HomeMy WebLinkAbout09 14 1999 CM159
COUNCIL MEETING MINUTES
September 14th, 1999
Minutes of a regular council meeting held at the Chubbuck City Council Chambers, September
14th, 1999.
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 called to order at 7:30 p.m. by Mayor Cotant.
PLEDGE ALLEGIANCE TO THE FLAG
APPROVAL OF MINUTES - Mayor John O. Cotant asked for corrections and addition to the
Regular Meeting Minutes of August 24th, 1999, Special Meeting Minutes of September
1St, 1999, and Special Meeting Minutes of September 8th, 1999.
Councilman Kearns moved to approve Regular Meeting Minutes of August 24th, 1999,
Special Meeting Minutes of September V, 1999 and Special Meeting Minutes of
September 8th, 1999 as read. Councilman England seconded. All council members voted
in favor of motion.
PUBLIC HEARING - RECONSIDERATION - VACATING BAR X TRACTS - Council to
reconsider a petition by Don and Charlene Anderson, 11620 Faith Road, Pocatello, Idaho
to vacate a portion of Bar X Tracts known as Loyal and Faith Roads. Property is located
on the south portion of Faith Road and all of the easement for Loyal Road.
PUBLIC HEARING - A petition by James H. and Phyllis R. Henriksen, 14349 W. Promise Lane,
Pocatello, Idaho and Jerry K. and Jeanetta Medrud, 14349 W. Promise Lane, Pocatello,
Idaho to vacate the easement for the south portion of Loyal Road crossing, the above
named parcel, and all of Hope Road.
Mayor Cotant suggested Agenda Items #1 and 2 be considered in the same public hearing.
Mayor Cotant declared the public hearings open asking for comment from those
concerned.
Bannock County Planner, Lori Bergfeld, via a written letter asked the Council to consider
the issues raised in the opposing the vacation of Hope Road, and a portion of Loyal Road.
Charlene Anderson, 11620 Faith Road stated she was unaware of any opposition to Don
and Charlene Anderson's petition to vacate a portion of Bar X Tract known as Loyal and
Faith Roads.
161
COUNCIL MEETING MINUTES - (cont.)
September 14", 1999
PUBLIC HEARING - VACATE A PORTION OF LOYAL AND ALL OF HOPE ROAD -
(cont.)
Lamar Armstrong, 617 Poole Road stated, he is opposed to the petition because
it will land lock a piece of his property. Mr. Armstrong said he has not used the property
as of yet, but his daughter plans on building a home, if the petition is approved it will land
lock the property.
Don Anderson, 11620 Faith Road said a bridge could be built across the canal, stating
Mr. Armstrong also access to Chubbuck Road and Philbin Road. Mr. Anderson explained
why he wants the vacation.
Mayor Cotant declared the public hearing closed.
Councilman Kearns expressed concern about the City not following the long range plan
of road grids, also concern of not following the Access Management Guidelines.
Councilman Kearns felt the City has an obligation to maintain accesses through the Land
Use Laws to maintain and not land lock property.
James H. Hendriksen, 14363 W. Promise Lane explained why he and Jerry Medrud,
14349 W. Promise Lane petitioned the vacation of easement for the south portion of
Loyal Road, and all of Hope Road. Concern about landscaping, fences, etc. on easements,
being required to be removed if the roads are ever constructed. Mr. Hendriksen stated he
does not want a road so close to his home.
Council reviewed an aerial map of the area.
Council felt the parties involved, should get together and work out an access for Mr.
Armstrong's daughter, but Faith, Hope and Loyal Roads should not be vacated.
Councilman Quick moved to reverse the previous decision to vacate a portion of Bar X
Tract, known as Loyal and Faith Roads, property located on the south portion of Faith
Road, and all of the easement for Loyal Road, Councilman Gunter seconded. All council
members voted in favor of motion.
Councilman Gunter moved to deny the petition by James H. and Phyllis R. Hendriksen,
14363 W. Promise Lane, and Jerry K. and Jeanetta Medrud, 14349 W. Promise Lane to
vacate the easement for the south portion of Loyal Road crossing, the above name parcel
and all of Hope Road, Councilman Quick seconded. All council members voted in favor
of motion.
163
COUNCIL MEETING MINUTES - (cont.)
