HomeMy WebLinkAbout1975-03-04city council minutesBook 16
REGULAR MEETING
March 4, 1975
8:00 P. M.
The meeting was called to order by Mayor Pasley.
Page 47
The roll of the Council was called with the following Council
members present: Gamboa, Dakan, Carter, McCluskey, Williams,
and Banks.
(APPROVAL OF MINUTES)
MOVED by Banks, SECONDED by McCluskey to dispense with the reading
of the minutes of the Regular Meeting of February 18th, 1975,
and the Special Meeting of February 27th, 1975, and approve them
as written.
(AUDIENCE PARTICIPATION)
The Mayor asked if there was any audience participation. There
being none, the Mayor declared the meeting to continue as outlined
on the Agenda.
(DISCUSSION ON LAND ACQUISITION FOR NEW AIRPORT)
The Mayor stated that at the Council Meeting of February 18th, the
Council authorized Mr. Smith to proceed with the offer at the
appraised price and advise the people that if they want to sign,
they were welcome to do so but the City could not accept the
Agreement until after the hearing on the 27th and 28th of
February. Since then, the hearing was postponed until March 17th.
The City Attorney cannot be to the hearing on the 17th of March,
so was going to ask for an additional postponement. The Mayor
said that it was the City Attorney's recommendation after he and
the Mayor had a conference phone call with the two gentlemen from
the F.A.A. Office, to proceed with the acquisition of the property.
The Mayor recommended that the Council change their action by
motion and authorize the negotiator to proceed with the acquisition
of this real estate immediately. The reimbursement of this
money would be delayed perhaps as much as a month because at
the meeting with the F.A.A. the recommendation was that the
Grant offer not be made until the property was under bid; this
date being April 15th.
Councilman Dakan asked if the City definitely has the Grant. He
stated that he felt the City should perhaps hold off as planned
before signing the agreements. The Mayor answered that the
Grant offer will not be made until approximately April 15th
because they now want the City to get the property under bid
so they can combine the grant offer for the property acquisition
and the development. The F.A.A. felt that there might be some
extra funds available as their fiscal year ends.
Councilman Dakan still stated that he felt the City should have
full authorization of the Grant before signing. Councilman
McCluskey also stated that he felt there should be some written
assurance of this Grant money as the City could be placed in a
rather difficult position if the acquisition proceeded and then
the monies were not available.
The Mayor stated that they have set aside the $980,000 and there
was no way that the City would not get this money. The Mayor
told the Council that he felt after the F.A.A. men advised the
City to go ahead with the purchasing of the land that if the
City does delay in getting this procedure started, the City
Book 16
Page 48
would be in danger of losing the $980,000 already set aside
and budgeted.
Councilman Gamboa stated that he felt the City should go ahead
as instructed as this was the way this type of project was done.
He brought out the fact that if the phases of the project were
not carried out and the deadline met, the funds could be lost.
After a lengthy discussion, it was MOVED by Williams, SECONDED
by McCluskey that the Council take a day or two to study this
situation and meet again at 3:00 P.M. on Thursday, the 6th
of March.
(CANYON ABSTRACT AND TITLE - ESCROW PROPERTY)
MOTION CARRIED
The Mayor said that he would like to make a statement that if
the Council does authorize the negotiators to go ahead with
the purchase of this ground, that at the request of the City
it will be put in escrow at Canyon Abstract and Title Company
because the Council has extreme confidence in the ability of
Mr. Gamboa to take care of the title requirements properly. In
consulting with Mr. Gamboa about the City's request to have him
do this, Mr. Gamboa asked the Mayor to announce they will do it
because they want to do something for the City of Caldwell. They
will either not charge the City for this service or they will
charge for the service and then Mr. Gamboa and the Company will
reimburse the City by a donation to any cause that the Council
requests.
The Mayor further stated that he would like to point out the
fact that Mr. Gamboa and his Company have made contributions
running into the many hundreds of dollars to the City by not
charging for title work that they have done for the City.
The Mayor said that he would like to publicly express the
City's appreciation. The work for the Airport, the Swimming
Pool, and the school trade was all done by Mr. Gamboa and
his Company at no cost to the City. Both Councilman McCluskey
and the City Engineer, Mr. Lewis, expressed their appreciation
for the many services donated by Mr. Gamboa.
(BOARD OF CORRECTIONS FOR IRRIGATION TOLLS)
The Mayor said that the next order of business was the Board
of Corrections for Irrigation Tolls as it applies to the
Caldwell Municipal Irrigation System. The Mayor asked if there
was anyone present who had a comment concerning their irrigation
toll. Since there was not, the Mayor declared the tolls to be
correct.
