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HomeMy WebLinkAbout1974-09-17city council minutesBook 15 Page 131 REGULAR MEETING September 17, 1974 8:00 P. M. The meeting was called to order by Mayor Pasley. The roll of the Council was called with the following Council members present: Gamboa, Dakan, Carter, McCloskey, Williams, and Banks. (APPROVAL OF MINUTES) Councilwoman Williams commented that on page 130 of the Special Meeting minutes of September 6th, she wanted the Council to be aware that the net cash available to spend ($943,247.12) was not budgeted money. She felt this should be included in the minutes of this meeting. It was then MOVED by Williams, SECONDED by Carter to dispense with the reading of the minutes of the Regular meeting of September 3rd, and the Special meeting of September 6th, and approve them as written. MOTION CARRIED (AUDIENCE COMMENTS) The Mayor asked if there was any business to be presented to the Council from the audience. There was no audience participation. ( BILL NO. 29 ) The Mayor declared this to be the second reading of Bill No. 29 and Councilman Banks was asked to read the following: AN ORDINANCE TO AMEND TITLE 3, CHAPTER 3, OF THE MUNICIPAL CODE OF THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO, BY ADDING A NEW SECTION TO BE KNOWN AND DESIGNATED AS TITLE 3, CHAPTER 3, SECTION 30, PROHIBITING THE USE OF OUTSIDE TOILETS AND PRIVIES; DECLARING THE SAME A NUISANCE AND AGAINST PUBLIC HEALTH; AND PROVIDING FOR THIS ORDINANCE TO TAKE EFFECT AFTER ITS PASSAGE, APPROVAL AND PUBLICATION ACCORDING TO LAW. The City Attorney stated that this Bill will be amended before the thirst reading. (BILL NO. 22 - ORDINANCE NO. 1338) The Mayor declared this to be the third reading of Bill No. 22. It was sponsored and read by Councilman Banks: AN ORDINANCE TO AMEND TITLE 11, CHAPTER 14, BY ADDING A NEW SECTION TO BE KNOWN AND DESIGNATED AS TITIT 11, CHAPTER 14, SECTION 19, PROVIDING AUTHORITY FOR THE CHIEF OF POLICE UPON APPROVAL OF THE CITY COUNCIL, TO ESTABLISH BICYCLE PATHS WITHIN THE LIMITS OF THE CITY OF CALDWELL AND IN ESTABLISHING SAID BICYCLE PATHS, TO PROHIBIT PARKING ON STREETS IN ONE DIRECTION AND REPEALING ALL ORDINANCES INCONSISTENT THEREWITH. The Mayor pointed out that this was an enabling legislation only. Any specific action would have to be by motion and approved by the City Council. Councilman McCloskey pointed out to the Council that his forthcoming negative vote was not necessarily because he was against bike paths, but more because of the end result. After much discussion as to whether the Council would feel obligated to approve recommendations made by the Chief of Police after this Bill was passed, it was HDVED by Banks, SECONDED by Gemboa that Bill No. 22 be passed and be entitled Ordinance No. 1338. The Mayor called for a roll call vote. Members of the Council voting yes: Banks, Gamboa, Dakan. Those voting no: Carter, McCloskey, Williams. The Mayor broke the tie by voting yes. NOTION CARRIED Book 15 Page 132 (PICTURE TAKEN OF COUNCIL) A picture was taken of the City Council in session by a student from the High School for a class project. (BILL NO. 31 - ORDINANCE No. 1339) The Mayor declared this to be the first reading of Bill No. 31. Councilman McCloskey sponsored this bill and read same as follows: AN ORDINANCE RECITING RESOLUTION GIVING NOTICE: DETERMING THAT THE VACATION OF THE FOLLOWING DESCRIBED PROPERTY, TO -WIT- A part of the sewer easement along the east side of Lot 1, Block 1 of 0. T. Sanders Subdivision to the City of Caldwell, Canyon County, Idaho, within the following described boundaries, to -wits COMMENCING at the Southeast corner of said Lot 1, H1ock 1 of the 0. T. Sanders Subdivision in Caldwell, Canyon County, Idaho, which plat is on file in Book ll of Plats at Page 12 in the office of the recorder, Canyon County, Idaho; thence South 89 56' 20" West, along the South boundary of said Lot 1, a distance of 5.00 feet; thence leaving the South boundary of said Lot 1 and running North 0 0 09' 30" West, parallel with the East boundary of said Lot 1, a distance of 5 „00 feet to the TRUE POINT OF BEGINNING: thence South 89 56' 20” West, parallel with the South boundary of said Iot 1, a distance of 5.00 feet; thence North 0 09' 30" West, parallel with the East boundary of said lot 1, a distance of 231.59 feet, thence North 89 57' 40" East, parallel with the North boundary of said Lot 1, a distance of 5.00 feet; thence South 0 09' 30" East, parallel with the East boundary of said Lot 1, a distance of 231.59 feet to the TRUE POINT OF BEGINNING. IS IN THE PUBLIC INTEREST: BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CALDWELL, IDAHO: SECTION 1. That by Resolution passed by the Council and approved by the Mayor of the City of Caldwell, Idaho, on the 5th day of August, 1974, and published in the News - Tribune, a newspaper published in the City of Caldwell, Idaho, in two issues thereof on the 10th day of August, 1974, and on the 17th day of August, 1974, notice was given to citizens