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HomeMy WebLinkAbout1970-08-17city council minutes371 Warrant Numbers 587 thru 623 General Fund: ---------------------------------- - ----- $ 4,761.20 Warrant Numbers 328 thru 342, Water & Sewer Fund: Water----------------------- - - - --- 1,051.54 Water, Ca- ital ----------------- — 204.22 Water, Capital Improvement-- -- - - -- 1,353.05 Treatment Plant---------- - - - - -- 7.20 Treatment Plant, Capital---- - - - --- 425.24 General Office-------------- - - - - -- 332.34 Warrant Numbers 620 thru 659, Special Funds. Fire ------------ --- -------------- 457.95 Cemetery------- - - - - -- - - - - -- 404.02 Street Capital------------- --- - -- 1,935.84 Street ---------------- ------ - - - - -- 1,095.46 Sanitation Contract-------- -- - - -- 7,211.18 Armory ----- ----- ---- --- ----- -- ---- 120.00 Irrigation n ------------- e--- - - - - -- 644.17 L.I.D. # 66--------------- --- - -- 17,726.01 Registered Warrants--------- - - - - -- ll 000.00 $ ,729. 2 Warrant Numbers 1124 thru 1234, (excepting # 1126 and #1127) General Fund payroll, July 43,509.27 Warrant Numbers 1125 thru 1304 (including # 1126 and #1127) Special Fund payroll, July 21,239.11 Warrant Numbers 1305 thru 1332, Water & Sewer Funds Payroll, July ------------------ -- -$ 8,928.93 r •• A.vote was taken and the motion carried. It was moved by Councilman Mcrluskey, seconded by Councilman Dakan, that the meeting recess until 8:00 P.M. on the 17th day of August, 1970. A vote was taken and the motion carried. The meeting recessed at 11:10 P.M. 4z� Mayor City Cleric COUNCIL CHAMBERS AUGUST 17, 1970 8:00 F.M. The Council met pursuant to recess and acknowledgement of notice in the following forma We, the undersigned Mayor and Members of the City Council of the City of Caldwell, Idaho, do 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 17th day of August, 1970, for the transaction of all business in connection with the following object: New and unfinished business;. Witness our signatures this 17th day of August, 1970: I- � Mayor Councilman Mayor Charles W. Carpenter presiding, Upon Roll Call, the following Councilmen answered present: Charles C. Banks, Alfred H. McCluakey, James .1. "Bill" Keys, V. Jay Martin and C. A. "Chet" Davenport. Absent: James R. Dakan. Mr. Al Bates was recognized and he told the Mayor and Council that he would like a variance from the ordinance for building a fence at his residence at 3304 Iowa. He said he wanted to build a fence six feet high around his beck yard and he understood there was a little problem with going up too close to the curb on the Spruce Street side; that this was in the back yard with no driveways or alleyways there but he understood that the right -of -way came seventeen feet inside the curb and he would like to put most of this inside the fence so he could take care of it; that, if it was on the outside of the fence, it was going to be kind of a mess for somebody; for him or for somebody else. In answer to the question, the City Building Inspector said that he had looked at this property this morning and he corrected the distance as stated in that the right -of -way was thirteen feet inside the curb. He said it was a wide yard and the other house back of this property was facing College Avenue; that Mr. Hates wanted to place the fence about four feet inside the curb. Mr. Bates corrected this in that he would like to put the fence about two and one -half feet inside the curb and kill the grass on the curb side so there would be no weed problem and mowing problem, 372 ew. lie said it would be a solid board fence of cedar lumber on four by four posts set in concrete; that eventually they wanted to put in a swimming pool and he understood there was a ruling on a six foot fence for a Swimming pool and this was what he had in mind so they wouldn't have to build the fence over again. In answer to the question as to whether his neighbors would object to this, Mr. Bates said that they wouldn' that, in fact, they were going in with him in the cost of the fence; that his neighbor Mr. Ben Miller, on the College side, was also going in with him on the coat of that portion of the fence. He said the fence would be 75 feet back from the corner. At the request of Councilman Martin, the Building Inspector sketched the property on the blackboar and the proposed location of the fence and stated that the problem here was the locating of the fence on street right -of -way. A discussion followed on the possibility of nutting in sidewalks at a later date and also the allowable heights of fences. It was pointed out that should bhe City need the right -o£ -way at a later date, the fence would have to be moved at Mr. Bates own expense and the extension of fences in these situations had sometimes caused the Council hours of anguish. At the request of Councilman Martin, sections of the Code identified as 6 -7 -2 and 6 -3 -3 - Sub - Section "C" were referred to and disonssed. City Engineer Mel Lewis told the Council that he didn't know if there was anything in the Code or not but where fences were on right -of -way, they had required that they be limited to four feet in height. He said he thought a six foot fence would be a structure and would need a special penmit;that