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HomeMy WebLinkAbout1971-06-07city council minutesCOUNCIL CHAMBERS JUNE 7, 1971 8 :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. I Upon Roll Call, the following Councilmen answered present. Alfred H. McCloskey, James W. "Bill" Keys, V. Jay Martin, C. A. "Chet" Davenport, and James R. Dakan. Absent; Charles 0. Banks. Representatives to 0irl's State welcomed Mayor Carpenter introduced to the Council five young ladies who would represent the Caldwell High School at Girl's State in Nampa, Idaho this week and they were welcomed to the meeting. Crookham Company represented by Mr. Pete Boyd Mr. Pete Boyd was recognised and he told the Council that he was present in representation of the Crookham Cbmpany and they would like for the Council to consider closing the south 200 feet of Warehouse Ave. He said tharre were several reasons why they felt this might be very beneficial to the Company and to others sing Warehouse Avenue; that, right now, the traffic situation on Warehouse Avenue had grown because of the Kit plant to such an extent that the use of fork -lift trucks along Warehouse going from one side of the stree i 4 to the other brought about a very difficult situation so far as the Company was concerned and they were anti- ] ipating that one fine day there would be a very serious accident. Mr. Boyd stated that it had turned into a speedway from the time the Kit plant was out and the street was not paved; also, it was a security problem so or as the Crookham Company was concerned and they would propose, if it were possible to close the south 200 eat, to surround the entire area with a fence and, they felt that the Richfield Company would also be very ch in favor of this; however, they would propose, at this time, just to close the south 200 feet. Mr. Boyd ommented in that when laurel was closed it had cut off Crookham Company's access to their property out of own and said there was a tremendous amount of additional travel so far as the Crookham trucks were concerned at they felt it would be beneficial both to the Company and they didn't feel that it would cause any con- siderable detriment to the City in view of the proposed Highway and the one -way couplet on Cleveland; that t hey felt this would work in very well with that. Mr. Boyd also said that, rather than going to a Petition I at this time, they were bothered a little bit by the fact that Standard 011 and some of the large companies i I long there, it was vertiall_y impossible to get them to sign a Petition in the smaller communities and, he aid that, of course, their land department could care lose whether that street was opened or closed, and, hel ad ded that the local people were very much in favor of it; that, rather than to go at it that way, they had r thought it would be perhaps a little better situation to try to just close the south 200 feet of the street o far as the Company was concerned for security reasons and that it would not be detrimental so far as Kit ufacturing Company was concerned; that, as it stood right now, the use they made of that street was more etrimental than it was helpful to themselves and to Crookham Company, either one. Mr. Frank Crockham spoke on the matter and told the Council that both Richfield and Standard were u9 much in favor of it so they could leave their trucks there at night; that they had to take them home now cause, if they didn't, persons would strip them down. He also stated that the one -way couplet Would actua duce the usage of it and it would certainly be a help to them because, in addition to these things, they ould use the room down there. He said they realised that they would have to leave the street open for the intenance of sewer, water mains, etc., but that this was certainl agreeable with them; that they had no ntention of building on it but they could certainly use the right -of -way for storage of pickups, trucks, etc City Engineer Mel Lewis confirmed that the area would be defined as the 200 feet next to Airport Avenue and he told the Mayor and Council that both Mr. Boyd and Mr. Frank Crookham had been in his office and Irtrimental, d talked to him about this. Mr. Lewis stated that he had explained to both Mr. Boyd and Mr. Crockham that, dinarily, when a street was vacated, if the owners petitioned the Council 100% and other things not being then the 4 uncil had looked favorable upon vacating; however, the difficulty here with two oil I �ompaniaa involved, they had difficulty in getting a petition signed. Mr. Lewis told the Council that the i Local people with these oil companies thought this would be all right and this was why the request was for the 00 feet next to Airport Avenue in that Crookham Company owned both sides of Warehouse Avenue adjacent to this 00 feet. lie said that, in their conversation, the matter of easements had been brought up and the reasons he G been expressed here so he didn't believe he had any more to offer here. He added, however, that the problem no far as the City on Warehouse street was a little more involved then that if they considered the section from Paynter to First Avenue which those owners would like to have vacated. Mr. lewis commented in that Mr. Crookham had expressed the opinion that he would not like to have it vacated but would be in a position, may Abe, to arbritrato that in line of this. In answer to the question, Mr. Crookham stated that there were four property owners, besides them- selves, involved here. He again stated that the District men for Richfield and Standard had said sure it's all right, close it, but to gat Richfield and Standard to request it, you had to go clear to the head office and they just didn't want to be bothered; so, he thought maybe they could work it out so that, if they didn' want it closed, they could appeal but he thought they would tale the word of their man here who both wanted it closed. Mr. Crookham also commented in that the fire plug there would need to be left so as it could be 11gotten to. After some farther discussion; it was moved by Councilman Davenport, seconded by Councilman McCloskey, that this matter be taken under advisement to give all of the Councilmen an opportunity to look over the situation and then make their decision later. Before calling for the question and, in answer to thi question by Councilman Keys on legality, Mr. Wayne Davis answered that the Council would have the authority under 50 -311 of the Idaho Code. He added; however, that he didn't think they would probably insist upon the street being vacated; that, if vacated, then the property would revert one -half to the adjacent owner. He stated that the City had closed Laural Street and had not vacated it. Mr. Boyd stated that the Crookham Company owned both sides of the portion of the street under con- sideration and, so far as it reverting to the owners, it wouldn't make any difference anyway. 