Loading...
1981 01-19 AGENDA Meridian City Council January 19,1981 ITEM: Minutes of the previous meeting APPROVED 1. War Eagle Saloon -Transfer of Beer/Wine/Liquor License Motion made & seconded to approve pending approval by State of Idaho 2. The Deneh - New Beer & Wine License Application - Lowell Knox Denny APPROVED 3. Randy Moore - 2306 N.W. 12th - Sewer Charges Sewer adjustment NOT APPROVED 4. Public Hearing set Feb. 17, 1981 - Urban Limits & Functional Classifi- cation. 5. Department Reports: Speedway Parking report 6. Ord. #384 APPROVED (Topless Bars Prohibited) 7. Engineering Report: Traffic Products and Service Co. $77.70 APPROVED Rogers Machinery Co., $348.00 APPROVED 8. Fire Dispatch Agreement (911) $1320 APPROVED 9. Water Commissioner Report - Projects to be selected for improvement 10. Farmer's Club Beer and Wine License Transfer - APPROVED Meridian City Council ~:~_~~~Jan~arylg~ 1961 Regular meeting called to order by Mayor Joseph L. Glaisyer at 7;30 P.,M. Councilmen present: Richard b!illiams; Grant Kingsford; Bill Brewer; RYCk Orton Jr. Others present: Bruce Stuart: Vern Schoen; Earl Ward; Roger Welker; Gary Smith; Randy Moore; L. Eldon Denney; Brad Lloyd; Paul Olson; L Knox Denny; Ray Sotero; Steve Gratton; Dave Nelson; Douq Nichols, Sat. Minutes of the previous meeting were approved as read. Agenda 1 War Eagle Saloon - Transfer of Beer/Wine/Liquor License Mayor Glaisyer called for comments for the Council, Attorney Crookston: "There is a conflict between the original owner pf the estab- lishment, Pat Fowler, and Mr. Bates. They have not resolved all the problems so there may be some problem in transferring. The original license is still in Fowler's name." Mayor Glaisyer: "Even though he had transferred to Bates, Bates dgesn't have the authority to transfer that license or sub-lease it?" Crookston: "The base license 1s held in Escrow." Williams: "I .feel the City can't be the guardian and maintainer of that situation, if they (Denney and Nelson) have a valid application before us - I question whether the City can get invloved in a civil matter. We have no jurisdiction ever it, I don't want to be an arbitrator or a go-beetween - if they have a problem that's their problem, it shouldn't be reflected upon the City's agenda,." "Is there a legal reason why we can't transfer the license?" Crookston: ''I haven't seen the application" Mayor: "The application is signed 'Larry Bates by Howard .l. Foley, P,ttorney in Fact' Williams: "Has the State approved it?" Lowell Eldon Denney: "It's being investigated now, We have our application in." Orton: "You are aware of the problems with the transfer from the original owner?" Denney: "Yes" 6illiams: "The Police Department has no problem there now?" Sgt. Nichols: "No" Kingsford: "Who is doing business there now?" Denney: "We are doing it on a management agreement" Attorney Crookston examines Beer/Wine and Liquor transfer application and signatures. Crookston: "I cannot advise you one way or another, I can ,iust bring this to the Council's attention." Williams: "If the Police Department, or the State, had some problems- then I would be concerned." The Motion was made by 4illiams and seconded by Kingsford that the Council approve the Beer, Wine and Liquor License transfer from Larry Bates to David B. Nelson and Lowell Eldon Denney dba The War Eagle pending approval by the State of Idaho. Motion Carried: Williams, ,yea; Kingsford, yea; Brewer, yea; Orton, yea Mayor: "Eldon, if you will bring in your State approval I will sign your license transfers." Denney: "Fine" enda 2 The Deneh - New Beer and Wine License Application - Lowell Knox Denny Mayor: "Mr. Denny is going to put in a Pueblo Restaurant- that was originally planned for the Weast Business complex but has now leased the Troll Kettle. Doug do ,you have any comments on this application?' Sgt. Nichols: "None" Mayor: "Any questions from the Council?" Orton: "Is it your intent to change the character of the Troll Kettle from a restaurant to a bar?" Denny: "Oh No" "It is strictly a sit-down service restaurant, Pueblo Indian foods, I would not encourage this other than that with meals." Meridian City Council .2. danuar1y 19a 1981 Agenda 2 (Cont'd) The Motion was made by Kingsford and