HomeMy WebLinkAbout1975-09-16city council minutesBook 16 Page 184
. REGULAR MEETING
September 16, 1975
7:30 P.M.
The meeting was called to order by Mayor Pasley.
The roll of the Council was called with the following members
present: Gamboa, Dakan, Carter, McCluskey, Williams, and
Banks. Absent: none.
(APPROVAL OF MINUTES)
It was MOVED by Williams, SECONDED by Gamboa, to dispense
with the reading of the minutes of the September 2, 1975,
Regular Meeting, and the September 8, 1975, Special Meeting,
and approve them as written.
MOTION CARRIED
(AUDIENCE PARTICIPATION)
The Mayor recognized Mr. Louie W. Attebery from the audience
who stated that he would like to present to the Mayor and the
City Council some petitions with about two hundred and eight
signatures. Mr. Attebery explained that these citizens have
some questions regarding the plans to build a Senior Citizen's
Meeting Ball and parking lot in the area that was designated
for that purpose.
The Mayor accepted the petitions from Mr. Louie Attebery.
(BID OPENING - SEWER TO LASHER ADDITION)
The Mayor requested that Mr. Lewis, the Engineer, open
the two bids received. Mr. Lewis opened the bids as follows:
1. Quinn Robbins Co., Inc. of Boise
Total bid: $8,770.05
2. Sommer Construction Co., in Nampa
Total bid: $7,055.00
The City Engineer asked the City Council to hold their
decision for about twenty minutes so that he could check
over the figures to see that the bids were in order.
(EASEMENT - IDAH -BEST, INC. TO CITY)
The Mayor presented this easement between Idah -Best, Inc.
of Caldwell, Idaho, and the City of Caldwell, for a sewer.
The easement was signed by Joe Ison, President and John Bentley,
Secretary, on the 28th of August, 1975.
MOVED by Gamboa, SECONDED by Carter that the Easement between
Idah -Best, Inc. and the City of Caldwell be accepted and
the Clerk instructed to have same recorded at the Courthouse.
MOTION CARRIED
(RESOLUTION 27: -75 - PUBLIC HEARING REGARDING APPROPRIATION BILL)
The Mayor explained that the City of Caldwell has received
$29,973.98 from the State of Idaho which was a refund by
the Legislature to the cities and counties. Also received
was a $4,000 grant for the Recreation Program. The City was
required by statute to change the budget to provide for these
Book 16
Page 185
additions. The Mayor requested that Councilwoman Williams
read the Resolution as follows:
BE IT RESOLVED By the Mayor and City Council of
the City of Caldwell, County of Canyon, State of Idaho, that
the Clerk of the City of Caldwell give notice that a public
hearing shall be held Tuesday, October 7, 1975, at 7:30 o'clock,
p.m., at the City Nall, in Caldwell, Idaho, for the purpose
of granting a public hearing pursuant to Section 50 -1002,
Idaho Code, before an amendment to the appropriation bill shall
be considered under a suspension of the rules, which said
amendment to the appropriation bill shall provide for an
increase in the annual appropriation for the year 1975, as
follows:
1. The Street Fund shall be increased by the sum
of $29,973.98, from $422,697.00 to $452,670.98.
2. The Recreation Fund shall be increased by the
sum of $4,013.20, from $56,596.00 to $60,609.20.
That said notice shall be published twice, at least
seven (7) days apart, in the Caldwell News Tribune.
That at said hearing any interested person may
appear and show cause, if any he may have, why said proposed
amendment shall not be adopted.
BE IT FURTHER RESOLVED That this Resolution shall
take effect and be in full force immediately upon its passage
and approval.
The Notice _read as follows:.
NOTICE
NOTICE IS HEREBY GIVEN That a public hearing shall
be held Tuesday, October 7, 1975, at 7:30 o'clock, p.m., at
the City Hall, in Caldwell, Idaho, for the purpose of granting
a public Bearing pursuant to Section 50- -1002, Idaho Code,
before an amendment to the appropriation bill shall be
considered under a'suspension of the rules, which said amendment
to the appropriation bill shall provide for an increase in the
annual appropriation for the year 1975, as follows:
1. The Street Fund shall be increased by the sum
of $29,973.98, from $422,697.00 to $452;670.98.
