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HomeMy WebLinkAbout1975-09-23city council minutesBoob. 16 Page 192 SPECIAL MEETING September 23, 1975 7:30 P.M. The meeting was called to order by Mayor Pasley. The roll of the Council was called with the following members presents Gamboa, Dakan; Carter, McCluskey, Williams, and Banks. Absent: none. The Mayor welcomed all who were in attendance at the meeting and explained that the meeting was to be in two parts. The first part would be a Public Bearing on the proposed zoning change for the Senior Citizen's Center. The Affidavit of publication regarding th6 "Public Hearing was presented and explained- that'it -was published on the 30th of August and the 6th of September. The Mayor further explained that the hearing was to make a decision on a change in the zoning ordinance only. The Mayor pointed out-to-the audience the different zones in the City of Caldwell on a map displayed on the wall of the Council room. The result of this change in the zoning code would permit the City to build a Senior Citizen's Center'�somewhere in the "AB" Residential Zone. The second part'of the meeting would be devoted to discussion in regard to the location of the Senior Citizen's Center. (PUBLIC HEARING ON ZONE CHANGE FOR SENIOR CITIZEN'S CENTER - ORD. 1363) The•Mayor called on the City Attorney, Mr. Tunnicliff; to conduct the Public Hearing regarding the change in the zoning code for the Senior Citizen's Center. The City Attorney explained that_he was there to represent all agencies of the City and had one iritere - st which was that. the City follow the correct ,procedures. When the City began to make plans for the Senior Center, the City Attorney in reading the City; Code saw . that there would have to be a change in the zoning, code to make it possible for the Center,to be built in the "AB" Residential Zone,. The.City.Attorney _ read_the different facilities that were provided for in the City Code, but a Senior was not one of those in the classified section. This change in the. City.Code would have to be made, before; the Center could be built in any of the areas being considered. The City Attorney then declared the Public Hearing to be opened and requested that any remarks made at this time be regarding the amendment of Section 6 -3 -2 of the Municipal Code of the City of Caldwell. Mr. Tunnicliff stated that there..was a letter from Don Tolley, Chairman of the Caldwell Planning Commission, which indicated that the Planning Commission had made the recommendation at their September 19th meeting that the Ordinance be changed to provide for a Senior Citizen Center to be built in "AB" Residential Section. They also recommended that a decision be made choosing one of the two locations to be discussed .later in the meeting. The Planning Commission was in favor of the construction of a Senior Citizen's Center. There was also a letter from Mary Faith Bollinger indicating that the Center should be built on the Jefferson Junior High Playfield. The City Attorney recognized Mr. Bob Carpenter who asked if the actual description of the Senior Citizen's Center was defined. The City Attorney ,stated that it.was not, and that those listed in the Code acw were very nond'escriptive. Art Honey was then recognized and asked if this Ordinance change would encompass housing or would itjust be the Center. The Attorney explained that this was only involving the Center. As there was no more comments, the City Attorney then declared the Public Hearing to be closed. Book 16 Page 193 The Mayor thanked the City Attorney for conducting the Public Hearing and then called on Councilwoman Williams to read the proposed Ordinance as follows: AN ORDINANCE TO AMEND TITLE 6, CHAPTER 3, SECTION 2(A), OF THE MUNICIPAL CODE OF THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO, BY ADDING SUBSECTION NO, 15 TO PROVIDE SENIOR CITIZENS CENTER AS A PERMITTED USE IN` " RESIDENCE ZONE; REPEALING ALL PROVISIONS AND SECTIONS INCONSISTENT THEREWITH; AND PROVIDING FOR THIS ORDINANCE TO TAKE EFFECT AFTER ITS PASSAGE, APPROVAL AND PUBLICATION ACCORDING TO LAW. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO: SECTION 1. That Section 6- 3 -2(A) of the Municipal Code of the City of Caldwell be amended to read as follows: 6 -3 -2: PERMITTED USES: In the 01 Residence Zone, no building or premises shall be used or occupied and no building hereafter be erected or structurally altered unless provided otherwise in this Chapter except for one or more of the following uses: (A) Classified: 1. 2. 3. 4. 5. 6 7. 8. 9. 10. 11. 12. 13. 14. 