9r, Davis replied however, that if the City should ever decided to re -open it again, they would have to negotiate for a deed as a result of the vacation. He again inquired in that so long as it wan closet would they insist upon it being vacated and he received a negative reply. A vote was then taken on the motion and the motion carried. Request for change in Zoning Code - Attorney to prepare Mr. Bob Nicholas was then recognized and he told the Council that the Board of Adjustment and the Zoning Board would like to have a change in the"soning regulations as set forth in 6-3 -2 of the City Cade. He referred to (B) which was now headeds "Professional offices and retail shops" and stated that they would recommend that "Professional offices" be removed and be placed under (D) of the same section. With reference to (B) and the provision for 75% consent of the owners of the area of all the property within a radius of three hundred feet of any part of the premises whereupon such professional office or retail shop is to be erected or occupied, and, he stated that this had created some hardship, especially in the area comprising the medical complex near the Hospital; that they were recommending that this be changed to place "Profession. al offices" under (D) with Hospitals in order that they could be approved for a Special Permit after a public hearing and without the signatures of consent of the owners as set forth in the present section. He stated that this was quite a handicap on the orderly development and they were sometimes stopping progress here with out having much control on whether it is or it isn't. Mr. NLcholes added that they thought this was quite on -fair as it is now and they didn't think it would do anyone an injustice or deteriate their property, even if they didn't want it. He commented in that one or two signatures could atop a development that a lot of people thought should go ahead because that was what was in the area anyway; that sometimes it could be stopped and, unfairly, he believed. It was moved by Councilman McCloskey, seconded by Councilman Dakan, that the recommendation for a change in the Code be accepted and that the CLty Attorney be instructed to prepare the necessary documents. Councilman Martin referred to the minutes of the last City Planning Commission meeting on May 25th and stated that they had made a similar recommendation. He stated that he would like to point out that, if this change was made, it was not just being turned looses they were removing it from the section requiring a Petition but, anyone wishing to build a professional building, would have to appear before the Board of Adjustment and there would be a public hearing with this being subject to consideration by the Council shou 3 there be an appeal. He also referred to the Hospital - Medical complex and its growth as the population in- -- creased and said there were going to be more physicians and surgeons coming in with the pattern there having i all ready been established in that they like to locate their offices in the Hospital area. Councilman Marti i pointed out that the Council now had the recommendation of both the Zoning Hoard and the Planning Commission that they take this action. Councilman Davenport referred to a recent meeting with the Directors of the Hospital when they wen f told about the future development and plans for the Hospital in that immediate area and he stated that, certainly, this was no divergence from what they had planned there and, in fact, this was a minimal part of it. Councilman Davenport stated that he was certainly in favor of this change in the Code. Other Councilmen commented favorably. A vote was called for upon the motion and the motion carries W. C3rant Jemmett was then recognized and he told the Mayor and Council that he was present this evening in the interest of carrying a Petition to form a Flood Control District on the lower half of the Boise River. He stated that the City of Caldwell had property within the proposed District and he was re- questing the Council to authorize the signature of the Mayor on the Petition which was dust asking for a hearing before the State Administration Board for the formation of a District; that they needed to have I — signatures for a third of the land in the proposed District before a hearing could be granted. He added that he didn't know whether or not the Council had had any previous discussion about it but that he would be glad 1 to answer any questions he could about it. Mayor Carpenter told the Council that a Flood Control District had the privilege of levying up to three mills for financing the District with the money used basically for keeping the river channel free of washed in materials and growth along the aides so that the water could move freely. Mr. Jemmett referred to the Corps of Engineers and said they did work on the river under emergency situations but had to be sponsored by some Agency or Organization before they could do it; however, that they wouldn't come in and do any work on the river unless it was an emergency unless they had a sponsoring group to turn it over to after they had done the work. He stated that they would do the original work with Federal Funds, after requesting and receiving the grant; then, it was turned over to the Flood Control District in case one was formed, for maintenance and this was the reason for the levy, up to three mills. The responsibilities of the Corps of Zhgineers and of the Flood Control District were discussed as well as the seriousness of the situation in this area. The boundaries of the proposed District were outlined by Mr. Jemmett and the City Engineer told the Council that the City would have the Sewage Treatment Plant property, the old damp site, the gravel site, and the old quarry site property within the proposed boundaries also raised the question of whether or not the City property would be assessed by the County under such a -posed levy for this purpose and pointed out that City property was not otherwise now assessed and taxed, d he didn't know what affect this would have from the standpoint of signatures on a Petition asking for a hearing in the matter. City Attorney Wayne & Davis commented in regard to the latter in that he had represented a client number of years ago in relation to a Flood Control District and said that he had been pretty familiar with i he law at that time but that he wasn't at the moment; that, with property for tax purposes, if the law read : —at that was on the assessment roll then it would be included but, he didn't know whether they could tax Cit; operty or not. It was moved by Councilman Keys, seconded by Councilman McCluskey, that the Mayor be authorized to Sign the Petition asking for a hearing for the formation of a Flood Control District. Councilman Davenport commented in that he realized that this was dust asking for a hearing but said hat, if the City signed the Petition, then it was saying that the City was in favor of it; that this was the y he interpreted it and, at the same time, the City property may not be assessed to help pay for it. He j hen inquired of Mr. Jemmett if he had had any trouble in getting the farmers along the river to approve this tition asking for a hearing. W. Jemmett replied in that they had had a few who didn't sign because it was oing to raise their taxes three mills. Councilman Martin Spoke in agreement with Councilman Davenport that, in signing the Petition for a Baring implied that the City was in favor of the project and, hb�stated at this point he couldn't say hether he was in favor of it