HomeMy WebLinkAbout1970-04-08city council minutes290
that it would be worked out soon,
Councilman Martin commented in that it was regretable at the concept of cooperation on the part of
political subdivisions and W. Norberg seemed to think the Cities were trying to make a power play which
't true as the Council would not be a legislative body but the representatives would need to take back
to their own legislative bodies as far as final participation was concerned and the point was
to qualify for State and Federal fund participation.
Building Department report recognized
Councilman Davenport stated that before closing the meeting he would like to recognize the report a
the Building Department that was before them and that he wished to thank It. Dufar for it.
Bills for 1hd -March
It was moved by Councilman Martin, seconded by Councilman Keys, 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 totals as
Warrant Numbers 165 thru 249 General Fund: - - - --
Warrant Numbers 135 thru 169, Water & Sewer Fund;
Warrant Numbers 209 thru. 284, Special Funds:
--- --- - ---- ------------ a ----- -- $
9,818.01
Water ------------------- -- - - - - --
1,585.25
Treatment Plant ----------- - - - - - --
792.$8
General Office -------- -----------
449.97
Sewer Maintenance ---------- - - - - --
206.91
Deposit Refund ---- °___ -- __ „ -e
1.50
Fire - --- °- - -------- --- --------- --
684.62
Cemetery - - ---- ------- --- --- - --- --
386.13
street -------------------- - - - - --
3,703.61
Street, capital ------------ - - - - --
170.00
Sanitation ---------------- - - - - --
85.17
Sanitation Contract
7,666.41
Armory' - ------ -------------- - - -- --
190.15
Irrigation ----------------------
407.39
Cemetery Sinking ----------- - - - ---
3.61
L.1 D. # - _`-------------- - - - --
200.00
L.I.D. #66 -- --- ----------- - -- - - --
142.95
L.I.D. #65 -- (Ut. Financing) - --
400.00
$'£6 - 89f T3
Warrant Numbers 436 thru 499, (excepting #436, #437, #438, & #439) General Fund
payroll, March ------------------ --- - - ---- --------- - 31,246.97
Warrant Numbers 500 thru 555, (including #436, #437, 1/438, & #439) Special Funds
payroll, March ---- ---- ------------ ------ ---- - -- -= 19,584.75
Warrant Numbers 556 thru 582, Water & Sewer Funds Payroll, March ----- --------- - -.. -_ 9,404.11
S29
A vote was taken and the motion carried. $6 7;I�
It was moved by Councilman Keys, seconded by Councilman Dakar, that the meeting recess until 8:00
P.M. on April 8tb, 1970. A vote was taken and the motion carried. The meeting recessed at 11 :00 P.M.
COUNCIL CHAMBERS
APRIL 8, 1970
8:00 P. i1.
The Council met pursuant to recess and acknowledgement of notice in the following form:
We, the undersigned ?%yor and Nffmbers 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 in the City of Caldwell, Idaho, at the hour of 8:00 P. M., on the 8th day of April, 1970, for the
transaction of all business in connection with the following objects: Hearing and consideration for creating
and establishing Local Street Dnprovement District No. 66 and approving the plans and specifications for the
construction of improvements within said District.
Witness our signatures this 8th day of April, 1970-
Co uncilman
Counc an
Councilman
251
Mayor Charles W. Carpenter presiding.
Upon Roll Call, the following Councilmen answered present; Charles C. Hanks, James W. "ffi11" Keys,
C. A. "Chet' Davenport, and James R. Dakan. Absent: Alfred H. McCluskey and V. Jay Martin.
Hearing on creating and establishing local Improvement District No. 66
Mayor Carpenter announced the purpose of this Special Meeting and said this was the time act, for a
hearing an creating and establishing a Local Improvement District to be called and known as Local Improvement
District No. 66 for the City. The following letters were then read:
Caldwell, Idaho
April e, >,970
Honorable Mayor & Members of the City Council:
I the undersigned protest the formation of improvement district No. 66.
Signed - Lila E. Morgan
1115 E. Linden
Mayor Carpenter commented in that no reason or reasons had been set forth in the letter, however,
Mrs. Lila E. Morgan was present and the Mayor informed her that she would be recognized for clarification of
her protest later in the meeting.
March 29, 1970
Caldwell, Idaho
V John L Euglehart
City Clerk
Caldwell, Idaho
PROTEST
Re: Paving & Curbing
Cedar Street -
Intersection College Ave.
