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HomeMy WebLinkAbout1966-03-30city council minutes3 1' i COUNCIL CHAMBERS MARCH 30, 1966 4:00 P. M. The Council met pursuant to call and acknowledgement of notice in the following form; We, the undersigned Mayor and Members of the City Council of the City of Caldwell, Idaho, do here- by acknowledge notice of a Special Meeting of the said City Council to be held in the Council Chambers in th City Hall in the City of Caldwll, Idaho, at the hour of 4:00 P. M., on the 30th day of March, 1966, for the transaction of all business in connection with the following objects: Consideration of request for examptio from the Door -to -Door Salsmen License and consideration of Ulls calling an election for the purpose of sub- mitting to the qualified electors of the City of Caldwell, who are taxpayers, the proposition of the issuanc of $168,425.00 General Obligation Fire Station Bonds of said City, and providing for the issuance of such bonds in the event they are voted at such election, and the proposition of the issuance of $231,$7$.00 General Obligation Library Bonds of said City, and providing for the issuance of such bonds in the event the are voted at such election. Witness our signatures this 30th day of March, 1966. r - 1 (/ Mayor N. E. °Coley" Smith presiding. Upon Roll Call, the following Councilmen answered present: Charles C. Banks, William S. Harrison, V. Jay Martin, and Charles W. Carpenter. Absent: James W. °8111° Keys and C. A. "Chet' Davenport. Request for exemption from the Door -to -Door Salesmen License considered Mr. Paul Ventling, of Nampa, Idaho, accompanied by Attorney Elwyn Larson of Nampa, were present to the meeting and Mayor Smith informed the Council that Mr. Ventling had made an application for the reduced fee provided for Boor -to -Door Salesmen in the City Code, if this was necessary, in order to solicit the sale of headstones in Caldwell; that he had discussed the matter with Mr. Ventling and that actually he didn't go door -to -door in the terms of an ordinary door -to -door salesman as he had prospect cards and after a reason- able and decent interval following death, he would call upon their family to provide them with a monument to the grave, The Mayor stated that as he intrepreted the Code this was not actually door -to -door selling al- though Mr. Ventling would be calling upon the premises without an invitation to do eo, that he had told him that he didn't think he was covered under the provisions of the Code, however, Mr. Gentling had wanted this in writing and he had thought it best to present the matter to the Council for their consideration first. Section 4 -4 -7 of the Code was then read as follows: PEDDLERS A NUISANCE: The practice of going 1; and upon private residences in the City by solicitors, peddlers, hawkers, itinerant merchants, and transient vendors of merchandise, not having been requested or invited so to do by the owner of said private residence for the purpose of soliciting orders for the sale or future delivery of goods, wares, and merchandise of any kind or description, and /or for the purpose of disposing and/or peddling or hawking the same is hereby de- clared to be a nuisance. Councilman James W. "Bill's Keys entered the meeting during the reading of said Section and Mayor Smith reviewed the matter before the Council for his information. In discussion, Councilman Martin commented in that in applying the Section to Mr. Gentling in this case, it would have to be applied to everyone who sold merchandise in Caldwell from out of town such as Plumbers and Electricians, and, if Mr. Ventling was to be declared to be under the provisions of the Ordinance, there would be a lot more who would need to be declared to be under the provisions of the i 1Ordinance; however, that he thought an exemption in this case would also involve a lot of other businesses. r-- Mayor Smith informed the Council that there had only been one other exemption and this had been for Life Insurance people who were licensed by the State and did not go door -to -door but followed lead cards and, he referred to the fact that Plumbers and Electricians were licensed through another Chapter of the Code. Donald E. Doman, Assistant City Attorney, informed the Council that he had taken a look at this statute and that as he read the Ordinance, it absolutely prohibits door -to -door salesmen in declaring it to be a nuisacne and then the other situation was the requiring of a license and he thought they could probably 4 ,justify saying that Mr. Ventling didn't come under the provisions of 4 -4 -7 as being a nuisance but that he we curio" about the license provisions and he would like to have more time to look into it as it seemed be conflicting. Mr. Elwyn parson spoke in behalf of Mr. Ventling and said that the desire of Mr. Ventling was to bell declared to be, through Council policy, outside of this Ordinance and, if he was declared to be aateide of th Ordinance, this wouldnwt establish that all Plumbers, etc., were also outside of the Ordinance. He commented also in that if the Council were to pass a motion declaring Mr. Ventling outside of the Ordinance, they would, not be exposing themselves to any liabilities, it would be just a matter of possible inconsistent policy through later research and that if they were to pass such a motion authorising a statement in writing, he wall " sure Mr. Ventling would agree that it would not be a continueing thing but would only stand until the Council' changed its mind and should it be decided later that the policy couldn't be that way, he certainly wouldn't try to stand on it. He also suggested that the motion could be worded so as to be subject to the opinion of the City Attorney. After some further discussion and in view of the fact that the Council would be meeting again on April 4th, it was agreed that the matter would be taken up at that time and Mr. Ventling would be given an answer at that time. Mr. Larson offered his services in any possible re- wording of the Code and said that l he would be glad to work with Mr. Dolmen an it. Nr. Larson and Mr. Ventling than excused themselves from thei meeting. Bill No. 13 - Ordinance No. 1069 Councilman Banks introduced Bill No. 13, entitled: AN OHDINANCE CALLING AN ELECTION FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED ELECTORS OF THE CITY OF CALDWELL, IDAHO, WHO ARE TAXPAYERS THE PROPOSITION OF THE ISSUANCE OF $168,425.00 GENERAL OBLIGATION FIRE STATION BONDS OF SAID CITY, AND PROVIDING FOR THE ISSUANCE OF SUCH BONDS IN THE EVENT THEY ARE VOTED AT SUCH ELECTION. which was read for the first time and the Council proceeded to consideration of Bill No. 13. It was moved by Councilman Banks, seconded by Councilman Keys, that the rules requiring the reading of a Bill on three separate days be suspended and that Bill No. 13 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 resnit: Those voting in the affirmative were: Banks, Harrison, Keys, Martin, and Carpenter. Negative vote I none. Absent and not voting: Davenport. The Mayor declared the motion had passed by the necessary three - fourths majority and directed the Clerk to read Bill No. 13 the secor_d time by title and the third time in full, section by section. The Clerk read the bill as directed. It was moved by Councilman Banks, seconded by Councilman Keys, that Bill No. 13 pass. The Mayor directed the Clerk to call the roll on the above motiol which resulted as follows: Those voting in the affirmative were: Banks, Harrison, Keys, Martin, and Carpenter. Negative votes: none. Absent and not voting: Davenport. Thereupon, the Mayor declared Bill No. 13 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. 1069. The Mayor directed the Clerk to make proper entry of the same and to cause Ordinance No. 1069 to be published in the News - Tribune, the official newspaper of the City of Caldwell, Idaho. Bill No. 14 - Ordinance No. 1070 Councilman Harrison introduced Bill No. 14, entitled: AN ORDINANCE CALLING AN ELECTION FOR THE PURPOSE OF SUBMITTING To 7gIE QUALIFIED ELECTORS OF THE CITY OF CALBWELL, IDAHO, WHO ARE TAXPAYERS, THE PROPOSITION OF THE ISSUANCE OF $231,$75.00 GENERAL OBLIGATION LIBRAR i BONDS OF SAID CITY, AM PROVIDING FOR THE ISSUANCE OF SUCH BONDS IN THE EVENT THEY ARE VOTED AT SUCH ELECTION'. which was read for the first time and the Council proceeded to consideration of Bill No. lh. It was moved Councilman Harrison, seconded by Councilman Banks, that the rules requiring the reading of a Bill on threo separate days be suspended and that Bill No. lh 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 affirmati7e ware; Banks, Harrison, ?Says, Martin, and Carpenter. Negative vote I : none. Absent and not voting: Davenport. The Mayor declared the motion had passed by the necessary three - fourths majority and directed the Cleric to read Bill No. 14 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 Harriman, second i 5 ed by Councilman Banks, that Bill No. 14 pass. The Mayor directed the Clerk to call the roll on the above !motion which resulted as follows: Those voting in the affirmative were: Banks, Harrison, Keys, Martin, and Carpenter. Negative votes: none. Absent and not voting; Davenport. Thereupon, the Mayor declared Hill No. 14 had passed and the Mayor in open session of the Council duly signed and approved the Bill and the I iiClerk duly signed and attested the sane Mich became Ordinance No. 1070. The Mayor directed the Clerk to make proper entry of the same and to cause Ordinance No. 1070 to be published in the News- Tribune, the official newspaper of the City of Caldwell, Idaho. There being no further business to come before this Special meeting; it was moved by Councilman Keys, seconded by Councilman Martin, that the meeting adjourn. A vote was taken and the motion carried. The meeting adjourned at 4:40 P. M. City �t I i COUNCIL CHAMBEP.S AFRIL 4, 1966 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 Councilman answered present: Charles C. Banks, William S. Harrison, V. Jay Martin, and Charles W. Carpenter. Absent: James W. "Bill- Keys and C. a. -Chet- Davenport. Request to abanaoa right -of -ways Dean E. Miller, Attorney at Law, was present for the meeting and was recognized at this time. Mr. Miller stated that probably some of the Council were aware of the situation be wished to pre- sent but that some years ago, in fact, back in 1940, the State Highway department had secured acme right -of- way deeds from both Lewis Griffith and from Walter Griffith, that eventually Mr. Lewis Griffith succeeded to the property that had been Walter Griffiths and in 19$0 the State Highway department had quitclaimed these II right -of -ways to the City of Caldwell. He said that originally, he thought, the right -of -ways were planned as part of the ore -way couplet system on Cleveland Boulevard and Blaine Street but as the project had been changed and developed, apparently these right -of -ways wouldn't be needed - it had never been opened or had never been used and they would like to have the approval of the Council to abandon the right -of -way; that before they presented a formal petition and went through the regular procedure, he wanted to present it and get the thinking on it. Mayor Smith informed Mr. Miller that he had talked to Mr. Griffith about this and had told him that the City wouldn't vacate the right -of -ways unlace they could get a well site in the area which they hadn't boon able to get from anybody. He explained that, without a place to put a well, they couldn't develop the whole area to the east and the location for the well world nead to be somewhere close to Florida i Avenue so as to hook into the City's ten inch line; that it was perfectly all right to submit the matter to the Council but that he hadn't recommended it to them and didn't intend to unless they could get a well site in there. In answer to the question by Mr. Miller, Mayor Smith stated that toe amount of property needed for a well site was 200 by 200 feet and that the logical place for the City to get it was from Mr. ayrl Morris but that Mr. Morris didn't cooperate with the City in any of these projects including streets on Georgia Avanue or well apes on Florida Avenue; that it was unfortunate that Mr. Griffith was involved here but the (street right -of -way had been deeded by Walter Griffith or, part of it, prior to the time Lewis Griffith got the property and although the City had no real arguement about it and hadn't actually intended to use the property for street right -of -way, they had to use some leverage to get a well site in the area from somebody.