HomeMy WebLinkAbout09 23 1997 CM153
COUNCIL MEETING MINUTES
September 23, 1997
Minutes of regular meeting held at city municipal building,
September 23, 1997.
Present: Mayor John O. Cotant, Councilmembers Leroy S. Quick,
Steven M. England, W. Dean Wood, Marvin A. Gunter, Attorney
Thomas J. Holmes, Public works director Steven m. Smart and
City Clerk Ron C. Conlin.
Meeting was called to order at 7:30 p.m. by Mayor John O. Cotant.
PLEDGE ALLEGIANCE TO THE FLAG
APPROVAL OF MINUTES: Mayor Cotant asked for corrections or
additions to Regular Meeting of September 9, 1997.
Councilman Wood moved to approve Regular Meeting Minutes of
September 9, 1997 as read. Councilman Gunter seconded. All
council members present at meeting voted in favor of motion.
Councilman England moved to approve Special Meeting Minutes of
September 16, 1997 as read. Councilman Wood seconded. All
council members voted in favor of motion.
ORDINANCE - Amending Section 15.20.010 to delete the provision that
exempts a property owner from having any responsibility for
obt- aining a building moving permit; amending Section 15.20.010
to make the property owner responsible for assuring compliance
with City= Ordinance including those for production building
cluster arrangements; delete Section 15.20.110 which exempts
owner of a lot or park upon which a production building is
placed from any liability.
Mayor Cotant read ordinance by title only for the second
reading.
City Clerk Conlin stated he had sent letters with copy of
ordinance, inviting mobile home owners to this meeting.
Council decided to table the proposed ordinance until the
October 14, 1997 Council Meeting.
DISCUSSION ABOUT RAILROAD TIE YARD LOCATED ON EAST CHUBBUCK ROAD
ADJACENT TO THE UPRR TRACKS - KEITH ROBINSON -1113 BOOTH, POCATELLO
IDAHO -
� Keith Robinson, 1113 Booth, Pocatello, Idaho was present,
stating he purchased approx. four acres of property to the
east of the railroad tie ,yard in February of 1980. Mr.
Robinson distributed pictures to Mayor Cotant and Council.
155
DISCUSSION ABOUT RAILROAD TIE YARD ON E. CHUBBUCK ROAD - (cont.)
Mr. Robinson asked the City Council to enforce the City Zoning
�. Ordinances as it relates to this particular property. Mr.
Robinson stated the present use of the property as a salvage
yard has greatly diminished the value of his property which is
situated, adjacent to this property on the east side. Mr.
Robinson said he has tried to sell the property and cannot
because of the smell of the railroad ties and fire danger they
cause.
Mr. Robinson stated, he would prefer not to have to file a law
suit against the Parrish Family.
Attorney Holmes stated the City could require Parrish's to
stack and sort the railroad ties in a manner that would
minimize a fire danger. The problem is the area is zoned light
industrial.
Mr. Robinson stated he talked to Rodney Parrish, and could
get no response.
Attorney Holmes stated, he is not sure how the City of
Chubbuck would come out if a law suit were filed. Attorney
Holmes said, the area being zoned light industrial at this
time, could work against the City-.
Councilman Wood said he talked to Mr. Parrish, and was under
the impression Mr. Parrish was not intending to move in more
railroad ties at this location, but it will take time to
sell the ones there now. Councilman Wood stated, Mr. Parrish
sells a lot of merchandise from the East Chubbuck Road lot.
Mayor Cotant said there has been no support from Federal or
State Agencies.
Mayor Cotant received a letter from EPA in Boise stating they
are still working on the railroad tie problem, but has not
found a regulatory mechanism for EPA to pursue.
Councilman England suggested the Council talk to Rodney
Parrish to see what his future plans for the E. Chubbuck Road
property are.
ORDINANCE - VICTORIAN VILLAGE - Annexing certain lands to be
included within the boundaries and jurisdictional limits of
the City of Chubbuck.
Mayor Cotant read ordinance in full for the first reading.
Council tabled the ordinance until the October 14, 1997
Council Meeting.
157
MISTI MANOR 3RD ADDITION FINAL PLAT - Final Plat for 3rd. Addition
to Misti Manor Subdivision was presented to Council.
PWD Smart stated the park is Lot 6.
Councilman Gunter moved to accept the Misti Manor 3rd.
Addition Final Plat as presented. Councilman Quick seconded.
All council members voted in favor of motion.
VISTA PARK 1ST. ADDITION FINAL PLAT - Final Plat for 1st. Addition
to Vista Park Subdivision was presented to Council.
PWD Smart suggested the City work with Bob Elzner to get the
street and water line beyond Mr. Elzner's property to the
north to a reasonable stopping point at the bottom of the
hill. Mr. Elzner said he will work with the City.
Mr. Elzner stated, Mr. Scalf has a notarized dedication of
park for the area.
Councilman England moved to accept the Vista Park 1st.
Addition in Vista Park Subdivision as presented. Councilman
Quick seconded. All council members voted in favor of motion.
ADMINISTRATIVE FEES RELATED TO LOT 10 - RACHEL'S RAINBOW
SUBDIVISION - Mari Tuesh, Scott Construction was present to
appeal the 10% administrative charges the City charged for
their purchase of Lot 10 in Hiline Heights Subdivision.
Ms. Tuesh explained that when they planned to purchase the Lot
10, they did not take into consideration they would have to
pay the additional 10% for Administrative Charges which
amounts to $1,890.00.
PWD Smart stated the ordinance requires the City to collect
101 Administrative Fee.
Ms. Tuesh stated they did not have a problem with paying the
10% Administrative Fees on service connections, but they do
not agree this includes lot purchases.
PWD Smart said he will check into Frasure Construction's
charges that was passed on to Scott Construction. If there
are mistakes, City will reimburse Scott Construction for any
over charge.
Councilman England moved to reimburse the 10% Administrative
Fee on the purchase of Lot 10, Hiline Heights Subdivision
amounting to $1,890.00. Councilman Quick seconded. All council
members voted in favor of motion. Water /Sewer Connections
Administrative Fee will be paid by Scott Construction.
159
CLAIMS - Computer print -out claims presented to Mayor Cotant and
Council.
Councilman Gunter moved to approve computer print -out claims
as presented. Councilman Wood seconded. All council members
voted in favor of motion.
At 9:07 p.m, Councilman Gunter moved, Councilman Wood seconded,
with full council approval to adjourn meeting.
John O. Cotant, Mayor
Ron C. Conlin, City Clerk