HomeMy WebLinkAbout05 11 1999 CM71
COUNCIL MEETING MINUTES
May 11`h., 1999
Minutes of a regular meeting held at the Chubbuck Fire Station, May I Ph., 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 was called to order at 7:35 p.m. by Mayor Cotant.
PLEDGE ALLEGIANCE TO THE FLAG
APPROVAL OF MINUTES - Mayor Cotant asked for corrections or additions to the Regular
Meeting Minutes of April 27`h., 1999.
Councilman Kearns moved to approve Regular Meeting Minutes of, April 27`h., 1999 as
read. Councilman Quick seconded. All council members voted in favor of motion.
PUBLIC HEARING - An application by Jim Benefield, 1445 East 140 South Pleasant Grove,
Utah for a preliminary plat for the Benefield Subdivision. A subdivision located at 5105
Hawthorne Road.
Mayor Cotant declared the public hearing open, asking for comments from public, there
being no comments, Mayor Cotant declared the public hearing closed.
Project Engineer Sean Harris was present to answer any questions on the preliminary
plat.
Councilman Kearns moved to accept the recommendations of the Land Use and
Development Commission and approve the Benefield Subdivision Final Plat as
presented. Councilman England seconded. All council members voted in favor of motion.
PUBLIC HEARING - An application by High Desert Homes, 1754 Cottage Ave. for a
preliminary plat for the Garden Park Subdivision. A subdivision located at the south end
of Rose Street.
Mayor Cotant declared the public hearing open, asking for comments from public.
Kent Pape, 1754 Cottage stated his plans are to build 33 homes in the proposed
subdivision.
Dawna Rasmussen, 5047 Rose expressed concern about traffic on Rose Street.
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COUNCIL MEETING MINUTES - (cont.)
May 11`''., 1999
PUBLIC HEARING - (cont.)
Mayor Cotant declared the public hearing closed.
Councilman England moved to accept the Land Use & Development Commission's
recommendations to approve the Garden Park Subdivision Preliminary Plat subject to the
following conditions; 1) Development of Rose Street be the full width with no curb and
gutter until further development. 2) Development Agreement be entered into, between the
City of Chubbuck and Garden Park Subdivision Developer. 3) Stipulations will apply to
each phase of development. Councilman Gunter seconded. All council members voted in
favor of motion.
PUBLIC HEARING - An application by Briarwood Properties, 100 Turrin Court, Danville, CA
94526 for a re -plat of Briarwood Estates II, Blocks 5 & 6. A subdivision located between
Holly Street and Alamo Street.
Mayor Cotant declared the public hearing open.
Dan Long, Snake River Survey explained the re -plat will nullify the previous plat. All but
one lot will have an additional 10'. The only lot not effected is Lot 7A in Block 5A.
There will be no new street dedication.
John Van Houten, 412 Briarwood stated he is concerned about the restrictive covenants
changing so often. Mr. Van Houten requested the following Restrictive Covenants
Instrument Numbers be noted on the re -plat. The Instrument Numbers are 93017583
Restrictive Covenants, 94010512 amendment to Restrictive Covenants and 95006420
amendment to amendment to Restrictive Covenants. Dan Long stated he will add the
Restrictive Covenants Instrument Numbers to the re -plat.
Mayor Cotant declared the public hearing closed.
Councilman Quick moved to accept the Land Use & Development Commission's
recommendations, and approve the re -plat of Briarwood Estates II Subdivision, Blocks 5
& 6, subject to the addition of Restrictive Covenants Instrument Numbers 93017583,
94010512 and 95006420 to the re -plat. Councilman Gunter seconded. All council
members voted in favor of motion.
PUBLIC HEARING - ORDINANCE - Amending Chapter 18.040.050 (P); "Production
Building" to provide no production building produced prior to June 15, 1976 may be
moved in the City after May 1, 1999 unless such production building has been issued a
certificate of compliance in accordance with Title 44, Chapter 25, Idaho Code;
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COUNCIL MEETING MINUTES - (cont.)
