HomeMy WebLinkAbout11 09 1993 CM197
COUNCIL MEETING MINUTES
November 9, 1993
Minutes of regular meeting held at city municipal building,
November 9, 1993.
Present: Mayor John O. Cotant, Council members Leroy S. Quick,
Steven M. England, W. Dean Wood, Marvin C. Gunter, 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 regular meeting minutes of October 26, 1993, and
Special Meeting Minutes of November 3, 1993.
Councilman Wood moved to approve regular meeting minutes of
October 26th, 1993 as read. Councilman Quick seconded. All
council members present voted in favor of motion.
Councilman Quick moved to approve Special Meeting Minutes of
November 3, 1993 as read. Councilman England seconded. All
council members voted in favor of motion.
PUBLIC HEARING A proposal by K.G. Gibbs, 426 E. Chubbuck for a
change in Land Use District to Industrial (I) for property in
the NEI/4, NE1/4, Section 10, Township 6 South, Range 34,
E.B.M. (435 E. Chubbuck Rd.).
K.G. Gibbs has asked for a change in zoning of property at 435
E. Chubbuck Rd. to Industrial (I), to allow continuation of
trailer manufacturing at the site. Area is currently zoned as
Limited Residential (R-2). The Comprehensive Plan map calls
for the property to remain as Limited Residential (R-2). A
distance of 500 feet from Whltaker Rd. falls 40 feet west of
the residence fence line at 435 E. Chubbuck Rd.
Mayor Cotant declared the public hearing open.
Randall Kline, Attorney for K.G. Gibbs asked if the City has
measured to fix the exact location of where the zone boundary
is. Mr. Kline stated if any part of Mr. Gibb's land is in
Industrial Zone, this would allow an industrial use.
PWD Smart said the line between a residential and industrial
moves west from Whitaker Rd. one residential lot or a maximum
of 500~, the city has been measuring everything from the
center lines of street.
PWD Smart said the City has not researched which ordinance
would have established the line.
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PUBLIC HEARING - K.G. GIBBS - (cont.)
Mr. Kline stated the line should be determined, because people
are making economic decisions based on the zoning.
Considerable discussion about where the line might be.
Mr. Gibbs stated, when he purchased the property, he
understood the property was in an industrial zone, or he would
not have purchased.
Mr. Kline stated, he would like to see the change of zoning
request by Mr. Gibbs tabled, until he can meet with Attorney
Holmes and PWD Smart about a definite zoning line being
established.
Mayor Cotant asked if there is anyone present opposing the
proposal. There was no one opposing the proposal.
After discussion, Council decided to table the change of
zoning proposal until the, December 14, 1993 Council Meeting.
Mr. Gibbs was told he can operate his
business until a decision is made at
Council Meeting.
trailer manufacturing
the December 14, 1993
COUNCIL MEMBER VACANCY - Mayor Cotant
Landon resigned from the Council
from the city.
stated Councilman David A.
because of having to move
Councilman W. Dean Wood resigned his council seat, at this
time Mayor Cotant suggested appointing Councilman Wood to
former Councilman David A. Landon's council seat, which runs
through December 31, 1985. Councilman Leroy S. Quick and
Councilman Steven M. England voted in favor of the
appointment.
City Clerk Conlin administered the oath of office to newly
appointed Councilman W. Dean Wood.
Mayor Cotant presented the name of newly elected Council
member Marvin C. Gunter to be appointed to the vacant council
seat left by W. Dean Wood, when he accepted David A. Landon's
vacant council seat. All council members voted in favor of the
appointment of Marvin C. Gunter to Councilman W. Dean Wood's
vacant seat, which runs through, December 31, 1993.
City Clerk Conlin administered the oath of office to newly
appointed Councilman Marvin C. Gunter.
201
TYHEE ESTATES FIRST ADDITION FINAL PLAT - Tim Shurtliff, Shurtllff
Engineering was present to explain and answer any questions
related to the Tyhee Estates First Addition Final Plat.
Mayor Cotant questioned the road turning radius in the
subdivision, how close are the county's street specifications
to the City of Chubbuck specifications. Mr. Shurtliff stated
they used the same paving specifications as the city's, but,
used the county's cross section. Mayor Cotant stated, since
the subdivision is within a mile of the city, why don't the
city do the inspecting. Mr. Shurtliff was not sure.
Discussion about fire protection in the subdivision.
Councilman Wood moved to approve the Tyhee Estates First
Addition Final Plat as presented. Councilman England seconded.
