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HomeMy WebLinkAbout1984-07-10city council minutesBook 25 REGULAR MEETING July 10, 1984 12:00 Noon The Meeting was called to order by Mayor McClusky. Page 151 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: Carter, Mallea, Marcus, Cowles, Raymond, and Norman. Absent: none. (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. The Mayor stated that he did have one item that he would like to bring before the City Council at this time. This request was made due to a time limitation on the part of Mr. Ensley. The Mayor reminded that Council that previously they established a $1,000 limit on change orders for the new City Hall. There was a need for approval of a change order in the amount of $1,033.00 to repair a design deficiency in the roof covering and he would recommend approval from the City Council. MOVED by Mallea, SECONDED by Marcus that approval be given for Change Order 20 in the amount of $1,033.00. MOTION CARRIED OLD BUSINESS (DECISION ON APPEAL ON SPECIAL USE PERMIT APPROVED BY PLANNING AND ZONING COMMISSION FOR PUBLIC, SEMI - PUBLIC USE OF BUILDING AT 1520 CLEVELAND) The Mayor stated that the first item under Old Business was a decision on the appeal on special use permit approved by Planning and Zoning Commission for public, semi - public use of building at 1520 Cleveland. The Mayor commented that he had never seen a Council take an item so conscientiously and work as hard on determining a decision. He would commend the City Council on their efforts. The Mayor then asked Council what action they would take on this matter. Councilman Carter stated that he would like to read the findings, conclusions in the matter of an appeal of a Special Use Permit for 1520 Cleveland. 1. The Comprehensive Plan of the City of Caldwell concerning zoning and land use was prepared and adopted after citizen input and great effort in order to conserve and stabilize property use. 2. Burns Financial, Inc., applied for a special Use Permit for a Public and Semi- public use encompassing tenants including educational organizations and religious groups. 3. The Zoning Ordinance calls for the issuance of a Special Use Permit as follows: SPECIAL USE - The term Special Use shall mean a use or occupancy of a structure or use of land, permitted only upon issuance of a Special Use Permit and subject to the limitations and conditions specified therein. 6 -5 -4 - Zoning Ordinance. Book 25 Page 152 4. Burns Financial, Inc., made application to the Caldwell Planning and Zoning for a Special Use Permit on property generally described as IL520 Cleveland Blvd., Caldwell, Idaho, and specifically described as Lot 2, and the Northeasterly 18 feet of Lot 3, Block 21, Washington Heights, Steuenberg and Hands Addition to Caldwell, Idaho. 5. At the conclusion of the Planning and Zoning Public Hearing on May 17th, Burns Financial Inc., was granted a Special Use Permit, with stipulations under a classification of Public, Semi - public. 6. Much testimony and discussion was held from neighbors protesting the issuance of the special Use Permit and its potential adverse effects. 7. City of Caldwell Zoning ordinance has no definition of Public, Semi - Public. 8. Caldwell Planning and Zoning Commission made no Finding of Fact or conclusions of Law. 9. A Special Use Permit is granted for the specific use of property or land and no such use was ever disclosed. Conclusions: 1. Planning and Zoning erred in granting a Special Use Permit in an R -2 Zone without more specific knowledge of the Special Use to which the property would be put. 2. Planning and Zoning erred in granting a Special Use Permit without Findings of Fact or Conclusions of Law. 6 -4 -4, Section F. 3. Planning and Zoning: erred in not granting or denying a Special Use Permit for only the uses applied for in Burns Financial, Inc., application. 4. Burns Financial Inc., is not entitled to a Special Use Permit without full disclosure of the intended use of the premises. 6 -4 -4, Section B. 5. A Special Use Permit granted for non - specified or multiple uses would be contrary to the intent and purposes of the City of Caldwell Zoning Ordinance and detrimental to the surrounding zoned property. 6 -4 -4 A, 6 -1 -3 G. The Mayor then asked what action the City Council cared to take at this time. It was then MOVED by Mallea, SECONDED by Norman thatthe Findings and Conclusions be adopted. The Mayor then asked for discussion from the members of the City Council. Councilman Raymond asked for some clarification as to where it would leave the situation if adopted. The Mayor stated that it would mean that the Planning and Zoning determination was rejected. Councilman Carter pointed out that there was two options: either to uphold the appeal and deny the Special Use Permit or to remand the action back: to the Planning and Zoning Commission for their Findings of Fact and Conclusions of Law which should have been done originally. The Mayor added, or to reject in its entirety. Councilwoman Mallea said that the Findings and Conclusions are necessary for an agreement for any order that would be then discussed and voted on by the City Council. Councilman Raymond stated) that he could accept these Findings and Fact if we are going back. - at least. three of the items refer to errors by Planning and Zoning. If it is going to go back to them to try to accomplish some. use