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HomeMy WebLinkAbout1971-03-15city council minutes530 COUNCIL CHAMBERS PIARCH 15, 1971 B -OD P. M. The Council met pursuant to recess and acknowledgement of notice in the following form: We, the undersigned piia•.ror and Members of the City Council of the City of Caldwell, Idaho, do hereb3 acknowledge notice of °a RecessedMaeting of the said City Council to be held in the Council Chambers in the City Hall of Caldwell, Idaho, at the hour of 8:00 F. M. on the 15th day of raroh, 1971, for the transaction of all business in connection with the following object: New and unfinished business. Witness our signatures this 15th any of March, 1971: C Mayor �' q wxa7. n n- Councilman / V - Councilman Gokmoilman Mayor Charles W. Carpenter presiding. Upon Roll Call, the following Councilmen answered present: Charles C. Banks, Alfred H. McCluskey, C. A. "Chetif Davenport, and James R. Oaken. Absent: James W. "Bill's Keys and V. Jay Martin. Bill No. 7 - Second Reading Bill No. 7 introduced by Councilman McCloskey, entitled- AN ORDINANCE TO AMEND TITLE 7 OF CITY CODE OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO, BY ADDING TIM FOLLOWING WHICH SHALL BE DESIGNATED AS CHAPTER 5 OF SAID TITLE 7. was read for the second time. Appointment confirmed - Teresa Collins as Deputy City Treasurer Mayor Carpenter presented for the consideration of the Council the appointment of Teresa A. Collins 1e Deputy City Treasurer for the City. He stated that she seemed to like the work and said that he had had ;ood reports from City Treasurer Alta E. U$lliams. It was moved by Councilman Banks, seconded by Councilman McCloskey, that the appointment of Teresa 1. Collins as Deputy City Treasurer be approved. A vote was taken and the motion carried. Ippointments confirmed - various City Boards and Commissions Mayor Carpenter then presented the following appointments for the consideration of the Council: Zoning Board - term expiring December 31, 1976 W. Bill Moore Planning Commission - terms expiring December 31, 1976 Mr. Lahr Bollinger Mr. B. C. Morrie Mr. Tom lhsley Airport Commission - term expiring December 31, 1972 Mr. Earl Priest Traffic Safety Commission - terms expiring December 31, 1973 Mr. Glen Johnson Mr. Richard Rosemberry Gas Fitters Examining Board - term expiring December 31, 1973 Mr. M. C. Roberts Industrial Safety Committee - terms expiring December 31, 1971 Al Wing Wilbur Wykert Harold Perfect Lilburn Cooper Cordon Crockett Floyd Kinney Jack Johansen It was moved by Councilman Banks, seconded by Councilman McCluskey, that these appointments be 'oved. A vote was taken and the motion carried. -lution No. 6 Mayor Carpenter announced that this was the time set for receiving bids on the sale, issuance and very of bonds of Local Improvement District No. 66 and he inquired if there was anyone present at the ing desiring to present a bid. 531 It being determined that no one was present for this purpose, Councilman Davenport sponsored the following Resolution and moved its passage: RESOLUTION N0. 6 BY COUNCILMAN DAVENPORT A RESOLUTION CONFIRMING THE SALE, ISSUANCE, PRINTING, EXECUTION AND DELIVERY OF THE BONDS OF LOCAL IMPROVE- MENT DISTRICT N0. 66 OF THE CITY OF OA=ELL, IDAHO, TO THE PURCHASERS THEREOF. WHEREAS, The City of Caldwell, Idaho, on the 16th day of February, 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. 66 of the City of Caldwell in the principal sum of $63,691.45, and WHEREAS, Bids have been received from eleven persons to purchase said bonds at their principal amount with a rate of interest thereon at five percent per annum, with the purchase money therefor 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 bonds of said persons be accepted and said bonds sold to said persons, NOW, THEREFORE, BE IT RESOLVE) 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. 