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HomeMy WebLinkAbout1971-08-16city council minutesM. • Bills - End July It was moved by Councilman Martin, seconded by Councilman Banks, that the warrants for claims and payrolls be approved as per list and filed in the City Clarke office. Such mrrants being in the totals as follows: Warrant Numbers 595 thru 640, General Fund .... . ..... . .—.- $ 10,441.55 Warrant Numbers 337 thru 359, Water & Sewer Fund: Water ------ ------ — -------- —_- 1,659.26 Water, Capital----- ------ - -- --- 1,109.20 Treatment Plant----- ------ - - - --- 915.19 Water, General Office----- -- - - -_ 424.66 Sewer Maintenance-------- -___4- 713.84 Sewer Maint., Capital----- -____- 8 830.80 Warrant Numbers r 593 thru 627, Special Funds- Fire --------------------------- ..1,782.32 C emetery - --- -- ---- --- --- -- - --- -- 11.75 Street -- - ------ - _-- -------- -- -- 3,694.09 Street, Capital----------- - -- - -- 6,790.3.1 Sanitation, Capital--- ---- ---- -- 615.00 Sanitation, Contract- - - - - -- 7,307.25 Armory -- - - - --- --- ------ -- --- 120.00 Irrigation- e --- -_ ---------- 92.47 Registered Warrants (Int. Fin.)- 12,250.00 L.I.D. #67 ------- -- ___- -__ - -- 10.50 70 Warrant Numbers 1165 thru 1279, General Fund (excepting #1165, #1166, #1168, #1170, $ 67,60 #1171, #1172, and #1173), July 47,468.10 Warrant Numbers 1280 thru 1350, Special Funds (including #1165, #1166, #1168, #1170, #1171, and #1173), July Payroll--- - - - - -- '- °- °_' °'_ °-� 23,900.68 Warrant Numbers 1351 thru 1380, Water & Sewer Fund (including #1172), July Payroll --------------- - - - - -- 6.895.53 $145,887.50 A vote was taken and the motion carried. It was moved by Councilman NoCluskey, seconded by Councilman Banks, that the meeting recess until 8:00 p.m. on the 16th day of August, 1971. A vote was taken and the motion carried. 7ii"eting recessed at 11-25 p.m. Cr Y e COUNCIL CHAMBERS AUGUST 16, 1971 The Council met pursuant to recess and acknowledgment of notice in the following forme We, the undersigned Mayor and Members of the City Council of the City of Caldwell, Idaho, do hereb acknowledge notice of a Recessed Meeting of the said City Council to be held in the Council Chambers in the City Hall of Caldwell, Idaho, at the hour of 8:00 o'clock P.M. on the 16th day of August, 1971, for the transaction of all business in connection with the following obfecte Now and unfinished business. Witness our signatures this 16th day of August, 19711 1 Co uncilman C ounciMn Counciamn Mayor Charles 11. .Carpenter presiding. Upon Roll Call, the following Councilmen answered presents Alfred H. MoCluskey, James W. "Bill" Keys, V. Jay Martin and C. A. "Chet" Davenport. Absent: Charles C. Banks and James R. Dakan. Rudolph Subdivision Plat The first order of business was the introduction of Mr. Charles Rudolph with a preliminary plat Rudolph Subdivision on Hi11crest between South Georgia and Mt. View Avenue. City Engineer Melvin Iewia at he though Mr. Melvin Davenport, Engineer, was going to be present at the Council meeting and present the h copy of this preliminary plat. He also read a portion of a letter from the Caldwell Irrigation District which stated "In reference to your letter of August 3, 1971, regarding the copy of the preliminary of Rudolph Subdivision to the City of Caldwell, Idaho, the board of Directors of the Caldwell Irrigation Dist recommend a complete irrigation system before building" -- Mr. Lewis stated that in the past the Council had not requested this be done. P ,*. Rudolph said the irrigation system would be practically the same and that they would not be interferring with the present system and therefore he did not understand why a com- plete new system would be required. Mr. Lewis then stated that because W. Melvin Davenport had not been present and presented the hard copy of the plat of this subdivision, there was no action to be taken by the Council at this time. In the meantime he would get together with YW. Rudolph and the Caldwell Irrigation District and discuss the irrigation requirements. Bill No. 22 - Ordinance No. 1230 Councilman Martin introduced Bill No. 22 entitledr AN OF ID ORDINANCE TO AMEND TITLE 5, CHAPTER 10, SECTION 10, OF THE CITY CODE OF CALDNELL, COUNTY OF CANYON, STATE which was read for the first time and the Council proceeded to consideration of Bill No. 22. It was moved by Councilman Martin, seconded by Councilman McCloskey, that the rules requiring the reading of a Bill on three separate days be suspended and that Bill No. 22 be read the second time by title and the third time in full, section by Section. The Mayor directed the Clerk to call the roll on the above motion with the follow ing result. Those voting in