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HomeMy WebLinkAbout1981-12-22city council minutesBook 22 Page 360 REGULAR MEETING December 22, 1981 12:00 Noon The Meeting was called to order by Mayor McCluskoy. 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: Williams, Raymond, Mallea, Hopper, and Betts. Absent: Carter. (AUDIENCE PARTICIPATION) The Mayor asked if there was anyone in the audience who cared to bring anything before the City Council that was not on the prepared Agenda. Since there was no one, the Mayor declared that the Meeting would continue as outlined on the prepared Agenda. OLD BUSINESS (RECOMMENDATION WITH REGARD TO LICENSE REQUEST FROM LITTLE JOHNS) The Mayor stated that he would like to explain the action that was taken on the license for Little Johns. The Police Chief, the City Attorney, the I -Tans, Bill Gigray, Jr., and the Mayor met and the decision was made that Mr. Han would list the people that were causing problems time after time in his establishment and would refuse service to those people and also would provide this list to the other bars. Also, that a security window would be put in so the Police Officer going along the street could observe inside without having to enter the building, they would join the Bar Owners Association, and that they would hire responsible employees. It was also determined that the Police Chief and the Mayor would re- evaluate the condition that exists there in six months. With this list of five items, which the Hans were very receptive to as was their Attorney, it was recommended that the Beer License be allowed. Councilman Hopper questioned the Mayor as to whether a Letter was written to the Hans stipulating the items discussed. The Mayor stated that this was done verbally and the Hans were told that they could apply for the license. MOVED by Hopper, SECONDED by Mallea that the City Council accept the stipulations as outlined by the Mayor for Little Johns to apply for their license and that a letter be written to the Hans notifying them of the Council's acceptance - 6f the items. (EASEMENT AT AIRPORT) MOTION CARRIED The Mayor called on Councilman Hopper to give an explanation as to the easement at the Airport. Councilman Hopper reported that the Committee finally drafted a letter that they would request the Mayor's signature on indicating and outlining what the City's concerns have been and where the City' position was with regard to the easement across the Campbell property to the Harris property out near the Airport. hie was not sure if the Jensens had read the letter as yet, but all members of the City Council had read the letter. Councilman Hopper felt that all who have read the letter generally concur with the tone of the letter and the City Attorney has looked at the letter and given his approval. It was then MOVED by Hopper, SECONDED by Raymond that the letter be typed and prepared for the Mayor's signature and mailed to Mr. Whitener Councilman Hopper further pointed out that there was one word in the letter that may or may not be changed in the letter. The City Attorney was to notify them as to how it should be worded. Book 22 Page 361 The Mayor then asked for a vote on the motion as made. (UPDATE ON PERSONNEL POLICY) MOTION CARRIED The Mayor stated that he would give a general update to the City Council on where they were in the personnel policy at this time. Ron Redmond, the City Engineer, was recognized and said that all members had received copies of the proposed personnel policy. There was three parts to the policy and he had also given a copy to Mr. Eaebo so that the Employee's Association could review it as well. Councilman Raymond said that he would suggest that the City Council have a workshop with regard to the personnel policy so it could be discussed. He felt that it was a far reaching document and well put together, but that there would be a better understanding if they did get together for a round table discussion. The Mayor recommended that a workshop be scheduled for the 6th of January at 4:00 p.m. for this purpose. MOVED by Hopper, SECONDED by Williams that a workshop be scheduled for 4:00 p.m. on January 6, 1982, with regard to the Personnel Policy. MOTION CARRIED (REPORT ON WATER STUDY) The Mayor reported that there would be a workshop meeting on the Water Study on December 28, 1981, at 4:00 p.m. Phil Leahy will be here to discuss this study with the City Council. NEW BUSINESS (REQUEST FOR BEER LICENSE - WALDORF) The Mayor requested that the Chief of Police give a report with regard to the request for a Beer License from the Waldorf. The Police Chief was recognized and stated that in line with reviewing the licenses for 1982 for the high volume police calls for services at licensed establishments, the Waldorf Cigar Store fell in that category. The Waldorf law enforcement activity was generally violent with most altercations being inside the establishment. There have been 1.39 calls associated with this licensed