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HomeMy WebLinkAbout1975-city council minutes11-18Book 16 REGULAR MEETING November 18, 1975 7:30 P.M. The Meeting was called to order by Mayor Pasley. Page 224 The roll of the Council was called with the following members present: Gamboa, Dakan, Carter, McCluskey, Williams, and Banks. Absent: none. (APPROVAL OF MINUTES) MOVED by Williams, SECONDED by Carter to dispense with the reading of the minutes of the Regular Meeting, November 3, 1975, the Special Meeting of November 5, 1975, the Special Meeting of November 13, 1975, and approve them as written. (AUDIENCE PARTICIPATION) MOTION CARRIED The Mayor asked if there was any business from the audience. .Receiving no `response from the audience, the Mayor said that the Council Meeting would proceed as outlined on the Agenda. (DECISION ON BID - TRACTOR BACKHOE FOR CEMETERY) The Mayor explained that bids were called for at the last Council Meeting for a tractor backhoe for the Cemetery. Only one bid was received which was substantially more than the sum budgeted for. The bid was from Nampa Ford Tractor Sales at a net price of $14,675 with delivery in 60 days. The Mayor talked with Mr. McNeel of Nampa Ford Tractor Sales and informed him that his recommendation to the City Council would be to reject his bid and ask the Council to authorize new invitations to bid. The Mayor told him that he was welcome to bid again. MOVED by Carter, SECONDED by Banks that the bid from Nampa Ford Tractor Sales for the tractor backhoe for the Cemetery be rejected. MOTION CARRIED (RED BARN - AUDIENCE WITH STEVE MOWER AND POLICE CHIEF) The Mayor explained that at the last Regular Council Meeting, a discussion was held in regards to the Red Barn being a nuisance. It was suggested at that Meeting that the owner of the Red Barn, Steve Mower, and the Police Chief be asked to attend this Meeting to discuss this matter. The Mayor called on the Police Chief to start the discussion. The Chief explained what had transpired since the petition was presented stating that the Red Barn was a nuisance to the people living in the area. Mr. Mower and a police officer had visited some of the neighbors in the area. Loud music and noise, as well as the clientele of the Red Barn running through the yards seemed to be the main complaints. The Chief stated that he could not say that Mr. Mower was not cooperating with the City. Mr. Mower had already installed a light at the Southeast corner of the building as was suggested to him. Since owning the Red Barn, Mr. Mower had put in more insulation to deaden some of the noise and also put in another fire exit. The Police Chief stated that a fence would not stop the noise and he didn't feel this was the answer, but the Chief did suggest some type of barricade such as railroad ties or power poles. Mr. Mower was then recognized by the Mayor. Mr. Mower stated Book 16 Page 225 that the Chief had pretty much said all that was necessary. Much discussion followed with several people in the audience commenting on the situation as being most disagreeable to them. Councilman Banks and Councilman McCluskey agreed that the problem was not the City Council's at this point, but more for Mr. Mower to negotiate with the people with the Chief of Police aiding all concerned. MOVED by McCluskey, SECONDED by Banks that the Police Chief negotiate the situation with Mr. Steve Mower and the residents around the Red Barn and that a report be given at the next Regular City Council Meeting. MOTION CARRIED (REPORT FROM FRIENDS OF THE LIBRARY) The Mayor called on Councilwoman Williams to report regarding the Library. Councilwoman Williams stated that she had two reports that she would like to make concerning the Library. The first was that several months ago Councilman Gamboa said that any monies he made from the airport he would give back to the City. She said further that the Friends of the Library were very pleased to report that Councilman Gamboa had chosen the Library for this gift which was in the amount of $953.10. Councilwoman Williams presented Councilman Gamboa a receipt for this amount with sincere thanks. In addition, Councilman Williams stated that the Canyon Abstract and:T.itle Company also gave another $150.00 to the Library. The other.:report.Councilwoman Williams wished to make was that to date there was $234,416.43 spent on the new Library. Up to that time, not one nickel was borrowed money. Councilwoman Williams stated that Councilman Gamboa also pledged anything that the airport money would earn from the first phase of the Airport to the new Library. The City Attorney also commented at the tremendous amount of assistance Councilman Gamboa had given to him and to the City in the acquisition of the land in regards to the new Airport. (NEW AIRPORT - SALE OF HOUSES- RESOLUTION NO. 29 -75) The Mayor explained that:the City had accumulated six houses which have been rented. The people were notified that they were to vacate by December 1, 1975. The Mayor asked the City Attorney what his opinion was as to the proper procedure that needed to be taken to authorize the sale of these houses. The Mayor read the following letter received from the City Attorney advising the City as to the proper procedure: Mayor Robert E. :Pasley City _Hall 704 Blaine Street Caldwell, Idaho 83605 Re: Sale of Houses by City of Caldwell in Airport Project Dear. Mayor:::: You have asked that I advise the City of the proper Book 16 Page 226 procedure for sale of the houses at the airport. The houses, when separated from the real property, and sold, would be considered personal property. There is no statutory procedure for sale of personal property similar to that set forth in our code as related directly to real property. The City is therefore not required to enact ordinances and wait any specified period of time and /or have any public hearings with regard to sale of this personal property. However, it would be desirable to publish requests for bids. I would recommend the following procedure: 1. The Council authorize requests for bids as pertains to each house. 