15. Dwellings- single, double and triple family units Lodging Houses Boarding Houses Apartment Houses not exceeding three (3) family units School, Public and Private Colleges - Libraries Museums Armories Courthouses Parks and Playgrounds Fire Stations built in residence style Farming Truck Gardening Senior Citizens Center (B) Retail Shops: Retail shops if built in a style conforming with their surroundings by special permit of the Board of Adjustment after a public hearing, and a showing that such action will not cause damage and will be in accord with the general purpose of this Title and provided that before a permit is issued by the.Board of Adjustment there shall be on file in the office of the Building Inspector, the written consent of the owners of seventy five percent (75 %) of the area of all the property within a radius of .three hundred feet (300`) of any part of the premises whereupon such retail shop is to be erected or occupied. (C) Church: By special permit of the Board of Adjustment. (D) Hospitals Philanthropic institutions, hospitals, profes- sional offices and sanitariums by special permit of the Board of Adjustment after a public hearing. (E) Private Garages - Isolated:. Private garages for use of occupants of buildings on the same premises; provided, that if built upon lots isolated or detached from the Book 16 Page 194 dwelling or apartment house special permission shall be secured from the Board of Adjustment after filing with the Board the consent of the owners of at least seventy -five percent (75 %) of the frontage of the property on both sides of the street on which such private garage is to be erected or maintained to the distance of one hundred feet (100') each way on both sides of the street of the proposed garage. (F) Storage: Storage for trucks, cars, building material, contractor's equipment and like material or equipment shall not be permitted within Zone "ABA' unless stored within a building; or if in actual use under the provisions of a building permit. (G) Advertising signs in the 11 AB." Zone: Advertising signs are allowed provided they are not over eight hundred sixty -four square inches (864 sq. in.) in area and not over four feet (4') from ground level to the top of the sign. Suxh signs must be at least ten feet (10') back from the front property line. No lighted signs are to be permitted. No variations are to be permitted from these specifications. One sign not exceeding eight square feet (8 sq. ft.) in area, pertaining to the Lease or sale of the building or premises on which the sign is located is permitted. Such signs shall not be over four feet (4') above grade line and shall be set back not less than two- thirds (2/3) of the distance from the front property line to the building line. (H) Motels, tourist courts, tourist homes, tr Uler courts or trailer parks: Motels, tourist courts, tourist homes, trailer courts, or trailer parks are not permitted in "AB" Zone except by a special permit of the Board of Adjustment after a public hearing, and a showing that such action will not cause damage and will be in accord with the general purpose of this Title and provided that before a permit is issued by the Board of Adjustment there shall be on file in the office of the "Building Inspector, the written consent of the owners of seventy -five percent (75 %) of the area of all the property within a radius of three hundred feet (300') of any part of the premises whereupon such accommodation is to be erected or occupied. (I) Dwelling or apartment houses containing four (4) or more family unitsi Dwelling or apartment houses with r:, (4) or more family units shall not be constructed in the 11 ABt 1 Residence Zone without special permit of the Board of Adjustment after a public hearing, with the further provision that before the issuance of said special permit and prior to the public hearing there shall be on file in the office of the Building Inspector the written consent of the persons owning sixty percent (60 %) of the area of all property within a radius of three hundred feet (300') of any part of the premises upon which said dwelling or apartment houses of more than three (3) family units is to be located, and such dwelling or apartment houses shall provide not less than six hundred (600) square feet of living space for each family unit. (J) Limitation of height of dwelling or apartment houses containing three (3) or less family units shall not exceed two (2) stories in height. Book 16 Page 195 Section 2 All ordinances or parts or 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 Williams stated that she would sponsor this ordinance. It was then MOVED by Williams, SECONDED by McCluskey to suspend the rule requiring the reading of a bill three separate days and that Bill No. 16 be read the second time by title and the third time in full, section by section. The Mayor recognized Mr. Don Tolley who stated that he felt the Senior Citizens Center should be defined in the Ordinance. The Mayor explained to Mr. Tolley that weather wise it was very important to resolve the problems so the architects can get bids out for the Center so that the building can be started before the weather becomes bad. Councilman Gmboa pointed out that the rest of the listings in the Ordinance were not defined. It was also pointed out by Councilman Banks that the plans and a picture of the Center were available and that should be enough of a description. The Mayor reminded the Council that there was a motion before the house and then called for a roll call vote. Those voting yes: Williams, Banks, Gamboa, Dakan; Carter," and McCluskey. Those voting no: none. Absent and not voting none. MOTION CARRIED The Mayor directed the Clerk to read the Bill the second time by title and the third time in full. MOVED by Williams, SECONDED By McCluskey that Bill No. 16 be passed and entitled Ordinance No. 1363. The Mayor called for a roll call vote. Those voting yes: Williams, Banks, Gamboa, Dakan, Carter, and McCluskey. Those voting no: none. Absent and not voting: none. MOTION CARRIED (CATERING PERMIT - EL KORAN) The Mayor stated that before,: continuing the Meeting, Councilman Dakan .asked