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HomeMy WebLinkAbout1999-02-16city council minutesBook 40 REGULAR MEETING February 16, 1999 7:34 p.m. The Meeting was called to order by Mayor Nancolas. The Invocation was offered by Scott McCormick, First Christian Church, after - which the Mayor requested that everyone remain standing for the Pledge of Allegiance to the Flag. The Roll of the City Council was called with the following members present: Wells, Gable, Evans, and Ozuna. Absent: Langan and Earl. ADDITIONS AND DELETIONS TO THE AGENDA. The Mayor asked if there were any additions or deletions to the prepared Agenda. It was MOVED by Gable, SECONDED by Evans to add Item No. 14 under the Consent Calendar which was to authorize the Mayor to sign an instrument of re- conveyance for the Deed of Trust from Bill and Marsha MacDowell. Roll call vote. Those voting yes: Gable, Evans, Ozuna, and Wells. Those voting no: none. Absent and not voting: Langan and Earl. MOTION CARRIED SPECIAL PRESENTATION AND INTRODUCTION OF SPECIAL VISITORS. The Mayor recognized Commissioner Todd Lakey from Canyon County. Page 40 He also excused Council President Jerry Langan and Rita Earl as they both had other responsibilities at this time. AUDIENCE PARTICIPATION. As there was no one from the audience who cared to address the City Council at this time, the Mayor declared that the meeting would continue as outlined. Mayor Nancolas also introduced a group of High School students from the Government Class who were present for the meeting. CONSENT CALENDAR The Mayor presented the following items on the Consent Calendar for consideration by the City Council: I. Dispense with the reading of the minutes from the February 1, 1999, Regular City Council Meeting and approve as written; 1 Accept the minutes of the various boards and commissions; - 3. Approve the Order of Decision on the request of Jerry Trammel for a preliminary plat approval (Case No. SUB- 29P -99); 4. Approve the Order of Decision regarding the adoption of an official zoning map (Case No. OA- 21 -99); 5. Approve the Order of Decision on the request of V.E. Graves and Sons, Inc., to annex approximately 14.71 acres into the City (Case No. ANN- 13 -99); 6. Approve Resolution to execute an agreement between the City of Caldwell and First Security Leasing Company for the purpose of an annual line of credit; 7. Approve acceptance of Utility Easement from Gem Star Properties, L.L.C.; Book 40 Page 41 S. Approve acceptance of a right of way dedication as part of the City street system from Florida Avenue MHC.LLC, an Idaho Limited Liability Company; 9. Approve the appointment of a Fair Housing Advisory Cormnittee which included Fred Cornforth, Art Honey, Estella Zamora, Tracy Coller, and Rick Wells; 10, Approve Resolution to authorize execution of an Agreement with :Acapulco Catering for Caldwell Events Center concessions; 11. Approve awarding bid to the low bidder, Mark Hess Construction for miscellaneous concrete for Local Improvement District 99 -2. 12. Approve State/Local Agreement for widening of Indiana; 13. Approve Order of Decision in the appeal to Council regarding beer and wine license denial to application submitted by Victor Sanchez; 14. Approve authorization for the Mayor to sign an instrument of re- conveyance for Deed of Trust — Bill and Marsha McDowell. MOVED by Evans, SECONDED by Ozuna to approve the Consent Calendar as presented. Roll call vote. Those voting yes: Evans, Ozuna, Wells, and Gable. Those voting no: none. Absent and not voting: Earl and Langan. MOTION CARRIED OLD BUSINESS (RESOLUTION OF INTENTION FOR THE FORMATION OF LOCAL IMPROVEMENT DISTRICT 99 -1 FOR CONSTRUCTION OF SEWER MAIN, STREET PAVING, AND DRAINAGE IMPROVEMENTS) Mayor Nancolas stated that the only item tinder Old Business was a Resolution of Intention for the formation of a Local Improvement District to construct street and drainage improvements in portions of Washington Avenue, Spruce Street, Harrison Street, South Michigan Avenue, Tyler Street, North Montana Avenue, Uvalde Street and Marshall Avenue and to construct a sanitary sewer line in the portion of Marshall Avenue north of West Logan Street. This was a continuation of the City's efforts to pave virtually all graveled streets in the next decade. The City has received petitions requesting the above stated improvements from at least 60% of the property