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1971-01-18city council minutes
480 Shop License be approved and that the license be issued. A vote was taken and the motion carried, j Association of Idaho Cities - District #3 meeting announced Mayor Carpenter announced a meeting for the following night of the Southwestern District of the Association of Idaho Cities to be held in Nampa. He stated that very important subjects would be discussed at this meeting and he asked those who planned to attend to meet at the City Hall at about 7;00 p.m. Consideration of Proposed Ordinance on burning regulations tabled Mayor Carpenter then referred to a Proposed Ordinance on burning regulations; conies of which had been previously presented to the Council. He commented in that the Proposed Ordinance had been received from the Association of Idaho Cities and he inquired as to whether or not those of the Council had had an opportunity to study the ordinance sufficiently to consider action at this meeting, The Mayor stated furthe that he had received the thinking of the Building Inspector on the proposal but hadn't as yet received the comments of the Fire Chief; however, he doubted if it was necessary to rush into anything as he was sure the controls the City now have were a little more stringent than those in the proposed ordinance. It was then agreed that the matter should be tabled until the next meeting for further study and perhaps the Building Official, Fire Chief and City Attorney could present the Council with their comments at that time. Bills for End- December It was moved by Councilman Martin, seconded by Councilman Keys, that the warrants for claims and payrolls be approved as per list and filed in the City Clerk's office, Such warrants being in the totals an follows Warrant Numbers 1046 thru 1081, General rand------------- --- -- --- ----- --- ------- -- - - -- $19,248.91. Warrant Numbers 578 thru 594, Water & Sewer Fund: Water-------------- ---------- - ----- 711,15 Water, Capital--------------- - - - - -- 8 Treatment Plant-------------- ---- -- 139.36 Treatment Plant, Capital----- - - - - -- 600.00 Water, General Office-------- - - - - -- 290.00 Sewer Maintenance------------ - - - - -- 1,072.41 Warrant Numbers 1038 thru 1059, Special Funds- Fire------------------------- - - ---- 865.03 Cemetery ----------- --- ------- - ----- 11.90 Street -------------- --- -- --- -- - -- -- 328.52 Armory ----- - - - - - --- - --- --- - - - - - - - - - 120.00 Sanitation Contract---------- - - - - -- 7074.14 Irrigation -------------- --- .-- ------ 6.47 Irrigation, Capital---------- -- ---- 1 000',10 O, . Warrant Numbers 1 thru 60, General Fund payroll------------------------------- --- - -- -- $30,946.01 Warrant Numbers 61 thru 121 Special Fund payroll------ ----- -------------------- - - - - -- 19,242.45 Warrant Numbers 122 thru 149, Water & Sewer ?and payroll------------------------ - - - - -- 8 145.1 6 A vote was taken and the motion carried. It was moved by Councilman Banka, seconded by Councilman Davenport, that the meeting recess until 8:00 P.M. on the 18th day of January, 1971. A vote was taken and t motion carried. The meeting recessed at 960 P.M. /J Mayor ity C e COUNCIL CHAMBERS JANg ARY 18, 1971 :00 P. M. The Council met pursuant to recess and acknowledgement of notice in the following form: We, the undersigned Mayor and Members of the City Council of the City of Caldwell, Idaho, do hereby acknowledge notice of a Recessed meeting of the said City Council to be held in the Council Chambers in the City Hall of Caldwell, Idaho, at the hour of 8*00 P.M. on the 18th day of January, 1971, for the transaction of all business in connection with the following object: New and unfinished business. Witness our signatures this 18th day of January, 1971. Mayor 481 i Counci c ouncilm Councilman i Ccuncilman i Mayor Charles W. Carpenter presidin Upon Roll Call, the following Councilmen answered present: Charles C. Banks, Alfred H. McCloskey, James W. "Bill" Keys, V. Jay Martin, C. A. "Chet" Davenport, and James R. Oaken. variance granted - Dale Sinclaire Mr. Dale Sinclaire was recognized and he told the Council that he resided at 608 Grant Street and would like to build a carport constructed of fiber -glass and in order to have room, it had to come clear to the property line. He also informed the Council that his property borders on the City Park and the carport i would be on this side of his property. Councilman McCluskey stated that he had been contacted by the Building Inspector and had looked at the property. He said he could see no objection to this and that it wouldn't out off anyone's view or anything. Mr. Dufur, City Building Inspector, stated that he had looked at this with Councilman Martin, and he could see no objection in that no other residence was involved. It was moved by Councilman McCluskey, seconded by Councilman Martin, that a variance be granted to Mr. Sinclaire for the construction of the carport at 608 Grant. A vote was taken and the motion carried. Variance granted for watchman's trailer, conditionally - Jan Kelso Jan Kelso was then recognized by the Council and she gave her address as Route ,#3, She told the Council that she would like to apply for a variance to move in a watchman's trailer at Wa10 Cleveland Boulevard and said this was the property next to Cox's Generator Repair on Hiway 30, that it was a 1 A acre lot with 20 acres surrounding it so there could be more space if the bi acre wasn't adequate and there was a septic tank and well located there. In answer to the questicn, Mrs. Kelso stated that she had talked to Mr. Dufar and he had asked her to appear before the Council at this meeting. Also, in answer to the question, she Said that she would have a business there and would be out of town for several days of the month and the property apparently needs watching as there apparently had been quite a number of breakins. She said the business she would have would be ceramics, the property was in a commercial zone and she would be leasing although she hadn't yet and wouldn't unless she could get a variance. Mrs. Kelso also told the Council that forty feet of sewer would have to be put in and the electrical work would depend upon the placement of the trailer. In answer to the question, Mrs. stated that the building had been used as a Volkswagon garage in the living room and dining room and it would have to be cleaned up thoroughly. Mayor Carpenter informed Mrs. Kelso that usually a variance would be considered after a business had been established in order to determine whether or not there was a need for such a variance. Mr. Kelso informed the Council that they had looked at the building and he stated that he would say that it had been vandalized as there were holes kicked in the walls, someone had gotten in there with spray cans of paint and there were a number of peace cymbals, etc.; that they had talked to the owner and he had informed them of different acts of vandalism. He also pointed out that with their type of business, everything was breakable and said that, if someone got in, they could really create havoc. After some discussion, it was moved by Councilman Dakan that a variance be granted for a night watcbman's trailer for one year on this property subject to Mrs. Kelso obtaining a lease on the property and the business becomming established. The motion was seconded by Councilman McCluskey. A vote was taken and the motion carried. Drawing of Ordinance authorized - junk vehicles Mr. Lonnie Spath then addressed the Mayor and Council and referred to a previous consideration of the Model Ordinance on junk vehicles and a waiting period.in order to determine where to store the cars. Mr. Spath