the affirmative. VaCluskey, Keys, Martin and Davenport. Negative votess none. Absent and not voting: Dakan and Hanks. The Mayor declared the motion had passed by the necessary one -half plus one of the members of the full Council and directed the Clerk to read Bill No. 22 the second time by title and the third time in full, section by section. The Clark read the Bill as directed. It was moved by Councilman Martin, seconded by Councilman McCloskey, that 3111 No. 22 page. The Mayor directed the Clerk to call the roll on the above motion which resulted as f 2l0ws: Those voting in the affirmative worst Keys, Davenport, Martin and McCluskey. Negative votes. none. Absent and not voting; Dakan and Banks. Thereupon the Mayor declared that 3111 No. 22 had passed and the Mayor in open session of the Council duly signed and approved the Bill and the Clerk dul signed and attested the same which became Ordinance No. 1230. The Mayor directed the Clark to make proper entry of the same and to cause Ordinance No. 1230 to b published in the Noma - Tribune, the official newspaper of the City of Caldwell, Idaho. Bill No. 23 - Ordinance No. 1231 Councilman Davenport introduced Bill No. 23, entitled: ACAIN AN ORDINANCE CALLING AN ELECTION FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED ELECTORS OF THE CITY OF ELL, IDAHO, THE PROPOSITION OF THE ISSUANCE OF $377,250.00 GENERAL OBLIGATION LIBRARY BONDS OF SAID CITY, AMID PROVIDING FOR THE ISSUANCE OF SUCH BONDS IN THE EVENT THEY ARE VOTED AT SUCH ELECTION. which was read for the first time and the Council proceeded to consideration of Bill No. 23. Councilman Davenport raised the question as to the stated amount of $321,156.00 for the issuance of bonds, pointing out there was no reference to possible Federal Funds available. Attorney Davis stated he had talked to Mrs. Alice Dunlap, City Librarian, and understood her to say that the maximum amount of federal funds avail- able would be $56,094.00. If this amount was added to the $321,156.00 it would bring that figure to $377,250.00, then in the event Federal Funds were not received, the amount would be adequate for the neces- sary expenses to be incurred. If, an the other hand, Federal Fonda were received, it would not be necessary to sell bonds for the full amount. He further pointed out that this would be the maximum that mild be ON- pended, but if this amount was not needed, it would not have to be used. Councilman Martin stated he felt this was the logical thing to do, and asked that this change be recorded in the minutes. It was then moved V Councilman Davenport, seconded by Councilman Martin, that the rules requiring the reading of a Bill on three separate days be suspended and that Bill No. 23 be read the second time by title and the third time in 'ull, section by section, wilathis correction. Councilman McCluskey stated that before he made the vote on iassage 100 %, he wished to state that he did not concur with the library board on the location, but that 'es, he would go along with this proposal. The Mayor directed the Clerk to call the roll on the above mots ith the following result. Those voting in the affirmatives Keys, Martin, Davenport and Mccluakey. Negati otes: none. Absent and not voting: Banks and Oaken. The Mayor declared the motion had passed by the nee- seary one -half plus one of the members of the full Council and directed the Clerk to read Bi11 No. 23 the econd time by title and the third time in full, section by section. The Clark read the Bill as directed, t was moved by Councilman Davenport, seconded by Councilman Martin, that B131 No. 23 pass. The Mayor direr i the Clerk to call the roll on the above motion with the following results: Those voting in the affirmati 70 were: Martin, Davenport, McCluskey and Keys. Negative votes: none. Absent and not voting: Banks and Dakan. Thereupon the Mayor declared that Bill No. 23 had passed and the Mayor in open session of the Cannot. duly signed and approved the Bill and the Clerk duly signed and attested the same which became Ordinance No. 1231. Fiscal Agent for Library Bond Election Mayor Carpenter informed the Council members that in connection with the Library Bond Election, it will be necessary to decide upon a Fiscal Agent to handle the bonding program. He further stated that he had received two requests, one from the Idaho First National Bank and one from the First Security Bank of Idaho. Also, that the Council members were at liberty to make furthr suggestions. Councilman Martin asked the Mayor if he would care to report on the recommendations of the Finance Committee, whereupon Mayor Car- penter stated that the Finance Committee had recommended that the Bank receiving the bid for the Tax