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HomeMy WebLinkAbout1987-06-15city council minutesBook 28 Page 86 REGULAR June 15, 1987 7.30 p.7i, The Meeting was called to order by Mayor Pete Cowles. The Mlayor requested that everyone stand For the Pledge of Allegiance to the Flag. Tine Roll of the City Council was called with the following members present: Mallea, Winder, Jarboe, Strain' t, and Carter. Abesent: Raymond, (APPROVAL OF ININUTES) It was MOVED by Carter, SECONDED by Straight to disoense with the reading of the minutes of the Regular City Council Meeting of June 1, 1987, and approve them as - written. CARRIED (AUDIENCE PAI The 'Mayor asked if there was anyone from the audience who care(,' to address the City 'Council an any item that was not included on the Agenda As there was no one, the mayor declare(] that the meeting would continue as outlined. OLD BUSINESS (SECOND READING OF BILE- NO. 7 - AMIENDEENT TO ZONING CODE) The Mayor requested that Councilman F% read ]>ill No. 7 by title only as Eoliows. AN ORDINANCE AMENDING TITLE V!, CHAPTEI: 4, OF THE MUNICIPAL CODE OF C 1LDWELT,, IDANO, TO PROVIDE FOP, NOTICE' TO PROPERTY ONNERS OR PURC14ASERS OF RECORD IN ZONING DISTRICT BOUNDARY CHANGES AND SPECIAL USE PERMITS; POSTING NOTICE ON PREMISES; TDDIN THE PROVISION THAT A GOVERNING BOARD MAY NOT CHANCE THE ZONING CLASSIFICATION OF PROPERTY FOP, A PERIOD OF FOUR YEARS AFTER ADOPTION W1 ', RTTTEN CONSENT OF 'CURRENT PROPERTY O'KNER; AND REPEALING ALL LA' ORDINANCES AND RESOLU'T'IONS IN CON-�. H EREW I TIH . Mayor Cowles stated that this would be considered the second reading of Bill No. 7. The Bill will be presented for the third reading at the next City Council Meeting. (SECOND READING OF SILL NO. 8 - YARD SALE PERMIPS) Mayor Cowles requested that Councilman Jarboe read 1'ill No. 8 in, full for the second reading as follows: AN ORDINANCE AMENDING T.HE M.UNICIPAL CODE OF THE CITY OP SITE OF IDAHO BY ADDING AND DELETING LANGUAGE !N SECTION 14 (A) CHAPTER 17, TITLE IV OF THE CITY CODE PEGAr\DI N'G YARD SALES, PERMIT REQUIRED: ?!`;PEALINC ALr- ORDINPONCE'S , RESOLU IONS , OILERS Q: CR PARTS THIEREOF IN CONFLICT HTEREV'I'H. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF Tli'E CIT 0 CALIDWELL, COUNTY OF CANYON, STATE OF IDAHO: Section 1. That Section 14(A), Chapter 17, Title IV of the , , , , lunic4pal Code of the City of Caldwell Canyon County , idho - I be amended as follows: 4-17-14; YARD SALES (A) Permit required: Merchandising efforts corm known as garage sales, moving sales, block sales, patio sales and flea markets may be held in-resjdeT-,tial areas only after a permit has been issued by the tcr -tbre (f,-1-7�rk*,-'tt�T_iIv--t-!I-r-,07,fl�-I Book 28 Rage 87 Application may be obta from the City Cler y f.rp - t� _ o ?c ! ep Wmen _oi r a — one dollar {I1 .00 f ee< Such permit ce ;:rominer. y 1sp ayed at the sale. Section 2. all ordinances or parts of ordinances inconsistent herewith are hereby repealed. Section 3. This ordinance shall be in full force and effect from and after its passage, approval, and publication according to law. Councilwoman Mallea stated that she would MOVE to suspend the rule requiring the reading of a Bill at three separate times and pass Dill No. 8 after this second reading. SECOINDt,D by Carter. Roll call vote. Those voting yes: Mallea, winder, Jarboe, Straight, and Carter. Those voting no: none. Absent and not voting: Raymond. NOTION CARRIED 14OVED by Nallea, SECONDED by Carter that Bill No. 8 be passed and entitled Ordinance No. 1747. Roll call vote. Those voting yes: Mallea, Winder, Jarboe, Straight, and Cart Those voting no: none. Absent and not voting: none. MOTION CARRIED (.FINDINGS OF PACT AND CONCLUSIONS OF LAW REGARDING THE VON OUSSI APPEAL) The Mayor requested that the Planning and Zoning Director, Mrs. Robison, present this item on the Agenda. Mayor Cowles further stated that he felt it would be appropriate to read these Findings in .full so that the minutes would contain the entire statement made by the City Council. Mrs. Robison read the Findings as follows: CITY COUNCIL FINDINGS AND ORDER REGARDING AMMAL FILED ON A SPECIAL USE PERMIT EXPANSION GRANTED BY THE PLANNING AND ZONING COMMISSION INTRODUCTION A. A written notice of appeal was filed with the City Engineering and Planning Department by Von Russi, Route 3, Box 337, Caldwell, on March 24, 1987. The appeal was to contest a decision of the Planning and Zoning Commission to allow the expansion of the truck salvage /store yard at 2718 Ii. Chicago. 