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HomeMy WebLinkAbout1985-07-01city council minutesBook 26 REGULAR MEETING July 1, 1935 7:30 p.m. The Meeting was called to order by Mayor McCluskey. Page 117 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 MINU'T'ES) MOVED by Cowles, SECONDED by Mallea to dispense with the reading of the minutes of the Regular City Council Meeting of June 18, 1985, and the Regular City Council. Meeting of June 25, 1985, and approve them as written. MOTION CARRIED (AUDIENCE PARTICIPATION) The mayor acknowledged Mr. Bill Ball, a member of the audience, who requested to be allowed to speak to the City Council during this time with regard to the irrigation questionnaire that was sent out to the general public. Mr. Ball explained that he was one of the residents of Caldwell who received the questionnaire asking for input with regard to how the City should proceed on the irrigation problems. Mr. Ball then presented some solutions that he felt should be given some consideration. NEW BUSINESS (HEARING OLD APPEAL REQUEST MADE BY MR. AND MRS. RUSSI ON DECISION OF PLANNING AND ZONING TO GRANT A SPECIAL USE PERMIT TO ANDREW EASTERLING) The Mayor stated that he would start this item on the Agenda by calling on Mrs. Robison to give some background information of the area. Mrs. Robison informed the City Council that in March of 1977 and in December of 1977, the City of Caldwell enacted a Comprehensive Plan and Zoning ordinance which zoned a large area from about 15th Avenue out to Linden to the Interstate and across including the Airport to within about 600 feet. of Cleveland Boulevard as Industrial. The City hired a planning consultant and he established a zone proposal based on the land uses that were present in the area at that time including feedlots, some vacant land. The City Council and the Planning and Zoning Commission accepted this proposal. Public Hearings were held, maps were available ' maps printed in the paper so the public at large would be familiar with what was being done. No one from the East Chicago area was in to testify one way or the other so the zone was adopted and has been in effect since 1977. The Zoning Ordinance adopted at that time did not allow residences in either Commercial or Industrial Zones. Appeals were made to the City for residences in the area. The Commission studied it for a while and agreed to amend the Code to allow residences with a Special Permit in Industrial and Commercial areas. This was to make them aware of the fact that they were in an area where they would be subjected to other uses that were predominate in that zone. Since that time, the City has had two requests; one for a Special Use Permit for a residence on East Chicago and another was for a residence on Lake Avenue which was in the C -3 Zone. Mrs. Robison also said she looked through the Building Permits Boob, 26 Page 118 since 1978. There was a permit for one residence, a few remodels, additions to residences, two new shops, shop remodel and about six mobile homes. 'There is a T- Mobile Home Overlay that extends for 300 feet on each side of Chicago Street. There was also a trucking firm that was presently making plans to locate on Past Chicago on the other side of the radio station. Mrs. Robison further said that she would submit as Exhibit A the Planning and Zoning Commission's Findings of Order which includes the application, petition, a few letters for the City Council's information. She then distributed copies of all of this material to the members of the City Council. Mrs. Robison then explained that the Special Use application was presented to the Commission by Mr. and Mrs. Easterling. They °- have been conducting truck sales business there and also on a lot on 21st. Evidently they .found that they were taking in used parts, inoperable vehicles and parting out some vehicles in the repair of the trucks and needed a place to store them. They began storing them on their property and this was called to the attention of the City. The City then requested that they get in compliance with the Zoning ordinance by applying for a Special Use Permit. This allows the City to place some restrictions on a piece of property that might not otherwise be required. A hearing was held on their request, testimony was taken, and the Commission tabled action and then made a site inspection of the property. At their last meeting they compiled their Findings outlining their decision and the reasons for it. The Commission then approved granting the Special Use Kermit. The Mayor then asked if there was anyone else from the audience who cared to sign the paper allowinc7 them to speak to this issue during the public hearing„ As there was no one else, the Mayor requested that the City Council. establish the time Limit for those who chose to speak. MOVED by Mallea, SECONDED by Cowles that five minutes be allowed for each person giving testimony. MOTIO14 CARRIED The Mayor then the Public Hearing open and proceeded with those who requested to be heard. Ralph Russi, Route 3, Box 337 - Mr. Russi's presented a prepared statement which is attached as Exhibit B. This statement was also distributed to members of the City Council.. Eugene Stinemetz, Route 3 - I live directly across the street from them and they are fine neighbors as far as I know. It seems to be that the people who live there have no say whatsoever. We have lived there twenty -six years and they just moved in and it looks like a majority of the people should have a say as to whether they have a wrecking yard or they don't. Ernest Wilson, Route 3 - Pass. Rae Easterling, 2718 East Chicago - Mrs. Easterling's comments are within the documents