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HomeMy WebLinkAbout1974-06-04city council minutesBook 15 REGULAR MEETING June 4, 1974 8:00 P.M. Mayor Paisley called the meeting to order. Page 66 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 Gamboa to approve the minutes of the May 20 meeting as written. MOTION CARRIED (BILL NO. 20 - ORDINANCE NO. 1330) Councilman McCluskey sponsored the following Bill No. 20: AN ORDINANCE RECITING RESOLUTION GIVING NOTICE; DETERMINING THAT THE VACATION OF THE FOLLOWING DESCRIBED PROPERTY, TO WIT: Beginning at the East corner of Lot 13 of Block 112 of the Strahorn Addition to the City of Caldwell, as shown on the official plat on file and of record in the office of the Recorder of Canyon County, Idaho; thence North 46 West, along the Northeast line of said Lot 13, 127.12 feet; thence North 10 East, 19.14 feet to a point in the Southwest line of Lot 6 of Block 112 of said Strahorn Addition; thence South 46 East, 137.62 feet to the South corner of Lot 12 of said Block 112; thence South 113036'33" West, 16.00 feet to the True Point of Beginning. IS IN THE PUBLIC INTEREST; PROVIDING THAT THE TITLE TO SAID PART OF THE ALLEY IN BLACK 112 OF STRAHORN ADDITION TO THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO, SHALL REVERT TO THE PERSONS DEDICATING THE SAME, THEIR SUCCESSORS, HEIRS AND ASSIGNS, ' SUBJECT TO ALL UTILITY COMPANIES AND ALL EASEMENT RIGHTS IN THE AREA, IF ANY, PERTAINING TO SEWER LINES, POWER LINES, TELEPHONE LINES AND GAS LINES, TOGETHER WITH ACCESS TO AND FROM SAID AREA TO MAINTAIN, REPAIR OR REPLACE THE SAME. The Mayor declared this to be the third reading of Bill No. 20. MOVED BY McCluskey, SECONDED BY Carter that Bill No. 20 pass and be entitled Ordinance No. 1330. The Mayor called for a roll call vote. Members of the Council voting Yes: McCluskey, Williams, Banks, Gamboa, Dakan and Carter. No: None. Absent and not voting: None. MOTION CARRIED (DEED AND EASEMENT APPROVED) Mr. Lewis first presented a Trustee's Quitclaim Deed fron the Bank of Idaho, a National Banking Association of Boise, Idaho, as Trustee of the "Gwen R. Specht Trust" for the south half of Owyhee Lane. MOVED BY Banks, SECONDED BY Gamboa to accept the deed and instruct the Clerk to record same. MOTION CARRIED Mr. Lewis then presented the following Cal -De -Sac Easement for a culdesac at the east and of Owyhee Lane from George Nishitani and I Martha Nishitani and Michael E. Nishitani and Alice S. Nishitani which was in the form of an agreement: THIS INDENTURE, Made this 19th day of April, 1974, between GEORGE NISHITANI AND MARTHA NISHITANI, husband and wife; and MICHAEL E. NISHITANI AND ALICE S. NISHITANI, husband and wife, of Caldwell, Canyon County, Idaho, parties of the first part; and CITY OF CALDWELL, Canyon County, Idaho, a municipal corporation, situated in Canyon County, Idaho, party of the second part, WITNESSETH: That the parties of the first part, for and in consideration of ONE DOLLAR ($1.00), lawful money of the United States of America, to them in hand paid by the party of the second part Book 15 Page 67 the receipt whereof is hereby acknowledged, and other good and valuable considerations, do by these presents grant forever unto the party of the second part, its successors and assigns, fo the purpose of constructing and maintaining a street cul -de -sac, full and free right to enter upon the real property of the parties of the first part, said real property being described as follows: That part of a tract of land within the following described circle which lies to the East of the West boundary line of the Northeast Quarter of the South- , east Quarter of Section 23, Township 4 North, Range 3 West of the Boise Meridian, Canyon County, Idaho said circle having a radius of 45 feet and the center of which is 12 feet East and 13 feet North of the Northwest corner of the Southeast Quarter of the Southeast Quarter of Section 23, Township 4 North, Range 3 West of the Boise Meridian, Canyon County, Idaho. This easement is to become null and void when the street is extended to another approved cul -de -sac or to another street right -of -way. MOVED BY McCloskey, SECONDED BY Gamboa to authorize the Mayor and Clerk to execute this document and have same recorded. MOTION CARRIED (INDEMNITY AGREEMENT) Councilman Dakan presented an Indemnity Agreement from Lucille Haumann for the burial of Harvey Rowland in space 6 of Block No. 15, Lot No. 3 in Canyon Hill Cemetery. MOVED BY Dakan, SECONDED BY Carter to accept the above Indemnity Agreement. MOTION CARRIED (RECOMMENDATIONS FROM PARK AND RECREATION DEPARTMENT) Mayor Pasley read the following recommendations of the Parks and Recreation Commission: 1. Relocation of young cildren's ball diamond following the seasons activities. 