Dead End Street
Dear Sir:
I
We the undersigned do, hereby, protest the paving and curbing of the above mentioned
street. The reason being that we feel it is not necessary at this time because there is
very little traffic on the street. The street is kept in good condition without the paving.
We would, of course, like to have the street curbed and paved, however, at this time it
would work a financial hardship on us. We the undersigned have two lots each with frontage
on Cedar Street, therefore, most of the financial burden would fall on us. At least two of
the signers of the petition to have the street paved have very little frontage on Cedar
Street. We say if they are so eager to have the ,treat paved it would be fair to all and
agreeable if the job was done and the cost divided five (5) ways. The situation as it
stands now is unfair because of our large amount of frontage on Cedar Street and their
small frontage. As this is a street with four (4) family residence and one (1) duplex which
! does not face Cedar, we feel it unfair that their three signatures would over rule the under-
signed woth four (4) lots with frontage on Cedar Street as they only have the three (3) lots
and two (2) of them with very little frontage.
Your very truly,
/S/ (Otis C. Hrumbalow)
4 s C. =B,
na L Drum a ow
3201 College Avenue
/S/ ( Mona L. Bmumbalow)
Norman L. Albiston)
Norman & Beverly AlbisUin
3125 College Avenue
/S/ (Beverly Albiston)
City Engineer Mal Lewis informed the Council that the location of the block referred to was bounded
by College on one end and Iowa on the other and that there were five owners. He said that he summed they
were talking about their frontage comparison and told the Council that the lots were 130 feet long but when
College was vacated, it added 22.5 feet to the lots on the College side. He pointed out the location of the
property on the map including the location of the Brumbalow property but said the search of records showed
that the other property referred to in the letter was owned by the Pioneer Irrigation District on a tax dead,
that the persons signing the letter probably had some interest in it but apparently were not the owner of
record. He added that there was either a foul -up in the title search or these persons had some sort of
contract and some sort of equity in the property, or, hadn't exercised the tax deed.
There were no further questions regarding the Cedar Street protest at this time.
292
13-12 Fast Linden St.
Caldwell, Idaho
April 6, 1970
Mayor of Caldwell
City council
City of Caldwell Re; Establishment of
Caldwell, Idaho Improvement District No. 66
4b: Mayor and Council Members
I, the undersigned, do protest and object to the creating and the establishment of
]Improvement District No. 66 for the purpose of constructing suitable curbs and gutters and
street and alley valleys and for the purpose of surfacing and oiling the streets therein; in
ao far as the same may apply to lot 6, Resubdivision of Tract 13 (also known as Lot 13) o£
the Mtn. 91ew subdivision No. 2 to Caldwell Canyon County Idaho.
This protest is filed since the description of said improvement district as advertized is
ambiguous in relation to title discription of above said property. If such improvements as
stated create an assessment against above said property, objection to creating said district
is filed since said improvements have already been constructed and assessed against said
property.
Sincerely
/S/
H. G. peters
Mayor Carpenter stated that this was under the Linden Street project and he asked the City
Engineer for clarification.
City &ginner Mal Iewis told the Council that, as he analized the first and last letters, they were
not in the Local Improvement District but would be in the widening consideration discussed by the Council at
the last meeting or, in other words, there were curbs there.
In answer to the question by Mrs. Lila Morgan, Mr. Lawi.s explained that the notice in the paper
described specifically a part of Tot 24 but that her property was not in that description but it would be in
the widening which was to be done by the City.
Mayor Carpenter then explained the City's intentions on Linden Street where curbs and gutters now
exist in the areas that are narrow and said these curbs and gutters would be removed and replaced at City ex-
pense without any cost to the property Omer whatsoever; that the feeling of the Council was that Linden
Street should be widened to LO feet throughout, rather than having portions that were 34 feet wide, in as
much as Linden Street was a feeder street to thru streets, and it had also developed into a thru street. He 1
pointed out that they were sure that in future years, if the City didn't widen these portions of linden Stree
at this time, those living there and those in the City would feel that it should have been done, Also, to
do it later would be at an added expense because of the crown in the road, etc., and now was the opportune
time.
In answer to Firs. Morgan's question concerning the rock work and cement work in front of her house,
Mayor Carpenter said that it was the Council's decision that whatever was there would be replaced as it was.
