HomeMy WebLinkAbout1992-04-06city council minutesBook 33
REGULAR MEETING
April 6, 1992
7:30 p.m.
Page 74
The Meeting was called to order by Mayor Dakan.
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: Nancolas, Murdoch, Carpenter, Houchins, and
Ozuna. Absent: Raymond.
(DELETIONS AND ADDITIONS)
The Mayor requested that the City Council acknowledge the
deletion of Item No. 1 under Old Business and Item No. 7
under New Business.
MOVED by Nancolas, SECONDED by Houchins to accept the
deletions from the prepared Agenda as requested by the Mayor.
Roll call vote. Those voting yes: Nancolas, Murdoch,
Carpenter, Houchins, and Ozuna. Those voting no: none.
Absent and not voting: Raymond.
MOTION CARRIED
Consent Calendar
Mayor Dakan presented the following items under the Consent
Calendar for consideration by the Council Members:
1. Dispense with the reading of the minutes of the
Regular City Council Meeting of March 16, 1992, and approve
as written;
2. Accept the minutes of the Caldwell Golf Board
Meeting of March 11, 1992; the Airport Commission Meeting of
March 12, 1992; and the Caldwell Senior Citizen's Center
Commission Meeting of March 16, 1992;
3. Acknowledge the correction of the legal description
in Ordinance No. 1924 regarding Airport property annexation;
4. Approve the renewal of a three year lease with
Darwin McKay dba TURFCO for ground at the Caldwell Airport
which he uses to raise turf. The lease has provisions to
allow reduction in leased acreage when needed for Airport
development and is the same as the previous three year lease
except for changes in acreages and lease rates which are a
result of Airport development and anticipated development in
the near future;
5. Pass the following Resolution authorizing the
execution of a standard hangar ground lease with Wade
Woodson:
RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE AN AIRPORT HANGAR GROUND LEASE AGREEMENT BETWEEN
THE CITY OF CALDWELL AND WADE WOODSON.
BE IT RESOLVED That the Mayor and City Clerk of
the City of Caldwell, be and the same hereby are,
authorized to execute that certain Airport Hangar Ground
Lease Agreement attached hereto and made a part hereof
as if set forth in full by and between the City of
Caldwell and Wade Woodson.
6. Pass the following Resolution authorizing the
amendment to the City Chemical Substance Policy stating that
the employee shall notify the employer, in writing, of any
criminal drug statute conviction for a violation occurring in
the work place no later than five (5) calendar days after
such conviction:
RESOLUTION AUTHORIZING THE MAYOR AND CITY COUNCIL TO
AMEND THE CHEMICAL SUBSTANCE POLICY.
BE IT RESOLVED That the Mayor and City Council of
the City of Caldwell, be and the same hereby are,
authorized to execute that certain amendment attached
hereto and made a part hereof as if set forth in full by
BookJ3
Page 7
the City of Caldwell for the purpose of amending the
Chemical Substance Policy to be in conformance with
Feferal requirements.
MOVED by Nancolas, SECONDED by tic to accept the Consent
Calandar as - by the Mayor.
Roll call vote. Those voting yes: Nancolas, Murdoch,
Carpenter, Houchins, and Ozun�,. Thc, voting no: none.
Abs^nt and. not voting: Raymond.
MOTION CARRIED
NEW BUSINESS
(BILL NO, 8 - AU7HORIZATION TO ADOPT lX7RASTRUCTURE IMPROVEMENT
POLICIES)
Mrs. Otte:ns, Administrative/Personnel Officer, eyplained that
these policies have been discussed at work sessions and at
City Council Meetings. Basically, it involves about fonr
policies including a street policy concerning the
construction standards of strsets outside of subdivisions,
alley opening policy, sidewalk construction policy and a
street lighting policy. The City Attorneys opinion was that
in crder to proceed with adopting the policies that an
enabling ordinance be passed. Bill No. 8 - was that
enabling ordinance. The recommendation from Staff was to
have J.As first reading of Bi- No. 3 tonight and then
pos' th.^ adoption of the policies after the third rea.6"ing
of the Bill.
