HomeMy WebLinkAbout1965-02-01city council minutes388
It was moved by Councilman Martin, seconded by Councilman Carpenter, that the applications for
Bartender Penai.ta be approved and that the permits be issued. A vote was taken and the motion carried.
Sick Leave Policy referred to
Mayor Smith referred to the previous proposal for a Itsick leave policy" (Minutes, Page 374) and
inquired if the Council wished to consider the proposal further at this time, however, it was suggested that
no further action be taken until all members of the Council were present.
Bills for 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 Clerks Office.
Such warrants being in the totals as follows:
Warrant Numbers 1 -thru 37, General Fund -------------------------------- - - - - -- $ 6,184.53
Warrant Numbers 1 thru 31, Water & Sewer Fund : Water & Sewer---------- - - - - -- 5,180.28
Treatment Plant ------- - - - - -- 1,616.49
General Office -------- - - - - -- 76.71
Warrant Numbers 1 thru 54, Special Funds: Fire -- --- --- --- ---------- -- 473.54
Cemetery -------------- - - - - -- 131.75
Street -- -------- -- ---- - --- -- 3,968.43
Sanitation - -- --------- -- - - -- 160.10
Armory --- ------- --- - - - - -- 56.40
Irrigation ------------ - - - - -- 146.32
$17,994.55
A vote was taken and the motion unanimously carried.
There being no further business to come before the Council; it was moved by Councilman Carpenter,
seconded by Councilman Vassar, that the meeting adjourn. A vote was taken and the motion carried.
The meeting adjourned at 9:50 p.m.
City ark
mayor
COUNCIL CHAMBERS
FEBRUARY 1, 1965
8:00 P. M.
The regular monthly meeting of the City Council met in the Council Chambers of the City Hall with
Mayor N. E. "Coley" Smith presiding.
Upon Roll Call, the following Councilman answered present: E. L. Vassar, Max Luby, James W. "Bill
Keys, V. Jay Martin, Charles W. Carpenter, and C. A. Davenport. Absent: none.
Claim presented - T. D. Griffith
Mayor Smith recognised Mr. T. D. Griffith who addressed the Mayor and Council and stated that he
had something to present to the Council. Mr. Griffith then presented a bill in an amount of $500.00 which
he said was for damages for illegal arreat by the City - that he had retained a lawyer and he wanted to give
the Council a chance to pay this before turning him loose on it - that he would present it at this time and
they could use their own judgement.
Mayor Smith informed the Council that Mr. Griffith had been arrested by the City Police on a
charge of disturbing the peace by using obscene language over the telephone to a lady and his case was in
City Court the last he knew and that he didn't know what disposition had been made.
At the request of Mayor Smith, City Attorney Wm. F. Gigray, Jr., explained that the case had been
act for trial once and that Mr. Griffith had walked out of the Court; that it was contempt of Court but that
he had prevailed upon the Court to continue the case. Then it was set again for trial and the complaining
witness didn't appear. They had waited and he was assured by the Sergeant of Police that she had been
notified and since she didn't appear and it was a complaint by this party, he had moved the dismissal.
The City Attorney further advised the Council that this was not a proper claim for damages and he
Informed Air. Griffith that he should go to his lawyer and if he had a civil action for this type of thing,
he would have to bring it against whoever he thought he had a claim against.
Mr. Griffith stated that the Chief of Police had claimed that Judge Rosenberry had made out the
paper for his warrant and that the Judge claimed that the Chief of Police brought it to him all ready made
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out; that he had asked him if he didn't think a man who worked for the City and who was in a position to
draw up a warrant for a man's arrest and didn't find out whether it happened in the City, where it happened,
how it happened, and the time it happened for the City's record and protection, was either dumb or awful
crooked.
Mayor Smith informed Mr. Griffith that it hadn't been determined by a Court as to what errors were
made by whom or if any mistake had been made and again informed him of his right to bring an action after -
which Mr. Griffith retired from the meeting.
Bids opened on Tax Anticipation Notes
The following bids were then opened for consideration of the Council:
The Idaho First National Bank
February 1, 1965
Mayor, City of Caldwell
Caldwell, Idaho
Dear Sir:
In response to your letter of January 12, 1965, calling for interest rates on Tax
Anticipation notes, we submit a figure of 3 % per annum.
The Tax Anticipation notes are to be properly issued and supported by the necessary
documents, including an attorney's opinion showing that all legal requirements have been
satisfied.
