HomeMy WebLinkAbout04 09 1985 CM39
COUNCIL MEETING MINUTES
April 9, 1985
Minutes of regular council meeting held in the city municipal building,
April 9, 1985.
Present: Mayor John 0. Cotant, Jr., Councilmembers Becky A. Hopkins, Leroy s.
Quick, Thomas S. Nield, Steven M. England, Attorney B. Lynn Winmill, Engineer
Steven M. Smart and City Clerk Ron C. Conlin.
Meeting called to order at 7:35 p.m. by Mayor Cotant.
INVOCATION was given by Bishop Dean Groesbeck, 48th Ward, Church of Jesus Christ
of Latter Day Saints.
APPROVAL OF MINUTES - Mayor Cotant asked for corrections and additions to the
minutes of March 26, 1984,
After discussion Councilman Quick moved to approve the minutes of March 26,
1985, with the following addition to Annexation Ordinance, S.K.S. Development:
"and Engineer Smart presents his recommendations on the annexation fee"
Councilman Nield seconded. All councilmembers present voted in favor of motion.
PUBLIC HEARING - Proposal by Kent J. Parrish, President of Land Investments, Inc.,
for a Land Use District change on land east of the Hiline Canal between Chubhuck
Road and I-86 Interstate in the Wz, NIS , Section 11, T6S, R34 E.B.M., Bannock
County, located on the southeast corner of Chubbuck and Hiline Road. Land east
of Buffalo Road to be zoned Limited Residential (R-1), land west of Buffalo Road
to be zoned General Residential (R-2). Property is presently zoned Agricultural
(A)•
Mayor Cotant declared the public hearing open.
Mayor Cotant asked if there was anyone present in opposition to the proposal.
Carol Johnson, 723 Bedford, stated the value of the residents homes in the area
is their main concern. Mrs. Johnson stated that predominate occupancy of the
neighborhood is important to the value of the home. Mrs. Johnson stated that
the view and the noise in the area will effect the marketability of the homes
in the area. Mrs. Johnson expressed concern about the General Residential (R-2)
zoning being moved up the hill to the east in the future.
Gloria Anderson, 743 Bedford, expressed concern duplexes and multi -family units being
built in the (R-2) zone.
Irene Diers, 703 Moran, expressed concern that there is not restrictions on the
subdivision.
Mayor Cotant asked who was in favor of the proposal.
Kent Parrish, President of Land Investments, Inc., 249 Parrish Drive, stated
he had been before the Land Use and Development Commission and they suggested
that the road be changed to come down through the canal to line with Rlue6ird
Drive,which they did. He stated the Land Use development Commission was concerned
with the canal easement. Mr. Parrish stated that the oriainal request, two or
three years ago was (R-2) and it was turned down at that time with the understanding
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PUBLIC HEARING - Kent Parrish, President of Land Investments - (Cont.)
that if Land Investments would have applied for (R-1) above Buffalo Road
that, the area below would be better served as (R-2). Mr. Parrish stated that
he felt that Land Investments, Inc. had complied with all the recommendations
and suggestions of the Land Use Development and Commission. Mr. Parrish stated
that every lot on the preliminary plat is large enough for (R-1) zoning.
Mayor Cotant declared the public hearing closed.
Mayor Cotant asked Mr. Parrish if there was any reason Land Investments, Inc.
would not have restrictive covenants for the subdivision. Mr. Parrish stated he
did not feel any reason to have restrictive covenants. He stated the City has
zoning, required setbacks, side yards and rear yards, etc.
Mayor Cotant asked Mr. Parrish if it would be possible to designate where a
duplex, multi -family home, etc. would be built at this time. niscussion about
having a certain percentage of duplexes, multi -family, etc. in a subdivision.
Councilwoman Hopkins stated that Land Investments, Inc. had made the changes
that the Land Use nevelopment Commission had suggested: 1) Canal Easement 2) Fencing
of canal. 3) Cash in liew of park. 4) Chanqed the entrance from Chubbuck Road to
Hiline Road.
Councilwoman Hopkins stated Land Investments, Inc. would have the individual lot
owner put the fence up. Councilman Nield stated he felt that the developer should
put the fence up for safety and uniformity reasons.
Attorney Winmill stated that any proposed use that is not specifically mentioned
in the ordinance shall be allowed only on the issuance of a conditional use permit
only.
Councilman Nield moved to approve the request of rezone from Agricultural (A)
to (R-1) of those properties on the plat that is before the council; for all of
Block 1, except for lots 27, 28, 29, Lots l through 23 of Block 2 and Lots 27, 28
of Block l will be designated as (R-2). The council expressed its interpertation
of the Land Use Ordinance as requiring a conditional use permit as a condition
to the issuace of a building permit for a duplex in an (R-1) zone; for a duplex
Pr n tvp of %ti-fami1v �(welling in anNi@fd2)y�pneEn5?�ncd;lyes Quick seconded,
of alT vote, dick, yes; opkins; yes,
MORATORIUM - Discussion about imposing a moratorium throughout the City of Chuhhuck
in any (R-1) or (R-2) designated area on the issuance of any conditional use permits
or building permits for the construction of duplex or multi -family dwellinq
where the construction of such a duplex or multi -family dwellinq would result
in more than 25 percent of the total useable area of a particular subdivision
being devoted to such duplexes or multi -family dwellings.
