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HomeMy WebLinkAbout1985-05-06city council minutesBook 26 REGULAR MEETING May 6, 1985 7:30 p.m. Page 71 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: Mallea, Marcus, Cowles, Raymond, Norman, and Carter. Absent: none. (APPROVAL OF MINUTES) It was MOVED by Cowles, SECONDED by Carter to dispense with the reading of the minutes of the Regular_ Meeting of April 15, 1985, and the Regular Meeting of April 22,. 1985, and approve them as written. MOTION CARRIED (AUDIENCE PARTICIPATION) The Mayor asked if there was anyone from the audience who cared to bring anything 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. NEW BUSINESS (PUBLIC HEARING ON L.I.D. 85 -1) The Mayor gave a brief explanation to those in the audience as to how an Local Improvement District was formed and how the City Council determined that this L.I.D. was important enough that they would be willing to budget some City money for the project. The City was assuming two - thirds of the cost of this particular L.I.D. The Mayor further stated that he would like to read the statement that was typed at the top of the sheet of paper that was passed around for those who cared to address the hearing on the L.I.D. either for or against. This procedure was a law passed by the State Legislature and the cities have no choice but to follow it. The statement was: 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 requested that the City Engineer, Ron Redmond, make some remarks about the proposed L.I.D. before the Public Hearing was opened. Mr. Redmond stated that he would like to read in full the Information Sheet for proposed Local Improvement District No. 85 -1. This Sheet is attached in full to the minutes as Exhibit A. The Mayor then asked that the City Council establish a time limit for those who signed up to speak with regard to the Project. It was MOVED by Mallea, SECONDED by Cowles to allow five minutes for each individual who cared to speak for or against the L.I.D. and also for those who cared to speak with regard to the Hearing on the Vacation of the unnamed street. Book 26 MOTION CARRIED Page 72 At this point in the meeting, the Mayor recognized Boy Scout Troop No. 266 from Caldwell who were present at the Council meeting. The Mayor then declared the Public Hearing open on Local Improvement District 85 -1. He again asked if there was anyone from the audience who came in late and did not have an opportunity to sign up to speal to the Council. As there was no one, the Mayor stated that he would continue with those people who signed the sheet to speak in opposition to the L.I.D. The first two names on the sheet were Bill Drescher and J. L. Ibbotson and they informed the Mayor that they did not care to speak at this time, but they were available to answer questions from the City Council if necessary. The Mayor then continued with the list as presented. Ella Ray Beus, 313 North Indiana, was the first person to speak against the project. She had questions with regard to whether there would be parking along the widened street and also as to the cost of the driveway approach. Ms. Beus also stated that it seemed like she was paying for the right of way. Mr. Redmond, the City Engineer, answered her questions at some length. The tapes for this meeting are on file in the Office of the City Clerk; therefore, the testimony in full is not included in this typewritten record of the hearing. The Mayor stated that in addition to those who were present at the Meeting, there was several letters received in opposition to the L.I.D. The letters were sent to the City from Mark Corn, Roger Petet, and Kent Marmon. Letters were also attached to the minutes as Exhibit B. After reading the three letters submitted against the L.I.D., the Mayor stated that he would continue with the list of those who cared to speak for the proposed L.I.D. Those who spoke in favor of the project were Kent Russi, who had an interest in the improvements in the area as he owned property which he planned to subdivide in the future; Linda McConnell., 2200 North Montana; Margaret Vizzini, 2217 Rice Avenue; Ed McConnell, 2200 North Montana who signed the sheet but chose to not speak; Steve Walker, 223 Florida; Bill Gosvenor, 205 South Florida. A Mr. Valentine and Mr. Lanfear signed the sheet in support of the L.I.D., but did not comment. After going through the list of those who cared to speak, the Mayor asked the City Council if they had any comments at this time. There was considerable discussion and questions put forth by both the Council Members and those people attending the meeting who would be assessed if the project was approved. Mr. Redmond, the City Engineer, explained at some length the costs of the project and how the costs were determined. Again, the tape is available in the Office of the City Clerk. The Mayor then closed the Public Hearing and asked the City Engineer to explain what should be considered at this time. Mr. Redmond informed the City Council that the audience would probably like to know just what streets or areas in the project the City Council would direct the Engineering Department to proceed with. There was some additional background work to do before the final Ordinance was prepared. Also, in addition, Mr. Redmond would like the City Council to give consideration to what interest rate would be charged and the length of time for the bonds. After discussion with regard to the interest