owners in all of these areas. As there was no additional comments, the Mayor read the Resolution of Intention by title only as follows: A RESOLUTION DECLARING THE INTENTION OF THE CITY COUNCIL OF THE CITY OF CALDWELL, IDAHO, TO CONSTRUCT SEWER MAIN, STREET PAVING, AND DRAINAGE IMPROVEMENTS WITHIN SAID CITY; TO CREATE LOCAL IMPROVEMENT DISTRICT NO. 99 -1 FOR CALDWELL, IDAHO, A LOCAL IMPROVEMENT DISTRICT, FOR THE PURPOSE OF MAKING SAID IMPROVEMENTS BY SPECIAL ASSESSMENTS TO BE LEVIED AND ASSESSED UPON THE PROPERTY BENEFITED BY SUCH IMPROVEMENTS; DECLARING SAID IMPROVEMENTS TO BE FURTHER AND ADDITIONAL IMPROVEMENTS; STATING THE ESTIMATED TOTAL COST OF SUCH IMPROVEMENTS AND THE KIND OF CHARACTER THEREOF; FIXING A TIME IN WHICH PROTESTS AGAINST THE PROPOSED IMPROVEMENTS OR THE CREATION OF SUCH DISTRICT MAY BE FILED IN THE OFFICE OF THE CI'T'Y CLERK; FIXING A TIME WHEN SUCH PROTESTS SHALL BE HEARD AND CONSIDERED BY THE COUNCIL AND DIRECTING NOTICE THEREOF TO BE GIVEN. Book 40 Page 42 MOVED by Ozuna, SECONDED by Gable to pass Resolution of Intention for Local Improvement District No. 99 -1 and set the Protest Hearing at the Regular City Council Meeting on March 1, 1999. Roll call vote. Those voting yes: Ozuna, Wells, Gable, and Evans. Those voting no: none. Absent and not voting: Langan and Earl. NEW BUSINESS MOTION CARRIED (CONSIDERATION OF A REQUEST FROM THE COUNTY REGARDING STREET IMPROVEMENTS ALONG 13th AND CHICAGO STREETS) The Mayor stated that the next item was to consider a request from Canyon County regarding street improvements along Thirteenth and Chicago Streets. There was a letter in Council's packet addressed to the City pertaining to this matter. The letter was from Commissioner Todd Lakey and was as follows: This letter is sent in reference to the Caldwell Engineering Department's requested improvements along I3` and Chicago Streets in association with the addition to the Southwest Idaho Juvenile Detention Center project. In August, 1998, the Board of County Commissioners was aware that improvements (curb, gutter, sidewalk) along 13` between Albany and Chicago would be requested by the City. The Board sent a letter dated August 28, 1998, to the Caldwell City Council requesting that the improvements be delayed. The letter was sent by the Board because County Architect Tom Ensley and a subconsultant went to the City's Engineering Department and were advised by a member of the Department that an appropriate course of action was to pursue delaying the construction of the above improvements. The purpose of the Board's request was that the budget for the project could not afford street improvements. The project's budget is such that it enables only a no frill facility be built and does not afford the luxury to install any upgraded items such as finishes over concrete floors in the detention wings, millwork, outdoor recreation areas, or a more desirable pod style floor plan. The Board anticipated, with the submission of its letter, that street improvements would be allowed to be completed at a later date. Recently, Architect Ensley was preliminarily advised by the Caldwell Engineering Department that not only would the above improvements be required along 13 "', but would also be required on Chicago between 12` and 13 "' as part of the juvenile project. Costs to improve 13`" and Chicago Streets would impact the juvenile project severely and would cause the facility to undergo a redesign which will delay the start of construction considerably. Decreasing the number of cells would also be necessary so that funds could be made available for the street improvements. We are currently in the final stages of design and anticipate the bid packages for the Southwest Idaho Juvenile Detention Center to be released by February 22, 1999. We are aware that these improvements along 13 and Chicago Streets are important items to be completed. The County is not asking that these projects be eliminated, but merely delayed until County funds become available for such a project. Many hours have been devoted in the design of this project. From the very beginning, the budget funds were tracked on a very precise basis. Scarce tax dollars are involved. The County and the cities of Canyon County have been in need of the additional services this addition to the juvenile facility will provide to the community. The County is aware of the importance to