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HomeMy WebLinkAbout1988-11-21city council minutesBook 29 Page 259 REGULAR MEETING November 21, 1988 7:30 p.m. The Meeting was called to order by Mayor Peter B. Cowles. 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, Jarboe. Absent: Straight. The President of the City Council, Jack Raymond, reported that Councilperson Straight was ill tonight and unable to attend the Council Meeting. (ADDITIONS TO THE AGENDA) Mayor Cowles reported that there was one deletion to make to the Agenda at this time. Item No. 5, Bill No. 28, would not be presented at this Meeting. Councilman Raymond stated that the City Council received a letter from the Country Commissioners and the Fair Board requesting action by the Council with regard to the Fair Building. Mr. Raymond requested that this item be added to the Agenda. MOVED by Raymond, SECONDED by Winder that discussion pertaining to the Fair Building be added to the Agenda. MOTION CARRIED The Planning and Zoning Director informed the Mayor that she had received three Deeds that: she would like to have presented at this Meeting. MOVED by Raymond, SECONDED by Houchins that the Deeds as requested by the Planning and Zoning Director be added to the Agenda. MOTION CARRIED (AUDIENCE PARTICIPATION) Mayor Cowles asked if there was anyone in the audience who cared to address the City Council at this time on any item that was not on the prepared Agenda. As there was no one the Mayor declared that the Meeting would continue as outlined. (CONSENT CALENDAR) The Mayor stated that there was two items on the Consent Calendar for this Meeting. The first was to dispense with the reading of the minutes of the Regular City Council Meeting of November 7, 1988, and approve them as written. The second item was consideration of a Catering Permit for Northwest Food Service to cater for I.D.B.A. at the College of Idaho on the 16th of December. The Chief of Police has given his approval, the fee has been paid. MOVED by Raymond, SECONDED by Jarboe that approval be given to the Consent Calendar as presented. Roll call vote. Those voting yes: Raymond, Winder, Houchins, Mallea, and Jarboe. Those voting no: none. Absent and not voting: Straight. MOTION CARRIED Book 29 OLD BUSINESS NEW BUSINESS Page 260 (PUBLIC HEARING ON COMPREHENSIVE PLAN CHANGE REQUESTED BY I.O.O.F. FOR A THIRTY UNIT ELDERLY HOUSING COMPLEX ON LOGAN WEST OF SUNSET SUBDIVISION.) The Mayor explained the State Law which requires that anyone interested in speaking during this Public Hearing must sign up to do so. He further stated that he would not ask the City Council to set a time limit for those speaking as there was only several who had signed to speak. If anyone did continue to speak beyond the reasonable tame, he would ask them to finalize their remarks so others could speak. Mayor Cowles then opened the Public Hearing. Mr. Hal Hogan, Box 1101 of Nampa, was recognized by the Mayor. Mr. Hogan explained that he was working with the Odd Fellows to develop their retirement center in Caldwell. He continued stating that a survey indicated that this type of facility was badly needed. There was many people of low income status who needed a place to live. H.U.D. has given them permission and approved a loan provided that the proper zoning was secured. Mr. Hogan further explained where the facility would be located and their building plans.. The Odd Fellows request was for a million dollar loan from H.U.D. which will take about forty years to pay back. This money will go directly into Caldwell's economy. Mr. Hogan further said that he appreciated several people's concern with regard to their view being obstructed. There was duplexes that were taller than this planned project and the Odd Fellow's unit would be recessed into the hillside as low as possible. Omar Crawford of Caldwell was recognized by the Mayor. Mr. Crawford stated that he lived right back of where this building was supposed to be built. He said that it was not so much the height of the building as it was the length of the building that concerned him. At this time, there was very little traffic on his street and with the project, there would be a lot of extra traffic. Mr. Crawford further asked if there would be a fence around the unit. Keith Talbert, 1516 Sunset of Caldwell was recognized. Mr. Talbert discussed at some length his concerns pertaining to the change in the zoning. He felt that once the change was enacted, it would become easier "to continue to approve the change in the Plan from low density residential to high density residential. There was also concerns that the Odd Fellows would add more units in the future which would add even more traffic in the area. Mr. Talbert's presentation also included objection to the fact that the view would be restricted if the unit was constructed. The tape of this Council Meeting is on file in the Office of The City Clerk for a period of six months and