HomeMy WebLinkAbout1965-11-01city council minutes519
Treatment Plant - ---- $ 919.41
Water, Gen. Office -- 67.90
Warrant Numbers 892 thru 935, Special Funds, Fire --------- - - - --- 68.50
Cemetery------ - - - - -- 161.38
Street-------- - --- -- 5,587.54
Sanitation---- - - - - -- 13.00
Armory------- -- - - - -- 9.23
Irrigation---- - - - - -- 103.73
L.I.D. #57---- - - - - -- 6.29
L.I.D. $57,Reg.Warrants 45.00
$ 10,17 70T
A vote was taken and the motion unanimously carried.
There being no further business to come before the Council; it was moved by Councilman Martin,
seconded by Councilman Keys, that the meeting adjourn. A vote was taken and the motion carried. The
meeting adjourned at 9:55 P.M. r ,
Deputy City Cler
COUNCIL CHAMBERS
NOVENEER 1, 1.965
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: E. L. Vassar, James W. "Bill" Keys,
V. Jay Martin, and C. A. Davenport. Absent: Max Luby and Charles W. Carpenter.
Request for placing stickers on parking meters - approved
Mr. J. B. Holden, representing the Caldwell Association of Insurance Agents, was recognised as the
first order of business.
Mr. Holden presented a sample sticker which had come to the attention of their Association from
Salt Lake City, Utah, where they had been placed on parking meters in a campaign to reduce somewhat the
traffic nuisance that had been presented to children by cars being left with keys in them and in the short
time it had been in existance, Mr. Holden stated that the theft of automobiles had been reduced approximatel;
13 %. He said that he knew the pilferage of automobiles, was quite a problem and that anything they could do
to encourage the public to be a little bit aware of the attractiveness they set up by the reason of leaving
their automobiles with the keys in them was a worthwhile project. The advertisement was in quite small
lettering and he said the stickers would be placed on the parking meters next to the coin inserts in co-
operation with the Police Department and they would purchase the stickers with the approval of the City
Council to proceed.
In answer to the question, Chief of Police Charles Astleford stated that this was the time of year,
during the Holiday season, when they did have quite a few cars pilfered and if people would lock their cars,
it would help. He said that he had put two of the stickers on parking meters at Penny Wise Drug to see what
they would look like and they really stood out, particulary the words "Lock Your Car" - "Take Your Keys" and
he thought it would be a very good idea.
Mayor Smith informed the Council that he had suggested this come before them because it was a
departure from the proceedure of having no advertising on parking meters but that he thought there was a lot
of merit in it with there being the consideration that there might be some objection to the advertising.
In answer to the question by Councilman Keys, Mr. Holden stated that the stickers might need to be
replaced once or twice a year but that they would try to keep them up to date and presentable.
After some discussion; it was moved by Councilman Keys, seconded by Councilman Davenport that the
Caldwell Association of Insurance Agentt be authorized to place the stickers on city parking meters. A vote
was taken and the motion carried.
Bill No. 17 - Ordinance No. 1054
Councilman Keys introduced Bill No. 17 entitled:
AN ORDINANCE CHANGING FROM THE "AE" RESIDENCE ZONE TO THE "CD" COMMERCIAL ZONE BLOCKS 41, 42, 44, 45 AND 46
520
CF GOLDEN GATE ADDITION TO THE CITY OF CALDWELL, IDAHO AND ALL OF BLOCK 58, 60, 61, 66, 67 AND 74 OF DEVERS
ADDITION TO THE CITY OF CALIWELL, IDAHO, AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HF.R KITH.
which was read for the first time and the Council proceeded to consideration of Bill No. 17. It was moved
by Councilman Keys, seconded by Councilman Martin, that the rules requiring the reading of a Bill on three
separate days be suspended and that Bill No. 17 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 Vassar, Keys, Martin, and Davenport. Negative votes: none.
