Loading...
HomeMy WebLinkAbout1974-06-18city council minutesBook 15 REGULAR MEETING Jane 18, 1974 8:00 P.M. Mayor Pasley called the meeting to order. Page 73 The roll of the Council was called with the following members present: Gamboa, Carter, McCluskey and Williams. Absent: Dakan and Banks. (APPROVAL OF MINUTES) MOVED BY Carter, SECONDED BY McCluskey to approve the minutes of the Jane 4th meeting as written. MOTION CARRIED (RESOLUTION NO. 11 -74) Councilman Gamboa sponsored Resolution No. 11 -74 Confirming the sale of the airport. MOVED BY Gamboa, SECONDED BY Mcauskey that Resolution No. 11 -74 pass subject to the prior provisions and agreements. The Mayor called for a roll call vote. Membera of the Council voting Yes: Gamboa, Carter, McCluskey and Williams. No: None. Absent and not voting: Dakan and Banks. NOTION CARRIED (BILL NO. 20 - ORDINANCE NO. 1330) The Mayor stated that at the last meeting Bill No. 20 was acted upon as if it were the third reading when, in effect, it was actually the first reading and before the ordinance could become law it would have to be officially acted upon. MOVED BY McCloskey, SECONDED BY Gemboa, that the reading of Bill No. 20 at the last meeting be considered as the second and third reading and the rule requiring the reading of a bill three separate days:be suspended. The Mayor called for a roll call vote. Members of the Council voting yes: McCloskey, Williams, Gamboa and Carter. No: None. Absent and not voting: Dakan and Banks. LOVED BY Mo0luskey, SECONDED BY Carter, that the Mayor and City Clerk be instructed to sign the proper instruments for completing this transaction as being prepared by the City Engineer. MOTION CARRIED (COUNCIL DETERMINATION ON 31dIMMING POOL) The Mayor stated that the swimming pool hours were discussed by the Council at an informal meeting, and the decision was to concede to the Recreation Board request to open th®.,pool until 9:00 PM each evening (with the exception of Monday) and.reaerve 2 evenings a week, Tuesday and Thursday for adult swimming only. He added that the pool would run until the funds were expended, which will be approximately August 16. (BILL NO. 21) Councilman McCluskey sponsored the following Bill No. 21: AN ORDINANCE OF THE CITY OF CALDWELL, A MUNICIPAL CORPORATION OF IDAHO, DECLARING THE INTENT TO EXCHANGE TAE FOLLOWING DESCRIBED REAL PROPERTY TO SCHOOL DISTRICT NO. 132, CAIDWELL, CANYON COUNTY, IDAHO, SAID PROPERTY BEING OWNED BY THE CITY: CARNEGIE PUBLIC LIBRARY SITE Lots 19, 20, 21, 22, 23, and 24 of Block 24 of Dorman's Addition to Caldwell, Idaho. LUBY PARK Beginning at the Northwest corner of the Northeast Quarter of the Northeast Quarter of Section 22, Township 4 North, Range 3 West of the Boise Meridian, thence South along the West line of the Northeast Quarter of the Northeast Quarter of said Book 15 Page 74 Section 22, 347.75 feet; thence North 89 East 40.00 feet to the TRUE POINT OF BEGINNING: thence North 89 East, 668.60 feet; thence south 8033 0 15° last, 200 feet more or less to the Northwesterly right -of -way line of North Kimball Avenue extended; thence Southwesterly along the Northwesterly right -of -way line of Kimball Avenue extended to the East corner of vacated Block 72 of Dever's Addition to the City of Caldwell, Idaho; thence Southeasterly to the East corner of Lot 10 of Block 69 of said Dever's Addition; hence Southwesterly to a point in the Southeasterly line of Lot 15 of said Block 69, which is 64 feet Southwesterly of the East corner of said Lot 15, thence Westerly to the point of intersection of the Northwesterly line of Lot 14 of vacated Block 73 of said Dever's Addition and a line 40.00 feet East and parallel with the West line of the Northeast Quarter of the Northeast Quarter of said Section 22 (said West line being the centerline of North Illinois Avenue); thence North on a line 40.00 feet East and parallel with the West line of the Northeast darter of the Northeast Quarter of said Section 22, to the TRUE POINT OF BEGINNING. Subject to verification of the line along the north side of Marble Front Road before any conveyance is made. PROVIDING THAT SAID REAL PROPERTY SHALL BE EXCHANGED FOR PROPERTY AWNED BY SCHOOL DISTRICT NO. 132, CALDWELL, CANYON COUNTY, IDAHO, WHICH SAID REAL PROPERTY IS