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HomeMy WebLinkAbout1976-08-17city council minutesBook 17 REGULAR MEETING August 17,1976 7:30 P.M. The Meeting was called to order by Mayor Pasley. Page 167 The Roll of the City Council was called with the following members present: McCluskey, Olesen, Williams, Raymond, Banks, and Bauman. (APPROVAL OF THE MINUTES) It was MOVED by Williams, SECONDED by McCluskey to dispense with the reading of the minutes of the Regular Meeting of August 3, 1976, and approve them as written. MOTION CARRIED The Mayor stated that Helen McKinney asked him to announce that the ground breaking ceremonies for the Veterinary Science Building will.be held on Friday at 11:00 A.M. at the corner of Montana and Homedale Road. The Mayor and City Council were invited to attend. (AUDIENCE PARTICIPATION) The Mayor stated that this was the time during the City Council Meeting for audience participation. The Mayor recognized Frank Smelser, who in turn introduced Mrs. Nordby. Mr. Smelser was the Administrator for her estate. Mr. Smelser explained that Mrs. Nordby and her husband ran .a Dairy Supply House and Repair at Denver and Seventh _for the last eight years. Her husband died recently and she has since leased the building. They have found now that the property was not properly zoned. The Mayor consulted the map and found that the property in question was zoned as Residential. The Mayor explained to them that this problem would have to be referred to the Planning and Zoning Board. -They would in turn recommend to the City Council what they felt should be done. The Mayor then recognized Val Wallace, President of the Caldwell Tennis Club. She explained that she had come to the City Council Meeting to present to the City of Caldwell a check for $468.00 to pay for the new nets for the Tennis Courts. She also expressed a thank you to the City of Caldwell for refinishing the Tennis Courts. The Mayor then read a letter that he had received that -was not on the Agenda. The letter was from Mrs. Scott Clark explaining how she had fallen crossing Seventh Avenue due to the fact that the metal plates that cover the gutter between-the street and the sidewalk were separated several inches allowing her foot to go between resulting in her falling on the sidewalk and injuring her left leg and left hand. She was seen by a doctor and was asking the City of Caldwell to pay for the call at the doctor's office and for the x -rays that were taken of her hand. MOVED by McCluske.y,_SECONDED , by, Williams to deny the claim and refer to the City's Insurance Carrier. MOTION CARRIED OLD BUSINESS (LETTER READ FROM CH2M BY MAYOR) The. Mayor read.a letter dated August 4, 19.76, from CH2M stating that they were pleased to learn that the City of Caldwell had Book 17 Page 168 selected a course of action that might result in significant financial savings when the City's sewage plant was upgraded. They went on to declare that they were disappointed that the City had not selected them to help appeal the discharge permit requirements. The letter discussed the problems at hand . regarding the situation with the Caldwell Treatment Plant and they again stated that if they could be of any assistance either in strategy or technical aspects of the appeal; to please give them a call. The Mayor explained that he wanted the letter read so that it would be in the minutes. (PUBLIC HEARING; ORDINANCE 1393 - SMEED PROPERTY) The Mayor explained that the City has publicly advertised and notified a number of people regarding several past acts that were not according to the new Planning and Zoning Law which became effective on July 1, 1975. The first of several public hearings was consider a zoning change that was requested by the owner, Ralph Smeed. This property was near the vicinity of Chicago and Twenty -first Street. The Mayor then declared the City Council Meeting open for a Public Hearing concerning this request for a zoning change. The change had been recommended by the Planning and Zoning Board. Sines there was no co mnents, the Mayor presented Bill No. 25 by title only for consideration as follows: AN ORDINANCE CHANGING FROM 'Y' GENERAL USE ZONE TO THE "E" INDUSTRIAL ZONE THE REAL PROPERTY HEREINAFTER DESCRIBED IN THIS ORDINANCE AND APPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH. Councilwoman. Bauman said that she would be the sponsor of this Ordinance. MOVED by Bauman, SECONDED by Banks to suspend the rules -- requiring the reading of a Bill three separate days and that Bill No. 25 be read the second time by title and the third