.
Coinr..i.lman rYouchins and the second agreed to this t7, ing
the in-tent of the mo'cion.
Roll call vote. Those voting yes: Houchins, Raymond,
Nancolas, and Carpenter, Those voting no.- none_
Abse_rt and not voting: Sim- ,7ons-
MOTION CARRIED
(JOINT ': NSPOR'.i,'. LION STUDY REQuuST)
The City Engineer, Gordon Law, explained to Council th�,,t
couple of weeks ago a representative from the Ada
Planning Association approached the City Engineers of
Caldwell and Nampa and requested their participation in
a proposal for a joint study. A perspectus of the
proposs %:d study was presented to - ahem at the mee-ui.ng. T'. -.e.
focus o- the study was that they would 1:1.ke Caldwell to
participate in a Travel Demand Management which is
euphemism for vehicle emissions, detection and control-
They are as'c:.ng for some f_'n=cial support_ and scme
technical support. The ultimate goal appeared to be
enactment of some type of emissions testing and standards
in Canyon County.
The City Council disc ussed this request at some length
and determined °-hey did not want. to commit any funds and
took no Fction on this matter.
(CONS ID R— TION OF POLICY HE'GARDING ALCOHOL USE RT CALDV R,'u3, EVENTS
CENTER)
A_; the request of the Mayor, the Administrative /Personnel
Of =:_cer presented the background information on this
item.
?rs. Ottens explained that in response to an employee'
g.:..evanc: as well as an increase '-n calls, an Operational-
Policy has been developed by the Mayor which he is asking
approval of at this time. Up to this point, the City ! -.as
always allowed alcohol.. to be !Drought onto the premises
by private indi ri duals who were not licensed vendors,
T) - is prac'..ice leads to uncontrolled use anti underage use
which in almost every circumstance has led to some form
of violence or threat of violence to occur. After
investigation, we found there to be merit to the
grievance and are taking steps to control the use e'-
alcohol on our premises. The Policy basically restricts
alcohol use in the Caldwell Events Center to licensed
vendors to cc:itrol the dispen�;ing. By adopting this, it
becomes: 'the lia'oility of the vendor and not the City.
TI-C Policy reads as follo .r
Based upon concern for City employee safety and the presence
of strong liabA. ty issues involved in the use of alcohol, the
City will no loner allow the presence or serving of alcohol
which has been brought into our facility other than by or
through a licensed vendor. Any presence of alcohol must be
pre- aporoved by the C=.ty through the reservation process and
the approval of a Catering Permdt
Ccun.cilman Ozuna stated that altho he would agree that
sor,e'.:hing should be done abo_it the situation, he found. it
Book 34
difficult to assume that a person being threatened was
done so by a person consuming alcohol that was brought
into the facility. He did not think a distinction could
be made.
After further discussion, it was MOVED by Ozuna, SECONDED
by Carpenter to refer this Policy back to the Community
Services Board.
Councilman Nancolas requested that the Community Services
Board review this Policy and submit a report to the City
Council.
Roll call vote. Those voting yes: Ozuna, Nancolas,
Carpenter, Houchins, and Raymond. Those voting no:
none. Absent and not voting: Simmons.
MOTION CARRIED
(FINANCIAL REPORT)
Councilman Ozuna reported that the Finance Committee has
reviewed and approved current accounts payable in the
amount of $362,937.27 and a payroll of $167,605.67 for
the period ended December 2, 1993.
MOVED by Ozuna, SECONDED by Carpenter that accounts
payable in the amount of $310,998.68 represented by
checks number 34314 through 34106 and payroll for the
amount of $167,605.67 represented. by checks number 45982
through 46151 be accepted, payment approved, and the
vouchers filed in the Office of the City Clerk.
Roll call vote. Those voting yes: Ozuna, Nancolas,
Carpenter, Houchins, and Raymond. Those voting no:
none. Absent and not voting: Simmons.
MOTION CARRIED
(AUDIENCE PARTICIPATION)
There was no one in the audience who cared to address the
City Council.
(COMMITTEE REPORTS)
Council Members did not have reports at this time.
(MAYOR'S COMMENTS)
The Mayor Pro Tem reported that he attended the A.I.C.
Legislative Dinner and represented Caldwell at the
Christmas Parade in Ontario.
(ADJOURNMENT)
MOVED by Ozuna, SECONDED by Houchins that since there was
no further business, the Regular City Council meeting be
adjourned at 9:00 p.m. and the .Members of the Council
convene into an Executive Session which was adjourned at
9:45 p.m.
Roll call vote. Those voting yes: Ozuna, Nancolas,
Carpenter, Houchins, and Raymond. Those voting no:
none. Absent and not voting: Simmons.
MOTION CARRIED
Page 265
APPROVED AS written THIS 20th DAY OF December 1 1993
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