2. The Recreation Fund shall be increased by the
sum of $4,013.20, from $56,596.00 to $60,609.20.
That at said hearing any interested person may
appear and show cause, if any he may have, why said proposed
amendment shall not be adopted.
Dated this 16th day of September, 1375.
Councilwoman Williams stated that she would sponsor this
Resolution. It was then MOVED by Williams, SECONDED by Banks
that Resolution 27 -75 be passed.
The Mayor called for a roll call vote. Those voting yes:
Williams, Banks, Gamboa, Dakan, Carter, and McCluskey. Those
voting no: none.
MOTION CARRIED
Book 16
Page 186
(PETITION READ BY MAYOR)
The Mayor said that he had
petition presented by Mr.
petition as follows:
inadvertently omitted reading the
Attebery. The Mayor then read the
THIS IS A FORMAL REQUEST TO THE CALDWELL CITY COUNCIL
AND ZONING BOARD,.
The subject is the completed plan and federal grant
to build a Senior Citizen's meeting hall and a parking
lot, and the future plan for subsidized housing on
the children's playground in front of Lincoln School
between 12th and Grant and 12th and Fillmore.
We object to this plan because this generation and
future generations of children need this playground and
we also feel that this construction will degrade the area.
We feel that an advertised public meeting for
discussion should be held.
(REPORT BY CITY ENGINEER ON BID FOR SEWER TO LASHER ADDITION)
The City Engineer staged that there was a correction in the
Quinn Robbins bid. It should be $8,773.05. It was the
recommendation of the City Engineer that the City Council
accept the bid of Sommer Construction Co., with the provision
that Mr. Lasher put up the $600 for each of the six lots that
he owns which he had already agreed to.
MOVED by Banks, SECONDED by Carter that the bid be awarded to
Sommer Construction Co., subject to Mr. Lasher making the
payment of $3,600.
(RESOLUTION 26-75 - NEW LIBRARY)
MOTION CARRIED
Councilwoman Williams read the proposed Resolution as follows:
RESOLUTION AUTHORIZING MAYOR AND CITY OF CALDWELL..TO
ENTER INTO AN ADDENDUM AGREEMENT EXTENDING THE TERM OF
THE GROUND LEASE AGREEMENT WITH THE FRIENDS OF THE CALDWELL
PUBLIC LIBRARY, AND TO EXECUTE ANY NECESSARY DOCUMENTS TO
ASSIST FRIENDS OE' THE CALDWELL PUBLIC LIBRARY TO OBTAIN
CONSTRUCTION FINANCING.
WHEREAS, By Resolution duly adopted on the 17th day
of June, 1975, the Council of the City of Caldwell
authorized the Mayor and the City Clerk, on behalf of the
City of Caldwell, to enter into a lease agreement with
the Friends of the Caldwell Public Library, Inc.; and
WHEREAS, In order to facilitate the financing of
construction by the Friends of the Caldwell Public
Library, Inc., it is necessary that the term of the lease
be extended from fifteen years to twenty years in
duration; and
WHEREAS, To further facilitate the obtaining of
financing, it is necessary for the Friends of the Caldwell
Public Library, I.nc. to assign its interest in said lease
as collateral for a construction loan, and that the
financier desires that the City execute a consent permitting
the assignment by the Friends of the Caldwell Public
Library, Inc.,
Book 16
NOW, THEREFORE, BE IT RESOLVED as follows:
Page 187
1. That the Mayor of the City of Caldwell be as hereby
empowered, together with the Clerk of the City of Caldwell, to
enter into an addendum agreement extending the duration of the
ground lease agreement set forth in the Resolution above
referred to, and the building lease set forth in the Resolution,
to extend the term thereof to twenty (20) years.