antici- pation notes be chosen to not in this capacity, as this would be more or less a small reward for the low bid on the Tax Anticipation notes, and would establish somewhat of a policy for future bond election. It was moved by Councilman McCluskey, seconded by Councilman Davenport that the First Security Bank of Idaho, who made the low bid on Tax Anticipation notes, be chosen to serve as Fiscal Agent for the Library Bonding Program. A vote was taken and the motion carried. Notice of General Municipal Election Mayor Carpenter stated that the General Municipal Election will be held on November 2nd this year and a Notice of this Election would need to be published. A motion was then made by Councilman Martin, seconded by Councilman Davenport that Mr. Wayne Davis City Attorney, be instructed to prepare a Resolution to be presented at the next Council Meeting giving Notice of the General Municipal Election to be held on November 2, 1971. A vote was taken and the motion carried. Program for Cooperation with Caron County in registration of Voters Mayor Carpenter informed the Council that Mr. Englehart, City Clerk, had had a number of sessions with Mr. Walter Fry, County Clerk, in regards to a program which is being set up for a joint registration of voters on a cooperative basis between the city and county. To do this they are setting up the processing through the county IBM machines for registration cards, which program will enable individuals to register either at the City Hall or the County Court House and by the card system be registered for National, State and City elections. Councilman Keys asked if this would eliminate registrars and Meyer Carpenter stated there would still be precinct Registrars the same as always, plus year around registering at the City and County Clerks offices. Councilman Martin said he didn't see how this would Gave the City any money as far as registering was concerned, but Mayor Carpenter pointed oat that it would in that if a person registered for the national election, he would automatically be registered for the city elections. Councilman Martin asked how much it was going to cost the city and City Attorney Davis read a portion of a copy of an Agreement between the Citl of Nampa and the County of Canyon, am follows: "The Country agrees to furnish print -outa of qualified elec. tors by precincts on forms wuitable for Liao by the City Clerk and by elected officials for use in the condul of City elections. The City agrees to pay the County for the print -out papaer, cards, supplies and computer time at the cost to the County." Mayor Carpenter stated the coat would depend upon the time and material used, and whether the city prepares their cards or pays the county to prepare them. At the present time, the thinking seems to be to have one of the city employees trained to prepare the cards. A motion was then made by Councilman Martin, seconded by Councilman McCluakey, that this matter be tabled for further discussion at the next meeting subject to a report from the City Clerk andCity Attorn A vote was taken and the motion carried. Plat of Westgate Subdivision No. 2 Mayor Carpenter recognized Mr. Francis Loop and asked him if he had anything to bring before the Council, at which time Mr. Lewis, City Engineer, presented the final plat of Westgate Subdivision No. 2 with the explanation that the preliminary plat had previously been approved by the Council. Since that tim Mr. Lewis stated, the easements had been updated regarding the Idaho Power Company's requirement of a $ -foo easement on front of all the lots. Also, that all the other easements are in order, the streets have been - named and the lot sizes are in accordance with the preliminary requirements. Mr. Lewis then recommended 71 i r that the plat be approved. A motion was made by Councilman McCluskey, seconded by Councilman Keys that the final plat of Westgate Subdivision No. 2 be approved and the Clerk and Mayor be authorised to sign the plat and affix the official seal of the City of Caldwell thereto. A vote was taken and the motion carried. Requested change in "B" of the "AB" Residential Zone to "CD" Commercial Mayor Carpenter read the following latter: Mayor Charles W. Carpenter Members of the Caldwell city Council Caldwell City Building Caldwell, Idaho July 26, 1971 Gentlemen: We the Board of Adjustment for the City of Caldwell recommend that the following described area now in "B" of the "AB" Residential Zone be changed to °CD commercial Zone. Beginning at a point that is the intersection of the North Boundary line right -of -way of U.S. Highway 20 -26 & 30 and the East boundary line right - of -way of North let Avenue; thence continuing in a Northeasterly direction along