Bill No- 9 was establishing th, street lighting fees. Once
again, the Resolution to set street lighting fees for
residential and commercial properties and the direction to
the Planning and Zoning regarding street lighting in
subdivisions should be delayed until after the passage of
Bill No, 9.
The !%yor read Bi!- No. 8 _'._ :! full as follows'
AN ORDINANCE OF THE CITY OF CALDWELL, 1DAH0, PROVIDING
AUTHORITY FOR AN TNFRASTRUCTURE IMPROVEMENT POLICY
INCLUDING A STREET CONS TRIJC",." !ON IMPROVEMENT POLICY, A
POLICY FOR OPENING ALLEYS AN) 2' STREET 1,IGHTIN77 POLIC'
NOW, THEREFORE, ME IT ORDAINED BY THE MAYOR AXT
COGNCIL C.,_:` THE Cl:__.Y OF CAT_�DWELL, !CAHO:
Section 1. That tn< City Council may sot or
amend, by resolution, policies - ,.hat will govern
development standards in the area of streets, al leys , nd
s lighting or other areas t may be appro)riate.
Section 2. '.hat these policies will be entitled
The infrastructure Improvement ;'Policy to include a
Street Improvement Policy, Policy for Opening Allalm,
and Street Liglh ing Policy.
Section 3. All ordinances, resolutions, orders c.
pa, thereof in cdnflict herewith are hereby repealed,
rescinded and annul—e.d.
Section 4. This ordinance shall be in full force
and efZsct frcra and after its passage.
The Maycr declo7ed that this wc stand as the first reading
of Bill 8.
Mrs, Ottens recommended '::,hat •:h. City Council move to
postpn2s consideration of the Resolution authorizing the
Mayor and City Council to set a Policy concerning
infrastructure iw-,_ and s lighting.
MOVED by Nannolas, SECONDED by Murdoch that consideration o
the Resolution authorizing the Mayor and City Council to set
a Polian concerning infrastructure improvements and street
lighting oc postponed until after Bill 11 8 is passed.
Book 33
Page 76
Roll call vote. Those voting yes: Nancolas, Murdoch,
Carpenter, Houchins, and Ozuna. Those voting no: none.
Absent and not voting: Raymond.
MOTION CARRIED
(BILL NO. 9 - ESTABLISH STREET LIGHTING)
Mayor Dakan read Bill No. 9 by title only as follows:
AN ORDINANCE RELATING TO PUBLIC LIGHTING WITHIN THE CITY
OF CALDWELL; EXPRESSING THE LEGISLATIVE INTENT AND THE
FINDINGS OF THE CITY COUNCIL IN RELATION THERETO;
PROVIDING THAT THE COSTS OF PUBLIC LIGHTING SHALL BE
FINANCED BY CHARGES TO OWNERS AND OCCUPANTS OF IMPROVED
REAL PROPERTY AND INCLUDED IN THE GENERAL UTILITY
BILLING AS A SEPARATE ITEM; PROVIDING THAT THE RATES
CHARGED OWNERS AND OCCUPANTS OF IMPROVED REAL PROPERTY
SHALL BE DETERMINED BY RESOLUTION; PROVIDING
DEFINITIONS; PROVIDING FOR THE COMPUTATION, BILLING,
PAYMENT OF PUBLIC LIGHTING SERVICE CHARGES AND MAKING
SUCH CHARGES A LIEN UPON REAL PROPERTY; PROVIDING FOR
APPEAL OF BILLINGS; PROVIDING FOR SEVERABILITY;
REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN
CONFLICT HEREWITH; PROVIDING THAT THIS ORDINANCE SHALL
BE EFFECTIVE ON THE FIRST DAY OF JANUARY, 1992.
The Mayor declared this to be the first reading of Bill No.
9 and asked Council to make a motion delaying consideration
of the Resolution setting street lighting fees for
residential and commercial properties.
MOVED by Nancolas, SECONDED by Houchins that the Resolution
to set street lighting fees for residential and commercial
properties be delayed until the passage of Bill No. 9.
Roll call vote. Those voting yes: Nancolas, Murdoch,
Carpenter, Houchins, and Ozuna. Those voting no: none.
