Loading...
HomeMy WebLinkAbout06 08 1999 CM87 COUNCIL MEETiNG MINUTES June 8'h., 1999 Minutes of a regular Council Meeting held at the Chubbuck City Council Chambers, June 8th. 1999. Present: Mayor John O. Cotant, Council members Leroy S. Quick, Steven M. England, Marvin C. Gunter, B. Kent Keams, Attorney Thomas J. Holmes and City Clerk Ron C. Conlin. Public Works Director Steven M. Smart was excused. Meeting was called to order at 7:30 p.m. by Mayor Cotant. PLEDGE ALLEGIANCE TO THE FLAG was lead by Charlie Piquet. APPROVAL Olr ~rNUTES - Mayor Cotant asked for corrections or additions to the Regular Meeting Minutes of May 25th., 1999. Councilman Keams moved to approve Regular Council Meeting Minutes of May 251h., 1999 as read. Councilman Quick seconded. All council members voted in favor of motion. PUBLIC HEARING - ORDINANCE -To change the definition of a Class II Production Building, to amend the schedule of Land Use Controls to define a Class II Production Building as a permitted use in certain residential districts. Making a technical correction to Section 15.20.010 as enacted by Ordinance #473, amending 18.12.030, (K), (6) to change the front and rear yard set backs for existing production building cluster arrangements. Attorney Holmes said the Land Use Commission recommended approval of the . ordinance, with three significant changes to what the original draft stated: 1. Change our reference from Class II, being multi-sectional and enclosing not less than 1,000 feet of space. This would be consistent with the Idaho Code Section 67- 6509(A~ "~)(a). 2. Delete ~ ~ reference in our ordinance to a maximum slope but continue to require a minimum slope of 2-12 per, Land Use Chairman Pete Anderson's recommendation. 3. Delete the requirement of a carport or garage which was a recommended change in our ordinance. Land Use Commission felt it was unreasonable to require a garage or carport on both a mobile home and a residence. They also noted that would greatly increase the cost ora home or dwelling. If an individual wanted to add a garage or carport later they certainly could do so if there was sufficient room on the property. Mayor Cotant declared the public hearing open. 89 COUNCIL MEETING MINUTES - (cont.) June 8th., 1999 PUBLIC HEARING ORDiNANCE - (cont.) Councilman Kearns explained what Land Use and Development Commission as a group discussed and felt. Wayne Hale, 4825 Whitaker Road expressed concern about there being no Restrictive Covenants in the subdivision. Mr. Hale was handed some Restrictive Covenants. Geri Barnard, 210 Circle Inn Park, #2 expressed concern about the financial burden that would be placed on her if she is required to place a garage on her triple wide production home. Mrs. Barnard felt that any carport or garage requirement, be addressed through the conditional use permit procedure. Alen.e Hale,.4825 Whitaker Road stated there should be a garage or a carport, or what ever ~s Conststent with the surrounding neighborhood. Mrs. Hale stated the homes on Whitaker Road all have carports, or garages which makes garages, or carports predominant. Ross Minson, 4840 Whitaker Road expressed concern about developer putting mobile homes length wise on a property, it will take the look of a trailer court. Mr. Minson is in favor of City requiring garages or carports. Bob Lurker, 4839 Whitaker Road is in favor of City requiring a garage or carport in the ordinance. Also not in favor of allowing developer to put mobile homes length wise on a lot. Steve Vigliaturo, 1401 Sunset Road explained he is not going to put in a trailer park on his property, he is looking at affordable housing. Mr. Vigliaturo stated he feels he is complying with all laws and ordinances. Mr. Vigliaturo stated he is not requiring carports, or garages in the development. Gary Chisum, Pro Builders expressed concern when the development was approved last year, the garage nor carport issue was not in effect at that time, and should not have any affect on this development if passed. Mayor Cotant declared the public hearing closed. Councilman Kearns stated he has a problem with City requiring carports, or garages. Councilman England suggested the proposed ordinance be read on three separate. readings. COUNCIL MEETING MINUTES - (cont.) 91 June 8th., 1999 PUBLIC HEARING - ORDINANCE - (cont.) Attorney Holmes stated there are people out there, who until this is ordinance is passed, are going to be go through a conditional use permit. Attorney Holmes suggested Council might want to read by title tonight, then adopt at next Council Meeting, if inclined. Councilman Keams moved to accept the Land Use and Development Commission's recommendations, directing Attorney Holmes to produce a final proposed ordinance for consideration at the next Council Meeting. Councilman England seconded. All council members voted in favor of motion. ORDINANCE - Adding Section 15.04.060 to