the East boundary line of said let Avenue to the South boundary of the Notus Canal right -of -way; thence in a Easterly direction along the South side of said Notus Canal to North Illinois Avenue; thence in a Southeasterly direction along said Canal right -of -way to its intersection with the North boundary line of U.S. Highway 20-26 & 30; thence in e Northwesterly direction along said Highway to the Point of Beginning. The Board realizes that a small portion of the area described above is now designated as "GD" Zone. /S/ Sincerely, Bob Nichols Chairman Board of Adjustment, Caldwell At the Mayors suggestion, Building Inspector George Dufur, pointed out this property on the City map as being in the area just off Highway 20 -2630 and stated this change was requested by Bob Franklin of Franklin Oil Company. Councilman Martin questioned the action at this time due to the fact that the city is in the process of a comprehensive all -over re- zoning plan, although he further stated he was not necessarily in opposition to this request. After a brief discussion, it was moved by Councilman Martin, seconded by Councilman Keys, the City Attorney be instructed to prepare the necessary Ordinance calling for a Notice of hearing on this request zone change. A vote was taken and the motion carried. Requested change in "B" of the "AB" Residential Zone to "CDn Commercial Mayor Carpenter read the following letter: August 10, 1971 Mayor Charles W. Carpenter Members of the Caldwell City Council Caldwell City Building Caldwell, Idaho 83605 We the Board of Adjustment for the City of Caldwell recommend that the following described area now in "B" of the "AB" Residential Zone by changed to "CD" Commercial Zone. The Northwest 1/4 of the Northeast 1/4 of Southeast 1/4, Section 22, Township 4 North, Range 3 West of the Boise Meridian. Except those portions now used as right -of -ways for U.S. Highway 20 -26 & 30 and the Notus Canal. This area is better known as the area to the Southeast of the 10th Avenue approach to U.S. Highway 20 -26 & 30. The property is presently owned by Robert Bushnell. Sincerely, Bob Nichols Chairman Board of Adjustment Councilman Keys asked if this request was to accomodate some now construction, and the Building Inspector replied that he did not know. Councilman Martin stated he understood it was proposed by the High- way Department to re -do the Interchange at this location and if there was aontemplated construction on this site, it would be a sad situation if they built on ground that was necessary for the right -of -way. Mayor Carpenter expressed the opinion that it would be nice to know if Mr. Bushnell had something real definite in the near future for the development of this property. It was then moved by Councilman Keys, seconded by Councilman Martin that this request from the Board of Adjustment for a change from "B" of the "AB" Residential Zone to "CD" Commercial Zone be tabled for further investigation and discussion. A vote was taken and the motion carried. 72 Request for change in "B" Residential Zone to "CD" Commercial A portion of the Minutes of the August 12, 1971, meeting of the Caldwell City Board of Ad3ustment was read by the Mayor as follows: "The Board also recommended to the Mayor and City Council that the South one -half of Block 45 of the Original Townsita be changed from "B" Residential to "CD" Commercial. This is also known as the 1200 Block on Chicago Street." It was moved by Councilman Keys, seconded by Councilman Moaloskey that the City Attorney be in- structed to prepare the necessary Ordinance calling for a Notice of hearing on the requested zone change. A vote was taken and the motion carried. Blacktopping of Sidewalks on Blaine Street Mayor Carpenter stated the City had been asked by Mr. Howard Dobbs and Mr. Clyde Balding for a determination as to what to do with the areas that have been left in gravel on the north side of Blaine Street between the property line and the curb and gutter. These gentlemen, he stated, would like to black- top the whole area. This would cover part of the area which would normally be sidewalk area. The past pol. icy has been, Mayor Carpenter stated, to not black -top sidewalk areas. Councilman Kays inquired if they wanted the City to do this. Mayor Carpenter replied, yes, but that in the past it had been the responsibility of the owner to maintain this area whether it was in grass, trees, shrubs or sidewalk. Councilman Martin inquired if this land by rights didn't belong to the State. Mr. Iswis replied that the city had agreed with the state it will be state right -of -way, but that the state is not going to put in sidewalks unless by a previous agreement as in the case of Mr. Bell as a part