he couldn't see any difficulties with it in this particular instance although they might be challenged later as to why the fence was there. After some further discussion, Councilman Martin stated that the only basis for the request was a matter of convenience so Mr. Bates could get all his lawn inside the fence. He then moved that the reques for variance be denied. The motion was seconded by Councilman Davenport, Councilman McCloskey stated that he couldn't vote on something that he knew nothing about and that he would have to see the property and actually see the situation before he could make a decision. Councilman Banks stated that he felt a little like Councilman McCloakey in that he didn't understand the situation there exactly; that he couldn't see the situation across the street. Councilman Keys stated that the question, as brought out by Councilman Martin, was either of upholding the ordinance or not really; that he knew there had been many forces built under this same ordinance that had set back and when they opened the gates on something like this as a precedent, everybody wanted to put their fences out in the street right -of -way and it made it pretty difficult to ;judge as to who could and who couldn't. The question was then called for and a vote taken with Councilman Keys, Martin and Davenport votiL4 in the affirmative. Councilman Banks and McCluskey abstained. Mayor Carpenter declared that the motion had carried. Mr. Bates then inquired if he could build a six foot fence on his property line thirteen feet in from the curb. He was told that he could as long as he didn't get closer than seventy -two feet from the front of his property. Application for Beer License to be presented - Jovial D. Kitchen Juvial D. Kitchen addressed the Mayor and Council and said she was making an application for a beer license; that she had talked to the building owner and he was to mail her his letter of consent on Saturday; that she had waited until 5:10 this evening until the last mail had come in and she hadn't re- ceived it yet. In answer to the question, she said she was taking over the operation of Roy's Sport Shop and wanted to apply for a license. Mayor Carpenter informed Juvial Kitchen that the City would need a copy of the lease or an affidavit from the property owner giving her his consent for the sale of beer on the premises and all other information provided for in the Code before a license could be issued, that she should get the necessary in- formation and then present it to the City Clerk for consideration by the Council. Final Plat of Classic Hills Subdivision accepted Mr. walker Swain who was representing Ron Blakley at this meeting said they were asking for ten- tative approval at least, of the Classic Hills Subdivision. 373 City Engineer Mel Lewis said this was being presented now for final approval] that he had reviewed it and had found it to be essentially the same as the preliminary excepting that they had left in question the five foot easements along the front of the streets. He said this was a ten acre tract located just Scutt of Bighland Park Addition, east of Indiana and north of Polk Street; that the power company had said they would like to have the five foot easements along the front of the pots. Mr. Lewis told the Council that the streets were projections of streets that were already platted to the north of it and that the property could be served by sewer with the only question being on one row of lots where they had been advised that three or four lots would need to be filled in order to be served by sewer by gravity. He also said the lot sizes were all over the minumum requirements and the corner lots were all over the minimum requirements. He re- commended acceptance of the Plat. Some discussion followed in regard to the five foot easements after which Councilman Banks moved acceptance of the Classic Hills Subdivision Plat. The motion was seconded by Councilman Mccluskey. A vote was taken and the motion carried. Request for building permit tabled - Treasure Valley Ct- ristian Church Mr. Walker Swain then told the Council hat Ron Blakley had gone before the Board of Adjustment in June concerning the proposed building site for the Treasure Valley Christian Church and had requested per. — mission to circulate a petition for the Signatures of property owners within a 300 foot radius of the pro- party. He said he understood this had been referred to the City Council. City Building Official, Mr. George Dufur then read the following from the minutes of a meeting of the Board of Adjustment on June 16, 1970. 