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HomeMy WebLinkAbout1984-08-28city council minutesBook 25 Page 187 E'GU 1118 m, Ex'1NC August 28, 1984 12:00 Noo:_ The 'Meeting was called to order by ;'mayor 'IcCluskey. The mayor requested- that everyone stand and give the pledge of Allegiance to the slag. The Roll of the City Council was called with the following members present: Carter, Maliea, Marcus, Cowles, Raymond, and Norman. Absent: none. (AUDI?NCE PARTICIPATION) The Mayor aske;l if there was anyone in the a Bence 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. (CHANGE IN THE AGENDA) The - iayor requested that the City Council approve changing the Agenda to allow the Hearing on she Corner Bar to be the First item on the Agenda. Several Police Officers were to testify that needed to be excused because of working the night shift. MOVED by Raymond, SECONDED by Malica to alloy, the Hearing on the Corner Bar as the first item on the Agenda. mOTIO,n CARRI ,D `s - I EARI.IG ON THE CORNER _7P,R The iMayor opened the meeting on the hearing for The Corner Bar and requested that the City Attorney, John Connolly, and the Attorney representing The Corner Far, Mr. Richard Rosenberry, conduct the hearing. Mr. Connolly stated that the procedure would be that he would call several witnesses to testify and -^,r. Rosenberry will then have the opportunity to cross- examine those witnesses. After this has been accomplished, Mr.. Rosenberry will have the opportunity to also call. th.- licensee or any other - witnesses tnat he feels should testify. The City 'attorney would also cross - examine these witnesses. Mr. Connolly further informed the City Council that after the testimony was received, the City Council would have three options: (1) To take no action. (2; Suspending the license for The Corner Bar. (3) To revoke the license for The Corner Bar, The City Attorney also stated that it would be possible for the City Council to defer a final action for reflection and contemplation and he would advise the City Council to issue a decision in writing to the Licensee explaining) the reasons and statutes upon which the decision was made. Mr. Rosenberry stated that since they were without a hearing officer which would normally direct and control the proceedings, it will be More or less up to Counsel and himself as to the limit gone into. As Counsel for the Licens ^e in this case, they have a right to q =uestion all members of the City Council and the mayor as to whetber trey have any bias or prejudice in this particular case. This would be dive to the fact that they would be functioning as a Jury and a Judge. The Oath was then administered to members of the City Council ancl. the Mayor. As the hearing continued, all witnesses wer also administered the Oath. After questioning the Mayor and City Council, Mr. Rosenberry requested that the record reflect that the ?Mayor and City Council indicated that they do not have any ;alas or opinions concerning the merits of this matter and un t hose circumstances as representative for Mrs. Sanchez, they would accept the entire panel as it is now composed. Book 25 Page 188 The witnesses that gave testimony during the hearing were as follows: Richard 6d. Dox;mois, Chief of Police; Mike Nuss, Patrol Officer; Laurie Hamilton, Patrol Officer; Ellen Erskine, Patrol Sgt.; John Downey, Patrolman; Aurora Sanchez; and Ferman Sanchez. There was also documents entered as exhibits to be included iD the record as follows: (1; The Caldwell City Code, ArticlelV, Chapter_ 7, regarding Beer Regulations; (2) Notice of Hearing; (3) Letter to Mrs. Sanchez from Chief of Police dated July 30, 1984; (4) Police Reports; (5) Document of Research on patrons; (6) Letter written by Aurora Sanchez; (7) Application for Beer License; (8) License No. 404 dated December 22, 1953. All of these documents are attached to these minutes. A tape of the entire proceedings is on file in the Office of the City Clerk. The City Attorney, at the close of the hearing, addressed the City Council and Mayor stating that the Council knew the options and with his past experience with the Council, he had trust that they would be as reasonable in this situation as they have been in the past. The key to this situation comes down to responsibility. He thought that there was a break in the responsibility accepted between the licensee and what goes on at the bar and he :felt that this break would have to he mended so that the licensee, Mrs. Sanchez, sees herself as being responsible for what does on at this location. Secondly, he thought there was a break in responsibility in terms of the management of the bar and the activities which occur outside- of the bar. He dial not think it reasonable to assume that because people are asked to leave or people actually do leave prior to the time that they encgag° in hostilities that the responsibility of the barowner ends at the threshold of the front door. He thought that the bar had to be responsible to some extent for what goes on outside of their property line. The willingness of the licensee to accept the responsibility for the actions and the activities that occur outside the bar by way or