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HomeMy WebLinkAbout1965-03-15city council minutes411 Dated this 11th day of March, 1965. N. E. SMITH War John L. Eng rt - - - -� y erg The notion for passage was seconded by Councilman Davenport and under discussion, Mayor Smith stated that a levy of 521p mills would be required. A roll call vote was called for when the following Councilmen voted in the affirmatives Keys, Martin, Carpenter, and Davenport. Negative votes: none. Absent and not voting: Vassar and Luby. Mayor Smith declared that Resolution No. 6 had passed. Salaries and Wages approved The salary and wage schedule for employees of the City was referred to. It was moved by Counci Martin, seconded by Councilman Keys, that, in addition to the salaries and wages as recorded in the schedule, the following salary changes be approved and effective as of January 1, 1965: City Attorney --------------- ------- -------------- ---- - - - - -- $200.00 monthly Police Judge ---------------- -------------- ----------- - - - - -- $200.00 monthly Assistant Police Judge - ------ --- - - -- -- --- ---------- --- --- $ 35.00 monthly A vote was taken and the motion carried. There being no further to come before the Council; it was moved by Councilman Keys, seconded by Councilman Carpenter, that the meeting recess until 8 :00 p.m. on March 15th. A vote was taken and the motioi u nanimo usly carried. The meeting recessed at 9:15 P.M. - � or Ult er COUNCIL CHAMBERS MARCH 15, 1965 8 106 P. M. The Council met pursuant to recess and acknowledgement of notice in the following fora: We, the undersigned Mayor and Members of the City Council of the City of Caldwell, Idaho, do here- by acknowledge notice of a Recessed Meeting of the said City Council to be held in the Council Chambers in City Hall in the City of Caldwell, Idaho, at the hour of 6:00 P.M., on the 15th day of March, 1965 for the transaction of all business in connection with the following object: New and unfinished business. Witness our signatures this 15th day of March, 1965• r Ouj an D 9 GLt � Oun & T o.314. Tan ounce Mayor N. E. "Coley" Smith p iding: Upon Roll Call, the following Councilmen answered present: E. L. Vassar, Max Luby, James W. "Bill" Keys, V. Jay Martin, Charles W. Carpenter, and C. A. Davenport. Members of Boy Scout Troop #221 welcomed A delegation of Boy Scouts from Troop #221 were present for the meeting with Mr. Keith Elliott, their Public Affairs Counselor, and they were extended a welcome by Mayor Smith. Presentation of check for Franchise Tax - Intermountain Gas Company As the next order of business, Mr. Harold Engle, Manager of the local office for the Intermountain Gas Company, was recognised. Mr. Engle addressed the Mayor and Council and stated that he had a check from the Intermountain Gas Company in an mount of $11 ,928.03, the 3% Municipal Tax on gas revenue in Caldwell for the year 1964. He stated that it might be of interest to the Council to know that the Gas Company was now 8 rs old in Caldwell and this area with the City having received $68,000.00 by this means and, the City was also receiving $9,000.00 from the Canyon County property taxes paid this past year. 412 Mr. Eagle further commented in that the School Districts in Canyon County had received $41,000.00 from their Company this year of which $1$,000.00 went to District 132. He expressed his appreciation to the — Mayor and Council and their staff for the fine cooperation they had had and then presented the check in the aforestated amount. Mayor Smith properly thanked Mr. Engle in behalf of the City. Bill No. 6 - Ordinance No. 1043 Mayor Smith then referred to an action at the previous meeting of the Council on March 11th regard- ing a change in the zoning as it pertained to multi - living units in the Residential area and again presented the recommendations of the Planning Cortaaissiou. He than inquired if there was anyone present in the audience who wished to express themselves in this regard. Dr. J. W. Colson addressed the Mayor and Council and stated that he had spoken initially for their group. He said that there were a number of people who owned adjoining property to a particular area that they were concerned with; however, as they had expressed on the previous occasion, they felt that Caldwell had reached the point in development where, in the interest of all the people of Caldwell who might be faced with this problem later, that there should be some way to protect the property valuations and they were present here again to urge the Council to re- affirm what had been expressed at the last meeting. Mayor Smith pointed out that the proposed ordinance was not specifically designed regarding any one project as there were no projects that had been presented to the City of Caldwell for any