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HomeMy WebLinkAbout1975-05-06city council minutesBook 16 REGULAR MEETING May 6, 1975 7:30 P.M. The meeting was called to order by Mayor Pasley. Page 99 The roll of the Council was called with the following members present: Gamboa, Dakan, Carter, McCluskey, Williams, and Banks. Absent: none. (APPROVAL OF MINUTES) MOVED by Williams, SECONDED by Carter to dispense with the reading of the minutes of the Regular Meeting of April 15th, 1975, and the minutes of the Special Meetings of April 9th, 21st, 22nd, 23rd, 28th, and the 29th, 1975, and approve them as written. (AUDIENCE PARTICIPATION) The Mayor stated that this was the time set aside at the Council Meetings for participation from the audience. The Mayor said that a letter had been left with the City Clerk to be read at the Council Meeting which was subsequently read by the Mayor as follows: To the Mayor and City Council I would petition the city council to give me an opinion regarding the flow and control of water adjacent to my property, located at 1115 North Fifth Avenue, (Fifth and Kearney). Each of the past two years, I have complained about the matter I now present. Last year I was told at a meeting of the council, when I was before them on another matter, that it was not the responsibility of the City to clean and or maintain the ditch ?storm drain? borrow pit? or sewer as the case may be. I feel however that that opinion was that of the Mayor, and not of the council. This year I have had hauled in and leveled at my expense over forty yards of fill dirt. This, however, does not remove the problem of water overflow onto my, property. When the Boise River is high, the storm drain does not adequately remove the water which overflows from irrigation, and thus the water is caused to back up in the ditch and onto my land. The only function of the ditch, is to catch water that comes from property to the east of me, and which runs through a the placed by the street department, under Fifth Avenue. There is now water approximately 16 inches deep, sitting in the ditch. It will not drain, partly because there is not adequate storm drain facilities, and partly because of tires, boxes and dirt which come from the street adjoining the ditch, and additionally from cattails and grasses which grown in the ditch. This is the only section, (150 feet long), in the entire length of Fifth Avenue that is not covered or cleaned by the City. It is about ten feet from my property line, and I feel that there is just cause to believe it to be a problem for the City Street Department, and that is my sole purpose in requesting an opinion as to the ownership Book 16 and the responsibility for it's maintenance. Page 100 If I am expected as per City Code, to maintain property from my line to the center of the street or alley adjacent thereto, according to the City Code, I want to know what I am to do to eradicate the problem of standing and overflowing water when the drainage is not adequate to facilitate the means to the end. Thank you. /s/ Arthur Honey The Mayor requested that Mr. Lewis, the City Engineer, answer Mr. Honey's question. Mr. Lewis stated that if Mr. Honey would furnish the tile and other materials that the City would furnish the labor to correct this problem. Mr. Lewis said that this had been the City's policy for some time. (OPENING OF TETON STREET) The Mayor stated that he had received letters from the City Attorney, the Police Chief, the Fire Chief, the City Engineer, and the Public Works Supervisor all giving the recommendation that Teton Street be opened. The Mayor recognized Mr. Addison who stated that the water pressure in the area of his home on Teton Street was very low during the summer months and he was concerned about fire protection. The Fire Chief, Mr. Perfect, assured him that the pumper truck from the Fire Station would handle any fire in this area and the Mayor assured him that the new well would correct this situation this summer. Mr. Addison further said that he was in favor of the opening of Teton Street, but was not pleased with the fact that it may not be maintained as well as they