Absent and not voting: Luby and Carpenter. The Mayor declared the motion had passed by the necessary three -
fourths majority and directed the Clerk to read Bill No, 17 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 Keys, seconded
by Councilman Martin, that Bill No. 17 pass. The Mayor directed the Clerk to call the roll on the above
motion which resulted as follows: Those voting in the affirmative were: Vassar, Keys, Martin, and
Davenport. Negative votes: none. Absent and not voting: Lvby and Carpenter. Thereupon, the Mayor declar-
ed Bill No. 17 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. 1054-
The Mayor directed the Clerk to make proper entry of the same and to cause Ordinance No. 1054 to
be published in the News- Tribune, the official newspaper of the City of Caldwell, Idaho,
Bill No. 18 - Ordinance No. 1055
Councilman Martin introduced Bill No. 18, entitled:
AN ORDINANCE GIVING NOTICE TO ALL CITIZENS OF, AND CWHM OF PROPERTY IN THE CITY OF CATZMELL, THAT AN
APPLICATION HAS BEEN PRESENTED FOR THE VACATION OF A PART OF ARLINGTON AVENWE AS SHOWN ON THE OFFICIAL PLAT
OF SOUTH KIMBALL ADDITION TO THE CITY OF CAIDWELL, IDAHO.
which was read for the first time and the Council proceeded to consideration of Bill No. 18. It was moved
by Councilman Martin, seconded by Councilman Vassar, that the rules requiring the reading of a Hill on three
separate days be suspended and that Bill No. 18 be read the second time by title and the third time in full,
section by section. The Nayor directed the Clerk to call the roll on the above motion with the following
result: Those voting in the affirmative were Vassar, Keys, Martin, and Davenport. Negative,votes: 'none.
Absent and not:vcting: Luby and Carpenter. The Mayor declared the motion had passed by the necessary three -
fourths majority and directed the Clark to read Bill No. 18 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 Vassar, that Bill No. 18 pass. The Mayor directed the Clerk to call the roll on the above
motion which resulted as follows: Those voting in the affirmative were: Vassar, Keys, Martin, and
Davenport. Negative votes: none. Absent and not voting: Luby and Carpenter. Thereupon, the Mayor de-
clared Bill No. 18 had passed and the Mayor in open session of the Council duly signed and approved the Hill
and the Clerk duly signed and attested the same which became Ordinance No. 1055.
The Nayor directed the Clerk to make proper entry of the same and to cause Ordinance No. 1055 to
be published in the News - Tribune, the official newspaper of the City of Caldwell, Idaho.
Notice of violation of City ordinances to be given - Mr. Kenneth Wolfe
In answer to the question for his opinion concerning the construction of a fence, City Attorney
Wm. F. Gigray, Jr. referred to the fact that the Building Inspector, in the course of his duties, had
noted a fence at the Kenneth Wolfe property wherein he had built a fence and it comprised a structure within
the meaning of the ordinance, the height of the fence within a certain number of feet of the frontage street
sing. contrary to the provisions of the building code; that much discussion had basil had with Mr. Wolfe with
indications being that he was going to do certain things but that he hadn't done so.
Mr. Gigray informed the Council that there was no provision in the Code giving the City the right
to remove the fence nor were there any provisions wherein the City could, by Court order, order Mr. Wolfe to
ake it down but that the City had the right to enforce the penalties for violation of the ordinance and that
warrant would have to be issued for the arrest of Mr. Wolfe for violation of the code and, upon conviction,
e could be fined up to $300.00 for each offense and he could be confined in the Manicipal jail for thirty
days or he could be both fined and imprisoned, and, providing it was any act which was of a continuaing
nature, it was a separate offense for each day that it continued.
521
After some discussion, it was agreed that the City Attorney should prepare a proper letter for the
Building Inspector for giving notice by registered mail to Mr, Kenneth Wolfe advising him that each day was
a continueing violation of an infraction of ordinances of the City; that a deadline for correction be set
and in the event that the matter was not corrected, a warrant of arrest would be issued.
Report on Court Case - Jim Baysinger
Mayor Smith reported to the Council that the Attorney for Mr. Jim Baysinger, who had lost his case
in Police Court on a garbage violation, had talked to him on the telephone this date and had inquired as to
what his client would have to do to get along with the City in case he didn't appeal to District Court; that
he had advised him that he would have to conform with the provisions of the City ordinances to furnish the
necessary containers, have his garbage and trash hauled by the Contractor and pay the required fee, and, the
if he had other building materials to haul to the &W himself, this was entirely up to him.
Final approval of plat - Rim View Subdivision
Mr. Ron Blakley presented for final approval the plat of Rim View Subdivision (preliminary approv-
al on page 508 of minutes, Southwick). City Engineer Mal Lewis informed the Council that the Plat had been
approved by the City Planning Commission.
After a brief discussion; it was moved by Councilman Vassar, seconded by Councilman Davenport,
that the plat of Rim View Subdivision be given final approval. A vote was taken and the motion carried.