5. A public hearing was field by the City Council. on June 1, 1987 in accordance with the notice and hearing procedures found in 6- 4 -4(H), Caldwell Code. C. Testimony and information presented at the public hearing were reviewed by the Council, along with documents and minutes From Planning and Zoning Commission hearings. FIND114GS OF 'FACT 1. The Council finds that the use is consistent with industrial land use categories as discussed in the Comprehensive Plan and with future plans For Chicago Street, 2. The Council finds that truck salvage /storage yards are permitted by special use permit in the M -1 light industrial zone with such conditions as are necessary to minimize adverse impact on other development. Book 28 Page 88 3. The Council also finds that (a) the conditions imposed by the Commission for the special use permit are valid and are applicable to the area included in the expansion; (b) the applicant has technically complied with the terms of the special use permit. 4. The Council concurs with the Commission's finding that no damage, hazard, nuisance or other detri'ment to persons or property in the vicinity will be caused by the requested expansion. CONCLUSIONS OE LAV; 1. All public nearing procedures were followed in ccmpQliance with 6-4-4(c) and 6- 4 -4(h), Caldwell Code, and 67-6512, I.C. 2. The special use permit expansion and conditions imposed thereon are in conformance with the Land Use Schedule of the municipal code and with the regulations adopted for special use permits (6:2:1 and 6-4-4 respectively) . 3. It is the determination of the City Council that the Planning and Zoning, Commission acted properly in approving the request. ORDER The decision of the Planning and zoning Commission is hereby upheld and the appeal of that decision is denied. MOVED by Winder, SECONDED by Carter that the City Council accept the AnWings of Fact and Conclusions of Law as presented. MOTION CARRIED NEW BUISINElss (REAPPOINTMENT TO CANYON COUNTY ORGANIZATIO-IN ON AGING) mayor Cowles informed Council that he received a letter from the C,C.O.A. requesting that Councilman Carter, who has done an outstanding job, be reappointed. The mayor further said that this would he his recommendation and asked for the City Council to take action at this time. MOVED by Mallea, SECONDED oy 7,%'inder that Councilman Los Carter be reappointed to the Canyon County Organization on Aging. MOTION CARRIED (CATERING PERMIT) A request for a Catering Permit was presented by the Mayor. The Corral was to cater at the O'Connor Fieldhouse for the Charlie Alvaro Benefit on the 20th of June from 6:00 p.m. until midnight. The Chief of Police has given his approval and the fee has been paid. MOVED by Mallea, SECONDED by Straight that approval be given for the Catering Permit as requested. MOTION CARRIED (REQUEST FOR PERMISSION TO BID FOR REPLACEMENT OR REPAIR OF WCONNOR FIELDHOUSE FLOOR) The Mayor stated that he would ask that Councilwoman Mallea address this item on the Agenda. Councilwoman Mallea reported that the Stadium Committee has met several times. The floor at O'Connor Fieldhous, was in ba, condition and part of it has been replaced. In order to expedite Book 28 Page 89 the process, the Committee asked one person to come to the 1:ieldhouse to look at the floor and report to the Committee what he felt should be done. If it could be repaired under the requirements for doing to bid, the City would have probably gone ahead and had the work done. However, his estimate comes in considerably more than the $5,000 limit. In order to move on, Councilwoman Mallea said that she talked to the City Engineer_ and he suggested that they drill some holes in the floor to see how bad it was. Mr. Redmond told her that it was possible to place a cap over the top of the floor rather than replace the whole floor. The estimate to replace the whole floor aas over $10,000. Loth the College and the High School.. say that the floor needs to be taken care of. Councilwoman Mallea further stated that she placed this request on the Agenda to ask for permission to go to bid on the :floor if it is necessary. The Committee wanted to move along while there is no basketball being played. MOVFI) by Nallea to allow the Stadium Committee to accent bids for the replacement of the O'Connor Pieldhouse floor, SECONDED by Jarboe. MOTION CARRIED (REQUEST FOR PERMISSION TO ENTER INTO AN AGFZhI3P'ENT FOR ENGINEERING SERICES FOR AIR CONDITIONING FOR