HomeMy WebLinkAbout1969-09-10city council minutes126
Warrant Numbers 704 thru 739, Special Funds: (Coal 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 (mat. Fin,) - - - - - -$ 8 5
'+ 00,00
Warrant Numbers 1307 thru 1394, (excepting #1308, #1310, #1311, and 9314)
- 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,
Au -- ---------- -- --- -- ---- --
9fiL�3i
A vote was taken and the motion carried.
It was moved by Councilman Banks, 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.
"M a MI
Y yor`
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 hereb3
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 7.30 P.M., on the 10th day of September, 1969, for
the transaction of all business in connection with the following objects: Consideration of notification from
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 Housing
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.
yor
G e n 1j
Councilman
Councilman
Mayor N. E. "Coley" Smith presiding.
Upon Roll Call, the following Councilman 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 °errac
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 Cleric of Canyon County was read:
"Your total funds or levies sub ect to Cha ter #452 of Idaho Code are over the
104 at on U4 The Ci y shoulO determine anti roll c cn — fund s
th ey wish reduced. 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 difference in the amount to be raised in 1969 for General
127
Obligation Bond and Interest purposes and the amount certified in 1968 for that same purpose with the
— question being one of whether or not this difference could be utalized by other City funds as long as the
total certification remained within the 104% and the mill levy limitations.
Mayor Sndth informed the Council that through conference with Mr. Don Downen and after his eonaul-
tation with Nr. Wm. F. Oigray, Jr., the City Attorney, It. Downen had advised that, in their opinion, the
City's position was correct and they were advising that the City's previous certification ruin unchanged.
The Mayor stated further that the Council had been called in to Special Feting to determine whether or not
they concurred in this in the event the County Commissioners were to roll back the City's certification. The
following letter was then read for approval of the Council:
September 10, 1969
Walter Fry
Clerk of the Board of Canyon County Commissioners
Canyon County Courthouse
Caldwell, Idaho 83605
Dear Mr. Fry:
We are in receipt of your notice dated September 4, 1969, wherein you have
determined that our levy is in excess of the 104% limitation of Chapter 452 of the Idaho
Code for the reason that the bond fund is to be considered outside the provisions of
Chapter 452.
We have referred this matter to our attorney and it is his opinion that the
bond fund would be included under the provisions of Chapter 452 in that said chapter 452
applies to "total revenue" and only requires a reduction where moneys are appropriated
from a fund to replace revenues lost from reduction in ad valorem taxation. In other
words, Idaho Code Section 63 -2220 provides the limitation whereby no taxing unit may
levy an ad valorem tax on property which will produce total revenue in excess of the
preceding year plus 4 %. There have been no moneys appropriated from the bond fund or
any other fund of the city to replace revenues lost from reduction of ad valorem taxation,
and in fact, if your interpretation is correct, the total revenue of the City of Caldwell
for 1969 may be less than it received for total revenues for the preceding year.
Also it is the opinion of our attorney that nothing in the act authorises the
Board of County Coamaissioners to cut back the certification of our tax levy.
In the event you determine to cut back the tax levy which was previously
certified to you, we have prepared a schedule showing how the reduction of $14,503.28
should be applied to the various funds, however, it should be understood that this is in
no way accepting your interpretation of the law. A copy of this schedule is attached
for your information.
Further, in the event the Hoard of County Commissioners sees fit to roll back
our levy, it is the intention of the City of Caldwell to seek a legal determination of
such action and hold Canyon County and the Board of County Commissioners of Canyon Omaty
-- responsible for any loss of revenue which might result from their actions.
(Schedule)
For the general fund ------------ --------------- - - - - -- $ 219,498.13
For the street lighting, street
sprinkling, oiling and flushing
- - - - - -- 146,515.17
For the fire fund ------- ------- --- --- --------- - - - - - -- 96,584.57
For the General Obligations
Bonds and Interest ----------------------------- - - - - -- 9
For the library fund -------------------- ------- - - - - -- 43,893.55
For the armory fund -- -- ----------- -------- °---- - ---- 2,198.10
For the cemetery fund -------------- --- --------- - - ° - -- 7,519.80
It was moved by Councilman Martin, seconded by Councilman Banks, that the tax levies for 1969 re-
main as certified and the Nkyor be authorised to have delivered to the Commissioners of Canyon County the
letter as read to the Council. A vote was taken and the motion carried.
Cit Clerk designated as Bond Registrar for the Housing Authority of the City of Caldwell.
Mayor Smith then referred to an action of the Housing Authority designating the City Clark of the
City of Caldwell, Idaho, as the Bond Registrar for the Housing Authority of the City of Caldwell with the
Bond Registration Books of the Authority to be kept and maintained by him. He stated that there was one bond
to be registered to the United States of America in an amount of $413,550.
I
�1 It was moved by Councilman Banks, seconded by Councilman Davenport, the the city Clerk of the City
128
of Caldwell be so designated. A vote was taken and the motion carried.
