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HomeMy WebLinkAbout1970-04-20city council minutes295 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 fish the same in the News - Tribune, official newspaper of the City of Caldwell, on April 11, 18, and 25, 1971 calling for the opening of said bids at the City Hall on the 27th day of April, 1970, at the hour of 4 : 00 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 whet the following Councilmen voted in the affirmative: Banka, gays, Davenport, and Dakan. Negative votes; nor Absent and not voting: MkCluskey and Martin. Mayor Carpenter declared that Resolution No. 12 had passed. It was moved by Councilman Banks, seconded by Councilman Dakan, 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 9:00 P.M. I, 0, � • COUNCIL CRAMBERS APRIL 20, 1970 B.-O0 P. M. The Council met pursuant to recess 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 here 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; New and unfinished business. Witness our signatures this 20th day of April, 1970. Co an x an an un an Counci lman - -------- Co Mayor Charles W. Carpenter presiding. Upon Roll Call, the following Councilmen answered present: Charles C. Hanks, James W. "8111" Keys, V. Jay Martin, and C. A. "O:net" Davenport. Absent: Alfred H. McCluskey and James R. Dakan. lommittee appointed to review Section 4, Sub - section (5) of Chapter 7 of City Code on sale of beer Mr. Jim Doolittle, Attorney at law, was recognized and he informed the Council that he was appear Ln behalf of Yr. Dick Beam and W. Bob Collins who own grocery businesses' in Caldwell on Caron Bill and iouth Kimball Avenue respectively. He said that, in view of the recent granting of licenses for the package isle of beer in grocery stores within the City Limits, these gentleman, were interested in asking this Counci ;o review and consider the possible amendment of the City ordinances and particularly the ordinance Section : -7 -4, Sub- section (E), which was concerning the condition of issuance of licenses for the sale of package, o :t least beer generally. He told the Council that they, of course, were interested in the retail package sa rnly in a grocery operation. He referred to the limitations of the particular section in that, as one of the =ditions of a license it refered to no sale in zoned Class "A" or "H" residential areas. He said the bass -eason, other than the fact that what was commonly called a gentlemen's agreement and was no longer apparent - .y an agreement, was the fact that they believed that the reference to this zoning ordinance, as a basis for •estricting the sale, puts these two men in an unfair competative position with their competition and they lidn't feel that it was the same matter as requesting a permit or license for the sale of beer for on MR premises consumption and didn't feel that it was anything other than getting them a right to compete equally with the people with whom they are in fact competitive. Mr. Doolittle commented further that, as the Council knew, the ordinance power was wide and broad and the zoning power was wide and broad but they were asking the _ Council to consider whether or not, in view of what was actually occuring within the City, it is an ordinance that makes this one restriction in this one case bears a substantial relationship to the public health, welfare, morals or safety, and, that they were of the opinion that it does not and were asking the Council to consider modification of that ordinance so as to eliminate that one condition. Councilman Davenport stated that he had heard, during the past several weeks, of this condition that exists and he had hoped that perhaps this particular situation could be resolved through, or that the Council could get some recommendations through the Zoning Commission but, on the other hand., he could see perhaps where they were not very anxious to tie into a rezoning for the sale of beer. He said that, in other words, the one store on Canyon Bill was in the heart of a residential area and he wouldn't think that the neighbors surrounding this particular business would want the area rezoned as Commercial so, it would come to a spot zoning situation, and, he had heard that the Zoning Corrnission didn't look favorably upon taking this ;particular action. CounciLman Davenport then told the Council that he had talked to different people about this and said he thought everyone sitting here on the Council realized that when the gentlemen ' agreement was broken a few weeks ago that the request heard here tonight would come before the Council and, if it took a change in the ordinance, he thought they should probably take a pretty good look at it; that he thought the time comes when we have to up -date things and this may be an instance; that he couldn't see much difference in going into Dick Beams store and buying groceries and then driving a few blocks into a Commercial Zone and buying some beer to take out and take home. He added that Mr. Beam claimed he was being discriminated against and perhaps he was because what about the people in his area that may want to buy some beer - they may be being discriminated against because they had to drive further to buy it when the store there could have it more convenient for them. Councilman Davenport then told the Council that these were arguments that he had heard; that he had listened to a lot of them and had tried to defend the code in most instances but when he had heard from these people and a lot of others that he had talked to, he thought that probably they should change the code to permit the grocery stores in the residential areas to sell package beer; that this was the way he felt about it and he probably wasn't going to be the most popular guy around but that was the way he felt and he thought they had to become just a little bit modern and face the facts. 