66 in the City of Caldwell in the principal sum of $63 with a rate of interest thereon at five percent 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 PURCHASER AMOUNT 1 - 11 1972 Blanche Waterman $5,191.4$ 12 - 13 1972 Luella Hartenbower 1,000.00 14 - 17 1973 Luella Hartenbower 2,000.00 18 - 25 1973 Ben Ibner 4,000.00 26 - 31 1974 Ben Doner 3,000.00 32 - 37 1974 Vern Clements 3,000.00 38 - 50 1975 Vern Clements 6,500.00 51 1976 Vern Clements 500.00 52 - 61 1976 W. K. Waterman 5,000.00 62 - 63 1976 Hugh Benedict 1,000.00 64 - 68 1977 Hugh Benedict 2,500.00 69 - 70 1977 Mallas Waterman 1,000.00 71 - 76 1977 Fred R. Shuey 3,000.00 77 - 88 1978 L. A. Waterman 6,000.00 89 1978 Wilma Minto 500.00 90 - 102 1979 Wilma Pffnto 6,500.00 103 - 108 1980 Wilma canto 3,000.00 - 115 1980 Riley W. Smith 3 1 109 116 - 128 1981 Riley W. Smith 6,500.00 The motion for passage was seconded by Councilman Dakan. A roll call vote was called for when the following Councilman voted in the affirmative: Banks, McCluskey, Davenport, and Dakan. Negative votes: none. Absent and not voting: Martin and Keys. Mayor Carpenter declared that Resolution No. 6 had passed. Resolution No. 7 Councilman McCiuskey sponsored the following Resolution and moved its passage: RESOLUTION NO. 7 BY COUNCILMAN MbCLUSKEY WHEREAS, Title 1, Chapter 19, Section 1 of the Caldwell City Code as amended by Ordinance No. 1197 designates the Idaho First National Bank, the Bank of Idaho, the First Security Bank of Idaho, and Idaho Banf & Trust Co. as the offical depositories of Municipal Finds for the City, and WHEREAS, The proper officials of the City who are duly authorized to withdraw funds from said depositories are to be designated, NCW, THEREFORE, BE IT RESOLVED: That the Idaho First National Bank, the Bank of Idaho, the First Security Bank of Idaho, and Idaho Bank & Trust Co. are hereby confL�med as the official depositories for the funds of the City of Caldwell, that accounts ahall be governed by the Rules, Regulations, Bylaws and Practices, present and future, of the Banks herein designated, including interest, service charges, and all other matters whether the same as or different therefrom, and that, as hereinafter specified, the following 53? of the City, who have been duly and regularly elected and /or appointed: Name Title (1) Charles lei Carpenter Mayor (2) V. Jay Martin President of the Council (3) John L. Englehart City Clerk (4) Dorothy Martin Deputy City Clerk (5) Alta E. kLlliams City Treasurer ( Teresa A. Collins Deputy City Treasurer be and they are hereby authorized to withdraw said funds from said depositories on the check or warrant as prescribed by law, and that the said officers authorized to withdraw funds be and they are hereby authorized to endorse and receive payment of bills and notes payable to the City, and the said Banks are hereby authorized to pay any such instruments so endorsed and presented to them for payment, including those drawn to the individual order of any officer or other person authorized to sign the same; and BE IT FURTHER RESOLVED: That said authority hereby conferred shall remain in full force until written notice of the revocation thereof by the council of this City shall have been received by said depositories, and that the Clerk be and he is hereby authorized and directed to deliver to the said Banks a certified copy of this resolution and to certify to the Banks herein designated, the true and correct signs- tare of the abode -named officers. 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, McCluskey, Davenport, and Dakan. Negative votes: none. Absent and not voting: Keys and Martin. Mayor Carpenter declared that Resolution No. 7 had passed. Execution of Corporate Quitclaim Deed authorized A Corporate Quitclaim Deed from the City of Caldwell to Canyon County for property described as lots 6, 7 and 8 in Block 61, ORIGINAL TC7WN ITE of CALDWELL, IDAHO, according to the PLAT thereof on file in the County Recorder's office, Canyon County, Idaho; was presented for the consideration of the Council. Mayor Carpenter informed the Council that this was in regard to property to which the City held a tax deed in connection with a Local Improvement District and Irrigation Assessment; that the County had taken the property over and had delivered to the City a check for the amount due in an amount of $431.00 to the local Improvement CSiarantes Fund and $157.00 for the Irrigation Assessment. The Mayor stated further that this instrument from the City was necessary in order for the County to clear title to the property. It was moved by Councilman McCluskey, seconded by Councilman Dakan, that the Mayor and Clark be authorized to execute the Corporate Quitclaim Deed in behalf of the Cit of Caldwell. A vote was taken and the motion carried. Policy established in regard to cleaning of sewer at Tabor Camp Mayor Carpenter informed the Council in that, from time to time, the Labor Camp had problems with the sewer getting clogged and, in the past, the City had gone out and cleared the sewer lines for them; that he had received a communication from the City Engineer Mel Lewis as follows: it Glen has reported to me that they have received requests to rod the sewer at the Tabor Camp near Notus. Up until this time they have always gone and have done the work. Apparently the Labor Camp management feels that it is not a responsibility of the City directly and have offered to pay the men for their time. Up until the last time, which was about a month ago the men have refused to take any money for it. I advised them that until the policy was changed the city would make the equipment available if the Labor Camp paid the men for their time. I should explain that these calls have been after hours and some- times have been late at night. I would like to have a policy established and so would Caen as to what we are to do in the future in these instances. Glen further informs me that at times there has been some expense in broken rods. If this is the case I think that the labor Camp should re- imburse the City something for equipment rental." Mayor Carpenter then stated that it would be his recommendation to the Council that the City Engineer work out with (Lien some reasonable rental for the equipment and be sure that the City employees be re- imbursed for the time spent in this manner and, he said that he was sure this would be satisfactory with the labor Camp people. He pointed out that the only connection of the City was through the appointment of the members of the Housing Authority Hoard with the operation of the Labor Camp being their responsibility. In answer to the question regarding payment to the City employees, Mayor Carpenter stated that he 533 thought this should be set up in such a manner that payment would come to the City and then the City pay the employees involved for their time. Councilman Dakan stated that he didn't think the City should charge the labor Camp rental on the equipment.and then moved that the City make arrangements for overtime payment to the employees for the time spent at the labor Camp. The motion was seconded. by. Councilman me Cluskey. A vote was taken and the motion letter read regarding previous claim - Chester C. Thornton The following letter was read from W. Max lewellen of the W. Max lewellen Agency regarding a previous claim referred to the City's Insurance Carrier: John Englehart, Clerk City of Caldwell Caldwell, Idaho Dear John: About January 10th we'. received a claim notice from your office from a claimant making a claim against the City of Caldwell for veterinary expenses allegedly sustained when the City dog catcher shot a dog in self defense. Cur Adjustor made a complete investigation of this incident and after discussing the matter with the claimant and several neighbors the claim was closed without payment as there was no negligence on the part of your employee. I am enclosing a photocopy of the disposition of the claim. Please close your file on this matter, however, if in the future there are any complications in this case, don't hesitate to call me and we will give it our immediate attention. We will continue to give the City's claims prompt attention as we know how important these claims are to Mayor Carpenter and the City Council. Very truly yours, /s/ W. Max Lewellen W. Max laweller. Agency information presented on receipt of Franchise Tax from the Intermountain Gas Company Mayor Carpenter than presented information regarding the receipt of Franchise Tax from the Intermountain Gas Company as follows: 1970 Gross Revenue subject to 3% Franchise Tax $646,580.29 Tess Uncollectible Accounts - Net 626.13 Total subject to Tax $M, $19,378.62 Mayor Carpenter also reported for information to the Council that in 1969, the amount of Franchise Tax had been $15,312.20 and in 1970 had been $17,403.74. Application for Beer License approved An application from Orville L. Needs and Lorna J. Needs d/b /a Western Beer & lunch at 707 Mein Street for a City Baer License was presented for the consideration of the Council and the following letter was read from the Chief of Police; March 15, 1971 To: The Honorable Mayor and City Council From: The Office of the Chief of Police Subject; Application for Beer License, Western &er and Lunch, 707 Main Street Gentlemen: The following subjects have made application as a partnership for a beer license to operate a business located at 707 Main Street, Caldwell, Canyon County, Idaho, known as the Western Beer and Lunch. Orville L. Needs, 600 Ithaca Street, Caldwell, Idaho Lorna J. Needs, 600 Ithaca Street, Caldwell., Idaho Both of these subjects are bona fide