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HomeMy WebLinkAbout1975-06-17city council minutesBook 16 Page 142 REGULAR MEETING .Tune 17, 1975 7:30 P.M. The meeting was called to order by Mayor Pasley. - The roll of the Council was called with the following members present: Gamboa, Dakan, Carter, McCluskey, and Williams. Absent: Banks. (APPROVAL OF THE MINUTES) Councilman Carter stated that in the June 3rd minutes, it was recorded that Councilman McCluskey seconded the Approval of the Minutes for the Regular Meeting of May 20th, 1975, and the Special Meeting of May 30th, 1975. This was an error as Councilman McCluskey was absent at this meeting. Councilman Carter said that he was the Councilman who seconded the approval of the minutes at this n eting. It was then MOVED by Carter, SECONDED by Williams that the Council dispense with the reading of the minutes of the June 3, 1975, Regular Meeting and the June 16, 1975, Special Meeting, and approve them as written with the correction made as stated by Councilman Carter. MOTION CARRIED (AUDIENCE PARTICIPATION) The Mayor asked if there was any business from the audience that was not on the Agenda. There was none so the Mayor continued with the business as outlined on the Agenda. (RESOLUTION 19 -75 - LIBRARY LEASES) The Mayor stated that a Resolution was ready for approval authorizing the Mayor of the City of Caldwell to enter into a ground lease agreement and building lease agreement relating to the Caldwell Public Library. The Mayor asked Councilwoman Williams to read the Resolution as follows: RESOLUTION AUTHORIZING MAYOR, CITY OF CALDWELL, TO ENTER INTO GROUND LEASE AGREEMENT AND BUILDING LEASE RELATING TO CALDWELL PUBLIC LIBRARY WHEREAS, The City of Caldwell has entered into an agreement by and between the City of Caldwell and Caldwell School District No. 132 by which the present library facility and real property have been transferred from the City of Caldwell to School District No. 132, and said agreement has been confirmed by ordinance duly enacted by the City Council, City of Caldwell; and WHEREAS, It is in the best interests of the City of Caldwell and inhabitants therein that a library facility be constructed and maintained within the limits of the City of Caldwell; and WHEREAS, The City of Caldwell, Friends of the Caldwell Public Library, Inc., Whittenberger Foundation, and many interested citizens throughout the City of Caldwell and surrounding area have worked together toward realization of a new library facility within the limits of the City of Caldwell; and WHEREAS, Friends of the Caldwell Public Library, Inc. are prepared at this time and committed to constructing a library Book 16 Page 143 for use by the City of Caldwell and to leasing said facility to the City of Caldwell upon condition that Friends of the Caldwell Public Library, Inc. obtain a lease of the real property presently owned by the City of Caldwell; and WHEREAS, In order to facilitate said construction it is necessary that the City of Caldwell lease real property to the Friends of the Caldwell Public Library, Inc., and, in turn, lease back the constructed facility from the Friends of the Caldwell Public Library, Inc. under lease provisions which provide, among other things, that upon liquidation of all indebtedness against the building for the costs of construction that the said Caldwell Public Library building will be then conveyed to the City of Caldwell; and WHERE-AS, Said provisions are incorporated in Ground Lease Agreement, attached hereto and made a part hereof as though set forth in full, and Building Lease, attached hereto and made a part hereof as though set forth in full; NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. That the Mayor of the City of Caldwell be, and he is hereby, further empowered, authorized, and directed to do and perform all such acts as may be necessary and expedient in the premises to effect the execution of said Ground Lease Agreement and Building Lease which said documents are attached to this Resolution and made a part hereof as though set forth in full, with the parties named therein, in accordance with the authority granted. herein. CERTIFICATE OF DUE PASSAGE OF RESOLUTION STATE OF IDAHO ) ) County of Canyon ) ss. City of Caldwell ) I, BETTY JO KELLER, City Clerk of the City of Caldwell, County of Canyon, State of Idaho, do hereby certify that the foregoing Resolution, being Resolution No. , was duly passed and adopted by the City Council of the City of Caldwell, approved and signed by the Mayor of the City of Caldwell, and attested by the Clerk of the City of Caldwell, all at a regular meeting of said City Council held on the day of June, 1975, by the following vote: Ayes: Councilmen and Councilwoman: Noes: Councilmen: Absent: Councilmen Councilman Gamboa felt that the City may have leased too much land in the agreement as there may be a time that another building would be built on the Everett Street side of the property and a question regarding the parking area may arise. The City Attorney assured the Council that