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HomeMy WebLinkAbout1972-02-28city council minutes217 Application for Bartender Permits approved Application for Bartender Permits were then presented for the consideration of the Council from Mildred M. Prather, C. H. Putney, Sonny Tarbala, and William B. O'Connor. Each application had been appr by the Chief of Police and was accompanied by a receipt from the Clerk for the required fee. It was moved by Councilman Davenport, seconded by Councilman McCloskey, that the applications for Bartender Permits be approved and that the Permits be issued. A vote was taken, and the motion carried. Bills - Mid February It was moved by Councilman Davenport, seconded by Councilman Banks, that the Warrants for Claims be approved as per list and filed in the City Clerk's office. Such t being in the totals as follows: Warrant Numbers 112 thru 139, General Fund ------------------------------ - - - - -- $ 3,238.81 Warrant Numbers 58 thru 70, Water & Sewer Fund: Water ---------------- - - - - -- 509.01 Water, Capital-------- - - - - -- 12,311.57 Water, Gen. Office---- - - ---- 50.20 Treatment Plant------- - - - - -- 637.00 Warrant Numbers 107A thru 128A, Special Funds: Fire ------------------ - - - - -- 325.35 Cemetery'------ ------- - - --- -- 3.96 Street---- ----- - - --- - - --- 829.09 Irrigation------------ - - - - -- 318.10 ,223.0 A vote was taken and the motion carried. Report on potential hazard - Norman Lodge Mr. Norman Lodge was then recognized and he told the Mayor and Council that he didn't come to the meeting for this purpose but would, nevertheless, submit one thing for their consideration. He said that he had no interest in it other than that it was a potential hazard and he then proceeded to explain that, when a large funeral procession was travelling North on Tenth Avenue from Cleveland Boulevard, sometimes there were gaps between the cars. Mr. Lodge ppinted out that when the Patrolman came through in the lead of the procession, his lights were on and flashing so those drivers coming down Blaine Street would stop and let him by, but when the gaps appeared in the procession, these cars were probably running a red light in trying to catch up while the drivers coming down Blaine Street were coming at a pretty good speed. Mr. Lodge added that he didn't know what could be done about it other than to have another Patrolman. this time. The Mayor thanked Mr. Lodge for his observation. No further action was taken by the Council at There being, no further business to come before the Council at thin meeting; it was moved by Councilman Banks, seconded by Councilman Gamboa, that the meeting adjourn. A vote was taken and the motion carried. The meeting adjourned at 10!45 P.M. - _ Mayor City rk COUNCIL CHAMBERS FEBRUARY 28, 1972 1:00 P.M. The Council met pursuant to call and acknowledgement of notice in the following form: We. the undersigned Mayor and Members of the City Council of the City of Caldwell, do hereby acknowledge notice of a Special Meeting of the said City Council to be held in the Council Chambers in the City Hall of Caldwell, Idaho, at the hour of 1:00 P.M. on the 28th day of February, 1972, for the trans- action of all business in connection with the following object: Consideration of a Bill providing for the issuance of installement Bonds of Local Improvement District No. 67; consideration of a Resolution for in- viting and receiving bids therefor; consideration of the issuance of a Redemption Deed; and, consideration for the participation of the City of Caldwell as a party to a sett t offer in an actin identified as Civil No. 71C -691. P - Mayor Witness i natures this 28th day of Febryarg, 1972: Co nci �� Councilman Co nc un lman Councilman Councilman President of the Council, C. A. "Chet" Davenport presiding. NE Upon Roll Call, the following Councilmen answered present: Alfred H. McCluskey, C. A. "Chet" Davenport, Joe Gamboa, James R. Dakan, and Lester E. Carter. Absent: Charles C. Banks. Acting Mayor C. A. "Chet" Davenport stated the purpose of the cal]. for this Special Meeting of the Council and proceeded to the first order of business. Bill No. 6 - Ordinance No. 12118 Councilman Carter introduced in written form Bill No. 6, entitled: AN ORDINANCE