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HomeMy WebLinkAbout1983-10-18city council minutesBook 24 Page 230 REGULAR MEETING October 18, 1983 7:30 p.m. 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 Roll of the City Council was called with the following members present: Raymond, L. Carter, J. Carter, Betts, and Cowles. Absent: Mallea. (APPROVAL OF MINUTES) It was MOVED by Cowles, SECONDED by J. Carter to dispense with the reading of the minutes of the Regular City Council Meeting of October_ 4, 1983, and approve them as written. MOTION CARRIED (AUDIENCE PARTICIPATION) The Mayor asked if there was anyoen ;from the audience who cared to bring anything before the City Council that was not on the prepared .Agenda. Since there was no one, the Mayor declared that the Meeting would continue as outlined. OLD BUSINESS (PUBLIC HEARING ALLOWING DAY CARE CENTERS IN-R -1 ZONE WITH SPECIAL USE PERMIT) The Mayor inquired if there was anyone from the audience who cared to sign the form required to allow them to speak with regard to the Public Hearing on allowing day care centers in R -1 zone with a Special Use Permit. Since there was no one who cared to speak, the Mayor declared the Meeting open for the Public' Hearing, and requested that Mrs. Robison explain this request. Mrs. Robison informed the City Council and the Mayor that the Planning and Zoning Commission forwarded a recommendation to amend the zoning regulations to allow day care centers in the R -1 zone with a special use permit. Mrs. Robison further said that she had a few comments with regard to the special use permits and the guidelines that are used when they are considered in the R -2 and the C -1 Zones. The guidelines that the staff uses are the maximum number of children must 'be declared so the neighborhood can be informed, the applicant is informed that any increase requires review by the Commission, parking spaces are to be provided the employees in addition to spaces for the residents, the applicant must provide loading and unloading schedules, the staff inquires if they have a State License, the Fire Department and Building Inspector will inspect the property, the neighborhood is notified of the hours anticipated, and also an inquiry is made with regard to fencing and play area. There was some things that the Commission was concerned about; one of these was that a dwelling used as a residence might be turned entirely into a Day Care Center for business purposes. They did consider making a restriction with this regard and also talked about setting up a Committee to required other restrictions that would help the integrity of the R -1 zone. Another thought was that perhaps a permit could be issued- to the person rather than the property. Also considered was to evaluate them on a one year,_. basis to see what the impact has done on the neighborhood. There has never been any complaints regarding day care centers in the City of Caldwell. The Mayor declared the Public Hearing closed and asked the City Council members if they cared to comment on this matter. Book 24 Page 231 Councilman Raymond stated that if the Special Use Permit was allowed, he would agree with the Commission as to some of the stipulations considered. The permit would be for the applicant only, that they would reside at the location, non- trans ferable and that they meet the State License requirements. His concerns were that when a special use permit was requested, quite often neighbors go along with their neighbor. He would not want to see this become a chance for someone to start a day care in a Residential neighborhood and then become a fulltime business. Councilman Raymond further said that he would vote in favor of this amendment if those stipulati.ons were included. Councilman Betts stated that he would like to comment with regard to the integrity of the neighborhood. He would hope that everyone knew just what R -1 zoning means. Somehow the word integrity puts R -1 in the elite neighborhoods and to him, it did not mean that at all. All that R -1 zone included was single family dwellings which would nor;nally mean that there would be children around. If you have a day care center, you are bringing in more children and not really bringing anything into that neighborhood that was not already there. A day care center was not a traffic oriented business as there was not in and out traffic all day long. He would also prefer that a State License be required. Councilman J. Carter stated that he would agree with Councilman Raymond that the special permit should be tied to the individual and the property jointly. if the person moved or the property sold, the permit would be revoked. He would also agree that the permit should be