HomeMy WebLinkAbout1974-10-15city council minutesBook 15 Page 144
REGULAR MEETING
October 15, 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, Williams, and Banks.
Absent: McCloskey.
'APPROVAL OF MINUTES)
' It was MOVED by Carter, SECONDED by Banks to dispense with
the reading of the minut6s of the Regular Meeting of October
lst, and approve them as written.
MOTION CARRIED
(AUDIENCE PARTICIPATION)
The Mayor recognized Mrs. d , Iuhlenbeck of 1502 Fain Street. She
asked the City Council to consider a variance for her Child
Care Center located at the same address. She applied for a
special permit for an addition to her home on April 27, 1974,
to start a Day Care Center for small children. She stated that
she had been giver_ a license by the State of Idaho for 45
children and that she had met all of the fire and health
regulations for the State. Fire Chief Harold Perfect and Mr.
Dufur during their inspection requested by the State advised
her that according to the City Uniform Building Code she had
room for only 24 children as she must have 50 square feet for
each child being cared for, and any number above this would have
to be by a special variance from the City Council. She stated
that the State requires only 25 square feet for each child.
The Mayor read a letter from Mr. Dufur, the Building and Sanitation
Inspector, explaining the reason for his recommendation. The
Mayor stated that the Center was beautifully run, but due to the
fact that it did not comply with the Uniform Building Code
(Chapter 33, Table No. 33A, Page 477), he would ask the Council
on behalf of the children and on behalf of the City, that even
though she is running an outstanding operation should anything
occur such as a fire, the City's liability could be placed in
jeopardy.
Mr. Craven, a father of several of the children currently staying
at the Child Care Center, informed the Council that he felt the
Center a wonderful place for children and that on behalf of the
children he hoped they would grant the variance.
After much discussion, it was decided that the Council would visit
the Child Care Center Thursday afternoon, October 17th, at 4:00.
This matter will then be put on the agenda for the next Council
Meeting. The Mayor also asked the Fire Chief to contact the State
concerning the difference between the State requirement and our
Building Code. The City Attorney was also requested to find out
how the schools are able to maintain classrooms of the size now in
progress with the regulations set by the City.
Further business from the audience was a Mr. Will Skinner of
2015 Poplar Street. He asked for a renewal on the preliminary
subdivision of the Hanley Subdivision No. 1. A renewal was given
twice before. The Idaho Highway Department was holding off telling
him the amount of right of way needed for the Interstate Highway
improvement. Mr. Skinner felt that with another 90 days extension
they would have the necessary information. The City Engineer advised
the Council to give this extension.
.MOVED by Gamboa, SECONDED by Dakan that Mr. Skinner be given this
extension.
MOTION CARRIED
Book 15
Page 145
(PUBLIC HEARING ON SALE OF PROPERTY OFF FRANKLIN ROAD)
The . 1 ,byor set the date for the public hearing on the sale of
property off Franklin Road. The Council already approved the
sale of this property. The date set was Tuesday, December 17th,
at the Regular Council Meeting.
(HERMAN 14AMERI S LEASE)
The Mayor reported to the Council that the City Attorney drew
a lease for the City property located below Canyon Hill where
the mosquito problem existed. The Council approved at the
last meeting a five year lease at a $1.00 a year with a five '
year option. The Mayor stated that he received Mr. and Mrs.
Wander's signed copy of the lease with five year's rent paid
in advance.
(BEAUTIFICATION COMMISSION MEETING)
Councilwoman Williams reported that the Organizational Meeting
of the Beautification Commission met last Tuesday night with
excellent attendance. They plan to meet the second Monday
noon of each month. A recommendation for the vacancy on the
Board will be presented at the next meeting.
(ORDINANCE ANNEXING PROPERTY, KITS)
This was delayed until the next Council Meeting in order to
contact another ownership involved in this transaction.
(BILL NO. 34 - ORDINANCE NO. 1 343)
Councilman Banks read the following:
AN ORDINANCE TO AMEND TITLE 5, CHAPTER 1, 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 5, CHAPTER 1, SECTION 9, PROVIDING THAT IT SHALL
BE UNLAWFUL FOR ANY PERSON TO CONSTRUCT A FENCE UPON ANY
PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF
CALDWELL WITHOUT FIRST HAVING APPLIED TO AND OBTAINED FROM
TfE BUILDING OFFICIAL A PERMIT SO TO DO; REPEALING SECTION
9 -1 -6 OF MUNICIPAL CODE OF THE CITY OF CALDWELL, COUNTY OF
CANYON, STATE OF IDAHO, WHICH SAID SECTION PROVIDES THAT IT
SHALL BE UNLAWFUL FOR ANY PERSON TO ERECT OR MAINTAIN ANY
ELECTRIC FENCE OR ANY FENCE CONSTRUCTED IN WHOLE OR IN PART OF
BARBED WIRE, PROVIDING FOR THIS ORDINANCE TO TAKE EFFECT AFTER
ITS PASSAGE, APPROVAL AND PUBLICATION ACCORDING TO LAW;
REPEALING ALL ORDINANCES INCONSISTENT. THEREWITH.
Councilman Banks will sponsor this Bill. It was MOVED by Banks,
SECONDED by Dakan to suspend the rule requiring the reading of
a Bill three separate days and that Bill No. 34 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: Banks,
Gamboa, Dakan, Carter, Williams. Absent and not voting: mcauskey.
Those voting no: none.
The Mayor directed the Clerk to read Bill No. 34 the second time
by title and the third time in full. '
MOVED by Banks, SECONDED by Gamboa that Bill No. 34 be passed and
entitled Ordinance No. 1343. The Mayor asked for a roll call vote.
Those voting yes: Banks, Gamboa, Dakan, Carter, and Williams.
