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HomeMy WebLinkAbout02 08 1994 CMCOUNCIL MEETING MINUTES February 8, 1994 27 Minutes of regular meeting held at city municipal building, February 8, 1994. 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 7:30 p.m. by Mayor Cotant. INVOCATION was given by Reverend John C. Tubbs, Pioneer Baptist Church. Bible APPROVAL OF MINUTES Mayor Cotant asked for corrections or additions to regular meeting minutes of January 25, 1994. Councilman Wood moved to approve regular meeting minutes of January 25, 1994 as read. Councilman England seconded. All council members voted in favor of motion. WAL-MART D.A.R.E. CONTRIBUTION Danny Carter , Wal-Mart Manager was present to present Mayor Cotant and Council, a check for S164.35 received through Sam's Choice Machines in front of Wal-Mart. The monies are donated to the charity of Wal-Mart's choice, which is the D.A.R.E. Program. PUBLIC HEARING - An application by Joe Osier, 11010 W. Hickory, Boise, Idaho, for a review of Preliminary Plat of Mlstl Manor First Addition Subdivision, located near the SE corner of Hawthorne Rd. (4700 block), and W. Chubbuck Rd. (400 block). Mayor Cotant declared the public hearing open. PWD Smart explained this is a five lot addition to Misti Manor Subdivision existing plat. PWD Smart recommended the preliminary plat be approved. There being no public comment, Mayor Cotant declared the public hearing closed. Councilman Quick moved to approve the Misti Manor First Addition Preliminary Plat as presented. Councilman Gunter seconded. All council members voted in favor of motion. 29 ORDINANCE - A proposal by the City of Chubbuck to modify the City's Comprehensive Plan to eliminate the proposed planned local street east of railroad, running parallel to rail road tracks, and Whitaker Rd., north from E. Chubbuck Rd. to the extension of Hiway Ave. Mayor Cotant stated the City will not abandon the street, going north and south through the area. Mayor Cotant declared the public hearing open, asking for public comment. There being no comment, Mayor Cotant declared the public hearing closed. Councilman Wood made motion the proposed ordinance not be adopted, leaving the Comprehensive Plan as is. Councilman Quick seconded. Roll Call Vote: Quick, yes; England, yes; Wood, yes; Gunter, yes. WHITAKER FARM ASSOCIATION PRELIMINARY PLAT FOR PLANNED UNIT DEVELOPMENT - An application by Whitaker Farm Association, A limited partnership, 280 S. Arthur for a preliminary plat for Whitaker Farm Planned Unit Development at 4915 Whitaker Road. The property is presently zoned Industrial (I), and Limited Residential (R-2). The proposal was tabled by the Land Use and Development Commission at the January, LUD Commission Meeting for the following reasons, 1. Traffic information. 2. Property value information. 3. 660' roadway to E. Chubbuck Rd. Because of the LUD Commission tabling the proposal, the City Council tabled the proposal at the January 11, 1994 Council Meeting. Mayor Cotant and Council received several letters from residents that live in area, opposed to the proposal. Paul Jensen, Whitaker Farms Association presented Mayor Cotant and Council the proposed Whitaker Farm PUD density calculations. Mr. Jensen explained why his group is asking for a PUD. On the first plan, Whitaker Farms Assn. was proposing 119 units, a combination of apartments and town houses. The PUD Plan presented tonight proposes approx. 98 units. Mr. Jensen explained how he came about the common area numbers. Mr. Jensen felt this was a good way to get the road from proposed town houses to E. Chubbuck Rd. built. 31 WHITAKER FARMS ASSN. PRELIMINARY PLAT FOR PLANNED UNIT DEVELOPMENT (cont.) Mayor Cotant suggested the first street completed should be the street connecting to E. Chubbuck Road. This would take traffic to E. Chubbuck Rd. rather than Whitaker Rd. Mayor Cotant suggested the access from Whitaker Rd. be one 50' street, instead of the two lanes proposed. Mr. Jensen stated these suggestions will not be a problem. Mayor Cotant asked Mr. Jensen if the proposal could make it with 70 town houses instead of the 98 town house. Mr. Jensen stated he did not think the proposed PUD could make it with only 70 units. Mr. Jensen explained, taking out units, does not lower the cost of anything. The streets, sewer and water costs are pretty much the same. Alane Hale, 4825 Whitaker Road spoke against the Planned Unit Development being approved. Mrs. Hale stated, if the PUD is approved, the