HomeMy WebLinkAbout1990-05-21city council minutesBook K.. Page 79
DEGti� AT MEETING
May 21, 1990
7 130
The Meeting Yas ca 1: to . b : Dakan.
The Mayor requested that everyone stand for the Pledge of
A---legian_a to Flag.
Tha Roll o0 the City Council was called "ith the follwAmg
met'' ::._,7, present: Raymn" -,',� rcolas, Murdoch.. Jarb-c-,.,
and Absen none,
7C 7 ' -- P?E
Mayor Dakan asked if there wns any changes to the Agenda a"
this time. As there was none, the Mayor declared that the
mseting outli7:a_'I.
The May= as, P if ,.__,re was 2nyone from the audience who
cared tc oddres,s; '- Count :' .l at time.
jobn 7egge, 510 Sovtn 3rd &Vmeo was, reccg.. by the I'llaycar
and s hated !, he to nzke the City Council aware of a
situaticn in thn industrial ai2a of to n. Mr. Tegge pointed
o�t ths orea on a maw for ton benef"A of the CO=Cil
explaining that the trucks from industries ars - up
the streets and also causing a great deal of dust. He felt
that something needed to be u to i situ
The May= assure& Mra lagge thFt the City would taka his
cc _.ern advi.�,,cment,
CamiLn Lopez, 1721 Rocsevelt, was racognized and disauc=ed
briefly is concerns rngording t,e crimq in Ca!Mll.
Ed parry, 7 23 Belmont, also spoke about the crime rate with
particular Piphasis on his neighborhood. The Mayor assurg(3
them n nt the City of Caldwel.. was af`-ar the _;eople To'.
the la ;=, and w=13 be Ailing tc the
(CONSEIT
The Mr7or presented rho following items to the City Councii
for theii approvni
and. acoepta
Disq. -nse the ding
of the m =tes of
the Regniar CiUy
Council Meeting of
May 7,
1993, and agnrove
them as v7itten;
7 \ccepc- the
of the
Airport Commission
Monting hold on
the 3rd `,a-y of -;�y,
1990;
Caterw _c Per, i' for w.. r Sunda nar to c--)ter ai. Trolisy ,
Square
on the 22nd of May
fcz the Democratic Reception cod
the
Voteran's Tanquet
on the 26th of
May apt Ange' K's Ba
and
Grill for t>n Air-A-Fair
c.- the
of 1990
MOVED Raym nj SECMTED Ny to ac pt the
Calenda.: , pr :i ted b the
Rol-- call -ote. Those noting yes: Vvymonf, Vag dcz,
Nano oas, Muntach, Jerbae, and Hcucsins. Those vcting nog�
none. Absent cod not ucting: none.
-TON C.,77IED
AWARDS TC TINNEa ' CEN. PA7ADE
Duran Marcus wew recognized and axplainod that the Caldwell
Centennial Commit tys decidRd to give awar4s to the Caldwell
enwiss in the Centennial Parade. The following received
awar6s at th±7 time First Baptist Chuivin the 7ontes,
C&alio! Wood Signs, Amanda CT,enway, Shannahan Podiatry
Clinic, 7nshington and Li- Sci�ools, Waldwela High School,
Caldwell Y.M.X. Club, the City at Caldnell, 2" R. Simplot
Book 31 Page 89
Co., and James R. Dakan, Mayor.
It was MOVED by Jarboe, SECONDED by Nancolas to proceed with the
items under New Business at this time and move the two items on
Old Business to be addressed after Item 7 under New Business.
Roll call vote. Those voting yes: Jarboe, Houchins, Raymond,
Valdez, Nancolas, and Murdoch. Those voting no: none. Absent
and not voting: none.
MOTION CARRIED
NEW BUSINESS
(PUBLIC HEARING ON STREET VACATIONS AND ALLEY VACATIONS AT THE
COLLEGE OF IDAHO - BILL NO. 22)
The Mayor called on the Planning and Zoning Director to give
some of the background and other material with regard to this
item.
Mr. Crooks explained this item by referring to a memo
submitted to the City Council Members which was as follows:
The request included: Vacation of the following streets and
alleys - 1. Vacation of the full right of way of Ash Street
between Indiana Avenue and Wisconsin Avenue; 2. Vacation of
the full right of way of Ohio Avenue between Oak Street and
the intervening alley of Block 4, Plat of the College Heights
Addition; 3. Vacation of the full right of way of Michigan
Avenue between Oak Street and Hazel Street and including the
diagonal connection to Cleveland Boulevard; 4. Vacation of
intervening alleys of Block 4, Block 6, Block 7 and Block 8,
Plat of the College Heights Addition. The applicant was the
College of Idaho.
GENERAL LOCATION: Property bordered by Cleveland Boulevard
on the northeast, Oak Street on the south, Wisconsin Avenue
on the west and Indiana Avenue on the east.
BACKGROUND: A request has been filed for the vacation of the
above identified streets and alleys. The purpose of the
vacation is to accommodate expansion of the College of Idaho
for the installation of off - street parking facilities, an
athletic complex, a school of business and international
studies and related campus improvements. At their meeting of
May 10, 1990, the Planning and Zoning Commission considered
and approved a Special Use Permit filed by the College of
Idaho for parking facilities located on property bordered by
Ash Street on the north, Oak Street on the south, Wisconsin
Avenue on the west and Indiana Avenue on the east. This
approval was recognized as conceptual in view of the fact
that the final design of the parking facility will change as
a result of street vacations, change in utility easements or
the re- routing of utilities, access, circulation as well as
other design issues.
