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Code be repealed with regard to the card licenses according to the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•
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