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HomeMy WebLinkAbout1968-07-01city council minutes481 It was moved by Councilman Davenport, seconded by Councilman Martin, that the applications for r— Bartender Permits be approved and that the permits be issued. A vote was taken and the motion carried. Reception announced - June 25 Mayor Smith announced the annual baseball opening event for the Cubs on June 25th and said that gams would be preceded with a reception at his home at 6:00 p.m. Bills for M d -June It was moved by Councilman Martin, seconded by Councilman Keys, that the warrants for claims be approved as per list and filed in the City Clerk's office. Such warrants being in the totals as follows: Warrant Numbers 503 thru 567, General Fund: ------------------------------------ $ 10,961.72 �q Warrant Numbers 248 thru 277, Water & Sewer Fund: Water ----------------- - - - - -- 557.65 Water, Capital -------- - - - - -- 195.29 Water, Capital Improvement -- 1,081.23 Treatment Plant ------- - - - - -- 618.43 Water, General Cffice - - - - - -- 99.07 Warrant Numbers 469 thru 548, Special Funds: Fire ------------------ - - - - -- 395.97 Fire, Capital --------------- 2,093.78 Cemetery -------- ------------ 244.64 Street -------------- - - --- 5,421.91 Street, Capital ------- - - - --- 1,871.97 Sanitation ----- - - - --- - - - - - -- 17.38 Sanitation, Contracts - - - - - -- 446.34 Irrigation ----------- - - - - -- 251.36 T _ I. D. #61 ---------- -- - - -- -- 1,438.91 L.S.D. #62 ----- ------ ----- -- 1,757.62 L.I. #62 (int. financing) -- $ 9 000 A vote was taken and the motion carried. It was moved by Councilman Keys, seconded by Councilman Carpenter, that the meeting adjourn. A vote was taker. and the motion. carried. Tne meeting adjourned at 9:10 P. M. Gx 1 rk 1� - -- -- - ma yor COUNCIL CHAMBERS JULY 1, 1968. 8:00 P. M. The regular monthly meeting of the City Council met in the Council Chambers of the City Hall with Mayor N. E. "Coley" Smith presiding. ''Upon Rol] Call, the following Councilmen answered present: Charles C. Banks, William S. Harrison, 'James W. "Bill" Keys, V. Jay Martin, and Charles W. Carpenter. Absent: C. A. "Chet" Davenport. Bridge Construction between Arthur and Blaine Streets on Nineth Avenue The first, order of business was the bridge construction between Arthur and Blaine Streets an Ninth Avenue. Mayor Smith informed the Council that the construction had been delayed for over ten (10) days now and that he had been unable to get a commuttment from the owners of property to proceed with the construction as originally planned and bid. He said that this was creating a problem for the City because they were diverting Indian Creek over easement rights that would be expiring; there was a completion date set 11 �by the Contract, and there were sanitation problems in the area; he didn't feel that, under any conditions, could they allow the construction of the bridge to be delayed any further. The Mayor then stated that; "at this time I would like to recommend to you gentlemen that we adjust the plans, abandon the alley between �!DeMeyer's L)ry Cleaners and Stahl's Beverage Store, and proceed to build the bridge and get the street open i 'at the earliest possible time ". The Mayor added that when he said abandon the alley, he meant to close the alley by reason of not being able to keep it open; not to vacate the alley. As further explanation he said the City couldn't get a committment to go ahead with the bridge construction because a damaged building had to be removed; that they had no quarell with a person's right to claim damages or of the right of the Contractor or his Surety to protect themselves but he could see no reason why the construction of the bridge had to be delayed while every coin of every dollar was argued out; that the City was creating a contingent i'liability with the property owners on the street by delaying construction and they could possibly enjoin the City in litigation later so it had become a desperate situation, for that reason he felt that he had to make i 482 this recommendation to the Council. The Mayor also advised the Council in that they must realise that, if they took this step, it would require the Engineering Department to immediately change the installation of the trunk sewer line there and the Contractor could build base and further abutments to the ownership line; that once this atop was taken it wouldn't be possible to change the contract back as originally planned; 1 however, ten to twelve days was long enough to stop the construction of a street that was torn up and hinder- ing the fall benefit of the downtown area for all of the citizens. The Mayor also mentioned the temporary easement rights through the parking lot, the danger of the bank going out on the diversion of the creek and �! should the construction site become flooded, there voald be additional damages that someone would have to pay He said he was to have received a phone call today from some of the principals' involved so they could get together tomorrow morning and try to