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HomeMy WebLinkAbout1969-09-15city council minutes130 the way you did, the press fails to get that part of it in the paper and, while I'm 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 bean 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 liquor 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. M. 26 �- 1 COUNCIL CBAMBERS SEPTEMBER 15, 1569 8:0o 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 recessed meeting of the said City Council to be held in the Council Chambers in the City Hell in the City of Caldwell, Idaho, at the hour of 8:00 P.M., on the 15th day of September, 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 Roll Call, the following 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 $14,503.28. The City Attorney, Win. F. Gigray, Jr. then informed the Council in that the Canyon County Commissioners did not look upon the action of the City as an unfriendly act; they realized that the law was as stated and that there are two viewa in this regard; however, they would like, if the City was going to challenge it, that they do so immediately and the County 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. ULgray 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 H.B. 304, the facts should be stipulated as to exactly what was jointly agreed to an 131 be submitted to one of the .judges for a decision. He added that this wouldn't be the answer completely because it would be subject to repeal to the Supreme Court for a final disposition and he would presume this would be a procedure to be followed by either side eventually. Mr. Gigray also commented in that when the law was being interpreted, the intent of the Legislature was a matter for submission. He also referred to the procedures provided for requesting increases by holding an election or by going before the Tax Gammissio and pointed out that, in this instance, there had bean no way to know of the present interpretation in time to have taken action within the time allowed. Also, that should the Council want a determination on the validity of the law, without requesting its enforcement even though it were determined in the City's favor, for this year, this could probably be done. After considerable discussion; it was moved by Councilman Partin, seconded by Councilman Banks, that it is not the intent of the City of Caldwell to challenge the adjustment of the levy as made by the County Commissioners through the County Clerk unless, in the interest of an interpretation of the law at the County's request, this be a matter of litigation. A vote was taken and the motion carried. Mayor Smith stated that on the next day, he would inform the County Commissioners of the action taken. Resolution No. 21 Councilman Keys sponsored the following Resolution and moved its passage: RESOLUTION N0. 21 BY COUNCILMAN KEYS RESOLUTION DESIGNATING THE POLLING PLACES FOR THE REGULAR BIENNIAL MINICIPAL ELECTION FOR THE CITY OF LWELL, IDAHO, TO BE HELD ON NOVEMBER 4, 1969, AND ORDERING THE CITY CLERK TO GIVE NOTICE OF SUCH ELECTION. HE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF CALDWELL, IDAHO: Section 1. That at the regular biennial municipal election to be held in and for the pity of ldwall, Idaho, on the 4th day of November, 1969, at which time there will be elected a mayor and three uncilmen at large to serve for a term of four years, or until the election and qualification of their ccessors; the following are designated as the polling places for such election: FOR THE FIRST PRECINCT: The County Courthouse between 11th and 12th Avenues on Albany Street. FOR THE SECOND PRECINCT: The Student Union Building on the College of Idaho campus. FOR THE THIRD PRECINCT: The Methodist Church at 824 East Logan Street. FOR THE FOURTH PRECINCT: The City Hall at 704 Blaine Street. Section 2. That Sohn L. Englehart, City Clerk, is hereby designated as Registrar, and the follow- ; as Deputy Registrars: Dorothy Partin, Deputy City Clerk, Edna Barnette, 619 North Ninth Avenue, First cinct, Margurite Ball, 2118 Iowa Avenue, Second Precinct, Ruth L. Strate, 208 South Foarteanth Avenue, rd Precinct, and Elsie Howard, 1622 Arlington Avenue, Fourth Precinct. That the Clerk, for and on behalf of the Mayor and City Council, shall give public notice of the .e and place of holding such municipal election by publishing such notice in at least two issues of the s- Tribune, a newspaper printed and published in the City of Caldwell, Idaho, the first publication of such ice to be made not less than 4$ days previous to the date of such municipal election and the last publica- n not more than 15 days previous to the election; the notice so published shall state the place of regis_ tion and the name of the Registrar and the Deputy Registrars, and the requirements for election of elector such municipal election and such other facts as may be necessary to give full facts of such election and egistration; said notice to contain such facts and be given in accordance with the requirements of Section 0 -407 of the Idaho Code. The motion for passage was seconded by Councilman Harrison. A roll call vote was celled for when he following Councilmen voted in the affirmative; Banks, Harrison, Keys, Martin, Carpenter, and Davenport. agative votes: none. Absent and not voting: none. Nnyor Smith declared that Resolution No. 21 had passed quest for removal of property from within Gity limits denied - Pete Echevarria Mayor Smith then referred to the request of Mr. Pete Eohavarria for the removal of three acres of is property from within the City limits as discussed at the meeting held on September 2, 1969, with said re- uest having tabled until this meeting. 