the City of curb, gutter and sidewalk improvements. The County is not trying to shy away from an obligation, but is merely trying to delay the obligation to allow this worthwhile project, as presently designed, to proceed to construction. Book 40 Canyon County is requesting, in regard to the addition to the Southwest Idaho Juvenile Detention Center Project, that the City Council delay any Caldwell City Code mandated sidewalk, curb and gutter requirements until a later year certain. The County will present testimony in support of this request and documentation for the City Council to consider. We request that this matter be agendized as a matter to be heard by the Caldwell City Council on February 16, 1999, at 7:00 o'clock p.m. Fellow County Commissioners Pat Galvin and Zelda Nickel -Orr were not available to sign this letter because of County commitments but support this request. Commissioner Todd Lakey, 1007 Brentwood Place in Nampa, was recognized and introduced Dan Kessler, Trial Court Administrator; Steve Jett, the Director of the Southwest Idaho Juvenile Detention Center; Ron Monteferrante, Construction Manager CH2M HILL; Chuck Saari, Prosecuting Attorney's Office; and Tom Ensley, the Architect for the facility. Mr. Lakey stated that they were here to talk about the construction of the new Juvenile Detention Center and more specifically, the addition of the Juvenile Detention Center and about the City's request that certain improvements surrounding the facility be accomplished. They would be asking the City to defer those improvements for a specific period of time up to two years. At this time, he stated that he would turn the time over to Mr. Monteferrante who was the construction manager of the project. Ron Monteferrante, 1910 South Londoner Way, Boise, presented the site plan and a number of overheads for the Council to view. The discussion included the street improvements near the Southwest Idaho Juvenile Detention Center and what was required by the City. He stated that he did not know all of the specific details, but he did comment on the assumptions as far as the cost would be which amounted to $30,000 to $50,000. Mr. Monteferrante reviewed further the improvements they understood would be required. The City Council asked a number of questions associated with this project. Tom Ensley, 2505 Terrace, also commented on his discussion with the City Engineer. At this time, Commissioner Lakey addressed the Council stating that the Caldwell City Ordinance refers to a deferment for certain developers for up to two years. He believed that this was the time they would like to look at. The City Engineer stated that the City decided some time ago the importance and necessity of having some basic improvements on the frontage of development. It would still be his recommendation that we have at least for a portion of this project some basic improvements along some critical areas in connection with the County's project. If you include all of the area of the County owned land from Albany to Chicago, you have two full blocks. What has happened historically was that Belmont Street that lies between them has been vacated creating a single lot. Hence, that was the reason for the request for improvements on the entire piece of property. In looking at it, it appeared to him that there was a reasonable basis for splitting the property into. There would be a northeast block and a southwest block. The southwest block would be where the juvenile detention facility would be upgraded or expanded. The northeast block was presently a little bit parking, a little storage and etc. but there was a natural division there that exists where the old Belmont Street would have been. Because of the importance of the curb and gutter and the sidewalk in particular, it would still be his recommendation that those improvements be provided prior to occupancy at least on that southwest block. That happens to be-the more developed portion at this point as there was at least curb and gutter on two sides leaving only the third side to be provided with curb and gutter and there was sidewalk on one side leaving two sides to be provided with sidewalk. This would cost somewhere between $7,000 to $9,000 for those improvements. The other issue to be addressed was the question of the deferral or the bonding to allow deferment. It was not clear to him that the bonding was