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HomeMy WebLinkAbout1967-09-05city council minutes319 r— COUNCIL C HAMBERS SEPTEMBER 5, 1967 8:oo P. M. The regular monthly meeting of the City Council met in the Council Chambers of the City &31 with Mayor N. E. "Coley" Smith presiding. Upon Roll Call, the following Councilmen answered present: William S. Harrison, James W. "BJ31R Kaye, V. Jay Martin, Charles W. Carpenter, and C. A. "Chet" Davenport. Absent: Charles C. Banks. Copies of portion of House Bill No. 3 available A letter was read from the Association of Idaho Cities office informing the Council of many re- quests received by them for copies of House Bill #3 for use of Mayors, Councilmen, Attorneys, Police Chiefs Police Court Judges, and others so they had explored all the various methods of acquiring them, that Volume 9 of the Idaho Code would not be available until after the first of the year and two Volumes of the Idaho Session Laws were sold only in sets at a cost of $14.00 - other methods of reproduction were also to costly so copies of the most needed Chapters were being reproduced by the Association of Idaho Cities office and would be available at $1.00 per copy. The letter continued in requesting the city to advise them of the number of copies they would like at this price as they planned on having the copies available by September i It was pointed out that copies of House Bill #3, as amended, were in the hands of the Mayor, City Engineer, City Attorney and City Clerk, and that one copy of the Session Laws had been purchased in the Cit' Clerk's office - therefore, copies were not needed in these offices. In canvassing the members of the Council, they didn't fool it was necessary for them to have copies also. Filing of candidates and registration for election announced Mayor Smith announced the filing time for candidates at the coming city election as beginning on September 28 and ending not later than October 9 with the requirement of LG signatures (at large) of regis- tered qualified electors on a petition. He said they were available in the City Clark's office and added that there were a great number of persons who were not now registered in that they didn't vote in the 1965 city general election - voting in either or both of the last two special bond elections did not maintain a voters registration for the city general election. Bill No. 15 - Ordinance No. 1105 Councilman Carpenter introduced Bill No. 15, entitled: AN ORDINANCE GIVING NOTICE TO ALL CITIZENS OF, AND OWNERS OF PROPERTY IN THE CITY OF CALDWELL, IDAHO, THAT AN APPLICATION HAS BEEN PRESENTED FOR THE VACATION OF AN ALLEY 16 FEET IN WIDTH ON THE SOUTHEASTERLY SIDE OF LOT 20 OF BLACK 9 OF THE ORIGINAL TOWN, NOW CITY, OF CAIMELL, AS THE SAME IS SHOWN ON THE OFFICIAL PLAT THEREOF NOW ON FILE AND OF RECORD IN THE OFFICE OF THE COUNTY RECORDER OF CANYON COUNTY, STATE OF IDAHO. which was read for the first time and the Council proceeded to consideration of Bill No. 15. It was moved t Councilman Carpenter, seconded by Councilman Keys, that the rules requiring the reading of a Bill on three separate days be suspended and that Bill No. 15 be read the second time by title and the third time in fall, 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: Harrison, Keys, Martin, Carpenter, and Davenport. Negative votes: none. Absent and not voting: Banks. The Mayor declared the motion had passed by the necessary three- fourths majority and directed the Clerk to read Bill No. 15 the second.time by title and the third time in fell, section by section. The Clerk read the Bill as directed. It was moved by Councilman Carpente seconded by Councilman Keys, that Bill No. 15 pass. The Mayor directed the Clerk to call the roll on the above motion which resulted as follows: Those voting in the affirmative were: Harrison, Keys, Martin, Carpenter, and Davenport. Negative votes: none. Absent and not voting: Banks. Thereupon, the Mayor declared that Bill No. 15 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. 1105. The Mayor directed the Clerk to make proper entry of the same and to cause ordinance No. 1105 to be published in the News - Tribune, the official newspaper of the City of Caldwell, Idaho. Bill No. 16 - Ordinance No. 1106 In presenting Bill No. 16, Mayor Smith commented in that the Bill constituted an amendment to the original levy and was a 13.25 mill reduction and that it would constitute no raise in property taxes at the city level in 1967 over 1966 excepting for the Bond Issue for the Fire Station. He stated that the original levy was set on the assessed valuation of $8 and this levy on an assessed valuation of $11,0111,799.00 for the City of Caldwell. 