'Mr. Ron Blakley of 716 _Arthur Street appeared before the Board requesting permission to build a church at Morrison & Sunset Streets for the Treasure Valley Christian Church. Some discussion was held mainly due to airport traffic and City Council plans for the future improvements of the airport. Mr. Bud Grant made a motion to transfer the request to the City Council. Mr. Earl Priest seconded the motion. Motion carried.Mr. Bob Nichols wanted it stated in the records that he did not approve of the church building being built in that particular location and he recommended the City Council turn dorm the request. A map of the area was then reviewed by the Council after which Councilman Keys said that in look- ing at the proposed location of the Church on the map, it was directly in the traffic pattern of the existing runway of the airport; that, as of the last Council Council meeting and from those interested persona present, there was quite a lot of interest relative to the other Simplot development there and they weren't — going to get this resolved at least until the next meeting of the Council. He said it would seem wisdom to him to hold off any decision on this matter until they knew whether or not they were going to pursue any further with the airport situation, that he had talked to Mr. Blakley about this and he understood that it would be rather hard to make a decision on this until after the airport situation had been pursued a little farther. Mr. gain said he thought Mr. Blakley wanted information from the Council for the Church Board. Councilman Keys stated then that because of the situation relative to the Simplot housing and the present involvement had at the airport, he would move that a decision on this be tabled until a later date. The motion aas seconded by Councilman McCluakay. A vote was taken and the motion carried. Application for Door -to -Door Salesman License approved Mr. John Gorman who said he resided at 1317 Elgin Street told the Council that he was in the mobile home roofing and screen business; that he was new here and had gone to the Idaho First National Bank to open an account and they had asked him for a license number. He said then that he had come to see the City Clerk and had found that he needed a Door -to -Door Salesman License to sell in the City and this was why he was here; that he wanted a license at the reduced fee. Mayor Carpenter referred to information had in that the services that Mr. Gorman performed was something that was necessary every four or five years on mobile homes and the Mayor inquired if this was correct. Mr. Gorman said that so far as the roofing was concerned depending upon whether it is advisable to have the roof coated with some kind of a coating, preferably an asbestos sealer, every two years. He said he bad looked at quite a few trailers here in the City and some of them did need repair; also that this I acted as an insulating property of the trailer itself and his soliciting would be at mobile home parks and with mobile home owners rather than with other residents of the City. i 374 Also, in answer to questions, Mr. Gorman said he had been a resident of the City for about three weeks and had been in this business for about two months; that he had gotten the idea from a friend of the family in Spokane when he had been asked to coat the roof of a trailer for some people living next door to his father -in -law. He said that they had gotten him another job for a friend of theirs and then he had done three trailers there in a couple of days; that he was living in Weiser at the time and this seemed profitabl so here he was. He also said he had gotten into the skirting business and he explained the kind of product he used for coating roofs which he said was made by the. Standard Oil Company especially for mobile homes and he had been informed that his prices were right. He also explained the kinds of materials in the skirt-11 ing he used. Police Chief Charles Astleford commented in that standard material could be cut with some cheap grade thinning materials but it could be a good product if applied properly and according to instr±ietions; that he didn't think they would have any problems with it if Xr. Gorman was a reputable contractor and he thought this would be an asset to the community but he didn't know the man and this was the determination t be made. Mr. Astleford pointed out some of the problems they had had in the past where, especially older citizens had been bilked this way. After some discussion, it was moved by Councilman Keys, seconded by Councilman McCluskey, that Mr. Gorman be granted a Door -to -Door Salesman License at the reduced fee. A vote was taken and the motion carried. Inquiry concerning Plat - Roy Roark Mr. Roy Roark was present and inquired concerning the action of the Council with regards to his Plat which had been considered by the Council at the meeting on kwast 3, 1970. Mayor Carpenter informed Mr. Roark that the ^lat had been referred back to the Planning Commissia and that the Planning Commission hadn't had a meeting since that time but would meet later on in this month Mr. Bill Hunt - asked that his presentation be deferred Mr. Hill Hunt identified himself as being from Rona and said that he thought he would let the matter he had ride a while if this was all right. Mayor Carpenter said it was. Problem with mosquitos discussed Mayor Carpenter then informed the Council that there had been a number of caLls received from people living on Canyon Hill with problems of mosquitos. The Mayor said he had talked to the State Public Health Department and they had referred the information to Mr. Al Schrader but, as yet, he hadn't received any report beak from him. The area involved was the area mainly in and around the Cemetery and for those homes bordering along the river and Ma7or Carpenter told the Council that these people were really concern Councilman