would like. Councilman Banks stated that this problem of opening Teton Street had been referred to the Planning Commission for their recommendation. At their last meeting on April 29th, they unanimously recommended that Teton Street be opened. Councilman Gamboa pointed out that when the City Council accepts or approves a plat, that road is dedicated and the City assumes that road; therefore, the City would be obligated to open the road. It was agreed by the Council that Councilman McCluskey and Councilman Carter would notify the Roads and Street Department to open Teton Street. Mr. Addison was assured by the Mayor that it was up to the property owner to curb and gutter and that if there was an interest by the property owners along Teton Street in an L.T.D. being formed, they were to talk with Mr. Lewis, the City Engineer. (CONSIDERATION OF U.P.R.R. REQUEST CONCERNING TRAIN SPEEDS) The Mayor stated that the next order of business was consideration of a request made by the Union Pacific Railroad to increase the train speed through Caldwell to 40 miles per hour providing that the railroad put gates on all of the street crossings from Fourth Street to Twenty -first Street. Councilman Book 16 Page 101 Gamboa asked if this meant the train would be going 40 miles per hour at the engine or at the caboose. He felt that the railroad should-clarify this. The Police Chief stated that he felt the 40 miles an hour speed for the trains was too fast for Caldwell as the tracks go right through the middle of town and therefore, there was a lot of foot traffic across the tracks. MOVED by Carter, SECONDED by McCluskey that this request from the Railroad for the trains to increase speed to 40 miles per hour through the City of Caldwell be referred to the Traffic Safety Commission. MOTION CARRIED (CONSIDERATION OF PROPERTY ACQUISITION AT NEW AIRPORT SITE) The Mayor stated that the court decision concerning the new airport was favorable to the City and the Department of Transportation. He further stated that the Grant Agreement had been accepted by the City and that it would seem proper at this time to authorize R. W. Smith and Associates to proceed with property acquisition. There was much discussion between the members of the Council and the City Attorney concerning this. It was then MOVED by Dakan, SECONDED by McCluskey that the City of Caldwell proceed with the land acquisition by negotiation with the provision that should there be a ruling of any court enjoining or restraining the City and /or the F.A.A. from proceeding with the project prior to the time that the contract and monies are placed in esc row; in which event, the monies would not be placed in escrow and the contract sale and purchase would be voided. MOTION CARRIED The City Attorney further stated that there was the possibility that one or more of the property owners will not sign -a negotiated - contract. In the event that happens, the City Attorney recommended and it was also the recommendation of the appraiser and the land acquisition consultant that were already hired, that the City obtain another appraisal to assure the City as best possible that the appraisal values the City had were accurate. The Mayor also stated that the review appraiser also recommended this and sent a list of appraisers that he knew were competent which were in the file. It was agreed by the Council that this procedure be followed. (EXTENSION OF TWO ?SOUR PARKING) The Mayor read a letter from the Chief of Police concerning the parking meters in the City. The letter stated that there was no question that the two hour parking in the downtown area has worked very well. The Police Chief requested that he be authorized to remove the rest of the clocks in the metered area, post the area as two hour free parking the same as the core area was posted. He further requested that he be authorized to post the Northeast and the Southeast parking spaces on the corner of Arthur and Ninth Street as two hour parking. MOVED by McCluskey, SECONDED by Carter to accept the Police Chief's recommendation concerning the two hour parking in the City of Caldwell. MOTION CARRIED Book 16 (CONSIDERATION OF