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Home My WebLink About06 10 1997 CM81 COUNCIL MEETING MINUTES June 10, 1997 Minutes of regular meeting held at city municipal building, June 10, ].997. Present: Mayor John O. Cotant, Council members Leroy S. Quick, W. Dean Wood, Marvin C. Gunter, Attorney Thomas J. Holmes, Public Works Director Steven M. Smart and City Clerk Ron C. Conlin. Councilman Steven M. England was excused. Meeting called to order at 7:34 p.m. by Mayor John O. Cotant. PLEDGE ALLEGIANCE TO THE FLAG APPROVAL OF MINUTES: Mayor Cotant asked for corrections or additions lo Special Meeting Minutes and Regular Meeting Minutes of May 27, 1997. Councilman Quick moved to approve Special Meeting Minutes of May 27, 1997 as read. Councilman Gunter seconded. Ail council members present voted in favor of motion. Councilman Wood moved to approve Regular Meeting Minutes May 27, 1997 as read. Councilman Gunter seconded. Ail council members present voted in favor of motion. of PUBLIC HEARING - An application by Mike Scott~ Scott Construction, Inc., 4925 Elizabeth, Chubbuck for a Planned Unit Development, (PUD); change in Land Use District to Dense Residential, 4); Preliminary Development Plan with its accompanying Preliminary Plat for Rolling Hills Townhouse Development at Lot 7~ Rolling hills Subdivision. Located at south end of Ramsgate Drive. Property is presently zoned~ Single Family Residential, City has received a petition in opposition to the proposal. Mayor Cotant declared the public hearing open. Mary Tusch, 804 E. Center representing Scott Construction said the development's name is Rachel Rainbow Townhouse Development. There will be a homeowner's association formed. Construction will start as soon as the proposal is approved. Many of the people who were opposed, have withdrawn their opposition. Mayor Cotant asked if there was anyone opposed to the proposal, there being none~ Mayor Cotant declared the public hearing closed. 83 PUBLIC HEARING - RACHAELS RAINBOW TOWNHOUSE DEVELOPMENT ( cont, .) (PUD) PWD Steve Smart, stated Staff concerns have been addressed and taken care of. Councilman Gunter moved to accept the Land Use & Development Commission's recommendations to approve a Planned Unit Development, /PUD}; a change in Land Use District to Dense Residential, (R-4}; Preliminary Development Plan with its accompanying Preliminary Plat for Rachel's Rainbow Development, located at the south end of Ramsgate Drive. Councilman Wood seconded. All council members present voted in favor of motion. PUBLIC HEARING - An application by Mike Bird, Heritage Development~ P.O. Box 2684, Pocatello for a change in Land Use District, upon requested annexation~ to Single Family Residential, (R- 1)~ for property located at corner of Whitaker and Siphon Roads. Property is presently zoned~ Agricultural, Mayor Cotant declared public hearing open, there being no comment for, or against, Mayor Cotant closed the public hearing. Councilman Quick moved to accept the Land Use and Development Commission's recommendations to approve the application by Heritage Development, Inc., Mike Bird for a change in Land Use District, upon requested annexation~ to Single Family Residential, (R-l) on property located at Whitaker and Siphon Roads. Councilman Wood seconded. All council members present voted in favor of motion. PUBLIC HEARING - An application by Bob Elzner, Western Design for review of a preliminary plat for Vista Park Subdivision, 1st. Addition. Property is presently zoned Single family Residential, IR-l). A subdivision located at end of Mary Lane and Rebecca Drive. Mayor Cotant declared the public hearing open. There being no comment, Mayor Cotant declared the public hearing closed. Discussion about proposed park land. PWD Smart suggested Bob Elzner bring a water line down Tree Valley Road. Mr. Elzner said he will. 85 PUBLIC HEARING - VISTA PARK SUBDIVISION PRELIMINARY PLAT - (cont.) Councilman Wood moved to accept the Land Use and Development Commission's recommendation to approve an application by Bob Elzner, Western Design for Vista Park Subdivision, 1st. Addition Preliminary Plat as presented. Councilman Quick seconded. AIl council members present voted in favor of motion. PUBLIC HEARING - An application by Joseph Osier, 11010 W. Hickory, Boise for review of a preliminary plat for