Loading...
HomeMy WebLinkAbout1977-10-18city council minutesBook 18 REGULAR MEETING October 18, 1977 7:30 P.M. The Meeting was called to order by Mayor Pasley. Page 261 The Roll of the City Council was called with the following members present: McCluskey, Olesen, Williams, Raymond, and Banks. Absent: Bauman. (APPROVAL OF MINUTES) MOVED by Williams, SECONDED by Banks to dispense with the reading of the minutes of the Regular Meeting of October 4, 1977, and approve them as written. Roll call vote. Those voting yes: Williams, Raymond, Banks, McCluskey, and Olesen. Those voting no: none. Absent and not voting: Bauman. MOTION CARRIED (AUDIENCE PARTICIPATION) The Mayor stated that under the audience participation Councilman McCluskey had a motion that he would like to present to the City Council. Councilman McCluskey said thatthe motion was in reference to Mr. Thatcher ° s property. MOVED by McCluskey, SECONDED by Olesen that the variance be granted to Mr. Thatcher to upgrade the existing Shop Building to a three bedroom dwelling on the rear of Lot 2, Block 1 of Montana Manor Subdivisioa. Said variance is granted to permit the building to remain partially on a drainage and - utility easement located on the rear of said lot subject to the following: - 1. Before the building permit is issued, the owner shall execute an affidavit which prevents the subdividing of the lot in ownership until the property meets the requirements of the subdivision ordinance. 2. Permission is granted by the City Council to permit the proposed upgraded building to be served by a water meter which now serves another building on the property. 3. The building be connected to the City sewer system. 4. The building is to be used for a single - family dwelling. Roll call vote. Those voting yes: McCluskey, Olesen, W lliams, Raymond, and Banks. Those voting no: none. Absent and not voting: Bauman. MOTION CARRIED OLD BUSINESS (RESOLUTION ON TAXICAB RATES) The Mayor explained that this Resolution could not be presented to the City Council -for approval until Bill No. 38 was passed. Tonight was only the second:reading for this Bill. (BILL NO. 38 - TAXICAB FARES) The Mayor requested the City Clerk to read Bill No. 38 by title only as follows: Book 18 Page 252 AN ORDINANCE AMENDING TITLE 4, CHAPTER 11, SECTIONS 7, 11, 12, and 13 OF THE CITY CODE OF THE CITY OF CALDWELL, IDAHO, DELETING CERTAIN LANGUAGE THEREIN AND PROVIDING NEW SCHEDULE OF FARES FOR TAXICABS; REPEALING ALL ORDINAIiCES RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH. The Mayor then declared this to be the second reading of Bill No. 38. (RESOLUTION NO. 72 - WARRANTY DEED WITH KENNETH I, & DORIS DOUGLAS) The Mayor read Resolution No. 72 in full as follows: RESOLUTION AUTHORIZING MAYOR AND CITY CLERK TO EXECUTE A WARRANTY DEED BETWEEN THE CITY OF CALDWELL AND KENNETH 1, AND DORIS E. DOUGLASS, HUSBAND AND WIFE BE IT RESOLVED That the Mayor and City Clerk of t City of Caldwell be, and the same hereby are, authorized to execute that certain Warranty Deed attached hereto and made a pert hereof between ti City of Caldwell, and Kenneth I. Douglass and Doris E. Douglass, husband and wife; BE IT FURTHER RESOLVED That the real property as stated within the Warranty Deed attached has been appraised at FIVE THOUSAND DOLLARS ($5,000.00) by Orville D. Collins and said appraisal is attached and becomes part of the resolution. MOVED by McCluskey, SECONDED by Banks that Resolution No. 72 be passed with one addition that arrangements be made with Mr. and Mrs. Douglass that the City of Caldwell leases to them for agricultural purposes the land until such time that the City may need it, Roll call vote. Those voting yes: McCluskey, Olesen, Williams, Raymond, and Banks. Those voting no: none. Absent and not voting: Bauman. MOTION CARRIED (REQUEST BY JANE JONES - CALDWELL NIGHT FOR "SHENANDOAH ") The Mayor informed the Council that Jane Jones requested the City Council consider designating one night of the performance of 11 Shennandoah" as Caldwell night. This musical production was to be presented November 10, 11, 12, 13, 14, 17, 18, and 19 at the Boise High Auditorium. This is to benefit for the Mountain States Tumor Institute and all proceeds would to the Institute. MOVED by Williams, SECONDED by Banks that Monday night, November 14, 1977, be designated as Caldwell night at this production of "Shennandoah . Roll call