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HomeMy WebLinkAbout1983-10-25city council minutesBook 24 Page 236 REGULAR MEETING October 25, 1983 12:00 Noon 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, Mallea, Betts, and Cowles. Absent: none. (AUDIENCE PAR'T'ICIPATION) 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. Since there was no one, the Mayor declared that the meeting would continue as outlined. OLD BUSINESS (BILL NO. 24 - DAY CARE CENTERS IN R -1 ZONE) The Mayor stated that the first item under Old Business was the Bill with regard to allowing Day Care Center in R -1 zones. The Mayor called the Council's attention to the Planning and Zoning Commission minutes where the Commission did follow the recommendations of the City Council regarding the stipulations for the special use permit for a Day Care Centers in R -1 Zone. These stipulations would be established by policy. The Mayor then read Bill No. 24 by title only as follows: AN ORDINANCE AMENDING TITLE: VI, CHAPTER 2, SECTION 2.1 OF THE MUNICIPAL CODE OF THE CITY OF CALDWELL, STATE OF IDAHO, BY PROVIDING A CHANGE IN THE LAND USE SCHEDULE, TABLE 2 OF THE ZONING REGULATIONS TO ALLOW NURSERY SCHOOLS (DAY CARE CENTERS) IN THE R -1 SINGLE FAMILY RESIDENTIAL ZONE WITH A SPECIAL USE PERMIT, REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH. It was MOVED by Raymond, SECONDED by Cowles that he would sponsor the Ordinance and that the rules be suspended and the Bill read by title only for the first reading. Roll call vote. Those voting ;yes: Raymond, L. Carter, and Cowles. Those voting, no: J. Carter. Abstain: Mallea and Betts. Absent and not voting: none. MOTION DENIED A rather extensive discussion followed with Council determining that they did not quite understand the motion as made. Councilman Raymond pointed out that his intent was that this be the first reading with the. suspension that the Bill be read in full. The Mayor then stated that he would nullify the motion and vote and asked for another motion. MOVED by Raymond, SECONDED by Cowles that the Council susend the rule requiring of the Bill in full and that this be declared the first reading of Bill go. 24. Roll call vote. Those voting yes: Raymond, L. Carter, J. Carter, and Cowles. Those voting no: none. Abstain: Mallea and Betts. Absent and not voting: none. MOTION CARRIED (BILL NO. 25 - ORDINANCE NO. 1660 - VACATION OF DEARBORN STREET) Book 24 Page 237 The Mayor read Bill No. 25 by title only as follows: AN ORDINANCE RECITING PETITION FOR VACATION AND RECITING APPROPRIATE NOTICE THEREFOR WAS GIVEN, DETERMING THAT VACATION OF THE FOLLOWING DEISCRIBED REAL PROPERTY SHALL BE MADE, TO -WIT; A portion of Dearborn Street. being situated in the Northwest Quarter of the Southeast Quarter of Section 21, Township 4 North, Range 3 West of the Boise Meridian in the City of Caldwell, Canyon County, Idaho, and particularly being that portion of Dearborn Street lying between Warehouse Street (where Warehouse Street consists of an eighty foot right of way width) and Paynter Avenue (reserving a seventy -foot right of way width for Paynter Avenue as measured from the Westerly boundary of the Strahorn Addition Number One) AND THAT SAID VACATION IS IN THE BEST PUBLIC INTEREST FOR THE CITY OF CALDWELL, IDAHO MOVED by Betts, SECONDED by L. Carter to suspend the rule requiring the reading of a Bill at three separate times and reading the Bill in full and that Bill No. 25 be read by title only. Roll call vote. Those voting yes: Betts, Cowles, Raymond, L. Carter, J. Carter. Those voting not none. Abstain: Mallea. Absent and not voting: none. MOTION CARRIED MOVED by Betts, SECONDED by L. Carter that Bill No. 25 pass and be entitled Ordinance No. 1660. Roll call vote. Those voting yes: Betts, Cowles, Raymond, L. Carter, and J. Carter. Those voting no: none. Abstain: Mallea. Absent and not voting: none. MOTION CARRIED (REPORT ON FIRE TRAINING SITE) Councilman Cowles reported with regard to the Fire Training Site. Councilman Cowles called the City Council °s attention to the second recommendation from the Planning and Zoning Commission which was, "Recorded a favorable reaction to the proposed Fire Department training site on Lake Avenue and recommended the Council pursue it further." Councilman Cowles further said that what he would like at this time was to have permission from the City Council to make a recommendation back to the Planning and Zoning Commission to establish a date for a public hearing for annexation as well as for a Plan Change for the training site and establish a zone for the property,. MOVED by Cowles, SECONDED by Betts that a recommendation be given to the Planning and Zoning Commission to set a public hearing on annexation, Plan Change and to establish the zone for this property. MOTION CARRIED (REPORT ON SOLID WASTE PLANT) The Mayor briefly reported that this item was going along well, everyone was enthusiastic and a Committee was established to work on it. NEW BUSINESS (RESOLUTION ON ENCROACHMENT AGREEMENT WITH ALBERTSONS) Book 24 Page 238 The City