A PARK FOUNDATION) Page 102 The Mayor said that at a previous meeting the Park and Recreation Board requested the Council to approve their request to form a Park Foundation. At that time, no action was taken as the Council did not feel they fully understood what the Board was requesting. Councilman Banks has since explained to the Council members that this would be a foundation formed that would make themselves available to accept donations to the Caldwell Park Foundation by people who might desire giving money or property to this Foundation. MOVED by Banks, SECONDED by Dakan that the Park and Recreation Department be authorized to form the Caldwell Park Foundation whose assets they would control. MOTION CARRIED (RESOLUTION 14 -75 - WATER DEPOSITS) Due to some definite - problems with the water deposit ruling set down previously, the Mayor stated that a change in the Resolution had been drawn up by the City Attorney. The Mayor read this Resolution and Rule as 'follows: RE IT RESOLVED that the attached Rule promulgated by the City Clerk on the 6th day of May, 1975, be, and the same is, hereby approved. APPROVED BY THE MAYOR of the City of Caldwell, this 6th day of May, 1975. R U L E From and after September 1, 1974, there shall be deposited a sum of $20.00 for metered water furnished by the Water Department of the City of Caldwell, County of Canyon, State of Idaho. This deposit shall be required of every new water user from and after September 1, 1974, and shall not be required of water hookups prior to that date. Said $20.00 deposit shall be returned to the water user when said water user ceases to use metered water, after first applying the deposit to any delinquent water payment. Providing further that said $20.00 deposit shall be returned to any individual or individuals who are owners of record or contract purchasers of the real property on which the metered water is being furnished after six months use of the metered water by the individual or individuals without any delinquency in payment to the City of Caldwell for use of the metered water. Dated this 6th day of May, 1975. The Mayor further explained that the refund will be collected at the Treasurer's Office. Councilman Carter was the sponsor for this Resolution and it was MOVED by Carter, SECONDED by Banks that this Resolution be adopted and designated as Resolution 14 -75., The Mayor called for a roll call vote. Those voting yes: Carter, McCluskey, Williams, Banks, Gamboa, and Dakan. Those voting no: none. MOTION CARRIED Book 16 Page 103 (BILL NO. 8 - ORDINANCE NO. 1356 - CHURCH AND MOTICHKA ANNEXATION) Mr. Lewis, the City Engineer, explained that this annexation was the North part of the Church Addition property and Mr. Motichka's property. It was referred to the Zoning Board for their recommendation in compliance with the law. The letter from the Zoning Board was read by Mr. Lewis as follows: We, the Zoning Board for the City of Caldwell, after due consideration and after advertised public hearing, recommend - to you that the property that the attached legal description describes be zoned "B" residential when it is annexed into the City of Caldwell. Sincerely, /s/ Bob Nicholes Chairman Caldwell City Zoning Board Mr. Lewis then read the Ordinance as follows: AN ORDINANCE DETERMINING THAT : CERTAIN LAND IS CONTIGUOUS AND ADJACENT TO THE CITY OF CALDWELL, STATE OF IDAHO, AND DECLARING SAID LAND, BY PROPER LEGAL DESCRIPTION THEREOF, TO BE A PART OF THE CITY OF CALDWELL, CANYON, IDAHO; AND PROVIDING THAT SAID REAL PROPERTY SHALL BE INCLUDED IN THE "B " RESIDENTIAL ZONE OF THE CITY OF CALDWELL, CANYON COUNTY, IDAHO, This Ordinance was sponsored by Councilman Dakan. It was then MOVED by Dakan, SECONDED by Gamboa, to suspend the rule requiring the reading of a bill three separate days and that Bill No. 8 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: Dakan, Carter, McCluskey, Williams, Banks, and Gamboa. Those voting no: none. MOTION CARRIED The Mayor directed the Clerk to read the Bill the second time by title and the third time in full. It was then MOVED by Dakan, SECONDED by Gamboa that Bill No. 8 be passed and entitled Ordinance