classified as Exhibit A and are attached to these minutes. William F. Yost (Bud) , Attorney at Law, Drawer E, Nampa - Mr. Yost stated that he did not think he could do much better than Mrs. Easterling. lie did want to remind the members of the City Council some of the things that are permitted in the M -1 zoning. It is Light Industry and some things permitted are contractor storage yards, food processing plants, grain storage, lumber yards, machine shops, meat packing plants, planing mills, public utility yards, railroad yards and shops, terminal yards for trucking, truck and tractor repair. That is exactly what Mr. and Mrs. Easterling would like to do with the property they purchased. I would like to also remind the Council of Book 26 Page 119 another factor. There was some pictures taken by the Easterlings which he would ask be shown to the Council. He felt it was a fair representation of the neighborhood and were taken by the Easterlings. The Plan was adopted in 1917 and all of the homes have been there for some time except the chief opponent to this particular plan bought after the adoption of the Comprehensive Plan and the establishment of the Zone. This was a matter of public record. The property has been used as truck sales since May of 1982 with no complaints until this particular request to allow the storage of vehicles for the removal of parts and eventually the removal of the hulls. Mr. Yost said he did know how you would draw the fine line. It was not a junk yard, but it is a storage area to take the parts to use in the used truck business and eventually remove the hulls. The Planning and Zoning Commission found some rather unique things and he would ask that the Council read those Findings and their Order. The site inspection was most important to the usage of the property and some of the findings made. The existing uses are varied. The highest and best use for this particular ground was exactly what Mr. and Mrs. Easterling intend to use it for. Mrs. Easterling already commented on the operating hours which was a concern to Mr. and Mrs. Russi. The Easterlings do not intend to be there all night. Mr. Russi also requested that there be a thirty foot wide buffer zone; Mr. Yost said he would ask the Council to take a look at it as it was a large open expanse. There was no residences close by except for the residence owned by Mr. and Mrs. Russi. with regard to trucks stooping traffic; he had been there several times and did not see a problem. They do not plan to stack anything or crush anything; it was to be a storage area. He felt it was a smokescreen and he wanted the Council to be aware of this. The Planning and Zoning Commission agreed that there was not detriment, harm, hazard or nuisance and he did not feel that it was shown. The Commission's Findings of Fact and Conclusions of Taw support the position of Mr. and Mrs. Easterling. They would ask the City Council to put their confidence in the Planning and Zoning Commission and affirm that decision which has been thoroughly reviewed and a decision rendered. A gentleman from the audience who did not sign the paper asked if he could speak at this time. The Mayor informed him that although he was not in concurrence, he could not allow him to speak. Councilman Raymond pointed out that the gentleman's name was Mercado and his letter was included in the items labeled as Exhibit A. Kent Russi - Mr. Russi stated that he felt the largest concern over this is not what Easterlings have done and how they have improved their property. it is what they were looking at down the road. There was an auto salvage yard down the street which made promises with regard to their business. if you look at it now, there is hundreds of cars and have been there for years. This person did not keep his word, but there nothing can be done about it now since the Special Use Permit has already been granted. It was a concern for them because it was right next to them. That is why they have to apply for a Special Use Permit; it is not just something they can do. His family was concerned with the storage of chemicals. They are right on Indian Creek and have to apply with the Health and welfare or the State Law. They have not given them any guarantee that there will not be any ground seepage or spill of these chemicals. — What will happen in the future - it looks nice now, but there is no control for the future. The City Council has to protect not only the Easterling's rights, but also the rights of those who have been there for years. We are not denying the fact that they have the right to keep a truck sales yard. This is a permitted use and we knew that, but they don't have a right without a special permit to break down parts and have chemicals and etc. and you making sure that they will not be a detriment to us. The Commission never did answer one of the statements of law which was a question of whether they could prove that in the future the land values next to and adjacent to a salvage Boob 26 Page 120 yard will not deteriorate. This was one of the major points that they failed to comment on. It was important to them because they owned a lot of the land around there. Before closing the hearing, the Mayor asked the members of the City Council if they had any questions they cared to ask at this time. Several Council members did ask questions. The tape from this hearing is on file at the Office of the City Clerk. The Mayor closed the Public Hearing and recommended that the City Council take this matter under advisement. A date should be established for the City Council to meet in a work session to compile their Findings of Fact and Conclusions of Law. This would be an open meeting; anyone