HomeMy WebLinkAbout03 13 1990 CM53
COUNCIL MEETING MINUTES
March 13, 1990
Minutes of regular meeting held in the city municipal building,
March 13, 1990.
Present: Mayor John O. Cotant, Jr., Councilmembers 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 a 7:30 p.m. by Mayor Cotant.
APPROVAL OF MINUTES - Mayor Cotant asked for corrections or
additions to the minutes of February 27, 1990, and Special
Meeting Minutes of March 6, 1990.
Councilman Wood moved to approve the February 27, 1990 minutes
as read. Councilman Quick seconded. All council members voted
in favor of motion.
Councilman Quick moved to approve Special Meeting Minutes of
March 6, 1990, as read. Councilman Landon seconded. All
council members voted in favor of motion.
PUBLIC HEARING - Review of preliminary plat of the Church of Jesus
Christ of Latter-Day Saint, a subdivision located on a tract
of land in the west 1/2, Section 34, Township 5 South, Range
34 East, lying immediately north of Paradise Acres
Subdivisions, along west side of Yellowstone Ave.
Mayor Cotant declared the public hearing open.
Ken Satterfield, 12256 N. Hiline
Stake, LDS Church, was present to
Cotant and Council might have on
Rd., representing the Tyhee
answer any questions, Mayor
the project.
PWD Smart passed to Mayor Cotant and Council copies of the
preliminary plat for review.
Mayor Cotant declared the public hearing closed.
After discussion, Councilman England moved to accept the
recommendations of the Land Use & Development Commission to
approve the preliminary plat for the Bringhurst Subdivision.
Councilman Landor seconded. All council members voted in favor
of motion.
PUBLIC HEARING - A proposal by the Church of Jesus Christ of
Latter-Day Saints for a change in Land Use District, upon
requested annexation to Limited Residential (R-2), for
55
PUBLIC HEARING -(cont.)
property in the west 1/2 section of Township 5 South, Range
34 East, lying immediately north of Paradise Acres Subdivision
along the west side of Yellowstone Ave,
Mayor Cotant declared the public hearing open. There being no
comment, for or against, Mayor closed the public hearing.
After discussion, Councilman Wood moved to accept the.
recommendations of the Land Use and Development Commission,
for a change in Land Use District, upon requested annexation,
to Limited Residential (R-2), for property in the west 1/2
section of Township 5 South, Range 34 East, lying immediately
north of Paradise Acres Subdivision, along the west side of
Yellowstone Ave. Councilman Quick seconded. All council
members voted in favor of motion.
An annexation ordinance will be presented at the March 27,
1990, Council Meeting.
PUBLIC HEARING - A proposal by Gary Ratliff, 4970 Apache,
Pocatello, Idaho, for a change of Land Use District from
Limited Residential (R-2), to General Commercial (C-2), at 201
W. Linden.
Attorney Holmes said this public hearing is being brought up
on the Council's motion to reconsider, the original rezone was
conditioned upon Mr. Ratliff, building mini-storage units at
201 W. Linden.
Mayor Cotant declared the public hearing open.
Bill Aller, 222 1/2 W. Linden expressed concern of what Mr.
Ratliff might put on his property, if the property is rezoned
to General Commercial. Mr, Aller said he would be against the
the zone change without knowing what will go in there.
Elmer Saxton, Burley Drive said the mini-storage units look
nice. Mr. Saxton is in favor of the zone change,
Vera James, 208 W, Linden was in favor of leaving the
neighborhood as is. Mrs. James said a change in the zoning
to General Commercial at this time, is not in the best
interests of the neighborhood.
Harry Lewis, 221 W. Linden stated he has seen the storage
units Mr. Ratliff has built, they look nice, he has no
objection. Mr. Lewis said the storage units will improve the
appearance of the neighborhood.
Leman Whiting, Briscoe Rd. said changing the zone to General
Commercial should make the property in the neighborhood more
57
PUBLIC HEAR - (cont.)
valuable. Mr. Leman said the change would help the tax base
of the City.
Mike James, 208 W. Linden Ave. said he is against rezoning 201
W. Linden, General Commercial.
Bill Slaver, 147 W. Linden said he does not want a change in
zoning at 201W. Linden for the following reasons:
1. The land could be used for any purpose, without
consent of neighborhood.
2. Street is not capable of handling commercial zone.
3. Children safety.
John Valenty, 108 E. Chubbuck Rd. said, if the property at 201
W. Linden is zoned General Commercial, it will help the City's
tax base, therefore, he is in favor of the zone change.
Gary Ratliff, 4970 Apache, Pocatello said he was not aware of
the November 28, 1989 Council Meeting, where the conditions
for his mini-storage sheds were agreed upon. Mr. Ratliff said
he should have been notified, so he could represent himself
at the meeting. Mr. Ratliff said, after he thought about it,
he decided he is not sure he will build the storage sheds.