September 14`h, 1999
PUBLIC HEARING - An application by Joshua D. and Camille Ellis, 706 Washburn, Chubbuck
Idaho for a change of Land Use District for 706 Washburn to Limited Residential, (R -2).
Property is presently zoned Single Family Residential, (R -1). Land Use & Development
Commission recommended the Council deny the application.
The following letters and petition was presented to the Council opposing the application:
1. Letter opposing the application from Lloyd J. and Bonnie Matthews.
2. Letter opposing the application from Douglas and Joanne Remer.
3. Petition with 39 signatures in the subdivision, opposing the application.
Mayor Cotant declared the public hearing open asking from comments for or against
the proposal.
Joshua Ellis, 706 Washburn discussed the following with Council:
1. Restrictive Requirements - Just nine inches short - Mr. Ellis felt 9" short is only a
teithn i c a 1 i t-idiscussion about requirements.
V
2. He will beautify the area.
3. Resident concerns:
a) R -2 lowering home valuations - Mr. Ellis said there is R -2 on both sides of the
property.
b) Drainage - Uniform Building Code will require'that all drainage requirements
are meta
c) Concern about duplex being built - Mr. Ellis stated there will be no duplex built
on the property.
Mr. Ellis asked the Council to approve the application for a change of Land Use District
at 706 Washburn.
Mr. Ellis stated that if approved, the home will be built to R -1 Building Standards.
Rick Kramer, 4970 Mountain Park Road expressed concern about the slope of the land.
Mr. Kramer was opposed to changing the zoning to R -2.
Bonnie Maclure, 4539 Mountain Park Road spoke against changing the zoning at 706
Washburn Road to R -2. Mrs. Maclure stated people bought their lots in the subdivision
thinking the zoning would stay R -1.
165
COUNCIL MEETING MINUTES - (cont.)
September 14th, 1999
PUBLIC HEARING - CHANGE OF LAND USE DISTRICT AT 706 WASHBURN - (cont.) -
Joanne Remer, 718 Washburn said they purchased their property thinking it was going to
always be R -1. Mrs. Remer felt, putting two house on the lot next to hers, would devalue
her lot. Mrs. Remer is opposed to the zone change at 706 Washburn.
Don Kugler, 702 Brundage said he is opposed to changing 706 Washburn to R -2 because
of the following:
1. Slope and lack of space in the back yard.
2. What will Mr. Ellis do with the light pole and transformer box on the property.
Jared Grover, 707 Brundage expressed concern about his view being blocked, also
concerned about drainage from the property.
Susan Grover, 707 Brundage expressed concern about their home being devalued if the
property at 706 Washburn is changed to R -2.
Darris Ellis, 13560 N. Hawthorne Road said the home will be like other homes in the R -1
area. Mr. Ellis stated, by following the Uniform Building Code the drainage concerns
will be take care of.
Rich King, 4553 Mountain Park Road spoke in favor of the application.
Mayor Cotant declared the public hearing closed.
Discussion about current Restrictive Covenants of the subdivision.
Councilman Quick expressed concern about setting a precedence by changing the zone of
a single lot.
Councilman Kearns moved to deny the application by Joshua and Camille Ellis for a
change of Land Use District for 706 Washburn to Limited Residential, (R -2),
Councilman Quick seconded. Roll Call Vote: Quick, yes; England, no; Gunter, no;
Kearns, yes; Mayor John Cotant, no. Motion did not pass.
Councilman Gunter moved to approve an application for a change of Land Use District
^' for 706 Washburn to Limited Residential, (R -2), Councilman England seconded. Roll
Call Vote: Quick, no; England, yes; Gunter, yes; Kearns, no; Mayor John Cotant, yes.
Motion passes.
167
COUNCIL MEETING MINUTES - (cont.)
September 14", 1999
PUBLIC HEARING - PRELIMINARY PLAT - An application by Harold Scalf, 5047 Elizabeth,
Chubbuck, Idaho for a preliminary plat for Jordan's Park Subdivision. Property is located
at west end of Garden Drive at the intersection of Tree Valley Road.
Mayor Cotant declared the public hearing open, asking for comments for or against the
application.
Harold Scalf, 5047 Elizabeth presented the preliminary plat to Mayor Cotant and Council.
Staff notes:
1. This development will connect Garden Drive with Tree Valley Road.
2. Existing City utilities are located adjacent to this development in Garden Drive
and Tree Valley Road.
