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HomeMy WebLinkAbout1971-03-01city council minutes515 I i 7 Application for renewal of Beer License approved An application for the renewal of a Beer License from Canyon Multi - Purpose Stadium, Inc. d/b /a Stadium Concessions at 24th & Blaine St. was presented for the consideration of the Council. The applicatiol had been approved by the Chief of Police and was accompanied by a receipt from the Clerk for the required fe It was moved by Councilman Banks, seconded by Councilman Dakan, that the application of Canyon ,Multi- Purpose Stadium, Inc. for a Beer License be approved and the license be issued. A vote was taken and the motion carried. Applications for Bartender Permits approved Applications for Bartender Permits from Judi- VanDorn, Loraine Tackitt, John Hogg, Daisy Hsimbrick, land& Las Barnes, Peter Smit, and Virginia Lee Gilbertson were presented for the consideration of the Council. Each application had been approved by the Chief of Police and was accompanied by a receipt from the Clerk for the - required fee. It was moved by Councilman Banks, 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. Hills Mid- February 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: Warrant Numbers 84 thru 119, General Fund: $ 4,693.65 Warrant Numbers 46 thru 65, Water & Sever Fond: Water ----------- ------------ 631.10 Treatment Plant °- °-- ^-- -- ---' 145.87 Water, Capital ------------- —_ 165.42 Treatment Plant, Capital - - --- -- 575.o0 Water, General Office --- - - - - -- 69.36 Warrant Numbers 71 thru 118, Special Funds: Fire 309,26 Cemetery 229.58 street -___ --------- --- ___ --- 5,584.95 Street, Capital -------- -- - - -- 200.00 Irrigation - - -- 178.79 $12, 782.96 A vote was taken and the motion carried. It was moved by Councilman Keys, seconded by Councilman Banks, that the meeting adjourn. A vote was taken and the motion carried. The meeting adjourned at 9:50 P. M. 1 -/ Ci ty - - COUNCIL CHAMBERS MARCH 1, 1971 8:00 P. M. The regular monthly meeting of the City Council met in the Council Chambers of the City Hall with Mayor Charles W. Carpenter presiding. Upon Roll Call, the following Councilmen answered present: Charles C. Banks, Alfred H. Mccluekey, James W. "Bill' Keys, V. Jay Martin, and James R. Dakan, Absent: C. A. "Chet" Davenport. Parking problem previously discussed referred to for report - Mr. Edward Kabasa Mayor Carpenter stated the first order of business as being a referral to the previous discussion in regards to the parking situation on Airport Avenue between the Kit Manufacturing Company and West Gemco as presented to the Council by 1 Edward Kabasa and he called for a report from the Street Committee. Councilman Keys reported that he and Councilman McCloskey had looked at the situation and had talk- ed to Mr. Gage of the West Gemco Company and to Mr. Shivley of the Kit Manufacturing Company. He said that, at this time and relative to the west aide of the street in front of the Kit Manufacturing Company and between Evans and Crockham on Airport Avenue, parking was allowed along the curb excepting where curb cuts existed for entrance and agrees for parking in service areas; that, of course this was full and then he was certain from talking to Mr. Shivley that they bring out some travel trailers and use the portion of the street there for their customer loading when they have a dealer coming in to pick up merchandise or trailers; that, while they were doing this, it did restrict the street to a certain extent; however, it was a good wide street and it didn't seem to Close off the traffic at that point. Councilman Keys then referred to the other 516 le of the street which he said they had been talking about in that there were signs up and no parking Leveed at all. He said that in talking to Mr. Gage, the way they were using this, there was an area there 7 about fourty feet at about the center where W. Gage felt it was very essential that it remain open for Bence and egress fbr $ei*it trucks to come in and also to get their rental equipment out as this was where was kept. Councilman Keys then stated that, if they were to open up the rest of the street for parking, there old be places for about five (5) cars to park and, in looking the situation over a little bit further, it seared that, if parking was allowed there along with the freight trucks coming and going and the activities the Kit Manufacturing Company across the street with their travel trailers along with machinery coming in i out of there on occasion as it did, that this would create a considerable hazard. He said that, as far a s particular area, it was their observation and recommendation that the City leave the parking situation it is now. At the invitation of Councilman Keys, W. Shivley told the Council that, in addition to the loading an occasional travel trailer in the street, they were constantly moving travel trailers out of their plant n the street to Crockham - for loading zones they have there and he thought this would create quite a and in there if parking was allowed on the Opposite side of the street. He stated that he didn't personal feel that to gain three, four or five parking areas in there would be worth while and it would only add to congestion of the street. W. Gage commented, in addition to what had been said, and said that today at noon as he was start• ig to come home there was a Pacific Steal °truck getting out of their drive way and, had there been any park• ig on the opposite aide of the street, the truck simply couldn't have gotten out of there due to its length, said he thought it would really be quite dangerous to have cars in there. Councilman Keys added to his report in that it had seemed to them that there were two businesses orating there and, by the very nature of their businesses, it was essential that they did have a pretty go( rest operation; that he and Councilman McClusksy felt that if they restricted the street on the one side b3 lowing parking there, it would probably be detrimental to both the Kit Manufacturing Company and to West moo, and, the use of five additional parking spaces really wouldn't be worth it. Councilman t-kCluskey stated that he didn't have anything to add and that he concurred with the re- rt of Councilman Keys. W. Kabasa was then recognized and he referred to the next block from the block just discussed and Id there were implements in that block with one entrance from the center with approximately ten to twelve re parked in that same block with the same amount of space open into that block just across from the rport. He said the Council was talking about three to five additional parking spaces and he was saying ere was ten to twelve additional perking spaces that could be had. He stated that also, if he couldn't par are, they put their implements and trucks out there and they were blocking the street ,just as much as he i and if the street was to be blocked, it was going to be blocked to them just the same as it was to him - parking for anybody. Flo said that this was what he wanted and the Council would decide it. In answer to the question by Councilman McCloskey, &. Gage told the Council that one reason he was went at this meeting was that he would like to request further space in the block referred to by Mr. Kabas closed to parking also in order for them to get their equipment