consideration and this change which had come from the Planning Commission would control multi - living unit construction anywhere in the "AB" Residential Zonej however, if there was a specific project as he had understood there was, this legislation would control it. Mr. Wayne Fuller inquired as to whether or not the proposed change would eliminate apartment houses all together in the residential zone. Mayor Smith explained that it did not do this but it would change the requirements for placing them in the residential zone. Mr. Fuller then commented on the changes to be brought about in an area where an apartment house would be constructed, especially with respect to traffic, and said that he thought this type of legislation was an expression of forward thinking by the Planning Commission and they would like to see the Council act favorably upon it. It appeared that no other person or persons present wished to speak further on the proposed zoning change whereupon the provisions of the proposed ordinance were again discussed by the Council with Councilman Luby asking for clarification of the effect it would have on border -line areas near the Commercial Zone of the City and whether or not this ordinance would be to restrictive. It was pointed out that this would not prevent a future change in the zoning of an area from residential to co:amercial zone if conditions were such that a change in zoning would be warranted. Councilman Carpenter reported on the feeling of the Planning Commission and said that they felt it was good legislation for the future of the City, for the advancement of the City, and for the benefit of all o In answer to the question, he said that he didn't think it would curtail multi - living unit con - atruotion but that he did think there would be wiser choices of locations. After some further discussion, Councilman Carpenter introduced Bill No. 6, entitled: ORDINANCE AMENDING SECTION 6 -3 -2 OF CHAPTER 3, TITLE VI OF THE CITY CODE OF CALDWELL, IDAHO, SEGARDINO THS MITTED USES IN THE HAB" RESIDENCE ZONE AS THE SAME PERTAINS TO DWELLINGS AND APARTMENT HOUSES BY REQUIRING CIAL PERMITS FOR DWELLINGS OR APARTMENT HOUSES CONTAINING FOUR OR MORS FAMILY UNITS, PROVIDING AN EFFECT - DATE FOR THIS ORDINANCE TO TABS EFFECT, AND REPEALING ALL ORDINANCES IN CONFLICT THEREWITH. ch was read for the first time and the Council proceeded to consideration of Bill No. 6. It was moved by ncilman Carpenter, seconded by Councilman Martin, that the rules requiring that an Ordinance be read on as different days be suspended and that Bill No. 6 be placed on final passage. The Mayor directed the rk to call the roll on the above motion which resulted as follows: Those voting in the affirmative were: ear, Luby, Keys, Martin, Carpenter, and Davenport. Negative votes: none. Absent and not voting: none. Mayor declared the motion had passed by the necessary three - fourths majority and, the question being all Bill No. 6 pass? ", directed the Clerk to call the roll on the above question which resulted as Lows: Those voting in the affirmative were: Vassar, Luby, Keys, Martin, Carpenter, and Davenport. ative votes: none. Absent and not voting: none. Thereupon, the Mayor declared Bill No. 6 had passed 413 and the Mayor in open session of the Council duly signed and approved the Bill and the Clerk duly signed and attested the same which became Ordinance No. 3043. The Mayor directed the Clerk to make proper entry of the same and to cause Ordinance No. 1043 to be published in the News- Tribune, the official newspaper of the City of Caldwell, Idaho. Resolution No. 7 Councilman Vassar then sponsored the following Resolution and moved its passage: RESOLUTION NO. 7 BY COUNCILMAN VASSAR RESOLUTION AUTHORIZING THE SALE OF REAL PROPERTY ACQUIRED UNDER THE PROVISIONS OF LOCAL IMPROVEMENT DISTRICT AS MORE PARTICULARLY SET FORTH IN CHAPTER 29 TITLE 50 OF THE IDAHO CODE AND THE AURHORIZING OF THE SALE OF SAID PROPERTY PURSUANT TO SECTION 50 -2951 OF THE IDAHO CODE- WHEREAS, The City of Caldwell has acquired by Tax Deed under the provisions of Title 50 Chapter 29 of the Idaho Code the following described real property, to -wit: COMMENCING At the Northwest Corner of Lot 5 of Block 3 of MEADOW VIEW ADDITION to Caldwell, Idaho, according to the official plat thereof, now on file and of record in the office of the Canyon County Recorder; Thence East along the North boundary line of said Lot 5 a distance of 107 feet; thence South 15 feet; thence East 66 feet to the Fast boundary line of Lot 5; thence South along the East boundary line 5 feet to the Southeast Corner of Lot 5; thence West along the South boundary line of Lot 5 to the Southwest Corner of said Lot 5; thence North along the West boundary line of said Lot 5 to the point of beginning. The North 12 feet of Lot 24 