residents of the State of Idaho and are qualified under Section 23 -1010 of the Idaho Code. They have not been convicted of any felony in the past three years and are of good moral character. It is understood that they have leased the property at 707 Main Street, Caldwell, Idaho known as the "Western Baer and lunch" from Mr. Edward A CLAYCOMB who holds the present beer license for these premises. It is further understood tht Mr. CLAYCOMB will relinquish his current licenses to do business at the 6bstern Beer and Lunch to the City Clerk if this license is approved by the City Council. If the facts concerning the relinquishing the Beer License is done, then this office recommends approval of the issuance of the necessary licenses to Orville L. NEEDS and Lorna J. NEEDS to do business at the Western. Beer and Lunch at 707: Main Street, Caldwell, Idaho. Respectfully, /S/ Charles W. Astleford Chief of Police 53+ It was noted that Lorna J. NEEDS had a license for this place of business in 1966 - There was no major problems during her operation of the business then. The application was found to be in order and was accompanied by a receipt from the Clerk for the required fee. It was moved by Councilman Banks, seconded by Councilman McCloskey, that the application of Orville L. Needs and Lorna J. Needs to do business as the ^Western Beer & Lunch" at 707 Main Street be approved and that the License be issued. A vote wan taken and the motion carried. Construction progress chart - Blaine Street extension Mayor Carpenter reported to the Council regarding the construction progress chart for construction on the Blaine Street extension and said work on the structure was to start in April with 15% of the work to be completed in April, 35% in May, 35% in June, 10% in July, and 5% in August. He said the earth work would start in May with 20% being done, 70$ in June, and 10% in July. The traffic control would start in April with 10% completion, 15% in May, 30% in June, 30% in July and 15% in August. The bases would be put in 800 in June and 20% in July; the surface pavement would be 80% in June, 10% in July, and 10% in August. The conduit and miscellaneous structures; 80% in June, 10% in July, and 10% in August. Applications for Catering Permits approved Applications were then presented for Kenneth L. Stover d /b /a The Cimaron with Liquor License No. , 111 to cater for Shrine Panquets-at Pollard's Restaurant located at 304 N. Kimball Avenue on April 5, 1971, and May 3, 1971. The applications had been approved by the Chief of Police and were accompanied by a receipt from the Clerk for the required fee. It was moved by Councilman Dakan, seconded by Councilman Davenport, that the application for Catering Permits from Kenneth L. Stover be approved and that the Permits be issued. A vote was taken and the motion carried. Final Plat of Mountain View Subdivision No. 2 Moss Replat of Block 3 approved A final Plat of Mountain View Subdivision No. 2 Moss Replat of Block 3 was presented for the con- sideration of the Council. Mr. Michael Barrett of the Engineering Department told the Council that the Plat was bound by Willow, Chio, Illinois, and Locust Streets. It was moved by Councilman Banks, seconded by Councilman McCloskey, that the Final Plat of Mountain View Subdivision No. 2 Moss Replat of Block 3 be approved. A vote was taken and the motion carried. Applications for Pool License renewals approved Applications for renewal of Pool Licenses were presented as follows: President Lounge at 612 Main - Fee, $15.00 Mary J. Albin d /b /a Corner Bar & Grill at 22h Paynter - Fee, $15.00 George T. Haines d/b /a Sportsman Bar at 117 Everett - Fee, $15.00 Gerald Talbot d /b /a Talbot lanes at 506 W. Avon - Pee, $15.00 Stephen Fewer d/b /a The Red Barn at 2528 Cleveland Blvvd. - Fee, $15.00 Yosie Ogawa d/b /a Pocket Billiard & Snooker at 713 Main St. - Fee, $15.00 Frada Stout d/b /a Waldorf Cigar Store at 121 So. 7th - Fee, $15.00 It was moved by Councilman McCluskey, seconded by Councilman Dakan, that the applications for Pool License renewals be approved and that the licenses be issued. A vote was taken and the motion carried. Applications for Pool & Card License - ranewals approved Applications for renewal of Pool & Card Licenses- were,presented as follows: Julio Perez d/b /a The Wheel at 508 Hain St. - Fee, $30.00 Adelina M. Pedraza d/b /a E1 Tico Tico at 714 Main - Fee, $30.00 Jovial Kitchen d/b /a Roy's Sport Shop at 114 So. 7th - Fee, $30.00 It was moved by Councilman