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HomeMy WebLinkAbout1983-12-20city council minutesBook 24 Page 267 REGULAR MEETING December 20, 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. Garter, J. Carter, Mallea, and Betts. Absent: Cowles. (APPROVAL OF MINUTES) It was MOVED by Mallea, SECONDED by L. Carter to dispense with the reading of the minutes of the Regular City Council Meeting of December 13, 1983, 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 that was not on the prepared Agenda. Since there was no one, the Mayor declared that the meeting would continue as outlined. NEW BUSINESS (PUBLIC HEARING ON PLAN CHANGE FROM LOW DENSITY RESIDENTIAL 2117 SOUTH KIMBALL) The Mayor called the meeting open for a public hearing on the plan change from low density residential at 2117 South Kimball. The Mayor read the instructions submitted to the City by the _ State of Idaho and requested a time limit be set by the City Council for those desiring to speak to this issue. The Council determined that those who have signed up to speak would be allowed five minutes to address the City Council. Mrs. Robison, the Planning and Zoning Director, was requested to explain this plan change. Mrs. Robison stated that Mr. Lane came to the City with a proposed project in mind of converting the existing apartments he owns on South Kimball Avenue into senior citizen housing. Mr. Lane was considering construction of a dining, recreational, and laundry facility in the middle of the complex to be attached to the units with a walkway. In looking at the area, it was noted that the density was already there. There was approximately an acre in this property which was close to a grocery store, the hospital and could be a viable project. The request was taken to the Planning and Zoning Commission with two options. It was an R -1 zone at this time which makes it a non - conforming use. The options suggested were an expansion of neighborhood commercial use where R and B Market was located or an R -3 zone in a semi - circle buffer around the neighborhood commercial zone on the corner. The Commission felt that R -3 or high density residential would probably suit the needs best and would provide a buffer between the grocery store and the R -1 zone. The commission set a public hearing on a plan change and also a zone change so that it would accommodate Mr. Lane's proposed use. There was two buildings with five apartments in each. Mrs. Robison pointed out the area on a map for the Council's benefit pointing out that all the area on the North side of Ash was zoned R--3 high density residential and also designating where the R -1 zone was located. There was some high density residential uses in the R -1 zone. Mr. Tony Lane of 2117 South Kimball was then recognized and stated that his plan was to change the unit into a facility that could accommodate senior citizens of retirement age. With this change, he found that the property was now zoned R -1 and so came Book 24 Page 268 to the City Hall to request permission for a zone change. Mr. Lane gave a rather extensive description of what was planned for the facility. The City Council members discussed the plans with Mr. Lane at some length and asked a number of questions. The tape of this discussion is filed in the Office of the City Clerk and will be held there for six months available to anyone who cared to hear the proceedings of the hearings. The Mayor then called on Max Schlottman of 203 East Ash who was present at the meeting to speak against this Plan Change. Mr. Schlottman informed the Council that in discussing this change with those living in the area, he could find no one who was in favor of the plan change. They were against a deterioration of the properties which they felt this would do. Mr. Schlottman also expressed concern about the increase in the taxes that could occur and the increase in traffic. The City Council also discussed Mr. Schlottman's concerns at some length and asked questions. Councilman Betts asked Mr. Schlottman if he was objecting to the change in zoning or objecting to the concept of redoing the apartments units there now. There was a difference there; is it the zone change that they don't like or the change in the status of the apartments. Councilman Betts pointed out that there could be a way to handle this issue and make everyone happy. If the zoning wasn't changed and Mr. Lane carried on his project, would the neighbors be happy? Mr. Schlottman stated that he did not think there would be much objection; they just objected to the zoning change. Mr. Betts further said that to go from a R -1 to R -3 is quite a change, but would R -2 be more acceptable which would not be a drastic change. Mrs. Robison stated that it isn't R -3 and Commercial; it was R -3 and Professional offices with a Special Use Permit. There arn't Commercial Uses allowed in the R -3 Zone and Professional Offices and a few others are allowed with a Special Use Permit. Mrs. Robison informed Mr. Schlottman that he now resided in a R -3 Zone. Commercialism