HomeMy WebLinkAbout1992-08-03city council minutesBook 33
Page .139
REGULAR MEETING
August 3, 1992
7:30 p.m.
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: Murdoch, Carpenter, Houchins, Raymond, and
Ozuna. Absent: Nancolas.
(ADDITIONS OR DELETIONS TO THE AGENDA)
The Mayor informed Council that there was one addition to the
Consent Calendar which was the acceptance of a software bid
from Pentamation.
There was also two deletions under. New Business: Item number
two pertaining to the appearance of Andy Anderson and Item
number 7 pertaining to a lease agreement.
(CONSENT CALENDAR)
Mayor Dakan presented the following items on the Consent
Calendar for consideration by the Members of the City Council:
1. Dispense with the reading of the minutes of the Regular
City Council Meeting of July 20th and approve as written;
2. Accept the minutes of the Senior Citizens Commission
_ Meeting of July 20th;
3. Approve an easement for Idaho Power at the Rodeo Grounds;
4. Approve scheduling a hearing for a zone change from R -2
to R -1 in Dearborn Street area.
5. Accept a bid from Pentamation for computer software.
MOVED by Murdoch, SECONDED by Ozuna to accept the Consent
Calendar as presented.
Roll call vote. Those voting yes: Murdoch, Carpenter,
Houchins, Raymond, and Ozuna. Those voting no: none. Absent
and not voting: Nancolas.
MOTION CARRIED
(THIRD READING OF BILL NO. 15 TO AMEND THE CODE REGARDING BUILDING
CODE)
The Mayor read Bill No. 15 by title only as follows:
AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF
CALDWELL, STATE OF IDAHO, BY DELETING AND ADDING CERTAIN
LANGUAGE IN TITLE V, CHAPTER 1, SECTION I PERTAINING TO
ADOPTION OF BUILDING CODE: REPEALING ALL ORDINANCES,
RESOLUTIONS, ORDER OR PARTS THEREOF IN CONFLICT HEREWITH.
MOVED by Raymond, SECONDED by Carpenter that Bill No. 15 be
passed and entitled Ordinance No. 1951-
Roll call vote. Those voting yes: Raymond, Ozuna, Murdoch,
Carpenter, and Houchins. Those voting no: none. Absent and
not voting: Nancolas.
MOTION CARRIED
(RESOLUTION ESTABLISHING FEES AND REGULATIONS FOR THE BUILDING
DEPARTMENT)
Book 33
Ma,,= Dakan read `:,ae Rc-so r ertaining to the fees , nd
regi- for the Building. Depar'. as follows:
B", IT RESr- VED That the fes5m;
and rzgulatiorxs
estan'0 shed
by - `-' , .e Buila
on. set
forth in 1 1he Petition
attar , .mod herat
and! riade
a ,Dart
he as though s�_t
:--,- full ,re her
orth _,
ado , ,p - :cd
by City Council,
y of "'Jaldweil,
effective
from
and after the passage
apprcv.. of
1 Reso
MO.': SECONDIW�. by Ra',7m.ond that the Resolution 1 1, se
passe as
Roll vote. Those votii� yes: Carpei
Fa-- 7mond, '7-une, Muralc�c T��josn voting no: none. Albsent
an�� not vo Nancolas .
p'AOTION C?%7RRIED
(THIRD 2.. OY BILL ',"C. 16 To AMEND -- HEE CODE PE(3ARDINc-. PLUMB_
CODE)
Mayor Dal<,?n read Bill - 1\ 7 c;, 16 by 4 1 - . - itle on!y as follows:
AN ORD A�`ENDING THE MU CODE OF lz� - � CITY CF
CALDWEL STATE OF IDAHO, BY DE _FETING AND ADDING. CERTAIN'
� I" NGUAGE _TN TITLE V, CHAP 2 SECTION I PERTAINING TO
PLAT' =G CODE: 2J,L ORDINANCES, RESOLUT.
ORJD'_'-- OR PAHT' 7 TLF�EC; IN C'_.""FLICT HEREWITH.
