HomeMy WebLinkAbout10 12 1993 CM 179
COUNCIL MEETING MINUTE~
October 12, 1993
Minutem of regular meeting held at city municipal building~
October i2th, 1993.
Present: Mayor John O. Cotant, Councll members Leroy S. Quick,
Steven M. England, W. Dean Wood, Attorney Thoma~ J. Holmes,
Public Works Director Steven M. Smart and City Clerk ~on C.
Conlin. Councilman David A. Landon was excumed.
Meeting was called to order at 7:35 p.m. by Mayor Cotant.
INVOCATION was given by Rev. Dave Wagner, A~membiy of God Church.
APPROVAL OF MINUTES - Mayor Cotant asked for corrections or
additions to reg~liar meeting min~_~tes of September 2$th, 1993.
Councilman Wood moved to approve regular meeting mlnutes of
September 28th, 1993 as read. Co~ncllman Quick seconded~ All
council members present voted in favor of motion.
PUBLIC HEARING - ORDINANCE #402 Amending Ordinance #301, the
Appropriation Ordinance for the fiscal year beginning October
1, 1992, and ending September 30, 1993 appropriating
additional monies that are to be recelved by the City, in the
sum of $160,0~0.~0.
Mayor cotant declared the public hearing open, asking for
comments from residents present.
City Clerk Ron Conlln explained the additional monies received
in the Sanitation F~md were collected for the p~.~rpose of
paying Bannock County Landfill for construction of a new
land flii am req~_l!red by Federal Mandate.
Mayor Cotant declared the public hearing closed.
Councilman Quick moved to dispense with rule requiring
Ordinance #4~2 to be read on three separate days. Councilman
England seconded. Roll Call Vote: Quick, yes; England, yes;
Wood, yes; Landon, absent.
Councilman Wood moved to adopt Ordinance #4~2 as read.
Councilman Quick seconded. Roll Call Vote: Quick, yes;
England, yes; Wood, yes; Landon, absent.
PROCLAMATION - Because Halloween falls on, Sunday, October 31st.
this year, Mayor Cotant encourages residents to conduct
Halloween activities on, Saturday, October 30th., 1993.
Mayor Cotant read proclamation in full.
181
PROCLAMATION - (cont.)
~ ..... ~,~=~u moved to direct Mayor Cotant to proclaim,
Saturday, October 3~th., 1993 as the day Halloween activities
will be conducted. Councilman Wood seconded. All council
members voted in favor of motion.
ORDINANCE - Adding Section 13.04.105 to the Chubbuck Municipal Code
to provlde for mlnlmum water, sewer and landfill constrl~ction
fees for residences turning services off for a period of time
while temporarily away from the premises,
Mayor Cotant read ordinance in full for the first reading.
Mayor Cotant explained the proposed ordinance.
Robert Oisen, 550 Albatross was opposed to charging residents
that leave for the winter a minimtlm charge.
Tom Golan, 4927 Easy asked, will all vacant lots in the City
pay the minimum, they should if residents leaving for the
winter have to pay.
After discussion, Councll decided to table the ordinance until
the October 26th., 19q3,
APPEAL O? LAND USE AND DEVELOPMENT COMMISSION'S DECISION TO DENY
THE REPAIR AND SELL OF USED APPLIANCES FROM HOME AT 48~i WHITAKER -
Kevin and Neida Kugler presented an appeal of the Land Use &
Development Commission's decision concerning the denial of
being able to repair and sell used appliances from the home
at 48~1Whltaker Rd,
A petition was presented by residents in the area stating, We
the undersigned oppose the zoning change that would allow a
Day Care Center and Sale and Repair Shop of used appliances
to be located at 48~1 ~nltaker Rd., the northwest corner of
East Chubbuck Rd. and W~itaker Rd. Stating it would increase
the traffic and congestion, already a problem on E. Chubbuck
Rd. The large sign would also be a factor with visibility in
the area.
Mr. Kugler Gave an explanation of his plans at 48~1Whitaker
Rd. Mr. Kugler stated most of his work is service calls from
the home, there are times he might have to bring an appliance
to the home, repairing and maybe selling. Mr. K~]gler said
there would be no outside repair or storage of appliances.
