HomeMy WebLinkAbout03 24 1992 CM75
COUNCIL MEETING MINUTES
March 24, 1992
Minutes of regular meeting held in the city municipal building,
March 24, 1992.
Present: Mayor John O, Cotant, Council members Leroy S. Quick,
Steven M. England, David A. Landon, W. Dean Wood, Attorney
Thomas J. Holmes, Public Works Director Steven M. Smart and
City Clerk Ron C. Conlin.
Meeting was called to order at 7:33 p,m. by Mayor Cotant.
APPROVAL OF MINUTES - Mayor Cotant asked for corrections or
additions to Special Meeting Minutes of March 10, 1992.
Councilman Wood moved to approve Special Meeting minutes of
March 10, 1992 as read. Councilman England seconded. All
council members voted in favor of motion.
Councilman Quick moved to approve regular meeting minutes of
March 10, 1992 as read. Councilman Wood seconded. Alt council
members voted in favor of motion.
PUBLIC HEARING - A proposal by American Heritage, Inc., Box 2684,
Pocatello, Idaho for a change in Land Use District, upon
requested annexation to (R-l) Single Family Residential, for
property located on the north end of Freedom and Independence
Streets. (SW 1/4 of Section 4, T.6.S.).
Mayor Cotant declared the public hearing open.
Mayor Cotant asked for comments for, or against the proposal.
The was no comment for, or against the change in Land Use
District, upon requested annexation.
Mayor Cotant closed the public hearing.
Councilman Landon moved to approve the change in Land Use
District, upon requested annexation to (R-l) Single Family
Residential. Councilman Quick seconded. All council members
voted in favor of motion. After further discussion, Councilman
Wood abstained from voting, because of a possible conflict of
interest. Councilman Landon moved to approve the change in
Land Use District, upon requested annexation to (R-l) Single
Family Residential. Councilman Quick seconded. Roll Call Vote:
Quick, yes; England, yes; Landon, yes; Wood, abstain.
PUBLIC HEARING - An application by American Heritage, Inc.,
Pocatello, Idaho, for review of preliminary plat of Heritage
West ~3, a subdivision located on a tract of land at the north
e~d ~f Freedom and Tnd~n~nd~nc~
77
PUBLIC HEARING - REVIEW OF PRELIMINARY PLAT (cont.)
Mayor Cotant declared the public hearing open and asked for
comments for, or against the proposal.
There being no comment, Mayor Cotant declared the public
hearing closed.
Ordinance requires gang mail boxes in new subdivisions.
American Heritage No. 3 has agreed to put gang mail boxes on
the final plat.
Councilman Landon moved to approve the preliminary plat
American Heritage, Inc. presented for Heritage West No. 3
Subdivision, subject to: 1. American Heritage, Inc. build
street to new pavement standards. 2. A cash in lieu of park
dedication be paid in the amount of $1,115.18. 3. Gang mail
boxes be recorded on final plat. Councilman England seconded.
All council members voted in favor of motion, After further
discussion, Councilman Wood abstained from voting on the
proposal, because of possible conflict of interest. Councilman
Landon to approve the preliminary plat American Heritage, Inc.
presented for Heritage West No. 3 Subdivision, subject to: 1.
American Heritage, Inc. build street to new pavement
standards. 2. A cash in lieu of park dedication be paid in the
amount of $1,115.18. 3. Gan9 Mail boxes be recorded on final
plat. Councilman England seconded. Roll Call Vote: Quick, yes;
England, yes; Landon, yes; Wood, abstain.
PUBLIC HEARING - A proposal by Roy d. Lacey, 12411 No. Corey Lane
for a change in Land Use District, upon requested annexation
to (R-l), Single Family Residential, and Limited Residential
(R-2), & subdivision located on the west side of Hawthorne Rd.
(5500 Block).
Mayor Cotant declared the public hearing open.
Ray England, 11953 Hawthorne Rd. stated the Espie Subdivision
is not in the City yet, but the City Engineer is supervising
the sewer, grading of the streets prior to approval of the
subdivision. Mr. England expressed concern about procedures
around approval of the subdivision. Mr. England said he felt
like the approval of the Espie Subdivision is a scam, being
pushed through, without a lot of consideration given to the
residents in the area.
