HomeMy WebLinkAbout1969-09-02city council minutesCOUNCIL CHAMBIM
SEPTEMBER 2, 1969
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 Call, the following Councilman answered present: Charles C. Ranks, William S. Harrison,
James W, "Bill" Keys, V. Jay Martin, Charles W. Carpenter, and C. A. "Chet" Davenport.
Request for permit to park a trailer house reconsidered - Kate Romine
The first order of business called for was the reconsideration of an application for a permit to
park a trailer house outside of a trailer court and in answer to the question by Mayor Smith, the City
Building Inspector stated that there had been no change, since the last meeting, in the status of the
application by Mrs. Ramine.
Mrs. Romine stated that, if she couldn't get a permit to park bar trailer without going into
business again, she gust wouldn't have one, and she commented further in that she had understood that the
City was going to try to get that area opened up for trailers.
Mayor Smith informed Mrs. Homine that this was under consideration but only from the Highway on ove,
to the ditch below Canyon Hill and that this area wouldn't include her location unless the Council decided to
do so.
Councilman Keys reported that he and Councilman Harrison had been working on this but didn't have
anything ready yet although they would be approaching the Zoning Hoard, perhaps at their next meeting. He
said they ware leaving the boundaries of the area open for discussion with the Zoning Board; that he knew the
wheels moved slowly but they were trying to get something done on it. He suggested that We. Romine might be
able to move into a trailer court for a couple of months or so and then know what was going to happen.
Mrs. Romine said that they were fixing the garage over and perhaps they could move into it and wait
It was moved by Councilman Carpenter, seconded by Councilman Harrison, that the request be denied.
A vote was called for when all Councilmen voted in the affirmative excepting for Councilman Martin and
Councilman Davenport who voted in the negative. Mayor Smith declared that the motion had carried and the
request for a trailer house permit had been denied.
Request to take property out of City limits tabled - Pate Echevarria
Mr. Pete Echevarria addressed the Mayor and Council and referred to land he owned at the Southeast
part of the City limits with three acres being in the City. He said the land had been isolated every since
the Freeway had come through; that he didn't have access in to it although there was a road that goes in the
back aide . He said he didn't have right -of -way through there and there had to be a culvert put in; that
under those circumstances and the way the property lays, he thought the City should either do something for
him or, if not, he would like for the property taken out of the City limits.
As requested, the City }hgineer indicated on the City map where the property referred to was
Mr. Echevarria stated that there was a road that had gone through there every since Caldwell had
been here; that it took off from Lincen before crossing Indian Creek and came out at the overpass near
Alackers; that even though everyone had used it, one party had prevented him from going in there. He said
there was a locked gate across there, and, he would have to put a culvert across IndianL Creek to get on to
his property. He added further that he had been advised that he would have to go to Court to got the use of
the existing road and said that if he should have a fire in there, the City wouldn't be able to got in, and
also, he had had items stolen down there and he couldn't do anything about it.
In answer to the question, Mr. Schevarria stated that when he purchased the property it had not
been represented to him that there was a right -of -way to the property but he had always had an understanding
II
that a guy could use the road there and he had gone over it a few times.
After some further discussion, Councilman Martin suggested that the Council should all have a look
at the property and he moved that the matter be tabled until the next meeting. The motion was seconded by
Councilman Carpenter. A vote was taken and the motion carried.
Mayor Smith suggested that the Councilman go to see the property two or three at a time and have
121
122
the City Engineer accompany them.
Proposal of Housing Authority reconsidered
The previous matter concerning housing as presented by members of the Housing Authority, discussed
and tabled until this meeting, was next referred to.
Mfr. Paul Tracy, a member of the staff of the A.A.R.P., introduced their president, Ctrs. Gladys
Smith,who addressed the Mayor and Council. She said that they, as a group in the local Chapter, were
interested in anything which was for the betterment and welfare of senior citizens and they felt that the
problem of housing at a price that rather low income and retired persons could meet was really a need here i
Caldwell and she simply wanted to voice her approval of any move in that direction.
In answer to the question by Mr. Tracy, Mayor Smith reviewed the proposal as presented and he ex-
plained the reason for the present consideration of the proposal by the City Council.
Mr. Tracy then indicated that he would like for the City Council to approve the proposal and
stated that he was supporting it and would like to see it done. He referred to other projects of this
nature which, he said, were working out wonderfully well and he couldn't see why Caldwell shouldn't. W.