14sycr Carpenter suggested then that perhaps a real good look should be taken at the ordinance and all that would be involved in making any changes in it; that there were probably some other things in the same section that could be looked at also such as the interpretation of the meaning of two blocks, etc., and perhaps a few of the Councilman could study it out and make recommendations back to the Council. Councilman Banks stated that he was very nuch in favor of this even though he supposed he had the reputation of opposing this because of another instance previous but he thought these man had a legitimate objection and he believed they probably were being discriminated against and he was in favor of taking a look at the ordinance. It was then moved by Councilman Martin that we do take this matter under consideration and review the ordinance with possible changes in mind with a comaittment that we take some action at the next meeting. The motion was seconded by Councilman Banks. Councilman Davenport stated that he would like to make one comment here in that he didn't think this was something that they would want to suspend the rules and pass on one reading but should be read at three separate meetings to afford persons an opportunity to appear and object if they so desired; that, if there were enough objection, the Council could hear them; that he wonldn' want to vote for passage on one reading. A vote was taken and the motion carried. Mayor Carpenter appointed Councilman Banks, Councilman Davenport, and Councilman Martin as a Committee to study the ordinance and recommend any changes. Sanitary condition of Swim Pool discussed Councilman Banks then told the Council that Dr. Don Price was Chairman of the Swimming Pool Board 297. and with the publicity in the paper tonight in regards to Jerry Beard's science paper presented at Idaho State this last week, he had called Dro. Price late this afternoon and had asked him if he would come down and tell the Council a little on the scientific aspect as a doctor in that he probably was as well versed as anyone would be on the sanitation of the City's pool. Dr. Price told the Council that he spoke with mixed emotions here as President of the Caldwell swii Association which was a group of parents who were interested in swimming and whose children are swimmers in need of a swimming pool and then, as a Doctor, talking about the sanitation of the pool these kids are swim. ding in. Dr. Price then said he hadn't had a chance to look over Jery Beard's report in great detail, how- ever, he thought the full report was in the newspaper tonight and from the scientific standpoint, if things were carried out as Jerry had pointed out, he thought there was no question at all that we were not within the laws of the Public Health Department of the State of Idaho or for that matter, probably not for any othe State, and that our pool was not sanitary and there were some dangers to it. He said they had known this fo a long time he thought and there had been an effort over the years to correct the deficiencies. Dr. Price then went back to an experience he had had before he was a Doctor and was the swimming pool manager at Nampa He said he thought out situations were very similar; that both cities had swimming pools which was an ideal situation for a swimming pool; that, at this time, these pools were filled daily and drained each night with constant circulation of water through them, doing an excellent job. He said that some years back the .State Health Department came back and said you have to chlorinate your swimming pools and in answer to the questio said it was because it's the State law - they had been asked to show why the present methods weren't right and they had attempted for two or three years to find counts like Mr. Beard had to make the pools unsuitable for use and at no time, including the 4th of July after a thousand kids had been through the Nampa swimming pool, could they find a colony count that was worse than the Nampa water supply for drinking water and, finally, after about two years of this, they came back again and said the pools had to be chlorinated becaus it was a State law and the State had been then asked to show Nampa how to chlorinate it. He said they had run into a problem there and he would imagine it was run into in Caldwell; that, being this is a mineral typ wall and chlorinating mineral water is real difficult that in Nampa, with this large head of water, they had put in all the chlorine the largest equipment could feed and by the time the water got to the other side of the pool, there was no chlorine residual because of the mineral in the water and it had absorbed the ohlorin Me next step was to say they would do away with the beautiful artesian warm water well and use city water which they could chlorinate but this brought up the problem for swimming pools that were designed for one type of a situation and all of a sudden there was an entirely different type of situation to deal with - putting in a stream of low volumn water, chlorinating it, leaving it in for a weex at a