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HomeMy WebLinkAbout1990-08-20city council minutesook 31 REGULAR MEETING August 20, 1990 7 :30 p.m. '_'age 145 The Meeting was called to order by the Mayor Pro Tem Raymond. The Mayor Pro Tem requested that everyone stand for the Pledge of Allegiance to the Flag. The Roll of the City Council was called with the following members present: Raymond, Valdez, Nancolas, and Houchins. Absent: Murdoch and Jarboe. Mayor Pro Tem explained that the Mayor and the two Councilmen were out of town at this time. He further stated that a quorum was present since the Council President was allowed to vote while conducting the meeting in the Mayor's absence. (ADDITIONS TO THE AGENDA) No additions to the Agenda were requested. (AUDIENCE PARTICIPATION) As there was no one from the audience who cared to address the City Council on any item not: included on the prepared Agenda, the Mayor Pro Tem declared that the meeting would continue as outlined. CONSENT CALENDAR The following items on the Consent: Calendar were presented to the City Council by the Mayor Pro Tem: 1. Dispense with the reading of the minutes of the Regular City Council Meeting of August 6, 1990, and approve them as written; 2. Accept and approve the minutes of the Caldwell Golf Board Meeting of August 9, 1990, the minutes of the Caldwell Airport Commission Meeting of August 2, 1990, the minutes of the Canyon County Crime Coalition of July 30, 1990, and the minutes of the Historic Preservation Commission Meeting of August 2, 1990; 3. Establish a Special Meeting on August 27, 1990, to formally adopt the tentative budget and set the Public Hearing on the budget for September 4, 1990; 4. Pass the following Resolution authorizing the execution of a Hangar Lease Agreement between the City of Caldwell and Drake Mechanical; RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A HANGAR LEASE AGREEMENT BETWEEN THE CITY OF CALDWELL AND DRAKE MECHANICAL. BE IT RESOLVED That the Mayor and City Clerk of the City of Caldwell, be and the same hereby are, authorized to execute that certain Hangar Lease Agreement attached hereto and made a part hereof as if set forth in full by and between the City of Caldwell and Drake Mechanical. MOVED by Houchins, SECONDED by Nancolas to approve the Consent Calendar as presented. Roll call vote. Those voting yes: Houchins, Raymond, Valdez, and Nancolas. Those voting no: none. Absent and not voting: Murdoch and Jarboe. MOTION CARRIED OLD BUSINESS (REPORT ON ALLEGED ZONING VIOLATION - ERSKINE) Book 31 Page 146 The memo prepared by the Planning and Zoning Director as a report to the City Council on this item was as follows: At the City Council meeting of August 6, 1990, the Council considered the above referenced item and directed Staff to meet with the owner of the property to assess the extent of material being stored on the site. Staff did meet with the owner and based on that meeting would recommend the following: FENCING: The existing wood fencing should be removed and relocated to comply with the 20 foot setback requirement. A time frame ow 30 to 60 days appears reasonable to complete this task with City assistance if so directed by Council. Also, it should be noted that the existing chain link fence, because of its classification as a vision fence and it's lower height, does not represent a violation. 2. GRAZING; Staff suggests that the Council establish the level of farm animals permitted to graze on the property. Three (3) adult animals plus off-spring, appears to be a reasonable number with stipulations that off - spring he kept on the premises no longer than 5 months. 3. MATERIAYS STORAGE: A significant percentage of the materials stored on the site qualifies for removal. Staff would recommend that a period of nine ( 9 ) months to one ( 1 ) year be given to complete the clean up process. Addi.tional?y, it is recommended that the owner be directed to make significant progress in correcting the matter within - the first six months and that an interim report be brought back to the City Council at that time. Councilman Nancolas was recognized and stated that it was impossible to make both sides happy in a situation of this kind. Since fall was rapidly approaching, the weather would have to be taken into consideration. It was his suggestion that the fencing be done within the first thirty days with the City's assistance. The fence at this time was a dangerous situation. To move the fence back twenty feet would also force the first twenty feet to be cleaned up promptly. With regard to material storage, Councilman Nancolas stated that he would 1 ike to see the time frame at nine months with a progress report at four months. He did not see how any cleaning up could be done past that tame because of winter weather. If' things were getting done promptly the first four months and progress being made, the additional five months would be granted carrying Mr. Erskine into the spring weather. With regard to the animals, he suggested six months as the young animals needed to achieve ninety to one hundred pounds before marketable. MONIED by Nancolas, SECONDED by Valdez that with regard to the Erkine property, the