HomeMy WebLinkAbout1970-10-05city council minutes40Z
vote was taken and the motion carried. The meeting adjourned at 4!15 P.M.
I
COUNCIL CHAMBERS
OCTOBER 5, 1970
The regular monthly meeting of the City Council met in the Council Chambers of the City Hall with
Mayor Charles W. Carpenter presiding.
Upon Roll Call, the following Councilmen answered present: Alfred H. McCloskey, James W. "Bill"
Keys, V. Jay Martin, C. A. "Chet^ Davenport, and James R. Dakan. Absent: Charles C. Banks.
Girl Scout Cadet Troop //415 in attendance and welcomed
Mayor Carpenter welcomed Girl Scout Cadet Troop #415 to the meeting and said that he hoped the
meeting would be very informative to them and that they would enjoy the moments they spent here with the
Council. He introduced Mrs. Frank Raney who told the Mayor and Gotmeil that the Girl Scout Troop was attenc
ing the meeting as they were all working on a contest for a my govarnment badge.
Variance granted for construction of Church
Reverend rail Davis was then recognized and he told the Council that some time ago, the official
I Board of the Treasure Valley Christian Church had made a request of the City Council through the appropriate
Commission for the opportunity to build a Church building on Morrison Street and that, up until this time,
they had not had any result of any action taken by the Council and were wondering what the status of this
request was and where they go from here.
Mayor Carpenter told Reverend Davis that, as he remembered it from a previous meeting when it had
been brought to the Council's attention, at that time there were conversations and studies and proposals
being made for the possible change in the runway at the Airport, and, also the proximity of this property
being in line with the, Airport runway; that it was the consideration, at the time, to withhold any action
until some of these things were being determined so far as the Airport facilities were concerned, The Mayor
stated further that he understood that the property was outside the limits required under the FFA ruling fox
distance from the and of a runway and he inquired of City Fhgineer Mal Lewis if this was correct.
Mr. Lewis answered that he was sure that it was and it would have to be an exceedingly tall build-
ing to be in the flight plan although they could put a ^spire on the building.
Councilman McCloskey informed Reverend Davis that he would be inclined to go along with the reques
upon the condition that they not complain if there was to much noise from planes flying over the Church.
Reverend Davis answered in that the information that their Ward had, or their determination was,
that they felt this was close to the landing pattern but very seldom was this a takeoff pattern and their
feeling was that in landing patterns, there wasn't nearly such a high level of noise that it would be dis-
tracting and that their people could be willing to accept this responsibility. Rave -end Davis stated also
that the building was not yet designed and the design would, of necessity, come within any problems so far
as height or anything like this that might place more restrictions because of the proximity to the runway.
He said they did not envision more than a one story building, that it would be a single story structure with
a daylight basement and with no exceptional high spire.
Councilman Keys informed the Mayor and Council that he thought the hesitancy of the Board of
Adjustment to go ahead and authorize* this was not because it was a large building but because of the con-
gregation of many people at certain times and, if there were failure on take -off, it would certainly be a
catostrophy. He said that he was quite sure that this had a lot to do with their reticence to go ahead and
approve it; however, he and Councilman Martin had been oat and had looked at this quite extensively the othe
evening and he thought that, if the building was designed as a rather low silhouette building, there
shouldn't be any problem so far as the Airport was concerned. He said there was always this problem and it
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was becoming moreso with many airports where buildings were being crowded around it and, in the mind of e
pilot, it places him in that much more of a precarious position. Councilman Keys stated then that he could
see no reason why this variance shouldn't be allowed.
Mayor Carpenter said there was another thought in regards to the location of this property and this
was the present condition of Morrison Street as the City only has one -half of the right -of -way from South
Kimball Avenue on in and, he siad this could present a problem here; that it would be nice if this additiona:
right -of -way could be acquired whereby the street could be widened and he suggested that some of the Church
Committee members might help in this although the property was easily accessible from Parker and also from
Sunset. He said he was not mentioning this as a condition for a variance but was only soliciting
cooperation.
The need for a variance from the Council for building a Church in this location wag briefly
questioned when it was reported that the Board of Adjustment chose not to act and had referred the request
for variance to the Council.
It was then moved by Councilman Keys, seconded by Councilman McCluskey, that the variance be
granted. A vote was taken and the motion carried.
Request for variance granted - Dwayne Merritt
Mr. Dwayne Merritt was recognized and told the Council that he would like to ask for a variance on
property at North 3rd and Joliet to erect mobile homes on lots per City Code.
In answer to the question, the Building Inspector located the property referred to on the City map
and said it was in Block 98 with Mr. Merritt owning one -half a block; that there was a small house there on
the corner at the present time which was facing Third Street and those requested now would be down Joliet
Street, across from Mr. $skin's property. He said the permits had not been issued in that there wasn't
icient square footage in the property for compliance with the City's ordinance, without variance.