out of there. At this point there was an exchange between Mr. Gage and Mr. Kabasa regarding whether trucks were were not now parked on the street in the block being discussed and Mayor Carpenter called for order. Mr. Gage stated that he might say that they had been in business here for twenty years, had paid :ir taxes to Caron County for twenty years, and, when the street was oiled, the landlord paid his part of i oiling coats; that, at that time, they had requested that the curbs be made the way they are in order for m to be able to get in and out of their lot and not to take any parking off the street nor to leave their icks out on the street where there is supposed to be no parking. He said they wouldn't be able to operate get in and out of their lots whatever if there was parking all the way around and there were several places 517 where they still couldn't get in and out but they hadn't asked that everything be closed to parking; that the could live with this so long as the Kit Manufacturing Company would cooperate with them and move cars when they were asked to move them. Mr. Kabasa addressed Ma. Gage and said that dust because they were there for twenty years didn't give them the right to take the street away from the people of Caldwell; that, maybe at that time it was per - fectly all right for them to have the extra parking places but that now it wasn't as parking was very badly needed in that area. He repeated that he had seen their trucks parked on the street there and that if the Council voted on no parking there, it was going to be no parking for everybody. Councilman Keys referred to the four parking tickets that had been issued on one afternoon accord- ing to the Police Department records and said this had become quite an issue; that he didn't think the issue here was really providing parking spaces for a lot of people in that they were talking about possibly five spaces which would somewhat curb the operation of these two businesses and he didn't think it was worth it. Councilman Keys also referred to certain derrogatory remarks made by Mr. Kabasa about the Council's intention and ability at the last meeting and he thought the parking was not the reason. Mr. Kabasa replied that if it was going to be a law for him it was going to be a law for everybody also and stated that of the tickets issued that day, he had paid $17.$0 and the others were dismissed. Mr. Kabasa was then informed that his argmment then was with the Court and not with the Council, and, after further remarks by Mr. Kabasa concerning the City Police Department, Councilman Dakan explained tc him that the Police did not fine him but only issued the citation which was all they would do for anybody else; that he th light Mr: Kabasa would find that the City had a very good police department and, if a oar was found in a no parking space, he would find that a citation was written. After some further discussion concerning any violations of City ordinances when equipment was left in the street and the parking of mobile housing units or parts of mobile housing units in the street for prolonged periods of time, it was explained by the Chief of Police that there was no City Ordinance that governed this. Hs said however, that when they had received complaints, they had suggested to the Kit Manufacturing Company that park their trailers in locations where there were no businesses and the street wasn't being used for other parking. He said that this was the way it stood at the present time. Further discussion followed afterwhich; it was moved by Councilman Banks, seconded by Councilman r YmCluakey, that the parking be left as it is between Evens and Crookham. Before voting on the motion, Councilman Martin referred to Councilman Keyrs report in that the firm needed a fourty foot agrees on to Airport and, he inquired if the area now, including the no parking, was more than fourty feet. Councilman Keys replied in that it was the full block and said that the basis for suggesting that parking should remain restricted was not to get the equipment in and out but to keep from congesting the street. Councilman Martin spoke in that his concern was that the no parking areas were extended further than was required by this particular business and said that if the businesses' could do with less space for exit out onto Airport Avenue and this would provide more parking convenience wise, and, if they were willing to settle for leas footage in the no parking area; then he thought the no parking area should be shortened up. On the other hand, if the Council said they needed all they have, he wouldn't argue. After some further discussion; the question was called for when all Councilmen voted in the affirmative excepting for Oouncilman Martin who voted no. Mayor Carpenter declared that the motion had carried. Permit for Carnival approved - Caldwell Jaycees Mr. Jack Raymond, President of the Caldwell Jaycees, was recognized and he told the Council that ! he was accompanied by Tic. Tom Busse, Pice_President; and he said they would again like to hold their annual Carnival with the dates they had tentatively affirmed with Yr. Williams in Twin Falls being June 7th through June 13th. He said these dates would not conflict with the Rodeo's activities later in the summer and, at this time they would ask for a waiver of fees by the City as had been done in the past. Mr. Raymond also told the Council that they would like to hold this in a different area than they had in years! past and not use the Stadium facilities in that they felt the attendance would be greater and more accessable to the people down in the Park area where it used to be some years ago; that whether this needed to be in the Permit 518 application or whether it should be considered at this meeting, he didn't know. He identified the location requested as being where the old armory was located and said there was quite a bit of parking available in this area. Councilman MoCluskey referred to the problem last year when the Jaycees had requested that the location be in the downtown area and the problems this had brought about; he said that this was what he had rather expected to come up again; however, he thought that anything the City could do to help the Jaycees in holding this in a different location where they thought they may get more activity he would certainly lik to go along with them. With reference to the downtown location, Mr. Busse stated that Mr. Williams had been in town about six weeks ago and he had had some experiences in Payette with the downtown location; that he had said it wen - wall for a couple of years but then grew old and the problems didn't really justify the placement in the downtown area. Mr. Busse stated further that Mr. Williams had suggested the other location where it would still cater more or less to the downtown area and perhaps would bring some traffic through downtown, and, he had talked to some of the retail merchants and they planned to try to tie some promotion in with this. In answer to the question as to how much the Stadium had taken in from the Carnival last year, Mr. Raymond stated that he didn't recall the exact figure but believed that it was something less than $300,00; however, he said there had been problems last year in that they couldn't get fencing and control the entranc( to the Carnival grounds. Also, in answer to