Loading...
HomeMy WebLinkAbout04 10 2001 CM43 COUNCIL MEETING MINUTES April 10`h, 2001 Minutes of a regular meeting held at the Chubbuck City Council Chambers, April 10`'', 2001. Present: Mayor John O. Cotant, Council members Leroy S. Quick, Steven M. England, Marvin C. Gunter, B. Kent Kearns, 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. PLEDGE ALLEGIANCE TO THE FLAG APPROVAL OF MINUTES - Mayor Cotant asked for corrections or additions to the Special Meeting Minutes of, March 27`h, 2001, Regular Meeting Minutes of, March 27"', 2001 and Special Meeting Minutes of, April 3rd, 2001. Councilman Kearns moved to approve the Special Meeting Minutes of March 27`h, 2001 as read, Councilman Quick seconded. All council members voted in favor of motion. Councilman Kearns moved to approve Regular Meeting Minutes of March 27`h, 2001 as read with the 1) change of paragraph 6 reading, March 13'h, 2001 as minutes approved, 2) Correcting spelling errors, Councilman England seconded. All council members voted in favor of motion. Councilman Kearns moved to approve Special Meeting Minutes of April 3rd, 2001 as read, Councilman Gunter seconded. All council members present vote in favor of motion. PUBLIC HEARING - An application by Larry Wilson, 930 N. Hayes, Pocatello for a change of Land Use District to Limited Commercial, (C -1); contingent upon a change in the Comprehensive Plan for said property located at 485 W. Chubbuck Road. Property is presently zoned Agricultural, (A). The Land Use Commission recommended denial of the proposal. Mayor Cotant declared the public hearing open. Ilene Fried, Burley Drive, a realtor stated the reason Larry Wilson wants to change the zoning on the property is because most of the property around Mr. Wilson's property is zoned commercial. Ilene Fried felt it would be easier for Mr. Wilson to sell his property if it is commercial. 45 COUNCIL MEETING MINUTES - (cont.) April 10`h, 2001 PUBLIC HEARING - LARRY WILSON - 485 W. CHUBBUCK ROAD - (cont.) Monte Minden, 4725 Hawthorne Road stated it is not true all is commercial, there is residential behind, across W. Chubbuck Road and Hawthorne Road. Concern about safety hazard for children. Jay McMillan, 496 Juliette Way expressed concern of how busy the W. Chubbuck and Hawthorne Road intersection is. Mr. McMillan spoke against the zone change. Darla Minden, 4725 Hawthorne Road spoke against the zone change. Expressed concern about traffic at the W. Chubbuck and Hawthorne Road.intersection. Lydia Noble, 2042 Cassia Street spoke for her parents at 456 Juliette. Ms. Noble stated her parents are against the zone change. It was suggested it would be better to wait until something specific is proposed to go on the property before a zone change is made. Mayor Cotant declared the public hearing closed. Werner Rosenbaum, 258 W. Chubbuck Road expressed concern about people getting loans on property around a commercial area. Councilman Gunter said he is in favor of waiting until a specific proposal is presented before the zone is changed to Commercial, (C -1). Councilman England stated he did not think there is opposition to looking at a light commercial use on the property when and if property owner applies for a specific use. Councilman Gunter moved to accept the Land Use and Development Commission's recommendation to deny the application by Larry Wilson for a change in Land Use District to Limited Commercial, (C -1) at 485 W. Chubbuck Road, Councilman Quick seconded. All council members voted in favor of motion. PUBLIC HEARING - An application by Parker -John LLC for a preliminary plat for Garden Oaks Subdivision, Phase 2. property is located on Sample Way and Stuart Ave. Mayor Cotant declared the public hearing open. A petition stating "We the undersigned recommend the Council reject proposal" was received, there were 85 signatures on the petition. 47 COUNCIL MEETING MINUTES - (cont.) April 10`x, 2001 PUBLIC HEARING - GARDEN OAKS SUBDIVISION PHASE II - (cont.) Willard Price, Developer, 697 East 1600 North, Idaho Falls, Idaho presented the proposed Garden Oaks, Phase 2 Preliminary Plat. Mr. Price said he was asked at the Land Use Meeting if when he gets to the Phase 4 would he be willing to change the zoning to (R -1). Mr. Price said his interest is in single family dwellings. Mr. Price said the lots in Phase II are approx. 