Councilman McCluakey stated that he had driven out there and he could see no reason for stopping
Merritt from putting a couple of nice mobile homes in that area.
In answer to the question, Mr. Merritt stated that he had received a permit for one mobile home
a and he was requesting permission to place two more; that he had enough property there to put in six
tional units besides the one unit he had there now. He said he had one hundred thirty six feet frontage
in deeded property on North Third and three hundred forty six feet along Joliet; that the lots figured out
68' by W. Mr. Merritt also told the Council that he didn't plan on selling any of the property but was
renting the spaces.
In discussion, it was determined that plans were for placing at least one mobile home on the inside
of a lot, not facing a street right -of -way; however, in requesting permits now for placing two mobile homes
on the property, Yr. Merritt stated that if it were permissible, he would place the two homes so they would
be facing on Joliet and on fifty foot lots.
Councilman McCluskey moved that a variance be granted for the placement of two mobile homes; after -
which, he withdrew his motion and requested that an outline of the area be drawn on the blackboard.
After some further discussion.; it was moved by Councilman Dakan, seconded by Councilman McCloskey,
that a variance be granted for use of the next two spaces to be used for mobile homes, facing Joliet, on a
minimum of fifty foot lots. A vote was taken and the motion carried.
Offer to purchase City truck rejected - Mr. loo 'Tuttle
Mayor Carpenter informed the Council that he had received a request from a Mr. Leo Tuttle to pur-
chase an old army truck belonging to the City. He said the truck was purchased after the war and had been
used for a while in spraying and also to pull some trees in the Cemetery; was last used in 1956 for spraying
and just off and on during the last five years to pull some trees and was now in Mr. George Hammar's yard.
The Mayor told the Council that Mr. Tuttle wanted to purchase the truck for parts to fix a truck he owns and
had offered the City an amount of $2$.00; that ix. Cooper had said the blower could be removed and he under-
stood that Mk. Hammar had paid about $350.00 for it after the war as surplus property; that now the tires war
pretty well rotted and it would cost something to fix it so it would run.
City 12;gineer Mel Lewis suggested that the Council consider rejecting the offer and, should it be
40 °.
ad to sell the truck, that it be placed up for bid as he thought there was a hoist on it that was worth
than the amount offered.
It was then moved by Councilman Keys, seconded by Councilman McCloskey, that the offer from Mr.
Tattle for the purchase of the truck be rejected. A vote was taken and the motion carried.
Model ordinance for abatement and removal of wrecked or inoperative vehicles referred back to Sanitation &
Beautification Commission
Mr. Lonnie Spath addressed the Mayor and Council and presented copies of the Model Ordinance pre-
viously considered and Councilman McCloskey told the Council that Yr. Spath and The Sanitation & Beautificati
Commission, as a whole, had more or less revised it. He said they knew there were some *is- spelled words in
it and that it possibly wasn't all right but it was something for the Council to consider and Councilman
McCluskey then proceeded to read the proposed ordinance.
Various Sections were discussed when 1111ancilman Martin referred to the last line under Section 9
which said: "these funds will be placed in a special account where they will be disbursed by the Caldwell
Sanitation & Beautification Commission as needed ". He then inquired for what purpose.
Mr. Lonnie Spath stated that the Sanitation & Beautification Commission had one purpose in the City
and this was to keep the City looking respectable and, they had many ideas in mind for beautification for the
City which would take funds and they had no way for raising funds within the Commission itself. He said they
thought, if they could work on this thing through the other departments, possibly through what little they
could make oat of this, there were a lot of things that could be done in the City to beautify it.
Councilman McCluskey stated that it was planned for this to be turned over to the City Attorney to
be written up and that Mr. Spath was one of the few on the Commission who had taken a real interest in this
and just getting the Sanitation & Beautification Commission a few funds sure might help.
In answer to the question, City Attorney Wayne Davis stated that his off hand opinion right at the
present time was that the Caldwell Sanitation & Beautification Commission could not have the authority to
accept fonds from this source and keep the funds in a separate account; that it would have to be a City
expenditure and would have to come through the City funds. He added that he hadn't briefed the matter but
didn't believe this would be the standard procedure; however, perhaps in the planning of the budget somethi
could be done but that it would come under the general expenditure of the City and the citizens would then
have an opportunity to meet and approve, etc.
Councilman Keys then referred to Section 5 which read: "Any member of the police department,
building Department or the Sanitation & Beautification Commission may order any junk motor vehicle, vehicles
or parts thereof removed within 10 days ". He inquired if it was their intent for the Commission to tag thee.
vehicles and he was answered in the affirmative and Mr. Spath stated that they had all ready taken care of
between 75 and 100 cars in the City that had been nothing but an eye sore for many, many years with no one
having done anything about it.
