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Home My WebLink About10 10 1995 CM149 COUNCIL MEETING MINUTES October 10, 1995 Minutes of regular meeting held at city municipal building, October 10, 1995. Present: Mayor John O. Cotant, Council members Leroy S. Quick, Steven M. England, W. Dean Wood, Marvin C. Gunter, Attorney Thomas J. Holmes, Public Works Director Steven M. Smart and City Clerk Ron C. Conlln. Meeting was called to order at 7730 p.m. by Mayor John O. Cotant. INVOCATION was given by Bishop Don Bllesner, 25th. Ward, North Pocatello Stake, The Church of Jesus Christ of Latter-Day Saints. PLEDGE ALLEGIANCE TO THE FLAG APPROVAL OF MINUTES - Mayor John O. Cotant asked for corrections or additions to regular meeting minutes of September 26, 1995. Councilman Gunter moved to approve regular meeting minutes of September 26, 1995 as read. Councilman Quick seconded. All council members voted in favor of motion. City Clerk Ron Conlin administered Oath to Police Officers, Brent D. Burgess, Ronald A. Rldgeway and James B. Ellis. PUBLIC HEARING An application by Southern Idaho Corp., of SDA, 1535 Troy Lane, Pocatello for a change in Land use District upon requested annexation to light commercial, (C-l), for 8 acres. Property is located on the SE corner of Siphon rd. and the railroad tracks. Mayor Cotant declared the public hearing open. Councilman Wood stepped down from his seat because of a conflict of interest. Ken Weakly, 8244 Buckskin Rd. explained the development plans for property on the southeast corner of Siphon Rd. & Railroad tracks. Mr. Weakly stated initially they would like to build a school, then a gym, then a church. Mr. Weakly said he is aware of Siphon Rd. being five lanes in the future. Mr. Weakly said Mr. Dekay has given them permission to run the sewer across his property. Mr. Dekay is willing to grant an easement for the sewer, but is not willing to give a right-of-way at this time. Mr. Weakly presented a plan of the proposal to the Council. 151 PUBLIC HEARING - SOUTHERN IDAHO CORP. OF SDA (cont.) Glen Marshall, 200 So. Main stated this is an industrial area. As the industries grow, the industries need to know they can grow, that they will not be an impact on residential, schools that come ln. Mr. Marshall stated he is not in favor of the proposal, and suggested the Councll accept the Land Use & Development Commissions recommendations, and deny the request. Gary Hagler, 4806 Independence Coca Cola Representative stated Coca Cola purchased their property over 15 years ago thinking this would be an industrial area. Mr. Hagler asked the Council to accept the recommendations of the Land Use & Development Commission and deny the proposal. Paul Villano, 400 Pebble Lane, Pocatello expressed concern about safety of the children if a school is put in the industrial area. Mr. Villano said his companies are considering, whether or not to move to the area, the decision could affect their decision. Mr. Vlllano was opposed to the proposal. Dean Funk, 1749 So. Fairway, Pocatello stated he owns the property, and felt a school or church will not impact the industrial area. Mr. Funk spoke in favor of the proposal. Lea Olsen, 1535 Troy Lane stated the church is aware this is an industrial area, and does not think there is a problem. There will be only 17 students at this time. Mrs. Olsen explained how the school operates. Mrs. Olsen spoke in favor of the proposal. John Merzlock, 920 Deon Drive, Coldwell Banker Real Estate presented an opinion on the property. Mr. Merzlock spoke in favor of the proposal. Lorl Kremer, Pocatello stated she is a parent of a student that goes to Jessie Clark School. Mrs. Cramer said the kids are constantly monitored. Mrs. Cramer spoke in favor of the proposal. Rich Kirkham. Garrett Business Park stated there is a school in the business park. Mr. Klrkham stated the school is working well. Mr. Klrkham spoke in favor of the proposal. Mayor Cotant stated for safety reasons, the City and State, both want to limit access on to Siphon Rd. Kurtis Olsen, 1535 Troy Lane spoke in favor of the proposal. Mayor Cotant declared the public hearing closed. 