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HomeMy WebLinkAbout1967-04-17city council minutes261 It was moved by Councilman Keys, seconded by Councilman Davenport, that the meeting recess until .— 8:00 P. M. on April 17, 1967. A vote was taken and the motion carried. The meeting recessed at 10:15 P. N. City I 0r " COUNCIL CHAMBERS APRIL 17, 1967 8:00 P. M. The Council not pursuant to recess and acknowledgement of notice in the following form: We, the undersigged 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 the City Hall in the City of Caldwell, Idaho, at the hour of 8:00 P. M., on the 17th day of April, 1967, for the transaction of all business in connection with the following object: New and unfinished business. Witness our signatures this 17th day of April, 1967. Counci ` onncilmah Mayor N. E. "Coley" Smith presiding. Upon Roll Call, the following Councilmen answered present: Charles C. Banks, James W. "Bills Keys, V. Jay Martin, Charles W. Carpenter, and C. A. "Chet" Davenport. Absent: William S. Harrison. Request for variance - Charlie Warren Mr. Charlie Warren was recognised and he told the Council that he had purchased a little house, the one Carl Rush used to live in at 516 Fiilmore, and he had some ideas of remodeling; that he had come dale i etc check with the Building Inspector. There was one thing that he had snagged him on and so he thought that if he couldn't do anything about it maybe the Council could. It was explained and a drawing presented showing that it was Mr. Warrens intent to enlarge the bathroom which presently opened into the kitchen; however, the regulations now say that you can't have a doorway leading from a bathroom into a kitchen or a dining room. Mr. Warren told the Council that it had been this way apparently ever since the house had been built. In answer to the question as to whether a small hallway couldn't be constructed between the bath- room and the kitchen, dining room area; Mr. Warren stated that there wasn't enough room to do this. After some further discussion; it was moved by Councilman Banks, seconded by Councilman Carpenter, that Mr. Warren be granted a variance for the remodeling of the bathroom. A vote was taken and the motion carried. Mayor Smith informed the Building Inspector who was present, that he could now issue the permit. Bill No. 7 - Ordinance No. 1097 Councilman Carpenter introduced Bill No. 7, entitled: AN ORDINANCE CREATING AND ESTABLISHING A COMBINED LOCAL STREET AND SEWER IIMPROMENT DISTRICT TO HE CAUM AND KNOWN AS "IAOAL IMPROVEMENT DISTRICT NO. 61 FOR THE CITY OF CAIDWELL, IDAHO ", - DESIGNATING THE STREETS SAND AVENUES AND POINTS BETWEEN WHICH SAID IMPROVfKFNTS ARE 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 THERM PROVIDING THAT THE COST AND EXPENSE OF THE SAID INPROVO4ENT SHALL BE TAXES ANN ASSESSED UPON ALL OF THE PROPERTY WITHIN THE SAID nffROVEMENT DISTRICT ABUTTING, ADJOININO, CON- TIGUOUS, AND ADJACENT TO THE PORTION OF SAID STREET AND AVENUES SO IMPROVED; DESIGNATING THE BOUNDARIES OF SAID SEWER IMPROVEMENTS; AND PROVIDING FOR CONSTRUCTION OF SEWERS, DITCHES, DRAINS, CONDUITS AND CHANNELS FOI SANITARY AND DRAINAGE PURPOSES, EITHER OR BOTH THEREOF, WITH OUTLETS, CESSPOOLS, MANLLOLES, CATCH BASINS, Fim ; TANS, SEPTIC TANKS, AND ALL OTHER SEDER APPURTENANCES NECESSARY FOR THE COtq''ORT, CONVENIENCE, Hum AND WELL -BEING OF THE MUNICIPALITY THEREIN; PROVIDING THAT THE COST Alin EXPENSE OF SAID SSW IMPROVEMENTS SRALL BE TAXED AND ASSESSED UPON A PORTION OF TK!; PROPERTY IN SAID IMPROVEMENT DISTRICT AND AGAINST THE ABUTTING, ADJOINING, CONTIGUOUS AND ADJACENT LANDS ALONG AND UPON WHICH SAID SEWER INPROWZaNTS ARE TO BE MADE AND UPO1 THE LOTS AND LANDS BENEFITED BY SUCH SEWER IMPROVEMENTS AND INCLUDED IN SAID IMPROVEMENT DISTRICT; PRBSCRID- INO THE METHOD OF SUCH ASSESSMENT AND PAIMENT THEREOF; DIRECTING THE CITY CIERK TO ADVERTISE FOR AND RECEIVE !BIDS FOR SUCH MATERIALS AS MAY BE DESIGNATED BY THE COUNCIL FOR SUCH INMVEMFNT AND OF DOING THE WORK AND LABOR FOR CONSTRUCTION OF THE SAME; REPEALING ALL ORDINANCES, RESOLUTIONS, OR ORDERS OR PARTS THEREOF IN CON IFLICT HERIWITH AND DECLARING AN EMERGENCY. 