HomeMy WebLinkAbout1975-05-20city council minutesBook 16
REGULAR MEETING
May 20, 1975
7:30 P.M.
The meeting was called to order by Mayor Pasley.
Page 117
The roll of the Council was called with the following members
present: Gamboa, Carter, McCluskey, Williams, and Banks.
Absent: Dakan.
(APPROVAL OF MINUTES)
MOVED by Carter, SECONDED by Banks to dispense with the
reading of the minutes of the Regular Meeting of May 6th
and Special Meetings of May 12th and May 16th, 1975, and
approve them as written.
MOTION CARRIED
(MAYOR COMMENTS ON EDITORIAL WRITTEN BY NLR. WEBER)
The Mayor said that he would like to remark, particularly to
the Press, concerning an article appearing in the Dews Tribune
that evening criticizing the Maycr and City Council as well as
Councilman Gamboa personally, for designating Canyon Abstract
and Title Company as the firm to handle the escrows in regards
to the new airport. Mr. Weber felt this was a conflict of
interest on Mr. Gamboa's part as he was the owner of Canyon
Abstract and Title Company.
The Mayor stated that Mr. Weber had previously been employed
by the City and was fired by the City Council for various
- reasons. The Mayor further stated that if Mr. Weber had read
the newspaper some weeks ago this was discussed publicly at
a City Council Meeting that Mr. Gamboa was doing this work at
the specific request of the City Council and he advised the
Council, and it was publicly stated, that any monies collected
by Canyon Abstract and Title for doing this escrow work would
be donated back to the City of Caldwell to any cause that the
Council would select. The Mayor desired that the fact that
there was no conflict of interest involved here be stated
publicly and that Mr. Weber's remarks were resented. Mr.
Gamboa will not profit one penny from doing this work; he was
asked to do this because the Council had confidence in him.
(WELL SITE PROPOSAL AT BIG SKY ESTATES)
The Mayor asked Mr. Lewis, the City Engineer, to comment on
this. Mr. Lewis stated that the only point of resolution was
the provision of a water line along Spruce Street from Montana
to Washington. The Public Works Supervisor's letter to Wally
Frank stated that Mr. Frank should pay for the $4600 for that
main. All other points have been resolved. Mr. Frank was
asking that in lieu of-the well site the City put in that section
of main. The.City would obtain an easement to go on the land
and drill the well, maintain it and build a pump house. In
return, it would be protected for one hundred feet around the
well from any sewers or any under ground irrigation. Much
discussion was held concerning this well site and whether it
should be an easement of if a fee title was necessary.
Councilman Gamboa suggested that, if possible, the City get
an easement now subject to when it was permanently located
they convey to the City a fee title. Councilman Gamboa pointed
out that if in the future they decide to get Federal Money and
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Page 118
only have an easement for the well and don't have a fee title,
the City might be hampered.
MOVED by Banks, SECONDED by Carter that the City go ahead with
the expenditure of this main subject to all of the stipulations
and a fee title be given if necessary at the time the well
was done.
MOTION CARRIED
(INTRODUCTION OF DAVE MALONE FROM HOSPITAL CORPORATION OF AMERICA)
The Mayor introduced to the Council and the audience Mr. Dave
Malone of Hospital Corporation of America from Nashville,
Tenn. Mr. Malone was 'here working on getting the new hospital
for Caldwell started by next March.
Mr. Malone expressed his appreciation to the City of Caldwell
for their welcome to him and to the Hospital Corporation of
America. His main purpose for coming to the Council Meeting
was to ask the City to abandon Fairview by the present Hospital
and to give the title to the Hospital Corporation of America
to enable them to construct the new hospital where this portion
of Fairview was now located. This would be subject to the
Corporation acquiring ownership of two houses remaining there.
Mr. Malone explained that it was necessary for the Hospital
Corporation of America to do this so far in advance so they
could present their building plans to their lenders for their
approval. The Mayor assured Mr. Malone that this consideration
was on the Agenda later on.
(BID OPENING - GRAVEL)
The Mayor requested that Mike Barrett open the bids received
for crushing gravel. Mr. Barrett opened the bids as follows:
1. Jerry Kendall, Boise, Idaho
Total bid: $25,650.00
2. B. C. Rambo Co., Nampa
Total bid: $35,250.00
3. Nelson Deppe, Inc., Nampa
Total bid: $77,150.00
Mr. Barrett recommended that he be excused from the Council
Meeting so he could check the extensions and report back later
in the meeting to give his recommendation.
(LETTER FROM IDAHO OREGON REGIONAL PLANNING AND DEVELOPMENT ASSOC.)
