HomeMy WebLinkAbout03 27 1990 CM71
COUNCIL MEETING MINUTES
Maroh 27, 1990
Minutes of regular meeting held in the city municipal building,
March 27, 1990.
Present: Mayor John O. Cotant, Jr., Council members 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 at 7:45 p.m. by Mayor Cotant.
INVOCATION was given by, Pastor Jim Frisbie, United Methodist
Church.
APPROVAL OF MINUTES Mayor Cotant asked for corrections or
additions to the minutes of March 13, I990.
Councilman England moved to approve the minutes of March 27,
1990 as read. Councilman Quick seconded. All council members
voted in favor of motion.
ZONING CHANGE AT 201W. LINDEN - A proposal by Gary Ratliff, 4970
Apache, Pocatello, Idaho, for a change of Land Use Distriot
from Limited Residential (R-2), to General Commercial (C-2),
at 201W. Linden.
This hearing is being brought up at the Council's motion to
reconsider, the original rezone was conditioned upon, Mr.
Ratliff, building a mini-storage unit at 201W. Linden. This
hearing was tabled from the March 13, 1990 Council Meeting.
Mayor Cotant asked for comments for and against tile zoning
change at 201W. Linden.
Attorney Steve Larsen, Attorney for Gary Ratliff said the
zoning change would be good for the area, for the following
reasons: 1. Zoning change does conform to the City's
Comprehensive Plan. 2. Rezone to (C-2), will help relieve an
eyesore in the area.
Councilman England moved to approve Gary Ratliff's request for
a change in zoning at 201W. Linden, from Limited Residential
(R-2), to General Commercial (C-2). Councilman Landon
seconded. All council members voted in favor of motion.
REVIEW OF CONDITION PUT ON MINI-STORAGE AT 201W. LINDEN - At the
March 13, 1990, Gary Ratliff stated, if he is not required to
put slats in the fence facing W. Linden, he would continue
with the mini-storage units.
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REVIEW OF CONDITION PUT ON MINI-STORAGE AT 201 W. LINDEN - (cont.)
Attorney Steve Larsen said Mr. Ratliff is basically in
agreement with all of the conditions put on the conditional
use permit for the construction of the mini-storage units
with, two exceptions: 1. Screening requirement along
Linden. 2. Requirement of curb, gutter and sidewalk, the full
length of the mini-storage project. Mr. Ratliff is asking for
a modification of the conditional use permit to allow him to
put in the curb and gutter abutting the property, as it is
developed. Attorney Larsen said Mr. Ratliff is asking the
Council to modify the requirement of the screening fence
along W. Linden. Attorney Larsen stated, financial reasons are
why Mr. Ratliff is asking for modifications, on the
conditional use permit.
Bill Aller, 222 1/2 W. Linden said he would want Mr. Ratliff
to install the screening fence on W. Linden, and limit parking
of two vehicles or equipment on the property.
Gary Ratliff proposed installing
all the 'may around the property,
Linden Road.
a security chain link fence
but, could not screen on W.
Mike James, 208 W.
chain link fence.
much more.
Linden said he wants the slats in the
Mr. James felt the cost would not be that
Councilman England expressed concern, if Mr. Ratliff is
required to put in the entire length on curb, gutter and
sidewalk at once, there needs to be consistency when the next
developer wants to do the same thing, but, there is no
objection.
Councilman England suggested landscaping as a buffering. Mr.
Aller said he would not have a problem with effective
landscaping, shrubs, trees, etc.
Mr. Ratliff expressed concern of blocking his storage units
from view, because of security reasons.
Harry Lewis, 221W. Linden expressed concern of weeds catching
on fire, and burning him out. The area is required by
ordinance to be kept clear of weeds.
Bill Slaver, 147 W.
property is commercial
to and from school.
Linden stated if the length ,of the
property, where do the children walk,
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ZONING CHANGE AT 201W. LINDEN (cont.)
Discussion about Findings of Fact, and Conclusions of Law.