Tracy also informed the Council in that he understood that only 30% of the telephones at Simplots were in
Caldwell; that there was going to be an influx in labor the first of the year and he believed the shortage o
housing should be worked on and this might relieve it.
Mfr. Pat Harwood with the Simplot Company addressed the Mayor and Council and stated that he was
unprepared in that he had not been present at the Council meeting two weeks ago but perhaps they at Simplots
had been a little neglectful in the past because they were very interested in the housing situation. He sai
that right now they were running about 1,200 employees and that as soon as their new plant was finished, the
expected to hire another 300 people; he had checked with their personnel department and from 959 line people
483 had a Caldwell prefix of 459 or, in other words, 50.4 %; that he did not know what percent of these lived
in Caldwell proper but he would guess from 50 to 60% or about 30% of their work force actually lived in
Caldwell proper. Mr. Harwood stated further that they felt that perhaps they should become very involved in
the housing situation and although he did not have the background an what was presently being considered, he
knew that for a project where you might approach the Federal Government for subsidies or guarantees, or for
aggthing else, the local governing body pretty well had to approve it before the Federal Government would
participate; also today, he had received The Housing and Development Act of 1968 and he referred to Section
which was the National Corporation for Housing; he said that he felt perhaps their Company should come here
tonight and give the City some idea of their future plans and the number of people they expect to hire in th
immediate future because they realize that this is a part of the problem. Mfr. Harwood also said that they
did not know the answers but felt that if there was some way that they could help, depending on which way th
City went an this; that if there were some details or study that they might come up with and be of some help
they would be glad to give it. He suggested that probably other industries could bring forth some figures.
Mayor Smith then explained the authority of the Housing Authority, the method of appointing the
Commissioners, their power to bond, etc., and that the reason they had made this request of the Council was
due to the government regulations. He also explained that private enterprise could build the units and then
lease them to the Housing Authority but also, the Housing Authority, as a separate entity from the City of
Caldwell, could own housing and rent it in their own right; that, in both instances, the power of the Federa:
Government was in subsidy forms and further, should persons not be able to pay the rental amount, they were
subsidised by the Federal Government on the basis of income to a certain level. He added that the Housing
Authority was appearing before the Council seeking some direction as to whether they should go any further
or forget about this kind of housing for the City of Caldwell.
Mrs. Bill Rankin inquired in that, if the Housing Authority should go ahead with this for particul
erly low cost housing for the elderly, wouldn't this in turn then release some amount of private rentals for
some of the low income people who need housing desperately. Mayor Smith stated that the City thought so and
also, it would take some sub - standard housing out of the picture.
Mfrs. Rankin then spoke about where her mother was living in Tacoma, Washington. She explained some
123
i
r
of the regulations pertaining to the rental, such as owning property, a point system with regards to income,
etc., and she said that the rental was designed for the convenience of elderly people and persons couldn't
live there if they were unable to care for themselves. She explained how tha points were determined, the
facilities available, how they were maintained, the regulations governing the occupants, and enforcement of
those regulations, also, the conveniences of bus service and grocery stores or shopping areas. Kra. Rankin
stated that it had been an excellent solution to her mother's problem, had served all of her needs, and she
was much happier there than she would be in living alone or with some of the family.
Mr. Calvin Burns answered questions on where they might begin with regards to whether or not the
construction would be for the low income and for the elderly, or would there be any preference as to which
would come first. He said he thought this would need to be determined at the time of submitting the
application and that it had been implied that it would be quicker to gat the type of housing that was
privately owned. With the other type project, the Housing Authority would be borrowing money from the
Federal Government, and it would take a longer period of time.
Councilman Martin spoke in that it appeared that the Council should either give the go ahead to
the Housing Authority or come up with some other alternative and said, if there was some other alternative,
he would like to hear about it.
Mayor Smith suggested that he might appoint a small committee to investigate the individual free
enterprise sector which wouldn't have anything to do with the present matter under consideration except that
it would go hand in hand with it.
Councilman Harrison inquired if anyone had investigated the program that had been used in Nyasa
last year. He said he believed it was Farm Home Administration backed and the borrowers, in lieu of cash
for down payment, were allowed to work it out in construction. Mayor Smith answered in that this might be
some of the things a committee could ferit out.
Councilman Keys inquired if this was the type of thing that would actually stop private enterprise
from building any of these housing units and, in discussion of this, it appeared that it wasn't thought that
it would in that a person would have to be in a low income bracket to qualify for this type of housing.
