HomeMy WebLinkAbout1975-12-02city council minutesBook 16, Page 234
REGULAR MEETING
December 2, 1975
7:30 P.M.
The Meeting was called to order by Mayor Pasley.
The.roll of the City Council was called with the following
members present: Gamboa, Dakan, McCluskey, Williams, and
Banks. Absent: Carter.
(APPROVAL OF MINUTES)
MOVED by Dakan, SECONDED by Gamboa to dispense with the
reading of the minutes of the Regular City Council Meeting
of November 18, 1975, and the Special City Council Meeting
of November 25, 1975, and approve them as written.
MOTION CARRIED
(AUDIENCE PARTICIPATION)
The Mayor asked if there was any business from the audience
to be brought before the City Council at that time. Mr. George
Dufur, the Building Inspector for the City, was recognized
and introduced Mr. Hal Margolis of Hospital Corporation of
America. He expressed his appreciation to the City of
Caldwell for their cooperation and friendliness.
(REPORT FROM POLICE CHIEF - RED BARN)
The Mayor stated that the report from the Chief of Police
regarding the problem at the Red Barn was the next order of
business. The Police Chief was unable to attend the City
Council Meeting so asked the Mayor to present the following
report:
Mr. Clausen has proposed a fence fifteen feet East of
his property line from the curb of Oak Street 140 feet
and then a gate across the end. To me this is unreasonable
as it would deny access from this area for any other
person using this right of way.
Mr. Steve Bonde, the owner of this property, states that
he will not allow the access to be gated off.
Mr. Mower has proposed to grade the parking area and
place tree logs along Oak Street entrance and along the
area so that Mr. Clausen's access to his garage and
property will not be infringed upon, and then place some
"No Parking at anytime" signs ou the shed.
I believe this would give Mr. Clausen his right of way,
and I would also inform the Council that I am thinking
about making Oak Street a one way street from South
Indiana East in the near future as this would help
eliminate some of the traffic coming off of the Long
Bun parking lot and also the Red Barn parking lot.
/s/ Charles W. Astleford
Chief of Police
MOVED by Gamboa, SECONDED by McCluskey that the City Council
accept the Police Chief's report.
MOTION CARRIED
It was suggested by Councilman McCluskey that the people
Book 16
Page 235
along Oak Street be notified as to what has happened in this
situation. The City Attorney also stated that he felt that
the City Council had done as much as they could regarding this
problem and he felt that it was done in a diplomatic manner.
It now became a private matter between the Red Barn and the
property owners.
(VACATION OF FAIRVIEW AVENUE - AUTHORIZE NOTICE)
The next order of business was the consideration of an
Ordinance to vacate Fairview Avenue between Logan and Elm
Streets. The Mayor called on the City Attorney, Mr. Tunnicliff,
to read the Notice of Public Hearing as follows:
N 0 T I C N
NOTICE IS HEREBY GIVEN AS FOLLOWS:
1. That an application has been presented to the
Mayor and Council of the City of Caldwell, Idaho, pursuant to
the provisions of 50- 1306A, Idaho Code, for the passage and
approval of an ordinance vacating a part of Fairview Avenue
in the City of Caldwell, described as follows:
This parcel is situated in the Revised Plat of
Dorman's Lakeview Addition to Caldwell, Canyon
County, Idaho, which plat is on file in Book. 2
of Plats at Page 15, in the office of the Recorder
of Canyon County, Idaho, and in the NE4 SE4 of
Section 28, Township 4 North, Range West of the
Boise Meridian,- and is more particularly described
as follows:
COMMENCING At the Northeast corner of said North -
east Quarter Southeast Quarter; thence North 89
52' 00" West, along the North boundary of said
Northeast Quarter Southeast Quarter, a distance
of 320.00 feet; thence South 0 08' 30" West, a
distance of 25.00 feet to a point on the South
boundary of the right way for Logan Avenue .