CONFIRMING THE CREATION AND ESTABLISFMENT OF LOCAL IMPROVEMENT DISTRICT No. 67 FOR THE CITY OF CALDNELL, IDAHO; CONFIRMING AND APPROVING THE ASSESSMENT ROLL FOR SAID DISTRICT AS FILED IN THE OFFICE OF THE CITY CLERK ON THE 6th DAY OF DECEMBER, 1971, AND ACCEPTED, APPROVED AND CONFIRMED BY THE COUNCIL ON THE 3rd DAY OF JANUARY, 1972; PROVIDING FOR THE PAYMENT IN INSTALLMENTS OF THE COSTS AND EXPENSES OF THE IMPROVE MENTS MADE OR TO BE MADE IN SAID DISTRICT; ASSESSING THE COSTS AND EXPENSES OF SAID IMPROVEMENTS UPON OR ACROSS THE ABUTTING, ADJOINING, CONTIGUOUS AND ADJACENT LOTS, BLACKS AND LANDS AND PARCELS OF LAND, UPON THE LOTS, BLOCKS, LANDS AND PARCELS OF LAND BENEFITS AND INCID DED IN SAID IMPROVEMENT DISTRICT, AND PRESRIBING THE MANNER FOR THE COLLECTION AND PAYMENT OF SAID ASSESSMENT; PROVIDING FOR THE ISSUANCE OF INST BOND OF SAID DISTRICT; PRESCRIBING THE FORM, MATURITIES, MAXIMUM INTEREST RATE, AND ALL OTHER LOCAL LEGAL REQUIRE MENTS REIATIVE TO THE ISSUANCE OF SAID BONDS. which was read for the first time and the Council proceeded to consideration of Bill No. 6. It was moved by Councilman Carter, seconded by Councilman Dakan, that the rules requiring the reading of a Bill on three separate days be suspended and that Bill No. 6 be tread the second time by title and the third time in full, section by section. The Acting Mayor directed the Clerk to call the roll on the above motion with the fol- lowing, result: Those voting in the affirmative: Carter, McCluskey, Davenport, Gamboa and Dakan. Negative votes: None. Absent and not voting: Banks. The Acting Mayor declared the motion had passed by the neces- sary one -half plus one of the members of the full Council and directed the Clerk to read Bill No. 6 the second time by title and the third time in full, section by section. The Clerk read the Bill as directed. It was moved by Councilman Carter, seconded by Councilman Dakan, that Bill No. 6 do pass. The Acting Mayor directed the Clerk to call the roll on the above motion which resulted as follows: Those voting ih the affirmative were: Carter, McCluskey, Davenport, Gamboa, and Dakan. Negative votes: None. Absent and not voting: Banks. Thereupon, the Acting Mayor declared that Bill No. 6 had passed and would be identified as Ordinance No. 121:8 upon being duly signed and approved by the Mayor and duly signed and attested by the Cler} The Acting Mayor dimcted the Clerk to make proper entry of the same and upon having been duly signed and approved by the Mayor and duly signed and attested by the Clerk, to cause said Ordinance No. 12118 to be published in the News - Tribune, the official newspaper of the City of Caldwell, Idaho. Resolution No. 7 Councilman Gamboa sponsored the following Resolution and moved its passage: RESOLUTION N0. 7 BY CCUNCIINAN GAMBOA A RESOT17ION PROVIDING FOR NOTICE OF PROPOSAL TO ISSUE AND SELL BONDS OF LOCAL IMPROVEMENT DISTRICT No. 67 OF THE CITY OF CALD ML, IN THE COUNTY OF CANYON, STATE OF IDAHO, AND INVITING AND RECEIVING BIDS THEREFOR. BE IT RESOLVED By the Mayor and Council of the City of Caldwell, Idaho: Section 1. That notice is hereby authorized, ordered and directed to be given and published as hereinafter provided, that the Mayor and Council of the City of Caldwell, Idaho, proposes to sell and invite written proposals for the purchase of bonds of Local Improvement District No. 67 of the City of Caldwell, Canyon County, Idaho, in the amounts and for the purposes specified in the following form, to wit: NOTICE OF PROPOSAL TO ISSUE AND SELL BONDS OF LOCAL IMPROVEMENT DISTRICT NO. 67 OF THE CITY OF CALWELL, IN THE CCUNTY CF CANYON, STATE OF IDAHO, AND INVITING AND RECEIVING BIDS THEREFOR. Public Notice is hereby given that sealed bids for the purchase of bonds of Local Improvement District No. 67 of the City of Caldwell, in the County of Canyon, State of Idaho, will be received at the office of the City Clark until Monday, the 20th day of March, 1972, at the hour of 8:00 o'clock P.M. Said : bonds shall be in an amount aggregating the principal sum of Eighty -two Thousand Two Hundred Sixteen and Wico Dollars ($82,216.46) in denominations of Five Hundred Dollars ($500.00) each, except Bond No. I which shall be in the amount of Two Hundred Sixteen and 46/100 Dollars ($216.116); said bonds shall be numbered con - sequtively from 1 to 165 inclusive, to be dated March 1, 1972, payable numerically in ten (10) installments, of approximately equal amounts each year, each installment of bonds maturing in respective years annually from 1973 -1982, inclusive; but shall be subject to call on any interest date following the delinquency of lacy installment of the assessment; said bonds to bear interest at such rate or rates not greater than five 2;� 9 percent (5,%) per annum, as may be determined at the time of sale, payable semi - annually on the lst day of March and the lst day of September of each year at the office of the City Treasurer of the City of Caldwell, Idaho, or the Bank of Idaho, Caldwell Office, Caldwell, Idaho. Bidders are to submit said bids specifying the lowest rate of interest and premium, if any above par, at which the bidder will purchase said bonds or the lowest rate of interest at which the bidder will purchase said bonds, and all tenders, bids, or offers to purchase must be addressed to the Mayor and Council of the City of Caldwell, Idaho, without condition or qualifications, and be accompanied by a certified check on some bank in the State of Idaho, payable to the City Treasurer of said City in the arrount of five percent (5 %) of amount, of bid, or being a cash deposit in like amount, to be forfeited to the City as liqui- dated damages should the successful bidder fail or refuse to take up or pay for the bonds within thirty (30) days after the notice by the City of its readiness to deliver said bonds. Unsuccessful bidders will be returned their certified checks. All bids shall be conditioned upon the approving of a satisfactory legal opinion as to the legal- ity of the said issue; provided, however, that said bonds shall not be sold for less than their face or par value and accrued interest at the time of disposal by the City Treasurer, under the general supervision of the Mayor and Council. The said City will furnish the bonds. Each of the said bonds and each of the cou- pons attached thereto, shall be duly and regularly issued in form and contents in conformity with Chapter 17 Title 50 of the Idaho Code of the State of Idaho, and all other laws thereto enabling or in amendment there- of. The City Council reserves the right to reject any or all bids. By order of the Mayor end City Council of the City of Caldwell, Idaho. Mayor ATTEST: City Clerk Section 2. That said notice shall be in the same as hereby ordered, published at lease once a week for a period not less than three consequtive calendar weeks prior to the 20th day of March, 1972, in the News - Tribune, and the City Clerk is hereby authorized and directed to cause said notice to be published as hereinable mentioned and procure proof of said publication in duplicate in the form of publisher's affi- davit, one of which he will preserve as a part of the records and filed in his office, and the other of which he will furnish to the purchaser of said bonds. The motion for passage was seconded by Councilman Carter. A roll call vote was called for when the following Councilmen voted in the affirmative: Gamboa, Dakan, Carter, McCloskey, and Davenport. Nega- tive votes: None. Abrnnt and not voting: Banks. The Acting Mayor thereupon declared that Resolution Yo. 7 had passed. Execution of Corporate Quitclaim Deed authorized The Acting Mayor then proceeded to the presentation of the next order of business and presented for the consideration of the Council the following Corporate Quitclaim Deed: CORPORATE QUITCLAIM DEED THIS INDENTURE, Made this 23rd day of February, 1972, between CITY OF CALUdELL, County of Canyon, State of Idaho, a municipal corporation duly organized and existing_ under the laws of the State of Idaho, the party of the first part, and K'ENNE'TH W. GRONDAHL and DIANNIA GRONDAHL, husband and wife, of Route 1, Caldwell, Canyon County, State of Idaho, the parties of the second part, WITNESSETH, That the said party of the first part, having been hereunto duly authorized by reso- lution of its City Council, for and in consideration of the sum of TEN DOLLARS ($10.00), lawful money of thi United States of America, and other good and valuable consideration, to it in hand paid by the said parties