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HomeMy WebLinkAbout1979-05-22city council minutesBook 20 SPECIAL MEETING May 22, 1979 12:00 Noon The Meeting was called to order by Mayor Pasley. Page 189 The Roll of the City Council was called with the following members present: McCluskey, Olesen, Williams, Raymond, and Bauman. Absent: Hopper. (PROPOSAL BY ROBERT E. HIBBARD) The Mayor explained that it was necessary to have a short official meeting this noon as Mr. Hibbard had a request that he would like to present to the City Council. The Mayor then recognized Mr. Hibbard and asked him to make his proposal. Mr. Hibbard stated that they own Chaparro Estates on Tenth Street just South of Linden Street bordering Wilson School. This was in an R -1 Residential Zone and they were requesting a special permit to put in a duplex there. He further commented that he had gone to all the neighbors within three hundred feet and asked them to sign a petition that they had no objections to the duplex going in there. What he was really asking for was to have the permit issued to them before the Public Hearing in order that they can go ahead and start construction. He already has the unit sold to a mother and daughter. They have to give possession of the place , they are living now by the first of August and if construction could begin now they felt they could at least have enough of it finished that they could move in by that time. The Mayor reminded Mr. Hibbard that this was discussed last Tuesday noon and the City Council felt it was proper to refer this request first to the Planning and Zoning Commission. The Planning and Zoning Commission met last Thursday and set a Public Hearing date. Councilwoman Williams stated that she was at the Planning and Zoning Commission Meeting when Mr. Hibbard presented this request. She reported that the people who were in attendance at the Meeting felt that if Mr. Hibbard would agree to keep the structure a single residence if there was enough protests at the Public Hearing that it could not be a duplex. Mr. Hibbard intimated at that meeting that he would agree to this. The Planning and Zoning Commission could do nothing about it until the Public Hearing was held. Councilwoman Williams further commented that she couldn't see anything wrong with it as long as Mr. Hibbard signed an agreement that he will make it a single residence if there was objections at the Public Hearing, Councilman McCluskey pointed out that Mr. Hibbard had this signed statement with him. Councilman McCluskey stated that he was the one who suggested that Mr. Hibbard draw this Agreement up. He then accepted the Agreement from Mr. Hibbard and read it as follows: To Caldwell City Council: This is to stipulate that if Hibbard Brothers Construction is issued a special permit to build a duplex on Lot 8, Block 2 of Chaparro Estates prior to the public hearing and if it is denied Hibbard Brothers Construction will convert the said duplex to a single residence. Hibbard Brothers Construction /s/ Robert E. Hibbard MOVED by McCluskey, SECONDED by Olesen that the Building Permit be approved subject to the letter of agreement being signed and given to the City of Caldwell. Councilwoman Bauman asked if anyone was concerned that this was somewhat making a farce out of the Public Hearing process. Councilman McCluskey stated that he felt that some of the Public Hearings that the City was forced into holding by law from the logical standpoint were ridiculous. He realized that nothing could he done about them, but they were still not logical. Councilwoman Bauman then stated that the other point that she wanted to make was that in the Council's discussions during the Book 20 Page 190 Planning Sessions for the Plan and Zoning Ordinances, it was discussed the need for keeping a very low density out on Tenth Street as the school was out there. What would be the precedence if this permit was allowed after the discussion regarding the low density. Councilwoman Williams asked if a duplex was not classified as low density. Councilwoman Bauman said no, that it needs a. special permit to go into an I; -1 Residential. Mr.. Lewis, the City Engineer, was recognized and stated that he would like to comment. He stated that he was not going to be a party to this thing anymore. He helped Mr. Hibbard through this request, but i.t was just too difficult and he was serving notice on the City Council that the appeals be directed to them. Ile just simply did not. believe in it as it was doing something -" ahead of the Public Hearings. If it was going to be done in this manner, then he would appeal to the Council to set ur) the machinery to do it and not handle the requests in this way. The Council discussed this at some length.. Councilwoman Bauman commented that what they will have to get down to is whether or not this was something; that the Council was going to allow; particularly whether the greater density was going to be allowed out in this area. She: stated that this was the only area the City has now that does not have duplexes and there was people who feel strongly that they want to live in areas that were for single family residences. Mr. Hibbard pointed out that he had ten signatures on the petition and Councilman. McCluskey stated that Mr. Hibbard was also taking a big chance in signing the Agreement as presented if he felt the people were not agreeable to the duplex being constructed in that area. Councilman McCluskey stated that he would like to remind the Council that because of what the City Engineer said the Council was a. service unit and in the event that the Council could see some logic in doing additi.onal. work for the benefit of the development of the City of Caldwell, he felt they should do it. He realized. that it was not a good. thing to bypass the rules, but in some instances Ile felt it was reasonable. Councilwoman Williams stated that she :Celt that Mr. Lewis was objecting to the amount of time involved in working on these special situations and she felt he was right; that the people should come to the Council with these requests. Councilman Olesen pointed out that there was a need to change the rules so that the City Ingineer will not be left in these types of situations. He suggested that the City Council look a little bit at consideration of changing this whole pattern. as much as possible. It was disturbing to him to see people come down to the City IIa.11 and just wear themselves out to try to get business going, a location, and etc. It seemed to him that the machinery was slow and cumbersome and it just slows down any individual trying to get into business and to keep it going in Caldwell. After more discussion, it was MOVED by McCluskey, SECONDED by Olesen to call for the question. Roil call vote. Those voting yes: McCluskey, Olesen, Williams, and Bauman. Those voting no: Raymond. Absent and not voting: Hopper. MOTION CARRIED The Mayor then requested. a roll call vote on the motion as made by Councilman McCluskey. Book 20 Page 191 Roll call vote. Those voting yes: McCluskey, Olesen, Williams, and Raymond. Those voting no: Bauman. Absent and not voting: Hopper. MOTION CARRIED Since there was no more official business to bring before the City Council, the Meeting was adjourned at 12:15 p.m. APPROVED AS written THIS Sth DAY OF June , 1979. ATTEST: i r M ayor � T �1 Z. 1 C o u ~ --— Councilman uncilman City Clerk