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HomeMy WebLinkAbout1980-12-02city council minutesBook 21 Page 366 REGULAR MEETING December 2, 1980 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: Williams, Raymond, Mallea, IIopper, Carter, and Betts. Absent: none. (APPROVAL OF MINUTES) MOVED by Williams, SECONDED by Hopper to dispense with the reading ' of the minutes of the Regular City Council Meeting of November 18, 1980, and the Regular City Council Meeting of'No.vember 25, 1980, 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 at this time that was not on the prepared Agenda. Since there was no one, the Mayor declared that the Meeting would continue as outlined. OLD BUSINESS (SECOND READING Or BILL NO. 34; AMEND CODE WITH REGARD TO FENCES) The Mayor stated that this was to be the second reading of Bill No. 34 amending the City Code with regard to fences: The Mayor then read Bill No. 34 by title only as follows: AN ORDINANCE TO AMEND TITLE VI, CHAPTER 3, SECTION 1(D)3 OF THE MUNICIPAL CODE OF TII:E CITY OF CALDWELL, STATE OF IDAHO, REGARDING ZONING REGULATIONS BY DELETING AND ADDING CERTAIN LANGUAGE PERTAINING TO FENCES, WALLS AND IIEDGES; AND REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITK. The Mayor then declared this to 'be the second reading of Bill No. 34. (USER'S FEE FOR PATROLLING THE BARS) The Mayor stated that this item was discussed at some length during the noon meeting. The idea was to charge a user's fee to bars that were excessive with their problems. The Mayor informed the Council that it cost the City of Caldwell $100.00 each time a call came with regard to a problem at a bar as they send out two cars with each call. The Mayor explained that this charge would be for only those places who abuse the privilege of having the police protection. A public hearing will be scheduled to discuss this user's fee and all of the businesses involved will be invited. NEW BUSINESS (FINAL PLAT OF EDDINS ADDITION) The Mayor called on the City Engineer, Mr. Lewis, to present the final plat of Eddins Addition. Mr. Lewis explained that this involved nine lots on the corner of Meadow, Ash, and Hazel. It was a block that has been vacant except for a large house on one lot. One building permit has already been issued on one of the other lots. The Planning and Zoning Commission recommended that the City Council approve the Final Plat subject to all of the stipulations attached to the Preliminary Plat concerning sidewalks, the irrigation system approved by Pioneer Irrigation District; the sewer was there and the water. Mr. Lewis informed the Council that he would recommend approval of the Final Plat of Eddins Addition. Book 21 Page 367 MOVED by Raymond, SECONDED by Mallea that approval be given for the final plat of Eddins Addition as recommended by the Planning and Zoning Commission subject to stipulations as mentioned by the City Engineer. MOTION CARRIED (PRELIMINARY PLAT OF SOUTHDALE TOWNHOUSES) The Mayor again asked that Mr. Lewis, City Engineer, present the Preliminary Plat of Southdale Townhouses. Mr. Lewis pointed out this area on a map for the Council's benefit. The part that was to be divided into the'Townhouse was to remain under one ownership and will be served by sewer and water. The Plat primarily concerns lots two through ten. The Plat anticipates deeding off the other ten feet to make a half forty for Montana that the City has required previously on all plats on Montana. The Planning and Zoning Commission approved the Preliminary Plat subject to the City Engineer's report. Mr. Lewis then read the report as follows: Approval has been given for a special use permit on August 16, 1979, (renewed September 3, 1980) for forty -nine units originally to remain under one ownership. The plat will permit separation of ownerships of Lots 2 through 10 under the P.U.D. requirements. City sewer now serves all of the lots. The water main extension policy will not apply as the developers have assumed the total cost of the water main extension required to serve all of the lots. An easement has been provided for all water system facilities to be maintained by the City. A separate meter will be required for each ownership. The public street adjacent (Montana Avenue) has already been improved with curb, gutter and sidewalk and filling in of the pavement. The variance procedure permitted by the subdivision ordinance will be required for narrow lot frontage, lot areas and frontages of lots on private driveway. All of the site improvements requirements approved in the special permit shall apply to Lots 2 through 10. Recorded documents approved by the City will be required for all common interest and areas. It was the recommendation of Mr. :Lewis that the City Council approve the Preliminary Plat of Southdale Townhouses subject to the stipulations set forth in the Engineer's report. MOVED by Hopper, SECONDED by