an addendum could be made to this agreement at the time another building might be built. Councilman Gamboa was particularly concerned over the parking area involved if another building were built in the future. Book 16 Page 144 Councilwoman Williams consented to sponsor this Resolution. MOVED by Williams, SECONDED by McCloskey that this Resolution authorizing the Mayor of the City of Caldwell to enter into a ground lease agreement and building lease agreement relating to the Caldwell Public Library be approved. Thy Mayor called for a roll call vote. Those voting yes: Williams, Gamboa, Dakan, Carter, and McCloskey. Absent and not voting: Banks (CHANGE IN PLUMBING CODE) MOTION CARRIED The Mayor said that he had a note from Mr. Dufur, the Building Inspector, concerning the Plumbing Code. The Mayor asked Mr. Dufur to explain what changes were necessary in the Plumbing Code. Mr. Dufur explained to the Council that the State of Idaho has now adopted a Uniform Plumbing Code which was different than the Code being used by the City now. It was a little more severe, he ,further explained, but he would ask that the City Attorney draft an Ordinance accepting the new State Uniform Plumbing Code. MOVED by Carter, SECONDED by Williams that the City Attorney be instructed to draft an Ordinance accepting the new State Plumbing Code. (BID OPENING T & T SUBDIVISION SEWER EXTENSION) MOTION CARRIED The Mayor asked the City Engineer, Mr. Lewis, to open the bids for the sewer extension of the T & T Subdivision. Mr. Lewis said that specifications and plans had been put out which was done providing that Mr. Trumbull provides his $600 a lot which would amount to $8,400 as there was fourteen lots. Mr. Lewis also recommended that Mr. Trumbull be reimbursed engineering costs. The City Engineer then read the bids as follows: 1. Rhodes Construction Company in Boise Total bid: $12,110.50 2. Snake River Builders in Nampa Total bid: $11,561.43 3. Ben Drake of Caldwell Total bid: $11,670.00 4. Sommer Construction Company in Nampa Total bid: $10,402.02 It was Mr. Lewis` recommendation that he be excused from the Council Meeting to check the extensions and that he would have a recommendation before the end of the Council Meeting. (RELOCATION BENEFITS AUTHORIZATION - FLORENCE M. HANLEY) The Mayor stated that the next order of business was authorization of relocation benefits for Florence M. Hanley. The maximum housing additive was determined to be $6,500 subject to payment for her present house of $20,000. In addition, she would be eligible for moving expenses and incidental expenses. MOVED by Gamboa, SECONDED by Dakan that the relocation benefit of $6,500 be approved for Florence M. Hanley. Book 16 (GUDGEL - INSURANCE CLAIM) Page 145 The Mayor stated that there was a claim from Michael Gudgel submitted to the City in the amount of $119.95 for injuries received by his wife, Daylene Gudgel as a result of a fall due to a broken flange on a water meter cover. This accident occured near the Hospital on September 30, 1974. MOVED by Carter, SECONDED by Gamboa that this claim be denied and referred to the City's Insurance Carrier. MOTION CARRIED (INDEMNITY AGREEMENT - JOHN W. MULLIKIN) The Mayor asked Councilman Dakan to examine the Indemnity Agreement presented by John W. Mullikin regarding Block 60, Lot 46 North Half, Space 3. Councilman Dakan stated the Agreement to be in order. MOVED by Dakan, SECONDED by Williams that the City accept this Indemnity Agreement by John W. Mullikin regarding Block 60, Lot 46 North Half, Space 3. MOTION CARRIED (NAMPA CALDWELL CORRIDOR - CITY'S POSITION REGARDING) The Mayor stated that the City of Caldwell has never taken an official position on the Nampa Caldwell Corridor. It was put on the Agenda at this time so that a determination can be made by the Council as to their decision. The Mayor called on Councilman McCluskey to lead the discussion regarding this. Councilman McCluskey stated that he felt a decision had been made in the minds of the Council members, but that no definite stand had ever been made. He said that he felt very strongly that the City should encourage and take a stand to do everything possible to promote the completion of the four lane highway between Nampa and Caldwell. After some discussion among the Council members, the following motion was made. MOVED by McCluskey, SECONDED by Carter that the City of Caldwell do everything possible to help the State complete the four lane highway between Nampa and Caldwell and that the City of Caldwell, with a joint agreement with Nampa, consider Commercial Avenue after the completion of the four lane highway with no demands on the State Highway Department. MOTION CARRIED (BOISE ADA DISPOSAL REQUEST FOR RATE INCREASE) The Mayor read a letter from the Boise Ada Disposal Company stating that due to extreme inflationary pressures during recent months which have effected the economy, they felt that they could not maintain service at the present level using the current rate structure. They were therefore, petitioning for the following changes in their contract with the City of Caldwell: 1. The residential rate be raised from $2.00 to $3.00. Further, that during the period of April through September, extra charges be allowed for residential accounts using more than four cans. A nominal fee would be charged for any amount over this quantity and would be billed by the Contractor. Book 16 Page 146 2. Commercial accounts, such as duplexes, apartments, rooming houses, and trailer or mobile home parks be raised 25 %. All other commercials would still be negotiated. 