stated that he had a letter from Lyle Taylor at Middleton and he said that for impounding and towing there would be a charge of $10.00 and storage per day would be $2.00; that he had this fenced, it would be lighted, and there would be someone there practically at all times. Mr. Spath then commented in 482 that as soon as they could get the Ordinance passed, they were in a position to start moving cars. In answer to questions, Mr. Spath stated that the owner of the car would have to pay for the tow- ing and storing and, if not paid, the car would be put up for bid and published in the paper; that should no bids be received, Mr. Taylor would take the car, He said there was no obligation so far as the City was concerned and it was hoped that payment for advertising would come from funds when the car was sold and, if anyone came back on them, they could show where the expenses had gone on the car and the Commission would receive records on this. In answer to the question by the City Clerk as to the handling of situations where a car had been sold and was later claimed by the oamer with the selling price being greater than the costs involved; in that event, was not the owner entitled to receive these monies; the City Attorney stated that ordinarily this would be so, Mr. Spath stated that this was why records would be kept on everything that exceeds the expenses involved. Councilman Martin commented in that he didn't know how many of these cars there were around but said that he had understood that in the City of Nampa, during one year's time, nearly 500 had been picked up and, at $2.00 per day for holding the cars until they could be packaged or auctioned off, it looked like dynamite to him. Mr. Spath said that this was one of the reasons the fees were set so high because most of them were going to be nothing but junk and there would be a lot of them where Mr. Taylor wouldn't recover what expense he does have on them and the ones they would be able to sell, they would have something to go on on in expense basis. Councilman Martin pointed out, however, that the City Attorney had Just told them that if they sol the car and anything was realized over expenses, the owner was entitled to it. He then inquired if they hadn't been able to find any location on City property, and, Mr. Spath stated, "nothing suitable ". Councilman Martin stated that he wanted it understood that he was not against resolving this matter as he was the one who had brought the Model Ordinance to the Council but the $2.00 per day holding fee disturbed him and entering into a Contract with a private individual disturbed him; that he would still rather, if there was any way to do it, handle it on City property with the City organisation. Councilman Davenport commented in that this also disturbed him in that they would be adopting an ordinance and then authorizing an outside individual to do this, outside of any City regulations or with- out being under any supervision of any City Official, and, he wondered if they were acting within their legal bounds in doing this. The City Attorney referred to the previous consideration of the Council when the City Engineer had reported that the City didn't have any place to store the vehicles; that apparently the Committee bad offered this as a solution. He pointed out the statutes with regard to unclaimed vehicles, the selling at public auction, and the giving of a Bill of Sale to the vehicle at that time and he said that he thought the main thing that had been started here was that, through the Sanitation and Beautification Commission, to rid the City of these vehicles with the ideal situation being for the City to do it and the problem was that the City had no funds to administer anything and no place to store the vehicles. In answer to the question by the City Clerk then that it was understood that none of the funds would be handled through the City, the City Attorney stated that it was his understanding that the Comm- ission wouldn't be looking to the City for anything and he stated further that he thought it should be in the agreement with Mr. Taylor that the City wouldn't be liable for anything. After some further discussion; it was moved by Councilman McCluskey, seconded by Councilman Banks that the City Attorney be instructed to revise the proposed Ordinance for the control of junk cars. A vote was taken and the motion carried. It was suggested by Mayor Carpenter that an agreement be worked out with Mr. Taylor in order for him to know what his responsibilities were and the City did also. It was then moved by Councilman Banks, seconded by Councilman McCluskey, that a suitable agree- ment be drawn with Mr. Taylor. A vote was taken and the motion carried. 483 Letter read requesting annexation.- Green Acres Addition No. 2 The following letter requesting annexation of Green Acres Addition No. 2 into the City of Caldwell was read: January 18, 1971 The Hon. Mayor and City Council City Hall Caldwell, Idaho 83605 Dear Sirs: This is a request for the tract of land recorded as Greeri Acres, Addition No. 2, to Caldwell, Idaho, to be annexed into the City of Caldwell. The Official Plat of Green Acres Addition No. 2 is on file in Book No, 9, at Page 21, in the Office of the Recorder of Canyon County, Idaho. Very truly yours, /s/ Calvin A. Blood CALVIN BLOOD, Owner City Engineer Mel Lewis pointed out the location of the property and told the Council that the property had been platted with the idea of having it annexed. He said it would be contiguous to the City and he would suggest that only Green Acres Addition No. 2 be annexed and said there would be an area out- side of the City and between Green Acres Addition No. 2 and the City Limits for a while. Mr. Lewis stated that there would be problems in getting the sewer through and there was water on Illinois which would have to go under the canal but this would be the only problem. In answer to the question, the City Engineer stated that he was sure they planned to put in septic tanks, at least to start; and, he said those who were in a ttendance at the Planning Commission meeting were aware of their stiffening attitude.in not allowing any more septic tanks than were absolutely necessary and to work towards actually sewering these additions that were being brought before the Council. Mr. Lewis stated, however, that he thought Mr. Carl Hanson -s ultimate idea was to connect the houses to the sewer when the sewer was available. It was moved by Councilman Keys, seconded by Councilman McCluekey, that the City Attorney be instructed to draw an Ordinance declaring the intent of the City for annexation of the property and that it be presented for consideration at the next meeting and subject to a commitment from Mr. Hanson to connect properties to the sewers when available. A vote was taken and the motion carried. The City Attorney pointed out that any commitment would not go into the ordinance but would need to be worked out between the City Engineer and Mr. Hanson. Ordinance to vacate a portion of Sixth Avenue considered With reference to an Ordinance vacating a portion of Sixth Avenue, Mayor Carpenter mentioned that one of the conditions was for the deeding of some other property to the City for additional street right - of -ways in order that it could be feasible for the development of the area and it was confirmed by the City Engineer that these deeds were at hand and present at this meeting. Bill No. 4 - Ordinance No. 1208 Councilman Keys introduced Bill No. 4, entitled: AN ORDINANCE RECITING THE PASSAGE, APPROVAL AND PUBLICATION OF ORDINANCE NO. 1206; DETERMINING THAT NO 0 IONS TO THE VACATION OF A PORTION OF SIXTH AVENUE WITHIN THE CITY OF CALBWELL, C7XYOK