of easement negotiation Likewise, they are not going to say what goes in there as they feel that would come under city policy. Councilman Keys asked the policy of the city for sidewalk width, to which Mr. Lewis replied that there is none for downtown. The residential sidewalk is 5 feet wide. Mr. Iawia further stated that Mr. Dobbs wanted his to appraise the Council of the fact that he did previously have oil in the area and of course the right -of -way future was indeterminate when he put it in. He thinks he should have acme consid- eration now because he did have it black - topped clear out to the center of the street at one time. He feels he should, therefore, have some sort of a compromise replacement. After some further discussion on the matter, a motion was made by Councilman Martin, seconded by Councilman MoCluskey that this matter be referred to the Street Committee for recommendation and presentat at the next council meeting. A vote was taken and the motion carried. Removal of trees on Meadow Avenue Mayor Carpenter stated that Mr. Iewis had contacted Moore Tree Service and received a quotation of $400.00 to remove 12 trees and miscellaneous brush on Meadow Avenue in the two blocks between West Ash j Street and West Elm Street. A motion was made by Councilman Keys, seconded by Councilman MOCluskey authorizing the of $400.00 for the removal of those trees and brush. A vote was taken and the motion carried. letter from Cfelia Ramirez The following letter was read by the Mayors 222 Holly St. Caldwell, Idaho August 4, 1971 City Hall Caldwell, Idaho Dear Sirs t A while back I called your office asking for information about some property that the city owns. I was told that I had to make a request to the City Council to have the property assessed and put up for bids. The land in question is a triangular piece of land between Paynter, 4th Ave., and Grant St. I want it to homestead it and if it is offered at a reasonable pride, I'm willing to buy it. I am making this request to the City Council to do what is necessary to sell this property. Please let me know when you will start doing something about my request. Sincerely yours, 0@elia Ramirez 73 Councilman McCloskey stated he thought this would make a real nice little recreational area and would add to the city's park system. Mr. Iewis, City Engineer, informed the Council this property had been acquired by Tax Deed by the Pioneer Irrigation District and in tarn deeded to the city when a Local Improvement District was put in then I� After a brief discussion, a motion was made by Councilman McCloskey, seconded by Councilman Martin, that this request be denied and the property retained by the city. A vote was taken ±and the motion carried. Leave of Absence - Charles C. Childers The following letter was read by Mayor carpenters August 6, 1971 To: The Honorable Mayor and City Council From: The Chief of Police Subject: CHILDERS, Charles C., Request for extension of Leave of Absence Oentlemen: Attached herewith is a letter addressed to the Honorable Mayor and City Council from Charles C. CHILDERS requesting an extension of his leave of absence for another twelve (12) months to further his education in the police field at Boise State College. I had no part time job this summer for Officer Childers but he has worked as a Deputy Sheriff for Canyon County which has indicated to me that he still has a sincere desire to be a police officer. I would recommend that this request be granted. Respectfully, /s/ Charles W. Astleford Chief of Police August 4th, 1971' To: The Honorable Mayor and City Council of Caldwell, Idaho Through the Office of the Chief of Police From: Charles C. Childers Subject: Request for a Leave of Absence Gentlemen: I would like to request that the City of Caldwell renew my prior request for a twelve month leave of absence, without pay, as provided for in Item #10 of the City of Caldwell's policy. I would like for this to be effective August 30, 1973- The leave of absence is being requested to enable me to return to Boise State College where I have been working toward a degree in Criminal Justice Administration. I fully realize that being placed on this leave of absence does not commit the City of Caldwell to re- amploy me at my convenience, but it will at'the City of Cald- well's convenience, when an opening arises. I was originally employed by the City of Caldwell from June 2nd, 1969 to August 11th, 1970 and have worked this past summer from Sheriff Dale G. Haile as a Deputy for Canyon County Sheriffs Office. Thanking you in advance for your consideration. Respectfully /sl Charles C. Childers- it was moved by Councilman McCloskey, seconded by Councilman Davenport, this request for leave of