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HomeMy WebLinkAbout1973-10-01city council minutes0 COUNCIL C HAMBERS October 1, 1973 8:00 P.M. The regular monthly meeting of the City Council met in the Council Chambers of the City Hall with Mayor Charles W. Carpenter presiding. Upon Roll Call, the following members of the Council answered present: Alta E. Williams, Alfred H. McCluskey, Charles C. Banks, James R. Dakan and Lester E. Carter. Absent: Joe Gamboa. Invocation Mayor Carpenter called upon Marshall Vaughn of the Canyon Hill Church of the Nazarene to deliver the Invocation. Minutes approved - September 17, 1973 The Mayor inquired if these were any additions or corrections to the minutes of the previous meet- ing. Councilman Carter stated that, under the section entitled 'Change of County valuation', the $14,958.00 figure should be corrected to $14,958,000.00. It was moved by Councilman Carter, seconded by Councilman Banks, to approve the minutes of the September 17th meeting as corrected. A vote was taken, and the motion carried. Final Plat approved - T & T Subdivision The Mayor acknowledged Mr. John Howe who presented the Final Plat of T & T Subdivision. Mr. Howe stated that this was a replat of Bay Subdivision and is to be annexed to the City. A motion was made by Councilman Hanks, seconded by Councilman McClu'skey, to approve the Final Plat of T & T Subdivision. Upon vote, the motion carried. UPRR Request denied Mayor Carpenter recognized Mr. Fred Ladd, Assistant Superintendent of the UPRR, who stated that the railroad company was prepared to improve the crossings from 21st Avenue to lath Avenue with signaled gates in exchange for the privilege of running through town at 60 miles per hour. Councilman McCluskey commented that there were several pros and cons to the increase of speed. The general pros he stated were (1) getting the trains through town in an expedient manner and (2) installa- tion of barriers. He then proceeded to list the cons as follows: (1) The fact that the major beneficiary would be the UPRR, (2) the possibility of a child crossing the tracks in the path of a train traveling at an escalated speed and (3) the possibility of a high speed derailment. Councilman Dakan commented that there were within the City two and one half blocks in which child- ren cross in getting to the Van Boren School. He added that there were two cities in the County, Parma and Notus, which allowed accelerated speeds for trains and he had attended three different car -train accidents in the last two years. Councilman Dakan then stated that he felt the speed through Caldwell was at the maximum now. The Mayor recognised Mr. Harold Craven, Canyon County Coroner, who stated that he had been asked to express his views on the 25 miles per hour versus 60 miles per hour through the City. Mr. Craven pointedl out statistics from a comprehensive coroners report on the number of and causes of death in a 10 year period in Canyon County, stating that there had been 17 deaths involving trains in that period and five more since.) After further discussion, a motion was made by Councilman Dakan, seconded by Councilman McCloskey, to leave the Ordinance regarding speed of trains through town as is. A vote was taken, and the motion carried. Presentatiom of certificates Mayor Carpenter explained that everal Treatment Plant operators had received a class rating in the sewer treatment operation. He proceeded to acknowledge the following operators and presented each with a certificate: Floyd Tracy, Class 3; Bill. Brewer, Class 4; Joe Franklin, Jr., Class 4; Jerry E. Harness, Class 4. The Mayor then commented each of the operators. Bill No. 21 - Ordinance No. 1308 Councilman Dakan introduced in written form RL11 No. 21, entitled: AN ORDINANCE CREATING AND ESTABLISHING A LOCAL IMPROVEMENT DISTRICT TO BE CALL.LED AND KNOWN AS "LOCAL IM- PROVEMENT DISTRICT N0. 68 FOR THE CITY OF CALDWEIL, IDAHO;" DESIGNATING THE BODNDUaES OF SAID IMPR0VEMENTS DISTRICT; PROVIDING FOR CONSTRUCTION OF SEWERS, TRAINS, CONDUITS AND CHANNELS FOR SANITARY AND DRAINAGE PURPOSES, EITHER OR BOTH THEREOF, WITH OUTLETS, MANHOLES, AND ALL OTHER SEWER APPURTENANCES NECESSARY FOR THE CONFCRT, COHVINIEUCE, HEALTH AND WELL -TEING OF THE MUNICIPALITY THEREIN, PROVIDING THAT THE COST AND EXPENSE OF SAID.IMPROVEMENTS SHALL HE TAXED AND ASSESSED UPON ALL THE PROPERTY IN SAID IMPROVEMENT DISTRICT AGAINST THE ABUTTING, ADJOINING, CONT333UMS AND ADJACENT LANDS AIM AND UPON WHICH SAID IMPROMOMS ARE TO HE MADE AND UPON THE LOTS AND LANES BENEFITED k$ SUCH IMPRCVENENTS AND INCLUDED IN SAID IMPROVEMENT DISTRICT PROVIDING THE METHOD OF ASSESSMENT AND PAYMENT THEREOF DIRECTING THE CITY CLERK TO ADVERTISE FOR AND RBCEM s �D 2 BIDS FOR SUCH MATERIALS AS MAY BE DESIONATRD Er THE COUNCIL FOR