vote. Those voting yes: Williams, Raymond, Banks, McCluskey, and Olesen. Those voting no: none. Absent and not voting: Bauman. MOTION CARRIED (CATERING PERMIT - AMERICAN LEGION) The Mayor presented a request for approval of a Catering Permit. This was for a Dance and Fishorama dinner for the American Legion on November 4, 1977. It would be catered by Paul Hanley of The Office. MOVED by McCluskey, SECONDED by Olesen that approval be given for this Catering Permit as requested by Paul Hanley for the American Legion. Book 18 Page 263 Roll call vote. Those voting yes: McCluskey, Olesen, Williams, Raymond, and Banks. Those voting no: none,. Absent and not voting: Bauman. MOTION CARRIED (RESOLUTION NO. 73 -77 - LEASE AGREEMENT WITH BURNS CHEVROLET) The next item on the Agenda was a resolution authorizing the Mayor and Clerk to execute a lease agreement with Burns Chevrolet for a 10 wheel dump truck. The Resolution was read as follows: BE IT RESOLVED Thatthe Mayor and Clerk of the City of Caldwell be, and the same hereby are, authorized to execute that certain Lease Agreement attached hereto and made a part hereof as if set forth in full by and between BURNS CHEVROLET INC., CALDWELL, IDAHO as Lessors and the City of Caldwell as Lessee, for the purchase of: 1 - New 1976 10 wheel diesel truck S #lD#CJ193V150481 BE IT FURTHER RESOLVED That payments required therein be authorized subject to annual approval by the City Council, City of Caldwell. MOVED by Banks, SECONDED by Williams that Resolution No. 73 -77 be passed. Roll call, vote. Those voting yes: Banks, McCluskey, Olesen, Williams, and Raymond. Those voting no: none. Absent and not voting: Bauman. NEW BUSINESS MOTION CARRIED (PRESENTATION BY GALE BURNS) This item was postponed until the nextRegular City Council Meeting. (FINAL BILL - GALEY CONSTRUCTION) The Mayor called on the City Engineer to present a final bill from Galey Construction on the E.D.A. Project for sewer and water line extensions. Mr. Lewis stated that it was in the bills for the month and was for $7,063.64 from which $1,380 was withheld for work not completed by Galey Construction which must be completed and paid for by the City. MOVED by Raymond, SECONDED by Banks that approval be given for this final bill to Galey Construction. Roll call vote. Those voting yes: Raymond, Banks, McCluskey, Olesen, and Williams. Those voting no: none. Absent and not voting: Bauman. MOTION CARRIED (BILL NO. 39 - BEAUTIFICATION COMMISSION CHANGES)., . The Mayor requested the City Clerk to read Bill No. 39 by title only as follows: AN ORDINANCE AMENDING TITLE 2, CHAPTER 9, SECTIONS 1, 2, 4, 6, 7, and 8 OF THE CITY CODE OF THE CITY OF CALDWELL, IDAHO, DELETING CERTAIN LANGUAGE THEREIN AND PROVIDING FOR NAME CHANGE TO CALDWELL COMMUNITY DEVELOPMENT COMMISSION; REPEALING ALL Book 18 Page 264 ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH. The Mayor declared this to be the second reading of Bill No. 39. (REQUEST FROM FIRE CHIEF FOR TRAVEL) The Mayor read a letter from Harold Perfect, the Fire Chief. The letter was requesting permission for three of the firemen to attend the Fire and Arson School in Boise on October 31st, November lst and 2nd. The cost of registration was $10.00 each plus the cost of their lunch for three 'days. Mileage would be paid for one vehicle each day. The total cost should not be over $95.00 for the three days.' MOVED by Olesen,'SECONDED by Banks that permission be given for this request as presented by the Fire Chief. Roll call vote. Those voting yes: Olesea, Williams, Raymond, Banks, and McCluskey. Those voting no: none. Absent and not votine: Bauman. MOTION CARRIED (REPORT ON DROUGHT RELIEF GRANT) Finance Director, Mr. Horan, stated that each of the Council members were giver, a copy'of the monthly report of expenditures covering administrative costs and travel expense for the month of August, 1977, in connection with the E.D.A. Drought Relief Grant. Mr. Horan further stated that such reports will be made for the Council's review and approval each month to keep all expenditures of like kind in an up to date manner. He was now asking for approval of the August report which showed a total of $989.61. MOVED by McCluskey, SECONDED by Olesen that approval be given for the monthly report of expenditures for the E.D.A. Drought Relief Grant. Roll call vote. Those voting yes': McCluskey, Olesen, Williams, Raymond, and