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HomeMy WebLinkAbout1969-02-17city council minutesCOUNCIL CHAMBERS FEBRUARY 17, 1969 8:00 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 here acknowledge notice of a Recessed Meeting of the said City Council to be held in the Council Chambers in the City Hall in the City of Caldwell, Idaho, at the hour of 8;00 P.M., on the 17th day of February, 1969, for transaction of all business in connection with the following object: New and unfinished business. witness our signatures this 17th day of February, 1969. Mayor N. E. "Coley" Smith presiding. Upon Roll Call, the following Councilmen answered presentx Charles C. Banks, William s. Harrison, James W. "Bill" Keys, V. Say Martin, and Charles W. Carpenter. Absent: C. A. -Chet" Davenport. Variance to Building Code granted - Mrs. M. H, Schulz Mrs. M. H. Schultz who gave her residence as 2008 East Linden was recognized and told the Council that she would like to build a double garage at property behind the old Academy Bakery. There was about 22 feet between her house and the existing property line which would give her ,just enough room for the double garage she needed, providing the Council saw fit to permit her to build to the property line. We. Schultz stated that she had talked to Ins. Owens, the owner of the old Academy Bakery property and it was all right with him. She also pointed out that her property was four feet lower than the adjoining property so the garage would serve as a retaining wall as well. In answer to the question, the Building Inspector informed the Council that, when She garage was to be attached to the house, there needed to be a four foot side yard in order to comply with the provisions of the Code. He said the bakery had been located there under a special permit and he also pointed out that, unless the garage had a fire wall on that side, it could possibly affect the other property in years to come in that it might take four feet from their building area. After discussing the request; it was moved by Councilman Harrison, seconded by Councilman Banks, that a variance be granted to the Code, providing a written statement of consent is obtained by Mrs. Schulte from the adjacent property owner. A vote was taken and the motion carried. Mrs. Schultz was informed that all of the structure would need to be on her property with no encroachment or overhang onto or over the adjacent property. Recozm¢endationsfrom Recreation Board considered Two recommendations from the Recreation Board were presented for the consideration of the Council. The were as follows: FEE FOR PUBLIC SWIMMING Adults (18 and over) .50 (includes tax) Student (17 and under) .25 (includes tax) Season tickets (family) $15.00 This is an increase over 1968 of $5.00. This would mean 60 swims for a family of six. We feel that this is a more reasonable fee than previous years and the increase is to be used for staff salaries. It is necessary to block off the following street entrances in front of the pool office-. 6th and Harrison 5th and Harrison This is in the interest of safety also. It does not prevent traffic flow into or out of the park. The previous street closure has been most successful. the previous street closure referred to was one block of Sixth Street between Harrison and Irving ivenaes and after some discussion; it was moved by Councilman Martin, seconded by Councilman Carpenter, that approve the closure of the additional street. The Chief of Police raised the question of where cars were going to park if this portion of on Avenue was closed and offered the opinion that cars might be parking in the residential area. 1 N some further discussion, the motion was withdrawn by Councilman Martin with consent of the second, and the Chief of Police was instructed to investigate the recommendation and report back to the Ceuncil. It was moved by Councilman Hanks, seconded by Councilman Martin, that the price for Season Tickets be raised from $10.00 to $15 .00 as recommended. A vote was taken and the motion