of this building, he would have no problem with this document. He did have a problem if it would Book 25 Page 153 leave them with no other way than .just total denial and say it is vacant. He based this on some facts that he established in his mind. one was that he did want to protect that neighborhood and it appeared to him that protecting the neighborhood does not mean leaving large structures vacant. It is a fact that Cleveland Boulevard in Caldwell is, in fact, Highway 30 and would not, in his opinion, be used to build a new house on if left vacant. Councilman Raymond stated further that he did not want to specifically determine which tenants are available in a building, either on Cleveland or any other place in town. He felt it was the Council's roll to set perimeters that neighbors, business or residential neighbors, can live with. Basically, a use needed to be found for that building. Councilwoman Marcus stated that with regard to specific tenants - in no way would the City Council have any interest in saying which tenants would go in there as far as they are allowed. The not knowing who the tenant was going to be creates the problem. Councilwoman Mallea further commented that the Law says that in order to act on this as an appeal, Findings of Fact have to be made based upon standards and made in writing. Therefore, an attempt was made to provide this as a form of action. The action has not be determined. We are voting on whether or not these are Findings of Fact that are written and presented and conclusions as related to the Law. The action to be taken will be a separate motion. Councilman Raymond stated that he had a problem with item number 4 with regard to the intended use. As he recalled the testimony, it was an intended use of public, semi- public and he would agree that they do not have a definition of public, semi - public in the ordinance. This was an intended use. Councilwoman Mallea said that this was the classification. Much information has been received on this. Councilman Carter pointed out that on the supplement of the application, paragraph 3, "Usage - Burns Financial, Inc., is requesting a Special Use Permit under the current zoning classification or district of R -2 for public, semi - public use. Current planning encompasses tenants including educational organizations and religious groups." Much discussion followed with regard to the usage of the property. The tape is on file with the City Clerk. The Mayor then asked for a vote on accepting the Findings of Fact as written. Roll call vote. Those voting yes: Mallea, Marcus, Norman, Carter. Those voting no: Cowles and Raymond. Absent and not voting: none. MOTION CARRIED The Mayor then informed the City Council that their next determination was the action to be taken. MOVED by Carter, SECONDED by Norman that based on the preceeding _ Findings and Conclusions and after consideration of Planning and Zoning minutes, review of the testimony and written material presented, that the appeal from the Planning and Zoning decision of May 17, 1984, granting a Special Use Permit to Burns Financial, Inc., be remanded back to Planning and Zoning Commission for Findings of Fact and Conclusions of Law as specified by Law. Councilman Cowles questioned as to whether there would be any kind of time frame as to when a response would be received back from the Commission. Book 25 Page 154 Councilwoman Mallea staged that this was why she would like to deny the Special Use Permit. She felt it was in the best interest of the applicant to give a firm order upon which they can act or not act. To remand it back to Planning and Zoning if you have a flawed application in the first place, which she felt was the case in that it asked for two uses under public, semi - public which is unclear, delays any action they could take. If Planning and Zoning acts again on this application and makes true Findings of Fact, it will appear here again on an appeal to determine whether or not the original application was correct. Councilwoman Mallea felt that it was in a time frame detrimental to the property owners and this was why she would prefer to deny it and let them make a clear cut decision. The Law says that they have to wait ninety days, but the Planning and Zoning Director advised her that by permission from Planning and Zoning, it can be handled as a new application. Councilman Raymond further said lne was also concerned about getting this item expedited as well. Was he right in his understanding that the application could not be clarified if under public, semi - public which is too ambiguous. Councilwoman Mallea stated that this was her opinion and it was her feeling that it was necessary to start over with a definite application. Councilman Raymond further said that if it was a flawed application, Planning and Zoning should have made that determination initially before action was taken. If it is sent back to Planning and Zoning and the Commission states that it is not a complete or valid application as drawn, they would still have the option to start again at that point - just the same as if the Council turned it down totally. Councilwoman Mallea stated that she could not answer this. The Mayor stated that he was in agreement with the motion as made. He believed that the City Council could not take action on this appeal after stating in writing that the application was flawed. It