MOVaL . by Ozu. SECONDED by Houchins that Bill Nc. 16 be
passed. Ilnd en .tled Or1:-nance 'jo. 1952
Ro.� call ote. - f] , cse vot ng yes, Ozuna, ��,Uxdoch, Carpent
Houc_...ins, a-71 Raymonc�. T`acse vot3_rg no none. Absent and
no t ot Nmcolas.
MC CAT,'7ED
E I
(THIRD 1`1`Z, _. F BILL NO. _ TO AM,7ND THE CODE R7GARDINO
MECHANICA; ', CODE)
T? Mayor read No. - _7 by t5 only as follcws:
M __ MU_\�F CODE 1- z
, N ORD__ AMENDING OF Tl"-, CITY 07
": STATE OF IDAHO, BY DELETING AND ADDING CERTAIN
.''T I EH'CTION I ?,ERTAI To
1'2 1 _ 1 TITLE CHAP 12, S
MEC.HANICAL CODE: .71.' 7�7,L ORDINANCES, RESOLUT 0. S,
I N
ORDER OR PARTS THEREOF IN CC.\�.FLICT ITEPEWITH.
MOVED Car;,. ter, SE ONDED by Houch'[_ns than Bill No" 17 be.
passed a entitled Orc"�'. Nc. 1953,
Rc�_`_ call -o e. Those vct yes: Carnenter, Houchil
Rayr. - :nd, Oz and Those -oting nc. nonc. Absc
and n votin-. Nanccla.s.
MOTION CARET
(THIRD R 07 BILL TaC_ 18 TO AMEND TliqE CODE REGARDING FI
PREVENTION
Y. read No, 'S by - 4, � - 1e op,v r as '011ows
AN ORD N. AMENDING T MUNICIPAL CODE OF THE CITY OF
DWELL - Z
L, STATE OF IDAHO, 7 3Y DELETTNG AND ADDING C7RTAIN
LA'�UAGE IN 'TITLE CHAPTEIR 1, SECTION 1 _PERTAINYING TO
ADC-_-`: - ' OF �.TNIFORM . CODE, SECT 6 PERTAININIG TO
ESTAE3T.:ISHMENTS OF LIMIT'S OF ZSTRICT IN WHICH S OF
- 77PLOS 3 7 1E AND -7 'BASTING AGENTS IS TO BE PROH IBITED;
S-'' 7 -, ?ERTAIN - ,-\TG TO A4FNDME_,\_,r_P_S IN TEE UNIFOh _ FIFE
Book 33 Page 141
CODE: REPEALING ALL ORDINANCES, RESOLUTIONS, ORDER OR
PARTS THEREOF IN CONFLICT HEREWITH.
MOVED by Houchins, SECONDED by Raymond that Bill No. 18 be
passed and entitled Ordinance No. 1954.
Roll call vote. Those
Murdock, and Carpenter
not voting: Nancolas.
NEW BUSINESS
voting yes: Houchins, Raymond, Ozuna,
. Those voting no: none. Absent and
MOTION CARRIED
(REQUEST FROM LEADERSHIP CALDWELL REGARDING WARREN /ROSTOCK PARK
PROJECT)
The Mayor stated that the first item under New Business was a
request from Leadership Caldwell regarding Warren /Rostock Park
Project. He asked the City Engineer to update everyone on
this Project.
Mr. Cory reported that they did meet with the State that
morning along with the contractor, who continues to move
forward. They were now ready to go to work on the renovation
of the creek bottom and the channel. This should be happening
within the next couple of weeks and as soon as it happens on
the Blaine Street side, it will happen on the interior. The
Project is going well and he was optimistic that it would be
completed the middle of October.