Yours very truly,
L. P. Remsberg
Manager
Bank of Idaho
February 1, 1965
The Honorable N. E. Smith
and
Members of the City Council
City of Caldwell
City Ball
Caldwell, Idaho
Gentlemen:
We wish to enter a bid on the City of Caldwell Tax Anticipation Notes to be
issued in the aggregate amount of $275,000.00. We understand that these notes are for
the current fiscal year of 1965. Our bid is as follows:
2 3/4% per annum, simple interest, calculated only on the time
they are outstanding.
If the notes are awarded to us, we are ready to provide the required funds
when needed. We will cooperate with your officials in every way possible in providing
sound financial assistance for our city.
Yours very truly,
/S/
Martin C. Warberg
Vice President & Manager
First Security Bank of Idaho
January 29, 1965
Mayor Coley E. Smith &
City Council
City of Caldwell
Caldwell, Idaho
Dear Sirs:
Please be advised that this bank will ;urchase all or any part of the 1965 series tax
anticipation notes for the City of Caldwell at an interest rate of 2.85 per cent.
Yours very truly,
Orrin S. Merrill
Manager
It was moved by Councilman Martin, seconded by Councilman Vassar, that the low bid from the Bank
of Idaho be accepted, A vote was taken and the motion carried.
Bill No. 4 - Ordinance No. 1041
Reference was then made to a previous action of the Council for amending the Subdivision Ordinance
at the Recessed Meeting on December 21, 1964 (Page 361) as recommended by the Planning Commission. City
Engineer Mel Lewis explained the need for a change in that portion of the ordinance which was to provide that
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"No block shall be longer than 660 feet nor less than 330 feet between street intersectional' as this had
created a problem in that if you considered lots of minimum depths of 100 feet which was possible under the
minimum lot sizes, there could be a minimum lot of 250 feet assuming a 50 foot street.
Councilman Carpenter then introduced Bill No. 4, entitled:
AMENDING S
AN ORDINANCE AMENDING SUB- P ARAMUH (B) 1, SECTION 5-8 -6 OF CHAPTER 8, TITLE V OF THE CITY CODE OF CALWELL,
IDAHO, R S LINO THE MINIMUM LENGTH OF BLOCKS FROM 330 FEET BETWEEN STREET INTERSECTIONS TO 250 FEET, AND
UB- PARAGRAPH (C) 1 OF SECTION 5-8-6 OF CRAFTER 8, TITLE V, MAKING CORNER LOTS WITH A MNIMUM AREA
OF 8 SQUARE FEET WITH MINIMUM STREET FRONTAGE OF 75 FEET, AND INSIDE LOTS WITH A MINIMUM AREA OF 6,000
SQUARE FEET, AND A MINIMUM STREET FRONTAGE OF 60 FEET AT THE SET BACK LINE AS REQUIRED BY THE ZONING
REGULATIONS OF THE CITY OF CALDWELL AS SET FORTH IN TITLE VI OF THE CITY CODE, PROVIDING AN EFFECTIVE DATE
FOR THIS ORDINANCE TO TAKE EFFECT AND REPEALIN ALL ORDINANCES IN CONFLICT THEI(NdITH.
which was read for the first time and the Council proceeded to consideration of Bill No. 4. It was moved by
Councilman Carpenter, seconded by Councilman Keys, that the rules re that an Ordinance be read on
three different days be suspended and that Bill No. 4 be placed on final passage. The Mayor directed the
Clerk to call the roll on the above motion which resulted as follows: Those voting in the affirmative were:
Vassar, Luby, Keys, Martin, Carpenter, and Davenport. Negative votes: none. Absent and not voting: none.
The Mayor declared the motion had passed by the necessary three - fourths majority and, the question being
"Shall Bill No. 4 pass? ", directed the Clark to call the roll on the above question which resulted as
follows: Those voting in the affirmative were: Vassar, Why, Keys, Martin, Carpenter, and Davenport.
Negative votes: none. Absent and not voting: none. Thereupon, the Mayor declared Bill No. 4 had passed
and the Mayor in open session of the Council duly signed and approved the Bill and the Clark duly signed and
attested the same which became Ordinance No. 1041.
The Nayor directed the Clerk to make proper entry of the same and to cause Ordinance No. 1041 to
be published in the News - Tribune, the official newspaper of the City of Caldwell, Idaho.
Lease on Curtis Park approved
A lease between the City and Dale G. Haile for rental of property designated as Curtis Park for
the period of one year, commencing January 1, 1965 and ending December 31, 1965, at a rental fee of $50.00
was presented for consideration of the Council.
