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HomeMy WebLinkAbout1978-02-21city council minutesBook 19 REGULAR MEETING February 21, 1978 7:30 P. M. The Meeting was called to order by Mayor Pasley. Page 41 The Roll of the City Council was called with the following members present: McCluskey, Olesen, Williams, Raymond, Hopper, and Bauman. Absent: none. (APPROVAL OF MINUTES) MOVED by Williams, SECONDED by McCluskey to dispense with the reading of the minutes of the Regular Meeting of February 7, 1978, and the Special Meeting of February 13, 1978, and approve them as written. Roll call vote. Those voting yes: Williams, Raymond, Hopper, Bauman, McCluskey, and Olesen. Those voting no: none. Absent and not voting: none. MOTION CARRIED (AUDIENCE PARTICIPATION) The Mayor asked if there was anyone in the audience who cared to address the City Council at this time regarding items that were not listed on the prepared Agenda. The Mayor requested that those who cared to speak please state their names so the City Clerk could have them for the minutes. The Mayor then recognized Dr. Robert M. Taylor. Dr. Taylor stated that he was there to represent just one of the churches in the Caldwell area who wished to voice disapproval of the opening of the adult b.00kstoxe:.at.716 Arthur _in.Caldwell. He explained that there was over 3,600 members of his church in the area and over half of this number lived in the city limits of•Caldwell and he was satisfied-that the majority of them did not approve of this bookstore. .Dr. Taylor went into some detail to the laws in the Idaho Code regarding the obscenity laws and pointed out that some of them have changed and new provisions have been established. The law now states that a community has the right to decide what it considers to be obscene and if. enough. people would come forward the standards of the community can be changed. or upgraded. He felt that a fact finding campaign should be instituted to find what the average community standard was. He then stated that the second thing should be that the City Council direct the City Attorney under Title-52 of the Idaho Code. to press misdemeanor cha.rges,under the -moral nuisance law against the bookstore and press for. the same.results as they got in Ada County and stop the material before it was in circulation. The third was to follow through with a felony charge of conspiracy with indictments, trials, penalties, and sentences. The fourth was to help the City Council suggest or pressure the Legislature to enacting censorship legislation so that we can avoid all of these other preliminary steps if it happens again. The fifth point was to bring to trial the Top Theater again., Dr. Taylor said that he did not agree with the argument that you can.'t do something. He strongly requested that the City Council consider these five requests. The Mayor then recognized Pastor Elmer V. Unterseher who stated that he represented the - Seventh Day Adventist Church. He stated that he agreed wi.th.Dr. Taylor and wished to goon record as doing so.. He stated _that no one was trying to restrict the freedom of anyone, but was.very much against the bookstore and would hope that it would_not be .allowed. Book 19 Page 42 The Mayor said that he was very glad to see all of the people present tonight and taking an interest in what was going on in the community. He pointed out that under State Law, cities and counties have been forbidden to pass ordinances pertaining to obscenity: The City Council was powerless to pass any ordinance or to stop this bookstore from opening and so was the County. The Mayor had discussed it with the County Attorney and was so advised. He asked the audience, in addressing their remarks to the City Council, to please tell them what they would like for the City Council to do, but don't ask the Council to keep the store from opening. Under the present law, this cannot be done, no matter how strong the Council might feel about it. The City has made the bookstore comply with every building code law which makes it now possible for them to open. The Mayor then recognized the Reverend E. P. Anderson of the First Full Gospel Church. He stated that he would like to go on record as being opposed'to this bookstore. He inquired of the Council whether it would be possible to circulate a petition and if 51% of the citizens were opposed would majority rule. The Mayor told him that this would not help as the same thing was done in regard to the Top Theater. Much discussion followed among the Council and the audience. Councilman McCloskey then read a proposed Resolution as follows: Resolution authorizing Mayor and Council to request the Canyon County Legislative Delegation to sponsor legislation declaring masturbation booth or any variation thereof, called by whatever name be declared illegal in the State of Idaho. BE IT RESOLVED That the Mayor and Clerk of the City of Caldwell be authorized to sign a Resolution addressed to the Canyon County Legislative Delegation asking that this Delegation sponsor and introduce legislation declaring that masturbation booths and any variation of these booths, known by whatever :name be declared, as against State Law and against the moral values of communities within the State of Idaho. Specifically, the legal opinion of Judge Smith in the State of Idaho against Adult Bookstores in Garden City, Idaho, states on Page 41 of his written opinion that the court believes the Legislature is clearly within the scope of its authority in enacting censorship legislation on obscenity. In this light, the court cannot accept the proposed idea that masturbation parlors posing as Adult Bookstores can be justified under the law in this community or under its community standards as therapy centers for the sexually dysfunctional or inhibited. MOVED by McCluskey, SECONDED by Raymond to approve this Resolution as presented by Councilman McCluskey. Further discussion then followed the reading of the Resolution. The Mayor stated that he had sent copies of Judge Smith's decision to all of the Canyon County legislative delegation. This was the trial involving the two adult bookstores in Garden City. He had also sent it to two of the Ada County Legislature. The Mayor felt that the only way to accomplish anything regarding the bookstore was to contact our members of the Legislature in hopes that they will try to get the laws changed. Judge Smith did indicate in his opinion that the masturbation booths were not justified and the Mayor did feel that this was the one strong point for Book 19 Page 43 additional State Laws and we should try to pursue this as there was a legal opinion to back it up. The Mayor then called for a roll call vote on the motion made by Councilman McCluskey that the Resolution pass. Those voting yes: McCluskey, Olesen, Williams, Raymond, Hopper, and Bauman. Those voting no: none. Absent and not voting: none. MOTION CARRIED The Mayor thanked all for coming and assured them that they would do all they could that was legal. The Mayor told the City Council that the Prosecuting Attorney was asking the Attorney General for an opinion and he would so advise them when it was received. He also told the audience that a list of the Legislative officials would be available if they cared to call or stop by the City Hall. OLD BUSINESS (BID AWARD - LAWNMOWER FOR PARK DEPARTMENT - CLIFF CARLSON COMPANY) The Mayor asked the Finance Director to report on the bid opening for the lawnmower for the Park Department as follows Bids were opened at 2:00 P.M. February 9, 1978, for the purchase of a rotary lawnmower for the Park Department. The results of the bids were as follows: Boyd Martin Co. No bid Cliff Carlson Co. $4,823.40 Turf Equipment Co. 5,585.40. Bids were reviewed by Jess Payne, Superintendent of Parks, and were found to meet specifications with the bid of Cliff Carlson Co. being low bidder. Therefore, the Finance Director recommends that the Mayor and Council accept the bid of Cliff Carlson Co. in the amount of $4,823.40. The equipment budget for the Park Department is attached. Due to the greater need of lawn equipment, a mower was bid in lieu of the pickup and radio. MOVED by'McCluskey, SECONDED by Williams to approve the bid award of Cliff Carlson Co. in the amount of $4,823.40 for a lawnmower for the Park Department as recommended by the Finance Director. Roll call vote. Those voting yes: McCluskey, Olesen, Williams, Raymond, Hopper, and Bauman.' Those'voting no: notie. Absent and not voting: none. MOTION CARRIED (BILL NO. 7 - ORDINANCE NO. 1459 - INITIATIVE REFERENDUM) The Mayor requested the City Clerk to read by title only for the third time Bill No. 7 as follows: AN ORDINANCE ENACTING A NEW CHAPTER 4, TITLE XII OF THE CITY CODE PROVIDING FOR DIRECT LEGISLATION BY THE PEOPLE THROUGH THE INITIATIVE AND REFERENDUM, ESTABLISHING RULES AND REGULATIONS GOVERNING THE PETITIONING THEREFOR, AND PRESCRIBING THE PROCEDURE FOR CONDUCTING THE ELECTION PURSUANT THERETO; PROVIDING FOR THIS ORDINANCE TO TAKE EFFECT AFTER ITS PASSAGE, APPROVAL AND PUBLICATION ACCORDING TO LAW. BOOK 1y Page.44 MOVED by Hopper, SECONDED by Bauman that Bill No. 7 be passed and entitled 'Ordinance No. 1459: Roll call vote. Those voting yes :. Hopper, Bauman,McCluskey, Oleseu, Williams, and_A6ymond". Those voting no: none. Absent and not voting: none. MOTION CARRIED (DECISION ON WATER MAIN EXTENSION POLICY MI2. HIBBARD) The Mayor explained that at a Special Meeting two weeks ago there was a discussion between Mr. Hibbard and the City.Engineer and the Cy Council t e a written 'r concerning 'the water main extension policy. The City Engineer mad dation' which was as follows: '_, This is an additional information on Mr. Hibbard`s request for an adjustment of `tire charge for water main policy. In subsequent study of the irregular shaped lots, I discovered that when Starlight #2 Addition was recently platted, the right -of -way -along the Lowline Canal was not included as an easement on the lots 'bordering'the canal. In this plat, the 30 foot was simply and identified as canal right -of- r way. T`he water main policy consideration..,for`the entire Starlight #2 Subdivision as determined June'17, 1977, upon application by Mr. Lasher did not include the canal right -of- way distances as explained above, they were not platted into the lots. Both plats of Green Aeres''No. Land No. 2 platted some years ago did include the half r -o -w of the Lowline Canal as easements within the lot boundaries. Both of the recent determinations for properties within the Green Acres Subdivision, one for Mr. Hibbard and one for Mr. Smith, were made on the basis of,the lot boundaries including he half' ca ..,. g . - nal. righ.ts- of-47ay. . The distance of Mr. Hibbard ` s - property within the canal right -of -way that was assessed is'40.42 feet and the distance within the canal r -o -w for Mr. Smith is 56.13 feet. Any determination would undoubtedly be made 'on the basis that the property within the canal boundary is not usable as a part of the lot. The same application may be applied to large drain ditches and other canals of equal size. Each case would require judgment on its merits as "to eahether the unused part of the platted lot 'was`of a permanent nature or simply temporary that could be relieved ultimately by tiling of the drain ditch canal o'r lateral. MOVED by Raymond, SECONDED by McCluskey that the City Council exclude canal rights of ways from frontage measurement utilized to determine the cost of water line extensions and the ,policy be changed to state this. Roll call vote. Those voting yes: Raymond, Hopper, Bauman, McCluskey, Olesen, and Williams. Those voting no none. Absent and not voting: none. MOTION CARRIED NEW BUSINESS (PUBLIC HEARING -- REZONING PROPERTY ON'KIMBALL BETWEEN FILLMORE AND GRANT) The Mayor explained this was the time set for a public hearing regarding rezoning property on Kimball Avenue between Fillmore and Book 19 Page 45 Grant Streets. The Mayor then declared the Public Hearing open. The City Engineer reported that the Planning and Zoning Commission had recommended that.this be rezoned from R -2 to C -2. The Mayor then recognized Mrs. Altha Bish who stated that she had originally requested a special permit for an office on the corner of Fillmore and Kimball. At the Meeting of the Planning and Zoning Commission, she had agreed to go along with Mr. Dunn and Mr. Frye to rezone. Since then, she had reconsidered this and felt now that it would be in her best interest to go back to her original request for a special permit and that her name be withdrawn from the request for the rezoning. The Mayor then explained that if Mrs. Bish withdrew her request, the other piece of property would not be eligible for rezoning as it was not contiguous to a Commercial Zone. The Mayor read a letter received from Marie Allen at 1324 Fairview stating her opposition to the rezoning. Letters were also read from Bonnie Eismann and Donald John Stating their objection to the rezoning. The Mayor then recognized Mr. Jon Frye who expressed his desire to have it rezoned. He felt that this property was only six blocks from the City Hall and that to try to keep the area around the parks free of Commercial.. Zones was not reasonable. Bill Weber was recognized and stated that he was opposed to the rezoning. His home was at 1407 Fairview. He felt that the Commercial should stay more in the downtown area. Since there was no one else from the audience who cared to speak regarding.the rezoning of ,this..p.roperty,. the Mayor declared the _.._ Public�Heaxing closed. MOVED by Bauman, SECONDED by Williams that this request be denied for ;a zone change. Councilman Olesen pointed out that the Planning and Zoning Commission had recommended. that this rezoning: be_.granted. Roll call vote.: Those voting yes: Bauman,..McCluskey, Williams, Raymond, -- Ho -peer. Those voting no: Olesen. Absent and not voting: none. MOTION CARRIED (APPLICATION FOR HARDSHIP DISCOUNT .