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HomeMy WebLinkAbout10 08 1991 CM143 COUNCIL MEETING MINUTES October 8, 1991 Minutes of regular meeting held in the city municipal building, October 8, 1991. Present: Mayor John O. Cotant, Council members Leroy S. Quick, Steven M. England, David A. Landor, W. Dean Wood, Attorney Thomas J. Holmes, Public Works Director Steven M. Smart and City Clerk Ron C. Conlin. Meeting was called to order at 7:35 p.m. by Mayor Cotant. APPROVAL OF MINUTES - Mayor Cotant asked for corrections or additions to minutes of September 24, 1991. Councilman Wood moved to approve minutes of September 24, 1991 as read. Councilman Landor seconded. All council members voted in favor of motion. RESOLUTION ¢11-91 - Appointing Election Judge and Election Clerks and designating a suitable polling place for conduct of election. Mayor Cotant read Resolution ¢11-91 in full. Councilman England moved to adopt Resolution ~11-91 as read. Councilman Wood seconded. All council members voted in favor of motion. PROPOSED SIDEWALK REPLACEMENT PROJECT - JAMES AND MESQUITE STREETS Residents on James and Mesquite Streets were invited to discuss with the Council a proposed sidewalk replacement project. Mayor Cotant stated the City is trying to get some of the walks in the area that are badly raised and broken, repaired. The City in a cooperative agreement with the resident, will repair the curbs and sidewalks. Mayor Cotant said the City will repair the curbs, remove the existing concrete, compact and provide fill for the sidewalks. The home owner will have the responsibility to install the concrete. Marion Williams stated the problem is water running from the street to the curb and sidewalk, until the street is repaired, it will do no good to replace curb and sidewalk. Several complaints about sinking around water and sewer lines. 145 PROPOSED SIDEWALK REPLACEMENT PROJECT - (cont.) Mayor Cotant stated at the time, the street and constructed to City requirements of that time, have been mistakes made. sidewalk was there could Bob Middleton, 5164 Mesquite said the only place his sidewalk is sinking is where the City repair a hole, and did not repair properly. Mayor Cotant said the City will break up and remove the sidewalk concrete. Councilman England stated he felt most of the problem is in the construction of the street. Councilman England said, everywhere there is a sewer or water line up and down the street, there is sinkage. Mayor Cotant said the City will tear out the sidewalk, look for any problems, correct, then pour the sidewalk. Any sidewalks and curb not broke, that is level, will not be required to be replaced. Mayor Cotant stated the proposed sidewalk and curb project, if approved, will start next summer. Dusty Whited, L & A Concrete stated concrete is running about $1.75 a square foot. Councilman England said most of the problems will be taken care of by removing the concrete, pouring fill, pouring new concrete. Councilman England said there will be some special problems, but, until the City takes the sidewalk out, we will not know what caused the problem. All residents present were in favor of the gang mail boxes. Glen Cranor, Mesquite expressed concern about how city employees repair the streets. The City will repair curbs, remove the existing concrete, compact if needed, then pour fill. The resident will be responsible for pouring concrete. City will meet with residents to determine individual problems. Mayor Cotant told residents they will be notified of another meeting to discuss the proposed sidewalk replacement project in the spring of next year. FINDINGS OF FACT AND CONCLUSION WEST CHUBBUCK ROAD - 147 OF LAW WALLACE SMITH, JR., 310 Councilman Wood moved to approve the Findings of Fact and Conclusion of Law as read, Council Landor seconded. All council members voted in favor of motion. PUBLIC HEARING - An application by Leman Whited, 207 Brisooe Road for a change of Land Use Bistrict to (C-2) General Commercial. Property is presently zoned (R-2) Limited Residential. Mayor Cotant declared the public hearing open. Leman Whited, 207 Briscoe Road gave a report on his business operation at 207 Briscoe Rd. Mr. Whited said they take bids over the phone and have equipment parked on their property. Mr. Whited stated they intend to conform to conditions put on them by the Land Use and Development Commission. Ray Cole, 227 Briscoe spoke in favor of the Land Use Development Commission's decision to allow Mr. Leman to operate L & A Concrete at 207 Briscoe Rd. Edith Read, 156 Briscoe said she is against the property going (C-2) General Commercial because 1. Commercial development should occur in suitable locations. 