SUCH IMPROVEM RTS AND THE DOING OF THE WORE AND LABOR FOR THE CONSTRUCTION OF THE SAME; REPEALING ALL ORDINANCES, RESOLUTIONS, OR ORDERS OR PARTS THERE= OF, IN CONFLICT HEREWITH. Before action was taken, Councilwoman Williams inquired about the posebility of having thousand dollar bonds rather than five hundred dollar bonds since she felt it would coat the City less money. City Attorney Wayne E. Davis answered that, upon checking the Idaho Code, he felt this would be possible; however, he dida;t know if he could advise this since it was a onall amount. Councilwoman Williams then moved to make the bonds thousand dollars instead of five hundred dollar on L.I.D. No. 68. The motion was seconded by Councilman McCluakey and, upon vote, carried. The ordinance was than read for the first time and the Council proceeded to consideration of Bill No. 2%. It was moved by Councilman Dakan, seconded by Councilman Carter, that the roles requiring the read- ing of a bill on three anparate days be suspended and that Bill No. 21 be read the second timeby title and the third time in full, section by section. The Mayor directed the Clerk to call the roll on the above motion which resulted as follows: Those voting in the affirmative: Dakan, Williams, McCluskey, Ranks and Carter. Negative votes: None. Absent and not voting: Gamboa. The Mayor declared the motion had passed by the necessary one hail plus one of the members of the full Council and directed the Clerk to read Bill No. 21 the second time by title and the third time in full, section by section. The Clerk read the bill as directed. It was moved by Councilman Dakan, seconded by Councilman Carter, that Bill Mo. 21 do pass. The Mayor directed the Clerk to call the roll an the above motion which resulted as follows: Those voting in the affirmative: Dakan, Williams, MoCluskey, Hanks and Carter. Negative votes: None. Absent and not voting: Gamboa. Thereupon, the Mayor declared that Bill No. 21 had passed and the Mayor in open session of the Council duly signed and approved the Bill and the Clerk duly signed and attested the as e which became Ordinanc No. 1308. The Mayor directed the Clerk to make proper entry of the same and to cause Ordinance No. 1308 to be published in the News - Tribune, the official nevapaper of the City of Caldwell, as required by law. Resolution No. 24 Next presented for the consideration of the Council was Resolution No. 24, sponsored by Councilman Carter who moved its passage: RESOLUTION MO. BY COONCIIMAN Carter A RESOIDTICN APPROVING THE PLANS AND SPECIFICATICKS FOR THE CONSTRUCTION OF 114PROVEMENTS IN LOCAL IMPROVE - MFNT DISTRICT N0. 68 OFTHE CITY OF CALUWELL, IDAHO, MTHORIZING THE INVITATION FOR BIDS AND SETTING A DATE FOR OPRMM BIDS. WHEREAS, The Mayor and Council of the City of Caldwell, Idaho, have heretofore duly and regularly, as required by law, created Local Improvement District No. 68 of the City of Caldwell, Idaho, for the purpose of constructing in said district improvements consisting of suitable sewers, drains, conduits and channels for sanitary and drainage purposes, or either or both thereof, with outlets, manholes, and all other sewer appurtenances necessary for the comfort, conveniences, health and well -being of the City of Caldwell; and WHUMS, The City Engineer of the City of Caldwell has prepared and filed with the City Clerk of said City, plans and specifications for the construction of said improvements in said Local Improvement Dis- trict No. 68 of the City of Caldwell, Idaho, which said plans and specifications have been presented to the Mayor and City Council and approved; and WHEREAS, It is desirable to invite bids for the construction of said improvements; NOW, THEREFORE, Be it resolved and ordered by the Mayor and Council of the City of Caldwell, Idaho; Section 1. That the plans and specifications heretofore prepared by the City Engineer and filed with the City Cleric of the City of Caldwell, for the construction of certain improvements authorized in said Local Improvement District No. 68 of the City of Caldwell, Idaho, for the purpose of constructing in said district improvements consisting of suitable sewers, drains, conduits and channels for sanitary and drainage purposes, or either or both thereof, with outlets, manholes, and all other sewer appurtenances necessary for the comfort, conveinence, health and well -being of the City of Caldwell, be and the same hereby are approved, 3, �I Section 2. That the City Clerk is hereby ordered to pure and let invitations for bids and pub- lieh the same in the News-Tribune official newspaper of the City of Caldwell, on September 20, September 27, and October 4 1973, calling for the opening of said bids at the City Hall on October 5, 1973 at the hour of five o'clock P.H., in accordance with