with the exception of the East 1 foot thereof in Block 3 of MEADOW VIFdd ADDITION to Caldwell, Idaho, according to the official plat thereof, now on file and of record in the office of the County Recorder of Canyon County, Idaho. All of Lot 25 of Block 3 excepting the South 21 feet thereof of MEADOW VIEW ADDITION to Caldwell, Idaho, according to the official plat thereof, now on file and of record in the office of the Canyon County Recorder. BEGINNING At the West Corner of Block 42 of GOLDEN GATE ADDITION to Caldwell, Idaho, according to the official plat thereof, now on file and of record in the office of the Carlton County Recorder; Thence Northeast along the Northwest boundary line of said Block a distance of 120 feet; thence at right angles Southeast a distance of 40 feet; thence at right angles Southwest a distance of 120 feet to the Southwest boundary line of said Block 42; thence Northwest a distance of 40 feet to the point of beginning. Lot 5 except the North 15 feet of the East 66 feet thereof and Lot 24 lass the South 135 feet and Lot 25 less the South 21 feet thereof, all in Block 3 of MEADOW VIEW ADDITION to the City of Caldwell, Idaho, according to the official plat thereof, now on file and of record in the office of the Recorder of Canyon County, Idaho. and, WHEREAS, Under the provisions of Section 50 -2951 of the Idaho Code, the City may sell such property to any purchaser upon receiving therefor a sum not less than the amount for which the property was sold to the city and by the payment of all installments of a ssessments subsequent to the one for which such property was sold and then due together with the penalties and interest thereon. Said purchaser shall take such property subject to any unpaid general taxes and assessments and to all local improvement district install- ments not then due, providing, that said purchaser pays for said property, in cash, lawful money of the United States of America, and, WHEREAS, It is the desire of the City that said property be sold in accordance with the statutes of the State of Idaho applicable. NOW, THEREFORE, BE IT RESOLVED By the City Council of the City of Caldwell: (1) That the City of Caldwell sell the real property hereinabove described in this resolution to any purchaser offering cash, lawful money of the United States therefor, and take said property, subject to the recitals hereinabove set forth in this resolution. (2) That upon the tendering of cash as herein provided and in the amount required by law, that th Mayor and City Clerk be and they are hereby authorized to sell said property to such purchaser and to issue such purchaser a deed, signed by the Mayor and attested by the City Clerk, which deed shall be executed and acknowledged in the manner required by law to entitle the same to be recorded under the laws of the State of Idaho. 414 The motion for passage was seconded by Councilman Davenport and a roll call vote was called for en the following Councilmen voted in the affirmative: Vassar, Luby, Keys, Martin, Carpenter, and Davenport gative votes: none. Absent and not voting: none. Mayor Smith declared that Resolution No. 7 had passed, port on other property taken by tax dead The City Attorney reported on other property which had been included in Local Improvement District 38 and said that the property was located in the Golden Gate Addition and was in the name of Wayne Rogers informed the Council that the City had taken tax deed to the property and that it was actually a part of it w uld be a city street with the assessment on the property being in an amount of $13.55; that the City sasurer would need authori from the Council either for the purchase of the property by the Street �artment or the funds of the Local Guarantee Fund. City Engineer Mel Lewis described the location of the property in that it was a part of what would Sixth Avenue between Ithaca and Joliet Streets but that it was only about one - fourth of the right -of -way t would be needed and that he wasn't sure whether or not the other three - fourths of the necessary property be available. It was agreed that no action would be taken in this matter without further investigation. Tax Deed referred to - property of Edith Gentzler The City Attorney informed the Council that, with reference to the tax deed taken to the property of Edith Gentzler in August of 1963, this was a different matter in that the deed was taken for the failure to pay the Irrigation Tolle and that this would take a different action from property taken by tax deed in a Local Improvement District. He requested the guidance of the Council as to what action they would like to take in this matter; however, it was agreed that no decision would be made at this meeting and the City attorney would be advised at a later date. lecommendation