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HomeMy WebLinkAbout1975-12-16city council minutesBook 16 REGULAR MEETING December 16, 1975 7:30 P.M. The meeting was called to order by Mayor Pasley. Page 242 The roll of the City Council was called with the following members present: Gamboa, Dakan, Carter, McCluskey, Williams, and Banks.. Absent: none. (APPROVAL OF MINUTES) It was MOVED by Williams, SECONDED by Banks to dispense with the reading of the minutes of the Regular Meeting of December 2, 1975, and the minutes of the Special Meeting of December 8, 1975, and approve them as written. MOTION CARRIED (AUDIENCE PARTICIPATION) The Mayor asked if there was any business from the members of the audience. The Mayor stated that he would like to thank Jan Boles and Dorothy Huckabay of the News Tribune for the article in the paper the previous night showing some of the accomplishments of the City of Caldwell for this year. (BILL NO. 20 - ORDINANCE NO. 1367 - BUILDING PERMIT FEES) The Mayor said that the first item on the agenda was consideration of an Ordinance bringing up to date the building permit fees to correspond with the 1973 Building Code. The Mayor asked Councilman Banks to read the proposed Ordinance as follows: AN ORDINANCE TO AMEND TITLE 5, CHAPTER 1, OF THE MUNICIPAL CODE OF THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO, BY REPEALING SECTION 5 -1 -2, AND BY SUBSTITUTING THEREFOR A NEW SECTION 5 -1 -2 AUTHORIZING THE BUILDING OFFICIAL TO ESTABLISH FEES BY RULE AND REGULATION SUBJECT TO APPROVAL BY THE CITY COUNCIL; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR THIS ORDINANCE TO TAKE EFFECT AFTER ITS PASSAGE, APPROVAL AND PUBLICATION ACCORDING TO LAW. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO: SECTION 1. That Section 5 -1 -2 of the City Code of the City of Caldwell be, and the same is, hereby repealed. SECTION 2. That Section 5 -1 -2 of the City Code of the City of Caldwell be, and the same is, hereby enacted to read as follows: 5 -1 -2: FEES: From and after January 1, 1976, applicants for construction, repair or remodeling of any building shall pay to the Building Official fees established by the Building Official by Rule and Regulation subject to approval by the City Council. SECTION 3. That all ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4. This ordinance shall be in full force and effect from and after its passage, approval and publication according to law. Book 16 Page 243 Councilman Banks stated that he would sponsor this Ordinance. It was then MOVED by Banks, SECONDED by McCluskey to suspend the rule requiring the reading of a bill three separate days and that Bill No. 20 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, McCluskey, Williams. Those voting no: none. MOTION CARRIED 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. 20 be passed and entitled Ordinance No. 1367. The Mayor called for a roll call vote. Those voting yes: Banks, Gamboa, Dakan, Carter, McCluskey, and Williams. Those voting no: none. MOTION CARRIED The City Attorney, Mr..Tunnicliff, explained that this Ordinance allows the Building Official to set the cost of Building Permits after approval by the City Council. Until the Ordinance has been published, the Building Inspector will not have the authority to do this. Therefore, the fee schedule should be adopted at the next Council Meeting after the Ordinance has been published and officially in force. (AUTHORIZATION OF SUPPLEMENT COSTS FOR NEW AIRPORT PROPERTY) The Mayor stated that he had a report from Bob Smith and Associates on additional costs on land acquisition for the new Airport. Mr. Smith asked the City of Caldwell to allow a rent supplement of $1,920.00 for Mrs. Allen. Her trailer home was moved and mcw ing expenses were authorized at the last meeting, but this current amount was for rent supplement. Mr. Smith asked $665.00 interest supplement for Mr. Tibesar. Relocation benefits were already approved of $3,500.00. There was $460.00 moving expenses and up to $100.00 legal expense for papers drawn up at First federal Savings and Loan. For the Cannings, there was a housing differential of $5,685, search for replacement property $478.00 and household moving was $500.00 which makes the total $8,195.00. The Mayor stated that he was presenting these figures to the City Council for their approval. MOVED by Dakan, SECONDED by McCluskey that the City Council approve these supplement costs for the new Airport. MOTION CARRIED (SEWER BID CONSTRUCTION ACCEPTANCE) The Mayor explained that at a recent Special Meeting there was a bid opening for construction of a sewer. These bids were taken under advisement until this meeting and the Mayor called on Mr. Lewis, the City Engineer, to report on these bids. The City Engineer explained that the one remaining easement was forthcoming in the mail. Three of the people have paid their $600.00 charges. Mr. Lewis recommended that the City Council Award the bid to Sommer Construction of Nampa subject to the remaining $600.00 being paid. Mr. Lewis felt this would be paid as this was from a Mr. Miles who was the one who really wanted