Section 50 -1703 of the Idaho Code. The motion for passage Was seconded by Councilman Dakan. A roll call vote was taken which as follows: Those voting in the affirmative: Carter, Williams, McCluskey, Backe and Dakan. Negative vot Wore. Absent and not voting: Oamboa. The Mayor declared that Resolution No. 24 had passed. Proposal from CH2K approved Mayor Carpenter inquired if there were arW questions regarding the proposal from CH2M in service for the infiltration project for the present sewer lines which had been presented at the previous meeting. A motion was made by Councilman McCluskay, seconded by Councilman Banks, to accept the proposal to authorise the ftor and Clerk to execute the contract documents. A vote was taken, and the motion car Comments from Councilman Dakan Comoilman Dakan commented that he would like to get the budget going for 1974 andproceeded to: a motion that the Department Heads and commissions that submit budgets present them to the Council with a copy to the Mayor no later than November 15, 1973. The motion was seconded by Councilman Carter. The Mayor asked Fire Chief Harold Perfect if he could foresee any problems in preparing the by Councilman Dakan's suggested date. The Chief stated that he could not, other than the fact that the Fire Department would have to have their contract taken care of by then. City Engineer Mel Lewis stated that he could foresee some problems. He said that be Would prepare the budget bat would estimate everything high because he would have to have a basis for judging. A vote was then taken on the notion, and the motion carried. Comments from Councilwoman Williams Coun cilwoman Williams thanked the Mayor for the corrected copy of the City Policy and added that within the next week the Council should study the policy for additions or deletions. Councilwoman Williams also stated that the Irrigation Committee should resume their meetings. Comments from Councilman McCluskey Councilman M41maley presented the following letter regarding problems in the Park Department: 28 September 1973 Hon. Charles Carpenter Mayor City of Caldwell, Idaho The Caldwell City Council having attended a employee grievance meeting on the 27 Sept. 1973 relating to complaints by employees of the City parks department regarding the management of this department and the termination of their employment held a meeting on the 28 Sept. 1973 to consolidate their recommendations for finalizing a problem that has existed for some time. Five members of the Council were present at both meetings, Mr. flanks being unable to attend furnished a verbal concurrence of Council action on the recommendations being made. The following are observations and recom- mendations agreed upon by the Council for implementation by the Mayor: 1. The Conneil recommends that Mr. Phil Lbber be removed from the position of Superintendent of Parks immediately. Our reasons being: a. Irresponsible actions in control of City property. (Based on the grievance meetingcand information received from present and former City employees). b. Indications that personal projects were performed during City working hours. c. The tendency to explain his actions by exaggerated statements showing a lack of integrity. Such as, te lling Raps and Shtick they were being dig- charged as *troublemakers" when the prime reason for their removal was lack of budgeted money. 2. We recommend that Mr. Richard Halls be retained in City employment if a job opening is available and in another department if necessary. a. We base this decision upon Mr. Ralls longevity of three and one half years. His retention should be based on adequate performance in any duties assigned him. 3. Mr. RLttick having been hired on a seasonal basis need not be retained but should be given the true reason for his removal and the opportunity to submit his application the next budgeted year. 4. We believe Mr. William Mabry deserves restitution for actions taken in . terminating his employment with the City. The Council would request your coopera- tion in this matter. 5. We request Police investigation if necessary into the loss of City property which was enhanced by this situation. We hope that this may result in return of, or restitution for this property. Further, that immediate steps be taken for the control of surplus, obsolete or irreparable property in all depart- Monte. Yours trnly, A. H. mccluskey President City Council, Caldwell and For the Council Councilman McCloskey added that in reference to Ho. 5 in the letter, he wanted no misunderstanding jthat there was a major less of City property. The Mayor stated that Mr. Weber was still employed as Park Superintendent to keep the park main- tained and he had not yet reached a decision as far as Mr. Weber was concerned. Comments from Councilman