which is the TRUE POINT OF BEGINNING; thence
continuing South 0 08' 30" West, along the East
boundary of the right of way of Fairview Avenue,
a distance of 609.44 feet to a point on the North
boundary of Elm Street; thence North 89 52' West,
along the North boundary of said Elm Street and
parallel with the North boundary of said Northeast
Quarter Southeast Quarter, a distance of 26.00
feet to a point on the West boundary of said
Fairview Avenue; thence North 00 08' 30" East, .
along the West boundary of said Fairview Avenue,
.a distance of 609.44 .feet to a point on the South
boundary of said Logan Street; thence South 89
52' 00" East, along the South boundary of said
Logan Street and parallel with the North boundary
of said Northeast Quarter Southeast Quarter a
distance of 26.00 feet to the TRUE POINT OF
BEGINNING.
This parcel is subject to water line and gas line
rights of way.
This parcel_;.e,onta
2. That said application will be considered under
Book 16
Page 236
a suspension of the requirements that an ordinance be read
on three different days at a meeting of the Council of the
City of Caldwell, Idaho, to be held on the 6th day of
January, 1976, at the hour of seven thirty o'clock
(7:30) p.m., Mountain Standard Time, at the Council Chambers
in the City Hall in the City of Caldwell, Idaho; when and
where, or prior to which date any citizen or any owner of
property may file with the Clerk of the City of Caldwell an
objection to the vacation of said property, and any objections
so filed will be considered by the Council of the City of
Caldwell at said meeting.
DATED This 2nd day of December, 1975.
The City Attorney said that the procedure at that point
would be to authorize the City Clerk to publish the Notice
of Public Hearing two times in the local paper and notify
the property owners.
MOVED by Dakan, SECONDED by Gamboa that the City Clerk be
authorized to publish the Notice of a Public Hearing in
regards to the vacation of Fairview Avenue between Logan and
Elm Streets and to notify the property owners within three
hundred feet.
(CHARLES BRATTON - RED BARN)
MOTION CARRIED
The Mayor stated that he overlooked one thing.in regards to
the Red Barn problem. Mr. Charles Bratton was in to see the
Mayor and asked that it be declared publicly that he felt the
Red Barn was a problem. Mr. Bratton lives on Oak Street and
stated that he was interviewed regarding the Red Barn and it
was reported that he stated it was not a problem.
(LETTER FROM HIGH SCHOOL)
The Mayor read a letter that was addressed to Mr. Al McCluskey,
President of the Caldwell City Council, thanking him for
speaking at the Caldwell High School Pep Assembly before their
football game with the Nampa High School. The letter was
signed by the Principal of the Caldwell High School, Gene
Moylan, and Beth Karn, Head Cheerleader.
(THANK YOU LETTERS)
The Mayor read two letters of thank you; one from the Al
McCluskeys and one from Lt. Glen Hoobery of the Fire Department.
(APPROVAL OF INVESTMENTS)
The Mayor presented to the members of the City Council for
their consideration the funds which the City has invested at
the present time:
The Cemetery Perpetual Fund had invested $205,618.00
of which $73,500 was in Savings Certificates at 6.71 %;
$21,595 was a Farm Note at 8 %; $14 was loaned to the
Street Fund at 4.45 %; $94,000 of Swimming Pool Municipal
Bonds at 5 %; $1,200 of Local Improvement District #65
bonds at 5 %; $500 of Local Improvement District IA69
bonds at 5 %. The Cemetery Fund also has $12,000 in
Time Certificates deposited 30 days yielding 5.66% and the
Street Fund has $134,000 invested in Time Certificates
at 30 days at 5.66 %.
MOVED by Banks, SECONDED by Williams that the investments read
to the City Council be approved.
MOTION CARRIED
Book 16 Page 237
(CLAIM AGAINST CITY - ILA J. BELL)
The Mayor presented a claim against the City for $23.76
presented by Ila J. Bell for a damaged water valve caused
by sand.