Mrs. Morgan then told the Mayor that she objected to the City's priorities and thought it far more
important that there be sidewalks rather than for Linden to be widened and she commented on her feelings in
that if Linden were widened, it would only above more traffic off of Highway 30 on to it and she said that
with the two schools there, the City really would have a hazard. Mrs. Morgan expressed her concern for the
school children and expressed her thoughts in there being a terrific lack of timing to have permitted two
schools to be built within half a mile of one another; that the existing curbs had to have approval when they
were installed and she thought a developer going into an area should be required to put in curbs, gutters and
sidewalks.
Mayor Carpenter pointed out that it was quite difficult to force people to put in sidewalks; that
some people liked them and some didn't, and it was up to the property owner to make that decision. He then
commented on the danger of driving Linden Street now irith cars parked on both aides and expressed his amaze -
meet that some parked car or cars hadn't had fenders taken off and especially at night with the danger of
being blinded by lights.
Councilman Reys commented in that it was difficult to establish sidewalks where the street wasn't
a constant width all the way through and he said there was much more of Linden Street that was 40 feet wide
293
now than that of a narrower width, and that the Council felt they had to establish the street to the same
-- width and then, if they felt that sidewalks were necessary and the people there did and wanted to go to
another Local Improvement District for sidewalks, they had something to work to all the way through.
Mrs. Morgan questioned whether there would still be a five foot right -of -way remaining behind the
curbs in that she was supposed to have a 75 foot lot.
Mr. Lewis told her that he understood she thought the property lines were different than what the
City thought and he pointed out that 25 feet off centerline, each way, was platted right -of -way and had been
for years.
Councilman Banks advised Fro. Morgan in that the City Planning Commission had appointed a Committee
to look into sidewalks on Linden, to and from the school, and that they were also looking into an ordinance
that may require sidewalks to be put in with curbs and gutters in subdivisions.
PAyor Carpenter then inquired if anyone else had any comments to offer regarding the Linden Street
Mr. Dale Morgan told the Council that he lived on the corner of Montana and Linden and that as he
understood it, he owned the part next to the street and the other guy owned the property next to the allay
but the Engineer had told him that he had to pay and he couldn't understand why or how the City could tax a
half of a lot and not tax the other half of it. He said that after all, they use the street dust as much as
he did and 180 feet of street was a bell of a lot of street to pay for curb and gutter on.
Some discussion was had relative to a comparison of property adjacent and abutting an improvement
being assessed in a Local Improvement District and the property served being assessed for a sewer line. It
was also pointed out that the property MID. Morgan had reference to faced Montana rather than Linden Street.
The City Engineer told the Council that Mr, Morgan had a point here in that the block happened to
be platted with the lots running the other way and he explained that many years ago Districts had been formed
by a zone type petition but now the policy of the Council had been that the petition be circulated with the
information that the property abutting be assessed and this was the information of this petition and also the
information in the separate sheet that went out with the notice of the resolution of intention to farm thin
District. He pointed out that where Iota are platted in this manner it would be possible to have more owners
who did not directly benefit than owners that did by being adjacent to the improvement and that you wouldn't
ever get a petition with 60% of the signers under those conditions.
MID. Morgan told the Council that nobody brought the petition around and he didn't know anything
about it, that he didn't take the paper in that they had had a lot of sickness and had to drop some things.
It was explained that the petition was circulated by someone from the Roads and Streets Committee
of the Chamber of Commerce and apparently they hadn't been able to contact him.
Mr. Morgan explained to the Council how there used to be a big ditch there that irrigated everybody
below and he had spent six years hauling dirt out of there; then, he had put a hedge fence in there and now,
with the widening of the street, his hedge fence was out in the street and his only shade tree.
Councilman Davenport referred to his residence on South Kimball Avenue and said that, if ever a
Local Improvement District came out there, he knew that what bushes he had out on the line were going to go
because he knew they were on the right -of -way but he could have them there until that happened. He said this
was one of the things that happened about every there was a local Improvement District and it was one of
the problems they faced.
Mr. Morgan told the Council that he wanted the improvement but he didn't see where he had to pay
the other guy's half of it and especially when the guy's mother left him the home and a quarter of a million,
and he lived in Washington. D.C. and he (MID. Morgan) was a poor old farm laborer oat here.
