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HomeMy WebLinkAbout1970-06-01city council minutes32=" COUNCIL CHAP31RS June 1, 1970 9:00 P.M. The regular monthly meeting of the City Council met in the Council Chambers of the City Hall with Mayor Charles W. Carpenter presiding, Upon Roll Call, the following Councilmen answered present: Alfred H. McCluskey, James W. "Bill" Keys, V. Jay Martin, C. A. ";hat" Davenport, James R. Oaken and Charles C. Banks. Absent: "lone. Permission to operate ice cream nubile unit Mr. Bill Haynes, of 2 715 9. Montana Ave, was recognized by the 1.layor and stated he would like permission from the Caunci.l to operate an ice cream mobile unit in the City of Caldwell during the summer months; the unit to be a motorcycle trailer type of vehicle. In reply to questions asked by Councilmen Davenport and Martin, Mr. Haynes stated that he was resident of Caldwell, that this was not his regular business, and that he would be hiring mostly college boys to run the unit. Mayor Carpenter informed him it would be necessary to provide insurance. Chief of Police Astleford asked arr_at the hours o° operation would be and Mr. Haynes replied . ^rom noon to about 8:00 P.N., and that they would be off the streets before it became dark. It was then moved by Councilman Banks, seconded by Councilman McCluskey that permission be granted to Mr. Haynes to overate an ice cream mobile unit in Caldi - and that the fee be reduced to $10.00 for a three -month period. A vote was taken and the motion carried. Permit to Park Trailer Mr. Howard Fountain app: ^red before the Council and asked to be granted a Special Permit to temporarily park an 8 -foot trailer house at 3408 Cleveland Blvd, at the Maverick Oil Company location. He stated the station is bell:7.. remodeled with an apartment to be included for a residence for cis brother - in -law who will be operating the station. The trailer house in question will be hocked up to the city water and a septic tank, and will be moved out of this location as soon as the apartment is completed. It tree moved by Councilman Davenport, seconded by Councilman Keys that a one -year special permit be issued to Howard Fountain of Maverick Oil Company to park a trailer house temporarily at 31406 Cleveland Blvd., for a fee of $25.00. A vote -pas taken and the motion carried. Application for Junk Shoe License Mr. Wayne Fuller, Attorney, was recognized by the Mayor and stated that he was representing Yr. Ira L. Ekart, owner of Bid Salvage and Metal, who had mace application for a license to operate his business', at 309 Main St. I� Councilman McCluskey inquired if any copper wire was burned in connection with this salvage business as he understood t' process gives off coprer sulfide whit; is a hazardous gas, and was informed that this was not done, An application for a Junk Shop License for 1970 to be. issued to Mr. Ira L. Ekart, dba Bid Salvage & Metal at 309 Main St, was Presented for the consideration of the Council. The application had been approved by the Chief of Police and Building Inspector and was accompanied by a receipt from the Clerk for the required fee. It was moved by Councilman McCluskey, seconded by Councilman Dakan that the application of Ira L. Ekart for a Junk Shop License be. approved and the License be issued. A vote was taken and the motion carried. Audit Report Mr. Anthony Mess:;ri, C.P.A. of Jackson, Yessuri, Hunt and Bates was recognized anal proceeded ,-ith the presentation of the audit of City records for Fiscal Year 1969. Mr. Messuri explained that this year the Idaho Society of Cert'_fi.ed �4blic ?.ccountants, through the Bureau of Accounts has made a oharge in the fomat of the Audit and also in the audit program. He ever, the audit program that is nc 'being required by the Bureau of Accounts is the same that the firm of Jacks —,, Messuri, Hunt and Bates has been using in the cast so there will be no change there. The format, however, has been changed in that they do not now require a total column to be used. By law each fund has to stand alone, so therefore they it is meaningless to have a total column unless the city insists upon it, and if they do, Mr. Messuri stated, then the auditors will be glad to include a total column. Mr. Messuri informed the Connell that the figures contained in the audit report were the sa:.e as 32� presenteu vu the uouauil u one year eau repury aau iuiauuia: sys venreuv mane uy the uity users: am tnat one City was well within the law so far as the budget and expenditures were concerned. He further stated that W-5 was one of the cleanest audits they Piave made throughout