DESCRIBED AS FOLLOWS: JEFFERSON SCHOOL PROPERTY Property between Dearborn Street and Everett Street described as follows: (a) In Fair Acres to Caldwell., Idaho All of Block 17 Part of Block 18 as follows: Commencing at the Southerly corner of Block 18; thence Northeasterly along the Southeasterly line of Block 18, 128 feet; thence Northwesterly and parallel with the Southwesterly line of Block 18, 200 feet; thence Southwesterly and parallel with the Southeasterly line of Block 18, 128 feet to the Southwesterly line of Block 18; thence Southeasterly along the Southwesterly line of Block 18, 200 feet to the Point of Beginning. (b) In Dorman's Addition to Caldwell, „ldaho, and in Block 18 Fair Acres of Dorman's Addition All of Block 35 All,of Block 36 of Dorman' a - Addition , and part of Block 18' of Fair Acres, described l as follows Commencing at the Easterly corner of Block 36 of Dorman's Addition; thence Northwesterly along the Northeasterly line of Block 36 of Dorman's Addition the North - easterly line of Block 18 of Fair Acres, 225 feet; thence Southwesterly and parallel with the Southeasterly line and the Southeasterly line extended of Block 36 of Dorman's Addition, 128 feet; thence Southeasterly and parallel with the Northeasterly line of Block 18 of Fair Acres and the Northeasterly line of Block 36 of Dorman's Addition, 225 feet to the Southeasterly line extended of Block 36 of Dorman's Addition; thence Northeasterly along the Southeasterly line extended and the Southeasterly line of Block 36 of Dorman's Addition, 128 feet to the Point of Beginning. Book 15 page 75 (c) Vacated Eleventh Avenue from the Northeasterly line of Everett Street to the Southwesterly line of Dearborn Street. Property between Everett Street and Gant Street and North - wast of Twelfth Avenue: (a) In Fair Acres to Caldwell, Idaho All of Block 16 ' All of Block 13 (b) In Dorman's Addition to Caldwell, Idaho All of Block 37 (c) Vacated Fillmore Street from the Northwesterly line of Twelfth Avenue to the Southeasterly line of Eleventh Avenue. 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 HEARING SHALL BE HELD ON SAID PROPOSED EXCHANGE; PROVIDING THAT NO EXCHANGE SHALL OCCUR UNTIL -AT LEAST SIXTY (60) DAYS HAVE EXPIRED FROM DATE Or PASSAGE AND APPROVAL OF THIS ORDINANCE; PROVIDING THAT SAID EXCHANGE SHALL BE SUBJECT TO CERTAIN TERNS AND CONDITIONS; PROVIDING NOTICE OF PUBLIC HEARING SHALL BE PUBLISHED, PROVIDING FOR THIS ORDINANCE TO TAKE EFFECT AFTER ITS PASSAGE, APPROVAL AND PUBLICATION N- A000RDING TO LAW. Councilman McCluskey stated that in the ffi11 reference was made to Carnegie Library and this should be changed to Caldwell Library. Alice Dunlap questioned insurance, but was advised by Councilman McCloskey that the Library Board would not be paying insurance on two buildings. Councilwoman Williams questioned the City Attorney about the triangle in front of the rose garden and if this ordinance was in order due to the fact that at the May 20th Council meeting, it was moved, seconded and passed to write a letter to the School Board stating the Council stood on the original proposal. City Attorney advised the ordinance was proper to be read and that the reading of the ordinance didn't change or confirm - it was dust a proposal - it could be amended and if it was contrary to action already taken, it could be voted down. Carter questioned why the new action when it was Council action to follow through on the original agreement. The Mayor stated that he had talked with the Superintendent of Schools and was advised that in order to meet State requirements and get approval of the State Educational Association on the area of land involved for the grade school, the School District needed the triangle and that Kimball Avenue to the Rose Garden would need to be closed, so that was the way the City Attorney was instructed to draw up this ordinance. He added that if the transaction was consumated, the Superintendent had verbally agreed that the trees and grass for the first 50 feet opposite the Rose Garden towards the City would be left intact where it would make the Rose Garden more open, and the City would have the privilege of putting picnic benches and tables over there. Alice Dunlap asked what made an action by the City