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Home My WebLink About09 24 1991 CM133 COUNCIL MEETING MINUTES September 24, 1991 Minutes of regular meeting held in the city municipal building, September 24, 1991. Present: Mayor John O. Cotant, 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 7:30 p.m. by Mayor Cotant. APPROVAL OF MINUTES Mayor Cotant asked for corrections or additions to minutes of September 10, 1991. Councilman Wood moved to approve minutes of September 10, 1991 as read. Councilman Quick seconded. All council members voted in favor of motion. APPEAL OF CONSTRUCTION OF SIDEWALK REQUIREMENT - The city council recently determined that sidewalk along the following Chubbuck Road frontage must be constructed to provide "safe, all- weather passage for pedestrians" along Chubbuck Road. The city council has set July 1, 1992 as the deadline by which this work is to be completed by the abutting property owners: Dennis Jablonski, 638 W. Chubbuck Rd., George Longobardo, 628 W. Chubbuck Rd. and Carl Wuthrich, 4808 Joy St. The property owners were notified they have 10 days to appeal the determination. Karl Wuthrich, 4808 Joy said he cannot put a mailbox on a 4' sidewalk and have enough room to walk, the sidewalks should be 5'. Mr. Wuthrich asked, what is the reasoning behind requiring these three property owners to install sidewalks, while other areas in the city, need sidewalks as bad. Mr. Wuthrich stated very few people walk in front of his property. Mr. Wuthrich stated if we are going to be required to install the sidewalks, lets do it right, go to a 5' sidewalk. Discussion about gang mail boxes. Mayor Cotant stated, city has curb forms residents can use while installing curbs and sidewalks. Dennis Jablonski, 638 W. Chubbuck Rd. asked who will be responsible for moving the power poles. Mr. Jablonski expressed concern the drainage will not be sufficient if a sidewalk is installed. Mr. JabIonski said the road pavement 135 APPEAL OF SIDEWALK CONSTRUCTION - (tort.) is 8" to 10" higher than where the sidewalk would be, Mr. Jablonski said he is opposed to sidewalks being required. Councilman Quick suggested we look at the grades before a decision is made. Attorney Holmes said the city does not have the resources to enforce sidewalk installation throughout the city, so we follow priority. Councilman England moved to table the Appeal of sidewalk construction on West Chubbuck Rd. until the grade can be checked, Councilman Landor seconded. All council members voted in favor of motion. RESOLUTION ¢11-91 - Establishing a Deferred Compensation Plan for the City of Chubbuck. On November 1, 1991, Bank of America Oregon will discontinue administering Section 457 deferred compensation plans for public employers, including the plan in which the City participates. As a result, the city is required to select another carrier. Dorothy L. Ward and Dwain A. Kinghorn are the only city employees involved with the deferred compension plan, City Clerk Conlin met with Mrs. Ward and Mr. Kinghorn and they selected the United States Conference of Mayors Deferred Compensation Program. Mayor Cotant read Resolution ~11-91 in full. Councilman Quick moved to adopt Resolution ~11-91 as read. Councilman Wood seconded. All council members voted in favor of motion. ORDINANCE ~359 - An ordinance amending Section 9.20.044 of the Chubbuck Municipal Code to provide for adoption fees and owner re]ease fees for animals; to provide rules for the release of animal from the impoundment facility; amending Section 9,20.045 to change the adoption fees; amending Section 9.20.021 to provide all license fees double if not paid on time. Attorney Holmes read Ordinance ~359 in full. Councilman Quick moved to dispense with the rule of reading Ordinance ¢359 on three separate days. Councilman Wood seconded. Roll Call Vote: Quick, yes; England, yes; 137 ORDINANCE ¢359 - (cont,) Landor, yes; Wood, yes. Councilman Landon moved to adopt Ordinance ~359 as read. Councilman England seconded. Roll Call Vote: Quick, yes; England, yes; Landor, yes; Wood, yes. APPEAL OF DECISION OF LAND USE & DEVELOPMENT COMMISSION, SEPTEMBER 5, 1991, APPROVING A CONDITIONAL USE PERMIT TO WALLACE D. SMITH FOR A VEHICLE STORAGE SITE AT 410 W. CHUBBUCK RD. President of Council Steven M. England was the meeting, Mayor Cotant stepped down, and a conflict of interest on the appeal. asked to conduct left, because of Dorothy Ward, 4930 Hawthorne Ave. said she is not opposed to Wally Smith doing business at his shop on W. Chubbuck Rd., but, is concerned about what the two lots north of his