After some further discussion; Councilman Banks sponsored the following Resolution and moved its
passage:
RESOLUTION NO. 20
BY COUNCILMAN BANKS
A RESOLUTION APPROVING} APPLICATION OF THE PROVISIONS OF THE UNITED sTATES HOUSING ACT OF 1937, AS AM MDED,
TC LOCALITY.
WHEREAS, Under the provisions of the United States Housing Act of 1937, as amended, the United
States of America, acting through the Secretary of Housing and Urban Development, is authorized to provide
financial assistance to local public housing agencies in providing low -rent housing by construction of
dwelling units, by leasing dwelling units in existing privately -owned structures, or by leasing dwelling
units to be constructed by private parties; and
WHEREAS, Said act provides that the provisions thereof shall not apply to any locality unless the
governing body of the locality has by resolution approved the application of such provisions to such
locality.
NOWT THEREFORE, Be it resolved by the City Council of the City of Caldwell, Canyon County, State
of Idaho, as follows:
That the application of the provisions of the United States Housing Act of 1937, as amended, to
the City of Caldwell, Canyou County, State of Idaho, is approved.
the motion for passage was seconded by Councilman Davenport. A roll call vote was called for when
the following Councilmen voted in the affirmative: Banks, Keys, Martin, Carpenter, and Davenport. Negative
vote: Harrison. Absent and not voting: none. Mayor Smith declared that Resolution No. 20 had passed.
Ordinance presented to provide for the assessment and levy of a tax
The next order of basinass was the presentation of an Ordinance to provide for the assessment and
124
levy of a tax and Mayor Smith explained to the Council a question regarding the 104% limitation under the
provisions of H.B. 304 and the amount certified for General Obligation Bonds and Interest; the latter varying
now that a reserve had been established for this purpose. He pointed out that the City needed to reduce the
amount to be raised from taxes in 1969 for General Obligation Bonds and Interest purposes and, the question
was -&other the difference between the amount for 1968 and the lesser amount for 1969 could be utalized by k
other City funds an long as the total certification remained within the 104$ and the mill levy limitations.
The difference would amount to some $14,500.00. The State Tax Commission had indicated, but not in writing,
that this would be all right but in the meantime the County Commissioners had instructed the County Clerk
differently. This Bill now being presented would not be reduced by the City and, it was believed to be with-
in the law.
Wm. F. Gigray, Jr., City Attorney, informed the Council that the County Commissioners were trying
to get a ruling from the Attorney General's office on this question and they felt there might be personal
liability by the County Commissioners to the taxpayers of the County, if they were to go ahead without having
a determination. He informed the Council that it might require a test case for an actual determination.
Bill No. 32 - Ordinance No. 3.175
Councilman Martin introduced Bill No. 32, entitled:
AN ORDINANCE PROVIDING FOR THE ASSESSMENT AND LEVY OF A TAX FOR GENERAL REVENUE PURPOSES FOR PAYMENT OF THE
CURRENT =sENSBS OF THE CITY OF CALDWELL, IDAHO, FOR THE FISCAL YEAR BEGINNING THE FIRST DAY OF JANUARY, 1969
AND ENDING THE 31st DAY CF DECMMEER, 1969.
which was read for the first time and the Council proceeded to consideration of Blll No. 32. It was moved by
Councilman
Martin, seconded by Councilman Carpenter, that the rules requiring the reading of a Bill on three separate
days be suspended and that Hill No. 32 be read the second time by title and the third time in full, section
by section. The Mayor directed the Clark to call the roll on the above motion with the following result:
Those voting in the affirmative were: Banks, Harrison, Keys, Martin, Carpenter, and Davenport. Negative
vat-ea. none. Absent and not voting: none. The Mayor declared the motion had passed by the necessary one -
half plus one of the members of the full Council and directed the Clerk to read Bill No. 32 the second time
by title and the third time in full, section by section. The Clark read the BL11 as directed. It was moved
by Councilman Martin, seconded by Councilman Carpenter, that Bill No. 32 pass. The Mayor directed the Clerk
to call the roll on the above motion which resulted as follows: Those voting in the affirmative were: Banks
Harrison, Keys, Martin, Carpenter, and Davenport. Negative votes: none. Absent and not voting: none.
Thereupon, the Mayor declared that Bill No. 32 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. 1179.
The Mayor directed the Clerk to make proper entry of the same and to cause Ordinance No. 1179 to be
published in the News- Tribune, the official newspaper of the City of Caldwell, Idaho.
