HomeMy WebLinkAbout1965-08-02city council minutes480
COUNCIL CHAMBERS
AUGUST 2, 1965
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 Roll Gall, the following Councilmen answered present: E. L. Vassar, Max Luby, James W. "Bill"
Keys, V. Jay Martin, Charles W. Carpenter, and C. A. Davenport.
Request for variance in trailerhouse ordinance granted
Mr. Edward Shaw was recognized and said he was representing Harold Shaw and his mother. He said he
was sure the Council was aware of the family circumstances and that he would like to request a variance in
the trailer ordinance so that his mother could set a trailer at KBON, next to the station on a temporary
basis, so that she could care for his father as well as look after the business there and for which she was
responsible. He said they understood that they would have to comply with the building and plumbing code.
In answer to the question, Mr. Shaw said they would like to request permission for this for at
least a six months period and at the end of this time, that it might be reviewed.
It was moved by Councilman Martin, seconded by Councilman Keys, that the variance be granted for a
period of six months, subject to review at the and of that time. A vote was taken and the motion carried.
Request for City to dead right -of -way to be studied
Mr. Louis Griffith and Mr. Bowen were next recognized when Mr. Griffith addressed the Council and
said that Mr. Bowen had purchased a piece of land from Mr. Walter Griffith in years past and didn't know
about a right -of -way for a road; that his house was built right where the road would go and they would like
to have it vacated or deeded back to the owners.
Mayor Smith commented in that there was a right -of -way for a road given to the State of Idaho and
that this had since been deeded to the City.
The location of the property was reviewed afterwhich Mayor Smith pointed out an existing problem
in that this was an area where the City must develop another well site and the City might need the property
as trading stock.
City Engineer Mel Lewis reported some previous plans for extending Arthur Street or possibly Blaine
Street and said that there had been some other developments in the area since that time with the possibility
of a request for right -of -way in two locations there.
Mayor Smith then informed Mr. Griffith and Mr. Bowen that it appeared the City wouldn't be able to
give then an answer on this without some further study and without talking with the City Planning Commission
but that they would let them know as soon as they could.
Request for variance granted - Plat of Jay Addition
Mr, William A. Borman addressed the Council concerning the Plat of Jay Addition and said that they
had had a verbal committment from their two neighbors to dead a piece of property on Arizona Avenue to connec
in with Jay Lane as it appears on the Plat but that the neighbors had decided that it would be against their
better judgement to deed this land.
Mr. Norman then said that they would like some consideration from the Council for permitting a
ouldesac on Jay Lane to terminate approximately 100 feet beyond the limits as set forth in the Subdivision
I Ordinance.
City Engineer Mel Lewis offered one stipulation from his office in that there would need to be pro•
ided a drainage easement for use in the event of future development such as curb, gutter, and oiling.
After discussion of the matter, it was agreed that the previous approval by the City of the Plat of
Jay Addition must be rescinded and it was moved by Councilman Vassar, seconded by Councilman Luby, that the
request for a variance be granted. A vote was taken and the motion carried. It was agreed, however, that
the Plat should be re -drawn and again presented for final approval.
Resignation from Police Department accepted - John H. Benway
The following letter of resignation was read for the consideration of the Councils
July 26, 1965
Charles W. Astleford
Chief of Police
Caldwell Police Department
Caldwell, Idaho
Dear Chief Astleford:
48 1
I regret that I must end my employment with the City of Caldwell, Police Department
to become effective August 6, 1965. I have accepted a position with the Astoria, Oregon
Police Department. This job offers higher pay and a 40- hour - work -week with overtims
compensation and mandatory college attendance.
My employment with the Caldwell Police Department has been very pleasant and the
associations with the other officers have been rewarding.
I have received valuable assistance and training from the Chief and fellow officers
of this department for which I an deeply grateful.
Respectfully submitted,
/S/
John H. Benway
Tor The Honorable Mayor and City Council
From: The Office of the Chief of Police
Recommend approval.
/S/
Charles W. Astleford
Chief of Police
It was moved by Councilman Davenport, seconded by Councilman Carpenter that the resignation of
John H. Benway from the Police Department be accepted. A vote was taken and the motion carried.
Promotion of Ernest F. Mason approved
The following letter was read for the consideration of the Council:
August 2, 1965
To: The Honorable Mayor and City Council
From: The Office of the Chief of Police
Subject: Promotion
Gentlemen:
Your approval is requested for the promotion of Ernest F. Mason from Patrolman to the
rank of Sergeant, effective 1 August 1965.