Mr. Ratliff stated he wants the property at 201 W. Linden
zoned commercial, or renegotiate the conditions put on the
mini-storage units.
Mayor Cotant said throughout the years, the council has tried
to understand and respect the residents involved on any
impacts on them. Mayor Cotant expressed concern that some
commercial uses might cause a problem on W. Linden, because
of the traffic, it might generate, someone is going to have
to bring the street to necessary specifications.
Don Andra, 711 Victor said he did not understand why Mr.
Ratliff is required to screen his mini-storage units, when
they look better than most of the properties on W. Linden.
Mr. Andra felt the City should enforce ordinances, we have on
the books.
Mayor Cotant closed the public hearing.
Councilman Quick stated the City has an ordinance, that
protects residential areas. Councilman Quick said he would
have a hard time approving the zoning change, the way the
street is on W. Linden.
Attorney Holmes stated the zoning is a separate issue, than
the conditional use permit issued to Mr. Ratliff. The
discussion tonight is on the zoning change only.
59
PUBLIC HEARING - 201W. LINDEN REZONE - (cont.)
Councilman England asked if there is a way to alternate
conditions put on the conditional use permit tonight.
Attorney Holmes said it could not be changed tonight.
the
Mr, Ratliff stated, if he is not required to put slats in the
fence along the front of the property he would continue with
mini-storage units.
After discussion, it was decided to table the change in Land
Use District proposed by Mr. Ratliff until the March 27, 1990
Council Meeting. Council will discuss the change in Land Use
District, and also discuss conditions put on Mr. Ratliff's
conditional use permit to build mini-storage units at said
meeting.
APPEAL OF LAND USE AND DEVELOPMENT COMMISSIONS DECISION to approve
a conditional use permit to Dennis G. Rogers to operate a bar
at 212 E. Chubbuck Road.
Mrs. Venna McCallum, 223 E. Chubbuck Rd. presented an appeal
to the Council asking the decision by the Land Use &
Development Commission be repealed.
Mrs. McCallum expressed the following concerns in her appeal:
1. Too many bars in the City now.
2. Concern about fights.
3. Increased traffic on E. Chubbuck Rd.
4. Noise and lights.
Jim Humble, 230 E. Chubbuck Road said he works nights, and
expressed the following concerns:
1. Traffic and noise will keep him awake.
2. Devalue property values.
3. Could discourage other businesses from
neighborhood.
4. Too many bars in Chubbuck now.
locating in
Mary Byington, 225 E. Chubbuck Rd. expressed the following
concerns:
1. Excess traffic generated.
2. Bar patrons walking from back of bar to the
3. Concern of children in area.
4. Noise.
5. Additional burden put on Police Department.
6. Could hurt ether businesses in area.
7. Past reputation of the City.
8. Devalued property values.
front.
61
APPEAL - (cont.)
9. Peace of' mind.
10. Safety.
11. Noise.
12. Too many bars
now ·
Mrs. Byington said there was not enough notice for residents
in the area to get information for the appeal. Mrs. Byington
said there is a petition being prepared, that is not ready for
tonights meeting.
Janet Rogers, 4845 Trent responded to Mrs. McCallum's appeal.
Mrs. Rogers said she felt the bar would help bring in other
businesses. Mrs. Rogers said the school traffic should be
dispensed by the time bar patrons would increase any traffic.
Mrs. Rogers said the bar would not devalue property values,
but, in all likely hood, bring the values up.
Ann Evans, 146 East Chubbuck suggested a traffic study be
done, to see what impact the bar might have on E. Chubbuck
Road. Mrs. Evans expressed concern E. Chubbuck Rd. is a main
road for school travel.
Gall Rogers, 4845 Trent said he would like to appeal the 8'
fence requirement, the Land Use and Development Commission put
on the approval of the conditional use permit.
Attorney Holmes suggested Mr. Rogers file an appeal with the
City Clerk,
After discussion, it was decided the appeal will be tabled
until the March 27, 1990 Council Meeting.
BEER, WINE & LIQUOR APPLICATION - John Gardiol, C. Js' Watering
Hole, (formerly Oxbow) was present to tell the council there
was a mixup on his State of Idaho application for beer, wine
& liquor, therefore he does not have the paper work ready for
Council review. Mr. Gardiol said the paper work should be here
this week, and he will have application for next March 27,
1990 Council Meeting.
Asst. Police Chief Jerry Rowland stated Mr. Gardiol has a
temporary license to sell from the State of Idaho and Bannock
CO.
