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HomeMy WebLinkAbout1963-07-08city council minutesN COUNCIL CHAMBERS JULY 8, 1963 8 too P. M. The Council met pursuant to recess and acknowledgement of notice in the following forms We, the undersigned Acting Mayor and Members of the City Council of the City of Caldwell, Idaho, do each hereby acknowledge notice of a Recessed Meeting of the said City Council, to be held in the Council Chambers in the City Hall in the City of Caldwell, Idaho, at the hour of 8:00 P. M., on the 8th day of July, 1963, for the transaction of all business in connection with the following objects New and unfinished business. Witness our signatures this 8th day of July, 1963. Acting iQ�A r Counc e a Counci Counc Acting Mayor Emery I. Vassar presiding. Upon Roll Call, the following Councilman answered present: E. L. Vassar, Max Iuby, C. A. Daven V. Jay Martin, and N. E. "Coley" Smith. Absent: Councilman Emile Shorb. He aring on vacation of a portion of Blomquist Avenue Acting Mayor Vassar announced that this was the time set for hearing any protests against the ,v acating of a portion of Slomquist Avenue which would be a strip of right -of -way twenty -five (25) feet in 1 No. 13 - Ordinance No. 1010 The Clark informed the Mayor and Council that he had received no written protests in his office. was noted that no one had appeared in protest at this meeting whereupon Counc Smith introduced Bill 13, entitled: ORDINANCE RECITING THAT DUE AND PROPER NOTICE HAS BEEN GIVEN FOR THE HEARING ON VACATING CERTAIN STREETS i ALLEYS AND DETERXWNG THAT NO OBJECTIONS NAVE BEEN MADE AMID FILED TO THE VACATION OF THE STREETS AND KEYS; BEING THE EAST 25 FEET OF BLOMQUIST AVENUE, AS THE SAME ARE SHOWN ON THE OFFICIAL PLAT THEREOF ON a AND OF RECORD IN THE OFFICE OF THE COUNTY RECORDER OF CANYON COUNTY, IDAHO] DETERNIINING THAT THE VACATI SAID STREETS AND ALLEYS IS TO THE BEST INTEREST AND ADVANTAGE OF THE CITY OF CALDWELL, ITS CITIZENS AND IFERTY OWNERS; DETERMINING THAT NO DAMAGE WILL BE SUSTAINED BY ANY CITIZEN OR PROPERTY OWNER BY REASON OF VACATION OF SAID ALLEYS; PROVIDING THAT THE TITLE TO SAID STREETS AM ALLEYS AS VACATED SHALL REVERT TO PERSONS DEDICATING THE SANE, THEIR SUCCESSORS, HEIRS OR ASSIGNS; REPEALING ALL ORDINANCES OR PARTS OF IINANCES IN CONFLICT HEREWITH AND PROVIDING FOR THE PUBLICATION OF THIS ORDINANCE AND ITS TAAING EFFECT. .ch was read for the first time and the Council proceeded to consideration of Bill. Be. 13. It was moved by mcilman Smith, seconded by Councilmen luby that the rules requiring the reading of a Bill on three Karate days be suspended and that Bill No. 13 be read the second time by title and the third time in Hill, ition by section, and placed on the final passage. The Mayor directed the Clerk to call the roll on the ive motion with the following result: Those voting in the affirmative wares Lnby, Davenport, Martin, and Lth. Negative; none. Absent and not voting: Shorb. The Mayor declared the motion had passed by the :essary three - fourths majority and directed the Clerk to read Bill No. 13 the second time by title and the Lrd time in full, section by section. The Clerk read the bill as directed. The question being "Shall Bill 13 pass?" The Mayor directed the Clark to call the roll on the above question which resulted as follows: gee voting in the affirmative were: Luby, Davenport, Martin, and Smith. Negative: none. Absent and not bing: Shorb. Thereupon, the Mayor declared Hill No. 13 had passed and the Mayor in open session of the ancil duly signed and approved the Bill and the Clerk duly signed and attested the same which become finance No. 1010. The Mayor directed the Clerk to make proper entry of the same and to cause Ordinance No. 1010 to be blished in the News- Tribune, the official newspaper of the City of Caldwell, Idaho. wring on the advisability of altering, amending and changing the boundaries of the "C.D." Commercial Zone Acting Mayor Vassar then announced that this was the time set for hearing of protests concerning e changing of five (5) Blocks from the zoning of "A.B." Residential to "C.D." Coamrercial which would includ e area between Fourteenth Avenue and Sixteenth Avenue, three Blocks long between Chicago and Denver Streets 2 w Hill No. 14 - Ordinance No. 1011 The Clerk informed the Mayor and Council that he had received no written protests in his office. It was noted that no one had appeared in protest at this meeting whereupon Councilmen Iuby introduced Hill No. 14, entitled: AN ORDINANCE RECITING THAT A PUBLIC HEARING HAVING BEEN HEID AFTER DUE NOTICE PURSUANT TO LAW, AND THAT TEE COUNCIL OF THE CITY OF CALDWELL, IDAHO, BY NOT LESS THAN THREE - FOURTHS VOTE OF THE COUNCIL, HAS DETERMINED THE ADVISPMLITY OF ALTERING, AMENDING AND CHANGING THE BOUNDARIES OF THE "C.D.