Misti Manor Subdivision, 3rd. Addition. A subdivision located east of Misti Manor, south side of W. Chubbuck Road. Mayor Cotant declared the public hearing open. Tim Shurtliff, 426 W. Lewis presented the Misti Manor Subdivision, 3rd. Addition Preliminary Plat. Councilman Quick moved to accept recommendations of the Land Use & Development Commission and approve the Misti Manor Subdivision, 3rd. addition Preliminary Plat as presented. Councilman Wood seconded. Ail council members voted in favor of motion. PUBLIC HEARING - An application by Steve Campbell, 660 Park Lane for a change of Land Use District to Dense Residential, (R-4) for property at 146 Adams. Property is presently zoned Limited Residential, (R-2). City received a petition with 38 names against the proposal. Mayor Cotant declarec the public hearing open. Peggy Manriquez~ 192 Adams spoke against the proposal. Mrs. Manriquez said 1) There are too many four plexes in the area. 2) Traffic concerns, asked if the City can count the traffic on Adams. 3) Asked Mr. Campbell to refurbish his four-plexes -there now, instead of putting into new ones. Mrs. Manriquez felt the four-plexes are devaluing her home. 4) Weeds around the four-plexes are not being cut. Darrel Burrows, 302 Adams stated the four-plexes there now are devaluing his home. Mr. Burrows is against the proposal. Steve Campbell stated, last year he started a remodeling project on the apartments, the new siding is on site, but cost of the windows is what is holding the remodeling project up. When he gets the monies, he will finish. Mr. Campbell said he is trying to get the parking lots paved also. Mayor Cotant declared the public hearing closed. 87 PUBLIC HEARING - ZONING CHANGE FOR STEVE CAMPBELL - (cont.) Mr. Campbell said there is a strip of about 30' Mr. Campbell just took ownership. The weeds have been allowed to grow. Mr. Campbell said he is willing to put grass in the 30~ quit claim deed he just received. He can do this two to three weeks. Mr. Campbell said he can have the siding completed in ninty days. After discussion, Councilman Wood moved to approve the application by Steve Campbell, 660 Park Lane to change Land Use District to Dense Residential, (R-4), for property at 146 Adams, subject to no occupancy permit being issued until the following conditions are met: 1) All property should be grassed. 2) All weeds need to be cleaned up and maintained. 3) All four-plexes will be newly sided. 4) Yard is to be maintained at all times. 5) Half of the parking lot to be paved and striped in 1998, the other half will be paved and striped in 1999. Councilman Gunter seconded. All council members present voted in favor of motion. PUBLIC HEARING - A petition by Parrish Bros., 249 Parrish Drive, Chubbuck to vacate a street consisting of a 50.0 wide street, approx. 241.09 ft. in length connecting Hiline and Mountain Park Roads, Hiline Heights Subdivision. Request for Vacation of the Public ROW know as the intersection, that would interconnect Hiline with Park Drive~ in the Hiline Heights Subdivision. Bluebird Mountain Mayor Cotant declared the public hearing. Public Works director Smart received a letter from Bureau of Indian Affairs stating the Project is not in favor of allowing additional bridges in this area, particularly with other access already available. BIA said a long term solution to 'this situation is to pipe 'the canal between Chubbuck Road and 1-86. Craig Parrish, 4070 Amber Lane explained why he thought there are enough exits from the subdivision. PWD Smart said the effect of vacating, if the Bluebird intersection is vacated the City would allow a 1~366~ Cul-de- sac to be created~ 966~ longer than is currently allowed by City Code. 89 PUBLIC HEARING - VACATION OF PLAT - PABRISH BROS. - (cont.) The city, at its expense had to purchase, from Parrish Bros., Lot 10, Block 1 of Riline Heights Subdivision to provide access and utilities to the undeveloped Lot 7, Block 1 of Rolling Hills Subdivision. This access has made it possible to develop a difficult piece of property. PWD Smart suggested not vacating the street, but issuing building permits for' lots south of the requested vacation. City has not exhausted all possibilities of getting a bridge across the canal. Councilman Quick moved to deny the petition by Parrish Bros. to vacate a street consisting of 50 foot width, approx. 