No, 1356. The Mayor called for a roll call vote. Those voting yes: Dakan, Carter, McCluskey, Williams, Banks, and Gamboa. Those voting no: none. MOTION CARRIED (SPRING FLING) The Mayor read a letter that was requested to be on the Agenda for the meeting. The letter was asking the Mayor to proclaim May 10th as Spring Fling Festival Day in the City of Caldwell and was inviting the Mayor and the Council to attend. A waiver of the $10.00 booth fee was requested as the proceeds from the Festival were for City Parks improvement. MOVED by Banks, SECONDED by Carter that the $10.00 booth fee be waived. MOTION CARRIED (REPORT ON CLAIM SUBMITTED BY COATNEY) The Mayor stated that a claim was submitted by a Mr. and Mrs. Book 16 Page 104 Coatney several meetings previous asking for $53.00 for ambulance service for their son who was transported from the Swimming Pool to the Hospital. The Mayor received, a copy of a letter sent from the insurance representative to the Coatney's stating that they felt the boy's accident was not from negligence on the City's part and their claim was denied. (BILL NO. 9 - ORDINANCE NO. 1357 - CHANGE IN CEMETERY ORDINANCE) The Mayor stated that the Sexton asked that the Council establish two things that would be new to the Cemetery. One would be double burial and the other would be that cremation burials be allowed. The City Attorney explained that in the Ordinance, Section 8 -5 -5 would be repealed which provides the price of the burial lots and in the same Ordinance that repeals this there would be a provision that the Council shall by petition of the Clerk establish by Resolution the fees and such other regulations concerning the Cemetery that may be necessary. The Ordinance involved was sponsored by Councilman Dakan and read.by Councilman Dakan as follows.: AN ORDINANCE TO AMEND TITLE 8, CHAPTER 5, OF THE MUNICIPAL CODE OF THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO, BY REPEALING SECTION 8 -5 -5 AND BY SUBSTITUTING THEREFOR A NEW SECTION 8 -5-5 AUTHORIZING THE CLERK OF THE CITY UPON APPROVAL OF THE COUNCIL TO ESTABLISH FEES AND PURCHASE PRICES FOR BURIAL LOTS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH: AND PROVIDING FOR THIS ORDINANCE TO TAKE EFFECT AFTER ITS PASSAGE, APPROVAL AND PUBLICATION ACCORDING TO LAW. MOVED by Dakan, SECONDED by Gamboa to suspend the rule requiring the reading of a bill three separate days and that Bill No. 9 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: Dakan, Carter, McCluskey, Williams, Banks, and Gamboa. Those voting no: none. MOTION CARRIED The Mayor directed the Clerk to read the Bill the second time by title and the third time in full. It was then MOVED by Dakan, SECONDED by Gamboa that Bill No. 9 be passed and entitled Ordinance No. 1357. , The Mayor called for a roll call vote. Those voting yes: Dakan, Carter, McCluskey, Williams, Banks, and Gamboa.. Those voting no: none. MOTION CARRIED The Resolution was sponsored by Councilman Dakan and read by Councilman Dakan as follows: BE IT RESOLVED that the fees and regulations set forth in the Petition attached hereto and made a part hereof as though set forth in full are hereby adopted by the Council, City of Caldwell. APPROVED BY THE MAYOR of the City of Caldwell, this 6th day of May, 1975. Book 16 Page 105 P E T I T 1 0 N COMES NOW, The Clerk, City of Caldwell, and petitions the Council, City of Caldwell, to establish the following regulations of cemetery lots: (1) No deed shall be issued for any lot within a cemetery until all fees and purchase prices have been paid. (2) Fees for lots shall be as follows: Adults: Space $ 75-00 Grave Fees 75.00 Perpetual Care 25.00 $175.00 Use of equipment by out of City funeral homes $ 25-00 Baby: Space $ 7.50 Grave Fees 7.50 Perpetual Care 10.00 $ 25.00 Potters Field, Adults: Grave Fees $ 50-00 Perpetual Care 10.00 130MMES Potters Field, Baby: Grave Fees Perpetual Care Space in Block "0" Grave Fees Perpetual Care 7,50 Space in Block "0", Lots 29 30,31,32. $ 35.00 Grave Fees 7,50 Perpetual Care 7-50 $ 50-00 (3) Double Burials. Double burials are hereby authorized in any lot in which the rock formation of the property permits. Fees