reviewed annually and the permit issued each year. Councilman J. Carter said that he would also like to have the State License requirement. It was MOVED by Raymond, SECONDED by L. Carter to amend the zoning regulations to allow Day Care Centers in R -1 zone by a Special Use Permit subject to conditions established by Planning and Zoning and that it be to the applicant residing at the location, non - transferable, and maintain a State License. The Mayor also mentioned the yearly review as was discussed. Councilman Raymond stated that he would add this to the motion and the second agreed. Roll call vote. Those voting yes: Raymond, L. Carter, J. Carter, and Cowles. Those voting no: none. Abstain: Betts. Absent and not voting; Mallea. MOTION CARRIED The Mayor then requested that the Ordinance be prepared and action would be taken at the next Regular Meeting. (REPORT ON HEYBURN TRIP) The Mayor reported that both he and Ron Redmond along with Jim Oates, from Simplots, and the Mayor of Nampa flew to Burley to look at the plant in Heyburn. The Mayor also informed the City Council that a grant was requested for this type of project by Nampa, but the application was returned and dropped to $7,500. The original request was $15,000. The group received a lot of -- information regarding the project even those things that Cassia County found they would have done in a different manner if they were to do it over. The Mayor stated that he would like the City Council to consider funding $2,500 in matching funds with the City of Nampa to do a feasibility study. The Mayor also said that he had prepared a list of possible considerations on mutual solid waste burning facility for both Nampa and Caldwell which he would ask the Council members to give some consideration. The Mayor summed up his comments by stating that he would strongly support the feasibility study. Book 24 Page 232 Mr. Redmond also discussed the solid waste burning facility explaining some of his concerns with regard to the mutual agreement between the two cities. The Mayor also informed the City Council that there was money available for this study out of Sanitation monies. It was then MOVED by Raymond, SECONDED by Cowles that the Mayor be allowed to enter into a contract for the feasibility study in the amount of $2,500. MOTION CARRIED (LETTER AND RESOLUTION FOR PACIFIC PRESS) The Mayor read a letter received from Reuben Beck, Treasurer, of Idaho Conference of Seventh -day Adventists, stating that Pacific Press Board felt the property across from Gem State Academy would be a good location for their relocation. A request for changing the comprehensive plan and rezoning for this site was submitted to the Canyon County Planning and Zoning Commission. They were asking for any encoura- gement the City could give for expediting this request. The Mayor then read the following Resolution: WHEREAS, It is a known fact that the State of Idaho, County of Canyon and especially the City of Caldwell is in great need of industrial and business growth, and; WHEREAS, Pacific Press Publishing Association has shown interest in establishing a printing establishment in the County of Canyon and in close proximity to both Nampa and Caldwell, and; WHEREAS, This business will employ up to two hundred persons and has the advantage of causing no environmental effects on the area, and; WHEREAS, The sponsors of Pacific Press are the Seventh -day Adventists Church who have been outstanding citizens and neighbors in and to the City of Caldwell for many years, and; THEREFORE, BE IT RESOLVED That the City Council and the Mayor of the City of Caldwell do hereby petition the Planning and Zoning Commission of Canyon County and the Board of Commissioners of that County to grant their request for a zoning change J expeditiously and without any indication of hesitation. MOVED by Raymond, SECONDED by Betts that the Resolution pass as presented by the Mayor. Roll call vote. Those voting yes: Raymond, L. Carter, J. Carter, Betts, and Cowles. Those voting no: none. Absent and not voting: Mallea. MOTION CARRIED NEW BUSINESS (PUBLIC HEARING - VACATION OF DEARBORN BETWEEN PAYNTER AND WAREHOUSE) The Mayor stated that the next order of business was a public hearing on the vacation of Dearborn between Paynter and Warehouse. Mr. Bill Gigray was recognized and stated that he was at the meeting to represent the Crookham Company and would like to speak to the matter. Mr. Gigray then signed the paper which allowed him to give his presentation. The Mayor then called the meeting open for the public hearing and recognized Mr. Gigray who requested the opportunity to speak to the City Council. Mr. Gigray explained at some length the proposal submitted by the Crookham Company