carried. Recomnendation of Golf Hoard of Control considered The following recommendation from the Golf Board of Control was read for the consideration of the Council: Honorable Mayor Coley Smith Caldwell, Idaho Honorable Mayor: February 12, 1969 The Board of Control net February 11, 1969. We wish to make the following recomnendationw It was uaanimoualy recommended by the Board that all motor vehicles except maintenance vehicles and authorized golf motorized carts be prohibited from driving on both the Purple Sage Golf Course and the Fairview Golf Course. This is primarily to eliminate snowmobiles and avoid any possible damage to the course by their use. /S/ James M. lyke Chairman Board of Control In discussing the recommendation, it was suggested that bicycles also be prohibited from both of th- Courses. It was then moved by Councilman Keys, seconded by Councilman Banks, that the City Attorney pre the necessary ordinance. A vote was taken and the notion carried. :et for annexation approved conditionally The following letter from the Homedale Tractor & 7quipment Co. Inc, requesting annexation into the was read for the consideration of the Council: February Ili, 1969 Mayor of Caldwell City Council Caldwell, Idaho Gentlemen; We request annexation into the City of Caldwell of the below described property owned by the Homedale Tractor & Equipment Co., Inc. of Homedale, Idaho. This parcel is situation in the SA&W of Section 21; Township 4 North; Range 3 West of the Boise Meridian and is more particularly described as follows: BEGINNING at the SE corner of said 3AA NWT Thence S 84 - 30 1 W. along the South boundary of said SWk W�z, a distance of 435.6 feet; Thence N 0 20' - hO" W, parallel with the East boundary of said SW a distance of 300.0 feet; Thence N 89 -30 E, parallel with the South boundary of said SW;O W a distance of 435 .6 feet to a point on the East boundary of said SWWgVP4; Thence 3 0 -20' - 40 E, along the Est boundary of said SW41aA6 a distance of 300.0 feet to the point of BEGINNING. This parcel is subject to a right of way for a drain ditch and for State Highway 19 along the South boundary. This parcel contains 3.0 acres. Oar company plans to construct a new building on this property from which we will operate a John Deere farm machinery dealership offering sales, parts and service of John Deere equipment. We request that this property be zoned properly for our business. We further recuest that city water be furnished to our property along with a fire hydrant. In accordance with a letter to us on 11 /6/68 from Mr. Melvin Lewis, we agree to pay the city $500.00 for the water line extention, $7$.00 for the carrier pipe under the railroad, and $70.00 for the city water meter. Thank you for , - , , our consideration, and Respectfully, /S/ Nelson E. Baxter HOMEDAIE TEACTOR & EQUIPMENT Co. INC. i 1J It was moved by Councilman Banks, seconded by Councilman Carpenter, that the property of Homedale r & Equipment Co., Inc. be annexed providing they pay the cost of publications in addition to the other agreed to, and that the pr operty be zoned as eE"- Industrial. A vote was taken and the motion carried. i Bids on L. I. D. Bonds - #62 Mayor Smith announced that this was the date act for the sale of Bonds for Local naprovement r— District No. 62 and inquired if there was anyone present for this purpose. There was no one present at the meeting for the purpose of bidding on the Bonds; however, the City Attorney informed the Mayor and Council that there were bidders and they had tendered the money for the Bond if their bids were accepted. Resolution No. 7 Councilman Carpenter sponsored the following Resolution and moved its passage: RESCLUTION 7 BY COUNCILMAN CARPENTER A RESOLUTION CONFIRMING THE SALE, ISSUANCE, PRINTING, EXECUTION AND DELIVERY OF THE BONDS OF LOCAL IMPROVE - MENT DISTRICT NO. 62 OF THE CITY OF CALDWELL, IDAHO, TO THE PURCHASERS THEREOF. WHEREAS, The City of Caldwell, Idaho, on the 17th day of February, 1969, at the hour of 8:00 o'clock P.M., pursuant to due and legal notice did offer