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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-