- :SANITARY SERVICES) The Mayor presented an - application- for a- .hardship. discount for sanitary services. The-Iady_ was eighty- six with an income af. $19.7.80 -a month. MOVED by Raymond, SECONDED by McClu.skey that this r.eques.t for hardship discount-.be granted. Roll call vote. Those voting yes: Raymond, Hopper, Bauman, McCluskey, Olesen, and Williams. Those ,voting no: none. Absent and not voting: none. MOTION CARRIED (APPLICATION FOR CHANGE IN TAXICAB RATES) A:xequest - was, zmade :by, Mr. Fusselman. for changes in the taxicab fares. This request was. as follows:. We propose to._ change -the, extra ,passenger charge from the present:l0 each to 25(, for.each adult in addition to the first, Book IV Page 46 and 10� for each additional walking child. We 'propose to levy a small fee such as 10� for each bag of groceries over the first; or beyond what maybe held the passenger's lap. We propose to levy a similar fee for laundry baskets, on the same basis. We propose to levy an adjustable fee for those passengers who travel from one side of town, across to another outer charge area. Example: The present fates are structured on the premise traveling to or the central core area. However, one passenger may indeed take a cab from Canyon Hill ($1.45 area) to the downtown area, while the next (from a similar area) may elect to go to Cascade Nursing Home on South Indiana ($1.45�area) on the other side of town. We propose to add zone charges of 10�, 25�, 50q., 85(�, etc., according to how far out of the area the passenger rides. According to the proposed system, the second passenger example, instead of riding twice as far for the same fare, would pay $1.45 plus the difference between the core charge, (95�) and the destination charge, or $1.45 plus 50% so the compensation for longer rides will be uniformly greater. Mr. Fusselman further explained that this would not change the rates of :those on a fix :ed income, but would be for groups of people who use the taxi, and for carrying household goods and laundry. MOVED by.McCluskey, SECONDED by Raymond that these changes in rates as requested by Mr. Fusselman be approved. Roll call vote. Those voting yes: McCloskey, Olesen, Williams, Raymond, Hopper, and Bauman. Those.voting no none. Absent and not voting: none. MOTION CARRIED (SEWER DAMAGE CLAIM) The Mayor presented , a claim for a sewer damage. He explained that a week ago the City had a sewer stop up just above Fifth Street near Galveston. A plumber was called and it was found that it was in the main sewer line - The Sewer Department worked Saturday and were helped by two people from the Street Department on Sunday. They found that a piece of tile had to be replaced in the main sewer system apparently because there had never been a proper sewer inspection when it was attached to the city main sewer line and the main sewer line pipe had been cracked by the connection. It was strictly the City's responsibility. There was a bill from the Valley Sewer Service in the amount of $92.50 and a bill from Capital Steam Way for $138.60 for carpet cleaning. MOVED by Williams, SECONDED by McCluskey that this claim be turned over to the Claims Committee for their decision. Roll call vote. Those voting yes: Williams, Raymond, Hopper, Bauman, McCluskey, and Olesen. Those voting no: none:° Absent and not voting: none. MOTION CARRIED (REQUEST FOR DETECTIVE MULLENS TO ATTEND SEMINAR) The Mayor stated that there was a written request from Chief Astleford recommending that Detective Mullens be' authorized to attend a training seminar at the City of Caldwell's expense. The cost would be approximately $160.00. This was the Annual Winter Training Seminar of the Northwest Check Investigator's Association Book 19 Page 47 to be held at Portland, Oregon, February 24th and 25th. MOVED by Raymond, SECONDED by Olesen that approval be given for Detective Mullens to attend the Annual Winter Training Seminar of the Northwest Check InvestigCtor`s,Association to be held in Portland, Oregon, on, 24th and 25th at a.cost of approximately $160.00._ Roll call vote. Those voting yes: Raymond, Hopper, Bauman, McCluskey, Olesen, and Williams, Those voting no; none. Absent and not voting: none. MOTION CARRIED (COMMENDATION RECOMMENDATION FROM THE COMMUNITY DEVELOPMENT COMMISSION) The Mayor read the following letter from the Caldwell Community Development Commission: We wish to recommend to you for your consideration for possible commendation the 2000,block