252 which was read for the first time and the Council proceeded to consideration of BL11 No. 7. It was moved by Councilman Carpenter, seconded by Councilman Martin, that the rules requiring the reading of a 8111 on three seperate days be suspended and that Bill No. 7 be read the second time by title and the third time in full, section by section. The Mayor directed the Clerk to call the roll on the above motion with the following result: Those voting in the affirmative were: Banks, Keys, Martin, Carpenter, and Davenport. Negative votes: none. Absent and not voting: Harrison. The Mayor declared the motion had passed by the necessary three - fourths majority and directed the Clerk to read Bill No. 7 the second time by title and the third time in fall, section by section. The Clerk read the Bill as directed. It was moved by Councilman Carpenter, seconded by Councilmen Martin, that Bill No. 7 pass. The Mayor directed the Clerk to call the roll an the above motion which resulted as follows: Those voting in the affirmative were: Banks, Keys, Martin, I Carpenter, and Davenport. Negative votes: none. Absent and not voting: Harrison. Thereupon, the Mayor declared that Bill No. 7 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 Ordinance No. 1097. The Mayor directed the Clerk to make proper entry of the same and to cause Ordinance No. 1097 to be published in the News - Tribune, the official newspaper of the City of Caldwell, Idaho. Bill No, 8 Councilman Keys introduced Bill No. 8, entitled: AN ORDINANCE ADDING CHAPTER 10 TO TITLE I% OF THE CITY CODE OF THE CITY OF CALVdELL, IDAHO, RlouuaINO THE SALE OF FIRMIORKS IN THE CITY CF CAMMLL, AND REPEALING ALL ORDINANCES IN CONFLICT THEREWITH. which was read for the first time. Mayor Smith explained that the ordinance presented was really a copy of California and 11ashington'a ordinance permitting the sale of fireworks, in stands, by non - profit organizations but not by businesses, either in their place of business or in stands. The Mayor stated that, in the way it had been explained to him, this had avoided a lot of trouble; however, the ordinance could be changed in any manner desired by the Council. i In discussion, Councilman Carpenter stated that he thought the merchants should be allowed to sell them.Councilman Banks referred to the fires, caused by fireworks, in Nampa a number of years ago and related his experiences in helping with the public display held in Caldwell over a number of years. The City Attorney stated that he thought the thing the Council should consider was whether or not they would allow fireworks to be sold in stores. Mayor Smith stated that the ordinance would be again considered at the next meeting. Report on court proceedings - Tri -West Construction Co. The City Attorney reported to the Council in connection with the court proceedings concerning Tri - West Construction Company and stated that the Judge had entered an order declaring the hole to be a nuisance; however, he had said they would either have to fill it or put up a suitable barracade around it. He further advised the Council that the Tri -liest Construction Company had indicated to Mr. Ban Anderson that (he had sold it to them on escrow contract) they were forfeiting it. Mr. Anderson and his attorney had talked to the City Attorney and although they had been so advised, no formal papers had been submitted nor had they been given any reason or any authority to take back possession of the property. Mr. Anderson had said that if he got it back, he would fill it. Ordinance to be drawn - Commercial Spraving The matter of a previous ordinance proposed for commercial spraying (Minutes - page 257) was refer - ad to and after some discussion, the City Attorney was instructed to prepare an ordinance for further consid oration of the Council. Appointment confirmed Mayor Smith appointed Don Tolley to fill the unexpired term of Bill Norman on the Zoning Board -ith term expiring December jl, 1969. It was moved by Councilman Banka, seconded by Councilman Davenport, that the appointment of Don _ I Tolley be confirmed by the Council. A vote was taken and the motion carried. Appointment to Canyon County Development Committee Mayor Smith also appointed Councilmen Carpenter to serve on the Canyon County Development Committee) and said that he would serve along with 25 other citizens of the County and that the Committee was designed to expidlte programs from the economics opportunities act of the federal government. 1 263 Better rrom Arrowhead machinery & riuppty Co. read for information - credit memo The following letter from Arrowhead Machinery & Supply Co. was read for the information of the Councils I 'I April 17, 1967 Mayor and City Council City of Caldwell City Hall Caldwell, Idaho Gentlemen: Enclosed is our credit memo #67 -1050 in the amount of $345.00. This credit memo is issued to you to cover your expense of repairing the frame breakage of your Model 2 -980 Wayne street sweeper. This is a joint settlement between Wayne Manufacturing Co. and Arrowhead Machinery & Supply Co., with Wayne assuming $207.00 and Arrowhead assuming $138.00. When this breakage secured, your sweeper had been in service two years and seven montha, which is greatly beyond the factory warranty period. Our feeling was that this breakage was a very unusual thing and we appealed to Wayne Mfg. Co. for their opinion. With out hesitation, they agreed to bear .the major portion of the expense, hence our credit memo to YOU. We sincerely hope that the action taken here will warrant your continued faith in our company and Wayne Mfg. Co. Youre vary® truly, /S/ Frank D. Masher Annual Audit approved The matter of the annual audit of city records, for Fiscal Year 1966, as presented by Mr. Tony Messuri of Jackson, Messuri & Hunt at the last meeting of the Council was referred to. It was moved by Councilman Martin, seconded by Councilman Keys, that the annual audit for Fiscal Year 1966 be approved. A vote was taken and the motion carried. Letter from Postmaster to Chief of Police referred to Council The following letter from the Postmaster to the Chief of Police had been referred to the Council and was read as follows: April 7, 1967 FROM: Postmaster Caldwell, Idaho 93605 TO: Chief of Police Caldwell, Idaho 83605 The business firma between llth and 12th Streets on Cleveland have requested us to put a mail collection box in that block. They would like to have the box on the righthand side going east. However, there are some people who would like to have the collection box placed in front of the library on the lefthand side. The box we have in mind is a anorkel -type box which you can drive up to with your car. We have no preference in placing it on the right or the lefthand side so we are asking you for information as to whether it should be placed on one side or the other and let you mkke the decision where it will be placed, or if we can place it there at all. It will be a drive - in type box and be set at the curb in the same manner as those near the Poet Office. Would you please give this your consideration and your recommendtions for the placing of the box. /S/ James M. Lyke P Mayor Smith informed the Council that the Chief of Police had no particular objection to the location of the collection box and although it was picking up with traffic, he didn't think there would be to much of a problem there now. The Chief of Police commented further on the location in that he didn't think they would want it on Twelfth as it was all residential with the exception of the Artic Circle and he said that, in his opinion, it would be a lot safer on the left hand aide than it would be on the right hand aide for the reason that the ( drivers would have to reach through the right hand side in order to put the mail in the box and during their r reaching over, their feet could get tangled, and get onto the foot feed causing some real trouble. After discussion by the Council, it was agreed that the Chief of Police should discuss the matter further with the Postmaster and it then be considered again by the Council. Report of City - County Health Department Sanitarian Reports from the City - County Health Department Sanitarian for the months of February and March, 1967 were read for consideration of the Council and ordered placed on file. �0roup Rolicy Amendmant presented and approved - #194033 t The matter of dependent coverage under Standard Insurance Company Policy #194033 for employees of 264 the City police and fire departments as previously presented to the Council (Minutes - page 242) was to and the following presented? GROUP POLICY AMENDMENT Attached to and made a part of Group Policy 194033 issued to the City of Caldwell as Policyowner. It is understood and agreed that that portion of the DEPENDENTS LIFE INSURANCE SUPPLEMENT which:- reads- Classification of Dependents Amount of Insurance Spouse . . . . . . . . . . . . . . . . . . $ 1,000.00 Child while age 14 days and under 6 months . . . . . . . . . . . . 100.00 Child while age 6 months and under 2 years . . . . . . . . . . . . 200.00 Child while age 2 years and under 3 years . . . . . . . . . . . . . 400.00 Child while age 3 years and under 4 years . . . . . . . . . . . . . 600.00 Child while age 4 years and Wider 5 years . . . . . . . . . . . . . 800.00 Child while age 5 years and under 21 years . . . . . . . . . . . . 1,000.00 is hereby amended to read; Classification of Dependents Amount of Insurance Sp ouse . . . . . . . . . . . . $ 1,000.00 Child while age 14 days and ender 6 months . . . . . . . . . . . . 100.00 Child -While age 6 months and under 21 years. . . . . . . . . . . . 1,000.00 This amendment is effective as of April 1 1967. Dated 1967 at It was moved by Councilman Davenport, seconded by Councilman Banks, that the amendment to Standard Insurance Company Policy #194033 be approved. A vote was taken and the motion carried. Disposal Form No. 6 approved Disposal Form No. 6 requesting the disposal of Water Department Gash Stubs for the period of July 5 thru October 31, 1961, was presented for the consideration of the Council with the following recommandations from the City Clark: "Reference is hereby made to Section 50-807 (b) of the Idaho Code (House Bill #3): Classification and Retnetion of Records. The aforementioned could be classified as nSemi- Perminent records" and are over five (5) years old. I would recommend that they be destroyed by burning as set forth in the above referred Section of the Idaho