Dan Wagner, 5359 Hawthorne Rd. expressed concern about the
City not giving residents within the 300' area, 15 days notice
after the Land Use & Development Commission Meeting decision.
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PUBLIC HEARING - ZONING CHANGE
ESPIE SUBDIVISION -
Attorney Holmes stated the reason these public hearing were
started over, was because the original public hearing notice
was not published in the newspaper as required.
Attorney Holmes stated the City of Chubbuck publishes a joint
notice in the newspaper. This gives notice of the Land Use
Meeting and notice of the City Council Meeting in one notice.
Mayor Cotant declared the public hearing closed.
Councilman England moved to approve a change in Land Use
District for Espie Subdivision, upon requested annexation to
(R-l) Single Family Residential, with Block 1, Lot 1, and
Block 2, Lot 1 changed to Limited Residential (R-2), subject
to 1) Cash in lieu of Park Dedication Fee of $181.76 per lot.
2) Requirement of 1100 sq. ft. single level home with 900 sq.
ft. minimum total, 3) Net wire fence required on all sides,
not fenced at this time, Councilman Landor seconded. Roll
Call Vote: Quick, yes; England, yes; Landor, yes; Wood,
Abstained because of possible conflict of interest.
PUBLIC HEARING - A proposal by Roy d. Lacey, 12411 No. Corey Lane
for a review of a preliminary plat for Espie Subdivision, a
subdivision located on a tract o¢ land on the west side of
Hawthorne Rd. (5500 block), (South 1/2 o¢ the NE quarter of
Section 4, Township 6 South, Range 34 East, B.M.
Mayor Cotant declared the public hearing open, and asked for
comments, for or against the proposal.
Ray England, 11953 N. Hawthorne Rd. requested Councilman Wood
withdraw Crom voting. Mr. England stated Mr. Wood is a
realtor, therefore Mr. Wood might have an opportunity to sell
houses constructed in the Espie Subdivision.
Maggie England, 11953 N. Hawthorne Rd. thanked Mr. Lacey for
the changes he made from the original preliminary plat. Mrs.
England stated the subdivision will be better, because of the
changes. Mrs. England expressed concern that just a few of the
public were allowed to speak at the original hearing,
Mr. Lacey stated the park will be platted on the south west
corner, rather than the location on original plat,
Councilman Landon stated he felt the public hearings regarding
the Espie Subdivision, were handled well by Mayor Cotant and
Attorney Holmes. After testimony received, this was a Council
decision.
PUBLIC HEARING - PRELIMINARY PLAT
81
ESPIE SUBDIVISION - (cont.)
Councilman Quick stated, in the original public hearings on
Espie Subdivision he had concerns about one road access, if
6" water line is adequate and is sewer line adequate.
Councilman Quick said we received a report back from the
professionals, the concerns were satisfied. Councilman Quick
stated he had concern Mr. Lacey started work on the Espie
Subdivision prior to the approvals. Mr. Lacey was informed by
the City prior to him starting the subdivision, that there is
a risk if he starts construction.
Mayor Cotant said it is not the Mayor or Chubbuck City
Council's intention to limit public input on any item. If
there is a controversial matter, we might limit the public to
a time limit per person, that's because the public might say
the same thin9 over and over again. Mayor Cotant statec he
felt everyone was given an opportunity to speak.
Councilman Landon moved to approve the Espie Subdivision
Preliminary Plat subject to; 1) Eliminate the 10' walk way
between Lot 6 and 7. 2) Sewer stub run through Lot 9, instead
of Lot 8. 3) Cash in lieu of Park Dedication Fee of $181.76
per lot. Councilman Quick seconded. Roll Call Vote: Quick,
yes; England, yes; Landon, yes; Wood, Abstain because of
possible conflict of interest.
FINAL PLAT APPROVAL - HERITAGE WEST NO. 3 SUBDIVISION - A
subdivision located on a tract of land at the north end of
Freedom and Independence Streets.
Councilman Quick moved to approve the Final Plat for Heritage
West No, 3 Subdivision subject to, 1) Gang mail boxes recorded
on Plat. 2) Cash in lieu of Park Dedication Fee of $181.76 per
lot. Councilman Landon seconded. Roll Call Vote: Quick, yes;
England, yes; Landon, yes; Wood, abstained because of possible
conflict of interest.