Absent and not voting: Raymond.
MOTION CARRIED
(DIRECTION TO PLANNING AND ZONING REGARDING STREET LIGHTING IN
SUBDIVISIONS)
Mrs. Ottens informed Council that this might be an item to
postpone until after the approval of Bill No. 9 as it was
directly tied to the street lighting policy. However, it
would also be appropriate to refer this particular item to
the Planning and Zoning Commission for their consideration.
They could then prepare a draft ordinance and bring back to
the City Council.
MOVED by Nancolas, SECONDED by Carpenter to refer this item
on to the Planning and Zoning Commission for their purusal
and direct them to prepare a draft ordinance to coincide with
the policies.
Roll call vote. Those voting yes: Nancolas, Murdoch,
Carpenter, Houchins, and Ozuna. Those voting no: none.
Absent and not voting: Raymond.
MOTION CARRIED
(REQUEST FOR FUNDS FROM THE RODEO BOARD)
The Mayor stated that the Rodeo Board met with the Council
last week to discuss their plans for increased bleacher
seating and lighting. He noted that Gene Betts was present
in the audience and would be happy to answer any questions.
Councilman Houchins asked if Mr. Betts or another
representative from the Rodeo Board could meet with the City
Council at Noon next Monday, April 13, for an informal work
Book 33 Page " %,
sessic -1 to discuss this: issue further, Several members of
the Council were not presen�:. when this was discussed
previously.
Mr. BS--ts stated thaA this would be fine_ Mayor Dakan
announc d that 1here would be a =cork session nest Mond<<y Noon
and the c T_scussion on the. requeocc�d rodeo funds would be one
of ", items. Councilman Murdoc' -: stated that he felt the
Coun ,::. - :l wo be prepared °uo make a decision after the work
sessio.
(APP OI_NTMENT OF CH..UCK WAE AND BR]3NT SI :!MONS 0 PARKS AND
RECREAT ON ADVISORY B0A7D )
The Ma yor presented tr:.e names of Chuck Ward and Bren Simmons
for appowntment to the = `airks anc+. Recreation Board.
MO',7. °D by Carpenter, SECONDED ;_�_� Ozun,. to a prove
appo_-7. of Chuck Ward an,^ Brea';_ Simmons to the Parks and
Recree' Boa:cd.
Rc:-1 call vote. Those 7,,-oting yes: Carpenter, Houchins,
Ozu:a, Nancolas, and Mu. -dock. Whose noting o: none,
Abse -t and voting: Raymond.
MOTION CARRIED
(BILL NO,. 10 - .- "NNEXATION OF PROPERTY NORTH OP JEFFERSON, SOUTH
OF WILLO ""BR00K ESTATE AND WES 'I' OF DIXIE DRAIN - WAM.PLER AND
MACDOWELL,
Mayor Dakan explained that it was :,necessary to redo this "Di 11
due 't.o an error in the legal description of Ordinance No.
1932 ,� assed in January, of this year. The e_ _ -or was noted by
the Sta :e Tax _ommissicn and referred back to the Ci.t The
recomme .elation from .he Staff was "Co wai v . the rules
rec�..xirinr -hat a '3 11 be read at - hree differe_Zt times and
that Dill Nc^ 10 'ne passed after the one ,- eading by title
only
B_11 No. '_O was ^ad by -. -"_tle as follows:
ANT DE7''ER1 °i..;.NING THAT CERTAIN LAND LIES
CONTIGUQvS OR ADJACENT TO THE CITY LIMITS OF TITS CITY OF
C2_i.DWELL, COUNTY OI' CANYON STATE OF IDAHO AND THAT THE
0WNEPS OF SAID LAND HAVE CONSENTED AND AGREED THAT SAID
LAND c;E ANNEX, TO Ta=E CITY 07 CALDWELL, IDAHO, AS PART
F THE 7-1 SING! _,E ]FAMILI' RESIDENTIAL GONE; AND DBCLAR l: vC
.1ID LAND BY PROP ::,TIC LEGA_ DESCRIPTION AS DESCRIE , BELOW
TG E A Pi %RT OF T__ CITY OF CALDWELL, CANYON COUNTY,
IDAHO), REPEA ING ALL ORDINANCES, RESOLUTIONS, ORDE:S OR
PARTS T'HERE0. IN CON "'''L.ICT HT- PEWITH, AND DIRECTING THE
CITY ENGINEER TO ADD SAID PROPERTY TO THE OFFTC CAL MATS
0-' THE CT-' OF CALDWELL, .T.DAHO.