Banks. Those voting no:, none. Absent and not voting: Bauman. MOTION CARRIED (DINSMORE LETTER REGARDING FLOODING PROBLEMS) The Mayor read a letter to the City Council members from Raymond E. Dinsmore as follows About fifteen months ago, Mrs. Dinsmore discussed with you the problem of the flooding of our property when a hard rain occurs. Subsequently, we received a letter from your office stating that you were aware of the problem. However, your letter indicated that due to the high cost, approximately $250,000 to correct the cities drainage system.; little could be done. On September 24, 1977, while we were away for the weekend, it rained hard for several hours flooding our property including our garage and cellar. This flooding ruined several electrical instruments, loosened the in the family room, ruined books and research notes fcr a master's'th:esis, wet the walls, rugs and wardrobes. We can, because of this, no longer acquiesce to the continuing destruction. We' have' tr ed to alleviate this problem by building dams around Book 18 Page 265 the house wherever possible; however, due to the geometry of our property we have reached the limits for further damming of our structures. A solution to this problem must involve the street's drainage system. Whereas the flooding occurs whenever there is a hard rain, and for only a few hours, a simple inexpensive solution is available and as follows: 1. Provide low pressure piping, 5" or 6" diameter, with a single recessed gate valve from the drainage well to the sewer casing. The distance from the drain well to the sewer manhole is 47 feet; the piping to be buried a few feet sloping down to the sewer manhole casing. 2-. The recessed gate valve to be operated by a removable reach rod to prevent unauthorized operation. A polaroid snapshot of the drainage well and sewer manhole is submitted for information purposes. I would like to point out that flooding usually lasts for only a few hours and if part of this water were directed into the sewer, it would not place any serious strain on the sewer system. Fox example, last year during a flood, city officials came and opened the sewer manhole and we noted "a small flow through the sewer piping. The valve to the direct water from the drainage well to the sewer casing would be opened only enough to prevent flooding, allowing the regular drainage system to carry away the major flow of surface water. We are submitting a bill for the actual replacement cost for the three electrical instruments ruined by the latest flooding. This time there will be a billing only. However, in the future, if there is any flooding of our property, a full bill will be prepared for all materials and labor resulting from the flood, including estimated damage to the structures. In addition, I would like to point out that we are paying property taxes on a structure that we dare not fully utilize because of the constant threat of flooding. In the future a tax rebate will be r equested. I am sure ' you will agree that for several years we have been patient in absorbing the cost, as well as the inconvenience, of having our property flooded. Enough is enough. I am willing to meet with you, or with any other person or persons, to discuss or clarify the suggested solution to the problem. The Mayor then read the letter he wrote to Mr. Dinsmore in answer to the proceeding letter as follows: Thank you for your letter concerning your flooding problems emanating from the street drain in front of your home. When our sewage treatment plant is updated (for which plans have been approved by E.P.A. and Health & Welfare) much money will be spent to keep ground water and street drainage out of our sewer system. We do not think they will permit a pipe from the street drain to the "sewer, but we will find out. It also could cause flooding from an overloaded sewer pipe. The City has made every - effort to get a Federal Grant to rebuild the Fillmore drain but it is mot grant eligible. I am sending a copy of your letter to Alexanderson, Davis, Book lb .cage zbd Rainey and Whitney, City Attorneys, for their opinion on what the City should do. We are willing to help if we can define what to do that E.P.A. and Health and Welfare will permit. Ti;.ere were a number of homes flooded the same night as you were. The only real solution would be to replace about two miles of the Fillmore drain and we