for amending City Code - Dogs Mayor Smith directed the attention of the Council to Sections 9 -3-2 and 9 - of the City Code and stated that he would like to recommend to the Council that Section 9 -3 -2 be amended to provide for a penalty 5c anyone failing to license a dog and that 9 - -8 be amended to provide for a fine of $5.00 for the first :ffense, $10.00 for the second offense, and $25.00 for the third offense. It was agreed that the City Attorney should look into this matter and prepare the necessary :rdinance for consideration of the Council. , ppointment to Gas Fitters Board - Robert Warwick Mayor Smith informed that Mr. Ralph Richardson, a member of the Us Fitters Board, had gone out of nusineas and that he would like to appoint Mr. Robert Warwick to the Gas Fitters Board to fill out the unex- dred term of Mr. Richardson. He stated that he was the Chief Inspector for the Intermountain Gas Company. It was moved by Councilman Vassar, seconded by Councilman Keys that the appointment of Mr. Robert arwick to fill the unexpired term of Mr. Ralph Richardson as a member of the Gas Fitters Board be approved. vote was taken and the motion carried. Asignation accepted - Dean L. Franklin The following letter of resignation was read: 2204 Rice Road Caldwell, Idaho February 17, 1965 To: The Chief of Police of Caldwell, Idaho From: Patrolman Dean L. Franklin Subject: Resignation Dear Chief Astleford: I am at this time turning in my resignation, effective February 28, 1965. The reasons for my leaving are as follows: I have been offered employment with a steel firm with the head office in Oakland, California. The wages and working conditions are such that I can- not afford to refuse this chance to better myself. I will be working for Gilmore Skoubye at the Lower Monumental Dam as a draftsman, detailing steel in concrete. My wages to start will be $600 per month. This is based on a 40- hour -per -week with time and a half for overtime. My wife and I would like to have stayed in the Caldwell area but thought we could not pass up this opportunity. I would like to thank Chief Astleford and Captain Siegmann for the training and assistance they have given me during my employment at the Caldwell Police Department. Respectfully submitted, Dean L. Franklin 415 A letter from Charles W. Astleford, Chief of Police, recommending approval of the resignation of Patrolman Dean L. Franklin was read. It was moved by Councilman Martin seconded by Councilman Luby, that the resignation of Patrolman Dean L. Franklin be accepted. A vote was taken and the motion carried. Monthly report of Police Department A report from the Police Department for the month of February, 1965, was read and ordered placed on file. Mayor's Conference, Third District - date announced A letter was read from L. K. Monroe, P.E., City Engineer at Payette announcing the date for the next Third District Mayor's Conference at Payette on Friday, March 26 at 7 o'clock p.m. The meeting was to be held at the Orchard Avenue Orange Ball with the principal part of the program being a review of legislatic passed by the legislature which affects Municipalities. Application for Beer and Liquor License - Cimarron Lounge An application for a Beer and for a Liquor License at the Cimarron Lounge, located at 709 Main Street, from James A. Easteppe and Margene Marska, partners, were presented to the Council for their consid- eration. Receipts from the City Clerk for fees accompanied each application with the fee paid far the Beer License being in an amount of $50.00 and the fee paid for the Liquor License being in an amount of $593.75. The following letter under date of March 15, 1965 was read: To: The Honorable Mayor and City Council of Caldwell, Idaho From: The Office of the Chief of Police Subject: Application for City Beer and Liquor License Gentlemen: An investigation of James A. Easteppe and Margene Marske reveals that; both are bonified residents of the State of Idaho, as provided in Section 23 -1010 and 23-910 of the Idaho State Code, that James A Eastappe and Mergers Marske have not been convicted of any felony and that they are of good moral character. It is understood that James A. Easteppe and Margene Marske have purchased the Cimarron Lounge, located at 709 Main Street from the present owner, Frank Nedbalek. This office recommends approval for the transfer or issuance of the required licenses for the operation of this business to James A. Eastappe and Margene Marske. Respectfully, /S/ Charles W. Astleford Chief of Police It was moved by Councilman Vassar, seconded by Councilman Davenport that the applications of James A. Easteppe and Margene Marsks for a Beer and Liquor License at 709 Main Street be approved and that the licenses be issued. A vote was taken and the motion carried. Application for