stating that Crookham Company would be agreeable to dedicating a piece of ground to allow for the widening and improvemnt of Paynter Avenue. Mr. Redmond further stated that in May, 1983, the Crookham Seed Company submitted a request to close a portion of Dearborn Street that lies between Paynter and Warehouse Street. The piece that Book 24 Page 233 they are requesting to close would be a small triangular section of street formed by the angled intersections of Dearborn with Paynter and Warehouse Streets. The request has merit in that this intersection as it exists could create significant traffic problems when traffic flows increase due to irregular shape of the intersection. Although the request stated only closing Dearborn, the review was approached from a vacation of street standpoint. One of the problems in this area is the right of way for Paynter Avenue. The current right of way varies significantly along Paynter and the City has been attempting to obtain additional right of way over the years in order to be able to upgrade Paynter. It would be in the City's interest to obtain additional 20 feet of right of way for P aynter for approximately half of the block between Warehouse and Crookham Street. The triangular portion of Dearborn should then be able to be vacated without creating any future problems. Mr. Redmond also stated that for the purpose of the record all property owners within three hundred feet were notified and the proper notice of public hearing was published. Considering future road improvement and the fact that the vacation will alleviate a traffic there, Mr. Redmond said that he would recommend the vacation contingent upon the City receiving the portion of the right of way. The Mayor then declared the publ__c hearing closed and ask what action the City Council cared to make with regard to this request. MOVED by L. Carter, SECONDED by Betts that an Ordinance be drawn up vacating the street as outlined by the City Engineer with the stipulations as discussed for the right of way. MOTION CARRIED (LETTER FROM LYDIA EDWARDS AND RESOLUTION) The Mayor read for the benefit of the City Council a letter received from Lydia Edwards along with a petition she was asking the City Council and Mayor to endorse with regard to the road construction on the Horseshoe Bend Hill road. The Mayor and City Council discussed this request at some length agreeing that those who cared to sign the petition could do so and it would be sent back. (LETTER OF RECOMMENDATION ON RECREATION APPOINTMENTS) The Mayor read the following letter received from Jim Guy, the Ahtletic Director, at the Caldwell High School: I would like to recommend the following students to serve on the Caldwell Recreation Board. Both students are outstanding students and citizens at Caldwell High School. Both Mike Ayers and Kara Beus are active participants in athletics at Caldwell High School. They are both in the junior class so they will be in school for two years. I am sure you will find them to be contributing members to the Recreation Board. If you need further information about these students, please feel free to call me about them. The Mayor stated that both of these appointments were accepted by the Recreation Board and he woul6 ask for action from the City Council at this time. MOVED by Raymond, SECONDED by L. Carter that approval be given for the appointments as recommended of Kara Beus and Mike Ayers to the Recreation Board. MOTION CARRIED (EXPLANATION ON CERTIFIED DEVELOPMENT CORPORATION) Book 24 Page 234 The Mayor reminded the City Council that some time ago he brought to them the possibility of forming a Development Corporation in the City of Caldwell. After some discussion with the Chamber and the Private Industry Council, he was advised to hold on this for a while. Material was received now and copies were made for the Council to study when convenient. The Mayor felt it would not only fit new business coming in, but present businesses as well. (REPORT ON LOGO AND MOTTO) The Mayor stated that for informational purposes - Councilwoman Mallea, with the Mayor's encouragement, took the Logo to Boise and it was now in the hands of the Simplot people. (LETTER REGARDING GOVERNOR'S CONFERENCE ON EDUCATION) The Mayor announced that there was to a Governor's Conference on Education on November 3, 1983, to be held at the Red Lion Riverside in Boise. He then passed the notice around for the Council's benefit in case they desired to attend. (CATERING PERMIT) The City Clerk presented one Catering Permit for approval. This was for the 22nd and 23rd of October, at the 4 -H Barn at the Stadium Complex and to be catered by The Corral. The Police Chief submitted his approval and the fee was paid. MOVED by