O'CONNOR) Councilwoman was again recognized by the Mayor and requested to explain this item to the City Council. Councilwoman Mallea stated that the engineers who studied the usage of the Complex reported that one of the first things the City should do of a structural nature was to air condition O'Connor. The Committee has secured proposals from three engineers to do this job. The plan was to meet with one of the engineers who would be overseeing this project who would set up all of the various engineering necessary. He would give them the right direction and supervision to proceed. It was then MOVED by Mallea that permission be given by the City Council for the City to enter into an agreement for engineering services for the air conditioning for O'Connor Piel6house. SECONDED by Jarboe. MOTION CARRIED (EXECUTIVE SESSION REQUEST) The Mayor informed the City Council that Councilman Raymond has requested that an Executive Session be held on June 22, 1987, at Noon for the purpose of discussing negotiations with the Fire Department. MOVED by Jarboe, SECONDED by Carter that pursuant to Idaho State Code, Section 67- 2343, an Executive Session be called for June 22nd at Noon in City Hall for the purpose of discussing negotiations with the Fire Department. Roll call vote. Those voting yes: Jarboe, Straight Carter, Mallea, and Winder. Those voting no: none. Absent and not voting: Paymond. MOTION CARRIED (TRANSF T R OF' BEER AND WINE; LICENSE) Mayor Cowles presented a request for a transfer of a beer, wine, and pool license for James A. Easteppe dba The Time Out Club located at 424 Elgin Street. All. of the }gaper work was in order, the Chief of Police has issued his approval, and the State and County licenses were secured. MOVED by Carter, SECONDED by Straight that approval be given for the license- transfer as requested. Book 28 MOTION CARRIED Page 90 (SWARD BID FOX THE WATER SYSTEM IMPROVEMENT PROJECT AND SEWER SYSTEM, !MPROVEMENT PROJECT) The City Engineer, Mr. Redmond informed the City Council that bids were opened last Friday for k and Sewer System improvement projects. There was about six bidders in each situation, Alpha Engineers prepared a recommendation for award as follows: 1. Water Project Proposal No. 1: Cleveland Blvd. Brown Construction, Caldwell, Idaho Bid: 551,355.50 2, Water Project Proposal No. 2: 4th Ave. Brown Construction, Caldwell, Idaho Bid: $23,684.50 3. Sewer Project Paul Construction, Meridian, Idaho Did: $88,718.80 In all three cases, these were the low bidders- Mr. Redmond recommended that approval be given to accept the bids as Presented. MOVED by Carter, SECONDED by Winder that the recommendation of the City Engineer be accepted for the award of bids as specified. MOTION' CARRIED (SELECTION OF ENGINEERING FIRM ECR E.D.A. SEWED 'PROJECT Councilman Winder was requested to address this item on the Agenda, Mr. Winder read the following recommendation from the City Engineer representing the Committee that was appointed by the Mayor: Friday morning, the committee appointed by the Mayor held interviews to assist in the choosing of an engineering firm to assist the city in the E.D.A. sewer project. Les Carter, Dick WinSer and myself served as the interview committee. Sandy Straight was ill and Dick Winder consented tc replace Sandy on the committee. Proposals were requested from three local firms: A 1 p h a Engineers, Blakley Engineers and J-U-B Engineers. These three firms submitted written proposals last vqednes6ay, and we scheduled interviews for Friday morning. After the interviews of approximately 3O rmi-,utas each, the committee completed individual scoring of the firms based upon the format listed in the proposal re-quested. All three firms were qualified to perform the work. The recommended choice of the committee was Blakley Engineering based - upon a combination of previous federal grant experience and project cost_ The. Ccm.