COUNTY, IDAHO, EIGHTY FEET IN WIDTH, DESCRIBED AS FOLL01i3, TO WIT: BEGINNING at the South corner of Lot 28 of the First Amended Plat of Blocks 58 and 59 of Golden Gate Addition to the City of Caldwell, Idaho, as of record and on file in the office of the Recorder of Canyon County, Idaho; thence Northeasterly along the southeasterly boundary of said Lot 28, 120.00 feet, to the East corner of said Lot 28; thence Southeasterly, 80.00 feet to a point in the Northwesterly boundary of Lot 29 of said First Amended Plat, which is 8.00 feet Southwesterly from the North corner of said Lot 29; thence Southwesterly along the Northwesterly boundary of said Lot 29, 120.00 feet to the West corner of said Lot 29; thence Northwesterly 80.00 feet, to the POINT OF BEGINNING. ALSO: BEGINNING at the South corner of Lot 12 of the First Amended Plat of Blocks 58 and 59 of Golden Gate Addition to the City of Caldwell, Idaho as of record and on file in the office of the Recorder of Canyon County, Idaho; thence Northeasterly along the South- easterly boundary of said Lot 12, 110.00 feet to a point which is 10.00 feet South- westerly of the E corner of said Lot 12; thence Southeasterly 80.00 feet to a point in the Northwesterly boundary of Lot 13 of said First Amended Plat, which is 0.57 feet Southwesterly from the North corner of said Lot 13; thence Southwesterly along the ass Northwesterly boundary of said Lot 13, 110.00 feet to a point 8.00 feet Northeasterly from the West corner of said Lot 13, thence Northwesterly 80.00 feet, to the TRUE POINT OF BEGINNING, HAVE BEEN MADE OR FILED AND THAT NO CLAIM OR CLAIMS FOR DAMA;ES WHICH WOULD BE SUSTAINED HY REASON THEREOF HAVE BEEN FI EDt DETERMINING THAT THE VACATION OF A PORTION OF SAID SIXTH AVENUE, HEREINABOVE DESCRIBED IN THIS CAPTION, IS TO THE BEST INTEREST AND ADVANTAGE OF THE CITY Or CALDWELL, ITS CITIZENS AND PROPERTY OWNER DETERMINING THAT NO DAMAGE WILL BE SUSTAINED BY ANY CITIZEN OR PROPERTY OWNER BY REASON OF THE VACATION OF A PORTION OF SAID SIXTH AVENUE ABOVE DESCRIBED IN THIS CAPTION; PROVIDING THAT THE TITLE TO SAID PORTION i , OF STREET HMMA30VE DESCRIBED AS VACATED SHALL REVERT TO THE PERSONS DEDICATING THE SAME OR TH'nIR SUCC- ESORS, HEIRS AND ASSIGNS, SUBJECT TO THE CITY OF CALDWELL RESERVING UNTO ITSELF AND TO ALL UTILITY COMPANIES ALL EXISTING EASEMENT RIGHTS IN THE AREA C04PRISIM SEWER LINES, POWER LINES, TELEPHONE LINES AND GAS LINES, TOGETHER WITH ACCESS TO AND FROM SAID AREA TO MAINTAIN, REPAIR OR REPLACE THE SAME, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH AMD PROVIDING FOR THE PUBLICATION OF THIS ORDINANCE AND ITS EFFECT. which was read for the first time and the Council proceeded to consideration of Bill No. 4. It was moved by Councilman Keys, seconded by Councilman McCluskey, that the rules requiring the reading of a Bill on three separate days be suspended and that Bill No, 4 be read the second time by title and the third time in fall, section by section. The Mayor directed the Clerk to call the roll on the above motion with the foll- owing result: Those voting in the affirmative were: Banks, McCloskey, Keys, Martin, Davenport and Dakan. Negative votes: none. Absent and not voting: none. The Mayor declared the motion had passed by the nec- essary one -half plus one of the members of the full Council and directed the Clerk to read Bill No. 4 the second time by title and the third time in full, section by section. The Clerk read the Bill as directed, It was moved by Councilman Keys, seconded by Councilman McCluskey, that Bill No. 4 pass. The Mayor directed the Clerk to call the roll on the above motion which resulted as follows: Those voting in the affirmative were: Banks, McCloskey, Keys, Martin, Davenport and Dakan. Negative votes: none. Absent and not voting: none. Thereupon, the Mayor declared that Bill No. 4 had passed and the Mayor in open session of the Council duly signed and approved the Bill and the Clerk duly signed and attested the same which became Ordinance No. 1208. The Mayor directed the Clerk to make proper entry of the same and to cause Ordinance No. 1208 to be published in the News - Tribune, the official newspaper of the City of Caldwell, Idaho. Resolution No. 1 Councilman Martin sponsored the following Resolution and moved its passages RESOLUTION N0. 1 BY COUNCILMAN MARTIN BE IT RESOLVO By the Mayor and City Council of the City of Caldwell, Idaho, as follows: WHEREAS, There is an immediate and pressing need of raising funds to defray the ordinary and necessary expenses of the City of Caldwell, Idaho, authorized by the general laws of the State of Idaho, I and WHEREAS, It is necessary to borrow money in anticipation of taxes for the fiscal year 1971, in order to raise funds for carrying on the business of said City until the taxes levied for said fiscal year have been collected, and WHEREAS, Authority is given for the creation of such indebtedness by provisions of Chapter 31, Title 63, Idaho Code, and WHEREAS, the taxes for the current fiscal year have not yet been levied and completed, and WHEREAS, The taxes levied in the previous fiscal year of 1970 was a sum in excess of $561 exclusive of the taxes levied for the purpose of paying the principal of and interest on the outstanding bonded indebtedness of the City, and WHEREAS, It appears to this Council to be expedient and in the best interest of the City of Caldwe that said City borrow the sum of $275,000.00, for the purpose aforesaid and issue its tax anticipation notes in said amount, and that said amount, together with all other outstanding tax anticipation notes issued in anticipation of taxes for the current year, will not be in excess of seventy -five (751) percent of the taxes levied by the said City for the previous fiscal year, not in excess of any other limitations on the indebtedness of said City provided by the Constitution and Laws cf the State of Idaho. NOW, THEREFORE, BE IT RESOLVED, That the City of Caldwell, State of Idaho, for the purpose of providing funds in anticipation of the collection of taxes of the current fiscal year 1971, exclusive of 485 r taxes required to be raised to pay the principal of the outstanding bonded indebtedness of said City, borrow the sum of $275,000,00, and for that purpose, and as evidence of such indebtedness, issue its twenty one (21) tax anticipation notes therefor in the aggregate principal amount of $275,000.00, all to be dated on the date of execution by the Mayor and City Clark, to be numbered from one (1) to twenty. -one (21), both inclusive, said notes to be in the following denominations;- Notes numbered one (1) to five (5), both inclusive, in the denomination of $$,000.00 each, and Notes numbered from six (6) to twelve (12), both inclusive, in the denomination of $10,000.00 each, and Notes numbered from thirteen (13) to twenty -one (21) both inciusive, in the denomination of $20,000.00, and Each note to bear interest from date of negotiation at a rate not in excess of six (6$) percent per annum, payable at maturity, said notes to become due and payable on or before one year after date of execution by the Mayor and City Clerk. The principal and interest of said notes shall be payable at the Each of said notes shall be signed and executed by the Mayor of the City of Caldwell, attested by the City Clerk, countersigned oy the City Treasurer, sealed with the Corporate Seal of said City, and shall be in substantially the following form, words and figures (except as to number and denomination), to wit: UNITED STATES OF AMERICA STATE OF IDAHO CITY OF CALDWELL CITY OF CALDWELL NEGOTIABLE TAX ANTICIPATION NOTE Series of ,1971 Number $ CITY OF CALDWELL, In the State of Idaho, hereby acknowledges itself to be indebted to, and for