Betts that the Preliminary Plat of Southdale Townhouses be approved subject to those stipulations set forth in the City Engineer's report. MOTION CARRIED (VACATION OF PART OF LASTER LANE) Mr. Lewis was requested by the Mayor to give an explanation with regard to the request for a vacation of part of Laster Lane. Mr. Lewis pointed out this area on a map for the City Council. Laster Lane was located in the Happy Day Business Center and the vacation was requested by Duane Wolfe. The alignment was changed in platting the area and the County has brought up that under approval of the Plat was the stipulation that the part of Laster Lane not now needed should be vacated in order to clear the title for a part of the property so it can be conveyed. This proceeding was to vacate that particular area and the application was submitted by Duane Wolfe for the vacation. Mr. Wolfe has agreed in the application that he will pay for all of the proceeding. The point of action for the City'Council at this time would be to proceed with the legal hearing that was required for vacation of any right of way. Book 21 Page 368 MOVED by Raymond, SECONDED by Carter that a Public Hearing be set for December 16, 1980, with regard to the vacation of a part of Laster Lane. MOTION CARRIED (VACATION OF PART OF NORTH OHIO) Mr. Lewis was recognized to present the request for a vacation of part of North Ohio. Mr. Lewis pointed this area out on a map for the City Council and explained that it was a section of North Ohio Avenue on Canyon Hill South of Nixon. The old plat shows half of North Ohio platted over the rim of the hill and there was no point in it going that way. first of all it does go down over the hill and secondly, it does not serve any properties. Mrs. Cerva had submitted the application for the. vacation. No properte's other than the Cerva's would be served by North Ohio and there was an agreement, which Mr. Lewis stated he would turn over to the City Attorney, between two of the property owners as'to how they want it divided. Mr. Lewis further commented that he could not see why the vacation proceedings could not be started subject to that agreement and subject to the City Attorney's approval. The Planning and Zoning Commission recommended that this part of North Ohio be vacate subject to City's rules regarding hearings and subject to those requesting the vacation paying all of the costs. Mr. Lewis informed the Council that the next order of business would be to set the hearing date with regard to this requested vacation. The Mayor then declared December 16th as the date for the hearing on this vacation. (RECOMMENDATION FROM PLANNING AND ZONING TO ADD CERTAIN PROPERTIES TO "AP" AIRPORT OVERLAY ZONE) Mr. Lewis explained that the Planning and Zoning Commission recommended that the City owned property northwesterly and southwesterly of the Airport, the Braun- I- iarris property, Caldwell Interstate No. I Subdivision, proposed Industrial Site No. 5 subdivision, and the Mountain Bell property on Commercial all be added to the "AP" Airport Overlay Zone. Mr. Lewis pointed these areas out to the City Council on a map,and recommended that the City Council set a "Public Hearing for this procedure. The Mayor then declared that a Public Hearing would be set for December 16, 1980, with regard to adding certain properties to "AP" Airport Overlay Zone. Some discussion followed with regard to what other areas by the Airport should also be added to the "AP" Airport Overlay Zone. Mr. Lewis explained that the Planning and Zoning Commission has been busy and could only consider the areas as they had the time. He also pointed out that there was properties out there that were within the County and not the City and he was not sure how they should be handled. The Mayor stated that he would talk with Mr. Ottens and try to clarify the situation with regard to the properties within the County. (CATERING PERMITS) The City Clerk presented two catering permits for approval. Both Permits were requested. by the Cimmaron to cater for the Eagles; one on the 13th of December and the other for the 31st of December. The Chief of Police gave his approval for both request: and the fee was paid to the Office of the City Clerk. MOVED by Carter, SECONDED by Williams that approval be given for the two Catering Permits as submitted by the City Clerk. MOTION CARRIED (UNION PACIFIC LEASE) The Mayor informed the City Council that he would pursue the lease with the Union Pacific. This was with regard to the lease on the ri of way behind th-e Stadium. The Union Pacific has requested that the lease be for a twenty-five year period at a cost of $1,165.00. Book 21 (COMMITTEE REPORTS) Page 369 Councilwoman Williams reported that the Stadium Board met and the meeting was a matter of information. Their meeting for December was cancelled. She also reminded the Council of the annual meeting of the Senior