or against it. He also inquired as to what value there was in the City's igning, if there couldn't be a levy against the City property, and, he suggested in that they should get urther information on this including information from the City Attorney as to whether or not the City proper y was involved and would be subject to a mill levy. With regards to whether or not this matter was an emergency situation, W. Jemmett replied that hey had to have the Petition in before the let of July, prior to Bill No. 215 going into effect. After some further discussion, Councilman Keys stated that he thought probably it would be hasty D act on this tonight; that he agreed with Councilman Martin in that probably they should defer it until the; Rd had a chance to study it more and, he then withdrew his motion with the consent of the second to the mots, No further action was taken at this time. edit of City records presented - Mr. Anthony.J. Messuri Mr. Antohony J. Msasurt of the firm of Jackson, Messuri, Hant & Hates, CPAre was then recognised id he presented the audit of City records for the Fiscal Year ending December 31, 1970. He told the Mayor id Council that the Idaho Society in cooperation with the Bureau of Public Accounts of the State Auditorts 'ftca had changed the foremat of the audit report itself and, even of the accompanying letter. He stated iat so far as he knew, the only changes anticipated for the future would be in connection with the system of iiform accounting which was now being worked upon and which he assumed would be presented to the State Lditor's office and each City would be requested to follow the system; that he thought the only affect it Auld have on the type of report being submitted would perhaps be in the various classifications of expendit- res and perhaps the types of funds that would be set up in the audit report itself. Yr. Meseuri then reviewed the report and referred to a change in Exhibit "A" wherein they were now Lquired to include the amount to be provided for the retirement of interest for future years and he explained Let the amount of monies received from Sales Tax, Motor Users Revenue, and State Liquor Apportionment in the ty's first quarter of the subsequent year was set back to the previous year of 1970; that the reason they id continued it in the way it had been in the past was for the sake of eonsistancy; however, it was now re- ired that these items be accrued and it did make the revenue exceed the anticipated revenue for 1970 in ose areas with there actually being five quarters represented and set out for the year 1970. After reviewing the remaining Exhibits' in the report, W. Nessuri stated that the primary fference in their report from that presented monthly to the Mayor and Council by the City Clerk was the anges brought about by the method of auditing the Sales Tax, Motor Users Revenue, and the State Liquor portionment. He stated that the books were in good shape, easy to audit, and, they had received excellent It was moved by Councilman Martin, seconded by Councilman Keys, that the audit report be accepted, vote was taken and the motion carried. .nnins Replat approved conditionally Mr. William C. igan then presented "Tinning Replat" for consideration of the Council. He Stated Lat this was a replat of a portion of Tract 15 of Hillcrest Subdivision consisting of 2.93 acres bordered on is west by South Florida Avenue and on the south by Owyhee Iane. He said that the irrigation line running ique to this property had been agreed upon by Mr. Coons and Mr. Tinning to be relocated along the cutlines idicated and connecting to the existing boxes and shown by a ten foot easement. He commented on Tinnin;Iane,,, new name for a street bordering on the north,and said it was fifty feet and was accessable on the west from orida Avenue but going to the east, it was agreed upon to dedicate a portion of the land to the City and erefore enable a culdesac to be constructed. City Engineer Mel Lewis commented in that the preliminary plat had been approved by the Council d he said he had a deed from Mr. Tinnin present for this meeting. In answer to the question, he said that a property could not be sewered at the present time and was the property that the Planning Commission had rated the covenants. It was moved by Councilman Martin, seconded by Councilman Keys, that the Plat be approved subject to the recommended covenants for the connecting to the sewer being included in each deed and subject to a more detailed examination by the City Engineer. A vote was taken and the motion carried. Warranty Deeds accepted and to be recorded City Engineer Mel Lewis then presented two Warranty Deeds to the City for the consideration of the Council with one being from Val R. Feller and Lael A. Feller, husband and wife (Inat. No. 662240) and the other from Junius E. Christopherson and Margaret Christopherson, husband and wife (Inet. No. 662239). Mr. Lewis stated that he would recommend that the Council accept the Deeds on the basis that, technically, this old be a dead -end street; however, he stated that the City did accept dead -ends on plats that were a lot is Length. He stated that in accepting the Deeds, it would be with the hopes that eventually the City would get some more right -of -way for the rest of Oak and for Sunset out to Ash. It was moved by Councilman Keys, seconded by Councilman McCluskey, that these Warranty Deeds be accepted as recommended by the City Engineer and that they be recorded by the Clark. A vote was taken and the motion carried. Bide opened for purchase of truck and dump body for Street Department City Engineer Mel Lewis then presented three bide for the purchase of a truck and damp body for the Street Department which had been budgeted for and he stated that specifications were available. There aas to be no trade in and the following bids were opened and read for the consideration of the Council: Burns Chevrolet -- --- ---------------------- _— _- -- ------- --- $ 5,862.12 Notation: 1971 model Chevrolet is not available and 1972 model is subject to any price increase. Bob & John's with Tasco Had - --------- -- - ----- --- ------- --- ------ $ 5,875.29 Bob & John's with Frehauf Bed 6,0+9.81 Garber Motor Company with Williamson Bed -------- ------ --- ------ --- ---- - --- $ 5,707.41 Garber Motor Company with Tesco Rudy -------- --- ------ ---------- ------ 5,803.91 Garber Motor company with Frehauf Body - - Ye ; _�_ a �____— _�_-__ -- 5,975.ol The City Engineer told the Council that optima were not provided for in the specifications and stated that he would recommend that the award be made to the low bid. It was moved by Councilman Keys, seconded by Councilman McCloskey, that we accept the low bid of be Garber Motor Company in an amount of $5,707.41. A vote was taken and the motion carried. Councilman Keys then inquired as to how the colors were selected on equipment purchased and he tated that the reason he asked was that he had noticed that the City had almost every color. He also in- juired as to the use of decals. The city Ehginear explained that it had been the practice to leave the selection of the color to he Superintendents' of each department and, with regard to decals, he suggested that this could be standard - zed