The Mayor read a letter from the Idaho Oregon Regional
Planning and Development Association stating that the City's
application was filed for a grant to build a Senior Citizen's
Center. It was all complete with the exception of forms
1194 and 274. Form 274 sets up a bank account for H.U.D.
funds should they be granted and Form 1194 establishes who
will be able to draw on the account once it was created. The
letter stated that one of the Council members should move to
designate the City Attorney as the authorizing official. The
City Attorney should then designate the Mayor and City Clerk
as the persons authorized to draw on the account.
MOVED by McCluskey, SECONDED by Williams that the City Attorney
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Page 119
be the authorizing official for H.U.D. funds for the Senior
Citizen's Center should the funds be granted.
w assual awm. I Mojb
The City Attorney then designated_ the Mayor and the City
Clerk as the persons authorized to draw on the account. The
Mayor stated that the Bank of Idaho was selected as the
depository.
(CONSIDERATION OF HOSPITAL REQUEST - CLOSE FAIRVIEW AVENUE)
The Mayor read a letter received from the Caldwell Memorial
Hospital signed by Don Francis, the Administrator. The letter
stated that Hospital Corporation of America was intending to
build a new hospital and hoped to begin by March 1, 1976. In
order to build the hospital as designed, it would be necessary
for it to be located in the City block encompassed by Logan
Street, Tenth Avenue, Elm Street, and Fairview Avenue. The
Corporation was now in the process of acquiring property not
already owned by the Hospital. The purpose of the letter was
to seek official commitment from the City of Caldwell to close
Fairview Avenue between Logan and Elm Street, provided that
the Hospital was able to acquire ownership of the two houses
left on this street.
The Mayor said that he and Councilman Gamboa went with Mr.
Malone and Mr. Francis to look at Fairview. Hospital
Corporation of America would like a letter from the Council
stating that if H.C.A. does acquire the remaining property,
the City will vacate Fairview from Logan up to a point of
62.62' from Elm Street. This would permit Dr. Muench some
parking space along the.side of his office.
MOVED by McCluskey, SECONDED by Carter that a letter be written
to the-Hospital Corporation of America stating the City's
intent to vacate Fairview Avenue upon the acquisition of all
the property up to a point of 62.62' from Elm Street.
MOTION CARRIED
This would be just the intent right now, but a public hearing
will have to be set as well as an Ordinance adopted.
(BILL NO. 11 - ORDINANCE NO. 1359 - CITY PRECINCTS)
The Mayor stated that this Ordinance was to establish the
new precints for voting in the City which will then coincide
with the County Precincts. Councilman McCluskey sponsored this
Ordinance and read as follows:
AN ORDINANCE REPEALING CHAPTER 2, TITLE 12, OF THE CITY
CODE OF THE CITY OF CALDWELL AS IT PERTAINS TO THE DIVISION
OF THE CITY INTO PRECINCTS AND ENACTING A NEW CHAPTER 2,
TITLE 12, OF THE CITY CODE ESTABLISHING PRECINCTS FOR
VOTING; REPEALING ALL SECTIONS INCONSISTENT THEREWITH;
PROVIDING FOR THIS ORDINANCE TO TAKE EFFECT AFTER ITS
PASSAGE, APPROVAL AND PUBLICATION ACCORDING TO LAW.
BE IT ORDAINED BY THE 14AYOR AND COUNCIL, CITY OF
CALDWELL, COUNTY OF CANYON, STATE OF IDAHO, THAT:
SECTION 1. Chapter 2, Title 12 of the City Code of
Caldwell, Canyon °County, Idaho, be repealed.
SECTION 2. ..Chapter 2, Title 12 of the City Code of
Book 16_
Page 120
Caldwell,: Canyon :County, Idaho, be enac=ted to read as
follows:
SECTION:
12 -2 -1: .PRECINCTS: The City is hereby divided into six (6)
Precincts as follows :.
First Precinct: All that part of Caldwell lying South
and East of the main track of the
Union Pacific Railroad, South and
East of Tenth Avenue, North and West
of a line extending from the.
intersection of the centerlines of
Logan Street and Tenth Avenue to the
intersection of the centerlines of
Fillmore Street and Twelfth Avenue,
North and East of Fillmore Street,
North and West of Twentieth Avenue,
North and East of Cleveland Boulevard
and East of South Georgia Avenue.
Second Precinct: All that part of Caldwell lying East
- of that section of Washington Avenue
473.78 feet in length North of the
intersection of Washington Avenue and
Spruce Street, North of that section of
Spruce Street from Montana Avenue to
Washington - .Avenue, South of 'a line
473.78 feet North and parallel with the
centerline-of Spruce Street and
extending from Montana Avenue to
Washington Avenue, East of Montana
Avenue, South and East of a lino
extending from the intersections
of the centerlines of Logan Street
and MontanaAvenue to the intersection
of the centerlines of Seventeenth
Avenue and Fillmore Street, South and
West of Fillmore Street, South and East
of Twentieth Avenue, South and West
of Cleveland Boulevard and West of
South Georgia Avenue.