time, draining it out at that time and filling it again with fresh water and chlorinating it with kids swimming, etc. He said that all they were doing was killing and recirculating germs. Dr. Price then said that this was one side and now he was on the Health Department side and that we still had the same problems in that the pools were not designed to be chlorinated and the only way it could be done affectivly was to chlorinate it through a re- circulating system that would move water through, and, as Mr. Beard had pointed out in his article - in out pool design, the water in the corners don't get chlorine and the center of the pool gets so much chlorine that the kids eyes are terribly irritated and nothing in the deep hole at the end. He said we had a lousy design with a make -shift means of trying to do something about it and there had been tries time after time and he would have to agree from the sanitation standpoint we now have, it was not good although he thought what we had had many years ago was good and woul still be good; but, it didn't fit the State Law. He said then that we have a problem and have to do somethii about it and the question was, what are the solutions. Dr. Price related in that there had been investigations and Mr. Bill Crookham had tried to figure out ways to solve this and there had been a lot of communication by NIr, - Ward Stone, Chairman of the City Recreation Commission, and they had gotten some estimates, plans, and suggestions, all of which needed to be 298 backed up by a good Engineer's Study to say it was feasible so there were Some means that the City pool could be adapted to a re- circulation system with adequate chlorination and with proper circulation through the pool that this would involve money, probably in the range of $15,000.00 to $25,000.00 and these estimates were not made by professional people. In answer to the question by Vx. Ward Stone as to any suggestions he might have for this Sumer operation, Dr. Price referred to Mr. Beards report where he siad that on the days the water was changed, nev water put in and chlorinated, there was no bacterial count that was dangerous and the chlorine levels were adequate and apparently the acidity of the water was adequate. Dr. Price stated that, as a stop -gap measure, the pool could be drained every night and re- filled and chlorinated rather than every three days and, of coarse, there were costs involved here. Mr. Lars Aarland spoke in that there were a lot of other trouble areas too rather than just the health aspects of which Mr. Beard had commented on. Some further discussion followed afterwhich Mayor Carpenter said he was sure this would be a mattes which would receive a lot of consideration and a lot of thinking to see what might be worked out in the dis- cussions that were had. Special Permit to park trailer house approved conditionally Imogene tiler was recognized and asked permission of the Council and the granting of a Permit allowing her to park a trailer at 1105 North Fifth Avenue on church property and next to the Church. She told the Council that she had been renting since the first of April and the place where she was living had been sold, that she had gone ahead and ordered a trailer not knowing that she wouldn't be allowed to park it there no the trailer was ready with no place to put it; that she had 5 children and herself with the childre at this time, living with other folks. Mrs. Eiler said she was the sole supporter for the children and couldn't afford to park in a trailer court and the church had been broken into several times and they would prefer to have someone being there; also, she understood an ordinance had been proposed and was in the pro- cess of reading but she wondered if a temporary permit could be granted. Mayor Carpenter told the Council that Mrs. Eiler had talked with him about this and that her five children were now staying with the Pastor of the Church and he also had five children which made for quite a house full and it was a real problem. The Council discussed whether or not the trailer and property where it was to be located would mee the regulations as set forth in the proposed ordinance, and, in answer to the question, Mrs. Eiler told the Council that the trailer was twelve feet wide and sixty -five feet long. The Council also discussed the possibility of a special permit for purposes of a night watchman until the pending ordinance had been acted upon. It was then moved by Councilman Keys, seconded by Councilman Davenport that a special permit be issued for parking the trailer providing the trailer be hooked to the city sewer rather than to a septic tank. A vote was taken and the motion carried. Mayor Carpenter informed Mrs. Eiler that she should see the Building Inspector for a Special Perxrc that there would be a $25.00 fee with the Parmit subject to review for renevral at the end of one year and, that the parking of the trailer might comply with the provisions of the proposed ordinance for parking mobile homes in this area when approved. Invitation for representation on Nampa Jaycees water polution project Mr. Thomas Busse, representing the Caldwell Jaycees, presented the Council with a letter from the Nampa Jaycees concerning their project on water polution asking for representation on a tour to take place c Saturday, April 25th, when those participating would meet at the Nampa High School at 12.30 p.m. with the tour to begin at 1tCC p.m. The invitation had also been presented at the