Farther discussion followed relative to.whether the widening of Linden Street had all ready been
resolved by the Council and whether the City could force the widening if the curbs were all ready in; the
i
responsibility of the property owner to maintain the area of street right -of -way not being used for street
purposes; the developing of other streets to carry some of the east -west traffic; the necessity for a
,/, I
294
comprehensive plan to develop transportation, housing and land ass; and the types of traffic using Linden
Street.
City Engineer Mel Kris informed the Council that the percentage of protest on Cedar Street was
54% and on Linden it was in the order of 9 %. He also explained that if there were more than a 213 protest,
the Council would need to force the District by a 3/4 vote of the Council in order for the District to be
Bill No. 30 - Ordinance No. 1191
After some further discussion, Councilman Keys introduced Bill No. 10, entitled:
AN ORDINANCE CREATING AND ESTABLISHINO A LOCAL STREET IMPROVEMENT DISTRICT TO BE CALLED AND KNOWN AS "LOCAL
IMPROVEMENT DISTRICT NO. 66 FOR THE CITY CF CALDWELL, IDAHO; "DESIGNATING THE STREETS AND AVENUES AND POINTS
BETWEEN WHICH SAID IMPROVEMENT IS TO BE MADE; AND PROVIDING FOR THE CONSTRUCTION OF CURBS, GUTTERS AND STREET
AND ALLEY VALLEYS IN SAID DISTRICT; AND PROVIDING FOR THE SURFACING, GRADING AND OILING OF THE STREETS AND
AVENUES THEREIN; PROVIDING THAT THE COST AM EXPENSE OF THE SAID IMPROVEMENT SHALL BE TAXED AND ASSESSED UPON
ALL OF THE PROPERTY WITHIN THE SAID IMPROVEMENT DISTRICT ABUTTING, ADJOINING, CONTIGUOUS AND ADJACENT TO THE
PORTION OF SAID STREETS AND AVENUES SO IMPROVED; PRESCRIBING THE METHOD OF SUCH ASSESSMENT AND PAYMENT THERE-
OF; DIRECTING THE CITY CLERK TO ADVERTISE FOR AND RECEIVE BIDS FOR SUCH MATERIALS AS MAY BE DESIGNATED BY THE
COUNCIL FOR SUCH IMPROVEMENT AND OF DOING THE WORK AND LABOR FOR CONSTRUCTION OF THE SAME; REPEALING ALL
ORDINANCES, RESOLUTIONS, OR ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH AND DECLARING AN EMERGENCY.
which was read for the first time and the Council proceeded to consideration of FLIT No. 10. Councilman Keys
stated that we have heard the protest and since there 1s not sufficient protest in numbers to warrant a "hang
in the boundaries of this proposed Local Improvement District, I move that the rules requiring the reading of
a Bill on three separate days be suspended and that Bill No. 10 be read the second time by title and the
third time in full, section by section. The motion was seconded by Councilman Banks. The Mayor directed the
Clark to call the roll on the above motion with the following result: Those voting in the affirmative were:
Banks, Keys, Davenport, and Dakan. Negative votes: none. Absent and not voting: McCluskey and Martin.
The Mayor declared the motion had passed by the necessary one -half plus one of the members of the full
Council and directed the Clerk to read Bill No. 10 the second time by title and the third time in full,
section by section. The Clerk read the Bill as directed. It was moved by Councilman Keys, seconded by
Councilman Banks, that RL11 No. 10 pass. The Mayor directed the Clerk to call the roll on the above motion
which resulted as follows: Those voting in the affirmative were: Banks, Keys, Davenport, and Dakan.
Negative votes; none. Absent and not voting; W Oluskey and Martin. Thereupon, the Mayer declared that
Bill No. 10 had passed 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 Crdinance No. 1191.
The Mayor directed the Clerk to make proper entry of the same and to cause Ordinance No. 1191 to be
published in the News- Tribune, the official newspaper of the City of Caldwell, Idaho.
Resolution No. 12
Councilman Keys then sponsored the following Resolution and moved its passage:
RESOLUTION NO. 12
BY COUNCILMAN KEYS
A RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF IMPROVEMENTS IN LOCAL IMPROVEh
DISTRICT N0. 66 OF THE CITY OF CALDWELL, IDAHO, AUTHORIZING THE INVITATION FOR BIDS AND SETTING A DATE FOR
OPENING BIDS.