the sewer. Book 16 Page 244 MOVED by Gamboa, SECONDED by Carter that the bid of $5,380.00 be awarded to Sommer Construction of Nampa subject to the receipt of Mr. Miles' $600.00 and the easement from the Salvation Army. (VARIANCE REQUEST - BYRLE MORSE) MOTION CARRIED The Mayor explained that a request was made by Byrle Morse to the Planning Commission for a variance on the 200 Block of Joliet Street. Members of the City Council went out to see the site as was decided at the last City Council Meeting. The Mayor asked the City Council if they were ready to make a decision in regards to this variance. Much discussion followed revolving around the fact that the area was too small to be platted, if the City Council required pavement, the drainage would become a problem, and the fact that curb and gutter would be an improvement in the area. MOVED by Gamboa, SECONDED by Banks that the City Council follow the recommendation of the Planning Commission and grant the variance with the stipulation that curb, gutter, and sidewalks be required. The Mayor called for a roll call vote. Those voting yes: Gamboa, Dakan, Williams, and Banks. Those voting no: Carter and McCloskey. (BEER LICENSE - JEFF TAGGERT AND JOHN EKBERG) MOTION CARRIED The Mayor presented this application for a new beer license submitted by Jeff Taggert and John Ekberg who were in the process of purchasing Mr. Bud's Tavern at 112 West Aven. The Mayor read a letter from the Chief of Police recommending that approval be given to Jeff Taggert and John Ekberg for the transfer of the 1975 Beer License to their names, as well as approval for the 1976 Beer License for Mr. Bud's Tavern. The application papers were in order and the fee paid to the City Clerk. MOVED by Carter, SECONDED by Banks that the application for a Beer License in the name of Jeff Taggert and John Ekberg doing business at Mr. Bud's Tavern be approved and the City Clerk instructed to issue the license. (BID OPENING - BACKHOE FOR CEMETERY) MOTION CARRIED The Mayor asked the City Engineer, Mr. Lewis, to open the bids for the backhoe for the Cemetery. Mr. Lewis opened the bids as follows: 1. G. K. Machinery of Boise Total bid: $19,400 less trade in of $6,700 leaving a net price of $12,700. Time required for delivery after award was fifteen days. 2. Cesco of Boise Total bid: $16,164.69 less trade in of $500.00 leaving a net price of $15,664.69. Time required for delivery after award was fifteen to thirty days. Alternate bid from Cesco of Boise Book 16 Page 245 Total bid -: $13,271.60 less trade in of $500.00. Net Price was $12,771.60. 3. West Gemco of Caldwell Total bid: $18,722.96 less trade in of $6,548.18 making a net price of $12,174.78. Time required for delivery after award was sixty days or less. 4. Nampa ford Tractor Sales of Nampa - two bids submitted. Total bid: (1) $17,767.00 with trade in of $4,255.00 making a net price of $13,512.00. Time required for delivery after award was 120 days. (2) $19,730.00 with trade in of $4,500.00 making a -net price of $15,230.00. Time required for delivery after award was 120 days. 5. Treasure Valley Equipment Company of Nampa Total bid: $18,348.00 with trade in of $7,148.00 making a net price of $11,200.00. Time required for delivery after award was immediately. MOVED by McCluskey, SECONDED by Carter that the bids be taken under consideration by the City Engineer and that subject to his approval along with Mr. Cooper's and Mr. Kinney's approval, the bid be awarded to the lowest bidder most nearly meeting the specifications. MOTION CARRIED - (AUTHORIZE $1,000 DEDUCTIBLE ON CITY FIRE INSURANCE) MOVED by McCluskey, SECONDED by Gamboa that authorization be given to a $1,000 deductible on all City Fire Insurance. (LETTER REGARDING GRANT TO THE CALDWELL PUBLIC LIBRARY) MOTION CARRIED The Mayor read the following letter addressed to the Caldwell Library Board in care of Mayor Robert E. Pasley The Whittenberger foundation has approved a grant to the Caldwell Public Library in sum of $32,497.80. The presentation of the check for this amount will be made on December 22, 1975, at a luncheon meeting at The Castle, 3719 Cleveland Boulevard, Caldwell, Idaho, at 12:15 o'clock p.m. We would hope that you could be personally present at this luncheon meeting. If not, please advise us who the representative from the Library will be. Yours very truly, THE WHITTENBERGER FOUNDATION By s/s Dean E. Miller, Secretary The Mayor expressed appreciation for this Grant to the Caldwell Public Library in behalf of the City of Caldwell. (INDEMNITY AGREEMENT - BEVERLY SPENCER) The Mayor asked that Councilman Dakan look at this Agreement Book 16 Page 246 to determine whether it was in order. Councilman Dakan stated that the Indemnity Agreement was in order. MOVED by Dakan, SECONDED by Carter that the Indemnity Agreement for the burial of Beverly Spencer in Block No. 6, Lot No. 5, Space 6 and signed by Bert Spencer be accepted. (LETTER OF RESIGNATION - JOHN HOLLAND) MOTION CARRIED The Mayor read a letter of resignation from John Holland, the City Treasurer. The Mayor stated that the City had appreciated his work as the City Treasurer. (BILL NO. 21, ORDINANCE NO. 1368 - POOL LICENSE CHARGE CHANGED) The Mayor explained that the present Ordinance regarding the annual fee for billiard, pool or bagatelle hall was established at $60.00 whether the pool or billiard room has one or one hundred tables. It was suggested that the fee be lowered to $50.00 and then charge $5.00 per table. The City Attorney drew up an Ordinance to this effect. Councilman Banks read the Ordinance as follows? AN ORDINANCE TO AMEND TITLE 4, CHAPTER 13, SECTION 2, OF THE MUNICIPAL CODE OF THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO, BY CHANGING THE ANNUAL FEE OF A BILLIARD, POOL OR BAGATELLE,HALL FROM SIXTY DOLLARS ($60.00) TO FIFTY DOLLARS .