Council legal. Robert Tunnicliff stated that legally binding action had to be done at a legally called meeting with a quorum present. The Mayor stated he had two comments about the reading of the Resolution -- First, that he wanted to publicly acknowledge and Book 15 Page 76 thank the services of Joe Gamboa and Canyon Abstract Company who had not charged the City for their service. Second - that this mould be considered the first reading, and the second and third reading mould be at the next two meetings, and after the third reading and passage, a public hearing would be held within 60 days where people would have a chance to express their opinions. He added that this was according to Code, and he planned to follow the Code implicity all the way through on this transaction. MOVED BY 0amb08, SECONDED BY McCluskey, that the previous action regarding the triangle be changed to conform with Bill No. 20 as read. , The Mayor called for a roll call vote. Members of the Council voting Yes: Gamboa and McCluskey. No: Carter and Williams. Absent and not voting: Dakan and Banks. The Mayor stated that he could not vote to break a tie on motions. Mr. Tannicliff advised that this should be brought up at a meeting when all Council members were present to change the previous action. ( LETTER BY RAY SKIDMORE ) The Mayor recognised R. H. Skidmore who spoke against the proposed trade of School and City property, and questioned the manner in which things were done at City Hall. He urged the Council to table this Bill for 30 to 45 days. Councilman McCloskey and Councilman Gamboa took exception to parts of Mr. Skidmore's statement, and the Mayor stated everyone would be welcome to the public hearing where their feelings could be aired. (PETITIONS - LUBY PARK SURVEY) Mrs. Tahlman presented petitions containing over 400 signatures in favor of keeping Luby Park, taken in a survey of various sections of the city by 12 women. (PRESENTATION OF EASEMENTS FOR NEW EDA PROJECTS): Mr. Lewis presented the following 11 easements for location of sewer projects and one for water line, and recommended their approval: E. Dean Dishman and Patricia L. Dishman Troy V. Vance and Bonnie A. Vance Lasher Construction Co., Inc. Clary D. Lasher and Sharon I. Lasher Caldwell Unlimited, Inc. Royle H. Shotwell and Mary K. Shotwell Caldwell Unlimited, Inc. E. Dean Dishman and Patricia L. Dishman Eugene Lee Fercho and Carol L. Fercho Lawrence E. Jordan and Shirley Jordan Alpha Engineers, Inc. Idaho Meat Packers, Inc. MOVED BY Carter, SECONDED BY McCloskey, that the easements be approved and the Clerk be instructed to have them recorded. MOTION CARRIED J (ROAD AND BRIDQE FUND) Mayor Feeley explained that Section 40 -2709 of the Idaho Code provided that the County may levy $1.00 per hundred for road and bridge, and that it should be divided with the cities, and that , the County could also levy a special bridge fund tax from which the cities would have no right to participate. He questioned legally the way Canyon County was levying for roads and bridge and how much of that money the City was entitled to. He added that to make this determination, he would like to have permission from the Council to authorise the City Attorney to bring suit against the County. MOVED BY McCluskey, SECONDED BY Carter, that we authorise the City Attorney to pursue with a suit against the County. MOTION CARRIED Book 15 Page 77 (EASEMENT APPROVED) Mel Lewis presented an Easement from the City to Idaho Power Company for placement of poles on Fairview Golf Course for power for the new pumping system. MOVED BY Carter, SE MID BY Mcanskey, to approve this easement. NATION CARRIED (BOISE -ADA BCND) The Mayor read a letter from the City Attorney to Kenneth Oluch, Boise Ada Disposal Co., advising him that their Penal Bond in the sum of $50,000.00 would expire July 15, 1974, and they were required to submit appropriate proof of bond before June 15, 1974. He added that he had been advised this would be furnished Wednesday. (LEASE APPROVED) MOVED BY Gamboa, SECONDED BY Carter, to approve a hangar lease with Jim Syme for the year 1974, and authorise the Mayor and Clerk to execute the lease. MOTION CARRIED (FBI SCHOOL REFRESHER COMM) The Mayor stated that Chief Astleford had been chosen to attend the F.B.I. National Academy Refresher Course July 29- August 2 1974, in Qaantico, Virginia with all expenses paid. MOVED BY Oamboa, SECONDED BY Carter, to approve the Police Chief's attendance at the F.B.I. National Academy Refresher Course. MOTION CARRIED (VARIANCE BEQUEST - ARTHUR T. HONEY) The Mayor read a letter from Arthur T. Honey asking for a Variance to enable him to keep rabbits and rabbit hutches on his property. After discussion, it was MOVED BY McCluskey, SECONDED BY Carter, that Mr. Honey be allowed 2 weeks to improve the facility, and ' those individuals originally involved - Mayor, Council members, Building Inspector and Chief of Police - check an it and judgement be withheld until the next Council meeting. MOTION CARRIED (NICMT IRRIGATOR APPROVED) The Myor stated that, due to serious water problems on Canyon Hill, action was taken to ask all City Departments not to irrigate after 12 Noon and not to sprinkle. He added that the Treatment Plant had eliminated about 2(3 of the water they were using and citizens would be asked to go on a system whereby those with addresses ending in an even number would sprinkle on even numbered days, and those with addresses ending in uneven number will sprinkle an uneven numbered days. MOVED BY Williams, SECONDED BY Gamboa, to hire a night irrigator. NOTION CARRIED (FUTURE ANNESATION) MOVED BY MbCluskey, SECONDED BY Gamboa, that the City Eogineer be instructed to make the necessary studies and preparations for possible future annexation of the area involved when the Nampa - Caldwell Blvd. plans are completed. NATION CARRIED The Mayor explained that last year the Council authorised a well from Revenue Sharing, but for some unknown reason, the well was not drilled and, again this year, the Council authorised $60,000 from Revenue Sharing funds to drill a new well; the City Engineer got oat the specifications and bids were called for, but only one bid was received from Mr. Witt who said he could start May 15th. On that date he said he would start in about 3 weeks, but to date it hadn't been done. The Mayor added that in February the Council authorized the purchase of booster equipment to got water up on Canyon Hill, but the equipment hadn't arrived and may not until next year due to uncontrollable circumstances. The Mayor stated that he and the Public Works Supervisor checked on Cemetery problems, and would like to hire a night irrigator to sprinkle only from the pump on cemetery property during the night to help alleviate some water problems.. MOVED BY Williams, SECONDED BY Gamboa, to hire a night irrigator. NOTION CARRIED (FUTURE ANNESATION) MOVED BY MbCluskey, SECONDED BY Gamboa, that the City Eogineer be instructed to make the necessary studies and preparations for possible future annexation of the area involved when the Nampa - Caldwell Blvd. plans are completed. NATION CARRIED Book 15 Page 78 The Mayor declared a five minute recess. The meeting reconvened at 9 :35 PM. (L.E.A.A.) Mrs. R. A. McMahon began to read an article on L.E.A.A. (Lax Enforcement Assistance Agency,) against the use of Federal Funds, and the Mayor suggested that instead of taking Council time, she should meet with the Police Chief, and the Council would act on his recoamendations. (RESOLUTION 12 -74) ' Councilwoman Williams sponsored the following Resolution 12 -74: WHEREAS, Title 1, Chapter 19, Section 1 of the Caldwell City Code as amended by Ordinance No. 1197 designates the Idaho First National Bank, the Bank of Idaho, the First Security Bank of Idaho, and Idaho Bank & Trust Co. as the official depositories of Municipal Funds for the City; and WHEREAS, The proper officials of the City who are duly authorized to withdraw funds from said depositories are to be designated; NOW, THEREFORE, BE IT RESOLVED: That the Idaho First National Bank, the Bank of Idaho, the First Security Bank of Idaho, and Idaho Bank & Trust Co. are hereby re- confirmed as the official depositories for the funds of the City of Caldwell, that accounts shall be governed by the Rules, Regulations, By -Laws and Practices, present and future, of the Banks herein designated, including interest, service charges, and all other natters whether the same as or different therefrom, and that, as hereinafter specified, the following officers of the City, who have been duly and regularly elected and /or appointed: Name Title 1. Robert E. Pasley Mayor 2. Alfred H. McCluskey President of the Council 3. June Wallace City Clerk 4. Yvonne Marshall Deputy City Clerk 5. John W. Holland City Treasurer 6. Camay Gepner Deputy City Treasurer be and they are hereby authorized to withdraw said funds from said depositories on the check or warrant as prescribed by law, and that the said officers authorized to withdraw funds be and they are hereby authorized to endorse and receive payment of bills and notes payable to the City, and the same Banks are hereby authorized to pay any such instruments so endorsed and presented to them for payment, including those drawn to sign the same; and BB IT FURTHER RESOLVED: That said authority hereby conferred shall remain in full force until written notice of the revocation thereof by the Council and this City shall have been received by said depositories, and that the Clerk be and she is hereby authorized and directed to deliver to the same Banks a certified copy of this Resolution and to certify to the Banks herein designated, the true and current signatures of the above named officers. MOVED BY Williams, SECoD ED BY QUIBOA, to pass Resolution 12 -74. The Mayor called for a roll call vote. lumbers of the Council voting Yes: Williams, Gemboa, Carter and McCluskey. Not None. Absent and not voting: Dakan and Banks. MOTION CARRIED Book 15 Page 79 (LIBRARY SELECTION SITE APPROVED) The Mayor stated that Frank Payne, Chairman of the Library Board, had informed him that the site between Dearborn and Everett Street between 10th and llth on property that the City planned to acquire from the School Board in the proposed trade, had been the selection of the Board for the new public library. MOVED BY Williams, SECONDED BY Carter, that this library selection site be approved, subject to the city's ability to complete the trade with the School Board. NOTION CARRIED (LEASE APPROVED) The Mayor presented a lease between the City and Larry Conway to lease approximately 3 1/2 acres in the present gravel pit to be put into pasture. He added the lease would be $1.00 per year for an initial period of 2 years, then renewable a year at a time, with the Council being able to cancel on a 30 day notice. PAVED BY Williams, SECONDED BY Carter, to approve the lease and instruct the City Clerk to execute the proper papers. NOTION CARRIED (INDEWTY AGBE ENT) Councilman Gamboa presented an Indemnity Agreement from Vera Likins for the burial of John W. Likins, Lot 69NH, HLock 60, Grave 2 in Canyon Hill Cemetery. NOVED BY Gamboa, SECONDED BY Williams, to accept the Indemnity Agreement. MOTION CARRIED The Mayor read the following letter from Harlan Dilley, President of the International Association of Fire Fighters: Mayor Pasley: In accordance with the 1974 City of Caldwell and Local 1821 I.A.F.F. Contract, section VII paragraph three, a grievance was filed, processed, and presented to Chief Perfect. Chief Perfect has chosen to ignore this grievance and has let the allotted time expire unacted upon. We hereby request a meeting with the City Council Grievance Committee at the earliest time possible. Councilwoman Williams read the following reply: June 17, 1974, To the Mayor and Council - -- We the undersigned, members of the City Council, assigned to the Fire Department, met in the Council Chambers on Thursday, June 13th, with members of the International Association of Fire Fighters, Harlan Dilley and James Vavold, to discuss a grievance filed against the Fire Chief, Harold Perfect. The Grievance as presented to the Committee is as follows: Grievance against wearing Class A uniform caps as a part of the work uniform and being required to wearing uniform caps on off duty hours. After deep study of the above complaint we find no grievance exists. It would be our reccmmendation to eliminate ' such problems in the future that they feel exists, by keeping Class B uniforms at the Station, so they would not have to be worn to and from work, but must be in uniform before assuming duties. It is our determination that off duty hours are to and from work. SIGNED BY Joe Gamboa and Alta E. Williams JN* 30 Illp sp MAIMWONOW AM 1 0 , ME cl ir 11 11 P