May 110., 1999
PUBLIC HEARING - ORDINANCE - (cont.)
Mayor Cotant declared the public hearing open.
Councilman England read ordinance by title only for the first reading.
Jeri Barnad, 210 Circle Inn asked for a definition of "Production Home ". Attorney
Holmes gave definition of a "Production Building ".
Mayor Cotant declared the public hearing closed.
After discussion, Council decided to table ordinance until the May 25th., 1999 Council
Meeting.
BUSINESS LICENSE APPLICATION - Nolan Briscoe, 5178 Stuart Ave. has applied to sell
shaved ice drinks at 4837 Yellowstone Ave., (Smith's Food King Parking Lot).
Police Department made necessary checks, recommending approval of business license.
Councilman Quick moved to grant a business license to Nolan Briscoe, 5178 Stuart Ave.,
Briscoe's Sno Shack to sell shaved ice at 4837 Yellowstone Ave., (Smith's Food King
Parking Lot). Councilman England seconded. All council members voted in favor of
motion.
APPEAL - OF LAND USE AND DEVELOPMENT COMMISSION DECISION TO APPROVE
A CONDITIONAL USE PERMIT TO JIM THILMONT AND BRAD FRASURE TO BUILD A
RV CAMPGROUND AT, 4520 KINGS WAY - LISA AND LEE HITCHCOCK, 157 EVANS
LANE - Councilman Kearns stated, he is related to Charlie Frasure, while it would be legal to
vote, he would prefer to vote present on the appeal.
Council reviewed the site plan as presented at the Land Use & Development Commission
Meeting.
Jerry Barnad, 210 Circle Inn addressed the following concerns that were discussed at
Land Use & Development Commissioner Meeting:
1. Traffic concerns on Yellowstone Ave.
2. Discussion about increased traffic on Kings Way, Evans Lane and Yellowstone
Ave.
3. Property is zoned commercial.
COUNCIL MEETING MINUTES - (cont.)
May I Ith., 1999
APPEAL - (cont.)
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4. Discussion about overnight camping rates, Jerry said the rate will be $20.00 per
night.
Margaret Waldram, 147 Evans Lane stated they built their house in 1976, the area was
residential at that time. Mrs. Waldram said a petition was presented to the City stating all
residents in the area are opposed to the RV Campground at 4520 Yellowstone Ave. Mrs.
Waldram said the neighbors in the area do not. want this in their backyards. Mrs.
Waldram said a 6' fence will not help buffer the RV Campground. Mrs. Waldram said,
something like this could be a detriment to future businesses coming into the City. Mrs.
Waldram said, by approving this RV Campground it would lower all the residents value
of their home. Mrs. Waldram said the no longer than 30 day stay in the campground is
not acceptable, concern about vagrants, etc. Mrs. Waldram stated she is concerned about
lighting, will they have bright lights shining on their property.
Jerry Hitchcock and Mae Hitchcock, 152 Evans Lane expressed concern about losing the
irrigation canal water they currently have.
Discussion about traffic coming from Kings Way to Evans Lane. Complaints about
vehicles not stopping while coming onto Evans Lane. Public Works Director Steve Smart
stated the traffic concerns should be addressed at point in time when there is a problem.
It was stated the State regulates Yellowstone Ave. traffic. City Officials are concerned
about traffic safety on Kings Way and Evans Lane, but PWD Smart stated, City should
address at point of time when RV Campground goes in, if it goes in.