20% larger than a regular subdivision lot. Mr. Price felt he had met all requirements required and has built some nice homes in the subdivision. William Konzel, 5375 Stuart Ave. stated he has numerous objections to the Phase II proposal. Mr. Konzel felt he was originally told by Mr. Price that he was not going to strictly modular type homes. Mr. Konzel said Mr. Price's intention was to sell modular homes. Mr. Konzel stated, at the last meeting Mr. Price said he is going to build stick built homes as he got closer to Stuart Ave., but Mr. Konzel feels he is not going to build stick built homes to buffer as he gets closer to Stuart Ave. Mr. Konzel stated the current residents in Garden Oaks have not met the Standards for Occupancy the Council said have to be met before the residences are occupied. There were no sidewalks and driveways prior to residency. Mr. Konzel felt there were problems in the public notice that was published., Mr. Konzel said he went to the City Offices on March 26"', 2001 and asked for the plat to review and was told the City did not have the plat. Mr. Konzel proposed the park be moved further north on the Master Plan so the property owners would have the option to purchase the property adjacent to them. Mr. Konzel suggested a larger buffer zone be added between the Cottage Grove Subdivision and the Garden Oaks Subdivision. Mr. Konzel suggested the elimination of through traffic on to Stuart Ave because of concern of speeders. Councilman England said he is interested in looking at the additional buffer, but did not feel good about the City closing off the street. Councilman England suggested the Council look at Phase III and Phase IV to address the buffer zone. Mr. Price said he has interest in the stick build homes, when the development gets closer to the park he will probably build stick homes. Councilman England said he felt the Council should protect the residents, but still provide an area for this type of development. Councilman England said the developer is willing to discuss the buffer in the last phase of the development. Discussion about enforcement of speed limits on Stuart and Adams Streets, City needs to to step up enforcement. 49 COUNCIL MEETING MINUTES - (cont.) April 10`h, 2001 PUBLIC HEARING - GARDEN OAKS SUBDIVISION PHASE II PRELIMINARY PLAT - (cont.) Councilman England moved to accept the recommendations of the Land Use and Development Commission and approve the Garden Oaks Subdivision Phase II Preliminary Plat as presented, Councilman Kearns seconded. Roll Call Vote: Quick, no; England, yes; Gunter, yes; Kearns, yes. Motion passes. BUSINESS LICENSE APPLICATION - Nolan Briscoe, 5178 Stuart, Chubbuck, Idaho has applied for a business license to operate Briscoe's Sno Shack at Smith's Food King Parking Lot at 4837 Yellowstone Ave. Selling snow cones. Councilman Gunter moved to grant a business license to Nolan Briscoe to operate a sno shack at Smith's Food King Parking Lot, Councilman Quick seconded. All council members voted in favor of motion. APPEAL OF RADIO ANTENNAS - An application by Vern Combs, 963 Diablo, Pocatello for a conditional use permit to allow two amateur radio transmission antennas at 5250 Stuart. Property is presently zoned, Limited Residential, (R -2). Land Use and Development Commission voted to deny the conditional use permit application to allow two amateur radio antennas at 5250 Stuart Ave. City received a petition stating "We, the neighbors, appeal to the Land Use & Development and Council of the City of Chubbuck to deny the request by Vern Combs of 5250 Stuart Ave. in Chubbuck for a conditional use permit to place two amateur radio antennas at his residence ". Vern Combs, 5250 Stuart stated on April 4, 2001 Gov. Kempthome signed as an Act the Emergency Communication Prevention Act which is PRB -1. The bill is to preserve the capability of the amateur radio operators within Idaho to provide radio communications in times of disaster. Mr. Combs was asked if he can combine two towers into one, he said he might be able to. Mr. Combs explained ways to correct problems the antennas might cause. Mr. Combs stated it is not the hams responsibility to purchase the equipment for problems they cause. Mr. Combs said if the ham is responsible, he will help correct the problem. Mr. Combs said the higher the antenna the less interference problems they will cause. Mr. Combs stated the antenna is approx. 18" bottom and 12" at the top. 51 COUNCIL MEETING MINUTES - (cont.) April 100', 2001 APPEAL - RADIO ANTENNAS - (cont.) Teresa Schmidt, 5227 Stuart expressed concern about medical equipment for her daughter being interfered with, Mrs. Schmidt stated this could be a life and death situation. Mrs. Schmidt said she cannot afford to buy equipment to correct problems the antennas might cause. Mrs. Schmidt expressed concern about wind knocking the antenna down. Steve Christensen, 5357 Lori Lane expressed concern about health hazards to residents, one being radio frequency radiation. Concerned about updating his equipment because of the radio antennas. Concern about high winds. Mr. Christensen suggested the Council study the concerns before they approve the conditional use permit. Randy Bennett, 5270 Stuart said he felt it is the responsibility of the transmitter to correct any problems they cause. Mr. Bennett expressed concern about the height of the antennas. Mr. Bennett said he plans on moving at a future date, when he sells he feels that because of the antennas next door