(PEST GO PERFORMANCE BOND)
The Mayor read a letter from Rick Sonnenberg of Pest Go. The
letter stated that the City Tree Spraying Contract requires
certain insurance stipulations. The insurance needs were
met, but Pest Go was unable to get the $1,000 Performance
Bond written due to lack of liquid assets. This was due to the
fact that the Company was young and they have had to buy a
great deal of equipment and because of this they cannot show a
capital balance large enough to meet the requirement. Pest Go
was asking the City to drop the requirement for the Performance
Bond.
Book. 16
Page 49
MOVED by Dakan, SECONDED by Banks that this performance bond
of Pest Go be dropped.
MOTION CARRIED
(CERTIFICATION OF STREET REVENUE AND EXPENDITURES FOR 1974)
The Mayor stated that this has been duly published in the paper
on February 22, 1975, as instructed, and the City Clerk has filed
the Certification with the County Clerk and Auditor's Office
and with the State Auditor on February 14, 1975. The report
read as follows:
CITY OF CALDWELL
ANNUAL CERTIFICATION OF STREET
REVENUE AND EXPENDITURES
January 1, 1974 to December 31, 1974
REVENUE:
Taxes (Levied for Street Related Use only)
Unexpended 1973 Street Funds brought forward $ 26,294.78
General Property Taxes 149,465.52
Penalties and interest on taxes 777.10
Licenses 100.00
Motor Fuels Excise Tax Funds 166,382.64
Road and Bridge Tax 64,154.64
State Sales Tax 24,169.87
Street Sidewalk and Curb Repair 395.98
Miscellaneous Revenue 1,454.21
Gas tax refunds 129.30
Refunds and Reimbursements 23,436.86
Total Revenue 456,760.90
DISBURSEMENTS:
Administration
27,826.91
Construction
76,592.05
Automotive Equipment
12,803.74
Other Machinery and Equipment
27,062.97
Maintenance
74,438.17
Snow and ice control
10,023.47
Storm Sewers and Drainage
13,695.61
Street Lighting
36,917.44
Street Cleaning
46,347.79
City Shop
35,155.16
Total Disbursements
360,823.31
Unexpended balance
95,937.59
I, Robert E. Pasley, Mayor of the City of Caldwell, State of
Idaho, do hereby certify the above is a true and accurate report
of the street revenue and expenditures for the calendar budget
year, 1974.
MOVER by Williams, SECONDED by Carter that the Certification
of Street Revenue and Expenditures for 1974 be approved and
entered into the minutes, and that the Affidavit of Publication
be placed on file in the City Clerk's Office.
MOTION CARRIED
(REQUEST OF A.I.C. FOR ARTICLE ON CALDWELL)
The Mayor read a letter from the A.I.C. asking if they could
feature Caldwell in the June, 1975, issue of the Idaho Cities
Magazine. The Mayor said that he felt this was quite an honor
to have the article printed, but the letter stated at the end of
the request as follows: "We would also appreciate it very much
Book 16
Page 50
if you could contact some of the major businesses in your
community and ask them to provide an add to compliment your
article. A rate card is enclosed for your use." The Mayor and
the Council agreed that Caldwell doesn't need the advertisement
that much and that they would prefer not doing the article
under those conditions.
(CALVIN OAKLEY -- POOL LICENSE)
The Mayor presented an application from Calvin Oakley for a
pool and card license. The application seemed to be in order
except for the fact that he did not state the address or
name of the business in question. The fee was paid, but the
............._
Mayor and Council felt that this application could not be acted
upon at this time due to the fact that it was not completely
filled out.
(RESOLUTION 9 -75 - VACATION OF PORTION OF THIRD AVENUE)
The Mayor asked the Council to include this business on the
Agenda even though it was not included on the printed Agenda.
It was business that was discussed at the last Council Meeting,
but was overlooked when the Agenda was drawn up.
The Mayor read the Resolution and Notice as follows:
RESOLUTION 9 -75
SPONSORED BY Banks
BE IT RESOLVED By the Mayor and City Council of the City
of Caldwell, County of Canyon, State of Idaho, that the Clerk
of the City of Caldwell, State of Idaho, gives notice that a
petition has been presented to the Mayor and Council of the
City of Caldwell, State of Idaho, pursuant to the provisions
of 50- 1306A, Idaho Code, for the passage and approval of an
ordinance vacating
THIRD AVENUE FROM THE NORTHEASTERLY LINE EXTENDED
OF GLAVESTON STREET TO THE SOUTHWESTERLY BOUNDARY OF
U.S. HIGHWAY 20 -26 -30 AS SET FORTH IN EXHIBIT "A
ATTACHED.
as set forth in the Notice attached hereto and made a part hereof
as though set forth in full.
