HomeMy WebLinkAbout1994-12-19city council minutesBook 35
REGULAR MEETING
December 19, 1994
7:30 p.m.
The Meeting was called to order by Mayor Winder.
The Mayor requested that everyone stand for the Pledge of
Allegiance to the Flag.
The Roll of the City Council was called with the
following members present: Raymond, Earl, Nancolas,
Langan, Carpenter, and Houchins. Absent: none.
(ADDITIONS OR DELETIONS TO THE AGENDA)
The Mayor asked if there were any additions or deletions
to the Agenda at this time. Councilman Raymond reported
that Rob Shields, representing the Caldwell Community
Center Corporation, requested that they be included on
the Agenda for tonight. Since his request came in late,
it was an addition and it would be his request that Mr.
Shield's comments be added as Number One under New
Business.
MOVED by Raymond, SECONDED by Nancolas that the Agenda be
amended and that a request from Rob Shields, representing
the Caldwell Community Center Corporation, be added as
Number One under New Business.
Roll call vote. Those voting yes: Raymond, Earl,
Nancolas, Langan, Carpenter, and Houchins. Those voting
no: none. Absent and not voting: none.
MOTION CARRIED
(INTRODUCTION OF SPECIAL VISITORS)
Mayor Winder recognized Marilyn Bauman and LeAnne
Simmons, both former members of the Caldwell City
Council.
(AUDIENCE PARTICIPATION)
The Mayor commented that the City Council and Mayor have
been working diligently trying to resolve personnel
issues. A statement was issued to the News Media
reporting that they were working on a new job description
to be ready no later than March 31st, 1995. It was hoped
that this job description would be acceptable to the
Council, the Mayor, and the general public. Prior to
adoption, the job description will be circulated for all
to review. Mayor Winder continued stating that if anyone
cares to speak under Audience Participation about this
matter, they would certainly have that right. However,
he would ask that the comments be brief and that everyone
would maintain a level of decorum.
The first person to appear before the City Council was
Jim Thomas, an insurance agent located at 21st and
Blaine. Mr. Thomas addressed the City Council about an
incident that was discussed at the last Council Meeting.
At that time, Mr. Thomas was concerned about a fire that
occurred at one of his clients which the Fire Department
responded to. After leaving the incident, the fire
flared up again. His concern was whether the Fire
Department had a procedure to follow as to whether they
would remain for a period of time or whether the property
owner would be responsible.
Page 299
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After considerable discussion and comments made by Bruce
Allcott, the Fire Chief, and Ray lNolfe, representing The
Hartwell Corporation, it was determined by the Mayor and
Council that the Fire Department continue operating as
usual.
Dennis Boothe, 1-520 Idaho Avenue, was recognizedd and
thanked the Mayor and Council for working with problems
discussed at the last Meeting.
Charlie Bratten, 3108 Arlington, was recognized ano .
discussed the lack of Christmas spirit n the City of
Caldwell.
(CONSENT CALENDAR)
The Mayor presented the following items on the Consent
Calendar for consideration by the City Council:
Page 300
1. Dispense with the reading of the minutes of the
Regular City Council Meeting of December 5, 1994, and
approve as written;
2. Accept the minutes of the istoric Preservation
Commission Meeting of December 8, 1994; the Planning and
Zoning Commission Meeting of December 1, 1994; the
Library Board Meeting of December 1, 1994; Caldwell
Senior Citizen's Center Commission Meeting of November
21, 1.994; Safety Committee Meeting of December 7, 1994;
3. Award the low bid to Woody's Tree Service for
L.I.B. 94 -2, Tree and Stump Removal Project;
4. Pass the following Resolution pertaining to an
agreement with U.S. West for antenna on water tank:
RESOLUTION AU I-10RIZING THE MAYOR TO EXECUTE AN
OPTION AND LEASE AGREEMENT BETWEEN THE CITY OF
CALDWELL AND U.S. , NEW VECTOR GROUP, INC.
BE IT RESOLVED That the Mayor of the City
of Caldwell, be and the same hereby is,
authorized to execute a "Memorandum of Tower
0,0tion and Lease Agreement" and "Tower Option
and Lease Agreement" between the City of
Caldwell and U.S. West New Vector Group, Inc.,
which is attached hereto and made a part
hereof as if set forth in full.