was the Mayor's feeling that it should be remanded back to the Planning and Zoning Commission. After additional discussion, the Mayor asked for a vote on the motion as made. Roll call vote: Those voting yes: Carter, Raymond, and Norman. Those voting no: Mallea, Marcus, and Cowles. Absent and not voting: none. The Mayor declared that due to the tie vote, he would vote yes which carried the motion. MOTION CARRIED (FIRST READING OF AMENDED BILL WITH REGARD TO PROPOSED CHILD CARE FACILITY LICENSING) The Mayor distributed to the City Council members a copy of suggestions with regard i -o this proposed Bill received from the City Attorney. It was the Mayor's recommendation that the first reading of this amended Bill be delayed until the Council had an opportunity to go over this document from Mr. Smyser and make any necessary additions or corrections. It was suggested by Council that these comments from the City Attorney be available for: representatives from health and Welfare. Councilwoman Marcus also suggested that a reputable child care person attend the Council Meeting to discuss the proposed Bill. MOVED by Raymond, SECONDED by Carter to delay the first reading of the amended Bill regarding licensing child care facilities. MOTION CARRIED NEW BUSINESS (AWARD BID FOR NORTH ILLINOIS PROJECT) Book 25 Page 155 Ron Redmond, the City Engineer, informed the City Council that bids were opened the day before with regard to the North Illinois project. Six bids were received with the low bid received from Idaho Sand and Gravel in the amount of $203,684.50. It was Mr. Redmond's recommendation that the City Council accept the bid from Idaho Sand and Gravel. MOVED by Raymond, SECONDED by Mallea to accept the low bid from Idaho Sand and Gravel in the amount of $203,684.50 for the North Illinois Project. MOTION CARRIED (COMMITTEE REPORTS) Councilwoman Mallea reported that July 24th has been designated as the Public Hearing to determine input from citizens and Departments concerning Revenue Sharing. The budget was progressing to the point where it would soon be completed. MOVED by Mallea, SECONDED by Norman that July 24th at 12:00 Noon be designated as the public hearing for input from the Departments and citizens with regard to Revenue Sharing monies. MOTION CARRIED MOVED by Mallea, SECONDED by Marcus that the City Council convene into an Executive session for a few minutes after adjournment of the Regular Meeting pursuant to the Idaho Stae Code, Section 67 -2343, for the purpose of discussing salary schedules for the next year. Roll call vote. Those voting yes: Mallea, Marcus, Cowles, Raymond, Norman, and Carter. Those voting no: none. Absent and not voting: none. MOTION CARRIED Councilman Norman informed the Council that he met with the Golf Board and they were getting along fine. Councilman Raymond stated that he talked with some of the personnel at the Armory. They were going to give him a copy of the community activities that take place within that facility so the City can better understand possible approval of dollars for maintenance of the building. Councilwoman Marcus said that she met with the Library Board where they discussed several problems; telephone situation, weeds in the yard, lack of help in the Fall due to several employees scheduled for surgery. Councilwoman Marcus also informed the Council that they were invited to the Snake Basin Drama presentation of Midsummer Night Dream on the 17th and 18th. Councilman Carter reported that he met with the Airport Commission last week and they did have some requests from the Administration and the Council. One was that the sod farmer has not signed and returned his lease to the City. The City Attorney sent him a legal notice to sign the contract and to perform his duties or vacate the property. The document has not be received and has been in his hands for over three months. The Commission would like to have some action taken with regard to this problem„ The Mayor stated that he would write a letter regarding this situation. Councilman Carter further said that the Commission also made a recommendation to the City that they proceed with trying to acquire the right of way to extend Andy Lane. This would give better access to the Airport from the Freeway. The Mayor suggested a friendly letter be written with an offer. Discussion Book 25 Page 1.56 followed with regard to this request - particularly as to whether this was in the City limits. It was agreed that the request would be pursued, (MAYOR'S COMMENTS) The Mayor reported that a letter was received from the Airport Commission which all members of the City Council received a copy of. The Mayor also stated that he received a letter from the City Attorney with regard to the Industrial Revenue Bonds. Mr. Smyser informed the Mayor that he found all to be satisfactory after reviewing, The Mayor also informed the City Council that the Chamber of Commerce was supporting his project regarding a rest stop at Jaycee Park. There was a time factor involved so it was important to have their support. There being no further business, the Regular City Council Meeting was adjourned at 12:50 p.m. and the Council convened into an Executive Session which was adjourned at 1:15 p.m. APPROVED AS written THIS 17th DAY OE 1984, i ,7t�ly r Rfayor - �Coudc`i 1pexobn Counci 1person Co n 'p is z C u cilp A - so unci pe son nci p is n ATTEST: _ cl City C1, K