value received, hereby promises to pay to the bearer hereof the am of DOLLARS in lawful money of the United States of America, for the payment of public debts, notes numbered from one (1) to twenty -one (21), inclusive, to be payable on or before the day of ,197 , at the banking house of Caldwell. Idaho, terest reon at the rate of , from from date until paid, interest payable at maturity. This note is one of a series of twenty -one (21) notes known as City of Caldwell Negotiable Tax Anticipation Notes, Series of , 1971, in the aggregate amount of $275000.00. This note and all other notes of said series are issued in anticipation of the collection of taxes for the fiscal year 1971, and said taxes are hereby irrevocably pledged to the payment of this note and all other notes of said series, and the principal and interest thereof. To provide for the payments of this and the other notes of said series, there has been created by the resolution of the City Council of the City of Caldwell providing for the issuance of said anticipation notes, a special fund to be known as the "Tax Anticipation Note Redemption Fund," as provided by law. It is hereby certified, recited and declared that the current indebtedness of said City of Caldwell hereby incurred, is not in excess of seventy -five (75 %) percent of the amount of taxes levied by said City of Caldwell for the previous fiscal year, and that the taxes levied for the current fiscal year have not yet been paid, and that said indebtedness of said City does not exceed any other limitations on the indebtedness of said City, and said indebtedness was and is contracted for the purpose for which the taxes for the current fiscal year 1971 are levied. It is further certified, recited and declared that all conditions, acts and things essential to the validity of this note exist, have happened, and have been done, and that every requirement of law affect ing the issue hereof has been duly complied with, and that this note is within every debt and other limit prescribed by the Constitution and laws of the State of Idaho, and that the full faith and credit of said City of Caldwell are hereby irrevocably pledged to the punctual payment of the principal and interest of this note according to its term. IN WITNESS WHEREOF, CITY OF CALDWELL, STATE OF IDAHO, has caused this note to be executed and signed on its behalf by the Mayor of said City, countersigned by its Treasurer, attested by its City Clerk, and its corporate seal to be hereunto affixed, as of the day of ,1971. ATTEST: Mayor of the City of Caldwell, Idaho City Clerk of the City cf Caldwell, Idaho City Treasurer of the City of dwe , of 486 There shall be endorsed on each of said notes the following: "I hereby certify that the within note is issued in accordance with law and is not in excess of seventy -five percent (75 %) of the taxes levied by said City of Caldwell for the current fiscal year, 1 971, and not yet collected by said City, exclusive of taxes required to be raised to pay the principal of the outstanding bonded indebtedness of said City of Caldwell, Idaho. Clerk of the City of Caldwell, Idaho "I hereby certify that I have examined the proceedings had by the City Council of the City of Caldwell, Idaho, authorizing the foregoing note and find the same to be legal and that said note was lawfully made and issued. City Attorney of the City of Caldwell, Idaho AND BE IT FURTHER RESOLVED, That all the covenants, statements, representations and agreements contained in said notes are hereby adopted as the covenants, statements, representations and agreements of the City of Caldwell, State of Idaho, and BE IT FURTHER RESOLVED, That for the payment of said tax anticipation notes at maturity, there hereby is created a special fund to be known a s the '"Pax Anticipation Note Redemption Fund" until such time as the funds accumulated therein shall be sufficient to pay all such tar. anticipation notes outstanding, together with interest thereon at maturity, and WHEREAS, Various banking institutions may wish to purchase said notes at par and accrued interest as and when the same may be legally issued and delivered. NOW, THEREFORE, BE IT FURTHER RESOLVED, That the Mayor and City Clerk and City Treasurer, as the cause may be, are hereby authorized and directed to negotiate, issue and deliver said notes to any banking institution authorized to do business within the State of Idaho, at such times and in such amounts as in the opinion of the Mayor and City Clerk may he expedient and at an interest rate or rates not to exceed six percent (68) per annum and the proper officials of the City of Caldwell, Idaho, are hereby authorized and directed to sign, certify, seal, and execute each of said notes at the time of negotiation and issue there- of. BE IT FURTHER RESOLVED, That the proceeds of the sale of said notes shall be used for the purposes and only for the purposes herein stated and for w hich such taxes, the collection of which is anticipated, are to be levied, and BE IT FURTHER RESOLVED, That this resolution shall take effect and be in full force immediately upon its passage and approval. The motion for passage was seconded by Councilman Banks. A roll call vote was called for when the following Councilmen voted in the affirmative: Banks, McCloskey, Keys, Martin, Davenport and Dakan. Negative votesr none. Absent and not voting: none. Mayor Carpenter declared that Resolution No. 1 had passed. Report on financial condition of City at end of 1970 fiscal Year presented Councilman Martin then presented a comparison for a three year period of "money borrowed against Taxes ", "Interest rates on anticipation notes ", "money invested ", and "money in banks ". His report was as followse COMPARISON SCHEDULE FOR THE YEARS, 1968 1969 and 1970 for Monies Borrowed, on hand and Invested. MONEY BORKWED AGAINST TARES, 1968 1969 1970 General Fund $120,000,00 $ 98,500.00 $ 23,000,00 Fire Fund 49,500.00 40,000.00 32,500.00 Cemetery 2,000.00 4,500.00 2,000.00 Library 8,492.84 6,677.00 5,132.93 Street 44,500.00 36 17 00.00 $224,492.84 $186,177.00 $ 80,132.93 Irrigation 9,250.00 10,500.00 6,000.eo TOTAL MONEY BORROWED $233,742.84 $196,677.00 $ 86,132.93 INTEREST RATE CN ANTICIPATION NOTES 2.95% 3.45% 4.4% 487 MONEY INVESTED I MONEY IN BANKS $213,590.84 $311,008.49 $306,982.51 $443,592.67 $389,065.23 $404,621.01 Councilman Martin then stated that those involved in decisions on investments of the city funds had done a very good job for the City and he said that, unless the Finance Committee had some other ideas, he thought they would do well to follow the judgement of those City Officials who had been responsible. Mr. Martin then presented the following statement on Bank Accounts: We have earned $13,655.69 this year in interest on our surplus monies. This money is invested in Farm Notes Treasury Notes -- Savings Certificates and loans to the City. With the exception of approximately $5,000.00 we have loaned to the library at 3% - -we are earning interest at rates from 4.4% to 8.625% on this surplus money. We have $150,000,00 in Treasury Notes which will mature Nay 15th, 1971. The interest rate on these notes is 5�L%. It would be my suggestion that we purchase Savings Certificates with this money as we can earn 6% on a $lOO,000.0C investment and then too the money is left with the Local banks. Other than this suggestion, I think we can continue along the same lines of investment for the coming year of 1971, unless there are some suggestions from the finance committee of some way we might make investments that would show better returns. I would be happy to go over this report with you or any of the Finance committee if this report is not self - explanatory. I