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HomeMy WebLinkAbout1984-10-02city council minutesBook 25 REGULAR MEETING October 2, 1984 7:30 p.m. The Meeting was called to order by Mayor Mccluskey. Page 221 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, and Raymond. Absent: Norman. (APPROVAL OF MINUTES) MOVED by Cowles, SECONDED by Carter to dispense with the reading of the minutes of the Regular City Council Meeting of September 18, 1984, and the Regular City Council Meeting of September 24, 1984, and approve them as written. MOTION CARRIED (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. OLD BUSINESS (ADOPT FINDINGS OF FACT AND CONCLUSIONS OF LAW ON SPECIAL USE PERMIT FOR 16TH AND CLEVELAND) The Mayor stated that the first order under Old Business was consideration with regard to the adoption of the Findings of Fact and Conclusions of Law on the special use permit for 16th and Cleveland. All members of the City Council received copies of this document and the Mayor said that he would read the Findings of Fact and Conclusions of Law as follows: FINDINGS OF FACT 1. The City of Caldwell adopted its comprehensive Plan in March of 1977 and its Zoning Ordinance in December of 1977, Those ordinances, as amended, are still in effect. 2. The Zoning Ordinance in Title 6, Chapter 2, Section 1, provides for the issuance of a special use permit for a land use classification called "public, semi - public ". 3. A special use is defined in Title 6, Chapter 5, Section 4, as 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. 4. In Title 6, Chapter 4, Section 4(a), the Caldwell Zoning Ordinance states, "Every use which requires the granting of a special permit is declared to possess characteristics such as to require review and appraisal by the Commission to determine whether or not the use would cause any damage, hazard, nuisance or other detriment to persons or property in the vicinity. The Commission may require higher standards of site development then listed specifically in this Title in order to correlate the proposed use to other property and uses." Book 25 Page 222 5. Burns Financial, Inc., applied for a special use permit on April 13, 1984, under the classification "public, semi- public" encompassing tenants including educational organizations and religious groups. 6. Burns Financial, Inc., made application for a special use permit on the property lcoated at 1520 Cleveland Blvd. more specifically described as Got 2 and the Northeasterly 18 feet of Lot 3, Block 21, Washington Heights, Steunenberg and Hands Addition to Caldwell, Idaho. 7. The subject property is zoned R -2 medium density residential. 8. "Public, semi - public" is a special use allowed in the R -2 zone. 9. Legal requirements of publication and notice were met and a public hearing in front of the Caldwell Planning and Zoning Commission was held May 17, 1984. 10. The Planning and Zoning Commission issued a decision on July 19, 1984, granting the special use permit. 11. An appeal was filed May 21, 1984, by Birnbaums, Gigrays and Passmores. 1.2. A public hearing after proper notice and publication was held by the City Council on July 3, 1984. 13. Findings of Fact and Conclusions of Law were issued by the Caldwell City Council on July 10, 1984, remanding the special use permit back to the Planning and Zoning Commission for the issuance by the Planning and Zoning Commission of Findings of Fact and Conclusions of Law. The Council's Findings of Fact and Conclusions of Law are attached hereto and incorporated herein by this reference as Exhibit "A 11 . 14. The Planning and Zoning Commission then issued Findings of Fact and Conclusions of Law on August 16, 1984. Said Findings of Fact and Conclusions of Law of the Planning and Zoning Commission are attached hereto and incorporated herein by this reference as Exhibit 15. A public hearing after proper notice and publication was held by the Caldwell City Council to take additional testimony on the Planning and Zoning Commission's Findings of Fact and Conclusions of Law on September 18, 1984. 16. On September 1.8, 1984, the City Council tabled the application until October 2, 1984, for the issuance of a written decision based upon Findings of Fact and Conclusions of Law. 17. The testimony presented to the City Council at both the July 3 and September 18, 1984 public hearings establishes that the development of the Applicant's property with a "public, semi- public" use could cause damage, hazard, nuisance or other detriment to persons or property in the Vicinity. 18. The testimony presented by the Appellants or those speaking in favor of the Appelants' position to the City Council at both the July 3 and September 18, 1984, public hearings established that property values could diminish if some public uses were allowed on the Applicant's property. 