Report of change in certain Clerks and Judges for election
A report from the City Clerk was read wherein the following Clerks and Judges would not be able to
serve at election: Helen Boyes, First Ward; Phyllis Hull, Second Ward; and Lorene Carlson, Third Ward. The
following named had been contacted and would serve in the place of those above named: IaRee S. Pincock,
First Ward; Ruth Howell, Second Ward; and Myrtle Johnston, Third Ward.
Executed Contract with State of Idaho Public Employees Retirement System received
The following letter, accompanying the City's copy of the executed contract with the State of
Idaho Public Employees Retirement System, was read:
October 27, 1965
Mr. John L. Englehart
City Clerk
City of Caldwell
Caldwell, Idaho
Dear Mr. Englehart:
We are pleased to return herewith your copy of the Contract between the Public
Employee Retirement System of Idaho and the City of Caldwell, which has been properly
executed by the Retirement Board. A copy of the Notice and Hearing Form, signed and
notarized is also enclosed.
We wish to take this opportunity to advise you that we are certainly pleased to
have the City of Caldwell participating in the Retirement System. Don't hesitate to
let us know if we can be of assistance at any time.
Kindest personal regards.
Sincerely,
/S/ T. F. Terrell
Executive Secretary
Report of appointment to convention committee - I,M.L.
Mayor Smith reported to the Council that the Board of Directors of the Idaho Municipal League had
appointed him to the annual convention committee, partially for the benefit of the Idaho Municipal League
and partially for the benefit of the City of Caldwell in planning for the 1967 convention and the league
would pay his transportation with the City to pay for lodging and meals; that he would travel to
Coeur d'Alene on November 8th, 9th, and 10th and would probably call on some of the Mayors enroute.
Report of Sanitarian Trainee - Bill Wood
The following report for the month of October from Sanitarian Trainee, Bill Wood, was read:
October 29, 1965
Subject: Monthly Report
To: Mayor Starr, Mayor Smith and Canyon County Commissioners
From: Bill Wood, Sanitarian Trainee
The week of October 4 -8 was spent accompanying Chuck Hammond on restaurant inspections,
milk producer inspections and tavern inspections for license approval.
The week of October 11 -15 was spent primarily with John Haines on continued restaurant
and school lunch program inspection training and septic tank inspections. However on
October 11 I inspected several restaurants and taverns in Parma alone, also the Parma
522
school lunch program and the Notua school lunch program. At the Notue school I observed
a large quantity of badly dented and unlabeled cans in their store room. Upon marking
this condition on my inspection sheet and reporting it to Chuck Hammond, we returned to
Notus and placed an embargo on these canned goods. This subsequently led to the arrival
of Dan Berdsley with the Pure Food and Drug of the Seattle office to trace this merchan-
dise through intrastate shipment and stop it at its source.
The week of October 18 -22 included more restaurant and milk inspections by myself follow-
ed each day by discussion with Chuck Hammond on any conditions or items that I was in
doubt as to how they should be handled.
e an ° d e 7o o �n n�6 - �hd l c o p �nd �mno'i� ri �ia s a En in�r3e� o�ober
milk producers and inspection of a dairy processing plant where I observed the improper
pasteurisation of chocolate milk. Subsequent discussion between Hammond, Grace and the
plant manager revealed that they were following the chocolate syrup manufacturarts speci-
fications and then agreed to follow the Health Department code or change to a different
syrup that would be compatible with the Health Department code.
Respectfully submitted,
/S/
Bill Wood
Sanitarian Trainee
Request for variance
A request for variance from the subdivision regulations to build one house without platting from
Mr. Francis Loop was presented on the following described property:
Beginning at the Southwest corner of the Northeast Quarter of the Southeast Quarter of
Section 15, TAN, Raw of the B.M.; thence East 461 feet to the real point of beginning;
thence North 132.5 feet, more or lase, to a point 30 feet South of the canter line of
Summit Drive of the City of Caldwell; thence East and parallel with the canter line of
Summit Drive 83.2 feet; thence South 132.5 feet, more or less, to the South line of said
Northeast Quarter of the Northeast Quarter of the Southeast Quarter of Section 15;
thence West along said South line 83.2 feet to the point of beginning.
City Engineer Mel Lewis informed the Mayor and Council that this was a result of a great deal of
work on the part of the Engineering Department and two realtors; it had been discovered that the property
being conveyed encroached upon the neighbor and encroached thirteen feet out into the Street in order to get
the property described and conveyed; that he had objected to some of these proceedures and this led to the
loss of one sale of property by the owner and this variance which was the other. He said that he would
recommend that the variance be granted in that the parcel of property was too small to plat. The City
Engineer also reported that the application had been considered by the Planning Commission on this date and
it had been moved by Pete Olesen, seconded by Sohn Turner that the Planning Commission recommend to the City
Council that the variance be granted and that the motion had carried.