the question, he stated that they had not discussed a change in location with them. Councilman Martin referred to the time and efforts made to move the Rodeo grounds from the Park location, and, to the money invested by businessmen and others in the present location. He said he objected to having the Carnival in the residential area and said that a Carnival was not a one night stand such as the Foorth of July fireworks display which he would have no objections to should this come back into the Park area; that he thought this would be wonderful but not the Carnival. Mayor Carpenter suggested that the two requests be separated and asked for consideration of the request for waiver of fees for the tentative dates proposed. It was then moved by Councilman Banks, seconded by Councilman Dakan, that the fees for a Permit for the Carnival from the 7th through the 13th be waived. A vote was taken and the motion carried. In answer to the question by Councilman Keys as to whether the Jaycees were requesting this change. in location now, Mr. Raymond stated that this was their conversation with Mr. Williams and, if it were possible, he would like to have the location at the Park and, in talking with the merchants, this rather tied in with bringing the Carnival in closer to the downtown area; that they were trying to look at all of the aspects of it and they didn't realise that they needed to request a change in location. It was stated that, in as much as this was a part of the Park area, the determination should come from the Council as to whether or not the Carnival could be located there. Councilman Martin referred to the coming Rodeo and Carnival at that time, and, stated that should the City permit the Jaycees to locate their Carnival at the Park location, and, if the Rodeo Carnival should then want to locate at the Park, they couldn't very well say no to the Rodeo Carnival; that maybe they had better move the Rodeo back down to the Park. Councilman Keys suggested that perhaps this question didn't need to be settled at this meeting and the Jaycees could firm up their plans with the retail merchants; that, should the retail merchants request this location along with the Jaycees, it would then be better to make a judgement rather than at this time. He said that if they were planning an overall promotion with the stores and felt that this was the area to do it in, he didn't see to much wrong with that but, if it was just to have the Carnival at the Park location, he felt more like Councilman Martin in that maybe the Carnival ground should be at the Stadium. Councilman Martin referred to the hours of the Carnival in comparison to the hours during which the stores were open and said that, if a person was going to a Carnival, he was going to a Carnival and wasn't going downtown to shop; that there was no relation between the two. _J J 519 After considerable more discussion, a motion was made by Councilman Mc Cluskay that the request for the Park location for the Carnival be tabled until a later date. There not having been a second to the motion of Councilman McCloskey; it was moved by Councilman Martin, seconded by Councilman Banks, that we deny the request for the use of the Park facilities for the Carnival and that it remain where it is. A vote was taken with Councilman Banks, Martin, and Daken voting it the affirmative and Councilman McCloskey and Keys voting in the negative. Mayor Carpenter declared that the motion had carried and the request of the Jaycees to hold the Carnival at the Park had been denied. Councilman Banks explained his vote to Mr. Raymond by saying that he felt the Carnival should be held in the Stadium area in support of the Stadium and, as Councilman Martin had mentioned, the rodeo and carnival had been moved from the Park area because of the residents there and their objections to the rodeo and carnival being located there. Assessments of Municipal Irrigation System approved Mayor Carpenter then 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 Boll. It was moved by Councilman Oaken, seconded by Councilman Martin, that the Assessment Roll of the Caldwell Municipal Irrigation System be approved and that notices of assessments be prepared and mailed. A vote was taken and the motion carried. Honorary Free membership in Caldwell Chamber of Commerce accepted Mayor Carpenter then referred to a request from the Chamber of Commerce for the City to become a member as discussed at the previous meeting with a membership fee of $60.00 a year. He said it had been re- quested by the Council that the Mayor contact the City of Boise and the City of Nampa and to bring back in- formation as to what their connections were with their respective Chambers; that, in discussing it with the Mayor of Nampa, he had been told that the City is a member of the Chamber of Commerce with their dues being $50.00 a year but neither himself or any members of the Council were members of the Chamber in other capacities; and, in talking with the Mayor of Boise, he had found that they were not a member of the Chamber of Commerce although the Mayor was a member because of other affiliations. Mayor Carpenter stated then that it was his recommendation to the Council that, in as much as the City contributes $1,500.00 and had done so for the past two years, for Christmas Decorations, that they couldn't justify an additional membership fee; also, the majority of the members of the Council were members of the Chamber and held different Committee assignments within the Chamber of Commerce. i Councilman McCloskey commented with regard to the proposed membership for the City in the Chamber of Commerce and said that he didn't think the Chamber, as such, was looking for the fee but, what they were looking for more than anything else was just possibly a letter stating that the City would cooperate on any projects of the Chamber that were beneficial to the City of Caldwell as a whole and the City would be on more or leas of an honorary basis. He said that, in talking to Mr. Jensen,. Mr. Maniela, Mr. Oraves and some of the other members of the Chamber, this was the general concensus of thinking. In answer to the question regarding waiver of the fee by Councilman Dakan, Mr. Jensen presented the following statement: CHAMBER CF COMMERCE 316 South Tenth Avenue Caldwell, Idaho 83605 Date March 1, 1971 City of Caldwell City Hall Caldwell, Idaho 83605 Amount MEMBERSHIP DUES: HONORARY FREE MEMBERSHIP 1971 -0- I It is the wish for continued progress together that this membership is offered to the City of Caldwell free of charge from the Caldwell Chamber of Commerce. /S/ Joe Jensen Chamber Manager 520 Mr. Jensen then requested that this be placed on file and said he also had an Application for Honorary Membership if he might have the signature of the Mayor. It was then moved by Councilman Dakan, seconded by Councilman Nerluskey, that the City accept Honorary Membership in the Caldwell Chamber of Commerce, A vote was taken and the motion carried. Mayor Carpenter said that he would like to make a statement in that he felt, as he had mentioned on numarcua times, that he was sure that they, as City Officials, desired to be real cooperative with the Chamber in their activities and would support them in any way they could; that they liked to be involved in the Chamber's activities the same as they would like for the Chamber