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HomeMy WebLinkAbout10 13 1992 CMCOUNCIL MEETING MINUTES October 13, 1992 224 Minutes of regular meeting held in the city municipal building, October 13, 1992. Present: Mayor John O, Cotant, Council members Leroy S. Quick, Steven M. England, David A. London, W. Dean Wood, Attorney Thomas J. Holmes, Public Works Director Steven M. Smart City Clerk Ron C. Conlin. Meeting was called to order at 7:33 p.m. by Mayor Cotant. APPROVAL OF MINUTES Mayor Cotant asked fo~ corrections or additions to Regular Meeting Minutes of September 22, 1992 and Special Meeting Minutes of September 30, 1992. Councilman Wood moved to approve regular meeting minutes of September 22, 1992 as read. Councilman Quick seconded. All council members present voted in favor of motion. Councilman London moved to approve the Special Meeting Minutes of September 30, 1992 as read. Councilman Quick seconded. All council members voted in favor of motion. PUBLIC HEARING - A proposal by American Heritage, P.O. Box 2684 Pooatello, Idaho for a change in Land Use District, upon requested annexation to Single Family Residential (R-l) for property located on the north end of Constitution and Independence Aves. Mayor Cotant declared the public hearing open, asking for comment for, or against the proposal. Tim Shurtliff, Shurtliff Engineers reported the proposal is in compliance with the master plan American Heritage, Inc. is working on. Mr. Shurtliff stated there are 29 lots in this phase. Discussion about installation of gang type mailboxes. Po~t Office is requiring the mailboxes be installed so the poetm~n can reach the box without leaving the truck. Mr. Shurtliff said there will be an indentation in the curb near the gang mail box so handicap individuals can get to the mailbox from across a street. Mayor Cotant stated the gang mailboxes should be installed at the time of sidewalk construction, this way the home owner will know up front, the gang mailboxes are required, PWD Smart stated the Land Use and Development Commission is in favor of the entire three acre park being developed. Mayor Cotant declared the public hearing closed. 226 PUBLIC HEARING - HERITAGE WEST ANNEXATION AND ZONING CHANGE - (cont.) - Councilman Quick moved to accept the Land Use and Development Commission's recommendation for a change in Land Use District, upon requested annexation to American Heritage, Inc. to Single Family Residential (R-l), for property located on the north end of Constitution and Independence Aves. Councilman Landon seconded. All council members voted in favor of motion. PRELIMINARY PLAT - HERITAGE WEST ~4 - An application by American Heritage, Inc,, Pocatello, Idaho for a review of preliminary plat of Heritage West No. 4 SubdJvision, a subdivision located on a tract of land at the north end of ~onstitution and Independence Aves. Mayor Cotant declared the public hearing open, asking for comments for, or against the proposal. There being no comment for, or against the proposal, Mayor Cotant declared the public hearing closed. PWD Smart stated the preliminary plat conforms with the requirements of T~tles 16 & 17. Mr. Shurtliff stated there is no problem with putting the extra two feet of sidewalk for the gang mailboxes, also the indentation in curbs near the mailboxes. Councilman Landon moved ~o accept the recommendations of the Land Use and Development Commission and approve the Heritage West No. 4 Subdivision Preliminary Plat as presented, subject to developer making cash contribution for park lands, adherent to 17.16. Councilman England seconded. All council members voted in favor of motion. BUSINESS LICENSE APPLICATION - Knights of the Shield, Melvin Hardy have applied for license to operate a haunted house at 4500 Hawthorne Road. FC Cary Campbell presented the following recommendations, if business license application is approved: 1. City of Chubbuck must be named as an insured on Certificate of Insurance. 2. Required to turn off external loud speakers no later than 10:00 p.m. 3. All actqvities shall be completed by midnight on Fridays and Saturdays and 11:00 p,m. on week nights. 4. No alcoholic beverages shall be consumed during the time Hawthorne House in open to the public. 228 BUSINESS LICENSE APPLICATION - HAWTHORNE HAUNTED HOUSE - (cont.) 5. The south driveway shall be Kept clear and maintained for emergency vehicles at all times. 6. Hawthorne House building activities require a building permit for the City of Chubbuck. 7. During the hours of public activities at Hawthorne House the operators will be required to hire a Chubbuck Fireflghter in uniform to be on standby. (UFC Sec. 25.117). The fee shall be ten dollars per hour paid to the city in advance of the opening of Hawthorne House. The firefighter on duty shall report directly to the Fire Chief. 8. Smoking will not be allowed by the public, this includes the parking lot. Those persons operating the activities, may smoke inside the garage to the northeast of the house, then only if proper ashtrays and fire extinguisher are provided. 9. Weeds will be cleared from within thirty feet of the principle structure. 10. Violation of any of the foregoing rules by members of public or operators will be cause for the Immediate closure of all Hawthorne House activities by the Fire Chief or his representatives. 