Second Hand Store License An application from Maxine Manson d/b /a Munson's Trading Post at 512 No. Fifth Avenue was presented for the consideration of the Council. The application was accompanied by a receipt from the Clerk for the required fee of $10.00 and had been approved by H. R. Minto, Sanitarian; Barney Gaul, Building Inspector, and Charles W. Astleford, Chief of Police. It was moved by Councilman Vassar, seconded by Councilman Martin, that the application of Maxine Munson for a Secondhand Store License at 512 No. Fifth Avenue be approved and that the license be issued. A vote was taken and the motion carried. Application for Pool License - Pocket Billiard & Snooker An application from Josie and Alice Ogawa d/b /a Pocket Billiard & Snooker at 713 Main Street was presented for the consideration of the Council. The application was accompanied by a receipt from the Clerk of the required fee for second quarter of 1965 in an amount of $15.00. It was moved by Councilman Davenport, seconded by Councilman Carpenter, that the application of Josie and Alice Ogawa for a Pool License at 713 Main Street be approved and that the license be issued. A vote was taken and the motion carried. Application for Beer License - Park -N -Pak An application from Marion L. Hammond and Myrtle Hammond, husband and wife, for a Beer License at 420 North Fifth Avenue under the name of Park -H -Pak was presented for the consideration of the Council. The application was accompanied by a receipt from the Clerk for the r squired fee of $50.00 and the Mayor informed the Council that the Chief of Police had recommended that the license be issued. It was moved by Councilman Davenport, seconded by Councilman Martin, that the application of 416 Ion L. and Myrtle Hammond for a Beer License at 420 North Fifth Avenue be approved and that the license be ued. A vote was taken and the motion carried. lication for Card License - Western Beer & Lunch An application for a Card License renewal from Arthur E. Bock d/b /a Western Beer & Lunch at 707 Mai , set was presented for the consideration of the Council. The application was accompanied by a receipt of required fee in an amount of $15.00. It was moved by Councilman Martin, seconded by Councilman Davenport, that the application of Arthur Bock for a Pool License at 707 Main Street be approved and that the license be issued. A vote was taken Ithe motion carried. lications for Bartender Permits Applications for Bartender Permits from Nora T. Arellano, Grace Evelyn Conway, Janice Hempsmyer, I Eugenie R. Boone were presented for consideration of the Council. Each application was accompanied by a ;eipt from the Clerk for the required fee in an amount of $2.50 and each application had been approved by Chief of Police. It was moved by Councilman Davenport, seconded by Councilman Carpenter, that the applications pre- sented for Bartender Permits be approved and that the Permits be issued. A vote was taken and the motion carried. Bills for Mid -March It was moved by Councilman Martin, seconded by Councilman Vassar, 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 153 thru 218, General Fund ------------------------------ - - - - -- $ 7,451.58 Warrant Numbers 89 thru 111, Water & Sewer ----------------------------- - - - - -- 645.09 water & sewer, Capital -------------------- - - - - -- 383.39 Treatment Plant -------------- ---- ---------- - - - -- 141.01 General Office - ------ ---- -------------- ------- 75.65 Warrant Numbers 167 thru 238, Special Funds: Fire ---- ------------------- - - - - -- 457,84 Cemetery-- ----- ----------- - ----- 22.75 Street --------------------- - - - - -- 4,600.57 Sanitation ----------------- - - - - -- 417.30 Armory --------------------------- 203.13 Irrigation --------- ------- - - -- -- 217.40 Cemetery Sinking ----------- - - - - -- 441.30 L.I.D. #55 --------------- - - - - -- 16.o5 $15,073.06 A vote was taken and the motion unanimously carried. There being no further business to come before the Councill it was moved by Councilman Davenport, seconded by Councilman Carpenter, that the meeting recess until 8:00 p.m. on Meech 22nd. A vote was taken and the motion unanimously carried. The meeting recessed at 9115 P.M. COUNCIL CHAMBER MARCH 22, 1965 8:00 P. M. The Council met pursuant to recess and acknowledgement of notice in the following forms We, the undersigned Mayor and Members of the City Council of the City of Caldwell, Idaho, do hereby acknowledge notice of a Recessed Meeting of the said City Council to be held in the Council Chambers in City Hall in the City of Caldwell, Idaho, at the hour of 8 :00 P.M„ on the 22nd day of March, 1965, for the trans- action of all business in connection with the following object: New and unfinished business. Witness our signatures this 22nd day of March, 1965.