3. Mr. Scalf proposes a 49' right -of -way for Garden drive, leaving a 1 foot reserve
strip along the north side of Garden Drive to be dedicated to the City for right-
of -way when the adjacent property develops.
Mayor Cotant declared the public hearing closed.
Discussion about location of future park. There is a cash in -lieu of park dedication fee
paid by Harold Scalf.
Councilman Kearns moved to accept the Land Use & Development Commission's
recommendation to approve the Jordan's Park Subdivision Preliminary Plat as presented,
Councilman England seconded. All council members voted in favor of motion.
PUBLIC HEARING - PRELIMINARY PLAT - An application by Pam and Nolan Hansen,
12141 N. Rio Vista Road, Pocatello, Idaho for a preliminary plat for Hansen Subdivision.
Property is located on the corner of Rio Vista and Siphon Road.
This development is outside of Chubbuck City limits but within the Chubbuck Area of
City Impact.
Mayor Cotant declared the public hearing open asking for comments, for or against the
application.
Pam Hansen, 12141 N. Rio Vista Road said they sold this property to a developer.
Mrs. Hansen stated the preliminary plat was approved by the Bannock County Planner.
Mrs. Hansen presented the preliminary plat to Council.
169
COUNCIL MEETING MINUTES - (cont.)
September 14`h, 1999
PUBLIC HEARING - PRELIMINARY PLAT - HANSEN SUBDIVISION - (cont.)
Mayor Cotant declared the public hearing closed.
Councilman England moved to accept the Land Use & Development Commission's
recommendation to approve the Hansen Subdivision Preliminary Plat as presented,
Councilman Kearns seconded. All council members voted in favor of motion.
PROPOSED AMENDMENT TO SECTION 106.2 OF THE 1997 UNIFORM BUILDING
CODE - Building Official Jim Sempek recommended the City of Chubbuck rescind
Section 15.04.030, Item (A), amendment to Section 106.2 of the 1997 Uniform Building
Code which increases the allowable detached accessory storage building area from 120
square feet of floor area.
Councilman England expressed concern about dropping the size to 120 square feet, it will
cause a lot of non - compliance in the City, because most sheds are around the 120 square
feet
After discussion, it was decided Attorney Holmes and BO Jim Sempek will draft an
ordinance that amends the Code, then present to Council.
RESOLUTION #5 -99 - A resolution setting forth in writing the reasons for adopting a
moratorium on commercial cell phone towers and setting forth the time limit for said
moratorium.
Attorney Holmes read the moratorium in full.
Councilman England moved to adopt Resolution #5 -99 as read, Councilman Gunter
seconded. All council members voted in favor of motion.
BID - SANITATION COLLECTION SERVICES - PWD Smart presented the following bids
received:
Waste Connection Snake River Sanitation
$392,861.16 Annual $478,138.92 Annual
Discussion about roll off containers.
171
COUNCIL MEETING MINUTES - (cont.)
September 14t'', 1999
BID - SANITATION COLLECTION SERVICES - (cont.) -
Waste Connections, Inc. Representative stated, Waste Connections will do a better job of
informing City when holiday sanitation pick up will be, so residents can be notified.
The agreement is a five year agreement starting January Is, 2000.
Councilman Quick moved to direct Mayor Cotant to enter into agreement with Waste
Connections, Inc. for City of Chubbuck sanitation pick up in the amount of $392,861.16
annually, subject to the discussion of adding of roll off container pick up in the future,
Councilman Kearns seconded. All council members voted in favor of motion.
FINAL PLAT - HAWTHORNE SUBDIVISION - Tim Shurtliff, 426 W. Lewis presented the
Hawthorne Subdivision Final Plat to the Council.
Discussion about requiring sidewalks in the area.
Councilman England moved to approve the Hawthorne Subdivision Final Plat as
presented, Councilman Kearns seconded. All council members voted in favor of motion.
FINAL PLAT - RATLIFF SUBDIVISION - PWD Smart said that we received the Final Plat and
construction drawings yesterday, there are still four construction drawing concerns that
need to be addressed, but in view of trying to get the N. Burley Drive Road construction
finished, PWD Smart recommended the final plat be approved, subject to construction
drawing concerns being addressed before the final plat is signed.