All council members voted in favor of motion.
LANDSCAPING IN FRONT OF LIQUOR STORE - STEVE AND BARBARA STEELE
Mr. Shurtliff stated he has a plan to present for the
landscaping in front of the liquor store.
Mr. Shurtliff suggested presenting to staff in Staff Meeting,
Tuesday, November 16, 1993. Council approved the suggestion.
WAIVER OF PLATTING FOR SELF-STORAGE UNITS - Jolene Hutchinson, 815
E1 Rancho has applied for a Waiver of platting for self-
storage units, the area is currently zoned Industrial (I).
The Comprehensive Road Plan indicates that there is to be a
local street north off of Chubbuck Road which would eventually
intersect with Hiway Ave., as it crosses the railroad tracks.
Given the premises that the comprehensive plan requests that
a road be placed at this location, the trigger for platting,
by creation of a road would be activated.
Ms. Hutchinson would like to be able to begin site work to
place a foundation and construct the initial unit this
fall/winter. Staff has worked with the Hutchinsons to bring
the project to this point, however, it was Just recently that
the requirement for the road was discovered. PWD Smart stated
the staff did not make Ms. Hutchinson aware of the street
dedication requirement at that time.
Requirements state that a 50' easement be dedicated to the
city for the road, and that improvements be made. The road
will be required along the depth of the property, 659 feet.
Ms. Hutchinson stated she purchased the land under the
assumption she would not have to provide a 50' easement.
Ms. Hutchinson said she probably would not have purchased the
property if she had known she would have to provide a road.
20~
WAIVER OF PLATTING - (cont.) -
Ms. Hutchinson stated she would be willing to give an
easement, with the understanding she could use the easement
for RV Storage until the property behind her property
develops.
Councilman England stated, if the street easement is on the
east side, as a matter of courtesy we should talk to Dee
Howell. The concenus was the road should go next to the
railroad tracks.
Councilman England moved to deny the Waiver of Platting and
suggest the plat record a 50' road easement on west side of
Ms. Hutchinson~s property. Councilman Wood seconded. All
council members voted in favor of motion.
Ms. Hutchinson said she would like to know who is responsible
for the building of the road when it is required. Attorney
Holmes stated the council cannot decide at this time who will
be responsible for the building of the road. Hopefully,
whatever will go in to the north of Ms. Hutchinson's property,
there will be enough economic viability that the developer
will want to develop the road, but, that might not be the
case.
Kent Kearns, LU&D Commission Chairman stated the Land Use and
Development Commission will prefer the road be built to the
west of Ms. Hutchinson's property.
Mayor Cotant said as long as Ms. Hutchinson uses the property
for the use she wants now, (Store-units), she would not have
to build the road, if the use changes, Ms. Hutchinson will be
required to build the road.
Ms. Hutchinson stated she does not want to provide an
easement at no cost, she felt she should be able to sell the
land dedicated for an easement. Attorney Holmes stated Ms.
Hutchinson will be required to dedicate a 50r roadway.
PROCLAMATION - "BUDDY POPPY"
in full.
Mayor Cotant read the proclamation
Councilman Quick moved to direct Mayor Cotant to proclaim
November llth, 12th & 13th., 1993 as "Buddy Poppy Days".
Councilman Wood seconded. All council members voted in favor
of motion.
CITY
STREET FINANCE REPORT - City Clerk Conlin presented the 1992-
93 City Street Finance Report of dedicated funds to be
presented to the State Auditor as required by Idaho Code
Section 40-708.
205
CITY STREET FINANCE REPORT - (cont.)
Councilman Wood moved to approve the 1992-93 City Street
Finance Report as presented. Councilman England seconded. All
council members voted in favor of motion.
CLAIMS - Computer print-out claims were presented to Mayor Cotant
and Council.
Councilman Quick moved to approve computer print-out claims
as presented. Councilman Gunter seconded. All council members
voted in favor of motion.
At 9:20 p.m., Councilman Wood moved to go into executive session
meeting, to discuss personnel matters, as authorized by Idaho
Code 67-2345 (b). Councilman Quick seconded. 100% of council
members voted in favor of motion.
Sanitation employee Tom Myler asked to discuss with council
his reprimand from Supervisor.
No action or final decision was made.
At 10:00 p.m., Councilman England moved, Councilman Wood seconded,
with full council approval to adjourn meeting.
Ron C. Conlin, City Clerk