shop will look like, when junk cars are put on them. Mrs. Ward stated she talked to residents around the property, all were concerned, the city will allow a junk yard in the area. Mrs. Ward said all residents concerned, can go to their backyard and see the vehicles. Mrs. Ward said Mr. Smith was granted something he did not ask for, by allowing shelves, no higher than the 8' fence required, so he can store parts. Mrs. Ward suggested the Council reverse the decision of the Land Use & Development Commission. Darlene Crump, 420 W. Chubbuok Rd. expressed concern about have a vehicle storage site next door, because it will devalue her property. Mrs. Crump read a letter, Vernon Nelson, Farm Land Services wrote stating, a vehicle storage site would play a role in the value of Crump's property. Factors in selling their house such as market conditions, area economics, availiblity of comparable real estate, or if neighborhood becomes run down, will devalue the property. Mrs. Crump asked the Council to reverse the decision of the Land Use & Development Commission, and not allow the vehicle storage site. Carol Carter, 4856 Hawthorne said the area does not need a vehicle storage site. Mrs. Carter said she wants to sell her house, the vehicle storage site will devalue her property. Mrs. Carter is against the vehicle storage site. Boyd Nieder, 606 Boyd stated he is not in favor of the vehicle storage site. There are other problems, such as noise, odors, 39 APPEAL OF LAND USE AND DEVELOPMENT COMMISSION - (cont.) etc., that will affect the neighbors. Wayne Davis, 4760 Ponderosa said compared to what it was, Mr. Smith has came a long ways in cleaning up the property. Mr. Davis said Mr. Smith has agreed to install the 8' fence, this will take care of neighbors viewing junk cars. Steve Woods, Wally Smith's Attorney said vehicles are going to be on Mr. Smith's property, rather the decision is denied, or allowed. The cars will be in neighbor's view because city code allows in a commercial zone. If the decision is not reversed, Mr. Smith is required to put up an 8' fence, which will screen view from neighbors. Attorney Wood said Mr. Smith is trying to clean the property up, this should help the valuation of properties in the area. Attorney Wood gave a report on what Mr. Smith's intentions are. All Mr. Smith wants, is a storage yard, not a salvage yard. Attorney Woods said the properties surrounding Mr. Smith's property is probably worth less now, not screened, than when a screening fence is installed. Councilman England stated, if the conditions put on Mr. Smith by the Land Use & Development Commission are not followed, the conditional use permit can be revoked. Councilman Quick stated a salvage yard is excluded anywhere in the city. Councilman Quick said it important to understand this is not a salvage yard, but, a vehicle storage site. Discussion about whether Mr. Smith is 9oing to salvage parts from vehicles, or purchase parts to sell. If he purchases the parts, and sells, this is an allowed use in a commercial zone. Bob Reese, Licensed Realtor stated he agreed with Mr. Nelson's letter on possible devaluation of property. Mr. Reese stated, if Mr. Smith is going to be allowed to operate the business on his property, the neighbors will be better served, to have the 8' fence requirement. Councilman Quick stated Mr. Smith's property is in no way to be used as a salvage yard. Councilman England read the conditions placed on the approval of the conditional use permit. Dwain Kinghorn, 145 Hiway suggested the 8' fence meet certain specifications. The fence is to be an 8' solid wood fence to be put up on all four sides of the property, be maintained, with weed control. 141 APPEAL OF LAND USE AND DEVELOPMENT COMMISSZON DECISION - (cont.) Mrs. Ward expressed concern of enforcing conditions Smith does not follow through with conditions as stipulated. if Mr. Attorney Holmes stated, if neighbors see conditions are not be followed, call Attorney Holmes or City Offices. The conditions will have to be met, or the conditional use permit will be revoked. Mr. Smith said the fence will conform to the surrounding properties. Councilman Wood moved to affirm the Land Use and Development Commission's decision to grant Mr. Wallace Smith a Conditional Use Permit to operate a vehicle storage site at 310 W. Chubbuck Rd. with conditions. Councilman Landon seconded. All council members voted in favor of motion. At 9: 54 p.m,, Councilman England moved, Councilman Landon seconded, with full council approval to adjourn meeting. ~ Cotant, Mayor Ron C. Conlin, City Clerk