Damage claim denied - Donna M. Bledsoe
A damage claim from Donna M. Bledsoe with address given as 122 Woodlawn Dr. in Caldwell was pre-
sented for the consideration of the Council as follows:
Hit a water pipe at corner of Parkhurst & Paynter in front of Hall
Photography as I was stopping at Hell Photography.
Damage new fender skirt. ------------------------------------------------- $ 33.37
Happened on Tuesday
Sept. 2, 1969
The claim was dated September 8, 1969, was signed by Donna M. Bledsoe, and was accompanied by a
photocopy of an estimate of repairs from Burns Chevrolet Company.
It was moved by Councilman Martin, seconded by Councilman Carpenter, that the claim for damages of
Donna M. Bledsoe be denied and referred to the City's Insurance Carrier. A vote was taken and the motion
carried.
Beer License to be issued to Stephen Morton Mower in compliance with Court order
Mamorandam Decision No. 21252 in the District Court of the Third Judicial District of the State of
Idaho, in and for the County of Canyon; was reed as follows:
IN THE DISTRICT COURT OF THE THIRD JUDICIAL DISTRICT
OF THE STATE OF IDAHO, IN AIM FOR THE COUNTY OF CANYON
STEPHEN MORTON MCI'FR, )
Petitioner, )
va.
BILL RARRISON, BILL KEYS, CHUCK
BANKS, CHARLES CARPENTER, V. JAY
MARTIN and CHET DAVENPORT, as
Councilman of the CITY OF CAIMMLL,
County of Canyon, State of Idaho,
a Manicipal corporation,
No. 21252
MEMORANDUM DECISION
Respondents.
This matter came on for hearing upon petition and order to show cause directed
to the above -named respondents as to why they should not be required to grant Petitioner's
application for a license to sell beer at retail. Evidence was presented at said hearing
held on July 2, 1969, and thereupon taken under advisement upon briefs; and said briefs
now having been received and studied along with the evidence presented at said hearing, I
conclude said petition should be granted and that Respondents should be directed to issue
said requested license.
The basic reasons for my so holding are well stated in Petitioner's brief, and
the ones most persuasive to me are as follows:
1. Sections 4- 7 -4(E) and 4 -7 -13 of the Caldwell code of ordinates read as
follows:
"4- 7 -4(E) No license shall be granted to a person who is not of good moral
character and who is under the age of twenty -one (21) years, or to a person
to sell or dispose of beer by peddling, or to a person whose place of
business is in the '.A' or 'T3' Residence Zones, or within two (2) blocks of
the side or end lines of the grounds of any school or college within the
city." (1926 Code)
Section 4 -7 -13 of said Code reads:
114 -7 -13: Refusal of License: The Council reserves the right to refuse any
and all applications for beer licenses in the event the applicant does not
provide the Council with competent evidence that the applicant possesses all
of the qualifications and none of the disqualifications for a license under
the provisions of Chapter 10 of Title 23 of the Idaho We or the provisions
of this Chapter of the City Code."
Charles W. Astleford, Chief of Police of Caldwell, who made investigation of
Petitioner, reported by letter to Respondents in part as follows:
"Investigation has revealed that Mr. Stephen M Mower is a bona fide resident
of the State of Idaho, that he qualifies under Section 23 -1010 of the Idaho
Code and Section Four (4), Chapter Seven (7), Title Four (4) of the Caldwell
Code 1962; that Pi. Mower is of good moral character
"Mr. Mower has the proper lease agreement executed, and it is my understanding
that he will be the owner /mamager of this establishment.
"I can find no legal reason why a Beer license should not be issued to W.
Stephen M. Nower to operate this new place of business to be called 'The Red
Bern' and therefore reconaend approval of his application." (&aphasia supplied)
The minutes of the meeting of the city council dated May 23, 1969 in part read
as follows:
129
"A discussion followed when, in answer to the question, the city attorney
advised the council that there was no legal reason for denying that license."
2. Petitionerts application was denied upon the sole basis of the letter received
from the College of Idaho and the petition submitted by certain residents. This is borne
out by further minutes of said meeting of May 23, 1969, as follows:
"After some further discussion and on the basis of the letter presented from
the College of Idaho and the Petition bearing signatures of persona ed
to reside in the immediate area; it was moved and seconded by counCi L a nn y., mI — an
that the application for a Beer License be denied ". (ftphasis supplied)
Further:
"Mr. Eismann wan informed that the denial of the application of Mr. NOwer for
a beer license was based upon a letter from the College of Idaho and a
petition presented with signatures of persona purpo rted to reside within the
immediate area of the proposed locatior.. (Bmp ash is supplied)
3. In connection with the matter set forth in 2. above, there is no evidence
respondents made any investigation of any possible detrimental effects granting the license
would have had upon anybody or upon any property values, apparently accepting the
positions taken in said letter and said petition at face value.
4. The position of the College of Idaho prior to the court hearing was that the
geographical location of the Red Barn was beyond the distance of the proscription of the
city ordinance, and the evidence at the hearing was that certain lands owned by the College
within two block or 600 feet of the Had Barn were not considered as part of the College
campus or grounds, and that the College had no plans in the foreseeable future for using
such lands for campus purposes.