the state. He informed the Council that some additional assistance had been given the Mayor and City Clerk in their nreparation of the appeal to the State Tax Commission for an increase in levy, but :Fat they would not present a bill for this purpose. Mayor Carpenter thanked him for the assistance received. It was moved by Councilman Martin, seconded by Councilman McCluskey that the Audit of City Records for Fiscal Year 1969 be accepted. A vote was taken and the motion carried. Bill No. 11 Mayor Carpenter informed the Council that this is the date scheduled for the second reading of Bill No. 11 which pertain to the sale of beer in a residential area. He stated t :�,at since the first reading of the dill, there had been some questions raised about the content of the Rill regarding the percentage of property owners necessary to allow the proposed retailing of beer in a resiaential area, and also the intent of the Council in permitting the sale of oottled or canned beer only. Councilman Davenport stated that he felt that inasmuch as the Ordinance allowing the operation of a business in a residential area required 75% of the surrounding property owners to operate, then the Ordinance allowing the sale of beer at this same place of business should also require 75% of the property owners, instead of - ,he 70% called for in the original Hill No. 11. The balance of the Council members concurred with the sentiment that it was just a misunderstanding on their part when the original bill was proposed and that it should be changed. Mr. Richard Beem, owner of Beam's Food Mart, then asked for a clarification of the wording of Bill No, 11 which states in part "without the aonroval in writing of the owners of 70 percent of the area within a radius of 900 feet from the established property lines of the premises whereupon the beer is to be sold." He said this hardly seemed fair as this would permit one man who might own 26% of the property to control the vote, even though the other 74% of the property might be owned by 100 people. Mayor Carpenter said he did not think this was the intent of the Council. He also pointed out tha in Bill No. 11 a s originally written, it did specify only bottled beer or canned beer, none of which is to be consumed on the premises, be sold. After some further discussion along these lines, it was moved by �ouneilman Martin, seconded by Councilman Davenport that Bill No. 11 be amended to specify the retailing of bottled beer or canned beer, none of which is to be consumed on the premises, with the approval in writing of 75% of the property owners within a radius of 3CO feet from the established property line of the premises whereupon the beer is to be sold. A vote was taken and the motion carried. Bill :to. 11 - Secc ::d reading Bill No. 11 as amended, entitled: AN ORDINADICL TO AMEND TITLE 4, CHAPTER 7, SECTION 4, OF CITY CODE OF CALD6vELL, COUNTY OF CANYON, STATE OF IDAHO. was read for the second time. Bill iGo. 12 - Sponsored by Councilman Keys - First reading AN ORDINANCE TO CLOSE LAUREL STRhZ , A STREET .!THIN THE CITY OF CALDWELL, CANYON COUNTY, IDAHO. was read for the first time, Addendum to Agreement - Golf The following Addendum to Agreement was read: F_:DENDUM To T}IS AGREEMENT, Made and entered into this 21st day cr Nay, 1970, by and between the CITY OF a municipal corporation, Caldweeil, Idaho, ae party of the first part, hereinafter referred to as City, and the CAL ILL GOLF ASSCCIATICN, a non- profit corporation of tte City of Caldwell, Idaho, as party of the second part, hereinafter referred to as association, WITNF.SSETH: bZiEii.A3, Heretofore and on the 17th day of April, 1967, an agreement was made and entered into between party of the -first part as City and tarty of the second Dart as Caldwell Golf Association, wherein the City !eased to the Association certain real property for a term of ninety -nine (99) years at a yearly 32C rental of One Dollar ($1,00), and that said lease covered five (5) acres of real property described in said Agreement dated the 17th d :,• of April, 1967; and WHEREAS, The parties Sereto desire to add to said Agreement additional real property described as „ follows, to wit: Commencing at the Southeast Corner of Section 28, Township 5 North Range 3 "est of the Boise Meridian, thence West along the South section line of said Section 28, 660.00 feet; thence North, parallel the East section line of said Section 28, 25.00 feet to the True Point of Beginning. Thence continuing North, parallel said East section line, 80.00 feet; thence West, parallel said South section line, 110.00 feet; thence South parallel said