L. Carter, SECONDED by J. Carter that the Catering Permit be approved as presented. MOTION CARRIED (FINANCIAL REPORT) Councilman J. Carter reported that the Finance Committee met to review the Requests for Payment. There was checks in the amount of $363,377.28. A gross payroll of $207,318.41 of which',.. $45,857.51 was fringe benefits. The total spent was $570,695.69. MOVED by J. Carter, SECONDED by Cowles that the checks be issued and the Requests for Payment be filed in the Office of the City Clerk. MOTION CARRIED (COMMITTEE REPORTS) Councilman J. Carter .informed the Mayor and Council that the Airport Commission met and consideration was given to giving an F.B.O. to an ultralite operator. The Commission, however, decided that they did not want a Fixed Base Operator in this category at the Airport at this time. The Commission was planning a trip to Scottsdale, Arizona to look over their Industrial Airpark to see what has been done to get industry and business located at their airpark. They were anticipating this trip sometime in November. Councilman L. Carter reported that he attended the Senior Citizen's Board Meeting on Monday and all was going well. They received a grant from C.C.O.A. in the amount of $573 to finish paying for the speakers. Councilman Cowles stated that he attended the Historical Commission Meeting and the minutes of this meeting and the financial report were placed in the Council basket. Book 24 Page 235 Councilman Betts informed the City Council that there was to be a Stadium Board Meeting the next day at noon and he would request the Council members to attend if possible. He was planning to present a proposal for the sign at the Simplot Stadium Complex. Since there wasn't a Council Meeting last week, Councilman Betts also reported with regard to the Golf Tournament with the City employees_ .After some discussion, it was determined that the tournament ended in a tie. Councilman L. Carter pointed out that his team lost by one stroke which would actually make the tie. Councilman Betts also stated that he would like to discuss the jail compromise with the County briefly. He explained to the City Council that he had a discussion with the Commissioners and some of the people in the Sheriff's Office recently. A proposal was made by Councilman Betts to Commissioner Koch and the Commissioner did see the logic of the suggestion as did the other Commissioners. When the proposal. was shown to the Sheriff, he refused to go along with it. Councilman Betts further said that he would like the City Council to give concurrence along with the Commissioners and the City of Nampa to get all of the legal counsel together and meet to work out an agreement and get something resolved. The Mayor stated that two weeks ago the Police Chief was instructed to contact Dick Harris, Bill Anderson, and the Sheriff to negotiate to determine where they stood. Mr. Harris said that he would put it together, but nothing has been done as yet. The City of Nampa was at this time very upset with some charges that were being made against them and were willing to join in whatever is necessary to solve the problem. After some discussion, it was determined that the Mayor would instruct the City Attorney to meet with the Prosecuting Attorney and the City Attorney from Nampa to get this situation resolved once and for all. (MAYOR'S COMMENTS) The Mayor asked if there was any report with regard to the Fire Training site. Councilman Cowles stated that the Fire Department was anxiously waiting for further action to take place with this regard. He felt that the Department had answered the concerns of the City Council and were doing all they could to get the program rolling. Councilman Cowles said that he would ask the Council to give them the authority to purchase the property. Councilman Betts pointed out that it was determined that this item would be discussed at the Planning and Zoning Commission meeting on Thursday night and that it would be appropriate to wait for their recommendation. The Mayor called the Council's attention to a letter with regard to the remodeling of the Police Station. The letter stated that If the City would hire the architect as a consultant, he would be able to use his judgment on some of the smaller building jobs under $10,000 without bidding. Some discussion followed about the floor plans for the new City Hall. Both sets of plans were to be available for Council to look over. The Mayor stated that he would like to be able to have approval from the Council on the floor plans at the next Council Meeting. There being no further business, the Meeting was adjourned at 9:10 P.M. APPROVED AS written _ THIS lst _ DAY OF November 1983. Mayor on ATTEST: Councilperson City erk