Loading...
HomeMy WebLinkAbout1988-10-03city council minutesDook 29 REGULAR MEETING October 3, 1988 7:30 p.m. The meeting was called to order by Mayor Cowles. Page 225 The Mayor 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, Winder, Houchins, Mallea, and Straight. Absent: Jarboe. (APPROVAL OF MINUTES) MOVED by Raymond, SECONDED by Houchins to dispense with the reading of the minutes of the September 19, 1988, Regular City Council Meeting and approve them as written. MOTION CARRIED (AUDIENCE PARTICIPATION) The Mayor asked if there was anyone from the audience who cared to address the City Council. on any issue that was not on the prepared Agenda. As there was no one, the Mayor declared that the meeting would continue as outlined. OLD BUSINESS (REPORT ON PLAN PROPOSAL BY ECONOMIC DEVELOPMENT COMMITTEE) Mayor Cowles stated that as requested at the last City Council Meeting, a report was submitted to the Mayor and City Council from the Caldwell Economic Development Committee pertaining to their proposal and the status of their finances. Copies of the report were distributed to the members of the City Council. The Mayor asked the Executive Director of the Chamber, Ron Carter, if he would care to give any explanation of the report. Mr. Carter informed the Mayor that Mr. Carpenter would answer any questions that the Council might have. Bob Carpenter, 1102 Grant St. of Caldwell, was recognized by the Mayor. Mr. Carpenter informed the City Council that he really didn't have anything further to add to the report, but would be glad to answer any questions. Councilman Raymond stated that he was pleased that there was a volunteer group working on the redevelopment of Caldwell by preparing a proposal for their project. Money was budgeted for the Caldwell Economic Development Project. The Chamber taking an active part in this project was a positive step. Mr. Raymond said that he was prepared to support the proposal as submitted. Councilwoman Mallea addressed Mr. Carpenter again stating her reluctance to transfer tax monies from the control of the City. She asked him if any effort has been made to consider submitting the bills to be run through the City for processing. - -. Mr. Carpenter stated that the plan for reporting was discussed in the proposal. To this point, they have not set it up to run the entire; accounting system through the City. The major reason for this being that one of the first efforts will be to raise additional funds. Mr. Carpenter said that he was not convinced that the amount of money applying for here was going to do the project. The plan was to give full accounting once a month of everything being done. As additional money comes into the program, it would be to the best interest of all to be aware of what the money is being spent for and also to l'_eave the accounting with the Economic Book 29 Page 226 Development Project. Mayor Cowles then asked if any members of the audience cared to address the City Council with regard to this item. He did ask that if they cared to speak, they keep the time to a minimum. Camilo Lopez was recognized and expressed his concerns with using the taxpayer's monies and the accountability. Mr. Lopez also asked if this would be a yearly program financed by the City. It was his suggestion that the City handle all of the monies through the accounting department. Judy Bistline was recognized and read the following letters: At the September 30, 1988, General Membership Meeting of the Caldwell Board of Realtors, a resolution was passed unanimously urging Mayor Pete Cowles and the Caldwell City council to support the Economic Development Board and expend the funds allocated towards Caldwell downtown economic recovery. The Mayor commented that the Caldwell Economic Development Project report and the letter submitted by Judy Bistline would be included as a part of the record. Mayor Cowles asked for direction from the City Council with regard to this request from the Caldwell Economic Development Project. Councilman Raymond MOVED and it was SECONDED by Straight that $90,000 be transferred from Contingency to fund the Caldwell Economic Development Project. Roll call vote. Those voting yes: Raymond, Winder, Houchins, and Straight. Those voting no: Mallea. Absent and not voting: Jarboe. MOTION CARRIED (BILL NO. 20 - AMEND CITY CODE TO REQUIRE SPECIAL USE PERMITS FOR BARS) The Mayor called on the Planning and Zoning Director, Mrs. Robison, to address this item on the Agenda. Mrs. Robison stated that she thought the questions raised at the last meeting pertaining to the implementation of the Ordinance have been answered by the