-- OOMM0aAL ZONE OF THE CITY OF CALDWELL, IDAHO, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT RMWITR, AND PROVIDING FOR THE PUBLICATION OF THIS ORDINANCE AND ITS TAKING EFFECT. which was read for the first time and the Council proceeded to consideration of Bill No. 14. It was moved by Councilman Luby, seconded by Councilman Martin that the rules requiring the reading of a Bill on three separate days be suspended and that Bill No. 14 be read the second time by title and the third time in full, section by section, and placed on the final passage. The Mayor directed the Clark to call the roll on the above motion with the following result: Those voting in the affirmative were: Laby, Davenport, Martin, and Smith. Negative: none. Absent and not voting: Shorb. The Mayor declared the motion had passed by the necessary three - fourths majority and directed the Clerk to read Bill No. 14 the second time by title and the third time in full, section by section. The Clerk read the bill as directed. The question being "Shall Bl No. 1L pass?" The Mayor directed the Clerk to call the roll on the above question which resulted as follows Those voting in the affirmative wares luby, Davenport, Martin, and Smith. Negative: none. Absent and not voting: Short. Thereupon, the Mayor declared Bill No. lla 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. 1011. The Mayor directed the Clerk to make proper entry of the same and to cause Ordinance No. 1011 to t published in the News - Tribune, the official newspaper of the City of Caldwell, Idaho, Request for issue of Certificate of Occupancy Acting Mayor Vassar then called upon Mr. Bill Brauner who was representing Mr. and Mrs. Robert White of Caldwell and who stated that the proposal was simply to reinstate the original purposes for the old Eagle bu ilding and the proposal was to have a teenage Club there which would be a membership organization; that organisational dances would be held there, not public dances, and that they had talked to the Building Inspector, Mr. Goul, about the matter and he thought that Mr. Gout was presenting it to the Council for thei decision from his report. He stated that he might Say also that these teenage Clubs were something that were going in all over the Country; that there were several in Portland, one in Boise, and that he thought it was only a matter of time until one was to came into this area, that be might say, for the benefit of the Council, that in this Club there was to be no drinking or anything like this - that it was going to be young people danciry with no booths or anything but soft drinks being served. He said further that he had discussed this very Carefully with Mr. and Mrs. White and that they had indicated to him that they didn't want any trouble but were going to try to keep certain restrictions on the dreae in order to get into the Club and so forth - that they had done extensive work fixing the place up and it was quite an improvement for the town as far as he was Concerned and they were simply asking that a Certificate of Occupancy be issued. The following letter was then reed to the Council: July 8, 1963 Barney Goul Building Inspector City of Caldwell Caldwell, Idaho Dear Sir: We hereby request that a Certificate of Occupancy and Compliance be issued by your office stating that the proposed use of the Old Eagles Building, located at 420 Main Street, Caldwell, Idaho, as a teen age club, complies with all the bu ilding and health laws and regulations of the City of Caldwell and with the provisions of the zoning code relating thereto. I represent Mr. and Mrs. Robert White of Caldwell, Idaho, and make this request in their I behalf and as their attorney. very truly yours, BRAUNER & FULLER /S/ By Wm. J. Brenner The following letters from the Office of the Building Inspector were read: TO THE HAM AND THE COUNCIL CITY OF C ALDWM , IDAHO July 8, 1963 SUBJECT: Occupancy change at 410 Main Street from U. S. Army Reserve Offices to a Teen Age Night Club. Mr. Robert White has been remodeling this building for the express purpose of using it for a Recreation Hall for teen -agora on a Night Club basis. It is not quite clear Just how the operation is to be conducted, so on the advice of the City Attorney, Dean Miller, and the Chief of Police, Charles Aatleford, I have held up the certificate of occupancy until the mayor and the council have an opportunity to review the situation. According to the Caldwell City Code, Chapter 7, Section 