on the North side of Cleveland Boulevard for the improvement of the overall appearance of the neighborhood. The Commission feels that it is particularly significant that a neighborhood has been able to upgrade, itself.,by the painting of houses and the pruning of shrubs on several properties. We wish to add, however, that there is a considerable amount of concern among Commission members about inadequate and dangerous parking,in this area. The home owners Leland Shell, Joe E. Fosters Joyce Snow, Phillip Byington, and Dick Van Slyke, MOVED by McCluskey, SECONDED by Raymond that this recommendation for commendation by the Community, Development Commission be Approved. Roll.call .vote. Those voting yes: McCluskey, Olesen, Williams, Raymond, Hopper, and Bauman. Those voting no none. Absent and not voting:.. none;: MOTION CARRIED (DISCUSSION REGARDING RATE IIC REA5E FOR HEALT I, ,INSURANCE,) The Mayor.explaine.d .that the A.I.C. had_ served notice to the City of Caldwell that the Washington National Insurance Company that carries the medical insurance for the city emp,loyees asking a .25.70 .rate _;Lu raise effective April lst, MOVED by McCluskey, SECONDED by Olesen that this-be turned over to the Finance Committee for investigation. Councilwoman Williams said that she had talked to John Engelhart at the Association and he said that Washington National had tried real hard to not make this raise before the first of October, but there seemed to be no way to delay it. She asked him for a meeting as soon as .possible; to, clarify ,a nun 1 ber of - things. Mr. Engelhart said he would get it all together and arrange a meeting with Mr. Decker. The Mayor stated that he felt it • cou d,.pot be legally done in the middle of a budget year. Roll call vote. Those voting yes: McCluskey, Olesen, Williams, Raymond, Hopper, and Bauman. Those,, voting rto,•,none. Absent and not voting: none. MOTION CARRIED Book. 19 Page 46 (BID AWARD FOR TWO FANS FOR THE FIELDHOUSE) The Mayor stated that bids were opened.and considered for two fans for the Fieldhouse by the Advisory Board of the'Stadium. There was two bids;,one from Air Comfort 'for $362.88 each without the wiring and the other from 'Heating 24uipiiient"''Company 'for` $750.00. The low b id ... .. w , a . s Heatin g Equipment : � . ui p:.. meat for $750.00 cort€ple'tely installed for two twenty -four inch exhaust fans. The Air Comfort did not include the wiring. MOVED by 'McClu.skey,' SECONDED by Wi111ams tha't' the low bid from Heating Equipment Company in the amount of_$750.00'i-_ompletely installed be accepted. C6un6i1w6mdh Williams' said' that there was a civ "ic minded' group that was considering refunding this money to the Stadium and she had advise if they did choose to do this they would get complete recognition. Roll call`vote'. Those' Voting yes: McCluskey; Olesen, Williams, Raymond, Hopper, and Bauman. Those voting no: none. Absent and not voting: none'. MOTION CARRIED (PUBLIC HEARING ON ZONING RECOMMENDATION FOR ANNEXATION OF SINES PROPERTY) The Mayor declared Meeting open for a ,Public,Hearing on a zoning 'recommenda'tion for annexation of the Sines property on Montana. The zoning recommendation was R -1 Residential. Since there was no comments, the Mayor declared the Public Hearing closed. (BILL NO..8.,- ORDINANCE NO. 1460 - ANNEXATION OF SINES PROPERTY) The Mayor then requested that the City Clerk read Bill No. 8 by title only as follows: AN ORDINANCE DETERMINING THAT CERTAIN LANDS ARE CONTIGUOUS AND ADJACENT TO THE CITY' OF CALDWELL', "STATr, Or' IDAHO, AND DECLARING SAID LANDS, BY PROPER LEGAL DESCRIPTION THEREOF, AS DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF, SHALL BE INCLUDED IN ZONE OF THE CITY OF CALDWELL, CANYON COUNTY,'IDAHO, AS'FOLLOWS: Exhibit ".A" - R -1. Residential Zone MOVED by Raymond, SECONDED by McCluskey to suspend the rules requiring the reading of -�a bill three separate days and that Bill No. 8 be read the second time by title and the third time in full, section by section. Roll call vote. Those voting yes: Raymond, Hopper, McCluskey, and Olesen. Those vot:i.ng no:' Bauman and Williams. Absent and not °voting r none.