($50.00) AND PROVIDE AN ADDITIONAL FIVE DOLLAR ($5.00) FEE FOR EACH BILLIARD OR POOL TABLE IN USE IN SAID HALL; REPEALING ALL PROVISIONS AND SECTIONS INCONSISTENT THEREWITH; AND PROVIDING FOR THIS ORDINANCE TO TAKE EFFECT AFTER ITS PASSAGE, APPROVAL AND PUBLICATION ACCORDING TO LAW. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO: SECTION 1. That Section 4 -13 -2 of the Municipal Code of the City of Caldwell be amended to read as follows: 4 -13 -2: FEES: Before a license shall be issued to operate or „open a billiards pool, or bagatelle hall or card room the person, partnership, association or corpo- ration, as the case may be, shall pay to the Clerk a license fee as. follows: (A) An annual fee of sixty dollars ($60.00) for a card room. (B) An annual fee of sixty fifty dollars ($60790) ($50.00) for a billiard, pool or bagatelle hall - together with a fee of five dollars ($5.00) for each billiard or pool table_ on the premises Said license shall expire on the last day of each calendar year. The license issued by virtue of this Chapter shall be nontransferable. SECTION 2. All ordinances or parts of ordinances inconsistent herewith are hereby repealed. SECTION 3. This ordinance shall be in full force and effect from and after its passage, approval and publication according to law. Councilman Banks agreed to sponsor this Ordinance. Book. 16 Page 24.7 It was then MOVED by Banks, SECONDED by Dakan to suspend the rule requiring the reading of a bill three separate days and that Bill No. 21 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, McCluskey, and Williams. Those voting no: none. MOTION CARRIED 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 Dakan that Bill No. 21 be passed and entitled Ordinance No. 1368. The Mayor called for a roll call vote. Those voting yes: Banks, Gamboa, Dakan, Carter, McCluskey, and Williams. Those voting no: none. MOTION CARRIED The City Attorney suggested that this Ordinance not be published until January 3, 1976, so that the new ruling on fees would not be in effect until after the first of the year. (CITY HALL CLOSED FOR CHRISTMAS) The Mayor announced that the City Hall would be closed the Friday after Christmas, but it would be open the Friday after New Years. (ACCEPTANCE OF EASEMENT - CHARLES AND -EDNA TOW) The City Engineer, Mr. Lewis, presented this easement which was a easement from Charles Tow and Edna Tow. Mr. Lewis recommended that this easement be accepted. MOVED by Dakan, SECONDED by Gamboa that this easement from Charles and Edna Tow be accepted and the Clerk instructed to record same. MOTION CARRIED (LETTER AUTHORIZATION) The Mayor said that he would like to read a letter to the City Council and ask their approval to send the letter. This letter was suggested by the Army Corps of Engineers to be sent by the City of Caldwell to the Board of Directors of the Riverside Irrigation Company. The letter was stating the City of Caldwell's interest in discharging treated waste water into the Riverside Canal as was discussed previously. The letter further stated that it was being considered as it would be a considerable savings to the City of Caldwell and that the City would not consider — such a procedure if it did not consider it to be perfectly safe. The City of Caldwell would assume full liability for any problems caused by discharging into this canal. The letter further explained what the City of Caldwell's responsibilities would be and what would be expected from the Riverside Irrigation Company. MOVED by McCluskey, SECONDED by Gamboa that this letter be sent to the Board of Directors of the Riverside Irrigation Company. MOT ION CARRIED (FINANCIAL STATEMENT) Councilwoman Williams reported that there was claims in the Book 16 Page 248 amount of $28,637.97 for General, Special and Water and Sewer; Revenue Sharing was $6,233.47; and Registered Warrants was $34.34 making a total, of .$34,905.78. MOVED by Williams, SECONDED by McCluskey that these claims be held .in,the Clerk"s warrants issued after the January 6, 197 ;meeting:. MOTION CARRIED (OPEN HOUSE - JAmiz -ay 6th MEETING) Councilwoman Williams said that there would be an Open House for the new Council Members and their families after the Regular Council Meeting,of January 6,.1976.; There being no further business, the meeting was adjourned at 8:30 P.M. APPROVED AS writt THIS 6th DAY OF Janu ary , 1976. Mayor Zz- Councilman 1. 4 2 ouncilman ATTEST: City Clerk