2. A request for bids be advertised two times in the Caldwell News Tribune, 3. The request for bid should require a certificate of deposit of a sum adequate as determined by the Council to protect the City of Caldwell in the event the buyer fails to perform. 4. Upon receipt of the sealed bids the Council take action in accepting or rejecting the bids. 5. As in other requests for bids by the City of Caldwell, I would recommend that the Council reserve the right to accept or reject all bids. 6. Provide in the request for bid that failure to take possession on or before a date certain will result in forfeiture of the cash security, and the property will thereafter be re -bid. Yours very truly, /s/ Robert P. Tunnicliff City Attorney The Mayor then asked the City Council to authorize the Mayor and the City Clerk to proceed to advertise and sell these houses at the new Airport site as well as the house that the City owns at 1108 South Kimball. The City Attorney read the Resolution prepared for this purpose as follows: RESOLUTION AUTHORIZING MAYOR AND CLERK TO REQUEST SEALED BIDS FOR SALE OF PERSONAL PROPERTY OWNED BY THE CITY OF CALDWELL IT IS HEREBY RESOLVED That the Mayor and Clerk are authorized to publish request for bid on houses located on the Caldwell Industrial Airport site, and real property owned by the City of Caldwell at 1108 South Kimball. Terms of said request for bid shall be as follows: 1. Sealed bids shall be accompanied by twenty percent (20 %) cash or money order. 2. Balance of purchase price shall be furnished City of Caldwell upon :receipt of bill of sale for said personal property. 3. Said Caldwell Industrial Airport site property shall be removed by purchaser on or before February 1, 1976. F. e • Page 227 4. Spid 1108 South Kimball property shall be removed on or before June 1, 1976. 5. Failure to remove said personal property on or before said date shall result in forfeiture of said purchase price to City of Caldwell. 6.- The City of Caldwell reserves the right to reject any and all bids:' BE IT FURTHER RESOLVED That this Resolution shall take effect and be in full force immediately upon its passage and approval. Councilman Gamboa asked if because the airport was involved in Federal monies, should the house at 1108 South Kimball be included in the Resolution with the houses at the new Airport site. Some discussion followed with the consensus being that it was more of an accounting problem than anything. It was suggested that the date of vacation for the house at 1108 South Kimball be June 1, 1976, to give the family living there now time to see if they could buy the house and move it to another location. Councilman Banks stated he would sponsor the Resolution. MOVED by Banks, SECONDED by McCloskey that the Resolution be passed and called Resolution No. 29 -75 providing that the vacation date for the house at 1108 South Kimball be designated as June 1, 1976, instead of February 1, 1976. The Mayor called for a roll call vote. Those voting yes: Banks, Gamboa, Dakan, Carter, McCloskey, and Williams. Those voting no: none. MOTION CARRIED (CHANGE CODE ON GAS TRANSMISSION LINES) The Mayor stated that he had a visit from the operations manager of Intermountain Gas Company, advising the Mayor that the present Ordinance on gas transmission lines was not legal. It was now under the Jurisdiction of the United States Department of Transportation and effects Sections 5 -42 and 5 -43 of the City Code. These Sections have to be changed to conform with Public Law 90 -41. The City Engineer had gone through the Department of Transportation requirements and meet with his approval. MOVED by Carter, SECONDED by McCluskey to authorize the City Attorney to draw up an Ordinance making this correction to the City Code. _ MOTION CARRIED (AUTHORIZE NEW BIDS - TRACTOR BACKHOE FOR CEMETERY) MOVED by Carter,-SECONDED by-Williams that the City readvertise for bids on a new tractor backhoe for the Cemetery: MOTION CARRIED (REQUEST FROM LIBRARY BOARD REDUCE SIZE OF SIDEWALK) The Mayor said that the Library Board would like to narrow the sidewalk starting at Dearborn Street and where Eleventh Street should be adjacent to the old Jefferson Junior High School from 'five to three feet from Dearborn Street back to Book 16 Page 228 where the.gymnas.ium starts. This would be done so it would be possible plant evergreens along here which was included in the Library bid. A variance would be required to the Friends of the Library due ,to.the fact that the City Ordinance S eci p 'Pies four foot sidewalks. MOVED by Williams, SECONDED by McCluskey that this variance be granted,to the Friends of the Library to narrow the sidewalk adjacent to the old Jefferson Junior High School to provide room for evergreens. (APPROVAL OF EASEMENTS) MOTION