require any residential structure built in an R-I, or R-2 zone to require a garage or carport; repealing prior conflicting ordinances; providing for the severability of the provisions of this ordinance; providing that all other sections and provisions of Chapter 15.04 not herein amended shall remain in full force and effect. Council decided to table ordinance until the June 29th., 1999 Council Meeting. CRESTFIELD'SUBDIVISION FINAL PLAT - City Engineer Sean Harris recommended approval of the Crestfield Subdivision Final Plat. Councilman Keams expressed his concern about access onto West Chubbuck Road. Rodney Burch, Rocky Mountain Engineering answered questions about the plat. Discussion about the possible need of a 3½' variance in the future. Councilman England moved to approve the Crestfield Subdivision Final Plat as presented. Councilman Gunter seconded. Roll Call Vote: Quick, yes; England, yes; Gunter; yes; Keams, no. Motion passes. REVIEW OF BECKY PARRISH'S MOBILE HOME CONDITIONAL USE PERMIT - Attorney Craig Parrish was present and stated the City had asked Becky Parrish to put in curb, gutter and sidewalk on Valenty Road side, and grass on the northeast comer,( there is a garbage pile now). Attorney Parrish said they agree to these requests, his contractor has been in discussion with the City in regards to installing the curb, gutter and sidewalk. Councilman Keams made motion to approve the Becky Parrish, Valenty Road Mobile Home Conditional Use Permit, subject to 1) Curb, gutter and sidewalk be installed on Valenty Road. 2) Grass installed and maintained on the northeast comer. 3) The requirements are to be completed prior to September 1~t. 1999.4) There will be a three year review of the conditional use permit. Councilman Quick seconded. All council members voted in favor of motion. 93 COUNCIL MEET1NG MINUTES - (cont.) June 8th., 1999 BUSINESS LICENSE APPLICATION - Randy Watson, Inland Empire Shows, Inc. Nampa, Idaho has applied for a business license to operate a carnival on parking lot to west of Sears, Pine Ridge Mall, June 16th., 1999 through June 19% 1999. Cotmcilman Kearns asked what hours the carnival will be open. Discussion about noise bothering Cotton Wood Cove and Ridge Wind. Mr. Watson said they are asking to be open until 11:00 p.m., but will turn down noise of carnival at 10:00 p.m. Councilman Gunter moved to grant Randy Watson, Inland Empire Shows, Inc. Nampa, Idaho a business license to operate a carnival on west parking lot of Sears, Pine Ridge Mall, stibject to the carnival noise being turn off at 10:00 p.m. Councilman England seconded. All council members voted in favor of motion. FIREWORKS PERMIT APPLICATION - The fbllowing applicants have applied to sell fireworks, from fireworks stands at the following locations: 1. Shari Kress, 5110 Dorian, Chubbuck, Idaho to locate at, Lot behind Papa Murphy's Pizza on Yellowstone Ave. 2. Bruce Weaver, 806 Mountain View Drive, Twin Falls, Idaho to locate at, Smith's Food King, Parking Lot, 4845 Yellowstone Ave.. 3. American Promotional Events, dba Pyrodyne American, Murray, Utah to locate at, Wal-Mart Parking Lot, 4240 Yellowstone Ave. 4. Randy Broadhead, 542 Pershing, Pocatello, Idaho to locate at, 134 West Chubbuck Road. 5. Jeanne E. Hymas, 328 Myrl Street, Pocatello, Idaho to locate at, Green Triangle Parking Lot, 4010 Yellowstone Ave. 6. Jack & Debby Betty, 4539 Ponderosa, Chubbuck, Idaho to locate at, McKnight's Parking Lot, 4500 Yellowstone Ave. and Pine Ridge Mall Parking Lot, 4155 Yellowstone Ave. Insurance requirements have been met by applicants. Fire Chief Eric King reviewed all applications, and will inspect all locations when the stands are in place. 95 COUNCIL MEETING MINUTES - (cont.) Jtme 8th., 1999 FIREWORKS PERMIT APPLICATIONS - (cont.) Councilman Quick 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 Keams seconded. All council members voted in favor of motion. GARDEN pARK SUBDIVISION FINAL PLAT - Council reviewed the Garden Park Subdivision Final Plat. Discussion about park dedication fee required. Councilman Keams moved to approve the Garden Park Subdivision Final Plat as presented. Councilman Gunter seconded. All council members voted in favor of motion. RESOLUTION//2-99 - A resolution declaring the intention of the council of the City of Chubbuck, Idaho to create Local Improvement District #2 for the City of Chubbuck for the purpose of constructing and installing certain street improvements in the district, providing the kind and character of the proposed improvements, describing the boundaries of, and the property to be benefited by, the proposed district; providing that the total estimated costs and expenses of said improvements are to be assessed against the lands to be benefited by said improvements. Attorney Holmes read Resolution #2-99 by title. Councilman Quick moved to adopt Resolution #2-99 as read. Councilman Kearns seconded. All