City Attorney. Generally, all of the bars that are open and existing at the present time would be grandfathered in and be allowed to continue as they are. Once they discontinued, they would have a two year nonconforming status to reopen and after that time, they would be required to get a special use permit. There is approximately two and maybe more bars that are not operating right now, but they have continued to maintain a current license. The City Attorney said that if they kept the license curent, the Council might want to extend the grandfather rights to them so they would also have two years from the date of the passage of the ordinance to find another tenant or to reopen as long as they didn't let the license lapse. if it did become a clear intent to abandon, they would have to start over again. Any of them that have been closed and are not operating at the present time would not have grandfather rights. Councilwoman Mallea asked Mrs. Robison if the time could be lowered for a special use permit for a particular industry. Mrs. Robison stated that the City Attorney informed her that he could find no documentation either way. The attorney felt that the Council would have the authority, as a legislative decision, to limit the time on one specific use and not on others. This would require an ordinance change. There was a continued discussion among the Council members regarding this Bill. It was Councilman Raymond's =k 29 P8 e 22..7 recomendation that the City Council give consideration to this Bill for the present and then address other concerns at a later time. Councilman Winder read ;Bill No. 20 by title only as follows: AN ORDINANCE AMENDING TITLE VI, CHAPTER 2, SECTION 6 -2- 1, TABLE 1, LAND USE SCHEDULE, OF THE MUNICIPAL CODE OF THE CITY OF CALDWELL, IDAHO,. TO REQUIRE A SPECIAL USE PERMIT FOR BARS IN THE C -2 COMMUNITY COMMERCIAL, C -3 SERVICE COMMERCIAL AND C -4 INTERCHANGE /FREEWAY COMMERCIAL ZONES; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. MOVED by Raymond, SECONDED by Houchins that this be considered the first reading of Bill No. 20. MOTION CARRIED (BILL NO. 21 - AMEND CITY CODE TO PROVIDE FOR RECYCLING STATIONS) Mrs. Robison, the Planning and Zoning Director, explained that there was one slight change since the last meeting. This was in Section 6- 3- 1D3F(iii) to reflect a comment made by Councilman Raymond. She stated that she felt the change would help clarify this Section. It read as follows: Recycling collection stations and temporary recycling collection stations would require: sight obscuring fences on any side which is directly adjacent to residential uses. Other than this small change, the Bill was the same. Councilman Raymond read Bill No. 21 by title only as follows: AN ORDINANCE AMENDING TITLE VI, CHAPTER 2, SECTION 6 -2- 1, TABLE 1, LAND USE SCHEDULE, OF THE MUNICIPAL CODE OF THE CITY OF CALDWELL, IDAHO, TO ALLOW RECYCLING COLLECTION STATIONS AND TEMPORARY RECYCLING STATIONS IN SPECIFIED COMMERCIAL AND INDUSTRIAL ZONES IN THE CITY OF CALDWELL, IDAHO; AMENDING SECTION 6 -5 -4, DEFINITIONS, TO PROVIDE DEFINITIONS FOR RECYCLING COLLECTION STATION AND RECYCLING COLLECTION STATION,. TEMPORARY; ALSO AMENDING SECTION 6- 3 -1D3F TO REQUIRE SIGHT OBSCURING FENCES FOR SAID STATIONS WHEN ADJACENT TO RESIDENTIAL USES; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. The Mayor declared this to be the first reading of Bill No. 21. NEW BUSINESS (BILL NO. 22 - AMEND CITY CODE REGARDING WATER DEPOSITS AND TURN - ON FEES IN WATER DEPARTMENT) Mayor Cowles read the following memo from Judy Subia, the water billing supervisor: The present ordinance requires a person in order to avoid paying the $50.00 water deposit, to bring proof of good credit from 'two utilities for two years. If you are in agreement, I would like to see if changed to one year because Idaho Power's credit rating just shows 12 months and our water screen only keeps one year of history also. The Mayor then read Bill No. 22 by title only as follows: AN ORDINANCE TO AMEND TITLE III, CHAPTER 3A, SECTION 29(B) PERTAINING TO WATER DEPARTMENT OF THE MUNICIPAL CODE OF THE CITY OF CALDWELL, IDAHO, BY DELETING AND ADDING CERTAIN LANGUAGE WITH REGARD TO DEPOSITS AND WATER TURN -ON FEES: REPEALING ALL ORDINANCES, o ok 2 ?cage 2 28 RESOLUTIONS OR PARTS THEREOF IN CONFLICT HEREWITH. The several changes were pointed out by the Mayor as explained in the memo from Mrs. Subia. He than asked for direction from the City Council. MOVED by Raymond, SECONDED by Houchins to suspend the rule requiring that a Bill be read at: three separate times and that Bill No. 22 be read by title only