BE IT FURTHER RESOLVED That said Notice be given in two
(2) publications in the Caldwell News - Tribune on the following
days, March 8th and March 15th , 1975.
BE IT FURTHER RESOLVED That written notice of public
hearing on said Petition shall be given by certified mail with
return receipt requested at least ten (1) days prior to the date
of public hearing to all property owners within three hundred
(300) feet of the boundaries of the areas described in the
Petition.
PASSED BY THE COUNCIL of the City of Caldwell, this 4th
day of March ,1975.
APPROVED BY THE MAYOR of the City of Caldwell, this 4th
day of March , 1975.
N O T I C E
NOTICE IS HEREBY GIVEN AS FOLLOWS:
1. That an application has been presented to the Mayor
and Council of the City of Caldwell, Idaho, pursuant to the
provisions of 50- 1306A, Idaho Code, for the passage and approval
of an ordinance vacating
Third Avenue from the Northeasterly line extended of
Galveston Street to the Southwesterly boundary of U.S. Highway
20- 26 -30, more particularly described as follows:
Book 16
Page 51
Beginning at the Southerly corner of Block 24 of Golden Gate
Addition to Caldwell, Idaho as of record and on file in the
Office of the Recorder of Canyon County, Idaho;
thence Northeasterly along the Southeasterly boundary line of
said Block 24 of Golden Gate Addition, 120.00 feet to its
intersection with the Southwesterly right -of -way line of U.S.
Highway 20 North.; thence Southeasterly along the Southwesterly
right -of -way line of U.S. Highway 20 North, 80.00 feet to the
intersection of the Northwesterly boundary line of Block 25 of
said Golden Gate Addition; thence Southwesterly along the
Northwesterly boundary line of said Block 25, 120.00 feet to the
intersection of the Southwesterly boundary line of said Block 25;
thence Northwesterly, 80.00 feet to the Southerly corner of said
Block 24, being the POINT OF BEGINNING.
2. That said application will be considered under a
suspension of the requirements that an ordinance be read on
three different days at a meeting of the Council of the City of
Caldwell, Idaho to be held on the 18th day of March ,
1975, at the hour of Seven Thirty P.M., Mountain Daylight Time,
at the Council Chambers in the City Hall in the City of Caldwell,
Idaho; when and where, or prior to which date any citizen or
any owner of property may file with the Clerk of the City of
Caldwell an objection to the vacation of said property and any
objections so filed will be considered by the Council of the City
of Caldwell at said meeting.
DATED this 4th day of March 1975.
The City Engineer stated that he had given the names of the
property owners to the City Clerk and they would be notified
of this vacation.
Councilman Banks sponsored this Resolution. MOVED by Banks,
SECONDED by McCluskey that this Resolution be passed. The Mayor
called for a roll call vote. Those voting yes: Banks, Gamboa,
Dakan, Carter, McCluskey, and Williams. Those voting no: none.
MOTION CARRIED
(BILL NO. 5 - ORDINANCE NO. 1353)
The Mayor asked Councilman McCluskey to sponsor and read the
following bill:
AN ORDINANCE TO AMEND TITLE 1, CHAPTER 5, SECTION 4, OF
THE CITY CODE OF THE CITY OF CALDWELL, COUNTY OF CANYON,
STATE OF IDAHO, BY CHANGING THE TIME OF THE REGULAR SESSIONS
OF THE CITY COUNCIL FROM 8:00 P.M. TO 7:30 P.M.; REPEALING
ALL PROVISIONS AND SECTIONS INCONSISTENT THEREWITH; AND
PROVIDING FOR THIS ORDINANCE TO TAKE EFFECT AFTER ITS
PASSAGE, APPROVAL AND PUBLICATION ACCORDING TO LAW.
It was then MOVED by McCluskey, SECONDED by Carter to suspend
the rule requiring the reading of a bill three separate days and
that Bill No. 5 be read the second time by title and the third
time in full, section by section.
The Mayor called for a roll call vote. Those voting yes:
McCluskey, Williams, Banks, Gamboa, Dakan, and Carter. Those
voting no: none.
