HomeMy WebLinkAbout04 12 1983 CMCOUNCIL MEETING MINUTES
April 12, 1983 57
Minutes of the regular council meeting held in the city municipal
building April 12, 1983.
Present: Mayor John O. Cotant, Jr., Councilmembers Becky A. Hopkins,
Dwain A. Kinghorn, Thomas S. Nield, LeRoy S. Quick, Attorney B.
Lynn Winmill, Public Works Director Steven M. Smart and City Clerk
Vera C. Armstrong.
Meeting called to order at 7:30 p.m. by Mayor Cotant.
APPROVAL OF MINUTES: Mqyor Cotant asked for corrections or additions
to minutes of March 22 and April 5, 1983.
Councilman Kinghorn moved to accept minutes of March 22 as written.
Councilwoman Hopkins seconded motion. All councilmembers voted
in favor of motion.
Councilman Nield moved to accept minutes of April 5 as written.
Councilwoman Hopkins seconded motion. Vote was unanimous in favor
of motion.
PUBLIC HEARING: James Reilly, D.V.M., Hawthorne Animal Hospital, has requested a conditional use permit to build twelve 10 ft. x
10 ft. horse shelters at 5011 Hawthorne Road. Property is presently
zoned General Residential (R-2). Mr. Reilly was present.
Mayor Cotant asked for any comments from anyone regarding the conditional
use permit application. No comments were given.
Councilman Kinghorn moved to grant the conditional use permit to
James Reilly to build the horse shelters at his Animal Hospital.
Findings of fact being 1)Owners of adjacent property have not expressed
any opposition, 2)No increase of business created by activity for
which permit is sought, 3) Perimeter of property can't be changed
by applicant, with the conditions that 1) Building set back 50
feet from property line (variance for same has been granted by
Land Use and Development Commission), 2) Buffer zone maintained
of hedge or dense foliage, 3) Satisfy all ordinances of city of
Chubbuck, 4) If City determines that the disposal of animal waste
as part of the city garbage system is unacceptable then the applicant
shall provide alternative method of disposing of animal waste
without the use of the city's garbage collection. Councilwoman
Hopkins seconded motion. All councilmembers voted in favor of
motion.
PUBLIC HEARING: A proposal by Jaculyn Korn for a conditional use
permit to operate a small printing press at her home, 4851 Cole.
Property is presently zoned General Residential (R-2).
Mayor Cotant asked for any comments from audience. There were
no comments in favor or against the conditional use permit for
this home occupation.
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PUBLIC HEARING - KORN - cont'd
Councilman Nield moved to grant the conditional use permit to ~aculyn
Korn for the operation of a home occupation involving a printing
press at 4851 Cole, with the finding of fact, l) Operation has
been conducted for some time with single press, monthly delivery
of paper and random pick-up of printed material from home, 2)
Press doesn't produce any significant noise and the following
conclusions of law, 1) The use of the permit will not be injurious
to the neighborhood, produce an adverse impact on the adjacent
properties in economic values, transportation, noise, or work'
an unreasonable hardship upon surrounding property owners. Councilman
Quick seconded motion. All councilmembers voted in favor of motion.
REQUEST TO SERVE BEER AND WINE ON SUNDAY. Richard K. Albee, Sea Galley
Manager, has requested the city allow beer and wine sales on Sunday.
Mr. Albee said they would De agreeable to setting dining hours
from only 12:00 noon to 9:00 p.m. Mr. Albee said Idaho Code,-Title
23, Chapter 7, sets forth rules and regulations to abate the liquor
nuisances if they should occur.
Mayor Cotant said the police department are not anxious for opening
up sales of wine and beer on Sunday. Enforcement of Idaho Code
is very difficult for city. Mayor Cotant added, that the nation
is working towards reducing driving under influence of alcoholic
beverages and to open up the drinking regulations within city could
work against this effort.
Barry Allen, proposed buyer of Littletree Inn, said he has had
much experience thoughout the Unites States and at most areas beer
and wine sales are allowed in restaurants on Sundays.
Discussion followed as to filing a petition to put the issue on
the ballot this fall.
Councilman Quick moved to deny Mr. Albee's request, at this time,
to open the sale of beer and wine on Sunday. Councilman Nield
seconded motion. All councilmembers voted in favor of motion.
PUBLIC HEARING - LAND USE ORDINANCE - Notification of this public
hearing with regard to the proposed revision of th~ City of Chubbuck's
Land Use Ordinance through the enactment of a new ordinance has
been published for hearing this evening.
Mayor Cotant opened the hearing, and asked for any comments for
or against the proposed revision of the Land Use Ordinance.
There being no comments, Mayor Cotant closed the public hearing.
WAIVER OF PLATTING - B & C Construction Inc., General Contractor,
Bob L. Nestor owner, Inkom, Idaho has applied for a waiver of platting
requirements to construct and operate a general contractors business
on the S½ Lot 2 & 3, Boise Payette Tracts.
WAIVEROF PLATTING-- B. & C. Construction cont'd.
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Councilman Quick moved to grant request of waiver of platting to
B & C Construction Inc., relevant facts being the business consists
of one piece of property, one lot and one building which does not
constitute a subdivison, with conclusions of law being that permit
will not be injurious to neighborhood, produce an adverse impact
on adjacent properties, transportation or public utilities. Council-
woman Hopkins seconded motion. Vote was unanimous in favor of
motion.