MOVED by Raymond, SECONDED by Carpenter to approve the
Consent Calendar as presented by The Mayor.
Roll call vote. Those voting yes: Raymond, Earl,
Nancolas, Langan, Carpenter, and Houchins. Those voting
no: none. Absent and not voting: none.
MOTION CARRIED
OLD BUSINESS
(THIRD READING OF BILL NO. 43 - VALLIVUE HIGH SCHOOL ANNEXATION AT
NORTHEAST CORNER OF THOMEDALE ROAD A1,7D MONTANA)
Mavor Winder read Bill No- 43 by title only as follows:
AN ORDINANCE DETERMINI?G THAT CERTAIN LAND
LIPS CONTIGUOUS OR ADJACENT TO THE CITY LIMITS
OF "`HE CITY OF CALDWELL, COUNTY OF CANYON,
STATE OF IDAHO; AND THAT SAID LAND BE ANNEXED
TO THE CITY OF CALDWELL, IDAHO; AND DECLARING
°AID LAND BY PROPER LEGAL DESCRIPTT_ON AS
DESCRIBED BELOW TO BE A PART OF THE CITY OF
CALDWELL, CANYON COUNTY, IDAHO; AS PART OF THE
R -1 (SINGLE FAMILY RESIDENTIAL) ZONING
DISTRICT; REPEALING ALL ORDINANCES,
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RESOLUTIONS, ORDERS OR PARTS THEREOF IN
CONFLICT HEREWITH; AND DIRECTING THE CITY
ENGINEER AND PLANNING AND ZONING 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
CERTIFIED COPY OF THE ORDINANCE AND MAP OF THE
AREAS TO BE ANNEXED WITH CANYON COUNTY, STATE
OF IDAHO AND THE STATE TAX COMMISSION OF THE
STATE OF IDAHO, PURSUANT TO IDAHO CODE,
SECTION 63 -2215.
MOVED by Nancolas, SECONDED by Langan that Bill No. 43 be
passed and entitled Ordinance No. 2056.
Roll call vote. Those voting yes: Nancolas, Langan,
Carpenter, Houchins, Raymond, and Earl. Those voting no:
none. Absent and not voting: none.
MOTION CARRIED
Page 301.
(THIRD READING OF BILL NO. 44 - ZONING CLASSIFICATION OF PROPERTY
LOCATED AT NORTHEAST C0RNER OF HOMEDALE ROAD AND MONTANA AVENUE)
Mayor Winder read Bill No. 44 by title only as follows:
AN ORDINANCE CHANGING THE ZONING OF CERTAIN
PROPERTY WITHIN THE CITY OF CALDWELL, IDAHO
FROM COUNTY R -1 TO R -1 (SINGLE FAMILY
RESIDENTIAL); 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
R -1 ON THE OFFICIAL ZONING MAP AND REPEALING
ALL LAWS, ORDINANCES AND RESOLUTIONS IN
CONFLICT HEREWITH.
MOVED by Carpenter, SECONDED by Houchins that Bill No. 44
be passed and entitled Ordinance No. 2057.
Roll call vote. Those voting yes: Carpenter, Houchins,
Raymond, Earl, Nancolas, and Langan. Those voting no:
none. Absent and not voting: none.
MOTION CARRIED
(CONFIRM THE COMPREHENSIVE PLAN DESIGNATION FOR ABO'V'E PROPERTY AS
PUBLIC /SEMI - PUBLIC)
MOVED by Earl, SECONDED by Raymond to confirm the
Comprehensive Plan designation for above property as
Public /Semi - Public.
Roll call vote. Those voting yes: Earl, Nancolas,
Langan, Carpenter, Houchins, and Raymond. Those voting
no: none. Absent and not voting: none.
MOTION CARRIED
(SECOND READING OF BILL NO. 47 - SUBDIVISION ORDINANCE AMENDMENT
PERTAINING TO INDUSTRIAL STREET SPECIFICATIONS)
Mayor Winder read Bill No. 47 by title only as follows:
AN ORDINANCE TO AMEND CHAPTER 11, ARTICLE 3,
SECTION 3, SUBSECTION (2) OF THE MUNICIPAL
CODE OF THE CITY OF CALDWELL, COUNTY OF
CANYON, STATE OF IDAHO, PERTAINING TO THE
WIDTH OF INDUSTRIAL ROADWAYS: REPEALING ALL
ORDINANCES, RESOLUTIONS, ORDERS, AND PARTS
THEREOF IN CONFLICT HEREWITH.