Ernie Mason has been with the Police Department since April 18, 1962 and has acted in
the capacity as the Desk Sergeant since that time. He is well qualified to become a
sergeant, and has demonstrated the ability to lead men. The officers that have worked
with him have complete confidence in the advice they have received.
A vacancy does exist for the promotion of this man, he is next in line for promotion
and I know he is a credit to the Police Department and the City of Caldwell.
Respectfully,
Charles W. Astleford
Chief of Police
It was moved by Councilman Vassar, seconded by Councilman Martin, that the request for the gro-
in of Ernest F. Mason from Patrolman to the rank of Sergeant, effective 1 August 1965, be approved. A
was taken and the motion Carried.
ily report of Police Department
A report from the Police Department of activities for the month of July, 1965, was read and ordered
d on file.
, t of termination of employment of probationary fireman
Mayor Smith reported to the Council the termination of employment for Donald Heal Luohtenburg, a
�tionary Fireman appointed January 18, 1965 with employment terminated on July 20, 1965.
ist for appointment approved - James T. Hanks
The following letter was presented to the Council for their consideration:
Fire Commissioners, Mayor and Council.
City of Caldwell, Idaho.
Dear Sira:
I would like to recommend that James T. Hanks be appointed as a member of the Caldwell Fire
Department for a probationary period of six months. If at the and of the six month period
his work proves satisfactory, I also recommend that this appointment become a permanent one.
This appointment should be retro- active to the 20th of July 1965.
482
Mr. Banks is twenty -six years old, is married, has one child and he and his family reside
at 608 Grant Street, Caldwell, Idaho.
Respectfully submitted,
/s/
W. A. Paddock, Fire Chief.
It was moved by Councilman Carpenter, seconded by Councilman Vassar, that the appointment of James
T. Banks as a member of the Fire Department for a probationery period of six months be approved. A vote was
taken and the motion carried.
Report on investigation concerning changing the name of Carnegie Public Library
The following report was given the Council concerning the changing of the name of the Carnegie
Public Library:
March 28, 1910 Minutes
"Communication from Andrew Carnegie relative to Public Library Building asking that
the City pledge a certain amount to support of the public library. It was decided that
the City pledge a 2 mill levy." (Minute Book 3 - Page 65)
February 19, 1212 Minutes
"Voted, on motion of Walker that the City of Caldwell guarantee the aim of $1500
yearly for the support of a Carnegie Library (Minute Book 3 - Page 256)
April 15, 1912 Minutes
uA report by the library committee was presented and considered and, on motion by
Bardsley, the committee was directed to make reply to the Carnegie Board and to
investigate sites, and report promptly." (Minute Book 3 - Page 281)
May 6, 1912 Minutes
°The library committee recommended that the city purchase the four lots at the
corner of Eleventh and Cleveland for the site of the Carnegie library building."
(Minute Book 3 - Page 284)
September 2, 1912 Minutes
"The contract between the City of Caldwell, owner, and Goo. W. Williams, contractor,
for the furnishing of the material and constructing the building, known as the Carnegie
Library, was read, and a motion was made by Adams, that the proper officers be instructed
to sign the contract on behalf of the city." (Minute Book 3 - Page 308)
Also examined was Warranty Deed No. 14 dated July 17th, 1912 between Samuel M. Skelton and Ella L.
Skelton, his wife - and the City of Caldwell to Lots 21, 22, 23 and 24 of Block 24 in Dorman's Addition. No
provisions or restrictions concerning the name of the Library had been found to be a part of this conveyance.
It was agreed that some further checking would be done before taking further action.
Resolution No. 14
The following Resolution was sponsored by Councilman Martin and he moved its passage:
RESOLUTION NO. _14
BY COUNCILMAN MARTIN
A RESOLUTION AUTHORIZING AND DIRECTING STERLING CODIFIERS, INC. TO CHANGE AND CORRECT SECTION 3 -3 -25 OF
CHAPTER 3, TITLE III OF THE CITY CODE OF CALL1WELL IDAHO, CHANGING THE SEWER SERVICE CR:ARGE RATES AS PRESENT-
LY CONTAINED IN SAID CODE TO CONFORM TO SAID CHANGE RATES AS SET FORTH IN SECTION 1 OF ORDINANCE NO. 990 OF
THE CITY OF CALDWELL, IDAHO, HERETOFORE PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR ON MAY 18, 1962.