for the one reading. Roll call vote. Those voting yes: Raymond, Winder, Houchins, Mallea, and Straight. Those voting no: none. Absent and not voting: Jarboe. MOTION CARRIED MOVED by Raymond, SECONDED by Houchins that Bill No. 22 be passed and entitled Ordinance No. 1792. Roll call vote. Those voting yes: Raymond, Winder, Houchins, Mallea, and Straight. Those voting no: none. Absent and not voting: Jarboe. MOTION CARRIED (REQUEST FOR PUBLIC HEARING TO CONSIDER REQUEST TO VACATE RIVERSIDE BETWEEN RODEO AND ROEDEL) Staff explained that Western Stockmen's submitted a request for the City to vacate that section of street just south of the Riverside Canal between Rodeo and Roedel. The City Engineer further stated that Western Stockmen's was proposing an expansion of their facilities and intend to construct a feed mill. In order to adequately load their trucks and provide security, they need additional property which is now a dedicated road. The road they are talking about is sixty feet in width. If the vacation does occur, the City would like to reserve a minimum of twenty -six feet; a sixteen foot basic easement for sewer and an additional ten foot wide for a water line. This was the only corridor for those facilities. The Fire Department is also desirous of a fire lane along that area. Mr. Redmond also explained for clarification that the location was between the entrance to Idaho Concrete and the next street to the west. This was one block over from the Treatment Plant road. He again stated that Western Stockmen's needed a minimum of twenty feet, but would prefer to have slightly more than that. There was sixty feet available, but the City needs to :reserve at least twenty -six feet of the sixty feet for their own purposes. After further discussion among the City Council members, it was MOVED by Raymond, SECONDED b;y Straight to proceed with scheduling a public hearing to consider the request to vacate Riverside between Rodeo and Roedel. MOTION CARRIED (REQUEST FROM ELLIS MERRITT TO VACATE PART OF ALLEY ON 10TH STREET BETWEEN FRONTAGE ROAD AND FREEPORT STREET (FORMER GULF SERVICE STATION) The following memo prepared by the Planning and Zoning Director was distributed to the Mayor and City Council as an explanation of this request: Ellis Merritt has recently purchased the old Gulf Service Station at 10th and the Frontage Road (formerly Galveston) that was auctioned off by the State. The property is landlocked and is fenced off all along the Frontage Road and 10th Avenue to Freeport, so there is no public access at all to the property from a public ^ook 29 Page 229 street. (It can be reached through the alley.) The State also purchased access rights to the properties which used to front on Galveston, so the only way to reach the residence on Lots 5 and 6, Block 63, is through the alley. Mr. Merritt has owned the property across the alley from the Gulf Station for many years and would like to combine tine two into one commercial building site that would be accessed from Freeport. He is requesting, therefore, that the City consider vacating the southeasterly half of the alley. We have explained to him that it will be necessary to require a 16 -foot easement back for the sewerline and any other utilities that are in the alley. The procedure for vacating right of way is found in 1306A, Idaho Code, and requires a public hearing to be held by the City Council. The Planning and Zoning Commission is forwarding a favorable recommendation to vacate the property subject to easements or to rerouting of utility lines at the property owner's expense should future construction plans require use of the property where lines are existing. Mrs. Robison further stated that it was her recommendation to set a public hearing on this request for the Regular City Council Meeting on November 7, 1988. MOVED by Mallea, SECONDED by Houchins that a public hearing be set for the Regular Council Meeting on the 7th of November, 1988, as requested. MOTION CARRIED (CATERING PERMIT) The Mayor presented one Catering Permit for action by the City Council. This was for the Corral to cater for a concert at the Fieldhouse on October 9, 1988. The Chief of Police submitted his approval, the fee was paid, but the Permit was not signed by the barowner as yet. It was the Mayor's request that the Council approve the Permit subject to the proper signature being secured from the Eagans. MOVED by Mal lea, SECONDED by Winder that approval be given for the Catering Permit as requested subject to the proper signature from the licensee. MOTION CARRIED (DISCU'SSION REGARDING CITY PROPERTY) Councilman Raymond informed