EVALUATION: The many community benefits associated with the
College of Idaho expansion program are not without issues and
concerns which need to be properly evaluated. A thorough
review and analysis of these issues is imperative to ensure a
level and quality of development that will enhance the
college, the surrounding neighborhood and the community as a
whole. Some of the more evident concerns are listed as
follows:
1. UTILITY EASEMENT - A number of utilities are affected by
the vacation proposal. It is important to note that
establishment and recordation of any easements or alternative
routes for utility lines must be established prior to the
final act of vacation. If appropriate easements are not
recorded prior to vacation, then the City would lose its
legal right of access to established utilities such as sewer,
water and irrigation water. All affected utility companies
sand agencies were notified of the subject request. All of
these companies and agencies have responded positively to the
Book 7
Pag; - 90
vacat_'.. reque�_- I prow :__.'d. tha the easemcant are
or re _-ned ordc-: 'Clo en:: r.rle ong u ity
t h i s t h c f
se. ice the AS C'
Ida.1..: has n.c, submi" tc e Ci -ie any promosal &_�dressi
exist Ut2 ties, -s-rc7_,.ng c , xistin( lines or
e.; tab].- r. recc: uti1. easeal^nts.
P_ a
A the ilit ss wi � the ojec' .tc
is
A SEWE", Ex _'. - !: -, ,_g se: iine�- 7ithi-n Bloc'-,
Blcc: 15, an 'lock
D� CITY . -ater : w_ __ Asia Street. .-"-',.ght
o f �y and Avenu.,-� -.--;ght - way.
C. 1Y T �_:= 7A.TION , 7 , ,TER water lines - J."thin
Stye fight c.): way F, n right - v
- _1 Mic Avg I -f wa -
D U�S - WT E S T E x -J s a a a 1 1 1 ca f a c i. tie t h i n
c:' ,7.ocx, c, Slocis and 8
E. - IDAFO ` v ats of E]_,-: .. - ,within , 11 st
and !eys _D
t1as ', 1 1 eg a of T6_ ,? has toq ues
v a c a - C
E, GAS gas es w _ a! of
6, '-P -- ock 7 1'1nd Blc:- 8 arc- Knio Av of
way and M .__,`_gan r_ of
TRAFFI".1 AND C_`_ CULATIC> :. Bo the Engl"_.neerinc, . Depar-, and
t . e Pla-1 t ar, Zc)n-"-P- - Departi, �.nt ham requs.-. a
s ` frci - '.,he cep ~- - 4
cant . " . 7 CO
ass Is the umc` 1 in ing
an . - : - forim a dqcis_ concs"n3_r c:,,ae r ^stet street ^nd
I t in ne�; of
add�_ i = e l ude
effecv -- ,he of t str- and alleys nave c
t'%�e Cit � strefE syst - the - , , ad to _ trams ` -r, as a
r, . , -alt of - - - he As'- Stre.-l' - �racat. - c -, the thc6 c:' acce to
ant ee;i sting as 7- as ' J . - - s '
fu fac ties )e re� sste �cat and :c fect cn.
ingress: and e7 to C a Col effect = strs suc�
Av thc:: - neec. 0 be :'.mprov-! to
ac_)rL1MO__1 _S t r a Z 2. c
neec., .'or
Ave ..- and Bou_... ol-I necessary in :.=der o
offse im �_ssoc_ w-i'C'�. the Co .'_ege ea; -,ansioaz -nd the
- v =tion ,
As this a.U tha aricus affec,.�d
S t r 7 are :.ing :3cmple, 7 traf:-Lo stud- has not
yet bZ, sub
,__`.tad t '7-he s_.°tc. - ,HCY1, - ,7er, ,,,.
app:.^an 7 S
is ha.-:e and prt,mt traff data
t will - aldress -- ,any
DRAB - 'a a -nods c.._ eChiC - -zg ac _ _.sate ar image 7
f.-om the - =opos,-..._ deve_ we.1__ as the
v :.vatic are c old in a
be t_: - , City inec-�r s Enc
DE S.I. (,'A an c ar co). - ,�.)rn _i s - : - ,he s u s o - z C 9 s t r a �t s, 1:
and c > the Wacat_`. :.s hav_. occu. Staf:.
that :.,,se PuIC ' `_7, riQh of V,u lose pl :ical
i U ty '1=; s a s et -� c tho' ugh b e
inc. ,oratlal��. J'.nto over desir. - theme u_ the
F AC_:_')N sta o,:' the
..n con Pt, ne :_' reCOii It d tht, the
Co ' s
I ap - rove req, t f o -7tree" and a gy
vac�' - ,ions h rime. e. t In tn�� ast, Yeas as '-een
of City, -D- omp(.ed SUC-1
oy 0
�F,` the - _bject - t ques -�- re a inven.-
J_
4 -orma' ma
the C,� :,rIa-,7 k 3 a raticnal,
t -7 in c �5 e r
i s i (:,, n. =,_ the 7:sques ap, In s
� . ve d
pa�_. 7,
- 1:._ular `.nstanc-. lac:-, �,:� more efin
r e I a to - u, , -"I -),nd t astabl_shment :ind rec=daticn
d -lated t r ait a f
u ._ .
-L__y eae'-d.ents 11. 1 als�.l data rl., � c ana
ma make - _.lch a diff._cult. The
fc v o-ions offe _-_ -3. for
the �.blic imr pub",-in and.
Book 31
Page 91
and continue the vacation request and public hearing
until such time as the applicant can provide
supplementary information as deemed necessary by the
Council.
