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HomeMy WebLinkAbout1962-04-24city council minutes338 I EXPENDITURES BY SPECIAL FUNDS SUPPLIES CONTINUED WATER FUND & WT. N0, 258 NAME Service FUND NUMBER & PURPOSE AMOUNT " Parts Company 60 -032 223.62 259 Texas Refinery Corp., 60-032 44.16 260 Toff Machine Shop 60 -032 L.50 261 United Radiator Shop 60 -032 8.50 262 Ralph Van Kleek 60 -032 48.h0 263 Vanways Moving & Storage 60 -032 845 264 Western Bearings, Inc., 60 -032 23.48 265 Western Equipment Co., 60-032 8.86 266 Western Steel Manufacturing Co., 60 -032 134.18 267 An American Service 90 -032 10.00 268 Becker Hardware 90 -032 3.19 269 Bestway Building Center 90-032 16.50 270 The Bowman Products 90-032 18.16 271 Alta E. Williams, Treasurer 90 -032 2.50 272 Bob Eaton 91 -032 66.00 273 Mdtal Products Division 4-932 77.49 274 The News - Tribune 4-932 95.40 MID-APRIL SPECIAL FUNDS $5,347.49 EXPENDITURES BY FUNDS WATER FUND SUPPLIES 30 -032 672.60 WATER CAPITAL " 30 -033 140.83 WATER CAP. CONSTR. +' 30 -036 4.00 TREATMENT PLANT " 31 -032 1,107.96 TREATMENT PLANT(Cap) 0 31 -033 96.60 WATER GEN. OFFICE ^ 32 -032 64.93 FIRE DEPT. :' 45-032 192.32 FIRE DEPT. CAP. " 45-033 75.00 CEMETERY, FUND n 50 -032 186.80 STREET FUND !' 60 -032 4,604.13 IRRI OATION.FUND '! 90 -032 50.35 CAMisMY SINKING Fund ? 91 -032 66.00 L. T. D. # 49 " 4-932 172.89 END-= APRIL 1962 $7,434.41 o Municipal League Convention announced Mayor Si mserman brought to the attention of the Council, the Idaho Municipal League Convention on 219t, 22nd, and 23rd of June and asked that those who planned to attend, to make it known so that could be made. There being no further business to come before the Council, it was moved by Councilman Luby, by Councilman Smith that the Council recess to meet April 24, 1962 in the Council Chambers at 1100 P.M. A vote was taken and the motion unanimously carried. l yor COUNCIL CHAMBERS APRIL 24, 1962 8:00 P. M. The Council met pursuant to recess and acknowledgement of notice in the following fora: We, the undersigned Mayor and Members of the City Council of the City of Caldwell, Idaho, do each eby acknowledge notice of a Recessed Meeting of the said City Council, to be held in the Council Chambers the City Hall in the City of Caldwell, Idaho, at the hour of B:UO o'clock P. M. on the 24th day of April, 2, for the transaction of all business in connection with the following ob3ectl New and - unfinished Witness our signatures this 24th day of April, 1962. ,c77,eeIzt'tCL yor C i Councilman ColAnoilman ' 011IICi n Councilman Mayor Ed Sinmerman presiding. X303 Upon Roll Call the following Councilmen answered presents E. L. Vassar, Max Luby, Charles E. Krause, V. Jay Martin, and N. E. "Coley^ Smith. Absent: Emil Shorb. Protests on L.I.D. #50 received Mayor Simmerman announced that this was the time set for hearing of protests on L.I.D. A50 and the following were then read: (Received 4- 16 -62) Caldwell, Idaho April 16, 1962 Mr. Zimmerman Mayor of Caldwell Sirt In reply to the Resolutions sent me. That were passed by Council. I have this to say. I would like to see the City of Caldwell do all they can to improve conditions. But at this time I can not see my way clear to sign for the curb, gutter, and black top of Denver Street on North of W 2 lots. would try very hard to pay for black top. But curb and gutter no. To IIm not in favor of just the 600 block & 700 block being fixed. The 500 block needs it worse than any of the other two and believe it should be included in your resolutions of Parcel 04. Thank you kindly (Mrs. Stella Martin) Signature 624 Denver Street (Received 4- 16 -62) Caldwell, Idaho Apr. 14, 1962 To the Mayor and City Counsel of Caldwell: I wish to say I have nothing against my neighbor that signed the petission to curb, gutter and pave Denver at from Kimball to 6 st. but I still protest Her signntures on a bond issies as She does not pay any taxes on her home that the state has a lean on same and unless they sign also it is void as a bond voter must be a tax payer. also the 2 lot$ the state has a lean on known as the Bill Quire Property must have the state signatures also these 4 lots and my 5 and 2 at 624 denver make 11 aginst 13 which is not 2 thirds, I am not protesting against the emprovements but it will cost me near $750.00 and I cant pay