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HomeMy WebLinkAbout1983-01-25city council minutesBook 2.4 REGULAR MEETING January 25, 1983 12:00 Noon Page 22 The Meeting was called to order by Mayor McCluskey. 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: Raymond, L. Carter, J. Carter, Mallea, Betts, and Cowles.' Absent: none. (AUDIENCE PARTICIPATION) The Mayor asked if there was anyone in the audience who cared to address any issues that were not on the prepared Agenda. Since there was no one, the Mayor declared that the Meeting would continue as outlined. OLD BUSINESS (FIRST READING OF BILL NO. 3 - MANUFACTURED HOUSING) The Mayor stated that the meeting would proceed with - the first reading of the proposed Bill 'on"an amendment to the zoning regulations to allow manufactured Housing to be included as single family residences. The Mayor then read Bill No. 3 by title only as follows: AN ORDINANCE AMENDING TITLE VI, CHAPTER 2, SECTION 2.1 Or THE MUNICIPAL CODE OF THE CITY OF CALDWELL, STATE OF IDAHO, BY PROVIDING A CHANGE IN THE LAND USE SCHEDULE, TABLE 1, OF THE ZONING REGULATIONS TO ALL01;,7 MANUFACTURED HOUSING TO BE INCLUDED AS SINGLE FAMILY RESIDENCES; AND AMENDING TITLE VI, CHAPTER 5, SECTION 4 OF SAID MUNICIPAL CODE DY ADDING A DEFINITION FOR MANUFACTURED HOUSING; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS 'THEREOF IN CONFLICT HEREWITH. The Mayor recognized Mrs. Robison who stated that she would like to introduce John Connolly, Attorney at Law, who was a member of the firm Connolly and Smyser, who was at the present time City Attorneys for the City of Caldwell. Mr. Connolly spoke at some length and answered many concerns of the City Council with regard to this Bill. Councilwoman Mallea stated that her concern was that the zoning_ has provided a protective covenant for older neighborhoods and with this ordinance all of these protections are abrogated and putting the responsibility on the neighborhood to provide its own coverage rather than on the person who wishes to change. She further said that she would like an opinion from the Attorney General whereby the people would have to ask for acceptance of the neighbors within 300 feet to have this type of housing in an older neighborhood. Newer development will protect themselves with covenants; it was the older areas that she was concerned about. Mr. Connolly stated that they could apply to the Attorney General for an opinion or his firm could provide them with an opinion. The City would be dealing with a situation where they would be delegating zoning authority away in that they would be allowing the neighbors within 300 feet to have the decision as to whether or not a use is allowed in a particular zone. There was a legal issue here. Councilwoman Mallea stated that she would not develop new zoning; just that the housing had to be acceptable to the neighbors. She could support the Bill for the first reading, but would like an opinion before the Bill was passed. Book 24 Page 23 After futher discussion, the Mayor declared this to be the first reading of Bill No. 3 and that they would delay the second reading until the City Council received word from Mr. Connolly with regard to this request for an opinion. (DECISION ON THE VACATION OF FOURTH AVENUE) The Mayor stated that the next item was for the City Council to make a decision on the vacation of Fourth Avenue. The Mayor further informed the audience that there was testimony received on the 19th and 20th of January during regular City Hall hours. At the Public Hearing during the previous City Council Meeting, the Council stipulated that written testimony would be accepted on these two days during the regular working hours at City Hall. Copies of all the written testimony was distributed to the members of the City Council for their purusal. The Mayor stated that he would make a count of the testimony received while the discussion continued at this time. Councilman Raymond said that he had made a decision with regard to this vacation. He listened very closely to the testimony the night of the Public Hearing, talked to a lot of people within that area and outside of the area, and it was his opinion that the vacation of Fourth Avenue will be in the best interest of the City of Caldwell. It will increase property values in that area, the traffic patterns that will be established with the completion of the Freeway will negate the need for Fourth Avenue as a throughway. Councilman Raymond further said that he would vote in favor of the closure because of these reasons. Councilman Cowles commented that it was unfortunate that a lot