2. Extension of public swimming hours from 7 :00 to 9:00 every night for remainder of season. When funds are depleted, close the pool. 3. Amendment to preceding motion: 2 nights a week speci- fied for adults only. Funds paid into a special bank account. 4. NO PARKING signs be placed by Street Department in all presently yellow painted areas; that is, let - 3rd bases in baseball areas, and have Police Department enforce this. 5. Next year Recreation Commission hire a B -team coach for swimming team. Mayor Pasley reported that after a survey of the area, it was impossible to relocate the ball field. He added that Councilmen Banks and Carter had met with the man who was complaining about the balls hitting his house and had an agreement made with the Police Department that they would answer any calls and that a sign was being erected which would forbid anyone over the age of 12 playing ball in this park. Mayor Pasley reported that in recommendation number 4, the Police Chief had issued the order for the signs to be put up by the Street Department, and that the Police would check these areas once or twice a night to make sure that no parking is done in those areas. Book 15 Page 68 The Mayor then asked Art Collins to meet with the Council at their noon meeting Monday, June 10th to discuss the proposals as the Council felt they would like to have more information on the expenses involved before making any decisions. He added that after this discussion, these proposals would be put on the agenda for the next meeting. Councilman Banks pointed out that the present hours set for the pool to be open it would be open about 330 hours to the public, and if the proposal were accepted, the pool would be open 720 hours. He added that at the 330 figure it would take about $36.00 an hour in receipts to maintain the pool, whereas if it were open the 720 hours, it would take about $18.00 an hour in receipts to pay expenses, and pointed out that these expenses continued whether the pool was open or not and continued through the off season. Doyle Meecham spoke in behalf of having the evening hours for adults as when the pool closed at 7 it was difficult for working people to use the pool fully. Ken Winkleman asked if the length of the season could be shortened and have the pool open more hours. Don Reed stated that from about the middle of August the pool That money from lack of attendance and recommended that records be kept and when the budget was prepared that the costs be provided for. Councilman Dakan explained that this was not just a problem of the Recreation Department, it was a city -wide problem as the City was required now to pay time and one -half instead of giving com- pensory time and this was not known when the budget was prepared. (AIRPORT COMMISSION APPOINTMENT) Mayor Pasley presented the name of Bill Keyes for appointment to serve on the Airport Commission for a term of three years. MOVED BY Gamboa, SECONDED BY Banks, to approve the appointment of Bill Keyes to serve on the Airport Commission for a term of three years. MOTION CARRIED (LETTER OF RESIGNATION AND APPOINTMENTS) The Mayor then read a letter of resignation from Jean V. Gunn, City Clerk. The Mayor then presented the name of June Wallace to be appointed as City Clerk. MOVED BY Williams, SECONDED BY McCloskey to accept the resignation of Jean V. Gunn and confirm the appointment of June Wallace as City Clerk MOTION CARRIED The Mayor then presented the name of John Holland for appointment to the position of City Treasurer. MOVED BY Carter, SECONDED BY McCluskey to appoint John Holland as City Treasurer. MOTION CARRIED (APPROVAL OF URBAN -D HIGHWAY SYSTEM) Mayor Pasley called upon Mel Leads to explain the Urban -D Highway System. Mr. Lewis explained that this was the system that would receive federal aid funding once it had been approved by the City, , the Highway Department and the Federal Highway Administration. MOVED BY Banks, SECONDED BY McCloskey to approve the Urban -D Highway System as outlined by the City Engineer. MOTION CARRIED (BUILDING INSPECTION - Attorney's Opinion) The Mayor then read the following opinion from City Attorney, Robert Tunnicliff: Re's Procedure and Liability in Building Inspections Dear Mayor Pasley: Book 15 Page 69 You have asked my opinion as to two questions concerning the office of building inspector, City of Caldwell. First you inquire as to the proper procedure for issuing building permits by the inspector. Second you inquire as to whether the City of Caldwell can be held liable for damages as the result of failure on the part of the inspector to follow the proper procedure in issuing permits. Further, you indicate that your inquiry is raised at this