rates available and what rates were established in the last L.I.D., it was suggested by Councilwoman Mallea that the interest rate be set at 9.5 percent and the bond issue be for ten years. It was the opinion of the Council that they would proceed with all the areas in the Book 26 Page 73 proposed project, but they would wait until the next morning before setting the interest rate. This would give the Finance Officer a chance to check on the rates. (PUBLIC HEARING ON VACATION OF UNNAMED STREET, TRACT 16, HILLCREST) The Mayor again explained that the sheet of paper for the signatures of those who cared to speak towards this issue was passed around before the meeting began. The same rules applied to this Hearing as applied to the hearing on the L.I.D. The Mayor then asked Mrs. Robison to give a brief explanation of this hearing. Mrs. Robison pointed out the street on a map for the benefit of the City Council. There was a thirty foot half right of way that was platted in the early 1900s as the Hillcrest Plat. Kent Russi purchased property directly to the West and is intending to develop it in some type of low density residential housing. Mr. Nishitani owned the property directly on the East. The lateral bisects the property, but he farms the land on the other side of the lateral. Mr. Russi requested for purposes of developing his property that the City vacate the thirty foot half right of way. It was thought that it would be more advantageous for a road to go up the middle of his property with a cul -de -sac. The Mayor then declared the Public Hearing in session for the vacation of an unnamed street, Tract 16, on Hillcrest as explained by the Planning and Zoning Director. The Mayor then called on Mr. Nishitani who was asking to speak against this vacation. George Nishitani stated that he talked with Mr. Russi just before the meeting which was the first time he had met him. Mr. Nishitani said that he understood which property Mr. Russi intended to develop. Mr. Nishitani further said that both he and Martha strongly opposed the vacation of this street because it would jeopardize his access to the property he owned and hoped to develop in the future. He pointed out where he would prefer to have the cul -de -sac and further said that he would be willing to donate whatever property necessary to have the cul -de -sac so that it would allow access to his property. Mr. Nishitani said that Mr. Russi wants the road closed for the same reason that he would like to have it opened which was possible development. Mr. Nishitani further stated that he would have three or four building lots on the rim of the hill. A letter in opposition to the vacation was submitted from Alice Nishitani and is attached as Exhibit 2A. Councilman Carter asked Mr. Nishitani if he understood correctly that he would be willing to deed to the City twenty -eight feet from Owyhee Lane on up to a cul -de -sac so that he could develop his property between Mr. Russi ° s property and the bluff. Mr. Nishitani stated that this was right. Mr. Russi pointed out the area on a contour map for the City Council members. The land that he was asking to vacate was originally taken from the parcel to the West and it was in the City limits. The land to the West was out of the City limits. His proposal was to put a road down the center so he could get to all of the lots. This road would end in a cul -de -sac. A full paved road was not required for the two to three lots that could be developed by Mr. Nishitani. This was determined by the Planning and Zoning Board. An eighteen foot or twenty foot private lane could be built to allow Mr. Nishitani access to his building lots. Councilman Norman stated that he felt the decision should be made between the two property owners as he could certainly see some reasoning to Mr. Nishitani °s comments. Mr. Russi said that he would like to have the record show that he has been paying taxes on this property for twenty -six years. The right of way had not been taken off the tax records since Hillcrest subdivision was Book 26 Page 74 platted. Mr. Russi again stated that he felt they could both be better served by putting the road through the center and then 28 feet for Mr. Nishitani to put a lane to his property. The City Engineer pointed out that a private lane would have to be maintained by the property owners. Mr. Nishitani stated that several developers and real estate people have cautioned him not to put in a private lane. Their advice was to try to get a full street in there and keep the thirty feet open and have a street that the City or County will maintain. Mr. Nishitani further said that he was not going to go for the private lane. Again, Mr. Russi said that it would not serve his purpose to have the road and the cul-de-sac anywhere but down the middle of his _ property. Considerable discussion continued between the City Council, Staff, and the two property owners. The Council determined that it would be difficult to make any decision at this time as they would lake to go out to look at the property under discussion. The Mayor then closed the Public Hearing and asked Mr. Russi if it would delay his development by waiting a week or so for a decision. Mr. Russi stated that a delay would not be inconvenient for him at all. Mr. Redmond, the City Engineer, made a suggestion to the two property owners which he felt might be a compromise. He pointed out on the map a possibility of putting in a cul -de -sac at