to get involved in City activities, He said that he would be happy to sign the application for Honorary Membership on behalf of the City. It was suggested by Councilman McCloskey that the Mayor prepare a letter containing the statement just made and that it be attached to the application for !return to the Chamber of Commerce. Results of bidding on the Blaine Street extension announced Mayor Carpenter then informed the Council as to the results of the bid opening for construction work on the Blaine Street couplet at the State Highway Department office on February 23rd. He said there were three bidders with their bids being in the following amounts: Morrison - Knudsen Company of Boise ----------------------------- - - - - -- $ 365,309.20 Nielsen & Miller, Inc. from Twin Falls ----------------------- - - - - -- $ 351,656.36 Galey Construction Company from Boise ------------------------- - - -- -- $ 435,532.20 Mayor Carpenter added that the apparent low bidder was Nielsen & Niller, Inc. and said that it shouldn't be too long before we would see some activity on the Blaine Street extension. Bids received on sale of Bonds of L.I.D. No. 65 Mayor Darpenter then announced that this was the time set for receiving bids pursuant to legal notice for the sale of bonds of Local Improvement District No. 65 in the principal sum of $5,550.09 and he inquired if anyone was present for the purpose of offering a bid. It was determined that no one was present for this purpose. Resolution No. 5 Councilman Dakan sponsored the following Resolution and he moved passage: RESOLUTION N0. 5 BY COUNCILMAN DAKAN I A RESOIDTION CCNFUMNG THE SAIE, ISSUANCE, PRINTING, EXECUTION AND DELIVERY OF THE BONDS OF LOCAL IMPROVE- MENT DISTRICT N0. 65 OF THE CITY OF CALWELL, IDAHO, TO THE FuPCNASERs THER-OCF. WHEREAS, The City of Caldwell, Idaho, on the 1st day of March, 1971, at the hour of 8:00 o'clock P. M., pursuant to due and legal notice has offered for sale the bonds of Local Improvement District No. 65 of the City of Caldwell in the principal sum of $5,550.09, and WHEREAS, Bids have been received from five persons to purchase siad bonds at their principal amounl with a rate of interest thereon at five per cent per annum, with the purchase money therefore being tendered with the bid, and the bids of said persons being the only and best bids therefor, and WHEREAS, It appears in the best interest of the City of Caldwell, that the b onds of said persons be accepted and said bonds sold to said persons; NCW, THEREFORE, BE IT RESOLVED By the Mayor and Council of the City of Caldwell, Idaho: Section 1. That the bids of the persons hereinafter named in Section 2 of this resolution, for the purchase of the bonds of Local Improvement District No. 65 in the City of Caldwell in the principal sum of $5,550.09 with a rate of interest thereon at five per cent per annum, be accepted and said bonds be sold to them accordingly. Section 2. That the number, maturity date, purchaser and amount of each of said bonds is as follows: BOND NO. MATURITY DATE PURCRA5M AMOUNT 1 - 3 1972 George E. Williams $350.09 4 - 6 1972 Ban Doner 300.00 7 - 12 1973 Ben Donor 600.00 13 - 15 1974 Ben Doner 300.00 -16 - 18 197L nary Humphrey 300.00 19 - 24 1975 Mary Humphrey 600.00 25 1976 Mary Humphrey 100.00 26 - 30 1976 Margaret Humphrey 500.00 31 - 35 1977 Margaret Humphrey 500.00 5z1 BOND NO. MATURITY DATE PURCHASER AMOUNT 36 - 40 1978 Blanche Waterman 500.00 41 - 45 1979 Blanche Waterman 500.00 46 - 50 1980 Blanche Waterman 500.00 51 - 55 3.981 Blanche Waterman 500.00 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, and Dakan. Negative votes: none. Absent and not voting: Davenport. Mayor Carpenter announced that Resolution No. 5 had passed. Application for Beer License denied - 7- Eleven Store #23 An application for a Beer License from Southland Corporation d/b /a 7- Eleven Store #23 located at 10th & Elgin was next presented for the consideration of the Council with the application being accompanied by a receipt from the Clark for the required fee. The following letter was read from the Chief of Police: Larch 1, 1971 To: The Honorable Mayor and City Council From: The Chief of Police Subject: Application for 1 WWI' beer license for 7 - Eleven Store Gentlemen: Mr. Harry JONES, 3708 Normandie, Boise, Idaho, has made application in the name of Southland Corporation - d.b.a 1 7- Eleven Store #23" located at 10th and Elgin Streets, Caldwell, Idaho for a beer license to sell beer none of which is to be consumed on the premises. YV investigation revealed that Mr. Harry JONES is a bona fide resident of the State of Idaho, that he is qualified under Section 23 -1010 of the Idaho Code, that he has not been convicted of any felony in the-.past five (5) years and that he is of good moral character. However, there is a violation of Paragraph (2)(b) of Section 23 -1010 of the Idaho Code in that Section 4 -7 -4 paragraph E of the Caldwell Code provides that the building where any beer is sold must be at least 600 feet from any school or church. This 7- Eleven Store #23 is located at the corner of 10th and Elgin Street and is only 488 feet from the Caldwell Holiness Church which is located at 521 North 9th Avenue, Caldwell, Idaho. Therefore, unless there would be some type of variance to waive the distance to the church, I would have to recommend that the beer license be denied, however if the distance were to be waived, then I would recommend that the license be issued. Respectfully, I /S/ Charles W. Astleford Chief of Police A map of the location as prepared by the City's Fngineering Department showing the measurements between the two locations, measured as set forth in the City Code, was presented for the consideration of the Council. After some discussion.; it was moved by Councilman Martin, seconded by Councilman McCloskey, that because of the information at hand, the application of Southland Corporation d/b /a 7- Eleven Store #23 for a beer license located at Tenth Avenue and Elgin Street be denied. A vote was taken and the motion carried. Bill No. 7 - Burning Regulations Mayor Carpenter then informed the Council that the proposed Ordinance setting forth burning regu- lations as previously discussed by the Council was ready for further consideration after having been reviewed and changed somewhat by the City Attorney as racommended by the Fire Chief. Councilman McCloskey then introduced all No, 7, entitled: AN ORDINANCE TO AMEND TITLE 7 OF CITY CODE OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO, BY ADDING THE FOLLOWING WHICH SHALL BE DESIGNATED AS CHAPTER 5 OF SAID TITLE T. which was read for the first time as follows: HE IT ORDAINED BY THE MAYOR ANC DOUNCIL OF THE CITY OF CALDWELL, CANYON COUNTY, IDAHO: That Title 7 of City Code of Caldwell, County of Canyon, State of Idaho, shall be amended by adding the following which shall be designated as Chapter 5 to said Title 7, and which pertains to open burning by declaring purpose, providing definitions, providing restrictions and exceptions, providing requirements for burning providing that non - compliance shall be deemed a misdemeanor, providing for safety measures, limiting emission of air contaminants, and providing an effective date. Section 1. Purpose. The purpose and intent of this ordinance is to eliminate all forms of open i burning except those for which there is no means of producing