time not because of any problems that presently exist or have existed in the past with any department or individual in the employ of the City, but rather you are prompted at this time only to insure that the proper procedure is applied in the future and to further assure that people who obtain permits and/or who may be affected by building permits are not adversely affected. As to the first question concerning the proper procedure for the building inspector to follow, I attach Resolution No. 19 sponsored by Councilman McCloskey and passed by the City of Caldwell June 18, 1973. The procedure set forth therein must be followed in every case in which a building permit is issued. I specifically call to your attention paragraph 3 which requires that the building inspector make available and furnish a copy of the requirements as set forth in the Resolution to each applicant for a building permit. The Resolution is self - explanatory and I do not feel it is necessary that I go through each provision incorporated there- in in this letter; however, I do feel I should point out the provision of Section 1 -11 -2. Specifically, the building inspector is required to examine the plans in applications i for permits and to "inspect or direct inspection of such constructicm or use to assure compliance with all provisions of this code relating to building, zoning, plumbing, electrical wiring and gas installations." As you can see, this is a mandatory inspection requirement and I feel that it must be complied with. The question as to whether the City can be held liable for improperly issuing a building permit or failing to inspect is a most difficult question and, of course, would have to be resolved on the basis of a particular set of facts and particu- lar injury. The liability of the City of Caldwell as a governmental unit is governed by statute. I think basically we must conclude that the City may be held liable for the liability of its employees in failing to properly issue the building permits or failing to properly inspect. Section 6 -903, Idaho Code, provides as follows: "Except as otherwise provided in this act, every governmental entity is subject to liability for its torts and those of its employees acting within the scope of their employment or duties whether arising out of a governmental or proprietary function." Section 6 -904, Idaho Code, provides the following exceptions to governmental liability: "A governmental entity shall not be liable for any claim which: 1. Arises out of any act or omission of an employee of the governmental entity exercising due care, in the execution of a statute or regulation, whether or not the statute or regulation be valid or based upon the exercise or performance or ;As failure to exercise or perform a discretionary function or duty on the Book 15 Page 70 part of a governmental entity or employee thereof, whether or not the discretion be abused. 2. Arises out of the assessment or collection of any tax or fee, or the detention of any goods or merchandise by any law enforcement officer. 3. Arises out of the imposition or establishment of a quarantine by a governmental entity, whether such quarantine relates to persons or property. 4. Arises out of assault, battery, false imprison- ' ment, false arrest, malicious prosecution, abuse of process, libel, slander, misrepresentation, deceit, or interference with contract rights. 5. Arises out of the activities of the Idaho National Guard when acting under a call of the governor, or when engaged in combatant activities, or during a time of war. 6. Arises out of or results from riots, unlawful assemblies, public demonstrations, taob violence and civil disturbances. 7. Arises out of a plan or design for construction or improvement to the highways, roads, streets, bridges, or other public property where such plan or design is prepared in conformity with standards in effect at the time of construction, previously approved in advance of the construction or approved by the legislative body of the governmental entity or by some other body or administrative agency, exercising discretion by authority to give such approval." As you can see, the nnly exceptions which can possibly relieve the City from liability as set forth in Section 6 -904, Idaho Code, would be if the City official exercises "due care." It is, therefore, my conclusion that the building inspector must insist that the Resolution of the Caldwell City Council and the ordinances duly enacted must be followed. He has the duty to exercise due care in enforcing these ordinances and failure to do so may under a particular set of facts result in liability of the City of Caldwell for any damages which may be incurred. Mayor Pasley stated that a copy of