and owners of property in Canyon County, State of Idaho, within one mile of the boundaries of the City of Caldwell, Idaho, requesting the passage and approval of an ordinance vacating a part of a sewer easement along the east side of Lot 1, Block 1 of 0. T. Sanders Subdivision to the City of Caldwell, Canyon County, Idaho, within the following described boundaries, to -wit: COMMENCING at the Southeast corner of said Lot 1, Block 1 of the 0. T. Sanders Subdivision in Caldwell, Canyon County, Idaho, which plat is on file in Book 11 of Plats at Page 12 in the 8ffice of the recorder, Canyon County, Idaho; thence South 89 56' 20 West, along the South boundary of said Lot 1, a distance of 5.00 feet; thence leavint the South boundary of said Lot 1 and running North 0 09' 30" West, parallel with the East boundary of said Lot 1, a distance of 5.00 feet to the TRUE POINT OF BEGINNING: thence South 89 56' 20" West, parallel with the South boundary of said Lot 1, a distance of 5.00 feet; thence North 0 09' 30" West, parallel with the East boundary of said Lot 1, a distance of 231.59 feet; thence North 89 0 57' 40" East, parallel with the North boundary of said Lot 1, a distance of 5.00 feet; thence South 0 09' 30" East, parallel with the East boundary of said lot 1, a distance of 231.59 feet to the TRUE POINT OF BEGINNING. 1 1 1 SECTION 2. That Notice as hersinabove set forth in Section 1 was further given by the City of Caldwell by certified Book 15 Page 133 mail with return receipt requested at least ten (10) days prior to the date of public hearing to all property owners within three hundred feet (300 of the boundaries of the area described in the application hereinabove set forth. SECTION 3. That it is hereby determined that it is to the beat public interest that the said part of the sewer easement along the east side of Lot 1, Block 1 of the 0. T. Sanders Subdivision to the City d Caldwell, Canyon County, Idaho, be vacated. SECTION 4. B it ordained and established that part of the sewer easement along the east side of Lot 1, Block 1 of 0. T. Sanders Subdivision to the City of Caldwell, Canyon County, Idaho, as hersinabove described, shall be vacated and shall no longer be open or subject to the use of the public, and thereupon the title to said part of the sewer easement along the east side of Lot 1, Block 1 of 0. T. Sanders Subdivision to Caldwell, Canyon County, Idaho, above described shall pass and revert to the persons dedicating the same or their successors, heirs and assigns. SECTION 5. That all ordinances or parts of ordinances in conflict herewith are hereby repealed. MOVED by McMuskey, SECONDED by Carter to suspend the rule requiring the reading of a bill three separate days and that Bill No. 31 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; McClusky, Williams, Banks, Gamboa, Dakan, and Carter. Those voting no: None. The Mayor directed the Clerk to read Bill No. 31 the second time by title and the third time in full. MOVED by MoCluskey, SECONDED by Banks that Bill 31 be passed ' and entitled Ordinance No. 1339. The-Mayor asked for a roll call vote. Those voting yes; McCluskey, Williams, Banks, Camboa, Dakan, and Carter. Those voting no: None. MOTION CAMUED (CLAIM DENIED - MELVIN JOHNSON) The Mayor presented a claim from Melvin Johnson, 2304 Fairview, Caldwell, Idaho, for $60.51. The claim states that a r8ok was thrown by the street cleaner when it jumped the curb, breaking a front window. The bill from Caldwell Paint and Mass was attached to the Claim. MOVED by McCluskey, SECONDED by Banks that the claim be denied and referred to the City's insurance carrier. (PUBLIC HEARING ON BILL NO. 23, ORDINANCE 1332) The Mayor declared this date for a public hearing concerning a land exchange involving the city and Loren E. and Shirley E. Marmon, Paul J. and Margie Allread, and Robert C. and Elaine J. Carpenter. The City Engineer appraised this property involved in the exchange and•.'declared that in his judgment the two parcels were of equal value as proposed in the exchange. The Mayor asked if there was any comments from the audience. There being none, the public hearing was declared closed. The City Attorney will draft an order confirming the exchange which will be presented to the Council for approval at the next Council meeting. (OPEN LETTER TO CITIZENS) The Mayor presented to the Council an open letter to the citizens of Caldwell urging all citizens to register before September 27th, at the Hospital and vote October lot, in favor of selling our present Hospital to Hospital Corporation of America. The letter Book 15 Page 134 was given to each member of the Council for their signature and was then given to the nave media. (LETTER FROM CHIEF OF POLICE CONCERNING SHOULDER STRIPING) The Mayor read the following letter from the Chief of Police, Charles W. Astleford: TO: The Honorable Mayor and City Council FROM: The Chief of Police SUBJECT: Elimination of parking on South Indiana from Cleveland Boulevard to Linden Street It is requested that I be