City Council direct Mr. Erskine to have the fencing violation taken care of in the first thirty days with tine City's assistance; a maximum of three adult animals p_. us offspring and allowing a six month time period to sell the offspring; a nine month period allowed to clean up material with. a four month interim report to the Planning and Zoning Director and if significant progress is shown, then a five month grace period will be granted beyond that; if not, the City will force the clean up at the close of the four months. MOTION CARRIED NEW BUSINESS (CONSIDERATION OF BILL NO. 31 TO AMEND TI?E CODE PERTAINING TO THE ORGANIZATION AND MEMBERSHIP OF THE PLANNING AND ZONING COMMISSION) Councilman Nancolas reported that this particular proposal was prepared by the Planning and Zoning Director and the Planning and Zoning Commission. The purpose was to try to Book 31 Page 147 better serve the community and to be more efficient. The Commission discussed this issue extensively and he would certainly recommend it's passage. The Planning and Zoning Director .further stated that the recommended changes included Commission membership, alternate concept; regular meetings; special meeting, voting membership and constituting a quorum, and the alternate member procedure. The Commissioners all participated in this re- evaluation and supported the changes to the organization. They were hopeful that the changes would enhance their ability to better serve the community and an improved level of service to the public. The Mayor Pro Tem read Bill No. 31 by title only as follows: AN ORDINANCE TO AMEND TITLE I:I, CHAPTER 2, SECTION 1A OF THE MUNICIPAL CODE OF THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO, PERTAINING TO PLANNING AND ZONING COMMISSION MEMBERSHIP:; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS AND PARTS THEREOF IN CONFLICT HEREWITH. The Planning and Zoning Director explained that within the body of the Bill, the major change states, "At least one member shall be from the area of City impact and at least one member shall be considered an alternate member. " It also states that in addition to the voting members, two members of the City Council shall be appointed by the Mayor as ex- officio members of the Commission. The more specific details such as meetings, meeting organization, roles and duties of the alternate is contained in the Resolution adopting the Rules and Bylaws of the Commission. This was the next item on the Agenda. It was then MOVED by Houchins, SECONDED by Nancolas that this be considered the first reading of Bill No. 31. MOTION CARRIED (RESOLUTION TO MAKE CHANGES IN RULES AND BYLAWS OF THE PLANNING AND ZONING COMMISSION) Mr. Crooks, the Planning and Zoning Director, informed Council that in addition to amending the Municipal Code in order to achieve some of the reorganization objectives, the Rules and Bylaws for the Planning and Zoning Commission also needed to be amended. The process for this was by Resolution which was formulated by the Commission in work sessions. They took specific action on the Resolution at a Regular Meeting of the Commission and forwarded the recommendation of approval to the City Council. The Council does need to formally adopt in Resolution form the Rules and Bylaws for the Planning and Zoning Commission. The Director further said that briefly, this document talks about the new organization of an eight man body with an alternate member, setting meeting times both on the first and _ third Thursday of the month to beater serve the citizens of Caldwell and to promptly expedite the increased number of projects in the City. In addition, it talks about special meetings that can be called by the Commission and also a revised absentee policy in the event Commission members are absent from the meeting. Basically, this was the extent of the changes that are being proposed. The bulk of the document remains in it's present form as adopted by the Council a number of years ago. The Mayor Pro Tem asked Mr. Crooks; if it would be appropriate to pass the Resolution when the B3' 11 pertaining to this item was considered the first reading at this time. Mr. Crooks suggested that since the Bill was on it's first reading, the Council discuss the proposed Resolution and defer any final action until the next City Council Meeting. At that time, Book 3=, Paae W.. 1:3 the two items could be considered and finalized at the same time. The Mayor Pro Tem informed Council that he would read the Resolution and those sections underlined as suggested changes. A RESOLUTION OF THE CITY OF CALDWELL PLANNING AND ZONING COMMISSION ADOPTING RULES AND BYLAWS FOR THE ORGANIZATION, CONDUCT OF MEETINGS AND PROCEDURES GOVERNING BUSINESS: RULES AND BYLAWS OF THE CITY OF CALDWELL PLANNING AND ZONING COMMISSION Article 1: Organization, Officers and. Elections Section 1: The Commission shall consist of seven (7) members and one (1) alternate to include one (1) member from the area of impact. The members and alternates shall be appointed by the Mayor and confirmed by a majority vote of the City Council. Appointments shall be for a term of three (3) years, expiring on the day prior to the °irst regular January