of the second part, the receipt whereof is hereby acknowledged, has..retaised, released, and forever quit- claimed, and does by these presents remise, release and forever QUITCLAIM, unto the said parties of the second part, and to their heirs and assigns, all of its right, title and interest in and to the following 220 described parcel of real estate situated in Canyon County, State of Idaho: Part of the South Hal, HE Quarter, NE Quarter, SE Quarter of Section 15, Township 4 North, Range 3 West of the Boise Meridian; Commencing at the Southeast corner of the Northeast Quarter of the Northeast Quarter of the southeast Quarter of Section 15; thence West on the South line of the said Northeast Quarter of the Northeast Quarter of the Southeast Quarter, 196.11 feet, more or less, to a point 461.0 feet East of the Southwest corner of the said Northeast Quarter of the Northeast Quarter of the Southeast Quarter of the Real Point of Beginning; thence continuing West on the said South line 6.0 feet; thence North and para- llel the East line of the said Northeast Quarter of the Northeast Quarter of the South- east Quarter 132.5 feet, more or less, to a point 30.0 feet South of the center line of Summit Drive; thence Fast and parallel the said center line 6.0 feet; thence South 132.5 feet, more or less, to the Real Point of Be TOGETHER With all and singular the tenements, hereditaments, and appurtenances thereunto belonging or in arTwiss appertaining, the reversion and reversions, remainder and remainders, rants, issued and profit; thereof. TO HAVE AND TO HOLD, All and singular the said premises, together with the appurtenances, unto the parties of the second part, and to their heirs and assigns forever. TITJJITNESS WHEREOF, Pursuant to a resolution of its City Council duly and legally adopted, the party of the first part has caused its corporate name to be hereunto subscribed by its Mayor and its corpor- ate seal to be affixed by its City Clerk, in pursuance to said resolution, the day and year first above written. (CORPORATE SEAL) ATTEST: City Clerk CITY OF CALWELL By .i1, - i> : vM mayor It was moved by Councilman Dakan, seconded by Councilman McCluskey, that the Mayor and Clerk be authorized to execute the Corporate Quitclaim Deed in behalf of the City of Caldwell. A vote was taken, and the, motion carried. Authorization for City to be made a party to sattlement The final order of business for this special meeting was then referred to and the following read for the consideration of the Council: STATE OF IDAHO Office of the Attorney General Boise 83707 Februayy 18, 1972 Gentlemen: Re: State of New Mexico, at al. Y. United States Gypsum Co__ ii arT,at al . Civil No. 710-691 This office filed the above - referred -to action on August 18, 1971. In our pleadings we alleged an action on behalf of the State of Idaho and its political subdivisions. As of this date, there has been no determination by the Court that this class, as such, would exist. However, Kaiser Gypsum Company, Inc., one of the defendants in this matter, has submitted a settlement offer to all the various plaintiffs which the State of Idaho has determined to accept. This settling defendant has offered a $900,000 settlement fund in total and final settlement of all claims filed. This is to be divided between various subclasses of plaintiffs. The classes will be sub- divided as follows: (1) A class comprised of all dealer plaintiffs, dealer - wholesaler plaintiffs, general contractor and subcontractor plaintiffs; (2) A class consisting of all states, counties, cities, and other local or regional governmental or political subdivisions; and (3) A class consisting of all states and their counties, cities, and other political subdivisions that have filed in an owner- builder class. The State of Idaho is in this class. If you desire to be made a party to this settlement offer, we must first have an authorization from Please provide us with this authorization prior to March 1, 1972. ((Received in City Clerk's Office Very truly yours, City of Caldwell at 8:45 a.m. February 25, 1972) FOR THE ATTORN?Y GENERAL /s/ /s/ City Clerk Richard Greener Deputy Attorney General 221 In answer to the question, the City Attorney informed the Acting Mayor and Councill in that