BE IT FURTHER RESOLVED That the Mayor and Clerk of the
City of Caldwell be authorized to execute a consent to the
assignment by the Friends of the Caldwell Public Library,
Inc., of said ground lease, according to its terms as security
only, and of the proceeds of the building lease referred to in
said Resolution.
BE IT FURTHER RESOLVED That this Resolution shall take
effect and be in full force immediately upon its passage and
approval.
Councilwoman Williams sponsored the Resolution and then it
was MOVED by Williams, SECONDED by Carter that Resolution
26 -75 be passed regarding an addendum agreement with the
Friends of the Caldwell Public Library.
The Mayor called for a roll call vote. Those voting yes:
Williams, Banks, Gamboa, Dakan, Carter, and McCluskey. Those
voting no: none:
(RESOLUTION 25 -75 - PROCLAIMING GENERAL CITY ELECTION)
MOTION CARRIED
The Mayor asked Councilman Banks to read the Resolution
regarding the City Elections. Councilman Banks read as follows:
A RESOLUTION PROCLAIMING A GENERAL CITY ELECTION, TO BE
HELD ON NOVEMBER 4, 1975, DESIGNATING THE POLLING PLACES,
DESIGNATING THE REGISTRAR AND DEPUTY REGISTRARS, AND
ORDERING THE CITY CLERK TO GIVE NOTICE OF SUCH ELECTION.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY
OF CALDWELL, IDAHO, THAT:
SECTION 1. The general city election will be held
in and for the city of Caldwell, on the 4th day of
Novemberj -1975, At which time there will be elected three
councilmen to serve fora term of four years, or until
the election and qualification of their successors.
SECTION 2. The following are designated as the
polling places for such election:
FOR PRECINCT FOUR: Jefferson Junior High School
(Old Building)
12th and "Dearborn
FOR PRECINCT FIVE: The Student Union Building on
the College of Idaho Campus
FOR PRECINCT EIGHT Canyon Hill Church of the
Nazarene
903 North Michigan Avenue
FOR PRECINCT NINE: The County Courthouse between
lltY and 12th Avenues on Albany
Street
Book 16
FOR PRECINCT. TWELVE:
FOR PRECINCT FIFTEEN:
Page 188
Washington Grade School
Gymnasium
1600 Fillmore
National.Guard Armory
1200 South:Kimball
SECTION 3. That Betty Jo Keller, City Clerk, is hereby
designated as Registrar and the following as Deputy Registrars:
Yvonne Marshall, Deputy City. Clerk; Fourth.Precinct, Dessie
Cole, 1102 Arthur; Fifth Precinct, Henrietta Frerichs, 2220
Indiana; Eighth Precinct, Judy.Priest;.1504 Teton;-Ninth
Precinct, Lena-Tyson, 524 North Kimball; Twelfth Precinct,
Nathelle Bales,_2502 South Kimball;.Fifteeuth.Precinct,
Shirley Crockett, 1419 Arlington.
SECTION 4. The Clerk, for and on behalf of the Mayor
and Council shall give public notice of the.time and place of
holding such general city election by posting,such notice in
three public places or publishing such notice in at least
two issues of the News Tribune, a newspaper printed and
published in the City,of Caldwell, Idaho, the,first publication
of such notice to be made not less than 45 days previous to the
date of such city election, and the last publication not more
than 15 days, nor less than five previous to the election;
the notice so published shall state the places of registration
and the name of the Registrar and the Deputy Registrars, and
the requirements for registration of electors at such city
and such other information as may be necessary to give full
facts of such election and registration; said notice to contain
such facts and be given in accordance with the requirements of
Section 50 -407 of the Idaho Code.
Councilman Banks agreed to sponsor this Resolution. MOVED
by Banks, SECONDED by Dakan that Resolution 25-75 be accepted.
The Mayor called for a roll call vote. Those voting yes;
Banks,-Gamboa, Dakan Carter, McCluskey, and Williams. Those
voting no: none.