The Mayor reviewed the memo from Leadership Caldwell which
read as follows:
As mentioned in letter dated July 22, 1992, Leadership
Caldwell would like to be the facilitators for the renovation
project over Indian Creek. We have been in contact with Jim
Richards from District Three's Idaho Transportation Department
in regards to this project. There is approximately 1.7
million dollars available to the State of Idaho specifically
targeting enhancement projects such as ours. On behalf of
Leadership Caldwell, we would like the City to submit a
request to the Transportation Department (Leroy Meyer) to
obtain funding for this project.
With the expertise of our City Engineer and the Chairman of
the Traffic Commission, funding for this project may become a
reality. The process for applying for these funds is not
complicated. All that's required is a letter from the City
before August 20, 1992, addressing the plan, cost and year we
would like to renovate the project.
We realize funds for this project may not be available right
away, but if the ground work can be laid now, future funds are
a definite possibility. This is a long shot, but we're making
an effort to beautify downtown Caldwell.
Due to the request deadline, it is imperative Council put this
on the Agenda. This will allow us to be given consideration
when the Idaho Transportation Board meets in September.
Signed by members of Leadership Caldwell.
Councilman Ozuna was recognized and stated that as a member of
Leadership Caldwell, he felt that the intent behind the group
was to try and establish a nice area of town. The Committee
wanted to see what kind of funds were available for the City
to pursue. Mr. Ozuna further said that he thought the concern
was that an effort was made to try to obtain resources if out
there. The City has already had three other areas of
priority. He felt that he thought the group would be pleased
if this Project was added as a fourth item to the list of
Book 33
Page 1 � 2
three and send to the Depart,-i',c of T.
MOVED by SECONDED Murdoc,'�. that - this project be added
as ,-,n four item on the ss-tabliz3ned list and Sent to t�.e
Depa.:_, oF. Transportation,
Several - smbers of the audiencc asked to speak to this item
including Carlos Ferreira who expressed his support of this
Profict. ?Ts felt it was time for the business people to
invest in Caldwell an(f that they sino all become involved,
Tine Cit- W,ngineer commer. that this request woi-;-', have to go
t'- t- , Traffic Commission si.-ca they __ave been designated
by the Cwmcil as the group zhat interfaces - ..Iith
Department of Transportation. Since the Traffic Commission
just mst last week, the will aave to ! a Special Session
to disc -= this J.
Ter. Scott, 1315 Ya_`.7way, also spo!�e to the City Council
regarcl to thi item. it" Scott stated that he was a member of
Leadership Caldwell, Along wJ'_t:`a - their request to att.—apt to
receive , ;ome funC for this Project, they would also _Iilce to
be Qesign&tod as the facil_'tators n_7 this Project *_0 work th
the City to try to secure, fi,:nfing.
Counci suggested that Leadership Ca16. designate
one membe to be the con wit the City of Caldwell,
Helen VcnDacK was recognized and expressed her appreciation
for It" Ferreira's ccarents about the business people becoming
more in-olved .th this park. Mrs. VonDack further stated
that there was a businessman in town who owned a part of the
area. If Ois was included in the Project, it wo enh-
th ark a at deal. Perhaps he - ,+ ,, ould be willing to dona"'to
the portion what he c to he used for the
Bob VoMack also the City Council and S that he
di not bc_ th,.c--e should be one individual as - c.�e contact.
He 511 not ;ant it to gat to the extent that the others in the
group 5c not know what was going on. Mr. VonDack further
informed Counc that be wonV like to have them allow
Leadership Caldwell the to work out ho they - -,^'uld
ma_. contact.
The stated that this gmuld be fine and they
determi.. the contact, :kie wouid ask them to get -*.n touc with
the City 7nginee:c_
Mayor Dakar requested a roll call vote. Those voting yes:
Ozuna, Murdoch, Carpenter, Houchins, and Raymond. Those
voting no: none. Absen and not voting: Nancolas.
MOTIOM CARRIED
Councilman Murdock discussed further with Mr. Ferreira the
pcssibi±Aty of getting th-e downtc merclha_nts involved ic the
re7 italic o-ion of Caldwell. Mr. Ferreira suggested that a
meeting be scheduled with the businessman and invite them to
participate.
