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HomeMy WebLinkAbout03 13 1990 CM53 COUNCIL MEETING MINUTES March 13, 1990 Minutes of regular meeting held in the city municipal building, March 13, 1990. Present: Mayor John O. Cotant, Jr., Councilmembers Leroy S. Quick, Steven M. England, David A. Landor, W. Dean Wood, Attorney Thomas J. Holmes, Public Works Director Steven M. Smart and City Clerk Ron C. Conlin. Meeting was called to order a 7:30 p.m. by Mayor Cotant. APPROVAL OF MINUTES - Mayor Cotant asked for corrections or additions to the minutes of February 27, 1990, and Special Meeting Minutes of March 6, 1990. Councilman Wood moved to approve the February 27, 1990 minutes as read. Councilman Quick seconded. All council members voted in favor of motion. Councilman Quick moved to approve Special Meeting Minutes of March 6, 1990, as read. Councilman Landon seconded. All council members voted in favor of motion. PUBLIC HEARING - Review of preliminary plat of the Church of Jesus Christ of Latter-Day Saint, a subdivision located on a tract of land in the west 1/2, Section 34, Township 5 South, Range 34 East, lying immediately north of Paradise Acres Subdivisions, along west side of Yellowstone Ave. Mayor Cotant declared the public hearing open. Ken Satterfield, 12256 N. Hiline Stake, LDS Church, was present to Cotant and Council might have on Rd., representing the Tyhee answer any questions, Mayor the project. PWD Smart passed to Mayor Cotant and Council copies of the preliminary plat for review. Mayor Cotant declared the public hearing closed. After discussion, Councilman England moved to accept the recommendations of the Land Use & Development Commission to approve the preliminary plat for the Bringhurst Subdivision. Councilman Landor seconded. All council members voted in favor of motion. PUBLIC HEARING - A proposal by the Church of Jesus Christ of Latter-Day Saints for a change in Land Use District, upon requested annexation to Limited Residential (R-2), for 55 PUBLIC HEARING -(cont.) property in the west 1/2 section of Township 5 South, Range 34 East, lying immediately north of Paradise Acres Subdivision along the west side of Yellowstone Ave, Mayor Cotant declared the public hearing open. There being no comment, for or against, Mayor closed the public hearing. After discussion, Councilman Wood moved to accept the. recommendations of the Land Use and Development Commission, for a change in Land Use District, upon requested annexation, to Limited Residential (R-2), for property in the west 1/2 section of Township 5 South, Range 34 East, lying immediately north of Paradise Acres Subdivision, along the west side of Yellowstone Ave. Councilman Quick seconded. All council members voted in favor of motion. An annexation ordinance will be presented at the March 27, 1990, Council Meeting. PUBLIC HEARING - A proposal by Gary Ratliff, 4970 Apache, Pocatello, Idaho, for a change of Land Use District from Limited Residential (R-2), to General Commercial (C-2), at 201 W. Linden. Attorney Holmes said this public hearing is being brought up on the Council's motion to reconsider, the original rezone was conditioned upon Mr. Ratliff, building mini-storage units at 201 W. Linden. Mayor Cotant declared the public hearing open. Bill Aller, 222 1/2 W. Linden expressed concern of what Mr. Ratliff might put on his property, if the property is rezoned to General Commercial. Mr, Aller said he would be against the the zone change without knowing what will go in there. Elmer Saxton, Burley Drive said the mini-storage units look nice. Mr. Saxton is in favor of the zone change, Vera James, 208 W, Linden was in favor of leaving the neighborhood as is. Mrs. James said a change in the zoning to General Commercial at this time, is not in the best interests of the neighborhood. Harry Lewis, 221 W. Linden stated he has seen the storage units Mr. Ratliff has built, they look nice, he has no objection. Mr. Lewis said the storage units will improve the appearance of the neighborhood. Leman Whiting, Briscoe Rd. said changing the zone to General Commercial should make the property in the neighborhood more 57 PUBLIC HEAR - (cont.) valuable. Mr. Leman said the change would help the tax base of the City. Mike James, 208 W. Linden Ave. said he is against rezoning 201 W. Linden, General Commercial. Bill Slaver, 147 W. Linden said he does not want a change in zoning at 201W. Linden for the following reasons: 1. The land could be used for any purpose, without consent of neighborhood. 