is available to anyone. Larry Bidiman, 1512 Sunset, was recognized by the Mayor. Mr. Bidiman stated that his basic concerns were the same as Mr. Talbert. He was particularly concerned with the change from R -1, low density, to R -3, high density. Mr. Bidiman further said that once the change was made, it generally continued moving in that direction. The Mayor asked Mr. Hogan if he cared to respond to some of the concerns expressed by the four gentlemen. Mr. Hogan stated that he did not think the project would increase traffic on Sunset. He also said that if a developer bought the same land and houses were built, there would be a lot more cars. Seniors would not create a traffic problem as most of them did not even drive. With reference to more units being built, they had no idea if the Government would ever approve more units. It took many years to just get this project going. There would probably be a chain link fence built. Mr. Hogan further said that the good of thirty people Book 29 Page 261 who can't afford a decent place to live should be given some preference over what two or three people say about their view. It would be landscaped nicely with grass with no more weeds and old fences. As there was no one else to speak, the Mayor closed the Public Hearing and asked for comments from the City Council. There was some discussion regarding a comment made by one of the speakers that he did not receive notification of the meeting. There was some concern as to whether this Hearing would be valid if all did not receive the notice. Councilman Winder stated that the gentleman's attendance at the Hearing and having the opportunity to express his views would make the meeting a valid one. The Planning and Zoning Director also reported that the law does not require individual notification. After further discussion, it was MOVED by Raymond, SECONDED by Winder to take the matter under advisement and Findings of Fact be prepared after which a Resolution would be prepared. There was further discussion. Councilman Winder pointed out that the Findings of Fact and the Conclusions are based on the determination that the Council makes. The Facts would not necessarily relate to the decision made. The Council needs to make a determination and then the Findings of Fact and Conclusions have to support the Council's decision. The Mayor requested that Councilman Raymond reword his motion with the approval of the second, to reflect the testimony as submitted by the City Council. Councilman Raymond stated that he would be willing to withdraw the complete motion. The second, Councilman Winder agreed to this action. MOVED by Raymond, SECONDED by Houchins that the Staff be directed to draw Findings of Fact and Conclusions of Law which would support the position of the City Council which supports the Planning and Zoning Commission's decision to amend the Comprehensive Plan which would allow the project to proceed. Roll call vote. Those voting yes: Raymond, Winder, Houchins, Mallea, and Jarboe. Those voting no: none. Absent and not voting: Straight. MOTION CARRIED (PUBLIC HEARING ON REQUEST TO VACATE BROCK AVENUE BETWEEN HAZEL AND ASH STREETS) Mayor Cowles asked again if there was anyone else who cared to sign to speak during this Hearing. As there was no one the Mayor informed the Council that there was one person requesting to speak. The Mayor opened the Public Hearing and called on Erik Dry, 710 West Ash, the one person on the list. Mr. Dry stated that he lived adjacent to the property in question and he felt it could be taken care of better and cleaner by moving the fence out and putting yard in. At this time, it was a garbage dump, full of weeds, and kids park and drink in the area. He believed it would be easier to take care of if the vacation was approved. The Planning and Zoning Director prepared the following memo pertaining to the request: An application has been. received from Erik Bry and Mary Bry, 710 West Ash; John Henry, 711 West Hazel; and Mery and Betty Flaming, 724 West Ash, to vacate the portion of Brock Avenue lying between Ash and Hazel Streets. The street was platted in the West Ash Addition in 1966 and has never been opened. The procedure for vacating plats or parts thereof is found in 1306A, Idaho Code. Boole 29 Page 262 The circumstances of this request: as stated in the petition are that the unopened street collects trash and weeds, is dusty and teenagers park there and drink. Also noted by staff is that Brock is a side street to the residences which all face on Ash and Hazel (there is one undeveloped lot but it appears that a house built on that site would also front on Hazel), so it is unlikely the street w i l l be opened and improved. Written notice of public hearing on the petition has been given by certified mail to all property owners within 300 feet of the boundaries of the area and notice of public hearing has been published twice in the Idaho Press Tribune. Staff has made an inspection of - the site and has indicated that the following should be done if the vacation is approved: 1. Completion of curb and gutter along Ash Street at the expense of the applicants. 