Councilmon Murdoch suggested Mr. Ferreira take. the
responsibility of getting the merchants organized and
intn=asted in the projects to enhance the downtown area.
(AUTHORIZE THE MAYOR TO SIG`' EASEMENT AGREEMENT WITH IDAHO POWER)
At the zec� est of :,he May_ Dr the Caty Engineer explained that
Idaho Power intends to re-route its 230 Kai line present!-
in the. alley toetween ;Joliet Street and '.,Kearney Street:
adjacent to 1114nois Avsnus. The new location will be along
Kcakrney S ..reet wi nacessi`, the l ine to be relocated
through L Park. While the present local . traverses
Book 33 Page 143
Park, the new proposed location angles from Kearney Street to
the present line at Marble Front Road. Idaho Power will
remove the present double wood poles about 65 feet high and
the new line will be supported with a fewer number of steel
poles about 110 feet high. This also means that the lines
will be higher and that spans will be longer. The new
suspension system should be aesthetically more pleasing.
Idaho Power will pay the City of Caldwell approximately $8,000
for the easement.
MOVED by Raymond, SECONDED by Murdoch to authorize the Mayor
to approve and sign the new easement agreement.
Roll call vote. Those voting yes: Raymond, Ozuna, Murdoch,
Carpenter, and Houchins. Those voting no: none. Absent and
not voting: Nancolas.
MOTION CARRIED
(SET PUBLIC HEARING ON ASSESSMENTS FOR LID 92 -1)
The City Engineer reported that the information needed with
regard to the finances for LID 92 -1 is now in place for the
most part. One more piece of information was needed from the
Bond Attorney which is anticipated soon. After that, the next
step was to schedule a Public Hearing to receive and listen to
any objections to the Assessment Roll. After hearing the
protests, the Council must determine if the Assessment Roll is
correct and pass an ordinance confirming the Assessment Roll.
The Clerk shall certify and file the confirmed Assessment Roil
with the Treasurer and the assessments shall be due and
payable to the Treasurer. The date for the Public Hearing may
be set before the Assessment Roll is presented to the Council.
The Assessment Roll will be presented to the Council on August
17th. The recommendation was to set the Public Hearing for
LID 92 -1 for Tuesday, September 8, 1992, at the Regular City
Council Meeting.
MOVED by Murdoch, SECONDED by Ozuna to set the Public Hearing
for L.I.D. 92 -1 for Tuesday, September 8, 1992, at 7:30 p.m.
at the Regular City Council Meeting.
Roll call vote. Those voting yes: Murdoch, Carpenter,
Houchins, Raymond, and Ozuna. Those voting no: none. Absent
and not voting: Nancolas.
MOTION CARRIED
(RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE
GREENBELT CIVIC LEAGUE FOR CONVEYANCE OF PROPERTY)
Teri Ottens, Administrative /Personnel Officer, explained that
three years ago the Greenbelt Civic League deeded
Whittenberger Park to the City of Caldwell. They had acquired
this Park property by donation and purchase. A corner piece
of property purchased was originally part of a larger parcel
across the street. As the ownership transfer took place, it
was discovered that there was a lien on the entire property,
of which this small corner was a part. This lien was placed
by Treasure Valley Bank who refused to release it, even if it
was just on this small corner. Through special efforts on the
part of the Mayor and City Attorney, Key Bank (which bought
TVB) has agreed to release the lien giving the City the
property free and clear.
Mr. Gigray, who was present at the meeting, also commented
with regard to this item. After his comments, the Mayor read
the Resolution as follows:
RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE AN AGREEMENT BETWEEN THE CITY OF CALDWELL AND THE
GREENBELT CIVIC LEAGUE OF CALDWELL, INC.
Book 33
Page 144
IT RESOLVED That the b4ayor and City Clerk of the
City of Caldwell, be and the same hereby are,
authorized to eHacute that certain Agreement
attached hercto and made a part hereof as if set
forth in full by and ontween the City of Caldwell
2nd The Greenbelt Civic league of Caldwell, 10 "r
fcr the conveyance of real property subject to
restrictiono and conditions-
MOVED by Carpentor, SECCNDED by Houchins that the Resole ion
be - �assed „uthori&_ng exec of - the Agreement and to accept
the Deed.