McCluskey stated that this was a problem there and that he had talked with the Mayor concerning it; that, after sundown, you couldn't go out into the yard. Councilman McCluskey added, however that he didn't know what the answer was; that this was in an area where, beyond the City and in the County, there was swamps and pools of water making for breeding places for mosquitos and the County wouldn't do anything about it. Mayor Carpenter referred to the times when the City had the aerial spraying done for the elm leaf beetle and said that it had helped for possibly a couple of weeks and then they came right back. He said that, as far as the budget was concerned, the one more flight would be about the extent of what could be done in this way to help the area. After some further discussion, Mayor Carpenter asked the Council to think about the mosquito problem and they would talk about it again at a later meeting. Request for variance to constrict carport denied The previous request of Mr. Mereness for construction of a carport at 314 Freeport was referred to and the City Building Inspector told the Council that Mr. Mereness had moved the carport back some. Councilman McCluskey stated that he couldn't see any reason why the carport couldn -t be moved back within the legal limits. City Engineer Mel Lewis referred to what had been said about prior rights and in answer to hie question, the Building Inspector stated that there hadn't previously been a building at this location that he knew of. Mr. Lewis stated that, from the looks of the grass around it, there wasn't a carport there but there had been a sort of a driveway with practically all of this being on street right -of -may and since there hadn't been any curb and gutter in the oast, it wasn't defined so they parked right up against 375 f the property, that he couldn't see any reason why the carport couldn't be put along side the house. After some further discussion, it was moved by Councilman MoCluskey, seconded by Councilman Davenport, that we deny the variance. A vote was taken and the motion carried. Report cf ?olice Department The monthly report from the Police Department for the month of July, 1970, was read for the con - sideration of the Council and was ordered placed an file. Extending area for placement of mobile homes to be studied Councilman Keys reported to the Council in that he had had a visitor last Saturday who had talked to him relative to the area created same time ago for placement of mobile homes as permanent residences and had told him that it wasn't working because it wasn't drawing the mobile homes into that area and people were continually looking into different areas that were more desirable. Councilman Keys stated that this person had only a small piece of ground but he had requested that the Council give serious consideration toward expanding this area into a different area that would be more attractive to people with nice mobile homes. Also, Councilman Keys said that he had talked to the Building Inspector before the meeting and had been informed that there had been approximately six mobile homes places in this area as it now exists. He slated further that he didn't know whether any others of the Council had had any reactions like this or not but he thought the Council should possibly give this some further study. Mayor Carpenter reported that he had received some comments in this regard in that it would be desirable to have other areas available in the City other than the one presently designated for this use although specific areas hadn't been mentioned. The Building Inspector reported that his office had received, a number of calls in this regard. Councilman Banks spoke with respect to some of the beautiful homes he had seen in mobile home parks in California that had been established with streets, landscaping, swimming pools, golf courses, tennis courts, etc. He stated, however, that he thought there needed to be controls in amongst the other residences of the City and in the style of homes but there should be some areas where you could have a nice home like this. After some further discussion with regards to zoning and objections by residents in the reeidentiaL areas, the Council seemed in agreement that the possibility of extending the area for the placement of mobil homes should be given further study. Parking Meters discussed Councilman McCluskey then inquired as to what the balance owed by the City on the parking meters was and the City Clerk answered in that he couldn't answer this without checking the records first. Councilman McCluskey then told the Council that he had been approached by three different business. men and all three felt that they were willing to accept the parking meters if the City would put the money from the parking meters into a fund for fixture off - street parking. Se said he knew the City still owed money now on the parking maters but this might be something to think of in the fixture. Mayor Carpenter pointed out that the monies from the parking meters was deposited into the General cured and that basically, it was used for paying the personnel in the Parking Ale ter Department, for mainte e, etc., and he thought that when the City had established the golden circle program the