Banks .. . Councilman Banks stated that he had received information that the City's insurance company has denied all City responsibility in the matter of the chlorine situation at the swimming pool. Mayor Carpenter informed Councilman Banks that he had given W. Max Iewellen the written report from the engineering firm and also fret the assistant pool manager. He stated that it was the consensus of the insurance company's adjustor that in as mach as the representative of the manufacturer of the equip- ment was operating the equipment at the time of the accident, it did not directly involve city employees of any negligence or liability. Decision on liquidated damages m swimming pool Mayor Carpenter informed the Council that he had received a request from the engineer at CM to make a decision as far as liquidated damages in the construction contract with Laskenga for the swimming pool. He added that the damages would involve $150.00 per day for 14 working days to a total of $2,100.00. The Mayor also stated that the engineering firm requested to hold back from $500.00 to $1,000.00 for addi- tional work that needs to be done. A motion was made by Councilman Banks, seconded by Councilman Daken, to invoke the penalty for the full 14 days. After a vote, the motion carried. Authorisation for application to EDL approved• Mayor Carpenter stated, regarding the application for a sewer and water grant from EDL to extend facilities for the industrial area, that Hon Hall from the EX office in Weiser would be in Caldwell on th e coming Wednesday to pick up said application. He said in order to expedite matters he needed the Council's authorization for the Mayor and Clerk to draw up and execute the application. It was moved by Councilman McCluskay, seconded by Councilman Banks, that the Mayor and Clerk be athorized to drew up and execute the application for the water and sewer grant from EDk. Upon vote, the motion carried. Mayor Carpenter then informed the Council that it was also necessary to have authorization for the Mayor and Clerk to enter into an engineering agreement with Alpha Engineers, th finish the project. A motion was made by Councilman Hanks, seconded by Councilman McCluskey, that the Mayor and Clerk be authorized to enter into a contract agreement with Alpha Engineers. A vote was taken, and the motion carried. Final Plat approved - Palrang Subdivision Mr. Lewis presented the Final Plat of Palrong Subdivision with its certified deed for the Council' consideration. He stated that the area was located outside the city limits South of Ustiek, near the inter- section of Montana and Ustick and recommended its approval. It was moved by Councilman Banks, seconded by Councilman Carter, to approve the Final Plat of Palrwg Subdivision. Upon vote, the motion carried. Discussion of well site Mr. Lewis stated that it was going to be quite important to select a well site as soon as possible He said he had spoken with Mr. Ray Taylor who had two sites planned. The first near the intersection of Airport and Linden, but to make it successful it would require a 10 -inch main in the approximate alignment with Airport Avenue all the way up to the Airport Administration Building. Mr. Lewis commnted that with what he could forsee in the Water and Sewer Department budget for next year it would not be possible to make this expenditure. The second choice, since there was a main along Airport Avenue and one all the way in along the Aven -main Street alignment, would be on Airport. He stated that the first thing to do is to decid where to put it. The Mayor said he felt the Water and Saner Committee, the Aviation Committee, Mr. Lewis and himsel should go out and investigate. � ,�3 -� Claim approved - Boise Paving & Asphalt The Mayor informed the Council that he had a claim for Toxchouse Addition sewer project to be paid out of Revenue Sharing to Boise Paving and Asphalt Company. It was roved by Councilwoman Williams, seconded by Councilman McCluskey, to approve the claim. Upon vote, the motion carried. Claim denied - Earl Huntsinger Mayor Carpenter presented the following claim from Earl Huntainger for the consideration of the I[�SS A September 19, 1973 Mr. Earl Rumteigner 3208 College Avenue Caldwell, Idaho Canyon County Ambulance 39.00 Caldwell Memorial Hospital 113.25 Family Medical Clinic (Dr. 21.00 TOTAL 173.25 It was moved by Councilman Banks, seconded by Councilman Carter, to deny the claim and refer it to the City's insurance carrier. A vote was taken, and the motion carried. letter from Bruce 0. Robinson Mayor Carpenter stated that he had received a latter from Mr. Bruce 0. Robinson informing him of a meeting at 1:30 P.M. on October 5th at the Rodeway Inn in Boise on a new concept in disposal of solid waste. Comments an meeting with school