WHEREAS, the City Council of the City of Caldwell, Idaho by Ordinance No. 990 duly passed by the
Council and approved by the Mayor of the City of Caldwell on the 18th day of May, 1962, changing the sewer
service charge rates of the City of Caldwell as reflected in Section 3 -3 -25 of Chapter 3, Title III, of the
City Code of Caldwell, Idaho, and
WHEREAS, because said Ordinance did not refer to said Section 3 -3 -25 of Chapter 3, Title III of the
City Code of Caldwell, said change made by Ordinance No. 990 is not reflected in the City Code of the City of
Caldwell, and
WHEREAS, it is desirable that said change be so reflected in the City Code of the City of Caldwell,
NOW, THEREFORE, BE IT RESOLVED By the Mayor and Council of the City of Caldwell, Idaho:
Section 1. That Sterling Codifiera, Inc. of Weiser, Idaho, compilers of the City Code of Caldwell,
are hereby directed to change and correct Section 3 -3 -25 of Chapter 3, Title III of the City Code of
1, Idaho, in conformity to the provisions of Ordinance No. 990 of the City of Caldwell duly passed and
d by the Council and Mayor on the 18th day of May, 1962 whereby Section 3 -3 -25 shall read as follows:
"3 -3 -25: SAM SERVICE CHARGE RATES: There is hereby levied and imposed on all users of the City
483
sewer system, for use, maintenance, operation, extension and reconstruction of the Municipal sewage faciliti
consisting of interceptor sewer lines and sewage treatment plant charges per month established as followas
Sewer charges for buildings constructed for the use of dwellings, the sewer charge for each such
building shall be a monthly charge equal to 6O$ of the average charge made to such buildings for the months
of December, January, and February immediately preceeding. Provided, however, that the monthly water charge
for said months of December, January and February immediately preceding shall be reduced by 500. Where any
building was not receiving water and water service for such preceding three months, it shall be assumed that
the water bill for each of said preceding months would have been the minimum monthly charge then in affect.
For buildings constructed for use for commercial purposes, the sewer charge for each such building
shall be a monthly charge equal to 75% of the average charge made to such building for water and water servi
for the months of December, January, and February immediately preceding. For the purpose of determining the
sower service charge, the monthly water charge for December, January and February shall each be reduced by
500. The sewer service charge shall be 75% of the average water charge for December, January and February o'
each year after the above stated adjustment has been made. Where any building was not receiving water and
water service for such preceding three months, it shall be assumed that the water bill for each of said pre-
ceding months would have been the minimum charge then in effect.
For all structures not coming within either of the above classifications, including such atracture;
as those presently used by the Dairymen's Cooperative Creamery of Boise Valley and the Idaho Meat Packers,
and for structures to which water is supplied from sources other than the municipally owned water system,
sewer charges shall be fixed in such amounts as may be recommended by the city engineer and approved by the
City council.
Section 2. That the City Clerk is hereby inatructed following the passage of this resolution and
its approval by the Mayor, to send a copy of this resolution to Sterling Codifiers, Inc, at Weiser, Idaho,
and direct them to change and correct Section 3 -3 -25 in conformity with Ordinance No. 990 of the City of
Caldwell and this resolution.
The motion for passage of said Resolution was seconded by Councilman Keys. A roll call vote was
called for when the following Councilmen voted in the affirmative: Vassar, Luby, Keys, Martin, Carpenter,
and Davenport. Negative votes: none. Absent and not voting. none. Mayor Smith announced that Resolution
No. 14 had passed.
Bill No. 11 - Ordinance No. 1048
Councilman Vassar introduced Bill No. 11, entitled:
AN ORDINANCE AMENDING SECTION 1 -4 -1 OF CHAPTER 4, TITLE I OF THE CITY CODE OF CALDWELL, IDAHO, CHANGIN0
MAYOR'S TERM OF OFFICE FROM TWO TO FOUR YEARS IN COMPLIANCE WITH SECTION 50 -317 OF THE IDAHO CODE AS AM MED
BY THE 1965 LEGISLATORS, PROVIDING AN EFFECTIVE DATE FOR THIS ORDINANCE To TAKE EFFECT, AND REPEALING ALL
ORDINANCES IN CONFLICT THEREWITH.
which was read for the first time and the Council proceeded to consideration of 8111 No. 11. It was moved by
Councilman Vassar, seconded by Councilman Keys, that the rules requiring the reading of a Bill on three
separate days be suspended and that Bill No. 11 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: Vassar, Luby, Keys, Martin, Carpenter, and Davenport.