it will affect his property value. Jim Schmidt, 5227 Stuart stated he is a member of the Chubbuck Fire Department and has concern about interference affecting his pager. Mr. Schmidt said he has all the concerns that have been mentioned. Mr. Schmidt is against approval of the proposal. Kelli Anderson, 410 Adams said she is opposed to the antennas being erected, Mrs. Anderson suggested the Council look at all the ramifications before the Council approves the application. William Konzel, 5375 Stuart said Cottage Grove Subdivision was built in two phases, the first phase did have restrictive covenants, the second phase does not have restrictive covenants. The restrictive covenants in the first phase will not allow antennas in the phase. Mr. Konzel spoke against the proposal. Scott Maclean, 5280 Stuart said he has same concerns the other residents have voiced. Mr. Maclean is against the proposal. Councilman Kearns said Larry Babb has a ham radio antenna, Mr. Babb is one house from him. The antenna there is approx. sixty seven feet. Councilman Kearns said initially, one person had a problem with interference and Larry Babb took care of it. Council Kearns said he does not have a problem with interference. 53 COUNCIL MEETING MINUTES - (cont.) April Wh, 2001 APPEAL - RADIO ANTENNAS - (cont.) Councilman Quick felt the burden of cost and finding a problem should be on the ham radio operator. Councilman Quick moved to table the proposal until the Council can review the impact the radio antennas will have concerning the following; 1) Health and Safety. 2) Interference with transmission of television, telephone, etc. 3) Heights, concern of an antenna falling. 4) Aesthetics, Councilman Gunter seconded. All council members voted in favor of motion. ACCEPTANCE OF OFFER OF DEDICATION - Victorian Village 1". Addition Final Plat was approved by the City Council. Mayor Cotant read the Acceptance of Offer of Dedication in full. Mayor Cotant said he though sidewalks on Whitaker Road were required. Mayor Cotant said the developer should install the sidewalks. Council was in agreement the sidewalks on Whitaker Road should be installed by the developer. Councilman England moved to require sidewalks on Whitaker Road in Victorian Village 1". Addition, and table the Acceptance of Offer of Dedication for Victorian Village I'`, Addition. Councilman Quick seconded. All council members voted in favor of motion. GARDEN PARK SUBDIVISION - KEN PAPE - CURB ON EAST SIDE OF ROSE STREET- Ken Pape stated he was recently told by the City that in order to get Rose Street approved, the curb on east side of Rose has to be completed. Mr. Pape said he agreed to complete the west side of Rose but was not aware of a requirement to complete the east side. Mr. Pape said he does not own the land on the east side. Mr. Pape stated the west side of Rose is completed as required. PWD Smart said there are other streets in the City that have had the same requirements the City is requiring here, Pleasant View, Elizabeth, Johannsen Place and Clover Dell have all had to build roads past existing houses, where roads were not required by the City, or curb, gutter and sidewalk had not been required by the City for whatever reason in order to get back to their development. PWD Smart said Staff told Ken Pape all along the process that Rose would have to be developed, curb and gutter on both sides. PWD Smart said there was not a waiver issued to the developer. PWD Smart stated, if the City does not require of the developer, the City ends up having to build the curb and gutter for benefit of developer. 55 COUNCIL MEETING MINUTES - (cont.) April 106', 2001 GARDEN PARK SUBDIVISION - KEN PAPE - CURB ON EAST SIDE OF ROSE ROAD - (cont.) Councilman Gunter moved to table the request by Ken Pape, Garden Park Subdivision for a waiver of curb and gutter on the east side of Rose Street, Councilman Kearns seconded. All council members voted in favor of motion. SURPLUS EQUIPMENT FOR SALE - PWD Smart stated the Chubbuck Public Works Department has declared various items as surplus and is offering them for sale to the public. Councilman Gunter moved to authorize the sale of surplus equipment. (list attached), Councilman England seconded. All council members voted in favor of motion. "ARBOR DAY" PROCLAMATION - Mayor Cotant read the Arbor Day Proclamation in full. ,^ Councilman England moved to direct Mayor Cotant to proclaim April 27"', 2001 as Arbor Day in the City of Chubbuck, Councilman Kearns seconded. All council members voted in favor of motion. CLAIMS - Computer print -out claims presented to Mayor Cotant and Council. Councilman England moved to approve computer print -out claims as presented, Councilman Gunter seconded. All council members voted in favor of motion. At 10:25 p.m., Councilman Kearns moved, Councilman England seconded, with full council approval to adjourn meeting. Jo40.0 t, Mayor Ron C. Conlin, City Clerk