241.09 in length connecting Hiline and Mountain Park Roads in Hiline Heights Subdivision. City will issue building permits for lots south of requested vacation until they get to Lots 1 and 2 of Hiline heights Subdivision. If the bridge crossing canal is not approved, a request for vacation of the street can be made at a later date. Councilman Wood seconded. All council members present voted in favor of motion. BUSINESS LICENSE APPLICATION - Antonio Reynolso, Taqveria Jalisco has applied for license to sell hot food from a truck at the Green Triangle Parking Lot. Police Department reviewed and recommended approval of the business license application. Mr. Reynoso stated he has approval from Rick Hillman, Green Triangle to use his parking lot. Councilman Gunter moved to grant a business license to Antonio Reynoso, Taqveria Jalisco to sell food from a truck at Green Triangle Parking Lot. Councilman Wood seconded. All council members voted in favor of motion. FIREWORKS PERMIT APPLICATIONS The following applicants have applied to sell fireworks from fireworks stands at the following locations: 1. Pyrodyne American Corporation, Salt Lake City, Utah to locate at 4240 Yellowstone Ave. (Wal-Mart Parking Lot). 2. Randy Broadhead, 785 Callie to locate at corner of Chubbuck Rd. and Yellowstone Ave. (near video store) 3. Jack & Debbie Betty, 4539 Ponderosa located at 4500 Yellowstone Ave. (McKnight's Parking Lot). 91 FIREWORKS PERMIT APPLICATIONS (cont. ) Kellie & Anita Willie, 300 Myrl to locate at, 4010 Yellowstone Ave. (Green Triangle Parking Lot), and 4825 Yellowstone Ave. Bruce Weaver, 806 Mountain View Drive, Twin Falls to locate at 4845 Yellowstone Ave, (Smith's Food King Parking Lot), and 4155 Yellowstone Ave. [Pine Ridge Mall Parking Lot). Insurance requirements have been met by the applicants. Fire Chief Charlie Dickman reviewed and will inspect all locations where the stands are in place. Councilman Wood moved to approve the fireworks permit applications as presented subject to: a) Fire Department inspecting fireworks stands prior to opening b) All applicants are required to follow Chubbuck Fireworks Ordinances. c) Building Department to approve where stands are placed at locations. Councilman Quick seconded. All council members voted in favor of motion. BUSINESS LICENSE APPLICATION - Arthur C. Foulger, Doodle Dandy Ice Cream, 555 1/2 Pershing has applied for license to sell ice cream from a truck on City streets. Police Department recommended approval of granting license. Councilman Wood moved to grant a business license to Arthur C. Fougler~ Doodle Dandy Ice Cream to sell ice cream from a vending truck on City streets. Councilman Gunter seconded. All council members voted in favor of motion. ORDINANCE #469 - Amending Sections 5.16.090; 5.12.090 and 5.08.080 to extend the hours for beer, wine and liquor by the drink sales to 2:00 a.m.; to allow beer and wine sales an hour earlier or at 6:00 a.m.; to provide premises offering beer, wine and liquor sales shall be vacated by 2:15 a.m. and providing an effective date; repealing prior conflicting ordinance, providing for the severability of the provisions of this ordinance; providing that all other sections and provisions of Chapters 5.08; 5.12 and 5.16 not herein amended shall remain in full force and effect. Attorney Holmes read Ordinance #469 by title only for the third and final reading, one of which was in full. Councilman Wood moved to adopt Ordinance #469 as read. Councilman Gunter seconded. Roll Call Vote: Quick, yes; England, absent; Wood~ yes; Gunter, yes. 93 1995-96 FISCAL YEAR AUDIT - City Auditor Scott Jones presented the 1995-96 Fiscal Year Audit to Mayor Cotant and Council. Councilman Quick moved to accept the 1995-96 Fiscal Year Audit as presented by City Auditor Scott Jones. Councilman Wood seconded. All council members present voted in favor of motion. FINANCIAL REPORT for month of May, 1997 presented to Mayor Cotant and Council. CLAIMS - Computer print-out claims presented to Mayor Cotant and Council. Councilman Quick moved to approve computer print out claims as presented. Councilman Wood seconded. Ail council members present voted in favor of motion. At 10:00 p.m., Councilman Quick moved, Councilman Wood seconded, with full council approval to adjourn meeting. gon C. Conlin, City Clerk