seconded by brewer to appprove the new Beer and Wine License application of Lpwell Knox Denny dbd The Deneh, Motion Carried: Williams, yea; Kingsford, yea; Brewer,' yea; Qrton, yea Williams: "When will you be open for business?" Denny: "I am aiming for March 2nd ~ T hate heavy equipment that has to be delivered and of course this will depend on that." Mayor: "Welcome to the community" Agenda 3 Randy Moore - 2306 N.W. 12th - Sewer Charge Randy Moore stated that he was before the Council to request that his sewer bill be reviewed on the basis that he uses excessive water outside during the winter months. Mayor: "'The City pro-rates that water for summer use it"s based on a six month average. Vou do get that adjustment in the summer time." Moore: "Yes, but it doesn`t reflect on the sewer bill does it?" "I thought it was an average of the three months--" Mayor: "Six months average." Moore: "But it still effects me the year around when I use the water during the winter" Mayor: "Thats correct" Williams: "How much water do you use?" Moore: "Callon wise, I don't know" "Wash the kennel down couple of times a week..." Orton: "We had a case exactly like this with the Meat factory when they remodeled they knew that a substantial part of their water would not flow to their sewer. We offered them, if they would meter the water they were not going to use and subtract that from the total water, we would know then what to bill them on sewer. This would be an extreme request as you would pay more for the meter than you would save in sewer use fees. If we don't have some way to know what this is we have to stick to the standard policy. I think you will have to recognize, as the 2300 other customers, that to wash your dog run, your car and a lot of other functions- we disregard those because they are a minor part of your overall use." Moore: "When it goes up $3.00 a month I feel that is a substantial amount" Mayor: "You have increased your water use by about 3,000 gallons" "I concur with Councilman Orton - unless you want to pay the money to meter the unused water, there is nothing the City can do." Orton suggested to Mr. Moore that he put in a small ground water well. Mayor ~laisyer thanked Mr. P4oore for presenting his problem. Agenda 4 OTHER BUSINESS - Mayor announces public hearing to be held on Urban limits Mayor Glaisyer announced that there will be public notice given of a meeting on February 17, 1981 concerning Urban Limits and Functional Classification. There has to be a oublic hearing held to let the public give input on this classification and also to select any streets we wish to have added to the Federal Aid System." "The map will be on display in City Hall." Agenda 5 DEPARTP~IENT REPORTS: Bldg. Inspector Schoen: "On the Speedway, was the parking ever approved on the park grounds?" Orton: "Yes, we have already told them that they could use that again this year - the same conditions.i!hat they had last year." Meridian Citv Council 9. 198 Agenda Mayor Glaisyer read Ordinance No. 384 entitleds AN ORDINANCE REPEALING SECTION 6 3-203, ENTITLED APPLTCATION FOR LICENSE, OF TTTLE III, CHAPTER 2, ENTITLED BEER, SALE AND REGULATIONS, OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN, AND ENACTING A NEW SECTION 3-203, APPLICATION FOR LICENSE, RELATING TO LICENSE APPLICATION; FILING PROCEDURE TO SELL BEER AT RETAIL; APPLICATION PROCEDURE AND FORM, SHOWING OF ELIGIBILITY OF LICENSE AND DIS- QUALIFICATIONS; NAME AND PLACE OF RESIDENCE OF APPLICANT; PLACE FOR WHICH LICENSE IS DESIRED; APPLICATION TO AFFIRMATIVELY SHOW THE 041NER, THE CON- DITION OF BUILDING OR PLACE WHERE SALE IS CONDUCTED, STATUS OF ANY PERMITS BY THE UNITED STATES; CITI7_ENSHIP OF THE OIdNER, PARTNERS, OR CORPORATE STATUS; SH041IMG APPLICANT NOT LESS THAN 19s SHOWING NO CONVICTION FOR CERTAIN VIO- LATIONS OF THE LA4J WITHIN THE PAST 3 YEARS; NO CONVICTION OF ANY FELONY WITHIN THE PAST 5 YEARS; NO REVOCATION OF ANY LICENSE FOR PAST 3 YEARS; NO CONDUCT KNOWIN(,LY ALLOWED ON PROPERTY, BY PERSONS UNCLOTHED, NO NUDE DANCING, AND DEFINITIONS; LICENSEE SHALL NOT PERMIT OR ENCOURAGE CERTAIN ACTIONS; NO EMPLOYEE TO WEAR CERTAIN DEVICES OR COVERINGS WHICH SIMULATES CERTAIN PARTS OF THE BODY; NO PERSON TO PERFORM CERTAIN ACTS, WHICH SIMU- LATES