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MOVED by Carpenter, SECONDED by Earl that this stand as
the second reading of Bill No. 47.
Roll call vote. Those voting yes: Carpenter, Houchins,
Raymond, Earl, Nancolas, and Langan. Those voting no:
none. Absent and not voting: none.
MOTION CARRIED
NEW BUSINESS
(REQUEST FROM THE CALDWELL COMMUNITY CENTER CORPORATION)
Page 302
Mayor Winder explained that this item was with regard to
a ,request from the Caldwell Commun. - ity Center Corporation.
This item has been a long, drawn out process and deals
with the old Jefferson Junior High School
Suilding /Marjorie Bushnell Community Center. This group
has been trying to keep the project moving forward for
se"ral years. A letter from the Baumans and a note from
George Crockham were presented as part of the record.
Dennis Crooks, the ?Manning and Zoning Director,
presented a brief background report on this matter. He
expressed his concern as to whether or not the lease
agreement, as was being requested, was premature or out
of sequence at this time. Over the last year, they have
revised the program and assumed a more Logical,
systematic approach to implementing a plan or project of
this type. He still believed that there was not a
concept plan or master plan and a lot of unanswered
questions and issues that have not been thoroughly
addressed.. This has to do with things such as parking,
traffic generation and circulation.
The City Council discussed this request for a Lease
Agreement as requested by the Caldwell Community Center
Corporation at some length. The Resolution as requested
by the Corporation was read by the Mayor as follows:
A RESOLUTION IN SUPPORT OF A LEASE AGREEMENT
PETWEEN THE CITY OF CALDWELL AND THE CALDWELL
COMMUNITY CENTER CORPORATION.
BE IT RESOLVED The Mayor of the City of Caldwell, be
and the same hereby is authorized, to negotiate a lease
agreement for a maximum of five years between the City of
Caldwell and the Caldwell Community Center Corporation
for the purpose of rehabilitation of the Marjorie
Bushnell Community Center (old Caldwell High School).
After more discussion and input from the City Attorney,
it was MOVED by Raymond, SECONDED by Langan that the
Resolution as read be passed.
Mayor Winder stated that one issue not considered with
regard to this matter was how the community feels about
this project. He felt the community was divided on this
matter. In order to cout..nue, the Mayor felt that this
should be sent back to Planning a��d Zoning and allow all
of the issues be addressed in the normal process. '!hen
it could be brought hack to Council after the concerns
were addressed.
Robert Shields, 201.5 Washington, spoke with regard to the
Corporation's request. Mr. Shields reviewed their stand
and why they would like to have a lease agreement
considered.
The Mayor ,=asked for a roll call -rote on the motion to
pass 'the Resolution. Those �,oting yes: Raymond, Langan,
and Carpenter. Those voting no: Earl, Nancolas, and
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Houchins. Mayor Winder broke the tie by voting no.
Absent and not voting: none.
MOTION DENIED
It was then MOVED by Nancolas, SECONDED by Houchins that
the City enter into an Agreement with the Caldwell
Community Center Corporation for the purpose of
rehabilitation of the Marjorie Bushnell Community Center
during the time which they can obtain Planning and Zoning
approval and take the proper steps for this to become a
project and at the end of that time enter into
negotiations for a lease agreement for the Marjorie
Bushnell Community Center.
Roll call vote. Those voting yes: Nancolas, Langan,
Carpenter, Houchins, Raymond, and Earl. Those voting no:
none. Absent and not voting: none.
MOTION CARRIED
Page 303
(CONSIDERATION OF BILL NO. 49 - ADOPT POLICY FOR LATE COMER
CONNECTION)
The City Engineer and Public Works Director, Gordon Law,
stated that some weeks ago a public hearing was held with
regard to the City's Late Comer Connection Policy.
Invitations were sent to over sixty property owners who
could be affected by this Policy because of recent sewer
construction. A number of people testified, but the
resolution from that night was that the City Engineer was
to prepare a proposed Connection Policy based on that
testimony and brought before the Council at this meeting.