320 Councilman Martin then introduced Bill No. 16, entitled: AN ORDINANCE RESETTING THE ASSESSMENT AND IEVY OF A TAX FOR CIENBRAL REVENUE PURPOSES FOR PAYMENT OF THE CURRENT EXPENSES OF THE CITY OF CALDWELL, IDAHO, FOR THE FISCAL YEAR BEGINNING THE FIRST DAY OF JANUARY, 1967 AND ENDING THE 31ST DAY OF DEC3,MBER, 1967, AND REPEALING ORDINANCE NO. 1094. which was read for the first time and the Council proceeded to consideration of Bill No. 16. It was moved b Councilman Martin, seconded by Councilman Davenport, that the rules requiring the reading of a Bill on three separate days be suspended and that Bill No. 16 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: Harrison, Keys, Martin, Carpenter, and Davenport. Negative voteec none. Absent and not voting: Banks. The Mayor declared the motion had passed by the necessary three - fourths majority and directed the Clerk to read Bill No. 16 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 Martin, seconded by Councilman Davenport, that Bill No. 16 pass. The Mayor directed the Clerk to call the roll on the above motion Which resulted as follows! Those voting in the affirmative were: Harrison, Keys, Martin, Carpenter, and Davenport. Negative votes: none. Abeent and not voting: Banks. Thereupon, the Mayor declared that Bill No. 16 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. 1106. The Mayor directed the Clerk to make proper entry of the same and to cause Ordinance No. 1106 to be published in the News - Tribune, the official newspaper of the City of Caldwell, Idaho. Letter read from Alvin Holterman, Sanitatian R.P.S. August 22, 1967 Mayor Coley Smith City of Caldwell City Hall Caldwell, Idaho Honorable Mayor Smith: On August 18, 1967, an inspection was made of a poultry operation in the company of Harry Minto employed through the office of Sanitation for the City of Caldwell. The poultry operation is located at Marble Front and Alaska Avenue within the City of Caldwell and at the time of inspection approximately three thousand chicken's were being housed and maintained at this address. Complaints in the past of this establishment have been con- cerned with Ply's, odors, dust, weeds and accumulating rubbish. On the inspection of August 18, the only problems which were apparent concerned weeds and some accumulation of rubble. Very few fly's were noted inside the poultry house and no evidence of fly breed- ing was noted. I consulted with the owner of the operation Evan Tobler regarding the situation and he stated that all birds were to be removed on Wednesday August 23, 1967 and he was un- certain as to when chickens again would be housed at this location. It would seem to me that should complaints continue the situation might bast be taken care of through Zoning. As things stand at the moment the operation is not a hazard to health it might possibly be considered as a private or public nuisance, but the courts would have to determine this. Sincerely yours, Alvin Holterman Sanitatian R. P. S. Mayor Smith informed the Council that he understood some people were going to file a complaint as a nuisance on this but that it hadn't been done as yet. Change in zoning to be considered The following letters were read for the consideration of the Councils 8 - 30 - 67 TO THE MAYOR AND CITY COUNCIL We, the Zoning Board of the City of Caldwell respectfully request that the property des- cribed in the attached letter be considered for a change in zoning from "A" Residential to "C -D" Commercial. J /S/ airman of Boa Adjustment �I J Bob Nicholas ! 321 1 August 23, 1967 Mr. Bob Nichols, Chairman Caldwell Board of Adjustment We, the undersigned, respectfully request that the following described property, belonging U us, be recommended to the City Council for a change in zoning from "A" Residential to "C -D° Commercial. The Southwesterly portion of Lots 7 and 8, Block 2, Washington Heights Addition remaining in the "A" district of the 'IA -Bs Residential Zone. IS/ Mr. Ralph Smee 2023 Arthur Mrs. on Wilbur 2015 Arthur After discussing the location of the property described and the zoning of properties in the vacinity; it was moved by Councilman Harrison, seconded by Councilman Keys, that the City Attorney be in- structed to prepare the necessary papers. A vote was taken and the motion carried. Mayor Smith informed the Council that the persons making the request would pay fees for advertising. Claim denied - Boise Paving & asphalt Co. The following information was reviewed by the City Council with regards to the filing of a claim by Boise Paving & Asphalt Co. of Boise, Idaho: PROPOSAL In substantially the following form: "We hereby submit specifications and estimates for: Whereas the City of Caldwell has: 1. provided 611 base. 2. provided 2 01 cold mix to + or - 0.05 feet of grade established by city engineer with 1 11 in ten feet slope to the South. 