time in full, section by section. The Mayor called for a roll call vote. Those.voting yes: Bauman, McCloskey, Olesen, Williams, Raymond, and Banks. Those voting no: none. MOTION CARRIED The Mayor directed the Clerk to read the Bill the second time by title and the third time in full. MOVED by Bauman, SECONDED by Banks that Bill No. 25 be passed and entitled Ordinance No. 1393. The Mayor called fox a roll call vote. Those voting yes: Bauman, McCluskey, Olesen, Williams, Raymond, and Banks. Those voting no: none. MOTION CARRIED (CHANGE OF ZONING ON COLLEGE OF IDAHO PROPERTY) The Mayor explained that the second request for a zoning change was in conflict with the Comprehensive Plan that was adopted in 1972. This was a request from the College of Idaho to change the property between Twenty - second and Twenty- fourth Streets and Blaine Street and Cleveland Boulevard from "A" Residential to "CD" Commercial. The question for the City Council to decide was, considering the fact that the City has contracted with Arlo Nelson to.update our.Comprehensive Plan,.whether this Ordinance Book 17 Page 169 should be adopted and noted in the updating of our Comprehensive Plan, which the City Attorney thought was contrary to the Law. The other course to follow was to request: the Planning and Zoning Commission to first change the Comprehensive Plan and then adopt the Ordinance. This would require advertising for fifteen days and a public hearing. The Mayor declared the Meeting open to a Public Hearing and asked if there was any comments regarding this zoning change requested by the College of Idaho from j1 A" Residential to "CD" Commercial. Much discussion followed. The Mayor called on Mr. Alexanderson, Attorney representing the College of Idaho, who stated that he was not aware that this was in violation of the Comprehensive Plan. He stated further that he felt that the College of Idaho would want an amendment or a change in the Comprehensive Plan before the City Council takes any action. The Mayor stated that -if it was the will of the City Council this zoning change would be referred-to the Planning and Zoning Board for them to have a public hearing and after the hearing they would recommend that the Comprehensive Plan be changed. The Mayor said that the Board was to meet this Thursday night. MOVED by Banks, SECONDED by Bauman that the zoning of this property requested by the College of Idaho be referred to the Planning and Zoning Board for them to take action accordingly and then for them to recommend the change in the Comprehensive Plan for the City of Caldwell. MOTION CARRIED (ANNEXATION CHANGES - ORDINANCE NO. 1395) The next item was a public hearing for five annexations. These annexations were different than the zoning changes in that the law states that simultaneously or immediately following the annexation, and after a recommendation from the Planning and Zoning Board which was received, and after a public.hearing which was duly advertised„ then the Zoning and Comprehensive Plan were to be changed. The Public Hearing would be for the annexation of the Airport, Rudolph Subdivision, Idaho - Oregon Land, Caldwell Unlimited, and Darwin Feller properties.. . The Mayor then declared the Public Hearing open for discussion. The Mayor recognized Mr. Fred Hbua ton .wl - ia:aquestioned. as• : o whether the property owners were notified of these annexations. The Mayor explained to him that this was not necessary for annexations as there was not a rezoning involved. Since_there. was :.no more discussion, the Mayor requested that Councilman McCloskey read Bill No. 27 which combines all of these annexations into one Ordinance. The Bill was read by title only as follows: AN ORDINANCE DETERMIN -ING THAT CERTAIN LANDS ARE CONTIGUOUS AND ADJACENT TO THE CITY OF CALDWELLs STATE OF IDAHO, AND DECLARING SAID LANDS, BY PROPER: LEGAL DESCRIPTION THEREOF, AS DESCRIBED IN EXHIBITS "A ", "B ", °'rG ",. "D", AND "E", ATTACHED HERETO AND MADE A PART HEREOF, SHALL BE INCLUDED IN ZONES OF THE CITY OF CALDWELL, CANYON COUNTY, IDAHO, AS FOLLOWS: Exhibit rA" _ " CD 11 - Commercial Zone Exhibit "B" - "E" Industrial zone Exhibit "C" - "CD" Commercial Zone Exhibit "D" - "AB" Residential Zone Exhibit "E" = ",B" Residential Zone Councilman McCluskey stated that.he. would be the sponsor of this Bill. Book 17 Page 170 MOVED by McCluskey, SECONDED by Olesen to suspend the rules requiring the reading of a bill _three; separate days and that Bill No. 25 be read the second time by title and the third time in full, section by section. The,Mayor called for a roll call