Mr. Law reviewed his memo to the City Council which was
as follows:
Attached to this memorandum are copies of the existing
"Late Comer Connection Policy" and a possible replacement
policy. The principal innovation of the proposed policy
is that conditions for justified appeal of the mandatory
connection requirement are explicitly defined.
Each condition presented is independent of other
conditions and can be amended or eliminated by Council
without detriment to the remainder of the policy. This
policy was also discussed with the City's bond agent to
determine its effect on our bond rating. According to
Floyd Ayers, the proposed exceptions should not affect
our present bond rating. However, when we do a large
bond sale ($5 million or more), a special analysis will
be done, and each exception to mandatory connection has
the potential of lowering our rating.
The options of Council are:
a) Approve the new connection policy as
presented;
b) Approve the new connection policy as
amended; or
c) Not act and retain the existing
connection policy.
Inasmuch as the proposed "Late Comer Connection Policy"
is a component of the City Sewer Ordinance, it was felt
this might be the time to examine the entire ordinance
for accuracy and completeness. Two events have occurred
which impact the validity of the present ordinance.
1. The contract with a private__ entity_
to operate the treatment
There are responsibilities assigned
Book 35
Page 3,A
to the Plant Superintendent by the
present ordinance which should
rightly be retained by the City.
The approv of the "Sewer Use and
Management Ordinance " There are
numerous inconsistencies between
Sewer Use and Management Ordinance
and the present Sewer Ordinance_
Attached is a proposed. Sewer Ordinance which addresses
items 1 and 2 and includes the proposed "Late Comer
Connection Policy If Council chooses to update the
Sewer Ordinance as presented herein, then it would not be
necessary to act on the "Late Comer Connection Policy"
separately. The options of Council are:
a) Approve the new Sewer Ordinance
(includinc Late Comer Policy) as
presented;
b) Approve the new Sewer Ordinance as
amended.: or
c) Not act and retain the existing
ordinance.
The City Council discussed the options at some length and
asked a number of questions. It was the consensus of the
Council to proceed with the Bill that would update the
Sewer Ordinance. Also agreed to eliminate No. 4) on Page
8 of th.e Bill.
Bill No. 51 was read by title only as follows:
AN ORDINANCE OF THE CITY OF CALDWELL AMENDING THE
MUNICIPAL CODE OF THE CITY OF CALDWELL, COUNTY OF CANYON,
STATE OF IDAHO, BY REPEALING CHAPTER 4, ARTICLE 5,
SECTIONS 1 THROUGH 17, PROVIDING A SAVINGS CLAUSE AND BY
ADDING A NEW CHAPTER 4, ARTICLE 5, SECTIONS I THROUGH 12,
REGARDING THE ESTABLISHMENT OF A CITY -OWNED TREATMENT
WORKS /POTW DEPARTMENT; PROVIDING FOR A SHORT TITLE FOR
THE ORDINANCE KNOWN AS TT,IE SEWER TREATMENT DEPARTMENT,
STANDARDS, AND SERVICE ORDINANCE; PROVIDING FOR ITS
POWERS, DUTIES AND RESPONSIBILITIES; PROVIDING THAW_ THE