bar since January 16, 1977, and 29 in the past year. The bar was recently closed by Police Officers as no one on the premises was licensed to operate it. It opened, however, in a matter of hours. It was currently closed for remodeling, but was generally a seven night a week house which sometimes closes early if business was poor. I have been told by officers that there are many unreportec incidents as they feared they would be charged $50.00 a call. The Chief said that he had been advised that new management can be expected when the place reopens. The .Mayor stated that he would like to clarify that there was no intent on the part of the City of Caldwell to cause the bars undue stress in their business. The City feels that the things that have happened have caused the City of Caldwell embarrassment and those things were something that both the City and the establishment could do without. It was the intent on. the Mayor's part and also the Council's that if they could get the unwanteds out of town, the City would be much better off. The Council would like to have any suggestions that the b ar owners might have to assist them in helping their establishments and whatever the Council may suggest would be voluntary on their part. Mr. Bill Upshaw was recognized and explained that he would be the new management. In the previous place where he was in a manager's Book 22 Page 362 position he had no problems at all as he would not tolerate any of these kinds of problems. He further stated that he would be taking over as the Lessee. The Mayor informed Mr. Upshaw that he would encourage him to join the Bar Owners Association. The Mayor further said that based on the fact that there would be a new management, he would recommend that the City Council allow this establishment to apply for their license and that it be granted to them. There was further discussion from the City Council with Mr. Upshaw and the Chief of Police. Councilman Raymond pointed out that there was some concern with regard to the appearance of the front and back of the establishment as there was a lot of debris there. It was his suggestion that Mr. Upshaw try to take care of this problem and Mr. Upshaw did agree to this suggestion. - MOVED by Raymond, SECONDED by Hopper that the license to the Waldorf be renewed upon the proper application being made to the City Clerk' Office. MOTION CARRIED (REQUEST FOR BEER LICENSE - TICO TICO) The Mayor informed the City Council that Mr. Leos was in the audience with regard to the renewal of this license. He further commented that he had discussed this renewal with the City Attorney and he felt that when the City was attempting to get this license removed permanently that the City Council could not very well act on this license. In talking with the City Attorney, his recommendation was to table this request until disposition was made by the Courts. Councilman Raymond was recognized and stated that he agreed with this, but that the Council was bound to renew this license upon application until it was known how the litigation was determined. If it was not renewed then the involvement in the litigation would be changed. He felt that it should be allowed to run its own course. The Mayor stated that it would be Councilman Raymond's opinion against that of the City Attorney. The logic of the Courts would. probably say that Councilman Raymond was right, but the Mayor questioned the Attorney and his suggestion was to table the request for the beer license until disposition was matte by the Courts. MOVED by Hopper, SECONDED by Mallea that the City Council accept the recommendation made by the City Attorney to table this application for a beer license. Councilman Raymond then stated that he would like from the City Attorney some guidance; as to what: happens if the City has the right to not renew the license as he could see another court case coming. The Mayor stated that it was a moot point as to whether the City had the right to remove the license or to take the license away. It was the Mayor's feeling that the Council would be two -faced if they renewed the license for 1982 and then turned around and tried to take it away. It was the Mayor's feeling that Councilman Raymond was going on a point of law and the City Attorney was going on a point of logic. The Mayor staged that he would stand by the point of logic. After more discussion, Councilman Betts called for the question. The Mayor then asked for a roll call vote. Those voting yes: Hopper, Betts, Williams, and Mallea. Those voting no: Raymond. Absent and not voting: Carter. MOTION CARRIED Councilman Hopper requested that the Mayor inquire as to whether there was anyone else in the audience who cared to address the licenses. There was no one recognized and the Mayor then asked if Mr. Leos cared to make any comments. Mr. Leos stated that he did no Book 22 Page 363 so the Mayor declared that the meeting would continue as outlined. (BID OPENING FOR POLICE CARS) The