MOVED by Murdocs?. SECONDED by Ozuna to waives the r;;.les
req. that a Sill be read a� three separate times and
that Will No- 10 be read by itie cnE.y for the one reading.
Roll c< :e_1 voce, Then voting yes Murdoc'�, Carpenter,
Ho Ozuna, and Nancolas. Those- voting no: none.
Absn..nt and not voting: Raymond.
MOTION CARRIED
MC7ED by i'�urdoch., SECONDED by 'IC�_zchins --hat Bill No. 10 be
passed and sntitled Ordinance No. 1946.
Rol c al1 vo Those vot'_rag yes: Murdoch, Carpenter,
Houchins- Ozuna_ and \_: ncola.s. Those votin.cx no: none.
Absent ar..e, not vo'_ing: ;!:Zaymond.
MOTION CARRIED
Book 33 Page 78
(FINAL PLAT OF JEFFERSON PARK SUBDIVISION)
The Mayor asked the Planning and Zoning Director, Jim
Blizzard, to present some background material on this item.
Mr. Blizzard reported that this request was submitted by
Bill MacDowell, who is represented by his Agent, Chuck Karn.
Mr_ Karn was attending the meeting at this time. The request
was for a final plat approval by the City Council for the
first phase of a 23 acre, 80 lot residential subdivision
which is located immediately west of the High School along
the Dixie Drain. The first phase would be approval of 14
lots and would involve an extension of Chapparo Street and
lots over towards the Dixie Drain.
Preliminary approval was given by the Planning and Zoning
Commission for the entire subdivision earlier this year.
Staff's recommendation was to approve the final plat with
five conditions. However, Mr. Blizzard stated that he would
ask for modification to two of the conditions which were
listed in the Staff Report. Under Number 4, he would suggest
adding the following statement after City Engineer:
or the City Engineer will execute an agreement with the
subdividers allowing the plat to be recorded, but
restricting the issuance of any building permits within
the development until such time as an agreement of
performance and financial security to assure the
completion of required improvements have been approved
by the City Engineer.
The other change he would suggest was in Number 5. His
recommendation was to delete part of the third and fourth
sentence and then adding: crossing of the Dixie Drain,
connecting to the subdivision at Lot 9, built to design and
construction standards approved by the City Engineer within
90 days of the final plat approval of Phase III.
Mr. Blizzard stated that he would recommend approval of the
Final Plat of Jefferson Park Subdivision Phase I subject to
the conditions as corrected and listed below:
1. Street improvements shall comply with the Subdivision
Ordinance and shall include rolled curbs and sidewalks
to match existing design in Chaparro Street and
Cottonwood Street with final design subject to the
approval of the Engineering Department.
2. The applicant shall provide utility service and utility
easements to the individual lots subject to approval of
affected utilities and the City of Caldwell.
3. Prior to recording the final plat, the plat shall be
revised to designate Lot 9 as a pedestrian easement and
open space dedicated to the City of Caldwell.
4. Prior to certification of the plat by the City Clerk,
the subdivider shall execute an agreement of performance
to assure the completion of required improvements and a
performance bond, cash, letter of credit or other form
of City approved financial instrument, the amount of
which will allow for completion of all required
improvements as approved by the City Engineer or the
City Engineer will execute an agreement with the
subdividers allowing the plat to be recorded, but
restricting the issuance of any building permits within
the development until such time as an agreement of
performance and financial security to assure the
completion of required improvements have been approved
by the City Engineer.
5. The subdivider shall obtain all necessary permits from
appropriate entities and construct a crossing of the
Dixie Drain, connecting to the subdivision at Lot 9,
Book 33
Page 79
built to design and construction standards approved by
the City Engineer within 90 days of the final plat
s-, provs of Phase III. This crossing way be dedicated
for maintenance by the City upon approval by the City
Engineer.