2. Street is not capable of handling commercial zone. 3. Children safety. John Valenty, 108 E. Chubbuck Rd. said, if the property at 201 W. Linden is zoned General Commercial, it will help the City's tax base, therefore, he is in favor of the zone change. Gary Ratliff, 4970 Apache, Pocatello said he was not aware of the November 28, 1989 Council Meeting, where the conditions for his mini-storage sheds were agreed upon. Mr. Ratliff said he should have been notified, so he could represent himself at the meeting. Mr. Ratliff said, after he thought about it, he decided he is not sure he will build the storage sheds. Mr. Ratliff stated he wants the property at 201 W. Linden zoned commercial, or renegotiate the conditions put on the mini-storage units. Mayor Cotant said throughout the years, the council has tried to understand and respect the residents involved on any impacts on them. Mayor Cotant expressed concern that some commercial uses might cause a problem on W. Linden, because of the traffic, it might generate, someone is going to have to bring the street to necessary specifications. Don Andra, 711 Victor said he did not understand why Mr. Ratliff is required to screen his mini-storage units, when they look better than most of the properties on W. Linden. Mr. Andra felt the City should enforce ordinances, we have on the books. Mayor Cotant closed the public hearing. Councilman Quick stated the City has an ordinance, that protects residential areas. Councilman Quick said he would have a hard time approving the zoning change, the way the street is on W. Linden. Attorney Holmes stated the zoning is a separate issue, than the conditional use permit issued to Mr. Ratliff. The discussion tonight is on the zoning change only. 59 PUBLIC HEARING - 201W. LINDEN REZONE - (cont.) Councilman England asked if there is a way to alternate conditions put on the conditional use permit tonight. Attorney Holmes said it could not be changed tonight. the Mr, Ratliff stated, if he is not required to put slats in the fence along the front of the property he would continue with mini-storage units. After discussion, it was decided to table the change in Land Use District proposed by Mr. Ratliff until the March 27, 1990 Council Meeting. Council will discuss the change in Land Use District, and also discuss conditions put on Mr. Ratliff's conditional use permit to build mini-storage units at said meeting. APPEAL OF LAND USE AND DEVELOPMENT COMMISSIONS DECISION to approve a conditional use permit to Dennis G. Rogers to operate a bar at 212 E. Chubbuck Road. Mrs. Venna McCallum, 223 E. Chubbuck Rd. presented an appeal to the Council asking the decision by the Land Use & Development Commission be repealed. Mrs. McCallum expressed the following concerns in her appeal: 1. Too many bars in the City now. 2. Concern about fights. 3. Increased traffic on E. Chubbuck Rd. 4. Noise and lights. Jim Humble, 230 E. Chubbuck Road said he works nights, and expressed the following concerns: 1. Traffic and noise will keep him awake. 2. Devalue property values. 3. Could discourage other businesses from neighborhood. 4. Too many bars in Chubbuck now. locating in Mary Byington, 225 E. Chubbuck Rd. expressed the following concerns: 1. Excess traffic generated. 2. Bar patrons walking from back of bar to the 3. Concern of children in area. 4. Noise. 5. Additional burden put on Police Department. 6. Could hurt ether businesses in area. 7. Past reputation of the City. 8. Devalued property values. front. 61 APPEAL - (cont.) 9. Peace of' mind. 10. Safety. 11. Noise. 12. Too many bars now · Mrs. Byington said there was not enough notice for residents in the area to get information for the appeal. Mrs. Byington said there is a petition being prepared, that is not ready for tonights meeting. Janet Rogers, 4845 Trent responded to Mrs. McCallum's appeal. Mrs. Rogers said she felt the bar would help bring in other businesses. Mrs. Rogers said the school traffic should be dispensed by the time bar patrons would increase any traffic. Mrs. Rogers said the bar would not devalue property values, but, in all likely hood, bring the values up. Ann Evans, 146 East Chubbuck suggested a traffic study be done, to see what impact the bar might have on E. Chubbuck Road. Mrs. Evans expressed concern E. Chubbuck Rd. is a main road for school travel. Gall Rogers, 4845 Trent said he would like to appeal the 8' fence requirement, the Land Use and Development Commission put on the approval of the conditional use permit. Attorney Holmes suggested Mr. Rogers file an appeal with the City Clerk, After discussion, it was decided the appeal will be tabled until the March 27, 1990 Council Meeting. BEER, WINE & LIQUOR APPLICATION - John Gardiol, C. Js' Watering Hole, (formerly Oxbow) was present to tell the council there was a mixup on his State of Idaho application for beer, wine & liquor, therefore he does not have the paper work ready for Council review. Mr. Gardiol said the paper work should be here this week, and he will have application for next March 27, 1990 Council Meeting. Asst. Police Chief Jerry Rowland stated Mr. Gardiol has a temporary