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HomeMy WebLinkAbout1986-02-18city council minutesBook 27 REGULAR MEETING February 18, 1986 7:30 p.m. The Meeting was called to order by Mayor Cowles. Page 35 The Mayor requested that everyone stand for the .Pledge of Allegiance to the Flag. The Roll of the City Council was called with the following members present: Raymond, Carter, Mallea, and Marcus. Absent: Marmon . (APPROVAL OF MINUTES) MOVED by Carter, SECONDED by Raymond to dispense with the reading of the minutes of the Regular City Council Meeting of February 3, 1986, and the Regular City Council Meeting of February 10, 1986, and approve them as written. MOTION CARRIED (AUDIENCE PARTICIPATION) The Mayor asked if there was anyone from the audience who cared to bring an item before the City Council that was not on the prepared Agenda. As there was no one, the Mayor declared that the meeting would continue as outlined. The City Cleric noted the arrival of Councilman Marmon who was then counted as present. OLD BUSINESS (DISCUSSION ON BONDING COUNSEL FOR L.I.U.) The Mayor requested that the City Engineer address this item under Old Business. Mr. Redmond advised the City Council that a decision should be made at this time with regard to bond counsel and financial advisor for the Pressure Irrigation L.I,D. The following memo was distributed to the Council members regarding this decision: I have reviewed the proposals from both bonding counsels and both financial advisors with J -U -B Engineers. It is our recommendation that the City Proceed with the firm of Skinner, Fawcett and Mauk as bond counsel, and Idaho First National Bank as financial advisors. The recommendation for bond Counsel is based upon: 1. Local firm and closer accessibility. 2. Good response, satisfactory work performed to date on Resolution of Intention. The recommendation on Financial Advisor is based upon the elimination of potential conflicts of interests with regard to ultimate bond sales. It should be noted if you choose to go with Idaho First, that the agreement be modified to reflect no fees to be charged should the L_I,D, process stop after the public hearing. I have gotten their consent by phone to this change. Mr. Redmond further stated that his recommendation to proceed with the firm of Skinner, Fawcett and Mauk as bond counsel and Idaho First National Banlc as financial advisors was also the Book 27 Page 36 recommendation from J -U -B Engineers. The City Engineer explained at some length the proposals from both of these firms. with Fawcett, Skinner, and Mauk, the cost. would be an hourly rate and was based on their actual participation. They estimated the total cost if they were to go through the whole process to be $12,000. They would charge the City only on actual time applied to the project, Should the project fall through at any point along the way, the City would only be obligated for the time actually spent up to that time. The Financial Advisor would not become involved extensively until after the Public Hearing so there would not be fees obligated by the City if it was decided to not proceed with the L.I.D. The Mayor stated that he was comfortable with the recommendation from the City Engineer and J -U -B Engineers as his concerns with regard to the City's financial obligations were addressed. After discussion, it was MOVED by Raymond, SECONDED by Carter to go with the City Engineer's recommendation of the firm of Skinner, Fawcett, and Fauk as Bond Counsel and Idaho First National Bank as Financial Advisor. There was considerable discussion after the motion was made as to what the procedure would be in starting the process to initiate the L.I.D. The Mayor commented that he felt the City Council members should try to discuss their concerns with the City Engineer so there would be no misunderstandings and not take anymore time during this meeting. The Mayor then requested action on the motion as made. MOTION CARRIED Councilwoman Mallea requested that her vote to abstain be included in the record. NEW BUSINESS (PUBLIC HEARING ON REZONE APPLICATION - HAIR SHACK, 212 SOUTH 21ST AVENUE) The Mayor stated that the next item was a Public Hearing on a rezone application for the Hair Shack at 212 South 21st Street. He then asked the City Council President to read the rules as to the procedure established by State Law for the conduct of a hearing. Councilman Raymond read as follows: No person shall be permitted to speak before City Council at a Public Hearing until recognized by the Mayor, All persons speaking shall speak before a microphone in such a manner as will assure that the recorded testimony or remarks will be accurate and trustworthy. At the commencement of the Hearing, the City Council shall establish a time limit to be observed by all speakers. when the Public Hearing is quasi - judicial in nature or one after which the City Council is required by law to make Findings of Fact, each speaker must swear or affirm that his testimony will be true and correct. Any person refusing to comply with rules will be prohibited from speaking during the Public hearing. The Mayor then asked if there was anyone else in the audience who would care to sign the sheet before the Hearing was opened. As there was no one, the mayor declared the Public