council members voted in favor of motion. ORDINANCE//509 - Amending Chapter 18.040.50(P); "Production Building" to provide no production building produced prior to June 15, 1976 may be moved in the City after May 1, 1999 unless such production building has been issued a certificate of compliance in accordance with Title 44, Chapter 25, Idaho Code. Attorney Holmes read Ordinance #509 by title only for the third and final reading, one of which was in full. Councilman England moved to adopt Ordinance #509 as read. Councilman Gunter seconded. All council members voted in favor of motion. COUNCIL MEET1NG MINUTES - (cont.) June 8th., 1999 97 FINDINGS OF FACT AND CONCLUSIONS OF LAW - THILMONT/FRASURE APPEAL TO CITY COUNCIL, Attorney Holmes stated while preparing the Thilmont/Frasure Appeal.Findings of Fact and Conclusions of Law he found that the May 1 lth., 1999 Council Minutes reflected there will be a designated playground area, Attorney Holmes notes reflected, that the play ground area is to be provided in the tent area depicted on the site plan adjacent to the central office/laundry and restroom building, Attorney Holmes suggested the May 1 lth., 1999 Council Minutes be amended to reflect this. Councilman Keams moved to accept the Findings of Fact and Conclusions of Law, and also amend the May 1 lth., 1999 Council Meeting Minutes to reflect the designated playground area to be pi-ovided in the tent area depicted on the site plan adjacent to the central office/laundry and restroom building. Councilman Quick seconded. All council members voted in favor of motion. CLAIMS - Computer print-out claims presented to Mayor Cotant and Council. Councilman Gunter moved to approve computer prim-out claims as presented. Councilman England seconded. All council members voted in favor of motion. GENERAL DISCUSSION - 1. Councilman Keams stated he attended a SICOG Board Meeting, there was a presentation from Census Bureau, she said there will be no statistic modeling, or sampling allowed to develop census numbers. Ifa resident does not return the card, they will not be counted. The Census Bureau will be coming to Chubbuck looking for a representative to be City of Chubbuck's Census Coordinator. City should be looking for a representative to suggest and also, make sure we get the word out, that if the resident does not send back the census card they will not be counted, Councilman Kearns suggested, maybe use of "Mayor's Letter", water bills, etc. 2. Because of Association of Idaho Cities Conference the week of June 21st., 1999, Council decided to move next regular meeting to June 29th., 1999, instead of June 22°a, 1999. ' At 9:15 p.m., Councilman Quick moved, Councilman England seconded, with full council approval to adjourn meeting. Ron C. Conlin,' City Clerk C a(g' W. Parrish Attorney At Law P.O. Box 4321 Pocatello, ID 83205 208-234-1202 May 6, 1999 LARRY KOHNTOPP LAND USE PLANNER CITY OF CHUBBUCK P O BOX 5604 CHUBBUCK ID 83202-0006 RE: VALENTY ROAD CONDITIONAL USE PERMIT Larry, This letter is in response to your request that we refile our conditional use permit for the Mobile Home Court on Valenty Road. As per our meeting held last week you had requested that I send a letter to you on behalf of Becky Parrish asking that the conditional use permit granted by the city in tiffs matter be reviewed and continued and that we be scheduled to appear in front of the city council and make the necessary steps to have that conditional use permit extended appropriately. Pursuant to our conversation last week, we are aware and, in fact, we are more than willing to stipulate to the installation of curb and gutter and sidewalk along the Valenty Road edge of the property to be installed in a timely fashion as long as, of course, a reasonable time can be allowed for that to be put in. I would indicate to you that we have already taken steps with the contractors to at least submit the bids and we will have that work done. Undoubtedly, it will not be installed before we have our hearing with the city council. You had also mentioned some grass, perhaps, being put in on the northeast corner of the property where, as far as I can tell from the pictures you provided, it appears to me there is some construction debris that needs to be removed and, I think, there is probably some grass/weeds there already that need to be maintained or installed to make it nice for the residents. These are both additional stipulations that we would be more than happy to comply with. If you would please schedule us with the council for this conditional use permit, I would appreciate it very much and contact me whatever else I may nee~.~odrnbl~ior to that appearance so that I can be prepared. I appreciate yo~,. e.~ort~s accordingl.7/If you have any questions, do not hesitate to contact me / ~ ./' ../. C~/jkb : 1,,.. ] ] c: BeckY Parfish ~' ~ LETTERRE: VALENTY ROAD CONDITIONAL USE PERMIT - 1