Councilman Martin then referred to Section 9 where reference was made to an impounding yard and
suggested that it might be discussed as to where this might be on City property and what might be involved
in expense, assuming that some of these vehicles would be impounded and were saleable; whether it would need
to be fenced and lighted to prevent plundering from auction to auction, or in other words, they didn't want
500 cars until they had a place to put them.
The Police Chief then explained the procedures presently used where they had received complaints
and said that after marking the tires and waiting a reasonable length of time, they would call a wrecker to
impound the vehicle; that they would attempt to locate the owner and, if they couldn't; then the garage sells
the vehicle for the towing charge and storage.
With regards to Councilman Martin's question on a location for placement of cars so impounded, Mir.
Spath abated that he had talked to a few around town who had the facilities to hold the cars and also to
people who would be interested in buying the cars and said they would purchase the stuff that was salvageabl¢
and then, the excess they could get from this would go into a special fund for paying someone to haul this
stuff out; also, there was going to be a certain amount that he could use too.
Councilman Martin referred again to the wording where cars were to be auctioned and said there
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still needed to be a place where the cars could be impounded and left alone until there were enough to con-
duct an auction.
Mr. apath stated that he thought for 95% or a higher percentage of these cars, there wouldn't be
anyone interested in buying but would just be Junkers and the only interest would be in salvage.
Councilman Keys stated that he thought they were probably on the right track if they could work out
the problems discussed here at this meeting and perhaps they could get it worked out before the first of the
year and get it passed so they could appropriate funds for it and get it moving.
In answer to the question, City Attorney Wayne Davis told the Council that; there would be no
excuse from enforcing such an ordinance carefully and, if a car would run or was of some value, a great
effort should be made to try to find the owner.
The area in the vacinity of the City Shop and at the Sewage Treatment Plant was discussed as
possible sites when City Engineer Mel Lewis stated that he couldn't recommend the property at the Sewage
Treatment Plant being used for this purpose and said that, if any of the property in the vacinity of the Cit;
Shop was used for an impounding yard, he would think it should be fneced and lighted. The old dump site on
Elgin and the one on West Belmont were suggested also when the City Engineer stated that he would question
these sites as well as the gravel pit area for the impounding of anything of value.
In as much as it appeared that much of anything couldn't be done until after the first of next yea.
it was moved by Councilman Davenport, seconded by Councilman McCluskey, that the matter be referred back to
the Sanitation & Beautification Commission to see if they could make a few changes, clarify some of the
things with the City Attorney, and investigate possible locations for impounding; then bring it back before
the Council for consideration. A vote was taken and the motion carried.
Councilman Keys stated that he thought they needed to let these people know that they were one
hundred percent behind them in this and similar expressions were made by other members of the Council presen
and by Phyor Carpenter.
Appointment mad- to Administering Board of the Office of Economic Opportunity Programs for Canyon County
The following letter from W. C. Norberg, Jr., Chairman of the Board of County Commissioners, was
read:
September 15, 1970
Mayor Charles Carpenter
City Council
City of Caldwell
Caldwell, Idaho 83605
Gentlemen:
Several months ago the Canyon County Board of Commmissioners applied for and received
jurisdiction of the Office of Economic Opportunity Programs within Canyon County, pre-
sently being administered by the Canyon County Community Committee, Inc.
Part of the proposal was that a new Administering Board should be organized in lieu
of the Canyon County Community Committee, Inc. and take over the administration of the OEO
programs, effective November 1, 1970. This date is the beginning of the program fiscal
year. It was the concensus of this Board that a new identity should be created and that
the new Administering Boards fiscal year should be the same as that of the OEO. All
appointments to the Board shall become effective November 1, and terminate October 31 of
any given year unless otherwise provided.
Therefore, this Board is in the process of creating the new Administering Board as
provided in Public Law 90 -222 and OEO Regulations.
Your entity shall have one representative. That person should be a member of your
city council and shall serve for an indefinate period of time at the pleasure of your
city council or a period not to exceed his term of office as a member of the city council.
(Organization Structure Enclosed CAP form 71)
It is tentatively planned that an organizational meeting of the new Administering
Board will be held at 8:00 P.M., October 6, 1970, at the County Building in Nampa, Idaho.
Therefore, it is auggested that the name of your appointee be submitted to this Board no
later than September 30. Also, that person should be notified of the time and place
mentioned above.
Sincerely yours,
W.C. NORBERG, JR., Chairman
Board of County Commissioners
P%yor Carpenter stated that for the past few years he had served as a member of the Canyon County
Commaunity Committee through appointment by former Mayor N. E. "Coley" Smith and that, at this .time, he would
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to ask the Council for their approval of the appointment of Councilman Jim Dakan to represent the City.
