Loading...
HomeMy WebLinkAbout1991-02-04city council minutesBook 32 REGULAR MEETING February 4, 1991 7:30 p.m. The Meeting was called to order by Mayor Dakan. Page 19 The Mayor requested that everyone stand for the Pledge of - -. Allegiance to the Flag. The Roll of the City Council was called with the following members present: Nancolas, Murdoch, Jarboe, Houchins, Raymond, and Valdez. Absent: none. (ADDITIONS TO THE AGENDA) The Mayor asked Council if they had any additions or deletions to the prepared Agenda. As there was none from the City Council, the Mayor stated that he would request that Item No. 6 under the Consent Calendar be moved to the first item under Old Business and that Item No. 4 under Old Business be moved to Item No. 2 under Old Business. (RECOGNITION OF BOY SCOUT TROOP) Margie Tucker was recognized by the Mayor and informed the Mayor and City Council that she was visiting the Council Meeting with the Caldwell Elks Scout Troop 276. They were working on their citizenship badge. The members of the Troop stood and introduced themselves and were welcomed to the Meeting by the Mayor. (CONSENT CALENDAR) Mayor Dakan presented the following items on the Consent Calendar for consideration by the City Council: 1. Dispense with the reading of the minutes of the Regular City Council Meeting of January 21, 1991, and approve them as written; 2. Accept the minutes from the Planning and Zoning Commission Meeting of January 17, 1991; the Caldwell Senior Citizens Center Commission Meeting of January 21, 1991; the Irrigation Commission Meeting of January 17, 1991; 3. Award bid for the Lakey's Sewer Intertie Project to the low bidder, Nelson Construction Company in the amount of $331,684.00 subject to the approval of the State Division of Environmental Quality; 4. Cancel the February 19, 1991, Executive Session which was called for the purpose of discussing trade and commerce; 5. Approve the transfer of beer and liquor license at the See -I Restaurant & Lounge to Rick Martin which was approved by the Chief of Police and all other papers were in order. MOVED by Nancolas, SECONDED by Murdoch to approve the Consent Calendar as presented by the Mayor'. — Roll call vote. Those voting yes: Nancolas, Murdoch, Jarboe, Houchins, Raymond, and Valdez. Those voting no: none. Absent and not voting: none. MOTION CARRIED OLD BUSINESS (CONSIDERATION OF REAPPLICATION FOR BEER AND WINE LICENSE FOR THE LITRE HOUSE) Mayor Dakan stated that the first item under Old Business was to consider the reapplication for a beer and wine license for the Litre House. John Lynn, Attorney at Law, from Boise was recognized by the Book 32 Page 20 Maycr Mr. T•ynn stated. that he was present at the Meeting to represent Pig:, Steffens' reapplication for a been and wine license for the Litrc House. He explained that a rather lengthy letter was sent: to the Mayor witi reference to al I of concerns, expressed in 'the letter received from the Mayor, dated Decem'oor 16, 1990. The Mayor's letter explained to Mr. Steflons the reasons for the denial of the application for the bear and oine license at the D(•oember 17th Regular Council Meeting. Mr. Lynn further said that he could give a stamp of < to this project as he has known Mr. Steffens for several years. A great deal of renovation has been •.ccomplished and it was a leg project which should given serious cons i der ation. Mr. Lynn also recognized two gentlemen from the Litre House Orgarization; Mark Listenbarger and Mark Henry, He further informed Council that Mark's family owns the Boise and the Nampa bars. it was Mr. LynWs feeling t­h ct there was basically a misunderstanding and some miscommunication on Mr. Steffens part in applying for the licenses. The Chief of Police was asked if he wanted Mr. Steffens to come back to be interviewed a second time. Mr. Sobba assured them that i� was not necessary and that they should make their presentation to the Mayor and City Council. Mr. Lynn asked that the City Council give consideration - 1 - -c this project and would encourage them to give their approval. Since the remodeling was completed, time of I-he essence. Mike SteWens was recognized by the Mayor and stated that if there was any misunderstanding or lack of communication at the time of the initial application, he would apologize for that. He felt it was a good business, it was a nice place and a !on of his money Bras invested in the project. The Mayor asked the City Council if they had any questions at this time. There . a great deal- of questioning and discus�_ion with regard to this item. A copy of the tape will by held in the Office of the City Clerk for at least six months and