Engineer explained that Albertson "s new additon encroached to a minor extent in the sewer easement of the City on Fourth Street in front of the new building. The City will go ahead and allow this as long as the foundation of the building doesn't extend over the sewer and as long as they will. assume maintenance responsibility for that portion that is anywhere near their building in proximity. The encroachment agreement also states that should thLs ever need reconstruction or replacement within this area, they will have to relocate the sewer line which they have agreed to. Essentially, the City was giving them permission to go ahead and build in the City easement and if there was problems, it will be at their expense to come in a redo it. The Mayor then read the Resolution or Agreement for the encroachment in full and then asked for a motion from the City Council. It was MOVED by L. Carter, SECONDED by Raymond that•__, Resolution No. 30 -83 be passed establishing the Encroachment Agreement as explained[ by Mr. Redmond. Roll call vote. Those voting yes: Raymond, L. Carter, J. Carter, Mallea, Betts, and Cowles. Those voting no: none. Absent and not voting: none. MOTION CARRIED (RIGHT OF WAY AGREEMENT WITH BRISCOE 17OR WEST CHICAGO EXTENSION) Mr. Redmond informed the City Council that an agreement has been reached with regard to the purchase of the West Chicago extension. The sum for this purchase was $24,639. There was some conditions identified and all members of the City Council received a copy of the agreement. Other than the price, the Agreement was much as originally discussed. The City Attorney has reviewed it and was in agreement with the conditions. Mr. Redmond recommended approval of this Agreement. MOVED by Raymond, SECONDED by Cowles that authorization be given for the execution of the right of way agreement with Briscoe for the West Chicago extension. MOTION CARRIED (REQUEST FROM GENE YOUREN FOR VARIANCE TO OBTAIN BUILDING PERMITS FOR THREE MOBILE HOMES ON EAST CHICAGO) The Mayor requested that the Planning Director, Mrs. Robison, address this item on the Agenda. Mrs. Robison informed the City'Council that this was a situation that does not really fait into any classification. Mr. Youren has property on East Chicago where he intends to put a trucking firm. He would like to move in three mobile homes for his sons to live in for security purposes. It was zoned M -1 with a "T" Mobile Home Overlay so mobile homes were! allowed in the area. He does not intend to split the lots off and sell them so the City would not want to encourage him to plat the property for residential uses. The mobile homes would not, be permanent; just for the sons to live there if they want to. Mr. Youren has his own well, he will have to get approval for aL septic tank from thee Health District. The Planning and Zoning Commission recommendation stated, "Recommended approval of a variance from the subdivision ordinance requested by Gene Youren to obtain building permits for 3 mobile homes in the 3400 block of East Chicago. Property is zoned M -1 with a "T" mobile home overlay." MOVED by Betts, SECONDED by Mallea that the variance be granted with the conditions that Mr. Youren would not separate ownership, will grant a right of way, hook. to the sewer and water when available. Book 24 MOTION CARRIED (REQUEST BY WATER SUPERINTENDENT ON METER CHANGE) Page 239 The Mayor stated that he would mention this item to the City Council for their study. It would be brought before the Council at the next Regular Meeting at which time the Water Superintendent would be present to answer questions. (PRESENTATION OF DEED) The City Engineer, Ron Redmond, presented a Warranty Deed for acceptance by the City Council. Mr. Redmond stated that this was the final result of an ongoing problem and there was a court decision that established the right of way or what could be considered right of way on Gray Lane which documented right of way was only that which was the physical travel way. In order to get proper and adequate access off Gray Lane to some property that was possibly going to be subdivided in the future, the Deed was received to dedicate adequate right of way for Gray Lane and for a half width of Lincoln Street. The Warranty Deed was submitted by C. H. Yadon and Ruth Yadon. Mr. Redmond further recommended acceptance from the City Council at this time. MOVED by Raymond, SECONDED by Cowles that the Warranty Deed be accepted and the City Clerk instructed to have the Deed recorded. MOTION CARRIED (DISCUSSION WITH JOHN CONNOLLY ON INDIAN CREEK SIDEWALK PROBLEM) The City Attorny, John Connolly, was recognized by the Mayor. Mr. Connolly was present at the Council Meeting to discuss the Indian Creek sidewalk problem. Mr. Connolly stated that this problem began sometime in April with a request from the City Engineer regarding the sidewalk located at the intersection of Kimball and Blaine. Mr. Connolly went on to explain the background on this situation. There was an existing sidewalk in front of a parcel of property at this corner that