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HomeMy WebLinkAbout1985-08-05city council minutesBook 26 REGULAR MEETING August 5, 1985 7.30 p.m. Page 136 The Meeting was called to order by Mayor McCluskey. The Mayor requested that everyone stand and give the Pledge of Allegiance to the Flag. The IRo.11 of the City Council was called with the following members present: Mallea, Cowles, Raymond, Norman, and Carter. Absent: Marcus. (APPROVAL OF MINUTES) MOVED by Cowles, SECONDED by Norman to dispense with the reading of the minutes from the Regular City Council Meeting of July 15, 1985, and approve them as written, MOTION CARRIED (AUDIENCI, 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. OLD BUSINESS (FINDINGS OF FACT ON APPEAL OF SPECIAL USE PERMIT GRANTED TO T AND D PARTNERSHIP FOR MOBILE HOME PARK) The Mayor requested that Councilwoman Mallea present the Findings of Fact and Conclusions of Law of appeal from decision by Planning and zoning Commission to grant a Special Use Permit for a mobile home park at Lake Avenue and Ustick Road in Caldwell. Councilwoman Mallea explained that a work session was held by the City Council to study the testimony presented at the public hearing regarding this issue. The meeting was open to everyone, but no testimony was allowed. At that time the Council reviewed all of the facts and the Findings of Fact were then prepared. Councilwoman Mallea then presented the following as prepared by the members of the Council: A. Introduction 1. A written notice of appeal was filed with the City Clerk on June 20, 1985, by Connie Bl.ayney and Jim Upson of Canyon County, Idaho, regarding approval of a special use permit for a mobile home park to be constructed on a recently annexed 35 -acre parcel at the southeast corner of the intersectin of Lake Avenue and Ustick Road (Lot 4, Section 1, T3H, 2. Said notice of appeal was filed as set forth in 6- 4 -5(G), Caldwell Code, within five days of Council's approval of Comprehensive Plan and zone designations upon annexation of the subject property. Approval of the special use permit was contingent upon completion of annexation proceedings. 3. The public hearing notice and procedures prescribed in 6- 4 -4(C) were followed and a public hearing held by the City Council on July 15, 1985, in accordance with 6- 4 -4(H). 4. 'Testimony and information presented at the public hearing were reviewed and the following Findings of Fact and Conclusions of Law are hereby adopted by the City Council: Book 26 Page 137 B. FINDINGS OF FACT: (References are Title VI and Title V, Chapter 11 of tlio Caldwell. Code) 1. The application for a special use permit was submitted by T and D Partnership to construct a mobile home park which will be approximately 50% adult and 50% family on a 35-acre parcel of land as specified in 6-4-4(3). 2, The Caldwell Comprehensive i4an designates the subject property as frame and service commercial. 3. The property is shown as C-3 service commercial on the official zoning map of the City of Caldwell. 4. Mobile home parks are a permitted use by special use permit in the C-3 service commercial zone (6-2-1, Land Use Schedule). 5. The mobile home park has been designed to meet mobile home park development standards as set forth in Title 5, Chapter 11 of the Caldwell Code. 6. Surrounding land uses include the Terrace Drive-in theater and other commercial uses on the north and also on the east between the Elijah Drain and Cleveland Boulevard. Property to the northwest, test and south is presently agricultural. There are approximately 10 single family residences across bake Avenue to the southwest of the subject parcel. 7. The property is located on two arterial roads. The developer will widen and improve Lake Avenue and Ustick Road adjacent to the mobile home park in accordance with the half street policy (cur" gutter and paving of half plus 7 1/2 feet of roadway) . 8. The developer will extend the sewer from the interceptor on Cleveland Boulevard down Lake Avenue to serve the park. Water is available and will be paid for by the developer in accordance with the Water Main Extension Policy of the City. 9. Police and Fire Departments have reviewed the mobile home park layout plan and have indicated no problems in providing these services. 10. The density of the park will be no greater than that of a single family residential subdivision (4-6 dwelling units per acre) . 11. Restrictive covenants and park rules have been submitted by the developer which stipulate only late model manufactured housing-type units will be allowed in the park. 12. There was no testimony which identified any detrimental effect of mobile home parks an surrounding properties. CONCLUSION'S OF LAW: 1. The special use requested is allowed in the zone in which it is located. 2. The nobile home ;-.)ark as proposed meets the requirements of the City of Caldwell in design and in public facility improvements as set forth in the Mobile Home Park Development Ordinance. 