CARRIED The City_,Engineer,presented four easements for the City Council to approve. The first one was for a sewer easement _y __. between.Llo d F.. Christensen and Marie H. Christe nsen to the City of Caldwell. The City Engineer stated that the standard _form was duly executed. The second easement was between Earney B. Snoddy, Ella Snoddy, and Lillie Mae Harr and the City of Caldwell., The City Engineer declared this- easement to be in order and explained that it was for a pedestrian path along Tenth Avenue. The third and fourth easements were between Fred D. Swopes and the City of Caldwell and were sewer easements. The ,City Engineer declared both of these to be in or d mm der an• - recoended that the.Gity Council accept all four .of these easements. MOVED by Banks, SECONDED.by Dakan that the City of Caldwell accept these four easements and instruct the City Clerk to have them recorded. MOTION CARRIED (VACATION OF FAIRVIEW AVENUE FOR HOSPITAL) The City Engineer, Mr., Lewis, presented this request for the vacation of Fairview Avenue between Logan Street and Elm Street., This was to provide for the building of the new hospital. The City Engineer submitted the application for the vacation of Fairview with his recommendation that this be granted. MOVED by Carter, SECONDED by McCluskey that the City Attorney be.,authorized to draft an Ordinance vacating that portion of Fairview. MOTION CARRIED (FINAL PLAT OF G.& S) The City Engineer presented this Industrial Plat that was East of Airport Avenue and North of Aven Street. Mr. Lewis stated that the plat met the requirements of the subdivision ordinance and it was app,raved by ,the Planning Commission with the stipulation that the cul -de -sac was granted on a variance. The street was named Summer Street. Mr. Lewis further stated that the Planning. Commission anticipated thatt::the City Council would require curb, gutter, and pavement. The Mayor suggested _._... that the City Council accept the final plat with the notation that no Building Permits be issued until the requirements were completed. Much discussion followed among the City Council members. It was then MOVED by McCluskey, SECONDED by Banks that the City Council accept the final Plat of G & S subject-to the improvements of curb, gut- te . r•, and pavement being made before a Building Permit could be granted. The Mayor called for a roll call vote. Those voting yes: McCluskey, Williams, and Banks. Those voting no: Gamboa, Dakan, and Carter. Since there was a tie vote, the Mayor Book 16 Page 229 was called upon to cast his vote which was yes.. The motion was then carried. MOTION CARRIED (AGREEMENT - CARL J. MEYER AND RONEL M. MEYER) The Mayor explained that a meeting or two ago, the City Council ;ranted a variance to Carl J. Meyer and Ronel M. Meyer to build a home on Lincoln Street. The variance was granted at that time subject to a satisfactory agreement being signed by the Meyers. The City Engineer read the agreement to the City Council. It was then MOVED by GCmboa, SECONDED by Carter that authorization be given for the Mayor and the City Clerk to sign this agreement with the Meyers. MOTION CARRIED (CHANGE COST OF BUILDING PERMITS) The Mayor said that he would like to ask the City Council's approval to request that the City Attorney prepare a change in the Ordinance as to the cost of Building Permits. This would bring the cost up, but this was where it should belong according to the Uniform Building Code. The City Council agreed to this request and the City Attorney would have it prepared. (CHANGE IN ORDINANCE TO INCLUDE MULTIPLE DWELLINGS) Councilman Dakan requested that the City Attorney change the City Code in the Building Code Section to include multiple dwellings. This would allow this kind of construction with the common wall to be placed in B Residential Area. He explained that there had been several requests for this type of building. MOVED by Dakan, SECONDED by Carter that the City Attorney be authorized to draw up this change in the City Code. ' MOTION CARRIED Councilman Dakan further reported that he had received verbal approval for the right of way on the property on Tenth and Linden for the Bicycle Path that he had been requested to obtain. The Mayor stated that he had obtained a copy of the easement from the City Engineer, taken it to Don Winder, who in turn will send it to the gentleman in Los Angeles for his signature. (FINANCIAL STATEMENT) Councilwoman Williams stated that there was claims in the amount of $29,175.89 of which $120.67 was Revenue Sharing. MOVED by Williams, SECONDED by McCluskey that warrants be issued after the December 2, 1975, City Council Meeting and that the claims be held in the Clerk's Office until that time. (EASEMENT REQUEST - IDAHO POWER) MOTION CARRIED The City Engineer stated that he had one more request for the Book 16 Page 230 City Council to consider. The Idaho Power needed an underground easement to the Senior Citizen's Center. The City Engineer stated that he needed authority for the Mayor and the City Cleric to execute this easement as soon as it was drawn up. .MOVED by Carter, SECONDED by Williams that an easement be given to the Idaho Power Company for the Senior Citizen Center. MOTION CARRIED There being no further business, the meeting was adjourned at 8:50. APPROVED AS wri tte n THIS 2nd DAY OF Decem 1975. Mayor Counc 'i'man Cou j ouric� --r � Councilman � _- 4 Councilman Councilman ATTEST �! City Cle: k(��f