It was moved by Councilman McCloskey, seconded by Councilman Martin, that the appointment of
Councilmen Dakan to serve as the City's representative on the new Administering Board be approved. A vote
maa taken and the motion carried.
Report presented by Councilman Martin on meeting concerning CH reconnaissance study relative to waste
collection and treatment ,.roblems
Councilman Martin then presented a written statement to the Mayor and Council as follows:
Caldwell, Idaho
October 5, 1970
Mr. Mayor & City Council:
For some time we have been aware that both the City of Caldwell and the J. R. Simplot Co.
have been faced with waste collection and treatment problems. Within our City these
problems relate to treatment plant improvement and collection system expansion. J:R.
Simplot Company's problems relate to secondary treatment and disposal as a growing pro-
cessing industry.
The City of Caldwell and the J. R. Simplot Co. jointly contracted with Cornell, Howland,
Hayes & Merrifield, professional engineers and planners, to donduct a reconnaissance study
of these waste collection and treatment problems.
We now have this CH stud;- in report form.
The study has been reviewed in detail, first in a meeting with the City Council Water &
Sewer Committee together with o Mayor, Public Works Director, representatives from the
J. R. Simplot Co., GH M, and later with these people and our full City Council.
The reconnaissance study explored alternate approaches to the waste collection and treat-
ment problems of both entities, and recommended that a combined facility would be the
most economical solution for both J. R. Simplot Co. and the City of Caldwell, if 50%
Federal plus 25m State of Idaho participation funding is available.
The next step required is to make formal application for this participation funding, and
this requires an additional expenditure of $1200.00 for further professional work by CH
in order to qualify our application. The Simplot Co. has agreed to pay $600.00 of the
$1,200.00 required.
Tb bring this matter before the Council for discussion, I will move that we approve the
necessary $600.00 expenditure for this additional professional service, and that we join
with the Simplot Co. in filing an application for participation Federal and State funding
at the earliest possible date.
The motion was seconded by Councilman McCloskey
In discussion, Councilman Keys stated that for any expansion in either residential or industrial
development of the City, the number one priority was for adequate sewer facilities which meant the sewage
disposal system as well as the lateral lines and seepage lines. He said he felt that the City should give
this top priority and proceed with the filing of the application.
A vote was then taken and the motion carried.
Resolution No. 19
Councilman VArtin sponsored the following Resolution and moved its passage:
RESOLUTION NO. 19
BY CODNCILM N MARTIN
WHEREAS, The City has deposits of certain reserve and dedicated funds, as well as certain other
idle funds which are in excess of available monies on deposit over and above the reasonably anticipated
expenditures chargeable to those monies, taking into account the dates at which such expenditures may be
expected to occur, and
WHIMS, It is the desire of the City Council of the City of Caldwell, Idaho, that such funds be
invested in Federally secured investments from time to time in accordance with, and as provided for by law;
NOW, THEREFORE BE IT R SOLOED, That the City Treasurer be and is hereby authorized to infest such
funds in accordance with the provisions of Sections 50 -1013 and 57 -131 of the Idaho Code.
The motion for passage was seconded by Councilman McCluskey.
Mayor Carpenter explained that there were times when the City would have on deposit certain funds
that were in reserve or dedicated, or were budgeted for future use and rather than to have these funds
remain idle in the Bank, they could be invested and to drawing interest.
Councilmen Martin stated that the City Treasurer had been making investments which had been quite
satisfactory and that she felt she should have authorization from the Council to continue to do so. He also
stated that the present City Treasurer uas going to retire in March of next year and a Resolution of this
407
sort seemed quite appropriate so far as the new Treasurer was concerned.
A roll call vote was called for when the following Councilmen voted in the affirmativet Uokan,
Davenport, Martin, Keys, and McGloskey. Negative votes; none. Absent and not voting: Banka. Mayor
Carpenter declared that Resolution No. 19 had passed.
Resolution No. 20
Councilman Martin sponsored the following Resolution and moved its passage:
RESOLUTION NO. 20
BY COUNCILMAN MARTIN
k RESOLUTION AUTHORIZING THE TRANSFER OF FUNDS.
WHEREAS, there is a shortage to meet the budget requirements of the General Fund of the City of
Caldwell, Idaho; and
WHEREAS, there is an excess of funds in the Water Fund over the requirements necessary to meet the
budget of said funds;
NCW, THEREFORE, BE IT RESOLVED, That the Treasurer of the City of Caldwell be and she is hereby
authorized to transfer into the General Fund of the City of Caldwell from the Water Fund the awn of TdENTY
TWO THOUSAND AND NO/L00 ($22,000.00) DOLLARS.
