HomeMy WebLinkAbout1974-05-20city council minutesBook 15
REGULAR MEETING
May 20, 1974
8300 P.M.
Mayor Pasley called the meeting to order.
Page 60
The Roll of the Council was called with the following members
present: Gamboa, Dakan, Carter, McCloskey, Williams and Banks.
Absent: None.
Mayor Pasley welcomed the students from the Government Classes of
the High School who were in attendance at the meeting.
(APPROVAL OF MINUTES)
MOVED BY Dakan, SECONDED BY Carter that on page 54 of the minutes
of the special meeting held May 13, 1974, under the heading of
Joseph Thompson request it should be added that the dumping of
septic tank waste into the City's treatment plant be limited to
only those businesses licensed in the City of Caldwell.
W)TTnX rARRTF.n
The Mayor pointed out that the three claims referred to on page
54 were not all for water damage, that the claim from Lyle Kerner
was a claim for property allegedly picked up by the City in the
clean up campaign.
MOVED BY Carter, SECONDED BY Williams to dispense with the reading
of the minutes and they be approved as corrected.
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(BUILDING INSPECTION - Discussion)
The Mayor then read the following memo which had been given to the
Building Inspector May 20, 1974:
Do not issue a building permit until lines are staked for
foundation. Check and see if they comply with all City
requirements before final building permit is issued.
MOVED BY Gamboa to accept the above policy.
There followed a discussion regarding the issuance of building
permits and procedures followed to determine that no rights of way
or utility easements had been violated. Councilman McCluskey
stated that there had already been a policy statement regarding
the issuance of building permits which had been done about a year
ago setting forth the responsibilities of both the City and the
builder, and this memo was only a repetition of what had already
been provided for.
Councilman McCluskey called upon Mr. Payne, a builder, to give his
views. Mr. Payne stated that in Boise when construction began an
unsigned permit was issued, but the concrete coild not be poured
until the permit had been signed.
Councilman Gamboa withdrew his previous motion.
MOVED BY Gamboa that a building permit would be issued upon request
but not signed until footings were ready to be poured, and then the
Building Inspector make inspection and if all right, he would okay
them and then sign the permit.
The motion died for a lack of a second. ,
Mayor Pasley stated that this matter would be tabled for clarifi-
cation by the City Attorney until the next meeting.
(CORNER STONE OF OLD CITY HALL)
The Mayor announced that the City was in possession of the corner
stone from the old City Hall if any civic group would like to do
something with it.
(BILL NO. 16 - ORDINANCE NO. 1328)
Mayor Pasley declared this to be the third reading of Bill No. 16,
and Councilman Banks read the following by title only:
Book 15 Page 61
AN ORDINANCE TO AMEND CHAPTER 13, TITLE 11, OF THE CITY CODE OF
CALDWELL, COUNTY OF CANYON, STATE OF IDAHO, BY ADDING A NEW
SECTION TO ENTITLED SECTION 11- 13 -12, TO PROVIDE AUTHORITY FOR
THE CHIEF OF POLICE TO ESTABLISH PARKING ZONES WITH TIME LIMITS
WITHIN THE STREETS OF THE CITY OF CALDWELL AND TO PROVIDE
AUTHORITY WITHIN THE CHIEF OF POLICE, CITY OF CALDWELL, TO LIMIT
THE CLASS OF VEHICLES WHICH MAY PARK ON THE STREETS OF THE CITY
OF CALDWELL IN THE BUSINESS SECTION TO THOSE VEHICLES IN WHICH
THE OCCUPANTS OR DRIVER ARE ENGAGED IN COMMERCIAL BUSINESS.
MOVED BY Banks, SECONDED BY Gamboa that Bill No. 16 pass and be
' entitled Ordinance No. 1328.
The Mayor called for a roll call vote. Members of the Council
voting Yes: Banks, Gamboa, Dakan, Carter, McCloskey and Williams.