3. The mobile home park meets the requirements of the Caldwell Zoning Ordinance. 4. After reviewing the testimony and the information presented regarding the project, the Council found that no damage, hazard, nuisance or other detriment would be caused to persons or property in the vicinity. Book 26 Page 138 ORDER By majority vote, the appeal is hereby denied. It was then MOVED by Mallea, SECONDED by Norman to accept the Findings of Fact and Conclusions of Law and the Order as presented and that the appeal be denied. Roll call vote. Those voting yes: Mallea, Cowles, Raymond, Norman, and Carter. Those voting no: none. Absent and not voting: Marcus. MOTION CARRIED (ACCEPTANCE OF THE AUDIT) The Mayor explained that at the last Regular Meeting, the auditor presented the audit for the year. 'There was not a quorum at that time and the audit was not accepted by the City Council. The Mayor asked that the City Council take action on the audit at this time. MOVED by Norman, SECONDED by Carter to accent the audit as presented at the last meeting. MOTION CARRIED NEW BUSINESS (BTLL NO. 16 - ORDINANCE ON VACATION OF ALLEY IN BLOCK 37, MOUNTAIN VIEW SUBDIVISION) The Mayor explained that the hearing on this ,proposed Hill was held previously before the City Council. This was the time set for passing the Bill for the vacation. The Mayor read Bill. No. 16 by title only as follows: AM ORDINANCE RECITING PETITION FOR VACATION AND RECITING APPROPRIATE NOTICE THEREFOR WAS GIVEN: DETERMINING THAT � . VACATION OF THE FOALOVANG DESCRIBED REAL PROPERTY SHALL RE MADE, TO -WIT; MOVED by Raymond, SECONDED by Norman to dispense with the rule requiring that a Bill be read on three separate days and that the Bill be read by title only for the one reading. Roll call vote. Those voting yes: Raymond, Norman, Carter., Mallea, and Cowles. Those voting no: none„ Absent and not voting: Marcus. MOTION CARRIED MOVED by Raymond, SECONDED by Carter that Bill No. 16 be passed and entitled Ordinance No. 1701. Roll call vote. Those voting yes: Raymond, Norman, Carter, Mallea, and Cowles. Those voting no: none. Absent and not voting: Marcus. MOTION CARRIED (]BILL NO. 17 - AMEND CITY CODE REGARDING WEEDS) The Mayor explained that Bills No. 17, 18, and 19 were prepared by the Building Inspector and were to amend the Caldwell City Code. The stipulations set forth in the Bills were needed at this time in Caldwell. Mr. Wheeler, the Building Inspector, was present at the Meeting to answer any questions that the City Council might have. The Bills were researched and were it) accordance with the Idaho State Laws. Book 26 Page 139 Mr. Wheeler then addressed the city Council and explained the reasons for needing the Bills at this time. He explained that the City could only make threats at this time with regard to cleaning up weeds and trash. These bills would give the City of Caldwell some power to require that it be cleaned up. Basically, the Bills were copied from laws in other cities of Idaho and he felt they were very necessary. At the request of Councilwoman Mallea, Mr. Wheeler went through each of the Bills giving an explanation as to the meaning of the amendments and how they could be enforced. The Mayor then read Bill No. 17 by title only as follows: AN ORD INANCE TO REPEAL CHAPTER 4, T V I I OF TH MUNICIPAL CODE OF THE CITY OF CALDWELL, COUNTY OF CANYON STATE OF IDAHO AND ADD A NEW CHAPTER 4, TITLE VII SECTIONS 1 TO 6 WITH REGARD TO WEEDS REPEALING ALL ORDINANCES RESOLUTIONS, OR PARTS THEREOF lN CONFLICT HEREWITH. MOVED by Mallea, SECONDED by Norman to dispense with the rule requiring that a Bill be read at three separate days and that Bill No. 17 be read by title only for the one reading. Roll call vote. Those voting yes: Mallea, Cowles, Raymond, Norman, and Carter. Those voting no: none. Absent and not voting: Marcus. MOTION CARRIED MOVED by Hallea, SECONDED by Norman that Bill No. 17 be passed and entitled Ordinance No. 1702. Roll call vote. Those voting yes: Mallea, Cowles, Raymond, Norman, and Carter. Those voting no: none. Absent and not voting: Marcus. MOTION CARRIED (BILL NO. 18 - AMEND CITY CODE REGARDING REFUSE) The Mayor then read Bill No. 18 by title only as follows: AN ORDINANCE TO REPEAL CHAPTER 4, TITLE VII OF THE MUNICIPAL CODE OF THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO AND ADD A NEW CHAPTER 4, TITLE VII, SECTIONS 1 TO 6 WITH REGARD TO REFUSE PROHIBITEC REPEALI. ALL ORDINANCES, RESOLUTIONS, OR PARTS THEREOF IN CONFIICT HEREWITH. MOVED by Mallea, SECONDED by Norman to dispense with the rule requiring that a Bill be read at three separate times and that Bill No. 18 be read by title only for the one reading. Roll call vote. Those voting yes: Mallea, Cowles, Raymond Norman, and Carter. Those voting no: none. Absent and not voting: Marcus. MOTION CARRIED MOVED by Mallea SECONDED by Cowles that Bill No. 18 be passed and entitled Ordinance No. 1703. Roll call vote. Those voting yes: Mallea, Cowles, Raymond, Norman, and Carter. Those voting no: none. Absent and