has been there for approximately fifty years. The sidewalk was built over Indian Creek and has some structural foundation underneath it which due to age, the type of materials used in its construction and possibly due to the traffic over it, is causing the situation to be unsafe. Mr. Connolly went over at some length the research his office had conducted with regard to the problem. Under the Caldwell City Code, Title VIII, Chapter 1, Section 2, it requires the City Council to pass by Resolution passed by two - thirds majority an order stating that the City is requiring the sidewalk to be replaced or repaired and directing that the owner do that within sixty days. The Code does on to state that if the property owner does not repair the sidewalk after receiving such notice, that the City shall do something - and Mr. Connolly interpreted that to mean mandatory. Mr. Connolly further went over in detail the facts regarding their request to the State for help and also the property owner who claims that the City should do the repair work. In Mr. Con.nolly`s last opinion to Mr. Redmond, he stated that if the City was going to go ahead and do something about this situation that the City Council will have to pass the Resolution. Once the Resolution was passed, the property owner has sixty days to do something about it. If he does not do anything about it, the City must go ahead and repair the sidewalk and bill the property owner for the expense of doing it. If he does not pay it, the City can attach a lien to his property and collect it as if it were delinquent taxes. Mr. Redmond also informed the Cite Council that the condition was getting worse and progressing in a more rapid rate than previously. Something should be clone with the sidewalk as soon as possible as it could collapse. His Department went under the building again about four weeks ago and could see significant changes in that it was settling quite rapidly. Book 24 Page 240 The City Council, City Attorney, and Mayor discussed this problem at some length. The gape covering this discussion is on file in the Office of the City Clerk. MOVED by Mallea, SECONDED by Raymond that the City Council authorize the Mayor to write a letter to the property owner to inform them that the City Council intends to pass a Resolution at the next Regular City Council Meeting demanding that they either replace the sidwalk within the stipulated time or the City will do so and charge it to them unless some agreement is reached within the week. Roll call vote. Those voting yes: Mallea, Betts, Cowles, Raymond, L. Carter, J. Carter. '.Chose voting no: none. Absent and not voting: none. MOTION CARRIED (COMMITTEE REPORTS) Councilwoman Mallea reported that she attended the Library Board meeting and she was sure all were aware that Elaine Leppert was appointed Director. She also attended the Crime Stoppers and they are planning to have a meeting in conjunction with the other area police and management of the program. Councilwoman Mallea also encouraged everyone to prepare something for the time capsule. Councilman Cowles informed the City Council that he was giving them a copy of a memo from the City Employees Association regarding vacation schedules and would ask that -they look it over. He would hope that the Council could address this request before the end of the :year. Councilman Cowles also reported that the next day at noon at the Asia Restaurant, four of the City Council candidates were going to speak to the Optimist Club. Councilman Betts presented the proposed sign for the Stadium Complex. The Stadium Board was pleased with it and planned to go forward with it. (MAYOR'S COMMENTS) The Mayor presented the following Resolution that was discussed at a previous meeting: WHEREAS, The City Council authorized the Mayor of the City of Caldwell by Resolution 24 -82 to execute an Agreement with Wilson - Crowder to prepare plans and specifications for remodeling and adding to the old Idaho first National Bank Building and the Police Station, and; WHEREAS, The City Council and the Mayor desire to have the Architect, Tom Wilson, perform the ministerial duties as to bidding out work on the Police Station remodeling project, and; THEREFORE, BE IT RESOLVED That Tom Wilson, the Architect for this project, be authorized the specific responsibilities of bidding on this project according to State Code including preparing specifications, publications, notification, bid bonds, and reviewing the bids and bring a recommendation back to the City Council as to whether or not the bid meets the specifications and the award to then be made by the City Council. MOVED by Raymond, SECONDED by L. Carter that the Resolution be passed as presented by the Mayor. Roll call vote. Those voting yes: Raymond, L. Carter, J. Carter, Mallea, Betts, and Cowles. Those voting no: none. Absent and not voting: none. MOTION CARRIED Book 24 Page 241 There being no further business, the Meeting was adjourned at 1:20 p.m. APPROVED AS wri tte n November , 3983. THIS 1st DAY OF Mayor 'G .Clpe sow person City Clem