MOTION CARRIED
(REQUEST OF ROBERT "BOB" SMITH &ASSOCIATES FOR ADDITIONAL PAYMENT)
The Mayor,explained. that
Bob Smith and Associates
on certain properties of
City has paid at this po
still owes slightly over
Bob Smith and Associates
the City Council had a contract with
for appraisal, relocation and negotiation
the proposed new - airport site. The
int $20,000 on the contract. The City
$5,000. The City was - requested by
for an additional advance of $2,000.
The Mayor stated that to the best of his knowledge Mr. Smith
had nearly completed his work so felt that it would be in order
to approve,the request.
MOVED by Dakan, SECONDED by McCluskey that the request from
Bob Smith and Associates for the additional advance of
$2,000 be approved.
MOTION CARRIED _._.
(PUBLIC EMPLOYEE RETIREMENT SYSTEM)
The Mayor stated that he had distributed copies of the letter
received from the State Employee Retirement Fund outlining
plans for some - changes in the retirement plan. This would mean
an increase from 7% to 8% of the cost of the City to the
Book 16 Page 189
employee retirement fund. An expression of opinion from
the Council concerning the proposal was asked.
Councilman Carter stated that he would like more time to study
this and suggested that this discussion be postponed until
the next Council meeting. The Mayor and other members of the
Council agreed to this.
(APPOINTMENT OF BICENTENNIAL CHAIRMAN)
The Mayor stated that the City, in cooperation with the
Chamber of Commerce, had a joint committee sponsoring the
Bicentennial Wagon Train celebration at the Simplot Stadium
which was very successful. The Committee raised several hundred
dollars and then after the Wagon Train Celebration they met to
disband. It was suggested that next year being the Bicentennial
year that the Mayor; with the approval of the City Council,
appoint a Bicentennial Chairman to coordinate any events that
might occur. Also, that the money that was left over from the
Wagon Train Celebration be turned over to this Chairman and
his Committee. The Mayor then submitted the name of George
Crookham,as the Bicentennial Chairman with the authority to
appoint his own Bicentennial Committee.
MOVED by Gamboa, SECONDED by Williams that George Crookham be
appointed as the City of Caldwell's Bicentennial Chairman
with the authority to appoint his own Committee and that the
monies from the Wagon Train Celebration be turned over to them.
MOTION CARRIED
(CANNING PROPERTY AIRPORT)
The City Attorney.explained -that several.meetings.ago he was
authorized to negotiate further with Cannings regarding airport
property. He stated that he had met with Mr. Canning and his
agent, Don Reed, and an agreement was reached within the
authority given to.him.
(REPORT ON THE RED BARN)
The City Attorney stated that there was no question that there
was a substantial disturbance problem for the property owners
in the area close to The Barn. He was communicating with the
Police Department::regarding..this and the:owner.:of The Barn was
aware of the situation. The City Attorney said that he was not
ready at this time to make a recommendation and suggested that
the Police continue to investigate the problem further and that
perhaps the problem can be resolved without litigation. He
further stated that the City Council could not require that the
owner have a man;to police the parking lot. Mr. Tunnicliff did
say that he would.talk:with.the owner.and make the suggestion
that he do this on his own.
(CLAIM AGAINST CITY -'818 NORTH ILLINOIS)
The Mayor requested that Mike Barrett explain the reason for
this claim. Mr. Barrett explained that the Madison Drain was
plugged which caused the sewer to back up. This caused
considerable damage to the residence. He recommended that the
claim be denied and sent to the insurance carrier.
MOVED by Dakan, SECONDED by Banks that this claim be denied
and referred to the City's insurance carrier.
MOTION CARRIED
Book 16 " Page 190
(EASEMENT - CITY TO THE IDAHO POWER COMPANY)
The City Engineer, Mr„ Lewis, explained that this was an
easement from the City to the Idaho Power Co. for electrical
facilities behind the Library. There was not an alley so
the City Engineer wrote orf what would be the alley if there
was one there.
MOVED by Gamboa, SECONDED by McCluskey that 'the City give this
easement to the Idaho Power Company for electrical facilities
behind the New Library.