- MOTION CARRIED The Mayor directed the Clerk to read the Bill the „second time by "title and the third time in full. MOVED by Raymond, SECONDED by McCluskey that Bill No. 8 be passed and entitled Ordinance No. 1460. Roll call vote. Those voting yes: Raymond, Hopper, Bauman, McCluskey, .Olesen, -and "Williams. Those voting no: none. Absent , and not voting:. none MOTION CARRIED Book 19 Page49 (RESOLUTION NO. 11 -78 - LEASE WITH CHARLES NICKEL) This farm lease with Charles Nickel was for property at the Cemetery that Mr. Nickel has farmed for years. The lease needed to be renewed and a Resolution was prepared to authorize the Mayor and City Clerk to execute the lease. The Resolution was as follows: RESOLUTION AUTHORIZING MAYOR AND CITY CLERK TO EXECUTE A FARM LEASE AGREEMENT BETWEEN THE- CITY CALDWELL AND CHARLES A. NICKEL Some discussion followed as to whether this was the proper time of year to renew a farm lease. Councilman Hopper felt that the fall was the time for the renewal of leases. The, Mayor requested Councilman Hopper take this lease under his direction sometime in the fall. MOVED by Olesen, SECONDED by Williams that Resolution No. 11 -78 be passed - authorizing the execution of the farm lease with Charles Nickel. Those voting yes: Olesen, Williams, Hopper, and,Sauman. Those voting no: Raymond. Abstain: McCluskey. Absent and not voting: none. MOTION CARRIED (VARIANCE REQUEST OF FRANK TIMMONS) The City Engineer explained that Mr. Timmons wanted two building permits on property too small to plat at Alder and South Ohio. He pointed this area out on a map "'f ©r the City Council members to study. It was the recommendation.of the Planning and Zoning Commission that a variance be granted..from the. Subdivision Ordinance that he be allowed to get these two building permits without platting. MOVED by MCC.luskey, SECONDED by Olesen to approve this request of Frank Timmons for two building permits as recommended by the Planning and Zoning Commission. Councilman Bauman inquired as to whether the requirements of the Subdivision Ordinance were met otherwise. Mr. Lewis stated that there was street, curb and gutter but no sidewalk. Councilwoman Bauman MOVED that the motion be amended to include those requirements of the Subdivision Ordinance other than the variance allows. This motion died due to the lack of ,a second. Roll call vote for the motion as made by Councilman McCluskey. Those voting yes: McCluskey, Olesen, Williams, Raymond, and Hopper. Those voting no: Bauman. Absent and . no.t voting: none. MOTION CARRIED (PRELIMINARY PLAT OF SPRING MEADOW) The written report from the City Engineer was as follows: The dimensional requirements for the streets and the blocks have been met. The east end of Spruce Street will depend upon getting right -of -way from the school for the section adjacent to the plat. The relationship to the Wampler property would anticipate the extension of Cottonwood and Spruce Streets to Montana Avenue. Boot{ 19 ­ Page 50 The Lowline Canal'will not be tiled except for the crossing under Cottonwood Street. The preliminary plat must define easements along the rear and the abutting street frontages for utilities. The property has requested annexation. IfRproVements Sewer. An easement will be'required (or street right -of -way) for sewer extension -from the existing easement along the Dixie Drain to the subdivision boundary, The subdivision approval is with sewers to serve all of the development. The developer shall provide the design, field engineering, inspection, approvals and certifications as required.._ Street. A right -of -way (either drainage easement or street right -of -way) must.be obtained from the Dixie Drain to the southeast corner of the subdivision for drainage purposes. The east end of Cottonwood Street is to'draia into a "temporary drainline " which must be installed as shown as an improvement requirement of the subdivision. All engineering for the drain is to be provided by the developer Streets are to be improved with: Concrete curb and gutter, sidewalks, roadway base and surfacing. South Tenth and.the east end of Spruce Street adjacent to the school property shall.conform to the "border street policy" of .the City. The pedestrian- bicycle path shall be maintained along South Tenth. venue with a width that now exists. The developer shall provide all street design, field engineering and inspection and als.o certifications as required. City water: All property within the subdivision is subject to the water main extension policy of the City. 1. Irrigation: The approval of the preliminary plat is subject to an irrigation plan that is acceptable to Pioneer Irrigation District.. Underground utilities: Power and telephone must.,be,underground including .the underground. facilities `to street lights. MOVED by McCloskey, SECONDED by Raymond that the preliminary plat for Spring Meadow be. accepted .subject, to. all conditions as stated by the City Engineer. Roll call vote. Those voting yes: McCloskey, Ole'sen, Williams, Raymond, Hopper, and Bauman. Those voting no: none. Absent and not doting: none. MOTION CARRIED (PRELIMINARY PLAT OF BENITO JUAREZ SUBDIVISION):: .The written report. from the ,City ,.Engineer regarding the preliminary plat.of.Benito,Juarez Subdivision,.was presented as follows: The title of the plat should include a reference to "a part of Block 76 and Block 77 of Golden Gate Addition. The plat -meets the dimensional requirements:for the streets and lots. The cul -de -sac requires approval with a variance for its length, which is more than 400 feet. Book 19 Page 51 A 5-foot easement will be required on all street frontages. The sewer and utility easement: has been provided. An irrigation plan has not been presented; however, since the irrigation water enters the subdivision at its east corner, easements along the southeasterly boundary for irrigation lines will be needed. A sewer easement exists along the centerline of 2nd Avenue extended and is 30 feet in width. Subject to verification that the existing, sewer and drainline is on the easterly 16 feet of the existing easement, I would recommend the westerly 14 feet of the easement be vacated such that better use can be made of the lots involved. The remaining 16 feet, even though it now exists, should be shown on the plat. Improvement Reguirments The 'streets..are to be designed;by the developer who will be required to perform all field engineering and inspection. Concrete curb, gutter, sidewalk and paved streets shall be provided. The border street policy shall apply. Specifically, this applies to Omaha Street, First Avenue and Nogales Street. The sewer system will be provided through payment of the sewer extension fees by the developer. The City will design, provide the field engineering, inspection and certifications for the sewer extension.._ The irrigation system shall be provided that is approved by Golden Gate Irrigation District. The electric power shall be underground. The underground facilities shall include provision for - future street lights. A plan for the street light locations shall be made in cooperation with the City and the Power Company prior to installation of.the underground cable. The telephone facilities shall-be underground. City water: all property within the subdivision is subject to the water main extension policy of the City. Mr. Lewis pointed out that the Planning and Zoning Commission had recommended the acceptance.:of:_this preliminary plat with the exception of the cul -de -sac due to the fact,that the length was more than 400 feet. The..City. would have to shorten the cul -de -sac or allow it to be extended. __. MOVED by Raymond, SECONDED by McCluskey that.the.Preliminary Plat of the Benito Juarez Subdivision be accepted with full length cul -de -sac. Roll call vote. Those voting yes :, Raymond, Hopper, Bauman, McCluskey, Olesen, and Williams. Those voting no: none. Absent and not voting: none. MOTION CARRIED (PUBLIC HEARINGS SET FOR MARCH 21st) The Mayor set the following public hearings for the March 21st Regular City Council Meeting: Book 19 Page 52 1...Vacation.of sewer..easement in Blocks 76, 7.7 of Golden Gate Addition. 2. Vacation of part of an easement Lot 1, Block I new Country Meadows. ;3..., Zoning.;approval and annexation ,of. property on South Tenth. 4. Rezoning from R -3 to C -3 the Trumbull property near the Freeway. (REQUEST FROM MR. HIBBARD FOR A BUILDING PERMIT) Mr. Hibbard was recognized and asked if he could have permission to get.,a building permit ahead of.time. This was regarding the new Country. Meadows.hearing. 'Mr. Lewis, City Engineer, stated that-he felt this'was a reasonable request and explained to the City Council on the map what it involved. MOVED by McCluskey, SECONDED by Raymond that Mr. Hibbard be allowed to be given a building permit ahead of the,Public Hearing on the vacation of part of an easement on Lot 1, Block I of New Country Meadows as recommended.by the City Engineer. Roll call Those voting yes: McCluskey, Olesen, Williams, Raymond,:Hopper, Bauman. Those voting no:.:none. Absent and not voting' : 'none: MOTION CARRIED (BID ON ELECTRONIC MEASURING EQUIPMENT ENGINEERING DEPARTMENT) The'Finance Director read his written memo regarding this bid opening as follows Bids were opened at 2:00 p.m. February 9, 1978 for the purchase of electronic measuring equipment for the Engineerinz Department. The results of the bids were as follows: Idaho Blueprint and Supply Co. $ 5,900.00 McHenry Systems,.Inc. , 5,085.00 Bids were reviewed by Dave Baker, Project Engineer of the Engineering Department, and it was found the bid of Idaho Blueprint and Supply Co. did not meet specifications