get a meeting of the minds but no call had been received by him; that he I had informed them of the recommendation he would make to the Council at this meeting and, if approved by the Council and the matter not resolved within 24 hours from this meeting tonight, it would be to late to change the construction back to the original plan. u After considerable discussion of the Mayor's recommendation by the Council and of the problems' in volved; the City Attorney advised that, in his opinion, it was the Contractor's responsibility to proceed with the construction of the bridge as designed, including the alley, and he further advised that, should the plans be changed, the City would probably have some legal responsibility to the property owners due to the alley having not been restored. Ha advised the Mayor and Council that the Contractor should be given written notice to proceed; that the penalty would be involked for any delay beyond the completion date, and that he would be held responsible for any resulting litigation against the City, Mayor Smith stated that he thought they had to follow their legal advice and he would write the 11 Contractor a letter accordingly the next morning. Bill No. 17 - Ordinance No. 1137 This being the date set by Ordinance No. 3.134 for hearing objections to the vacation of all of Fillmore Street between Twentieth Avenue and Ash Street, and no one being present to offer objections and no objections having been received by the Clerkj Councilman Carpenter introduced Bill No. 17, entitled - AN ORDINANCE RECITING THE PASSAGE, APPROVAL AND PUBLICATION OF ORDINANCE NO. 1134; DETERMINING THAT NO OBJECT IONS TO THE VACATION OF ALL OF FILLMDRE STREET BETWEEN TWENTIETH AVENUE AND ASH STREET AS SHOWN ON THE FLAT OF STEUXENBERG'S ACREAGE ON FILE IN BOOK 1 OF PLATS, PAGE 40 OF THE RECORDS OF THE RECORDER OF CANYON COUNTY, IDAHO HAVE BEEN NADE OR FILED AND THAT NO CLAIM OR CLAIMS FOR DAMAGES WHICH WOULD BE SUSTAINED BY REASON THEREOF HAVE BEEN FILED; DETERMINING THAT THE VACATION OF SAID FILLMORE STREET HEREINBEFORE DESCRIBED IN THIS CAPTION IS TO THE BEST INTEREST AND ADVANTAGE OF THE CITY OF CAIIPAELL, ITS CITIZENS AND PROPERTY OWNERS; DE- TERMINING THAT NO DAMAGE WILL BE SUSTAINED BY ANY CITIZEN OR PROPERTY OWNER BY REASON OF THE VACATION OF FILLMORE STREET HEREINBEFORE DESCRIBED IN THIS CAPTION; PROVIDING THAT THE TITLE TO SAID FILLMORE STREET, HEREINBHMORE DESCRIBED IN THIS CAPTION, AS VACATED, SHALL REVERT TO THE PARSONS DEDICATING THE SAPC;, THEIR SUCCESSORS, HEIRS AND ASSIGNS. REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH AND PRO - ' VIDING FOR THE PUBLICATION OF THIS ORDINANCE AND ITS EFFECT. which was read for the first time and the Council proceeded to consideration of Bill No. 17. It was moved by Councilman Carpenter, seconded by Councilman Banks, that the rules requiring the reading of a Bill on three separate days be suspended and that Bill No. 17 be read the second time by title and the third time in full, section by section. The Mayor directed the Clerk to call the roll on the above motion with the following result: Those voting in the affirmative were: Banks, Harrison, Keys, Martin, and Carpenter. Negative votes:: none. Absent and not voting: Davenport. The Mayor declared the motion had passed by the necessary one -half j plus one of the members of the fall Council and directed the Clerk to read Bill No. 17 the second time by title and the third time in full, section by section. The Clerk read the Bill as directed. It was moved by Councilman Carpenter, seconded by Councilman Banks, that Bill No. 17 pass. The Mayor directed the Clerk to call the roll on the above motion which resulted as follows: Those voting in the affirmative were: Banks, garrison, Keys, Martin, and Carpenter. Negative votes: none. Absent and not voting: Davenport. Thereupon, the Mayor declared that Bill No. 17 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. 1137. __J I The Mayor directed the Clerk to make proper entry of the same and to cause Ordinance No. 1137 to be cublished in the News- Tribune, the official newspaper of the City of Caldwell, Idaho. Request approved for Carnival in conjunction with the Caldwell Night Rodeo The following letter was read for the consideration of the Council- 483 June 24, 1968 r City of Caldwell Mayor Coley Smith City Hall Caldwell, Idaho Dear Sir, i We of the Caldwell Night Rodeo, would like to request formal permission for the Carnival ir. conjunction with the Caldwell Night Rodeo which is to be held August 6th - 10th. The organization which is in charge of this carnival is the Beehive Exposition Shows. We have appreciated the fine cooperation from the City in the past, and we are certain that this will be another eventful year in the history of the Caldwell Night Rodeo. Sincerely Yours, /S/ Randall Smith Manager It was moved by Councilman Martin, seconded by Councilman Keys, that the request be approved. A vote was taken and the motion carried. Damages denied - Randall B. Plaisted The following letter from Randall B. Plaisted requesting payment