2. Open the public hearing for public and expert testimony.
Based on the extent and content of the public and expert
testimony, the Council may elect to close the public
hearing and take action on the first reading of the
ordinance. Furthermore, the Council may direct the
applicant to provide supplementary information as deemed
necessary by the Council prior to the second reading of
the ordinance. It should be noted, that the second
reading of the ordinance need not occur at a successive
meeting, but may be deferred to a date in the future.
Option number 1 is the preferred option. However, staff
would also point out to the Council that an ordinance has
been prepared for the subject vacation request. Upon
approval, the following terms and conditions are offered for
the consideration of the Council:
1. That prior to the final approval of the vacation
ordinance, the applicant shall:
a. Identify a method of implementation of any traffic
or design mitigation measures as required by the
Council.
b. Submit improvement plans for the review and approval
of the City Engineer regarding any relcoation or re-
routing of existing City utilities such as water, sewer
and irrigation water.
C. Submit improvement plans to the City Engineer
indication review and approval of any relocation or re-
routing of other utility systems to include approval
from the respective utility company or agency such as
Idaho, Power, U.S. West and Intermountain Gas.
d. Identify and prepare for final recordation any new
utility easement.
2. That prior to the final publication of the vacation
ordinance, the applicant shall record any new utility
easements subject to the review and approval of the City
Engineer and all affected public utility companies and
agencies.
Mayor Dakan then opened the public hearing. Mr. Dick Winder
was signed to present testimony and was recognized by the
Mayor. Mr. Winder stated that he wanted to be on the record
as being an agent for the College of Idaho and would respond
to any concerns the Council may have or the citizens of
Caldwell may have. Frank Buturla, of Blakley Buturla
Consulting Engineers, would be the principle spokesman and
also an engineer from J.U.B. Engineering, who will discuss
the traffic study.
The following were recognized by the Mayor and testified
regarding this item: Frank Buturla, representing Blakely
Buturla Consulting Engineers; Sumner Johnson and Gerald
Flatz, J.U.B. Engineering, who discussed the traffic
problems created by the proposed facility at the College of
Idaho; Jim Guy, 1716 East Ash, who suggested the opening of
Fillmore Street to help the traffic during activities at the
College.
The City Council asked those testifying a number of questions
and also asked the Staff for clarification on some of the
issues. Councilman Murdoch pointed out that the utilities
and traffic would have to be completed within the next 30
days. The reasons for this was because once the Ordinance
was passed, it must be published within 30 days. If not
published in that time frame, the procedure has to be started
over. When the Ordinance is published, it becomes law;
therefore, vacating the streets and alleys.
Book 31
Page 92
The Mayor closed public hears n and ed for action
the nbers '.. the - , - y Co l.
1' was &2VED by 7arbos, SECONDED by Nannalas to have a five
mj7ute nscess to alic- the staff, and
testifying zo disc Lass the fr,Enas) involved.
Roll call VCV" !Vase vatnng yes: jar&oe, Houchins,
Raymond, Valdez, Nanco�as, ant Murdom. Those voting no:
ncno. x an:, 'ot
CAFF-70
Tm MaIr - recessod the 7yet±ng at 8.2� - _-,m. meo`cu_ng was
nve - �t n.m.
The 04le of Vill No. 72 was . b �.he Mayc. as c- lows:
AN RECIT PETI,__,_ON FO ACATION AND P,
APPROPRIATE NOTICE T _�_AS Gig 7 '37 DETE3 ININC
VACATISN OF STREETS .ND Al ?YS 11 THE PL ',T OF
._LEGZ HEIGHTS ADDITION, 1Y THE C_,_�'__'Y OF CALDWE
CAPYON CO MTY, 1DAHO, DESCRIBED BELOW, SHALL BE MADE;
Al D SETERMIYTNG THS7 VACATION OF SAID FOLLOWING STREETS
AND AnIEYS 1S IN THE „EST PUBLIC EREST FOR THE CITY
DF CALD 'LL, C.A,\ CCuNTY,
MOVED Q Murdcoh, SECONDED by Jarboe to susland the rules
roquirin2 that a Bill be reau ot thros separute timcs and
that the Bill be read by -1tie that rea6. --c
Roll call vote. Those voting 7arbos,
F-
..oucb_i., Ray T Valfsz, no none.
F� cent not - :,one.
M07ION CARR17D
V E D
-.. Murdoch, SECONDED by Nancolas thar Bill No. 22 be
poFsed entit"...ed. Orcfa.. tic., 1858.
Roll call -ot" 7Qose voting yes: ;:urdoct. Jarbos,
Houc�.ns, Raymond, VE!dez, and Nancolas. 7hose voting no:
none. b_sent f_ not ,, _ , __ 7- .ing: --,. one .
MOT TON CATTIED
(PUBLIC RIARING ON THE VACATUIT OF SOS-SURFACZ STOSY DRAY
EASEMENT O� .- '7RKINS F=AUFY , _"T SIT
Ma Dakan opener: the Public Hea: on vaca2ion of sub-
surface storm drain easement an Perkins Restaurant site. A
the roQuest of the Major, the Plannivg and Zoning 2Lrecto,
presen7ad the following bawkgro -- .f� info=atio- - i and
cc commer.c, c. t. ions from the this as f:__'_Iows:
GENE7AL LOCATION: South side of Frank!:A Road. west o:
irate: ate 84 -ithin Perkins Restairant ant retail stores
site.
BAOX2ROUNQ: A re est ha,, been 2d to - ,;racatp- exams �t
. subnvrface storm train w&'- C OSaI rstem �asement'
.,
o o a �7. on ��crticn of Lc Os 2,3, and 4 the Plat of
ColdweLl lnters�.. Nic, -�". Tn ��ubje,-, aasem-;i:'.c'c is
since an alternavive mathod of frainay@ for the sits was
pro = the satisfaction c the 2 En, .