vote. Those voting yes: McCluskey, Olesen, Williams, Raymond, Banks, and Bauman. Those voting no: none.. MOTION CARRIED The Mayor directed_- -.the - .Clerk. to .read :the Bill the second time by title and the third time in full. MOVED'�,by McCluskey, SECONDED by Olesen that Bill No. 25 be passed and entitled Ordinance No. 1395. The Mayor called for a roll call vote. Those voting yes: McCluskey:; Olesen, Williams; Raymond, Banks, and Bauman. Those voting no: none. MOTION CARRIED (ORDINANCE NO. 1390 THIRD READING) The _Mayor stated that this was the third- reading of- the - Ordinance sponsored.by Councilman Olesen to enable the City to establish a surcharge on the .sewer -bills to provide for capital- improvements for the Sewage Treatment Plant. Councilman Olesen read the proposed Ordinance by title only as follows: AN ORDINANCE TO AMEND CHAPTER 3, TITLE 3, OF THE MUNICIPAL CODE OF THE.CITY OF CALDWELL, COUNTY OF CANYON STATE OF IDAHO, BY ADDING A SECTION TO BE KNOWN AS SECTION 3 -3 -31, PROVIDING FOR A SURCHARGE TO BE LEVIED ON ALL USERS OF THE CITY SEWER SYSTEM UPON PROMULGATION OF RULE AND - .REGULATION PROVIDING, THEREFORE, BY THE CITY ENGINEER AND APPROVED BY THE CITY COUNCIL; PROVIDING THIS ORDINANCE TO TAKE EFFECT FROM._AND- AFTER .ITS:.PASSAGE" APPROVAL AND PUBLICATION ACCORDING.TO.LAW. MOVED by Olesen, SECONDED by McCluskey that Bill No. 22 be passed and entitled Ordinance No. 1390. The Mayor called for a.roll call vote. Those voting yes: Olesen, Williams, Raymond, Banks, Bauman, and McCluskey. Those voting no none. MOTION CARRIED The Mayor explained that this Ordinance gives the City Council the authority to establish the surcharge. At this .point, it has not been established. Mr. Horan, Finance Director, asked if the Council could authorize the City.. Attorney to draw up a Resolution for the 7th of September City. Council Meeting, then it would:be ou:the books regardless of whether the amount of the surcharge,,was .then .established or -not. MOVED by McCluskey, SECONDED by : Olesen that the City Attorney be advised to draw up a Resolution allowing the Finance Director to establish a surcharge of $3 -00 per month starting September 1, 1976. Some discussion followed this motion. The City Attorney felt that this should be considered further as he felt that the Council could not authorize drawing up the Resolution until the Ordinance has been published; It was recommended by the Finance Director that the matter be dropped at this time anal reviewed. Book 17 Page 171 Councilman McCluskey then withdrew his motion and Councilman 0lesen the second. (REPORT ON REQUEST FOR GATE AT LINDEN STREET) The Mayor explained that at a recent Meeting of the City Council when they approved the increase in.the train.speed through Caldwell, the Council.requested that he contact the railroad about a gate at Linden Street. The Mayor called Superintendent May in Pocatello and he advised the Mayor that he would look into the request and let him know as soon as possible. (LOCAL IMPROVEMENT DISTRICT FOR TREE PROBLEM) The Mayor explained that at the last Regular City Council Meeting Councilwoman Williams inquired as to whether it would be possible to have a Local Improvement District for the purpose of caring for the trees.in Caldwell. Jerry Weston was representing the City Attorney that night and told the City Council that he would research this possibility. A letter was received as follows: At the Council Meeting on August 3, 1976, while the City Attorney was not directed to render an opinion, it seems that there was a question on whether or not a local improvement district could be formed for the purpose of caring for trees. In Idaho Code 50 -1706, it was provided that a local imptovement district can be formed for the purpose of "planting, setting out and cultivating of shade or ornamental trees Under that power, it is our opinion that you would have the right to form a local improvement district for the purpose of caring for existing trees. Yours very truly, MILLER, WESTON & TUNNICLIFF Isl Gerald L. Weston (CLAIM AGAINST CITY -- WALLY BURNHAM) Some time ago, the Mayor explained, a claim was presented to the City Council from Wally and Barbara Burnham because of having the sewer flood their basement. The claim was presented to the Council and denied and referred to the Insurance Company. They were now submitting a formal claim as the Insurance Company refused to make any settlement on the claim. MOVED by McCluskey, SECONDED by Bauman that the claim be denied and referred to the City's Insurance Carrier. MOTION CARRIED The Mayor stated