19. The testimony presented to the City Council, at both the July 3 and September 18, 1984, public hearings, by the Applicant or other individuals testifying in favor of the Applicant does not establish that any damage, hazard, nuisance or other detriment to persons or property in the vicinity would not occur. 20. Title 6, Chapter 4, Section 4 of the Caldwell Zoning Ordinance requires, "b. Applications for special permits shall be filed with the Commission accompanied by such data and information necessary to assure the fullest presentation." 21. A review of the Application which is attached hereto and incorporated herein as Exhibit "C" and testimony of the applicant at the public hearings, shows a lack of detail as Book 25 Page 223 to the specific use proposed or requested and insufficient data and information necessary to assure the Council as to the Applicant's intentions for the property. Councilman Carter stated that he would like to suggest some corrections and additions to the Findings of Fact that were just presented by the Mayor. Under No. 9, it should be added at the end of the paragraph, "at which time a Special Use Permit was approved." Councilman Carter also said that No. 10 should be eliminated from the Findings of Fact as it did not happen on that date. Also on No. 12, it should state that the public hearing was for the appeal. The Mayor then stated that he would continue with the Conclusions of Law as follows: CONCLUSIONS 01? LAW Following a review of the record, and all public testimony, the City Council for the City of Caldwell concludes that the special use permit requested by Burns Financial, Inc. for the property located at 1520 Cleveland Blvd, should be denied, and the appeal of the decision of the Planning and Zoning Commission granting the special use permit upheld, for the following Conclusions of Law: 1. Burns Financial, Inc.`s application for a special use permit is deficient under Tit]'_e 6, Chapter 4, Section 4(b) of the Caldwell City Zoning Ordinance in that it has insufficient data and information necessary to allow the City Council to determine the actual use proposed for the site. 2. The requirements of Title 6, Chapter 4, Section 4(a) of the Caldwell Zoning Ordinance requiring a determination by the City as to whether or not a "public, semi - public" use on the property located at 1520 Cleveland Boulevard would cause any damage, hazard, nuisance or other detriment to persons or property in the vicinity, leaves the Council to the inescapable conclusion that the facts and the record demonstrate that some public or semi- public uses could very well cause damage, hazard, nuisance or other detriment to persons or property in the vicinity. 3. The Council furthermore concludes from an examination of the facts and the record that the Applicant, Burns Financial, Inc., has not demonstrated that proposed public or semi - public uses would not cause any damage, hazard, nuisance or other detriment to persons or property in the vicinity. The Mayor then asked if there was any comments from the members of the City Council. Councilman Raymond commented that the statement under Conclusions of Law with regard to causing any damage, hazard, nuisance, or other detriment to persons and property in the vicinity; leaving the building vacant does not meet that criteria either. He would point out that while the Conclusions of Law say that Burns Financial ° s application was deficient, they met the requirements as required by City Code. The City has no conditions that would require them to provide anymore information than was provided on the original application. The City does have a deficiency in their ordinance that needs to be clarified or corrected in order to give guidance. The Mayor then requested a motion from the City Council. MOVED by Mallea, SECONDED by Marcus to accept the Findings of Fact and Conclusions of Law as corrected to uphold the appeal of the decision from Planning and Zoning and deny the Special Use Permit. Book 25 Page 224 Roll call vote. Those voting yes: Mallea, Marcus, Cowles, Raymond, and Carter. Those voting no: none. Absent and not voting: Norman. MOTION CARRIED (SIDEWALK AND ALLEY AT WARREN'S SHOE STORE) The Mayor called on the City Engineer to address this issue. Mr. Redmond explained that bids were opened with regard to Warren's Shoe Store, The bids were opened in two ways; there was a bid for the work that was to be done on the store itself which was to be entirely done by Warrens. The City also opened bids for the sidewalk which included structural sidewalk and rebuilding of the alley between Warren's and Rostock's. There was two bidders; Nay Construction of Nampa and .zones Construction from Boise. The bids came in considerably higher than the Engineer's estimate. The lowest bid was from Nay Construction in the amount of $66,859.00. A meeting was held last Friday and tentatively encumbered the money to the low bidder, Nay Construction, in order to tie up last year's money. The City's final award was contingent upon Warrens going ahead with their project as the two were complimentary. Their project has to proceed prior to the City proceeding. Mr. Redmond further stated that he had talked with Mr. Warren and he indicated that their Corporation voted to reject the bids. There was considerable conversation and discussion among the City Council members. Mr. Ron Blakley of Blakley Engineers was present at the meeting and joined in with the discussion explaining many of the problems involved at Warren's Shoe Store. Mr. Blakley agreed that the expense was more than anticipated and he did recommend that he! thought it was an advantage to separate the two structures. Mr. Redmond also commented that it seemed to him that if the Warrens were going to reject the bids and since the City's bids were higher than expected, that it would be appropriate for the City to do the same and then to step back and take another look at the problem. The City Engineer further recommended that the City investigate methods to stabilize the head wall and consider the possibility of attempting to get some help from the State. If the bids were rejected, it would be necessary to start all over again. It was then MOVED by Mallea, SECONDED by Cowles that the City deny acceptance of any of the bids. MOTION CARRIED Mr. Redmond also asked the Council if he could have approval to proceed on the design for the anchoring wall as suggested by Mr. Blakley and also he did feel that the City had grounds to go to the State for assistance in the project and would like permission to pursue that as well. MOVED by Marcus, SECONDED by Mallea to have the City Engineer to proceed with the necessary steps to assure that the wall is secure and that the City Engineer be allowed to approach the State for financial assistance. MOTION CARRIED NEW BUSINESS (REQUEST FROM AIRPORT COMMISSION TO CHANGE CITY CODE 8 -7 -1) The Mayor stated that all City Council members received a copy of this change in the City Code. A copy was also sent to the City Attorney and to the F.A.A. for their approval. The Rules had to be put in Ordinance form before any action could be taken. At Book 25 Page 225 this time, it was just for inform..ational purposes and also to assure the Commission that the proper procedures were being followed. (PROPOSED ORDINANCE FROM THE COUNTY ON DOG CONTROL) The Mayor also asked the Council members to look over the proposed Ordinance sent over by the County with regard to dog control. (COMMITTEE REPORTS) Councilwoman Mallea informed the Council that she had some recommendations from the Water Department to turn some accounts over to Action Collection for collection. MOVED by Mallea, SECONDED by Cowles that those names be turned over to Action Collection for collection. MOTION CARRIED Councilwoman Marcus informed the Council that she went out to Curtis Park to observe how the River was washing some of the land away. The River has made a new channel which is becoming larger each year. There was some discussion about possible measures that could be taken to help the situation. Mr. Ivan Cane was present at the meeting to explain the problems to the City Council. Ivan Cane was then recognized and asked to explain what he would suggest be done particularly with regard to Curtis Park. Mr. Cane informed the Council that he had turned in a report as to what he thought could be done there. There was considerable discussion with regard to this issue and it was pointed out on a :nap for the benefit of the Council. The costs for alleviating the problems were also discussed by the City Council. MOVED by Raymond, SECONDED by Cowles that authorization be give for the expenditure of up to $2,000 to protect Curtis Park. MOTION CARRIED (MAYOR'S COMMENTS) The Mayor read a letter to the City Council from the Mayor of Nampa, Winston Goering, with regard '. to an event coming to Nampa. The Union Pacific Railroad was presenting a program on Drug Abuse on October 8th at 7:00 p.m. at the First Church of the Nazarene. The Mayor was inviting the City Officials to attend. (CATERING PERMIT) The City Clerk presented one Catering Permit for approval. This was to be catered by The Cimarron on the 9th of October at Diane's Restaurant for the American Dental Association. The proper approval was secured and the fee paid. MOVED by Mallea, SECONDED by Cowles that approval be given for the Catering Permit as presented. MOTION CARRIED There being no further business, the meeting was adjourned at 8:30 p.m. APPROVED AS written THIS 16th DAY OF October , 1984. Book 25 n Mayor 1 Councilperson Cj�uncilperson Co n �1 Cou l s 0 6uncilpel rson 5uncilper ATTEST. Page 226 City CI�rC