Negative votes: none. Absent and not voting: none. The Mayor declared the motion had passed by the
necessary three - fourths majority and directed the Clerk to reed Bill No. 11 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
Vassar, seconded by Councilman Keys, that Bill No. 11 pass. The Mayor directed the Clerk to call the roll on
the above motion which resulted as follows: Those voting in the affirmative were: Vassar, Luby, Keys,
Martin, Carpenter, and Davenport. Negative votes: none. Absent and not voting: none. Thereupon, the
Mayor declared Bill No. 11 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. 1048.
The Mayor directed the Clerk to make proper entry of the same and to cause Ordinance No. 1048 to
e published in the News- Tribune, official newspaper of the City of Caldwell, Idaho,
484
Trial postponed - Jim baysinger
The City Attorney, Wm. F. Gigray, Jr., informed the Council that the pending trial for Jim
Baysinger had again been postponed from August 4 at 10:00 a.m. to August 9 at 10:00 a-m.
Bids opened for purchase of 1966 Model pickup - Water Department
In accordance with the action of the Council at their meeting on July 6, 1965 (Minutes, Page 471),
the following bids for the purchase of one 1966 model Is ton pickup, less trade -in of one used 1959
Chevrolet pickup were opened for the consideration of the Council:
Garber Motor Company - Caldwell, Idaho
Total price of pickup ----------------------------- - - - - -- $ 2,2$4.00 (Subject to factory change]
l ess trade -in ----- ------------------------ -------------- 930.00
Bid price of one 1* ton pickup as per specifications - - -- 1,324.00
Delivery time required after awards "As quickly as available - cannot determine at this time.
Burns Chevrolet Co. - Caldwell, Idaho
Total price of pickup -------------- ------------- -- - - --- $ 2,621.50
Less trade -in --------- "------------- "--------- -- - --- -- 1,243.50
Bid price of one Li ton pickup as per specifications ----- 1,378.00 Difference
Delivery time required after sward: "Rec. of 1966 models"
Bob & Johns Inc. - Caldwell, Idaho
Total price of pickup --- -- ------ ----------- -- ------- - -- $ 2,179.75
Lose trade -in ---- -------------------------- -- -- --- ---- 734.00
Bid price of one % ton pickup as per sppecifications - - -- 1,445.75
Delivery time required after award: eke$ days"
The question of whether or not the bid submitted by Garber Motor Company was in fact a firm bid
was discussed by the Council afterwhich it was moved by Councilman Martin, seconded by Councilman Carpenter,
that the bid be awarded to Burns Chevrolet Co. at a cost of $1,378.00 in accordance with the bid specific-
ations. A vote was taken and the motion carried.
Report on National League of Cities Convention
Mayor Smith then gave a brief report concerning the National League of Cities Convention which he
had attended in Detroit and, in part, amid that, in his opinion, the National League of Cities was so
dominated by cities over ?g million in population that it was not as effective for small communities am it
should be and that he was beginning to believe that the League should be cut down into two parts with the
large cities being placed into one organisation. He said that the reason he said this was because the
large cities are now all dedicated to rebuilding themselves with the main topic being urban renewal which
didn't necessarily pertain to smaller communities althogh, at this Convention, there were a great many more
smaller communities in attendance. The Mayor further stated that all of the instructional people were
University professors and they had very few practical presentations although they had good presentations in
all fields of government.
Applications for Bartender Permits approved
Applications for Bartender Pemits from Hail C. Williams, Peter Buennan Decker, and Dallas C. Root
were presented for the consideration of the Council. Each application had been approved by the Chief of
Police and were accompanied by a receipt for the required fee.
It was moved by Councilman Martin, seconded by Councilman Davenport, that the applications be
approved as presented and that the Permits be issued. A vote was taken and the motion carried.
Local Improvement District for sewer to be approved
In the matter of a pending Local Improvement for a sewer, it was moved by Councilman Martin,
seconded by Councilman Vassar, that the Council would approve a Resolution to form a District subject to the
necessary signatures being obtained. A vote was taken and the motion carried.