for damages was presented for the consideration of the Council: June 21, 1968 City of Caldwell Caldwell, Idaho 83605 Dear Sire: Randall B. Plaisted 1610 North Illinois St. Caldwell, Idaho 83605 On May 24, 1968 my car was thrown out of alignment and the idle arm damaged as a result of improper installation of a manhole at the Reed & Bell Drive -Inn. The manhole was a city installation. The same day I went to talk to Mr. Lewis, the City Engineer; and he gave me claim papers to fill out which necessitated estimates for cost of repair. How- ever, because of the nature of alignment difficulties, I was told by the garages I contact- ed that they could not make estimatea- -Many hidden damages are possible. Finally, I took my car to Burns Chevrolet of this city and had the alignment corrected. I am enclosing a copy of the bill, which I have already paid. Please remit to me 45.13. I thank you for your consideration in this case. Sincerely, /S/ RAIvDALL S. PLAISTED It was moved by Councilman Martin, seconded by Councilman Keys, that the claim of Randall B. Plaisted be denied and forwarded to the City's Insurance Carrier. A vote was taken and the motion carried. Public Hearings by the local government affairs committee announced Mayor Smith informed the Council of notice of public hearings by the local government affairs ",committee of the State Legislature and presented a schedule as follows: Monday, July 15 Idaho Falls Court House Tuesday, July 16 Twin Falls Court House Wednesday, July 17 Boise Room 437 Statehouse Thursday, July 18 Lewiston Classroom in the basement of the Lewiston -Clark Normal School Library. Friday, July 19 Coeur d'Alene Community Room in Court House The Mayor reviewed topics of suggested legislation to be discussed at the hearings and told the Council that it would be very important for all who could to attend the meeting in Boise on Wednesday, July 17th. Dead and Easement accepted - Burns property The City Engineer referred to the map of Mansell Addition and said that the remaining half of the ten acres was owned by two people and that Mr. Robert Buns had placed a house on the property which necessitated the extension of Butte View Drive. Mr. Levis stated that this had been discussed with the Planniag'Commission and he referred to the Subdivision Ordinance and the requirements of a culdesac for a turn around. He then presented a Quitclaim Deed from Robert E. Buns and Phylys D. Burns, husband and wife, for street right -of -way (Inst. #614155 and Inst. #614418) and an Easement for a culdesac from Jennie I. Burro 484 (Robert E. Burns and Phylys D. Burns. (Easement - Instrument #614156 ). He further stated that should the street be extended on; the easement would be abandoned, and he re commended that the Deed and Easement be accepted and recorded. J It was moved by Councilman Harrison, seconded by Councilman Carpenter, that the Deed and Easement be accepted by the City and that they be recorded by the Clerk. A vote was taken and the motion carried. Reports of Police Department The monthly report from the Police Department for the months of May and June, 1968, were read for the consideration of the Council and ordered placed on file. Deeds to be accepted and portion of Street vacated Mr. Brorett L. Brock was present and the City Engineer explained to the Council a situation relativ to a part of West Ash Addition and said that when the property was platted, Brock Avenue wasntt where Mr. Brock thought his property lines were. A distance of tan feet was involved and in order to straighten it out for Mr. Brock, it would be necessary to have a deed for ten feet on one side to the City from Mr. Goodwin and Mr. Brock and the City then vacate a strip ten feet wide on the other side. Mr. Lewis also stated that he had informed Mr. Brock there would be some publication costs involved. Mr. Brock said that this would be all right. In answer to the question, Mr. Lewis stated that he could see no reason not to recommend that this be done. After some further discussion; it was moved by Councilman Banks, seconded by Councilman Harrison, that the City accept the necessary two deeds and agree to vacate an equal portion with publication costs to be paid by Mr. Brooks and Mr. Goodwin. A vote was taken and the motion carried. Pool and Card Licenses approved - third quarter The following applications for Pool and Card Licenses for the third quarter were presented for the consideration of the Council with each application being accompanied by a receipt from the Clerk for the re- quired fee. Pool License: Kenneth J. Vincent d /b /a Kents - 315 N. Fifth - $15.00 George T. Haines d /b /a Sportsman Bar & Cafe - 117 Everett St. - $15.00 Card License: Ettie Vickers d/b /a Western Beer & Lunch - 707 Main St. - $15.00 I It was moved by Councilman Kays, seconded by Councilman Banks, that the applications for Pool and Card Licensee for 3rd quarter 1968 be approved and the licenses be issued. A vote was taken and the motion carried. Applications for Bartender Permits approved Applications for Bartender Permits from