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HomeMy WebLinkAbout1971-06-09city council minutes13 t til 8:00 p.m. on the 2lat day of June, 1971. A vote was taken and the motion carried. The meeting recess. at 10:30 P. M. L or COUNCIL CHAMBEHS JUNE 9, 1971 11:00 A. M. The Council met pursuant to call and acknowledgement of notice in the following form: We, the undersigned Mayor and lbmbsrs of the City Council of the City of Caldwell, Idaho, do hereb3 acknowledge notice of a Special Meeting of the said City Council to be held in the Council Chambers in the City Hall of Caldwell, Idaho, at the hour of 11:00 A. M. an the 9th day of June, 1971, for the transaction of all business in connection with the following object: Consideration of an application for a City Baer Licens as an individual from John D. Fgans. Witness cur signatures this 9th day of June, 1971. War �3 � n _ Coun cilman un an an unc lIman Mayor Charles W. Carpenter presiding. Upon Roll Call, the following Councilmen answered present: Alfred H. MoCluskey, V. Jay Martin, C. A. "Chet" Davenport, and James R. Dakan. Absent: Charles C. Banks and James W. "Bill" Keys, Application for a Bear license as individual considered Mayor Carpenter stated the purpose of the Special Meeting and presented for the consideration of the Council an application for a Beer License, as an individual, from Mr. John D. Fgans d/b /a Keg & Kettle at 608 Main Street. He explained in that the City had previously issued a Beer License to W. Cary Collins and John D. Egans, a partnership, d/b /a Keg & Kettle at the stated address, and, presented in accompanyment with 4 the application a document to acknowledge a complete release of all equity or interest in the partnership between John D. Eagan and W. Cary Collins by W. Gary Collins and Teresa A. Collins; as well as a statement from J. P. Martin and Louise A. Martin, owners of the premises, giving consent to the retail sale of beer on the premises. The application had been approved by the Chief of Police but was not accompanied by a receipt from the Clark for the fee in as much as there was an uncertainty as to what fee would be required under the circumstances. Section 4 -7 -2 of the City Code was referred to and read. After a brief discussion; it was moved b3 Councilman McCluskey, seconded by Councilman Dakan, that a Beer License be issued to John D. Egans as an Individual in accordance with his application, subject to a legal determination by the City Attorney of the fee as provided for in the City Code and that the City Clark be instructed to hold on deposit a fee of $100.00 until a determination was made. In answer to the question, Mr. Eagan stated that this action was agreeable with him. A vote was then taken on the motion and the motion carried. Request for variance referred to - no action taken For information to the Council, Mayor Carpenter referred to a letter at the previous meeting from Mr. Logan E. Kerr requesting a variance, and he told the Council that the description net forth in that lette should refer to Mack "A" instead of Block 114,x, Councilman Davenport and Councilman Martin had not had an opportunity to look at the property since the last meeting and no action was taken other than a brief dis- cussion and clarification for Mr. Kerr, who was present, in that it would be his responsibility to see that each of the Councilmen had an opportunity to see the property and be made aware of the construction intended afore a favorable action would be considered by the Council. 14 It was moved by Oounoilman McCloskey, seconded by Councilman Dakan, that this Special Nesting ad- journ subject to the previous motion for recess. A vote was taken and the motion carried. The meeting ad- jouraed at 12:00 noon. o'' I N COUNCIL CHADSM JUNE 21, 1971 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 hereb; acknowledge notice of a Recessed Feting of the said City Council to be held in the Council Chambers in the City Hall of Caldwell, Idaho, at the hour of 8:00 P. M. on the 21st day of June, 1971, for the transaction o all business in connection with the following object: New and unfinished business. Witness our signatures this 21st day of June, 1971: Mayor Charles'% Carpenter presiding. Upon Boll Call, the following Councilmen answered preaent: Charles C. Banks, Alfred H. McCluskey, James W. mBilljii Keys, V. Jay Martin, C. A. "Chet" Davenport, and James H. Dakan. Complaint presented concerning Ordinance on Junk Automobiles Mrs. Audrey Bull was recognised and told the Council that she was present with respect to a Bill concerning junked automobiles and she said her interest in it was the fact that in it there wasn't anyplace where it indicates that you must have a warrant or anything to come onto personnel property or private property and that she felt this infringed upon her constitutional rights. Drs. Bull stated that she didn't know whet they were going to do about it, about junked sutomobiles and things, but she did feel that under this Bill it was infringing upon their constitutional rights if allowed to become an Ordinance.' She.stated that she felt in that the way the Bill was written to remove the junked automobiles, there was nothing in there that said anyone had to have a warrant to come upon private property or to touch private property; that she felt this infringed upon her constitutional rights when the Council tried to put a Bill through of this sort. In answer to the question concerning her objections by Councilman McCluskay, Mrs. Bull stated that what she was objecting to was the fact that the Council didn't stipulate that they must have a search warranr to cone on private property and she said the 8111 of Rights guaranteed her the right that the City must have a search warrant to came on my private property or to touch my personal property. She said that she concurr. ed with the reason in that there was a problem with junked automobiles and said that she felt sorry about this but she didn't want her Constitutional rights taken away because she didn't think this helped anybody. Mayor Carpenter then asked the City Attorney if he would give his opinion on the Constitutionality of the Ordinance. City Attorney Wayne E. Davis then stated that he would like for Mrs. Bull to know that thin was not just a passing fancy with the Council but had been studied by the Council for something like six months. He said that if she would follow the papers, in his opinion, she would see that year after year, children were