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HomeMy WebLinkAbout1978-05-18city council minutesL V lD1l .L J rage ijd SPECIAL MEETING May 18, 1978 4:00' P.M. The Meeting was called to order by Mayor Pasley. The,Ro11 of,the -City Council was called with the following members present: McCluske.y, Olesen, Williams, Raymond, Hopper, and Bauman. Absent:, none.. (PUBLIC HEARING - `SPECIAL'USE PERMIT FOR 802 FILLMORE) The Mayor stated that this was the hour`advertised' for a Public Hearing. The notice'of Public Hearing'was published in the News Tribune on April 29th. and May 6th, 1978: On Thursday, the 1-8th of May; 1978; at 4:00 P.M. at the City Council'Chambers in the City of Caldwell, State of Idaho, a hearing will be held by the City Council of'the'City of Caldwell on an appeal for a special use permit 'to locate a real estate office in the 'residence at 802 Fillmore Street (Lots 1 and 2, Block 104, Goandu Addition), At this time any parties in interest or citizen shall have an opportunity to be heard and present their objections, if any, to::the...gr-antiilg of ..the special use permit. Dated this 26th.day of April, 1978. _.. The Mayor then declared the meeting open for the Public Hearing on this appeal of the denial of the special permit by the Planning and Zoning Commission. - The Mayor recognized Gene Graves who stated -that he was the owner of this property at-that location and =he would like to see the City Council grant that special permit: The property was in no condition to be maintained as a residence and the highest best use was for office space. During last year, they had cooperated with the:City.,in developing- the.L.I.D. for -.curb and gutter:along.Kimball by this property and he had hoped that when the time came. -.to .have this designated for :a .special use, they would be considered.- He.felt that there was no way to take this property -and make it'.a livable residence and he would hope that this special permit would be granted. Pearl Brockman was then recognized and said that she had brought a petition in with nine names-that she wuul:d like to have presented officially. The petition was as follows: We,:.the. undersigned residents - o'f.the area within 300 feet of 802 Fillmore, hereby give our consent -for the issuance of the special permit for the conversion of the residence ve address, in,:order hat a Real Es.tat,e ,Office be . at ,.t.he: abo ... t ..:.;,. es.tabl -fished of,ter a complete .remodeling -and - landscaping is done... T.he..petition was signed, by,,the fallowing Pearl C. Brockman 118 South ILimball Bill Johnston 704 South Kimball Ruth Johnston 704 South'Kimball Mr. and Mrs. Miles 811 Grant Pauline Oliver 1501 Everett Shirley Neville _ ,. „ 702 th ,Sou, . _ Kimball _ Donald Cromwell 806 Fillmore Dan Neville 702 South Kimball Book 19 Page 139 She felt that granting the special permit would be an asset to the neighborhood since there was so many commercial areas down that way anyway. All of the people who signed on the,petition lived within 300 feet of this property. She hoped that the Council would vote favorably for this request. Mr. Davenport was,rec.ognized and said; that he was purchasing property in that block within 300 feet of the property in question and he wished to go on record as being in favor of this special permit. . City Engineer then read the .following petitions addressed to the Mayor and City Council that were received in regards to this appeal We, the undersigned, residents of the area within 300 feet of 802-Fillmore hereby give our consent for the issuance of the special . permit for the conversion of the residence at the above address in order that a Real'. Estate Office be established a.,fter a complete remodeling and landscaping is done. /s/ Margaret R. Cromwell 806 Fillmore Three other petitions were received with the's'ame heading as the two previous ones. They were signed by the following: Lotus Haskell. 808 Everett Leona Erickson 616 South Ninth Inez Caywood 615 South Ninth Mary Hugo 705 South Ninth Dena Bertia 611 South Kimball _ - John Thomas 819 Grant. Street Norman Thomas. 819 Grant Street Harold Choat 812 Fillmore Mr. Koch 700 South Kimball Otto Fredricks Mary Martin Willard Martin A_letter was also receiv.ed.by the Mayor: . ..Re:, Special use ,permit for 802 Fillmore Street Dear Mayor Pasley: We have no objections to locating 8 Real estate Office at the above address (Lots 1 and 2, Block 104, Goandu Addition). very truly yours, /s/ Thomas G. Skinner . Jacquelyn Skinner It was pointed out -that all of these signatures were residences within. 