Frances hallou, Robert J. Ertz, and Cindy Irene Nally were presented for the consideration of the Council. Each application had been approved by the Chief of Police an was accompanied by a receipt from the Clerk for the required fee, i It was moved by Councilman Martin, seconded by Councilman Carpenter, that the applications for Bartender Permits be approved and that the permits be issued. A vote was taken and the motion carried. Request to place Church Directory signs discussed councilman Keys reported that Ira Craven had spoken to him in behalf of the Caldwell Kiwanis Club i that they wished to place three Church Directory signs at entrances to the City on Marble Front Road, the Wilder Highway, and on South Kimball Avenue; that he would like the City's approval on this. This was discussed in that these signs would not comply with the restrictions of the city code in the residential zone and the request was also discussed relative to restrictions of the State Highway Depart- ment. It was agreed that more information was needed as to exact locations desired and the intended size of o. Payment for portion of cost of roof over display area at Y mmorial Park Councilman Keys also inquired about payment by the City to the Kiwanis Club for a portion of the cost of the roof over the display area at Memorial Park. It was noted that the amount was budgeted and a claim should be filed for payment. Irrigation District Discussed Councilman Carpenter informed the Council in that Mr. Pete Clasen had talked with him relative to the City taking over their Irrigation District and the possibility of forming a Local Improvement District to improve the facilities and bring it into shape, II This was briefly discussed with no action taken. Meeting with Golden Gate Irrigation District Mayor Smith stated that there had been a discussion with the Directors of the Golden Gate Irrigati i 485 r District and members of the City Council concerning assessment rates and other matters of mutual interest. ,Report on Police Schooling Police Chief Charles Astleford reported on his attendance at the FBI National Acadmy re- training station in Portland and said it was a very informative session. He said they discussed recent Supreme Court rulings, dope control, etc., and that he had returned with good information for his Department. He also reported that Patrolman Stan Siegmann had attended the Police Training Academy sponsored by the Association of Idaho Cities, Idaho Peace officers Ass'n., and FBI at Pocatello. The sessions had been changed from two weeks to three weeks and he said he thought this was necessary in order to receive proper ltraining. All phases of law enforcement were taught and Chief Astleford said they had good instructors} that it was all work with four hours on Saturdays and practice at the firing range on Sundays. The City's cost was the man's salary and approximately $140.00 for expenses. , Bills for End -June 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 568 thru 601, General Fund: ------------------------------- - - - - -- $ 4,973.20 Warrant Numbers 278 thru 298, Water & Sewer Funds Water -------------------- - - - - -- 1,479.89 Water, Capital Improvement - - - -- 47.78 Treatment Plant ---- ------------ 907.85 Water, General Office ---- - - - - -- 424.45 Warrant Numbers 549 thru 575, Special Funds: Fire --------------- ------ - - - - -- 1,298.40 Cemetery --- ------------ -- - - - - -- 115.58 Street ------------------- - - - - -- 227.57 Street Capital ---------- - - - - -- ' 5,347.75 Sanitation ---- --- -- -- - -- - - - - - -- 120.04 Sanitation Contracts ----- - - - - -- 5,339.49 Armory - --- ----------- ---------- 82.47 Irrigation ------------ - - - - -- 3.81 L.I.D. # -- ----- --- -- -- - - - ---- 8,459.00 L.I.D. $62, Int. Financing - - - -- 2.000.00 $30,827.28 Warrant Numbers 896 thru 1012 - (excepting 896, 897, 598, 899, 902, 903, and 904) - General Fund Payroll - Jane -------- - - - - -- 36,864.80 Warrant Numbers 1013 thru 1077 - ( including 896, 897, 898, 899, 902, 903, and 904) - Special Funds Payroll - June ------- - - - - -- 17,239.42 Warrant Numbers 1078 thru 1103 - Water & Sewer Fund Payroll - June ---------- - - - - -- 67, 97.77 $92,629.27 A vote was taken and the motion carried. r It was moved by Councilman Carpenter, seconded by Councilman Keys, that the meeting recess until 8:00 P. N on July 15, 1968. A vote was taken and the notion carried. The meeting recessed at 9:30 P. M. "cit Clerk sycr COUNCIL CHAMBERS JULY 15, 1968 8-00 P. M. The Council met pursuant to recess and acknowledgement of notice in the following form: We, the undersigned Mayor and Members of the City Council of the City of Caldwell, Idaho, do here- by acknowledge notice of a Recessed Meeting of the said City Council to be held in the Council Chambers in the City Hall in the City of Caldwell, Idaho, at the hour of 8:00 P. M., on the 15th day of July, 1968, for "the transaction of all business in connection with the following object: New and unfinished business. 1 Witness our signatures this 15th day of July, 1968. C7 Mayor