Bearing open. There was only one signature on the siaeet requesting to speak to the Council regarding the rezone. Mr. Phifer informed the mayor that he was present at the meeting as a representative for Mr, Rickwa, who was unable to attend the meeting. He signed up only to speak if the Council had any questions about the request, The Mayor then called on Mrs. Robison to present Findings of Fact and Conclusions of Law for the rezone of the Hair Shack at 212 21st Avenue. Mrs. Robison presented the following: Book 27 Page 37 FINDINGS OF FACT - REZONE OF [LAIR SHACK, 212 21ST AVENUE 1. Warren Rickwa has filed an application requesting a zone change under Section 6- 4-- 3(A)2, Caldwell Code, which states that, "An amendment to the text: of this Title or to the Official Zoning Map may be initiated by the Council or the Commission or by an applicatio of one or more of the owners affected by the proposed amendment." 2. Mr. Rickwa is the owner of the property described as Lots 11 and 12, less the northeasterly 74 feet, of Block 5, Washington Heights, Steunenberg and [lands Addition. 3, The application filed is for an amendment to the Of:Eicial Zoning Pap by expanding the boundaries of the C -2 Community Commercial zone to include the property, which is presently zoned R -2 medium density residential_ 4. Existing land use is a barber- beauty shop, the Hair Shack, for which Mr. Rickwa obtained a special use permit in 1954 under the R -2 zone. 5. The purpose off the request is for Mr. Rickwa to be able to make non - residential improvements to the property (paving) that would make the use permanent. 6. The property is adjacent to the C -2 commercial zone on two Sides. 7. Adjacent property on the corner of 21st and Blaine was rezoned to C -2 in 1984 at the request of the owner for professional office uses. B. Twenty -first Avenue is a main artery to and from the freeway to Cleveland and Blaine and accommodates an average of approximately 5000 cars per day. 9. The property is shown as medium density residential on the Comprehensive Plan. From 21st southeasterly and northerly of Arthur, the land use is commercial. 1.0. Land uses in the vicinity include Victor's and the bowling alley to the east, professinal office /commercial to the south, residences on the north and adjacent to the west, and commercial /industrial uses northerly across Arthur Street. 11. The zone change is being considered under the policy of the flexibility of zoning boundaries to reflect gradual changes in use where zoning districts adjoin. 12. A public hearing was held on January 16 by the Planning and Zoning Commission. The hearing was duly advertised in accordance with 6 -4 -3B, Caldwell Code, and posted as required by State Law. 13. No oral or written testimony was received at the public hearing. CONCLUSIONS OF LAW 1. The application and proceedings for this request were carried out as provided in 6 -4 -3, Caldwell Code, for amendments to zoning district boundaries. 2. The request is not in conflict with the intent of the Comprehensive Plan, 3. The zone change requested is consistent with other land uses in the area and with the use of the subject property. RECOMMENDATION The Planning, and Zoning Commission recommends approval of the aove described property from R -2 medium density residential. to C -2 community commercial. Mrs. Robison also informed the Council that a note of concern was received from Mr. vermaas regarding the rezone. The comment made by Mr. Vermaas was that all of 21st should be Commercial because of the traffic. Councilwoman Mallea requested that Mrs. Robison work with Mr. Rickwa concerning his signing of the property regardless whether the rezone was approved or not. She felt some improvement could be made. Book 27 Page 38 The Mayor then declared the Public Dearing closed and asked for action from the City Council. MOVED by Mallea, SECONDED by Carter to accept the Findings of Fact and Conclusions of Law and the recommendation from the Planning and Zoning Commission to rezone the described property from R -2 medium density residential to C -2 community commercial. MOTION CARRIED (BILL NO. 8 - ZONING ORDINANCE FOR THE REZONE OF HAIR SHACK PROPERTY) The Mayor then asked the City Council to take action on the Bill regarding the rezone of the Hair Shack as discussed during the Public Hearing. The Mayor then requested that Councilman Carter read Bill No. 8 by title only as follows: AN ORDINANCE CHANGING THE ZONING OF CERTAIN PROPERTY WITHIN THE CITY OF CALDWELL, IDAHO, FROM R -2 MEDIUM DENSITY RESIDENTIAL TO C -2 COMMUNITY COMMERCIAL; DETERMINING THAT SAID CHANGE IN ZONING IS IN THE BEST INTEREST OF THE CITY OF CALDWELL, IDAHO; INSTRUCTING THE CITY ENGINEER TO DESIGNATE SAID PROPERTY AS C -2 COMMERCIAL ON THE OFFICIAL ZONING MAP; AND REPEALING ALL LAWS, ORDINANCES AND RESOLUTIONS IN CONFLICT HEREWITH. MOVED by Raymond, SECONDED by Marmon to suspend the rule requiring the reading of the Ordinance in full. Roll call vote. Those voting yes: Raymond, Carter, Xallea, Marcus, and Marmon. Those voting no: none. Absent and not voting: none. MOTION CARRIED Councilman Carter then inquired as to whether it was the intent of the Council to pass the Bill at this time or to declare it the first reading. Councilman Raymond stated that the Mayor had the option