authorised to place "No Parking at Anytime This Block" on the east side of South Indiana Avenue from Cleveland Boulevard to Linden Street. This street is 31 feet wide. This request is in preparation for the demonstration project we have planned for the shoulder striping of South Indiana Avenue. (The west side of Indiana to Linden Street.) Your approval is requested so that we may adjust the center line. This street is too narrow to continue to allow parking on both sides of the street. Respectfully, Charles W. Astleford Chief of Police MOVED by Gamboa, SECONDED by McCloskey to approve the Chief of Police request that parking be eliminated on one.side of South Indiana from Cleveland Boulevard to Linden Street. MOTION CARRIED (LETTER FROM CITY TREASURER) The Mayor read a letter from John Holland, the City Treasurer, ' requesting authorisation to set up a $25.00 petty cash fund for Mr. Art Collins. Mr. Holland felt this would eliminate the writing of small warrants. The City Auditor advised the Treasurer to draw a warrant against Recreation fund balance for the twenty -five dollars. MOVED by Car ter, SECONDED by Banks that this petty cash fund be authorised for the Parks and Recreation Department. MOTION CARRIED (REPORT ON DISCUSSION WITH GOLDEN GATE DIRECTORS) The Mayor asked Councilwoman Williams to report on discussions with the Golden Gate Irrigation Directors. Councilwoman Williams reported that she had along with Mr. Lewis, Mr. Barrett, and the Mayor met twice with the Directors of the Golden Gate Irrigation District. She reported that the plan was, with the Council's approval, to take the Golden Gate District on a one year trial. They would do the billing and collecting, we would work under contract with the Board and furnish the ditch rider with a truck and radio to provide water for the users and repair leaks or whatever. We would not at any time during this trial year use any of our revenue sharing money to the ditches. The City Attorney will draw up a contract which will be brought to the Council for further discussion. (APPLICATION FOR HARDSHIP DISCOUNT OF SANITARY SERVICE CHARGES) The Mayor presented an application by Virginia Royer for hardship discount of sanitary services. After much discussion, the Council felt that the list of people requesting hardship discounts should be reviewed. Book 15 Page 135 MOVED by MoCluskey, SECONDED by Carter, that the Mayor look into this situation and report back to the Council before any action is taken. MOTION CARRIED (LATTER FROM SENIOR CITIZENS) A letter was read by the Mayor from the Caldwell Senior Citizens thanking the Mayor and the Council for providing a bus to take the Senior Citizens to the Fair. They expressed appreciation as this provided transportation to those people who are no longer physically able to operate a vehicle for their own transportation. (LETTER FROM QTY OF FRUITLAND) The Mayor read a letter from the Mayor of Fruitland, C. L. Anderson, inviting the Mayor, City Council, r and City employees to attend their "Ribbon Cutting Ceremony and Open House" for their new City Complex, 200 Whitley Drive, on September 25th, 1974, at 10:00 A. M. The Mayor, Councilman Carter, and Councilwoman Williams expressed their intention to attend the ceremony. (REPORT ON METING WITH PIONEER IRRIGATION DISTRICT) The Mayor reported that he and the City Engineer, Mr. Lewis, and Councilwoman Williams recently met with the Directors of the Pioneer Irrigation District and presented to them their version of a new contract for 1975. At the same time, the City asked them for the privilege of using the Dixie drain right away for a possible bike path if funds can be found to budget for it next year. Verbal permission was given for the bicycle path providing they were supplied with a hold harmless agreement. The Mayor further reported that they were not happy with some of the proposals in the contract and would probably make a counter proposal. They did agree to put water in the ditches on April let. (LETTER TO CHIEF HAROLD PERFECT FROM J. R. SIMPLOT COMPANY) The Mayor read a letter to the Fire Chief, Harold Perfect, from J. R. Simplot Company, commending and thanking the Fire Department for their speed and efficiency answering a recent call to put out a fire in the roof and duct work of one of their processing buildings. (APPOINTMENT OF BEAUTIFICATION COMMISSION) The Mayor said that one name was withdrawn because she lived out of the City limits. Several of the Council members pointed out to the Mayor that two of the proposed members also did not live in the City limits. Subsequently, the names of Charlene Matheson and Shirley Conger were withdrawn from the list. In addition to those proposed members of the Committee, W. Dufur and Mr. Collins are members, and the Council appointed Councilwoman Williams a member since one Councilwoman was to be on the Commission. The City Attorney is to report at the next Council meeting as to the policy concerning the requirement that members reside within the City limits. I a ; • s