not voting: Marcus. MOTION CARRIED (BILL NO. 19 - AMEND CITY CODE REGARDING GARBAGE) The Mayor read Bill No. 19 by title Only IS follows- Book 26 Page 140 AN ORDINANCE. TO AM2ND SECTION 1, OF CHAPTIIR 3, TITLE VII, OF THE MUNICIPAL CODE OF THE CITY OF CLADNELL, COUNTY OF CANYON, STATE OF` IDAHO, PERTAINING TO GARBAGE I3Y ADDING AND DELETING CERTAIN LANGUAGE WITH REGARD TO SUBSECTION UNDER DEFINITIONS ENTITLED RESIDENTIAL UNITS AND MULTI FAMILY RESIDENTIAL UNITS: REPEALING ALL ORDINANCES, RESOLUTIONS, OI: PAR'I'S THEREOF IN CONFLICT HEREWITH. MOVED by Mallea, SECONDED by Cowles to dispense with the reading of a bill at three separate times and that Bill No. 19 be read by title only for the one reading. Roll Call vote. Those voting yes: Mallea, Cowles, Raymond, Norman, and Carter. Those voting no: none. Absent and not voting: Marcus. MOTION CARRIED MOVED by Mallea, SECONDED by Cowles that Bill No. 19 be passed and entitled Ordinance No. 1704. Roll call vote. Those voting yes: Mallea, Cowles, Raymond, Norman, and Carter. Those voting no: none. Absent and not voting: Marcus. MOTION CARRIED (SET PUBLIC CLEARING) The Mayor explained that it was necessary to set a Public Hearing for a vacation of an alley between Fillmore, Everett, 19th, and 20th. It was -then determined that the hearing would be scheduled for the 19th of August, 1985. (DEEDS AND EASEMENTS) The City Engineer, Mr. Redmond, presented the following needs and Easements for acceptance by the City Council. The first was an Easement that takes back right of way on the alley that was just vacated in Bill No. 16. This was to maintain the utilities that were in the alley behind the Hazelwood Townhouses. The Easement was signed by all of the property owners involved. There was a Deed from Gary Lasher for the pump station at Georgia and Cherry as well as a Warranty Deed from Bonifacio and Gloria Sanchez for the house the City purchased on Paynter Street. ThP third Deed was from Danny and Bev Hartwig on Chicago for the ultimate widening of Chicago. The City was nicking up property in the area as building permits Come in. !Ir. Redmond recommended that the Deeds and Easements be accpted by the City Council. MOVED by Mallea, SECONDED by Norman to accept the needs and Easements as presented by the City Engineer and the City Clerk be instructed to have the same recorded. MOTIO14 CARRIED (APPOINT GOLF BOARD FINANCE COMMITTEE) The Mayor informed the City Council that he would like to appoint a Golf Board Finance Committee consisting of Laura Gamboa, Donna Talley, Scott Holloway, and Bill Norman as Council liaison. (COMMITTEE REPORTS) Councilwoman Mallea informed the City Council members that Councilwoman Marcus called in ill just before the meeting tonight. Book 26 Page 141 Councilwoman Mallaa further i"ported that she attended the Library Board Meeting. Their budget was prepared and they were planning to apply for numerous grants. The Library was running very well. Also, at the request of the Finance Department, Councilwoman Mallea stated that she would like to bring to a vote with regard to the 7-K exemption of the Fair Labor Standards Act. This would begin on September lst and would establish that overtime would not be paid to the firemen until a maximum of 212 hours were worked and the police wlould have to work a maximum of 171 hours in a 28 day period. MOVED by Mallea, SECONDED by Cowles that the City exercise its option of placing the Fire Department and Police Department under the 7-K exemption of the Fair Labor Standards Act to establish a 28 day work period and the compliance is to begin 9/1/85. MOTION CARRIED Councilman Carter said that the Airport Sub-Committee met to discuss the updating of the Airport Master Plan and the Consulting Engineer informed them. that this should be finalize-3 soon after the public hearing was hold. They were trying to hurry up the process used in obtaining the appraisals, Councilman Norman infwmed the Council that he met with the Golf Board and everything was going well. He appreciated the efforts made to keep the courses in good shape. The Finance Committee was meeting constantly, but there was one point of contention regarding the idea of a computer that needed to be resolved. A report was given to each member of the Council for their study explaining some of the positives of this particular request. The savings would be considerable. Since becoming involved with Nampa, the City of Caldwell has spent $154,000 to Nampa. Although they have been cooperative and it has gone reasonably well, Caldwell has not been able to get all of the information needed. If the City of Caldwell took the same amount of money that was paid to Nampa yearly, the City could purchase their own computer in little less than forty-eight months, pay for all of the maintenance, and also the updating on the programs. The importance of it was the amount of information that the City could have available, the upgrading of the Police Department records, it would decrease the cost