The Mayor directed the Clerk to read the Bill the second time
by title and the third time in full.
Book 16
Page 52
MOVED by McCluskey, SECONDED by Carter that Bill No. 5 be
passed and entitled Ordinance No. 1353.
The Mayor asked for a roll call vote. Those voting yes:
McCluskey, Williams, Banks, Gamboa, Dakan, and Carter. Those
voting no: none.
(JEFFERSON JUNIOR HIGH PLAY FIELD - IRRIGATION)
MOTION CARRIED
The Mayor said that in the City's property trade with the
school, the City acquired the play field between Everett and
Grant Streets. There was no way or means to water this field.
The Mayor discussed this with the Parks and Recreation
Department and they submitted three options for the Council tc
consider: (1) Purchase of sprinkler pipe, fittings and
pump, a bid of Caldwell Pump and Sprinklers
of $1753.
(2) Purchase of sprinkler pump only; $918. Rental
of sprinkler pipe, fittings for the season;
$250.
(3) Rental of sprinkler pipe, fittings, and pump
from Rain for Rent in Nampa for $767.55.
The Parks and Recreation Staff recommended Option No. 2. The
Mayor recommended that this money be taken out of the General
Government Revenue Sharing fund. After some discussion, it was
MOVED by Dakan, SECONDED by Gamboa that this problem be solved
by Councilman McCluskey.
MOTION CARRIED
(REQUESTS FOR VARIOUS SCHOOLS)
The Mayor read a letter from Mike Barrett requesting that
Gerald Clark be sent to Motor Vehicle Maintenance Conference
to be held March 24th to March 27tti at the University of Washington
in Seattle. The cost of registration was $50 and personal
expenses was $50 for a total of $100.
The Mayor also read a letter from the Fire Department asking
for various people to attend four schools at a cost of $851.00.
It was MOVED by McCluskey, SECONDED by Dakan to approve the
request for Gerald Clark to attend the Motor School in Seattle.
MOTIO CA RRIED
It was then MOVED by Gamboa, SECONDED by Dakan to approve the
request from the Fire Department for the various people to attend
the four schools recommended by the Fire Chief.
MOTION CARRIED
Councilwoman Williams asked if a running balance couldn't be
kept on this money budgeted for schools. The Mayor assured
her that this would be done.
(BILL NO. 4 - ORDINANCE NO. 1352)
The Mayor stated that the next order of business was the changing
of the wording in the Ordinance pertaining to the school property
trade. Councilman McCluskey read the Bill as follows:
AN ORDINANCE OF THE CITY OF CALDWELL, A MUNICIPAL CORPORATION
OF IDAHO, AMENDING ORDINANCE NO. 1334 OF THE CITY OF CALDWELL
Book 16 Page 53
ENACTED AUGUST 20, 1974, BY DELETING CLASSROOMS FROM THAT
PORTION OF SECTION 4 WHICH PROVIDES THAT SAID CLASSROOMS
MAY BE USED BY THE DISTRICT FROM AND AFTER FIVE YEARS
AFTER DATE OF EXCHANGE OF PROPERTY
MOVED by McCluskey, SECONDED by Gamboa to suspend the rile
requiring the reading of a bill three separate days and that
Bill No. 4 be read the second time by title and the third time
in full, section by section.
The Mayor called for a roll call vote. Those voting yes:
McCluskey, Williams, Banks, Gamboa, and Carter. Those voting
no: none. Abstain: Dakan.
The Mayor directed the Clerk to read the Bill the second time
by title and the third time in full.
MOVED by McCluskey, SECONDED by Gamboa that Bill No. 4 be passed
and entitled Ordinance No. 1352.
The Mayor called for a roll call vote. Those voting yes:
McCluskey, Williams, Banks, Gamboa, and Carter. Those voting
no: none. Abstain: Dakan.
MOTION CARRIED
(REQUEST FOR ANNEXATION - L.D.S. CHURCH AND M. MOTICHKA)
The City Engineer presented the two letters requesting
annexation. The first was to the Mayor and the City Council and
read as follows:
It has been, and_.is: our intent to have the property owned
by the-Church of Jesus Christ of Latter -day Saints which
lies east of Kimball between the center line of Chapel
Drive (south boundary to our _east line) and the.Roy
Motichka property (north boundary) annexed to the City of
Caldwell.
We thought this had been done previously, but was an
apparent oversight.. - . This..is now your. authorization to do
SO.
