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HomeMy WebLinkAbout1964-07-27city council miutes277 Total Special Fund Supplies - Mid July, 1964 25*622e30 EXPENDITURES BY FUNDS SUPPLIES WATER & SEWER SPECIAL FONDS 3UPPLIE54 (Continued) 3,729.60 NO. NAIL N PURPOSE AMOUNT 0M1 To ilingr l Parts Compaq -032 29.17 602 Service Parta Company 60 - 032 265.66 603 Union Oil Go. of California 60 -032 18.69 604 Western Bearings, Inc. 60 -032 126.71 605 Idaho Department of Health 75-032 53.38 606 Westeott Service 75 -032 2.00 607 Alta E. Williams, City Treasurer 90 -032 4.00 608 Caldwell Auto Supply 90 -032 1.34 609 Idaho Power Company 90 -032 47.73 610 Service Parts Company 90 -032 8.87 611 Motor Inn Tire Shop 90 -032 19.23 612 City Delivery Service 55 -32 2.50 613 Gem State Testing Lab. 55 -32 14.00 614 J. W. Copeland Y4rds, Eno. 55 -3 6.16 615 Service Parts Company 55 -32 55.2 616 Simpson Blacksmith Shop 55 -32 7.40 617 Weatcott Oil Corporation 55 -32 10.08 Total Special Fund Supplies - Mid July, 1964 25*622e30 EXPENDITURES BY FUNDS SUPPLIES WATER & SEWER -032 :i3�ea 3,729.60 WATER & SEWER 30 -033 capital 52.71 TREATMENT PLANT 31 -032 Supplies 29.17 WATER (GENERAL OFFICE) 32 -032 Supplies 29.00 FIRE 45 - 032 ° 67,58 CEMETERY 50 -032 ° 83.48 STREET 60 -032 ° 3,139.15 SANITATION 75-032 ° 55.38 IRRIGATION 90 -032 ° 81.17 L.I.D. //55 96 -202 INtirun Financing 22,100.00 L.I.D. #55 55 -32 Supplies 95.31h Total Water & Sewer and Other Special Fund Supplies for Mid July, 1964 29,462.58 There being no further business to come before the Council, it was moved by Councilman Davenport, seconded by Councilman Keys that the meeting adjourn. A vote was taken and the motion unanimously carried. The meeting adjourned at 9:10 P. M. 21 i y r COUNCIL CHAMBERS JULY 27, 1964 4:00 P. M. The Council met pursuant to call and acknowledgement of notice in the following form: We, the undersigned Mayor and Members of the City Council of the City of Caldwell, Idaho, do each hereby acknowledge notice of a Special 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 4:00 P. M., on the 27th day of July, 1964, for the transaction of all business in connection with the proposed re- zoning of "All of Lots 13.thru 24 of Block 62, all of hots 1 thru 12 of Block 64; and all of Lots 13 tbrn 24 of Block 65 of Dever'a Addition and in connection with the issuance of a Permit for the erection of a sign at said location. Witness our signatures this 27th day of July, 1964. Upon Roll Call, the following Councilmen answered prevent: E. L. Vassar, Max Lmby, V. Jay Martin, Charles W. Carpenter, and C. A. Davenport. Absent: James W. "Bill" Keys. Also in attendance for the meeting was Mr. Bob Bushnell. Mayor Smith announced that the City Attorney would be present to explain the legal position of the 278 City in a situation which had developed with regards to the property described as "all of Tote 13 thru 24 of Black 62' all of Lots 1 thrc 12 of Block 64; and all of Lots 13 thru 24 of Block 65 of Deverta Addition" which the Council had given tentative approval to rezoning and said that, without proper authority, the City Building Inspector had issued a permit to construct a sign on the premise that the area would be re- zoned. In answer to the question, Mayor Smith explained the statement regarding the issuance of the perms in that the Board of Adjustment had authorised it but that they had not followed the legal proceedure of advertising and of holding a public hearing. Mayor Smith further stated that two of the people in the Block where Mr. Bob Bushnell bad started to build the sign bad indicated that they were going to take legal action. He said that the sip, in a Residential Zone, was not legal under the City Code and he thought the City had some liability in that they had issued a Permit and that there was new a question of deciding in the Council what their proceedane was going to be as the City was up against a legal action. City Attorney-Wm. F. Oigray, Jr. entered the meeting and explained to the Council that, in the first instance, the area under discussion had not been rezoned and, secondly, before it was rezoned, a public hearing must be had and that if 20% of the people in the area affected, or within 300 feet of it, appeared and protested the change, then the Council must pass the Ordinance by a three fourths vote of the Council. He stated that, of course, he didn't know if the area was going to be rezoned or not but that Councilman Martin and Councilman Davenport bad voted against the recommendation of the Zoning Commission and if a sufficient number of people were to protest the rezoning and if these two Councilmen didatt vote in support of the change, it would not carry and the area would still be an sAB" Residential Zone. He than recited Sections 5404 and 5405 of the Idaho Code. He explained the notice of hearing to be published and stated that persons affected had fifteen (15) days to protests that the Zoning Commission did not set out what the Zones were but recommended to the Council only - the Zoning was established by the City Council by appropriate Ordinance. He continued by pointing out that Mr. Bob Bushnell had abided by everything he knew to be right➢ that he had made application for a special permit and the permit was recommended by the Zoning Commission and the Building Official had issued the Permit afterwhich Mr. Bushnell, relying upon the permit isened by the