for sale the bonds of Local Improvement District No 62 of the City of Caldwell in the principal sum of $34,727.10, and WHEREAS, Bids were received from ten bidders to purchase said bands at their principal amount with a rate of interest thereon at five per cent per annum, with the purchase money therefore being tendered with the bids, and the Mayor and Council by motion having accepted the bid of said persons as being the only and best bid therefor, and WHEREAS, Since said action of the City Council, said bonds have been printed, issued, executed, an delivered to the purchasers therefor, and it appears desirable that the action of the City officials in this connection be ratified, approved and confirmed; NOW, THEREFORE, BE IT RESOLVED By the Mayor and Council of the City of Caldwell, Idaho: Section 1. That all acts heretofore taken by the Mayor and Council of the City of Caldwell, Idaho with respect to the issuance, printing, sale, execution and delivery of the bonds of Local Improvement District No. 62 of the City of Caldwell, Idaho, to the purchasers thereof, be and the same is hereby ratifie approved and confirmed. Section 2. Tnat the number, maturity date, purchaser and amount of each of said bonds is as follows : BOND N0. MATURITY DATE PURCHASER AMOUNT 1 - 7 1970 Lloyd Waterman $3,227.10 8 - 12 1971 Lloyd Waterman 2,500.00 13 - 14 1971 Luella Hartenbower 1,000.00 15 - 21 1972 Luella Hartenbower 3,500.00 22 - 28 1973 Luella Hartenbower 3,500.00 29 - 31 1974 Luella Hartenbower 1,500.00 32 - 35 197L Hugh C. Benedict 2,000.00 36 - 42 1975 Hugh C. Benedict 3,500.00 43 1976 Hugh 0. Benedict 500.00 44 - 45 1976 Ban Doner 1,000.00 46 - 49 1976 Blanche Waterman 2,000.00 50 - 51 1977 Blanche Waterman 1,000.00 52 - 55 1977 George E. Williams 2,000.00 56 - 1977 Helen [Amen 500.00 57 - 63 1978 Helen [Amen 3,5co.00 64 - 65 1979 Helen Ulmen 1,000.00 66 - 68 1979 Mary & Margaret Humphrey 1,500.GO 69 - 70 1979 Charles Bourland 1,000.00 The motion for passage was seconded by Councilman Keys. A roll call vote was called for when the following Councilmen voted in the affirmative: Banks, Harrison, Keys, Martin, and Carpenter. Negative votes: acne. Absent and not voting: Davenport. Mayor Smith declared that Resolution No. 7 had passed. Resolution No. 8 Councilman Keys sponsored the following Resolution and moved its passage: RESOLUTION NO. 8 BY COUNCILMAN KEYS A RESOLUTION PROVIDING FOR THE PURCHASE OF THE NEW ApMINISTRATION BUILDING AT THE CAIDWELL MUNICIPAL AIRPORT. 3 a WHEREAS, The Chamber of Commerce of the City of Caldwell has caused to be erected at the Caldwell icipal Airport a new administration building, and WHEREAS, The Chamber of Commerce has agreed to sell said building to the City of Caldwell for the of $23,288.19, and WHEREAS, It is in the best interest of the City of Caldwell that said building be purchased; NOW, THEREFORE, BE IT RESOLVED, That the City of Caldwell purchase from the Chamber of Commerce of City of Caldwell the new administration building at the Caldwell Municipal Airport for the sum of ,288.19, and that the Mayor and Clerk be, and they are hereby authorized to execute on behalf of the City Caldwell a warrant of purchase for the same in said sum upon the lumber of Commerce of the City of dwell executing and delivering to the City of Caldwell its bill of sale to said building. The motion for passage was seconded by Councilman Banks, A roll call vote was called for when the lowing Councilman voted in the affirmative: Banks, Harrison, Keys, Martin, and Carpenter. Negative votes :e. Absent and not voting: Davenport. Mayor Smith declared that Resolution No. 8 had passed. .1 No. 0 - Ordinance No. 1154 Councilman Martin introduced Bill No. 8, entitled: ORDINANCE AMENDING SECTION 4 -7 -5 OF CHAPTER 7 OF TITLE IV OF THE CITY CODE OF THE CITY OF CAIDWELL, IDAHO, ;ING THE LICENSE FEE FOR THE RETAILING OF BOTTLED OR CANNED BEER, ALL OF WHICH IS TO BE CONSUMED IN THE 1MISES WHERE SOLD THE SUM OF $75.00 PER YEAR, AM MAKING THE LICENSE FEE FOR THE RETAIE OF BOTTLED OR MM BEER, NONE OF WHICH IS TO