for double burials are as follows: Space $ 100.00 First grave opening 75.00 Second Grave opening 50.00 (4) Cremation Burials. Cremation burials are hereby authorized and Block 11 0", Lots 29, 30, 31, and 32 are hereby set aside to be used exclusively for cremation burials. Said cremation burials shall not be made in any lot outside Block "0", Lots 29, 30, 31, and 32. MOVED by Dakan, SECONDED by Gamboa, that Resolution 15-75 be passed.. The Mayor called for a roll call vote. Those voting yes: Dakan, Carter, McCluskey, Williams, Banks, and Gamboa. Those voting no: none. MOTION CARRIED 10.00 $ 17.50 $ 125.00 75.00 25.00 $ 225,00 Space in Block "0", Lots 29 30,31,32. $ 35.00 Grave Fees 7,50 Perpetual Care 7-50 $ 50-00 (3) Double Burials. Double burials are hereby authorized in any lot in which the rock formation of the property permits. Fees for double burials are as follows: Space $ 100.00 First grave opening 75.00 Second Grave opening 50.00 (4) Cremation Burials. Cremation burials are hereby authorized and Block 11 0", Lots 29, 30, 31, and 32 are hereby set aside to be used exclusively for cremation burials. Said cremation burials shall not be made in any lot outside Block "0", Lots 29, 30, 31, and 32. MOVED by Dakan, SECONDED by Gamboa, that Resolution 15-75 be passed.. The Mayor called for a roll call vote. Those voting yes: Dakan, Carter, McCluskey, Williams, Banks, and Gamboa. Those voting no: none. MOTION CARRIED Book 16 (LIFE INSURANCE - GROUP) Page 106 Councilwoman,Williams explained that Standard Insurance Co. raised the premium for employee's life and accident insurance so the City asked for bids from insurance companies. She stated that five bids had been received which were as follows: Metropolitan Life; $2.30: Standard; $2.72: Southwestern Life; $1.80 Continental. Life and Accident; $1.66: and Grange Mutual; $1.04. MOVED by McCluskey, SECONDED by Williams that the City accept the bid from Grange Mutual to handle the insurance for $2,000 life insurance and $2,000 for accidental death and dismemberment with the City paying half and the employee the other half. (AGREEMENT WITH HIGHWAY DEPARTMENT FOR TRAFFIC SIGNALS) MOTION CARRIED The Mayor stated that the City Engineer had an agreement to present to the Council. The City Engineer, Mr. Lewis, said that he had a number of documents as it was a Federal Aid Project, but he would read the Agreement only at this time. This Agreement was for upgrading the traffic signals at Main and Kimball, and Arthur and Kimball. The City Engineer read this agreement as follows: STATE /LOCAL AGREEMENT (CONSTRUCTION) For Project No. SRS 14-611(4 Location Kimball and Arthur and Kimball and Main City Caldwell THIS-AGREEMENT, Made and entered into this 7th day of May , 19 75 , by and between the IDAHO TRANS- PORTATION DEPARTMENT, DIVISION OF HIGHWAYS, hereinafter called the "State ", and City of Caldwell acting by and through its M hereinafter called the "Sponsor ". WITNESSETH: WHEREAS, the Sponsor has requested the State to program a project for Federal participation in the construction costs of Project No.. SRS 14- 611(4) , described as upgrading existing traffic control devices _ to be constructed with Sponsor's forces. NOW, THEREFORE, in consideration of the premises and of the several promises to be faithfully performed by each as herein- after set forth, said Parties do hereby agree as follows: SECTION I That this Agreement is entered into for the purpose of complying with certain provisions of the Federal Aid Highway Safety Act of 1973 in obtaining Federal -aid Highway funds participation in the construction of the aforesaid project. SECTION II 1. :The total construction cost, based on a detailed estimate, Exhibit "A ", is the sum of Nine Thousand Two Hundred Twentv E ($9 ) struction engine amount for which Sponsor will be participation. 