153 PUBLIC HEARING - SOUTHERN IDAHO CORP - OF SDA- (cont.) Attorney Holmes explained the annexation could be a problem because of the property not being contiguous with City boundary, the railroad is between proposed property and City boundary. Councilman Quick expressed concern about there being no railroad bars on Siphon Rd. railroad crossing. Councilman England stated there should be as few accesses on to Siphon Rd. as possible. There will also be an 80' road way required on Siphon Rd. Councilman England moved to accept the recommendations of the Land Use & Development Commission and approve a change in the Land Use District upon requested annexation to Light Commercial (C-l), for 8 acres. Councilman Gunter seconded. Quick, no; England, yes; Gunter, yes; Wood, abstained. Motion passes. PUBLIC HEARING - An application by Southern Idaho Corp. of SDA, 1535 Troy Lane, Pocatello for a review of a preliminary plat for Jessie Clark Subdivision. A subdivision located on the SE corner of Siphon Rd. and the railroad tracks. Councilman Wood stepped down from his chair because of conflict of interest. Mayor Cotant declared the public hearing open. Mayor Cotant declared the public hearing closed. Councilman Gunter moved to accept the recommendations of the Land Use & Development Commission to accept the Southern Idaho Corp. of SDA Preliminary Plat, subiect to 1) A 50' sewer line easement to Whltaker Rd. and, 2) Waived the curb, gutter and sidewalk on Siphon Rd. as to such time as the rest of the street is developed, there will be participation by the owner as determined by the City. Councilman England seconded. Roll Call Vote~ Quick, no; England, yes; Gunter, yes; Wood, abstained. Motion passed. APPEAL - SOUTHERN IDAHO CORP. OF SDA - CONDITIONAL USE PERMIT DENIED, OCTOBER 5, 1995 - DEAN FUNK - Councilman Wood stepped down because of conflict of interest. Councilman Gunter stated, if there was someway the school could access on to Whitaker Rd., rather than Siphon, there would be no problem. 155 APPEAL - SOUTHERN IDAHO CORP. OF SDA- CONDITIONAL USE PERMIT DENIED OCTOBER 5, 1995 - DEAN FUNK - (cont.) Mr. Weakly stated he cannot Justify the expense of building the road access to Whitaker Rd. at this time. Councilman Quick stated he feels the City owes some integrity to the Industrial zone created several years ago. Mayor Cotant expressed concern that by approving this proposal, the Council would set a precedence along Siphon Rd. It would be hard to tell the next person no, if this proposal is allowed. Mr. Funk felt the growth on Siphon Rd. is not going to happen all at once, and the school proposal should be allowed. Councilman Quick moved to deny the appeal presented by Dean Funk, and uphold the Land Use and Development Commission's decision to deny a conditional use permit to Southern Idaho Corp. of SDA to construct a school. Councilman Gunter seconded. Roll Call Vote~ Quick, yes; England, no; Gunter, yes; Wood, abstained. Motion passes. PUBLIC HEARING - An application by the City of Chubbuck to update the City's Comprehensive Plan. Attorney Holmes explained why the item is on the agenda. President of Council Gunter declared the public hearing open, asking for comment, there being no comment, President of Council Gunter declared the public hearing closed. Councilman Wood moved to approve the update of the City of Chubbuck Comprehensive Plan. Councilman Quick seconded. All council members voted in favor of motion. APPEAL - CONCERNING RECENT APPROVAL OF CONDITIONAL USE PERMIT TO LEE AND CINDY MADDEN TO OPEN AN IMPOUND STORAGE YARD AT 145 LINDEN Bill McKee, McKee's Feed and Seed presented a petition appealing the recent approval of the conditional use permit for Lee Madden to open an impound storage yard at 145 E. Linden. Councilman Wood stepped down from his council chair because of a conflict of interest. 157 APPEAL - LEE & CINDY MADDEN - (cont.) The petition states the residents were told at the Land Use & Development Commission Meeting that an agreement must be met concerning the irrigation ditch on their property. It is essential that the irrigation water be allowed to go through the Madden property, as it has done for years. Another concern is bright lights that are proposed to shine at night around the property. Cindy Madden, 5008 Yellowstone Ave. stated Madden's had agreed to put the fence up 4 1/2' from center of ditch to allow access to the head gates for cleaning the ditch. Mrs. Madden stated, if lighting is a concern, there is some lighting now, but, they are not planning to install more lights. Jerry Hltchcock stated his concern is, they need approx. 10' to clear the ditch with a tractor, or they have to do by hand. It was stated Bill McKee's fence is right up to the ditch. Mrs. Madden stated they do not want the property for a salvage yard, but a storage yard. Lee Madden, 5008 Yellowstone Ave. stated there will be a solid steel fence installed. Residents will not have to look at any of the stored vehicles. Mr. Madden stated he wants to work with the residents in the area. Mrs. Waldrum, 147 Evans Lane stated she felt this property is not a good place to put a storage business. Discussion about landscaping requirements. Councilman Gunter moved to deny the appeal and uphold the decision of the Land Use & Development Commission, with conditions required by Land Use and Development Commission, subject to Mr. & Mrs. Madden complying to City Landscaping Code to grant Lee and Cindy Madden a conditional use permit to open an impound storage yard at 145 E. Linden A v e Councilman England seconded. Roll Call Vote: Quick, yes; England, yes; Gunter, yes; Wood, abstained. BUSINESS LICENSE APPLICATION - James West, Service, 4637 Sawtooth has applied for a limousine service in the City. Wild West Limousine a license to operate The Police Department did not have a problem with the application. 