City, started the construction of the sign which in turn brought about certain people who were not in favor of what was being done bore and they had gone to another Attorney to find out what the situatim was and had come and talked to the Mayor. He stated that what he was saying at this point was that if the Council was going to vote the change in the Zone, then there was no problem, but, if the Council was not going to make the change in the zone, he didn't know what Mr. Bushnell *a damages were or how they might be recoverable but he would assume that if he were forced to take down hie sign, he would have aome sort of a claim against the City for the expensaa he had been put to. The City Attorney further stated that, when the matter had first come to big attention, he had called Mr. Bushnell on the telephone to advise him of what had come about and this being the circumstance, he thought that it would be in order for the Council to hear what the problem actually waa. Councilman Why referred to the commeroial businesses in the area and spoke in favor of rezoning the area to Commercial for reasons of progress. Councilman Martin stated that he did not wish to commit himself until it was determined whether or not there were Protestants to the rezoning and that he thought the final judgement should be made upon the basis of the merits of the proposal and with consideration for the protests, if there were arty, and not on the basis of how much it might cost the City. Councilman Davenport stated that he felt pretty much the same way; that he had voted hie convict- ions the last time without any protests from any of the property ownere, or those adjacent, and if there we going to be some, he would like to know how many and who they were before he would change his vote. Councilman Vassar spoke for the rezoning of the area and stated that he would be in favor of pro- ceeding to the public hearing. 279 As a matter of further explanation, City Attorney Wm. P. Gigray, Jr. reviewed the happenings relative to the present situation in that a request was made on the basis of a petition to the Building Inspector which was presented to the Zoning Commission for its consideration and recommendation to either leave the area as "AB" Residential or rezone it as "CD" Commercial and the Zoning Board had made its recom- mendation to rezone. This recommendation had been brought by the Building Inspector to the Council at which time the Council voted as to whether they wanted to proceed legally to follow out their recommendation. He said, however, that the legal proceedings to change the tons were not completed when the Beard of Adjustment while considering this, directed the Building Inspector to issue the Permit to Mr. Bushnell, which he did, but as far as the authority to issue the permit was converted, the Board of Adjustment did not have any authority to make such an order nor was the Building Inspector given any authority to issue the Permit. The progress of the construction was reviewed with it appearing that the placing of the sign was almost completed at the present time. After some further discussion, it was moved by Councilman Martin, seconded by Councilman Carpenter that the City proceed with the statutory steps for rezoning the area and that the question of the Permit and any responsibility thereto be resolved at that time. A vote was taken and the motion appeared to have unanimously paused. It was moved by Counci Davenport, seconded by Councilman Carpenter that the meeting adjourn. A vote was taken and the motion unanimo carried. The meeting adjourned at 5:10 P. M. COUNCIL CHAMBERS AUGUST 3, 1964 BOO P. M. The repular monthly meeting of the City Council met in the Council Chambers of the City Hall, with Mayor N. E. "Coley" Smith presiding. Upon Roll Call, the following Councilmen answered presents E. L. Vassar, Max Luby, Jame W. "Bill %eys, V. Jay Martin, Charles W. Carpenter, and C. A. Davenport. Absents none Certificate presented - Glen D. Hollis The first order of business was a presentation by Mayor Smith to Glen D. Hollis on behalf of the Idaho Municipal League and the University of Idaho for the successful completion of a course of study. Mayo, Smith presented to Mr. Hollis a Class IV Certificate as a Sewage Works operator and conveyed to Mr. Hollis his congratulations and those of the City Council. Resolution No. 16 The matter of rezoning all of Leta 13 thra 24 of Block 621 all of ]note 1 tbra 12 of Block 641 and all of Lots 13 thru 24 of Block 65 of Dever's Addition was referred to when Mayor Smith reported for the information of the Council that two of the original signers of the petition to the Building Inspector for ra zoning the area had been withdrawn and that they had signed a new petition protesting the change in zoning. Mayor Smith further stated that there were a total of 104 Lots out of the 36 Lots with signatures on a petition requesting that the area not be rezoned. Councilman Vassar then sponsored and moved the passage of the following Resolutions RESOLUTION No. 16 BY COUNCILMAN VASSAR WHEREAS, a petition by a majority of the property owners residing in the hereinafter described portion of the City of Caldwell have petitioned the Board of Adjustment that the zoning of said area be changed from "AB" Residence Zone to "CD" Commercial Zone and said petition having been approved by the Board of Adjustment of the City of Caldwell, and