BuiIjAng ant Safety Official. Consequently, tic easemen
serves 20 purpose or ? notion Pnd places an encumbrance upon
the pr arty. -,he alharnatine method of drainage cas a
res ten tio n pond wnich we already been constructed on ict 3
per the dirsction and o the 1_ C_`_!ty
Enginvar.
_::: of the existing easement, however, it will be
incumbeni upon t e apt,._ .cant w estaclish ant recor! an
Book 31
Page 93
easement within the extreme south portion of the subject
property where the retention basin has already been
constructed. Additionally, provisions should be made to
allow the vacant property on the southeast corner of Specht
Lane and Franklin Road drainage access to this retention pond
which can be established through the recordation of
appropriate easements.
RECOMMENDED ACTION: Attached for Council review and
consideration is an ordinance which has been prepared for the
vacation request. Since the easement is delaying ongoing
construction of an approved development and since the purpose
of the easement is to be fulfilled through an alternate
method of design acceptable to the City, it is being
recommended that the Ordinance be considered under a
suspension of the requirements that an ordinance be read on
three different occasions at a meeting of the Council of the
City of Caldwell. Specific terms and conditions offered for
the consideration of the Council are listed as follows:
That prior to the final publication of the vacation
ordinance, the applicant shall:
1. Identify and record a new easement to provide a
retention pond for storm drain purposes on a portion of
Lot 3.
2. Identify and record a neTA
access purposes connecting the
corner of Specht Lane and
retention pond on Lot 3.
3. Said easements shall be
approval of the City Engineer
separate instrument.
easement for storm drain
property at the southeast
Franklin Road with the
subject to the review and
and shall be recorded by
The Mayor stated that only one person signed to speak to this
item on the Agenda. He then recognized Tom Doerr, 2302
Jackson Street, who addressed the City Council explaining
that everyone thought this problem was taken care of before.
The title company was having trouble with the deeding to
secure the bank's position on the loan. At this time, they
were asking the City to vacate the old lines and accept the
new ones.
The Members of the City Council discussed this at some
length. The tape will be available for both Public Hearings
in the Office of the City Clerk for six months for anyone
caring to listen to it.
Councilman Raymond expressed some concern with regard to the
drainage in this area. There was a great deal of discussion
previously and he was not comfortable in making that decision
at this time. Before voting to suspend the rules and pass
the b i l l at tonight's meeting, he wanted to review what the
original conditions were when the plat was first developed
and make sure that the conditions are met. Mr. Raymond
further said that he did support the project.
Mr. Doerr answered several questions from the City Council
and also explained the urgency of having the Ordinance passed
as soon as possible. When the City issued the Building
Permit, everyone thought the problem was taken care of. The
coritractor's arrangement with the bank and the title company
cannot proceed until this is taken care of. Therefore, the
funding was tied up and the contractor has been paying out of
his own pocket.
The City Engineer and the Planning and Zoning Director both
expressed their support for this petition for vacation.
Councilman Houchins stated that he thought it was simply a
housekeeping situation that should have been taken care of
previously.
Mayor Dakan closed the Hearing and read Bill No. 21 by title
only as follows:
Book 3l 9 A
4 , i I "Fl."R -'IN AN _'l-CITING
ORDIN REC P ", VACk D f
AP OPRIAT NOTICEZ '..'HEREFOR WAS G._./E_N; D,l'7RMINlE, THAT
VACZ, A ST�o DRL"C." .EASE ;SIT 11 P O
7
NT 0. 2 THE C" CALD-_
",.NYCN ','.UNTY,. 7 . 1 )AH0, - 7SCRIID; BELC:, SHAl,'._.! DE MAi_.
�'AC " 1 11% .-I.D F07 W j . " ,
THAT A OF 1
, 7 7 0 !N'
D7''..7?TBED : :.S INT BES7 IFNTTERES FOR TT."'ll CITY
OF _7�WELL, 7_7 �,LINTY , _�
MOV _oy Hc ,l-ins tc ��uspenc the rvio
requi .. to a bil� be recc at seiDz.. es anc�
No. 21. �e rear' -. -,y tit '_a for one cading,
Rc.". cal . r ote. ."hose "Dcting -, an- co m u r & c c'-)
Ham T 1
Hcu, a V a I c 7 - T no Z a. ym 0
Absen' -- -d no- otinc
, one
_.1 _l'ION CA RIED
MOVI'.� - 7y S Bir 21
amassed - ent-l' C--f,:i.nance 1857
Ca__.'__ Vote, Those ,- otinc
Ca R
Hol��.D
. ,yinor.c., and t .._dez. - hose voting
none �bsen'l nd no"
_; - none
(RESOLD CN Or ""
R the u e s th e - or, t 1 C ity 1 g i n e a r p I a i that
ove -
on g n e cl
Cit_�; a pet est, ixty
p - ;--nt c `-he rc.l _ the ID 0 S cons :.pct
-- k wi cons_ of
a sE�I rl l� �n T_ La.na_ The
:375 S llnc.n 7anitc sew_: ; ne. T ta
c-nst�:,:�. of , is elC�_matc to be
coo, This w 7 be 2,�. the
' ,,-,
acc� ding a
foot
T_
Re . c_ ln'Lc. - was by t Mayon " as fcl2.c
BE _UF RESOI , ,` 77 ) by 1 Mayo and Cc .cil 0:'L' ze C3 r Ca__ 7 _ - dan,o:
That is intciz_: _on of wIje Macr
and
Calc to t a sl
h-
_
t Rollo _._nom StrE in < C i ty
s_ _j
sewer n T nn`-, Lan-
7CTICY 2. gene - _al cha ^f tn��-
-1 L-vorov--:7its s be a follow
375 -- set o ? incl
r
ed
anc �
SECT 3. Said `_ Inrovei7ent a f -Tier
addi`cf_
Z.. The est_'.ated c of imp_
The ,c of impro , - "-,s to leviec- and
ass sed ac 5 � 4 q ,__
. -nst abu' �.