East section lire 80.00 feet; thence East, oarallel said South section line 110.00 feet to the "oint of Beginning, in Canyon County, Idaho. NOW, THEREFORE, It is mutually agreed that the above described real property shall be and become a part of the real property leased by the parties and that the above described real property shall be in- corporated and shall become a part of the terms of said Agreement between the nartdas dated the 17th day of April, 1967. IN 141THESS ITE7,REOF, The City of Caldwell has caused this addendum to agreement to be executed by its Mayor and attested by its Clerk, and its corporate seal to be affixed hereunto, and the Caldwell Golf Association has caused its corporate name to be hereunto subscribed by its President and its corporate seal to be affixed by its Secretary the day and year first above written. CITY OF CALDWELL, a municipal (SEAL) corporation ATTEST: By /a/ Charles W. Carpenter Mayor /s/ John L. Englehart Party of the First Part - City Clerk CALDWELL GOLF A550CIATTON, a non - profit corporation By /s/ Richard E. Sheppard ATTEST: President /s/ Gordon S. Lees Party of the Second Part - Association It was moved by Councilman Davenport, seconded by Councilman Banks, that the Mayor and Clerk be authorized to execute the agreement with the Caldwell Golf Association in behalf of the City of Caldwell. A vote was taken and the motion carried. Draft for Damage Claim Mayor Carpenter informed the Council he was in receipt of a Loss Draft No, 1h876 drawn by Farm Bureau Mutual Insurance Company in the amount of $503.33, payable to the City of Caldwell and Edmark- 7"ilson Body Shop in payment of an 'insurance claim in connection with damage to a police car. After confirmation by Police Chief Astleford as to the validity of the claim, it was moved by Councilman Hanks, seconded by Councilman Dakan that the Mayor be authorized to endorse this Draft on behalf of the City of Caldwell and forward it to Edmark Wilson Body Shop. A vote was taken and the motion carried. Copy of City Code to AIC The following note was read by the Mayor: May 28, 1970 John L. Englehart, City Clerk 704 Blaine St. Caldwell, Idaho Dear John: Whi_e in the process of cop,yinn some of the pages in the Caldwell City Code, (some for the 50th millionth time), I noticed that the Door book is completely deteriorating from use. Would it bs, possible for you to let us have a new one, at least the pages or could you suggest something, lire do use it constantly. Thanks. /s/ Marilyn Marily-r. Cate AIC Secretary 32' 1 Councilman Banks stated he felt that due to the many benefits the cities receive from the Association of Idaho Cities, they should be furnished a copy of the Caldwell City Code without charge. It was moved by Councilman Banks, seconded qy Councilman, Martin that the City of Caldwell furnish a copy of the Caldwell City Code to the Association of Idaho Cities without charge to them. A vote was taken and the motion aarried. Bureau of Census The following letter was read by Mayor Carpenter; U.S. Department of Commerce Bureau of the Census Regional Office Seattle, Washington 98104 Boise, Idaho 43705 May 27, 1970 Mayor Charles Carpenter City of Caldwell Caldwell, Idaho Following is a preliminary announcement of the population of the City of Caldwell: Preliminary count is - 13,960 The official announcement of population will be made at a lacer date by the Director of the Bureau of the Census. Sincerely, /s/ Wilbur R. Davis W. R. Davis :oef District Manaeer Girl Scouts Day Camp Mayor Carpenter read the following invitation from the Day Camp Director of the Girl Scouts: Caldwell Day Camp To Mayor Carpenter and Councilmen: The Caldwell Girl Scouts will be holding Day Camp at Kiwanis Curtis Park the week of June 1st to 5th. We would be very pleased to have you visit us sometime during our camp. Over 200 girls and adults will be participating. Sincerely, /s/ Mrs. E. D. Stevenson Day Camp Director Application for Secondhand Store License aoi_reved The following application for a Secondhand Store License for 1969 was presented for the considera- tion of the Council: Mary Gentry, dba PAUL'S USED ?URNI2URE _ 119 So. 7th Ave. - Fee $10.00 The application had been approved by the Chief of Police and the Building Inspector, and was accompanied by a receipt from the Clerk for the required fee. It was moved by Banks, seconded by Councilman MrGluskey, that the application for a Secondhand Store License for 1970 be approved and that the license be issued. A vote was taken and the motion carried. Application for Bartender Permi',s approved Applications for Bartender Permits from Michael 3. 