159 BUSINESS LICENSE APPLICATION - JAMEs WEST - (cont.) Steven Empey, 1049 Everett Ave., Pocatello was present to explain to Mayor Cotant and Council, Mr. West's plans for operating a limousine service in the City. After discussion, Councilman England moved to approve business license to James West, Wild West Limousine a Service. Councilman Wood seconded All COUncil members voted in favor of motion. · REVOCATION OF BUSINESS LICENSE - AMILCAR GONZALES TO SELL FIREWOOD - Amilcar Gonzales, 321 Alice, Blackfoot, Idaho had been iSSUed a business license to Sell Wood in the city. A condition of that license was obtaining Permission from the landowner to place the truck upon their property. Mr. Gonzales received permission from Parrishes, for 30 days at a time. City has received complaints fro ~?~ Of WOOd being sold m ~+~_m__citl~ens regardin t the wo~ ~ _ ~-. =unZales told the c~*~- S ..... ~unzales uu, put to date, he has not. ~x~en ne WOuld replace Mrs. Gonzales Stated the Forest Service sold them bad wood ano she has been out of town. Mrs. Gonzales stated, Mr' Gonzales Will replace the b customer th ad WOod to · is weekend ending. Oc ~ ..... the dissatisfied · t~=~ iD, 1995. Councilman England moved to revoke the business license granted to Amilcar the bad wood is not Gonzales, 321 Alice, Blackfoot, Idaho if replaced to the dissatisfied customer the Weekend ending, October 15, 1995. Councilman Quick Seconded. All COUncil members Voted in favor of the motion. FENCE REQUIRED AT 218 W. CHUBBUCK ROAD - Mayor Cotant stated the City talked to Don Bosworth, (new Owner of property), agreed the fence Will be installed around his Property on he 218 W. Chubbuck Rd. apartment complex project. The fence Will be a 6' solid fence. Jerry Hoge, the the other Owner of the Project Will install his portion of the fence, when he starts his apartments next Year. DISCUSSION ABOUT SUGGESTED CLOSING OF LISH STREET - Gerl Bainard, 4901 Yellowstone Ave. manager of mobile home court expressed COncern of traffic Speeding through the Circle Inn Mobile Home Court. Police and Fire Department expressed COncern of Lish Rd. being closed off. 161 DISCUSSION ABOUT SUGGESTED CLOSING OF LISH STREET - (cont.) Mayor Cotant stated, there is nothing stopping the mobile home court from fencing off Lish Street where the dedicated street ends at the mobile home court property line. Councilman Gunter stated the Circle Inn Mobile Home Court should beware they might create some liability by fencing off Llsh St. at their property. Chief Rowland suggested, if Circle Inn Mobile Home Court decides to fence their mobile home court, they should notify the Police and Fire Departments prior to fencing it off. BUSINESS LICENSE APPLICATION Forrest B. Peterson, Eldorado Productions has applied for license to operate a fun house and spook alley on the Wal-Mart Parking Lot through October 31, 1995. Mayor Cotant and Council reviewed permit restrictions that FC Cary Campbell presented. Forrest Peterson explained to Mayor Cotant and Council his plans for a fun house and spook alley. Mr. Peterson stated he is aware of the $1,000,000. liability policy required, with the~ City of Chubbuck as additional insured. After discussion, Councilman Wood moved to approve a business license to Forrest Peterson, Eldorado Productions to operate a fun house and spook alley on the Wal-Mart Parking Lot through, 11~00 p.m., October 31, 1995, subject to all requirements of the permit being met. Councilman England seconded. All council members voted in favor of motion. ORDINANCE Amending Section 10.04.050 of the Chubbuck Municipal Code to require compliance with the directions of a fireman, volunteer parking enforcement officer, or parking attendant; employed or commissioned by the City. Attorney Holmes read ordinance by title for the first reading. Council tabled the ordinance until the October 24, 1995 Council Meeting. CLAIMS - Computer print-out claims presented to Mayor Cotant and Council. Councilman Wood moved to approve computer print-out claims as presented. Councilman Gunter seconded. All council members voted in favor of motion. 163 RESOLUTION 7-95 - A resolution by the City Council for the purpose of a General City Election. Councilman Gunter read Resolution #7-95 in full. Councilman England moved to adopt Resolution #7-95 as read. Councilman Quick seconded. All council members voted in favor of motion. At 10~10 p.m., Councilman Gunter moved, Councilman Quick seconded, with full council approval to ad3ourn meeting. Ron C. Conlin, City Clerk Jo O. Cotant, Mayor