street to E. Chubbuck Rd. and the fence should be installed first to protect the residents in the area. Mrs. Hale stated, if the PUD is allowed, there should be less density. Llnda Hillman, 5015 Whitaker Rd. stated her property borders the north portion of the proposal, if the residents of the PUD complain about animal smell, noise and music by neighbors, 4- H Groups, will their grandfather rights be protected from harassment and legal ramifications. Mrs. Hlllman stated she would prefer the fence be built during Phase I of the proposal, if approved. Mrs. Hill stated a six foot fence might not be high enough to protect everyone concerned. Mrs. Hillman spoke against the proposed Planned Unit Development. Mary Jackson, 5101 Whitaker Rd. expressed concern because they have upgraded their home, what will happen if this proposal goes broke, and ends up being sold to someone who does not care about the residents in the community, Mrs. Jackson is against the PUD proposal. Fred Lewis, Attorney for the Whitaker Road Preservation Association Society. Mr. Lewis stated the intend is not to question the authority of the City Council to grant a conditional use permit for a PUD to Whitaker Farms Assn. The association asked that the density requirements be observed. 33 WHITAKER FARMS CONDITIONAL USE PERMIT APPLICATION FOR PUD - (cont.) Mr. Lewis pointed out Housing Goal #3 in his letter to the City Council dated January 31, 1994: Utilize adequate buffers or other devices to insure the compatibility of differing levels of density in residential areas as well as in areas where residential and non-residential uses ad3ourn each other. Mr. Lewis explained there should be a better buffer between the residents, this can be accomplished by decreasing the number of town houses. Mr. Lewis felt the pro3ect will have a negative impact on Ellis School. Mr. Lewis stated the first town house unit should be assigned a minimum lot area of 6,000 sq. feet per household and, 2,500 sq. feet for each additional household in the town house cluster. Mr. Lewis said the Association requests that the Council place a condition on the conditional use permit for Whitaker Farms PUD to build no more than 67 town houses. Residents in the area asked when the Comprehensive Plan is addressed, they would like the zoning changed to Single Family Homes (R-l). Mayor Cotant suggested an 8' common area be required around the town houses, this would take care of fire and police concerns. Mayor Cotant suggested the primary street to the town houses, be from E. Chubbuck Rd. Councilman Gunter expressed concern about more fire hydrants in the plan. Discussion about how fencing will be addressed in the Restrictive Covenants. Councilman Gunter felt the formula used to determine the density, should be based on single family dwellings. Mr. Jensen stated he felt he was the only one trying to compromise, he suggested if he was not required to purchase the road to E. Chubbuck Rd., the plan would probably work financially with less density. Franklin Briscoe, 5058 Whltaker Rd. stated if a fence is not installed, a net fence or something should be installed, because of boxes, etc. rolling into Hlllman's field, a valuable animal could be injured. Land Use and Development Commission Chairman Kent KearD~~ g~we a report on why the Land Use and Commission came up wl~n ~ units. 35 WHITAKER FARMS ASSN. CONDITIONAL USE PERMIT APPLICATION FOR PLANNED UNIT DEVELOPMENT - (cont.) - Wayne Hale, 4825 Whitaker Rd. felt residents in the area moved on Whitaker Rd. when it was (R-2) and it should stay that way. Mr. Hale stated there are more problems with irrigation than what is being dealt with, (legal access and control of water). Mr. Hale was concerned with fencing along the Highland Mini- Storage proposal. Tim Shurtliff, Shurtliff Engineering spoke against a road going north along the railroad tracks. If water is diverted there is concern about safety hazard of irrigation canal. Councilman England suggested Mr. Jensen present a plan with less density. Councilman Wood made motion to table the Whitaker Farms Assn. Conditional Use Permit Application for a Planned Unit Development until the March 8, 1994 Council Meeting. Councilman England seconded. All council members voted in favor of motion. Councilman England made motion to table the Appeal of Land Use and Development Commission's decision granting a conditional use permit for the Whitaker Farms Development at 4915 Whitaker Rd. Councilman Quick seconded. All council members voted in favor of motion. HIGHLAND MINI-STORAGE JOLENE HUTCHINSON - PWD Smart passed to Mayor Cotant and Council the Final Plat of Highland Mini- Storage presented by Jolene Hutchinson. Mrs. Hutchinson stated she has granted Paul Jensen, Whitaker Farms Assn. a one year option for a road easement to the east of her property. PND Smart recommended approval of Highland Mini-Storage Final Plat as presented. Councilman Gunter moved to approve the Highland Mini-Storage Final Plat as presented. Councilman Wood seconded. All council members voted in favor motion. 