meeting of the Council on April 6th and Mayor Carpenter told Mr. Busse that he had sent in the names of those who would take part in the tour to the Nampa Jaycees and there might even be more than two or three. Proposed Mobile Home ordinance discussed Mr. Ernest Keller addressed the Mayor and Council and asked if there would be any difference in building houses against mobile homes in the area under the proposed ordinance being considered by the Co�inci Fg ■ or would there be any restrictions such as how close you could build houses against mobile homes. Councilman Keys informed Mr. Keller that this would conform to the present housing code. Mr. Logan Kerr then told the Council that Mr. Ward had informed him that, if the City passed a law that mobile homes could be placed indiscriminately there (not in courts); they would not go on FHA loans in that area and this was the basis of Mr. Keller's question. It was stated then that at one time FHA would not make loans in this area and, in answer to the question as to when this had changed, Mr. Kerr stated that this was still the case but Mr. Ward had informed him that if this were passed, they would not allow him to put any 235 HOD programs in that area or 4DI new programs. He said Mr. Keller was interested in building houses on his property. Restrictive covenants were discussed and Mr. Kerr spoke of a meeting to be held on low cost housing and he also spoke of tightening up the sewers in the area and turning the area back into a awanp and the affect of such problems in the area. After further discussion, it was suggested by Councilman Keys that Mr. Kerr take a copy of the pro- posed ordinance to Mr. Ward of FYA and get his opinion. Safety practices for City employees discussed Mr. Waldo Paddock, Safety Director for the City, told the Council that he had talked to Mayor Carpenter and he had thought that each of the Council should have a copy of the Orldaho Minimum Safety Standards and Practices" and be familiar with the law under the Industrial Accident Hoard and, a copy of the Standards and Practices had been placed at each of their positions at the table for this purpose. He said that, after reading it, if they would give him and the Safety Committee recommendations or suggestions as to how closely they should follow it; that he and the Safety Committee recommended that they do follow the rd r;im.m standards and the Committee had also recommended that job application forms be standardized for the City to some extend and the City provide a method whereby each applicant can pass a physical examination for the job for which be was being hired but not to eliminate a handicapped man from being hired, and, that all departments train their personnel, especially in how to lift and in house keeping. He said most of the loose were from lifting or falling over something and these had been quite expensive to the City of Caldwell and to the employees in the last three years. He suggested that all City vehicles be equipped with seat belts and all drivers be required to use thew except a police officer in a vehicle when it travels less than one block such as when checking doors; that all employees be required to wear highly visible clothing and suits and hard hats or bump hats. He said this was all required in the Safety Standards and they recommend that all City employees wear name tags and identify the department in which they work. Mr. Paddock explained the effect of industrial accidents on the City's insurance rates and that the City's experience over a three yea period had now raised the City's premiums enormously and they would like for the Council to look these Standards over and, by resolution or otherwise, give the Committee backing in working with the different departments. Claim presented and approved for payment - application for ?Dl funding A claim from Environmental Planning Group, Inc. at 1523 Hays Street in Boise, (Johnson and Nelson) for professional services in preparing the applications for a 701 Urban Planning Grant submitted to Ada Dept of Commerce and Development requesting funds for preparation of a comprehensive plan for the City of Caldwel was presented for the consideration of the Council with the claim being in an amount of $1,200.00. It was moved by Councilman Martin, seconded by Councilman Banks, that payment of the claim be approved. A vote was taken and the motion carried. Second Reading - Bill No. 8 Bill No. 8 sponsored by Councilman Keys, entitled: AN ORDINANCE FOR THE REGULATION OF TrE PLACEMENT AND LOCATION Or INDIVIDUAL 'MBILE HOME BRITS ON INDIVIDUAL PARCELS OF LAND. was read for the second time. Councilman Keys referred to Section I of the Bill and said that he thought it had been agreed at the first reading that this Section had just as well be striken and the Council appeared to be in agreement on this. Third Heading - Eill No. 5 - - No. 1192 Mayor Carpenter told the Council that the City Engineer had informed him that Mr. Hoshaw had pro- vided the City with the Easement necessary for fulfilling his conmdttment with regards to the sewer in re- 300 lation to the annexation of his property and the Easement was as discussed although he nad also mentioned hat it might be necessary in time, as the property was developed by Mr. Hoshaw, that the route might need to be changed a little and it should be possible to arrange for an exchange of Easements for this if necessary. Bill No. 5 sponsored by Councilman Martin, entitled- AN ORDINANCE DETERMINING THAT CERTAIN LAND IS ENTIRELY SLEROUNDED BY PROPERTIES LYING WITHIN THE BOUNDARIES OF THE CITY OF CALDNELL, COUNTY OF CANYON, STATE OF IDAHO: AND DECLARING SAID WED, BY PROPER LEGAL DESCRIPT ON THEREOF, TO RE A PART OF THE CITY OF CALDWELL, CANYON COUNTY, IDAHO. a then read for the third time and the Council proceeded to consideration of Bill No. 5. It was moved by Councilman Martin, seconded by Councilman Davenport, that Bill No. 5 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, Martin, and Davenport. Negative votes: none. Absent and not voting: McCluskey and Dakan. Thereupon he Mayor declared that Bill No. 5 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. 