HomeMy WebLinkAbout1981-11-02city council minutesBook 22
EXECUTIVE SESSION
November 2, :1951
4:00 p.m.
Page 305
The Meeting was called. to order by Mayor McCluskey.
The Roll of the City Council was called with the following members
present: Williams, Mallea,.Hopper, Carter, and Betts. Absent:
Raymond:-_
The Mayor explained that this Executive Session was called by the
City Attorney, Bill Morrison, pursuant to the Idaho State Code,
Section 67- 2343 which states under (f)', "To consider and advise
its legal representative in..pending.litigation or where there is
a general awareness of` probable litigation."
The Mayor stated that he would ask for a motion to go into this
Session from the City Council as it would require a three- fourths
vote of the City Council to legally convene.
MOVED by Williams, SECONDED by Hopper that the City Council convene
into an Executive Session as requested by the City Attorney to
discuss possible legal litigation with regard to the Tice Tico Bar.
Roll call vote. Those voting yes: Williams, Mallea, Hopper, Carter
and Betts. Those voting no: node. Absent and not voting:
Raymond:
MOTION CARRIED
(DISCUSSION REGARDING THE TICO TICO BAR)
After-a lengthy discussion among the.City Council, the City Attorney
and the Chief of Police, the :following statement was issued to the
news media: "For the past ten days settlement negotiations for
voluntary license suspension have been going on between the City
Council and the Tice Tice Bar; these negotiations have apparently
failed. Due to the fact that the City Council is very concerned
for the welfare and safety of the citizens of Caldwell, it is
the intent of the City Council to exercise its authority over
licensed premises to the fullest extent. The public must be
aware that the City's authority in these matters is granted by
the State Legislature. In reviewing the City Ordinances, State
Statutes, and Administrative procedures, the City Council feels its
licensing powers and procedures are hamstrung by the State
Legislature. We have determined the best course of action is to
direct our Attorney to file a complaint for the abatement of a public
nuisance in the Third District Court. The Court has the powers
to permanently close an establishment 'deemed to be injurious to
health, safety or morals and therefore constituting a public
nuisance. The City Council will direct our City Attorney to prepare
and file a formal complaint at Wednesday noon, November 4th, Regular
City Council Meeting. "
There being no further business, the Meeting was adjourned at
6:30 p.m.
APPROVED AS written
THIS 4th
DAY OF November , 1981.
Mayor
Coun ilman Council:"
Councilman
C n ilman Councilman
ATTEST:
City Cler