Attorney Holmes stated there has been an on going discussion about Gary Ratliff and City
of Chubbuck entering into a development agreement, that deals with the construction of
No. Burley Road.
Councilman Kearns moved to approve the Ratliff Subdivision Final Plat subject to,
1. Compliance with the four construction drawing item concerns, as per City Engineer,
and;
2. Gary Ratliff signing the development agreement that deals with the construction of N.
Burley Drive, Councilman Gunter seconded. All council members voted in favor of the
motion.
173
COUNCIL MEETING MINUTES - (cont.)
September 14 ', 1999
PROPOSED LOCAL IMPROVEMENT DISTRICT NO. 2 - Council consideration of protests
and objections fled for the creation of LID No. 2, and to the street improvements
proposed to be constructed and installed in said District.
Gary Ratliff, 4970 Apache Rd. and Nick Crookston, 246 E. Chubbuck Rd. were present
to object to the proposed Local Improvement District No. 2.
After discussion, Councilman Kearns moved to table the Local Improvement District
No. 2 until the first Regular Council Meeting in January, 2000. Councilman Gunter
seconded. All council members voted in favor of motion.
COUNCIL CONSIDERATION OF DE- ANNEXATION - DAVID AND AMBER FULLER,
4870 N. BUFFALO ROAD - David Fuller, 4870 N. Buffalo Road cited the following
reasons why he is requesting de- annexation; 1) When he purchased the property, the
"City Limits" sign was on the south end of our property indicating that we were in the
County and not in the City. Mr. Fuller said he based his decision to build the size of the
home they did on the assumption that we would be paying the county taxes. 2) The lack
of city services afforded his property. Mr. Fuller said when he asked for a permit for his
well and septic, he was not told that he could have city sewer and water run to his home.
3) Mr. Fuller stated all other homes on N. Buffalo Rd. on small acreage with a well and
septic are not included in the City.
Council had a concern about setting a precedence by allowing the de- annexation of
property at 4870 N. Buffalo Road.
Councilman Quick moved to deny the request of David and Amber Fuller to de -annex
their property at 4870 N. Buffalo Road, Councilman Kearns seconded. All council
members voted in favor of motion.
ORDINANCE #516 - Amending Chapter 6.04.030 to conform the definition of a day care
provider to State Law.
Attorney Holmes read Ordinance #516 in full for the first and final reading.
Councilman Quick moved to dispense with the rule of reading Ordinance #516 on three
separate days, Councilman Kearns seconded. Roll Call Vote: Quick, yes; England, yes;
Gunter, yes; Kearns, yes.
Councilman Gunter moved to adopt Ordinance #516 as read, Councilman Quick
seconded. Roll Call Vote: Quick, yes; England, yes; Gunter, yes; Kearns, yes.
' 177
COUNCIL MEETING MINUTES - (cont.)
September 14`h, 1999
GENERAL DISCUSSION - Don Pierson, 330 W. Chubbuck Road was present to complain
about receiving a red tag on a mobile home he brought onto his lot at 330 W. Chubbuck
Road.
Mayor Cotant suggested Mr. Pierson meet with Councilman Gunter and Building
Inspector Ray Griffin in the morning, September 15`h., 1999.
RESOLUTION #6 -99 - Proclaiming a General City Election to be held on November 2nd, 1999,
designating the polling place, designating the deputy registrars, and ordering the City
Clerk to give notice of such election.
Councilman England moved to adopt Resolution #6 -99 as read, Councilman Quick
seconded. All council members voted in favor of motion.
MUNICIPAL AUDIT - LETTER OF UNDERSTANDING - AUDITOR SCOTT JONES - City
Clerk Conlin said Scott Jones is asking his regular fee to do the 1998 -99 Fiscal Year
Audit not to exceed $3,400.00.
Councilman Quick moved to direct Mayor Cotant to enter into agreement with Scott
Jones, Jones, Yost, Hatt, Erickson P.A. to do the 1998 -99 Fiscal Year Audit, Councilman
England seconded. All council members voted in favor of motion.
CLAIMS - Computer print -out claims present to Mayor Cotant and Council.
Councilman Gunter moved to approve computer print -out claims as presented.
Councilman Kearns seconded. All council members voted in favor of motion.
At 11:10 p.m., Councilman England moved, Councilman Quick seconded, with full council
approval to adjourn meeting.
Ron C. Conlin, City Clerk