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HomeMy WebLinkAbout1980-12-09city council minutesBook 21 Page 371 REGULAR MEETING December 9, 1980 12:00 Noon The Meeting was called to order by Mayor McCloskey. The Roll of the City Council was called with the following members present: Williams, Raymond, Mallea, Hopper, Carter, and Betts. Absent: none. OLD BUSINESS (BILL N0. 34; ORDINANCE NO. 1587; AMEND CODE REGARDING FENCES) The Mayor declared that this was the time for the third reading of Bill No. 34. The Mayor then read the Bill by title only as follows: AN ORDINANCE TO AMEND TITLE VI, CHAPTER 3, SECTION 1(D)3 OF THE MUNICIPAL CODE OF THE CITY OF CALDWELL, STATE OF IDAHO, REGARDING ZONING REGULATIONS BY DELETING AND ADDING CERTAIN LANGUAGE PERTAINING TO FENCES, WALLS AND HEDGES; AND REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH. MOVED by Hopper, SECONDED by Carter that Bill No. 34 be passed and entitled Ordinance No. 1587. Roll call vote. Those voting yes: Hopper, Carter, Betts, Williams, Raymond, and Mallea. Those voting no: none. Absent and not voting: none. MOTION CARRIED NEW BUSINESS (REQUEST BY ED GARDENAS REGARDING AMUSEMENT CENTER) The Mayor stated that the next item of business was a request from Mr. Ed Gardenas regarding an amusement center. For the information of the City Council, the Mayor stated that he would read the report submitted by the Mayor and the Building Department giving an explanation as to what was involved in this situation: It has come to the attention of the City that there was what could be termed an amusement center located in the old Gem State Bakery building subsequently owned by Connie Owen on the southwest corner of the intersection of Linden Street and Indiana Avenue. The Building Official made an inspection of the premises and found that one room of the building had been used for what would be under the zoning code an amusement center. In that room were 3 pinball machines, 5 electric games, 2 pool tables and 1 foosball table. While there he explained to the owner that there could be zoning difficulties since the zone is R -2 Residential. The operator of the amusement: center subsequently came to City Hall to verify the zoning interpretation. He discussed the zoning with Mel Lewis and Dennis Davis. He was informed by Mel Lewis that the R -2 zone did not permit an amusement center even under a special permit procedure. He was also informed that in Lewis' opinion there was no definition which could be broadly interpreted to permit the use in an R -2 zone. The operator was informed that an amusement center was a permitted use in all of the commercial zones with a special permit. He was informed that the special permit procedure involved appearance before the Planning and Zoning Commission Book 21 Page 372 and a subsequent hearing to meet the legal requirements of the code. I-Ie was also informed that the zoning procedure required would be to change the Comprehensive Plan to anticipate a commercial coning, probably a C -1 neighborhood commercial, and after that was accomplished to secure his special permit for the use. In discussing the matter with the Mayor, it was the concensus of opinion to give the operator a reasonable amount of time to relocate his business. The Mayor further said that the decision was made by the City Engineer, the Mayor, and the Building Inspector to give Mr. Gardenas until the third week of January to relocate his center. This was the way the situation was at this time. Mr. Gardenas was then recognized and informed them that he was not aware of the zoning restrictions in that area nor was Connie's Ceramics aware of it. They also were not aware that a variance or special permit was needed for an amusement center. Mr. Cardenas discussed with the Council at some length the importance of having, places for the youth in the City of Caldwell.. He contended that his place was completely under his control with no drinking or smoking allowed. He felt that if they wanted to drink, they could go down the street to Ichabod.s or in the downtown area to a bar. Mr. Garden< gave the Mayor a letter from one of the parents that he asked him to read for the Council's benefit. The letter expressed their sanction for the amusement center run by Mr. Gardenas as it had adult supervision at all times and was a place where the youth could go for good wholesome fun. Mr. Gardenas also said that there was other parents in the area who would express the same views and were willing to petition for the center to remain in that location. The Mayor asked Mr. Lewis to clarify what action was taken with regard to the amusement center. Mr. Lewis, City Engineer, explained that he wrote a letter to clarify the zoning. It was in a R -2 Residential zone and the building was used as a ceramics shop at the time of the passage of the ordinance. Mr. Lewis stated that he had been. approached by realtors for expansion of the uses and they were told that it was a nonconforming use and the uses could not be expanded in a R -2 zone. These were realtors who had talked to Mr. Lewis about dividing the building up into a number of businesses. Clearly in the definition, this was an amusement center and this kind of use was permitted in a Commercial Zone with a special use permit. This special. use permit had to be