board The Mayor informed the Council that he had met with Superintendent of Schools Jerry Evans, Assis- tant Superintendent Darrel Daide, Lou Keys and Mr. lewis to discuss the needs they will have at the school site. He stated that a proposal will be prepared for the Mayor and Council to consider and the school board will be present at the October 15th Council meeting for discussion. Report from Water Fry Mayor Carpenter said he had received iron the County a report an the certification of funds for the year 1973 and proceeded to read the reports September 17, 1973 City of Caldwell John H. Englehart City Hall Caldwell, Idaho 83605 Dear Mr. Haglebart: This letter is to advise you that we have received your levy for 1973 as follows and lists our calculated levy rate. County Fund Your levy Auditors Decimal Leary Rate e# General Fund 343,833.00 2.2986 Street & Oiling & Light 147,095.00 .9833 Fire Equip & Salaries 134;62f - = .9000 Bonds and Interest 9,6?5.00 .0647 Library 61,305.00 .4098 Armor? Construction 2,000.00 .0134 Cemetery Fund 10,230.00 .0684 Capital Impro vement 29,917.00 .2000 Swim Pool 17,000.00 .1136 Total. for 1973 755,685.00 5.0518 Based an your estimated 1973 assessed valuation of 14,958.820. Very truly yours, Walter Fry County Auditor /a/ Glenda Hilderbrandt Deputy Bartender Permits approved Applications for Bartender Permits were presented for the consideration of the Council from Candee E. Sellers, larre K. Robertson, Shannon R. Robertson, Doris A. Hilliard, Becky Love Barfield, 9iekie Hagele, Katherine L. Fisher, Serena Ink and Sharon Hamer. 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 coved by Councilwoman Williams, seconded by Councilman Carter, to approve the applications and issue the permits. Upon vote, the motion carried. A ,; Reminder of Special Meeting The Mayor reminded the Council of the Special meeting to be held on October 5th at 4:00 P.M. ELlls - and September It was moved kr Councilman Banks, seconded by Councilwoman Williams, that the warrants for claims and payroll be approved as per list and filed,in the City Clerk's office. Such warrants being in the totals as follows: GENERAL FUND SWIM POOL. CQ1sTRUCTICK. POLICE PROJECTS REPENUE SHARING : FIRE FUND CNW= FUND STRW FUND SANITATION FUND = IRRIGATION FOND = L.ID.#70- CCffSWCFION = WATER & SMM FUND = REVENUE SAARING TOTAL 10,187,90 95.55 279.80 3,307.62 13,870.87 225.87 20,515.43 8,01 24.22 32,439.40 2,586.75 833, 9 36,3 111,7 43 TOTAL REVENUE SBARIHG 37,116.54 s= POOL CCNSTRUMOK : 95.55 LAW ENFORCHMENT PMJECTS : 279.80 L.I.D.#70 - CONSTRUCTION 32,439.4 ALL OTHER FUNDS : 1 812 111,7 Upon vote, the motion carried. Discussion on Library Ken Winkelman Executive Vice President of the Chamber of Commerce, stated that the Chamber had became involved with „the, Caldwell Public 74,braq and he would like to know the status of the bond issue. Councilwoman wil liams answered that the Library Board was in the process of preparing a plan to submit to the Council in the early paw of November. There being no further business, to came before the Council at this time, it was moved by Council- man Banks, seconded by Councilman Carter, to recess the meeting to 4:00 P.M., October 5th. A vote was taken and the motion carried. �9 -� City Cler COUNCIL CHAMBERS October 5, 1973 4:00 P.M. The Council net pursuant to call and acknowledgement of notice in the following farm: We, the undersigned Mayor and Members of the City Council of the City of Caldwell, Idaho, do here- by acknowledge notice of a amial Meeting of the said City Council to be held in the Council Chambers in the City Han of Caldwell, Idabo, at the hoar of 4:00 o'clock P.M. on the 5th day of October, 1973, for the transaction of all business in connection with the following object: op ening bids for Northwest Canyon Hill Ohio, Indiana, Waabingtna and Linden Sewer Project and other business. Witness our signatures this 5th day of October, 1973: 1 Mayor !/ Councilwoman Councilman Councilman Councilman COU=41..n Couno Mayor Charles W. Carpenter presiding. Upon Roll Call, the following members of the Council answered present: Alta E. Williams, Alfred MoOluskey, Charles C. Banks and Lester E. Carter. Absents James R. Dakaa and Joe Gamboa. Letters accompanying EDA application Mavor Carpenter first read the following letters which were sent with the application for EDL funds: October 4, 1973 Mr. George Greene Economic Development Administration Federal Building and U.S. Courthouse Boa 08 550 West Fort street Boise, Idaho 83702 Re: Local match funding for EDk application Dear Mr. Greene: The City of Caldwell City Council has passed a motion stating the intent to meet local match funding requirements of 50 percent of the total project costs for the \ Caldwell Water and Sewer Collection Expansion Project.