132 Reports of having looked at the property were given and after some discussion; it was moved by Martin, seconded by Councilman Keys, that the request be denied. A vote was taken and the motion Report on Caldwell Rural Fire Protection District Agreement Mayor Smith then reported that the Agreement between the Caldwell Rural Fire Protection District and the City had not been executed and returned to the City; that he had talked to the City Attorney and with the Attorney for the Caldwell Rural Fire Protection District in this regard and he wished to inform the Council that there had been some ten months now without an Agreement. the City Attorney informed the Council that he understood that the roll back in taxes had been so great on the Caldwell Rural Fire Protection District that they didn't have enough money under their present levy to meet the conmi.ttments they had with the City at the present time; that they did apply to the State Tax Commission for an increase but the increase, as he understood it, was just sufficient to most the present costa that they have; that they didn't receive the full increase requested. He said though that he thought the City would either be getting the signed agreement or a counter proposal of some sort. No further action was taken by the Council. Mooting announced for the following day Mayor Smith announced to the Council that on the next day, Mr. Ensign, who represented a mutual funds sales company and combination insurance company, had requested a meeting at 4 :00 o'clock in the after- noon with as many Councilmen and Department Heads as could be here. He said it was a voluntary program and some other men were coming in to explain a totally new concept of a retirement plan which wouldn't cost the City aM monies but would make an opportunity available for the employees of the City to enter into a real good savings program and life insurance program for even those who otherwise were an- insurable. Letter from U. of I. referred to Recreation Board The following letter from the University of Idaho was read and referred; Sept. 1, 1969 Mayor N. E. "Coley" Smith City Hall 704 Blaine St. Caldwell, Idaho 83605 Dear Mayor Smith- Enclosed is the program and pre- registration form for our Short Course "Outdoor Recreation Resource Planning and Funding" with the hope that you and your associates will be able to attend. If you are not in a position to be here, please encourage your fellow City officials, County Commissioners or Agency staff members to be here. This will be an excellent opportunity for you to see how the planning and funding process works through the use of work sessions. The Planning specialists on the program should stimulate ideas for recreation site development whether grants- in-aid funding is involved or not. They represent the key State and Federal people you will be working with for actual fund application. Our cc- sponsor, the Idaho Recreation and Parks Society, is holding their annual meeting in conjunction with the Short Course. Gerald Pelton, Chief of Planning Section, State of Washington, featured banquet speaker, will have a message for us all. This will be an outstanding weekend in Moscow with the U. of I. - I.S.U. football game and other social activities. Tile look forward to having you with us. Please send back the registration slip -- a return envelope is enclosed. Don't forget to make your motel reservation! Sincerely yours, /e/ Turing M. Jones Loring M. Jones Forest Recreation Planning and Research Specialist LMJtdm Encls. After a brief discussion; it was moved by Councilman Davenport, seconded by Councilman Banks, that the letter be forwarded to Mr. Ward Stone, Chairman of the City Recreation Board. A vote was taken and the motion carried. Request of Mr. Vern Rudolph for vacating sewer easement approved Mayor Smith referred to a sewer utility easement previously given to the City by Mr. Vern Rudolph and he informed the Council that Mr. Rudolph was now requesting that the easement be vacated. The Mayor sai- the easement was located in the Cinderella Park area at Rudolph Street and since the sewer was placed in 133 another location other than the one for which the easement had been intended, Mr. Rudolph was requesting the vacation of that easement. A map showing the location of the easement and the sewer location had been prepared by the City Engineer and was presented with the request. It was moved by Councilman Martin, seconded by Councilman Keys, that the vacation of the easement be authorized. A vote was taken and the motion carried. It was then referred to the City Attorney for preparing the necessary documents. Requests for water line extension approved City Engineer Mel Lewis informed the Council of a request by Mr. Ralph Oushwa for a water line extension on Sunset, north of Elm, and said it was felt a six inch main would be required with the cost of the extension being approximately $9$0.00. Also, a request from Mr. Wayne Bishop for a water line extension on Teton north of Lincoln. He said that Mr. Bishop was interested in developing this area and he thought what he wanted to know if the City would eventually put the extension in. This would be a six inch main at an approximate cost of 1$1,762.00. Mr. Lewis informed the Council that he thought the pipe and funds would be available in the budget for the $980.00 extension but for the other, it would be necessary to order pipe again and he would suggest that an attempt be made to put in a 100 foot extension now and that Kr. Bishop begin development on the soatt era end. Mr. Lewis stated that he couldn't logically say how fast the areas would develop but that Teton area was primarily residential with some interest in its development Mayor Smith stated that he thought it advisable to put in the main extensions without participatiox and that he thought Hr. Bishop would agree to the City