6 -7 -2, subsection K, third paragraph, I have every right to take this prncsedure. Respectfully /S/ Barney Ooul Building Official To THE MAYOR AND COUNCIL CITY OF CALDWELL, IDAHO July 8, 1963 SUBJECT; Occupancy change for a b uilding at 410 Hain Street, Fire Zone 1. Since there is a request for an occupancy change from group F2 to group Bl, I have, with the aid of Harry Anto, Fire Marshal, made a thorough inspection of the promisee. This Building was built in 1949 by the Eagles Lodge. It is in excellent condition and meets all requirements of the Uniform Building Code with the two exceptions listed below: 1. We found no ventilation in either rest room. 2. The three exit lights are not wired in properly, they could be turned off accidentally. The lessee agrees to correct these items before opening for business. Respectfully, Harney Ooul Building Official /S/ H. R. Minto Fire Marshal At the request of Councilman Smith, sub- paragraph K in Chapter 7, Title 6 of the City We was as follower (K) Certificate of Occupancy and Compliance Required: No building hereafter erected or altered shall be occupied, used or changed in use or occupancy until a certificate of occupancy and 'compliance shall have been issued by the Building Inspector, stating that the building or proposed use of a building or premises complies with all the building and health lams and regulations and with the provisions of this Title. No premises shall be used or occupied or changed in the use of occupancy until a certificate of occupancy shall have been issued by the Building Inspector, stating that the proposed use of the premises complies with this Title and the provisions of this Code relating thereto. Before issuing such certificate the Building Inspector may, if he so desires, submit the application and all papers connected therewith to the Board of Adjustment or may submit the same directly to the Council of the City. The following sub- sections of the same Title and Chapter were referred to by the City Attorneys (Q) Amusement Salts, Dance Halls, Community Buildings, Assembly Halla, and Auditoriums, Requirements for Erections No amusement hall, dance hall, community building, assembly hall or auditorium shall be erected within any of the zones of the City unless they comply with all of the provis- ions of the Zoning Regulations of the City with respect to such places and in addition thereto shall file a petition, signed by seventy -five per cent (75 %) in area and in number of owners of all property within a radius of three hundred feet (300 of any part of the grounds surrounding such building or place, with the Building Inspector together with an application for a special permit with the same fees and a hearing before the Board of Adjustment as in oases of special permits for buildings for occupation under this Title. (C) Building in Use When Law Effective; A building devoted to a nonconforming use at the time of the passage of this Title may not be reconstructed or structurally altered during any ten (10) year period, to an extent exceeding in aggregate coat of fifty per cent (50 %) of the value at which the building is assessed, unless the building is changed to a conforming use. A nonconforming use may not be changed unless changed to a higher use. Except as otherwise provided, nothing in this Title shall require the change of any building now constructed. City Attorney Dean Miller then stated that this was a border line case with consent being required to construct amusement halls, dance halls, stc., which would indicate that this was a lower use than some other things - then, if a building use could not be changed unless it was changed to a higher use, this building was used primarily for an office center and instructional building for the Army Reserve for a number of years and now was to be changed to a night club. Councilman Smith stated that the way the Code read, it was a pretty far reaching thing and who was going to Judge which waa a higher or lower use. City Attorney Miller replied that the Code indicated that dance halls and that sort of thing were a lower use than others because they require consent for their erections. The prior use of the building as a dance hall was mentioned and that the building was being re- decorated rather than remodeled. The City Attorney also mentioned an additional problem where the Code required a $5.00 fee for a public dance and that this was obviously being evaded by making it a membership type situation; that he thought the City had the right to know whether it was a true fact that it was a membership thing or whether it wasn't. The City Attorney read