should not be frightening in this particular instance because the impact should not be that great. Mrs. Robison further gave examples of the dIfferences in allowable uses between a R -2 and a R -3 zone. After a long discussion, the Mayor closed the Public hearing and asked what action the City Council cared to take with regard to this plan change. It was MOVED by Raymond, SECONDED by J. Carter to accept the recommendation of the Planning and Zoning Commission and change the plan from low density residential to high density residential on the Tony Lane property at 2117 South Kimball. Roil call vote. Those voting yes: Raymond, L. Carter, J. Carter. Those voting_ no: Mallea and Betts. Absent and not voting: Cowles. MOTION CARRIED (PUBLIC HEARING ON ZONE CHANGE FROM R -I TO R -3 FOR PROPERTY AT 2117 SOUTH KIMBALL) The Mayor called the public hearing open for the zone change from R -1 to R -3 for property at 2117 South Kimball. Mrs. Robison stated that the Comprehensive Plan would be changed as determined in the previous motion from low density residential to high density residential and the zone would be changed from R -1 to R -3 in accordance with the plan. It would still be necessary to hold the public hearing. Mr. Lane was recognized and stated that he had already expressed his position and Mr. Schlottman agreed with this statement. Book 24 Page 269 Mrs. Robison further said that the next step would be to prepare an Ordinance for the zone change and a Resolution for the Plan Change. As there was no other discussion, the Mayor declared the public hearing closed and asked for action from the City Council. MOVED by Raymond, SECONDED by J. Carter that the zone be changed from R -1 to R -3 for the property at 2117 South Kimball. Roll call vote. Those voting yes: Raymond, L. Carter, J. Carter. Those voting no: Mallea and Betts. Absent and not voting: Cowles- MOTION CARRIED (RESIGNATION FROM PLANNING AND ZONING COMMISSION) The Mayor read the following letter addressed to the Mayor of Caldwell from Ken Popper: Inasmuch as the third Thursday of each month conflicts with the Planning and Zoning Meetings and my activities as President of a credit union, I am resigning from the Planning and Zoning Commission. A replacement at this time will coincide with normal. year end appointments and hopefully allow for a routine transition. Thank you for the opportunity to serve on one of Caldwell °s committees. The Mayor asked for a motion to accept this resignation with great reluctance. MOVED by Betts, SECONDED by Raymond to accept with reluctance the resignation of Ken Hopper from the Planning and Zoning Commission. MOTION CARRIED (CONSIDERATION OF BEER LICENSE RENEWALS) The City Clerk presented requests for beer license renewals from the following establishments: western Beer and Lunch, Holiday Motel, Fearless Farris, Great Western Pizza, Morgan °s Beverage, three Circle K Stores, Bamboo Room, Safeway, Dog House, Saratoga, R and B Market, and The Corral. The Mayor stated that two of these, Western Beer and Lunch and The Dog House were being questioned by the Police Chief. There has been numerous complaints with regard to using the outside for a restroom, loud music, and etc. MOVED by Raymond, SECONDED by J. Carter that at this time approval be given for all of the requests for beer license renewals except for Western Beer and Lunch and The Doghouse which were questioned by the Police Chief. MOTION CARRIED Councilman Raymond further said that with respect to the two licenses that were not approved, he would request that the Police Chief explain the reasons for his reservations with regard to renewing them. The Mayor also stated that he would request that the Police Chief go to these establishments and tell them what action has taken place and why. Councilwoman Mallea also requested that the people involved appear at the next Council Meeting and that she would like some input from the Police Chief on the problems. (CLAIM AGAINST THE CITY) The Mayor read the following claim submitted to the City of Caldwell: Book 24 page 270 I, Stewart Billings, hereby request payment of damages done to my pickup by an open manhole. I was West bound on Cleveland Blvd. Friday night December 9, 1983, at approximately 10:30 p.m. when all at once my pickup hit an open manhole which misaligned my front end and blew out my rear tire. This manhole for the sewer is located in the West bound right hand lane in the approximate area of Gabe s Auto and wasn't marked as being open. Police report and bills for repair are attached. The Mayor stated that the amount for repairs was $18.95 for wheel alignment and a bill in the amount of $175.47 for a tire. The Police report indicated that the manhole was open. It was MOVED by Mallea, SECONDED by L. Carter that the claim be' turned over to the City's insurance carrier. Councilman Betts said that the insurance company was not going to pay this claim anyway because of the deductible. In this particular case, if the report indicates that the cover was off, it was the City's