am also attaching a comparison figure of bank accounts. Alta 1- 15 -71. BANK ACCOUNTS FOR THE YEAR JANUARY 1st, 1970 through DECEMBER 31st, 1970 IDAHO FIRST NATIONAL BANK OF IDAHO FIRST SECURITY IDAHO BANK AND TRUST January $ 92,588.36 $218,024.62 $ 14,543.58 February 92,357.82 226,817.41 16,160.01 March 101,417.40 219,775.11 15,716.78 April 128,463.60 182,729.15 13,147.58 May 139,1752.44 179,688.24 15,340.94 June 137,659.09 142,384 39 24,657.30 July 109,319.99 202,138.08 19,082.99 August 107,648.09 163,005.58 13,494.09 September 122,262.11 102,908.74 17,388.09 $ 4,154.87 October 99,856.20 80,857.96 13,879.71 4,193.69 November 123,121.91 83,412 16,569.99 4,250.45 December 130,083.59 247,349.34 21,122.47 5,494.61 AVERAGE PER MCNTffiy BAiANCE IN ALL BANKS $307,358 AVERAGE PER BANK $115,319.22 $170,757.60 $ 16,758.63 $ 4,523.40 Councilman Martin then commented in that the City was in good condition financially and the financial affairs had been well handled for another year. Negotiations to be entered into on swimming pool study - CH Councilman Banks reported on a meeting of the Recreation Board and said they had reviewed the proposals by the Consulting Firms in regards to doing a study on the local swimming pool and to bring it up to the standards set by the State Health Department. He reported that they had budgeted $2,50o.O0 to do the study and with the proposals there were no bids but just the names of a number of Companies that would like to do this work; that after careful consideration of these by the City Engineer and the members of the Planning Board, it had been voted unanimously that it be recommended to the City Council that they negotiate for the services of CH to do the study. Councilman Banks then moved that the Council involve themselves in this negotiation. The motion was seconded by Councilman Dakan. A vote was taken and the motion carried. Preliminary Plat of Moses Replat of Block 3 Mountain View Subdivision. No. 2 accepted City Engineer Mel Lewis then presented a preliminary Plat of Moses Replat of Block 3 Mountain View Subdivision No. 2 for consideration by the Council. He reported that the preliminary Plat had been approved by the Planning Commission and said that he, along with the Planning Commission would recommend that the preliminary Plat be accepted. It was moved by Councilman Banks, seconded by Councilman McCluskey, that the preliminary Plat of Moses Replat of Block 3 of Mountain View Subdivision No. 2 be accepted. A vote was taken and the motion carried. Preliminary Plat (unnamed) accepted conditionally The City Engineer then presented a preliminary Plat which he stated was a Subdivision by Wayne Bishop consisting of tan (10) acres located on Canyon Hill between Nixon and Polk. Mr. Lewis told the i Council that the Planning Commission had accepted the preliminary and had recommended it to the Council under these conditions: the streets were not named, and a drainage easement was needed plus arrangements for severing the Plat before building permits were issued. He said he might point out that, in the future, the Planning Commission would like to have more of this information on the Plats before they consider them. 05 Mr. Lewis also informed the Council in that there was one double frontage lot which was identified as Lot 7, that the Ordinance sets forth that there shouldn't be double frontage lots, however, he didn't see any other way to do it and in this instance he would recommend that the variance for the double fronted lot be included in the acceptance3 also, the remainder of Nixon Street would need to be acquired through deed. Ha said the north half had been acquired all the way through but the south half hadn't been acquired as yet and deeds were being prepared for iti that hs would subject the acceptance of the final Plat to the securing of those deeds. Mr. Lewis explained that there should be a drainage easement between lots 7 i and B because the culdesac would not have any drainage without it. He said the lot sizes were all right and also that the lot frontages were all right, but, the thing that was concerning Mr. Bishop was the - re- quirement to sewer this before he builds. Mr. Ronald Blakley addressed the Mayor and Council and said that, at the last Planning Commission meeting, they did indicate that they would recommend that no building be allowed until the property was severed and said this was a change from the previous policy. He stated that he didn't have any argument with the severing of the area but thought it was a definite requirement, however, the problems run into were not only in this subdivision but also in some of the other areas and was the case in the one just approved tonight. He stated that people had acquired land for the purpose of developing on the basis of past policie and the existing sewers were so far awcay from them that it was not practical for them to extend them at thei — own expense. By use of a map, Mr. Blakley indicated the nearest available manhole into which the sewer could be connected into and.said it would take something over a thousand feet of sewer which would need to be inetalled, outside of Mr. Bishop's property line, in crder to connect onto the City's system and, Mr. Blakley commented further in that this would be an expense to Mr. Bishop for other people's sewer lines. Mr. Blakley also pointed out other situations such as in Green Acres Addition No. 2 where he said the nearest manhole was approximately a half a mile away and, he said, the sewer trunk lines did need to be extended and this was a real serious problem but, at the same time, he felt it was a real severe penalty to attach to these people at this time in these developments. Mr. Blakley then stated that he knew Mr. Bishop's re- quest was that he be allowed to at least develop some property with drainage field septic tanks until sewers are available that he can use; that he wants to and plans to sewer the subdivision but until he had an available trunk line, it wasn't practical to do so. Mayor Carpenter informed the Council in that Mr. Bishop had told him that, in order to purchase this property, he had invested somewhere in the neighborhood of $23,000.00 and, if he was not allowed to go ahead with the development, he would be in financial trouble, and, he didn't know ahead of time that this change in policy was going to come about. Mr. Bishop addressed the Mayor and Council and stated that he had had quite a problem in trying to secure this piece of property and had been working on it for the past eight months or so, that he had finalll secured the property with the understanding that no sewer would be required. He said his financing had been worked out with First Federal Savings with the understanding that they would finance the property for him once he was able to build on it, that he had put most of his working capital into this plus all the money he could secure, to buy the property, but couldn't get his working capital back until he was able to develop, Mr. Bishop referred to a discussion he had had with Classic Realty who were developing some pro- perty on Polk and North Indiana and that they thought their sewer would be under construction up there in the next week or ten days and this would put the sewer about six hundred feet closer to his property. He told the Mayor and Council that all he w asking for now was some kind of a provision for him to go ahead and develop his property to a point, until sewer was available and, that as soon as the sewer was available, he planned to hook on to it. Councilman McCluskey stated that from his conversation with Mr. Bishop, he had been given the im- pression that it would be a very short time before he would be able