out of the Mayor's office. Mayor Carpenter stated that he would obtain some samples. ids considered for purchase of steel structure to be placed at Wilson Slough Drain at Locust Street Next considered were bide for the purchase of a steel structure to be placed at the Wilson Slough rain at Locust Street and City Engineer Mel Lewis explained that they bad selected, quite some time ago, the ize of the steel structure and he said that the steel industry had standardized all of the sizes and that nom nother metal had bean introduced which was aluminum and, they had placed theirs in between. He told the ouncil that he had received some comment from [falser- Aluminum as to why had he selected 89 eq. ft. as the pening and he had done so because this had been the steel structure he had selected and all steel structures ad an 89 sq. ft, opening; however, aD.uminum didn't and they had to go to a 91 so they had wanted him to drop D an 87 in order for them to save the City some money. He stated that then the steel could come in and say rky don't you drop to an 86 so, not that the 89 was sacred, but it was the one selected when the specificatio are written and the bids were based on that. Mr. Lewis stated thatallmminum was lighter, however, his intent an was to select the successful bidder on the dollar value bid although there might be some difference in andling. Three steel bide and oneallamminom bid had been received and they were opened and read as follows: Beall Pipe & Tank Company in Boise (5 weeks delivery) $ 4,995,01 12 gauge - bottom length 78 feet Syro Steel Company, Centerville, Utah (5 weeks delivery and including tax) ----- $ 3,870.00 12 gauge - bottom length 78 feet Treasure Valley Pipe (Armoo) - (4 weeks delivery) --- - - -_r_ $ 4 ,650.00 12 gauge - bottom length 78 feet ---- - - - - -� Kaia Allmmmin - (1 to J weeks delivery ------------------------------------ $ 5,352.07 .150 thickness -77. hot om length In answer to the question by Councilman Rays, the City Engineer explained the design of the structure which he said was an arch with the top length being sixty feet with the bidders having to figure what their slope was to be and this had been specified as lig to 1 from the top length although this wasn't clear to the bottom, He said that the bottom length should be approximately seventy-seven feet. Mr. Lewis told the Council that he thought it was specific enough to tie down the materials and he could see no reason why they couldn't accept the low bid although it would be necessary to check into the tax He added that the prices bid were f.o.b. Caldwell. It was moved by Councilman Ma Cluskey, seconded by Councilman Keys, that we accept the low bid of Syro Steel Co, of Centerville, Utah in the amount of $3,870.00. A vote was taken and the motion carried. Easement from The First Baptist Church accepted and to be recorded The City Engineer then presented for consideration of the Council an Easement from The First Haptis Church for a sewer. He stated that the sewer had been put in some time ago but they hadn't really completed the easement proceedings. The easement was along the north side of the church property along the east and the City Engineer recommended that the easement be accepted. It was moved by Councilman Martin, seconded by Councilman HoCluskey, that the Easement from The First Baptist Church for a sewer be accepted and be recorded by the Clerk. A vote was taken and the motion carried. (Instrument No. 662241) Six Quitclaim Deeds accepted and to be recorded The City Engineer then presented six Quitclaim Deeds for the fifteen feet of Willow which he said were needed for the project the City was now engaged in there now and he said he thought there was still one to come in but it was to come from a person who was not a resident of Caldwell. He told the Council that they were all in order and he would recommend that they be accepted and recorded. The Quitclaim Leeds were listed as follows: Keith P. Bsrnquist and N. Marti Burnquist, husband and wife (Inst. #662233) Ida Brown Daughetty (Inst. #662234) Merle A. Fortik and Truly I. Fortik, husband and wife (Lest. #66223$) E. D. Sponsler and (race Sponslar, husband and wife (Inst. #662236) Joe E. Marshall and Alta M. Marshall, husband and wife (Inst. #662237) A. G. Birch and Pearl Birch, husband and wife (Inst. #662236) It was moved by Councilman Keys, seconded by Councilman MoCluskey, that the:six Quitclaim Deeds be accepted and that they be recorded by the Clerk. A vote was taken and the motion carried. Claim denied and referred to Insurance Carrier - Joe C. Bottoms Next presented was a claim against the City from Mors. Joe C. Bottoms in an amount of $119.66 and the City Engineer told the Council that Joe C. Bottoms was the owner of the property at 604 North 11th; that apparently the house was flooded or rather the crawl space was flooded. He said he had talked to the Irrigation Superintendent a little bit about it and he said there seemed to be some confusion here as this was in a ditch, not a pipeline, where the people checked the water in the ditch into their yards; that accor: ing to the information he had, these people had been regulating it themselves and in regulating it this time, they had left it checked while turning off their water and it had flooded this property. It was moved by Councilman MaCluskey, seconded by Councilman Dakan, that the claim be denied and referred to the City's Insurance Carrier. A vote was taken and the motion carried. Planning Agreement with CH2M approved City Engineer Mal Lewis then referred to minutes of the Planning Commission and he stated that they reflected an action by' the Planning Commission with regard to a proposal for additional planning work this year and as previously discussed by the Council - a $10,000.00 budget figure that was to go towards downtown studies and, apparently these were not maturing at this time, so, the Planning Commission had asked Mr. Reynolds of CH2H to present a proposal for the next steps. The City Engineer stated that Mr. Reynolds had done this and the Planning Commission had accepted it. He said the proposal was this: "the three areas that seemed to be paramount in the Planning Commission's mind were first, working with the Highway Department on the Freeway and this envolvement may come rather soon, to relate our planning to a completion of the Interstate Highway through the City and so they had this envolvement as $3,$00.00; the downtown Merchants' Association had appealed to the Planning Commission and to the Council Committee on Streets, at least, that they were not interested in an involved downtown study at this time or, at least they were not interested in participating in this sort of a study and they would like to put what money they can raise into construction work that might widen streets and solve some parking problems by changing the parking to parallel in certain 7 areas and thereby increasing it and this was the avenue they wish to follow. The City has some responsibili here because, if we fund part of this and which we undoubtedly will because we do have a policy that says where street& are now paved, the City will replace that pavement, so, for involvements that might involve planning with what the Merchant's