a similiar public benefit, or such as may be permitted herein. Section 2. Definition. open burning means the outdoor burning of materials where the products of I 51,2 combustion are not directed through a duct, passage, smokestack or chimney. Section 3. General Restrictions. Except as herein otherwise provided, no person shall allow, suffer, cause or permit the open burning of materials which emit toxic contaminants, large volumes of smoke, particulates or odors. Section L. Allowable Burning. (a) Fires used for the preparation of food, campfires and fires for recreational purposes, under control of a responsible person. (b) Fires used for control or alleviation of fire hazard or for weed control when no alternate control method exists. (c) Fires used in the training of organized firefighting personnel. (d) Properly operated industrial flares for combustion of flammable gases. (e) Readily combustible rubbish produced by operation of a domestic household may be burned on the property from which the rubbish was generated, if no collection and disposal service is available and each is approved by the Mayor and Council. This shall include gardening waste if approved by the Fire Chief. Rabbis is ddfined as non- putreacible solid waste except abandoned vehicles and car bodies or car body parts, indus- trial solid waste and agricultural solid waste. (f) Open burning of junked motor vehicles shall be permitted by the Council and when permitted by the Council shall be under the following additional conditions: 1. No burning will be allowed on Saturday or Sunday. 2. Bruning hours shall be between 10:00 a.m. and L:00 p.m. 3. Number of units ;to:be burned it any one location at one burn shall be limited to 100 unless otherwise approved by the City Council. L. Tires and floormats shall be removed prior to burning. 5. Every reasonable effort shall be made on the part of the salvage operator to prepare the units in such a manner that rapid and efficient combustion will occur. Any burning of motor vehicles deemed necessary by the Council shall be conducted at one or several centralize locations. Such locations shall be approved by the Idaho Air Pollution Control section and the Idaho Solid Waste Control Section of the State Department of Health. (g) Burning of plant life grown on the premises in the course of agricultural, forestry or land clearing operation. (h) During the months of April and October, the City Council after consultation with the Idaho Aix Pollution Control Section of the State Department of Health may establish "clean-up weeks" during which property owners will be allowed, with special permit, to burn shrubbery, trimmings, grass and such other naterials at such times and in such manner as may be designated in the public proclamation. Section $. Requirement for (a) Permit Bsgnired. No person shall conduct burning within the provision of Section 4 on or in arty public street, alley, road or other public ground without a permit or other proper authorization. (b) Attendance of Open Fires. All open burning shall be constantly attended by a competent person rntil such fire is extinguished. This person shall have a garden hose connected to the water supply or other .'ire extinguishing equipment readily available for use. (c) Chief may Prohibit. The Chief of the Fire Department may prohibit any or all open burning then atmospheric conditions is published by the weather bureau or the environmental services to burning or rhen local circumstances make such fires hazardous. Section 6. Visible Emissions. No person shall allow the emission of any air contaminant for a reriod or periods aggregating more than three (3) minutes in any one hour which is: (a) Darker in shade than that designated No. 2 (LOO density) on the Rirgelmann Chart as published iy the United States Bureau of Mines; OR (b) Of such opacity as to obscure an observer's view to the same degree as an emission described n (a) above. 523 i Testing shall be done in accordance with the Procedures Manual for Sampling and Analysis of Air Pollutants, published by the State Air Pollution Control Commission. The visible emissions regulation applicable to equipment installed after the effective date of this ordinance shall be as above, except that the criteria for determining compliance whall be Ringelmann No. 1 os equivalent opacity. The density or opacity of an air contaminant shall be measured at the point of its emission if observable, and if not shall be measured at an observable point on the plume nearest the point of emission. Section 7. Any person violating any of the provisions of this ordinance or wilfully refusing to comply with any proper requirements of the designated officer shall be deemed guilty of a misdemeanor. Each day a violation of the provisions of this ordinance continues shall constitute a separate offense. Section B. Nothing in this ordinance shall be construed as repealing or amending in any way any safety provisions of the fire prevention code heretofore adopted by the City. All of the safety requirements therein prescribed for outdoor burning, bonfires or rubbish fires, shall be required of all persons holding permits under the provisions of this ordinance. Section 9. This ordinance shall be in full force and effect from and after its passage, approval I 7 land publication, according to law. In discussing the Bill, Councilman Martin referred to item 5. of paragraph (f) under section b and stated that, as this was written, he would take it that it presumes that the City was going to do something about a junk car ordinance and we are going to make arrangements either for a salvage operator to take care of these burnings or the City was going to have to; that a regulation would be adopted here, which he didn't question and thought was proper, but in relation to a dunk car ordinance he thought something was going to have to be done to carry that forward and find a place to put the dunk car vehicles where they can be burned or this Section of the ordinance on open burning didn't apply to anything. Councilman Martin added that he thought the two should go forward together and, if they adopted this ordinance it was fine but, they should go ahead and resolve the other ordinance. Pare Chief Harold Perfect told the Council that there werel conditions when the burning of junked vehicles shouldn't be allowed and he said that it was set forth in the proposed Ordinance that the Council would have to give permission before it would be allowed; that the Section was put in originally where burnin permission requests ware filed with the State and he thought this was the reason it wag carried on through into this Crdinance. He also stated that it had been the policy of the Fire Department and the City Council in years past not to allow any burning of junked vehicles within the city limits, and, under the provisions of this Ordinance, the City Council would need to give permission; although, it was his opinion that he didn't think the City should allow the burning of dunked vehicles within the city limits of the City of Caldwell. Councilman Martin then referred to item 3. of paragraph (f) and the limitation of the number of units to be burned at any one location at one burn being 100 unless otherwise approved by the City Council and he commented on the need for another ordinance to collect the vehicles. Mayor Carpenter