of the public felt it was easy to close a street in the City of Caldwell.. If they were sitting on the side of the table as the City Council was, it was by any means an easy decision as they do try to be unbiased and listen to all. the testimony submitted. The vacation of Fourth Avenue is not so much a question of favoring big business over the smaller businesses,, it was question of supporting businesses in general to expand hopefully to the benefit of the City of Caldwell. when a business does expand, whether big or small, Councilman Cowles stated that it was the City Council's responsibility to listen to all of the concerns of all the people in the area and out of the area to see what kind of effect it will. have. Iie could find a great many more benefits to the expansion of Albertsons and the closure of Fourth Avenue for the community and the people than he could see detriments to the surrounding area. He was in the favor of the expansion of Albertsons and was in turn in favor of the closure of Fourth Avenue. Councilman Cowles further commented that he looked forward to the growth Albertsons would bring to this section of town that desperately needed some growth. The Mayor reported at this time that there was forty- -six affirmative signatures on the written testimony plus the Board of Directors of the Chamber of Commerce for the closure of Fourth Avenue. Lanny Berg was also in favor of the closure which the Mayor felt should be brought out as they were effected directly. Councilwoman Mallea stated that no one dislikes closing streets more than she does_ The question was not the benefit of a particular benefit; the question was the public good of the City. If the City was to keep Commercial Zones, it was her opinion that the City must accommodate Commercial enterprises. Therefore, she too would support the Planning and Zoning recommendation. It was then MOVED By Raymond, SECONDED by Cowles that the City proceed to vacate Fourth Avenue between Cleveland and Blaine. Book 24 Page 24 Councilman Betts asked if the mot -ion could be modified to the extent of tieing it in with - the purchase of the property across the street and that it not be vacated until they were ready to construct. The Mayor said that there was some discussion of not closing until the last minute until the bypass was opened. Councilman Raymond further said that he felt it was appropriate to include with the motion, "at the time construction begins." The point was made at the hearing that any construction there would require closure even if only for temporary nature because of the activity. The second agreed. Mr. Redmond informed the City Council that the City Attorney suggested that in order to keep the record straight with regard to the Hearing, it might be best to do this under two motions. The first would be to adopt a finding that the closure of Fourth Avenue would be in the best interest of the City and the second, adopt a motion with regard to conditions of the closure with regard to utilities and etc. Councilman Raymond stated that he would withdraw his motion and Councilman Cowles also withdrew Y.is second. Mrs. Robison also stated that they should include that portion of the alley adjacent to the lots behind winchells and Sunray Dairy. MONIED by Raymond, SECONDED by Cowles that the City Council find that through the Public Hearing process that the closure of Fourth Avenue between Blaine and Cleveland and that portion of the alley as established in the document is in the best interest of the City of Caldwell. Roll call vote. Those voting yes: Raymond, L. Carter, J. Carter, Mallea, Betts, and Cowles. Those voting no: none. Absent and not voting: none. MOTION CARRIED MOVED by Raymond, SECONDED by Cowles that the Engineering, Department with the assistance of the City Attorney be directed to draw the proper ordinance to effect. the action taken by the City Council. Rol -1 Call vote. Those voting yes: Raymond, L. Carter, J. Carter, Mallea, Betts, and Cowles. Those voting no: none. Absent and not voting: none. MOTION CARRIED NEW BUSINES (BID OPENING ON AGRICULTURAL CHECMICALS 17OR PARKS DEPARTMENT) The Mayor requested that Nevin Holly come forward for this bid opening. The bids were as follows: Van slaters and Roger Division of Univar Unable to quote a price Snake ;River Chemicals, Inc.; bid bond included Methoxyclor $9.94 a gal. Diazinon 25.25 a gal. Sevin 507 1.65 a lb. Wilbur Ellis Company; bid bond included Methoxyclor $ 10.75 a gal. Diazinon 25.70 a gal. Sevin 50W 1.92 a lb. Cooperative Oil Association No bid bond Book 24 Midco Farm Supply No bid bond Page 25 