'., -.
ad :emt
and whit l to be %,,ade anC. 7.1,0on
d n t r�, !'ed b- - the i �s and r:m,
la- I.- to bens
-ciude - n the dist..: . `-e
SEC',1 5. : `.mprc 'Cle form , C for
the -_ matt the --mprc,
E - 6. t the. S 0
:,he
to be. - ormed as fo.`.
at the
Nor est I/Z,
Sec 23, T_4N, saac - ooint - I-eincz
into ctio -. Flor"-aa and 0 No-th.
Fl cen"1=1ine Fl . Ave,".ie 12-- fee'- E.o the
mint cif B e g li n n g; .7 c N o r along said
of FlIc-ida A 2 fe-, the Eas 352
thenc South _`3 fee the c-rth L a of y lira of
Tinril `pane; - _ -7 7ence Y t L-
lc he Nc__ .' corl-ner c-_'
Book 31
Page 95
Lot 11 Tinnin replat; thence South along the East line of
said Lot 11, 91.06 feet; thence West along the South lot
lines of lots 7 -11 Tinnin's Replat and said line extended to
the Point of Beginning.
Containing a part of lot 15 Hilicrest subdivision and all of
Lots 7 thru 11 of Tinnin's replat.
SECTION 7. The portion of the cost to be levied
against the benefited property shall be assessed against the
benefited parcels in the following manner:
The costs and expenses of the improvements will be assessed
against the abutting, adjoining and adjacent lots and lands
along which such improvements are to be made and upon lots
and lands benefited by such improvements and included in the
district to be created according to a front foot method.
SECTION 8. Protests against said improvements or the
creation of such improvement district to be formed shall be
in writing and filed in the Office of the Caldwell City
Clerk, and in the City Hall in the City of Caldwell on or
before 5:00 p.m., June 18, 1990, and such protests shall be
heard and considered by the City Council at a meeting of the
City Council to be held at 7:30 o'clock p.m. on said day.
That the City Clerk be and is hereby directed to give
notice of the passage of this Resolution and the time within
which protests will be heard and considered by the City
Council as herein provided, describing in such the general
character of the improvements to be made and the estimated
total cost thereof and refer in said notice to the said
Resolution on file in his office for further information
in regard thereto, and shall cause such notice to be
published in the Idaho Press Tribune, a daily newspaper of
general circulation within said City and the official
newspaper thereof, in thre consecutive issues and cause a
copy of such notice to be mailed to each owner of property if
known, or his agent if known, or if not known, to the Post
Office address if known or, if not known, to the Post Office
in said City. The last publication of such notice and the
mailing of the same to be no later than five days before the
date of the expiration of the filing of protests.
MOVED by Raymond, SECONDED by Houchins that the Resolution of
Intent for L.I.D. 90-°1, Tinnin Sewer be passed.
Roll call vote. Those voting yes: Raymond, Valdez,
Nancolas, Murdoch, Jarboe, and Houchins. Those voting no:
none. Absent and not voting: none.
MOTION CARRIED
(RESOLUTION OF INTENT - L.I.D. 90 -2 - TERRACE)
The City Engineer explained that the septic tanks and
drainfields presently utilized for wastewater disposal in the
Terrace and Terrace No. 2 Additions have been failing. The
City has had a petition request, signed by over 60% of the
residents of the impacted area, to construct sewers to
relieve the failing systems now in use. Over 3000 lineal
feet of 8 inch sanitary sewer line will be required.
Construction will be difficult and expensive due to the large
amount of basalt that needs to be removed to install the
lines. Total cost of the improvements is estimated to be
about $190,000. This includes an allowance of $20,000 for
design and construction inspection. The City has committed
to contribute the design and construction inspection, thus
leaving $170,000 in construction, costs to be shared by the
property owners inside the Local Improvement District on a
square footage basis.
The Mayor read the first portion of the Resolution as
follows:
Book 31
7age
B E _1
3ES01 7'j �D by c Mayo__ and Council c
City cald _1_1 1
rT 1 N Tha t is e intz� o.'- tithe and
C 4 - - y Co c:` -� he C i of Ce - - , -7we 1 ' cc' .
se . ors :Lg. said -
sani. 7 sew -- in ..c pace, - 1 - c'.1nn., Sha,7�ta anc�. Roose
" C T 1 0 _N 21. 7i th c e ne I c h a - - .D. c t e r f the
�ollo
sha-11 be a� v
33 7 eet c inc ;1- :7anita_:" sewer'. ncluc requi7ed
MOM."".: es.
C T JL C 3e d I is a
_7:roVe
S ION C- "'he es a. cc: :_' of -Impro',_
_ost c. 7
'.1 - he C_ �__,7S PC: ' �
of ai the tion
i s i m a t o b c.� 2 0, 0 0 h i c h. s sha"_ be by
City � :f CalC_ 11 Its S 2 we r F - :i d
UL, and _--e co- of r.
portion of "e is Limate to be
is be 1c an.. - ssessof' again::; t the
a 'ing, - . - djoin. ,
" and a
, "acen"t `_ands an l ots .long 9_ch
ar e t - 2�nd upc., the I and d t., '3
o a m a 6. c s c
bene by te
iMp_' - emery t and inc t he
to be -=ed-
ON 5. That Impr .m9nt c.'-strict i for
tI , .. 'o of the s iJ'mprc
SEC 1.