1192. The Mayor directed the Clerk to make proper entry of the same and to cause Ordinance No. 1192 to be published in the News - Tribune, the official newspaper of the City of Caldwell, Idaho. Agreement authorized by Resolution No. 8 amended Mayor Carpenter referred to discussions with the County Commissioners regarding the Resolution adopted by the City on the 16th day of March, 1970, and regarding the agreement concerning and creating the Canyon County Development Council and with regards to haw the voting would take place. The Mayor reported that today, with the fine help of Mr. Pete Olesen, they had come to an understanding with the County ommissioners on the one man, one vote status and because of this, it would be necessary for the City to amen he previous agreement in this respect. He referred to Article IV of the Agreement concerning the Canyon Development Council which read as follows: ARTICLE IV MEMBERSP.IF, OFFICERS AND COMMITTEES Section 1. The Council shall consist of Canyon County hereinafter designated as "County Council Member ", and the cities of Nampa and Caldwell, each having a population of over 12,000, and hereinafter designated ae "Central City Council Members ", and such other incorporated cities lying within the boundaries of Canyon County that may have a population of less than 2500 persons that have resolved to loin the Council, and are hereinafter designated as "City Council Members". Section 2. The County Council Member shall be represented by three (3) voting Council representatives, namely: the three (3) member of the Board of County Commissioners. The Central City Council Members shall be represented by two (2) voting council re- presentatives, namely: the Mayor and a City Council Member appointed by that body. Any City Council Member shall be represented by one (1) voting council representa- tive, namely; the Mayor or a City Councilman of the respective city. With referenee.then to Section 2; Mayor Carpenter said that portions of this section would need to be eliminated and would read as follows: Section 2. The County Council 'Members shall be represented by namely: the three (3) members of the Board of County Commissioners. The Central City Council Members shall be represented by namely; the Mayor and a City Council Member appointed by that body. Any City Council Member shall be represented by namely: the Mayor or a City Council- man of the respective city. Voting will be on a one man, one vote ratio according to the population for the representatives of the seven Incorporate cities as follows: Caldwell, 13,000; Nampa, 19,000; Middlatcn, 500; Parma, 1300; Wilder, 600; Melba, 300; and Notus, 300. The County Council members will represent the population outside the Incorporate city limits of 25,000, also on a one man, one vote basis. These voting ratios will be changed accordingly to population grrn th as each census occurs. It was moved by Councilman Davenport, seconded by Councilman Keys, that the aforementioned Agree- ment be so amended. A vote was taken and the motion carried. Councilman M told the Council that he thought :r. Olesen had accomplished something here that an elected official of either of the municipalities couldn't have and at his request, Mr. Olesen was invited to make an off the record report regarding his contact with the County Commissioners and the subsequent visa' to the City of Nampa. Resolution No. 13 Councilman Martin sponsored the following Resolution and moved its passage: 301 RESOLUTION NO. 13 Iwl BY COUNCILMAN MARTIN APPLICATION FOR SURPLUS PROPERTY ELIGIBILITY NAME OF COUNTY OR STATE DEPT. Caron County - Cities Civil Defense ELIGIBLE UNIG Cit of Caldwell ame o our y, ity, illage, 'lighway District, etc.) ADDRESS City Hall, Caldwell, Idaho 83605 We, the Governing Board of the above - mentioned Civil Defense Unit, do certify and agree to the following Iterms and conditions governing the acquisition of Federal Surplus Property from the Idaho Surplus Property Agency through the Idaho Department of 'Disaster Relief and Civil Defense. 1 The property which will be requested is usable and necessary in the State for Civil Defense purposes as stated on the transfer document and in accordance with the State Surplus Property Regulations and the Federal Civil Defense Guide, Part F, Chapter 5, Appendix 3, Procedures for Donation of Federal Surplus Personal Property. 2. Funds are available to pay the costs of care and handling, incident to donation, including packing, pre- paration for shipping, loading, and transporting such property, 3. There will also be applicable such other terms and conditions as are contained in the regulations of the Office of Civil Defense and Title 32, Code of Federal Regulations, Sub -title C, Part 1702. A. Except as expressly waived in writing by the Director, OCD, on a case basis, the period of restriction Y all items of property donated for Civil Defense purposes shall be four years from the date such property is acquired. The specific exceptions are as follows: A. Motor vehicles, federal supply classification (FSC Group 23) for which a two year period of restrict- ion shall apply. 