Sincerely,
/s/ Val Child
Bishop Caldwell 3rd Ward
The second letter was also addressed to the Mayor and Council:
We request that our property described below be annexed
to the City of Caldwell:
The South 80 feet of the Southwest Quarter of the
Northeast Quarter of Section 33, Township 4 North,
Range 3 West of the Boise Meridian.
Yours truly,
/s/ Roy C. Motichka
Bernice L. Motichka
The City Engineer recommended that the Council authorize the
City Attorney to proceed with the ann.exation::of these properties.
MOVED by Gamboa, SECONDED by Banks that the City Attorney be
authorized to proceed with the annexation of these properties.
MOTION CARRIED
Book 16 Page 54
(OBENDORF ACRES - PRESENT REVISED PRELIMINARY PLAT)
The City Engineer presented the revised preliminary plat of
Obendorf Acres. He pointed out to the Council on a map in
the Council Chambers where the boundaries of this plat were
located. The Planning Commission accepted the plan with two
entrances on Ustick Road and an opening of the right -of -way
to the south boundary and would recommend that the City approve
this.
MOVED by Banks, SECONDED by Williams that this revised
preliminary plat of Obendorf Acres be approved.
MOTION CARRIED
(PLANNING COMMISSION RECOMMENDATION FOR ANNEXATION)
The City Engineer stated that at their last regular meeting
on February 25th, the Planning Commission asked that he direct a
letter to the Mayor and City Council regarding their recommendation
for annexation along Cleveland Boulevard southeasterly from Ustick
Road. 'Their action was to recommend annexation of the proposed
area and any additional areas adjacent to the proposed area
that could legally be annexed at this time.
The area proposed for annexation included the properties owned
by:
1. Lloyd Christensen - less than 5 acres
2. John Prachyl - less than 5 acres
3. Robert J. Padget - less than 5 acres
4. Marguerite Padget - less than 5 acres
5. Jay J. Robertson - less than 5 acres
6. Madison McCoy - Bud Grant is contract buyer and
indicated he could secure a request to annex since the
property is more than 5 acres
7. Bud Grant - two adjacent tracts of less than 5 acres
8. Edsal E. Horn - less than 5 acres
9. Jack Hughes - less than 5 acres
10. King - less than 5 acres
11. Idaho 1st National Bank - property on which Happy
Day Ford is located - past indications are that Dwayne
Wolfe would consent to annexation since the property
exceeds 5 acres
12. Dwayne Wolfe - remainder of property owned by Dwayne
Wolfe and would require annexation by consent since the
property is in excess of 5 acres
13. Idaho 1st National Bank - (all of Tract 5 shown on the
map except 75 feet owned by Dwayne Wolfe) - less than
5 acres
14. Lulu Babbitt - (Tract No. 6 shown on the map) - less
than 5 acres
15. Harold Harvis - (Tract No. 6 shown on the map) - less
than 5 acres.
MOVED by McCluskey, SECONDED by Gamboa that these people be
notified and that the City Attorney be instructed to proceed
with the annexation of the properties stated above.
MOTION CARRIED
The City Engineer will advise by letter those people whose
property is to be annexed.
Book 16
(FINANCIAL STATEMENT)
Page 55
Councilwoman Williams stated that the City had bills in the
amount of $53,673.61 of which $1,549.43 was Revenue Sharing;
the payroll totaled $101,319.23 making a total of $154,992.84.
MOVED by Williams, SECONDED by Carter that warrants be issued
for all of these claims and the claims be kept on file in the
Clerk's Office.
MOTION CARRIED
The Mayor said that he had one more item to bring before the
Council. He had been to a meeting that morning with some
gentlemen from the Union Pacific Railroad concerning putting
safety gates on some of the City's street crossings. They would
like to meet with the Council to discuss this and the Mayor felt
it should be a separate meeting and that the members of the
Traffic Safety Committee should be invited as guests. They have
some slides they would like to show and some specific things
they would like to discuss with the Council. Councilwoman
Williams suggested that perhaps this meeting could be held
following the Budget Hearing scheduled for Tuesday, March 11th
at 7:00 P.M. in the Council Chambers.
Councilman Gamboa asked if the Police Department had been given
an increase in their death benefits. The Mayor said it was
discussed with the Police Chief when setting up the budget. This
policy does not expire until April lst.
There being no further business, the meeting was adjourned
at 9 :50.
APPROVED AS writ
ATTEST:
Cie3HClerk
THIS 11th DAY OP M arch , 1975.
(