DEPARTMENT SHALL BE SUPERVISED BY THE CITY
ENGINEER /PUBLIC WORKS DIRECTOR WITH THE OPERATION OF THE
CITY -OWNED TREATMENT WORk:S /POTW UNDER THE DIRECTION OF
THE TREATMENT PLANT SUPERINTENDENT TO BE APPOINTED BY THE
MAYOR AND CITY COUNCIL UPON THE RECOMMENDATION OF THE
CITY ENGINEER /PUBLIC WORKS DIRECTOR; SPECIFYING CERTAIN
POWERS AND RESPONSIBILITIES OF THE DEPARTMENT REGARDING
CONSTRUCTION STANDARDS, OPERATION AND MAINTENANCE;
ESTABLISHMENT OF RATES, FEES, TOLLS AND CHARGES FOR THE
PROVIDING OF SER'V'ICES, INCLUDING THE DENIAL OF SERVICE
FOR NON - PAYMENT; PROVIDING ADDITIONAL POWERS OF THE
DEPARTMENT TO ENTER PROPERTIES AND PREMISES CONNECTED TO
T CITY -OWNED TREATMENT WORKS /POTW FOR TESTING AND OTHER
PURPOSES NECESSARY FOR -ROPER ADMINISTRATION OF THE
SYSTEM; PROVIDING FOR THE PROMULGATION OF RULES AND
REGULATIONS FOR THE 'IMPLEMENTATION OF THE DUTIES AND
RESPONSIBILITIES OF THE DEPARTMENT AS AUTHORIZED BY THE
CHAPTER; PROVIDING FOR DEFINITIONS; PROVIDING THAT THE
ORDINANCE APPERTAINS TO ALL PARCELS WITHIN AND /OR OUTSIDE
THE CORPORATE LIMITS CONNECTED TO THE CITY- OWNED
TREATMENT WORKS /POTW; PROVIDING FOR AND REQUIRING
BUILDINGS AND STRUCTURES WITHIN THE CITY LIMITS TO
CONNECT TO THE POTW WHERE A SEWER LINE IS ADJACENT TO THE
LOT UPON WHICH THE STRUCTURE STANDS, RESTRICTING THE
CONSTRUCTION OF ANY BUILDINGS UPON ANY CITY LOT UNLESS
THE P?,ANS SHOW CONNECTION TO THE POTW WHERE THE POTW
SEWER LINE IS ADJACENT TO THE LOT; REQUIRING THAT EVERY
BUILDING OR STRUCTURE TO CONNECT TO A SEWER LINE OF THE
POTI WITHIN TWELVE ( 12 ) MONTHS OF THE TIME THE POTW SEWER
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LINE IS CERTIFIED AND ACCEPTED AND CERTIFIED BY THE CI'T'Y
ENGINEER /PUBLIC WORKS DIRECTOR; PROVIDING FOR THE
EXTENSION OF TIME UPON APPLICATION; PROVIDING FOR CERTAIN
CRITERIA FOR AND GRANTING AUTHORITY TO THE CITY COUNCIL
TO GRANT EXTENSIONS UPON PROPER SHOWING OF THE OWNER;
DECLARING IT UNLAWFUL TO OCCUPY OR USE A BUILDING OR
STRUCTURE THAT IS IN VIOLATION OF THE CHAPTER AND MAKING
THE SAME PUNISHABLE AS A MISDEMEANOR AND PROVIDING IN
CIRCUMSTANCES OF IMMINENT HEALTH RISK FOR THE CITY TO
SEEK INJUNCTIVE RELIEF OF A COURT OF COMPETENT
JURISDICTION; PROVIDING FOR STANDARD SPECIFICATIONS FOR
POTW SEWER LINE CONNECTION /PERMITS AND INSPECTIONS
REQUIRED; DECLARING IT UNLAWFUL TO UNCOVER, MAKE
CONNECTION OR OPEN INTO, USE, ALTER, OR DISTURB ANY POTW
SEWER LINE WITHOUT PROCURING A PERMIT; PROHIBITING ANY
PRIVATE SEWER LINE CONNECTIONS TO THE POTW OUTSIDE OF THE
CITY LIMITS WITHOUT A PERMIT; SPECIFYING TERMS AND
CONDITIONS BY WHICH THE CITY WOULD CONSENT TO CONNECTION
OUTSIDE OF THE CITY LIMITS; PROVIDING CRITERIA FOR A
PERSON DESIRING TO CONSTRUCT A SEWER IN OR BELOW ANY
STREET OR ALLEY; PROVIDING FOR A CERTIFICATE OF
COMPLETION AND ACCEPTANCE OF DEDICATION OF SEWER LINE;
PROVIDING FOR AFFIDAVIT OF OWNER'S PARTICIPATION AND
COSTS; PROHIBITING A PERSON OWNING REAL PROPERTY WHO HAS
NOT PARTICIPATED IN CONSTRUCTION COSTS WITHOUT AFFIDAVIT
OF PAYMENT FROM RECEIVING SERVICE FROM A PRIVATELY