Requests for Water main extensions approved conditionally
The City Engineer informed the Council of a request from Lloyd Pbsdahl for a water main extension
on Lake Avenue extending south from Cleveland Boulevard 500 feet and from Nh. Felix Chertudi for an extension
on 41st Avenue from Cleveland Boulevard south 400 feet. He said the estimated material cost for 400' of 6m
line would be $1,118.00 and for 500' of 8" line, $2,215.00. The cost of water meters would be additional.
The material costs for a one inch extension was discussed and in answer to the question, the City
Engineer estimated the material cost for 500 feet at about $400.00 or less and said this would serve one othei
:onnection all right unless it should be one demanding a larger consumption such as for fire protection or fo1
The possibilities for future use and demands for water consumption in the area were discussed and
appeared that there weren't any probable large consumers known at this time; however, this could develop
dustrially and for proper development, the water study called for 6" and 8" inch line. After some further
scussion; it was moved by Councilman Harrison, seconded by Councilman Banks, that the installation proceed
the basis of the applicants paying 1/4 of the material costs. A vote was taken and the motion carried.
mega claim denied - R. S. Hillman
A damage claim from R. S. Hillman with address given as Route 1, Caldwell, Idaho was presented for
0 consideration of the Council as follows:
125
Damage to Trailer by Patrol car driven by Patrolman Reich while in
pursuit of burglary suspects on June 23rd, 1969 ------------------------- - - - - -- $ 60.00
Car driven by suspects overturned in front yard and police car driven by
htc. Reich hit trailer which was parked in the yard.
The claim was dated August 20, 1969 and signed by R. S. Hillman.
It was moved by Councilman Martin, seconded by Councilman Keys, that the claim for damages of
I R. S. Hillman be denied and referred to the City's Insurance Carrier. A vote was taken and the motion
Damage claim denied - Connie Adler
A damage claim from Connie Adler with address given as 223 Fillmore was presented for the consider.
ation of the Council as follows:
I was heading south on Paynter between 5th and 6th. The road was covered
by water and I drove through the water and the front of my car fell in a
hole.
Repair of left front wheel & suspension ---------- -- ------ -- ----- ----- ---- -- $ 12.00
WreckerService --------- ----------------------------------------------------- '--°-°-°-°----- -- °- -- --- °_' ^_ °__-_ °___- .__ °- -- 20.00
Total - --- - - - - -- $ ' TZ. - M
The claim was dated August 29, 1969 and signed by Connie Adler.
It was moved by Councilman Keys, seconded by Councilman Davenport, that the claim for damages of
Connie Adler be denied and referred to the Cityta Insurance Carrier. A vote was taken and the motion
carried.
Permission granted to fence area at Eighteenth Street Well for pasture - Henri Pilate
Mayor Smith informed the Council of a request from Henri Pilate who wished to fence the area
around the Eighteenth Street well to pasture a horse. He said the City Engineer had talked to Mr. Alsager of
the State Health Department and had been informed that the City could use the area arond the well which was
more than 50 feet from the casing. The Mayor said W. Pilate would have to stay back from the grassed area c
the east and north sides but there seemed to be no reason why this couldn't be used and it would knock the
weeds down with the party using it being responsible for the watering and the fences.
After some discussion; it was moved by Councilman Davenport, seconded by Councilman Martin that
permission be granted to use that area at $5.00 per year. A vote was taken and the motion carried.
Applications for Pool Licenses approved
Applications for renewal of Pool Licenses for Third Quarter were presented for the consideration of
the Council as follows:
I
George T. Haines d/b /a Sportsman Bar & Cafe at 117 Everett St. - Fee, $15.00
Freda M. Stout d/b /a Waldorf Cigar Store at 121 South 7th - Fee, $15.00
It was moved by Councilman Banks, seconded by Councilman Carpenter, that the applications for Pool
Licenses for Third Quarter be approved and the Licenses be issued. A vote was taken and the motion carried.
Applications for Bartender Permits approved
Applications for Bartender Permits from Connie Perez, John D. Eagan, and Joe Boyd were presented
for the consideration of the Council. The applications had been approved by the Chief of Police and were
accompanied by a receipt from the Clerk for the required fees.
It was moved by Councilman Banks, seconded by Councilman Davenport, that the applications for
Bartender Permits be approved and the Permits be issued. A vote was taken and the motion carried.