It was moved by Councilman Keys, seconded by Councilman Martin, that the request for variance be
d. A vote was taken and the motion carried.
for damages denied _ Margaret Habeck
The following letter was read for the consideration of the Council-
Margaret Habeck
161h Main street
P. o. Box 689
Caldwell, Idaho
Mayor Smith and the
City Council
City of Caldwell
Caldwell, Idaho
Gentlemen:
On the 2nd day of June at 12:20 p.m., I was driving down Kimball Avenue towards town when
a golf ball came through the shrubbery and broke the window out of my automobile. I could
not identify who hit it.
I pulled around the block and stopped at the golf course clubhouse to get information, but
found a minor in charge who could not tell as who was responsible nor could he put me in
touch with the responsible pro of the Caldwell municipal courses. I did make a report of
this incident to the Caldwell Police Department.
Because a responsible person of legal age was not in charge of this golf course at this
time and I could get no cooperation in identifying the golfer involved, I feel the City of-
Caldwell is responsible by reason of negligence for the damage to my car and I hereby make
a claim against the City of Caldwell for the repairs in the amount of $90.00.
Yours truly,
/S/
Margaret Habeck
523
It was moved by Councilman Davenport, seconded by Councilman Vassar, that the claim of Margaret
Nabeck be denied and referred to the City's Insurance Carrier. A vote was taken and the motion carried.
Applications for Bartender Permits approved
Applications for Bartender Permits from Stanley Johnson and Luella Fountains were presented for
the consideration of the Council. The applications had been approved by the Chief of Police and were
accompanied by a receipt for the required fees.
It was moved by Councilman Davenport, seconded by Councilman Martin, that the applications be
approved as presented and that the Permits be issued. A vote was taken and the motion carried.
Outline of major items facing City to be presented
Mayor Smith informed the Council that he had prepared an outline of the major items he felt were
facing the City in the next five years and that these would be made available to the Councilman as wall as
to the press.
Bills for end - October
It was moved by Councilman Martin, seconded by Councilman Davenport, that the warrants for claims
and payrolls be approved as per list and filed in the City Clerks Office. Such warrants being in the
totals as follows:
Warrant Numbers 929 thru 968, General Fund: --------------------------- - - - - -- $ 3,172.53
Warrant Numbers 429 thru 446, Water & Sewer Fund: Water -------------- -- - - -- 503.74
Water, Capital ------ - - - -- 2
Water, Capital Improvement 14,382.16
Treatment Plant ---- - - ---- 117.80
General Office ----- - - - - -- 462.18
Warrant Numbers 936 thru 975, Special Funds: Fire --------------- - - - - -- 240.39
Cemetery ---------------- 72.32
Street ------------- - - - - -- 802.36
Street, Capital ---- - - - - -- 120.68
Sanitation -------- - - - - -- 236.82
Sanitation Contract - - - - -- 5,401.99
Armory -------- --- -- - - -- -- 48.52
Irrigation --- --- --- - - -- -- 54.79
L.I.D. #56 --------- - - - - -- 37.5o
L.I.D. #57 --------- - - - - -- 5,259.59
Warrant Numbers 1548 thru 1610 except 1549 and 1550, General Fund Payroll -
October -------------------------------- - - - - -- 19,156.54
Warrant Numbers 1611 thru 1665, Special Funds Payroll, October -------- - - - - -- 13,948.87
Warrant Numbers 1666 thru 1689 including 1549 and 1550, Water & Sewer Fund
Payroll, October ------------------------------ 6, 387.95
$72,985.20
A vote was taken and the motion carried.
There being no further business to come before the Council, it was moved by Councilman Keys,
seconded by Councilman Vassar, that the meeting recess to 8:00 P.M. on November 15, 1965. A vote was taken
and the motion carried. The meeting recessed at 9 :10 P.M.
COUNCIL CHAMBERS
NOVEMBER 15, 1965
8:00 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 here-
by acknowledge notice of a Recessed Meeting of the said City Council to be held in the Council Chambers in
the City Nall in the City of Caldwell, Idaho, at the hour of 8:00 P. N., on the 15th day of November, 1965,
for the transaction of all business in connection with the following object: New and unfinished business.
Witness our signatures this 15th day of November, 1965.