Citizens scheduled for Monday at 9:30 a.m. This meeting was required by their Bylaws. The following Wednesday was their food auction. Councilman Betts stated that he attended the Golf Board Meeting and they seemed to be pleased with everything. They were planning to put in new carpet at Purple Sage. Councilman Hopper reported that the Parks and Recreation Commission met the night before. The Wilson Park Project was completed and they want to plant four trees next to Linden Street. Mr. Payne, the Park's Superintendent, was pleased about the fact that they did not spend the $12,000 which was expected. Councilman Hopper felt that this should be a matter of recognition for a job well done. Mr. Payne also reported with regard to the parks in the City. One comment of interest was that the 1981 budget was the same as 1974. The only reason Mr. Payne felt that they have survived with the lesser dollars was the fact that they have mechanized substantially. Mr. Payne also informed the Commission that a tree census was completed covering all the elm trees in Caldwell. The purpose for this was that the City was planning to charge for the spraying of the elm trees. They found nine hundred trees that could be assessed. The question was raised as to how this charge would be collected. Councilman Hopper also informed the Council that a new idea came from the two high school students on the Board. They were interested in using the downtown golf course for a cross country ski trail. Their idea was to use the perimeter of the course so there would be no damage to the course and particularly the greens. The Mayor had talked with some of the Golf :Board people and had secured clearance. It was hoped that they could bring in some trained people to handle this new program. Councilman Raymond was recognized and stated that he would like to respond with regard to Councilman Hopper's comment regarding the saving of money on the Wilson Park Project. He did not feel that everyone was in agreement with this. There was some shortcuts taken that perhaps lessened the potential or value for the facility as far as the tennis courts were concerned. The Mayor commented that the seal on the courts was not as even as it should be. Councilman Hopper answered that it was not hindering the play on the courts and that only a professional might be able to see that it was not as even as it should be. Councilwoman Mallea reported that she attended the Library Board Meeting and their audit was submitted and approved. They were still having trouble with the doors as they had not been able to get the parts necessary to repair them. She also reported that the Library did get the two CETA people. Councilwoman Mallea said that she should also mention that Mrs. Dunlap cut the rope to open the new McDonald'•s Restaurant and after the opening was presented the rope which was made of five dollars bills. This money was to be used in the Oral History Program. (MAYOR'S REPORT) The Mayor reported that there will be a Board Meeting of Pioneer Irrigation District on December 8th at 3:00 p.m, to iron out any problems that there might be in the coming year. The Secretary from the Chamber of Commerce called him and said that she had a group that was interested in doing something for the down town area and she would request that they do something in the way of decorating the tree in the downtown area to make it more colorful. The Mayor also said that he had a project that he had mentioned on several occasions that he would like to pursue further. There Book 21 Page 370 has been no street lights put in for some time and it was fairly certain that the City of Caldwell was not going to be able to do so. The Mayor's suggestion was to form lighting districts throughout the City where the individual would be assessed for their lighting. There was a lot of areas in town that .needed to have lighting. One concern would be whether Idaho Power would be able to put that many lights in at one time. Actually, it would be similar to a user's fee. There would be a great deal of research necessary with regard to legilities, the Idaho Power, and etc. Councilman Betts stated.that the Golf Course would like to have the light that was discussed previously. Councilwoman Williams also mentioned that the street light out in front of City Hall was out and the Mayor informed her that he would take care of it. The Mayor also informed the Council that both he and Councilwoman Williams would be riding in the Christmas Parade at 11:00 a.m. on Saturday. Mr. Deringer had agreed to drive the Mayor and Councilwoman Williams in one of his antique automobiles. The Mayor further said that he had been chosen as the Marshal for the Parade and would present the trophy to the best entry. There being no further business, the Meeting was adjourned at 8:30 p.m APPROVED AS written THIS 16th DAY:OE December 1980. ATTEST: City Clerk