Counci]man Landon moved to modify a Council decision, November
28, 1989, granting Mr. Ratliff a conditional use permit to
build a mini-storage unit at 201 W. Linden, subject to two
modifications: 1. 6' chain link fence, the length of Mr.
Ratliff's property on W. Linden Ave. 2. Mr. Ratliff can store
backhoe and trailer on property. Councilman England seconded.
All council members voted in favor of motion.
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. Chubbuok Rd.
Mrs, Venna McCallum, 223 E. Chubbuck Rd. presented an appeal
to the Council, at the March 13, 1990 Council Meeting. The
appeal was tabled until tonights meeting, March 27, 1990.
Mrs. McCallum stated there are 12 widows, or single women, on
E. Chubbuck Road, Mrs. McCallum is against a bar being allowed
at 212 E. Chubbuck Rd.
Dee Howell, 224 E. Chubbuok Rd. presented a petition, with
approx. 300 signatures, in opposition to the bar, to Mayor
Cotant and Council, Mr. Howell expressed the following
concerns:
1. Lower property values.
2. Lights and noise factor.
3. Traffic and Parking problems.
4. Invade their privacy.
Jan Heinz, 4796 Branson stated the following concerns:
1. Felt Chubbuck Rd. is too narrow for a bar.
2. Too many children in the area.
3. Traffic patterns and parking problems.
4. Felt there are too many bars in Chubbuck Rd.
5. Increased law enforcement problems.
Mr. Heinz was opposed to a bar being located at
Chubbuck Road.
212 E.
Attorney Holmes 'was asked to read conditional use permit
criteria that should be considered while granting conditional
use permits.
Jim Humble, 230 E. Chubbuck Rd. expressed the following
concerns:
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APPEAL OF CONDITIONAL USE PERMIT - BAR AT 212 = CHUBBUCK RD. -
1. Property values lowered.
2. Noise
Mr. Humble is against a bar
Chubbuck Rd.
being located at 212 E.
Mary Byington expressed the following concerns, with a bar
being located at 212 E. Chubbuck Road.
1. Is another bar in Chubbuck, what the City really
wants.
2. Nigh~ time bar traffic will affect the area.
3. Traffic problem.
4. Noise.
5. Fights between bar patrons.
6. Atmosphere around the bar.
Mrs. Byington is opposed to a bar being located at
E. Chubbuck Re.
Byran Haws, 654 Canal stated he has concern for safety of the
families in the area.
Mayor Cotant asked for comments from those in favor of the
bar.
doyce Hopkins, 4845 Trent stated she felt there was plenty of
parking. Mrs. Hopkins said she talked to the assessors office
and very clearly, anytime land is zoned commercial, it raises
the land value.
Mayor Cotant asked if there was comments from Mr. or Mrs. Gail
Roger, Mr. and Mrs. Rogers had no comment.
Dean Groesbeoh, 750 E. Chubbuck Rd. said the residents have
gone to the trouble of obtaining 300 signatures from residents
in the City of Chubbuck, Mr. Groesbech said we do not need
another bar in Chubbuck.
Mayor Cotant asked if there was any other comments. There 'was
Mayor Cotant asked for comments from the council.
Councilman Landor moved to reverse the Land Use and
Development Commission's decision to allow Gail Rodgers
to operate a liquor bar at 212 E. Chubbuck Rd., and deny the
conditional use permit. Councilman England seconded. All
council members voted in favor of motion.
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REVIEW OF CONDITION APPLIED TO DENNIS G. ROGERS CONDITIONAL
PERMIT TO OPERATE A BAR AT 212 E. CHUBBUCK ROAD -
Regarding an 8' fence from rear of building to East
Chubbuck Rd.
USE
Conditional Use Permit for Mr. Dennis Rogers %o operate a bar
at 212 E. Chubbuck Rd. was denied by Council, therefore, this
item on agenda will not be discussed.