Mayor called on the Police Chief to open these bids for police cars. The Police Chief reported the bids as follows: Edmark Motors from Caldwell: The bid proposal form was properly filled out for three 1982 Standard Police cars as per specifications provided by the City Clerk dated December 7, 1981. The total cost for three sedans was $29,172.21. This bid was for three 1982 Mercury Marque sedans. Happy Day Ford from Caldwell: The bid proposal form was properly filled out for three 1982 Standard Police Sedans as per specifications. The bid for these three was $27,447.00 for three Ford LTDs. The Police Chief further commented that it would appear that the bid from Happy Day Ford was the lowest bid. It was the Chief's recommendation that a Committee be appointed to study the proposal made by both dealerships to determine if they do meet the specifications. MOVED by Betts, SECONDED by Hopper that a Committee be appointed to study the bids submitted by Edmark Motors and Happy Day Ford to determine if they do meet the specifications. MOTION CARRIED The Mayor then stated that the Committee would consist of Councilman Betts, Ron Redmond, City Engineer, and the Police Chief. (REVIEW AND DISCUSSION WITH REGARD TO RENEWAL OF CARD LICENSES) The Mayor stated that the next item on the Agenda was review and discussion with regard to renewal of card licenses. The Mayor informed the City Council, although he was sure they were all aware of it, that the State has seen fit to put pressure on the various establishments in Nampa and Caldwell on the card games. The State Law stated that there will be no exchange of money or any other merchandise in a card game. The City Code also states the same thing. Generally speaking throughout the community, the policy has been to ignore the games as long as no one was harmed. When the State starts pressing the City to follow the law, everybody at this table has the responsibility to see that this law is not broken. The Police Chief, more than anyone else, has to follow the law and action was taken as of last night with J.B.'s Card Room. It was the Mayor's recommendation that licenses for the new year be issued to only those establishments who have not been gambling for money on the premises. The Mayor further stated that he did discuss this with the City Attorney and his recommendation was that the City Council would table any action taken on issuing card license to J.B.'s until a determination was made as to whether gambling in the card game actually occurred. Those who were picked up for gambling and cited have not as yet appeared in court. Until the Courts take whatever action might be necessary to stipulate that they have ac tually gambled, the City can't issue a card license to that establishment. Under the State Code and the City Code, the Attorney felt that this had to be his recommendation. Councilman Raymond was recognized and stated that he would disagree as the City Code does not in any way address gambling. If the City can issue a card license to any establishment and if there was a violation of a law while that establishment was being operated, the person charged must face that in Court. It does not have anything to do with the license on the wall. Under the Beer or Liquor License Code, if an establishment was convicted of certain violations, the license was directly affected. The Mayor pointed out that there was a nuisance factor in the City Code as well. There was two sections in the Code that directly referred to any place that has cards and gambling was going on. Book 22 Page 364 Councilman Raymond further stated that the City has been told that Caldwell has the highest accident rate in the State, a major center for drug traffic, an untold number of burglaries, and now the City was worried about aho was playing pastime cards. His concern was that many of the Public have a pastime that they enjoy and businesses in town were open to provide this facility and were being run reasonably well. The City Ordinance says that a license can be granted for this and he felt that this was what they should do. The Mayor answered that there was one particular item to remember; the action was taken by the State of Idaho. The Chief of Police was under an obligation to the State and the State level was where the issue had to be addressed. John Bullis, the operator of J.B.'s Cardroom was recognized and stated that he felt he was not treated fairly by either the City f Government or the State Government. I-Ie was not warned at all and it was his understanding that they were warned in the City of Nampa. I-Ie further said that his property was stolen by the State and the Chief of Police and he would defy anyone to state that his cardroom was a nuisance. The Mayor stated that he might add that in his knowledge of the card players around town when he talked to them, was that Mr. Bullis' particular establishment was by far among the best. There was low amounts of money being played, but the law does