if he could make a request to the Council. Councilman-Dakan was recognized by the Mayor and explained that there was to be a golf tournament in Caldwell sponsored by the El Korah Shrine from Boise and they needed permission for a catering permit for use,this weekend. MOVED by Dakan, SECONDED by Gamboa that this catering permit be granted for the E:1<Korah Shrine. MOTION CARRIED (DISCUSSION ON I,O.CATION `OF :SENIOR CITIZENS CENTER) The Mayor read two letters to initiate the discussion regarding the location of.the Senior Citizens Center. The first letter was from Don Tolley, Chairman of the Planning Commission, which stated that-the :Planning.:Commission was opposed to the present proposed Senior Citizens Center site located on the old Jefferson Junior High.Playround... The Planning Commission made the motion at their meeting..on.September 19th, that they favored Plan Four as suggested by Alpha Engineers. Plan Four was to locate the Book 16 Page 196 building:on the-Northeast sIde Everett Street adjacent to the Employment Office facing Everett Street and directly back of the Library. This motion was carried at the Planning Commission Meeting. A letter was also read by the Mayor from Mary Faith Bollinger congratulating the Mayor and City Council on their decision to build a Senior Citizens Center and for the site that was chosen. The Mayor then called on Councilman McCluskey to initiate the discussion. Councilman McCluskey explained again how the Grant was received and how time became a very important item in making the plans so- theeGrant could be secured for the Center..', - that everything was done legally and the Council had no idea so much dissention would occur. Councilman McCluskey presented to the Council and the audience a drawing made by Alpha Engineers giving four phases or ways that:t:he plans for the Senior Citizens Center could fit on the ground behind the new Library that was being 'constructed at the time. He .alsorsta.ted��that•he felt that Phase Four presented was the' most logical. Councilman pointed out that some of the disadvantages were tha_ it would require -about $700 more, it would be difficult to expand the building, the architectural design was not compatible to the new Library, and there would be a problem wi =th the slope:' He�also explained advantages as it:being a compromise situation, Frank Payne of the Library Board felt it was an excellent idea, there would be more security as there would be more lighting, there could be a parking area in conjunction with the Library, and it would save the playground that was already in existence. Mr. George Tavares was recognized as Chairman of the Parks and Recreation Commission, and stated that the commission was not -In favor..of they Center •being built on' the Jefferson Junior High playfield as this was utilized all:year long by all ages of people. They further requested that this field be left intact-and-that no major building of 'any kind be built on this field., Mrs. Agnes Howard was recognized and complimented Councilman McCluskey on his presentation and stated that this was the way a democracy was supposed to work; that a compromise was made. Mr. Clarence Jenkins, •President of the American Association of Retired People was recognized and expressed their appreciation of all that was being done to make possible the building of a Senior Citizens Center and that they did approve of the site being behind the new Library. The question was asked as to where $700 would come from. The Mayor stated that this would have to be budgeted for at the .time of! next year's . budgeting. Alpha;- Engineers informed the Council that they would not present the bi- ll-for this additional $700 until then. Much discussion was held concerning this problem both from the Council and from the audience giving both pro and con statements. ; The: Mayor then reminded the Council that on July 15th, they to have the Senator Citizens Center constructed on the-old Jefferson High School play The Mayor stated that if there was no more discussion in regard to the site, and if:•it; -was agreeable to everyone involved, the;Council would now have an opportunity to make a•motion and vote to consider relocation for Senior Citizens Center. Book 16 Page 197 Councilwoman Williams said that she had no objection to the compromise, but did feel that the picking of the Phase should not be done as yet. She felt that more time was needed for the Council to consider these. MOVED by McCluskey, SECONDED by Banks that the site of the old Jefferson Junior High School playfield for the new Senior Citizens Center that was approved on July 15th be changed to the area between Everett and the new Library. The Mayor called for a roll call vote. Those voting yes: McCluskey, Williams, Banks, Gamboa, Dakan, and Carter. Those voting no: none. Absent and not voting: none. MOTION CARRIED The Mayor then stated that Alpha Engineers would be contacted so they can get bids out so construction could begin as soon as possible. It was suggested that Mr. Neumeister and Mr. Jenkins be contacted for opinions to assist the City Council in the decision as to which Phase would be the most satisfactory for the Senior Citizens Center. There being no further business, the meeting was adjourned at 8:45. APPROVED AS written THIS 7th DAY OF October , 1975, -A - Mayor ,Councilman - y Councilman ATTEST: City Clerkk"