a provision that actually was allowed for the infrastructure policy. Actually, we have two separate ordinances and lie did not know the basis or the history of the generation of those two separate ordinances. The ordinance that refers to the bonding and deferral includes some provisions Page 43 Book 40 Page 44 within the body of the ordinance that could be related to these infrastructure improvements that we were interested in. The other ordinance implemented or put in place the actual infrastructure policy on which these provisions were applied to the County. He was not sure that the bonding provision from the one ordinance was intended to apply to the other. Mr. Law further commented that one of the big issues that he has to be concerned about was the ability to apply to all developers equally those requirements which we expect of them in their developments. He would suggest that there may be a way to give the County some relief from some of the costs allowing us to still maintain the general equality which we try to apply to other developers. The Mayor addressed Mr. Lakey stating that he recognized that the County's budget has already been created and the funding not created for this project. If there was some sort of compromise or agreement that the portion we were talking about in conservative figures, $9,000, to construct part of it within the next budget year and then defer the remaining portion to the second year. This would give you two budget years to address the entire issue. His question to him would be whether it would be feasible to defer the construction of the part Mr. Law has referred to into the next budget year and then delay following portion of it to the next budget year. There was a continued discussion on this possibility with the Mayor stating there were a couple of ways the City could assist. He assumed that they could help them save some money by allowing the County to "piggyback" onto our low bid and save some money in construction. The Mayor again explained the possibility of there being two budget years to address the financing of the project. Mr. Lakey agreed that any deferment would be a help to them. It was then MOVED by Evans, SECONDED by Wells to allow deferment of the said construction as testified by the City Engineer to be deferred to budget year, October 1, 1999, to September 30, 2000, and the rest waived until an appropriate time in the future and the northeast remains undeveloped until a future time. Roll call vote. Those voting yes: Evans, Ozuna, Wells, and Gable. Those voting no: none. Absent and not voting: Earl and Langan. MOTION CARRIED (BILL NO. 11 TO AMEND THE CITY CODE WITH REGARD TO ANIMAL CONTROL REGULATIONS BY REPEALING ARTICLE 3 OF CHAPTER 8 AND ADDING A NEW ARTICLE 3 OF CHAPTER 8 WITH A RECOMMENDATION TO WAIVE THE RULES AND PASS ON THE FIRST READING BY TITLE ONLY) Mayor Nancolas stated that the next item was consideration of Bill No. I 1 which was to amend the City Code regarding animal control. There was a recommendation as indicated on the Agenda to waive the rules requiring that a Bill be read at three separate times and read in full for one reading. Since this was basically a housekeeping matter, the Mayor noted that he would agree with this recommendation. This Bill would put the City in compliance with the County. The City Attorney informed the Mayor and Council that he reviewed both the Bill and the Summary and found them to be in proper form. The Mayor read Bill No. 11 by title only as follows: AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF CALDWELL, STATE OF IDAHO, BY REPEALING ARTICLE 3 OF CHAPTER 8 PERTAINING TO ANIMAL CONTROL REGULATIONS AND ADDING A NEW ARTICLE 3, CHAPTER 8, REGARDING ANIMAL CONTROL. Book 40 MOVED by Evans, SECONDED by Gable 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: Evans, Ozuna, Wells, and Gable. Those voting no: none. Absent and not voting: Langan and Earl. MOTION CARRIED MOVED by Evans, SECONDED by Gable that Bill No. 11 be passed and entitled Ordinance No. 2271 after the one reading by title only. Roll call vote. Those voting yes: Evans, Ozuna, Wells, and Gable. Those voting no: none. Absent and not voting: Langan and Earl. MOTION CARRIED (APPROVE THE SUMMARY FOR BILL NO. 1 I FOR PUBLICATION) MOVED by Gable, SECONDED by Ozuna to approve the Summary for Bill No. 11 for publication. Roll call vote. Those voting yes: Gable, Evans, Ozuna, and Wells. Those voting no: none. Absent and not voting: Langan and Earl. MOTION CARRIED (PROPOSED AGREEMENT FOR COST RECOVERY FOR THE CONSTRUCTION OF A SEWER LINE BY SCOTT L. HUCKSTEP) Mayor Nancolas explained that this was a fairly common situation, When a sewer line was put in and costs were extended by the developer as other lines were attached, this Agreement allows some recovery for the original developer. The proposed Agreement was included in the Council's packet for their review. The Mayor presented the Agreement and then requested action from the City Council. MOVED by Ozuna, SECONDED by Gable to approve the Agreement for cost recovery for the construction of a sewer line by Scott L. Huckstep. Roll call vote. Those voting yes: Ozuna, Wells, Gable, and Evans. Those voting no: none. Absent and not voting: Langan and Earl. MOTION CARRIED (RESOLUTION OF INTENTION FOR L.I.D. 99 -4 FOR TREE REMOVAL) Mayor Nancolas informed Council that the next item on the Agenda was to consider approving a Resolution of Intention to form Local Improvement District 99 -4 for tree removal. The Mayor read the Resolution by title only as follows: A RESOLUTION DECLARING THE INTENTION OF THE CITY COUNCIL OF THE CITY OF CALDWELL, IDAHO, TO TRIM OR REMOVE DEAD, DYING, DISEASED, OR HAZARDOUS TREES WITHIN SAID CITY AND REPLANTING THEREOF; TO CREATE LOCAL IMPROVEMENT DISTRICT NO. 99 -4 FOR CALDWELL, IDAHO, FOR THE PURPOSE OF MAKING SAID IMPROVEMENTS BY SPECIAL ASSESSMENTS TO BE LEVIED AND ASSESSED UPON THE PROPERTY BENEFITED BY SUCH IMPROVEMENTS; DECLARING SAID IMPROVEMENTS TO BE FURTHER AND ADDITIONAL IMPROVEMENTS; STATING THE ESTIMATED TOTAL COST OF SUCH IMPROVEMENTS AND THE KIND OF Page 45 Book 40 Page 46 CHARACTER THEREOF; FIXING A TIME IN WHICH PROTESTS AGAINST THE PROPOSED IMPROVEMENTS OR THE CREATION OF SUCH DISTRICT MAY BE FILED IN THE OFFICE OF THE CITY CLERK; FIXING A TIME WHEN SUCH PROTESTS SHALL BE HEARD AND CONSIDERED BY THE COUNCIL; AND DIRECTING NOTICE THEREOF TO BE GIVEN. MOVED by Evans, SECONDED by Wells to pass the Resolution of Intention for Local Improvement District No. 99 -4 for tree removal and set the date of March 1, 1999, for the Protest Hearing. Roll call vote. Those voting yes: Evans, Ozuna, Wells, and Gable. Those voting no: none. Absent and not voting: Langan and Earl. MOTION CARRIED (PUBLIC HEARING REGARDING VACATION OF A PORTION OF FIRST STREET AND MARSHALL AVENUE AND WOODS ACRES SUBDIVISION) The next item was a Public Hearing regarding vacation of a portion of First Street and Marshall Avenue and Woods Acres Subdivision. This was a matter that was forwarded from a previous City Council Meeting, The Mayor then opened the Public Hearing and asked if there was anyone signed to speak to this natter and found that there was one person signed to speak in favor, Dennis King from J -U- B Engineers. The City Engineer, Mr. Law, reported that the request was submitted to the Engineering Department for vacation of a portion of First Street and Marshall Avenue in the old Woods Acreage Plat. Public utilities and property owners within three hundred feet have been notified as required by law. Responses were received from all affected utilities and no one expressed objections to the proposed vacation. The Engineering Department was also on record as not being opposed as well. Dennis King, 212 Tenth Avenue South, representing J -U -B Engineers was recognized by the Mayor. Mr. King explained that there were two public streets rights of way involved in this request. The area was just south of Linden Street along Dorman Avenue. The rights of way were created in 1895 when the plat for Woods Acreage was recorded. Those streets have never been opened and no improvements whatsoever within those rights of way. They were currently working on a project of about 15 acres in this area that would re- subdivide the area and create new streets. They would be to the more modern requirements that we have today. The first avenue right of way was approximately 660 feet long and runs in the east/west direction through the property and the right of way width was 50 feet. The Marshall Avenue right of way was a half right of way and runs right along the easterly boundary of the property we were proposing to develop and right along the westerly boundary of the Manchester Park Development. This length of right of way was about 1000 feet. In