6. tli - -3 'boun�ce cies of the
to `ormec' r,e as __laws.'
race a
1, k __: 2
all Bloc' 7 -,, and of El 3.
: 'ditic.-� No. 2,
7 ,
-"...;ck 1, is 12 '_ 4: an
c -
all Block 2 and. a_ of 3.
p _._. i jus1- a's t"-e
The art the
F. solut for T , - inin D. 9C-
MG ? oy - Tmond,, SECON by `'?aidez - �Re , ( - _�Iuticn of
Inte:'.: for S) C D. Ter_ be assed.
Koll c' 1 vc T. yes- Rayi', - ad,
Nancolaz_ Jar and iouchi Thc-.; voti r)c. no
nc n
Abs and t voll '��,g
MOTTO;`:: CARR]2
(RESOL - . A -7 0R SM__'%.__iT_ STR_Li? OF Ca_; PROP E
TAYLOR"'
Mr. ti_ City exp ed the 'c Mr. Mrs,
S°) vlor --ve to -2,ase a strip trip of City
`,' tree z - ,7ay fc ,_- Parke P,venue adjace- to
th� res_'_C a: 1 21 We Oak .,e pur �
se o� - p
-t u ".,he prc fc a lawn ;__.T.'id ga
one City c.' Cal&x wi be to '-7.oep t, a. weeds
to � I , ,, City -
o f
'7 n - n - o
j mprc) th of As s
_�_ntro ad a n C". "
p ert i t = s 'nere`. i_a rec.'_':r�',ienacc' that 1 I e 8 b e
ao sec
no ch;:. to so Lm',=oveme.nts ma" �e
made- the -;_-:'. pert
y,
Ras _ w< as
THE 2- AYOR v i CITY ERK I f" 7,XECU' A
( - j7�
LEASE %GREEM_.. THE =.T� '. -LDWE AND S"..-:7AN At
_T'A,URNA - -. AYLOR.
13E -7 RESC-VED the 7ayor City Clerk C,' the
C of ca - 1 1, b e an sa.ma to
execsz!_ thy:.:; -erta_'_, -, ,ease greemenC attar _= ;_ and
a '-ereo_� �,s if s�' for :'- fu ',_�v and '., . . - ,he CiLl_
Ca --d Tay - -
c` _Ic���'l an Sylvan
Book 31
Page 97
MOVED by Houchins, SECONDED by Valdez that the Resolution be
passed authorizing the execution of the lease Agreement
with Sylvan and Laurna Taylor.
Roil call vote. Those voting yes: Houchins, Raymond,
Valdez, Nancolas, Murdoch, and Jarboe. Those voting no:
none. Absent and not voting: none.
MOTION CARRIED
(CONSIDERATION REGARDING CHANGE IN LEE RICE LEASE AGREEMENT AT
THE AIRPORT)
Jerry Olson, Manager at the Airport, was requested by the
Mayor to address this item on the Agenda.
Mr. Olson stated that Mr. Rice, the owner of Avjet Aviation,
wishes to have his Corporation, Green Arrow Inc., named as
the Lessee on the agreement with the City. It currently reads
Lee Rice dba Avjet Aviation. The services provided and the
area leased would remain the same. Green Arrow, Inc. would
then sub -lease to Avjet Aviation.
MOVED by Jarboe, SECONDED by Nanoolas that approval be given
for the name change as requested by Mr. Rice and for the sub-
lease as requested.
Roll call vote. Those voting yes: Jarboe, Houchins,
Raymond, Valdez, Nancolas, and Murdoch. Those voting no:
none. Absent and not voting: none.
MOTION CARRIED
(CREATION OF LAW ENFORCEMENT COMMISSION - BILL NO. 20)
Mayor Dakan read Bill No. 20 as follows:
AN ORDINANCE FOR THE CITY OF CALDWELL, A MUNICIPAL
CORPORATION OF IDAHO, AMENDING TITLE II, BY CREATING A
NEW CHAPTER 16, SECTIONS 1 THROUGH 4 CREATING
COMMISSION, MEMBERSHIP, ORGANIZATION, AND DUTIES:
REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS AND PARTS
THEREOF IN CONFLICT HEREWITH.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF
THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO:
Section 1. That the Municipal Code of the City of
Caldwell be amended to add a new Chapter 16, Title II,
Section 1 through 4 establishing a Law Enforcement Commission
as follows:
2 -16 -1: COMMISSION CREATED: There is hereby created and
established a Commission to be known as "Law
Enforcement Commission ".
2- 16--2: MEMBERSHIP: The Law Enforcement Commission shall
consist of three members: The Mayor of the City of
Caldwell or his designate, the Chief of Police, and
a Member of the City Council.
2 -16 -3: ORGANIZATION: The Commission shall meet as called
by the members of the Commission.
2 -16 -4: The Commission is formed for the purpose of
establishing crime control in the City of Caldwell.
MOVED by Houchins, SECONDED by Raymond to suspend the rule
requiring that a bill be read at three separate times and
that the bill be read by title only for the one reading.
Roll call vote. Those voting yes: Houchins, Raymond,
Valdez, Nancolas, Murdoch, and Jarboe. Those voting no:
none. Absent and not voting: none.
MOTION CARRIED
MOVED by Houchins, SECONDED by Murdoch that Bill No. 20 be
passed and entitled Ordinance No. 1866.