Mr. Kulger stated there will be no noise, etc. that would be
a nuisance to neighbors. Mr. Kugler said there will be no
signs referring to the appliance sales and service.
APP'.AL
(cont. )
SELLING AND REPAIRING APPLIANCES ON E. CLv~BUCK RD
Ches Moore and wife expressed concern of the day care and
repair shop adding to the traffic problem already on E.
Chubbuck Rd. Mr. Moore expressed concern about the repair and
sales business growlng and causing a nuisance.
Attorney Holmes stated the sign was granted by LU&D Commission
for the Pre-School Day Care faclllty only. The sign will be
similar to the one at Mother Goose Day Care, and placed at a
safe location, mt~st be approved by City Building inspector.
William Nice, 4i8 E.
the day care center,
additional traffic.
Chubbuck Rd. expressed concern about
sales and repair appliance shop
Kent Kunz, 4801 Whitaker Rd. stated, with the amount of
traffic already traveling on E. Chubbuck Rd., this
business wiii not make a difference. Mr. Kunz suggested some
kind of trafflc control be implemented on E. Chubbuck Rd.
Discussion about ways to control speeding on E. Chubbuck Rd.
Mr. Nice stated the residents in the area are not agalnst the
requested operation, as much as they are against the
commercializing of E. Chubbuck Rd. Complaints abo~]t railroad
tie yard, trailer manufacturing, etc. on E. Chubbuck.
Mayor Cotant stated, the City wot~ld prefer to limit the
commercial to 50e' east of railroad tracks on E. Chubbuck Rd.
PWD Smart stated the sales and repair business requested~
falls under home occupation guidelines. If Mr. Kugler expands
the business beyond the home occupation guideline~ Mr.
Kugler will be required to operate within the guidelines or
not operate.
A decision on where the commercial zone will end,
on E. Chubb~ck Rd. might be decided at the next
Development Commission, November 4, 1993.
going east
Land Use &
Councilman England explained, if Mr. Kugler is granted a
license, then expands the business, residents should contact
the City, and he can be req~ired to stop operating the
business.
Councilman Qulck stated he is opposed to Mr. Kugler selling
appliances from the home, a sales site does not belong in a
home occupation.
Mr. and Mrs. Ches Moore stated they will appeal the decision
of the Land Use and Development Commission to grant a day care
license to Mr. and Mrs. Kugler.
185
APPEAL - DENIAL OF SALE AND REPAIR OF APPLIANCES ON E. CHUBBUCK RD.
(cont.)
Mr. Kugler stated he would be willing to withdrawn the request
to appliances from the conditional use permit application,
it would help the application get approved. Also, Mr. Kugler
stated he would be willing to limit the n~mber of five
appliances on his property, at one time,
Mr. and Mrs. Moore stated they are opposed to any bumlne~s on
E. Chubbuck Rd.
Councilman Wood asked if the Kugiers might have a problem
getting a preschool and day care llcense from the State %f
they have an appliance repair shop in the same residence.
Fire Chief Campbell stated Mr. and Mrs. Kugler will be
required to comply with all State and City Codes before a
preschool and day care license can be i~ued.
Richard Weaver, 4839 ~nitaker expressed concern about the
following:
1. Increased amount of children will increase problem
with sewer smell on W~itake? Rd.
2. How will sanitation increase be handled.
3. Increased traffic and speeders on Whitaker Rd, and E.
Chubbuck Rd.
Mr. Kunz stated the sewer does not go into the W~itaker Rd.
line.
Councilman Quick moved to approve the conditional use permit
to Kelvin and Nelda Kugler to operate an appliance repair
business at 48~i W~ltaker Rd. subject to the following
conditions: 1. No selling appliances from the residence. 2.
Limited to a maximum of five appliances being repaired at any
one time. 3. No storage or repair of appliances outslde of
garage. 4. No appliance repair sign on property. Councilman
Wood seconded. Roll Call Vote: Quick, no; England, yes; Wood,
yes; Landon absent. Motion carried, two to one.
DIVISION OF ENVIRONMENTAL QUALITY REPORT ON
ASSESSMENT FEE Henry Moran and Blaine Drewes
explain the Drinking Water Assessment Fee.