commented in that there were always someone disposing of junked care, now, in one way or another, within the valley. Mr. Perfect then told the Council that this was originally written to have to do with Salvage Ya and they would need to gather together 100 or more before requesting to burn in order to do it all at one time and cut down on contamination. After some further discussion, it was agreed that the Bill could be considered again at the next meeting of the Council and no further action was taken at this time. Proposal presented for engineering services - Mr. Ron Blakley Mr. Edon 6iakley }sae +then recognized and he referred to the proposal to provide engineering servi for a proposed Local Improvement District to provide sewering within ten areas within the City. He indite the areas on a map and said that areas one through nine were those mostly requiring new services and area was acoessable,:for the most part, to existing trunks or mains and would need lateral extensions; that ar 524 other than area ten mostly would require the design and extension of the main and trunk system as wall as the laterals with some requiring lift stations. He said that the proposal he had prepared was to provide the engineering services for all of these areas which may be included in a Local Improvement District with the proposal being to provide services for preliminary investigation, field work and design, preparation of the and plans and specifications for bidding, supervision of the letting of bids /general supervision of work during construction, but not provision for residence engineering services. He said some of the work would entail working with the City Engineering Department, such as the testing program for which the City would furnish the equipment and operator for the test borings, under his firm's supervision; that they would evaluate the tests and report from the testing; the City would be responsible for providing descriptions of property ownerships within the District and his firm would prepare the maps. Hr. Blakley stated that, at this time, he didn't have much in the way of suggestions for the solutions to the problems but this was what they would come up with from their engineering studies and, if the entire area outlined was to be served, they would be talking of a project somewhere in the magnitude of a million dollars; that they had roughly estimated, at this time, of somewhere around $300,000.00 to $350,000.00, and, they proposed that this work would be done so that construction could get underway this fall. Mr. Blakley commented farther in that they were aware of the i problems now where houses in these areas couldn't be served by sewers and everyone was aware of the need; that he would answer any questions by the Council in regard to the proposal. City Engineer Mel Lewis pointed out that the problems of securing rights -of -way in this project would most likely be tremendous and he pointed out smaller areas in the City which hadn't developed because of such problems, and, he pointed out that there may need to be some alternate solutions for the routing of mains or a determination to put more sewer mains in street rights -of -way, which the City nad attempted to avoid in the past. He pointed out that he thought the primary purpose of the Local Improvement District wou be to provide the mains where all areas could be served and those laterals that were necessary to serve existing houses in existing developments. Mr. Blakley stated that they had attempted to come up with some estimate of cost for obtaining right -of -way and hadn't been able to come up with much because the percentage of the area that was undevelop] ad was large in comparison with the amount of work to be done and in comparison with any other jobs of this type which they had completed; that they had suggested in their proposed contract that this be handled on a force account or an hourly basis. In answer to the question, City Engineer Mel Lewis stated that he would propose that all areas be placed in one local Improvement District and he would propose to assess each area in proportion to its iniqueness, such as in the case of a pumping station, etc; also, in answer to the question, it was stated that it was not intended that the City, as a whole, pay a part of the cost of the local Improvement District. Mr. Lewis stated that he hadn't had time to review the proposed contract in detail and suggested that all of the Council, or the Committee, might wish to sit down with him and review the contract as it was lengthy, and see if this was what they wanted to do. He also mentioned something he had read in the paper, which he thought the Council might be interested in, and this was concerning some changes in the bonding law in that the law was not exclusive of property owners within Local Improvement Districts. He said that this wouldn!t be known until the law came out but that, if anyone could vote on a Local Improvement District as they could for General Obligation Bonds, there might be a different picture in the formation of local Improve ment Districts from the procedures in the past where the Districts were formed by Petitions. He stated that this should be looked into. Councilman Martin stated that he thought the law referred to was House Bill 101 regarding General Obligation Bonds. He said this Bill had been passed by both houses and signed by the Governor and it amends various sections of the Idaho Code in eliminating the requirement that only property taxpayers could vote in an election authorizing General Obligation Bonds, but, he didn't know how this would relate to revenue bonds. In answer to the question, the City Attorney stated that it had always been his understanding that Wcal Improvement Honda were not bonds of the City in that they were not a general obligation of the City 525 i � T but he was not aware of what might be involved in this particular Hill being discussed; however, he doubted that it would apply to local Improvement Districts. Some discussion followed as to the procedures and needed determinations in forming the proposed Local Improvement District such as any legal determinations, determination of the Council in how the Distrii would be formed and the areas to be included, as well as whether or not some areas would need be and should be forced into the District in order to provide the needed sewer mains for development of those areas. In discussing the manner of assessing the different areas within the proposed Local Improvement District, the City Attorney stated that he thought the law was pretty liberal in what the City could do, or, in other words, if the costs were high in one area and those people were benefited, he thought they could be assessed acording to the benefits of the property in question.as long as it was fair and was assessed as to the benefits actually received. Mr. Davis stated that he hadn't carefully studied this but he thought the intent was to spread the costs and pay for the improvements according to the benefits derived. Fr. &'akley referred to projects in some of the other cities where they had done this on an area type of an arrangement, they had bid them according to the areas under one contract with each bid item being separate by area so that the costs could be specifically oriented in assessing the costs. He said it had worked out well