2. Pedestrians and bicycles should be accommodated special facilities to keep them separated from motorized vehicles, specifically the development of sidewalks and walkways should be encouraged and where appropriate should be required. 3. Where possible the cost of any special municipal services should be borne by the developer. 4. Dust control. Mary Mitchell, 281 Briscoe spoke against the property at 207 Briscoe going (C-2) General Commercial. Mayor Cotant stated the land Yellowstone Ave. is in the commercial. half way between Hawthorne and Comprehensive Plan as going LaVanda Pieper, 227 Briscoe said the dust does not bother her, she is in favor of the zoning change. Chas Collins, 156 Briscoe said the dust does bother the neighborhood. Mr. Whited said his intentions are to turn the front part of the property into pasture. Mayor Cotant asked Mr. Whited if he could plant the pasture this year. Mr. Whited said he can plant the pasture this fall. 149 PUBLIC HEARING - (cont.) Councilman Wood moved to approved a change in land use district for the real property at 207 Briscoe Rd. described on Exhibit A hereto fdom (R-2) Limited Residential to (C-2) General Commercial. Councilman Landor seconded, All council members voted in favor of motion. APPEAL OF DECISION OF LAND USE AND DEVELOPMENT COMMISSION GRANTING LEMAN WHITED A CONDITIONAL USE PERMIT TO OPERATE L & A CONCRETE AT 207 BRISCOE RD. The following conditions were put on Mr. Leman: 1. The proper buffer or screening be provided as per ordinance. 2. That a sealing or some kind of dust control method for the gravel surface be provided. Those areas not to be used for driveways or equipment parking be planted in some type of grass or ground cover and be maintained. 4. A six foot wood fence be built on the north side of the property and property screening on the east and south sides be provided. 5. That the following time frame for completion is: A. Wood fence on north side by May 30, 1992. B. Pasture be planted by November 30, 1992, C. Driveway graveled by May 30, 1993 and D. Work lot graveled by November 30, 1993. 6. All necessary visual clearance requirements of City ordinance be met. 7. The forty foot buffer area for south and east side of the property be done upon granting of the conditional use permit and the north fence be completed as per the time frame listed. Mayor Cotant suggested: 1, Mr. Whited plant the pasture this fall, so the dust problem will be alleviated. 2. Instead of the fence being installed on the north property line, install it around the equipment area. Councilman Quick moved to affirm the Land Use and Development Commission Decision to grant Leman Whited, 207 Briscoe a conditional use permit to park construction equipment and vehicles on the property at 207 Briscoe subject to 1) The pasture be finished by 5/31/92. The pasture is required to be watered. 2) Remove the requirement of the fence along Briscoe, instead, requiring a 6' solid wood fence in front of work area to be installed by May 30, t992, at a location to be determined by the applicant, Councilman Wood seconded. All council members voted in favor of motion. REQUEST FOR SPECIAL MEETING - Steve Gallefent was present to ask the Council to hold a Special Meeting on October 29, 1991, to consider vacating a street in the Bar-X Tracts Subdivision. 151 REQUEST FOR SPECZAL MEETZNG - (cont.) Councilman England moved to hold a Special Meeting, October 29, 1991 at 5:15 p.m. for consideration of vacating a street in Bar-X Tracts Subdivision. Councilman Landon seconded. All council members voted in favor of motion. CLAIMS - Computer print-out claims presented tc, Mayor Cotant and Council, Councilman Wood moved to approve computer print-out claims as read. Councilman England seconded. All council members voted in favor of motion. At 10:15 p.m., Councilman Quick moved, Councilman Landon seconded, with full council approval to adjourn meeting. Ron C. Conlin, City Clerk ~ Cotant, Mayor