2. Federal ht and 18/100 - - - - - - - Dollars , excluding preliminary engineering and con - ering costs, and which sum is the maximum to receive Federal -aid participation. The responsible.for all costs less Federal -aid participation in the costs of .the .project will be governed by the applicable section of Title 23, U.S. Code Book 16 Page 107 (Highways) and rules and regulations prescribed or promulgated by the Federal Highway Administrator. SECTION III. That the State will: 1. Program construction of the project and execute all necessary agreements with the Federal Highway Administration (FHWA) covering the Federal Government's pro rate share of eligible construction costs (approximately 90 percent). 2. Designate a resident engineer supplemented by such additional personnel as the State deems necessary, to supervise and inspect construction of the project in accordance with the plans, specifications and estimates therefor in the manner re- quired by applicable State and Federal regulations. This en- gineer, or his authorized representatives, will prepare change orders and final project documents. 3. Upon completion of the project and receipt of the project documents from the Sponsor, arrange for the final voucher to be paid by the FHWA. 4. Retain its record of the project for a period of three years after FHWA payment of the final voucher. SECTION IV. That the Sponsor: 1. Certifies that all rights -of -way were acquired for this project prior to the enactment of Public Law 91 -646, dated January 2, 1971, and that none have been acquired in anticipa- tion of this particular project. 2. Will submit to the State all documents and billings for reimbursement of the labor, equipment and materials and associated expenditures in proper form and detail and certified that the services have been performed, and that the .Sponsor has made payment therefor. 3. Upon completion of the project, will maintain the same to the satisfaction of the State. It is understood that any failure to maintain said project in a satisfactory manner will jeopardize the future allotment of Federal -aid highway funds for projects which may fall within the jurisdiction of Sponsor. 4. Further agrees to indemnify the State and hold it harmless against any and all suits, actions, claims, or losses of every kind, nature and description, including costs, expenses and attorney fees, that may be incurred by reason of any act or omission, neglect or misconduct of the Sponsor or its consultant in the design, construction and maintenance of the work which is the subject of this Agreement. 5. Comply with Appendix A, Title 49 CFR, part 21, attached hereto and made a part thereof. SECTION V. The use and occupancy of the right of way of this project by utility facilities will be controlled by the State's Policy for the Accommodation of Utilities Within Rights of Way of the Federal -Aid Highway. Systems in the State of Idaho. SECTION VI . The Sponsor represents that its Mayor is authorized by proper resolution to enter into this Agreement, and the State represents that the Idaho Transportation Board has authorized the Administrator, Division of Highways to enter into this Agreement. IN WITNESS WHEREOF, the State has caused these presents to be executed by its Administrator, Division of Highways, attested to by his Secretary, and the Seal of the IDAHO TRANSPORTATION DEPARTMENT, DIVISION OF HIGHWAYS, affixed thereto; and the Sponsor has caused these presents to be executed by the Mayor , attested to by its Clerk , and its corporate Seal affixed thereto. Mr. Lewis then read the Resolution 16 -75 which authorizes the execution of the Agreement: WHEREAS, the Idaho Transportation Department, Division of Highways, hereinafter called the State, has submitted a Cooperative Agreement stating obligations of the State and Book 16 Page 108 the City of Caldwell , Idaho, for the improvement for existing traffic control devices at Kimball and Arthur and Kimball and Main under Federal Aid Project SRS 14- 611(4) and, WHEREAS,.the State is responsible for obtaining compliance with laws, standards and procedural policies in the development, construction and maintenance of improvements made under the Federal Aid Highway Act; and, WHEREAS, it is intended that the project shall be developed and constructed so as to receive Federal Participation in the amount of 90 percent of the cost. NOW, THEREFORE, BE IT RESOLVED: 1. That the Cooperative Agreement for Federal Aid Project SRS 14- 611(4) is hereby approved. 