on personnel because of time saved in the billing process, and the Finance Department would have records that are not available at this time. There would be a definite decrease in handwork that has to be done at the present time. Councilman \or� then requested teat Ron Redmond, the City Engineer, speak to the Council as to how it would be an advantage to his Department. After Mr. Redmond's comments, the Police Chief addressed the Cou with regard to his Department explaining the benefits it would bring to them. Donna Talley of the Finance Department also spoke in favor of the new system. MOVED by Norman, SECONDED by Cowles that this project be entered into the 1985-86 budget and be authorized to be purchased at the beginning of the year, October !St. Councilwoman Mallea stated that she would like to make some comments at this time. She said that she would like to know why it was not an Agenda item as it was obviously not a last moment affair, it gave the people who were opposed no opportunity to bring either witnesses or material. She felt this was unfair as she did oppose the project and it was a very poor way to conduct the City's business. To bring it up under Committee Reports was not in the best interest of open government. She said that the impact of this budget in a harp: budget year was unseemly as she felt progra=ms were available, The Engineering Department bought a $8,000 computer and this year $1,500 was being paid for programs. To sit at the machine and type in the material is not the point; the point is the cost of the programs. The programs Book 26 Page 142 are available at Nampa and from her information from that source, it is lack of interest on the part of Caldwell- and not Nampa_ The problems are not going to go away with the purchase of a new commuter_. Further questions were directed to the Finance Director by members of the City Council. Councilman Raymond informed other members of the Council that he was in support of the concept, but he had one problem with the motion as made by Councilman Norman. This was when he said the purchase would be made on the lst of October; he was agreeable to put the commuter in the budget, but he did riot believe they needed to be in that big of a hurry. Councilman Norman said that the only reason it was in the motion was that it was the first of the year and if they could get it set up, a .lot of time would not to be spent working over changes in the middle of the year or late in the year. Councilman Raymond did not think it should be part of the motion. Councilman Norman stated that he would agree with this change; that a date of purchase riot be specified. The mayor then stated that the motion would be that the computer as specified be entered into the budget for the 1985 -86 year. Councilman Norman also explained that the percentage of usage would be pro -rated out among the enterprise funds. Each Department would be paying for their_ share. The Mayor then requested a vote on the motion as stated. P4OTION CARRIED Councilwoman Mallea requested that her negative vote be made a part of the record. Councilman Norman further commented that they were now ready to complete the budget and that the Tentative Budget would be presented at the next Monday's meeting. Councilman Raymond reported that the Committee appointed several weeks ago to give: some study to the Irrigation system in the City had a meeting recently and there seemed to be several schools of thought. Discussed was whether an attempt should be made to see if the people would support a bond issue on a City wide basis or whether the discussion and activity should be limited to the Caldwell Municipal. Irrigat=ion System. If the questionnaire or complaints mean anything, lie felt it was a City wide problem and would therefore, prefer going City wide. The Committee did not determine an answer to the problem, but it was felt that some kind of a decision would have to be made. The Mayor stated that he did not believe that a City wide bond issue would pass. If. this was attempted and it failed, there would be no way to proceed from there. The problem was extremely serious and it was going to get worse. Irrigation rates would have to be increased in the Municipal system just to keep the system going now. The mayor further said that he was more inclined to support an G.I.D. to take a section at a time in the Municipal system and put in the pressurized irrigation. For the Council, to give some direction to the City Engineer and to the Finance Committee was necessary at this time. Councilwoman Mallea stated that it was nice to consider going City wide, but the City does not own these systems and therefore, had no influence. Fier feeling was that it was not possible to pass two elections; a bond issue an:l a L.I.D. The City would be lucky to pass one of them. She would like to meet with the people involved, but she would not support a City wide program. Councilwoman; Mallea further stated that she would support an L.I.D. in