The motion for passage was seconded by Councilman McCloskey. A roll call vote was called for when
the following Councilmen voted in the affirmative: NkCluskey, Keys, Martin, Davenport, and Uakan. Negative
votes: none. Absent and not voting: Banks. Mayor Carpenter declared that Resolution No. 20 had passed.
Authorization of change in interest rate charged by departmental loans granted
Mayor Carpenter referred to the practice of loaning monies from non tax supported fonds of the City
to other Departments of the City where the interest charged on such monies had been at the rate of 3 %. He
said he would like to have the approval of the Council to change the interest rate from 3% to the amount of
interest being paid during a given year on tax anticipation notes. He said this was presently 4.4% and he
explained further that the interest earned in those departments making the loan remains within the funds of
those departments and is used in their operation and is ,justified.
It was moved by Councilman Keys, seconded by Councilman McCloskey, that the rate of interest
charged by those departments of the City in loaning funds to other departments of the City, be the same as
the current rate being paid in interest on tax anticipation notes at the time the loan is made. A vote was
taken and the motion carried.
Purchase of property at Fairview Golf Course and damage to private property by golf balls discussed
Councilman Davenport referred to a previous question considered regarding the purchasing of propert
now onwed by Yx. Jim Wright at the corner of Nineth Avenue and Grant Street with there having been no meeting
of the minds on the value of the property at that time and no action was taken. He said that now Mr. Wright
had contacted the Golf Board of Control and wished to sell the property, and, the Golf Board of Control was
recommending that the City seriously consider purchasing the property. Councilman Davenport added that the
Golf Board of Control was rather conservative in their thinking and were hoping that the property would be
available at a reasonable price.
Councilman Davenport stated that, in as much as the City couldn't do anything in the immediate
future in that this would be a budgetary item for next year, he would recommend that perhaps the Board of
Control could look into this further to see if they could determine what the value of the property might be
and bring this information to the Council so that a purchase could be considered, if the price was reasonabl:
The possible use of the property was discussed and it was agreed that Councilman McCluskey and
Councilman Martin might arrange a meeting with Mr. Wright's daughter to discuss the matter. No further
action was taken at this time although there was more discussion concerning problems at No. 3 green which fiat
been moved to prevent golfers from attempting to hit golf 'balls over the trees with the result that some of
them were breaking windows in the house of Dr. Waterman. Councilman Davenport said the Golf Board of Contro.'
had recommended that the tee blocks be moved over next to the trees so they couldn't do this.
City Engineer Mel Iawis informed the Council that the problem was enforcement as no one was paying
any attention to the tee blocks.
Mayor Carpenter reported that Hr. Waterman had talked to him about the problems and said that he
408
boarded up acme of the windows to prevent any golf balls from coming into his waiting room.
tion presented - A. W. Trent
The following Petition was read:
P E T I T I O N
TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF CALUdELL, IDAHO:
The petition of A, W. Trent respectfully shows:
I
That on the 30th day of September, 1969, your petitioner purchased Lots 19 and
20 of Block 51 of the Golden Gate Addition to the City of Caldwell, Canyon County, Idaho,
from the county for the sum of $37$.00.
II
In order to have a title which was acceptable to the United States Government
for the building of a house under the HUD program 235, it was necessary that there be a
quiet title action against the former owners, their heirs, devisees, the former owners
being Dora Tyson and C. P. Goertzen.
III
This action has been brought, and reduced to Judgnent dated September 10, 1970,
and all of the interests of Tyson and Ooertzen and their heirs have been foreclosed.
TV
On the 16th day of September, 1970, we received a title report showing the vesten of
the property to now be in the name of year petitioner, A. W. Trent and Alameda Trent, his
wife, subject however, to a tax deed dated April 1, 1969, and recorded August 21, 1969, on
behalf of the City of Caldwell,
V
Further inquiry shows that this tax deed was on LTA assessment and that the
amount has been paid by the Local Improvement Guaranty Fund for this particular district.
VI
The purchase price to be paid by the buyer for these two lots to build a house
under the program known as F?UD 235 is not sufficient to defray the purchase price original-
ly from the county, the payment of the taxes since that time, the water assessments that
have been paid, together with the fees, publication and court costs involved in the quiet
title action, and the real estate broker's commission. Your petitioner is willing to make
e contribution in the amount of $ 50.00 to the Local Improvement District in order to
secure a quitclaim Lead from the City of Caldwell, in order that the sale may go through and
a house may be built thereon and ultimately parmit the city to collect additional revenue
through broadening the tax base in the city.
WHEREFORE, your petitioner respectfully requests that the Honorable Mayor and
City Lbuncil consider this petition at the earliest time convenient for the Mayor and
Council, and to authorize the city attorney to prepare a quitclaim Deed releasing the tax
deed heretofore filed for record on August 21, 1969, on behalf of the City of Caldwell.