Banks, seconded by Councilman Dakan, that the applications for Pool & Card License renewals be approved ant that the licenses be issued. A vote was taken and the motion carried. Applications for Bartender Permits approved Applications for Bartender Permits from James L. Crill and Carry Farrar 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 Clark for the required See. It was moved by Councilman Dakan, seconded by Councilman Banks, that the applications for Bartende Permits be approved and that the Permits be issued. A vote was taken and the motion carried. Report of letter from Mayor of the City of Payette Mayor Carpenter informed the Council of the receipt of a letter from the Mayor of the City of Payette which, in behalf of the Council and staff of the City of Payette, was an invitation to the Mayor of the City of Caldwell and his staff to attend the open house of the City Service Complex on Parch 20, 1971, from 2.00 p.m. to 5 :00 p.m. He said there would be entertainment by the School Quire and a Band Concert. Report of Police Department The monthly report from the Police Department for the month of February, 1971, was read for the consideration of the Council and was ordered placed on file. 535 Report on Legislature I Carpenter reported briefly concerning the Legislature and told the Council that anything the; could do to halo would be appreciated and welcomed, that he hoped the Legislature would see fit to provide the means for more money for the City roads and streets and a Bill would be coming up for debate the next da, He also reported concerning HB 162 which had been passed by both the House and Senate but had been vetoed by the Governor. He stated that this Bill would have allowed the Counties to retain penalties and interest on monies collected on taxes which had become delinquent where these taxes were due and owing to the City) that this alone had amounted to around $2,100.00 for the City of Caldwell last year. Bills Mid -March It was moved by Councilman Davenport, seconded by Councilman Banks, that the warrants for claims b approved as per list and filed in the City Clerk's office. Such warrants being in the totals as follows: Warrant Numbers 156 thru 196, General Fund: ----------------------------------- -- - --- $ 7,010.76 Warrant Numbers 88 thar 135, Water & Sewer Fund: Water ----------------------- - - - - -- 1,553.17 Water, Capital --- ------- 4,563.20 Treatment Plant ----------------- - 2,659.32 Treatment Plant, Project --- 28.67 Water, General Office ------ - - - - -- 99 -C6 Water, Sewer Maintenance --- - - - - -- 139.68 Warrant Numbers 141 thru 209, Special Funds: Fire ---------- -- ----- ----- -- - --- -- 1,66:0.15 Cemetery --- -------- -- 373.94 Street ------------ --------------- 9,707.25 Street, Capital ------------ - - - --- 4,979.20 Irrigation - --- -- ----- ------- - ----- 2,436.62 Cemetery Sinking ------------ - --- -- 35.10 L.I.D. #65 -- ---- ---- ----- -- -- - - -- 29.61 L.I.D. #66 - ---- -- -- --------- - - - --- 39.32 $35,315.07 A vote was taken and the motion carried. It was moved by Councilman McClaskey, seconded by Councilman Banks, that the meeting adjourn. A vote was taken and the motion carried. The meeting adjourned at 8:55 P. M. COUNCIL CHAMBERS MARCH 17, 1971 8 :00 P. iL 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 8:00 P. M. on the 17th day of March, 1971, for the transaction o all business in connection with the following objects: Consideration of an award of Bid for Sewage Treatment Plant Improvements and, the consideration of a Resolution setting the date for a public hearing prior to the passage of the Annual Appropriation B11. Witness our signatures this 17th day of March, 1971. ^ ^ Mayor Charles W. Carpenter presiding: Upon Roll Call, the following Councilmen answered present: Charles C. Banks, Alfred H. McCluskey, James W. °Billft Keys, C. A. "Chet" Davenport, and James R. Dakan. Absent: V. Jay Mrtin. Report on analysis of bid for Sewage Treatment Plant Improvements - representative of CH2M Mayor Carpenter recognized Mr. Roger Bissell who was present and representing CH2M. Mr. Bissell told the Mayor and Council that, since they had opened the only bid for the waste water Treatment Plant improvements, they would recall that their estimate was about $20,000.00 which they had escalated up since the original grant applies,,,,,,, from the originally estimated construction cost of 1 $17,000.00 some odd dollars; that since then there had been an escalation of about ten to twelve percent in