300 feet of the property under discussion. Several other people from the audience were recognized and voiced their hope that theCity Council would appeal the decision of the Planning and.Zoning Commission and approve this request for a special permit. Those recognized were: Helen McKinney, Jon Frye, Joe Johnson, and Lorene Johnson. All of these people were for the special.permi.t, being approved. Bonnie Eismann was. recognized by the Mayor and stated that she had appeared before the Planning and Zoning to oppose this special Door, 17 rage - 14U permit and she would like to speak against it at this meeting swell. She f oelt that time if one special permit was granted, it bply be, a before others will have to be granted. She also felt that the- area f rea around the City Park should remain resident ai. This was due to the traffic that would result and the hazard it would "present for the children going to'"the park and the swimming pool :if it becomes a Commercial area. She stated that she felt 's''txongly against this special permit being approved Marie Allen was then recognized and said that she had for eight y ears lived in.a very,old_ house on Fairview. She pointed out that possible "to redo the old homes to 'be attractive and useful. She was against the special use being approved because she felt it was a prime area for Senior Citizen's housing, she felt that the area by the Park and Golf Course should be left Residential, she also pointed out the.; safety factor for the children I especially at Grant, and she-also would like to see the support' of the downtown area instead" of spot zoning such as this do'w'n Kim'ba She wanted to go on record to being oppossed to the appeal and hoped the Special Permit would r0 t be issued. The Mayor asked if there was anyone else who cared to address the City Council regarding this appeal. Since there was none, the Mayor, declared the, Public Hearing closed. Again, the Mayor pointed'out that this hearing for an appeal to the Planning and_Zoning Commission's decision to not grant the Special Permit fora Real Estate Office at 802 Fillmore. The appeal was then turned over to the City Council for discussion and a decision. Councilwoman Bauman asked if there was plans to redo the.b ild,ing now standing on the property in question. Mr. Graves came forward and presented, the Council the plans for this p ropcssed business. The exterior would have a look of a home.' Mr. Graves intended to sell this property and those planning.,,to buy it would have about six people employed there. J Councilman Olesen brought forth the quest on'bf proper parking. The City Engineer stated that the parking requirements were met before it was presented to the Planning and 'Zoning Commission. Councilwoman, Wiliiims stated tliat this request``had' been gone over and over and since there was twenty -three people who were in favor of this 'request and only three opposed, she would propose a motion to grant this Special Permit. MOVED,by Williams, SECONDED by McCluskey that this Special Permit be allowed.: Councilman Raymond said that he would like to comment that Special Permits were issued on their individual merit and just because this one was permitted does not mean that others will follow. That was why Special Permits were in existence. Councilwoman Bauman fe that this was still a_ precedent that was set and she hoped that the City would stop considering these Special Permits that had to do with zoning when the new zoning ordinance and the Comprehensive Plan were in effect and should - take care of the stua Lions arising. Councilman McCluskey "sttated that no progress can occur without flexibility in the zoning. After considerable discussion, the Mayor asked for a roll call vote. Those voting yes: Williams, Raymond, McCluskey,_: &- Olesen. Voting no. Bauman.' Abstain: Hopper .". Absent and not _voting: none. MOTION CARRIED Book 19 Page 141 (REQUEST FOR CARNIVAL PERMIT) A request was received by the Clerk's Office for a permit to have a carnival in the Stadium. on June 3rd. This was for a mini - carnival which would consist of five rides at $10.00 a ride. The $50.00 was paid and a lease was arranged for the Stadium from the School District. MOVED by Raymond, SECONDED by McCluskey that permission be given for this permit for a carnival at the Stadium on June 3rd. Roll call vote'. Those voting yes: Raymond, Hopper, Bauman, McCluskey, Olesen, and