that way. City Engineer Mal Lewis also pointed out that, in the formation of the District and to be consider. ed in making these determination, was the fact that Mr. ffiakley was going to be asked to do a certain amount of work and, in supposing that an area within the proposed District didn't carry, Mr. ffiakley was to be paid for the work he had done in that area in accordance with the rate schedule included as a part of his Contract. Mr. Lewis pointed out that undoubtedly the work would be done at some time in accordance with the design but it may not be until a later date. Mr. Lewis also pointed out that the boundaries of the District would not necessarily be limited to what was proposed because he was sure that there may be additional blocks which, if they could be gotten ready and it was their desire, they could also be included in the ;'formation of the District. In other discussion regarding the securing of easements, it was agreed that this wasn't necessarily classified as engineering but that it was going to take engineering time by either Mr. Blakley or by the City's engineering staff because design was involved as well as physical features and grades being involved. In answer to the question, Mr. ffiakley again pointed out that right -of -way acquisition was not incorporated as a part of the contract excepting through the hourly fee schedule for assistance which amounted to forced account work. Mr. Lewis explained that this was hard to determine in that after designs had been established as to what needed to be done and determinations made as to where sewer mains should logically be located; then, determinations would need to be made as to who was going to secure the right -of -way and he pointed out that for areas not subdivided, there had been no easements provided for sewers,and, much of this area was not subdivided. After some further discussion, Mayor Carpenter stated that he would set up a time when either the Council as a whole or the Committee could most with the City Engineer, and, he suggested that perhaps it would be better for every member of the Council to attend the meeting if they could. No further action was taken at this time. Sewer Easement approved - to be recorded City Engineer Mel Lewis then presented a sewer easement from area Moss and Dee C. Moss, husband an wife for a short sewer extension. He recommended that the easement be accepted and that the Clerk be instru ad to record it, It was moved by Councilman Hanks, seconded by Councilman Mc Cluskey, that the sewer easement from Cree Moss and Dee C. iross be accepted and that the Clark be instructed to record the same. A vote was taken and the motion carried. (Inst. //656669) Cemetery Plat discussed City A:gireer Mel Lewis then referred to an area of the City Cemetery located on the rim and identified as the area for County burials. He stated that the Cemetery Sexton had asked that it be redesign. I 526 ad for purposes of irrigation and the question had been asked as to whether this should all be for County burials or should it become available for everyone. Eta. Lewis stated that, if it should become available fo: everyone, it could be plated in small lots or spaces the way it is now if the monuments were to remain flush but, if there were to be up -right monuments, then it would need to be replatted and, in doing so, there wool be fewer spaces in the re- platting than there were originally. also, Mr. Lewis stated that it had been nose that perhaps these would be premium sites and were worth more money so, he had made some calculations. He said that if the property was all left as originally platted, there would be 365 spaces in this particular pl If it were re- platted for upright stones, there would be 261 spaces because the spaces were larger. Now, th cost per space at this 'time was $50.00 and this multiplied against 365 would amount to $18,250.00 which wool be the ultimate income from these spaces, if they were left flat. 261 multiplied by $$0.00 would amount to $13,050.00 or, to gat the same income out of the property with the larger number of lots, it would be recess ary to raise the price of the lesser number of lots to $70.00 per space. In discussion, Councilman Banks stated that he thought it was more important to bury more people and to use the flat stones. Councilman. Dakan stated that there was no reason why the City couldn't get $75.00 per space, even with the flat stones, He said it was far more acceptable is long as there was a section open and available for up =rights and there was a choice but he didn't think it should be shut off because people wanted up -righ two to one over the flat markers in that it was a tradition of the Cemetery. He said that, as far as out on the rim, this was all flat anyway and there was absolutely no reason why the City couldn't go to the small spaces here for just flat markers and increase the price $25.00 per space and that these would sell quicker than those that are in the new section because it was considered to be in the developed part of the cemetery and of more value to people who were in the market fer that type of property. City Engineer Yel Lewis pointed out that there would be a need to provide founty spaces somewhere and suggested that this be in the flat area dorm below, then this could be re- platted and submitted to the Council with the statement on the Plat that it was to be flat markers only. In discussing the need for a motion to increase the charges in the re- platted area to $7$.00, it was pointed out that this would require an amendment to the City Code. It was then moved by Councilman Keys, seconded by Councilman Dakan, to proceed with the of the rim section as discussed, A vote was taken and the motion carried. Indemnity Agreements approved - #37, #38, & #39 Indemnity Agreements were then presented for the consideration of the Council, indemnifying and saving harmless the City of Caldwell, its Mayor and Council against any and all loss, damage, costs and ex- penes, which may hereafter be incurred by reason of the use of the following described burial lots located in the Caldwell Atmicipal Cemetery: By Cassie Zimmerman for burial of Victor E. Martin in Space 3, Block 65 of Lot 164 ( #37) By Cassie Zimmerman for burial of Dorothy Martin in Space 4, Block 65 of Trot 164 ( # 38) By Floyd Shelp for burial of Wilbur Shelo in Space 3, Mock 68 of Lot 58 W2 (#139) It was moved by Councilman Banks, seconded by Councilman NcCluskey, that the Indemnity Agreements be approved. A vote was taken and the motion carried. Report of Police Department The monthly report from the Police Department for the month of January, 1971, was read for the consideration of the Council and was ordered placed on file. Application for Pool License approved An application for a Pool License for President Enterprises at 612 Min Street was presented for the consideration of the Council with said application having been approved by the Chief of Police and being accompanied by a receipt from the Clerk for the required fee. It was moved by Councilman McCloskey, seconded by Councilman Banks, that the application for a Pool License for President Enterprises be approved and that the license be issued. A vote was taken and the motion carried. Applications for Bartender Permits approved Applications for Bartender Permits from Charlene Marie Holterman, Burton