putting in 100 feet for a beginning on the south aide for this year with the understanding that the City put the water main in as the property was developed, if finances were available. He pointed out that this would only apply to extending the main as the property was developed from the south and not to provide service the entire distance now for construction on the north end of the development. After some further discussion, it was moved by Councilman Harrison, secanded by Councilman Keys, that the water main extensions be approved without participation on the basis as outlined. A vote was taken and the motion carried. Applications for Pool and Card License approved Applications for renewal of Pool and Card Licenses for the fourth quarter of 1969 were presented for the consideration of the Council as follows: Lao M. Kunz d/b /a See & I Restaurant at Route # 3 - Fee, $15.00 (Pool) Gerald 0. Talbot d/b /a Talbot Lanes at 506 West Aven - Fee, $15.00 (Pool) Arthur E. Boo'_s d/b /a Western Beer & Lunch at 707 Main St - Fee $15.00 (Card) Paul Nunn & Lela Walld/b /a Pee Wee's at 315 No. 5th - Fee $15.00 (Pool) Roy Frank d/b /a Roy's Sport Shop at illy So. 7th - Fee $30.00 (Pool & Card) Each application was accompanied by a receipt from the Clerk for the required fee. It was moved by Councilman Banks, seconded by Councilman Davenport, that the applications for Pool and Card License renewals be approved and the licenses be issued. A vote was taken and the motion carried. An application for a Pool and Card License for fourth quarter of 1969 from Stephen Mower d/b /a The Red Barn was presented for the consideration of the Council. The applications were accompanied by a receipt from the Clerk for the required fees. It was moved by Councilman Banks, seconded by Councilman Keys, that the applications for a Pool and Card License from Stephen Mower d/b /a The Red Barn 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 John Derek Collett, Robert Alvin Pommerening, Jr., and Jean Newnsm 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 Carpenter, 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. Bills for Mid- Soptember It was moved by Councilman Martin, 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: WE Warrant Numbers 671 thru 706, General Fund: --------------------------------------- $ 3,796.71 Warrant Numbers 433 thru 459, Water g Seater Fund: Water--------------------- - - - - -- 681.03 Water, Capital -- --------- - - - - -- 1,745.90 Treatment Plant ---------- - - - - -- 391.37 Water, General Office ---- - - - - -- 365.44 Water Deposit Refund ----- - - - - -- 30.00 Warrant Numbers 740 thru. 804, Special Funds: Fire --------------------- - - - - -- 795.67 Cemetery - --------- ------- - - - - -- 50.14 Street ------------------- - - - - -- 7,373.78 Street, Capital ---------- - - - - -- 1,486.52 Sanitation --------------- - - - - -- 43.25 Irrigation --------------- - - - - -- 291.95 - L. L D. #64 --- ----- ------- - - - - -- 127.70 L.I:D. #64 (Int. Fin.) - -- - -- - - -- 1 400.00 $1�.TS A vote was taken and the motion carried. It was moved by Councilman Keys, seconded by Councilman Davenport, that the meeting adjourn. A vote was taken and the motion carried. The meeting adJourned at 9:10 P. M. WE A COUNCIL CHAMBERS OCTOBER 6, 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 Councilmen answered present: Charles C. Banks, William S. Harrison, James W. "Hill" Keys, V. Jay Martin, Charles W. Carpenter, and C. A. "Chet" Davenport. Request for Special Permit for Mobile Home approved - Caldwell Memorial Hospital Mr. John Hayman, Administrator at the Caldwell Memorial Hospital, was recognized. Mr. Hayman told the Council that the Hospital was lacking in space and that they would like to put a Mobile Home for office apace outside of the lab; that they were tremendously crowded and were in the throughs of buying some more equipment to help automate the lab a little more and would like to move their patholigist and his secretary out of the main lab area and also put one smiall ekg department outside. He said that in doing this they fel it would give them a little breathing room until they could get their plans drawn for another- addition which t he thought would be necessary within about two years. Mk. Hayman then presented a plat of the Hospital and indicated the planned location at Arlington next to the present lab location with the office space being 10 feet wide and approximately 50 feet long wit] 3 feet remaining to the curb. He said it wcold be a temporary building and would have no plumbing but would be hooked up for electrical service and heat; that they hadn't planned to put a foundation under it but had planned to stabalize it. Mayor Smith explained the problem of placing a mobile home there in view of the building code and explained that it could only be done on a special permit basis at $25.00 per year. The possibility of using what was called 'half- wides' and the possibility of these meeting the building codes was discussed and Jr. Hayman said that he didn't think the type of unit would be of any great advantage or disadvantage to them as they needed the apace although it would be needed strictly for office space. It was also pointed out that the building would be to close to the property line and a variance would be needed. Mr. Hayman explained the problems in locating the office apace elsewhere due to the electrical vault and its ventilating system, etc. Mr. Gigray, as a member of the Hospital Hoard, further explained the problem and said that this appeared to be a simple solution to a bad problem. In further discussion of the use of a Mobile Home rather than shelf- backs' in relation to set backs from the property line and the temporary use of the structure, Ma•. Hayman told the Council that he thought