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HomeMy WebLinkAbout1984-03-27city council minutesBook 25 Page 69 REGULAR MEETING March 27, 1984 12:00 Noon The Meeting was called to order by Mayor McCluskey. The Mayor requested that everyone stand and give the Pledge of Allegiance to the Flag. The Roll of the City Council was called with the following members present: Carter, Mallea, Marcus, Cowles, Raymond, and Norman. Absent: none. (AUDIENCE PARTICIPATION) The Mayor asked if there was anyone from the audience who cared to bring anything before the City Council that was not on the prepared Agenda. As there was no one, the Mayor declared that the meeting would continue as outlined. OLD BUSINESS (DISCUSSION REGARDING EL MEXICO) The Mayor stated that the first item under Old Business was discussion with regard to El Mexico and he would open the meeting for discussion on this issue at this time. MOVED by Carter, SECONDED by Cowles that the City Council deny the appeal of Mrs. Paz and den - w issue of a license for beer and wine for reasons that will be stated in a letter which will be sent to Mrs. Paz and to her attorney. The Mayor stated that he thought, because it was a matter of record, it would be proper to give to the Press. Mr. Connolly, the City Attorney, stated that once the letter was finalized and signed by the parties who will be signing and mailed to Jesus and Maria Paz and their attorney, it was public record. Councilman Raymond asked if the wording of the letter should be a part of the minutes of the meeting. Council agreed that it should not. Councilwoman Mallea suggested that the people receive the letter before it was given to the Press. The Mayor said that this would be fine; he just did not want them to come and ask him questions that he would not be able to answer. The Mayor asked for a roll call vote. Those voting yes: Carter, Mallea, Marcus, Cowles, Raymond, and Norman. Those voting no: none. Absent and not voting: none. MOTION CARRIED Councilwoman Mallea questioned as to whether the Council could have a short meeting concerning this letter and that the letter could possibly go out today. The Mayor stated that this would be fine, but it could not be an Executive Session. After further discussion, Councilwoman Mallea withdrew this request. (DISCUSSION REGARDING ICHABODS) The Mayor stated that the next item under Old Business was discussion with regard to Ichabods Pub. The Mayor then called on Dennis Davis, the Building Official, to state to the City Council the information he had given to him that morning. Mr. Davis informed the City Council that Mr. Harris has extended the lighting on his building to comply with one of the three items which were spelled out in the Mayor's letter to him. He has not put the 400 watt lamps in the parking lot and he has also not contracted with Idaho Power to place a light on their pole in the Northeast corner of the parking lot. Book 25 Page 70 The Mayor said that it was his understanding that Mr. Harris was not going to do this :Last item; he was going to furnish his own lights and poles. Mr. Davis stated that the Idaho Power will not allow this. They will not allow an attachment of someone else's apparatus on their poles. The Mayor again stated that he understood that he was going to furnish his own poles. The Mayor further commented that he has made some effort and the Mayor stated he would recommend to the City Council that Mr. Harris be given another week of notification as long as he has proceeded with one step in his efforts. Councilwoman Marcus said that she could not agree to this unless the City had something in writing from Mr. Harris personally or a comment from him. She could not see why there wasn't something from him in writing. The Mayor informed her that a Police Officer went to Mr. Harris with his letter and Mr. Harris refused to accept the letter. He informe d the Officer that any further proceedings would have to be with his attorney. John Connolly, the City Attorney, stated that he talked with Mr. Harris's attorney the day before. Mr. Connolly further said he was not sure if the attorney knew precisely what was involved and Mr. Connolly said that he was not sure that he knew either. Mr. Davis told him that approximately half of the work was done. What was remaining to be done was to install two more 400 watt lights and one more light on the Idaho Power pole or one more light on a pole in that general vicinity. So they were talking about the installation of three lights in the parking area. Mr. Harris's attorney was under the impression that he had worked all weekend and was not sure what Mr. Harris had accomplished. Mr. Connolly had requested that Mr. Davis go out to Ichabods to check on what has been done and be prepared to report to Council as to what had not been done. The City Attorney did not call back Mr. Harris's attorney and he never called Mr. Connolly back. Basically, this was where the situation was at this time; Council was waiting and expecting Mr. Harris to put up three lights. Mr. Connolly further stated that he had a copy of a letter written by Mr. Harris dated the 22nd of February, 1984, where he reported on a conversation that he had with :sir. Kent Butler from Idaho Power on Wednesday, February 22nd. The letter was dated the same day' addressed to the Mayor and City Council. Mr. Harris reported in this letter that Mr. Butler had required two out of the three requirements that Dennis just reported to the Council. Number one was to raise and extend the existing lighting up and out from the building about five feet. Number two was to add two 400 watt metal halide lamps on the existing light pole in the center of the parking area and direct them so as to spread light in the entire parking lot. Mr. Harris neglected to mention the third requirement from Idaho Power, which the Mayor followed up on a couple of days later, that said that we want these two things done plus the other requirements. of Idaho Power. Mr. Connolly further said that, as far as he knew, Mr. Harris has done step number one, which Mr. Davis told him yesterday was approximately fifty percent of the activities in terms of volume. He has neglected to add the two 400 watt lamps and the lamp on the Idaho Power pole. Councilman Raymond questioned as to whether anyone has been at Ichabods in the evening time and observed what impact the raising of the lights on the building has. Councilman Carter stated that he drove by there the night before and there was not that great of impact. Councilman Norman said that the way Mr. Harris has performed in the past and the way he has treated the issue at this time that the City should continue as they are and not give.__,. any leeway. When he gets it done, then he should be permitted to operate. The Mayor stated that he already has a license and is operating. A letter was sent to the City Attorney after last week's meeting asking him to start action to rescind Ichabod's license. Councilman Norman then stated that the City should continue with that action. Book 25 Page 71 Councilwoman Mallea pointed out that the minutes provided that this would be the time and the place for a hearing for the owner of Ichabods to show cause why his license should not be suspended for lack of providing proper lights as stated in the Code. He has not provided a person or an answer to the City's concern and therefore, has not proceeded with the hearing which was set for today. Councilwoman Mallea further stated that she would MOVE, and it was SECONDED by Norman that the City Council suspend the license of Ichabods until they are in compliance with the lighting requirements. with discussion, the Council asked that the motion state which lighting requirements are applicable. Councilwoman Mallea said that, in her opinion, it would be the lighting requirements of the City of Caldwell as determined by the Building Inspector. The Mayor said that he would say the recommendations of the Idaho Power. The City Attorney agreed with the Mayor. Mr. Connolly further said that Mr. Harris met with Idaho Power and Mr. Butler from Idaho Power gave him three things to do to bring the lights up to standards that he felt were appropriate. Mr. Harris reported back to the City on only two of these recommendations saying that he would do those. The Mayor followed up with a letter stating that he also talked with Mr. Butler and there was three requirements and that was what the City wanted Mr. Harris to do. This included raising and extending the lights, putting in the two 400 watt bulbs and installing a light in the northeast corner on the Idaho Power pole which Mr. Harris can do by contract with Idaho Power or by installing his own pole. Councilwoman Mallea again stated that the City of Caldwell has provided for the hearing, has given notice, and this is the date and it was long after the thirty days agreed upon. She would assume that if the Council votes to suspend the license that the Police Department will take counsel with our legal representatives and proceed in the manner directed. Councilman Cowles stated that he felt that the City had given them ample opportunity to work with them and he was glad to see that the Council was about to take the stand that should have been taken two months ago. Mr. Connolly further pointed out that once the license was suspended Mr. Harris will have no license and if he sells beer without the license, he was in violation of the Code. The Mayor then asked if the Police Chief would notify the State and Mr. Dormois stated that he would. There was further discussion with regard to how the establishment would be notified of the Council action and the time to be set for the suspension. A tape of this proceeding is on file in the Office of the City Clerk and will be kept as a matter of record for at least six months. The Council made several suggestions as to what should be stated in the motion. Councilwoman Mallea with the approval of the second, Councilman Norman, ammended her motion as follows: MOVED by Mallea, SECONDED by Norman to suspend the beer license of Ichabods effective 4:00 p.m. 3/27/84 until such time as they are in compliance with the lighting requirements as set forth in the letter from Mayor McCluskey dated February 29, 2984, which is now made a part of this motion which letter states the lighting requirments suggested by Idaho Power. Discussion ensued with regard to what the procedure would be if Mr. Harris did comply with all of the requirments and asked that his license be reinstated. The City Attorney suggested that the Mayor be given the authority to reinstate the license if Mr. Harris completed those items requested, The Mayor then requested a roll call vote on the motion. Those voting yes: Mallea, Marcus, Cowles, Raymond, Norman, and Carter. Those voting no: none. Absent and not voting: none.° Book 25 Page 72 MOTION CARRIED It was then MOVED by Marcus, SECONDED by Cowles that the Mayor be authorized to see if the compliance has been met by Ichabods and if the requirements have been met, that the Mayor have the authority to rescind the suspension. MOTION CARRIED NEW BUSINESS (AWARD BID - WATER LINE EXTENSION) Ron Redmond, the City Engineer, was recognized by the Mayor and stated that this was the last contract phase of the Block Grant --- Project. It was a contract for a water line extension from Kimball to 11th Street on Elgin. Seven bids were received. The low bidder was Stephenson Construction from Boise in the amount of $27,460.72. It was Mr. Redmond °s recommendation to the City Council that the low bid of Stephenson Construction be accepted and authorization to proceed with the execution of the contract. MOVED by Raymond, SECONDED by Cowles that the bid for the water line extension be awarded to Stephenson Construction in the amount of $27,460.72 and authorization be given for the execution of the contract. MOTION CARRIED (LETTER FROM ED MCNELIS) Councilman Carter reported that he had a letter from Ed McNelis with regard to the trip made recently by a group from the City of Caldwell. The trip was made to Mountain View, California to visit Pacific Press and encourage those coming to this area to consider making their home in Caldwell. Mr. McNelis praised the Mayor and his group for their presentation and further said he was proud to be a part, of the program and to represent Caldwell to these people. (COMMITTEE REPORTS) Councilman Cowles reported that he attended the Historical Commission meeting on March 8th and minutes were available from that meeting. Councilwoman Marcus stated that she attended the Stadium Board meeting last week. There was a :Lengthy discussion regarding the new stalls that were to be built. A meeting was scheduled for today with Alta Williams and Jack Carter to answer the questions that were submitted by City Council about the stalls. (MAYOR'S COMMENTS) The Mayor said that there would be a report at the next meeting on the street lighting project. Mr. Redmond will be talking with the other cities involved and will be giving this report. There being no further business, the Meeting was adjourned at 12:45 p.m. ATTEST: DAY OF City Clear""-/