Association wants to do, they propose a preliminary downtown study at leas of $27$0.00. Now that we have the preliminary plan, the next step in that line would be to promote its adoption or, at least promote what's in it to the people to see if they are interested and thereby, the Council eventually adopt it - find out if this does reflect in fact what the City of Caldwell wants for a plan and additional work towards the adoption of the land use is $2 with this total being $8,2$0.00. Mr. Reynolds expressed the opinion that not all of the $10,000.00 should be taken up in studies because the City of Caldwell may be involved with the Canyon Development Council when work surrounding Caldwell involves Caldwell directly and he would recommend that we leave the balance for this purpose and the Planning Commission also has that in their proposal. So the Planning Commission is making this as a proposal to the Council Mayor Carpenter told the Council that he had the written proposal from CH2M and that it was basic- ally the same as presented by the City Engineer. It was moved by Councilman Martin, seconded by Oouncilman MaCluakey, that the City accept the recommendations of the Planning Commission and the Mayor and Clerk be authorised to execute the Agreement identified as Project No. 832$.0. A vote was taken and the motion carried. Second reading of Rill No. 13 Mayor Carpenter then announced the second reading of Bill No. 13 amending the City Code with re- gards to the disposal of wrecked or junked cars and he told the Council that they had received from the Police Department a partial list of the locations of a number of these vehicles and they were waiting for th approval and passage of this ordinance in order to take the proper steps for getting them removed. Councilman McCloskey ccmmented in that he had contacted Bob & Johns about four days ago and they had only received two vehicles voluntarily. He stated that it was going to take something like this to get the job done and he referred to Section 9 of the Bill with a question as to whether there should be a set time fixed for removal. This was discussed with no changes being made. Bill No. 13 - Ordinance No. 1221 Bill No. 13, previously introduced by Councilman McCluskey, entitled: AN ORDINANCE To AMEND TITLE 11 OF THE CITY CODE OF CALDWELL, COUNTY OF CAZON, STATE CF IDAHO, BY ADDING THE FOLUNING.TO CHAPTER 10, SECTION 4, OF SAID CODE. was read for the second time and the Council proceeded to consideration of Bill No. 13. It was moved by Councilman McCloskey, seconded by Councilman Dakan, that the rules requiring the reading of a Bill on three separate days be suspended and that Bill No. 14 be read 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: McCluskey, Keys, Martin, Davenport, and Dakan. Negative votes: none. Absent and not voting: Banks. The Mayor declared the motion had passed by the necessary one -half plus one of the members mf the full Council and directed the Clerk to read 8111 No. 13 the third time in full, section by section. [he Clerk read the Bill as directed. It was moved by Councilman McClu ®key, seconded by Councilman Dakan, that Bill No. 13 pass. A roll call vote was called for when the following Councilmen voted in the affirms - :ive: McCloskey, Keys, Martin, Davenport, and Dakan. Negative votes: none. Absent and not voting- Banks. [hereupon, the Mayor declared that Bill No. 13 had paused and the Mayor in open session of the Council duly -igned and approved the 8111 and the Clerk duly signed and attested the same which became Ordinance No. 1221. The Mayor directed the Clerk to make proper entry of the same and to cause Ordinance No. 1221 to be :ublished in the News- Tribune, the official newspaper of the City of Caldwell, Idaho. lesignation of City Treasurer accepted - Alta E. William The following letter of resignation from City Treasurer Alta E. Williams was read for the consider - tion of the Council: June 7th, 1971 Honorable Mayor and Council, City of Caldwell, Caldwell, Idaho. Gentlemen: Please accept my resignation as Treaaurer for the City of Caldwell, effective as of May 31st, 8 1971. At this time I would like to express my sincere thanks to the Mayor and Council for their considerations shown to me during my terms of City Treasurer. I have enjoyed the work very much. _ I couldn't be more pleased with my successor and know that she will do a real fine fob for the City of Caldwell. I have arranged with the Mayor to work a few days each month as Teresa needs me. I Sincerely, /S/ Alta E. Williams Councilman Martin commented with regares to a dinner hold in Alta's honor and he reported in that reports coming to him were that she had been very thrilled with the little get - together. Mayor Carpenter then read the following which he had received this date from Alta: Thank you all so much for the retirement dinner held for me. It was very thoughtful of you to do this. I also want to thank all of you for attend- ing the dinner and making it each a memorable evening for me. Sincerely, Alta — Mayor Carpenter then requested of the Council, in considering the resignation of Alta Williams, to also consider the termination of the bond from the United States Fidelity & Guaranty Company in the amount of $10,000.00 with cancellation to be in effect after termination of her employment. It was moved by Cbuncilman Martin, seconded by Councilman Davenport, that we accept the resignation of Alta E. Williams as City Treasurer of the City and approve the termination of the Bond with the United States Fidelity & Guaranty Company in the amount of $10,000.00. A vote was taken and the motion carried. j Mayor Carpenter told the Council that Mrs. Williams was retiring at a time in her life and with her ability wherein it was going to be a great thing for her in that she would have time to enjoy retirement and he said he was sure they all offered her their thanks for her efforts in the way she performed her duties as City Treasurer. Appointment of Teresa A. Collins as City Treasurer Vayor Carpenter then appointed Teresa A. Collins as City Treasurer and asked the Council for their approval of this appointment as well as for the approval of a Bond in the amount of $10 to be effectiv from now to January 3, 1972. It was moved by Councilman MoOluskey, seconded by Councilman I[eye, that the appointment of Teresa A. Collins as City Treasurer be confirmed and her Bond in an amount of $10,000.00 be approved. A vote was taken and the motion carried. Resolution No, 13 Councilman Martin sponsored the following Resolution and moved its passage: RESOLUTION NO. 13 BY COUNCILMAN MARTIN WHEREAS, Title 1, Chapter 19, Section 1 of the Caldwell City Code as amended by Ordinance No. designates the Idaho First National Bank, the Bank of Idaho, the First Security Bank of Idaho, and Idaho Bank & Trust Co, as the official depositories of Mmicipal Funds for the City, and WHEREAS, The proper officials of the City who are duly authorized to withdraw funds from said depositories are to be designated; NOW, THEREFORE, BE IT RESOLVED: That the Idaho First National Bank, the Bank of Idaho, the First Security Bank of Idaho, and Idaho Bank & Trust Co. are hereby re- confirmed as the official depositories for the funds of the City of Caldwell, that