to connect to the sewer. Councilman Banks stated that he was awe he conveyed the feeling of the Planning Commission that was not to work a hardship on people that were developing property but they were worried about property 489 like this going in under septic tanks and then remains under septic tanks for a long time because people are not then willing to connect on when the sewer is available. Mr. Bishop then told the Mayor and Council that be was willing to connect to the sewer when the sewer was available and said he had a contract date of Ebbruary 1st to pay the remainder on the balance on this property and, if he didn't meet that contract, he would have lost everything he had, In further discussion, the City Engineer informed the Council that part of the property would need other consideration which might mean a pumping station somewhere in the area and he told the Council that Mr. Bishop had stated that he all ready had two of these lots spoken for and they were outside of the area that could be sewered by gravity. Mr. Bishop then stated that he had two nice homes that were to go on the rim and these would have to be septic tanks until a pumping plant went in. Councilman Keys spoke regarding the thinking of the City Planning Commission and stated that he was sure they were all aware of the increasing pressure for getting off septic tanks and onto the City sewers but, nevertheless, Mr. Bishop was developing some land and was willing to build on the lots that he could ground his sewer to until such time as the City could get some provision for pumping the rest of it. He said he realized it was pretty expensive for a small area like this and for one man to put in the system for itl that he thought the City needed to accept the plat and give Mr. Bishop permits to build on those lots that can be gravity sewered with his willingness to go ahead and connect to the sewer when that can be gravity severed with his willingness to go ahead and connect to the sewer when available. In answer to the question regarding the two lots which Mr. Bishop had sold and they couldn't be gravity severed, Mr. Bishop stated that he would like to build on them but, if he couldn't get permits to build on them, this would be something else because they would have to be on septic tanks until a pumping station could be made available or something worked out. Councilman Keys then stated that he didn't know if the City could legally prevent the building of homes on these lots but might discourage any building there until something is worked out; that, on the basis of everything talked about here and the hooking to the sewer as soon as it was available, he would move that the preliminary Plat be accepted with the agreement on sewering when available and subject to the other stipulations set forth by the City Engineer. The motion was seconded by Councilman Banks. Councilman Martin inquired of Mr. Bishop if he would be satisfied, at this point in time and with all the problems that are involved, if he could just receive at this time the building permits for the area that could be gravity severed and not build on the two lots that would require a pumping station or other means for sewering. Mr. Bishop answered in that he had no alternative; that he w in the business of building homes and to make money so naturally he was interested in any place where he could build a house, but, he was also willing to cooperate and do what he could. A vote was then taken on the motion and the motion carried. Platting of portion of Cemetery discussed City Engineer Mel Lewis then presented to the Council the need for platting a portion of the Cemetery which he said was just south of the pumphouse and he told the Council that they were in need of additional lots at the Cemetery for burial purposes] that the lots in this plat were the same as the other Iota adjacent to it and the plat had been approved by the Planning Commission although it was unusual for them. Mr. Lewis commented in that this followed a pattern they had somewhat established in making roads that were going to wander through with no outside access except near the building. After some brief discussion] it was moved by Councilman Dakan, seconded by Councilman Banks, that the preliminary Plat be approved. A vote was taken and the motion carried. He- Platting of County Section of Cemetery discussed City Engineer Mel Lewis then explained a proposal for re- platting the County section of the Cemetery to change the alleys for irrigation and to add as many lots as possible. In conjunction with this Mr. Lewis stated that the thought had occurred as to whether this was prime property so far as burials were concerned and, if it was, why were County burials made there. He reported that he had talked to a9© Councilman Dakan and Councilman Keys but hadn't talked to Councilman McCluskey in that he was not in town, and, they had suggested that in re- platting to take a look to standard lots, leaving the bottom section which has no more spaces available and to make the other portion available to the public as prime burial Bites. W. Lewis then explained two methods of platting the lots dependent on whether only flat stones were allowed or whether up -right atones were also allowed. He pointed out the difference in the number of spaces with one method having 365 spaces and the other having 261 spaces available and, he stated that he would seek guidance in how the Council would like for him to proceed although they didn't necessarily need to make a decision on the matter at this meeting, and he suggested that the Council might wish to make these spaces available at an increase in price. He also pointed out that this would mean that the County burials would have to be made in the regular portion of the Cemetery and it had been suggested that in as much as there are no charges for these spaces, the City should be able to determine where they would be located in the Cemetery, and, there was a flat stone area next to North Illinois which hadn't been selling too good and the County burials could be made in this area. The Council seemed in agreement that this matter should be studied until a later meeting and no further action was taken at this time. Deeds for alley accepted City Engineer Mel Lewis presented deeds for the alley in conjunction with the vacation of Sixth kvenue. He stated that he thought they were in order and would recommend that they be accepted and the Clerk be instructed to have them recorded. Also, the Quitclaim Deed for Lewiston Street plus ten feet which the City had requested. The Quitclaim Deeds were set forth as follows: Orville H. Tallmon and Irma C. Tallmon, husband and wife (Inst. No. 654590) Gerald R. Ruddell and Betty Ruddell, husband and wife (Inst. No. 654586) Melva Warren and Ralph Warren, husband and wife (Inst. No. 654587) William H. Horton and Patricia D. Horton, husband and wife (Inst. No. 654568) Orville H. Tallmon and Irma C. Tallman, husband and wife (Inst. No. 654589) It was moved by Councilman Keys, seconded by Councilman McCluskey, that these Quitclaim Deeds be accepted and the Clerk be instructed to record them. A vote was taken and the motion carried. Sewer extensions in various locations within the City discussed and possibility of L.I.D. City Engineer Mel Lewis then presented some thoughts on developing sewer extensions in various locations within the City and told the Council that the thought had occured to him as to why didn't they start working on one large Local Improvement District and get ready what could be gotten ready within a specified length of time and start putting in some of the needed mains. The City Engineer had prepared a map shoving areas that were