obtained from the Planning and Zoning Commission after the proper procedures were followed of setting a hearing and after the hearing a determination made by the Planning and Zoning Commission. This center was not now in a Commercial zone and it would appear to him that legally, if this use was there, the zoning would have to be changed. This would involve changing the plan and the first recommendation that could be made to change the zoning would not be until March. This was due to the legal restraint of only being able to recommend zoning change! every six months. This was officially where the zoning stands at this time. The Mayor stated that the point he was trying to make clear to Mr. Gardenas was that there was TLO way that the City Council could make a decision. It was really in the hands of the Planning and Zoning Commission so the next step would be :For Mr. Gardenas to approach the Commission. Mr. Gardenas further pointed out the necessity of having such a center as there was a need for One. The Mayor again explained to Mr. Gardenas that the Council had no control over the permit. Technically, the other establishment discussed, IIec's Fun Spot, was not supposed to have drinking on the premises either and it was very difficult to control the area outside of the building. Councilman Hopper was recognized and stated that he felt they were getting away from the issue. He felt that there was not one person present who was not aware that there was a need for places for the Book 21 Page 373 youth to go that were controlled, but what Mr. Gardenas was asking was in violation of the Code. The center was established without the proper inquiries and this was the issue to be addressed. Mr. Gardenas then stated what he was asking now was to see about getting a Commercial zoning for this corner and permission to stay there until that action could be taken. Councilwoman Williams again pointed out that the City Council does not have the power to grant a variance. The Mayor then informed the Council that the only thing the City Council could do would be to grant Mr. Gardenas a temporary permit to stay in the location until the problem was resolved. ]le was not sure what the feelings of the Council would be in granting this permission. This action would be bypassing the law and the Planning and Zoning Commission could grant this as well as the City Council. Councilman Hopper stated that the issue at hand was not to justify or defend the business now there. The issue at hand was the fact that Mr. Gardenas opened the business without proper inquiries. Other people did inquire and were told they could not do it. If the others had not inquired, they might have put in a business and would be the ones that were here trying to straighten the situation out. Mr. Gardenas did open a business without inquiring with regard to the zoning which was in violation and this was the issue at hand. Councilman Hopper further said that he would propose that Mr. Gardenas put together a package of some kind indicating some justification for the center being at the present location so that the City Council could pursue and study the fact that he would like to keep his doors open while going through the procedure to get the zoning changed by the Planning and Zoning Commission. The Mayor again pointed out that - the City Engineer said that the law would have to be circumvented regardless of whether the Council or the Planning and Zoning Commission was to receive the package. It was his suggestion that Mr. Gardenas put the package together and present it to the Planning and Zoning Commission as they were the ones who should make the determination as to whether he could remain open until the zoning was determined. The Mayor reminded the Council that Mr. Gardenas was already given until the third week in January which would give him time to present his request to the Planning and Zoning Commission. Councilman Raymond was recognized and stated that he felt the owner should be involved in this matter too. It was the owner that violated the Code and he felt that it was his responsibility to bring the plan before the Planning and Zoning Commission, or to the Mayor or the City Engineer. This was where the responsibility should be and not for the Council to make a decision at this time. The owner was the one who allowed this to take place. Councilwoman Mallea was recognized and said that she felt that Mr. Gardenas was given quite a consideration in being allowed to stay open through the holidays. 'The position being addressed was zoning. The Mayor informed Mr. Gardenas that the Planning and Zoning Commission would be meeting on the third Thursday of December and he would suggest that he get his :request together and present it to them at that time. (PRESENTATION OF ASSESSMENT ROLL FOR L.T.D. 80) The Mayor stated that the next item on the Agenda was the presentation by the City Engineer of the Assessment Roll for Local Improvement District No. 80. He then called on Mr. Lewis to present the Roll. Mr. Lewis informed the City Council that he did have the Roll prepared and the two copies required were executed. He then read. the Engineer's Report with regard to the Assessment Roll as follows: Attached is the L.I.D. 80 Assessment Roll which is made a part of this report. The roll defines