will be available for review upon request. A Copy of the Franchise Agreement was shown to the Council Members after Council questioned � conditions were required in the Agreement pertain.ing to the background of the person apt ring for the license. Lynn explained that Mr. Steffens has purchased the name and the expertise of the Litre House Organization and in exchange, they will receive profits from the operation of the business. It was also evplainej to the City Council t1nat Mr. Steffens ,could be the cwr__ of t., -e_ business, but a mana9cr would be hired to do the actui run-ting of it. Mr. Lynn explained at some length several of the incidents sPown in :.is backgrount that the City Council had concerns abcut. A copy of records in Louisiana were presented to the Mayor for a record as was the Franchise for the Litre licuse-, Mr. Steffens also infm ed the City Council that his Ck7iver's license Yas in order now and also stated that the suspended license was not the problem at that time. IN simply had not renewed his license. Mr. Lynn further stated that Mr. Steffens did not at any time use two social security numbers. He indicated that it had to be a clerical mistake as there was no ezplanation for this information. Both Mr. Henry and Yn Listenberger informed the City Counc-a.1 how t.is cper;7i of the Litre House was conducted explaining further how Mr. Steffens would be trained to keep the books and would not be involvea in tar,-. every day management of the es', After consider dfiscussJor, Councilman Murdoch stated tha`_ he was extremely skeptical about voting for approval of this license request. However, he did not ) - if !Ae could find anything that would preclude him doing so. Mr. Murdoch further said that if he did decide to vote for Wis license, Book 32 the operation better be a clean one. Page 21 Councilman Raymond was recognized and commented that he felt it was obvious to the applicant, his attorney, and the representatives of the franchise that this City Council and the community were greatly concerned. The bar industry has created a lot of problems in the community. Obviously, it was not a Litre House type operation that has caused that. However, they were being very cautious when reviewing new applicants. The Council wanted people who would be responsible managers running the bar. Mr. Raymond further said that he thought an honest attempt was made to meet the requirements. He would caution that if the license was granted and when it comes up for renewal, there will be more stringent rules forthcoming with the upgrade of the City Code. MOVED by Raymond, SECONDED by Houchins that the license be granted to Mr. Steffens for the Litre House. Roll call vote. Those voting yes: Raymond, Valdez, Nancolas, Murdoch, and Houchins. Those voting no: Jarboe. Absent and not voting: none. MOTION CARRIED (CONSIDERATION OF REQUEST MADE BY BROWNING FERRIS FOR A CHANGE IN THEIR RATES) Mayor Dakan stated that the next item for the City Council's consideration was a request made by Browning Ferris for a rate increase. Larry Peterson from Browning Ferris was recognized by the Mayor. Mr. Peterson stated that with regard to the solid waste hauling contract, they were allowed to approach the City Council annually and review the rates and cost of doing business. Accordingly, that was his purpose this evening. A memo was distributed to the Council Members outlining basic operating procedures which included the cost of wages, fuel costs, property taxes, medical expenses, payroll taxes, G & A expense and maintenance expense to justify an increase of the hauling rates. A 5.7% increase was requested. The current rates were two years old since they bypassed asking for an increase last year. The information given to Council now is a one year cost of doing business and this was what they were asking an adjustment for. Councilman Nancolas complimented Mr. Peterson's company for doing an excellent job. The Resolution was as follows: BE IT RESOLVED That the fees set forth in the Petition attached hereto and made a part hereof as though set forth in full are hereby adopted by the City Council, City of Caldwell, Idaho. - MOVED by Nancolas, SECONDED by Jarboe that the Resolution be passed authorizing the increase in rates as requested by Browning Ferris Industries. Roll call vote. Those voting yes: Nancolas, Murdoch, Jarboe, Houchins, Raymond, and Valdez. Those voting no: none. Absent and not voting: none. MOTION CARRIED (CONSIDERATION ON EXPENDITURE OF FUNDS FROM THE SALE OF CITY PROPERTY) The Mayor stated that this item was withdrawn at this time and would be considered at the first meeting in March. Book 32 