adjacent to the existing sewer system of the City and were not involved in the study the Council had authorised by CH but would require relatively short main extensions and might require mobilized pumping stations. Be said he had placed on the map those areas where there had been quite a number of requests for sewer and he referred to a previous discussion with the Council by Mr. Southerland. Mr. Lewis explained in that there would be quite a number of problems in establishing a Local Improvement District with one being the amount of engineering needed end, related to this, an estimate of the cost. Also, the problem in securing right -of -way. He said that he thought he would recommend that the areas be established by Petitions if the Council chose to do this or they would need, by some means, to establish the general interest in the area which might be done by letter or through the press. He also pointed out that if this should come before the engineering, it would need to be qualified in that the City would not know the exact cost. Mr. Lewis pointed out those areas which had been discussed and he reviewed those areas which would need pumping stations and he pointed out the need for detailed engineering from a consultant; at least enough to get estimates of cost, exact routings, locations for pumping stations and designs for pumping stations. He said that these engineering costs could eventually go into the cost of the Local Improvement District or Districts, if several were necessary; and, another aspect of it would be to dis- tinguish between costs of mains and costs of laterals with the costs for laterals being an additional ,assessment to those who wished to put them in at the time the Local Improvement District was formed. Mr. Lewis also stated that he didn't know whether there was sufficient money in the water fund to pay for the 491 engineering at this time and pointed out that this would need to be determined in the budgeting process. In answer to the question of wh one pumping station might cost, the City Engineer stated that it would be somewhere between $6,000.00 and $10,000.00. Some discussion followed as to what areas should be considered first and Councilman Martin stated that these areas would constitute a project of such magnitude that they couldn't expect the City's engineering department to undertake it without some assistance in the area of engineering and obtaining easements and the City should be prepared to budget on some basis for those special services. Mr. Lewis stated that he thought the first step would be to discuss the matter with same con- sultant and to discuss with him what his costs might be; then, the matter should come right back before the Council for decisions. In answer to the question by Councilman Martin, the City Engineer said that Mr. Blakley could be considered as a consultant in this matter as well as Mr. Davenport. After some further discussion; it was moved by Councilman Hooluskey, seconded by Councilman Martin, that the City Engineer proceed in contacting consulting engineers in the matter and report back to the Council, A vote was taken and the motion carried. Petitions to be solicited for Petitions for street improvement by L.I.D. The City Engineer then informed the Council in that his department would be enlisting Petitions for street improvements under Local Improvement District and said they would like to know those persons who are interested. He further presented a problem in a proposed Petition in the area of West Hazel Improvement work on downtown streets suggested Councilman Keys suggested some possible work on downtown streets and a ketch up program on what the City now has rather than the promotion of a Local Improvement District in the residential areas this year. The problems existing in the downtown area due to absentee owners were discussed and Councilman Martin suggested a need for having a little more time to work up some costs and then consider this as a project for next year and he suggested a need to stay out of the way of the St Highway Department on the Blaine Street construction this year. It was moved by Councilman Banks that the City Engineer hold up on residential and pursue look- ing into the possibility for street improvements in the downtown area. The motion did not receive a second. It was then suggested that the City Engineer hold up on 1btitions for residential streets for two weeks and see what interest there might be for street improvements from the railroad tracks to Dearborn on South Kimball Avenue. Thank you note read A thank you note was read from Dorothy Martin and family expressing thanks for the beautiful flowers and stating that the Mayor and Council's thoughtfulness was so gratefully appreciated. Request concerning Penny -Wise Parking Lot considered The following letter from Penny -Wise Drugs was read:. Charles Astleford Chief of Police Caldwell, Idaho Dear Chief: The Pennywise Drug has been considering a parking lot on the Crookbam property between Shorb Printing and Gigray, Downen and Morgan building. We feel it would require two considerations from the City of Caldwell ti make it the best possible facility for us and the City. # 1 - Repaving of the alley between 8th & 9th which I have already discussed with the City Engineer, Mr, Mel Lewis. 2 - Making the alley a one -way alley from East to ast, This alley is a constant congestion problem and with another exit from our parking lot to Dearborn and a one -way alley, I feel the traffic flow would be im- proved. Also, some of the large freight rigs that aeliver to us cannot enter from 8th because they cannot make the turn. Ile think we can arrange our lot so they could come thru it from Dearborn as shown on the attached map. The alley resurfacing would be necessary because in crossing from one lot to the other many cars would high center on the alley as it now is. I would propose 492 that the pitch be less than it now is and drain to the center of the allay. I would appreciate an answer as soon as possible as our obtaining the property is contingent on your answers to these proposals. - Thank you, /a/ W. L. Wilson The following letter was read from the Chief of Police: January 18, 1971 Tot The Honorable Mayor and City Council From: The Chief of Police Subject: New Penny ? ^.ise Drug Parking Lot Gentlemen: Penny Wise Drug, Inc. is considering a parking lot on the Crookham property between the Shorb Printing and Gigray, Downen & Morgan buildings. Should this be done, the traffic would enter from Dearborn Street and exit from the alley. I feel by making the alley a one -way allay from East to West it would improve the traffic flow and there would not be the congestion that is caused at the present time. It has also been reported that the large delivery trucks cannot enter from the West as the turn is too sharp. It is my request that this proposal be approved. Sincerely, /s/ Charles W. Astleford ds Charles W. Astleford CWAde Chief of Police It was moved by Councilman McCluskey, seconded by Councilman Davenport, that this request be in- vestigated further before taking action. A vote was taken and the motion carried. Report of Police Department The monthly report from the Police Department for the month of December, 1970, was read for the consideration of the Council and was ordered placed on file. Indemnity Agreement approved (p36) The following Indemnity Agreement was presented for the consideration of the Council: An Indemnity Agreement to indemnify and save harmless the City, its Mayor and Council againat any and all loss, damage, costs and expenses by reason of the use of Space 3 in Lot 106W of Block 67 of Canyon Hill Cemetery from Stella C. Johnson Rowley for the burial