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HomeMy WebLinkAbout05 10 1988 CM73 COUNCIL MEETING M~NUTES May 10, 1988 Minutes of a regular meeting held in the city municipal building, May 10, 1988. Present: President of. Council~Leroy S. Quick, Councilmembers Boyd L. Fullmer, David A. Landon, Attorney Thomas J. Holmes, Public Works Director Steven M. Smart and City Clerk Ron C. Conlin. Mayor John O. Cotant, Jr. and Councilmember Steven M. England was excused. Meeting was called to order at 7:47 p.m. by President of Council Leroy S. Quick. APPROVAL OF MINUTES - President of Council Leroy S. Quick asked for corrections and additions to the minutes of April 26, 1988, Special Meeting Minutes of April 28, 1988 and Special Meeting Minutes of May 3, 1988. Councilman Fullmer moved to approve the minutes of April 26, 1988, with the following correction: page 65 - 3rd. paragraph~from bottom Of page,~la~t word,, §houtd-re~d~'!rate,:de~rease" instead of "rate increase". Councilman Landon seconded. All councilmembers present voted in favor of motion. Councilman Fullmer moved to approve the ~pecial meeting minutes of April 28, 1988 as read. Councilman Landon seconded. All councilmembers present voted in favor of motion. Councilman Landon moved to approve the special meeting minutes of May 3, 1988, with the following correction: page 71 - 2nd. paragraph from bottom of page should read "recommendation to promote Larry Kohntopp to Maintenance Superintenden~ Couec~lman Qu~ck seconded. All councilmembers present ~ted in favor of motion, APPEAL - Richard and Gall Conn's appeal of the denial on April 7, 1988, of their application for a conditional use permit for their land and home located at 735 E. Chubbuck Road. Richard & Kathrine Corm and their Attorney Jack Robinson was present in favor of the day care center. Attorney Robinson responded to the Findings of Fact, Conclusions of Law and Decision adopted by the Land Use & Development Commission. Attorney Robinson passed to the council pictures, showing in his opinion there would be no vision impairment from Mr. & Mrs. Conn's address, east Orlwest]at 735 E. Chubbuck Rd. Attorney Robinson stated the Conn's in anticipation, installed a circular driveway, along with a 6 car driveway to take care of any parking problems. Attorney Robinson stated he felt the noise level from traffic going and coming on E. Chubbuck Road would not be impacted by the 21.more vehicles created by a day care center. Attorney Robinson stated licens~preschools in the area should deserve the councils careful consideration. Mr. Jim C]ouse, 739 E. Chubbuck Rd. stated he felt there ~hould be more inform- ation on the public notices in regards to 1) Letters presented to Commission are required to be at City Offices 3 da~prior to public hearing. 2) More information about criteria of the issuance!of a condit~ohal use permit or a variance. Mr. Clouse read a letter he wrote to the Land Use & Development Commission stating the planning zoning laws were brought about so the uses of this type 75 APPEAL - RICHARD & KATHERINE CONN - (Cont.) would not be allowed in residential areas. The idea of zoning laws are to restrict the uses of land:for particular uses. Residential areas should be re- stricted to the uses of single family dwellings. There are=areas that.~a~e set a~ide for commerical uses. Mr. Clouse stated he .had four specific reasons m~y~Jbelwould ~ncourage the city council to vote against the reversal of the Land Use & Development Commission's decision: 1) Traffic. 2) Parking. 3) Peade=andquieti~n ! ~eighborhood. 4) Wants area 1, eft as ~R-1) as is. Mr. Clouse asked the council, if the matter could wait until he could get legal council. Phil Spessard, 742 Beford Drive expressed concern about the excess traffic the day care center would cause. Attorney Robinsci~ stated the council needs a basis other than the disapproval of neighboring land owners to deny a conditional use permit. The decision should be based on reason and fact. Attorney Robinson felt the day care center would not create anymore traffic problem than what is there now. Mrs. Katherine Conn gave a report on the daily procedures of running a day care center. Mrs. Conn stated she wants to open the day care center so she can help children in their growth. Mrs. Conn felt the da'y care center would not create anymore saftey hazard than what is there at this time. Councilman Quick pointed out that this particular area, has been one of the best R-l's in the City of Chubbuck. Councilman Quick stated 21 children would be classified as a business, and this would not be the best direction for a residentia area.to go. Councilman Quick stated traffic and Parking is a concern in the area. Attorney Holmes stated, ii, the City'is knowingly increasing a hazardous situation, there could be a liability to the City. The Land Use & Development Commission addressed,~dfelt the day care center would create more of a hazard if allowed. Councilman Fullmer expressed concern of the extra vehicles going in and out of the circular driveway created by the day care center if allowed. Councilman Fullmer suggested the council review the situation, and allow Mr. Clouse to have council at the next council meeting. Councilman Fullmer made motion to table the Appeal until the May 24th, 1988 Council Meeting. Councilman Landon seconded. All councilmembers present voted in favor of motion. BUSINESS LICENSE APPLICATION - Del Thompson, Sno Flake Shack, vacant lot south of Smith's Food King.has applied for a ~siness l.icense to sell sno cones. Councilman Fullmer moved to approve a business license to Del Thompson, to sell sno cones=atthe sno cone shack south of Smith's Food King.Parking Lot. Council- man Landon seconded. All councilmembers present voted in favor of motion. ORDINANCE - An ordinance providing for the establishment of no parking fire lane zones next to business or commercial establishments; to provide for penalties for parking in a designated no parking fire lane zones. 76 ORDINANCE - NO PARKING IN FIRE LANE ZONES - (Cont.) President of Council Quick read the ordinance by title. The ordinance was read in full at the April 26, 1988 Council Meeting. City Clerk Ron Conlin stated he had taken a copy of the proposed ordinance to the -managers at the Pine Ridge Mall and Smith's Food King, but, had not had a response as of yet. Councilman Fullmer suggested the council, review the ordinance and it be put on the May 24, 1988 Council Meeting Agenda. City Clerk Conlin was directed to contact managers at the Pine Ridge Mall and Smith's Food King and advise them of the third and final reading~of ordinance,tat the May~24, Gounc~l Meeting. CLAIMS - Computer print-out and handcheck clain~ha~e~beenpresented to the council. After discussion, Councilman Landon moved to approve the computer print-out and handcheck claims as read. Councilman Fullmer seconded. All councilmembers present voted in favor of motion. FINANCIAL REPORT for month of April presented to the Council. GENERAL DISCUSSION - 1) Councilman Fullmer expressed concern about the City getting involved with smoothing the cycle jumps on Clark's property. He felt Clark's should be required to smooth their own jumps, because of liability it might create for the City. It was decided the city should not take a backhoe and smooth~ the jumps. 2) Councilman Fullmer stated the Starlite Cinemas have started their midnight movies and was wondering what this does to the City's curfew laws. After discussion it was decided to advise the Starlite Cinema manager of the curfew law in the City of Chubbucko so they are aware of it. At 9:55 p.m., Councilman Fullmer moved, Councilman Landon seconded, with full council approval to adjourn meeting. Ron C. Conlin, City Clerk ~resident= of~' Council, L'm~oy S. Quick