this opinion would be given to the Building Inspector. (RSVP PROGRAM) The Mayor recognized Sharon Hubler who explained the workings of the RSVP organization which was a senior citizen volunteer pro- gram, trying to bring the senior citizen back into the main stream of life. She asked the Council to consider the possibility of using revenue sharing funds to help fund this organization. Councilman Carter stated that the $10,000.00 which had been bud- geted was for capital outlay for a senior citizen center. Councilman McCloskey stated that he had been appointed a member of , the older persons committee with the Ida Ore Regional Development Organization, and through this organization there would be funds available for this type work, and he and Councilman Carter could work as a committee of two under the advisement of the Council to work with the organizations of the senior citizens. (PUBLIC EMPLOYEE RETIREMENT SYSTEM AUDIT - Letter Read) Mayor Pasley read a letter from Dan McCanta, Manager of the Boise Field Office of the Public Employee Retirement System regarding the audit which he conducted May 17 1974. He thanked Jan Raymond for her assistance and congratulated the City on the administration of the records, and though few discrepancies or oversights were found, they would be adjusted. Book 15 Page 71 (SALE OF AIRPORT PROPERTY) Mayor Pasley stated that this was the date set for the auction of the City Airport site and then turned the meeting over to Mr. Tunnicliff. Mr. Tunnicliff stated that all was in order for the sale of the airport property as August 20, 1973 an ordinance had been passed expressing the intent of the City to sell the property; that there had been the proper publication and on November 5, 1973, there had been a public hearing, and on May 13, 1974, the Council had adopted a resolution authorizing publication of auction which had been published May 18 and May 25, 1974. As no objections to the sale of the property had been received, Mr. Tunnicliff stated that everything was in order subject to the following conditions: 1. That the highest bid be over the appraised value of approximately $476,550.00. 2. That there be a 10$ down payment. 3. That there is no possession for 18 months to give the City time to acquire property for the new airport. 4. That the City acquire federal funding for the new air- port from the application which was made March 1, 1974. Mr. Tunnicliff then opened the auction for bids for the airport property. Earl Barnard, President of Barnard & Co., made a bids of $500,000.00, providing for $50,000.00 down payment. There being no other bids, Mr. Tunnicliff declared the auction closed. MOVED BY Gamboa, SECONDED BY McCluskey to accept the bid subject to the City's conditions of sale, also the cashier's check of $50,000.00, subject to the notice and to instruct the City Attorney to draft a resolution confirming sale and any other appropriate papers or agreements. MOTION CARRIED (FINANCIAL STATEMENT) PROVED BY Williams, SECONDED BY Banks to approve the claims in the amount of $98,679.76 of which $29,994.16 was revenue sharing and the pay roll in the amount of $90,623.76, pay same and keep the claims on file in the City Clerk's office. MOTION CARRIED (COMMENTS FROM DAN SORAN) The Mayor recognized Dan Soran who spoke against the proposed trade of property with the School Board. He stated that Luby Park was receiving a lot of use and expressed the opinion that the Rose Garden might be ruined, adding that both places were used a lot by both local and out of state visitors. He questioned about the proximity of the proposed new Elks Club to a school, felt that a school should be out of the heavy flow of traffic and that the baseball field at Luby Park should not be given up. The Mayor stated that the majority of the Council felt that Luby Park would be maintained as well as the Rose Garden in that the school building would be built close to the hill. He added that the Council was split 5 to 1 on the proposed trade. The Mayor added that the plans were 8 to 10 years away when the new interchange would be completed as at that time a new school would be needed and also starting next year the City planned to develop a park on the city property by the City Shop. The Mayor stated that the previous Friday the Council had met with members of the Soroptomist and Forward Club for discussion on the proposed trade. In this discussion, Councilman Dakan had stated that if this trade were accomplished, the City would build a high chain link fence around the Rose Garden for its protection. - q- 3 - r G - ti I FS 1.7E 1.", f L - I I - , " , r aw I — . • �' ...�,: '��- ski" y � -ti +I , - , • , f I • + o'a' - - L ` .- it �., = - - —. .f ,sL. t. _ S_ _ 4.1 M 11 D