that there was two other outstanding claims for the same sort of situation. Some discussion followed as to the procedure that should be taken regarding these claims that were presented to the City Council. (ORDINANCE NO. 1392 - CERTIFICATION ORDINANCE) The Mayor stated that the next order of business was the Certification Ordinance. He asked Councilwoman Williams to read the Ordinance by title -only as follows: AN ORDINANCE "PROVIDING FOR THE ASSESSMENT AND LEVY OF A TAX FOR 'GENERAL REVENUE PURPOSES FOR PAYMENT OF THE CURRENT EXPENSES OF THE CITY OF CALDWELL, IDAHO, FOR THE FISCAL YEAR BEGINNING THE FIRST DAY OF JANUARY, 1976, AND ENDING THE 31st DAY OF DECEMBER, 1976,.AND PROVIDING FOR CAPITAL IMPROVEMENT FUND TO ASSIST IN THE CONSTRUCTION OF A NEW LIBRARY BUILDING FOR CALDWELL PUBLIC LIBRARY AS AUTHORIZED BY ORDINANCE NO. 1257. Councilwoman Williams stated that she would sponsor this Ordinance. Book 17 Page 172 MOVED by Williams, SECONDED by McCluskey to suspend the rules requiring the reading of a bill three separate day s and that Bill No. 24 be read-the second time by title and the third time in full, section by section. The Mayor called fora roll call vote. Those voting yes: Williams, Raymond, Banks, Bauman, McCluskey, and Olesen. Those voting no: none MOTION CARRIED The Mayor directed the Clerk to read the :Bill the second time by title and the third time in full. MOVED by'Williams, SECONDED by McCluskey that Bill No. 24 be passed and entitled Ordinance No. 1392 The Mayor asked for a :roll call vote. Those voting yes: Williams, Raymond, Banks, Bauman, McCluskey, and Olesen. Those voting no: none. MOTION CARRIED (APPLICATION FOR SECURITY TRAILER AT CLEVELAND AND LAKE AVENUE) The Mayor said that he had gone out to look at this location and explained that it was across the street from the Pioneer Irrigation District just below the movie theater. He further stated that in researching the law, the mobile home ordinance provides that mobile homes used for residential quarters for a watchman or caretaker and located on the premises of an industrial establishment in any industrial zone shall be permitted with the approval of the City Council provided that the sanitary regulations of the City Code are A license fee of $0.00 shall be obtained for each year for any mobile home outside of a mobile 'home park in accordance with the provisions in Subsection A. The problem arising now was that this states Al in any Industrial Zone" and the permits that were issued previously were Commercial "CD ". The Mayor said that he told the people requesting this security trailer not to appear at the Council Meeting as he felt that the wording should be changed on this ordinance. Councilman McCluskey suggested that it should read "any zone other than Residential ". The Mayor felt that in this case the man was justified in requesting the security trailer. The Mayor was hopeful that the City Council would instruct the City Attorney to amend the ordinance to read as suggested by Councilman McCluskey. MOVED by McCluskey, SECONDED by Raymond that the City Attorney be authorized to amend the present City Code to eliminate reference to the Industrial Zone and have it read "any zone other than Residential." Much discussion followed this motion. Councilwoman Bauman felt that a recommendation should come from the Zoning Board; but Councilman Olesen felt this was getting into.too much red tape. Councilman Olesen called for the question. The Mayor asked that all of t=hose in favor that debate be stopped signify by saying aye. MOTION CARRIED The Mayor then asked the .City Council vote,on the Motion as made by Councilman McCluskey., MOTION CARRIED Councilman Raymond asked that this action be called to the attention of the Planning and Zoning Board. Book 17 Page 173 (RESOLUTION NO. 24 -76 - GELL SHUNN FOR SEWER EXTENSION) The Mayor explained that this Resolution was to be presented to accept the Rudolph Manor sewer extension bid presented by .Gell Shunn. These bids were opened at the last Council Meeting and referred to the Finance Director and the City Engineer for their study and award. Councilman McCluskey said -that he would be the sponsor of this Resolution. The Mayor then read the Resolution as follows: RESOLUTION ACCEPTING THE RUDOLPH MANOR SEWER EXTENSION BID OF CELL SHUNN OF ONTARIO, OREGON IN THE SUM OF SEVENTEEN THOUSAND EIGHT HUNDRED SEVENTY -SIX AND 40/100 ($17,876.40) BE IT RESOLVED By-the Council, City of Caldwell, that the Rudolph Manor Sewer Extension low bid of Gell Shunn of Ontario, Oregon in the sum of SEVENTEEN THOUSAND EIGHT