F.M.C. Corporation; Agricultural Chemical Group; bid bond included Methoxyclor $ 10.10 a gal. Diazinon 23.75 a gal. Sevin 50w 1.69 a lb. The Mayor stated that he would like to refer these bids to the Bid Committee and Nevin Holly for determination. MOVED by Betts, SECONDED by Raymond. that the bids be referred to the Bid Committee and Nevin Holly for a determination. MOTION CARRIED The Mayor stated that final action would be taken at the next Regular City Council Meeting. ( BID OPENING ON ROTARY MOWER FOR PAR14S DEPARTMENT) Mr. Holly opened these bids as follows: Turf Equipment Company; bond included Groundsmaster 72 $ 10,700 Sixty inch straight blade 950 Trade in 1.81000 Net Price 9,850 Boyd Martin Co.; bond included Hustler #295 12,350 Trade in 1,350 Net Price 11,000 MOVED by Cowles, SECONDED by Betts that these bids be referred to the Bid Committee and Nevin Molly fcr determination. MOTION CARRIED (REPORT ON CENTENNIAL) The Mayor stated that he would briefly report with regard to the plans for the Centennial. This Saturday night will be the kickoff at the Basque Ball where the Honorary Chairmen will be announced. Also the Centennial song will be presented by Betty Adams and a combo. There was to be coverage from Channel Six. Jan Boles, a photographer, will be taking pictures and putting together a portfolio to be completed at the end of the year The Mayor further said there was just a lot of things being planned. (INTEREST IN PROPERTY NEXT TO POLICE DEPARTMENT) The Mayor informed the City Council. that he had a local realtor look at this property and appraise it. It was the Mayor's suggestion that Councilman J. Carter take a look at this property and do some checking on it for the City. A legal description would be necessary as there was two different lots next to the Police Department. (APPROVE PARTIAL PAYMENT TO TONY RUSSELL) The Mayor requested that the City Engineer, Ron Redmond, explain this request for approval of partial payment to Tony Russell. The Mayor stated that he would request that the City Council give the City Engineer and the City Attorney the approval to handle this after hearing the discussion. Mr. Redmond explained that Tony Russell requested final payment for the East Cleveland Sewer Interceptor Project in the amount of $66,433.75. This figure has been verified by Alpha Engineers. The contract has been essentially complete since last September. Some Book 24 Page 26 of the work performed on the restoration of East Cleveland and Mr. Gilbert's property was not satisfactorily done and, due to weather and other circumstances, will not be able to be repaired until spring. Mr. Russell would like the repair work to be undertaken under the warranty clause of the contract. I feel that this would be inappropriate in that the work was not performed satisfactorily intially. Therefore, I am treating this as a partial payment and subtracting an estimated amount for corrective action from Tony's request. (Doyle Mecham from Alpha has estimated approximately $31,300 for corrective action. An addition. of 10% brings total.. to approximately $34,500). I would recommend this partial payment be in the amount of $31.933.75 ($66,433.75 - $34,500). It should be noted that our attorney is somewhat reluctant to make further payments to Tony Russell due to the potential lawsuit of Mr. Gilbert. However, I don't believe that this provides a foundation for withholding payment. You may want to condition your approval on our attorney's consent. After some discussion, it was MOVED by Raymond, SECONDED by L. Carter that the City Council accept the recommendation of the City Engineer and approval partial payment to Tony Russell for $31,933.75. MOTION CARRIED (DEEDS AND EASEMENTS) The City Engineer presented an Easement presented to the City from Jolyon P. Frost and Mary A. Frost which was a four foot piece of ground that runs along the back of the Frost Addition. This easement was for a sewer line. A portion of an easement was granted within the new subdivision and it was necessary to have the additional four feet. MOVED by Mallea, SECONDED by L. Carter that the Easement be accepted and the City Clerk instructed to have it recorded. MOTION CARRIED (COMMITTEE REPORTS) Councilwoman Mallea reported that she met with the Library Board and they are going on a very fiscally restrained budget. She also reported with regard to the Stadium Board. The Board met and determined that if they can accomplish three major projects this year, they will be pleased. One will be the blacktopping and another a billboard sign to advertise events. They discussed several sizes for this sign and where to