11. No parking on east side of Hawthorne Road, Councilman Quick moved to approve a business license to Knights o¢ the Shield, Mel Hardy to operate Hawthorne Haunted House at, 45u0 Hawthorne Road, subject to all above requirements. Councilman Wood seconded. All council members voted in favor of motion. PETITION TO APPEAL A PORTION OF oRDINANCE #366 - Steve and Barbara Steele, 1947 Anita Place was present to get permission for landscaping plans in reference to Ordinance ¢366. Mr. Steele stated he purchased the building a couple of weeks ago, and obtained a building permit. Hr. Steele said he wants to improve the looks of the building by landscaping, but would like to put planters in front of the complex, rather than the 10' of landscaping, sprinkler system, and shrubs and/ or trees. Hr. Steele stated, if he is required to install shrubs or trees, it will eliminate the parking to the west of the complex. Mayor Cotant expressed concern about the parking and traffic hazard to the west of complex. Mayor Cotant suggested customers enter the 8tats Liquor Store in the back (on the east side), there is more parking ~n the rear. Mr. Steele said, there is additional parking to the south of Leon's Barber Shop. 30 APPEAL OF LANDSCAPING ORDINANCE - [cont.) Mayor Cotant and Council were presented a drawing made by Kimberly Nursery, for installation of the planters. Mr. Steele stated the State Liquor Dispensary is concerned about security problems, if there is an entrance to the back. The back of the store will be used for loading and unloading only. Mrs. Steele stated the representatives from the State said there are no more than three or four customers at any given time, so there should not be too much of a parking demand. FC Campbell stated without inspecting the planters suggested, there may not be enough area for customers to walk, or handicap individuals to get through without a creating a traffic hazard. Linda McCarty, 4820 Yellowstone stated she will operate a gift craft shop to the east of Leon's Barber Shop. Mrs. McOarty is concerned Jf her customers have to wa]k, and do not have access right to her store, she will loose the customer. Mayor Cotant suggested getting the traffic from the west side of the complex to the south side or back of complex, as much as possible. Chief of Police Rowland expressed concern of traffic hazard around Yellowstone Ave. & Chubbuck Rd intersection. Mayor Cotant stated all the businesses in the complex been so]d, therefore they trigger the landscaping ordinance. have Councilman Wood stated some cases, some businesses are not going to have the ten feet to give for landscaping. Councilman Wood said he is not in favor of putting the hardship on the business. Mayor Cotant stated, safety is the number one concern, if it can De corrected, this is the time to do it. Mayor Cotant said we might approve as is, subject to, if Police Department experiences increased traffic problems, the council will have the right to review, and take more positive steps. Councilman Wood moved to partially waive landscaping requirements of Ordinance #366, subject to: 1. American Disabilities Act requirements be met. 2. Fire Chief Campbell to inspect and approve landscaping requirements. 3. Parking APPEAL OF LANDSCAPING ORDINANCE - STEVE STEELE - (cont.) 232 on west side of building be striped diagonal to the north and marked to direct vehicles to exit north. 4. Parking on the south side of building be s~riped diagonal to the east and marked to direct vehicles to exit east. Councilman Landon seconded. All council members voted in favor of motion. CLAIM - R. S. Davies, 4681 Mount Lake presented a claim to the Council in the amount of $900.00 for damage of tree trimmed by City Employee, July 9, 1992. After discussion, Councilman Landon moved to direct City Clerk Conlin to senO the claim presented by R. S. Davies, to City Insurance Company. Councilman Quick seconded. All council members voted in favor of motion. CLAIMS - Computer print-out claims presented to Mayor Cotant and Council. Councilman England moved to approve the computer print-out claims as presented. Councilman Landor seconded. All council members voted in favor of motion. UTILITY RATE DISCUSSION - PWD Smart presented to Mayor Cotant and Council proposed rate schedules on Sanitation, Water and Sewer. Water Rates necessary for adopted budget 3/4"$ 10.67 Sanitation Rate w/Landfill Charge in Weight $ 14.09 Residential Base $ 16.84 w/out $ 9.79 Sewer No loan nor projects Sewer Bond and Loan Sustain secondary bond and loan $ 21,24 $ 23.15 $ 22.37 PWD Smart gave a report on the proposals. Council will discuss at a November, 1992 Council Meeting. ORDINANCE - An ordinance approving the Downtown Urban Renewal Plan, which Plan includes revenue allocation financing provisions, authorizing the city clerk to transmit a copy of this ordinance and other required information to County and State Officials. Attorney Holmes read the ordinance for the second reading. The Public Hearing will be conducted, October 27, 1992 as published. At 234 10:16 p.m., Counci 1man England moved, Counci 1man Landon seconded, with full council approval~ adjourn meeting. (, , ( /~.l .:_ /ohn 0% Cotant, Nayor Ron C. Conlin, City Clerk