Bills for end -July
It was moved by Councilman Martin, seconded by Councilman Vassar, that the warrants for claims and
payrolls be approved as per list and filed in the City Clark Ia Office. Such warrants being in the totals as
Follows:
Warrant Numbers 622 thra 652, General Fund: ----------------------------------- $ 1,948.43
Warrant Numbers 310 thru 318, Water & Sewer Fund; Water --------------- - - - - -- 1,978.96
Treatment Plant ----- - - - - -- 20.98
General Office ------- - - - - -- 200.00
Warrant Numbers 674 thru 697, Special Funds: Fire --------------- - - - - -- 28.20
Cemetery ------------- - - - - -- 129.01
Street -- -- ------- ---------- 254.19
Sanitation ----------- ---- -- 65.00
Sanitation Contract -- - - - - -- 5,667.45
L.1.D. #56 ---------- - - - - -- 9,537.89
Irrigation ----------- - - - - -- 33.40
Warrant Numbers 1052 thru 1145, except 1049, 1050 and 1051, General Fund
Payroll - July ------- - - - - -- 28,498.46
Warrant Numbers 1146 thru 1211, inc. 1050 and 1051, Special Fund Payroll- July- 16,146.00
Warrant Numbers 1212 thru 1235, inc 1049, Water & Bawer Fund Payroll - July -- 6 284.0
12
$ 70,11.00
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A vote was taken and the motion unanimously carried.
There being no further business to come before the Council; it was moved by Councilman Keys,
seconded by Councilmen Martin, that the meeding recess to 8:00 P.M. on August 16, 1965. A vote was taken
and the motion carried. The meeting recessed at 9x30 P.M.
city upriv
COUNNCIL CHAMBERS
AUGUST 16, 196
8:00 P. M.
We, the undersigned Mayor and Members of the City Council of the City of Caldwell, Idaho, do hereby acknow-
ledge notice of a Recessed Meeting of the said City Council to be held in the Council Chambers in City Hall
in the City of Caldwell, Idaho, at the hour of 8:00 P. M., on the 16th day of August, 1965, for the trans-
action of all business in connection with the following object: New and unfinished business.
Witness our signatures this 16th day of August, 1965.
Mayor H. E. 'Coleys Smith providing.
Upon Roll Call, the following Councilmen answered present: H. L. Vassar, Max Luby, James W. "Bill'
Keys, Charles W. Carpenter, and C. A. Davenport. Absent: V. Jay Martin.
Complaint made on odors
Mrs. A. M. Braun living at 210 N. Ninth addressed the Council concerning the odors in Caldwell
and said they had noticed an odor from the alley in the last three or four days; that she didn't know if it
came from the irrigation water or not but it welled like cantalope. She also said that a neighbor to the
west of them had told her that last week when they turned on their valve, she pulled a chicken lag out of
the valve - also a woman across the way said that their daughter couldn't get their irrigation water to come
on, had called her father, and he pulled out a great big sack of yellow substance that would just have
knocked you cold so she was wondering if the Council might know about this in the irrigation water. She
added that they and their neighbors were careful about keeping the garbage cans clean but that something
around there just smelled horrid and particularly so during the hot weather.
Mayor Smith informed Mrs. Braun that they knew something about the wells but not about anything
in the irrigation water. He explained the difficulties of the last 30 daps with the smells and that the
City had the State Health Department and the City Sanitation Officer taking air samples all over town now
and that they were having a number of areas cleaned up; that they were not pointing a finger at any one
Industry but it was thought they would be able to cure the odors in the next couple of months. He said that
he had had acme of the executives in from one of the worst offenders and they were doing everything they
knew how to do but that science didn't know how to completely cure it and the air samples were being taken
with the hope of putting some chemicals in to sweeten the sour smell. The Mayor assured Mrs. Braun that the
City was doing everything they knew to do and that the City Sanitarian would investigate conditions in the
area where she resided.
Ordinance authorised on Courtesy Benches
Mayor Smith recognised Mr. Lee Hopkins and Mr. Gene Youngberg representing Courtesy Benchs, Inc. a
Boise who were present to request authorization for placing and maintaining benches on the sidewalks in the
business district of Caldwell. Mr. Hopkins and Mr. Youngberg had purchased the business from the owners who
had previously applied for a license to do business in Caldwell on May 7 1962 with their application being