Williams. Those voting no: none. Absent and not voting: none. MOTION CARRIED (RESOLUTION NO. 32 -78 - AGREEMENT WITH SCHOOL AND .CHARTER BUS CO., INC.) The Mayor explained that arrangements have been made for the City to lease a bus for the senior citizens for the next eight months which will be completely funded by the Organization of Aging. A Resolution was needed to permit the Mayor and Clerk to sign the lease. The Resolution was as follows: RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF CALDWELL AND CALDWELL SCHOOL AND CHARTER BUS COMPANY, INC. BE IT RESOLVED That the Mayor and City Clerk of the City of Caldwell be, and the same hereby are, authorized to execute that certain Agreement attached.hereto and made a part hereof as if set forth in full by and between the City of Caldwell and Caldwell School and Charter Bus Company, In. MOVED by Olesen, SECONDED by McCluskey that Resolution No. 32 -78 be passed authorizing the Mayor and Clerk to sign the Agreement with the Caldwell School and Charter Bus Company, Inc. Roll call vote. Those voting yes: Olesen, Williams, Raymond, Hopper, Bauman, and McCluskey. Those voting no: none. Absent and not voting none. MOTION CARRIED (APPOINTMENT OF ASSISTANT FIRE CHIEF AND FIRE INSPECTOR) The Mayor stated that he would like to nominate for the City Council's approval Bill Buchta as Assistant Fire Chief and Don Cromwell - as Fire Inspector. These were the recommendations made by Mr. Burris and the Fire. Chief. MOVED by McCluskey, SECONDED by Olesen that these two recommendations of the Mayor's be approved: Bill Buchta as Assistant Fire Chief and Don Cromwell as Fire Inspector. Roll call vote. Those voting yes: McCluskey, Olesen, Williams, Raymond, Hopper, and Bauman. Those voting no: none. Absent and not voting: none. MOTION CARRIED (REQUEST FROM SOUTHWEST IDAHO COOPERATIVE HOUSING AUTHORITY) The Mayor stated that Jean Troutn-er of Southwest .Idaho Cooperative Housing Authority had called him that day. They were planning to build forty subsidized rental units; twenty in Parma and would like permission to build twenty in Caldwell. They were Book 19 Page 14.2 two, three, and four bedroom homes. Caldwell had previously passed a resolution giving them that authority. Then, it developed that` they would need a letter of approval from the Caldwell Housing Authority which the Caldwell Housing Authority did not want to give. Since Housing and Urban Development has moved back to Portland, that requirement is no longer valid due to a change in personnel. The Mayor was now asking the City Council if they would care to give this permission, Some discussion followed these comments by the Mayor. Councilman Raymond asked if it wasn't the original thought that this housing would be provided by private builders and that this housing under discussion would not be necessary. Councilman McCloskey didn't feel that this type of housing would destroy the incentive of the private builder. MOVED by`Olesen, SECONDED by McCluskey that permission be given for this request by the Southwest Idaho Cooperative Housing Authority. The Mayor .ek-plained .that this would only give them the go ahead to proceed: and they would later br.in"g in the resolution if they were able to buy the property: Roll, call vote. ,Those voting.yes.: Olesen,:Williams, Hopper, and McCluskey. Those voting no: Raymond. Abstain: Bauman. MOTION CARRIED (WARRANTY DEED FROM GOIRI.) The Mayor''said that the City Attorney brought over a warranty deed from George and Donna'Goiri for their forty acres adjacent to the airport. It was necessary for the.City to accept this and instruct the City Clerk to have it recorded. MOVED by McCluskey, SECONDED by Raymond to accept the warranty deed from George and Donna Goiri and instruct the City Clerk to have this deed recorded. Roll call vote. Those voting yes: McCluskey, Olesen, Williams, Raymond, Hopper, and Bauman. Those voting no: none. Absent and not voting: none. MOTION CARRIED (ANNOUNCEMENT BY THE MAYOR) The Ma . yor said that he would 11-ke.to report that the City Attorney advised them to day that the Judge has signed the Order for Dismissal on the suit initiated by the Snakeriver Builders. The City of Caldwell could now start laying water lines again. There being no further business, the Meeting was adjourned at 5:00 P:M. APPROVED AS written THIS 6th DAY OF 1978 ` e Ma a r y 'Courfoilma�x? j' / Councilman/ `Councilman Council n' % ATTEST: Councilman Councilman City Cleo