Roll call vote. Those voting yes: Carpenter, Houchins,
Rsymond, Czuna a Murdoch. Thc� e voting no: none. Absent
anc- not vc�tin.g: L\'aivcolas.
MOTION CARRIED
(FINAL PLAT FOR, MORNING MIST I DEVELOPMENT SUBDIVISION)
The - lanning and Zo.a:.`_ng Director, aim Blizzard, rev..'-e-Wed
memo _c the Ma and. Council regarding this item as follows:
Mr. Blizzard explained that this subdivis-'on was a. portion of
Tract L of -,, 'ountain View Subdivisio generally located in the
block boundef by Cherry St. , Indiana Ave. Locust St., aw
Georgia Avenue,
T_,c: owneL, propose to VN±de a vacant 2 acre tract in the 7-2
zoning dis2rict into 13 residential lots. Lot sizes range
from 3850 square feet to approximately 7125 square feet in
area. Access As proposed Cherry Street along a cal-de-
sac stro: A common ara;a is proposed at_ the end of ti Cul-
de-sac abjacent to an irrigation canal. A portion of the
comoon area is proposed for a storm drain pond area. The
entirs develo will be s by a 6 foot hig" wooden
fence.
Dr C'KGROU1"' - An ap'plloatic:� for a special use permit allowing
th:,"a develcp of a residential planned unit development t,-as;
con(5.,,"_:.ional1 approved subse to a public hearing by the
Plann_i_�g and Zoning Cor an June Is, 1992. The dc,,T�,loper
is required by tine Plan:,�;._f_ng and Zoning Commissicn to to
an agreement upon , :for irrigation in compliance with C:i.,ty
within 30 jays from recording final play. The developer
proposes to grovide for irrigation by means of using the.
munici ?I wato= supp_ rath,�A than 7,7ater availably- >. from
P,',oneer 'T�rrigaticn Dist T'ns City Engineer and the '
Sunarintenjent haves not identified any constraints affec
this propose!. The developer also proposes to petition the
irrigation district for exclusion of this parcel. state la
providss that the zmnng au and City Counci", may
approve the of _ with the advice of the
irnigation district. App oval of this plat with - this met,i -od
of nTrigatiov will grant a variance or an exception to the
City Code raquirement to instalL a district approved
irriga_'.on system.
RL Staff recommends - ::hat the Council give
plat approval subject to the following conditions:
1. Prior to development the caner will submit construction
plans, including provisions for street improvements,
-n
draie,7e, street lights, utilities, landscaping, anca any
structares for approval by staff. The construct-ii-on plans
-;All be in substantial conformance with Exhibits 1
Revision 2 and Exhibit 11 which are included with this
report.
2. The sip.. deveiopment standards are:
Book 33 Page 145
a.
Front setback
12
feet
b.
Rear setback
10
feet
C.
Side setback
O
feet and 5
feet
O
feet and 20
feet ( Lots 1 & 13 )
d.
Maximum height
18
feet
e.
Maximum lot coverage
by structures not including
sidewalks, patios,
driveways
or
other improvements
not substantially
above grade -
60 %.
There was some discussion pertaining to irrigation in the
- subdivisions. The Planning and Zoning Director assured the
City Council that he intended to take a closer look at this
and perhaps come back to Council with a policy for subdivision
Code amendment.
MOVED by Murdoch, SECONDED by Houchins that the final plat for
Morning Mist planned Development Subdivision be approved
subject to the conditions as presented by the Planning and
Zoning Director.
Roll call vote. Those voting yes Murdoch, Carpenter,
Houchins, Raymond, and Ozuna. Those voting no: none. Absent
and not voting: Nancolas.