CERTAIN SECUAL FUNCTIONS; NO USE OF ARTIFICIAL DEVICES; NO PERSON TO REM1?AIN IN OR UPON LICENSED PREMISES WHO EXPOSES TO PUBLIC VIEW ANY PORTION OF HIS OR HER GENITALS OR ANUS; NO SHOWING OF CERTAIN FILMS, AS DEFINED; AFFIRMATIVE SHOWING REQUIRED OF APPLICANT: APPLICATION SUBSCRIBED AND SWORN TO BY INDIVIDUAL OR APPLICANT; FAILURE TO MAKE AFFIRMATIVE SHOWING OP, IF FALSE MATERIAL STATEF?ENT MADE RESULT IS DISQUALIFICATION FOR LICENSE; APPLICATIONS ALREADY FILED PRIOR TO EFFECTIVE DATE OF THIS ORDINANCE; EFFECTIVE DATE. Playor: Is there anyone in attendance that wishes to have Ordinance No. 384 read in it's entirety?" "There was no response." The P1otion was made by Williams and seconded by Brewer that the rules and pro- visions of 50-9002 and all rules and provisions repuiring that Ordinances be read on three different days be dispensed with and that Ordinance Number 384 as read be passed and approved. Motion Carried: tilliams, yea; Kingsford, yea; Brewer, yea Orton, yea Agenda ENGINEERING REPORT: 7 City Engineer Gary Smith, J-U-6 ENGINEERS, INC, recommended approval of two (2) bills on the Treatment Plant pro,lect. Smith stated that letter of approval has been received from Basil Tuypi for Type II Barricades, $77.70, Traffic Products and Service Co. and for a compressor for the screw pump, $348.00, Rogers Machinery Co., Inc. The Motion was made by Williams and seconded by Kingsford that the bill in the amount of $77.70 from Traffic Products and Service Comoanv and the bill in the amount of $348.00 from Rogers Machinery Co.,-from the construction account. Motion Carried: Williams, yea ;Kingsford, yea;Brewer, yea; Orton, yea Agenda 8 FIRE CHIEF REPORT - Fire Dispatch Agreement (911) Fire Chief Welker presented the new fire dispatch agreement which has gone up from $1200 to $1320 a year. The Potion was made by Kingsford and seconded by Brewer that Resolution No. 6598, City of Boise Fire Dispatch Agreement be approved. Motion Carried: Williams, yea; Kingsford, yea; Brewer, ,yea; Orton, yea There was more discussion. Rural Fire Commission has approved this agreement and stand 75% of this cost. Agenda 9 WATER COMMISSIONER REPORT Rick Orton reported that he had asked the Public Works Supt. to break out three (3) projects as there is some funds available to do some work on the older part of the water system. Orton requested the Councils permission to proceed with the first of these projects. ti ~ i _ Meridan__City Council .4. January 19 1981 Williams stated that he felt this project should be held off, or any major pro,jecf be held until after the audit is concluded. This should be concluded within two weeks. Agenda FARMERS CLUE - BEER AND WINE LICENSE TRANSFER 10 Transfer application was discussed. There were no objections to the transfer. The Motion was made by Kingsford and seconded by Orton that the transfer of the beer and wine license from Donald L. Bennett to Billy E. and Beth Chandler dba Farmer's Club be approved. Motion Carried: Williams, yea; Kingsford, yea; Brewer, yea; Orton, yea Agenda OTHER BUSINESS: 11 Randy Moore asked the Council why the fee for the dog license doubled. Police Commissioner Brewer explained .that the fee had been too little for too long but that there had been several complaints concerning the new animal ordinance; and although the majority of the ordinance was warranted, they are considering taking another look at the ordinance and may eventually cut the fee down. Until then the City will have to stand by the present ordinance. Orton explained that all fees are set to commensurate with time spent and in this case, police time spent in administering the permits. There was no other business to come before the Council. The Motion was made by Williams and seconded by Kingsford that the meeting be adjourned at 7:55 P.M. Motion Carried Meeting Adjourned. ATTEST: lilliams, yea; Kingsford, yea; Brewer, yea; Orton, yea i ` ~ ~ ~~~ i Clerk pc: Mayor and Council Clerk Treasurer Planning & Zoning Commission Hein Attorney Stuart Schoen Ward J-U-B Fire Chief of Police Ada County Commissioners ACHD Ada County Zoning Director APA AIC Central District Health Nampa-Meridian Irrigation Ray Sotero Valley News ORDINANCE N0. 