Respectfully Submitted,
(S(
. Trent
LS/
Alameda Trent
City Attorney Wayne E. Davis reported that he had checked with the t Treasurer and $ 302.27 had
been paid out of the Local Guarantee Fund with there still being three years left on the Bonds. He said he
louldn't see the setting of a precident here and he didn't think that, under the law, the City could give a
Zuitclaim Deed and compromise the matter. Mr. Davis stated that the City had not been included in the quiet
409
title action and he could not recommend that the City compromise this matter in this way.
After some discussion, it was moved by Councilman Martin, seconded by Councilman &Gluskey, that
we deny the sum of $50.00 to the Local Improvement Guarantee Fund as offered in the Petition for purchase of
the property by A. W. Trent and Alameda Trent and that the sum of $302.27 remain as a lien against the
property. A vote was taken and the motion carried.
Indemnity Agreement approved ( #31)
An Indemnity Agreement was presented for the consideration of the Council with said Agreement to
indemnify and save harmless the City, its Mayor and Council against any and all loss, damage, costs and
expenses by reason of the use of Space 3, of Tot 14 N2 in Block 59 of Canyon Hill Cemetery from lettee Harden
Tillman Barton for the burial of Samuel Tillman.
It was moved by Councilman Dakan, seconded by Councilman McClaskey, that the Indemnity Agreement
,be approved. A vote was taken and the motion carried.
"'Application for Beer License approved - Pop -A -Top
An application front John S. Burtchett and Gary L. Gochenour d/b /a Pop-A -Top at 315 North 5th Avenue
w presented for the consideration of the Council and the following letter read:
October 5, 1970
To: The Honorable Mayor and City Council
From. The office of the Chief of Police
Subject: Application for NIN beer license
Pop -A -Top 315 North 5th Avenue
Caldwell, Idaho
i
Gentlemen:
Mr. John S. BURTCHETT and Mr. Gary L. GOCHENCUR has made application for a beer license so
that they will be authorized to sell beer in their place of business which will be known
�" -A_ P" which is located at: 11 315
as : POP TO wh North 5th Avenue Caldwell Idaho ". It is my
understanding that this license will replace the license that is currently on file for
this place of business under the Hama of "PEE WEE'S INN".
Y' investigation has revealed that Mr. John S. BURTCHETT and Dir. Gary L. GOCHENGUR are bona
fide residents of the State of Idaho, that they are qualified under Section 23 -1010 of the
Idaho Code, that they have not been convicted of any felony in the past five (5) years.
I have checked the application over and find that everything appears to be in order, and
therefore, I can find no legal reason why a beer license should not be issued to @k. John S.
BURTCHETT and Nr. Cary L. GOCHENOUR to operate their business known as: "POP -A -TOP", pro-
vided that the license that has been issued to "PEE WEE'S INN" at this location be returned
to the City Clerk of Caldwell, Idaho.
Respectfully,
Charles W. Astleford
Chief of Police
The application was accompanied by a receipt from the Clerk for the required fee.
It was moved by Councilman McClusksy, seconded by Councilman Dakan, that the application for a
beer license be approved and that the license be issued. A vote was taken and the motion carried.
Application for Bartender Permit approved
An application for a Bartender Permit from Gary Lee Gochenour was presented for the consideration
of the Council. Me application had been approved by the Chief of Police and was accompanied by a receipt
i
from the clerk for the required fee.
It was moved by Councilman Martin, seconded by Councilman Davenport, that the application for a
Bartender Permit be approved and the Permit be issued. A vote was taken and the motion carried.
i,Application for Pool & Card License approved
An application from John S. Burtchett and Gary Oochenour d/b /a Pop -A -Top at 315 North 5th Street
for a Pool & Card License for Fourth quarter, 1970, was presented for the consideration of the Council. The
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 Councilman bW Muskey, seconded by Councilman Dakan, twat the application be
approved and the License be issued. A vote was taken and the motion carried.
Applications for renewal of Pool and of Pool & Card Licenses approved
The following applications were presented for the consideration of the Council:
Pool License for 4th quarter (renewal)
Mary J. Albin d /t /a Corner Bar & Grill at 224 Paynter Ave. - Fee, $15.00
Pool & Card for 4th quarter (renewal)
Juvial D. Kitchen d/b /a Roy's Sport Shop at 114 South Seventh - Fee, $30.00
Pool & Card for 3rd and 4th quarter (renewal)
Julio Perez d/b /a The Wheel at 508 Main St. - Fee, $60.06
410
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 Councilman McCloskey, seconded by Councilman Ibvenport, that the applications be
approved and the Licenses be issued. A vote was talc n and the motion carried.