BE CONSUMED ON THE PREMISES WHERE SOLD, THE SUM OF $25.00 PER YEAR; REPEAL- I ALL ORDINANCES OR PARTS THEREOF IN CONFLICT WITH THIS ORDINANCE, AND PROVIDING FOR THIS ORDINANCE To TAKE 'ECT FROM AND AFTER ITS PASSAGE, APPROVAL AND PUBLICATION. .ch was read for the first time and the Council proceeded to consideration of Bill No. 8. It was moved by mcilman Martin, seconded by Councilman Keys, that the rules requiring the reading of a Bill on three .orate days be suspended and that Bill No. 8 be read the second time by title and the third time in full, tion by section, The Major directed the Clerk to call the roll on the above motion with the following alt. Those voting in the affirmative were: Banks, Harrison, Keys, Martin, and Carpenter. Negative votes .9. Absent and not voting: Davenport. The Mayor declared the motion had passed by the necessary one -half .a one of the members of the full Council and directed the Clerk to read Bill No. 8 the second time by titl . the third time in full, section by section. The Clerk read the Bill as directed. It was moved by ncilm:an Martin, seconded by Councilman Keys, that Bill Tdo. 8 pass. The Mayor directed the Clerk to call roll on the above motion which resulted as follows; Those voting in the affirmative were: Banks, rison, Keys, Martin, and Carpenter. Negative votes: none. Absent and not voting: Davenport. Thereupon Mayor declared that Bill No, 8 had passed and the Mayor in open session of the Council duly signed and roved the Bill and the Clark duly signed and attested the same which became Ordinance No. 1154. The Mayor directed the Clerk to make proper entry of the same and to cause Ordinance No. 115h to be lashed in the Naws- Tribune, the official newspaper of the City of Caldwell, Idaho. 1 No. 6 - Second reading Bill No. 6, entitled: ORDINANCE AMENDING SECTION 8 -5 -1 OF CHAPTER 5 OF TITLE VIII OF THE CITY CODE OF THE CITY OF GALDWELL, HO, PROVIDING FOR THE BURIAL OF A BODY ON A CEMETERY LOT IN WHICH THERE IS NO RECORD OF TITLE IN THE DE- SED UPON AN AFFIDAVIT SHOWING SOME RELATIONSHIP TO THE ORIGINAL OWNER, AND THE EXECUTION OF AN IN14NITY EENENT TO THE CITY OF CALDWELL AND APPROVAL THEREOF BY THE CITY COUNCIL AND MAYOR: AMENDING SECTION -2 OF CHAPTER 5 OF TITLE VIII OF THE CITY CODE OF THE CITY OF CALDWELL, IDAHO, PROVIDING THAT ANY PERSON IRING TO TRANSFER OWNERSHIP IN A CEMETERY LOT CAN MAKE APPLICATION TO THS CLERK WHO SHALL PREPARE A QUIT - IM DEED FOR THE SAME, AND THE CLERK SHALL CHARGE A FEE OF $1.00 THEREFOR: AMENDING SECTION 8 -5 -10 OF PTER 5 OF TITLE VIII OF THE CITY CODE OF THE CITY OF CALDWELL, IDAHO, PROVIDING FOR THE ADDING OF A PRO - ION IN THE DEED AND CERTIFICATE OF PERPETUAL CARE FOR CEMETERY LOTS OF THE CITY OF CAIDWELL, THAT IN THE NT THE LOT OR LOTS ARE NOT USED FOR INTERMENT WITHIN THIRTY YEARS, THE SAME SHALL REVERT TO THE CITY OF MMLL, PROVIDED THAT SAID PERIOD OF THIRTY YEARS MAY BE EXTENDED UPON WRITTEN APPLICATION AND APPROVAL OF CITY COUNCIL AND MAYOR OF THE CITY OF CALDWELL; REPEALING ALL ORDINANCES OR PARTS THEREOF IN CONFLICT R THIS CRXMNCE AND PROVIDING FOR THIS ORDINANCE -TO TAKE EFFECT FROM AND AFTER ITS PASSAGE, APPROVAL AND r Tr n mrrtti then read for the second time. er read from KBOI Now The following letter was read from KSOI News: February 14, 1969 Mayor Coley Smith City Hall Caldwell, Idaho Dear Mayor Smith: U I want to register the strongest complaint possible to your council and against its 5 members who sat idly by while the KBOI News Department was slandered and discriminated against Thursday night at the final meeting of the Treasure Valley Cable TV Committee. Our reporter at the meeting, Sam Donaldson, was evicted because - - -- in the words of Chairman V. Jay Martin - - -- we would not fairly represent the final selection procedure, because the KBOI -KTVB ,point venture was one of the final bidders. Despite protests that the KBCI News Department is a completely separate function, Mr. Donaldson was evicted while other news media representatives were allowed to remain. This is discrimination of the