Pagu 22 (REPORT AN O RECOMMENDATION AS TO TIE SOWCE OF TY7 $10,000 FOR THE D.U.I. PFOGRAM) Mayo r Dakan ramindej the Council that infori-,uaticn pertaining to item '-'.as distri -buted to them. The Mayor furth,.Or said that there was funds in the Police Department Contingency Fun& set aside for use by the C>ief of Police if necessary and cou16 be used at his discretion, At this time, the Mayor did not believe Council action was necessary to authorize nim, to use the fu -nds. Mrs. Ottens pointed out that formal action from the City Council was necessary - W authorize the expenditure of contingency Eunds. Council Jarboe said that he thought this Mayor was absolutely right. The contingency fund is a part of the Police Department budget and the City of Caldwell has given department heads the option to utilize budgets as they see fit. The original recommendation could have been premature and Council would be well advised to allow the Ch-1-of of Police to make the decision at his own discretion as the 'Read of De as opposed to authorize use of his continaency. Mayor Dahan further said that if the Chief of Police decides to use this contingency later on, he would then ask for autnorization from the Council. The Mayor and Council, however, would encourage the Chief to continue -with the D.U.I. ?rogram- (INFOWATIONA! MEMO ON THE CODE f%,YENDMEN'T POP, CHILD CARE FACILITIES AND SET THE PUBLIC HEARING IFOR MARCH Z., 1991) The Plonning and Zoning Director explained that this was an informational item. Over the past couple of months, the Planning and Zoning Commission has been conducting a series of public hearings on this particular item They have forwarded a recommendation to the City Council. The Staff was asking the Council to set this matter for public hearing an March " 1991, for the purpose of considering this recommendation. MOVED by Nancolas, SECONDED by Valdez that a public hearing be schoduled for March 4, 1991, to consider the proposed amendment to the Caldwell Zoning Ordinance pertaining to child care facilities in resident__el zones. Roll call Vor" Those voting yes Nancolas, vurdoch, Jarboe, louchins, Raymond, and Valdez. Those voting no: nose. Ab_ and not V(Dtillg: none. MOTION CARRIED (FINANCIAL .,EPORT) Councilman Hurdoch reported that there was accounts payable in Ws amount of $196,045.56; a payroll in the amount of $173,837.10 for the two weeks anding January 31, 1991. MOVED by Yurdoch, SECONDED by Yancolas that the accounts payable in the amount of $196,045.56 represented by checks number 18476 through 18708 and payroll for the amount of $173,837.10 be accepted, the bills paid, and the vouchers filed in. the Office of City C].erk. Roll call vote. Those Yoting yes: murdoch, Jarboe, Houchins, Raymond, Valdez, and Nancolas. Those voting no: none. Absent a.-.d not voting: none. MOTION CARRIED (AUDIENCE '._)4RTIC1:i'PTION) Book 32 Page 23 Mayor Dakan asked if there was anyone in the audience who cared to discuss any item that was not on the prepared Agenda. Camilo Lopez, 1721 Roosevelt, was recognized and commented briefly on the D.U.I. Program, the number of bars in the City of Caldwell, and how the burglary situation was becoming. Dick Scott from Scott's ice was recognized and informed the Mayor and Council that he was the victim several times of burglaries. One of his problems was with the Police Officers not asking what had been stolen. If the merchandise was recovered, there was no report on file. The Mayor asked Mr. Scott to leave a listing of what was stolen with Mrs. Ottens and she would get it to the Police Department. He apologized to Mr. Scott as there was no reason for the officers not taking this information. (COMMITTEE REPORTS) There was no reports from the City Council Members at this time. (MAYOR'S COMMENTS) Mayor Dakan stated that Channel 7 filmed a promo with a group of City employees pertaining to support for the troops in the Middle East. It should be on television within the next several days. The Mayor also stated that due to the fact that Councilman Nancolas was now the City Council President, it would be necessary to appoint someone else to the Finance Committee. At this time, he would like to appoint Councilman. Valdez to replace Councilman Nancolas on the Committee. MOVED by Jarboe, SECONDED by Murdoch that Councilman Valdez be appointed to the Finance Committee. MOTION CARRIED (ADJOURNMENT) As there was no further business, it was MOVED by Nancolas, SECONDED by Raymond that the City Council meeting be adjourned at 8:30 p.m. MOTION CARRIED APPROVED AS written THIS 19th DAY OF February , 1991. i Q�e, ayor :ouncilman :ouncilman ouncilman ATTEST: City Clerk L,/