are not smart enough to know how to come up with the money. MOVED by McCluskey,.SE by. Raymond that the claim be denied pending clarification of the legal standing on the issue. Roll call vote. Those voting yes: McCluskey, Olesen, Williams, Raymond, and Banks. Those voting no: none. Absent and not voting: Bauman. MOTION CARRIED (CONSIDERATION OF BID OF BLACKER COMMUNICATIONS) This item was postponed until it could be more thoroughly discussed. (PUBLIC HEARING ON ZONING FOR ANNEXATION - PARK WEST ADDITION) The Mayor stated that there was .a recommendation from the Planning and Zoning Board to zone this addition "A" Residential when annexing. The Mayor then declared the meeting. open for a public hearing regarding zoning for Park West. Since there was no one who cared to speak in regard to this zoning, the Mayor declared the Hearing closed. (BILL NO. 42 - ANNEXATION FOR PARK WEST) The Mayor then requested the City Clerk to read Bill No. 4-2 by title only as follows: AN ORDINANCE DETERMINING THAT CERTAIN LANDS HAVE BEEN ANNEXED TO THE CITY OF CALDWELL, STATE OF IDAHO, AND DECLARING SAID LANDS, BY PROPER :LEGAL DESCRIPTION THEREOF, AS DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF SHALL BE INCLUDED IN A ZONE OF THE CITY OF CALDWELL, CANYON COUNTY IDAHO, AS _FOLLOWS: Exhibit "A" - "A" Residential Zone. MOVED by McCluskey, SECONDED by Williams to suspend the rules requiring the leading of a Bill three separate days and t11at Bill No. 42 be read the second time by title and the third time in full, section by section. Roll call vote. Those voting yes: McCluskey, Olesen, Williams, Raymond, and Banks. Those voting no: none. Absent and not voting: Bauman. MOTION CARRIED The Mayor directed the Clerk to read the Bill the second time by title, and the third time in ,full. MOVED McCluskey, SECONDED by Williams that Bill No. 42 be passed and entitled Ordinance No. 1450. Roll call vote. Those voting yes: McCluskey, Olesen, Williams, Raymond, and Banks. Those voting no: none. Absent and not voting: Bauman. MOTION CARRIED Book 18 Page 267 (PUBLIC HEARING - SEWER EASEMENT VACATION REQUEST) The Mayor declared the Meeting open for a'Public Hearing regarding this vacation. Since no one had any comments either for or against this vacation, the Mayor declared the Public Hearing closed. (BILL NO. 41 - SEWER EASEMENT VACATION) The Mayor requested the City Clerk to read Bill No. 41 by title only as follows: AN ORDINANCE RECITING PETITION FOR VACATION AND RECITING APPROPRIATE NOTICE THEREFOR WAS GIVEN: DETERMINING THAT VACATION OF THE FOLLOWING DESCRIBED REAL PROPERTY SHALL BE MADE, TO -WIT: COMMENCING at the Westerly corner of Lot 5 in the Replat of Blocks 84 and 85 of Golden Gate Addition to Caldwell, according to the official plat on file in Book 5 of Plats at Page 3 in the office of the recorder of Canyon County, Idaho; thence South 46 East, 10.00 feet along the Southwesterly boundary of said Lot 5 to the REAL POINT OF BEGINNING; thence continuing South 46 East, 14.00 feet; thence North 4 3 East, 120.00 feet; thence North 46 West, 14.00 feet along the Northeasterly boundary of said Lot 5; thence South 43 West, 120.00 feet to the REAL POINT OF BEGINNING. MOVED by Banks, SECONDED by McCluskey to suspend the rules requiring the reading of 'a Bill three separate days and that Bill No. 41 be read the second time by title and the third time in full, section by section. Roll call vote. Those voting yes: Banks, McCluskey, Olesen, Williams, Raymond. Those voting no: none. Absent and not voting: Bauman. The Mayor directed the Clerk to read the Bill the second time by title and the third time in full. MOVED -by Banks, SECONDED by McCluskey that Bill No. 41 be passed and entitled Ordinance No. 1449. Roll call vote. Those voting yes: Banks, McCluskey, Olesen, Williams, and Raymond. Those voting no: none. Absent and not voting: Bauman. MOTION CARRIED (POLICY REGARDING RESALE OF CEMETERY LOTS) - The Mayor explained that the Sexton of-the Cemetery had requested that this Policy be considered. The Mayor read the following suggestion for the Policy as follows: RESALE OF CEMETERY LOTS THE ESTABLISHMENT OF COSTS RELATIVE TO THE RESALE OF OWNED CEMETERY LOTS. The following costs to the City of Caldwell with respect to the resale of cemetery lots shall be passed on to the seller upon receipt of resale funds: Type of Work Time Correspondence 1 hour 30 min. Book 18 Applicable Forms Quitclaim Deed Record Changes Cemetery Personnel Time - Total 5 hour, 45 min. Time calculated at $6.35 per hour which represents salaries, fringe benefits and office equipment. 