It was moved by Councilman Vassar, seconded by Councilman Luby, that the Mayor and City Clark be
authorized to execute said lease in behalf of the City of Caldwell. A vote was taken and the motion carried
Ordinance On Drive -Inn Restaurants discussed
Mayor Smith informed the Council of a sample Drive -Inn Restaurant Ordinance which had been mailed
to Drive -Inn operators in Caldwell for information and said that the Council eight be interested in knowing
that all of the Drive -Inn operators, except one, were highly in favor of such an ordinance being passed. He
stated that the sample ordinance was made up from two different ordinances and that such ordinances had been
passed in about ten cities at the request of the operators; that the ordinance was only workable if the
Drive -Inn operators wanted them.
At the request of the Mayor, the City Attorney explained that the ordinance was designed to do one
of several things but the idea was to give authority to the City to go upon private property for regulation
as far as motor vehicles and the patrons of the Drive -Inns ware concerned, and that this included such
things as related to noise, leaving the vehicles parked and unattended, etc; that it was a pretty tough
thing and that he was sure that if any one of them worked it too heavily, he would loose his patronage
pretty fast. Mr. Gigray, Jr. added that he thought they would find that in the cities where such ordinances
had been passed, they had a beer problem where beer was being served at the Drive -Inn.
Contract for Golf Pro referred to
In answer to the question, the City Attorney informed Mayor Smith that the contract for the new
Golf Pro had not been completed as yet.
Assessments of Municipal Irrigation System approved
Mayor Smith informed the Council that this was the time set by notice for the Mayor and Council to
meet as a Board of Correction to review and correct assessments of the Caldwell Municipal Irrigation System.
It was noted that there was no one present for or against the Assessment Roll.
It was thereupon moved by Councilman Martin, seconded by Councilman Davenport, that the Assessment
Roll of the Caldwell Municipal Irrigation System be approved and that notices of assessments be prepared and
nailed. A vote was taken and the motion carried.
Resolution No. 3
Councilman Martin sponsored and moved the passage of the following Resolution:
tm
RESOLUTION NO. 3
BY COUNCILMAN MARTIN
A RESOLUTION AUTHORIZING THE TRANSFER OF FUNDS.
WHEREAS, There is a shortage to meet the budget requirements of the general fund of the City of
Caldwell, Idaho; and
WHEREAS, There is an excess of funds in the Water Fund over the requirements necessary to meet the
budget of said funds;
NOW, THEREFORE, BE IT RESOLVED, That the Treasurer of the City of Caldwell be and she is hereby
authorized to transfer into the General Fund of the City of Caldwell from the Water Fund the sum of THIRTY -
FIVE THOUSAND AND NO /100 ($35,000.00) DOLLARS.
The aforestated motion was seconded by Councilman Carpenter. A roll call vote was called for when
the following Councilman voted in the affirmative: Vassar, Luby, Keys, Martin, Carpenter, and Davenport.
Negative votes: none. Absent and not voting: none. Mayor Smith announced that Resolution No. 3 had passel
Name for Municipal Golf Course discussed
Mayor Smith then suggested to the Council that they give a great deal of thought to naming the
Municipal Golf Course (9 hole Golf Course) and said that he thought it would be pretty, nice if it could be
named after one of the local citizens who had contributed a lot to the golf system over the years, and added
that he would rather see it named after some living person that had contributed something rather than in the
memory of someone.
It was agreed that this should be considered at the next meeting of the Council.
Golf Course schedule of fees approved
At this time the schedule of fees for the City golf courses as recommended by the Board of Control
was referred to and reviewed by the members of the Council (Minutes - Page 386).
Councilman Davenport informed the Council that following the recoommendations from the Board of
Control, the rental fee for private tournaments had been reconsidered with regards to the exclusion of those
persons participating from the count of players who held season tickets. In other words, the $50.00 per day
Dr $1.00 a player, whichaver was the larger, would exclude those holding season tickets and, he said that he
thought this was fair because those persons holding a season ticket could play anytime and should not be
considered in the count of the tournament group.
With this understanding, it was moved by Councilman Davenport, seconded by Councilman Martin, that
the recommendations of the Board of Control for golf fees during 1965 be approved. A vote was taken and the
notion carried.