2. Removal of catch basins and existing radii on Hazel and completion of curb and gutter at applicants' expense. 3. Obtaining of a 16 to 20 -foot easement crossing the center of the right of way east /west for future sewer extension. 4. Maintenance of easement rights for Mountain Bell aerial facilities. 5. Division of property such that each adjacent property owner receives 1/2 of the vacated 50 -foot right of way. Mayor Cowles closed the Public Hearing and asked for discussion from the City Council Members. Councilwoman Mallea asked Mr. Bry if he understood the easement rights. Mr. Bry stated that he did. It was then MOVED by Mallea, SECONDED by Winder that the proper papers be prepared to allow the vacation of Brock Avenue. Roll call vote. Those voting yes: Mallea, Jarboe, Raymond, Winder, and Houchins. Those voting no: none. Absent and not voting: Straight. MOTION CARRIED (BILL NO. 26 - VACATION OF WAREHOUSE WEST OF KIT) The Mayor stated that the next item under New Business was Bill No. 26, the vacation of Warehouse west of Kit. He asked Councilman Winder to read Bill No. 26 by title only as follows: AN ORDINANCE RECITING PETITION FOR VACATION FOR RECITING APPROPRIATE NOTICE THEREFOR WAS GIVEN; DETERMINING THAT VACATION OF A PORTION OF WAREHOUSE STREET IN CALDWELL, CANYON COUNTY, IDAHO, DESCRIBED BELOW, SHALL BE MADE; AND DETERMINING THAT SAID VACATION IS IN THE BEST PUBLIC INTEREST FOR THE CITY OF CALDWELL, IDAHO: MOVED by Raymond, SECONDED by Houchins to suspend the rule requiring that a Bill be read at: three separate times and that Bill No. 26 be read by title only for the one reading. Roll call vote. Those voting yes: Raymond, Winder, Houchins, Mallea, and Jarboe. Those voting no: none. Absent and not voting: Straight. MOTION CARRIED MOVED by Raymond, SECONDED by Jarboe that Bill No. 26 be passed and entitled Ordinance No. 1796. Roll call vote. Those voting yes: Raymond, Winder, Hook 29 Page 263 Houchins, Mallea, and Jarboe. Those voting no: none. Absent and not voting: Straight. MOTION CARRIED (BILL NO. 27 - VACATION OF PART OF RIVERSIDE BETWEEN RODEO AND ROEDEL) Mayor Cowles requested that Councilman Raymond read Bill No. 27 by title only as follows: AN ORDINANCE RECITING PETITION FOR VACATION AND RECITING APPROPRIATE NOTICE THEREFOR WAS GIVEN; DETERMINING THAT VACATION OF A PORTION OF RIVERSIDE STREET IN THE CITY OF CALDWELL, CANYON COUNTY, IDAHO, DESCRIBED BELOW, SHALL BE MADE; AND DETERMINING THAT VACATION OF SAID FOLLOWING DESCRIBED PROPERTY IS IN TBE BEST PUBLIC INTEREST FOR THE CITY OF CALDWELL, CANYON COUNTY, IDAHO: MOVED by Raymond, SECONDED by Houchins to suspend the rule requiring that a Bill be read at three separate times and that Bill No. 27 be read by title only for the one reading. Roll call vote. Those voting yes: Raymond, Winder, Houchins, Mallea, and Jarboe. Those voting no: none. Absent and not voting: Straight. MOTION CARRIED MOVED by Raymond, SECONDED by Houchins that Bill No. 27 be passed and entitled Ordinance No. 1797. Roll call vote. Those voting yes: Raymond, Winder, Houchins, Mallea, and Jarboe. Those voting no: none. Absent and not voting: Straight. MOTION CARRIED (RESOLUTION TO AUTHORIZE THE MAYOR TO EXECUTE RIGHT OF WAY CERTIFICATE FOR PROJECT M- 7963(016) REGARDING THE TRAFFIC SIGNALS AT INTERSECTION OF LINDEN STREET AND CLEVELAND BOULEVARD) The Mayor read the following Resolution: WHEREAS, the City of Caldwell and the State of Idaho intends to construct traffic signals at intersection of Linden Street and Cleveland Boulevard under Federal -aid Highway Project No. M- 7963(016); and WHEREAS, federal funds for the improvement depend upon compliance with federal and state laws governing procurement of right of way; and WHEREAS, the City of Caldwell has complied with the aforesaid laws and regulations in procuring right of way for Federal -aid Highway Project No. M-- 7963(016). NOW, THEREFORE, BE IT RESOLVED: 1. That the Mayor is authorized to execute a RIGHT OF WAY CERTIFICATE certifying that the aforesaid laws have been complied with. 2. That copies of the executed certificate shall be furnished to the Idaho Transportation Department, Division of Highways. MOVED by Jarboe, SECONDED by Mallea that the Resolution be passed authorizing the execution of the Right of Way Certificate for Project M- 7963(016). Roll call vote. Those voting yes: Jarboe, Raymond, Winder, Houchins, and Mallea. Those voting no: none. Absent and not voting: Straight. MOTION CARRIED (NO MOWER WEED CONTROL AGREEMENT) Look 29 Page 264 Mayor Cowles stated that the next item was with regard to the No Mower Weed Control Agreement at the Airport. The Mayor asked the Airport Manager if he had any comments pertaining to this item. Mr. Olson said that he did not, but would be answer any