Absence for Charles C. Childers by granted. A vote was taken and the motion carried. Indemnity Agreement Approved - Instrument No. An Indemnity Agreement to save harmless the City of Caldwell, its Mayor and Council against any and all loss, damage, coats and expenses by use of Space 7 Block 8 Lot 2 for the burial of Ralph R. Randal with said Agreement being presented by Irene Thorn was presented for the consideration of the Council. The property had been deeded to R.C. Towns and the Indemnity Agreement was accompanied by an Affidavit from Iren Thorn certifying that she is the niece of R. C. Towns, deceased. It was moved by Councilman Keys, seconded by Councilman Martin that the Indemnity Agreement from Irene R. Thorn be approved. A vote was taken and the motion carried. Report of Police Department The monthly reports from the Police Department for the months of June, 1971 and July, 1971, were read for the consideration of the Council and ordered placed on file. Applications for Bartender Permits approved 74 Applications for Bartender Permits from Richard E. Burk and Emilio Garcia were presented for the consideration of the Council. Each 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 Ne Cluskay, seconded by Councilman Davenport that the applications for Bartenders Permits be approved and that the Permits be issued. A vote was taken and the motion carried. Delinquent Garbage Accounts discussed Councilman Keys brought up the issue of the city's delinquent garbage bill stating that some of the accounts run as high as $400.00, and asking if there is not some way these can be collected. Mayor Carpenter replied this has been going on for some time and does really present a problem due to the fact that these occupants are not on city water so the city has no control over them in that man - nor. He said he would appreciate asy suggestions. Councilman Martin asked about the possibility of putting lien against the property. City Attorney Davis pointed out that a mobile home is not real property, and it might be rather difficult to put a lien on the real estate upon which the mobile home is situated, if the property owner was not the party who was indebted to the city. He also stated that usually these people keep these mobile homes mortgaged for their complete worth. Mayor Carpenter stated that the City has been able, in a lot of these cases, to collect a small i amount each month against these old bills. Note read from Caldwell Merchants Councilman McCluskey read the following notes nA Spokesman for the Kimball Avenue Merchants called me just prior to this meeting and requested that I commend those responsible for the lack of Disruption and the Control of Traffic during the present reconstruction of Blaine Street. They feel that whoever has been responsible should be thanked publicly. - Hopefully - Et7 the Council - The Chamber of Commerce - and the Now Media - Mayor Carpenter informed the Council that through his office letters of appreciation to these people involved would be written. Hillcrest Plat Melvin Lewis, City Engineer, stated Mr. James Falmore had contacted him regarding a plat on Hill - crest on which there seemed to be some question as to the width of the street right -of -way. He said he had informed Mr. Fulmore this plat would have to be submitted to the Flaming Commission and approved by them before being brought to the Council for their action, but that this had not been done. After a brief discussion, Councilman Keys made a motion, seconded by Councilman Martin that the City Engineer write a letter to Mr. Fulmore instructing him to proceed through the proper channels by pre- _ senting his plat of Hlllcrest to the Planning Commission for their action and recommendation. A vote was taken and the motion carried. Bills Mid- August It was moved by Councilman Martin, seconded by Councilman Davenport that warrants for claims be approved as per list and filed in the City Clerk's office. Such warrants being in the totals as follows: Warrant Numbers 641 thru 690, General Fund $ 5,313.86 Warrant Numbers 360 thru 397, Water & Sewer Fund Water 2,010.68 Water, Capital 1,665.04 Water, Capital Improvement 10,350.00 Treatment Plant 896.14 Treatment Plant, Capital Improvement 48.23 Water, General Office 98.00 Sewer Maintenance 80.50 Sewer Maintenance, Capital 64.26 Warrant Numbers 628 thra 683, Special Fund Fire 233.01 Cemetery 535.50 Street 7,079.33 Sanitation 15.19 Armory 32.40 Irrigation 612.52 L.I.D. #67 119.13 9, .79 A vote was taken and the motion carried. It was moved by Councilman McCluskey, seconded by Councilman Davenport that the meeting adjourn. A vote was taken and the motion carried. The meeting adjourned at 10:00 P.M. yam , Deputy City Clerk