Preliminary Plat approved
City Engineer Eial L?wis presorted a Preliminary Plat which was identified as Forrer's Rsplat of
part of Tract P and Tract W of Mountain View Subdivision. He said that there were signed agreements by those
people that they would plat these properties when they were to be built upon subsequently and Mr. Lonnie Witt
was now presenting the Plat even thought the property was to small to plat under the Subdivision Ordinance
regulations; that the Council had granted a second building permit for the same piece of property in 196h and
the agreements had been made at that time. Mr. Iawi.s recommended approval.
It was moved by Councilman Keys, seconded by Councilman Davenport, that the Preliminary Plat be
approved. A vote was taken and the motion carried.
Preliminary Plat approved
The City Engineer then presented a preliminary plat of North Hill Subdivision for the consideration
of the Council and said that the Planning Commission had passed upon this plat also, although they were some-
what disturbed in that the sewage disposal would be by septic tanks; however, since that time, the owners
were investigating putting in a pumping station. He recommended that the plat be approved. It was moved by
Councilman PtCluekey, seconded by Councilman Dakan, that the Preliminary Plat be approved. A vote was taken
and the motion carried.
( City Attorney instructed to draw ordinance - boundaries for placement of mobile homes
Mayor Carpenter reported that the Board of Adjustment had met and had made recosaaendations for
boundaries for the extension of the area for placement of mobile homes,
City map.
The Building Inspector then presented the description of the area and traced the property on the
The area north of the highway was discussed and S-tr. Earl Priest, member of the Board of Adjustment
told the Council that it was somewhat the concersus of opinion at their meeting that they not include any-
thing north of the Interstate for a couple of reasons: The first reason he thought, was that a good share o�
that land was still in large pieces and there were still some sizeable areas that could be developed as
subdivisions; that they had wondered if, possibly by sprinkling trailer homes through that area, it would
hinder that property from growing in the future and that it needed a permanent type of housing as opposed to
mobile homes. Secondly, there was no sewer facilities at all in this area although there was City water, ac
I
for these reasons they thought possibly it would not be a good thing; althogh it could always be extended to
that point. Be said they had discussed the possibility of soneone coning in and developing a mobile home
subdivision by actually platting it and then it would give them something to service with sewer.
It was moved by Councilman Keys, seconded by Councilman McCluskey, that the City Attorney be in-
structed to draw an ordinance amending the present ordinance on boundaries for placement of mobile homes. A�
vote was taken and the motion carried.
Report on Airport Commission nesting
Councilman Keys reported on the Airport Commission meeting and said there was not a quorum so no
official action had been taken but he thought it would be wise to give the Council an idea of their thinking
HeLproceeded in saying that they wanted it completely understood by everyone, including the Planning
Commission and anyone else that may have designs on the land, that the airport should remain as it is withou
any ideas of selling it off for anything until such time as they had another airport. He said that, secondly'
if it was at all possible to expand to the west, they felt that the expansion to the west would be the first
priority, and, in the event that the necessary land cc not be acquired to do this, then; the feeling was
that we should look in the near future toward the purchase of another piece of property that would be suitab e
for an airport with the idea of moving the airport at a future date to provide a longer runway and more
adequate facilities for thr. City as it grows. Councilman Keys stated that he thought this was all he needed
to say about the meeting unless Councilman McCloskey had something further to add; however, he thought it
I
would be well if the Council were advised on just what the thinking was of the Commission at this point.
Combining office of Building Inspectc° & Sanitation Officer
Councilman Keys stated then that, at the beginning of this year, the two offices of Building
i
411
Inspector and Sanitation Officer had been combined and Mr. Du-fur had been appointed as the administrator of
both offices. He stated that it had been brought to his attention and, if you looked at the building report
presented this evening, the work load in that department had become increasingly heavy as time had gone by;
that he would like to say that he had been fairly close to the building department and, as far as he was con-
cerned, Mr. Dcfur had started out completely green at the job; had gotten his feet on the ground and was doin
a yeoman's job of taking care of the building department needs. He added that he thought Mr. Dufur was to be
commended for the job that he was doing with the inspections and public relations, however, he had talked to
the Mayor and some of the Councilmen and he thought the time had come to add another staff member, possibly
as an assistant to Mr. Dufur.
Councilman McCluskey stated that FSr. Dufur was doing a good job and he thought he did need some
help as did the City Engineer and he would agree, if someone could also help in Mr. lawis's department;
however, he wished to go on record in that he would not go for a full time Sanitation officer.
Councilman Keys stated that he would like to recommend that another man be hired as an assistant
to Mr. Dufur and Mayor Carpenter said that he thought this would be the right approach.