worst type and smacks of slander, because, in effect, we were told we could not -- or would not -- be truthful and factual in reporting this story. I object strongly to this reasoning and put the KBOI News Department record of the past 10 years on the line as proof of our objectivity, truthfulness and factual reporting. I feel the action reflects on the councils of all 14 cities involved, because with one exception, all committee members sat idly by without protest and therefore gave approval to the action by Mr. Martin. In 18 years in the news field, never have I or those with whom I work been subjected to such a slap in the face. Please be kind enough to convey the feelings of this news department to your entire city council, and be advised that future action in this matter is being taken under advisement. Sincerely, Dick Eardley News Director Councilman Martin stated that to not let any representatives of the bidders appear before the full committee meeting was the decision of the evaluating committee and it was on that basis that he had presented it. He said they had all been informed before the meeting and the other representatives in the area had accepted the decision very graciously and without any protest; that when the meeting was opened and represent atives of Boise Valley Broadcasting Co. were here, or at least one, they were asked to excuse themselves from the meeting after the full committee had an opportunity to consider the matter and overrule the evaluating committee if they wished to do so. He said the full committee did not do so and, on the basis of conflicting interest, they were excluded from the meeting although he had found out since that they had ways of getting information out of the room and over the telephone so they were apparently fully advised. Agreement approved for collecting green garbage - W. W. McDowell An agreement between the City of Caldwell and W. W. A'bDowell for collecting and disposing of green garbage from =certain grocery stores and restaurants was presented for the consideration of the Council. The terms and annual license fee were the same as for previous years with the agreement to terminate on the 31st day of December, 1969, unless sooner terminated. It was moved by Councilman Banks, seconded by Councilman Harrison, that the Mayor and Clerk be authorized to execute the agreement with W. W. McDowell In behalf of the City. A vote was taken and the notion carried. Claim denied - C. R. Higer, Inc. A claim from C. R. Higer, Inc., 1312 Paynter, under date of February 1, 1969 was presented for the consideration of the Council and was as follows: 1 /11 H. W. Whitley L02 Grant 1 hr - Hiram - attempting to clear sewer where City sewer was plugged $8.00 An explanation was read from the City Engineer as follows: 2 -14 -69 On January 11, 1969, Mr. Higer was apparently called to the Whitely residence to clear the sewer. He found that the City sewer was plugged and called Mcnto Hudson, service man for that weekend. The service man determined that the sewer was plugged at the manhole in Payrter Ave. below the connection and cleared the manhole with a shovel which cleared the plug. It was moved by Councilman Martin, seconded by Councilman Banks, that the claim presented by C. R. Riger, Inc. in an amount of $8.00 be denied. A vote was taken and the motion carried. 4pp2ication for Safe and Sane Fireworks Permit approved conditionally The following application for a Safe and Sane Fireworks Permit was presented for the consideration )f the Council; An application from Penny Wise Drag at 802 Cleveland Boulevard. It was moved by Councilman Harrison, seconded by Councilman Banks, that the application from Penny Wise Drug for a Safe and Sane Fireworks Permit be approved subject to evidence of proper insurance. A vote C taken and the motion carried. ae Agreement approved - Beech Flying Club, Inc. The City Stngineer reported to the Council that the Beech Flying Club, Inc, wanted to build an port hanger at the Airport and to secure a lease from the City substantially the same