'Mower, Mick Berryman, David D. Goodenough, Grace Heath, John S. Burtchett and Melvin Landers 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. Martin, seconded by Councilman Dakan, that the applications for Bartender Permits be approved and the =ermits be issued, A vote was taken and the motion carried. Preliminary Plat City Engineer Melvin Lewis presented a preliminary plat of _;ontana Manor submitted by Mr. Dale Thatcher, and located between Montana Avenue and Illinois Avenue, and between Dixie Drain Ditch on the North and the Low Line Canal on the South. The plat had previously been submitted to the Tanning Commission who recommended that the Council accept it sucject to College Avenue connecting with Missoula Way. Councilman Mare'_n asked if this property is outside the City limits, and ores informed that it is now, but that the plans are to annex it as soon as the plat is accepted. After a brief discussion, it was moved by Councilman Banks, seconded by Councilman Martin that the Planning Commission's recommendaiien be accepted and the preliminary plat of Montana Manor be approved 329 subject to College Avenue connecting with Missoula Way. I CATV A vote was taken and the motion carried. The following letter was read by Councilman Martin: Association of Idaho Cities 1402 Broadway - Telenhone 344 -8594 - Boise, Idaho 83706 May 26, 1970 The Honorable Mayore, Councilmen, and Cities represented by the Treasure Jal.ley CATV Committee Gentlemen: GenCoE, your CATV officers and the A.I.C. staff have wanted to prepare and send a report for the past six months, but it seemed that each time we began giving it some thought something new was developing, which suggested waiting a bit longer. This went on and on but now enough of these have come to a head that the report can be made. It appears that early fall trill see a Final decision by all invol - red agencies and activity leading to CATV programming will commence in earnest, Would suggest that you read the attached very carefully to see the new developments in the indust7r, pioneered by GenCoE, which will be used in this installation. All of this will be available to us as a result of what we thought at times were adversities. From what we of the A.I.G. staff can see and read into this, we will have something only a very few itl the B.S. will have for a while and we would not have had if we had formed this combine two or three years ago or if we had had no stones laid in our paths. This makes our 14 city package a real project in every respect and probably the envy of the rest of the state, if not much of the nation. We hope you are as pleased with all this as we are. So, after what has seemed to you a long time with no report, we are pleased to present the attached and probably the next report will be to say that construction has begun and by a certain date you will be having CATV in your city. If you have any questions or suggestions, please give me a call. Think it might be well for us to get together sometime this fall about the time construction begins. Sincerely, EES /c ASSOCIATION OF IDAHO CITIES /s/ V.. Jay Martin by /s/ Ed Simnerman Hd 3immerman Executive Director Mayor Carpenter stated the report referred to will be placed on file in the office of the City Clerk . Carnival - J. C.'s The Mayor recognised Mr. Bill Haynes who stated he was representing the J. C. 's and was appearing before the Council to request a change in the location of the Carnival. He stated it was his understanding that a permit had been granted by the Council March 2nd to them to hold a carnival on June 9th, 10th, 11th, 12th and 13th at Simplot Stadium and that now the J. C. 's are asking that the location be changed from Simplot to downtown Caldwell on Mein Street between 7th and 9th and on South Kimball between the Railroad and Arthur Streets. He stated the reason for the change was to help pro,ote sales for the downtown merchant Councilman Keys asked if this is what the merchants really want, as it will block off parking on part of Main Street and part of Kimball. Mr. Haynes replied he understood the J. C. 's had the CK of the merchants on this, although he personally had had no contact with any of them. Mayor Carpenter =fated it was his understanding that stakes would have to be driven in the streets Police Chief Astlefcrd said he understood that a bond would be provided by the owners of the i Carnival to repair any damage that might be done to the streets. Mr. Rodney Dakar appeared before the Council at this time and stated the J. C. 