In answer to the question, the City Engineer stated that he thought the qualifications for this
position should be that he be qualified to work on such things as Petitions and he explained the work now
being done in the engineering department in providing information on applications for special permits in this
Councilman Davenport commented in that he thought this would be good business in that other things
not being done and he was in favor of doing this.
It was moved by Councilman Keys, seconded by Councilman Dakan, that we proceed to find an assistant
the Building & Sanitation Official.
Councilman Martin stated that the decision, at the time, was made in looking at the work load in
a office and towards some saving in salary and he thought the change was good judgement; that now it was
arent that the work load had increased and, by adding another employee a better job could be done and some
p also be provided for the Public Works Department.
Mayor Carpenter commented in that he thought the operations of the office would be smoother by
ng both together.
After some further discussion, a vote was taken and the motion carried.
Bills for End-September
It was moved by Councilman Martin, seconded by Councilman Dakan, that the warrants for claims and
payrolls be approved as per list and filed in the City Clark's office. Such warrants being in the totals as
follows:
Warrant Numbers 778 thru 822, General Fund: ----------------------- -------------------
$ 4,273.70
Warrant Numbers 430 thru L55, Water & Sewer Fund: Water ----------------------- - - - ---
773.32
Water, Capital ----------- - - ------
6,497.48
Treatment Plant ----------- - - - - --
405.28
Water, General Office -- -- - - --
382.20
Water, General office - Capital - - --
209.60
Sewer Maintenance
28.36
Warrant Numbers 800 thru 844, Special Funds: Fire ------ ---- ------- -- ------ - - - - --
79.55
Cemetery -- ---------- --- ----- --- - --
161.30
Street ---- ---- --- -- ----- --- -- -- - - --
3,845.95
Street, Capital ----------- - - - - --
179.95
Sanitation ----------------- - - - ---
165.00
Ar mory ----------- --- -----'--- - - - - --
120.00
Irrigation - --- ----- ---- - - - - -- - - --
185.91
L.T.D. No. 66 -- ------- ------ -------
346.51
Sanitation, Contract --------- - --- --
7 495
Warrant Numbers 1516 thru 1592, (excepting /1520, x,`1521, #1522, #1523, #1524, and
,
#1525) General Fund payroll - September -------- - - - - --
33,333.23
Warrant Numbers 1593 thru 1655, (including #1520, #1521, #1522, #1523, and #1524)
Special Funds payroll - September -------- -----------
19,726.43
Warrant Numbers 1656 thru 1683, (including #1525) Water & Sewer Funds Payroll -
September ------------ -------------- ---- ----- -- - - -- --
7 919.46
88',358.98
A vote was taken and the motion carried.
It was moved by Lbuncilman Keys, seconded by Councilman Dakan, that the meeting recess until 8;00
.M. on the 19th day of October, 1970. A vote was taken and the motion carried. The meeting recessed at
0:30 P.M.
412
COMrCIL CHWERS
OCTOBER, 20, 1970
8:o0 p.M.
The Council met pursuant to recess and acknowledgment of notice in the following formr
There not being a quorum present on October 19, 1970, We, the under signed 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 8too P.M., on the 20th day of October, 1970, for the transaction of all business in connection with
the following objects New and unfinished business.
Witness our aienatures this 20th day of October. 1970:
Mayor Charles W. Carpenter presiding.
Upon Roll Call, the following Councilmen answered present: Charles C. Banks, Allied H. Mccluskey,
V. Jay Martin, C. A. "Chet" Davenport, and James R. Dakan. Absent. James W. "Bill" Keys.
Variance to build house
The following letter from Kerr Realty was read by the Mayor:
Kerr Realty
706 Arthur St.
Caldwell, Idaho
SUBJECTi Lots 19 and 20, Block 51, Golden Gate
Additicn to the City of Caldwell.
TO- City Council
Caldwell, Idaho
October 20, 1970
Gentlemens
Request that iT be granted a variance to build a home on the above mentioned lots.
The home is the sane type we have built on lots 21, 22 and 23, 241 which each re-
present 50 feet.
We thank you for your attention in this matter.
ml "I;A77
Very sincerely,
/s/ Logan E. Kerr
Logan E. Kerr
K -S Lumber Representative
The Mayor stated this is another piece of property over on the north side in the 600 Block on Elgir
It has a 50 -foot frontage and is the some size as the other nieces of property that have been issued
variances. He said Mr. George Dufur, Building Inspector, had checked it out and everything seemed to be in
order. It was moved by Councilman McCluskey, seconded by Councilman Dakan the request for this variance be
granted. A vote was taken and the motion carried.
National League of Cities dues
Mayor Carpenter read the following letter:
The Honorable Charles W. Carpenter
Mayor of Caldwell
City Hall
Caldwell, Idaho 33605
October 1, 1970
Dear Mayor Carpent
Councilman