5. All surplus property shall, during the period of restriction, be properly maintained in good operational condition and stored,,installed or utilized and maintained as necessary to achieve a state of operational readiness as required by Civil Defense missions including natural disaster, assigned to the donee in accordance with the Civil Defense operational plans of the State or local government, operational read- iness may include necessary use in training under an approved Civil Defense training program. 6. During the period of restriction, the property shall not be sold, leased, traded, loaned, bailed, en- cumbered, or otherwise disposed of without the specific prior, written approval of the Director, OCD. 7. In the event any of the terns and conditions set forth in this section are breached, all right, title an interest in the property involved, at the option of the Director, OCD, shall revert to the United States of America. In addition, where there has been an unauthorized disposal or improper use of any kind, the donee, at the option of the Director, OCD, shall be liable to the United States for all damages. Where the property is not returned to the United States Government or where property is improperly used, the donee shall be liable to the United States for any proceeds from the disposal or improper use of for the fair market value or rental value of the property at the time of such disposal or improper use, at the option of and as determined by the Director, OCD. It is resolved that certification and agreement for participation in the Federal Surplus Property Program, noted herein, shall be spread upon the minutes of this meeting and that the following named representatives with their signatures shall be and are hereby authorized to obligate the funds of the above named Civil Defense Unit, and to obtain transfer to it from Surplus Property Agency upon and subject to the terms and conditions relating to transfer of property for Civil Defense purposes set forth above. REPRESENTATIVES AUTHORIZED TO SIGN FOR SURPLUS PROPERTY Charles W. Ca enter _ 1 City of Caldwell ^Ca or UNIT TIT John L. En lehart Ci Hall SS Cit of Caldwell CitZ Clerk TITLE Wh'D'REAS, the aforementioned unit has established a Disaster Relief and Civil Defense Unit, and has a plan an program in conformance with the State Plan and Program, and; WHEREAS, the Governing Board or body has read and understands the rules and regulations for use of Federal. Surplus Personal Property and agrees to abide by these rules and regulations for Surplus Property acquired; 7=13EAS, this organization desires to become eligible to receive Surplus Property; NOW TUE'REFORE BE IT RESOLVED that this resolution of authorization remain in full effect until amended, superseded, or rescinded by resolution of this Board with three (3) copies transmitted to the State Departm of Disaster Relief and Civil Defense, Statehouse, Boise, Idaho. The motion for passage was seconded by Councilman Hanks. A roll call vote was called for when the following Councilmen voted in the affirmative: Banks, Keys, Martin, and Davenport. Negative votes: none. Absent an not voting: WcCluskey and Dakan. Mayor Carpenter declared that Resolution No. 13 had passed. 302 Report of Police Department The monthly report from the Police Department for the month of March, 1970, was read for the consideration of the Council ' and *as ofdsrad placed on file. Final Plat of Southgate Subdivision No. 1 approved The City Engineer presented a Final Plat of Southgate Subdivision No. 1 for consideration of the Council. He told the Council that this was the Plat Mr. Loop was interested in south of the City and that he thought the only difference between this and the preliminary plat was that the access lane down to Dstic Road was 56 feet wide rahter than 50 feet and after checking, he thought it met all the requirements of the City and he would recommend approval of the Plat. It was moved by Councilman Banka, seconded by Councilman Keys, that the Final Plat of Southgate Subdivision No. 1 be approved and the Mayor and Clerk be authorized to execute the Plat in behalf cf the City. A vote was taken and the motion carried. Easement accepted and to be recorded - Foward M. Hoshaw and Laura C. Hoshaw An Easement from Edward M. Hoshaw and Laura C. Hoshaw, husband and wife, as preViously discussed, was presented by the City Engineer for the consideration of the Council and he recommended that the Easement) be accepted. It was moved by Councilman Tdartin, seconded by Councilman Davenport, that the Easement be accepted and that it be recorded by the Clark. A vote was taken and the motion carried. (Inst. # 6 42553) Easement accepted and to be recorded - Katherine M. Ament The City Engineer also presented a sewer Easement from Katherine M. Ament, a widow, with said Easement starting one -half Block north of Ash Street to serve the Ament property and to be installed by them He recommended that it be accepted for recordation. It was moved by Councilman Banks, seconded by Councilman Keys, that this Easement be accepted by the City and it be recorded by the Clerk. A vote was taken and the motion carried. (Inst. #642554) City to