2: That the Mayor and the City Clerk are hereby authorized to execute the Cooperative Agreement on behalf of the City. 3. That duly certified copies of the resolution shall be furnished the Idaho Transportation Department, Division of Highways. Passed and approved this 6th day of May, 1975. Councilman Carter was the sponsor of this Resolution authorizing the execution of the Agreement with the Idaho Transportation Department, Division of Highways. MOVED by Carter, SECONDED by McCluskey that the Resolution be adopted and designated as Resolution 16 -75. The Mayor called for a roll call vote. Those voting yes: Carter, McCluskey, Williams, Banks, Gamboa; Dakan. Those voting no: none. MOTION CARRIED Mr. Lewis further informed the Council that there was also a right -of- way - certificate. There was no right -of -way involved, but a certificate still has to be filed stating that if there were the City would comply with the regulations. Mr. Lewis then read this Resolution 17 -75 as follows: To accompany Right of Way Certificate for F.A. Project No. SRS 14- 611(4) . WHEREAS, City of Caldwell intends to construct 'traffic Controls under Federal -aid Highway Project No. SRS 14- 611(4) ; and WHEREAS, federal funds for the improvement depend upon compliance with federal and state laws governing procurement of right of way; and WHEREAS, City of Caldwell has complied with the aforesaid laws and regulations in procuring right of way for Federal -aid Highway Project No. SRS -14- 611(4__ NOW, THEREFORE, BE IT RESOLVED: 1. That the _ Mayor is authorized execute a RIGHT OF WAY CERTIFICATE certifying that the afore- said laws have been complied with. 2. That copies of the executed certificate shall be furnished to the Idaho Transportation Department, Division of Highways. Passed and approved this 6th day of May, 1975- This Resolution was sponsored by Councilman McCluskey. Book 16 Page 109 MOVED by McCloskey, SECONDED by Carter that this Resolution No. 17 -75 be adopted. The Mayor called for a roll call vote. Those voting yes: McCloskey, Williams, Banks, Gamboa, Dakan, and Carter. Those voting no: none. MOTION CARRIED Mr. Lewis further stated that there was no relocation in this project so that a motion must be made to authorize the Mayor to execute the document that says there was no relocation. MOVED by Banks, SECONDED by McCluskey that this document be executed by the Mayor stating there was no relocation. (SEWER EASEMENT LOT 5, BLOCK 1 OF RON ° S REPLAT) MOTION CARRIED Mr. Lewis, the City Engineer, informed the Council that in the recent plat of Ron ° s Replat of Blocks 23 and 24, the City neglected to get an easement for a sewer. Mr. Lewis recommended that the Council accept this easement. MOVED by Banks, SECONDED b Gamboa that this easement for a sewer be accepted. MOTION CARRIED (INDEMNITY AGREEMENT - TURNER) Councilman Dakan informed the Mayor that this Indemnity Agreement signed by Ed. E. Turner and Tom Turner for use of Block 63, Lot 109, Spaces 4 and 5 was, in order. It was then MOVED by Dakan, SECONDED by Carter that this Indemnity Agreement be approved. MOTION CARRIED (NEW CHURCH AT TENTH AND USTICK) Mr. Lewis, the City Engineer, asked the Council to authorize the approval on the part of the City the intended change of zoning from agricultural to residential so this Church can be located at the corner of Ustick and Tenth and in the future the County be requested to direct any planning or zoning changes or requests to the City Planning Commission MOVED by Banks, SECONDED by McCluskey that the City authorize the location of this new church at the corner of Tenth and Ustick. MOTION CARRIED (BILL NO. 10 - ORDINANCE NO. 1358) The Mayor said that there was a proposed property trade for property located on the rim of Canyon Dill known as the Old Quarry and a barn located on property on Savannah and 'Illinois. The City would propose to trade the Old Quarry site for property described as Lot 24 of Block 2 of Meadow View Addition as well as the barn on Savannah and Illinois. A public hearing was set for July 15th, 1975, and the Ordinance for this transaction was ready to be presented. Councilman