Councilman England moved to deny the appeal presented by Lee & Lisa Hitchcock, 157
Evans Lane and approve the conditional use permit granted to Jim Thilmont and Charlie
Frasure by the Land Use and Development Commission to build a RV Campground at
4520 Kings Way, subject to; 1) Circulation and parking pads be paved. 2) Tent area to be
moved to the corner of the cul de sak. 3) Must meet all city requirements on sanitation
pick up, including covered enclosure, also the containers cannot be located on the north
side of property. 4) Designated playground area is to be in the tent area depicted in the
site plan that is adjacent to the central office. 5) Curfew hours from 11:00 p.m. to 6:00
a.m., everyday. 6) Maximum 30 day stay per tenant. 7) 8' Solid block fence to be
installed on north side of property, chain link fence to be installed on east side of
property. 8) Manager's home to be put on a permanent foundation with, Class II, or better
home. 9) Distribution of irrigation water must be provided for current users. 10) Local
lighting only, lighting cannot be a nuisance to property owners to the north. 11)
Landscaping to meet all City Code requirements. Councilman Gunter seconded. Roll Call
Vote: Quick, yes; England, yes; Gunter, yes; Kearns, present.
.y. 79
COUNCIL MEETING MINUTES - (cont.)
May 116., 1999
PROPOSED HILINE CANAL PIPING PROJECT - PWD Smart presented to Mayor Cotant and
Council estimated costs on piping the Hiline Canal, south of E. Chubbuck Road. Cost of
purchase of 84" pipe is estimated at $370,000.. PWD Smart said Fort Hall Irrigation has
shown an interest in installing, or help to install the pipe. The costs for installation will be
in addition to the $370,000.
Discussion about possible ways to fund the project; 1) Local Improvement District. 2)
Some sort of Storm Water Drainage District. 3) Possible use of Urban Renewal Funds.
After considerable discussion, Council. decided to review, get more information on how
Fort Hall Irrigation will participate, study and talk to residents above the canal.
PROPOSED LOCAL IMPROVEMENT DISTRICT #99 -1 - PWD Smart stated he obtained cost
estimates for sewer line construction that would apply to the preliminary estimate of
construction cost for LID #2. PWD Smart stated it is necessary to add sewer construction
cost to the (Ratliff/Crookston) portion north of E. Chubbuck Road. Sewer construction
cost is estimated at $38.18/LF. Added to the estimate for the remaining work, supplied by
JUB Engineers, of $75.49/LF gives a total of #113.57/LF.
The bond attorney has prepared a resolution which needs only the cost estimate and
district boundary description added. The description cannot be added until a decision is
made as to what section of roadway should be. included.
Nick Crookston, 246 E. Chubbuck Road expressed concern about having the funds to
complete his necessary street improvements at this time.
Mr. Crookston explained his position to Mayor Cotant and Council, then asked questions
about how a local improvement district would work.
Discussion about Mr. Crookston being able to keep his rights to Fort Hall Irrigation
Water. Mr. Crookston was told, Gary Ratliff is required to provide the irrigation water
Mr. Crookston currently gets.
After considerable discussion, Mr. Crookston told the Council he is not in favor of a local
improvement district, stating he will talk to Gary Ratliff, to see if Gary Ratliff and him
can work on getting the street improvements installed without the requirement of a local
improvement district. Mr. Crookston stated he will contact Gary Ratliff before the week
is over. Mr. Crookston stated he will keep City Officials informed on progress of street
improvements.
RECONSTRUCTION OF WEST CHUBBUCK ROAD PROJECT - Council decided to table
this item on the agenda until next Council Meeting, May 25`"., 1999.
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COUNCIL MEETING MINUTES - (cont.)
May 11 1'., 1999
VALENTY ROAD MOBILE HOME COURT CONDITIONAL USE PERMIT REVIEW -
BECKY PARRISH - Becky Parrish nor, Craig Parrish was in attendance at the meeting, so
Council decided to table the Conditional Use Permit Review until next Council Meeting,
May 25"'., 1999.
CLAIMS - Computer print -out claims presented to Mayor Cotant and Council.
Councilman Gunter moved to approve computer print -out claims as read. Councilman
Quick seconded. All council members voted in favor of motion.
At 10:17 p.m., Councilman England moved, Councilman Quick seconded, with full council
approval to adjourn meeting.
John O. Cotant, Mayor
Ron C. Conlin, City Clerk