the development of Manchester Park Subdivision, they have not addressed or dedicated the additional one half of right of way that would be required to make Marshall Street a full roadway width. Therefore, to leave that right of way in place would cause our development to dedicate the other half of the right of way which was already one half dedicated from the property which was not conducive to our development. The other thing that it does do would be to create lots within the Manchester Park area that would be double fronted. Double fronted lots were not permitted by City Ordinance. If the rights of way were vacated by the Council, they would be allowing utility easements within our subdivision to accommodate any utilities necessary. Typically when a vacation occurs, one half of that vacated right of way would revert to each property on either side of the right of way. In this particular instance, we have a case where (and I will speak entirely about the Marshall Avenue right of way) if one half of that were to revert to the property on the east, which was the property being developed under the Manchester Park development, Book 40 Page 47 we would end up with ground that has just been developed with a strip tacked onto that which becomes useless to those property owners. When you consider how the right of way was originally dedicated and that would be by the old plat, all of that right of way came from this particular piece of property. Certainly, ownership has changed over that one hundred year period, but the boundary lines have remained the same. At the time the acreage was platted, all of the right of way came from that property so it seems appropriate if vacated that all of the right of way should revert back to that underlying property. In conclusion, Mr. King stated that he did not believe this was a legal issue, but was something that was not common in the vacation process. A request for a five minute recess was acknowledged by the Mayor after which the meeting was reconvened. The City Attorney, Mr. Hilty, commented that the State Code provides the general rule that when a right of way was vacated, it was essentially divided down the middle and half goes to each adjoining property owner which would be the case here. In discussing this with Mr. Law, the way this was platted was that there was a twenty -five foot easement given and dedicated at the time of the original Woods Acreage Subdivision and it was the expectation and anticipation that the adjoining property would also grant a twenty -five foot easement to make it a fifty foot right of way. That never happened. The Code provides, Section 50 -311, "Whenever any street, avenue, alley or any lane shall be vacated, the same shall revert to the owner of the adjacent real estate on half on each side thereof or as the City Council deems in the best interest of the adjoining properties." My analysis of this would be that the general rule would be that the twenty -live foot casement would be divided with fifty percent going to each adjoining land owner. That seems to me to be the natural implication of the law. However, under the circumstances here, that may not be the best course of action where it was anticipated that it would be a fifty foot easement and then half of the property would have been deeded by the adjoining owners at Manchester. Where that never happened, I certainly think that there were grounds for the City Council to do something other than what would be the natural impact of the law and you were clearly authorized to do that under the Code Section just cited. There was certainly legal authority and legal basis for you to do what was being asked. I think there was certainly a logical reason to do it that way. After a short discussion, it was MOVED by Gable, SECONDED by Evans to close the public testimony portion of this hearing. Roll call vote. Those voting yes: Gable, Evans, Ozuna, and Wells. Those voting no: none. Absent and not voting: Langan and Earl. MOTION CARRIED Mayor Nancolas noted that the evidence consisted of the following: PR -1 was the Public Hearing sign up sheets; PR -2 was the packet of letters from all affected utilities stating that there was no opposition to the vacation; PR -3 would be the Staff Report from the City Engineer. MOVED by Evans, SECONDED by Ozuna to accept the Evidence List as presented by the Mayor. Roll call