it, now I pay taxes that have been paying on the property at 620 denver that has been payed by welfare funds and the owner is exemt from taxes, still She signed a pettision that will probly take my home from me, I have paid more taxes on my property since 1929 than it is worth, if it was like the school tax added on my regular home tax I could make it. if you can force me to this expense than you can go all the way to 5 et, where the street is so rugh you almost bounce out of your car, and the ditches are a health mennence. You will have to prove the signatures of 620 denver are leagal or I will contest them after the work is done, no work and only $40.40 a month S.C. you can see what you are handing me. Rasp. O.N. Terry (Signature) (Received h- 23-62) April 21, 62 12:45 P. M. Protest to Formation of Dist. No. 50. I protest this curb & gutter assessment because we do not need it. I can understand that those who live on a dirt street would need the oil to keep down dust; but we on N. Illinois have had in oiled street for several years. This 4400 - 5CO estimated assessment) would be a hardship to pay for. Even spread over 10 years it would be hard for those in our low income bracket to pay for. I believe it is customary to get all the interest first, so the first years interest would be plenty. on April 16 a coat of fine gravel or dirt was spread on N. Illinois, for what purpose we do not know. Everyone got his taste of dirt for blocks around N. Illinois. We feel we should take our money and tile s one irrigation ditch so we can gat some decent irrigation this summer. It is a bad system for us as the water has to be forced up hill. It overflows below and I understand there are others who get flooded out. If we could share the expense with a neighbor next door, we could the a ditch (which was covered over) and get a better source of water; but one can not afford to do everything in one year; we need a better irrigation system worse than curbs and gutters. This petition for the formation of such a district was not shown to me at any time. I J would not have signed it if it had been. There are 3 rental properties in this black, and I doubt if the owners would favor curb & gutters at this time. After all, you do net male a fortune renting a house. I talked to one of the owners, and they felt they carld not afford it at this tine. If this is done we will have a dusty, dirty mess for several weeks, perhaps months. I certainly protest this high - handed method of coming around to the mose- likely few of the property owners to get their signatures on a petition for street improvements and forcing the rest of us to go along whether we desire to do so or not. I suggest you send your city engineer to check our irrigation system also while he is in the neighborhood as we have to pay for water whether it is delivered or not. /a/ Mrs. Diary Weedon Ford 1602 H. Illinois Caldwell, Idaho (Received 4- 12-62) April 11, 1962 Mr. Niel Lewis City Engineer Caldwell, Idaho Dear Sirs With reference to the Improvement District of Brookside Drive in car sub - division r - know as Garden View. We wish.to lodge protest that this puts an unwarranted financial burden upon us at this time. We are constructing five new homes on Brookside Drive. As soon as these homes era sold the burden would be far less and mare wgaitable to everyone. In fact it is our desire to build on every lot in this sub- division this year, if house sales permit. There- fore we urgently request that you postpone this improvement district one more year. Yours truly, /a/ Bob Robert A. Bushell McNeele Caldwell, Idaho Mayor Simmerman then asked the City Engineer to indicate upon the map,far the Districts involved lin the protests, the location and static of the District. Mr. Lewis stated that on Brookside Drive, Mr. Bushnell's protest constituted, of the ownership, about 63% in opposition and that 2/3 was required to kill the District. It was stated that it was not believed that the financing on these houses was under a Govern - ment insured plan and that recovery for the expenses involved could be made at the time of sale. Mr. Lewis continued that regarding the protest of Mr. Terry, it constituted a 14.6% protest in that area, including the protest of Mrs. Stella Martin. Regarding the protest of Mrs. Mary Weadon