Book 31
93
Roll - _�.all - J , "-jose v .ing Ho 3?,ymo
✓alde.Z,_ NTancol,.s, a� jarICos. Tm_ VCJ__. _Og no
0
nc._�e an not ng: n
M0 CAIR"'I'170
,7�
R E C C M M EY, T 1 N R A. I C 7 N T ME S T O E L E N F C R C M E N T
COMMI�,S701
The - , .-., , vor the _ `o the —ty Ccll,nlcil
The c o f o f Iic a, nb Sch Ci Clounc_ Bo_,.
E ,-d 4 I Man
Va-, be
74 lnte6. -.,- this - ommissl - .� , ..cn,
M C 77) by ..:dcch, 17COND'Ej. by the C_�ty CO
- ;nt thoso
a cc= ,, ,- , the anion. :' Mayo= - -o apps
indJ'LcE�,� _d to Law
c c v C Thy ::,�- votl'.t:- yes'. Murdoch, J'a
Vald , z, and N - - .ncolas, Those aoting
none- Abs_- I: and nc`1 voting_ - none,
7,7 0TION R R 1 Z - 0
OLD DUS_1
(SECOND R'_Z , _ - =G 0.1 _SILL NO- 1-9 - - CLARIT\G A PORT OF LUDY PART:
PROPFRTY AS _!, _JRPLUS'
The - !�ayor -,.. �d bill No. ti only
ORDI CE G / - NG TO Jk'. _ CITI OF Tr
CITV
C _'A L D W E CANY COUNI' =Vt THAT HE Mi Z", AND
THE
7- L 1- 'FOLL 07L",7�3 DESC:-1.77=
'_77Y 1 1 TO THE -
REAL '70PERT`��' OWNED `�V TH. '-,7TY 0 CAL CAN
-
',) U N T - 'N'[D WD A
- 1-C"T SID 7 �
D 7 OFF_ 'R"77 IS Sl' .
.7
i,YON _,: '-.NTY SAT,' '1 I S ' UNIER THE.'
PRC 'DF TI'__2 . ... : 50, Z__IAPTER COD - E l - THAT
SAID "ALE 0. SAID .`>HALL AT pUi:a,IC A-,:r"7ION
I D S > - 07
BE _�D TC HIG": _ST BIDB_'3 AND TJ_ NO D
ALL 3 ACCE_P_:T) FC,
7 ESS T_ " THE ._A_-'PRAis ; - D VA7 L;8
DESC"'.]DED AS
was of No,
(DECISIC'."\ O WHZ�Rj_S' LUBY PRG SAVE FUNDS SHOULD 7,'0)
ti'.,vor ir_Zc�.. t,-, Cit c_r..:umcil
he the
C At'_o wi:'
j rega�_ to 5 dec:lon.
_' n�
Att,- - iey
s r the
:'-_fDm saJ-C of exr_
the i
cou _C_ use_. '-. ,'o
a a"", against
the 7
cockI�
Le use� ..or c _._al
Jar o statsU that Co a u,
to
law con cc-_. at time, ' ja fu ...... ar sa`c
-1 - - hat the
- :ion wa. made wee;-v; go to
the to -- ...e Par" and Rc_.-.-eation Depa
'he __-��et
an t of tbc.._ depa ire
mo.—. Aian srvii of surp-.. fu and 1-t fully >uppo red
both = the::L sr, -,. :-a S a f S of C _ - C n s or
laidwe Ly t thin time.
7as moz of a lor�
Co Calrboe �1 ancl was =NDED icy Nan ~o gas
tha the idc.' s,_1rT)lus 2 7,uestio be ai ;:.ocateu _'D
Cal0_.v La Co for dis-_ibut'-_. to tz
Caldwp_ Folics for capital , .pendii,
Th& was �=e d_ �cuss-_cn among `7.he Co M
rega: to mot_io , The %'aycr req a :oll ca
vote
T .(,
:)se - vc - 1_%ng yes: Hou Valdez, and
vc no. Raymo AC . - Irt and - ,"'ot
non:,.
Book 31
NEW BUSINESS
(REPORT ON RILEY HILL ZONE CHANGE)
Page 99
MOTION CARRIED
The Planning and Zoning Director informed the Members of the
City Council that the Planning and Zoning Commission
considered this zone change at their meeting of May 10th,
1990. Their recommendation to the City Council was to
approve the zone change from R -1 (Low Density Residential) to
R -3 -20 (High Density Residential; Medium Density Range). The
subject property is located on the north side of West Logan
Street, approximately 1/2 mile west of Kimball Avenue and is
the same property as that which was recently annexed into the
City as a result of City Council action taken on May 7, 1990.
The recommended action was to schedule a public hearing on
the matter.
The City Council was in agreement that a Public Hearing for
the zone change from R -1 to R -3 -20 for the subject property
be set for June 18, 1990.
(RESOLUTION - RAILROAD CROSSING AGREEMENT)
The Mayor read the following Resolution pertaining to the
Railroad Crossing Agreement:
RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A
GRADE CROSSING SURFACE IMPROVEMENT AGREEMENT BETWEEN THE CITY
OF CALDWELL AND THE UNION PACIFIC RAILROAD COMPANY.
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 Grade Crossing Surface Improvement
Agreement attached hereto and made a part hereof as if set
forth in full by and between the City of Caldwell and the
Union Pacific Railroad Company.
Mayor Dakan explained that this Agreement will provide for
the repair of the 5th, 9th, and Kimball crossings with
concrete which will be done this construction season.