as the presently .sting lasses for this purpose with the lease to be for a term of 20 years with option to renew. The yearl ital would be based upon the same charge for existing leases of $.03 per square foot with this being a sum $130.50 yearly. It was moved by Councilman Banks, seconded by Councilman Martin, that a Lease Agreement be drawn at usual rate without option for renewal at the and of 20 years and that the Fayor and Clark be authorized execute the lease agreement on behalf of the pity. A vote was taken and the motion carried. ort of Police Department The monthly report from the Police Department for the month of January, 1969, was read for the isideration of the Council and ordered placed on file. lication for Secondhand Store License approved The following application for a Secondhand Store License for 1969 was presented for the consider- of the Council: Royce D. Beougher d/b /a Royce's Used Amrt - 613 Amin Street - Fee, $10.00 The application had been approved by the Chief of Police and the Building Inspector, and was oompanied by a receipt from the Clerk for the required fee. It was moved by Councilman Keys, seconded by uncilman Harrison, that the application for a Secondhand Store License for 1969 be approved and that the canes be issued. A vote was taken and the motion carried, plicatione for Bartender Permits approved Applications for Bartender Permits from Floyd Leon Eisenbrandt, Helen M. Erty, and Laaranca D. Rife re presented for the consideration of the Council. The applications had been approved by the Chief of lice and were accompanied by a receipt from the Clerk for the required fees. It was moved by Councilman Martin, seconded by Councilman Carpenter, that the applications for rtander Permits be approved and the Permits be issued. A vote was taken and the motion carried. port on CATV Councilman NArtin informed the Council that the full CAT7 committee, as previously discussed, had t here in the City's Council Chambers last Thursday evening and had selected a franchise operator or antee - the General Communications and Entertainment Committee with head offices in Tulsa, Oklahoma and a baidiary of The Livingston oil Compary. He said that next Thursday morning, representatives from GencoE ald meet with the Committee Chairman, Committee Council, and Committee Consultant to review their proposal i maybe develop some areas for negotiation or possibly a better contract, if possible, and this would be Lor to a full committee meeting again in the Council Chambers the next Eursday at which time the represents res from GenCoR would meet with them. He said they assumed a meeting of the minds and that they would arch the point where they could get to the passage of the model ordinance by all the 14 member cities. He Ld members of the Council and the news media were invited to observe. Us for Md- February It was moved by Councilman Martin, seconded by Councilman Keys, that the warrants for claims be ?roved as per list and filed in the City Clark's office. Such warrants being in the totals as follows: Warrant Numbers 67 thru 106, General Fund ---- --- -------- ------------ - - -- -- --- --- $ 25,989.86 Warrant Numbers 64 thru 84, Water & Sewer Fund: Water ---- - - - - -- 578.43 --------___°_-- -- Water, Capital - --------- -- - ----- 7.81 Water, Capital Improvement - - - - -- 5.10 Treatment Plant ----------- - - - - -- 262.78 Water, General Office ---- --- - -- 54.00 Warrant Numbers 83 thru 120, Special Funds: Fire --------------------- - - -- - -- 148,34 Cemetery ----- -- --- -------- - - - - -- 204.36 Street -------- ----- ------- - - - - -- 3,489.68 Street, Capital -------- - - - - -- 371.78 Sanitation ----- -------- -- -e - - -- 16.00 Armory ----------- -------- - - - - - -- 203.30 Irrigation ----------- ----- - - - - -- L.I.D. #62 -- --- --- --- --- -- - - --- 39.66 $ 31;� A vote was taken and the motion carried. It was moved by Councilman Keys, seconded by Councilman Carpenter, that the meeting adjourn. A u m was taken and the motion carried. The meeting adjourned at 9;25 p.m.