384 AN ORDINANCE REPEALING SECTION 3-203, ENTITLED APPLICATION FOR LICENSE, OF TITLE III, CHAPTER 2, ENTITLED BEER, SALE AND REGULATION, OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN, AND ENACTING A NEW SECTION 3-203, APPLICATION FOR LICENSE, RELATING TO LICENSE APPLICATION; FILING PROCEDURE TO SELL BEER A7 RE- TAIL; APPLICATION PROCEDURE AND FORM, SHOWING OF ELIGIBILITY OF LICENSE AND DIS - QUALIFICATIONS; NAME AND PLACE OF RESIDENCE OF APPLICANT; PLACE FOR WHICH LICENSE IS DESIRED; APPLICATION TO AFFIRMATIVELY SHOW THE OWNER, THE CONDITION OF BUILD- ING OR PLACE WHERE SALE IS CONDUCTED, STATUS OF ANY PERMITS BY THE UNITED STATES; SHOWING APPLICANT NOT LESS THAN 19; SHOWING NO COVIC7ION FOR CERTAIN VIOLATIONS OF THE LAW WITHIN THE PAST 3 YEARS; NO CONVICTION OF ANY FELONY WITHIN THE PAST 5 YEARS; NO REVOCATION OF ANY LICENSE FOR PAST 3 YEARS: NO CONDUCT KNOWINGLY ALLOPI- ED ON PROPERTY, BY PERSONS UNCLOTHED, NO NUDE DANCING, AND DEFINITIONS; LICENSEE SHALL N07 PERMIT OR ENCOURAGE CERTAIN ACTIONS; NO EMPLOYEE TO WEAR CERTAIN DEVICES OR COVERINGS WHICH SIMULATES CERTAIN PARTS OF THE BODY; NO PERSON TO PERFORM CER- TAIN ACTS, WHICH SIMULATES CERTAIN SEXUAL FUNCTIONS; NO USE OF ARTIFICIAL DEVICES: NO PERSON TO REMAIN IN OR UPON LICENSED PREMISES WHO EXPOSES TO PUBLIC VIEW ANY PORTION OF HIS OR HER GENITALS OR ANUS; NO SHOWING OF CERTAIN FILPIS, AS DEFINED; AFFIRMATIVE SHOWING REQUIRED OF APPLICANT: APPLICATION SUBSCRIBED AND SWORN TO BY INDIVIDUAL OR APPLICANT; FAILURE TO MAKE AFFIRMATIVE SHOWING OR IF FALSE MATERIAL STATEMENT MADE RESULT TS DISQUALIFICATION FOR LICENSE; APPLICATTONS ALREADY FILED PRIOR TO EFFECTIVE DATE OF THIS ORDINANCE; EFFECTIVE DATE. Whereas, the City Council and the Mayor of the City of Meridian, have con- cluded that it is in the best interest of said City of repeal Section 3-203, Application for License, of Title III, Chapter 2, Beer, Sale and Regulation, of the Revised and Compiled Ordinances of the City of Meridian, Ada County, Idaho, and to enact a new Section 3-203, to be entitled Application for License, of Title III, Chapter 2, so as to be more specific. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR OF THE CITY OF MERIDIAN, AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO, Section 1. That Section 3=203, Title III, Cfiapter 2, of the Revised and Com- piled Ordinances of the City of Meridian is hereby repealed. Section 2. That the following Section 3-203, Title III, Section 2, of.the_re- vised and Compiled Ordinances of the City of Meridian is hereby adopted and shall ^~, read as follows: ___ ~_ 3-203 APPLICATION FOR LTCENSEs __ = (A) License Application - Filing Procedure: """ (1) Every person who applies for a license to sell beer at retail.. shall ' tender the license fee to, and file written application for license with the clerk. - (2) The application shall be on a form prescribed by the clerk, which.,`' shall require such information concerning the applicant, the pre-. .;~~ mises for which the license is sought and business to be conducted thereon by the applicant, as shall 6e required by the laws of the State of Idaho, which shall enable the clerk to determine that the applicant is eligible and has none of the disqualifications for license as provided by the laws of the State of Idaho and the Ordinances of the City of Meridian.. (B) License Application - Contents: (7) The information in the application provided for in Paragraph (A) of this Ordinance shall include the following: (a) The name and place of residence of the applicant and length of his residence within the State of Idaho, and if the applicant is a partnership, the names, places of residence and lengths of residence within the State of Idaho of each partner, and, if the applicant is a corporation or association, the date and place of incorporation or organization, the location of its principal place of business in Tdaho and the names and places of residence of its officers, directiors or members of its gov- erning board, and of the person who manages or will manage the business of selling beer at retail; (b) The particular place for which the license is desired, desig- nating the same by a street and number, if practicable, or by such other apt description as definitely locates such place, and the name of the owner of the