3. provided headers. !c. provided fencing and gates. 5. provided net posts. We propose to: 1. place cushion course. 2. place wearccat. (green) 3. place colorcoat. (green) 4. paint lines. (white) on area inside existing fence and wings: a total of 2734 sq. yds. for the sum of $4893.86 with payment to be made as follows: net: job completion.....10th. prox. .... 3G days or as provided in contract or purchase order. "Authorized signatures on proposal and acceptance ". The following letter by the City Engineer was read: June 5, 1967 Boise Asphalt and Paving 828 south 17th St. Boise, Idaho 83706 ATTR: Mr. Gary L. Gillette Dear Mr. Gillette: Enclosed is Purchase order #701 for the work in the proposal dated June 5, 1967- This work is the furnishing of a cushion course and placing of the wearcoat and colorcoat as outlined in your proposal. Also included was the painting of the lines for your proposal. Also included was the painting of the Panes for the four (L) courts. The amount of the proposal was $4,893.86. We are now placing the base courses and will lay the oil mat as soon as the weather permits. Since the weather is an important factor, I would like to know if there is any reason you could not do the work upon a few days notice. At this time it is going to be difficult to make a definate schedule. I plan to lay this mat as the first project for the oiling program of the Street Department. If you have any suggestions, as to the procedure of the construction, Please notify me at once. Yours truly, Melvin G. Lewis, P.E. City Engineer 322 The following letter was read from Boise Paving & Asphalt Company: The Honorable Mayor and City Council CITY OF CALDWELL 704 Blaine Street Caldwell, Idaho 83605 31st August 1967 Rea Extra Expense Claim: Tennis Courts $82.44 Gentlemen: We are snmbitting the attached Invoice -Claim Form for your consideration and decision. In the spring, Mr. Lewis, City Engineer, approached as for estimates on the construct- ion of tennis courts for your City. On the land size available Mr. Lewis had thought that 3 courts would be required. During our measuring and estimating, and working with Mr. Lewis, it was found that by changing the size a little, four courts could be con- structed rather than three. On the new area we adjusted our costs and materials required and submitted our bid. This was accepted and acknowledged on City of Caldwell Purchase Order No. 701. Upon completion of the ,job and subsequent analysis of costs it was found that we had not increased the painting costs from 3 courts to 4. Mr. Lewis could anderstand how this happened but, understandably, is not in a position to approve this claim. Your consideration and approval is solicited. Very truly yours, BOISE PAVING & ASPHALT C.O. /S/ Sohn F. Dodd, President A signed claim was also submitted with the following wording thereon: "Additional Costs incurred in the painting of tennis court playing lines on f tennis courts in Block 135, Strahorn Addition, City ofCaldwell. ------------------------------------------------------ 82.44 It was moved by Councilman Martin, seconded by Councilman Davenport, that we reject the claim. After discussion, a vote was taken and the motion carried. Mayor and Clerk authorized to execute Deeds Mayor Smith informed the Council, with reference to the City's agreement with Caldwell Unlimited, that it had been decided to release the two pieces of property, as agreed over a year ago, to Caldwell Unlimited and the owners involved. He also pointed oat that this was the land involved in the old one (hundred foot highway ^through the Burl Morris and Lewis Griffith's property and said that these deeds should be executed as they had executed their well agreement with the City. It "a moved by Councilman Keys, seconded by Councilman Harrison, that the Mayor and Clerk be authorised to execute Quit Claim... Deeds on behalf of the City of Caldwell conveying the City's interest in said property. A vote was taken and the motion carried. Claim denied and referred to City's Insurance Carrier - Tom W. Roberts The description of an accident on August 12, 1967 as stated by Tom W. Roberts was read as follows: "Employee of insured left check boards in Irrigation check box and went home without reproving them. Water came up in check box and overflowed onto front yard. Basement of claimant leaked and about 1" of water seeped into basement and caused damage to the boxes of personal property stored in basement." A claim was then presented as follows: "14 books (50) sheets each) printed and numbered restaurant tickets 10.00 Wig Carrier (white plastic) 5 Ironing board pad and cover 2.00 3 boxes Christmas decorations 8.00 Rusting of furnace 25,00 3 boxes Restaurant receipts (impossible to put a price on these but we must keep them for tax records) TOTAL 50.