M. Collier, and Sandra L. i Brown were presented for the consideration of the Council. Each application had been approved by the Chief of Police and was accompanied by a receipt from the Clerk for the required fee. 527 It was moved by Councilman McCloskey, seconded by Councilman Banks, that the applications for Bartender Permits be approved and that the Permits be issued. A vote was taken and the motion carried. Iagislative report Councilman Fortin reported concerning H. B. #2011 which was supported by the Association of Idaho Cities and he said it was supposed to be out on the floor of the House on Wednesday for debate and either passage or rejection. He stated that he and Mayor Carpenter had spent two days in Boise with regards to the passage of this Bill and he thought they probably had done all the good they could do until it should happen to reach the Senate. Councilman Martin also reported that, at this time, there wasn't to much encouragement to report with regards to additional funds for street work and construction for Cities. Communication read from V. Jay Martin, Chairman - TV -CATV Committee The following communication from V. Jay Nartin as Chairman of the TV -CATV Committee was read to ti 11 Council: February 24, 1971 To: The Honorable Mayors and City Council CATV Committee Members - Treasure Valley CATV Committee: Gentlemen: Recently the House Business Committee of the Idaho State legislature held a hearing on House Bill Ab. 18 which proposed placing CATV in Idaho under Public Utilities Commission regulation. Opposing testimony was presented by LVO Calbe (Gen Coe) and their Boise attorneys, by CATV system operators in several cities in Idaho, and by the writer representing our 14 city CATV committee. We have been advised that HB 18 was killed in the House Business Committee by a 9 -0 vote. This leaves us with one hurdle before LVO Cable can begin system construction in Treasure Valley. We are still awaiting a favorable verdict by the Idaho State Supreme Court in the suit of the Boise Broadcasters (RTVB -KBOI) versus the City of Boise, challenging the city's right to grant a CATV franchise. As was reported in the February issue of the Gem City News, in a similar case, the New Mexico State Supreme Court ruled in favor of the city of Albuquerque. We are very hopeful that a similar finding will be made by the Idaho State Supreme Court in favor of the city of Boise. We need to be patient a little longer, and keep our 14 city TV -CATV Committee intact. Nothing would please the opposition more, at this point in time, than a fragmentation of our Committee. We must continue to maintain a united front..... if we do, we will win this battle, and the citizens, municipalities, and schools in Treasure Valley will ultimately receive and enjoy the benefits of Cable Television. Sincerely, /S/ V. Jay Martin, Chairman TV -CATV Committee Bills - End February It was moved by Councilman Partin, seconded by Councilman Mc Cluskey, 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 total as follows: Warrant Numbers 120 thru 155, General Fund: --------------------------------------- $ 3,454.83 Warrant Numbers 66 thru 87, Water & Sewer Fund: Water --- ----------- -- .. » ---- -- 770,72 Treatment Plant --- ..----- -- - - - - -- 1,347.57 Treatment Plant, Capital - --- - -- 215.00 Water, General Office ----- - --- -- 589.70 Warrant Numbers 129 thru ILO, Special Funds: Fire ------------- ------- - .. --- — 180.96 Cemetery - ---------------- - - - --- 25.47 Street ------ ----- -------- - ---- -- 1,158.75 Street, Capital ----------- - - - - -- 56.00 Sanitation ------------------- _- 57.60 Sanitation Contract ------ - - - - -- 7,375.23 Armory --- - --------------------- 120.00 Irrigation ---------------- - - - - -- 26.37 L.I.D. #65 - ------ --------- ------ 39.32 L. I.D. #66 --------------- ---- -- 95.26 $15,512.78 Warrant Numbers 300 thru 359, (excluding #300 and #301) General Fund payroll, F ebruary -------- --- ---------- ---- - ----- ° °----- ---- 31,230.56 Warrant Numbers 360 thru 419, (including #300) Special Fund payroll, February - - - -- 19,131.43 Warrant Numbers L-20 thru 446, (including #301) Water & Sewer Fund payroll, February - �7a986609� $73 A vote was taken and the motion carried. 525 It was moved by Councilman Dakan, seconded by Councilman Banks, that the meeting recess until 4:00 P. M. on the 8th day of March, 1971 for the opening of bids for improvement of the City's Sewage Treatment Plant. A vote was taken and the motion carried. The meeting recessed at 10:15 P. M. A mayor COUNCIL CHAMBERS MARCH B, 1971 4 :00 P. Mt The Council met pursuant to call 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 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 4:00 P. M. on the 8th day of March, 1971, for the transaction of all business in connection with the following objects: Consideration of Bid Opening on bids for improvement work on Sewage Treatment Plant, request for variance from A -A -A Realty, -and request for permit to sponsor a Circus as well as a request for waiver of fees. Witness our signatures this 8th day of March, 1971. Mayor Charles W. Carpenter presiding: Upon Roll Gall, the following Councilmen answered present: Charles C. Banks, Alfred H. McCluskey, James W. "Bill" Keys, V. Jay Martin, and James R. Dakan. Absent: C. A. "Chet') Davenport. Bid Opening - construction work at Sewage Treatment Plant Mayor Carpenter stated the purpose of the Special Meeting and, as the first order of business, he turned the meeting to Mr. Roger Bissell who was representing CH2M in the opening of bids for improvement wo at the Sewage Treatment Plant. Mr. Bissell told the Council that the receiving of bids was closed at four o'clock with only the one having been received from Watkins Construction Co. of Boise, Idaho. The one bid was then opened and Mr. Bissell reported from the bid submitted in that the bid bond had n filled out with Power of Attorney attached and that the compliance statements had been signed. The ,al of the bid was announced as being in an amount of $29,400.00 with it being indicated that the mechanics: - contractor being Drake Plumbing and Heating of Boise and the electrical being Electrical Service Co. of as. Mr. Bissell also announced that the Performance Bond was by United Pacific Insurance Company of se and he said that it seemed to be in order; that they would take the bid back to Boise, would then lyze the proposal to see that there were no discrepencies in the breakdown, make up a tabulation and send des to the City; also, they would check with FATQA so far as the grant approval was concerned. He stated t his estimate had been $20,000.00. Mr. Earl Reynolds told the Council that with a project of this size and of this proplexity, it was ficult to ger very many bids and they had obviously suffered from this. At the same'time, FWQA : rould want be certain that they were getting their money's worth and they were usually a little hesitant about approv, e project with only one bid. He said that they were going to analyze quite carefully what the contractor used for the basis of his bid and review the bid with the water quality people before making any to the City. It was moved by Councilman Banks, seconded by Councilman McCluskey, that the bid be taken under dvisement until a recommendation could be received from the Engineering Firm. A vote was taken and the