questions that the City Council might have. Councilwoman Mallea remarked that an opinion was received from the City Attorney with the options that were available concerning this item. The Council was satisfied after the Attorney's opinion that it was possible to terminate this Agreement without peril or problems to the City. MOVED by Mallea, SECONDED by Houchins to allow that this Agreement be dissolved at the present time and that the weed control be put to bid. MOTION CARRIED (DECISION ON CITY OWNED HOUSE AT 1108 KIMBALL) The Mayor explained that there was some concerns expressed by the Building Inspector and the Fire Department. Background information was presented to the City Council Members by the Administrative Assistant with several options offered. At this time, Mayor Cowles requested action from the City Council. MOVED by Raymond, SECONDED by Mallea that Staff's recommendation No. 2 to rewire the house and install base board heaters throughout which could be done at an approximate cost of $800 - $1,400 for rewiring and $560 for heaters and would address the Fire Department's concerns; if the chimney is not used, it can be sealed and does not need replacement or repair. Councilwoman Mallea explained the reason the City was renting this particular house. Councilman Raymond also suggested that since the house would be improved, the Staff should look at the value of the rental to see if the City was charging the proper amount. The Mayor asked Staff to take note of this and make this evaluation in the spring. The Administrative Assistant, Teri Brandt, informed the City Council that a motion should also be presented designating that the money for this project should come out of Contingency. The Mayor asked for action on the motion as stated and suggested that the City Council make another motion pertaining to the funds. MOTION CARRIED MOVED by Houchins, SECONDED Winder that the monies for this project come out of Contingency funds. Councilman Winder stated that he would like to see the amount of the figure left open. When the contractor begins the work, he may find some repairs that need to be completed. If the amount is left open, that repair could also be done. After some discussion, it was agreed by the City Council Members that the Mayor would be allowed to determine the amount of money spent on this project. The Mayor asked for a roll call vote. Those voting yes: Houchins, Mallea, Jarboe, Raymond, and Winder. Those voting no: none. Absent and not voting: Straight. MOTION CARRIED (BILL NO. 25 - AMEND CITY CODE TO REQUIRE BARTENDER'S PERMITS) The Mayor asked Councilman Raymond to read Bill No. 25 by Boole 29 title only as follows: Page 265 AN ORDINANCE TO AMEND TITLE IV OF THE MUNICIPAL CODE OF THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO, BY ADDING THE FOLLOWING WHICH WILL BE DESIGNATED AS CHAPTER 24 OF SAID TITLE IV REGARDING BARTENDER'S PERMIT: PROVIDING BARTENDER PERMIT FEE; QUALIFICATIONS; POSSESSION OR DISPLAY; APPLICATION; UNLAWFUL EMPLOYMENT; RIGHT TO INSPECT; REVOCATION OR SUSPENSION; HEARING ON REVOCATION OR SUSPENSION OF LICENSE; FEES; TEMPORARY LICENSE; BARTENDER DEFINITION; EXCEPTIONS: REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH. Councilman Raymond reminded the City Council that this was an Ordinance that was talked about all summer. It was requested as a tool by the Police Department to help them when there was incidents at a bar. This would provide the Chief of Police with a tool to solicit the support of the bartenders in determining the cause of those problems. It was felt that by having the permits and the City having the ability to suspend the permit and individuals denied their employment for a period of time, it would serve as a tool to the Department. Mr. Raymond continued stating that the Committee selected to study the possibility of this Bill met with the barowners many times. The original document was quite long, but was simplified to what was presented at this time. The barowners were reasonably comfortable with the requirement. One of the things the Committee wanted to include in the Bill was an extended education process on State and local liquor laws. This will be left up to the individual bars initiative to provide for their employees. The Chief of Police was present at the meeting and stated that he would answer any questions the Council might have. Councilman Raymond further said that he would like for the City Council to consider this the first reading. The City Attorney was reviewing the final copy and hopefully, they would have his comments by the next City Council Meeting. The Mayor declared this to be the first reading of Bill No. 25 and requested that anyone with comments pertaining to this Bill submit them to his Office. The Bill would be considered on December 5, 1988, the next Regular Meeting. Councilwoman Mallea was recognized and stated that she did not feel the fee of $2.50 was high enough for the permit. There