DRINKING WATER
were present to
Mr. Drewes gave a comparison of the State Program (DEQ) and
the Federal Program, (EPA).
The State wants to keep the program, they have been protecting
the health and safety in the drinklng water program for over
8~ years. Mr. Drewes stated the State can do it less expensive
187
DEQ REPORT ON DRINKING WATER ASSESSMENT FEE- (cont.)
and better than the EPA. The EPA will give cities no waivers
or breaks.
Mr. Drewes said the State does not have the monies to run the
program without collecting the fees, therefore if the fees are
not collected by the State, the EPA will take over, costing
over S30,~0.0~ annually.
If the State DEQ continues the program the following will be
provided~
2 Provide technical assistance to Cities.
City will save monies.
Provide technical assistance to Cities.
State will act as b~lffer between the EPA and Cities.
Mr. Drewes asked the Council to review, then decide which
agency should rt~n the program.
Mayor Cotant said Attorney Store, idaho Falls is seeking an
Attorney General's opinion on whether the fee is legal, oF
not.
After discussion, Council decided to review results of AiC
Meetings in Boise held Friday, October 15, 1993, then make a
decision prior to the November 1, 1993 deadline.
LANDSCAPING REQUIREMENT FOR AUTO IMAGE, 4759 YELLOWSTONE AVE.
Judy Carter, Auto Image stated they are still not sure if they
will be able to continue to rent the property, Circle K will
not tell them for sure. Mrs. Carter said they will comply with
the landscaping ordinance, if they know they can continue to
rent the property.
Discussion about landscaping plan required of Mr. and Mrs.
Carter. Mrs. Carter said they did not have a problem with the
landscaping at the corner of Chubbuck Rd and Yellowstone Ave.,
but, the two 1~' requirements toward the west and mouth of the
property, takes away valuable vehicle sales area. Mrs. Carter
asked the Council to consider requiring 5' rather than the
10'
Fire Chief Campbell said his concern was the front corner, the
5' requirement on the each side will work. FC Campbell stated~
if the Carters will install a cement barrier, to keep sale
vehicles from blocking the line of sight of motorist on
Yellowstone Ave. and Chubbuck Rd., it would help traffic
the hazard.
Attorney Holmes said he would like to talk to the new Circle
K owners.
LANDSCAPING REQUIREMENT FOR AUTO IMAGE - CHUBBUCK RD AND
YELLOWSTONE AVE. - (cont.)
Council was in favor of amending the requirement to 5' on
sides, rather than the 1~'
Councilman England moved to approve a business license to Auto
Image, Steve and Judy Cater throtlgh the first meeting in
April, 1994, subject to 1) A concrete barrier be installed to
meet the line of vision code prior to November 1, 1993. 2) If
still doing business at 4759 Yellowstone Ave., landscaping
requirement will be complied with, prior to first Council
Meeting in April, i994. Councilman Wood seconded. All council
members present voted in favor of motion,
RESOLUTION #$-93 - Designating Election Judge and Clerks.
City Clerk Coniin read Resolution #a-93 In full.
Councilman Wood moved to adopt Resolution #8-93 as read.
Councilman England aeconded. All council members present,
voted in favor of motion.
CERTIFICATION OF FRANCHISING AUTHORITY TO REGULATE BASIC CABLE
RATES -
Attorney Holmes explained the Certification Letter.
Councilman Wood moved to authorize Mayor Cotant to sign the
Certification of Franchising Authority to Regulate Basic Cable
Rates Letter. Councilman England seconded. All council members
present, voted in favor of motion.
PROPOSED PAVING REQUIREMENT ORDINANCE Discussion about
preparation of a proposed paving requirement ordinance.
After discussion, Council decided to get input from businesses
on Yellowstone Ave.
CLAIMS - Computer print-out claims presented to Mayor Cotant and
Council.
Councilman Wood moved to approve computer print-out claims as
presented. Councilman England seconded. All council members
present, voted in favor of motion.
At 11:00 p.m., Councilman England moved, Councilman Quick seconded,
with full couI]cil approval, t~~
Eon C. Conlin, City Clerk