Loading...
HomeMy WebLinkAbout1965-08-23city council minutes1 493 approved as presented and that the Permits be issued. A vote was taken and the motion carried. Police Department picnic announced Mayor Smith announced that the Police Department picnic would be held at the City Park at 7:00 P.K. on August 17th and asked that Councilman Vassar and Councilman Martin be informed. Bills for mid - August It was moved by Councilman Davenport, 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 653 thru 706, General Fund: ------------------------- - - - - -- $ 8,810.911 Warrant Numbers 319 thru 334, Water & Sewer Fund: Water ------------ - - - - -- 1,181.66 Water, Capital Imp. - - -- 197.03 Treatment Plant - - - - - -- 88.31 Water, General Office -- 80.69 Warrant Numbers 698 thru 748, Special Funds: Fire ------------- - - - - -- 699.46 Cemetery - -- ---- - ------ 96.81 Street ----------- - - - - -- 13,087.26 Sanitation ------ - - - - -- 90.50 A -------- --- - - - - -- 120.00 Irrigation ------- -- - - -- 304.13 Cemetery Sinking - - - -- 115.48 L.I.D. #56 -- ------ -- --- 5,900.00 $ 30,772.27 A vote was taken and the motion carried. 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 carried. The meeting adjourned at 9:20 P. M. COUNCIL CHAMBERS AUGUST 23, 1965 h:OO P.M. The Council met nursuant to recess and acknowledgment of notice in the following form: 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 h:00 P.M., on the 23rd day of August, 1965, for the transaction of all business in connection with the following object: New and unfinished business. Witness our signatures this ?3rd day of August, 1965. Mayor N. R. "Coley" Smith presiding. Upon Roll Call, the following Councilmen answered present: F. L. Vassar, Max Luby, V. J. James W. "Bill' Keys, and Charles W. Carnenter. Absent: C. A. Pavenport. Letter of anpreciation to Richard Cashman The following letter of appreciation to Richard Cashman, Volunteer Fireman, for his ,years of service with the department was read by Mayor Smith: Au gust 17, 1965 Mr. Richard D. Cashman 2823 Colorado St. Caldwell, Idaho Dear Dick: We have accepted your resignation as a Volunteer from the Caldwell Fire Department 494 I I want to thank you for the twelve years service you rendered Caldwell. It's certainly fine that a man cares enough about his community to contribute time to such a worthwhile organization. On behalf of myself and the City Council we want you to know we're grateful. We appreciate your part in making our Fire Department such a good one. We certainly wish you every success in your new venture. Sincerely, /s/ Coley Smith Coley Smith Mayor CS: nj Encroachment on right -of -way by Garber Motors Mayor Smith then stated the meeting was called for the purpose of considering a request from Garber Motor Company for consideration of an encroachment problem on City right -of -way and State Highway right -of -way on Highway 30 East. City Engineer Melvin Lewis in an explanatory statement said the Nicol- Farwell plat, when it was accepted, platted off on Cleveland Blvd. 80 feet from the North line. The right of way, essentially, before that was done was 68 feet from the same North line. This then, would shift the center line of the right- of-way 6 feet. There would be another 6 feet of additional width which would shift the South boundary line of Cleveland Blvd. at this point 12 feet. This is what had caused the difficulty that Mr. Garber had at this time - - -the canopy that he had built out there encroaches from this 80 foot right -of -way line on the South side into the right -of -way as defined by the Nicol - Farwell plat about 14 feat, including the overhang. Wayne Davis, Attorney for Mr. Garber, was recognized and in his opening statement admitted they were encroaching but said it was not a flagrant violation, it was due to ignorance. At the time Mr. Garber bought these lots he was not aware of this Highway right -of -way. Because of these facts, he stated, they would like to enter into an agreement with the City to the effect that if the Highway Department or the City would ever desire to extend and use that portion of the Highway, Mr. Garber would move back at no ex- pense to the City or State. Mayor Smith told the Council that he thought before they made any decision they should know that the Urban Engineer for the State of Idaho does not believe that the State can legally enter into an agree- ment of this kind. He further stated that he believed the City Council had the authority to enter into an agreement of this type with the possible exception of the original 2 foot right -of -way encroachment, but the Urban Engineer for the State was under the impression that the State would not have the power to enter into an agreement to allow this - -so even if the City Council did agree to allow an encroachment of 12 feet here, it was his opinion that the State of Idaho, because of pressure from the Bureau of Public Roads, would have to require that it be closed. Councilman Martin stated he was willing to help them out in any way he could but the question in his mind was whether or not the Council had the legal right to approve an encroachment on a public Highway. (Councilman Davenoort entered meeting at this point) Barney Goul, Building Inspector stated that from his standpoint if this was allowed to remain it was going to effect his issuing permits for other pending businesses in that area. They would also want to encroach and, in his opinion, would be entitled to do so. - City Engineer Melvin Lewis stated he had prepared a permit to issue to Mr. Garber for an anoroach off the right -of -way for driveways, entrances, etc. He issued one to Godfreys also arcd in these permits the State usually insists that they snecify "No signs uoon the right -of -way" which was the case in the Godfrey Permit. Mr. Davis said if they could only have a little time in which to establish the business and oath of trade along the automobile strip out there, it would help greatly with less financial loss. it Councilman Vassar stated he felt the council couldn't do anything about An the form of an agree- ment but since it hannened this way without intent on the part of Mr. Garber to deliberately encroach, he 495 thought they might be lenient enough to let it stand as is until they are forced to do something about it. Mayor Smith again brought un the problem which would arise in the issuance of future building permits under the same circumstances. Councilmen Keys stated he thought another business should be allowed to extend it's business the same distance forward as Mr. Garber's. Councilman Luby was of the opinion that no one had been hurt and as long as Garbers agreed to move back, if and when anything came. up making it necessary to do so, he was in favor of going along with them at the nresent time. Increase penalty for not securing building permit The present fine for violation of not securing a building permit was discussed and the Mayor stated he was going to contact, the City Attorney and ask for an ordinance to increase this penalty. City Engineer Lewis suggested Garbers be given 12 months to move the canopy back. After some discussion Councilman Vassar moved and Councilman Luby seconded that Mr. Garber be allowed a neriod of 12 months from .9nntember 1, 1965 to remcve the encroachment from the street right -of -way. A Roll Call vote was taken and the following Councilmen voted in the affirmative: Vassar, Luby, Martin, Keys, Davenport and Carnenter. Negative: None. Absent and not voting: None. Mayor Smith declared the motion carried. McKimmey Addition plat executed Mayor Smith renorted the 14cHimmey ^ Adition nlat which had been anoroved earlier has new been executed. Well on Blaine Street The Mayor also reported the new city well on Blaine Street is progressing nicely. The drillers had gone to about 320 feet and when the was was finished it was thought that it would nrodnce about 1,500 gallons of water a minute through a 11i -inch casing inside an 18 -inch casing. The new well would then add almost 50 per cent, to the present domestic water supply. A motion was made by Council Keys, Seconded by Councilman Martin that the meeting recess until September 7th, 1965 at 8:00 o'clock. A vote was taken and the motion unanimously. carried. The meeting adjourned at L:45 P.M. s ytyf uty My u Clerk COUNCIL CHAMBERS SEPTEMM 7, 1965 8:00 P. M. The Council met pursuant to recess and acknoitledgement of notice of notice in the following form' 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 Chamber& in the City Hall in the City of Caldwell, Idaho, at the hour of 8:00 P.M., on the 7th day of September, 196 for the transaction of all business in connection with the following object: New and unfinished business. Witness our signatures this 7th day of September, 1965.