Council tabled the beer, wine & liquor application until the
March 27, 1990, Council Meeting·
PARKING PLACE DETERMINATION - Fire Chief Cary Campbell stated
Angela Hernandez, 3330 Garrett Way has asked for time on the
council agenda, so she might determine how many parking spaces
63
PARKING PLACE DETERMINATION - (cont.)
they would need, if they used the old "Dan's" Building for an
auction arena.
Fire Chief Campbell said Angela Hernandez is not present
tonight, and he did not have ail the information.
FC Campbell was directed to contact Angela Hernandez and
invite her to the next meeting, or get necessary information.
Council tabled the parking place determination, until the
March 27, 1990 Council Meeting.
ORDINANCE ~328 - An ordinance annexing certain lands to be included
within the boundaries and jurisdictional limits of the City
of Chubbuck, specifying the zoning classification which shall
be applied to said lands newly annexed to the City of
Chubbuck.
Mayor Cotant read Ordinance ~328 in full.
Councilman Landon moved to dispense with the rule of reading
Ordinance ~328 on three separate occasions. Councilman Quick
seconded. Roll Call Vote: Quick, yes; England, yes; Landon,
yes; Wood, yes.
Councilman England moved to adopt Ordinance ¢328 as read.
Councilman Landon seconded. Roll Call Vote: Quick, yes;
England, yes; Landon, yes; Wood, yes.
PARK
BENCH AGREEMENT - Dan Bellows proposes to place bench seating
at points of pedestrian convenience such as crosswalks, bus
stops, school bus stops, parks, schools, etc. The project is
based upon the ability to place their advertisement on the
back rest of each bench. Mr. Bellows is willing to restrict
such advertising that would be offensive to the public.
Bellows would agree to provide and maintain this project at
no cost to the City. Furthermore, Bellows will maintain a
$500,00. liability insurance policy with the city listed as
an additional insured. The benches will be continually
inspected and kept in good repair.
Attorney Holmes reviewed and approved the agreement.
After discussion, Councilman England moved to direct Mayor
Cotant to enter into agreement with Bellows. Councilman Landon
seconded. All council members voted in favor of motion.
PROCLAMATION "RAILROAD CROSSING SAFETY AWARENESS WEEK"
Cotant read the proclamation in full.
Mayor
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PROCLAMATION - "RAILROAD CROSSING SAFETY AWARENESS WEEK" - (cont.)
Councilman Wood moved to direct Mayor Cotant to proclaim,
March 26th., - March 31st. as "Railroad Crossing Safety
Awareness Week". Councilman Quick seconded. All councilmembers
voted in favor of motion.
PROCLAMATION - "EMPLOY THE OLDER WORKER WEEK" - Mayor Cotant read
the proclamation in full.
Councilman Quick moved to direct Mayor Cotant to proclaim,
March 11th. - 17th., as "Employ the Older Worker Week".
Councilman Landor seconded. All council members voted in favor
of motion.
RESOLUTION ~2-90 - A resolution of the City of Chubbuck,
authorizing the Mayor to cause material constituting a
nuisance located on property within the City of Chubbuck to
be removed, with the cost of such removal to be levied as a
special assessment against the property whereon the nuisances
are situation.
Mayor Cotant read Resolution ~2-90.
Councilman Landor moved to adopt Resolution ¢2-90 as read.
Councilman Quick seconded. All council members voted in favor
of motion.
PROPOSED FIRE STATION BOND - PWD Smart and FC Campbell discussed
with Mayor Cotant and Council, steps that need to be taken on
the proposed fire station bond.
After discussion, FC Campbell was directed to present exact
costs on, property, building and legal fees, at the March
27th., 1990 Council Meeting.
CLAIMS Computer print-out and hand check claims presented to
Mayor Cotant and Council.
Councilman Quick moved to approve computer print-out and hand
check claims as read. Councilman England seconded. All council
members voted in favor of motion.
FINANCIAL REPORT for month of February, 1990 presented to Mayor
Cotant and Council.
SEWER FACILITY PLANNING STUDY- SELECTION OF CONSULTANT - PWD Smart
said we received two proposals: Forsgren and Perkins and Eric
Stewart.
67
SEWER FACILITY PLANNING - (cont.)
After discussion, the council decided to call a Special
Meeting, March 27, 1990, 6:30 p.m., and interview Forsgen &
Perkins and Eric Stewart.
GENERAL DISCUSSION:
1. Discussion about long range plan for widening streets,
etc., keepin9 in mind business people should have to help
improve the street they impact. W. Linden is a good example
of where road is not capable of support commercial zone.
2. Discussion about where we are on Denny Jones property.
At 11:12 p.m., Councilman Quick moved, Councilman England seconded,
with full council approval to adjourn meeting.
/John 0 Cotant, Jr , Mayor
Ron C. Conlin, City Clerk