's were granted a permit from the Council to hold a Carnival at Simplot Stadium the 9th through the 13th of June and that they would like to have the permit changed so it might be held downtown Caldwell on Main St, between 7th and 9th Streets, and on South Kimball from the alley behind the Idaho Department Store General offices to Arthur St. in order to promote business in downto— in conjunction with the Merchants Association Moonlight Sale, He stated the idea had been presented to the Retail Merchants Committee and they were wholeheartedly in favor of it. He said a letter was also mailed to all merchants in the downtown area asking them to appear if they had objections to holding the carnival downtown and no one appeared in opnositicn to the idea. He furthe- 329'' state a carnival opera or, a ams, from ra- s, ',tie an p_re owa ti. ve e a bond to insure the streets will be left in the same condition they were before the show. Councilman Davenport asked where these peonle would be living and 'r. Dakan replied they will live in trailers, possibly parked at Simplot Stadium; at any rate, there will be no trailers parked on the street . Councilman McCluskey stated that inasmuch as this proposal appeared to be entirely unfamiliar to the most of the Councilmen, including himself, he would like to make a motion that this matter be tabled unt the neat afternoon for further investigation. The motion was seconded by Councilman Martin. A vote was taken and the motion carried. Councilman Keys noted that the Businessmen's Association would hold their regular meeting the next day at noon, and Councilman Martin suggested that the Fire Chief and Police Chief also attend the meeting to help determine the safety factor involved in holding a carnival on the downtown streets. Building Inspector's Report The report for the month of May, 1970 was submitted by Building Inspector, George Dufur, with the explanation that the new business securing a permit was the Do -Nut House at 323 Cleveland Blvd. Sunnybrook Village Subdivision Plat The Sunnybrook Village Subdivision Plat was presented to the Council by City Engineer, Melvin Levi . It was moved by Councilman Martin, seconded by Councilman Dakan that the Sunnybrook Village Sub- _ division Plat be accepted. A vote was taken and the motion carried. Swimming Pool Councilman Banks, Chairman of the Recreation Committee, renorted that the Municipal Swimming Pool is open to the public daily, and is cleaned and drained daily. LID #66 City Engineer, Melvin Lewis, reported to the Council that the concrete work in connection with LID #66 is finished on Cinderella Park; West Oak, Cedar and Cherry Streets. Bills for End -May It was moved by Councilman Martin, seconded by Councilman Dakan, 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 follows: Warrant Numbers 365 thru 414, General Rmd ------------------------------------ $ 6,370.45 Warrant Numbers 212 thru 245, Water & Sewer Fund- Water--------------- - - - - -- 1,395.81 Water, Capital-------- - - - - -- 9,780,23 Water, Capital Improvement -- 5,067.20 Treatment Plant------ - - - - -- 1,463.11 Treatment Plant, Capital - - -- 248.09 General Office------- - - - --- 435.20 Sewer Maintenance ---- - - - - -- 151.32 Warrant Numbers 380 thru 440, Special Funds: Fire------------------ - - - - -- 506.33 Cemetery ------------ ------ -- 414.36 Street-------------- - - - --- 6,632.77 Sanitation Contract- - - - - -- 6,431.43 Armory--------------- - - - - -- 120.00 Irrigation--- -- ------ -- ----- 515 L.I.D. #64------------ - - - --- 174.70 L.I.D. #65------ ---- - -- - - h 15217 43,658:63 $ Warrant Numbers 744 thru 817,(exoeptillg :;746, #747, #748, #749 and #740) Gen. Fund Payroll, May--------- - - - --$ 33,003.00 Warrant Numbers 518 thru 884, (including #%6, #747,048,rr750) Special r`Lnd Payroll, May --------------- $ 19,247.06 Warrant Numbers 885 thuu 913, (including #750), Water & Sewer Fund Payroll, May --------------- $ 9 59.87 $ 1 , A vote was taker, and the motion carried. It was moved by Councilman Banks, seconded by Councilman McCluskey, that the meeting recess until WOO P.M., June 2nd. The meeting recessed at 10:05 P.M. / �,�. Ma yor ., Deputy City Clerk COUNCIL CHAMBERS JUNE 2, 1970 4:00 P.M. The Council met pursuant to recess and acknowledgement of notice in the following form, lie„ the undersigned Mayor and Members of the City Council of the City of Caldwell, Idaho, do hereby acknowledge notice of a Special Meeting of the said City Council to he held in the Council Chambers in the City Hall in the City of Caldwell, Idaho, at tee hour of 4--co P.M., on the 2nd day of June, 1970, for the transaction of all business im connection with the following ob,acts: Consideration of a request