a particular area and would suggest dividing the City system in five harts with the hope of securing voluntary L.I.D.s. Book 26 Page 143 There was a great deal of discussion among the City Council members. Tlhe Mayor said that be would like for the Council to vote as to whether or not putting in the pressurized system would be confined to the Municipal System. it was then MOVED by Norman, SECONDED by Mallea that the initial planning would be towards improving the Caldwell Municipal Irrigation District with an L.I.D. Roll call vote. Those voting yes: Dorman and Mallea. Those voting no: Carter, Cowles, and Raymond. Absent and not voting: Marcus. mo , riON DENIED mOVED by -Raymond, SECONDED by Cowles that the City go ahead and budget for Caldwell Municipal District with the anticipated repair as much as possible and that an advisory vote be on the ballot this November to see if the people would support a bond issue to cure the financial situation in Caldwell regarding irrigation. Roll call vote: Those voting yes: Raymond and Cowles, Those voting no: Norman, Carter, and Hal ea. Absent and not voting: Marcus. MOTION DENIED Tice Mayor stated that since both motions were denied, the City Council would have to budget for replacing five percent of the system and increasing the rates and keep going on for a number of years and then start over again. MOVED by Raymond, SECONDED by Cowles that there be a bond issue for City wide irrigation construction on the November 'ballot. The City Engineer was recognized and stated that the November might be too soon to get all the information together. There would have to be a refined cost estimate, there could be legal ramifications in combining the districts, and he did not think enough information could be given to the public by November. Perhaps a Special Election could be held at the first of the year. This would give enough time to take care of these possible problems. Councilman Raymond then stated that he would withdraw his motion with approval of the Second. Council-man Cowles gave his approval for this motion to be withdrawn. MOVED by Raymond, SECONDED by Cowles that the City proceed to investigate and that another proposal from the Mayor be considered and placed on the Agenda for the next Regular City Council Meeting. MOTION CARRIED Councilman Raymond also reminded the Council members of the Rodeo breakfast on Saturday, at the City Park at 7:00 a. Councilman Raymond also stated that he had one other item he was requested to bring before the Council. Some months back the Council designated a street that was generated through the freeway system being completed be named Huckleberry Lane. There was a businessman in the area who has found no .ray to relate this name to his business. He would MOVE, and it was SECONDED by Cowles that the era e of Huckleberry Lane be changed to Frontage Road. Councilwo.man mallea pointed out that this Lane was named by a group of students at the request of the Council. The Mayor said that he felt it was done more in fun and was sure they would understand the change. Book 26 Page 144 Roll call vote: Those v0ting yes: Raymond, Norman, and Carter Those voting no: Mallea and Cowles. MOTION CARRIED Councilman Cowles stated that he would MOVE that the name Frontage road be rejected and name it Commerce Boulevard. The moL died from a Lack of a second. Councilman Carter stated that he would like to MOVE and it was SECONDED by Cowles that: the City Council convene into an Executive Session pursuant to the Idaho State Code, Section 67 -2343 at the close of the Regular Meeting to discuss personnel. Roll call vote. 'Those voting yes: Carter, Mal_lea, Cowles, Raymond, arid Norman. Those voting no: none. Absent and not voting: ,Marcus. MOTION CARRIED (MAYOR'S COMMENTS) The Mayor stated that he had one beer and liquor license transfer request. The letter from the Police Chief was as follows: John S. Birmingham and Terry M. Barney, 1317 North 59th, Nampa, Idaho, have no criminal. record to preclude the issuance of a transfer of Liquor and Deer License from Fl Nido to Peter Dragon's located at 3719 Cleveland blvd., Caldwell, Idaho. MOVED by Raymond, SECONDED by Cowles that approval be given for the beer and liquor license transfer. MOTION CARRIED The Mayor informed the City Council that he met last Friday with the Chamber Director and a local member of the Wally Byam group who were planning a rally next June in Caldwell.. Between 700 and 300 owners of Airstream trailers will attend the week long event. The Mayor was hopeful that a number of special events could be scheduled during that time including a fish derby, softball games, the Vaudeville Show and etc. There being no further business, the Regular City Council Meeting was adjourned and the Council convened into an Executive Session which was adjourned at 10:30 p.m. APPROVED AS written THIS 19 th DAY OF August Mayor Cou_icilperson Counciloerson )uncilp /¢. o �i /� Coa�leil L n our3ciloei /�ounc'il 'i '�"A" TTEST: city Cie