(CAPTAIN WING - REQUEST TO PEACE OFFICERS MEETING)
MOTION CARRIED
The Mayor a request from the Chief of Police for
Captain "Wing to attend a Peace Meeting that week and
to approve $25.00 expenses that trip. The Mayor informed
the Council that there was $2,272.00 in the Council Travel
Budget.
MOVED Gamboa; SECONDED by Dakan that Captain Wing be sent
to this Peace Officers Meeting and that $25.00 be authorized
for expenses.
MOTION CARRIED
(FORWARD CLUB LETTER)
The Mayor read a letter from Celia Day of the Civic Improvement
Committee of the Forward Club. They reported that $367.88
was spent this year for roses for the Rose Garden under the
direction of the Civic Improvement Committee.. They reported
that there was many comments as to how lovely the Rose Garden
was this year. The Forward Club stated that they were
willing to continue their project with the Rose Garden again
next year, but felt that the City should allot some funds
for the purchase of roses in 1976 so they can concentrate on
completing the plantings that were needed. The amount
suggested that the City Council budget was $300.00. The Mayor
stated that he would see that this was presented to the Council
at the next budget preparation time.
MOVED by Williams, SECONDED by McCluskey that the Mayor be
authorized to write a letter to the Civic Improvement Committee
of the Forward Club thanking them for their efforts in regard
to the Rose Garden.
MOTION CARRIED
(APPOINTMENTS TO PARKS AND RECREATION COMMISSION)
The Mayor stated that there was two vacancies on the Parks
and Recreation Commission.due'to resignations of Dan Soran
and George Rosendick. The Commission met and recommended that
the City Council appoint Hal Denson and Richard DeLeon to
the unexpired terms of the two vacancies which expire
December 31, 1976.
MOVED by Banks, SECONDED by Dakan that Hal Denson and Richard
DeLeon be appointed to the Parks and Recreation Commission
to fill the two unexpired vacancies. MOTION CARRIED
(LETTER REGARDING.GEORGE RANDALL)
The Mayor read a letter to the City Council from Laura Tuning
regarding George Randall. She stated that she was doing the
books for Mr. Randall and explained that he was being charged
Book 16
Page 191
for garbage when he was not using the service at all. She
was requesting that perhaps there was a way that he could be
exempt from paying this amount as it was difficult for him
to make ends meet.
The Mayor suggested to the City Council that they consider
waiving all the charges for George Randall; water, sewer, and
the garbage.
MOVED by Banks, SECONDED by Gamboa that charges for watex,
sewer, and garbage be waived for George Randall.
MOTION CARRIED
The Council discussed the possibility of a refund to Mr.
Randall that Laura Tunning had also requested. They were in
agreement that this would be impossible to do. Councilman
Gamboa stated that he would be happy to write Mr. Randall a
check for the refund,;covering : th :s.:last,
(FINANCIAL STATEMENT)
Councilwoman Williams stated that there were bills in the
amount of $26,021.10 of which $181.31 was for Revenue Sharing.
MOVED by Williams, SECONDED by McCluskey that the claims be
filed in the Clerk's Office and warrants issued after the
October 7th meeting with the exception of the $25.00 warrant
for Captain Wing which was to be written the next day.
MOTION CARRIED
The Mayor asked if there was any comments from the members of
- the Council. Councilman McCluskey stated that he wanted to
state that due to the disagreements regarding the site for
the Senior Citizen's Center that perhaps some thought could
be given to utilizing the property behind the new Library for
the Center. Some discussion was held, but the Mayor informed
the Council and audience that this subject was not on the Agenda
for this Meeting and that the 23rd of September was the date
set for the public hearing in regards to the Senior Citizen's
Center. The City Attorney, Mr. Tunnicliff, explained to the
audience that the meeting was called for the 23rd of September
to simply change the reading of Section 6 -3 -2 of the City Code
in regards to zoning which would have to be done no matter where
the Senior Citizen's Center was built.
There being no further business, the meeting was adjourned at
9:00 P.M.
APPROVED AS written THIS 7th DAY OF
ATTEST:
Oc tober 1975,
r
. y
Mayo''
City Clerk-