Absent and not voting: McCluskey. Those voting no: none.
MOTION CARRIED
Book 15
Page 146
(RESOLUTION NO. 19 -74)
This Resolution is in consideration of agreement with U.P.P.R.
for E.D.A. Project crossing and was sponsored by Councilman
Banks. He read the following:
RESOLUTION APPROVING AGREEMENT WITH THE OREGON SHORTLINE
RAILROAD COMPANY, UNION PACIFIC RAILROAD COMPANY TO
INSTALL AND MAINTAIN A CITY WATERLINE ACROSS RAILROAD
RIGHT -OF -WAY
WHEREAS: The City of Caldwell has been granted funds to
develop water system improvements in the industrial areas
by the Economic Development Administration; and
WHEREAS: It is necessary to cross the right -of -way of the
Oregon Shortli.ne Railroad, Union Pacific Railroad Company
from a point on the Southwesterly right -of -way at Railroad Sta.
354 + 35.5 to a point on the Northeasterly right -of -way
line at Railroad Sta. 3 548 + 85.9 and under Bridge No. 464.95;
(Railroad Sta. 3547 + 75.0 is 1249.6 feet Southeasterly from
the Northline of Section 27 T4N, R3W, BM along the Railroad
centerline)
NOW, THEREFORE, BE IT RESOLVED:
1. That the Agreement for the waterline crossing identified
as L.D. No. 20959 is hereby approved.
2. That the Mayor and City Clerk are hereby authorized
to execute the agreement on behalf of the City of
Caldwell, Idaho.
Councilman Gamboa suggested that the point of beginning should
be added to this. The Council will approve the Resolution with
the stipulation that this be added by the City Engineer before
giving to the City Clerk.
MOVED by Banks, SECONDED by Gamboa that Resolution No. 20 -74
be passed with the stipulation that the point of beginning be
added before given to the City Clerk.
The Mayor called for a roll call vote. Those voting yes: Banks,
Gamboa, Dakan, Carter, and Williams. Absent and not voting:
MoCluskey. Those voting no: none.
MOTION CARRIED
(CITY ENGINEER REPORT ON PIANNING COMMISSION LIMITS)
19r. Lewis, the City Engineer, stated that much discussion was
held concerning the planning limits, particularly concerning
the preliminary plat, Obendorf Acres, South of Ustick Road.
The Planning Commission stressed the need for the Planning
Commission to establish boundaries, more specifically with
respect to Ustick Road, and decide how far beyond they want to
go at the present time. They moved that the planning limits
should be extended 1/4 mile South of Ustick Road and that the
western limit should be Marsing Boulevard. This was the
recommendation brought to the City Council by Mr. Lewis.
After much discussion by the Council, it was their decision to
table the discussion until additional information could be
obtained. Mr. Lewis is to draw up a map for the next Council
Meeting showing the disadvantages and advantages of this decision.
MOVED by Gamboa, SECONDED by Carter to discuss this further when
additional information is availabJz�.
MOTION CARRIED
(AUDIT REPORT BY MR. MESSURI)
The report was made by Mr. Messuri. Copies were distributed to
all members of the Council. The management letter and the Audited
Book 15
Page 147
Financial Statements and other financial information are on
file with the Treasurer and the City Clerk.
MOVED by Councilwoman Williams, SECONDED by Gamboa that the
audit be accepted and recommendations be followed for the year
1973.
MOTION CARRIED
(AUDIT CONTRACT FOR FISCAL YEAR 1974)
W. Messuri requested an increase in the audit for the year
1974 to $2975. He stated that if they could come in on February
24th, they would have the audit done by March 30th. The Mayor
assured him that they could be in on the 24th of February.
MOVED by Williams, SECONDED by Gamboa that the Council accept
Mr. Messuri's contract for the audit of 1974 and accept the fee
of $2975.
NOTION CARRIED
(LETTER TO ALPHA ENGINEERS)
The Mayor requested the approval of the City Council to send
a letter to Alpha Engineers authorizing them to proceed with
the airport work.
MOVED by Dakan, SECONDED by Gamboa that the letter be sent
to Alpha Engineers.
MnTanu r.ARPTRn
(THANKSGIVING VACATION)
The Mayor asked for the Council's permission to allow the City
employees to vote this coming year as to whether they would
like to have Columbus Day as a vacation day or the Friday _
following Thanksgiving as a vacation day. '
MOVED by Banks, SECONDED by Carter to allow the employees this
next year to vote on which day they want as a holiday, Columbus
Day or the day after Thanksgiving.
MOTION CARRIED
(AGREEMENT BETWEEN CITY OF CALDWELL AND GOLDEN GATE DISTRICT)
The Mayor proposed to the Council that he have the Clerk make
copies of the agreement for each member of the Council and for
the Golden Gate people and this be the only action taken at
I
his meeting.
(RESOLUTION NO. 18 -74)
This Resolution was ready by the City Attorney as follows:
RESOLUTION CONFIRMING TRANSFER AND AUTHORIZING MAYOR AND
CLERK TO EXECUTE DOCUMENTS
WHEREAS, on the 16th day of Jul 1974,
Ordinance No. 1332 was enacted expressing intent to
transfer property; and
WHEREAS, thereafter a public hearing was held pursuant
to notice thereof on the 17th day of September, 1974; '
and
WHEREAS, no objection was made unto the ordinance
expressing intent to transfer as said public hearing;
NOW,THEREFORE, BE IT RESOLVED that the Mayor, City of
Caldwell, and the Clerk, City of Caldwell, be authorized
and directed to execute all necessary documents in the name
of the City of Caldwell, County of Canyon, State of Idaho,
to complete said transfer of property as set forth in said
Ordinance.
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