and the bid of McHenry Systems, Inc. did meet specifications in their ­Entirety, as well As being low bidder._ The Finance Director recommends that the Mayor and Council accept the bid of McHenry Systems, Inc. in the amount of $5,085.00. MOVED by Raymond, SECONDED by- Hopper that the bid -of McHenry Systems, -Inc., in the amount of $5,085.00 for the electronic measuring equipment bed accepted. Roll call vote. Those voting yes: Raymond, Hopper, Bauman, McCluskey, Olesen, andWilliams:' Those voting no none. Absent and not voting: none MOTION CARRIED (AGREEMENT TRANSPORTATION DEPARTMENT) The Mayor stated that there has been a.request made as a part of the continuing transportation study between the Cities of Nampa and Caldwell and the Highway Department. The City Engineer in his memo explained as follows: The State asked the cities of Nampa and Caldwell to cooperate in the cost of establishing 11 new.traffic recording stations Book 19 Page 53 along the Union Pacific Railroad tracks. The stations are to b °e used 'as part of the calibration of a county -wide computer model. The computer is to produce information for use in a continuing land use study. Five of the stations are within the City of Caldwell and six are in Nampa.. The cost for the 11 stations is estimate at about $33,000. The Federal government is to pay approximately 83% of the cost ($27,390) and the State is to pay approximately half of the balance (33,000 - 27,390 = $5,610 + 2 = $2,805). The cities of Nampa and Caldwell were asked to pay for the remainder ($2,805). I assume that Caldwell's share would be 5/11 x $2,805, or approximately $1 ?275. Stations will be located at Ustick, Linden, 21st, 10th, Kimball and 5th near the railroad tracks. Subsequent information' from the Highway Department reveals Nampa has agreed on a cost not exceeding $2,000. The Highway Department is sending a copy of Nampa's agreement. MOVED by Olesen, SECONDED by Williams that this'be referred to the Mayor, the 'City Engineer, and Councilman: McCluskey to discuss with Nampa and the decision on this agreement be postponed until they report back to the City Council. Roll call vote. Those voting yes: Olesen; Williams, Raymond, Kopper, Bauman, and McCloskey. Those voting no.' none'. Absent and not voting: none. MOTION CARRIED (FINANCIAL REPORT) Councilwoman Williams reported that: there were warrants in the amount of $346,116.53 and a payroll. of $138,009.54. MOVED by Williams, SECONDED by Bauman that the Requests for Payment warrants and the payroll warrants be issued "and'the claims filed in the City C1erk's.Office. Roll call vote. Those voting yes: Williams, Raymond,. Hopper, Bauman, McCluskey, Olesen. Those - voting no: none. Absent and not voting: none. MOTION CARRIED (COMMITTEE REPORTS) Planning and Zoning Commission - Councilman McCluskey stated that everything of importance had been covered within the City Council Agenda. Golf Board - Councilman Olesen reported that they were coming along very well with their billing practices. Library Board - Councilman Hopper reported that they found they were $2,100 short of what they budgeted. He had failed to report this at the last meeting. Housing Authority - Councilman Raymond reported no activity. Recreation Board - Councilman Hopper reported that the School Board met the night before and welcomed the City of Caldwel f interest. The School Board also had a Resolution which would be forthcoming. .Duux" Lv...:. .rage Du+ Airport Commission - Councilman McCluskey reported that there was no meeting, due. to. the .members being out of Friends of the Library - Councilwoman Williams stated that they had only one meeting a year so there was nothing to report. Senior Citizens Councilman McCluskey reported that he had missed the meeting so -there was no report. The Mayor then asked if any of the Council members had anything more to bring befoze the City Council - Councilman Raymond reported that the Union Pacific had pant some hot mix at the Fifth Street crossing. Councilman H,op.per reported that, he was looking ii.ito the possibility of someone farming the weed patch at the Airport. He stated that he,,,would have. something goncret,e,.,at . the next City Council Meet Councilwoman Bauman said that the Community Development Commission was,xeque,sting that the rocks and gravel bike path on North.- Illinais be. swept off for spring.and they also were wondering if -:thee bike -path iines Tenth Street,,c;ould be painted again. There being, no,. , further, business,, the, .Meeting was adjourned at 9:35 APPROVED AS written THIS 7th _ DAY OF March 1978. �;l� ATTEST• City Clerk' .,