was also no charge for requesting a temporary permit. Her suggestion was that the annual fee be raised to at least $10.00 and the temporary permit fee be established at $5.00. Councilman Raymond commented that there was a $10.00 fee when they first discussed the permit. The pizza establishments in town use a number of college students, have many who only work one or two nights a week and they felt this higher fee would hurt their market for employees. The Chief of Police agreed that the lower fee would be adequate. MOVED by Mallea, SECONDED by Jarboe that the annual fee for a - bartender's permit be $10.00 and the temporary permit be $5.00 and the money to go to the Police Department. Councilman Winder stated that it would seem to him that if a Committee was selected to study this matter and spend a great deal of time in developing the Bill that the City Council should support their recommendation. The Mayor then asked for a vote on the motion was stated. MOTION DENIED Book 29 Pace 266 The Mayor pointed out that the vote was three voting no and two voting yes. (DISCUSSION REGARDING THE FAIR BUILDING) Mayor Cowles explained that the Canyon County Fair Board has requested that the City of Caldwell take over the management of it's Fair Building at the Caldwell Event Center. There was a proposal submitted by the Canyon County Commissioners dated November 1, 1988, and also a Staff memo dated November 17, 1988. The Mayor then asked Councilman Raymond to address this addition to the Agenda. Councilman Raymond addressed the Council stating that he would ask them to indicate what their feeling was with respect to either assuming the management of the Fair Building under the umbrella or if they have no interest in that. He further stated that he talked with a couple of Fair Board Members within the last week and they would like to have some indication as to which way the Council intends to proceed. Although he realized that the proposal was not perfect and all of the figures may not be acceptable to Council, he would like for the City to at least indicate their feelings. Mr. Raymond further said that he favored the City assuming the management of the building and allowing the Mayor to negotiate with the Pair Board or the County Commissioners if the Council would agree to that direction. The Manager of the Complex has indicated that he could assume the extra responsibility and in fact, he believed it would make his job easier to know what was scheduled in that building. MOVED by Raymond, SECONDED by Jarboe that the Mayor be given the authority to negotiate with the Canyon County Fair Board or the County Commissioners to :include the Fair Building under the Caldwell Events Center management. MOTION CARRIED The Mayor requested that the Council Members present to him written concerns regarding the presented proposal. ( FINANCIAL REPORT) Councilman Winder reported that the Accounts Payable were in the amount of $564,447.26; Payroll in the amount of $197,844.14 of which $67,678.33 was fringe benefits making a grand total of $829,969.73. MOVED by Winder, SECONDED by Houchins to accept the Financial Report, the bills paid, and the vouchers filed in the Office of the City Clerk. MOTION CARRIED (DEEDS AND EASEMENTS) The Planning and Zoning Director presented several Deeds for acceptance by the City Council. The first was from the Riverside Irrigation District, LTD. which provides right of way for W. Elgin Street extended. This will allow the City to complete the action on the rezoning of some property that lies near Centennial Way and Chicago Street. Mrs. Robison also presented two Deeds from John and Alice Hull which should complete the rights of way for cul -de -sacs in the development on East Maple and East Walnut. Councilwoman Mallea commented that she did go out to view Mr. Hull's street and cul -de -sac at his personal request. She reported that the job was beautiful and everything was completed. MOVED by Mallea, SECONDED by Houchins to accept the Deeds as presented and instruct the City Clerk to have them recorded. Book 29 (COMMITTEE REPORTS) Page 267 MOTION CARRIED Councilman Raymond reported that those who did not attend the Chamber Noon Breaker that morning missed a good program. Councilwoman Mallea commended everyone involved in the Veteran's Day stating that is - was very nice. She also reported that she attended the opening of the Emporium that morning. Mrs. Mallea also informed Council the activities ongoing at the Events Center. The Mayor also remarked on how well the Chamber's program for Veteran's Day. (QUESTIONS AND ANSWERS) The Mayor asked if there was any questions from the audience at this time. No one from the audience requested to be heard. There being no further business, the Meeting was adjourned at 9:05 P.M. APPROVED AS w ritten THIS 5t11 DAY OF D ecember r 1988. Mayor / 'Counc 1 on Co �.,c' 1p rs CoPi 1pe son CouiaUilperson Councilperson Councilperson ATTEST: City Clerk