from the Code that Section requiring dance permits in that the provisions of the Chapter would not apply to dances sponsored or conducted by religious, fraternal or charitable organisations when the attendance at said dance was limited and restricted to members of such organization. Councilman Smith stated that it seemed to him that the Council was drawing an awful fine line and the City Attorney stated that was the reason he had advised the Building Inspector to bring it before the Council because it was a fine line and he didn't feel that the Building Inspector should take the reaponsi- bility In deciding it. At the request of Acting Mayor Vassar, the Chief of Police, Charles Astleford reported that the Building Inspector and he had contacted Mr. Hobert White who was remodeling the building at 420 Main Street for a teenage night club on a technicality which was noted in the City Coda. He said that it was his observation that Mr. White had done a very good ,job to provide a good establishment for teenagers to attend a teenage night club which included a band stand, dance floor, overstuffed booths, bar and the rest of the floor was carpeted; that this night club would be a credit to any of the night clubs in the City of Caldwell. He continued by saying that a night club as defined by Webster was a commercial establishment operating at nights to provide food and entertainment to its customers; that a night club in the minds of the populace today refered to a dimly lighted establishment which offered for sale some type of alcoholic beverages or Deer with a dance floor; that it was his understanding that this Club would offer soft drinks and entertain - ment which would be mostly dancing with drinks served in glasses and that it was his further understanding Ghat admission to the night club would be by membership only and for teenagers without adult participation. is stated further that the location of the night club did not supply adequate parking for this type of )peration without teenagers parking with customers who attend the night club in the area where alcoholic )averages were sold and it would be almost impossible for the management of the club, without personally ihecking each person in attendancq from sneaking in some type of alcoholic beverage or beer that is found in he night club as referred to today which can be done by perfume bottles, hand lotion bottles taped to their or underneath their belts. Mr. Astleford then stated that he did not feel that this was the type of teenage club that should be operated in the City of Caldwell which would encourage the teenagers, as a group, to go out night clubing every night, however, it was his understanding that they had been of some success in some parts of the Country and if the operation was allowed, it should not be advertised as a teenage night club, as such, as it tended to indicate that it would be open to all teenagers who wanted to attend when it was for members only. Councilmen Smith stated that they sneaked whiskey into everyplace in town and he didn't think that was an argument against anything because the kids do get it and they got it everywhere; that you couldn't bar a private enterprise system or stop a man from doing business unless there was something illegal against Mr. Brauner then submitted the following letter from the Boise Police Department to indicate what experience had been with the Club there= July 8, 1963 To Whom It May Concern The teen -age dance club known as the Crazy Bores Club has been in operation in Boise city for two months. We have kept a close check on this operation and as yet have received no reports of any illegal activities having been carried on there. The operators seem to be trying to run a well - supervised establishment, and I feel that this is what has contributed to their success. /S/ Very truly yours, Jack Barney Chief of Police Councilman Smith spoke on the need for a place of this kind as well as for impartial fairness. Councilman Iuby inquired as to whether people in the 25 to 28 year ages would be allowed to attend Club and Mr. White said they wouldn't; that the age limit would be under 21 and no one under 16 years of age would be admitted. In answer to the question by Councilman Martin, the City Attorney stated that the question which had to be decided was whether the Council felt that the night club was a non - conforming use which would be a lesser use than the prior occupancy of the premises. Councilman Iuby stated that he was concerned about the age group and he wondered how they were going to be sorted out. Mrs. White stated that they would have to show their