MOVED by Raymond, SECONDED by Murdoch that the Resolution be
passed authorizing the Agreement for the Railroad Crossings.
Roll call vote. Those voting yes: Raymond, Valdez,
Nancolas, Murdoch, Jarboe, and Houchins. Those voting no:
none. Absent and not voting no: none.
MOTION CARRIED
(APPEAL TO THE CITY COUNCIL FROM THE VAN SLYKES REGARDING A DAY
CARE FACILITY)
The Planning and Zoning Director informed the Council that a
Special Use Permit application to allow operation of a child
care facility at 2804 Twilight Street was considered and
approved by the Planning and Zoning Commission on May 10,
1990, subject to certain terms and conditions. The
applicant, Jeannie VanSlyke has filed an appeal of the
Commission's decision relative to one of the imposed
conditions of approval in accordance with procedures outlined
in 6 -4 -4 (G) of the Caldwell Zoning Ordinance. The
recommended action at this time would be to set the Special
Use Permit appeal for public hearing for the City Council's
regular meeting of June 18, 1990.
MOVED by Nancolas, SECONDED by Murdoch that the Public
Hearing be set for the Regular City Council Meeting of June
18, 1990, for the appeal as requested.
Roll call vote. Those voting yes: Nancolas, Murdoch,
Book 31 Page
Jc=boe, Raymc `,.- Va ::z. Vc! `9 - rone.
an . not
MOTI ��,_ CAR R_k`_.,
(AGREE7."7NT = THE St,TE HTGE DE .' ;,RTMENT THE TJ,'-jCK
ROAD R�__Tr ROB D C-IOSSING"
Mr to Later `-l it the , ent c::,
the C_.. H D-L-5-trict tn join
Ag -ment begil)- prelininary
7 on cro en��. �.,ee__ tl repai cf the -, -17,tick ARoad cro- 'Ing. h e
C-it : - red tc - Derf orm wor:-
_Lng,
Cr ,r,% 7 survey�l. the
tho- '%S
and Sta i11 F ; _st in 7utti ,_,, the
dog .--.� it way, Cory .felt
th ,`- the could adve<< si-. months Both l.he
Hi ay D_Js anr. the City 1 be ontribc_',.ing,
addi" to _L d2-7ray tl Cost of the State'.
work. The Cap ", Eia'-way D _'sLrict
Ec;,-,7d haL uIreaci_, the
9
- �struc - :Lnn.
w-- be us f or c
� - —
S 7 � F
MOVED ".)y J'a.�"oe, ^y Nan(, aPD-(-ve th,,
of the Agreem witil the S Hia av Depa — ment
Rca.�__,�, - railroa ,f Cros-,_
-, ouchi ,
n
Raymcnl Vall Nancolas, Murd'cch. '3, vc) no
_gent not ing
MI'__'_..0N CARK-TED
(REQUEST AN EXl___,!_. S.
T -- - -, Ma:y 'tatef _`-at n.-s -.70UJd Guest Execv.'.,J_ve S� _on
imm ate I the -,', gUjaj, C _ ' ., y CCU ,� 4
Tt was 'Shen MCVEID b-.1 Raymo SEC0_ b ',-Touch J_ns that
p . Stag.; - Sscll c2343, an Exp_cJlJI-.ivp_
_,__�..�tely .... ;llowi ng the
--I Mee "Z:�-ng for the purT cse of -, personnel.
T.I, vc .;.z yes
Nanoola.c_ Murdcc,_ ja: ano - Tlno vot no:
nc�._-. _. , t and :: vo _i`g: no .
MOT CARP I_I_-)
(SET CRKS 7OR j :._T 11, _i" 1
Th ^yor ormed e Ci Counc-'..1 that :11, - Torks , _c; will
sche_ sd fo Tune 1-990, 7:00 - ' ,m. at - , - '-ty Ha
on tln.e
Zam.es t'.I.— WaStL17 , ..ter '__
(COMMI 3 REPC ZS)
C M : :__;orteca attc. his first
F-1—aning d Zcn'7 Com ,sion - .-,«:�Ling. ?he Mos ng was very
f ,
ic-11 Mr. M ,
o;, impre.- wit ' their - ,-ork.
Counc.'.Iman th Senic.
C! w ill celeC.- Anni
_tizen�� Cento e
the of - -- e wi be an ��nen
.-. that
at L:j Cen x1rom 2 - 1 - SC and 7, o, r y on c is welt-c-i':
Counc 3 ims with `-na CalcleIl Boarc:, T h e
d'-scuss',: the i budget. at T', Mr.
info Cc, . �4 1 tj___ they - v, .ad be i --anning. more
her nice7 .
7-ajS th e -.,.��,,,
even no�,
Counc_ - _,= HC `k he oUld r. absen'C "or the
C'ty o_ June
Book 31
Page 101
Councilman Raymond reminded everyone to vote the next day.
He also informed the Mayor and Council that he would be
absent for the City Council Meeting on June 4, 1990-
(MAYOR'S COMMENTS)
The Mayor reported that there was a good turn out for the
Centennial Parade in Nampa. He commended the City employees
for their efforts in having several floats entered in the
Parade.
Mayor Dakan also commended the Chief of Police and his
Department as well as other agencies for their recent
investigation and subsequent arrests.
The Caldwell City band was planning to rehearse every Monday
night and Mr. Sower has done a great job of organizing the
group.
There being no further business, the Regular City Council
Meeting was adjourned at 10 :00 p.m. and the City Council
convened into an Executive Session which adjourned at 10:15
p.m.
APPROVED AS written THIS 4th DAY OF Ma
1990.
ATTEST:
Councilman
City C14 i/ —