Councilman Quick moved to declare a moratorium throughout the City of Chubbuck
in any (R-1) or (R-2) designated area on the issuance of any conditional use permits
or building permits for the construction of duplex or multi -family dwellinq
where the construction of such a duplex or multi -family dwelling would result
in more than 25 percent of the total useable area of a particular subdivision
being devoted to such duplexes or multi -family dwellings. It is further expressed
I
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PUBLIC HEARING - Kent Parrish, President of Land Investments - (Cont.)
that the moratorium would only last for a period of 6 months, during which
time the Land Use Development & Commission is directed to study and prepare
a recommendation and if deemed appropriate an ordinance to impose a percentage
limitation on duplexes and multi -family dwellings in (R-1) and (R-2) dwellings
throughout the City. Councilwoman Hopkins seconded. All councilmembers voted
in favor of motion.
PRELIMINARY PLAT - City Council to review a preliminary plat for Hiline Heights
Subdivision, same description as Land Use District change.
"layor Cotant suggested that there should he discussion about relocating park,
exchanging property or requiring park in the subdivision in liew of money.
Considerable discussion about location of a park in Hiline Heights Subdivision.
Engineer Smart stated 8/10ths. of acre is required for park ground at Hiline
Heights Subdivision,
Councilman Quick made motion to table the preliminary plat until a final
determination is made on dedication of park land and a determination is made
on who will be responsible to install a fence along the canal bank. These
items will be on the April 23, 1985 Council Meeting. Councilwoman Hopkins seconded.
All councilmembers voted in favor of motion.
AL STAPP - SEEKING PERMISSION TO OBTAIN A BUILDING PERMIT PRIOR TO COMPLETION OF
SUBDIVISION PLAT - Engineer Smart stated Mr. Stapp has bought Don's Chubbuck Tire
property and has contracted with a contractor to build a building on this property.
Mr. Al Stapp is requesting a building permit prior to completion of platting.
Councilman England made motion to authorize issuance of a building permit subject
to application and acquisition of approval of the preliminary plat before a
Certificate of Occupancy is issued. Councilman Nield seconded. poll Call Vote:
Hopkins, no; Quick, no; Nield, yes; England, yes; Cotant, yes.
BUSINESS LICENSE - Kim Williams, 755 Canal Road, appied for business license to
sell fertilizer at the corner of Yellowstone Ave. R, Chubbuck Road. (Southwest
corner).
Councilman England moved to approve a business license to sell fertilizer at
the southwest corner of Yellowstone Ave. °, Chubbuck Road to Kim Williams, 755
Canal. Councilman Nield seconded. All councilmembers voted in favor of motion.
FINANCIAL STATEMENT for month of March, 1985 presented to Mayor Cotant and Council.
ORDINANCE VIOLATION - Dwain Kinghorn was present and reported the area behind his
house on Charley Frasure's property, has not been cleared,and is worse than it
-- was before Dwain had left last year. Dwain stated that he had a promise last
year that the area would be cleaned up and an enclosure made to hide the junked
cars. Dwain stated nothing has been done, if anything, it was a larger mess.
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ORDINANCE VIOLATION - Dwain Kinghorn. (Cont.)
After discussion it was decided that Attorney Winmill and Officer Ray Sandusky
would meet and take necessary steps to get the area cleaned up.
GENERAL DISCUSSION
1) Kermit Morrison stated he was representing the Chubbuck Merchant Assn. tonight.
He stated the Merchants would like to run a promotion in conjunction with
Chubbuck Days. Kermit said the Merchant Assn. would like to have a parade in
conjunction with Chubbuck Day Parade for children. Chubbuck Days is the
first weekend in August.
2) Kermit Morrison gave a report on how the Little League Program is progressing:
The first games are May 13. Tryouts are the 22 and 23rd. of April. The
Northwest Regional Tournaments will be in Chubbuck again this year.
Registrations are the week of the 8th through the 12th of April.
3) Mobile Home Sales Site Agreement, 4674 Yellowstone Ave - Attorney Winmill
passed to Mayor Cotant and Council a copy of an aqreement that had been
prepared. Attorney Winmill stated that Mr. Green and Mr, Kress were not able
to attend the meeting tonight. It was decided address on the April 23, 1935
Council Meeting.
CLAIMS - Computer print-out and handcheck claims have been presented to Mayor
Cotant and Council.
After discussion Councilman Quick moved to approve computer print-out and
handcheck claims as presented. Councilwoman Hopkins seconded. All councilmembers
voted in favor of motion.
At 11:46 p.m., Councilman England moved, Councilwoman Hopkins seconded, with full
council approval to adjourn the meeting.
ohn 0. otant, Playor
Ron C. Conlin, City Clerk