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Home My WebLink About07 12 1994 CMCOUNCIL MEETING MINUTES July 12, 1994 Minutes of regular meeting held at city municipal building, July 12, 1994. 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 7:30 p.m. by Mayor Cotant. APPROVAL OF MINUTES Mayor Cotant asked for corrections or additions to regular meeting minutes of June 28, 1994. Councilman Quick moved to approve regular meeting minutes of June 28, 1994 as read. Councilman England seconded. All council members voted in favor of motion. PUBLIC HEARING - A proposal by Richard D. Nelson, 13032 Moonglow Rd. for a change in Land Use District to General Residential, (R-3) for 17 lots. Property is located as an extension of Lucky St., N 1/2. N 1/2, E 1/2, SW 1/4, NW 1/4, Section 3~ Township 6 South, Range 34, E.B.M. Property is presently zoned (R-2), Limited Residential. Mayor Cotant declared the public hearing open. Richard Nelson stated, he has no interest in offending all of the people that signed the petition against the zone change, so he will with draw the zone change proposal. Mayor Cotant declared the public hearing closed. PUBLIC HEARING - An application by Richard D. Nelson, 13032 Moonglow Rd. for review of a preliminary plat, of Nelson Subdivision, a subdivision located north of Lucky Street. Mayor Cotant declared the public hearing open. Richard Nelson explained he added a cul-de-sack to the preliminary plat. Mayor Cotant declared the public hearing closed. Councilman Wood moved to accept the Nelson Subdivision Preliminary Plat with the provisions that cash in lieu of park land dedication is collected, that Lisa St. dead end as a cul-de-sc street, that the 17 lots are developed with the 10 percent density ratio.Councilman Gunter seconded. All council members voted in favor of motion. 151 PUBLIC HEARING - An application by American Heritage Builders, P.O, Box 2684, Pocateilo, for a review of a preliminary plat of Cottage Grove 1st. Addition. A subdivision located at the north end of Stuart Ave. Mayor Cotant declared the public hearing open. Tim Shurtliff, Shurtiiff Engineering gave a report on the preliminary plat. Discussion about Mindy Rd. going north/south and west. The portion of Mindy that goes west should be renamed. Councilman Quick stated American Heritage is willing to deed the property that abuts the canal to the City, this could help if the canal is ever covered or crossed. Considerable discussion about maintaining the property if deeded to the City. Discussion about changing street name of portion of Stuart Ave. going north-south. Mayor Cotant declared the public hearing closed. Councilman England moved to accept the Cottage Grove, Addition Preliminary Plat with the provisions that the developer install a 6' chain link fence along the east side of the canal, that cash in lieu of park land dedication is collected, that the west portion of Mindy St. be re-named, that the north/south road will potentially be connected to Siphon, that the development is constructed in accordance with the 10 percent density ratio. PUBLIC HEARING An application by Jim & Renae Worthen, 73~ E. Chubbuck Rd. for a review of a preliminary plat of Renae Subdivision located north of 242 and 244 E. Chubbuck Rd. Property is presently zoned industrial (I). Mayor Cotant declared the public hearing open. Tim Shurtliff gave a report on the Renae Subdivision Preliminary Plat. PWD Smart suggested Mr. Worthen divide the subdivision into 3 lots. Mr. Worthen asked if there is a way to leave a reserve strip, which would enable him to collect 5~% of cost of street when installed. PWD Smart stated there is a section in the code that provides, the City can enter into agreement with the developer to help him recoup some of the costs. 153 PUBLIC HEARING - RENAE SUBDIVISION -(cont.) Councilman Gunter suggested potential future owners be notified of the agreement. Mayor Cotant declared the public hearing closed. Councilman Wood moved to accept the Renae Subdivision Preliminary Plat with provision that they name the street, Clover Dell Street, that it be developed with three lots in three phases, and City will enter into agreement with developer to help him recoup some costs of installation of street. Councilman England seconded. All council members voted in favor of motion. PUBLIC HEARING - An application by Todd Gilbert & Darris Ellis, 5914 Moses for a review of a preliminary plat of Mountain Park Estates located, in Block 9, Lot 17 and Block 5 of Mountain Park Subdivision, between Hlllne and Mountain Park Roads. Mayor Cotant declared the public hearing open. PWD Smart stated Mountain Park Road goes north/south and east/west. The east/west section of Mountain Park Rd. needs