hiring, a security guard will apparently go a .long way towards solving the difficulties the Police Department has expressed. Obviously, the Council has it in their laps and they need to decide what they feel is best in terms of resolving the difficulties in trying to prevent some of the problems that :nave resulted. The Council's decision is based upon the record which has been created in the last four and a half hours. The Mayor stated that the hearing was closed and asked for action from the City Council.. P40VED by Mallea, SECONDED by Raymond that this matter be tabled for City Council discussion and a Finding of Fact and Conclusion of Law and a written decision will be rendered two weeks from today to both parties. Roll call vote. Those voting yes: Mallea, Marcus, Cowles, Raymond, Norman, and Cartier. Those voting no: none. Absent and not voting: none. (MOTION CARRIED) (BILL EEO. 17 - ORDINANCE NO. 1679 - REZONE OF PROPERTY AT FIRST AND NOGALlES COURT) The Mayor explained that a public rearing was held at the last City Council Meeting with regard to this rezone. The P;ayor then read Bill No. 17 by title only as J.oll.ows: AN ORDINANCE CHANGING THE ZONING OF CERTAIN PROP7RTY WITITIN THE CITY OF CALDWELL, IDAHO, FROM R -2T MEDIUM DENSITY RESIDENTIAL TO C -3T SERVICE COMMERCIAL AND DETERMINING THAT SAID CHANGE IN ZONING IS IN THE BEST !NTEREST OF THE CITY OF CALDWELL, IDAHO; REPEALING ALL LAWS, ORDINANCES AND RESOLUTIONS IN CONFLICT HEREWITH. Book 25 Page 189 MOVED by Norman, SECONDED by Wwles 10 suspend the rule requiring the reading of a Bill at three separate times and that Bill No. 17 be read by title only for the one reading_ Roll Call Vote: Those voting yes: Norman, Carter, Mallea, Marcus, Co�wles, Raymond. Those voting. no: none. Absent and not voting: none. MOTION CARRIED MOVED by Carter, SECONDED by Marcus that Bill No. 17 be passed and entitled Ordinance No. 1679. Roll call vote. Those voting yes: Carter, Mallea, Marcus, Cowles, Raymond, and Norman. Those voting no: none. Z�bsent and not voting: none. 'D MOTION CARRIE (BEER AND LIQUOR LICENSE FOR EL CRINGO) The Mayor stated that the next item on the Agenda was a request for a War and liquor license for El Gringo. He explained that the approval of this license would have to be mar subject to the inspection by the Fire Chief and the Building Official. They planned to open before the next Coi:.ncil Meeting so he would hope that Council would approve subject to this stipulation. Th Mayor read the letter from the Police Chief as follows: �„'illiam and Shirley Schultz, 7448 Thunder Mountain Drive, Boise, an& Linda and Ronald Butler, 2041 Varian Place, Boise, applied for licenses to purvey beer, wine and spirits at the El Cringo Restaurant, Seventh Avenue and Main Street. None have criminal records. At this writing, building and fire code inspections have not been completed, VIOVED by Raymond, SECONDED by Carter that approval be given for the beer and liquor license as requested subject to the inspection of the Fire Chief and the Duilding Official. MOTION CARRIED (RESOLliTION ON PERSONNEL POLICY CHANGES) The Mayor stated that all members of the City Council received a copy of this Resolution and he woaid hope that they were aviare of the changes. The '�ayor read the Resolution in full as follows: BE IT RESOLVED that the following amendments to th�� Personnel Policy hereby be adopted by the 'City Council, City of Caldwell, Idaho, to be effective this date, August 28, 1984. Add Section 6 to the Records and Reports Section on Page 20 as follows: The Personnel Officer is the custodian of all official City Employment records. Add a new Section 4 to the Disciplinary Action Section Appointed officials as defined in the City Code, Title I, Chapter 7, Section 1, are not employees regulated by this Personnel Policy, serve at the pleasure of the Mayor and the City Council and have no rig;ts of appeal or tenure as provided in this Personnel Policy. The last sentence of Section 3 amended to read as follows: Department Heads, who are not also appointed officials as defined in the City Code, Title I, Chapter 7, Section 1, who have completed their probationary period, have the right to appeal such action to the Personnel Advisory DoarO, Book 25 Page 190 MOVED by Carter., SECONDED by Mallea that the Resolution be passed as presented. Roll call vote. Those voting yes: Carter, Mallea, Marcus, Cowles, Raymond, and Norman. Those voting no: none. absent and not voting: none. MOTION CARRIED (COMMITTEE REPORTS) Councilwoman Mallea informed the Council that there would be a ,meeting the next day with A.I.C. concerning health insurance and all. members of the Council were invited to attend. - Councilman Carter stated) that he received a memo from the Finance Officer regarding a rehab loan which he read as follows: The Cuffs have been in to see me concerning their rehab loan. At the present time they are unable to make the required payments due to illness. They have asked that their loan be changed to deferred status. Mr. Cuff was injured in an industrial accident last year. He has been unable to work fulltime since then. This spring they received a settlement from their workman's comp