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HomeMy WebLinkAbout04 12 1983 CMCOUNCIL MEETING MINUTES April 12, 1983 57 Minutes of the regular council meeting held in the city municipal building April 12, 1983. Present: Mayor John O. Cotant, Jr., Councilmembers Becky A. Hopkins, Dwain A. Kinghorn, Thomas S. Nield, LeRoy S. Quick, Attorney B. Lynn Winmill, Public Works Director Steven M. Smart and City Clerk Vera C. Armstrong. Meeting called to order at 7:30 p.m. by Mayor Cotant. APPROVAL OF MINUTES: Mqyor Cotant asked for corrections or additions to minutes of March 22 and April 5, 1983. Councilman Kinghorn moved to accept minutes of March 22 as written. Councilwoman Hopkins seconded motion. All councilmembers voted in favor of motion. Councilman Nield moved to accept minutes of April 5 as written. Councilwoman Hopkins seconded motion. Vote was unanimous in favor of motion. PUBLIC HEARING: James Reilly, D.V.M., Hawthorne Animal Hospital, has requested a conditional use permit to build twelve 10 ft. x 10 ft. horse shelters at 5011 Hawthorne Road. Property is presently zoned General Residential (R-2). Mr. Reilly was present. Mayor Cotant asked for any comments from anyone regarding the conditional use permit application. No comments were given. Councilman Kinghorn moved to grant the conditional use permit to James Reilly to build the horse shelters at his Animal Hospital. Findings of fact being 1)Owners of adjacent property have not expressed any opposition, 2)No increase of business created by activity for which permit is sought, 3) Perimeter of property can't be changed by applicant, with the conditions that 1) Building set back 50 feet from property line (variance for same has been granted by Land Use and Development Commission), 2) Buffer zone maintained of hedge or dense foliage, 3) Satisfy all ordinances of city of Chubbuck, 4) If City determines that the disposal of animal waste as part of the city garbage system is unacceptable then the applicant shall provide alternative method of disposing of animal waste without the use of the city's garbage collection. Councilwoman Hopkins seconded motion. All councilmembers voted in favor of motion. PUBLIC HEARING: A proposal by Jaculyn Korn for a conditional use permit to operate a small printing press at her home, 4851 Cole. Property is presently zoned General Residential (R-2). Mayor Cotant asked for any comments from audience. There were no comments in favor or against the conditional use permit for this home occupation. 59 PUBLIC HEARING - KORN - cont'd Councilman Nield moved to grant the conditional use permit to ~aculyn Korn for the operation of a home occupation involving a printing press at 4851 Cole, with the finding of fact, l) Operation has been conducted for some time with single press, monthly delivery of paper and random pick-up of printed material from home, 2) Press doesn't produce any significant noise and the following conclusions of law, 1) The use of the permit will not be injurious to the neighborhood, produce an adverse impact on the adjacent properties in economic values, transportation, noise, or work' an unreasonable hardship upon surrounding property owners. Councilman Quick seconded motion. All councilmembers voted in favor of motion. REQUEST TO SERVE BEER AND WINE ON SUNDAY. Richard K. Albee, Sea Galley Manager, has requested the city allow beer and wine sales on Sunday. Mr. Albee said they would De agreeable to setting dining hours from only 12:00 noon to 9:00 p.m. Mr. Albee said Idaho Code,-Title 23, Chapter 7, sets forth rules and regulations to abate the liquor nuisances if they should occur. Mayor Cotant said the police department are not anxious for opening up sales of wine and beer on Sunday. Enforcement of Idaho Code is very difficult for city. Mayor Cotant added, that the nation is working towards reducing driving under influence of alcoholic beverages and to open up the drinking regulations within city could work against this effort. Barry Allen, proposed buyer of Littletree Inn, said he has had much experience thoughout the Unites States and at most areas beer and wine sales are allowed in restaurants on Sundays. Discussion followed as to filing a petition to put the issue on the ballot this fall. Councilman Quick moved to deny Mr. Albee's request, at this time, to open the sale of beer and wine on Sunday. Councilman Nield seconded motion. All councilmembers voted in favor of motion. PUBLIC HEARING - LAND USE ORDINANCE - Notification of this public hearing with regard to the proposed revision of th~ City of Chubbuck's Land Use Ordinance through the enactment of a new ordinance has been published for hearing this evening. Mayor Cotant opened the hearing, and asked for any comments for or against the proposed revision of the Land Use Ordinance. There being no comments, Mayor Cotant closed the public hearing. WAIVER OF PLATTING - B & C Construction Inc., General Contractor, Bob L. Nestor owner, Inkom, Idaho has applied for a waiver of platting requirements to construct and operate a general contractors business on the S½ Lot 2 & 3, Boise Payette Tracts. WAIVEROF PLATTING-- B. & C. Construction cont'd. 61 Councilman Quick moved to grant request of waiver of platting to B & C Construction Inc., relevant facts being the business consists of one piece of property, one lot and one building which does not constitute a subdivison, with conclusions of law being that permit will not be injurious to neighborhood, produce an adverse impact on adjacent properties, transportation or public utilities. Council- woman Hopkins