proposal at that time was that, after this money had been paid on the meters, then the money would be used for off - street parking. Highway Users Fluid discussed Councilman McCluskey then referred to an article in the Statesman Newspaper that had reference to the Highway Users Fund and the amount of money per mile received by the various cities in the State from this Fund. He made specific reference to the printed amount per mile to Caldwell as being $621.00 and Nampa being $949.00 and he inquired as to wily the difference in these amounts. Mayor Carpenter stated that a portion of the City of Nampa eras in a Highway District and that this may have something to do with it. Councilman Martin stated that he would talk with Mr. Ed Simmerman at the Association of Idaho Cities office about it prior to the next meeting of the Council and try to bring back a reportp that it would have to do with the distribution formula of the Highway Users laid and there were inequities. Mayor Carpenter also told the Council that there were two committees working on this at the pre- sent time. One had been appointed by the Governor of which he was a member, that they had a great deal of material with there being coordination between the two committees aid they were truing to come up with a 376 concrete plan for recommendation to the Legislature in order to fulfill the needs of all those involved in the distribution of these funds. He stated further that meetings were being held every month and they hoped I to eventually come up with some reasonable approach to help those who needed money for roads and streets. Sidewalks discussed Councilman Davenport referred to the present condition of some sidewalks within the City and said that they were not going to get any better, that he was sure the people who were living in the areas where the sidewalks were practically standing on edge were not happy with the situation and, also, he was reasonabl sure that it was almost impossible to establish Local Improvement Districts to install new sidewalks in those areas. Councilman Davenport said he had been looking over some of these areas and the thought had entered h mind that certainly it would be a lot better if there was grass 'there instead of these sidewalks and he was presenting this to the Council for their consideration and thoughts on the subject. He then inquired as to why the City couldn't permit the removal of these sidewalkk in some areas where they knew there was going to be no improvement, that he didn't know how they could do it and he knew they wouldn't want to discus^ it at this meeting, but it was something for them to think about because certainly it would cost a lot less to remove these sidewalks and the landowner seed the area to grass than to to to the expense of putting in new sidewalks and he thought it would help beautify the City. Councilman Keys referred to the activities or those who wanted sidewalks included in the subdivisii now and City Engineer Mel Lewis commented in that there would be a need for determining what areas needed sidewalks and what areas didn't. He also referred to instances where trees were involved. No further action was taken at this time. Applications for Bartenderrermits approved Applications for Bartenders Permits from Judith Mae Pitzen, Robert E. Kitchen, Juvial D. Kitchen, and B. G. Tatum were presented for the consideration of the Council. Each application had been approved by the Chief of Police and was accompanied by a receipt from the Clerk for the required fee. It was moved by Councilman Banks, seconded by Councilman Keys, that the applications for Bartender Permits be approved and the Permits be issued. A vote was taken and the motion carried. Next meeting to be held on September 3, 1970 The date for the regular meeting of the Council in September being on Labor Day, it was moved by ( Councilman Banks, seconded by Councilman Keys, that the regular meeting of the Council be held at 8:00 P.M. on September 8th, the day following Labor Day. A vote was taken and the motion carried. Bills - Mid August It was moved by Councilman, Martin, seconded by Councilman Davenport, 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 624 thru 672, General Fund -- ---------------------------------------- - 3,154.19 warrant Numbers 342 thn, 371, Water & Sewer Fund: Water----------------------- - - -- -- 996,59 water, Capital-------------- - - - - -- 1,230.65 Water, Capital Improvement- - - - - -- 10,800,00 Treatment Plant------------- - - - - -- 826.66 Treatment Plant, Capital---- - - - - -- 132.76 Water, General Office------- - - - - -- 426.37 Sewer Maintenance----------- - - - - -- 20.60 Warrant Numbers 660 thru 706, Special Fundss Cemetery - ..------------------------ 112,17 Street---------------------- - - - - -- 8,726.16 Sanitation------- ------ -- --- - - - - -- 106,59 Irrigation-- ---- ----------- - - -- -- 300.57 LID # 6 5------------- --- --- -- -- - - -- 108.09 LID # 66--- ----- ---- ---- - --- --- --- 2,119.03 LID #66, Reg. Warrants------ - - - - -- 6 000.00 3,0.3 A vote was taken and the motion carried. It was moved by Councilman Flanks, seconded by Councilman Keys, that the meeting adjourn. A vote was taken and the motion carried. The meeting adjourned at 9-% M. Mayor