of Virginia McKnight. It was moved by Councilman Dakan, seconded by Councilman Banks, that the Indemnity Agreement be approved. A vote was taken and the motion carried. Application for Secondhand Store License approved The following application for a Secondhand Store License w presented for the consideration of the Council with said application having been approved by the Chief of Police and accompanied by a receipt from the Clerk for the required fee. Donald Morrison d/b /a Paul's Used Furniture at 119 So. 7th - Fee, $10.00 It was moved by Councilman Banks, seconded by Councilman McCluskey, that the application of Donald Morrison for a Secondhand Store Store License at 119 So. 7th be approved and the license be issued. A vote was taken and the motion carried. Applications for Bartenders Permits approved Applications for Bartenders Permits from Stella Smallwood, Charlene McCormick, Arthur E. Bock, Irene Sheffield, Howard F. Albin, Gean M. Helson, Mary Ann Sayler, and Daniel L. Coffey were presented for the consideration of the Council. Each application had bean approved by the Chief of Police and was acc- ompanied by a receipt from the Clerk for the required fee. It was moved by Councilman McCluskey, seconded by Councilman Dakan, that the applications for Bartender Permits be approved and the Permits be issued. A vote was taken and the motion carried. Bills - Mid January It was moved by Councilman Martin, seconded by Councilman Keys, that the warrants for claims be approved as per list and filed in the City Clerk's office. Such warrants being in the totals as follows: J� J 493 A vote was taken and the motion carried. It was moved by Councilman Keys, seconded by Councilman McCluskey, that the meeting adjourn. A vote was taken and the motion carried. The meeting adjourned 111 0 P.M. J 0 0 Mayor city ric COUNCIL CHAMBERS JANUARY 28, 3,971 4:oo P. M. The Council met pursuant to call and acknowledgement of notice in the following forms We, the undersigned Fayor and Members of the City Council of the City of Caldwell, Idaho, do bomb; acknowledge notice of a Special Meeting of the said City Council to be held in the Council Chambers in the City Hall of Caldwell, Idaho, at the hour of 4100 P. N. on the 28th day of Jancarp, 1971, for the transact- ion of all business in connection with the following objects Consideration of applications for Catering Permit and for Bear license, and for execution of an Agreement for the ha uling of wet garbage. Witness our signatures this 28th day of January, 1971. \ Nhyor Charles W. Carpenter presiding. \ V I Upon Roll Call, the following Councilmen answered present: Charles C. Banks, Alfred H. McCiuekey, James W. "Bill° Keys, B. Jay Martin, C. A. "Chat" Davenport, and James R. Dakan, Catering Permit approved - Kenneth L. Stover Mayor Carpenter announced the purpose of the call for this special meeting and announced the first order of business as being the consideration of an application from Kenneth L. Stover d/b /a The Oimaron located at 709 Main St, for catering for a Shrine Banquet at Pollard's Restaurant located at 304 N. Kimball Avenue from 6100 p.m. to 9:00 p.m. on the First day of February, 1971. The application had been approved by the Chief of Police and was accompanied by a receipt from the Clark for the required fee. In answer to the question concerning the limited time for approval or disapproval by the Comuaissioner of law Enforcement, Mayor Carpenter told the Cbancil that the Commissioner had been informed and had no objections to the granting of the Permit so far as the Department of Law Enforcement was concerned. It was moved by Councilman Dakan, seconded by Councilman Davenport, that the application of Kenneth L Stover for a Catering Permit at Pollard's Restaurant be approved for the First day of February, 1971 as applied for and that the Permit be issued. A vote was taken and the motion carried. Application for Beer License approved - Western Supply Co., Inc. by Ellis Merritt An application from Western Supply Co., Inc. by F.11is Merritt, President, for a package Beer License at 524 Aven Street with the business to be called "The Udder Place" was presented for the consider- ation of the Council. The application was accompanied by a Resolution of the Corporation and the following letter from the Chief of Police recommending approval was read: Warrant Numbers 1 thru 47, General Fund --------------------------------- -..- $ 9,021.06 Warrant Numbers 1 thru 30, Water & Sewer Fundr. Water---------------- - - - - -- 631.40 Treatment Plant- ----- - -- - -- 2,1:011.35 r Water, Gen. Office--- - - - - -- 110.63 Sewer MAintenance--- - - - - -- 22.05 Warrant Numbers 1 thru 51, Special Funds: Fire---------------- - - - - - 998.63 Cemetery------------- - - - --- 88.01 Cemetery, Capital---- - - - - -- 3,426.00 Street--------------- - ----- 6,112.03 Street, Capital------ - - ---- 12,160.00 Irrigation----------- - - - - -- 268.97 LID #65--------- -- --- - - - - -- 93.72 A vote was taken and the motion carried. It was moved by Councilman Keys, seconded by Councilman McCluskey, that the meeting adjourn. A vote was taken and the motion carried. The meeting adjourned 111 0 P.M. J 0 0 Mayor city ric COUNCIL CHAMBERS JANUARY 28, 3,971 4:oo P. M. The Council met pursuant to call and acknowledgement of notice in the following forms We, the undersigned Fayor and Members of the City Council of the City of Caldwell, Idaho, do bomb; acknowledge notice of a Special Meeting of the said City Council to be held in the Council Chambers in the City Hall of Caldwell, Idaho, at the hour of 4100 P. N. on the 28th day of Jancarp, 1971, for the transact- ion of all business in connection with the following objects Consideration of applications for Catering Permit and for Bear license, and for execution of an Agreement for the ha uling of wet garbage. Witness our signatures this 28th day of January, 1971. \ Nhyor Charles W. Carpenter presiding. \ V I Upon Roll Call, the following Councilmen answered present: Charles C. Banks, Alfred H. McCiuekey, James W. "Bill° Keys, B. Jay Martin, C. A. "Chat" Davenport, and James R. Dakan, Catering Permit approved - Kenneth L. Stover Mayor Carpenter announced the purpose of the call for this special meeting and announced the first order of business as being the consideration of an application from Kenneth L. Stover d/b /a The Oimaron located at 709 Main St, for catering for a Shrine Banquet at Pollard's Restaurant located at 304 N. Kimball Avenue from 6100 p.m. to 9:00 p.m. on the First day of February, 1971. The application had been approved by the Chief of Police and was accompanied by a receipt from the Clark for the required fee. In answer to the question concerning the limited time for approval or disapproval by the Comuaissioner of law Enforcement, Mayor Carpenter told the Cbancil that the Commissioner had been informed and had no objections to the granting of the Permit so far as the Department of Law Enforcement was concerned. It was moved by Councilman Dakan, seconded by Councilman Davenport, that the application of Kenneth L Stover for a Catering Permit at Pollard's Restaurant be approved for the First day of February, 1971 as applied for and that the Permit be issued. A vote was taken and the motion carried. Application for Beer License approved - Western Supply Co., Inc. by Ellis Merritt An application from Western Supply Co., Inc. by F.11is Merritt, President, for a package Beer License at 524 Aven Street with the business to be called "The Udder Place" was presented for the consider- ation of the Council. The application was accompanied by a Resolution of the Corporation and the following letter from the Chief of Police recommending approval was read: