HomeMy WebLinkAbout11 28 1989 CM179
COUNCIL MEETING MINUTES
November 28, 1989
Minutes of a regular meeting held in the city municipal building,
November 28, 1989.
Present: President of Council Dwain A. Kinghorn, Leroy S. Quick, Steven
M. England, David A. Landon, Attorney Thomas J. Holmes, Public Works
Director Steven M. Smart and City Clerk Ron C. Conlin. Mayor John O.
Cotant, Jr. was excused from meeting.
APPROVAL OF MINUTES - President of Council Kinghorn asked for corrections
or additions to the minutes of November 14, 1989.
Councilman England moved to approve the minutes of November 14, 1989
as read. Councilman Landon seconded. Ail councilmembers voted in favor
of motion.
BUSINESS LICENSE APPLICATION - Brenda Pollard, 856 South 1st DBA Holiday
Trees at 860 W. Quinn has applied for license to sell dhristmas trees.
Fire Chief Cary Campbell checked the building, and approved the applic-
ation.
Councilman Landon moved to grant Brenda Pollard, 856 South 1st. DBA
Holiday Trees a business license to sell Christmas Trees at 860 West
Quinn Rd. Councilman Quick seconded. All councilmembers voted in favor
of motion.
BUSINESS LICENSE APPLICATION - Greg B. Smith DBA Charles F. Kirchner
Chapter ®rder of DemoTay has ~pplied forla-license to sell christmas
tkees at 4759 Yellowstone Ave.
Fire Chief Cary Campbell expressed concern the cars on the south side
of the Shamrock Auto Sales might not be removed, this could be a traffi,
hazard.
Councilman England moved to grant Greg B. Smith DBA Charles E. Kirchner
Chapter Order of Demolay, a business license to sell christmas trees
at 4759 Yellowstone Ave., subject to, Fire Chief Campbell and Mr. Greg
Smith meeting to correct any parking or traffic hazards. Councilman
Landon seconded. Ail councilmembers voted in favor of motion.
APPEAL BY MR. GARY RATLIFF - At the November 14, 1989 Council meeting the
Couhcil~direeted the Land-Use & Development Commission to meet and'approve
the October 5,~ ~989 LUD Minutes. The motion regarding the Ratliff
application has not been substantively changed. It has been punctuated
to convey the meaning desired by the LUD Commission. The motion con-
sists of four parts. Two part address requirements that would otherwise
be imposed on the development by our codes. These are the curb, gutter,
and piped ditch and the trees/landscaping requirements. The other two
parts address a special condition imposed as part of the conditional
use permit, that being to construct a screening fence along West Linden,
first going the sitance Ratliff stated he would develop initially, and
second to continue on across the frontage as the property is developed.
181
APPEAL BY MR. GARY RATLIFF - (Cont.)
Mr. Ratliff appealed to the city council two things; the screening
fence along the east (Slaven)]boundary and the fence on W. Linden
The solid fence along the east boundary is required by 18.12.020
C.I. This requirement cannot be repealed. The street improvements and
landscaping requirements are likewise part of our code and not subject
to repeal.
Gary Ratliff was not present at this meeting.
President of Council Kinghorn asked for comments from those in favor
of, or against the proposal.
Mike James, 208 W. Linden said he left the Land Use & Development
Commission Meeting with the impression Mr. Ratliff would install the
screening fence the complete length of Mr. Ratliff's property. Mr.
James said Mr. Ratliff is not trying to work with the residents in
the area.
Inda Aller, 222 W. Linden presented a letter her son, Bill Aller,
222½ W. Linden wrote in opposition to the appeal by Mr. Ratliff.
Mr. Aller said he felt the requirements, special provisions
recommended by the LUD at the October 5, 1989 LUD Meeting are the
minimum requirements that should be met by Mr. Ratliff. Mr. Aller said
he is concerned about the screening fence facing W. Linden and felt
the fence should be extended the full length of Mr. Ratliff's property
If this cannot be done at this time, a stipulation be passed requiring
this fence to be completed when additional buildings are erected or
at any time there is any material of any kind stored on this property
that is not inside the storage sheds.
Councilman Kinghorn said he felt the Council should make a decision
tonight, on what type of fence and where it will be required.
Bill Slaven, 147 W. Linden stated he has had trouble working with Mr.
Ratliff. Mr. Slaven is concerned Mr. Ratliff will use the property for
whatever he whats and nothing will be done. Mr. Slaven stated concern
of kids riding bikes, wagons, etc., and their safety. Mr. Slaven said
if the screening fence is required to go the full length of Mr. Rat-
liff's property, it will keep the kids out. Mr. Slaven was in favor of
requiring Mr. Ratliff to install the screening fence the full length
of Mr. Ratliff's property.
Councilman England stated he felt the Council needs to look at protect-
ing the residents that have lived there, it seems Mr. Ratliff has not
been very cooperative with the residents.
Fire Chief Campbell suggested Mr. Ratliff be required to install the
fence, before the foundation is allowed to be placed, he felt we might
have trouble enforcing the Screening fence requirement if the founda-
tion is started¥~ prior to'the fence being installed.
Councilman Landon expressed concern that, the council has not required
other developers in the City to extend a screening fence beyond their
183
APPEAL BY MR. GARY RATLIFF - (Cont.)
development. Councilman Landon stated.the city wants to stay consist-
ant throughout the city.
Attorney Holmes stated the council trys to stay consistent, but,
from what has been related to the council, we might need to require
Mr. Ratliff fence all his W~ Linden frontage property, %his might
be a special circumstance.
PWD Smart said, the city has levemage to require Mr.
install the fence, as Mr. Ratliff developes on W. Linden,
business license and building permit.process.
Ratliff to
through the
Councilman Kinghorn suggested the 6' screening fence be required to
be 6' above the gutter.
After discussion, Councilman Landon moved to deny Mr. Gary Ratliff's
appeal of the Land Use and Development Commission's decision to:
1) Require Mr. Ratliff to install the 6' screening fence requirement
along the east boundary. 2) Require Mr. Ratliff to screen the north
boundary, with beautification. Councilman England seconded. All
councilmembers voted in favor of motion.
Councilman England moved to amend the Conditional Use Permit adopted
by the Land Use and Development Commission as follows: 1) Paragraph 1
of the condition of the Land Use to read as follows: A 6' screening
fence, measured from the gutter facing W. Linden,-going the full length
of Mr. Ratliff's property, said fence to be located on the south side
of landscaping strip. Paragraph 3 of the condition of the Land Use to
read as follows: 1) Last sentence in fourth requirement will be deletec
2) No outside storage after construction is finished. 3) Pipe in piped
ditch must meet Fort Hall Irrigation specifications. 4) All conditions
must be met before occupancy. Councilman Quick seconded. All council-
members voted in favor of motion.
After amendment, the Conditional Use Permit which was granted, would
read as follows with the amended conditions:
1. A six (6') screening fence, measured from the gutter, facing
W. Linden and going to full length of Mr. Ratliff's property, said
fence to be located on the south side of the landscaping strip.
2. Attending curb, gutter and sidewalk with a covered (piped)
ditch to the point where the third building would begin.
3. Any future development on the property would require landscap-
ing, curb, gutter, sidewalk and piped ditch.
4. Trees landscaping shall be in compliance with the landscaping
ordinance.
5. No outside storage of any items would be allowed after the
construction of the first two units are finished.
6. The pipe in the piped ditch would meet Fort Hall Irrigation
District's specifications.
185
APPEAL BY MR. GARY RATLIFF - (Cont.)
7. Ail conditions of the Conditional Use Permit would be met
before occupancy would be allowed.
MOBILE HOME COMPLAINT AT BLUEBIRD A~D HILINE ROADS - PWD Smart said ehere
appears to be room on the lot to put two mobile homes, with lots of at
least five thousand square feet. PWD Smart said there is a chain link
fence that divides the lot, that will be required to be moved to the
westf to give proper side yard clearance.
PWD Smart stated the City has complete authority over any mobile home
remodeling, rebuilding, etc., with the exception of plumbing and
electrical, which is still under the control of the State.
Fire Chief Campbell said anytime one of the mobile homes have a HUD
seal on them, we have no control, but at anytime the mechanical,
electrial or plumbing has been changed, damaged or destroyed the City
has authority to enforce the Uniform Building Code.
Fire Chief Campbell expressed concern about the west side Of the mobil
home, where several stacks of ties are supporting the mobile home,
making the mobile home unstable.
The council directed Fire Chief Campbell to contact Rodney Parrish
and tell him the City has the authority eo enforce the Uniform Build-
ing Code on this or any mobile home brought into the City, that has
the HUD red seal broke. Based on this information, Fire Chief C~mpbell
is directed to red tag the mobile home at Bluebird and Hiline Rd.
PROPOSED PASTURE AREA ON EAST CHUBBUCK RD. -DON GREEN - Councilman Quick
said when he went by the area, he estimated 13 animals on the proposed
pasture. Councilman Quick expressed concern of too many animals for
the area.
PWD Smart said 12 or 13 is allowed on the proposed site.
The proposal will be on the December 7, 1989 Land Use and Development
Commission Agenda.
CLAIMS - Computer print-out claims have been presented to Mayo~ Cotant and
Council.
Councilman Quick moved to approve the computer print-out claims as
read. Councilman England seconded. All councilmembers voted in favor
of motion.
GENERAL DISCUSSION -
1)
Councilman Quick stated the Land Use & Development Commission
has decided, starting the first of the year, they would like to
review all ordinances to become better aquainted with them, but
also to make sure the ordinances are doing what we would want them
to.
187
~ENERAL DISCUSSION - (Cont.)
2).
Fire Chief Campbell recommended the wage for the firemen training
drills be increased $1.00 per training drill. Fire Chief Campbell
requested six more %raining drills per year. Councilman Kinghorn
asked if the requests were budgeted in this year budget. Fire Chief
Campbell said the two requests are covered in the budget.
3) 911 Ceremonies - Monday, December 4, 1989 at the County Commission-
ers Office.
FINANCE PROPOSALS FOR FIRE STATION AND SHOP ADDITION - PWD Smart stated,
at the November 14, 1989 Council Meeting, the council decided~n~t-to
proceed with a new Fire Station. PWD Smart said First Security Bank
got back to him, and they do not want to finance the shop addition
~i%hout the Fire Station, unless we give all city property as collat-
eral.
PWD Smart suggested the council reject the bids.
After discussion, it was decided to discuss at the, December 12, 1989
Council Meeting.
At 10:10 p.m., Councilman England moved, Councilman Quick seconded,
with full council approval to adjourn meeting.
Ron C. Conlin, City Clerk
'~wain A. Kin~h6r~President of
Council