No: None. Absent and not voting: None. MOTION CARRIED
(FIREMEN'S UNION CONTRACT - Approved)
The Mayor stated that he, Councilwoman Williams, the Fire Chief
and a member of the negotiating committee of the Union had met
and there was no misunderstanding of the sick leave as it had been
changed to days instead of shifts.
MOVED BY Williams, SECONDED BY Gamboa to accept the agreement with
the sick leave change. MOTION CARRIED
(BILL NO. 19 - ORDINANCE NO. 1329)
The Mayor read a memo from the City Attorney stated that he had
prepared an ordinance providing for the issuing of bicycle lic-
enses and then an alternative as he was not sure if the Council
wanted to license the bicycle by owner or for the life of the
bicycle allowing transfer of license.
MOVED BY Banks, SECONDED BY Dakan to suspend the rule requiring
the reading of a bill three separate days and that Bill No. 19 be
read the second time by title and the third time in full, section
by section.
The Mayor called for a roll call vote. Members of the Council
voting Yes: Banks, Gamboa, Dakan, Carter, McCluskey and Williams.
Not None. Absent and not voting: None. MOTION CARRIED
The Mayor directed the Clark to read Bill No. 19 the second time
by title and the third time in full.
MOVED BY Banks, SECONDED BY Dakan that Bill No. 19 pass and be
entitled Ordinance No. 1329.
The Mayor called for a roll call vote. Members of the Council
voting Yes: Banks, Gamboa, Dakan, Carter, McCluskey and Williams.
No: None. Absent and not voting; None. MOTION CARRIED
(AIRPORT APPRAISAL)
The Mayor reported that at the last meeting the appraisal price of
the airport was reported to be $476,550.00, and since then Council-
man Gamboa had furnished the total appraisal as of July 17, 1973,
said appraisal being in the amount of $499,000.00. He then called
upon Councilman Gamboa to explain the change in the figure.
Councilman Gamboa explained that the City had to have a well site
Councilman Banks stated that the intention was that the bicycle
should be licensed by each owner and if sold, a new license
should be issued to the new owner.
Councilman Banks sponsored the following Bill No. 9:
AN ORDINANCE TO AMEND TITLE 11, CHAPTER 14, OF THE CITY CODE OF THE
CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO, BY PROVIDING
THAT THE LICENSE FEE SHALL BE CHANGED FROM AN ANNUAL FEE OF 'ViTY-
FIVE CENTS (25¢) TO A FEE OF TWO DOLLARS ($2.00) WHICH SHALL BE
FOR THE LIFE OF THE BICYCLE, OR UNTIL SAID BICYCLE IS TRANSFERRED
FROM THE OWNER, PROVIDING FOR ISSUANCE OF A DUPLICATE LICENSE IN
THE EVENT OF LOSS OR DESTRUCTION OF AN ORIGINAL BICYCLE LICENSE;
PROVIDING AN EFFECTIVE DATE; AND REPEALING ALL ORDINANCES OR
PARTS OF ORDINANCES INCONSISTENT THEREWITH.
MOVED BY Banks, SECONDED BY Dakan to suspend the rule requiring
the reading of a bill three separate days and that Bill No. 19 be
read the second time by title and the third time in full, section
by section.
The Mayor called for a roll call vote. Members of the Council
voting Yes: Banks, Gamboa, Dakan, Carter, McCluskey and Williams.
Not None. Absent and not voting: None. MOTION CARRIED
The Mayor directed the Clark to read Bill No. 19 the second time
by title and the third time in full.
MOVED BY Banks, SECONDED BY Dakan that Bill No. 19 pass and be
entitled Ordinance No. 1329.
The Mayor called for a roll call vote. Members of the Council
voting Yes: Banks, Gamboa, Dakan, Carter, McCluskey and Williams.
No: None. Absent and not voting; None. MOTION CARRIED
(AIRPORT APPRAISAL)
The Mayor reported that at the last meeting the appraisal price of
the airport was reported to be $476,550.00, and since then Council-
man Gamboa had furnished the total appraisal as of July 17, 1973,
said appraisal being in the amount of $499,000.00. He then called
upon Councilman Gamboa to explain the change in the figure.