MOVED by Ozuna, seconded 5y Nancoias to approve the Final,
Plat of Jefferson Park Subdivision Phase 1 subject to the
five conditions as presented by the Planning and Zoning
Director.
Roll call vote. Those voting, yes. Czuna, Nancolas, Murdocla,
CarpeT. and Fouchin��, Those voting no: no ne . Ykbsent and
not Raymond.
MOTION CARRIED
(APPROVAL OF PRELIMINARY/PTNAL PLlT OF HAFEN HILLS SUBDIVISION)
Mr. Blizzard, the Plann ng and Zoning Director, explained
that this was actually a subdi under the County's
juris fiction. It was located within the City Impact Area in
Canyon County south of Nest Lcgan Street between Farrii Road
and Do_ en Avenue. -' was a large lot, low density
subdivision of ten lots. The subdivision was submitted to
the City last fall for review a a Staff level and the
plat has signature spaces on it for both the Planning and
Zoning Commission Chairman as we!- as tn�- Mayor- The
Commission did approve -- ,.-ne plat Jn. March.
MOVED by Houchins, SEECONDE, by Ozu,,:a that -t7he plat for Hafsn
Hills Subidivision be approved and the Mayor authorized to
sign the plat subject to the owner submitting public
iriiprovo�r:cnt plans to the City of Caldwell fcT review and
apyroval prior to recording the :"final plat for Hafen Hills
Subd,.,'. -, , - - - th the Canyon County Clerk.
Roll call vote. Those voting yes: Houchins, Ozuna,
Nancolas. Murdoch, and Carpenter. Those voting no: none.
Absent ancf, not vcting: Ra
(FINANCIAL ,EPORT)
MOTION CARR!.
Councilman Murdoch reported that there was accounts payable
in t amount of $200,080.63. and a payroll of $153,630.94 for
the weeKs ended Ma-rch 31, 1992.
It was MOVED by MurJoch, SECONDED by Carpenter that the
accounts payable in the atount cf $208,080.61 represented by
checRs number 24277 through 24552 and a payroll for the
amount of $153,680.94 represented by checks number 37548
through 37733 be accepted, the bills paid, ano, the vouchers
filed in the Ofiice of t.1:1a City Clerk.
Rol- call vote. Those voting yes: Murdoch, Carpenter,
Houchins, Ozuna, and Nancolas. Those voting no: none.
Absent not JOting: Raymond-
MOTION CARRIED
(AUDIENCE ?ARTICIPaTION)
At the request of the Mayor, Bil I Morro the Cit Attorney
made a brief report on the status of the case involving TI
Ritz,
Mr. Johal. 7egge was welcomed Imch to Caldwell and requested an
opyortunity to speak to the City Council. Mr. Tegge informed
them that na lived at 6110 South 3rd Avenue, He tHanked all
invc- in installing three fire hydrants along Shaver
Street in the industrial area- Further, he asked the City
Engineer for a report on the status of the paving scheduled
of Fillmors between Third and Foc-rth Streets. Mr. Cory did
Book 33
Page 80
present the time table for this project and assured Mr. Tegge
that it was progressing.
Mr. Tegge also commented on the dirt on the City sidewalk by
property owned by Art Solis, and mentioned several areas of
town that were being infested with weeds.
(COMMITTEE REPORTS)
Councilman Ozuna reported that the minature golf course
located at the park was torn down and the Board talked about
putting in a new one.
(MAYOR'S COMMENTS)
Mayor Dakan gave a brief report on the recent fundraiser held
at Albertson College.
(ADJOURNMENT)
MOVED by Nancolas, SECONDED by Houchins that since there was
no further business, the Meeting be adjourned at 8:15 p.m.
Roll call vote. Those voting yes: Nancolas, Murdoch,
Carpenter, Houchins, and Ozuna. Those voting no: none.
Absent and not voting: Raymond.
MOTION CARRIED
APPROVED AS written THIS 20th DAY OF April , 1992.
ATTEST:
-D
City Cl et-k,