HUNDRED SEVENTY -SIX AND 40/100 ($17,876.40) DOLLARS is accepted and confirmed and, BE IT FURTHER RESOLVED That the Mayor and Clerk and /or City Engineer are hereby authorized to execute all documents confirming said bid. MOVED by McCluskey, SECONDED by.Williams that Resolution No. 24 -76 be approved accepting the bid of Gell Shunn for the Rudolph Manor Sewer Extension. The Mayor called for a roll call vote. Those voting yes: McCluskey, Olesen, Williams, Raymond, Banks, and Bauman. Those voting no: none. MOTION CARRIED (ACTION REGARDING THE SECURITY TRAILER REQUEST) The Mayor stated that Councilman McCluskey called his attention to the fact that no action was actually taken on the application for a security trailer. The Mayor explained that he had already informed those making the application that no action could be taken due to the fact that they were in "CD Commercial and not Industrial Zone. He assured them that it would be.put on the Agenda as soon as possible. (RESOLUTION NO. 25 -76 - CONTRACT WITH.PARAMETRIX, INC.) Councilman McCluskey read Resolution No. 25 -76 as follows: RESOLUTION AUTHORIZING MAYOR AND CITY CLERK TO EXECUTE CONTRACT AGREEMENT WITH PARAMETRIX, INC. FOR A BOISE RIVER STUDY. BE IT RESOLVED By the Council, City of- Caldwell, that the Mayor and City Clerk are hereby authorized to execute Contract Agreement with Parametrix, Inc. for a Boise River-Study, which said Contract Agreement is attached hereto and made a part hereof, as if set forth in full. Councilman McCluskey stated that he would be the sponsor of this Resolution. MOVED by McCluskey, SECONDED by Olesen that Resolution No. 25 -76 be passed. The Mayor said that he would like to read something that the press missed at the last Meeting. This was on Page 10 of the proposed,study presented by Parametrix. He read, ".The main thrust of the investigation will be to if the Book 17 Page 174 existing plant is capable of fulfilling the spirit of Public Law 90 -500 and arrive at sound engineering conclusions on plant capability; performance, and,if required, necessary modifications to improve performance. While maintaining professional and.scientific impartiality - we will demonstrate technically if.the plant is capable of producing an.effluent consistent with the federal-law and.the impact:of�this: effluent upon the receiving water." The Mayor then called for a roll call vote. Those voting yes: McCluskey,'Olesen, Williams, Raymond., and Banks. ,Those voting no: Bauman. MOTION CARRIED (COMMITTEE APPOINTED TO REWORK WATER AND SEWER.,QRDINANCE) The Mayor read a letter from the Finance Director as follows: TO: MAYOR ROE,ERT E. PASLEY for Council Presentation FROM: Don Horan, Finance Director At the present time the City of Caldwell has two procedural policies regarding water and sewer, charges which relate in part to the Caldwell City Code with respect to charges to single residences,.duplexes:and. commercial buildings. There are several conflicts within the code and reducing these codes to policy is extremely difficult. .As you are aware, our surcharge will take place September lst and which will necessi- tate a programing change on our equipment. I would appreciate your establishing a temporary working commit- tee made up of the City Attorney, myself and two members of the Council to prepare revisions (clarification) of our present code relative to water, sewer and trash for council approval at our first September council meeting. I would estimate that it will take at least two meetings of the aforementioned individuals to consummate a reclarification of our present ordinances. I would further.appreciate the Mayor appointing the two council members and establishing the times and dates of the two meetings to bring these ordinances into line. I wauld.further suggest that these meetings take.place in the evening as I foresee three to four hour sessions to com- plete the function. These.revisions will in no way change the -basic rate structure or increase,rates to consumers. I: personally am confused when I read the ordinances and I am sure the public and our employees have an equally difficult time in establishing proper rate structures for both :multiple units and commercial areas. I feel it is essential that this project be a priority item and that programing be accomplished on a one shot basis to eliminate additional programing costs at a later date. The Mayor then appointed Councilwoman Williams and Councilman Banks, as they were members of the Water and -Sewer Committee, to the Committee along with the Financial Director and the City Attorney. (RESOLUTION