WHEREAS, The Mayor and Council of the City of Caldwell, Idaho, have heretofore duly and regularly,
as required by law, created Local ]Xprovement District No. 66 of the City of Caldwell, Idaho, for the purpose
of constructing in said district, improvements consisting of suitable curbs and gutters and street and alley
valleys and for the purpose of surfacing, grading and oiling the streets therein; and
WHEREAS, The City Engineer of the City of Caldwell has prepared and filed with the City Mark of
said City, plans and specifications for the construction of said improvements in said Local Improvement
District No. 66 of the City of Caldwell, Idaho, which said plans and specifications have been presented to
the Mayor and City Council and approved; and
WHEREAS, It is desirable to invite bide for the construction of said improvements;
NGWE, THEREFORE, Be it resolved and ordered by the Mayor and Council of the City of Caldwell, Idaho; V
Section 1. That the plans and specifications heretofore prepared by the City Engineer and filed
with the City Clerk of the City of Caldwell, for the construction of certain improvements authorised in said
Local Improvement District No. 66 of the City of Caldwell, Idaho, for the purpose of constructing in said
district improvements consisting of suitable curbs and gutters and street and alley valleys and for the pur-
295
pose of surfacing, grading and oiling the streets therein, be and the same are hereby approved.
Section 2. That the City Clerk is hereby ordered to prepare and let invitations for bids and pub-
lish the same in the News- Tribune, official newspaper of the City of Caldwell, on April 11, 18, and 25, 1970
calling for the opening of said bids at the City Hall on the 27th day of April, 1970, at the hour of 4 :00
j,o'clock p.m., in accordance with Section 50 -1703 of the Idaho Code.
The motion for passage was seconded by Councilman Davenport. A roll call vote was called for when
the following Councilmen voted in the affirmative: Banks, Keys, Davenport, and Dakar. Negative votes: none
Absent and not voting: McCluskey and Martin. Mayor Carpenter declared that Resolution No. 12 had passed.
It was moved by Councilman Banks, seconded by Councilman Dakar., that this Special meeting recess
until 8;00 P.M. on the 20th day of April. A vote was taken and the motion carried. The meeting recessed at
119:00 P. M.
E �0
rss ri.r�rr`rr 11 -VIN
COUNCIL CHAMBERS
APRIL 20, 1970
8 too P. M.
Die Council met pursuant to recess and acknowledgement of notice in the following form:
We, the undersigned Mayor and Numbers 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 in the City of Caldwell, Idaho, at the hour of 8;00 P. M., on the 20th day of April, 1970, for the
transaction of all business in connection with the following object: Hew and unfinished business.
Witness our signatures this 20th day of April, 1970.
19 yor
Cour
:u: an 'GoUn
Counadilman ODunciljim
Mayor Charles W. Carpenter presiding.
Upon Roll Call, the following Councilmen answered present: Charles C. Banks, James w. "Bill^ Keys,
V. Jay Martin, and C. A. "Chet" Davenport. Absent: Alfred H. McCluskey and James R. Dakar.
Committee appointed to review Section k, Sub - section (E) of Chapter 7 of City Code on sale of bear
Mr. Jim Doolittle, Attorney at Law, was recognized and he informed the Council that he was appoarin
in behalf of Mr. Dick Beam and Pr. Bob Collins who own grocery businesses' in Caldwell on Canyon Hill and
South Kimball Avenue respectively. He said that, in view of the recent granting of licenses for the package
sale of beer in grocery stores within the City limits, tnese gentlemen were interested in asking this Council
to review and consider the possible amendment of the City ordinances and particularly the ordinance Section
4 -7 -4, Sub - section (E), which was concerning the condition of issuance of licensea for the sale of package, o
at least beer generally. He told the Council that they, of course, were interested in the retail package sal
only in a grocery operation. He referred to the limitations of the particular section in that, as one of the
conditions of a license it refered to no sale in zoned Class "A- or "Bm residential areas. He said the basic
reason, other than the fact that what was commonly called a gentlemen's agreement and was no longer apparent
Ly an agreement, was the fact that they believed that the reference to this zoning ordinance, as a basis for
restricting the sale, puts these two men in an unfair competative position with their competition and they
iidn't feel that it was the same matter as requesting a permit or license for the sale of beer for on