CONSTRUCTED SEWER LINE OR CONNECT THERETO; PROVIDING A
FORM OF AFFIDAVIT FOR PAYMENT REQUIRED; PROVIDING FOR THE
FILING WITH THE CITY CLERK OF A CERTIFICATE OF COMPLETION
OF SEWER CONSTRUCTION; PROVIDING FOR A TIME LIMIT FOR
COST RECOVERY; PROVIDING FOR THE ESTABLISHMENT OF A
CATEGORY OF SIGNIFICANT INDUSTRIAL USER; PROVIDING FOR
FEES, CHARGES AND BILLINGS OF ACCOUNTS FOR SEWER USE
CHARGES AND FEES; ESTABLISHING A SEWER USER CHARGE;
PROVIDING FOR THE REVIEW ANNUALLY OF THOSE SURCHARGES;
PROVIDING FOR A BILLING CYCLE AND FREQUENCY; PROVIDING
FOR A BASIS FOR RESIDENTIAL USER CHARGES FOR USER
CONNECTIONS NOT CLASSIFIED AS RESIDENTIAL; PROVIDING FOR
RESIDENTIAL AND NON- RESIDENTIAL USERS OUTSIDE OF THE CITY
LIMITS BASED UPON ACTUAL METERED DISCHARGE; PROVIDING FOR
THE PUBLIC WORKS DIRECTOR REQUIRING THE USER TO INSTALL
APPROVED ACCESSIBLE WATER METER ON PRIVATE WATER SUPPLY
DISCHARGING INTO POTW; PROVIDING FOR BILLING ACCOUNTS,
INCLUDING SEWER PAYMENTS, DELINQUENT ACCOUNTS AND SERVICE
TERMINATION; PROVIDING PROHIBITED ACTS DECLARING IT
UNLAWFUL TO CONNECT ANY OPEN GUTTER, CESSPOOL OR PRIVY
VAULT WITH ANY POTW; PROHIBITING THE DISCHARGE OF ANY
PROPERTY OWNER OR USER OF SEWAGE INTO THE POTW DEEMED
DELETERIOUS TO THE SYSTEM WHICH WOULD ENDANGER EMPLOYEES
OR TREATMENT PROCESS; PROVIDING THAT EVERY PROPERTY OWNER
OR USER SHALL BE RESPONSIBLE TO PREVENT AND ABATE
DISCHARGE WHICH WOULD BE DELETERIOUS TO THE POTW;
PROVIDING FOR THE CITY TO GIVE NOTICE AND TO ENTER AND
MAKE NECESSARY REPAIRS TO PREVENT DELETERIOUS DISCHARGE;
PROVIDING FOR AN OWNER IN VIOLATION OF PROVISIONS OF THE
SECTION UPON NOTICE OF THE PUBLIC WORKS DIRECTOR TO
INSTALL PRELIMINARY TREATMENT; DECLARING IT A MISDEMEANOR
TO USE OR PERMIT TO USE ON THE PREMISES AN OUTSIDE TOILET
OR PRIVY; PROVIDING EXCEPTION FOR TEMPORARY USE;
DECLARING IT UNLAWFUL TO DISCHARGE OR CAUSE TO BE
DISCHARGED ANY STORM WATER, SURFACE WATER, GROUND WATER,
ROOF RUNOFF, SUBSURFACE DRAINAGE, CONTAMINATED COOLING
WATER OR UNPOLLUTED INDUSTRIAL PROCESS WATERS INTO THE
POTW; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR THE
ORDINANCE TO TAKE FULL FORCE AND EFFECT AFTER THE
PASSAGE, APPROVAL AND PUBLICATION.
Page 305
The City Attorney pointed out that if this Bill was
passed, a Notice of Published Summary and Opinion Letter
would be prepared so this can be published rather than
the whole, lengthy Ordinance.
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Gage 306
MOVED by Raymond, SECONDED by Houchins that this be
considered the first reading of Bill No. 51 with the
elimination of No. 4 on Page 8 of the Bill.
Roll caJ vote. Those voting yes: Raymond, Earl,
Nancolas, Langan, Carpenter, and Houchins. Those voting
no: none. Absent and not voting: none.
MOTION CARRIED
(REPORT FROM ECONOMIC DEVELOPMENT PROJECT)
Mr. Rick Johnston, representing the Economic Development
Project, made their scheduled report to the City Council.
A handout was presented to the Council outlining the
projects and progress.
A short recess was called at 9:40 p.m. Council reconvened at 9:50
p.m.