WAIVER OF PLATTING - Vern Hancock, Architect, represented Clark REal
Estate on the application for waiver of platting requirements to
construct a Pocatello Chubbuck Stake building for the Latter Day
Saint Church on a three and one-half acre parcel of property located
north of Stuart Park and lying between Hawthorne Road and PortneQf
District Library.
Clark Real Estate sold a parcel of land to the Portneuf District
Library approximately eight years ago. A graveled road only has
been built fronting the Library. Clark Real Estate is now proposing
to sell a three and one-half acre parcel to the Pocatello Chubbuck
Stake for a Stake building. The church property will front Stuart
Avenue with two proposed access Foads off Stuart Avenue.
Discussion followed as to the granting of the waiver of platting,
the question of the future development of the street which will
lie between the church and the library.
Mr. Hancock expressed concern about being held up on construction
of church for the several months needed for platting process. Mr.
Hancock said the Pocatello Chubbuck Stake does not plan nor have
need for the use of the proposed street which will lie between
the church and library properties.
Mr. Rodney Clark of Clark Real Estate Company has given as reason
for his request of waiver of platting that the property is being
sold to a non-profit group, that he does not know what the balance
of 'the ground will be used for and that provisions have been made
for the improvements to comply with the requirements of the City
of Chubbuck.
Councilman Nield made motion to grant request of waiver of platting
requirements according to findings that property does not involve
subdivision according to Land Development Ordinance, does not create
a street because of no proposed ingress or egress on the east of
church property, because property does not encroach upon Stuart
Street, that no significant negative impact on the Comprehensive
Plan and would be subject to the following condition; 1) By
October 1, 1984, that Rodney Clark, owner of land, will construct
to city standards and dedicate to the city the proposed extension
of Stuart Street along the eastern boundary of church property,
2) That applicant's acceptance of waiver of platting constitutes
acceptance of this condition and their agreement to comply with
said condition which agreement may be enforced by city by legal
proceedings. Councilman Quick seconded motion. Roll call vote:
Hopkins, no; Kinghorn, yes; Nield, yes; Quick, yes.
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ACCEPTANCE OF IDAHO FIRST NATIONAL BANK lease purchase proposal on
financing of the City Hall Annex.
Attorney Winmill informed mayor and council of the need to take
action on acceptance of finance proposal on City Hall Annex.
The city had not received the proposal except verbally at the
April 5 meeting.
Councilman quick moved to authorize and direct the mayor and city
clerk to enter into a lease with Idaho First National Bank to acquire
the improvements to the city building as set forth in the bidding
plans and specifications, including the base bid and Alternates #1,
#2, and #3. The original cost of the leased improvements base
bid is $214,310.00 with additional cost of $16,808.00 for improvements
within the existing structure and $3,000.00 for attorney's fees.
That sum which is $19,808.00 would be paid upon completion. Original
cost of the lease improvements are to be constructed by B & C Construction
Inc. pursuant to their bid. Idaho First National Bank will provide
the lease financing and lessor will be Citizens Development Inc.
The lease term will be four years commencing upon completion and
acceptance by the city. The annual lease payment will be $60,882.51,
which is calculated at an interest rate of 9.25%, with the condition;
upon the authorization of mayor and city clerk that all lease documents
and other related documents be completed, approved, and ready for
signature before such date as the contractor, B & C Construction,
Inc., has provided as deadline to hold their bid open. Councilman
Kinghorn seconded motion, all councilmembers voted in favor of
motion.
SIGN DESIGN REVIEW - Carol Anselmi, 4807 Yellowstone, has made application
for a design review on a 4 ft. x 10 ft. sign to be placed on face
of their building.
Councilwoman Hopkins moved to approve the design review of Carol
Anselmi, 4807 Yellowstone, for a Treasure Chest Second Hand Store
sign. Councilman Nield seconded motion. Vote was unanimous in
favor of motion.
FLUORESCENT LIGHTS IN NEW BUILDING ~ Mr. Willingham explained the
savings on the solid state ballasts and fluorescent tubes in Alternate
#4 and #5, on the new city building.
CLAIMS - After reviewing claims, Councilman Kinghorn moved to approve
the computer print-out of claims together with the list of hand
checks. Councilman Nield seconded motion. Vote was unanimous
in favor of motion.
K SUBDIVISION FZLING FEE AND PLAT REVIEW FEE - Kent Kunz has withdrawn
his preliminary plat and requests a return of his $40.00 fee. Public
Works Director Smart said he had spent a few hours reviewing same.
Councilman Quick moved to refund $20.00 of the plat review to Mr.
Kurtz. Councilman Nield seconded motion. All councilmembers voted
in favor of motion.
GENERAL DISCUSSION
l) Councilman Quick mentioned that Vic Herbert has questioned
property owned by Pine Ridge Mall and lying west of the
Mall for a bicycle dirt track.
COUNCZLWOMAN Hopkins moved, Quick seconded motion, with full
approval of council to adjourn meeting at 11:40 p.m.
vera C. Armstrong, C-it~'Cl~>k
council
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