ORDINANCE ¢331 -An ordinance, annexing certain lands to be included
with 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.
directing the City Clerk to comply with the filing
requirements contained in Idaho Code Section 63-2215.
Mayor Cotant read Ordinance ¢331 in full.
Councilman England moved to dispense with the rule of reading
Ordinance ~331 on three separate occasions. Councilman Wood
seconded. Roll Call Vote: Quick, yes; England, yes; Landor,
yes; Wood, yes.
Councilman Wood moved to adopt Ordinance ¢331 as read.
Councilman Landor seconded. Roll Call Vote: Quick, yes;
England, yes; Landor, yes; Wood, yes.
ORDINANCE - PROPERTY MAINTENANCE - An ordinance adding Chapter 8.24
to the Chubbuck Municipal Code providing for the maintenance
of property within the City of Chubbuck.
Discussion about whether or not our current ordinance will
take care of problem areas in the City.
Councilman Wood suggested a lot of the problem is, the
residents that are having a problem, are having financial
difficulty, and would not be able to pay anyway.
After discussion, it was decided the Council will review and
discuss at the April 10, 1990 Council Meeting.
CLAIMS - Computer print-out and hand check claims presented to
Mayor Cotant and Council. City Clerk Conlin said there are two
additional hand check claims; $500.00 to Brian Muir and
$500.00 to Annette Cooley, for administration of umpires for
T-Ball-Tiger Ball and Girls Softball.
Councilman England moved to approve computer print-out and
hand check claims, as read, with two additional hand cheek
claims of $500.00 Brian Muir and $500.00 Annette Cooley.
Councilman Quick seconded. Ali council members voted in favor
of motion.
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PROPOSED FIRE STATION BOND - Fire Chief Campbell presented a Fire
Station Cost Estimation to Mayor Cotant and Council.
Fire Chief Campbell explained to Mayor Cotant and Council a
break down on the estimated costs.
Total estimated cost of building is $586,000.00.
Estimated cost of election, promotion, bond printing, counsel
and bond registration is approx. $9,000.00. This does not
include architectural oosts.
Mayor Cotant suggested updating and remodeling the present
fire station.
Fire Chief Campbell said we could save a lot, updating and
remodeling the present station. Fire Chief Campbell gave
report on what he thought would need to be updated at the
present fire station.
After discussion, Mayor Cotant called a Special Meeting, April
3, 1990, at 5:00 p.m. to discuss the proposed Fire Station
Bond.
GENERAL DISCUSSION -
Mark Bunce, 755 E. Chubbuok Rd. said he has a cat
problem around his home. Mr. Bunce was directed to contact
the Police Department, they have cat traps that can be
used.
Mayor Cotant and Council is invited to Idaho Farm Bureau
Open House, April 12, 1990, 2:00 p.m. to 6:00 p.m. Ribbon
Cutting at 1:30 p.m.
SEWER FACILITY PLANNING STUDY SELECTION OF CONSULTANT - Mayor
Cotant and Council interviewed Eric Stewart, Stewart
Engineering and Jim Keller, Forsgren Associates in a Special
Meeting prior to tonights regular Council Meeting.
Councilman Quick said he would prefer to hire the firm, with
the most experience with the computer program.
Councilman England stated the City will usually go with the
the firm in the City, but, in this selection, the experience
with the computer program is very important.
PWD Smart recommended Forsgren Associates be selected as the
Sewer Facility Planning Study Consultant. PWD Smart said the
planning document we get from Forsgren Associates will be more
suitable to the City's needs.
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SEWER FACILITY PLANNING STUDY SELECTION OF CONSULTANT -(oont.)
Councilman Quick moved to select Forsgren Associates to do
the City of Chubbuck's Sewer Facility Planning Study.
Councilman England seconded. Roll Call Vote: Quick, yes,
England, yes; Landon, no; Wood, no; Cotant, yes. Motion
passed, three to two.
At 10:50 p.m., Councilman Landon moved, Councilman Wood seconded,
with full council approval to adjourn meeting.
Ron O. Conlin, City Clerk