MOTION CARRIED
(INFORMATIONAL MEMO ON ALTERNATE DAY WATER SCHEDULE)
Mayor Dakan informed Council that the City has been doing some
checking on Caldwell's water supply in this seventh year of
drought. The conclusion was that the city was not in any
particular stress at this time. However, it was felt that
alternate day watering and the development of other policies
should be considered for possible shortage in the future.
The City Engineer reported that the Water Superintendent
prepared a memo for Council which gives some background as to
what the City has and the anticipation for the rest of the
year. Mr. Cory felt that the report was quite optimistic that
the system would be able to service the city with domestic
water supply. However, he also points out that it might be
prudent to provide for alternate day sprinkling by adopting a
resolution which would allow the Mayor to declare a water
emergency if it was necessary.
Mrs. Ottens explained that the Staff was asking for direction
from the Council at this time. They would like to come back
to the Council at the next meeting with some policies. The
City Attorney was hopeful that they could tie the policies
into an ordinance to continue on in the future_
MOVED by Murdoch, SECONDED by Carpenter to go ahead and pursue
this with the actual wording coming to Council for a vote at
the Council Meeting two weeks from now.
Roll call vote. Those voting yes: Murdoch, Carpenter,
Houchins, Raymond, and Ozuna. Those voting no: none. Absent
and not voting: Nancolas.
MOTION CARRIED
(FINANCIAL REPORT)
Councilman Murdoch reported that the Finance Committee
reviewed the bills and currently found accounts payable in the
amount of $284,490.68 and a payroll of $174,911.38 for the two
weeks ended July 31, 1992.
MOVED by Murdoch, SECONDED by Carpenter that the accounts
payable in the amount of $284,490.68 represented by checks
number 26122 through 26291 and a payroll for the amount of
$178,911.38 represented by checks number 39462 through 39699
Book 33
Page 145
be aacepten, the bills pai?, and the vouchers filed in the
Office of the city Cler
Rn",'l call vote. Those voting yes: Murdoch, Carpenter,
Hou,-, Re and Ozuna— Those voting no. none. Abs(-.'I--t
and votL:Lg Nan=las.
MOTION CARRIED
(AUDIENCE PARTICIPATICN)
Mayor Daken asked if there was anyone in the audience who
cared w address the City Council on any item that was not
includef, on the - p: , ,- - eparer1 Ag enda..
Car-Los Ferrc-ira was feoogn- and stated that he would
to have the City continue with the Code Enforcement Officer as
he. felt 4t was - raking differe,:,ce in t' ne com L - mun
ity.
Mr, 7errei.- also c-ommentec with regard to the bud, t s y.,`-n
g g s a -
that he felt it important fsr the City to have an Acquisition
Map. As further statsd that he thought the City stauld be
more ayzessive with Capital improvements particularly with
regard to the Tr8atment Plant.
(COMMITTE REPORTS)
Councilman Qzuna reported that ha met with the Canyon County
Coalition., on Crime and also a Special Meeting of the Golf
BosTI. Is, were discus�:od and decisions made.
Councilman Murdoch stated that probably the most important
thing x qht now was the � dget meatings. He explained some of
the areas that the Council was stressing during the work
sessions.
(MAYOR'S CG,
Mayor Da comme-oted on 'ji Babs Ruth Tournament, the Little
Britches Rodeo, the Caldwell Night Rodeo, and the Canyon
County Fair.
(ADJOURN)
MOV77 by Cz SECONDED by Raymond that since there was nQt
business, the Meeting be adjourned at 8:30 p—T-1.
Roll ca-1 - \rote. ":"'hose vc- yes, Ozuna, Murdoch, Carpenter,
14o�.ichins, and Ray.r,ond. T.nose vc no. none. Absent and
n o=r Nancolas.
MOTION CARRIED
APPRG�T—D �S THIS 17t DAY OF August 1 1 ?? 2.
Y r
LI
Co ' n Councli person
n,
ti its
Counc±lpe� son Ccuncilyerson
ATTEST:
/too
City Clerk .1