3. We would ask that due to the unrest in the economy that rate schedules should be looked at annually and adjustmeaats made accordingly. 4. Section 40 -03 be deleted. Since the City controls the payments made to the Contractor, a bond is not really necessary to insure faithful performance. 5. The weight limit on the cans be reduced from'6ne hundred pounds to seventy -five pounds.' The Mayor stated that there was a meeting set with Boise Ada Disposal at 3:30 on Thursday, June 19th, to discuss the contract. (TRAFFIC SAFETY COMMISSION REGARDING TRAIN SPEED) The Mayor read the following letter from the City Traffic Commission: After lengthy discussion, it would be the recommendation of the City Traffic Safety Commission to increase the speed of the trains .through the.City of Caldwell to a maximum of 40 miles per hour for a more efficient movemep_t of traffic.if the following provisions are met: 1. All crossings to have gates (all six existing crossings). 2. 500 feet of 4 foot fence placed 20 feet back from the main line on the south side of the track starting at the sidewalk on South 9th Avenue and then east (this will discourage the use of the tracks at 10th Avenue for foot traffic and prevent a small child from darting in front of a train). 3. Insure that crossings are not blocked by a train more than 10 minutes as provided for in Section 11 -7 -3 of the City Code. /s/ Ralph Smeed Chairman Traffic Safety Commission MOVED by McCloskey, SECONDED by Dakan that the recommendation of the Traffic Safety Commission be accepted providing that the entire body of the train not exceed 40 M.P.H. all the way through the town. MOTION CARRIED (THANK YOU LETTER) The Mayor read a thank you letter from Betty Banks thanking !_ the Council for flowers received during her illness. (REPORT ON BID REGARDING T &.T SUBDIVISION) The City Engineer, Mr. Lewis, reported that all of the extensions were in order and that he would recommend that the City Council accept the low bid of Sommer Construction. Company subject to Mr. Trumbull paying the money mentioned. MOVED by Dakan, SECONDED by Carter that the bid from Sommer Book 16 Page 147 Construction Company be accepted by the City of Caldwell provided that Mr. Trumbull pays the $600 per lot.or $8,400. (FINAL PLAT - KELLER) MOTION CARRIED The City Engineer, Mr. Lewis, presented the Keller Plat to the Council. Mr. Lewis stated that the Preliminary Plat was presented to the Council previously and the Planning Commission has approved the Subdivision as per the Preliminary Plat that was presented before. It was Mr. Lewis' recommendation that the City Council accept the Final Plat of Keller subject to drainage problems discussed previously being resolved. MOVED by Gamboa, SECONDED by McCluskey that the Keller Final Plat for subdivision be accepted providing the drainage problems were resolved. (HANLEY SUBDIVISION PLAT) MOTION CARRIED Mr. Lewis, the City Engineer, also presented final plat for Hanley Subdivision No. One for the Council's approval. Mr. Lewis stated that the Planning Commission could not resolve the irrigation requirements. Previously, Irrigation Districts have given their consent by writing a letter stating that the plans discussed by the developer were all right. In the case of the Hanley Subdivision No. One, the Caldwell Irrigation District was requiring installation of water for use by all of the lots. A letter was received from the Caldwell Irrigation District making the following statement: F° To approve the subdivision plan, the Caldwell Irrigation District requires the installation of an irrigation system to properly distribute water to all of the lots within the subdivision." Mr. Lewis said that he was not sure, according to the City Code, whether the Irrigation District was in a position to approve subdivisions. This would be the City Council's responsibility. The City Code does require that the City notify the Irrigation District involved concerning a subdivision and enlist continents from them. This was done concerning -the Hanley Subdivision No. One. The City Attorney stated that he had gone over this with Mr. Lewis and looked through the City Code and Ordinances and found no statutes relating to this irrigation problem. He further stated that the City Council has the authority to approve or not approve any subdivision presented to them. Mr. Lewis suggested that the Plat be approved, but held for the proper signatures until existing problems were resolved. The problems needing to be resolved were as follows: 1. Irrigation of the Subdivision. 