$0 After some discussion; it was moved by Councilman Harrison, seconded by Councilman Martin, that the claim of Tom W. Roberts be denied and forwarded to the City's Insurance Carrier. Matters of information to Council Mayor Smith informed the Council of the following: The Mayor reported that crab grass was getting to be a problem at the Parks and at the Cemetery. That Councilman Martin, Davenport and Carpenter along with himself bad participated in the dedication ceremony for Mr. Wickersham who had donated the land upon which is now located the Purple Sage Golf Course, last Monday at 1:30 p.m. J 323 r� Reported a letter from the City Manager of Lewiston drawing attention to the fact that the Federal Government has matching funds available to each City in about the amount of 50% for any type of water and sewer development and they were very anxious for the City to write the Governor of the State. On September 12th the Mayor stated that he was going again with the Roads and Streets Committee of the Chamber of Commerce to talk to the Highway Board in connection with the Seventh Street structure and the opening of Blaine and they would ask them to put it into their 1968 program. The Mayor reported a real problem with the Nineth Street bridge in preparing construction plans and having to do with pilings and construction of buildings there. Applications for Bartender Permits approved Applications for Bartender Permits from John D. Eagan and John E. Castillo 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 Councilmen Davenport, seconded by Councilman Keys, that the applications for Bartender Permits be approved and that the permits be issued. A vote was taken and the motion carried. Bills for End- August It was moved by Councilman Martin, seconded by Councilman Carpenter, that the warrants for claims and payrolls be approved as per list and filed ir. the City Clerk's office. Such warrants being in the total: as follows: Warrant Numbers 744 thru 805, General Fund: -------------------------------- - - - - -- $ 10,586.33 Warrant Numbers 1:11 thru 425, Water & Sewer Fund: Water -------- ------- ---- - ----- 1,130.92 Treatment Plant --------- - - - - -- 106.56 General Office ---------- - - - - -- 290.40 Warrant Numbers 710 thru 750, Special Finads: Fire -------------------- - - - - -- 612.00 Cemetery ---------------- - - - - -- 210.77 Street ------------------ - - - - -- 4,822.65 Street, Capital --------- - - - - -- 6,201.06 Sanitation -------------- - - - - -- 15.39 Sanitation, Contracts --- - - - - -- 5,668.02 Armory ----- ---- -- ------- - - - - -- 120.00 Irrigation -------------- - - - - -- 304.55 L.I.B. #61, Registered Warrants 4,500.00 L.I.D. #61 ------------ - - - - -- 3 8.92 -- $�7 Warrant Numbers 1251 thru 1327, excepting #1251, #1252, #1253, and #1254, G eneral Fund Payroll - August -------------- -- - - - - -- 30, 456.33 Warrant Numbers 1328 thru 1386, including #1251, #1253, and #1254, Special Funds Payroll - August ---------------- 16.635.90 Warrant Numbers 1387 thru 1412, including #1252, Water & Sewer Fund Payroll - Aug. -- $ 7'4 9 7 A vote was taken and the motion carried. It was moved by Councilman Keys, seconded by Councilman Harrison, that the meeting recess until 8:00 P. M. on September 18, 1967. A vote was taken and the motion carried. The meeting recessed at 9:30 P. M. - Mayor COTXCIL CHAMBERS SEPTEMBER 13, 1967 4;40 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 here- by 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 13th day of September, 1963, for the transaction of all business in connection with the following objects: Consideration of Bill No. 17 resetting the assessment and levy of a tax for General Revenue purposes for payment of the current expenses of the City of Caldwell, Idaho, and, to consider a claim for wrecker service from Mildred Smyeer. Witness our signatures this 13th day of September, 1967.