accounts shall be governed by the Holes, Regulations, Bylaws and Practices, present and future, of the Banks herein designated, including interest, service charges, and all other matters whether the same as or different therefrom, and that, as hereinafter specified, the following officers of the City, who have been duly and regularly elected and /or appointed: Name Title (1) Charles W. Carpenter Mayor be and they are hereby authorised to withdraw said funds from said depositories on the check or warrant as prescribed by law, and that the said officers authorized to withdraw funds be and they are hereby authorized to endorse and receive payment of bills and notes payable to the City, and the said Banks are hereby authorized to pay any such instruments so endorsed and presented to them for payment, including those drawn to the individual order of any officer or other person authorized to sign the samef and BE IT FURTHER RESOLVED: That said authority hereby conferred shall remain in full force until written notice of the revocation thereof by the council of this City shall have been received by said deposi tortes, and that the Clark be and he is hereby authorized and directed to deliver to the said Banks a certified copy of this resolution and to certify to the Banks herein designated, the true and correct signature of the above -named officers. The motion for passage was seconded by Councilman Keys. A roll call vote was called for when the lowing Councilmen voted in the affirmative: Martin, Davenport, Dakan, MoCluskey, and Keys. Negative .es: none. Absent and not voting: Banks. Mayor Carpenter declared that Resolution No. 13 had passed. olution No. 3.4 Consideration of the renewal of a lease on certain property of the Oregon Short Line Railroad ipany was next presented and Mayor Carpenter told the Council that this lease involved the payment of 10% the parking meter monies collected from the property described. Councilman McCloskey then sponsored the following Resolution and moved its passage: RESOLUTION N0. l.4 BY COUNCILMAN Y=CLUSKEY WHEREAS, The City of Caldwell desires to extend lease I&T No. 16627 on certain property of the Oregon Short Line Railroad Companly for the ass ae a park or the continued use as parking lots as the same is shown in the area outlined in yellow on the plat attached and made a part of said lease agreement, and WHEREAS, the term of said lease is agreed to be extended to and including July 31, 1976, unless sooner terminated as provided for in said lease agreement, and WHEREAS, The terms of payment for the lease of said promises are to remain the same as in the prior Lease agreement for said property, NOW, THEREFORE, BE IT RESOLVED: That the City of Caldwell enter into said lease extension of :greament UT No. 16627 and that the Mayor and City Clark are hereby duly authorized to execute said lease agreement in behalf of the City of Caldwell. The motion for passage was seconded by Councilman Keys. A roll call vote was called for when the rung Councilmen voted in the affirmatives McCloskey, Keye Martin, Davenport, and Daken. Negative s none. Absent and not voting: Banks. Mayor Carpenter declared that Resolution No. 14 had passed. st for variance :tabled -- Logan E. Kerr The following letter was read for the consideration of the muncil: June 3, 1971 Mayor Charles Carpenter City of Caldwell city Hall Caldwell, Idaho Dear Mayor Carpenter: We wish to request that a variance be granted for construction of three homes on lots 13, 14, 15, 16, 17, 18 and 19 in Block "4" GOLDEN GATE ADDITION to Caldwell, Idaho. This would allow for 75 feet for the corner house, and 50 feet each for the other two houses. (2) V. Jay Martin President of the Cooncil (3) John L. Englehart City Clerk (4) Dorothy Martin Deputy City Clark (5) Teresa A. Collins City Treasurer (6) Wilma B. Keech Deputy City Treasurer be and they are hereby authorised to withdraw said funds from said depositories on the check or warrant as prescribed by law, and that the said officers authorized to withdraw funds be and they are hereby authorized to endorse and receive payment of bills and notes payable to the City, and the said Banks are hereby authorized to pay any such instruments so endorsed and presented to them for payment, including those drawn to the individual order of any officer or other person authorized to sign the samef and BE IT FURTHER RESOLVED: That said authority hereby conferred shall remain in full force until written notice of the revocation thereof by the council of this City shall have been received by said deposi tortes, and that the Clark be and he is hereby authorized and directed to deliver to the said Banks a certified copy of this resolution and to certify to the Banks herein designated, the true and correct signature of the above -named officers. The motion for passage was seconded by Councilman Keys. A roll call vote was called for when the lowing Councilmen voted in the affirmative: Martin, Davenport, Dakan, MoCluskey, and Keys. Negative .es: none. Absent and not voting: Banks. Mayor Carpenter declared that Resolution No. 13 had passed. olution No. 3.4 Consideration of the renewal of a lease on certain property of the Oregon Short Line Railroad ipany was next presented and Mayor Carpenter told the Council that this lease involved the payment of 10% the parking meter monies collected from the property described. Councilman McCloskey then sponsored the following Resolution and moved its passage: RESOLUTION N0. l.4 BY COUNCILMAN Y=CLUSKEY WHEREAS, The City of Caldwell desires to extend lease I&T No. 16627 on certain property of the Oregon Short Line Railroad Companly for the ass ae a park or the continued use as parking lots as the same is shown in the area outlined in yellow on the plat attached and made a part of said lease agreement, and WHEREAS, the term of said lease is agreed to be extended to and including July 31, 1976, unless sooner terminated as provided for in said lease agreement, and WHEREAS, The terms of payment for the lease of said promises are to remain the same as in the prior Lease agreement for said property, NOW, THEREFORE, BE IT RESOLVED: That the City of Caldwell enter into said lease extension of :greament UT No. 16627 and that the Mayor and City Clark are hereby duly authorized to execute said lease agreement in behalf of the City of Caldwell. The motion for passage was seconded by Councilman Keys. A roll call vote was called for when the rung Councilmen voted in the affirmatives McCloskey, Keye Martin, Davenport, and Daken. Negative s none. Absent and not voting: Banks. Mayor Carpenter declared that Resolution No. 14 had passed. st for variance :tabled -- Logan E. Kerr The following letter was read for the consideration of the muncil: June 3, 1971 Mayor Charles Carpenter City of Caldwell city Hall Caldwell, Idaho Dear Mayor Carpenter: We wish to request that a variance be granted for construction of three homes on lots 13, 14, 15, 16, 17, 18 and 19 in Block "4" GOLDEN GATE ADDITION to Caldwell, Idaho. This would allow for 75 feet for the corner house, and 50 feet each for the other two houses. IR We would appreciate your prompt attention to this matter Sincerely, KERR REALTY Logan E. Kerr After some discussion; it was moved by