Third_Precinct: All that part of Caldwell lying North
and East of the main track of the Union
Pacific Railroad, North and West of
Sixth Avenue and Sixth Avenue extended,
North and East of Ithaca Street, North
and West of North Kimball Avenue, North
of Marble Front Road, West of the section
of Rose Garden Hill Road extending from
Marble front Road to the centerline
of the Notus Canal, West of the
centerline of the section of the
Notus Canal extending. from Rose
Garden, Hill Road to Lincoln Street
and North of Lincoln Street.
Fc> rth Precinct: All that.part of Caldwell lying North
and East.of the main .track of the Union
Pacific Railroad, South and East of
Sixth Avenue and Sixth Avenue extended,
South and West of Ithaca Street, South
and East of North Kimball Avenue, South
of . .Front.Road, East of the section
of Rose Garden Hill Road extending
Book 16 Page 121
from Marble Front Road to the
centerline of the Notus Canal, East
of the centerline of the section of the
Notus Canal extending from Rose Garden
Hill Road to Lincoln Street and South
of Lincoln Street.
Fifth Precinct: All that part of Caldwell lying South
of Logan Street, South and East of a
line extending from the intersection of
the centerlines of Logan Street and
Tenth Avenue to the intersection of the
centerlines of Fillmore Street and
Twelfth Avenue, South and West of
Fillmore Street, North and West of a
line extending from the intersection of
the centerlines of Seventeenth Avenue
and Fillmore Street to the intersection
of the center lines of Montana Avenue
and Logan Street and West of the section
of Montana Avenue extending from Logan
Street to Beech Street.
Sixth Precinct: All that part of Caldwell lying South
and West of the main track of the
Union Pacific Railroad, North and West
of Tenth Avenue and North of Logan Street.
SECTION 3. All ordinances or parts of ordinances in
conflict herewith are hereby repealed.
SECTION 4. This ordinance shall be in full force and
effect from and after its passage, approval and publication
according to law.
MOVED by McCluskey, SECONDED by Carter to suspend the rule
requiring the reading of a bill three separate days and that
Bill No. 11 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. Absent and not
voting: Dakaii.
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. 11 be passed and entitled Ordinance No. 1359.
The Mayor called for a roll call vote. Those voting yes:
McCluskey, Williams, Banks, Gamboa, and Carter. Absent and
not voting: Dakan.
MOTION CARRIED
The Mayor informed the Council and audience that a Microfilm
Viewer was purchased for the City which will enable the City
Clerk to establish if citizens were registered or not in just
a few moments.
(PARKING UNDER THE TENTH STREET OVERPASS)-
The Mayor asked Mr. Lewis, the City Engineer, to conduct the
discussion concerning the consideratiofi of parking under the
Tenth Street overpass. Mr. Lewis stated that the City some
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Page 122
time ago approached the Highway Department on the use of the
South side of the railroad tracks, that area under the Tenth
Street overpass for parking. At that time, the Highway
Department thought there ought to be an agreement from the
Federal Highway Administration. They have changed their mind
and Mr. Lewis stated that he received a letter with four copies
of an application for permit to use right -of -way for parking
under the Tenth Street overpass. There was also a save harmless
clause included. An inquiry by Canyon County was made to use
the parking area on the South side. The highway Department
would rather that the City of Caldwell be responsible for this.
The County was interested in using this for parking around
the Courthouse. It was Mr. Lewis`. that the
City have an agreement with the County stating the same
stipulations as have been given to the City, that is the
upkeep and etc.
MOVED by Carter, SECONDED by McCluskey that the City use the
area under the Tenth Street Overpass for parking and have an
agreement with the County for them to use the South side for
parking for the.Courthouse provided they will agree to the
same stipulations the Highway Department has set for the City
of Caldwell.
MOTION CARRIED
(REQUEST TO OPEN ALLEY IN BLOCK 94, MOUNTAIN VIED] ADDITION)
The Mayor stated that the next order of business was
consideration of a request to open an alley in Block 94,
Mountain View Addition. This was a half a block off Linden at
Illinois Street. The 'Mayor said that most of the Council had
been out to look at this portion of the Mountain View Addition.
Mr. Lewis, the City Engineer, stated that he had received a
petition signed by four property owners of the six property
owners who are adjacent to the alley in Block 94 requesting
that the alley be opened. The City has a policy that the alley
be cleared of all buildings, trees, shrubs, irrigation facilities
and etc., before the alley can be opened. Mr. Lewis further
stated that at the present time there was a carport that was
built almost completely in the alley and some irrigation
facilities that need to be moved. Mr. Lewis said that he had
written to Mr. Lamb who gave him the petition and informed him
that as yet the policy of opening had not been met because the
right -of -way was not cleared and also stating that Mrs. Haberer
wished to withdraw her name from the petition which would make
three that desired the alley to be opened and three who wished
it to remain closed.