McCluskey sponsored this Ordinance and read the same as follows; Book 16 Page 110 AN ORDINANCE OF THE CITY OF CALDWELL, A MUNICIPAL CORPORATION OF IDAHO, DECLARING THE INTENT TO EXCHANGE THE FOLLOWING DESCRIBED REAL PROPERTY TO C. L. AND GAY COTTER, CALDWELL, CANYON COUNTY, IDAHO, SAID PROPERTY BEING OWNED BY THE CITY: QUARRY SITE Beginning at a point 205.0 feet West of the Northeast corner of the Northwest Quarter of Section 15, Town- ship 4 North, Range 3 West of the Boise Meridian; thence mouth 32 2' West, 201.8 feet; thence youth 11 29' West, 594.4 feet; thence West to the East bank of the irrigation canal commonly known as the Roswell Canal owned by the Riverside Irrigation District, a corporation; thence Northerly along the East bank of said canal to its intersection with the North line of the Northwest Quarter of said Section 15; thence East along the North line of said Northwest Quarter to the point of beginning, containing 4.4 acres more or less, and subject to the right -of -way of the Riverside Irrigation District fdr -the said Roswell Canal. PROVIDING THAT SAID REAL PROPERTY SHALL BE EXCHANGED FOR PROPERTY OWNED BY C. L. AND GAY C. OTTER, CALDWELL, CANYON COUNTY, IDAHO, WHICH SAID REAL PROPERTY IS DESCRIBED AS FOLLOWS: Lot 24 of Block 2 of Meadow View Addition to the City of Caldwell on file and of record.in the office of the Recorder of Canyon County, Idaho. PROVIDING THAT THE CONSIDERATION RECEIVED BY THE CITY OF CALDWELL IS ADEQUATE; PROVIDING THAT SAID EXCHANGE IS IN THE BEST INTERESTS OF THE CITY OF CALDWELL; PROVIDING THAT A PUBLIC BEARING SHALL BE HELD ON SAID PROPOSED EXCHANGE; PROVIDING THAT NO EXCHANGE SHALL OCCUR UNTIL AT LEAST SIXTY (60) DAYS HAVE EXPIRED FROM DATE OF PASSAGE AND APPROVAL OF THIS ORDINANCE; PROVIDING THAT SAID EXCHANGE SHALL BE SUBJECT TO CERTAIN TERMS AND CONDITIONS; PROVIDING NOTICE OF PUBLIC HEARING SHALL BE PUBLISHED; PROVIDING FOR THIS ORDINANCE TO TAKE EFFECT AFTER ITS PASSAGE, APPROVAL AND PUBLICATION ACCORDING TO LAW. Councilman Gamboa pointed out that there should be one addition to the Quarry Site description stating: and subject to the right -of -way of the Riverside Irrigation District for the said Roswell Canal. This was added to the description as stated. MOVED by McCluskey, SECONDED by Carter to suspend the rule requiring the reading of a bill three separate days and that Bill No. 10 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. Abstain: Dakan. Those voting no: none. MOTION CARRIED The Mayor directed the Clerk to read the Bill the second time by title and the third time in full. It was then MOVED by McCluskey, SECONDED by Carter that Bill No. 10 be passed and entitled Ordinance No. 1358. The Mayor called for a roll call vote. Those voting yes: Book 16 Page 111 McCluskey, Williams, Banks, Gamboa, and Carter. Abstain: Dakan. Those voting no: none: MOTION CARRIED (FINANCIAL STATEMENT) Councilwoman Williams stated that there was bills in the amount of $102,727.20 of which $26,180.53 was Revenue Sharing. There was also a payroll in the amount of $95,692.24. This makes a total of $198,419.44. MOVED by Williams, SECONDED by Banks that warrants be issued for all of these claims and the claims be kept on file in the Clerk's Office. MOTION CARRIED Councilman McCluskey stated that he had been asked by numerous people as to where the signal was that was ordered for Tenth and Grant. The Chief of Police assured him that he would follow this up to see why it had not been received. Councilwoman Williams informed the Council that the improvements at the Cemetery were looking great and that she hoped the rest of the Council would drive up to see this as she and Councilman Carter had done. Councilman Banks told the Council that the Planning Commission had recommended that the.name of Wilson Street in the Nicol - Farwell Addition be changed to Everett. MOVEV Banks, SECONDED by McCluskey that the Wilson Street in the Nicol- Farwell Addition be changed to Everett. MOTION CARRIED There being no further business, the meeting was adjourned at 9:30. APPROVED AS written THIS 20th DAY OF May , 1975. Councilman Councilman J - ATTEST: Mayor 0 City Clerk -