Councilman Martin, seconded by Councilman McCluakey, that the request for variance be tabled until the Council could obtain further information. A vote was taken and the motion carried. Letter of resignation - Richard H. Winder The following letter of resignation from Richard H. Winder was reed for the consideration of the Council : May 18, 1971 The Honorable Charles Carpenter Mayor of Caldwell Idaho Dear Mayor Carpenter: I will be moving out of the city limits on May 29, 1971, which will require you to replace me as a member of the Recreation Commission. I regret that I will not be able to continue to serve the citizens of Caldwell in this capacity. It has been a privilege to work with them. Fb' beat wishes to you in your effort to provide effective leadership to city government. Cordially yours, /S/ Richard H. tinder It was moved by Councilman Dakan, seconded by Councilman Davenport, that we accept the resignation of Richard H. Winder as a member of the City Recreation 9oard. A vote was taken and the motion carried. Voting Delegate to A.I.C. Convention designated Mayor Carpenter then announced that every member city of the Association of Idaho Cities was en- titled to one vote at the Convention to be held in Burley and that the voting delegate to represent Caldwell at the Association of Idaho Cities annual business meeting should be designated. Mayor Carpenter also in- formed the Counoil that he would be having surgery on one leg with the surgery all ready having been scheduled, and, he requested that one of the members of the Council be designated as the voting delegate rather than himself because there could be a possibility that he wouldn't be able to attend the Convention. He said that the Doctor had said that if he could go there and play golf all day it would be fine but that, if he intended to sit in all day meetings, he would frown on this. Meetings were to be on June 17, 18 & 19. Councilman Davenport told Mayor Capenter that he regretted that he would be unable to attend the meeting but since he couldn't,he would move that Councilman V. Jay Martin be designated as the official voting delegate at the Convention. The motion was seconded by Councilman McClmskey. A vote was taken and the motion carried. Thank you note read The following note of thanks was read: To City Council Members From the Senior Night Parent Committee A special Thank you to you for: allowing the use of the swimming pool for Senior Night. More than 70 seniors took part in that particular phase of the evening and they thank you tool The / Don Reeds, Welts Cervenys, Charles Kerricks, Russ Monahan Indemnity .- . _ y Agreements approved - Instruments No. 4 Two Indemnity Agreements were next presented for the.00naideration of the Council, indemnifying and saving harmless the City of Caldwell, its Mayor and Council against any and all loss, damage, coats and ex- enses by reason of the use of burial lots located in the Caldwell Municipal Cemetery. Instrument No. 41: Indemnity Agreement from Lottie Haskins, daughter of J. J. Buffington, deceased, legal owner of Iota in Canyon Hill Cemetery, authorising the burial of ashes of Bertha Holloway in Space 2, S of Lot 42, Block 56. Instrument No. 42: Indemnity Agreement from Ernest Jensen, eon to Martin Jensen, deceased, who was the legal owner of lots in Canyon Hill Cemetery, authorising the burial for Jerry LeRoy Jensen and Elisabeth Jensen Newton in spaces 4 and 3, Lot 34 of Block 55 It was moved by Councilman Dakan, seconded by Councilman Keys, that these Indemnity Agreements be approved. A vote was taken and the motion carried. pplication for Beer License approved An application for A Beer License from Gerald M. Powell and Stanley J. Lamson, a partnership, d/b /s "The Shack" at 3019 Cleveland Boulevard was presented for the consideration of the Council and the ollowing letter read from the Chief of Police: June 7, 1971 T0: The Honorable Mayor and City Council FROM: The Office of the Chief of Police SUBJECTS Application for Beer License, The Shack, 3019 Cleveland Boulevard, Caldwell, Idaho GENTLEMBN: The following subjects have made application as a partnership for a beer license to operate a new business located at 3019 Cleveland Boulevard, Caldwell, Idaho, known as "'Ihe Shack ". Gerald M. PodELL, Box 12, Parma, Idaho Stanley J. LENOSON, 1908 Wyoming Avenue, Caldwell. Idaho Roth of these subjects are bona fide residents of the State of Idaho and are qualified under Section 23 -1010 of the Idaho Code. They have not been convicted of any felony in the past three years and are of good moral character. It is understood that they have purchased the property at 3019 Cleveland Boulevard, Caldwell, Idaho for the purpose of establishing a place of business to be known an "The Shack ". It is my understanding that draft beer & bottle beer will be con - X ad on the premises and it is my further understanding that this will act as a package store (beer to go). I can find no legal reason why a beer license should not be issued to Mr. Gerald M. PMLL, and Mr. Stanley J. LENUSON, a partnership, to operate a business to be known as "The Shack ". Respectfully, /S/ Charles W. Astleford Chief of Police the application was accompanied by a receipt from the Clerk for the required fee of $100.00. It was moved by Councilman McCluakey, seconded by Councilman Dakan, that the application for a Beer Acense from Gerald M. Powell and Stanley J. Lamson to do business as The Shack at 3019 Cleveland Boulevard he approved and that the License be issued. A vote was taken and the motion carried. j ?olice Department report approved The monthly Police Department report for the month of April, 1971, was then considered by the ;ouncil and was ordered placed on file. hpplications for Bartender Permits approved Applications for Bartender Pariahs were presented for the consideration of the Council from Donors L Stout, Sandra L. J. ]Lister, Beth Carlene Deids, Pierre Rainbow, Kaye M. Glenn, Dennis hale Batt, Linda Angdon, and L. D. 9oigert. Bach application had been approved by the Clef of Police and was accompanied by receipt from the Clerk for the required fee. F It wale moved by Councilman Martin, seconded by Councilman & Cluskey, that the applications for Bartender Permits be approved and that the Permits be issued. A vote was taken and the motion carried. Spraying for mosquitoes discussed Councilman McCluskey referred to a previous meeting when a delegation from Canyon Hill had met with he Council in regards to the mosqultoe situation there and he said they were getting bad; also he stated the ere was approximately 250 acre. to spray and this was below and around the Canyon Hill area and Curtis Park. ouncilman NcClaskey reported to the Council that, by aircraft, there was a product that had been approved by e Fish & Game Department for use with the approximate coat being $450.00 by Flight Service and $515.20 by 32 Clarks, and, he had suggested to Mr. Max Gardner that maybe they could come up with a portion or half of the cost minimum and had told him that, in his opinion, they couldn't dust maliciously go spray that particular Mayor Carpenter reported that spraying for the elm leaf beattle had been approved and that the men are dust waiting for the weather in order to proceed with