vote. Those voting yes: Evans, Ozuna, Wells, and Gable.' Those voting no: none. Absent and not voting: Langan and Earl. MOTION CARRIED Councilman Evans presented the following Findings of Fact: 0 The oral testimony of Mr. King, Mr. Law, and Mr. Hilty; Book 40 Page 48 • The documentation of letters from the utilities stating no opposition to the request for the vacation of property; • Evidence as stated in the memorandum from the City Engineer describing what the request was, the map and other information; • Engineering Department was not opposed to this vacation; • The Hearing for this meeting was published in the Press Tribune as required. Councilman Gable added: • The additional 25 foot easement was never deeded by the adjacent property owner; • Vacating this 25 foot piece of land will allow for more orderly development that was compatible with the existing area as well as not isolating a piece of land. The City Attorney, Mr. Hilty suggested the following addition to the Findings: • That the right of way was 25 feet and that all of that property was dedicated by your applicant's predecessor and all of that 25 feet easement was on her property. MOVED by Ozuna, SECONDED by Gable to accept the Findings of Fact as presented. Roll call vote. Those voting yes: Ozuna, Wells, Gable, and Evans. Those voting no: none. Absent and not voting: Langan and Earl. MOTION CARRIED The following Conclusions of Law were presented by Councilman Evans: • The City Council of Caldwell was authorized under State Code and Statutes to hear this information and have an opportunity to make a decision based on the outcome of that information; • All City Code and State Codes (Section 50 -311) have been met in terms of the procedures we need to go through in order to determine the Findings; The City Attorney recommended that the City Council find as a matter of law the following: • That the Council has the authority to determine the most appropriate disposition of the area to be vacated. MOVED by Evans, SECONDED by Gable to accept the Conclusions of Law as presented including the recommendation from the City Attorney. Roll call vote. Those voting yes: Evans, Ozuna, Wells, and Gable. Those voting no: none. Absent and not voting: Langan and Earl. MOTION CARRIED Order of Decision: MOVED by Evans, SECONDED by Gable to grant the request for the vacation of portions of First Street and Marshall Avenue and Woods Acres Subdivision as requested by Graves & Sons, Inc. Roll call vote. Those voting yes: Evans, Ozuna, Wells, and Gable. Those voting no: none. Absent and not voting: Langan and Earl. Book 40 MOTION CARRIED MOVED by Ozuna, SECONDED by Gable to close the Public Hearing. Roll call vote_ Those voting yes: Ozuna, Wells, Gable, and Evans. Those voting no: none. Absent and not voting: Langan and Earl. MOTION CARRIED (CONSIDER BILL NO. 12 FOR VACATION OF FIRST STREET & MARSHALL) The Mayor read Bill No. 12 by title only as follows: AN ORDINANCE RECITING PETITION FOR VACATION AND RECITING APPROPRIATE NOTICE WAS GIVEN; DETERMINING THAT VACATION OF SAID PUBLIC RIGHT OF WAY IN THE CITY OF CALDWELL, CANYON COUNTY, IDAHO, DESCRIBED BELOW, SHALL BE MADE; DETERMINING THAT VACATION OF SAID FOLLOWING PROPERTY IS IN THE BEST PUBLIC INTEREST; AND PROVIDING FOR AN EFFECTIVE DATE. MOVED by Ozuna, SECONDED by Evans 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: Ozuna, Wells, Gable, and Evans. "Those voting no: none. Absent and not voting: Langan and Earl. MOTION CARRIED MOVED by Gable, SECONDED by Ozuna that Bill No. 12 be passed and entitled Ordinance No. 2272. Roll call vote. Those voting yes: Gable, Evans, Ozuna, and Wells. Those voting no: none. Absent and not voting: Langan and Earl. MOTION CARRIED (RESOLUTION REGARDING VACATION OF PORTIONS OF EASEMENTS ADJACENT TO WOLFE STREET IN HAPPY DAY BUSINESS CENTER) The City Engineer, Mr. Law, presented the background information stating that the item before them was a request to vacate the easements in Happy Day Business Center that were adjacent to the portion of Wolfe Street that was originally considered two or three months ago. At that time, it was found that these two easements were still in the way of what the developer was proposing to do in connection with his vacation of the street. TNs matter was to clean up that issue with respect to his original request. This issue was also properly noticed. Potential utilities with