5 hours 45 m.in. @ $,6.35 $34.61 rounded to $31 5 .00 35. $ b0 shall be .represented as a reasonable cost and shall be credited to the Cemetery Fund as miscellaneous revenue. — Some discussion followeed this. The Mayor stated that the only controversy was between the Sexton and the City Clerk. The Clerk's Office felt that they should be compensated for this work as well as the Cemetery. Councilman Olesen felt that the Clerk's Office should be compensated as this was how business of this kind was handled in other-departments of the City. The Mayor suggested that the split be a one third and two third split, with the Clerk's Office getting the one third portion. MOVED by McCloskey, SECONDED by Raymond that this Cemetery policy be approved with the split in costs to be handled as suggested by the Mayor. RolL call vote. Those voting yes McClusk ey, Olesen, Williams, Raymond, and Banks. T'laose voting no: none. Absent and not voting: Bauman. MOTION CARRIED (DEEDS AND EASEMENTS) Mr. Lewis, City Engineer, presented three sewer easements; two of. them were for Anderson's Development called Sandalwood Apartment from Rogert L. and Susan Anderson and the third one was on Canyon Hill on Indiana Street from All American Realty. He also presented a Quitclaim Deed for another five feet of. Indiana on the same property as the sewer easement from All American Realty, Inc. There was also a deed from Herman Wanders to the City for any property West.of the new line .along the Northeast part of the Cemetery. MOVED by McCloskey, SECONDED by Raymond to approve the easements and Deeds as presented by the City Engineer. Roll call vote. Those voting yes: McCluskey, Olesen, Williams, Raymond, and Banks. Those voting no: none. Absent and not voting: Bauman. MOTION CARRIED (RESOLUTION NO. 74 -77 - DEED WITH HERMAN H. WANDERS) The Mayor explained that Resolution No. 74-77-was to authorize — the Clerk and Mayor to execute a deed to Herman H. Wanders from the City of Caldwell for the property below the rim of the Cemetery. The Mayor requested Counci•1man.McCluskey to read this REsolution as follows: Page'26S 05 min. 10 mini. 30 min. 3 .hour 30 min. RESOLUTION AUTHORIZING MAYOR AND CITY CLERK TO EXECUTE A QUITCLAIM DEED BETWEEN THE CITY - OF CALDWELL AND HERMAN H. WANDERS. Book 18 Page 269 BE IT RESOLVED That the Mayor and City Clerk of the City of Caldwell be, and the same hereby are, authorized to execute that certain Quitclaim Deed attached hereto and made a part hereof between the City of Caldwell and Herman H. Wanders. MOVED by McCluskey, SECONDED by Olesen that Resolution No. 76 be passed. Roll call vote. Those voting yes: McCluskey, Olesen, Williams, Raymond, and Banks. Those voting no: none. Absent and not voting: Bauman. MOTION CARRIED (FINANCIAL REPORT) Councilwoman Williams reported that the total for all funds was $204,280.06 and the payroll was $125,914.84. Councilman Raymond questioned as to what the bill to the Chamber of Commerce was in the amount of $5,000. The Mayor stated that this was for fireworks and Christmas decorations. Mr. Raymond questioned why it had to be paid at this time of the year. He felt that this money should be held by the City in order to earn interest. The Mayor answered that the Chamber requested that this be paid now as the fireworks have to be ordered way ahead of time. Councilman Raymond stated that he would like to have a legal opinion regarding this payment being made at this time of year. It was then suggested by Councilman McCluskey that the warrant be held or written to include only the Christmas decorations at this time. MOVED by Williams, SECONDED by Raymond that approval be given for the bills and for the payroll and warrants issued for all bills and (To be deletedthe requests for payment be filed in the Clerk's Office with the from the minutes.) exception of the $5,000 to the Chamber of Commerce. (This was to be reduced to $2,500.) Roll call vote. Those voting yes: Williams, Raymond, Banks, McCluskey, and Olesen. Those voting no: none. Absent and not voting: Bauman. MOTION CARRIED There being no further business, the Meeting was adjourned at 8:15 P.M. APPROVED AS corrected THIS 1st DAy OF November 1977. ATTEST: City Cler