premises for which license is sought; (2) The application shall affirmatively show: (a) That the applicant is the bona fide owner of the business which will be engaged in the sale of beer at retail and with respect to which license is sought; (b) That the condition of the place or building wherein it is pro- posed to sell beer at retail conforms to all laws and regula- tions of the State of Idaho and to the ordinances of the county 249 munici~ity applicable^thereto relatin~o pub health and safety and to the zoning ordinances of the municipality applicable thereto; (c) That there is no stamp or permit outstanding and in force which has been issued to any person by the United States government for the premises for which license to sell beer at retail is sought which stamp or permit denotes payment of any special tax imposed by the United States government on a retail dealer in liquor or wines, un- less said premises are premises for which a retail license for sale of liquor by the drink, issued under the provisions of Chapter 9, Title 23, Idaho Code, is in force and effect; (d) That the individual applicant, or each partner of a partnership applicant, is a citizen of the United States; or with respect to a corporation or association, that it is qualified to do business within the State of-Idaho and that the person who is or will be the manager of the corporation's or association's business of selling beer at retail is a citizen; further, that such individual applicant, at least one (1) of the partners of the partnership applicant, and said manager of the corporation or association applicant, shall have been a bona fide resident of the State of Idaho for at least thirty (30) days prior to the date of .application; (e) That the applicant, if an individual, is not less than nineteen (19) years of age; (f) That within three (3) years immediately preceding the date of fil- ing the application, the applicant has not been convicted of the violation of any law of the State of Idaho, any other State, or of the United States, regulating, governing or prohibiting the sale, manufacture, transportation or possession of alchoholic beverages or intoxicating liquors, or within said time, suffered the forfei- ture of a bond for failure to appear in answer to charges of any such violation; (g) That within five (5) years immediately preceding the date of filing the application, the applicant has not been convicted of any felony or paid any fine or completed any sentence of confinement therefor within said time; (h) That within three (3) years next preceding the date of filing said application, the applicant has not had any license provided for herein, or any license or permit issued to the applicant pursuant to the law of this State or any other state, or of the United States, to sell, manufacture, transport or possess alcoholic beverages or intoxicating liquors, revoked; (i) That no person, partnership, association, or corporation conducts or knowingly permits in or upon the premises: 1. Employment or use of any person, paid. or unpaid in or upon the licensed premises, while such person is unclothed or in such at- tire, costume, or clothing as to expose to view any portion of the female breast below the top of the areola or any portion of the pubic hair, anus, cleft of the buttocks, vulva or genitals; 2. Any nude dancing, on the premises, such nude dancing being de- fined as, any female who dances, acts or simulates dancing, who is unclothed or in such attire, costume, or clothing as tq ex- pose the portion of the female breast below the tap of the areola or of any portion of the pubic hair, anus, cleft of the buttocks, vulva or genitals, or any male who dances, acts or simulates dancing, who is unclothed or in such attire, costume, or clothing as to expose to view any portion of the male genitals, pubic hair, anus or cleft of the buttocks; 3. Encourages or permits any person on the licensed premises to touch, caress or fondle the breast, buttocks, anus,.or.genitals of any other person; _ ~ - - 4. Any employee or person to wear or use any device or cpvering_, exposed to view, which simulates the breast, genitals, anus-, ,:= pubic hair or any portion thereof; ~ - 5. Any person to perform acts of or acts which simulates: sexuaT_~ intercourse, masturbation, sodomy, bestiality, oral copulation;; flagellation or any sexual acts; the touching, caressing or _ fondling of the breast, buttocks, anus, or genital; the_cks- playing of the pubic hair, anus, vulva or genitals; 6. Any person to use artificial devices or inanimate objeats'to depict any of the prohibited activities described in para- graph (i) subsection (5) above; 7. Any person to remain in or upon the licensed premises who ex- poses to public view an,y portion of his or her genitals or anus, or any portion of the body described in paragraph (i) (2) above; 250 8. 