place the sign. They decided on a sign four feet by sixteen feet and it will take two boxes of letters. The price of the sign will be $1,495.00 and the boxes of letters will be about $150.00 and they would like to proceed. Councilwoman Mallea then MOVED and it was SECONDED by L. Carter that the City Council give the Stadium Board permission to purchase the sign and letters. After some discussion Councilwoman Mallea stated that she would amend her motion to include that the sign ordinance be conformed with when installing the sign. The second agreed. MOTION CARRIED Councilwoman Mallea further reported that a majority of the Stadium Board asked that the City Council consider a sound system at a cost of $7,360.00. There was some indication that possibly this system will be partially funded by some of the service clubs who have an interest in the use of the building. The Board felt that this was in - the best interest of the building which was the property of the City and therefore have asked her to come before the City Council to ask permission to be allowed to expend the amount of $7,360,00 on guaranteed from the company a workable sound system. Book 24 Page 27 It was then MOVED by Mallea, SECONDED by L. Carter that permission be given to the Board to expend the amount of $7,360.00 for a workable guaranteed sound system. The Citv Council discussed this request at some length. It was pointed out that this item would have to be put out for bid. The Mayor then asked for a roll call vote. Those voting yes: Mallea, Betts, Raymond, and L. Carter. Those voting no_ Cowles and J. Carter. Absent and not voting: none. MOTION CARRIED Councilwoman Mallea pointed out that this sound system was the third project the Board referred to. Councilman J. Carter questioned Mr. Connolly as to how they were coming along with the problems at the Aiport. Mr. Connolly discussed at some length with the City Council those problems that have been of concern to the City. The Mayor stated that he would like to discuss this item with the City Attorney along with Councilman J. Carter. Councilman L. Carter reported that the ?-historical Commission and the Steering Committee for the Centennial were working well together. They have set September 17th as the Centennial Parade and Ball. He also notified the Mayor and City Council that he will be out of town for a couple of weeks. Councilman Cowles informed the City Council that Senator Smyser introduced to the Senate Local Governmental Affairs Commission the Legislation that he placed in each of their mail boxes. lie would request that the City Council members look it over. Councilman Cowles also asked the Mayor to direct the Chief of Police, who was aware of it, to consider a new ordinance covering the arrest of prowlers. At this tame, they were arresting those individuals under the ordinance of disturbing the peace and it was not being upheld due to the fact that it was not really disturbing the peace. There was not an ordinance covering prowlers. Councilman Cowles further requested that he be allowed to have some input in this preparation. Councilman Cowles also reported that: the name for the Park, Howard Sebree Recreational Park, has been tentatively agreed upon by the Planning and Zoning Commission. It was mentioned that it would be proper to notify any family members in the area to be sure that it was all right with them. Councilman Cowles also requested that the Mayor write a letter of congratulations on behalf of the City Council and the Mayor to Russ Elsberry who was nominated as Fireman of the Year. Councilman Raymond reported that he attended the Friend's of the Library luncheon. They supported purchasing a couple of display cases for Centennial items at the Library. Councilman Raymond also reported that the Abatement Committee did meet and they will soon have an ordinance to present to the Citv Council giving the Fire Department some authority to require people who have buildings partially burned to improve them or tear them down, (MAYOR'S COMMENTS) The Mayor stated that he had an application for two pool tables at Pup's Family Game Center. The persons requesting this license were Patrick Baker, Cheryl Baker, and Fred Freeman. The Chief of Police submitted his approval and the fee - was paid to the Office of the City Clerk. BOCK 24 Page 22 MOVED by L. Carter, SECONDED by Cowles that this request for a pool, license be approved. MOTION CARRIED There being no further business, the Meeting was adjourned at 1:30 p.m. APROVED AS written THIS 1st DAY OF 1923. ..- il so ' n 'CounciTperson CounciErerso Councilperson ATTEST: City Cier1�-