to be re-named. The developer can pick the name. The developer intends to subdivide the two large lots on the previous plat. Mayor Cotant declared the public hearing closed. Councilman Gunter moved to accept the Mountain Park Estates Preliminary Plat, dividing two lots, with the provisions that the road is developed all the way to Hiline, the canal bank is cut back, that the east/west section of Mountain Park be renamed, that cash in lieu of park land dedication is collected and that it is developed in sccordance with the percent density ration. Councilman England seconded. Ail council members voted in favor of motion. PUBLIC HEARING ORDINANCE A proposal by the City of Chubbuck amending Section 18.12.020 (d), to provide that bay windows may extend into the front yard setback up to two feet. Attorney Holmes read ordinance in full for the first reading. Mayor Cotant declared the public hearing open, there being no comment, Mayor Cotant declared the public hearing closed. Council tabled the ordinance until the July 26, 1994 Council Meeting. 155 PUBLIC HEARING - ORDINANCE - A proposal by the City of Chubbuck amending Section i8.2~.030 to decrease the minimum area required for a Planned Unit Development; adding Section 18.20.075 to define how density is calculated in PUD. Mayor Cotant read ordinance by title only for the first reading. Mayor Cotant declared the public hearing open, there being no comment, Mayor Cotant closed the public hearing. Council table the ordinance until the July 26, 1994 Council Meeting. WHITAKER FARMS ASSOCIATION FINAL PLAT - An application by ~nitaker Farms Association, 280 s. Arthur for approval of the Final Development Plan for Whitaker Final Plat. PWD Smart stated all items required by Whltaker Farms A~sn. have been presented. Councilman England moved to approve the Final Development Plans for Whitaker Farms Planned Unit Development as presented. Councilman Wood seconded. All council members voted in favor of motion. BUSINESS LICENSE APPLICATION - Richard Sadler, Oxbow Apartment #268, Chubbuck, has applied for a business license to sell educational and religious books door to door. Police Department did not have a problem with the application. Mr. Sadler explained his plans. Councilman England moved to grant a business license to Richard Sadler to sell educational and religious books door to door in the City. Councilman Gunter seconded. All council members voted in favor of motion. ORDINANCE - Amending Section 9.20.010 of the Animal Control Ordinance to eliminate duplication, and 9.20.030 and 9.20.031 to provide strict liability for an animal owner who allows an animal to run at large. Attorney Holmes read ordinance in full for the second reading. After discussion, Council decided to table the ordinance until the July 26, 1994 Council Meeting. 157 ORDINANCE - Enacting a new Section 9.08.210, prohibiting the exhibition or drawing or pointing of a replica of a firearm in a threatening manner. Mayor Cotant read ordinance in full for the first reading. After discussion, Council tabled the ordinance until the July 26, 1994. Council Meeting. ORDINANCE #317 - Amending Section 12.~4.070 (m) to require repair work on city right of ways to be free of settlement for three years. Councilman England read Ordinance #317 in full for first reading. Councilman Quick moved to dispense with rule of reading Ordinance #417 on three separate days. Councilman Wood seconded. Roll Call Vote: Quick, yes; England, yes; Wood, yes; Cunter, yes. Councilman Quick moved to adopt Ordinance #417 as read. Councilman England seconded. Roll Call Vote: Quick, yes; England, yes; Wood, yes; Gunter, yes. SEWER HOOK-UP REQUIREMENT PWD Smart stated, in 1993 he sent letters to residents not connected to City Sewer System advising them they are required to connect to City Sewer by September, 1993. Reveral residents around the City have not responded. PWD Smart stated the City can force the resident to connect, if not the City can install, then bill the resident. Council tabled the agenda item until the July 26, 1994 Council Meeting. CLAIMS - Computer print-out claims presented to Mayor Cotant and Cottncll. Councilman Quick moved to approve computer print-out claims as presented. Councilman Wood seconded. All council members voted in favor of motion. 159 GENERAL DISCUSSION 1. Mayor Cotant stated he talked to Bannock County Commissioners about b~lilding permits within the one mile impact area. Bannock County prefers to do their own inspecting at this time. 2. Cities-County Meeting, July 19, 1994 at Noon, City of Pocatello Council Chambers. At 9:07 p.m., Councilman Wood moved, Councilman England seconded, with full council approval to adjourn meeting. Ron C. Conlin, City Clerk