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HomeMy WebLinkAbout05 03 1989 Special CM79 COUNCIL MEETING MINUTES May 3, 2989 Minutes of a special meeting held in the city municipal building, May 3, 1989. Present: Mayor John O. Cotant, Jr., Councilmembers Leroy S. Quick, Leroy S. Quick, Steven Mo England, Dwain A. Kinghorn, Public Works Director Steven M. Smart and City Clerk Ron C. Conlin. Attorney Thomas J. Holmes was excused. Meeting was called to order at 7:30 p.m. by Mayor Cotant. Councilman Kinghorn lives within 300' of the propose6 Cellular Tower, so he removed himself from his seat on the council. APPEAL - TETON,CELLULAR - A petition to request an appeal of the decision of the Land Use & Development Commission's decision on April 6, 1989, to allow allow a condition use permit to Teton Cellular of Idaho, to erect a 300' tower, on property located at the extention of Laurel Lane behind Alpine Trailer Sales was presented to the council at the April 25, 1989 Council Meeting. After discussion, it was decided to table the Teton Cellular proposal until a Special Meeting, May 3, 1989 at 7:30 p.~ Mayor Cotant said at the last'meeting Cellular proposed a relocation of the site. Copies of a drawing have been passed around. Sue Parrish, 249 Parrish Drive.stated she felt the tower would not do any harm to residents. Mrs. Parrish said she is pro-business and felt the tower should be allowed. Mrs. Parrish said she studied the proposal and felt there was no health hazard, no noise factor. Bob Anderson, 5646 Sorrell Drive stated he felt the cellular phone is needed service in the area. Mr. Anderson said he felt the tower would not create any kind of hazard by falling over. Mr. Anderson said this is a commerical area, therefore the tower should be allowed. Randy Anderson, 956 Cahoon presented a list of residents and Chubbuck business people in favor of tower. Rick Phillips, 151 Hiway said he is pro-business also, he is not against a tower, he is against where the tower is proposed to be built. He said there are better sites, that are not against ~sidential properties. Mr. Phillips said the neighborhood affected had a meeting, they are still in opposition to the tower being built at this site. Mr. Phillips said he is concerned about 1) Health hazard caused by rays of the tower. 2) Property values on Hiway Ave will be lowered because of tower. Mr. Phillips said if the tower was moved to the east, there might not be as much opposition. Mr. Phillips felt Teton Cellular is using scare tactics by saying they would move the tower to the north if not allowed in Chubbuck at this location. Councilman Quick explained, any change in location of the tower would result in a new public hearing. Discussion about other possible sites in the area. 81 APPEAL - CELLULAR PHONE - (Cont.) Ray England, Hawthorne Rd. expressed concern about the view of a 300' tower throughout the city. Mr. England asked why the tower has to be a this exact location, he felt it could be built away from the city. Mr. England was opposed to the tower being built in the City. Councilman Kinghorn, 145 Hiway stated the ordinance is enacted to pro- tect public, health, safety and welfare while providing for compatible use of land within juristiction of the city by organizing uses to en- courage growth in the Comprehensive Plan. Councilman Kinghorn stated the conditions that exist on Charlie Frasure land are conditions that affect residents on Hiway Ave. By allowing the tower, it will compound the adverse effects on the residents in the area. Mr. Kinghorn stated, if the Laural Lane Road is not brought to the specifications of the City, the residents on Hiway Ave. will have to contend with dust, dirt and etc. Councilman Kinghorn said the City has been neglectful in enforcing the ordinance and requiring Mr. Frasure be in compliance with the ordinance therefore, there is a mess, the residents of Hiway Ave. have to contend with. Councilman Kinghorn expressed concern with the Laural Lane roadway, it is a platted roadway, where would the city stand, if they allowed the proposal, without an improved road. PWD Smart stated the road has been platted, the State Law when this was platted, said the city had to make specific acceptance, in order for it to become a city street, at the time of the plat approval, the minutes reflect the streets were not contructed or accepted. So at this time, Laural Lane is not considered a city street. Councilman Kinghorn said there is a dirt pile on the property, the kids like to play on. Councilman Kinghorn felt that since the post office is not locating in Chubbuck, there should be other sites for the proposal. Councilman Kinghorn said the tower and other adverse problems in the area have lowered his property values. Mayor Cotant said the City will start bringing several areas in the city into compliance to city ordinance. Rodney Parrish, Parrish Store stated he did not felt residents in the city would notice the tower. Mr. Parrish was in favor of proposal. Mr. Parrish said the area needs jobs. Bart Parrish, RV Service Center stated there might be other jobs spin off from the proposal. Mr. Parrish was in favor of proposal. Jed Crowder, 1333 Lakeview Drive said he worked on the proposal origin- ally, the reason this area was picked was because there is a small area here that will work for the proposal. Mr. Crowder gave a report on the Cellular System. Councilman Quick asked if putting a building on the property would trig- er the subdivision ordinance. PWD Smart said it would if a building was constructed, but, would the public be served requiring a road to be installed for the amount of traffic generated by the proposal. 83 APPEAL - TETON CELLULAR SYSTEM - (Cont.) The city will not be required to maintain Laural Lane, until the street is accepted by the city. Charli~ Frasure will work with Cellular in keeping Laural Lane maintained. Charlie Frasure said he is installing an ~' tie fence al6ng his northern property to the Teton Cellular guide wires. Teton Cellular said they will install the same type of 8' fence, extending along their northern property.boundary. At It was decided Teton Cellular would construct the tower~m the site on on the original application. After discussion, Councilman Landon moved to affirm the ~ecision of the Land Use & Development Commission to grant a conditional use permit to Teton Cellula~ subject to the following conditions: 1) An 8' tie Screen- ing fence shall be built on the northern boundary of this property. 2) The access road to the site will have an oil base to minimize dust. 3) The tower lights will be screened in such a manner as to minimize the affects upon the property owners to the north. Councilman Quick seconded Roll Call Vote: Quick, yes; England, yes; Landon, yes; Kinghorn, st~pped down for this decision. 9:50 p.m., Councilman Quick moved, Councilman Landon seconded, with full council approval to adjourn meeting. ~:B-ohn O. Cotant, Jr./ ~4ayor Ron C. Conlin, City Clerk CALL OF SPECIAL MEETING CITY OF CHUBBUCK Pursuant to Idaho Code Section 50-604, the undersigned Mayor of the City of Chubb~ck,.Idaho, hereby calls a special meeting of the City Council to be held at the Chubbu~k C£ty Municipal Building, 5160 Yellowstone Ave., at the hour of 7:30 p.m., on the 3rd. day of May, 1989. The object of the special meeting shall be to discuss an appeal of the decision of the Land Use and Development Commission, April 6, 1989, to allow a conditional use permit to Teton Cellular of Idaho, to erect a 300 ft. tower, with support lines on property east of Alpine Trailer Sales, 5050 Yellowstone Ave. NOTICE OF SPECIAL MEETING TO: MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK, IDAHO. Pursuant to the call set forth above, notice is hereby given of a special meeting of the Chubbuck City Council at the time and place, and for the object, recited in call. Ron C. Conlin. Chubbuck City Clerk ACKNOWLEDGEMENT OF NOTICE The undersigned, Mayor and members of Chubbuck City Council hereby acknowledge receipt of notice of the special meeting as set forth above. , ~ohn O. Cotant, ~r.', Mayor Date:~ Y ~ Q 'c~ C[~uficl'lmember /~t~en M. Engian~/ ~ou~c~ber ~~ .~i an~~~~h~ r/n~o ~mb er