not stipulate this at all. The Police Chief responded that with regard to being warned or contacted, Mr. Bullis was well aware that he was contacted by the State people. He was aksed to cease and desist by the State at that time. After further discussion, Councilman Hopper stated that this item could be discussed all afternoon and he wondered if it wouldn't be appropriate to form a committee and talk about this. I-Ie felt very reluctant to vote against the recommendation of the City Attorney. It was then MOVED by Hopper that the Mayor form a Committee to talk the problem over with the owner in question and the City Attorney. The Mayor stated that he would very willingly, but felt that they had all the information necessary from Mr. Bulbs. As to the action the City Council should take should be a point of law in this instance. He would prefer setting up the Committee and if the Committee decides that they want to contact Mr. Bullis it would be their prerogative to do so. The motion was then SECONDED by Raymond. He further pointed out tha as he understood it at this time, there was nothing to prohibit the operation of the cardroom right now. The Police Chief pointed out that except for the fact that it was against the law and from what was seen the night before, it was against the law as they were gambling for money. The Mayor also stated that the City Council could set a Special Meeting to discuss this before the first of the year and action take after the Committee's review. It was his suggestion that a few minutes be scheduled before the work session on the 28th of December. Councilwoman Mallea asked for a more extensive explanation as to what had happened the night before at the Cardroom under discussion and the Police Chief explained in some---a detail as to what occurred. Also entering into the discussion was Dean Abrahams, State Senator from Canyon County. The Mayor then asked for action on the motion as made by Councilman Raymond. MOTION CARRIED The Mayor then appointed Councilman Betts, Councilman Hopper, the Police Chief and himself on a Committee to study this particular Cardroom license and to bring a recommendation back to the City Council prior to December 28th, 1981. Book 22 Page 365 (EXPLANATION ON POSITION WITH COUNTY ON PRISONERS) The Mayor requested that the Police Chief give a brief explanation as to where the City was with regard to the position with the County on the prisoners. The Police Chief reported that Councilman Betts, the Mayor, representatives from the News Media and he had met with the County Commissioners and asked them if they would give serious consideration to compensation being something other than monetary. The City was in the position of having no budgetary ,account to cover such expenses. The proposal was for two police officers for five days a week to assist in handling arraignments and other jail duties that might come up between 2:00 and 4:00 p.m. in the afternoon and that those people's value would probably be in salary about $5,439.00 a year. The City would continue to care for canines from all County areas at a cost of $7.00 per animal. This would amount to a little over a $1,000 a year. Other alternatives might have been to contract with the City of Nampa, to which they were not receptive at all. They would take Caldwell's prisoners under emergency basis, but when the crisis was over they were not interested in handling the prisoners. The second alternative might be to upgrade the Caldwell City Jail as it once was and find a place for all of the items that were stored in it at this time. It would appear that it might not take too much to bring it back up to standard. The Police Chief further stated that he would recommend to the City Council that the City go with the most viable alternative and that with which they were most comfortable with which was to board the City of Cladwell's prisoners at the Canyon County Jail. If the County was willing to receive their compensation in the form of inkind services, he felt that the Council would be well advised to go along with putting two people at the County for two hours a day. The City Council discussed this issue at some length and the Chief further said that Commissioner Hobza and Commissioner Bledsoe were well satisifed withl',the City of Caldwell's presentation and were sure that Commissioner Jensen would be as well. If the County would change the rate, then the City would have to give the proposal reconsideration. (COMMITTEE REPORT ON BORWNING- FERRIS NEGOTIATION) The Mayor requested that Councilwoman Mallea give a brief report as to where the Committee was with regard to these negotiations. Councilwoman Mallea stated that she and Councilman Raymond had discussed this and recived a call from Larry Peterson, who was going to be out of town this week and a meeting will be set up some time between Christmas and New Years. It was hoped that after meeting with these people, the Committee would have a recommendation