37 #407 ORDINANCE - Amending Section 15.40.010, new commercial use of existing property. Mayor Cotant read by title only for the third reading. Councilman Wood moved to adopt Ordinance #407 as read. Councilman Gunter seconded. Roll Call Vote: Quick, yes; England, yes; Wood, yes; Gunter, yes. ORDINANCE Adding Chapter 10.20, "Resident only Parking Permit Areas" to the Chubbuck Municipal Code; designating portions of Victor Ave., Teton St. and Bonanza Ave. as permit only parking areas from april 15 to October 31. Mayor Cotant read ordinance for the second reading. Council decided to table the ordinance until the February 22, 1994 Council Meeting. ORDINANCE #408 - Amending Chapter 15.24 to provide limitations on temporary signs; to provide for a permit for temporary signs. Mayor Cotant read ordinance for the third and final reading. Councilman England moved to adopt Ordinance #408 as read. Councilman Wood seconded. Roll Call Vote: Quick, yes; England, yes; Wood, yes; Gunter, yes. ORDINANCE #409 - Amending Section 9.24.010, 9.24.020 and 9.24.030 of the Chubbuck Municipal Code, dealing with parental responsibility for children to clarify the definition of parent, to clarify what is a violation and to clarify the employment exemption and eliminate the errand exemption, adding new Section 9.24.025 to make it a violation of the ordinance for a parent if that parent's child is found to be in violation of a curfew or similar order in any 3urisdiction. Attorney Holmes gave a report on Ordinance #409. Mayor Cotant read Ordinance #409 in full for the first reading. David Robinson, 4654 Teton expressed concern about adopting the ordinance without three readings. Police Chief Jerry Rowland explained the City of Chubbuck is working with Pocatello and Bannock County to see if they will adopt the same as City of Chubbuck, if not, City of Chubbuck will enforce Chubbuck Residents only. 39 ORDINANCE #409 - (cont.) Attorney Holmes said he will send Mr. Robinson a copy of the ordinance. Councilman England moved to dispense with the rule of reading Ordinance #409 on three separate days. Councilman Gunter seconded. Roll Call Vote: Quick, yes; England, yes; Wood, yes; Gunter, yes. Councilman Wood moved to adopt Ordinance #409 as read. Councilman Quick seconded. Roll Call Vote: Quick, yes; England, yes; Wood, yes; Gunter, yes. INTERSECTION OF HAWTHORNE & SIPHON ROADS STATE/LOCAL AGREEMENT - PRELIMINARY ENGINEERING -PWD Smart recommended approval of the agreement. After discussion, Councilman England moved to direct Mayor Cotant to enter into the State/Local Agreement Preliminary Engineering for Intersection at Hawthorne and Siphon Roads and adopt Resolution #2-94 as presented. Councilman Quick seconded. All council members voted in favor of motion. PROCLAMATION - "CHILD PASSENGER SAFETY AWARENESS WEEK" - Attorney Holmes read the proclamation in full. Councilman Wood moved to direct Mayor Cotant to proclaim, February 13th. through February 19th., 1994 as "Child Passenger Safety Awareness Week". Councilman England seconded. All council members voted in favor of motion. VEHICLE DAMAGE CLAIM - Dixie Ashton, 1842 Golden Gate, Pocatello presented a claim to Mayor Cotant and Council stating, a trench on Chubbuck Rd., 3ust west of Hiline Road was not filled in by the City of Chubbuck properly. Dixie Ashton presented a claim for $67.15. After discussion, Councilman Wood moved to approve the claim of $67.15 to Dixie Ashton, 1842 Golden Gate, Pocatello as presented. Councilman England seconded. All council members voted in favor of motion. CLAIMS - Computer print-out claims presented to Mayor Cotant and Council. Councilman Quick moved to approve computer print-out claims as presented. Councilman Wood seconded. All council members voted in favor of motion. At 10.'37 p.m., with full 41 Councilman Quick moved, Councilman Wood seconded, council approval to adjourn meeting. oh~n O./Cotant, Mayor Ron C. Conlin, City Clerk