pay toll collected for Irrigation to the Golden Gate Irrigation District The City Engineer then explained to the Council that he had a letter in his office from the Golden Cate Irrigation District on some property that, for years the City thought was in their District and it turn out to be in the City's District, with the City taking the money and furnishing water through the Golden Gat Irrigation District ditch. He said the property was located in and was a part of the N9A,-NE'Mj less the tdot Canal in Section 22-4 -3 and the City had no way of serving the property. The Golden Gate Irrigation District had posed that perhaps they should receive the toll as they were serving the property. The City Engineer than recommended that the City pay the toll collected on this particular pro"rty if they could legally do so, to the Golden Gate Irrigation District each year for each year served by that District and beginning this year nth the submission of a proper claim. He said it would amount to $12.00 per sere on 8J acres. City Attorney Wayne Davis told the Council that the only way the property could be removed from th City Irrigation District was by an ordinance altering the boundaires of the District and that he could see n objection to leaving it in and merely pay the Golden Cate Irrigation District the toll collected. The City Engineer also pointed out that with the property being in the City's District, it had water rights in the Pioneer Irrigation District and he wasn't sure the City could transfer these rights as the City was a distributing agency for the Pioneer Irrigation District. The City Attorney stated that von couldn't defeat the bonding rights of the Pioneer Irrigation District and the land would have to stay there. It was moved by Councilman Banks, seconded by Councilman Keys, that the toll collected by the City for this property be paid to the Golden Gate Irrigation District as recommended. A vote was taken and the motion carried. It was stated that this action did not authorise any payment for previous years. Report on Irrigation problem - Scotty's Trailer Court The City Engineer then referred to an agreement which he said he really didn't know anything about and had not been a party to but that Scotty's Trailer Court was doing the same thing as just discussed but the City did have a means of serving him although it wasn't very adequate and the ditch paralleling the main ditch was flat and Scotty claimed he couldn't irrigate out of it. Mr, Lewis told the Council that should the Golden Gate Irrigation District exclude sebtty's Trailer Court from their ditch, he thought they had no other alternative and the solution here was for them to irrigate out of the means the City had for serving them or, Rake their awn arrangement with the Golden Gate Irrigation District and he would so advise them of this. M3 xepero on Lrrigazion prooi.em - uemecery property In answer to the question by Councilmen Keys, the City Engineer explained that the Caldwell Irrigation District had a main line across the City's cemetery property and a lateral with several boxes fro r-- which the farmer (Mr. Nickels) leasing City property gets his water and that, apparently a year ago, the ditch -rider for the Caldwell Irrigation District constricted the flow out of those boxes by metering under- ] neath the gates so only a certain amount of flow would come out. He said he hadn't yet discovered why the ditch -rider had done this because there didn't appear to have been any trouble with the farmer and, on the other side and from hearsay, the District seemed not to have been able to regulate their water; however, he couldn't prove this and at the Mayor's suggestion of getting all the parties together, perhaps they could fir i out why this was done. I Mr. Lewis told the Council that the farmer said he was not able to irrigate his beets last year because he Couldn't get enough water and he didn't say now it affected his yield but, due to a lack of water, he claims there are spots in his field now where the beet seed is not germinating the way it should and he doesn't want to go through another season without adequate water. Also, in talking with the Golden Gate Directors and since they have a new ditch - rider, they don't want to move until they determine how much wate is being delivered. Mr. Lewis said it appeared to him that when the constrictions were put in they were put in arbitrarily, if the District didn't know how much water was bei „g delivered when they were put in, so there was a conflict here. Mr. Lewis told the Council then that, he would assume unless otherwise directed, that the legal delivery was an inch per acre of continuous flow which is considered to be the legal delivery and, with sixt acres of farm land, Mr. Nichols would like to get sixty inches of flow from any one of the sources, however, the Caldwell Irrigation District say that, if they allow this, Mr. Nickels would open two connections and draw more water than entitled to and cause a regulatory problem for the District. Mr. Lewis said he still couldn't find where there had been any conflict in the past or where Mr. Nickels had refused to cooperate i in the use of water and Mr. Nickels could not irrigate with constrictions of fifteen inches of water from each of four delivery points; that notice had been served on the Board of Directors of the Caldwell Irrigati District that the City wanted enough so Mr. Nickels could raise his beets and that certainly, within the water that