'ontract with Rural Fire District referred to
Mayor Smith informed the Council that he had talked with the Secretary of the Rural Fire District
snd that he was leaving on vacation; however, the District was planning on possibly adding another pumper
tnd adding another man which would require revision of the contract with the City. The Mayor stated that he
utd made a verbal agreement, which he had confirmed in writing to the Secretary, that the City would continue
Go furnish fire protection to the Rural Fire District on a month to month basis until he returned from
cation and at which time, a new contract would be executed.
I.D. Guarantee Fund levy discussed
Mayor Smith advised the Council of an accumulated balance in the L.I.D. Guarantee Fund in an amount
$3 9045 .00 with accounts receivable in taxes for the Guarantee Fund in an amount of $1,149.00 approximately
d stated that he thought it would be advantageous to take the 4g mill levy presently being levied for this
rpose and add it to the � mill levy for Armory for one year. He stated that this would not raise the total
vy and would assist in absorbing the repayment of money to the Armory Association and bring these accounts
report of Sanitation Department
The monthly report of the Sanitation Department from the City Sanitarian was read and ordered
on file.
tion for Bartender Permit approved
An application for a Bartender Permit from Terry Burson was presented for the consideration of the
The application had been approved by the Chief of Police and was accompanied by a receipt for the
fee from the City Clerk.
It was moved by Councilman Martin, seconded by Councilman Davenport, that the application for a
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Bartender Permit be approved and that the permit be issued. A vote Was taken and the motion carried.
Report on Job Youth Camp
Mayor Smith informed the Council that the report from the County Commissioners shoved about 95%
to 1 against the Job Youth Camp and that about 90% of the call& to the City were against it; also, that the
official poll of the City Council which was done at the request of the Bureau of Reclamation, showed the
majority of the Council against it. He said that it wasn't necessary to take any official action on it
until the Governor should request it in writing but that it didn't look like there would be any approval of
the camp.
Annual report of the Police Department
The annual report of the Police Department was presented and reviewed by the Mayor and Council
and ordered placed on file.
Report on water level of river
Mayor Smith informed the Council that the City had almost lost their gravel pit from the flooding
of the river which was now about two feet higher than the road but that the crews had gotten it dyked in
time although one pump was out and they probably would need both pumps to hold it down.
Report on progress of city jail construction
City Engineer Mel Lewia reported to the Council that it appeared from information submitted to
him thin evening that the City had committed approximately $23,000.00 for jail construction and that this
amount would include the amounts already expended and those presently committed. He said that he was now
working on an estimate of what the other partitions for the interrogation room and other rooms up front
would cost and that he would advise the Council of this when the estimates were completed.
Mayor Smith commented in that it might be necessary to eliminate these partitions in the
corridors and rest rooms because they were not absolutely essential. He also asked the Council to keep in
mind that there would probably be some extra expense at the airport this year and that some commitment to
the Recreation Committee for one new tennis court had been considered; that he could see no problem in the
Street Department although it was going to be difficult to keep the golf budget down.
Bills for End - January
It was moved by Councilman Martin, seconded by Councilman Davenport, that the warrants for claims
and payrolls be approved as per list and filed in the City Clerk's Cffice. Such warrants being in the
totals as follows:
Warrant Numbers 38 thru 71, General Fund --------------------------- - - - - -- $ 2,620.74
Warrant Numbers 32 thru 47, Water & Sewer Fund : Water & Sewer - - - - -- 6,143.02
Treatment Plant -- --- - - -- -- 404.05
General Office ------ - - - - -- 200.00
Warrant Numbers 55 thru 83, Special Funds Fire --------------- - - - - -- 59.72
Cemetery-- --------- -- ---- 9.28
Street - ------------ -- - - -- 1,072.15
Sanitation ----- - - ---- - -- 5,728.14
Armory -------------- - - - - -- 120.00
Irrigation --------- - - - - -- 32.94
Cemetery Sinking ---- - - - - -- 133.00
L.I.D. #55 ----- ----- - - - - -- 102.15
Warrant Numbers 130 thru 183, General Fund Payroll - January --------- - - - - -- 18,678.03
Warrant Numbers 184 thru 239, Special Fund Payroll - January -------- - - - - -- 16,868.27
Warrant Numbers 240 thru 264, Water & Sewer Fund Payroll - January -- - - - - -- 6
$ 58,644.40
A vote was taken and the motion unanimously carried.
There being no further business to come before the Council; it was moved by Councilman Davenport,
seconded by Councilman Keys, that the meeting recess until February 15th.
A vote was taken and the motion unanimously carried.
The meeting recessed at 9:20 P. M.
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