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HomeMy WebLinkAbout1973-07-02city council minutes570 that then an ordinance could be developed declaring the intent of the Council to sell the property, said ordinance stating the appraised price of the property and setting a hearing date for any objections. He stated that after the passage of the ordinance and the advertising of same there would be a 60 day period before the hearing date for any resistance to the sale of the property. He added that if a petition against the sale was presented, signed by 1/10 of the number of voters who had voted for Mayor in the last election, then it would be put up for a vote of the people for determination on whether the property should be sold. The Mayor stated that this property would be pct up for public auction and would be sold to the highest bidder providing this bid would be equal to the appraised value, reserving the Council's right to deny any bid offered if so desired. A motion was made by Councilman Hanks, seconded by Councilman Carter, that as the present airport property at a future time would cease to be used for a public purpose, the Council appoint an appraiser and instruct the City Attorney to draw up an ordinance to give the intent to sell the airport. A vote was taken and the motion carried. The Mayor then asked for a recommendation for an appraiser. Councilmen Carter stated that he woul recommend Tom 5dnner as he had done the previous appraising for'the airport and was a certified appraiser. It was moved by Councilman Ranks, seconded by Councilwoman Williams, to ask Tom Skinner to appraise the airport. After a vote, the motion carried. Application for Beer License approved Presented for the Council's consideration was an application for a Beer License from Model Market at 214 South 7th. The application had been approved by the Chief of Police and was accompanied by a receipt from the Clerk for the required fee. It was moved by Councilman Carter, seconded by Councilman Banks, to approve the application for Beer License and the license be issued. Upon vote, the motion carried. 9th and Grant property Councilman Banks asked about the property by the golf course on 9th and Grant which had been pur- chased by Elmer Porter who had been remodeling the house for a four chair barber shop. After a discussion involving Mr. Porters putting in a barber shop at this location and the desire- s ability of the City owning this property, the Mayor was instructed to call Mr. Porter to determine his in- tentions. Albany Street improvement - discussion Mel Lewis then asked the Council for its consent giving him the power to take care of the problems which Bob Bushnell was encountering in his remodeling of property on Albany Street. Councilman Banks explained that Mr. Bushnell was making an office building complex in this area, and as part of the decorating he had set a new curb inside the existing curb, andthearea normally used for sidewalk was going to have shrubs and bark. He added that instead of sidewalk there would be paving for parking and wa lking . He pointed out the conditions on Albany Street in that a lumber yard had lumber on the sidewalk area, and added that he felt Mr. Bushnell's efforts would be an asset to thearea. He then stated that he would go with Mr. Lewis and help work out the problems. There being no further business to come before the Council at this time, it was moved by Council- man Carter, seconded by Councilwoman Williams, to adjourn the meeting to July 2nd at 8:00 P.M. After a vote the motion carried. The meeting adjourned at 5:10 P.M. a -e4" 0 a,_ City Clerk, COUNCIL CHAMBERS July 2, 1973 8:00 P.M. The regular monthly meeting of the City Council met in the Council (umbers of the City Hall with Mayor Charles W. Carpenter presiding. Upon Roll Call, the following Council members answered present: Alta E. Williams, Charles C. Banki James R. Dakan and Lester E. Carter. Absent: Alfred H. McCluskey and Joe Gamboa. Invocation Mayor Carpenter called upon Pastor Glenn K. Armstrong of the Caldwell Friends Church to deliver the Invocation. 571 ` Approval of petition - Elmer Porter The Mayor recognized Mr. Elmer Porter who introduced his proposal to develop a barber shop at 822 Grant Street. Mayor Carpenter stated that Mr. Porter needed a conditional use permit which will take the action of the Board of Adjustment and added that Mr. Porter had appeared before that Board and had received their permission to circulate a petition in the area. Councilman Banks inquired of Mr. Porter as to what information he had received from the City's Building Department. Mr. Porter replied that he had conferred with Building Inspector George Dufur and was informed that he would have to circulate a petition which required the approval of 75% of the surro property owners. Mr. Porter added that he had circulated a petition and had received 83% approval in the area, but said petition had not been presented at the last meeting of the Beard of Adjustment. Councilman Banks then questioned the parking situation, and Mr. Porter answered that he could fore see no problem as most of his employees were within walking distance of the proposed shop. Councilman Banks added that his own personal feeling was that the property should be part of the City's park system. To this Mr. Porter stated that, if he should decide to 0 911 , the City would be given an option to buy - -it would have first choice. Mayor Carpenter stated that, since the City owned property in the area, the Council should deter- mine whether or not to participate in the petition and called upon City Attorney Wayne E. Davis for comment. Mr. Davis commented that the policy of the City has been that the property owners must make a de- cision and could not remain neutral. He stated that, since the City owned property in the area, it mast either approve or reject the petition. A motion was then made by Councilman Dakan, seconded by Councilwoman Williams, that the Council approve the petition and add the City's name to the others approving the project. A vote was taken, and the motion carried with a negative vote from Councilman Banks. Vacation of Laurel Street. - Chet Welch Mayor Carpenter stated that at a previous meeting Mr. Chet Welch had appeared before the Council requesting the vacation of a portion of Laurel Street in Pleasant Ridge No. 2, and the Council had referred him to the Planning Commission. Councilman Banks commented that the Planning Commission had reviewed the situation and had recom- mended approval of the vacation. He then moved that an ordinance be prepared to vacate said Laurel Street in Pleasant Ridge No. 2. The motion was seconded by Councilman Carter and, upon vote, carried. Bill No. 11 - Ordinance No. 1299 Councilmen Gambea and Dakan introduced in written form Bill No. 11, entitled: AN ORDINANCE DETERMINING THAT CERTAIN LAND IS CONTIGUOUS AND ADJACENT TO THE CITY OF CALDW14 STATE OF IDAa AND DBOLARING SAID LAND, BY PROPER LEGAL DESCRIPTION THEREOF, TO BE A PART OF THE CITY OF CAL11N1ELL, CANYCN COMITY, IDAHO. which was read for the third time and the Council proceeded to consideration of Bill No. 11. It was moved by Counci Dakan, seconded by Councilman Carter, that Bill No. 11 do pass. The Mayor directed the Clerk to call the roll on the above motion wbioh-resalted as follows: Those voting in the affirmative- Darn, Carter and Banks. negative votes: Williams. Absent and not voting: Gambea and McCluakay. Thereupon, the Mayor declared that Bill No. 11 had passed and the Mayor in open session of the Council duly signed and approved the bill and the Clerk duly signed and attested the same which became Ordinance No. 1299. The Mayor directed the Clerk to make proper entry of the same and to cause Ordinance No. 1299 to be published in the News - Tribune,, the official newspaper of the City of Caldwell, as required by law. Discussion of letter from Stanley D. Crow Mayor Carpenter referred to the letter from Stanley D. Crew regarding a Uniform Community Standard: Ordinance which had previously been distributed to the members of the Council for review. He stated that the City Attorney had communicated with Mr. Crow and had received a copy of the ordinance. Mr. Davis stated that it would be his recommendation not to take action in the matter until the Attorney General's office produced a definite opinion. Cements from Councilman Banks Councilman Banks informed the Council of problems in the.eampietion of the now swimming pool. He stated that one problem was the striping of the racing lanes which was found to be unsatactory. He added that new paint had been ordered and would arrive the next morning. Regarding the repainting, Councilman Banks had been asked to request the Council to go along with an additional $150.00 to $175.00 for labor. He 572 added that another problem was unsatisfactory blacktopping. After some discussion, it was moved by Councilman Carter, seconded by Councilman Dakan, to deny the request for additional money for striping the racing lanes. After a vote, the motion carried. Councilman Banks also connected on the fact that sections of the park and golf course were in need of irrigation. The Mayor stated that problems in this area were being worked out. Comments from Councilman Dakan Councilman Dakan cemented on the proposal to the City from the joint effort of the Caldwell City Police and the Canyon County Sheriffs office on combining duties. He stated that it bad been recommended that Chief Astleford, Sheriff Nourse, Mayor Carpenter, a member of the County Commissioners and a member of the City Council meet to review the proposal before formal presentation. The Mayor added that the Prosecuting Attorney would also be included and the meeting would be h91d In the near future. Discussion of water meter installation charge Mayor Carpenter presented for discussion the cost of water meters for normal domestic use. He informed the Council that he requested Water Superintendent Jack Johansen to compile the following figures on the actual average cost of meters over the last 200 services which he had put into operation: Cost of materials over last 200 services 86.00 Coat of labor based on 10 hours ® $ 3.79 37 -90 TOTAL 123.90 The Mayor stated that the City presently charges $70.00 for each meter and installation and added that there were other cities which charge from $100.00 to $125.00. Councilwoman Williams asked what procedure would be necessary to change the presuet cost. To this Councilwoman Williams then recommended that the Water Committee of the Council shady the situation and repor back at the neat meeting. Letter from M. L. Sines Mayor Carpenter read the following letter from M.L. Sines of the House of Bargains: House of Bargains 424 Main street Caldwell, Idaho 83605 June 25, 1973 Mayor & City Council of Caldwell city Hall Caldwell, Idaho 836o5 Gentlemen: I would like to request two, one hour parking stalls at the corner of Fifth and Main Streets, on the Fifth Street Side as trucks are left parked there for a week at a time and we need this area for customer parking. Very traly yours, MDSE OF BARGAINS /a/ M. L. Sines Upon question, Chief of Police Charles Astleford stated that he would recommend the one hour parking. A motion was then made by Councilman Carter, seconded by Councilman Banks, to approve the reque at for one hour parking zones. A vote was taken, and the motion carried. Letter from J. R. Simplot Company Mayor Carpenter proceeded to read the following letter directed to Fire Chief Harold Perfect from General Manager Rock Jones of the J. R. Simplot Company: June 21, 1973 Chief Harold Perfect Caldwell Fire Department Caldwell, Idaho 83605 Dear Sir: On June 19, 1973, I had the pleasure of serving as an observer at the duster site during the Cemmmmity Disaster Drill. After observing your department personnel throughout the dis- aster drill, I can with full confidence say that the Caldwell Fire Department personnel per- formed in an outstanding manner. The efficiency displayed from the time your dispatcher revived the call until the last piece of equipment was placed back on the truck can be rated as superior— The resuscitative operations and assistance rendered to the ambulance crews in treating and removing the victims should make every citizen of Caldwe ll.°!and the surrounding area sleep easier, knowing that you and your people are on duty, and they should all held their heads 573 high with pride in knowing that we in the community have the finest fire department personnel; a department that can compete with any fire department. You and your personnel can be proud of your performance and are to be highly praised for their outstanding display of proficiency. Sincerely, J. R. SIMPLOT COMPANY /a/ Rock H. Jones General Manager Request from Y.W.C.A. The Mayor informed the members of the Council that he had received a request from the Y.W.C.A. funds for senior citizens. Councilwoman Williams commented that there had been soma wrong information given to the Mayor and members of the Council and suggested that Councilman Carter meet with Mrs. Tracy Coker and others involved. She then moved to turn the matter over to Councilman Carter to assume the responsibility of determination. The motion was seconded by Councilman Dakan and, upon vote, carried. Claim denied - petty Lasie The Mayor presented for consideration the following claim from Mrs. Betty Lasie who resides at 723 South 10th: Paint for basement floor - 2 gal. $ 14.00 Drapes - 2 sets 30.00 2 trunks water soaked clothes 50.00 records & books 40.00 labor 14 hr. $2.50 hr. 35.00 Flooding of basement apt. was caused by the valve on the irrigation line blowing off. The yard had been watered at noon, and this break occurred about 5 P.M. The dept. was notified and the ditchrider came and put a plug in the riser, but ili did not completely seal the leak. The seep is what caused the water to continue to came in for about 14 hr. It was moved by Councilman Banks, seconded by Councilman Dakan, to deny the claim and refer it to the City's insurance carrier. A vote was taken, and the motion carried. Claim denied - Larry D. Roe Next to be presented for the Council's consideration was a claim from Larry D. Roe as presented in a letter frointhis attorney. CLAIM AGAINST THE CITY OF CALWILL, IDAHO, AND CANYON COUNTY, IMEO JOINTLY AND SEVERALLY The undersigned being the attorneys of LARRY D. ROE makes this claim against the CITY OF CALIKELL IDAHO, and CANYON COUNTY, IDAHO, ;Jointly and severally, pursuant to Section 6 -907 Idaho Tort Claims Act, and sets forth the following information concern- ing said claim. That this claim is made on behalf of LARRY D. ROE and any and all other persons who have a claim against the CITY OF CALDWELL, IDAHO, and CANYON cOUNTY, IDAHO, as a result of an accident occurring within the City of Caldwell, Idaho, and Canyon Comity, Idaho, as herein set forth. I . That claimant was injured on the 24th day of April, 1973, as a result of an automobile accident. That the automobile accident occurred on said day on Franklin Road approximately 261 feet West of Notus Canal within Canyon County, Caldwell, Idaho. II. That the claimant, LARRY D. RAE, was a passenger in a 1929 Ford 2 -Door, license plat 1973 Idaho 2C 70280, driven by JOHN T. BARTON, driver's license Idaho 519 -50 -6310. III. That the conduct of the CITY OF CALDWELL, IDAHO, and CANYON COUNTY, IDAHO, com- plained of is a failure to property, adequately, and reasonably provide cautionary signs, lights, or warnings necessary to enable motorists to anticipate that the read is under construction. Further conduct complained of by claimant is that any warnings or cautionary signs, lights, or barraeades, if ary used, were inadequate to serve the purpose of warning motorists of hazardous conditions then and there existing. IV. Claimant does not know the names of all persons involved, however, they would be employees, agents, contractors and servants of the CITY OF CALDWEDS IDAHO find CANYON COUNTY, IDAHO, and, therefore, should be known to the CITY OF CALDWELL, IDAHO, and CANYON COUNTY, IDAHO. 5.7 V. The amount of damages claimed by claimant, LAM D. RCE, is in excess of Ten Thousand ($10,000.00) Dollars. VI. The actual residence of claimant at the present time is 1205 West Flamingo, Nampa, idabo, 83651. The address of claimant daring the period six (6) months preceding the time this claim arose was the same as shown. VII. This office makes this claim for all claimants involved in said accident whether or not listed herein as a claimant. DATED this 20th day of J une, 1973. Brace 0. Robinson Kenneth F. Uhite Theodore V. Spangler, Jr. Attorneys for Claimant A motion was made by Councilman Banks, seconded by Councilman Carter, to deny the claim and refer it to the City's insurance carrier. After a vote, the motion carried. Indemnity Agreement approved The following Indemnity Agreement was presented for the consideration of the Council, indemnif and saving,harmless the City of Caldwell, its Mayor and Council against any and all lass, damage, cost and expense by reason of the use of the following described burial lot in Caldwell Municipal Censtery: Space 6, Yet 57 of Block 9 for the burial of George Wesley Roberson It was moved by Councilman Banks, seconded by Councilman Carter, to approve the Indemnity Agree- meat. Upon vote, the motion carried. Request for temporary morgue - Harold Craven Mayor Carpenter acknowledged Mr. Harold Craven, Canyon County Coroner, who presented a proposal to the Mayor and Council requesting the use of the Maintenance Shop hanger at the present airport as a tem- porary morgue in case of an emergency situation. After a brief discussion, it was moved by Councilman Dakan, seconded by Councilman Carter, to approve the request for use of the hanger for a temporary morgue. After a vote the motion carried. Parking agreement approved Regarding the rental parking area sponsored by the Merchant's Association, the Mayor read the following agreement: PARKING AGREEMW THIS AG FP, made , 197 between the Mr CF CAL DWEI4 IDAHO, referred to as City herein, and referred to as Tenant herein, WITNESSETH: 1. The City hereby agrees to lease parking space to Tenant in the offetreet parking area between Kimball & 9th Streets, and adjacent to the Railroad Right of way, Caldwell, Idaho, on a month to month tenancy, and upon the following terms and conditions. The spaces leased by this agreement are numbered and designated as follevs3 2. The tenant shall pay to City the sum of $ per month for each space. The rental gall be paid on or before the 10th of each month In advance, and payable at the office of the City Treasurer. Pint quarterly, semi - annually or annually, in advance, shall be permitted. 3. The tenant shall only use those spaces assigned to him. 4. The City shall not be responsibile for any damages, injury, or loss occurring to tenants or their property while upon the parking area, not occasioned by the City negli- gence. 5. If payment of monthly space rental shall be delinquent for more than 20 days, this agreement shall be terminated and all rights to use or occupy parking spaces shall be at an end. 6. Vehicles parked in violation of this agreement by tenant or his employees shall be subject to removal by the City at the expense of the tenant. 7. Either party may cancel and terminate this agreement upon 30 days written notice to the other. 8. The city agrees to erect and maintain a sign on the parking lot showing the same to be parking for tenants, and shall number and maintain the parking spaces. 575 IN WITNESS WRERECF, the parties have executed this agreement the day and year first above written. CITY OF CALDWELL BY 51ty Tenant It was then moved by Ovaneilman Banks, seconded by Councilwoman Willi ams, to accept the agreement. A vote was taken, and the motion carried. Bartender permits approved Presented for the consideration of the Council were applications for Bartender Permits from Lends. Lee Barnes, Mike Jess Medellin, Joy C, Adams, Julianne Chacartegui, Kenneth A. Ashford, Edward J. Ashford. Each applicant had been approved by the Chief of Police and was accompanied by a receipt from the Clerk for the required fee. It was moved by Councilwoman Williams, seconded by Councilman Carter, to approve the applications for Bartender Permits and issue same. Upon vote, the motion carried. ffiLls - End June It was moved by Councilman Banks, seconded by Councilwoman Williams, that the warrants for claims and payroll be approved as per list and filed in the City Clerk 'a office. Such warrants being in the totals as followas GENERAL FOND . . . . . . . . . . . . . . . . . . . . . . . . 19, 223.54 Swim Pool Construction . . . . . . . . . . . . . . . . . . . . 682.50 Revenue !haring . . . . . . . . . . . . . . . . . . . 5 248.2 TOTAL GENERAL FOND . . . . . . . . . . . . . . . . . . . . 25;154.29 FIRE FOND . . . . . . . . . . . . . . . . . . . . . . . . . . . 375.55 CEMETERYFOND . . . . . . . . . . . . . . . . . . . . . . . . . . . 246.53 STREET FOND . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6,213-15 ARMORYFOND. . . . . . . . . . . . . . . . . . . . . 76.48 WATER & SEWAGE FUND . . . . . . . . .. . . . . . . . . . . . . . . . 32,058-83 SANITATION FOND . . . . . . . . . . . . . . . . . . . . . . . . . . . 9,668.89 IRRIGATION FUND . . . . . . . . . . . . . . . . . . . . . . . . . . . 45.22 TOTAL ALL PONES . . . . . . . . . . . . . . . . . . . . . . . . . . . 73,859.94 Upon vote, the motion carried. There being no further business to come before the Council at this time, it was moved by Counoi Carter, seconded by Councilman Dakar, that the meeting recess until Julyy 16th at 8 #00 P.M. After a vote, motion carried. The meeting recessed at 9.35 P.M. city Cle•c CCUNCIL CHAMBERS July 6, 1973 11#00 A.M. The Council met pursuant to call and acknowledgement of notice in the following form- We the Undersigned NaWor and Members of the City Council of the City of. Caldwell, Idaho, do hereby acknowledge notice of a Special Meeting of the said City Council to be held in the Council Chambers in the City Hall of Caldwell, Idaho at the hour of 11:00 A.M. on the 6th day of July, 1973, for the transaction of all business in connection with the following object: consideration of garbage rates and other business. Witness our signatures this 6th day of July, 1973: / Nav C7=0=nci n ✓ Councilman Councilman Councilman Mayer• Charles W. Carpenter presiding. Upon Roll Call, the following members of the Council answered presents Alta E. Williams, Charles C. Banks, James R. Dakan and Lester E. Carter. Absent: Alfred R. McCluskey and Joe Gamboa.