he had discussed this matter with the city Clerk on this date and he commented at this time in that, due to the number of subdivisions involved, he couldn't see where the City could get ahead by very much; however, he could see no harm as a result of the City taking an action to become a party in the settlement. It was moved by Councilman Carter, seconded by Councilman McCloskey, that the Council approve the participation of the City of Caldwell as a party to the settlement offer a$ set forth and that the Mayor and Clerk be authorized to take the necessary steps to so advise the office of the Attorney General. A vote was taken, and the motion carried. It was then moved by Councilman Carter, seconded by Councilman Gamboa, that this Special Meeting of the Council adjourn. A vote wad taken and the motion carried . meeting adjovrne l: P.M. r Mayor C1t C e k COUNCIL OHAMBERS March 6, 1972 8:00 P.M. The regular monthly meeting of the City Council met in the Council Chambers of the City Hall, with Mayor Charles W. Carpenter presiding. Upon Roll Call, the following Councilmen answered present: Charles C. Banks, Alfred H. McCloskey, C. A. "Chet" Davenport, Joe Gmmboa, James R. Dakan, and Lester E. Carter. Presentation of proposed budget by Library Board Mayor Carpenter informed the members of the Council that present in the audience were several representatives of the Library Board who were available to answer questions on the proposed Library budget. He then presented a letter from the Chairman of the Library Board which he read as follows: Charles C. Carpenter Mayor of City of Caldwell City Hall Caldwell, Idaho Dear Mayor Carpenter, The Caldwell Public Library Board held a called meeting February 23, 1972, to discuss the budget for 1912 and the needs of the Library for 1973. The greatest need is for a new library building to replace the old Carnegie building, which opened its doors in May, 1914. The Library Board has been considering additional sites as you and The City Council had requested. This is taking time. The possibility of needing available funds for purchase of a site or for paying for an option has prompted the Board to request that the City Council levy one mill under the Permanent Improvement levy. This would be earmarked for library use speci- fically for purchase of a site or to help in construction of a building. During the discussion for the needs of the library for 1973, the Board checked the rules for State Aid Grants. In a letter from Miss Miller, the State Librarian, she euoted a recom- mendation that the year 1970 be used as a base year and that the increase to a maximum of five mills in a local tax be attained within a three -year period. She also wrote and I quote from her letter "We note that your tax income for 1969 was 70% of the maximum allowable, and in 1970 was 80%, and we are indeed hopeful that your 1971 and proposed 1972 income will have reached the equivalent of the full five mills ". With this in mind the Library Board is requesting that the City Council certify 559,250.00 for the Caldwell Public Library for 1973. This amount should bring the Library 100% in local taxes. The Board realizes that this amount would include the sales tax. In discussing the 1973 budget we know that an old building necessitates more money for maintenance. There is still the possibility that the furnace may need to be changed from coal to gas. So far this past year the furnace has been behaving beautifully. This last year, also, only the Forum Room was painted when the Board had tentatively hoped to paint the rest of the rooms in the basement. This could be done in 1973. The Board also talked about setting aside a small amount of Library income for a building fund. Sec. 33 -2604 of the Idaho Code provides for this. Many Idaho libraries have been able to accumulate needed funds for buildings in this way. Several members of the Library Board are planning to attend the Council meeting on March 6th and will be able to answer questions you and the City Council may have in regard to the Library Board's request. Respectfully, /s/ Wm. J. Brauner, Chairman Caldwell Public Library Board Mayor Carpenter then read the followdng figures compiled for the purpose of considering the reques from the Library Board.