at this time to either call it the first reading or ask for a motion to pass the Bill. Councilman Raymond further commented that he would prefer not making a motion to pass the Bill on the first reading as no :indication was given that immediate action was necessary. The Mayor stated that he thought they would like to have it cone as soon as possible, but there was no particular urgency. Councilwoman Mallea said that since the Council was trying to consolidate the meetings to only two a month, since the three readings would take the Bill into next month, and since there has been no opposition to the rezone, she would MOVE and it was SECONDED by Marmon to suspend the rule requiring that a Bill be read at three separate times and that the Bill be read by title only for the one reading. Roll call vote. `.'hose voting yes: Mallea, Marcus, Marmon, Raymond, and Carter. Those voting no: none. Absent and not voting: none. MOTION CARRIED MOVED by .Miallea, SFC014DFD by Marmon that Bill No. 8 be passed and entitled Ordinance No. 1723. Roll call vote. Those voting yes: Mallea, Marcus, Marmon, Raymond, and Carter. Those voting no: none. Absent and not voting: none. MOTION CARRIED (PROPERTY PURCHASE - DETERMINATION OF FUNDING SOURCE) The Mayor called on the City Engineer to discuss this item on the Agenda. Book 27 Page 39 Mr. Redmond informed the City Council that the request was made to include this item on the Agenda to clarify the funding source for a purchase of property. This property was adjacent to the Treatment Plant which he was sure the Council was aware of. Initially, it was determined that the cost would be paid out of the one mill levy. Councilman Carter stated that this was the Capital Improvement Levy and the description in the budget shows For land acquisition and training tower combined. In ot'ner words, part was for land acquisition and part was for the training tower. He could see no problem with the funding. Mr. Redmond further said that as far as he could tell at this _. time, the City would be purchasing both parcels discussed before. Originally, there was a question about the smaller parcel being available or not. At this time, it appears that both parcels will be available; therefore, both will be secured. There was considerable discussion among the Council. members, with the ultimate agreement that the funding would be coming from the Capital Improvement Levy. (DEEDS AND EASEMENTS) The City Engineer presented two Easements to the City of Caldwell for sewer lines to the Last Canyon Hill area. This was the sewer project that was just recently discussed at a Council Meeting. Two different parcels were needed for the sewer line and both were presented by Donald E. and Shurlie F. Rife to the City of Caldwell. The Rifes were pleased that the improvements was being made. Mrs. Robison presented a need to the City which was basically a portion of right of way for Cherry east of Georgia. It was about one hundred fifty feet by thirty feet dedicated by James R. and Gertrude A. Noble and Ada B. Ciersig. They were planning to build and the City didn't have right. of way in the area so they formally dedicated it to the City. MOVED by Mallea, SECONDED by Raymond to accept the easements and deed as presented and that the City Clerk be instructed to have them recorded. MOTION CARRIED (PINANCIAL REPORT) The Finance Chairman, Councilman Carter, presented the Financial Report as follows: The Accounts Payable for February was in the amount of $303,602.99. The Payroll for January was $159,$48.36 and the Fringe Benefits $52,971.83 making a payroll total. of $212,820.19. The Grant Total was $516,423.18. MOVED by Carter, SECONDED by Raymond that the bills be paid, the check issued and the Requests for Payment be filed with the City Clerk. MOTION CARRIED (COMMITTEE REPORTS) Councilman Carter informed the City Council members that he would like to have the Council meet in a workshop with regards to some finance questions. He stated that he would appreciate the members informing him as to when they would prefer meeting. Councilwoman Mallea reported that she attended the Legislative Meeting in Boise with Councilman Marmon and the Mayor. They also met with their Legislators which they felt was informative. Book 27 Page 40 Councilwoman Marcus stated that she would like to remind everyone that the College of Idaho was playing N.H.C. that night and for everyone to think positive about the game so C of I would win. Councilman Marmon reported that he and Councilman Carter attended the Senior Citizen's Meeting. They are working on a Grant to finish Darts of their building. There was a matching grant program available to them through Ida Ore. They Were also planning a fund raising project. Councilman Mart-non further said that be was unable to attend the 9-1-1 meeting, but he did talk to Mr. Hockett about what was discussed. The Legislative caucus was informative and educational. (MAYOR'S COMMENTS) The Mayor stated that he attended the Kiwanis mayor's Breakfast in Nampa, the Lion's Club luncheon, and the bed race at Karcher Mall during this last week. There being no further business, the meeting was adjourned at 8:1O P.M. APPROVED AS 1986. written THIS 3rd DAY OF Mayor March Co C ou c 140'gr n r i" �n councilperson �coun ATTEST: City Clerk-,