The Mayor asked members of the audience if there was any of
them who wished to express their views concerning the opening
of this alley.
The Mayor recognized Mr. Lamb who questioned what the procedure
was for running irrigation across private property. Councilman.
McCluskey told Mr. Lamb that property owners must run the
irrigation to the edge of their property so the next property
owner can have access to the water.
Mr. Lamb furthered questioned as to whose responsibility the
removal of the irrigation facilities, trees, and etc., was.
The Mayor recognized Mike Middleton who stated that if the
alley were opened it would present a hardship not only for
Connie Owens whose door would open on to the alley, but he
felt it would be a detriment to his property as well as the
fact that the alley would run about three feet from his house.
He also felt it would be dangerous for the children in the area.
Book 16 Page 123
Mr, Fred Quizla was then recognized and asked to speak for
his daughter who has a home in the middle of the block and
found it was a real problem backing out into Linden Street.
He further stated that the alley was used for a garbage dump.
Mr. Quizla felt that the alley should be opened or else vacated
so property lines could be established.
The Mayor - recognized Mr. Downen, who stated that he represented
Mrs. Owens, and he would respectfully request that the City
Council not.open this alley as it would present hardships on
his client
Charles :lames Crittendon asked if the deed for property states
the footage. Councilman Gamboa answered him by stating that
the deed does state the footage but as to how it exists on
the ground was to be determined by a survey.
Much discussion was conducted concerning this problem. It
was MOVED by McCluskey, SECONDED by Carter that the property
owners request for the opening of the alley in Block 94,
Mountain View Addition be denied and the recommendation be that
the property owners consider a petition to vacate this alley.
All Council members voted yes to this motion with the exception
of Councilman Gamboa who abstained because he had not gone up
to look at the alley and property in question.
MOTION CARRIED
(FINAL DECISION ON BIDS FOR GRAVEL)
The Public Works Supervisor returned to the Council Meeting to
give his recommendation as to what bid should be accepted for
the gravel crushing: - Mr. Parrett reported that he had checked
the extensions and all three of the bids were correct. Mr.
Barrett recommended that the low bid of .Terry Kendall of
Boise, beaccepted.
MOVED by McCluskey, SECONDED by Banks that the bid of Jerry
Kendall for gravel crushing be accepted.
MOTION CARRIED
(POLICY STATEMENT TO THE BOARD OF ADJUSTMENTS)
The Mayor stated that he would like to read for the record
the policy statement of the Council to be forwarded to the
Board of Adjustments. The Mayor read as follows:
In an attempt to be helpful to the Board of Adjustment,
the Mayor and Council express the following opinion:_
The Zoning Board has established zoning within the
City which in their opinion was in the best interests of
the community. The Zoning Ordinance was approved and
adopted by the City Council.
With this in mind, it is the combined feelings of
the Mayor and Council that very few variances from our
present zoning areas should be granted by the Board of
Adjustment. We would request that if it is your intent
to grant a variance we be informed prior to your taking
this action.
MOVED by Carter, SECONDED by Gamboa that this policy statement
by the City Council be sent to the Board of Adjustments.
MOTION CARRIED
Book 16 Page 124
(REQUEST FOR VACATION - HANLEY SUBDIVISION)
Mr. Lewis explained that this was a request of vacation of
1/2 of street right -of -way for Hanley Subdivision. Mr. "Lewis
had the application for this vacation which was in order, but
he did make the suggestion that 'since there was some problem
concerning the approval of this Subdivision final plat that
the Council start the proceedings so far as the notice was
concerned and the hearing. When the City gets to the passing
of the Ordinance and this Plat mas still not approved, that the
publication of the Ordinance be delayed until the'Plat was
approved. This way the City would not vacate before the Plat
becomes final.
i
The City Attorney suggested that the Notice of Public Hearing
be done, have the first reading of the Ordinance and then at
that time determine how the Plat was coming. The second and
third readings could be postponed. The Council agreed with this
procedure.
(FINANCIAL STATEMENTS)
Councilwoman Williams stated that there were bills in the
amount of $22,084.56 of which $3,322.25 was Revenue Sharing.
MOVED by Williams, SECONDED by Banks that these claims be
held in the Clerk's Office and warrants issued after the June
3rd Council Meeting.
MOTION CARRIED
Councilwoman Williams informed the Council that she had attended
the Fruitland Fair last Saturday and was treated royally.
There being no further business, the meeting was adjourned
at 8:45.
APPROVED AS written THIS 3rd DAY OF June
1975
May6r
P
C unc 1 a Counc i lman
M
Councilman' Councilman
Councilman Councilman
ATTEST:
City C1 k