MOVED by Banks, SECONDED by Dakan that the claim from Ila
J. Bell be denied and referred to the City's Insurance Carrier.
MOTION CARRIED
(EXTENSION OF UNION CONTRACT - FIRE DEPARTMENT)
The Mayor stated that the contract between the City of Caldwell
and the Fire Department Union, Local No. 1821, expires December
31, 1975, By mutual request, the City Council was being asked
to extend this to January 31, 1976, because the City Council
will not be able to make a decision on wages before that
time.
MOVED by McCloskey, SECONDED by Williams that the City of
Caldwell's Contract with the Fire Department Union, Local
No. 1821.' be extended until January 31, 1976,
MOTION CARRIED
(APPROVAL OF EASEMENTS)
The Mayor requested that the City Engineer, Mr. Lewis, present
a group of easements for the City Council's approval, Mr.
Lewis stated that the first group of easements was for future
sewer easements that were required as a result of vacating
Everett Street; the next - - group was for sewer which the
City will be bidding`next week located a half a South
of West Ash and West of Meadow Avenue extended; four
easements were for a sewer extension located a half block
South of West Ash and East ofSunset; and an easement on the
bicycle path on the Dixie Drain. The people involved in these
easements were as follows: Charles L. Miles and Eleanor I.
Miles; Ed F. Borchers & Laurene L. Borchers; Ronald W. Van
Auker and Charlene A. Van Auker; Chertudi Land Co., Fred
Larson and LaVerne Larson; Win. 0. Coates and Dorothy Coates;
Francis B. and Barbara Jeanne Johnson; Robert W. Welsh and
Elsie 0. Welsh;''Ja'mes C. Brooks and Viv'a Brooks; Charles
A.' McGee and Berenice B. McGee; Herman Schmahl and Esther I.
Schmahl. The City Engineer recommended to the City Council
that all of these easements be accepted and that the City Clerk
be instructed to record them.
MOVED by Gamboa, SECONDED by Dakan that the easements as
presented by'the' City Engin6er, Mr. Lewis9'be accepted and
that the City Clerk be instructed to record them.
MOTION CARRIED
(VARIANCE REQUEST - BYRLE MORSE)
The Mayor called on the City Engineer,'Mr. Lewis, to present
this variance application. Mr: Lewis explained that Byrle
Morse wants to develop the northeasterly half of Block 98
of Golden Gate Addition. Mr. Morse wants to divide the 250
feet into five 50-fo6lt for-moSile homes: Since the area
was too small to plat, which was a subdivision requirement by
Ordinance for the City-of Caldwell, a variance was required to
place the mobile homes there at one Mr. Lewis stated
that the lot sizes meet requirements and that the sewer was
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Page 238
there. The Building Inspector can issue only one building
per a year, but if a variance was given to Mr. Morse
the building permits could be issued on all five in less than
a year:,:The' variance• would actually -be to.allow the building
permits to ~be ,issued Tahich wouldsin.turn.solve. the problem
of the area being too small to plat.
The Planning Commission.c'onsidered the matter and recommended
that the City Council grant the variance subject to installation
of curb, gutter, and sidewalk as required by the subdivision
ordinance. Mr. Lewis commented that there was not proper
drainage in this area and he felt that putting in curb and
gutter may present other problems. After much discussion,
it was suggested that members of the City Council go with -
Mr. Lewis to look at this area before any decision was made.
The City Council felt that each situation mayihave to-be
considered.on its'.own merit'as it was presented in regard
to the requirement that curb,'gutter, and sidewalk be installed.
The Mayor requested that the City Engineer set a time for the
members of the City Council to look at the property in question
and that action on this request for a variance be postponed.