(BILL NO� 48 - 1kDOPT THE REVISED CITY CODE BOOK)
Mayor winder explained that this Bill was with regard to
the revision of the Caldwell City Code Book. The Mayor
read Bill No. 48 as fcll.ows:
AN ORDINANCE FOR REVISING, CODIFYING, AND COMPILING THE
GENERA' ORDINANCES Or THE CITY OF CALDin]ELL.
IT IS HEREBY ORDAINED BY THE MAYOR AND COUNCIL OF'
THE CITY OF CALDWE L, THAT:
Section 1. From and after the passage of this
Ordinance, the Municipal Code of the City of Caldwell,
prepared by Sterling Codi_fiers, Inc. , and hereby approved
and accepted shall be the Official Code of the City of
Caldwell.
Section 2. '.There is hereby adopted, as a method of
perpetual codification, the loose leaf type of binding
together with ccntinucuts supplemental service whereby —'
each Ordinance amending the Code shall be inserted in the
proper place in each of the official copies.
Section 3. At least e,_e (1) official copy of said
official Municipal Code of the City of Caldwell shall at
all times be on file and available for inspection in the
Office of the City Cler
MOVED by Raymond, SECONDED by Houchins to suspend the
rule requiring that a. Bill he read at three separate
times and that it be read by title for that one reading.
Roll call vote. Those voting yes: Raymond, Earl,
Nancolas, Langan, Carpenter, and Houchins. Those voting
no: none. Absent and not vo -ng: none.
MOTION CARRIED
MOVED by Raymond, SECONDED by Houchins that Bill No. 48
be passed and entitled Ordinance 2061.
Roll call vote. Those voting yes: Raymond, Earl,
Nancolas, Langan, Carpenter, and Houchins. Those voting
no: none. Absent and not voting: none.
MOTION CARRIED
(FINAL PLAT FOR MANCHESTER PARK PHASE II)
Mayor Winder stated that the next item was consideration
of the 4 inal Plat for Manchester Park Phase II. He also
stated that Councilwoman Earl would abstain from voting
this matter due to conflict.
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The Planning and Zoning Director explained that on May
20, 1993, the Planning and Zoning Commission considered
and conditionally approved the preliminary plat of
Manchester Park Subdivision. The development concept
authorized by the approval involved 222 traditional
single family detached lots, 19 attached or townhouse
lots and six common open space lots.
The Planning and Zoning Commission, in accordance with
Section 5 -8 -2 of the Subdivision Ordinance, also approved
a Development Master Plan involving the subject 60 acres
and surrounding properties contained within this
southwest Caldwell neighborhood. The main focus of the
Development Master Plan was to identify and adopt a
master street and circulation system for the area with
emphasis on identification of east /west and north /south
collector roadways.
On October 18, 1993, the Final Plat of Phase 1 of
Manchester Park Subdivision was considered and
conditionally approved by the City Council Phase 1
involved 47 residential lots and four common open space
lots.
Mr. Crooks informed Council that the recommendation was
to approve the Final Plat for Phase 2 of the Manchester
Park Subdivision.
MOVED by Nancolas, SECONDED by Houchins to approve the
Final Plat for Phase 2 of the Manchester Park
Subdivision.
Roll call vote. Those voting yes: Nancolas, Langan,
Carpenter, Houchins, Raymond. Those abstaining: Earl.
Those voting no: none. Absent and not voting: none.
MOTION CARRIED
Page 307
(PURSUANT TO IDAHO STATE CODE, SECTION 67 -2345, CONTINUATION OF THE
EXECUTIVE SESSION FROM LAST REGULAR COUNCIL MEETING WILL CONVENE
IMMEDIATELY FOLLOWING THE MEETING TONIGHT FOR THE PURPOSE OF
DISCUSSING PERSONNEL)
Mayor Winder explained that in accordance with Idaho
State Code, Section 67 -2345, the Council will continue
with their Executive Session following the Regular
Meeting for the purpose of discussing personnel. This
was continued from the last Regular Meeting.