Should the position of Respondents be taken to its extreme, for example, if the
College owned a strip of land 20 miles in length and were used for any purpose such as
rental income property unconnected in spy way with academic purposes no license could be
issued within two blocks or 600 feet of any place along the entire 20 -mile strip.
5. The City Council, at the time of the refusal to issue the beer license, did
not deny the license upon the ground that the Bed Barn was within two blocks or 600 feet
of College property.
6. Respondents in subparagraph 3 of paragraph VI of their Answer place reliance
upon Section 4 -7 -6 of said Code, which reads as follmm,
"4 -7 -6: Conduct of Business; All places of business where a license is
granted under this Chapter shall be conducted so as not to be a menace to
the health, peace, safety or general welfare of the City, or permit persons
to become loud, tumultuous, disorderly or create a disturbance of any kind.
The Chief of Police, or any authorized officer shall at all times during
business hours have the right and privilege of going upon the premises and
taking samples of beer or other beverages sold under the provisions of this
chapter.
"It shall be unlawful for any person to sell beer within the city to any
person under the age of twenty (20) years of age."
As I read this provision, such is effective only after a license is granted and
cannot be construed as a reason in advance for denying a license if an applicant is
otherwise qualified.
In conslusion, although this case perhaps might be considered as sounding in
Mandamus, which is a special proceeding, I conclude no costs should be allowed.
Counsel for Petitioner will please prepare and submit formal Findings of Fact,
and Conclusions of Law with sufficient detail to support the import of this memorandum,
together with proper order directing Respondents to issue the requested license.
Dated this 2nd day of September, 1969.
S Gilbert C. Norris
District Judge
OCNefhw
Cc: Samuel Bismann
Wm. F. Gigray, Jr.
After a brief discussion; it was moved by Councilman Banks, seconded by Councilman Martin, that
he Beer license be issued to Stephen Morton Mower in compliance with the Court Order. A roll call vote was
alled for when the following Councilmen voted in the affirmative: Banks, Martin, Carpenter, and Davenport.
Negative votes: none. Absent and not voting: Harrison and Keys. Mayor Smith declared that the motion had
carried.
Councilman Martin commented with regards to the Beer License as follows: "I think the action we
took in the initial instance ended up with a couple of us voting against denying the license being put in a
little bit of a bad light publicly because the action was taken on a moral issue basis without any regard
for the Code that applies and, the pecular thing, when things develop like that and you explain why you vote
130
the way you did, the press fails to get that part of it in the paper and, while Tim not particularly interest
ad in seeing a lot of beer licenses issued, I think our action was ill advised and I'm happier to have been
a little bit vindicated tonight.^
Councilman Davenport stated that he felt the same way.
Mayor Smith commented in that he thought this situation would need to be discussed with the
Council in that the Council was empowered and charged with a responsibility in issusing licenses and should
not be trying to establish moral rights by refusing to make or second a motion on beer and lieaor license
applications. He said it had a tendacy to make it look like the person who made the motions was in favor of
the license and he didn't think this was right because everyone was charged with the same responsibility.
It was then moved by Councilman Banks, seconded by Councilman Davenport, that this Special Meeting
adjourn subject to the previous motion for recess. A vote was taken and the motion carried. The meeting
adjourned at 8:15 P. ML
v N�
myo
COUNCIL CBAMIDEBS
SEPTEMBER 15, 1969
8 :00 F. M.
The Council met pursuant to recess and acknowledgement of notice in the following form:
We, the undersigned Mayor and Mbmbers 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 Ball in the City of Caldwell, Idaho, at the hour of 8 :00 P.M., on the 15th day of Septenber, 1969, for
the transaction of all business in connection with the following object: New and unfinished business.
Witness our signatures this 15th day of September, 1969.
Mayor
Mayor N. E. "Coley" Smith presiding.
Upon Boll Call, the fallowing Councilmen answered present: Charles C. Banks, William S. Harrison,
James W. "Bill" Keys, V. Jay Martin, C. A. "Chet" Davenport, and Charles W. Carpenter.
intent of City regarding adjustment of mill levy certified
As the first order of business, Mayor Smith informed the Council of a call from the Chairman of
the Canyon County Board of Commissioners. He said they had certified the City tax levies to the State of
Idaho on the basis of the roll back of the $11:,503.28.
the City Attorney, Wm. F, Gigray, Jr. then informed the Council in that the Canyon County
Commissioners did not loo}: upon the action of the City as an unfriendly act; they realized that the low was
as stated and that there are two views in this regard; however, they would like, if the City was going to
challenge it, that they do so immediately and the Lbunty would stipulate the facts with the City. He said
the problem the Commissioners had was that they had to assess, through the Treasurer's office, the taxes on
all properties in proportion to the levies and this needs to be done. Also, there was a certain amount of
personal liability involved and they were concerned about this.
Mr. Gigray then advised the Council that he thought, if they were truly going to stand on the
initial levy and question whether the section pertaining to the Bond and Interest was included in what was
commonly referred to as B.B. 30b, the facts should be stipulated as to exactly what was jointly agreed to ac