Code." It was moved by Councilman Martin, seconded by Councilman Keys, that the disposal of Water Depart- ment Gash Stabs be approved as per recommendation. A vote was taken and the motion carried. Report on disposal of dogs - location Mayor Smith, for information, reported to the Council that there had been a problem in the disposal of dogs at Curtis Park in that there was no follage on the trees with the result of some complaints from women living in the area. The problem had been discussed with the Chief of Police and they were now attempt- ing to find another location, possibly at the old dump ground at the end of Belmont. The Mayor further stated that the City really needed about $2,000.00 to purchase a dog incinerator with charges to be made for the disposal of doga3 however, the matter might be considered again at a later date. New agreement 'with Caldwell Golf Association approved Mayor Smith presented a new agreement between the City and the Caldwell Golf Association for the consideration of the Council. He explained that the old agreement was completely fouled up, that the City couldn't live with it, and the new agreement corrected these situations on the basis it was intended and is presently being operated on. The agreement was then read. After discussion of the agreement in general and specifically Section VI in which the City assumed the note and chattel mortgage in favor of the Bank of Idaho and Section VIII in which the City asscmed tha obligation of the Idaho First National Hank concerning the well and pressure system at the Purple Sage Golf Course{ it wan moved by Councilman Davenport, seconded by Councilman Martin, that the Mayor and City Clerk be authorized to execute the agreement with the Caldwell Golf Association in behalf of the City. A vote was taken and the motion carried. - Quitclaim Deed accepted - to be recorded - Instrument No. 593931 The City Engineer presented a Quitclaim Deed from Kenneth D. Shell and Telva P. Shell, husband and wife, to the City of Caldwell for a part of North Montana north of Uvalde which was presently being used as i, a street. He recommended that the Deed be accepted by the City. It was moved by Councilman Carpenter, seconded by Councilman Keys, that the Quitclaim Deed be accepted by the City and that it be recorded by the Clerk. A vote was taken and the motion carried. 265 Agreement between the State Highway Department and Railroad Co. reviewed The City Engineer presented an agreement between the State Highway Department and the Railroad Co. r— which he said, wasn't exactly pertinent to the city, but it asked that the city review the aggreement concern. Iling the spur that goes to the American Oil Company since it was within the city. He stated that this was a State Highway and he had requested the American 011 Company to deal with the Highway Departments he didn't know if the Council needed to review it in detail because it didn't directly concern the city; however, the State had reserved the right to several things, and it would concern the city because if it got rough, the city was going to take it on the chin, he supposed, for the traffic that goes over it. The City Engineer further stated that he had tried to got some other type of crossing than the vmoden crossings they have and the State requested a different type of crossing than the wood on each aide but they don't build then anymore. He stated that they have a real neat crossing although they didn't meet the grade quite and they had said that they would meet it. He said that it was obvious that someday Avon was going to be sidened and improved to an urban section and the State had reserved the right, at no cost to the State or to the City that this will be changed to conform to future grade; that they had also stipulated that they (the railroad) would furnish drainage if it is needed underneath the tracks and he had stipulated, for the City, that they (the railroad) provide a carrier pipe for a 10° cast iron main but none of this was put in when they were out there and the Railroad Company was real difficult to deal with when yon want to get under their tracks. Mr. Lewis then stated that, if the Council had any comments, he would like to know what they were so he could inform the State Highway Department in that they had asked him for his comments on this. He ad ad that it would not be a signalized crossing but they were supposed to have a glagman when they switch in there and the Railroad Company was to maintain the crossing. Some discussion followed as to the length of the timbers at the crossing and of the fact that there w only 25 feet of right -ef -way there with about half of the oil being on Railroad right- of -wayy. Resolution No. 10 Councilman Carpenter sponsored the following Resolution and moved its passage: RESOLUTION NO. 10 BY COUNCILMAN CARPENTER A RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF IMPROVEMENTS IN LOCAL IMPROVEMENT DISTRICT NO. 61 OF THE CITY OF CALUWELL, 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 Improvement District No. 61 of the City of Caldwell, Idaho, for the purpose o 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 a portion of said ,,district providing for construction of sewers, ditches, drains, conduits and channels for sanitary and Ildrainage purposes, either or both thereof, with outlets, cesspools, manholes, catch basins, flush tanks, septic tanks, and all other necessary sewer appurtenances; and WHEREAS, The City, Engineer of the City of Caldwell has prepared and filed with the City Clerk of said City, plans and specifications for the construction of said improvements in said Local Improvement District No. 61 of the City of Caldwell, Idaho, which said plans and specifications have been presented to i the Mayor and City Council and approved; and WHEREAS, It is desirable to invite bids for the construction of said improvements; NOW, THEREFORE, Be it resolved and ordered by the Mayor and Council of the City of Caldwell, Idaho; 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. 61 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- pose of surfacing, grading and oiling the streets therein, and in a portion of said district providing for N 3traction ons of sewera, ditches, drains, conduits and channels for sanitary and drainage purposes, either or both thereof, with outlets, cesspools, manholes, catch basins, flush tanks, septic tanks, and all other 266 necesaery sewer appurtenances 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 b Pn lish the same in the News - Tribune, official newspaper of the City of Caldwell, on April 20, 27, and May 4, 1967, calling for the opening of said bids at the City Hall on the 5th day of May, at the hour of 4 :00 o'cloc P.N., in accordance with Section 50 -2936 of the Idaho Code. i 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, Heys, Martin, Carpenter, and Davenport. Negative votes: none. Absent and not votingr Harrison. Mayor Smith declared that Resolution No. 10 had passed. r The City Engineer informed the Council that along with the call fo bids for construction work andex the local Improvement District, be would also like to bid the concrete work that goes with the new fire station, as well as for sidewalks, and also, another item for replacing some of the bad curbing in some of th previous Local Improvement Districts; these would be in considerably short sections for some that was poured 10 years ago and began showing up some 7 years later. Applications for Bartender Permits approved Applications for Bartender Permits from Fred Diggs, James Maxwell, and Glenn S. Brarmam were pre- sented 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 Martin, 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. Bills for Mid -April It was moved by Councilman Martin, seconded by Councilman Banks, that the warrants for claims be approved no per list and filed in the City Clerk's office. Such warrants being in the totals as follows: Warrant Numbers 255 thra Soo, General Fund: ----------------------------------- $ 3,252.12 Warrant Numbers 163 thru 200, Water & Sewer Fund: Water -------------------- -- 1,159.43 Water, Capital ------- ---- - -- 51.60 Treatment Plant ------ - - - - -- 642.13 Water, General Office - - - - - °- 163.16 Water, Deposit Refund - - - - - -- 2.00 E Warrant Numbers 269 thra 325, Special Fands: Fire ------------- -- --- - - - - °- 147.15 Cemetery --- ---------------- 43.63 Street - ---- -- --- --- ---- - ---- 3,67 Street, Capital ------ - - - - -- 3 X 300.00 Sanitation ------------ - - - - -- 249.92 Irrigation ------ ----- - --- -- 175.68 Cemetery Sinking - °---- - - - - -- 1L2.01 A vote was taken and the motion carried. $ 13,0 7. Thera being no further business to come before the Council; it was moved by Councilman Martin, seconded by Councilman Carpenter, that the meeting adjourn. A vote was taken and the motion carried. The meeting adjourned at 10:00 P. M. r COUNCIL CHAMBERS MAY 1, 1967 8 :00 P. M. The regular monthly meeting of the City Council met in the Council Chambers of the City Hall with Mayor N. B. "Coley" Smith presiding. Upon Roll Call, the following Councilmen answered present: Charles C. Banks, William S. Harrison, James W. "Bill" Keys, V. Jay Martin, Charles W. Carpenter, and C. A. "Chet" Davenport. Absents none. Appraisal of property to be made Mayor Smith announced that the first order of business would be to consider the selling of property later described as "That portion of Block 90 of Golden Oats Addition to the City of Caldwell, Idaho, lying I South of the Notas Canal right -of -way excepting the Plymouth Street right -of -way" and that two gentlemen were present who had declared their interest in purchasing the property. The Mayor stated that the City acquired