for the City Council. (APPOINTMENTS TO PLANNING AND ZONING COMMISSION) The Mayor stated that he would like acceptance by the City Council of the appointment of two members to the Planning and Zoning Commission. One would be Barbara Pollard and the other would be Doyle Meacham. MOVED by Williams, SECONDED by Mallea that the City Council accept the appointment of Barbara Pollard and Doyle Meacham to the Planning and Zoning Commission. MOTION CARRIED (COMMITTEE REPORTS) Councilwoman Williams informed the Council that she had the minutes from the Stadium Board Meeting which she would have to the Council members soon and the minutes should report all that was done at that meeting. Councilman Betts reported that they were in the process of changing the phone system in the front office so that all of the callswould come into the front office instead of the Mayor's Office. It was felt that this would be easier as most of the calls were for the Water Department. Book 22 Page 366 Councilman Hopper stated that he had no reports to make at this time. Councilwoman Mallea stated that she would like to commend the City Employees for the fine effort made by them for the two parties held the last week; one for the two retiring Council members and the party held for all of the City Employees. The Mayor also stated that he would also like to congratulate the employees for their efforts made for the two parties. There was no other reports from the Council members. (MAYOR'S COMMENTS) The Mayor stated that there would be no noon meeting on the Sth or' January, 1982. (GRANT INCREASE REQUEST) The Mayor requested that the City Engineer, Ron Redmond, explain this request for a grant increase to the Department of Health and Welfare. Mr. Redmond stated that there was a grant increase request from the Department of Health and Welfare on the Treatment Plant as there was an over run. The original request, back in September, for the grant increase was $138,000, but through negotiations the request was now for $20,000 and Mr. Redmond stated that he would like permission from the City Council for this increase. It was his recommendation that it be approved. MOVED by Hopper, SECONDED by Mallea that the City Council accept the recommendation of the City Engineer for the Grant increase as presented. (APPEAL ON PLANNING AND ZONING DECISION) MOTION CARRIED The Mayor read a letter addressed to the Mayor of the City of Caldwell from Kathleen Stewart requesting an appeal for a decision made by the Planning and Zoning Commission. A Special Use Permit was given to Cathy and Dick Hill to open an electronic.game center at Ill Cleveland Boulevard and Ms. Stewart requested an appeal to this decision. The Mayor recommended that this request for an appeal to the City Council regarding a decision made by the Planning and Zoning Commission be granted and he would ask that the date be set for the Regular City Council Meeting on the 12th of January, 1982. MOVED by Williams, SECONDED by Mallea that Ms. Stewart be notified . that she has the right: for this appeal to the City Council and that the hearing would be set for January 12, 1982, at the Regular City Council Meeting. MOTION CARRIED (REQUEST FOR NEW BEER LICENSE - PIRATE:S COVE) The Mayor informed the City Council that there was a request for a new license for Beer, Wine,, and Pool at the Pirates Cove. The Mayor then read the following; letter from the Police Chief with regard to this request: The Idaho Bureau of Investigation has completed its background check on Dale Bright and James Belknap who have applied for a beer license at the Pirate's Cove on East Cleveland Boulevard. I have spoken with Department of Law Enforcement personnel and Mr. Belknap regarding the license and find no reason for denial MOVED by Mdllea,.SECONDED by Williams that these three licenses for the Pirates Cove be approved. MOTION CARRIED Book 22 (CATERING PERMIT) Page 367 The City Clerk presented one Catering Permit requested by the Eagles Hall for a wedding on January 7, 1982, to be catered by the Corral Lounge. The Clerk informed the Council that the request was approved by the Police Chief and the fee was paid to the Office of the City Clerk. MOVED by Betts, SECONDED by Mallea that the Catering Permit as presented by the City Clerk be approved. (REMARKS BY POLICE CHIEF) MOTION CARRIED The Police Chief was recognized and stated that he had acted as a liaison with the Caldwell Bar Owners Association as requested. The Association requested a meeting with the Mayor's Liaison Committee and he would recommend that the Mayor appoint this Committee as they would like to meet on January 3, 1982. The Mayor then stated that he would appoint the Police Chief, Councilman Betts, Councilman Raymond and also the Mayor on this Committee. There being no further business, the Meeting was adjourned at 1 :40 p.m. APPROVED AS written THIS 5th DAY OF January , 1982. un lman ouncilman ATTEST: Mayor you .ma V Co nci1ma Councilman City cietk -- _...