seconded motion. Vote was unanimous in favor of motion. WAIVER OF PLATTING - Vern Hancock, Architect, represented Clark REal Estate on the application for waiver of platting requirements to construct a Pocatello Chubbuck Stake building for the Latter Day Saint Church on a three and one-half acre parcel of property located north of Stuart Park and lying between Hawthorne Road and PortneQf District Library. Clark Real Estate sold a parcel of land to the Portneuf District Library approximately eight years ago. A graveled road only has been built fronting the Library. Clark Real Estate is now proposing to sell a three and one-half acre parcel to the Pocatello Chubbuck Stake for a Stake building. The church property will front Stuart Avenue with two proposed access Foads off Stuart Avenue. Discussion followed as to the granting of the waiver of platting, the question of the future development of the street which will lie between the church and the library. Mr. Hancock expressed concern about being held up on construction of church for the several months needed for platting process. Mr. Hancock said the Pocatello Chubbuck Stake does not plan nor have need for the use of the proposed street which will lie between the church and library properties. Mr. Rodney Clark of Clark Real Estate Company has given as reason for his request of waiver of platting that the property is being sold to a non-profit group, that he does not know what the balance of 'the ground will be used for and that provisions have been made for the improvements to comply with the requirements of the City of Chubbuck. Councilman Nield made motion to grant request of waiver of platting requirements according to findings that property does not involve subdivision according to Land Development Ordinance, does not create a street because of no proposed ingress or egress on the east of church property, because property does not encroach upon Stuart Street, that no significant negative impact on the Comprehensive Plan and would be subject to the following condition; 1) By October 1, 1984, that Rodney Clark, owner of land, will construct to city standards and dedicate to the city the proposed extension of Stuart Street along the eastern boundary of church property, 2) That applicant's acceptance of waiver of platting constitutes acceptance of this condition and their agreement to comply with said condition which agreement may be enforced by city by legal proceedings. Councilman Quick seconded motion. Roll call vote: Hopkins, no; Kinghorn, yes; Nield, yes; Quick, yes. 63 ACCEPTANCE OF IDAHO FIRST NATIONAL BANK lease purchase proposal on financing of the City Hall Annex. Attorney Winmill informed mayor and council of the need to take action on acceptance of finance proposal on City Hall Annex. The city had not received the proposal except verbally at the April 5 meeting. Councilman quick moved to authorize and direct the mayor and city clerk to enter into a lease with Idaho First National Bank to acquire the improvements to the city building as set forth in the bidding plans and specifications, including the base bid and Alternates #1, #2, and #3. The original cost of the leased improvements base bid is $214,310.00 with additional cost of $16,808.00 for improvements within the existing structure and $3,000.00 for attorney's fees. That sum which is $19,808.00 would be paid upon completion. Original cost of the lease improvements are to be constructed by B & C Construction Inc. pursuant to their bid. Idaho First National Bank will provide the lease financing and lessor will be Citizens Development Inc. The lease term will be four years commencing upon completion and acceptance by the city. The annual lease payment will be $60,882.51, which is calculated at an interest rate of 9.25%, with the condition; upon the authorization of mayor and city clerk that all lease documents and other related documents be completed, approved, and ready for signature before such date as the contractor, B & C Construction, Inc., has provided as deadline to hold their bid open. Councilman Kinghorn seconded motion, all councilmembers voted in favor of motion. SIGN DESIGN REVIEW - Carol Anselmi, 4807 Yellowstone, has made application for a design review on a 4 ft. x 10 ft. sign to be placed on face of their building. Councilwoman Hopkins moved to approve the design review of Carol Anselmi, 4807 Yellowstone, for a Treasure Chest Second Hand Store sign. Councilman Nield seconded motion. Vote was unanimous in favor of motion. FLUORESCENT LIGHTS IN NEW BUILDING ~ Mr. Willingham explained the savings on the solid state ballasts and fluorescent tubes in Alternate #4 and #5, on the new city building. CLAIMS - After reviewing claims, Councilman Kinghorn moved to approve the computer print-out of claims together with the list of hand checks. Councilman Nield seconded motion. Vote was unanimous in favor of motion. K SUBDIVISION FZLING FEE AND PLAT REVIEW FEE - Kent Kunz has withdrawn his preliminary plat and requests a return of his $40.00 fee. Public Works Director Smart said he had spent a few hours reviewing same. Councilman Quick moved to refund $20.00 of the plat review to Mr. Kurtz. Councilman Nield seconded motion. All councilmembers voted in favor of motion. GENERAL DISCUSSION l) Councilman Quick mentioned that Vic Herbert has questioned property owned by Pine Ridge Mall and lying west of the Mall for a bicycle dirt track. COUNCZLWOMAN Hopkins moved, Quick seconded motion, with full approval of council to adjourn meeting at 11:40 p.m. vera C. Armstrong, C-it~'Cl~>k council 65