meeting. Apppointments of members and alternates to subsequent terms shall be at the sole discretion of the Mayor, subject to confirmation by the City Council. Article 3: Meetings Section 1: Regular Meetings shall 'be scheduled on the first and third Thursday of each month at 7:00 p.m. in the Council Chambers at City Hall, Caldwell, Idaho. The primary Regular Meeting shall be on the third Thursday of the month;: the supplemental Regular Meeting shall be on the first Thursday of the month as needed. Variations from this schedule will be by majority consent of the vo -ing members present at any Commission Meeting. Section 2: Special Meetings of the Commission may be called by the Chairman of the Commission or by at least -our (4) members of the Commission whenever they deem necessary. Written notice of all such Special Meetings, including the time,, date, and purpose of said meetings, shall be provided to all members and the alternate at their place of business or last known home address at least twenty -four (24) hours prior to the time for convening the meelting; pro - ,Tided that written notice of said Specia! Meeting may be waived by any member attending the Special. Meeting, duly entered in the minutes of said meeting. Business to be conducted at Special Meetings shall be in compliance with publication requirements and other requirements of the law. Section 4: Any member who is absent from sic (6) '.egular Meetings in a calendar year will be notified by letter that the absence limit has been reached. If the member is subsequently absent from a seventh Regular Meeting in that calendar year, the absence record will be forwarded to the Mayor for action. Failure to meet attendance requirements for Regular Meetings shall be sufficient grounds for removal from the Commission by action of the City Council. Members may request a leave of absence for periods of two (2) months to one (1) year and upon favorable recommendation by the Commission and approval of the City Council. Each leave may be obtained with no adverse impact upon the members absence record. Article 4. Section 3. A maierity of - the total voting membership of the Commission (4 voting members) shall constitute a quorum for the purpose of doing business. When Book 31 Page 149 functioning as a voting member, in accordance with Article 4, Section 6, the alternate member shall be counted to constitute a quorum of four. A vote of the majority of a quorum shall be sufficient for final Commission action. Any member present but not voting due to a conflict of interest, shall nevertheless be counted for purpose of constituting a quorum. Section 6. The alternate member of the Commission shall attend all meetings of the Commission and may actively participate in all discussion on any matter before the Commission. The alternate member shall have full voting privileges whenever a regular member is absent or unable to act due to a conflict of interest and shall be so notified by the Chairman or other officer presiding at the meeting. The Mayor Pro Tem stated that Bill. No. 31 and this Resolution will be considered and action taken at the next Regular City Council Meeting when the full City Council was in attendance. (MEMO REGARDING ESTABLISHING A PUBLIC HEARING ON SEPTEMBER 4TH TO CONSIDER COMPREHENSIVE PLAN CHANGES) The Planning and Zoning Director, Mr. Crooks, explained that in January of this year, the City Council established a Policy for reviewing proposed changes to the City's Comprehensive Plan. Adopted was a Policy to review them at two specific times during the calendar year as a means to comply with State law and to better serve some of the requests coming to the City. Two months out of the year were set aside; one being September and the other was March. There was now a number of items considered by the Commission and brought to the Council with specific recommendations. Mr. Crooks further stated that there was six of these items and with the consent of the City Council, he would like to have the hearings scheduled for the September 4th meeting. The Mayor Pro Tem read the following list of amendments to the Comprehensive Plan to be scheduled for public hearing before the City Council on September 4th: 1. Comprehensive Plan amendment from Low Density Residential to High Density Residential on property located at the southwest corner of Logan Street and Kimball Avenue. Christopher M. Card and Marva Don Card, applicant. 2. Comprehensive Plan amendment from Medium Density Residential to General Commercial on property located on the east side of First Avenue between Galveston Street and Frontage Road. Howard Olson, applicant. 3_ Comprehensive Plan amendment from High Density Residential to General Commercial on property located on the northwest corner of 9th Avenue and Belmont Street. Jan Vinson, applicant. 4. Comprehensive Plan amendment from Low Density Residential to Medium and Haigh Density Residential on property located in an area bounded by Sunset Avenue on the east, Farmway Road on the west, Laurel Street on the north and Woodlawn Drive on the south. City of Caldwell, applicant. 