claim. With that settlement they paid their past clue payments on their Loan_ They have been unable to make payments since. They have tried to start their own business (Caldwell Auto Clinic) and feel that they are doing fairly well with it. She has quit babysitting to work fulltime in this business; therefore, their income from her working has ceased. I am not in favor of deferring their contract based on the facts they have given me. They are both physically able to work and are doing so at this time. I would be in favor of deferring the principal amount of their payment if they would agree to paying 070.00 a month to keep the interest current. Their regular payment would be ;103.30. Should you agree to defer the principal amount of their payment, I would suggest that it be done on a limited time basis (no longer than 6 months) and that their situation be reviewed at that time. i would appreciate action on this as soon as possible. Their first interest payment should be made on the 1st of September to avoid having them get any further. behind. MOVED by Carter, SECONDED by Mallea to accept the recommendation as made by the Finance Officer. MOTION CARRIED Councilman Norman reported that the Golf Board was going along well. Councilman Raymond stated that he would like to make a comment at this time: It was regretable that I was not able to be at last week's Council Meeting for the Budget Ordinance. I would have supported it. With regard to discussion having to do with employee's salaries, I am surprised at some of the comments_ Prior to leaving for military training, I advised Council. President Carter that I was very pleased at the effort that the Finance Committee had made. Throughout the budget preparation process, key decisions and particularly those involving employee's salaries, all of the council was advised of the options, the costs and impact on the budget. Finance Chairperson Mallea was very dedicated to explaining the options without arguing for her personal philosophies in order to get concensus of the Council. If we made any error, it may nave been in mentioning 20. The average raise for City employees is near 50. But more importantly, the persons paying the cost of this raise, Caldwell City taxpayers, probably do not average near that percentage of raise increase this year. We do have dedicated employees, but we also have an obligation to the taxpayer. I am of the opinion that the salary and benefit schedule of City employees is a good job in Caldwell, Idaho. 1 will be happy to Book 25 Page 191 Chair a Committee including employee representatives to evaluate- j ust how we stack up with the private sector. in closing, let me say again the Finance Committee did a very good j ob in working up the budget with staff assistance, and Pat particularly played her role as a Committee Chairperson well by giving the Council options. For that effort, I think she deserves a special thanks. The Mayor stated that he would appoint Councilman Raymond and Sylvia Robison, from the Engineering Department, to make this survey. He felt it was an excellent idea. There was no other reports from Council members. (MAYCR'S COMMENTS) The Ilayor stated that he received a petition signed by several people objecting to a service charge of $90.00 for cleaning a private irrigation line. The city billed them 050.00 for the equipment set up fee and an hourly rate of $20,00 which was for two men making a total of $40.00. in comparison, he had costs f trom, Mir. Rooter which were $95.00 for the first two hours and 045.00 per hour after that and they charge from the time they leave their business in Nampa to the time they get to the job. The other comparison was Roto Rooter which charge a $109.20 fee for two hours and they also charge from the time they leave their place of business which is also Nam�)a and charge $54.50 per hour. The Mlayor further said that he had been requested to bring this before the City Council for a decision as to the charges. MOVED by Raymond, SECONDED by Mallea that the charges stand as presented by the mayor. MTOTION CARRIED The Mayor also received a letter from the City of Nampa stating that they were planning to declare September 6th as Ken Harward Day in the City of Nampa in appreciation for his outstanding service to the community. There was to be an Open House in his honor that afternoon from 4:00 p.m to 6:00 p.m. in the lobby of City Hall for his friends. They were also inviting City Department Heads and employees to come to the Conference Room in the Administrative Offices between the hours of 10:00 a.m. and 1:00 p.m. to extend their congratulations. The City of Nampa was inviting the City of Caldwell to attend either of these events whichever was more convenient. It was to be a surprise to Ken and they would appreciate cooperation from the City of Caldwell. The Mayor informed the City Council that he woulal like to organize something special and all go over together. Ken has worked with the City of Caldwell and he felt it deserved some merit. There being no further business, the meeting was adjourned at 5:00 p.m, THIS 4th DAY OT 4/1 !ouncilperson ATTEST: City Clerk APPROVED AS written Repf-pMhpr f 1984.