each property by the name of Book 21 Page 374 the owner, the assessment number, the property description and the amount of the assessment. The total roll is $28,675.96. Due to the favorable bids received for construction, this is 240 less than the original estimated cost. The assessments were determined on a front foot basis for all improvements adjacent to each property and for the administrative costs. The front foot basis was set forth in the ordinance creating the district. Two letters of authorization were received, one :From Blaine Harrison and the other from Walter Berkenbile to increase their assessments for the extension of the driveways between the standard driveway and the existing concrete driveways. These additional amounts were added to the assessments under concrete flatwork 6-inch shown in the summary tabulation in the assessment roll. Incorporated in the Assessment Roll book attached is the required map showing the boundaries of the district and. the identification of each property assessed. Mr. Lewis informed the City Council that the point of action at this time would be for the City Council to accept the Assessment Roll and instruct the City Clerk to notify the owners and set a date of hearing. There was a time frame set by law for notification and with this taken into consideration the hearing could be held the first Regular City Council Meeting in January, 1981. MOVED by Raymond, SECONDED by Betts that the City Assessment Roll for Local Improvement District No Clerk be instructed to notify the owners and that be set for the first Regular City Council Meeting would be January 6, 1981, and such notice be publ Idaho Press Tribune. Council accept the 80 and the City the hearing date in January which fished in the Roll call vote: Those voting yes: Raymond, Mall.ea, Hopper, Carter, Betts, and Williams. Those voting no: none. Absent and not voting: none. MOTION CARRIED (BID OPENING FOR SPRAY MATERIALS) The Mayor opened the one bid that was received from Van Waters and Rogers. He requested that Councilman Hopper read the bid which was as follows: Item #1: Methoxyclor 2 E, 5 gal, non - returnable cans 1775 Gallons $ 8.21 gallon 14,572.75 Total Item #2 Diazanon S00 AG, 5 gal. non - returnable cans 65 gallons 22.50 gallon 1,462.50 Total Item #3 Sevin 50 Wettable 300# 1.44 pound 432.00 Total MOVER by Hopper, SECONDED by Cartier that the bid from Van Waters and Rogers be referred to Jess Payne, Parks Superintendent, for appropriate action. MOTION CARRIED (MAYOR'S REPORTS) The Mayor reported that the ministers in Caldwell called him and asked him to attend a meeting they were scheduling. The Mayor suggested that the meeting be held in the City Council Chambers whicl they did have that morning. There was approximately forty -five people in attendance including the Prosecuting Attorney, the Chief of Book 21 Page 375 Police, and Senator Abrahams as well as several members of the City Council. This was with regard to the problem at Bozwell Tweeds and the show that was appearing out there. Also discussed was the Top Theater and the Bookstore in Caldwell. The Mayor further commented that any action taken would have to be on a Legislative basis. After the meeting, the Mayor stated that he had a call from Ted Blamiers who has the lease on Bozwell Tweeds, asking what he should do about the situation. Mr. Blamiers told the Mayor that he had not intended to cause such a problem and that he was having a meeting with his people to discuss it. Councilwoman Williams was recognized and said that one thing suggested at the morning meeting was that all of the community leaders work through the Chamber of Commerce to see about getting the show at Bozwell Tweeds closed down. They felt that Caldwell was getting too much of this type of thing when consideration was given to the bookstore and the theater that were already here. Dennis Goff suggested that the ministers preach and talk about it in their respective churches. There was also a discussion by the Mayor and City Council with regard to the current publicity from the newspaper. Several members of the City Council expressed concern that they were not notified of the meeting that morning and would like to be from now on. The Mayor reminded them that it was not his meeting and that he did mention it to those members of the Council that he saw. MOVED by Williams, SECONDED by Hopper that every morning that there was meetings that the Mayor's secretary notify all members of the Council either by telephone or whatever way they might request to be notified. MOTION CARRIED Councilman Raymond reported that the sidewalk on Seventh Street was repaired. The Mayor informed the Council that the bill was delivered and the cost was reasonable. Councilwoman Williams stated that she noticed that there was a business started at 2015 Blaine and she was concerned as to whether this was in the portion that was zoned commercial. Councilman Raymond said that this was a baby sitting business. Some discussion followed with regard to the sign at this location and it was suggested that the Building Inspector take a look at the sign to be sure that it was within the City regulations. There being no further business, the Meeting was adjourned at 1;15 P.M. APPROVED AS written THIS 16th DAY OF December 1080 ATTEST: City Cleerr �