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HomeMy WebLinkAbout1981-12-28city council minutesBook 22 Page 368 SPECIAL MEETING December 28, 1981 . 4:00 p.m. The Meeting was called to order by Mayor McCluskey. The Roll of the City Council was called with the following members present: Williams, Raymond, Mallea, Hopper, and Betts. Absent: Carter. The Mayor explained that the reason for calling this Special Meeting was to discuss the recommendation of the Committee with regard to the card licenses and to withdraw an offer to Mr. Gilbert. (RENEWAL OF CARD LICENSES) The Mayor stated that the decision reached by the Committee was to eliminate the Ordinance pertaining to Card Licenses. The feeling was very strong on the part of the Committee that the license at this time gives those people issued the license the idea that they were licensed to gamble. It was also felt that it must be made very, very strong that this was not to eliminate the law against gambling as it was not legal by City Code and by the State Law. Also,' in the recommendation the Mayor stated that as far as the Administration was concerned that unless there was flagrant violatio of the law or if someone called in and said that the establishment was very harmful to the individual or the family, the City would not continually monitor the establishments. If this call would occur, the Mayor said that he would call the State and if the individual was willing to sign a complaint, there would be immediate action taken. There was some discussion as to what kind of position this would put the Police Department in. Councilman Hopper pointed out that the Police Chief was concerned as he did take an oath to uphold i the law. The Committee did emphasize to the Police Department that this was a State problem. Councilwoman. Williams also commented that the establishment in question did not violate their Card License as there was :nothing in the License that.states there would be no gambling. If the Police Chief or any of his Department goes into an establishment and sees that there is gambling going on, steps that are necessary will be taken. There was an Ordinance with regard to gambling in another section of the City Code. MOVED by Mallea, SECONDED by Hopper that the Section in the City Code be repealed with regard to the card licenses according to the proper procedures. Roll call vote. Those voting yes: Mallea, Hopper, Williams, and Raymond. Absent and not voting: Betts and Carter. Those votin� no: none. MOTION CARRIED The Mayor acknowledged.the presence of Councilman Betts. (WITHDRAW OFFER MADE TO MR. GILBERT) The Mayor stated that the next order of business was to request a motion to withdraw the offer made to Mr. Gilbert which was to cost the City about $15,000. MOVED by Raymond, SECONDED by Hopper to withdraw all offers made to Mr. Gilbert with respect to the sewer line and easement to his property and that this matter be referred to the City Attorney. The City Engineer explained that Mr. Gilbert appeared before the City Council and explained several problems that had occurred with regard to the sewer line construction. Whenever the City tried to approach him, Mr. Gilbert was continually stating the damages and what was wrong with the construction. Mr. Redmond had Alpha Book 22 Page 369 Engineers meet with him in a negotiating session to determine what the bottom line was going to be. Mr. Gilbert then wrote a letter back to the City outlining the problem areas at the project. The Engineering Department went over them and drafted a letter back to Mr. Gilbert as to what the City would agree to regarding making the necessary repairs. Tony Russell. Construction also agreed that a portion of the repairs would be their responsibility. In the letter that Mr. Redmond drafted back to Mr. Gilbert., there was a section that stated that it should be understood that if the City went ahead with these repairs there would be no further claims against the City. Some weeks after Mr. Gilbert received this letter, he had his Attorney write a letter back stating that there was substantially more damage and they were still figuring the costs and there was quite a claim in addition to what the City had agreed to do. This was handled by the City Attorney and he wrote back to Mr. Gilbert's attorney indicating that the City would remove their initial offer if the costs were to be raised. At this time, Mr. Gilbert has seen fit to go to his Attorney and was apparently planning to have some kind of Court decision. The City Council discussed this issue at some length and the Mayor then asked for avote on the motion as made. Roll call vote. Those voting yes: Raymond, Mallea, Hopper, and Williams, and Betts. Those voting no: none. Absent and not voting: Carter. MOTION CARRIED There being no further business, the Meeting was adjourned at 4:20 p.m. APPROVED AS written THIS 5th DAY OF January , 1982• yor ° ounc,. man uounca mane �! L ouri ilman a z') a" Councilman ouncilman Councilman ATTEST: City CYe