Councilman Gamboa explained that the City had to have a well site
Book 15 Page 62
195 by 200 feet taken out of this area and also on Laurel Street
the dedication that was on the plat had to be shortened, there-
fore the appraisal value that was listed at the last Council
meeting was correct after making these two deletions from the
original appraisal.
(ARTIFICIAL FLOWER USE AT CEMETERY)
The Mayor stated that there had been a misunderstanding on the
use of artificial flowers at the Cemetery and then read the
following statement for the press:
There exists in the minds of some people a misunderstanding
about the policy of the City Council concerning flowers
at the Cemetery. In order to clarify any misunderstandings
the following policy is again stated:
1. Cn Decoration Day weekend, all and any type of
flowers are welcome.
2. Throughout the balance of the year, artificial
flowers are permitted when they can be so placed
on the tombstone that they do not interfere with
lawnmowers used when cutting the grass.
This policy has been adopted by the Council to give all
people an opportunity to remember their loved ones at the
Cemetery, while cooperating with the problems inherent in
maintenance of our beautiful resting place.
(DISTRIBUTION OF REVENUE SHARING)
The Mayor then read the following showing the distribution of
revenue sharing for the federal fiscal year that starts July 1,
1974 through June 30, 1975:
PLANNED EXPENDITURES
CAT$GORIES CAPITOL OPERATING /MAINTENANCE
Environmental Protection $ 30,000
Public Transportation $ 33,335
Health $ 30,000
Recreation $-48,500
Social Services for
Aged or Poor $ 10,000
Multipurpose & General
Govt. $ 25,693
Total $167,528 $ 10,000
The Mayor added that by law this had to be published and had been
published May 18, and after reading it at this meeting it would be
sent into Washington.
(AIRPORT LEASES)
The Mayor stated that he had been requested by the Council to
determine the status of the leases at the airport. He reported
that there were six leases which the City had no copies, and after
checking with the individuals involved, they did not have any
either. He added that there were four individuals who did have
leases, and they were being contacted about moving their hangars
to the new airport.
(CAR SMASHING BUSINESS REQUEST - Denied)
The Mayor stated that the Board of Adjustments had asked the
Council to rule on a request from Mr. Haney for a car smashing
operation, the location to be on Ustick Road between the rail-
road and the freeway. He explained that though this was just
out of the City Limits, it was within the jurisdiction of the
City.
MOVED BY Gamboa, SECONDED BY McCloskey that the request be denied.
MOTION CARRIED
(SEWER EASEMENTS)
Mel Lewis presented sewer easements for the now Junior High School
from Claude D. kbmpler and Twyla M. Wampler, Clarence V. Martin
and Mildred T. Martin, Everett E. Jones,and Anna Pearl Jones,
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Page 63
Darrel Deide, Clerk of the School District #132, Paul A. Hokom
and Bates Gibson.
Mr. Lewis explained that two of these easements were for con-
struction only and contained stipulations. He then read the
following stipulations from Clarence V. Martin and Mildred T.
Martin:
1. A temporary fence is to be built along the West side of
the easement such that the pasture can remain in use
during construction.
2. One single family residence connection will be permitted
to the sewer line from the adjacent property of the
undersigned owners.
Mr. Lewis then read the following stipulations made in the easement
from Claude D. Wampler and Tw,yla M. Wampler:
1. To cooperate with grantors in controlling irrigation
water so as to not adversely affect farming of grantors
2. To not damage crops except as necessary in constructing
sewer line and not to leave same in a condition adversely
affecting irrigation of adjoining lands owned by grantors.
3. To grant to grantors the right under reasonable terms
and conditions to connect with said sewer line.
4. To hold harmless the grantors for any damage caused by
irrigation or farming said premises during construction.