-nittee therefore recommends that the City proceed with negotiation and execution of an engineering contract with 2lakley Engineers for the above-referenced project. Isl Dick Winder, Les Carter, and Ron Redrilond MOVED by Mallea, SECONDED by Winder to accept the committee's recommendation to proceed with execution of an engineering contract with, Blakley Engineers for the project as specified, Book 28 MOTION CARRIED Page 91 ([aPSTPRN PLUMBING DISCUSSION REGARDING SEINER LINE PROBLEM) The discussion with regard to this item is attached to the minutes as a public record. An exact transcription was requested by the Mayor. (REQUEST TO VACATE SOUTH T6dO FEET OF 0G9YHEE LANE) Mrs. Robison read the following memo prepared for the City Council as follows: TH, PRO&LEM-: A building permit was issued for construction of a single family residence on Owyhee Lane east of the intersection of S. Florida Avenue. Due to a mix up on the front property line, the foundation was put in encroaching 2 feet into the 20 -foot front setback. This was discovered after the walls were partially up to the point where it would be economically difficult to tear the structure down and move it back. After reviewing the situation, we proposed the two following solutions to correct the problem: 1. A variance to allow the existing residence to encroach into the setback. The remaining houses to be built along the street would be placed on the 20 -foot setback line. 2. Vacation of the southerly two feet of Owyhee Lane. The present r/w is E0 feet; 56 feet is adequate for a local access street. Owyhee Lane was improved for approximately 450 feet in a local improvement district last year and, since it is a short street that ends on the rim of the hill, will probably never need to be widened. The Planning and Zoning Commission was more receptive to the second proposal and indicated that the vacation should extend across the entire 1,105 feet of right of way as deeded so that a 20 -foot building setback can be maintained on the south side of Owyhee Lane as it develops. A public hearing is required in order to vacate dedicated property. Publication of notice of hearing and notification of property owners within 300 feet by certified mail are part of this procedure. Following the hearing, if the Council rules to vacate, an ordinance is passed. This is a request to set a public hearing to vacate the southerly two feet of Owyhee Lane right of way east of S. Florida Avenue. MOVED by Mallea, SECONDED by Carter that the public hearing be set to take testimony on this vacation a month from now, July 20th. MOTION CARRIED (I:INANCIAT REPORT) Councilman K informed the City Council that he reviewed all of the bills and the report was as follows: The Accounts Payable in the amount of $639,407.1.8; Salaries, $266,944.55 with fringe benefits in the amount of $68,935.24 making a total of $975,286.97. MOVED by Wrinder, SECONDED by Mallea that the bills be paid and the vouchers filed in the Office of the City Clark. MOTION CARRIED (COMMITTEE REPORTS) Councilwoman Mallea stated that she already discussed the Stadium which was her report at this time. Book 28 Page 92 Councilnan winder reported that he attended t'ne ln, irpoct Commission meeting. Nothing unusual was discussed other than the proposed expansion of the airport. The 28th of June was the: date set for the 'fir - - Fair. Councilman Jarboe attended the Golf Board Meeting which he thought was an exceptionally good group. The Board was still interested in expansion of the Clubhouse and they were optimistic about the growth of the golf courses. Councilwoman Straight reported that she attended the Library Boas meeting. Alta 'Williams was present and introduced her to everyone which she a>oreciated. Councilman Carter stated that he attended the Senior Citizen Board Meeting which went very well, i.e asked the Council members if they would try to co:r:e to the Center for dinner in the near_ future. (MAYOk ° S COMMENTS) mayor Cowles thanked Councilwoman N�allea for the feting Mayor position she assumed while he was out: of town. He also reminded the Council of the A.I.C. Conference in Sun Valley at the end of the week. The mayor also informed the City Council that the City Engineer has rec_:uested a Special City Council Fleeting on the 29th of June at Noon. Councilman Jarboe reported that he attended the Governor's Golf Tournament with the 'Mayor. He wanted the Council and audience to know that it was a real beneficial kind of activity for the City. The number of contacts were tremendous. Also, they both brought back trophies. Councilman winder reported that the Blue Ribbon Committee met last Wednesday and did not intend to issue any recommendations at this time. They discussed a number of - problems regar6in the downtown area and will be reporting to the City Council at c. later date. There being no further business, the meeting was adjourned at 9:00 P.m. APPROVED AS W -4 TIFIS 6th � BAY OF July 1987. s Counciloerson Coun 'lpe o f tncilpers ATTEST: Mayor i Counc' , er 'on Coundilp son Councrinerson City Cleric.