5. Comprehensive Plan amendment from Industrial to General Commercial on property located between Franklin Road on the north, Commercial Way on the west and south and Highway I -84 on the east. City of Caldwell, applicant. 6. Comprehensive Plan amendment from Medium Density Residential to High Density Residential on property located in an area bounded by West Plymouth Street on the east and north, Boise Avenue on the south and the Boise River on the west. City of Caldwell, applicant. The Mayor Pro Tem stated that the Public Hearings on the proposed Comprehensive Plan changes as presented will be scheduled for the Regular City Council Meeting of September Book 31 4, 1990. (FAIR BUILDING LEASE) Page 150 The Mayor Pro Tem stated that the City Council received a memo with regard to this item and were well informed as to the circumstances involved. The memo was as follows: One year ago, the City decided to undertake the leasing of the Canyon County Fair Building from the Fair Board. Tha City's thoughts were - that they could then control the whole Events Center Complex allowing better promotional and rental control. The City agreed to pay $800 a month in the lopes they could earn that amount back. Since then, the City has run into some major problems. The building is in need of some major maintenance and code requirement changes. The City's insurance company has advised that without these changes, the City should not be involved in the facility. Since the repairs will cost a significant amount, it is felt that the building should be returned to the Fair Board. The recommendation was for Council to give a 30 day notice, as required in the lease, to terminate the lease. Councilman Houchins further commented that under the present circumstances, the lease calls for the, County to bring the building up to certain specifications. There is quite a bit of work that needs to be done to accomplish this. All indications are that this would not get done and he could not see the City assuming the cost at this time. MOVED by 1Souchins, SECONDED by Valdez that the City give a thirty day written notice - to the Canyon County Fair Board that the City was going to cancel the lease with them on the Fair Building. (APPEARANCE OF EVERETT EVANS) MOTION CARRIED Mayor Pro Tem Raymond :recognized Mr. Everett Evans, who requested to speak to the City Council at this time. Mr. Evans explained that for over two years, he has been trying to get something done with regard to the golf ball problem at his properi -y. He stated that he wrote to the Members of the City Council and has not heard from them. At this time, he wanted to hear their response to his complaint. The Mayor Pro Tem stated that he felt the City has tried to alleviate the problem. Trees were planted, a screening was put up and although this has not solved the problem completely, there was not much more the City could do to help him. Mr. Evans discussed this issue at some length and Council Members asked him several questions. Councilman Nancolas informed Mr. Evans that he did go down and look at the area.. After further comments, the Mayor Pro Tem informed Mr. Evans that he would ask a member of the Golf Staff_ to review one more time the placement of the fence and the trees and submit a written report to the City Council. A copy of the report would be sent to Mr. Evans. {FINANCIAL REPORT) Councilman Nancolas reported that there was accounts payable in the amount of $570,804.36 and. a payroll in the amount of $295,630.00 for the period ending August 16, 1990. MOVED by Nancolas, SECONDED by Houchins that the accounts payable in the amount of $570,804.36 and a payroll in the amount of $295,630.00 be accepted, the bills paid, and the Book 31 Page 151 vouchers filed in the Office of the City Clerk. MOTION CARRIED (COMMITTEE REPORTS) Councilman Valdez reported that he attended the Senior Citizen's Meeting that morning and all seemed to be under control. They were concerned about painting the outside of the building and expressed some concern about the sprinklers that were not working correctly. They also had some questions with regard to their budget and what help was available to them from the City. Councilman Nancolas reminded everyone that the Tentative Budget was due to be adopted at a Special Meeting on August 27th. September 4th was the date established for the public hearing on the budget_ The Mayor Pro Tem commented that after the Tentative Budget was adopted, adjustments can be made but it would have to be lower and not higher. (MAYOR'S COMMENTS) The Mayor Pro Tem reminded Council of an A.I.C. Meeting in Nampa on the 23rd of August. He also stated that he attended the Chamber Noon Break. The Chief of Police was the speaker along with Councilman Jarboe. They were well received. He then asked John Pilote to report briefly on the Caldwell Night Rodeo. Mr. Pilote stated that it was a little earlier to report on - how they did financially. He did., however, believe that it was a successful Rodeo and thanked the City for their help and support. There being no further business, the Meeting was adjourned at 8:15 p.m. APPROVED AS written THIS 4th DAY OF Sept. 1990. Mayor Cou lma Council IT Coun �m n / / Councilman Counci m n Councilman ATTEST: - � � d City Cle