license to sell from the State of Idaho and Bannock CO. Council tabled the beer, wine & liquor application until the March 27, 1990, Council Meeting· PARKING PLACE DETERMINATION - Fire Chief Cary Campbell stated Angela Hernandez, 3330 Garrett Way has asked for time on the council agenda, so she might determine how many parking spaces 63 PARKING PLACE DETERMINATION - (cont.) they would need, if they used the old "Dan's" Building for an auction arena. Fire Chief Campbell said Angela Hernandez is not present tonight, and he did not have ail the information. FC Campbell was directed to contact Angela Hernandez and invite her to the next meeting, or get necessary information. Council tabled the parking place determination, until the March 27, 1990 Council Meeting. ORDINANCE ~328 - An ordinance annexing certain lands to be included within the boundaries and jurisdictional limits of the City of Chubbuck, specifying the zoning classification which shall be applied to said lands newly annexed to the City of Chubbuck. Mayor Cotant read Ordinance ~328 in full. Councilman Landon moved to dispense with the rule of reading Ordinance ~328 on three separate occasions. Councilman Quick seconded. Roll Call Vote: Quick, yes; England, yes; Landon, yes; Wood, yes. Councilman England moved to adopt Ordinance ¢328 as read. Councilman Landon seconded. Roll Call Vote: Quick, yes; England, yes; Landon, yes; Wood, yes. PARK BENCH AGREEMENT - Dan Bellows proposes to place bench seating at points of pedestrian convenience such as crosswalks, bus stops, school bus stops, parks, schools, etc. The project is based upon the ability to place their advertisement on the back rest of each bench. Mr. Bellows is willing to restrict such advertising that would be offensive to the public. Bellows would agree to provide and maintain this project at no cost to the City. Furthermore, Bellows will maintain a $500,00. liability insurance policy with the city listed as an additional insured. The benches will be continually inspected and kept in good repair. Attorney Holmes reviewed and approved the agreement. After discussion, Councilman England moved to direct Mayor Cotant to enter into agreement with Bellows. Councilman Landon seconded. All council members voted in favor of motion. PROCLAMATION "RAILROAD CROSSING SAFETY AWARENESS WEEK" Cotant read the proclamation in full. Mayor 65 PROCLAMATION - "RAILROAD CROSSING SAFETY AWARENESS WEEK" - (cont.) Councilman Wood moved to direct Mayor Cotant to proclaim, March 26th., - March 31st. as "Railroad Crossing Safety Awareness Week". Councilman Quick seconded. All councilmembers voted in favor of motion. PROCLAMATION - "EMPLOY THE OLDER WORKER WEEK" - Mayor Cotant read the proclamation in full. Councilman Quick moved to direct Mayor Cotant to proclaim, March 11th. - 17th., as "Employ the Older Worker Week". Councilman Landor seconded. All council members voted in favor of motion. RESOLUTION ~2-90 - A resolution of the City of Chubbuck, authorizing the Mayor to cause material constituting a nuisance located on property within the City of Chubbuck to be removed, with the cost of such removal to be levied as a special assessment against the property whereon the nuisances are situation. Mayor Cotant read Resolution ~2-90. Councilman Landor moved to adopt Resolution ¢2-90 as read. Councilman Quick seconded. All council members voted in favor of motion. PROPOSED FIRE STATION BOND - PWD Smart and FC Campbell discussed with Mayor Cotant and Council, steps that need to be taken on the proposed fire station bond. After discussion, FC Campbell was directed to present exact costs on, property, building and legal fees, at the March 27th., 1990 Council Meeting. CLAIMS Computer print-out and hand check claims presented to Mayor Cotant and Council. Councilman Quick moved to approve computer print-out and hand check claims as read. Councilman England seconded. All council members voted in favor of motion. FINANCIAL REPORT for month of February, 1990 presented to Mayor Cotant and Council. SEWER FACILITY PLANNING STUDY- SELECTION OF CONSULTANT - PWD Smart said we received two proposals: Forsgren and Perkins and Eric Stewart. 67 SEWER FACILITY PLANNING - (cont.) After discussion, the council decided to call a Special Meeting, March 27, 1990, 6:30 p.m., and interview Forsgen & Perkins and Eric Stewart. GENERAL DISCUSSION: 1. Discussion about long range plan for widening streets, etc., keepin9 in mind business people should have to help improve the street they impact. W. Linden is a good example of where road is not capable of support commercial zone. 2. Discussion about where we are on Denny Jones property. At 11:12 p.m., Councilman Quick moved, Councilman England seconded, with full council approval to adjourn meeting. /John 0 Cotant, Jr , Mayor Ron C. Conlin, City Clerk