the aerial spray; that it could happen any mornin nd this would help the situation with mosquitoes for some time. City Building Inspector, George Dafur, explained the present locations of work with the ground praying by City employees and he also pointed out that there may be some possible problems in going outside he pity Limits. He reported that he hadntt had a chance to talk with the County Commissioners and he didn' now what the experience had been in the past on this. He also explained that he had hoped there would be ufficient money to go back with the ground spray and he said he was worried about it and it was a big Councilman NoCluskey commented in that he didn't ass where the City would gat into any legal proble if the spraying was confined to the river area. Councilman Martin commented in that if the City was actually to get involved in spraying outside of the City Limits on property other than City property, he thought the City Attorney would need to clear the City from any legal standpoint. Mayor Carpenter told the Council that he was sure the City would have to get permission from the property owner to do this and that, with the water going down in the river, it was going to increase the sphere and population considerabley but with the aerial spray going on, it would help considerabley and they would gust have to feel their way as to what the City could do otherwise; that the ground spray rig probably would help considerable within the City Limits. In answer to the question by Councilman McCloskey, Mayor Carpenter said that, as a result of the previous meeting with the group from Canyon Hill, he had understood that Mr. Gardner was going to find out what materials could be used. It was also suggested that the County Commissioners might to contacted to see if they would participate in this program also. Councilman McCluskey commented further in that he thought the group had pretty well been told to go ahead and set something up so the City should give them something definate to go on. Some further discussion followed with no further action being taken at this'tims. Bills - End May It was moved by Councilman Martin, seconded by Councilman Keys, that the warrants for claims and payrolls be approved as per list and filed in the City Clerk's office. Such warrants being in the totals as follows: Warrant Numbers 368 thru 441, General Fund --°-------- ---------------- ° --------- ° $ 9,244.32 Warrant Numbers 234 thru 274, Water & Sewer Fund: Water 1,192.61 Water, Capital °- - - -- o ° --- °-- 2,361.58 Treatment Plant ----------- - --- -- 833.00 Treatment Plant (31- 033 -10) -- --- 8,635.70 Sewer Maintenance ---- — ---- - --- 39.60 Water, General Office - --- --- ---- 429.75 Warrant Numbers 399 thru 465, Special Funds: Fire -------------------- - ° - ° -- 407.92 Fire, Capital ------- ----- -- -- °- 520.03 C emetery -------- -------- --- - -- 15749 Street ------ -- ------------ ---- 4,140.77 Street, capital ----------- - - ---- 264.92 Sanitation ---------------- - ----- 19.88 Sanitation, Contract ------ - - - - -- 7,150.05 A rmory ------------------- - - - - °- 196.46 I rrigation -------------- ° - - °-- 64.64 L. I.D. #66 - ---- ----- ---- ----- - -- 172.00 L.I.D. #67 ---- -- ------ --- --- --- 50.00 Water, capital Improvement - - ---- 34 Warrant Numbers 760 thru 833, General Fund (except #760, #761, #762, and #763) , Nay Payroll.'------ --------- ---------- ------ ------- - -- 36,931.80 Warrant Numbers 834 thru 901, Special Funds (including #761 and #760). May payroll - 21,627.55 Warrant Numbers 902 thru 932, Water & Sewer Fund payroll (including #762 and #763), May -----_--- ^ °----- __ °-- °'- "----- °--- __ - - -_ -"-$ 10 020 39 A vote was taken and the motion carried. It was moved by Councilman Davenport, seconded by Councilman Dakan, that the meeting recess until , 13 until 8100 p.m. on the 21st day of Jane, 1971. A vote was taken and the motion carried. The meeting recess ed at lOt30 P. M. J r� or COUNCIL CHAMBERS JUNE 9, 1971 11:00 A. M. The Council met pursuant to call and acknowledgement of notice in the following form; s We, the undersigned Mayor and Members of the City Council of the City of Caldwell, Idaho, do herel acknowledge notice of a Special Meeting of the said City Council to be held in the Council Chambers in the City Hall of Caldwell, Idaho, at the hour of 11-00 A. M. on the 9th day of June, 1971, for the transaction 4 all business in connection with the following object: Consideration of an application for a City Beer Lice: as an individual from John D. Egans. Witness our signatures this 9th day of June, 1971. C Mayor da an n i unc n ounci� n �� i cunt an Counc Mayor Charles W. Carpenter presiding. Upon Roll Call, the following Councilmen answered present; Alfred H. McCloskey, V. Jay Martin, C. A. "Chet" Davenport, and James R. Dakan. Absent: Charles C. Banks and James W. "8111 Keys. Application for a Bear License as individual considered Mayor Carpenter stated the purpose of the Special Meeting and presented for the consideration of the Council an application for a Baer License, as an individual, from Mr. John D. Egans d/b /a Keg & Kettle at 608 Main Street. He explained in that the City had previously issued a Beer License to W. Cary Collins and — John D. Egans, a partnership, d/b /a Keg & Kettle at the stated address, and, presented in aocompenyment with the application a document to acknowledge a complete release of all equity or interest in the partnership between John D. Eagan and W. Gary Collins by W. Cary Collins and Teresa A. Collins; as well as a statement from J. P. Martin and Louise A. Martin, owners of the premises, giving consent to the retail sale of beer on i the premises. The application had been approved by the Chief of Police but was not accompanied by a receipt 4 from the Clark for the fee in as much as there was an uncertainty as to what fee would be required under the circumstances. Section 4 -7 -2 of the City Code was referred to and read. After a brief discussion; it was moved by Councilman McCloskey, seconded by Councilman Dakan, that a Beer License be issued to John D. Egan as an Individual in accordance with his application, subject to a legal determination by the City Attorney of the fee as provided for in the City Code and that the City Clerk be instructed to hold on deposit a fee of $100.00 until a determination was made, In answer to the question, Mr. Eagan stated that this action was agreeable with him. A vote was then taken on the motion and the motion carried. Request for variance referred to - no action taken For information to the Council, Mayor Carpenter referred to a letter at the previous meeting from Mr. Logan E. Kerr requesting a variance, and he told the Council that the description eat forth in that lette should refer to Block "A" instead of Block 11 4 ". Councilman Davenport and Councilman Martin had not had an opportunity to look at the property since the last meeting and no action was taken other than a brief die - cession and clarification for Mr. Kerr, who was present, in that it would be his responsibility to see that each of the Councilmen had an opportunity to see the property and be made aware of the construction intended afore a favorable action would be considered by the Council.