could attend, but would not be allowed to speak at that time. The Mayor also encouraged the City Council members to look at the site under discussion. fie would also request that the City Council President establish a date for the work session. Councilwoman Mallea stated that she womuld ask the Easterlings to answer in writing the concerns on the noxious substances; the presence of them; the location of them; the quantity of them; the disposition of them; anything which has been brought forth here. She would like this information to be received by one week from today. Councilwoman Mallea then said that she would set two weeks from this time at the next Regular City Council Meeting at 7:30 p.m. to be the date certain for an answer to these people involved. MOVED by Mallea, SECONDED by Carter that the 15th of July be set as the date certain for an answer and Findings of Fact and Conclusions of Law. MOTION CARRIED Councilwoman Mallea, after discussion with the members of the City Council, established the work session on Tuesday, July 9th at Noon. This would be held in the Conference Room and the public would be welcome, but not allowed to speak. (DEEDS AND EASEMENTS) The City Engineer, Mr. Redmond, presented the following deeds for acceptance by the City Council: Chertudi Trucking, r/w East Chicago; R and D Enterprises, r/w Homedale; Phyllis W. Bianco, r/w Indiana; Crookham Co., r /w/ Paynter; Crookham Co., r/w Paynter; Raul and Irma Perez, r /w/ Hillcrest; Kay and James H. Stattner r/w Hillcrest; Calvin D. and Verda R. Leishman, r/w Hillcrest; John M. Soran, r/w Hillcrest; David G. and Glenna J. E. Traylor, r/w Hillcrest; Preston C. and Barbara H. Peterson, r/w Hillcrest- Florida. MOVF,'D by Mallea, SECONDED by Cowles to accept the Deeds as presented by the City Engineer and instruct the City Clerk to have them recorded. MOTION CARRIED (ESTABLISH MEETING WITH J.U.B. ENGINEERS) The Mayor stated that another meeting must be scheduled for those members of the City Council who did not attend the initial meeting with J.U.B. Engineers. After discussion, it was agreed that they would meet with J.U.B. next Monday, the 8th of July, at 4:00 p.m. The City Engineer was instructed to notify the Engineers of this meeting. (REQUEST FOR HELP - FOURTH OF JULY) The Mayor informed the City Council that he needed some help to sell tickets at the Stadium for the drawing on the night of the Fourth. He would appreciate very much if any of them had an idea as to who would be willing to help out. Thirty or forty people would be necessary. Book 26 (COMMITTEE REPORTS) Page 121 Councilwoman Mallea said that she attended the first meeting with J.U.B. Engineers and was the only meeting she had recently attended. Councilman Raymond reported that he had received a complaint that morning of City property on the even side of the street sprinkling when they should not be doing so. He also reminded the Council members of the funeral services for Pete Oleson the next morning at 10 :30 a.m. Councilman Cowles complimented Councilwoman Mallea for her remarks at the retirement luncheon for Al Wing last Friday. He felt it was extremely well done and he admired what she said. Councilwoman Marcus said that the Chamber of Commerce was planning a barbecue at the Park on July 16th in honor of the new Director of the Chamber. All City Council members were welcome to attend. The time was 6:30 P.m. (CATERING PERMITS) The Mayor presented two Catering Permits for approval. Both were for events during the Fourth of July celebration. One for the Elks Club to cater for the Softball Tournament on July 6 and 7; the other for the College of Idaho athletic Association booth at the park on the Fourth of July. Both permits were to be approved subject to approval by the Chief of Police. MOVED Cowles, SECONDED by Carter that approval be given for the Catering Permits be granted as presented by the Mayor. MOTION CARRIED The Mayor also informed the Council that he was planning to give several certificates on the Fourth of July at 11:00 a.m. at the Band Shell in the Park. He was hopeful that the City Council members would try to be present at that time. (PRESENTATION BY COUNCILMAN NORMAN) Councilman Norman stated that he would like to present to the City Council members and the Mayor a report for a project one would like to have them consider. Before starting this project, Councilman Norman said that he went to Nampa to visit with Ken Harward and asked him specifically what the situation was with regard to the computer system and the cities of Caldwell and Nampa and what his feelings were about Caldwell having their own computer here. Mr. Harward's comment was that if he was in Councilman Norman's shoes, he would do the same thing and in a sense gave his blessing. Nampa was in the process of deciding whether they will out in a new system so the timing was good. It took several months to put the report together. It was his request that the Council members take the report, study it thoroughly with an open mina, and then meet to discuss it. In talking with Mr. Harward, he showed him two reports that Nampa compiled which were requests for grant monies. The information for the requests was compiled in three days and Nampa did receive the grant. Under our system, it would have taken thirty days. In the report he just passed out to the Council, they will find cost figures, deficiencies as far as the system is now, how it will help the City in time saving projects, and etc. There being no further business, the meeting was adjourned at 8.40 p.m. APPROVED AS written TI-IS 15th DAY OF July , 1985. Bool 26 C 0 1, ll rso po4,anci I person councilperson ATTEST: Page 122 City Clerk-/(-/