Ford, no percentage was given but it was stated that it would be a very small percentage. Councilman Martin referred to some of the statements made in the letters read regarding signatures on petitions and insured of the City Engineer as to whether all of the signatures on petitions were valid and Mr. Lewis stated that they were. This was with regards to the petition on Denver Street. The City Attorney stated that with regards to the State's lain on one of the properties involved; the agreement they sign is an agreement giving their land as security for repayment of public assistance or benefits received and is not a conveyance as they retain the title. The State does not own the land but merely has a lain or mortgage on it. Mr. Grondshl, who was present, addressed the Council and inquired as to who had circulated the petition on North Illinois and Monte Vista as they hadn't contacted him. Mr. Lewis stated that he believed i it was Mr. Rogers, Mr. Collins and Mr. Hautzel. He explained further that the petitions are circulated by persons in the area and is not done by the City. Mr. Grondahl stated that he was not protesting but that he thought it was coming before acne of them in the area was ready for it. Mr. Terry* addressed the Council and stated that he was not protesting Kimball down to Seventh but that he was protesting because they came in there and put something over an them and didn't go on down to Fifth Street, the worst part of the whole City. He said that they knew they couldn't get enough there so the. just stopped at their street there at Sixth. He said that fifteen lots were signed up out of the twenty -four because there are two lots across the street that belong to Bill Quire that the State won't sign and that the: had told him that they wouldn't sign the other property. He also stated that he couldn't pay for it; bat that if they couldn't go on down to Fifth and fill up that sever down there that is a menance to the health of the City and fill in the holes in the Street down there, why force them to go ahead on theirs. He said that he wouldn't object at all if he had any way of paying for it. Mrs. Stella Martin addressed the Council and said that when she had talked about having the Street paved last year, the neighbors told her that it was an uphill business to even think about it and that there wasn't any of them that would go along with bar last year; now when Mr. Carney got this up, be came over and pretty nearly threatened bar in that she had to sign it. She inquired of Mayor Simmerman whether or not the City map specify that from Sixth Street to Fifth Street is the alum District. Mayor Simmemran answered definately not; that there wasn't a slum district written on the City maps anyplace. The City Engineer inquired of Mr. Grocdahl as to whether or not he was registering a protest at this time and Mr. Grondahl stated that he wasn't. He pointed oat that he had 577 feet of property frontage to curb and gutter and that those homes constructed in the future, would make it necessary to out the curb and gutter to book on to the sewer; that is, unless building is done soon. Mr. Lewis agreed that this was a bad thing about placing durb end gatter'along undeveloped property and that he knew of no way to avoid it. Creating and establishing L.I.D. h5Ct Bill No. 7 - Ordinance No. 988 Thereupon Councilman Vassar introduced Bill No. 7, entitled: AN ORDINANCE CREATING AND ESTABLISHING A LOCAL STREET IMPROVEMENT DISTRICT TO BE CALLED AND KNOWN AS "LOCAL IMPROVEMENT DISTRICT NO. 50 FOR THE CITY OF C A7.tWML , IDARO "; DESIGNATING THE STREETS AND AVENGES 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 AND EXPENSE OF THE SAID IMPROVEMENT SHALL BE TAXED AND ASSESSED UPON ALL OF THE PROPERTY WITHIN THE SAID IMPROVEMENT DISTRICT ABUT'T'ING, ADJOINING, CONTIGUOUS, AND ADJACENT TO THE PORTION OF SAID STREETS AM AVENUES So IMPROVED; PRESCRIBING THE METHOD OF SUCH ASSESSMENT AND PAYMENT THEREOF; 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 WORE AND LABOR FOR CONSTRUCTION OF THE SAME; REPEALING ALL ORDINANCES, RESOLUTIONS, OR ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH AND DECLARING AN EMERGENCY. which wag read for the first time and the Council proceeded to consideration of Bill No. 7. It was moved by Councilman Smith, seconded by Councilman Martin that the rules requiring the reading of a bill on three separate days be suspended and that Bill No. 7 be read the second time by title and the third time in full, section by section, and placed on the final passage. The Mayor directed the Clerk to call the Roll on the above motion with the following results Those voting in the affirmative weret Vassar, Luby, Krause, Martin and Smith. Negative, none. Absent and not voting: Shorb. 