I.D. Card. The membership in the Club was discussed with Mr. White expla that the Cards would be numbers in consecutive order and good for one year; that anyone starting trouble would be deprived of their card and they wouldn't be able to obtain a Card again. The proceedure for membership at MaGarvins was referred to and the proosedure for obtaining meeber ship in this Club when the City Attorney stated that in order for them to have dances, they were either goin to have to get a dance permit or be exempt from it as a membership club and to be exempt as a membership alu e Chief of Police and the Council were going to have to be satisfied that that was what it was. He stated Cher that this was going to increase considerably the burden upon the Police Department and if it was run roperly so that these problems were at a minimum it would be fine and if not and they violated the law, th uld have to be shut down. The hours of operation were discussed when Mr. White stated that they planned to remain open until aid-night on week days and probably until ltc0 P.M. on week ends. Mr. Astleford pointed out the possible con- action with the curfew law and stated that a part of the problems now was the fact that other towns were an orcing the curfew with teenagers then coming to Caldwell Councilman Davenport stated that a few months ago when the other Recreation Canter was proposed, he ought that moat of the parents of Caldwell and the School officials were glad to see it and he felt it was 6 a wonderful thing but since he had heard a little about this teenage night club, he had talked to different parents as he had done before and maw were absolutely opposed to a night club teenage setup and he thought it was more the name than anything. In answer to Acting Mayor Vassar, the City Attorney stated that it was a question of whether the Council should authorise the Building Inspector to issue a Certificate of Occupancy and to determine this they had to resort to the Code; that frankly, he thought it should be interpreted liberally and this would be to say that probably this does constitute a qualified occupancy for the building - that is, for the purpose of people congregating and being entertained - but as to the private club aspect of it, this would come under the dance permit situation and was mother thing. It was then moved by Councilman smith, seconded by Councilman Luby that a Certificate of Occupancy be approved for the premises at 420 Main Street as a teenage club. A roll call vote was called for when the following Councilman voted in the affirmative: Luby, Davenport, Martin, and Smith. Negatives none Absent and not voting: Shorb. Acting Mayor Vassar declared that the motion had carried. Applications presented for Bartender Permits Applications were than presented from Winona A. Coyl and lee Newman for Bartender Permits with each application being approved by the Police Department and accompanied by a receipt for the required fee of $2.50. I It was moved by Councilman Luby, seconded by Councilman smith that the applications be approved an( that Permits be issued. A vote was taken and the motion unanimously carried. Agreement on water service with Mr. Bob Nioholes reported Acting Mayor Vassar reported to the Council that Mr. Bob Nicholas had agreed to enter into an agreement with the City to pay $1,00.00 for the cost of obta water at his bulk plant as determined by the Council at their meeting on June 27, 1963 but had requested that he not be required to pay the total amount in one payment. Acting Mayor Vassar explained that arrangements had been made for Mr. Nicholas to pad $200.00 monthly over a five month period until the amount of $1,000.00 had been paid and this was agreed to as being a satisfactory arrangement by the Council. There being no further business to come before the Council, it was moved by Cmnrcilman Smith, seconded by Councilman luby that the meeting recess until Monday, July 15th at 8:00 P.M. A vote was taken and the motion unanimously carried. The meeting recessed at 9:30 P.M. Acting or COUNCIL CHAMBERS JULY 15, 1963 8:00 P. )L The Council met pursuant to recess and acknowledgement of notice in the following form: We, the undersigned Acting Mayor and Members of the City Council of the City of Caldwell. Idaho, do each hereby acknowledge notice of a Recessed Mseting 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 BrOO p.m., on the 15th day of July, 1963 for the transaction of all business in connection with the following objectr New and unfinished business. witness our signatures this 15th day of July, 1963. Fmayor Ccanoilman �� 1 lalGllmen f, l `(q ■ i, :