the Mayor and Council that he had received a question with regard to the Paynter property. This individual had made an offer to the City to purchase this property and wondered what had been decided. The Mayor stated that he did bring that request to the City Council. At that time, there was several questions from the Council as to what the individual planned to do with this piece of property. Councilman Raymond suggested that the Mayor negotiate with the possible buyer for the sale subject to the purchaser understanding that it was not a building site under the code. Councilman Winder commented that it was possible to extend the existing structure into the site under discussion. It really was not a legal lot and therefore, someone could not build based on the building code. The Mayor stated that he would confer with the City Engineer and proceed with the negotiations on this piece of property. (COMMITTEE REPORTS) Dool 29 Page 2303 Councilman Raymond was recognized and stated that he did have a report from the Parks and Recreation Commission. They have been working closely with the Greenbelt Foundation, have secured a grant from the State level for approximately $28,500 development on the Greenbelt. This grant, however, does have to be approved at the Federal level. It has been requested that the City Council show that the City is participating in some manner in this project. When the budget was put together, there was some talk of a $10,000 for Greenbelt. It was not earmarked, but it was decided that if the money was to be used for this grant, it would have to come out of contingency. Since they tentatively have the grant approved, it was MOVED by Raymond, SECONDED by Winder that the City Council authorize the tranfer $10,000 from the contingency fund to the Parks and Recreation to be applied to the Greenbelt Grant Project. Councilman Winder stated that sometime back he had requested that the City Attorney submit an opinion with regard to the Greenbelt and its future plans for expansion. Mr. Winder asked the Planning and Zoning Director if a response was ever received. Mrs. Robison stated that she had not received an answer. Councilman Winder continued stating that his concern was that the Greenbelt group has proceeded with its plans without consulting the people as to what they would like to see in a greenbelt development. They have not approached the property owners or the adjacent property owners to determine how they feel about what is going to occur.. Mr. Winder further said that he felt they should have to go through the same process as any other group. He was in favor of the plans proposed by the Greenbelt, but he just simply wanted the people who are impacted have the opportunity to participate. The Mayor then asked for a roll call vote. Those voting yes: Raymond, Winder, Houchins, Mallea, and Straight. Those voting no: none. Absent and not voting: Jarboe. MOTION CARRIED (MAYOR'S COMMENTS) Mayor Cowles read the following memo from Happy Day Ford to the Fire Department with regard to a bid request: Our bid for one four door sedan for the Caldwell Fire Department Fire Chief follows as per your specifications. One Taurus four door sedan, 1989 model. Our bid is in the amount of $12,171.00. (Bid bond enclosed.) /s/ Dale Nordstrom Sales Representative As this was the only bid received, it was MOVED by Winder, SECONDED by Houchins that the bid from Happy Day Ford in the amount of $12,171.00 be accepted. MOTION CARRIED Mayor Cowles recognized the City Engineer, Mr. Redmond stated that the donations for the Purple Sage Clubhouse now total $30,346.56. At least $15,000 was needed in donations inorder to make the bare minimum - that the bid was awarded on at the last meeting. The bid was awarded with approximately $15,000 deductible alternates. Based upon the amount of donations acquired at this time, Mr. Redmond stated that he would like to have permission to reinstate the deductibles. Dook 29 Page 231 MOVED by Houchins, SECONDED by Winder that the deductibles be reinstated for the clubhouse at Purple Sage Golf Course as requested. MOTION CARRIED It was further explained that this will bring the plan up to what was requested in the first place. (QUESTION AND ANSWER) Mayor Cowles asked if there was anyone in the audience who cared to address the City Council at this time. No one asked to address the Mayor and Council. There being no further 'business, the meeting was adjourned at 9:00 P.M. APPROVED AS written THIS l 7 t 1 - 1DAY OF Octob 1988. Councif ers n Co �uncilpe 'son Councilp rson ATTEST: Mayor Co c 1p rs / G /..... Councilperson duncilperson City Clerk'