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 full, section by section. The Clerk read the Bill as directed. The question being "Shall Bill No. 7 pass ?" The Mayor directed the Clerk to can the roll on the above question which resulted as follows: Those voting in the affirmative were: Vassar, Luby, Krause, Martin, and Smith. Negative, none. Absent and not votingr Shorb. Thereupon, the Mayor declared 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. 988. The Mayor directed the Clerk to make proper entry of the same and to cause Ordinance No. 988 to be published in the News- Tribune, the official newspaper of the City of Caldwell, Idaho. The City Engineer stated that he would like to be excused at this time so that he might attend another meeting but that the plans and specifications would be ready by next Monday evening at 5:Do P. M. Employment Security discussed Mayor Simmerman stated that the reports were ready for the City's contribution to the Employment Security Agency in the amount of $3,0110.91 and he inquired of the City Attorney if he had any advice for the ,ouncil on the matter. Mr. Miller stated that he had looked the law through and had satisfied himself that it was clearly the intent of the Legislature that the City employees should be covered by this act. He said that the phrase that some people were talking about,we consider here,which says "solely from taxation "; he thought was a F tenuous for a basis because every other section of that amendment specifically states who is to be covered an the City employees are; he said that in his opinion, the City would not be successful in litigation and that he didn't think it would be worth the effort it would take. Councilman Vassar inquired as to whether or not there would be any advantage to paying it under protest and the City Attorney said not unless the City wished to contest it or file a suit to recover it. He stated that he could see no real advantage in paying it under protest in that he didn't think there was going to be a determination of it and if there were, even though the City hadn't paid under protest, they could get a refund if they were entitled to it. Councilman Vassar stated then that he would go on the City Attorneys judgement. There being no further business to come before the Council, it was moved by Councilman Luby, seconded by Councilman Krause that the Council recess to meet April 30, 1962 in the Council Chambers at 5:00 P. M. A vote was taken and the motion unanimously carried. yor i Ci y COUNCIL CHAMBERS APRIL 30, 1962 5:15 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 each hereby 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 5:00 o'clock P. M. on the 30th day of April, 1962, for the transaction of all business in connection with the following object: Now and unfinished business. Witness our signatures this 30th day of April, 1962. F Mayor Mayor Ed Simnnerm�n presiding. Upon Roll Call the following Councilmen answered present: E. L. Vassar, Emile Shorb, Max Luby, and Charles B. Krause. Absent were Councilmen V. Jay Martin and Smith. Councilman Vassar sponsored the following Resolution and moved its adoption. The motion was seconded by Councilman Shorb. A vote was taken on the motion and was uaanimously carried. RESOLUTION NO. 10 Bye Councilman Vassar RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF IMPROVEMENTS IN LOCAL IMPROVEMENT ISTRICT N0. 5o 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, s required bylaw, created Local Improvement District No. 50 of the City of Caldwell, Idaho, for the purpose of constructing in said district, improvements consisting of suitable ourba and gutters and street and alley Heys 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 Clerk of said City, plans and specifications for the construction of said improvements in said Local Improvement i