2. Waste water overflow from the existing irrigation system. 3. Vacation of the street along the South boundary which was applied for. 4. Acceptance of an L.I.D. petition for street improvement, installation of sanitary sewer and of the storm sewer to serve the subdivision. . The Mayor recognized W. P. Skinner, the developer for the Hanley Subdivision No. One, who requested that the City give the final approval of the Plat at this meeting and hold the signatures until Book 16 Page 148 the problems existing were,,solved< He felt that.the problems existing could-be better solved if the final plat was approved. MOVED by McCluskey, SECONDED by Gamboa that the final plat for Hanley Subdivision No. One be accepted subject to solving the four problems within a ninety day period. MOTION CARRIED (WELL SITE EASEMENT --FIRST REGULAR BAPTISTS CHURCH, INC.) The City Engineer, Mr. Lewis, presented an easement for a well site out on the First Regular Baptist Church property. The agreement regarding this well site was approved at the last Council Meeting. Mr. Lewis recommended that the City Council accept this easement and direct the City Clerk to have the easement recorded. MOVED by Dakan, SECONDED by Gamboa that the easement between the First Regular Baptist Church, Inc., and the City of Caldwell be approved and that the City Clerk be directed to have same recorded. MOTION CARRIED (SIMPLOT STADIUM DISCUSSION) The Mayor read the following letter that was addressed to the Mayor and City Council: Dear Mayor and City Councilmen: I am, writing on behalf of the Stadium Board. At a recent meeting of the Board of Directors of the Stadium, it was decided that the.Stadium,Board should offer to lease the entire Stadium complex to the City of Caldwell on a year -to -year basis, commencing in January of 1976, for an annual consideration of $14,000.00, with the City doing all of the. maintenance and receiving all income from the leasing of, the facilities. The desire to have the City operate and maintain the facilities is prompted by several considerations which point to the City as the most logical body to handle the Stadium. At the present time, the Stadium Board is finding it difficult to maintain the Stadium on a break -even basis, primarily because of the cost of upkeep and maintenance. It is felt that the operation of the Stadium by the City would be in the best interests of all concerned for several reasons. From a financial standpoint, the upkeep and maintenance could be handled by present equipment and employees more feasibly than the Stadium Board is able to operate it. Primarily, however, it is felt that the City could administer the Stadium with the least amount of friction between the several users of the Stadium whose interests sometime conflict. We hope that this proposal will meet with the favorable approval of the City. Any member of the Stadium Board, inidividually, or the Stadium Board as a whole would be glad to meet with the Council at any time to go over this in more detail. /s/ Gerald L. Weston The Mayor stated that the City Council and the Stadium Board Book 16 Page 149 met that noon and discussed this at some length. It was decided by the City Council that they would like to take about thirty days to discuss this possibility before giving an answer. Councilman Carter requested the Mayor's permission to request that the City Attorney write to the Council a legal opinion as to the legality of this procedure. This was agreed to by the Mayor and other members of the City Council. (LEGISLATIVE TRAVEL REPORT) The Mayor reported that there was now $2,497 inthe Legislative Travel and Meeting Account of which $370.00 was obligated. (FINANCIAL STATEMENT) Councilwoman Williams stated that there were bills in the amount of $173,537.38, of these $14,842.31 were regular claims; Revenue Sharing was $3,440.22 and there was registered warrants in the amount of $154,254.85. MOVED by Williams, SECONDED by Carter that these claims be approved and held in the Clerk's Office and warrants issued after the July lst meeting. MOTION CARRIED Councilman McCluskey was recognized by the Mayor and made the suggestion that the City Council in some way, perhaps in a special column in the local paper, commend citizens of the City of Caldwell for improvements made to their property. This would be a courtesy policy that would perhaps let the people of Caldwell know that the City Council does congratulate as well as condemn. Councilman Gamboa objected to this proposal as he felt people do not need praise for this as it was their obligation to keep their property looking nice. Councilwoman Williams inquired as to who would make the recommendations and Councilman McCluskey stated that the public would do this. MOVED by McCluskey, SECONDED by Carter that this policy of commending citizens for improvements to their property be accepted. MOTION CARRIED There being no further business, the meeting was adjourned at 8:40. APPROVED AS written THIS 1st DAY OF July , 1975. Mayor r ilman- Counc ilnia ATTEST: Councilman Counci City `perk