NO. 26 -76 - MADRAS AEROTECH, INC.) Councilman McCluskey read this Resolution as follows: RESOLUTION AUTHORIZING MAYOR AND CITY CLERK TO EXECUTE FIXED BASE OPERATORS AGREEMENT BY AND BETWEEN CITY OF CALDWELL AND MADRAS AEROTECH, INC., D /B /A TREASURE VALLEY Book 17 Page 175 AVIATION & COMPANY. BE IT RESOLVED That Mayor and City Clerk, City of Caldwell, County of Canyon, State of Idaho, be, and the same are hereby authorized to execute that certain Fixed Base Operators Agreement, attached hereto,, by and between City of Caldwell and Madras Aerotech, Inc., d/b/a/ Treasure Valley Aviation & Company. Councilman McCloskey stated that he would be the sponsor of this Resolution'. The Mayor also stated that-he felt the date should be left open for now. MOVED by--McCluskey,.SECONDED by Olesen that Resolution No. 26-76 be passed authorizing the Mayor and the City Clerk to execute fixed base operator's agreement by and between the City of Caldwell and Madras Aerotech,-Inc., dba Treasure Valley Aviation and Company with the effective date to be filled in when it was ascertained when they could take over. The Mayor called for a roll call vote.. Those voting yes: McCloskey, Olesen, Williams, Raymond, Banks and Bauman. Those voting no: none. MOTION CARRIED (APPOINTMENT OF DEBRA McJUNKIN AS DEPUTY CITY CLERK) A letter was read by the Mayor from Don Horan, Finance Director, as follows: As you are aware since the advent of Equal.Opportunity, the City of Caldwell.,has developed a Personnel Program to comply with an affirmative action plan and step in grade. We have diverted Elaine Hallstrom from her duties as Deputy 'City Clerk to a.personnel-i and I.might add that I feel she has done an outstanding job in that area. Upon recommendation of the City Clerk, I respectively request that the. Mayor and the City Council appoint Debra J. McJunkin as the Deputy City Clerk. This individual, although comparatively new as,an.employee, has done an outstanding job and both Betty Jo and I feel that she has a sincere interest in the-position and in:the 'I would appreciate having this appointment effective on August 17, '1976: Councilwoman Williams commented that. she felt a resignation should be received from Elaine Hallstrom. Some discussion resulted with the final decision that they�:could go ahead the appointment of Debra McJunkin at time anyway. MOVED by Williams, SECONDED by Banks that the appointment of Debra McJunkin be approved. MOTION CARRIED (RESOLUTION NO. 27-76- ACCEPTING GIFT BY CANYON MULTI-,PURPOSE STADIUM) The Mayor stated that-the next order of business was a Resolution authorizing acceptance of a gift of real.;property.made by the Canyon Multi-Purpose,.Stadium,, Inc. to the_City_:The mayor called on Councilman McCloskey to read the Resolution as follows: RESOLUTION AUTHORIZING ACCEPTANCE OF A GIFT OF REAL PROPERTY MADE BYCAVYONrMULTI-PURPOS,E, STADIUM, INC. TO THE CITY OF CALDWELL. - Book 17 P �e 176 a ��qA WHEREAS, Canyon Multi -- Purpose Stadium Inc. ;sari Idaho Corporation, desires to make a gift of real property located in the City of Caldwell, County of Canyon, State of Idaho, and WHEREAS ,.Canyon Multi - Purpose Stadium, Inc. has submitted a corporation warranty deed for said property, said deed having been submitted on the 4th day of August, 1976, and WHEREAS, Canyon Multi- Purpose Stadium, Inc. has submitted said corporation warranty deed pursuant to the terms and conditions set forth in a letter dated August 3 , 1976, by:Gerald L.`Weston,'Attorney ' at Law, "and '' WHEREAS, City Council, °City.of Caldwell, believes it would be in the best interest of the City of Caldwell to accept said corporation warranty deed.to: said real property, a copy of said deed is attached hereto and made a part hereof as if set forth in full, as a gift subject to the terms and conditions of that certain letter dated August 3, 1976, hereinabove set forth; WOW, THEREFORE, BE IT RESOLVED, That the City Council, City of Caldwell, accepts said corporation warranty deed as a gift to..the.City of Caldwell subject to the terms and conditions of that certain letter dated August 3, 1976, which said corporation warranty deed and letter are attached to this Resolution. Councilman McCluskey also read the letter that was attached to the warranty deed sent to the City of Caldwell as follows: Gentlemen: I am enclosing herewith a Warranty Deed from the Canyon Multi- Purpose Stadium, Inc. to the City of Caldwell. For your records, I am also enclosing herewith a copy of the minutes authorizing the transfer of this land to the City. At the time that the :Canyon Multi - Purpose Stadium facilities were built, a solicitation was'.made of the citizens of the Caldwell area by way of the sale of debenture certificates. The debenture was worded so that it does not contain a promise on the part of the Board to repay the debenture, but only contains language that repayment may be made by the corporation. The debenture also contains language that the debenture had no due date and carried no interest. It is my opinion that these debentures are not legally enforceable. The books of the corporation do not reflect the present owners of the debentures, and the amount of the outstanding.debentures, if any, is not known. It has been variously guessed that the number of debentures would total between $45,000.00 and $65,000.00. In making this transfer of property to the City, the Board wants the City to recognize and understand that this is the only remaining asset of the Canyon Multi - Purpose Stadium, Inc. and that in the event that a bond holder would establish that the debenture bond is valid and legally enforceable, the bond holder would in all probability then have a right to enforce his claim against the land being transferred to the City...We would ask that the City, through its City Attorney, agree to defend any claim brought by any "bond holder for the purpose of establishing the validity of such debenture bonds, Book 17 Page 177 if any. If this is agreeable, could we please have a copy of this letter returned to the Stadium Board signed by the Mayor acknowledging that the City understands the problem concerning the debentures and agrees to defend any claims `- t)rought by debenture holders. Yours Very Truly, CANYON MULTI- PURPOSE STADIUM, INC. /s/ Gerald E. Weston, Attorney MOVED by McCloskey SECONDED by 0lesen to approve Resolution No. 27 -76 - A Resolution authorizing acceptance of'a gift of real property made by Canyon Multi-Purpose Stadium to the City of Caldwell with the following stipulations: (1) That the City acknowledge the debenture certificates in existence and in the event of any future claim by the holders of the debenture certificates the City of Caldwell will defend any claim brought by that certificate holder, and: (2) That the City of Caldwell accept $150,000.00 to be dedicated as follows: Approximately $100,000.00 to retire the mortgage on the aforementioned property existing at the Bank of Idaho and that the balance of the funds be used for capital improvements, and: (3) That it be specifically known that the transfer of property is a gift to the City of Caldwell and that no funds will be expended other than those designated in item No. Two in 1976. The Mayor called for a roll call vote. Those voting yes: McCluskey, Olesen, Williams, Raymond, Banks, and Bauman. Those voting no: none. MOTION CARRIED (FINANCIAL STATEMENT) The Finance Director presented the Financial statement as follows: The total amount of warrants paid for August, 1976, was: $261,116.64. Broken down into funds as follows: 01 $ 32,406.37 02 11,984.62 03 1,050.53 05 40,457.74 06 310.00 07 96,512.80 08 5,833.15 25 27,656.37 31 17,883.76 47 4,566.22 60 1,231.25 62 21,223.83 The total gross payroll for July, 1976 was: $109,761.93. Total General Fund was $62,964.81; Total Special Fund was $35,922.98 and total Water and Sewer was $10,874.14. MOVED by Williams, SECONDED by McCluskey that approval be given for these amounts and that warrants be issued for all claims and that the July payroll be approved as presented. MOTION CARRIED (REQUEST CITY ATTORNEY - RESIGNATION OF CITY COUNCIL MEMBERS WHEN RUNNING FOR OFFICE OF MAYOR) Councilwoman Williams told the Mayor and City Council that she had visited with Jim Dakan recently and that he was still in Book 17 Page 178 hopes.that an Ordinance would be passed stating that a City Council member would have to resign from the Council if they desired to run for the office of Mayor. Mr. Dakan had come to a Council Meeting in January and requested that the City Council look into this and was disappointed that nothing had been done as yet. Some discussion followed with the City Council members agreeing that this would be a good policy to have. MOVED by Williams, SECONDED by McCluskey -that the City Attorney be instructed to make up whatever was necessary stating that any member of the City Council who wants to run for the position of.Mayor must resign upon filing their nominating petition. MOTION CARRIED There being no further business, the Meeting was adjourned at 9 :10 P.M. APPROVED AS w THIS 7th..: - DAY OF September � 9 1976. Mayor i loran ATTEST: Councilman