Work schedule on South Tenth Avenue at Golf Course given
The City Engineer informed the Council that, hopefully, the Street Department would lay the north
half of South loth Street at the Golf Course this week and, weather permitting, would proceed with the south
Bills for End- August
It was moved by Councilman Martin, seconded by Councilman Keys, that the warrants for claims and
payrolls be approved as per list and filed in the City Clerk's office. Such warrants being in the totals as
follows;
Warrant Plumbers 631 thru 670, General Fund: -------------------------------------- $ 3,781.37
Warrant Numbers 421 thru 432, Water & Sewer Fund: Water ------ --- ------ ------- - - -- 754,05
Water, Capital -- -- ----- -------- 571.110
Treatment Plant ----- ----- -- - --- 1,106.19
Treatment Plant, Capital - - - - - -- 50.00
Water, General Office --------- 295.10
Warrant Numbers 704 thru 739, Special Funds; Fire ----- -- --- ------ ----- - -- - -- 164.40
Cemetery --- ----------------- -- 115.12
Street ----- --- ------ -- -- - - --- e 1,702.30
Street, Capital - --------- - - - - -- 5,1192.00
Sanitation --------------- - - - - -- 37.38
i
126
Warrant Numbers 704 thru 739, Special Funds: (Can't.) Sanitation, Contract -- - - - - -- 6,827.55
Armory -- --- -- ------- --- ---- 156.83
Irrigation ------------ - - - - -- 52.02
L.I.D. #62 -------- ------ ---- 7,164.87
L I.D. #64 ----------------- 7,014.23
L.I.D. #64 (Int. Fin.) - - - -- 8 500.00
$ 4j, /tl4.111
Warrant Numbers 1307 thru 1394, (excepting #1308, #1310, #1311, and #1314)
- General Fund Payroll, August -------------- - - - - -- 35,135.17
Warrant Numbers 1395 thru 1461, (including #1308, #1310, and #1311) - Special
Funds Payroll, August ----------------------------- 18,698.54
Warrant Numbers 1462 thru 1490, (including #1314) - Water & Sewer Funds Payroll,
August -------------------------------------------- 8 8 z325.99
A vote was taken and the motion carMed.
It was moved by Councilman Hanks, seconded by Councilman Martin, that the meeting recess until
8 :00 P. M. on September 15, 1969. A vote was taken and the motion carried. The meeting recessed at 9:35
P. M.
Mayor
COUNCIL CHAMBERS
SEPTEMBER 10, 1969
7:30 P. M.
The Council met pursuant to recess 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 hereby
acknowledge notice of a Special Maeting of the said City Council to be held in the Council Chambers in the
City Nall in the City of Caldwell, Idaho, at the hour of 7:30 P.&, on the 10th day of September, 1969, for
the transaction of all business in connection with the following objects: Consideration of notification fro
the County Clerk of Canyon County regarding certification of tax levy to be applied to the tax rolls for the
year of 1969; designating the City Clerk of the City of Caldwell as the Bond Registrar for the Mousing
Authority of the City of Caldwell; consideration of a claim for damages filed by Donna M. Bledsoe; and the
consideration of Memorandum Decision No. 21252 in the District Court of the Third Judicial District of the
State of Idaho, in and for the County of Canyon.
Witness our signatures this 10th day of September, 1969.
y,
Ma yor
e
Cdancilnin
t5uncilman
Councilman
Mayor N. E. "Coley" Smith presiding.
Upon Roll Call, the following Councilmen answered present: Charles C. Banks, V. Jay Martin,
C. A. "Chet" Davenport, and Charles W. Carpenter. Absent: William S. Harrison and James W. "Bill" Keys.
Tax levies for 1969 to remain as previously certified
Mayor Smith announced the first order of business in the call for this Special Meeting and re °errs
to Ordinance No. 1179 providing for the assessment and levy of a tax, and the certification of the same to
Canyon County. He stated that the City was now on a verbal extension of time granted by the Canyon County
Commissioners until the coming Monday and had received by certified mail, a notice from the County Clerk
saying that the City was over the 104°% limititation of Chapter 452 of the Idaho Code. The following portion
of the statement from the Clerk of Canyon County was read:
"Your total funds or levies sub act to Cha ter #452 of Idaho Code are over the
104 anon a C y s o a arm ne an ro c cn ands
T4107 vigil reclucerl. If this is not done by the deadline the County Commissioners will
be faced with not setting a levy for the City of Caldwell or trying to determine
which levies to reduce."
Mayor Smith then commented in that the amount of $14,503.28 was the amount previously discussed
at the meeting on September 2, 1969 as being the differsnes in the amount to be raised in 1969 for General