the City was entitled to, Mr. Nickels had ought to be able to do this. Applications for Pool Licenses approved Applications for Pool Licenses for second quarter of 1970 were presented for the consideration of the Council as follows: Lela Wall & Paul Nunn d/b /a PEE WEE 1 6 INK at 315 No. 5th - fee, $15.00 Yosie Ogawa d/b /a POCKET BILLIARD & SNOOKE.R at 713 Main St. - fee, $15.00 Each application was accompanied by a receipt from the Clerk for the required fees for renewal. It was moved by Councilman Davenport, seconded by Councilman Keys, that the applications for re- newal of Pool Licenses for the second quarter of 1970 be approved and the Licenses be issued. A vote was taken and the motion carried. Applications for Bartender Percrics approved Applications for Bartender Permits from A D. Terry, Flossie M. Terry, Louise Virginia Valle, Robert D. Pierce, Wonda Hammond, Richard J. Pelkey, S. Elaine Potts, Alexander C. Silva, and Charles R. i Berry were presented for the consideration of the Council. Each application had been approved by the Chief of Police and was accompanied by a receipt from the Clerk for the required fee. It was moved by Councilman 3anks, seconded by Councilman Martin, that the applications for Bartender Permits be approved and the Permits be issued. A vote was taken and the motion carried. Reservations for those attending A.I.C. Convention discussed Councilman Martin referred to the pre - registration forms for those planning to attend the Associa- tiou of Idaho Cities Convention in Coeur d'Alene and inquired if there was any interest in trying to make reservations for the City group so they could all be together. It was agreed that an attempt be made to mak arrangements for all aytending to stay at the same Motel and reservations would be turned in to the Clerk so they could be stapled together and forwarded to the Association of Idaho Cities office in opine, Building Department re - port The City Building Inspector reported that the reason the Council didn't have a building report was b that there had only been one commercial and this was the Idaho Bank & Trust and it was an open permit as the ` were changing. H e said building permits were way down but he would have a report later. 304 Reminder on Special Council Meeting Mayor Carpenter reminded those Councilmen present of the coning special meeting for opening bids o construction work under Local Improvement District No. 66 and said the Resolution for petitioning the State Tax Commission for an increase in the tax limitation would also be presented for the consideration of the Council at that special meeting. Bills for Mid -April It was moored by Councilman Martin, seconded by Councilman Keys, that the warrants for claims be approved as per list and filed in the City Clerk's office. Such warrants being in the totals as follows: Warrant Numbers 250 thru 284, General Fund: --------- - - - - -- ---------------------- $ 6,183,31 Warrant Numbers 170 thru 181, Water & Sewer Fund: Water ---------- w ------ - ----- 602.02 Water, Capital --- --- --- -- ---- -- 442.99 Treatment Plant --- ----- --- - -- 671.76 Warrant Numbers 285 thru 319, Special Funds: Fire --- --- -- ----- --- -- _ - - - -- - _ 382.30 Cemetery ------------ -- - --- 48.53 Street -- -- ------- 4,417.39 Irrigation ---------- ----- - - - - -- 2,394.18 L.I.D. #65 ----- ---- ------ --- - -- 7.92 L.I.D. #66 ---------------- - -_ � � 135.54 ' 9Ri A vote was taken and the motion carried. It was moved by Councilman Hanks, seconded by Councilman. Davenport, that the meeting recess until 4:00 P.M. on the 27th day of April. A vote was taken and the motion carried. The meeting recessed at 10:10 P. M. Will 04 IN-11. 0 FA WE COUNCIL CHAMBERS APRIL 27, 1970 4:00 P. M. The Council met pursuant to recess 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 hereb, acknowledge notice of a Special Meeting of the said City Council to be held in the Council C=ambers in the City Hall in the City of Caldwell, Idaho, at the hour of 4:00 P. M., on the 27th day of April, 1970, for the transaction of all business in connection with the following objects: Consideration of authorizing the filiz and prosecuting of a petition before the Tax Commission of the State of Idaho for relief from the levy limitations of 63 -2220, Idaho Code; and consideration of bids for 'construction work under Local Improvement District No. 66., Witness our signatures this 27th day of April, 1970. 4 A� 'Counci 1 un man KI an uncilman Mayor Charles W. Carpenter presiding. Upon Roll Call, the following Councilmen answered present: Charles C. Banks, James W. "Bill" Key V. Jay Martin, C. A. "Chet" Davenport, and James R. Dakan. Absent: Alfred H. McCluskey. Report on error in time for Bid opening - L.I.D. #66 City Engineer Mel Lewis informed the council in that it had been intended to eliminate Nnuntain Standard Time from the invitations for Bid opening for bidding the construction work under local Improvement District, No. 66 and for the bids to be opened now; however, the wording Mountain Standard Time bad gotten ba into the invitations somehow and he wouldn't be to concerned with this excepting that all the Plans were not back in. He said he didn't know if Garrison -Young intended to bid nor did he know if Ray Kinney of Ontario, Oregon intended to bid. It was agreed that the Council proceed with the other consideration for this specia; meeting and, during this time, the City Engineer attempt to telephone those mentioned in order to determine