(REQUEST FOR COUNCIL TO AUTHORIZE THE FILING OF A PETITION FOR
JUDICIAL CONFIRMATION FOR PURPLE SAGE SPRINKLER SYSTEM AND DIRECT
THE CITY CLERK TO ADVERTISE A PUBLIC HEARING FOR JANUARY(16TH)AS 17th
PRESCRIBED BY LAW)
The City Attorney explained that all City Council needs
to take action on was to set the Public Hearing and
direct the City Clerk to advertise the Hearing in
accordance to Judicial Confirmation Law.
MOVED by Earl, SECONDED by Nancolas to set a Public
Hearing for January(16th)and authorize the City Clerk to 17th
advertise the Public Hearing for that time.
Roll call vote. Those voting yes: Earl, Nancolas,
Langan, Carpenter, Houchins, and Raymond. Those voting
no: none. Absent and not voting: none.
MOTION CARRIED
(FINANCIAL REPORT)
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Councilwoman Carpenter reported that the Finance
Committee has :reviewed and approved current accounts
payable in the amount of $342,032.14 and a payroll of
$144,197.20 for the period ended December 16, 1994.
MOVED by Carpenter, SECONDED by Earl that accounts
payable in the amount of $312,032.14 represented by
checks number 40034 through 40340 and payroll for the
amount of $144,197.20 represented by checks number 50762
through 5086? be accepted, payment approved, and the
vouchers filed in the Office of the City Clerk.
Roll call vote_ 51hose voting yes: Carpenter, Houchins,
Raymond, Earl, Nancolas, and Langan. Those voting no:
none. Absent and not voting: none.
MOTION CARRIED
(COMMITTEE REPORTS)
Councilman Raymond noted that he would not be present for
the combined meeting between the City Council and Canyon
County Comm issioners .
Councilwoman Earl reported on the ground breaking for the
Incubator Project, the Christmas Parade, and the Senior
Citizen's Volunteer_ Appreciation Dinner. Mrs. Earl also
stated that Donna Griffin, From Recreation, sent her a
letter_ with respect tc youth programs.
Page 308
Councilman Nancolas discussed the lack of Christmas
spirit in Caldwell and suggested that the City Council
look at appropriating funds for this during the next
budget. He also expressed his appreciation to Mr. Gigray
and Mr_ Morrow for the excellent job they have done as
the City Attorneys. In conclusion, he commented that
over the last few weeks the name of Nancolas has been
battered about a bit which included members of his
family, The name has stood for hard work, integrity,
honesty and community s ^rvice aid he wanted to reaffirm
that he would continue to stand for those things as well
as fair play in government. He also stated that there
needed to be a sp::_rit of Christmas in the City of
Caldwell_ They needed to work together to achieve this
and that the community band together and join in making
1995 a far better year than 199 He wished everyone a
Merry Christmas.
Councilman Langan expressed concern with regard to the
Golf Eeard. it was his understanding that there would
not be a meeting in Decemb and now he noted that there
were minutes from a December meeting.
(MAYOR'S COI�N=TS )
Mayor Winder reported that during the Last Council
Meeting, Councilwoman Carpenter asked what was being done
about the project to beautify the area between City Hall
and the Bank. He wanted her to know that this project
was a complete surprise to him. It was his understanding
that the Community Services Director was to follow
through on this and the Mayor was never informed.
The Mayor reported on the Christmas Parade, the Home
Tour, the Tree Lighting Ceremony, the appointment of a
ne,v Police Chief, the Senior_ Citizen's Volunteer dinner,
the Laura Gamboa Day, and that he would be presenting his
State of the City !address on January 12th at the
Fireplace Room at Albertson College of Idaho.
(ADJOURN 11
Book 35 Page 309
MOVED by Nancolas, SECONDED by Earl that since there was
no further business, the City Council Meeting would
adjourn at 10:15 p.m. and the Council would convene into
a continuation of the Executive Session pursuant to Idaho
State Code, Section 67 -2345, for the purpose of
discussing personnel.
Roll call vote. Those voting yes: Nancolas, Langan,
Carpenter, Houchins, Raymond, and Earl. Those voting no:
none. Absent and not voting: none.
MOTION CARRIED
The City Council Members convened into an Executive
Session at 10:15 p.m. with all City Council Members
present. After the discussion on personnel, the
Executive Session was adjourned at 10:40 p.m.
APPROVED AS written THIS 3rd DAY OF 7an,rar3E , 1995.
ATTEST:
City Cle