possible interest in these easements were contacted. They received notice from all of them and Mr. Elg will provide the final one that indicates that they have no interest in these easements and would not be opposed to their vacation. Mr. Law's final comment wds that the Engineering Department was not opposed to this vacation. Page 49 Mr. Van Elg, from Briggs Engineering, 1800 West Overland Road, Boise addressed Council stating that they did have the agreement from Idaho Power which he distributed to the Members of the Council. Mr. Elg also noted that he had a copy of the property boundary adjustment that they intended to submit and record to finalize the vacation of easement. Book 40 The Mayor read the Resolution by title as follows: A RESOLUTION RECITING APPLICATION FOR VACATION OF EASEMENTS; RECITING THAT APPROPRIATE NOTICE WAS GIVEN; RECITING THAT AFFECTED EASEMENT HOLDERS HAVE AGREED TO VACATION IN WRITING; DESCRIBING SAID EASEMENTS; SETTING FORTH CONDITIONS AND RESTRICTIONS OF APPROVAL; DECLARING RESOLUTION TO BE AN AMENDMENT TO PLAT OF HAPPY DAY BUSINESS CENTER; AND PROVIDING FOR AN EFFECTIVE DATE. MOVED by Gable, SECONDED by Ozuna that the Resolution be passed for the vacation of portions of easements adjacent to Wolfe Street in Happy Day Business Center. Roll call vote. Those voting yes: Gable, Evans, Ozuna, and Wells. Those voting no: none. Absent and not voting: Langan and Earl. MOTION CARRIED (FINANCIAL REPORT) Councilman Gable informed the Mayor and Council that the Finance Committee has reviewed current accounts payable in the amount of $305,255.16 for the period ended February 11, 1999, and a net payroll of $130,801.24 for the pay period ended January 30, 1999. MOVED by Gable, SECONDED by Evans that accounts payable in the amount of $305,255.16 represented by check numbers 61840 through 62064 and payroll for the amount of $130,801.24 represented by check numbers 64266 through 64365 and direct deposit stub numbers 9937 through 10042 be accepted, payment approved, and vouchers filed in the Office of the City Clerk. Roll call vote. Those voting yes: Gable, Evans, Ozuna, and Wells. Those voting no: none. Absent and not voting: Langan and Earl. MOTION CARRIED (CITY COUNCIL REPORTS) Councilman Wells reported that he was asked to work with some Scouts in conjunction with the Idaho Youth Fest pertaining to Eagle Scout projects. He would need some volunteers and would ask the other Council Members or anyone else to let him know if they would be willing to volunteer. Councilman Gable stated that he attended along with Councilman Wells, Councilwoman Earl and several members of Staff, the Planning and Zoning workshop in Weiser on Saturday. He felt that it was very good. Councilman Evans noted that he was out of town over the weekend which was a trip scheduled some time ago, and missed the workshop. He regretted this, but it was unavoidable. (MAYOR'S COMMENTS) Mayor Nancolas commented on several items including that there was an Enough is Enough planning meeting on Friday; On March 7, at 7:00 p.m. in the evening, there will be a Community Fireside at the Caldwell High School put together by the local Ministerial Group and in conjunction with the Enough is Enough program; The Treasure Valley Regional Transportation Authority was meeting the next day at 4:00 p.m.; They were in the process of reducing the size of the Caldwell Economic Development Council Board to a functioning management size; Asked Council to set workshop in regards to discussion of the Police Station Page 50 Book 40 and the date of Monday, February 22, 1999 at 5:30 p.m. was decided on; They would also address any questions pertaining to the Appointed Officials goals; Were meeting with Idaho Power on February 23 to discuss their participation in the beautification project; They also have met with ITD and they have given their blessing on some other beautification projects; One minor beautification was started on the triangle this side of Centennial Way; and March 7t" was the kick off for the Enough is Enough. (ADJOURNMENT) MOVED by Evans, SECONDED by Gable that since there was no further business, the meeting be adjourned at 9:00 p.m. Roll call vote. Those voting yes: Evans, Ozuna, Wells, and Gable. Those voting no: none. Absent and not voting: Langan and Earl. MOTION CARRIED APPROVED AS written THIS 1st DAY OF March , 1999. Page 51 Mayor ATTEST: City Clerk