the South end of the properties which could serve both of them. The Mayor advised Mr. Russi and Mr. Nishitani to talk over the problem and that it would be brought before the City Council in one month, The month delay was at the suggestion of Mr. Russi as he was planning to be out of town. (FIREWORKS APPLICATIONS) Several Fireworks Applications were ;presented to the City Council for approval. They were as follows: The City of Caldwell for dangerous fireworks at the Stadium on the Fourth of July; Neva Stark to sell at Macks's Fruit Stand; Jack Noble to sell at East Cleveland Boulevard; and Galaxie to sell at Albertsons, M & W Market, Safeway, and Circle K. The City Clerk explained that all of these requests were in order with permission letters from the location chosen, insurance included, and the fee paid. It was her request that the City Council approve subject to the stands being approved by the Fire Department and the Building Department when they are erected. MOVED by Norman, SECONDED by Cowles that approval be given for the applications for Fireworks Permit as submitted subject to the stands being approved by the Fire Department and the Building Department. MOTION CARRIED (CATERING PERMIT) One Catering Permit was also presented by the City Clerk. This was for The Corral to cater for a Program Counseling Program at the College of Idaho on the 11th of May, 1985. The Police Chief gave his approval verbally, the fee was paid and everything was in order. It was suggested that the Permit be approved subject to the Police Chief's signature on the application. MOVED by Cowles, SECONDED by Raymond that approval be given for the Catering Permit as presented subject to the Police Chief's signature. MOTION CARRIED (COMMITTEE REPORTS) Book 26 Page 75 Councilwoman Mallea stated that she would like to thank all of the City Employees for the job done at the Open House as it was very successful. For Council information, Councilwoman Mallea said that there was a possibility the City may obtain a flag pole as a commemoration at the Police Department. One of the widows of Mr. Anderson, who built the Police building, contacted the City and expressed this desire. The Mayor said that in conjuction with this, he would like to have the Pledge of Allegiance Day observed on the 14th of June. This would be an ideal time to have the dedication of this Flag at the Police Department. Councilman Raymond reported that the annual meeting of the Caldwell Community Civic Building Association was held. He was not able to be there and as a result was successful in being elected to sit on the Board again. The Foundation was very solvent and they again donated money to I.L.O.T. The Salary Committee will have a report at the Council Meeting two weeks from tonight and would need more direction from the City Council. Councilman Cowles questioned as to what has been done to clean up that property on Summers Street. An agreement was made with this gentleman several years ago and it was still in bad shape. The Mayor stated that this was turned over to the Building Department and he would check with Tom to see what was happening. Councilwoman Marcus informed the Council that she attended the Library Board Meeting. One thing requested from them was help from the City in moving a tree. The Mayor stated that he would talk with the Parks and Recreation Department to see if they could help the Library. Councilwoman Marcus also reminded the Council of the Airport Day that was going to be on the 2nd of June. Another reminder was the Vaudeville Show that was going to be this coming Friday and Saturday. (MAYOR'S COMMENTS) The Mayor informed the City Council that there was a lot of activities going on over the weekend, particularly at the Stadium. The Mayor also stated that the City of Caldwell did not receive the Senior Citizen's Grant that was applied for. The Mayor also discussed with the City Council the problems involving the irrigation system at this time. A great many lines were down because of repairs; six additional people were working to try to help with the repairs. It was the Mayor's suggestion that some study be given soon with regard to raising the irrigation tax for next year. It would seem at this time that an increase would have to be considered„ Mr. Redmond discussed the proposed L.I.D. briefly with the City Council. The City seemed to have the majority of the people on Hillcrest and Florida and only had one dissenter each from North Indiana and Paynter. He questioned whether it was Council's intention to go ahead with all of the projects that have been identified. The City had enough money out of pocket. Councilman Norman asked the City Engineer what his recommendation would be. Mr. Redmond said that the City did not have the dissention that was anticipated. He had looked into Mr. Marmon's memo with regard to his comments and did have some answers for the City Council on that particular complaint. Mr. Redmond further stated that he would like to see all of the projects go as they were all worthwhile projects. The Mayor asked that the City Engineer to put his findings regarding Mr. Marmon's comments in writing for Council's information. It was Council's determination that all of the projects in the proposed L.I.D. be pursued. Book 26 Page 76 There being no further business, the meeting was adjourned at 9:40 p.m. APPROVED AS written Maw. --, 1985. Councl'lpers n- cp Councilperson ATTEST: � 1) i-'F) lkn' CCity Clerk/ A