fault and he would recommend that the City pay the claim and report it to the insurance people so it could be included in the deductible. The Mayor agreed that if it was paid at ail, the City would be paying the claim. Mr. Redmond was recognized and informed the City Council that there was the possibility that this was a valid claim. The City has had trouble with this cover and had someone weld it shut about two days before this incident happened. It was assumed that this would be a temporary repair until spring, but it evidently did not hold. The street has since been blocked off and proper repair made. The Council agreed that this information made some difference in the motion. The Mayor asked for a vote on the motion as made. MOTION DENIED MOVED by Betts, SECONDED by Raymond that the claim be paid by the` City. MOTION CARRIED (REAPPOINTMENT TO GOLF BOARD) The Mayor read the following memo to the Mayor and City Council from Laura Gamboa, Chairman of the Golf Board: The Caldwell Golf Course Board met December 14, 1983, and would like to recommend the following for your considertaion: Motion made, seconded and carried that the following names be reappointed on the Board; Martha Esson and Scott Holloway. MOVED by L. Carter, SECONDED by Betts that these reappointment as recommended be approved. MOTION CARRIED (FINANCIAL STATEMENT) Councilwoman Mallea reported that there was in question one bill which was up for discussion on the City Council, but pending that the Financial Report was as follows: The Payroll was in the amount of $205,967.59 of which $47,872.85 was fringe benefits. Accounts payable was in the amount of $330,018.82 making a grand total of $535,986.41. The Finance Committee has reviewed the Requests for Payment and found them in order. MOVED by Mallea, SECONDED by J. Carter that the bills be allowed and the checks be issued and the invoices be filed with the City Clerk. Book 24 Page 271 There was some discussion among the City Council members with regard to a bill submitted for a schooling by the Buil.dinq Department. Councilwoman Mallea, after the long discussion, pointed out that this bill was included in the motion made and if carried, the bill would be paid. The Mayor then asked for a vote on the motion. MO'T'ION CARRIED (COMMITTEE REPORTS) Councilwoman Mallea stated that when the budget was prepared through an oversight, the Stadium cash account was not transferred from their contingency into their current budget. This made an untouchable amount of money held over in the Stadium account which could not expended because it was not budgeted. The Stadium has, in fact, put a large amount of that money towards the purpose of horse barns for the enhancement of the Stadium Complex and they have agreed to pay for these. Therefore, the money must be transferred. The Auditors require that there be a motion transferring from the M & 0 to a restrictive cash account of the Stadium account. MOVED by Mallea that the monies be transferred from the M & 0 to a restrictive cash account of the Stadium account, SECONDED by Betts. MOTION CARRIED (MAYOR'S COMMENTS) The Mayor informed the City Council that he had a request for a Beer and Liquor License from the El Nido Lounge. The letter from the Police Chief was read as follows: Fred Gilbert Dalton, 2400 Marshall Avenue, Caldwell, has made application for licenses to purvey beer and wine at the El Nido Lounge in Caldwell. State and County licenses are in order and Mr. Dalton has no criminal record precluding - issuance of these Licenses. MOVED by Mailea, SECONDED by Raymond that approval be given for these licenses as recommended. MOTION CARRIED Councilman Betts asked if this license wasn't for beer and liquor instead of wine as stated in the letter from the Police Chief. The City Clerk agreed that it was for beer and liquor and would note this. City Council accepted this as a part of the motion. The Mayor announced that the winners for the Christmas decoration contest were Annie Post of 208 Elgin as first place, Erwin Schweibert, 1604 Cherry, second pace, and Waiter Nylund of 3209 Washingtin, third place. There was a price of $50.00 for first place and $25.00 for second place. (EXECUTIVE SESSION CALLED) The Mayor stated that he would ask for a motion from the City Council for the Counciil to convene into an Executive Session for the purpose of discussing personnel. MOVED by Raymond, SECONDED by Betts that the City Council convene into an Executive Session pursuant to the Idaho State Code, Section 67 -2343, for the purpose of discussing personnel matters. Roll call vote. Those voting yes: Raymond, L. Carter, J. Carter, Mallea, and Betts. Those voting no: none. Absent and not voting: Cowles. Book 24 Page 272 MOTION CARRIED Councilman Raymond stated that he would invite Durand Marcus to sit in on this City Council Executive Session. There being no further business, the Meeting was adjourned at 8:50 P.M. APPROVED AS WRITTEN 3rd DAY OF Janua — 198::4. / / //�� �ilpers Co Council .Counci p ,nsoh ATEST- U cil Councliperson City C-1