(APPROVAL OF IDA- ORE.AS HEALTH DISTRICT REPRESENTATIVE)
The Mayor stated
Ida -Ore Regional
request the City
health planning.
sent to him as a
this request:
that they had all heard Bart Bailey of
Planning and Development Council in Weiser
's support in Ida -Ore getting involved in
The Mayor read the following .letter that was
suggested letter to be sent in regards to
The City of supports the concept of local
planning and making health planning accountable and
productive to our constituents. To insure that health
planning is accomplished locally and is accountable we
encourage the formation of subarea health councils. We
further endorce the subarea council that has been appointed
for State Planning Region III.
The City encourages that local government statewide join
together and assist in forming six subarea health councils
and one Service Agency for the State of Idaho. We
will support only that organizational structure that
insures six subarea councils and allows appointment of
members by the chief elected officials>of local government.
/s/ Mayor of City
MOVED by McCloskey, SECONDED by- Dakan that the Mayor be
authorized to sign this letter as read and send it to Ida -0re
Regional Planning and Development Council.
MOTION CARRIED
(LEGISLATIVE TRAVEL AND MEETING ACCOUNT),
The Mayor reported to the City Council that there was
$1,963 left in the Legislative Travel and Meeting Account
as of November 30, 1975.
(REPORT OF COMMERCIAL BUILDING PERMITS)
The Mayor reported that the following Commercial Building
Permits were issued:
Book 16 Page 239
415 North Fifth for State Liquor Store; $142,000:
Storage Building on Aven just West of Indian Creek;
$19,000: Caldwell Building Supply at 2005 East Chicago
for lumber storage building; $20,000: Ruel Farwell,
3717 Lake Avenue, concrete tanks; $13,000: Bob Bushnell,
712 North 11th, storage and shop; $160,000: Six Unit
Apartment at 1115 Arthur; $100,000: for a total of
Commercial Building of $454,000.
(FINANCIAL STATEMENT)
Councilwoman Williams reported that there was claims against
t
The General Fund, the Special Fund, and the Water and Sewer
Funds totaling $41,993.26; Revenue Sharing, $297.48"'Registered
Warrants, $45,000; and Payroll, $104,297.93 for a total of
$191,588.67.
MOVED by Williams, SECONDED by McCluskey that warrants be
issued for these claims and for the payroll and the claims
filed in the Clerk's Office.
MOTION CARRIED
(CITY ENGINEER - EXPLAINS COMMITTEE APPOINTED BY PLANNING COMMISSION)
The City Engineer, Mr. Lewis, reported to the City Council
that at the last meeting of the Planning Commission it was
decided to appoint a committee composing of two members from
the Planning Commission, two representatives from the City
Council and two or more contractors to consider subdivision
improvements enforcement. Dean Dishman and Tom Ensley were
then appointed from the Planning Commission, Al McCluskey
and Pete Olesen would represent the City, and Rod Trumbull and
Gary Lasher as the contractors.
Councilman McCluskey stated that he would like the permission
of the City Council and the Planning Commission to have Mr.
Lewis, the City Engineer, act as coordinator for this
Committee.
(DAKAN - ENDORSE ACTION OF THE SCHOOL BOARD)
Councilman Dakan stated that he would like to go on record, and
hoped the City Council would go along with him, to endorse
the action taken by the School Board in dropping the Caldwell
Schools from the S.I.C. It was then MOVED by Dakan, SECONDED
by McCluskey that the City Council endorse the School Board's
action to drop the Caldwell schools from the S.I.C.
MOTION CARRIED
The Mayor stated that he would like to inform the Council that
he, along with the City Attorney, Councilman Gamboa, had a
pre-construction conference with Alpha Engineers and the Asphalt
Paving Contractors for the new airport and will shortly be ready
to sign the contract.
There being no further business, the meeting was adjourned
at 8:10 P.M.
APPROVED AS written THIS 16th DAY OF December 1975.
V A
Ma yor i
Councilman C
___-OATTEST:
Counci Councilman
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Councilman ounce man City GL&rk