MOVED BY Dakan, SECONDED BY McCluskey to accept these easements
subject to clarification of the title relating to the Jones ease-
ment. MOTION CARRIED
' (SCHOOL DISTRICT - CITY OF GALDWELL EXCHANGE)
The Mayor then read the following letter from the School Board:
The Board of Trustees of School District No. 132 received
the City's proposal with respect to tte property exchange
at their last regular meeting. They discussed the matter
and moved to take the matter "under advisement ". They are
favorable toward the idea but they still have some reser-
vations.
It was our understanding that the Luby Property was in
excess of ten acres and that the piece of land bounded by
Kimball - Marble Front and the rose garden road would be
included in the exchange. We think it must be included to
provide an adequate building space if we are to retain the
baseball field for its present use; and that would be our
desire.
We would also like further clarification and assurance
that the school district could use the auditorium and
gymnasium for school programs after Chef ive year period
without a charge or rental fee. We would not want to
control or limit the use as prescribed by the City. But
we would like to retain the opportunity for school use
"at no cost" for as long as their primary function is a
gymnasium and auditorium.
Another small problem has come up with respect to our
maintenance building and its storage area. We would
likely lose its function soon as it would be in the
area projected for immediate library construction. We
would prefer to retain a small portion of the playfield
across Everett Street (or other suitable property) from
Jefferson for its relocation. If it were to meet with
your approval to locate it there perhaps the City could
use its resources to move it and to build a good chain
link fence around it. This would be necessary since it
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Page 64
would be very accessable from the street and next to
what would eventually be a parking lot. This is a problem
that must also be solved and we do not have the money or
manpower to do it. Therefore it must be a consideration
in the exchange.
Our other area of concern involves the relative value of
the property under consideration. We do feel the trade
had advantages for both taxing units and could be very
beneficial to the people who ultimately pay for all these
kinds of things, the property tax payer.
The estimates made by the local realtors compared a "high
book" price on your property with a "low book" price on
ours and was still almost $100,000 apart. We are anxious
to promote ideas that save tax money and serve the community.
Yet we feel obligated to trade relatively "even ".
With these minor differences we would like to go ahead
with the possibility of exchange and would very much like
to meet your deadline for a decision.
May we hear from you and the Council so we will know how to
get on with what seems to be a good deal for all concerned.
Sincerely,
Jerry L. Evans
Superintendent of
Schools
MOVED BY Williams, SECONDED BY Carter that a letter be written to
the School Board stating that the Council stands on the agreement
that was proposed to begin with. MOTION CARRIED with
Councilman Banks and Councilman Dakan casting negative votes.
(MONTHLY ISSUANCE OF WARRANTS)
The Mayor proposed that warrants be approved at each regular meet-
ing of the Council, but that they be issued once a month after
the first Council meeting, thus saving postage, machine time and
enabling the accounting department to get the monthly reports out
earlier.
MOVED BY Carter, SECONDED BY McCloskey that the Council adopt the
Mayor's proposal. MOTION CARRIED
(FINANCIAL REPORT)
MOVED BY Williams, SECONDED BY Banks to approve the claims in the
amount of $33,234.23, of which there was $2$.80 spent from revenue
sharing money, pay same and keep the claims on record in the
Clerk's office. MOTION CARRIED
(COMMENTS FROM COUNCILMAN McCLUSKEY)
Councilman McCloskey stated that he felt that the appraisal for
the school property was not the important factor in the proposed
trade with the School District, rather it was what was in the
best interests of the City as a whole.
(COMMENTS FROM COUNCILMAN CARTER)
Councilman Carter thanked the government class from the High
School for their presence at the meeting.
( COMMENTS FROM THE AUDIENCE)
The Mayor recognized Francis Doo who asked when the school -city
exchange would take place. The Mayor replied that the City had
asked for June 25 as completion date, but it would all depend if
the City and School District could get together.
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The Mayor recognized Linda Cooper who asked where the shed referred
to in the letter was located. The Mayor replied that it was between
10th aril 11th and Dearborn and Everett, and it had been suggested
by the City that it be moved behind Lincoln School, and hopefully
the Library would be built in that area.
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