1Fie showing of films, still pictures, elect. is rep~oduc- tions, or other visual reproductions depicting: (i) Acts or simulated acts of sexual intercourse, masturba- tion, sodomy, bestiality, oral copulation, flagellation or any sexual acts. (ii) Any person being touched, caressed or fondled on the br- east, buttocks, anus or genitals; (iii) Scenes wherein a person displays the vulva or the anus or the genitals; (iv) Scenes where artificial devices or inanimate objects are employed to portray any of the prohibited activities described in paragraph (B) (2) (i) 8 (i), (ii), or (iii) (3) The affirmative showing required with respect to an applicant under (e), (f), (g) and (h) of (B) (2) hereof shall also be required to be made with respect to each partner of a partnership applicant and to each incum- bent officer, director or member of the governing board of a corporation or association applicant, and to each person then employed by an applicant whose duties include the serving or dispensing of beer. (4) The application must be subscribed and sworn to by the individual applicant, or by a partner of a partnership applicant, or by an officer or manager of a corporation or association applicant, before a notary public or other person authorized by law to administer oaths. (5) If an applicant shall be unable to make any affirmative showing required in this section or if an application shall contain a false material statement, knowingly made, the same shall constitute a disqualification for license and license shall be refused. If license is received on any applica- tion containing a false material statement, knowingly made, such license shall be revoked. If at any time during the period for which license is is- sued a licensee becomes unable to make the affirmative showings required by this section, license shall be revoked, or, if disqualification can be re- moved, the license shall be suspended until the same shall be removed. The procedure to be followed upon refusal, revocation, or suspension of license as herein provided for shall be in accordance with the laws of the State of Idaho, and the City Council reognizes the Administrative Procedures Act of the State of Idaho and such suspension shall be pursuant to said act located in Chapter 52, Title 67 of the Tdaho Code, or such other procedures as from time to time the Legislature of the State of Tdaho shall enact. (C) Prior Applications and Retroactive Effect: This Ordinance shall apply to all persons, partnerships, corporations or other business entities which presently hold a license. All applica- tions for licenses for the year 1980 shall be deemed to have included the showing and representations required under this Ordinance. Provided, how- ever, that if the person, partnership, corporation or other business entity holding the license cannot make the affirmative showings required by this Ordinance, the license shall be revoked or suspended as required under par- agraph (B) (5) above. (D) Construction: This Ordinance shall be construed in conjunction with the other laws of the City of Meridian relating to the sale of beer such that there shall be no conflict, but, in the event there is, the most recent enactment shall govern. Section 3. WHEREAS, there is an emergency therefor, which emergency is declared to exist, this Ordinance shall take effect and be in force and ef- fect from and after its passage, approval and publication as required by law PASSED by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this 19th day of January, 1981. - APPR ED: - ~ -ATTEST;, ., May. r ~.ty'.lerk rt/ pc: Minutes File AIC Sterling Codifiers