FINDINGS OF FACT~ CONCLUSIONS OF LAW AND DECISION - HERITAGE WEST
NO. 3 SUBDIVISION - Council decided to table the Findings of
Fact, Conclusions of Law and Decision until the April 14, 1992
Council Meeting.
ORDINANCE ~369 - ANNEXATION OF HERITAGE WEST NO. 3 SUBDIVISION -
An ordinance annexing certain lands to be included within
the boundaries and jurisdictional limits of the City of
Chubbuck.
Mayor Cotant read Ordinance ~369 in full.
83
ORDINANCE ~369 - (cont.)
Councilman Quick moved to dispense with the rule of reading
Ordinance ~369 on three separate days. Councilman England
seconded. Poll Call Vote: Quick, yes; England, yes; Landon,
yes; Wood, abstained.
Councilman Quick moved to adopt Ordinance ¢369 as read.
Councilman Landon seconded. Roll Call Vote: Quick, yes;
England, yes; Landon, yes; Wood, abstain,
FINAL PLAT FOR ESPIE SUBDIVISION - Roy J, Lacey, final plat
approval for Espie Subdivision, a subdivision located on a
tract of land on the west side of Hawthorne Rd. (5500 Block
Discussion about gang mail box requirement.
Kent Kearns, Chairman of Land Use and Development Commission
stated there are three points of concern, 1. Problem with
repair of Hawthorne Rd. and James Ave. Pedestrian bridge. 2.
Problem of Hawthorne and Siphon Rd. intersection. 3. Width of
Hawthorne Rd.
PWD Smart will get with Bannock County and Fort Hall
Irrigation to see if there can be a joint effort on the
Hawthorne Ave. and Siphon Rd. intersection.
PWD Smart stated the City crew will start work on the
Hawthorne and James Street pedestrian bridge in approx, three
weeks.
Discussion about extending the walkway on Hawthorne Rd. to
Espie Subdivision.
Mr. Kearns suggested Mr. Lacey contact Lemons and Chandlers
about exact location of stub outs, so it does not adversely
effect them. Mr. Lacey stated this has been discussed,
Councilman Quick moved to approve the Final Plat for Espie
Subdivision subject to 1) The Restrictive Covenants be noted
on the Final Plat. 2) Cash in lieu of Park Dedication Fee of
$181.76 per lot. 3) Gang mail boxes to be recorded on Final
Plat. Councilman England seconded. Roll Call Vote: Quick, yes;
England, yes; Landon, yes; Wood, abstained.
FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - ESPIE
SUBDIVISION Council decided to table the Finding of Fact,
Conclusions of Law and Decision until the April 14, 1992
Council Meeting.
ORDINANCE ~370 - ANNEXATION OF ESPIE SUBDIVISION - An
annexing certain lands to be included within the
and jurisdictional limits of the City of Chubbuck.
85
ordinance
boundaries
Mayor Cotant read Ordinance ~370 in full.
Councilman England moved to dispense with the rule of reading
Ordinance #370 on three separate days. Councilman Landor
seconded. Roll Call Vote: Quick, yes; England, yes; Landor,
yes; Wood, abstained.
Councilman Landor moved to adopt Ordinance ¢370 as read.
Councilman Quick seconded. Roll Call Vote: Quick, yes;
England, yes; Landon, yes; Wood, abstained.
REVIEW OF PRELIMINARY PLAT TYHEE ESTATES - After discussion,
Council decided to table the Review of the Preliminary Plat
of Tyhee Estates until results of soil testing can be
presented to the Council from the Health Department.
PROPOSED CHUBBUCK DEVELOPMENT PLAN - TAX-INCREMENT FINANCING FOR
INFRASTRUCTURE IMPROVEMENTS FOR POSSIBLE RETAIL BUSINESS EXPANSION-
Scott McDonald, Bannock Planning Organization explained how
the Tax-Increment Financing works.
Mr. McDonald passed to Mayor Cotant and Council a list of
steps in creating an Urban Renewal Plan, and sell revenue
allocation funds.
Mr. McDonald stated these steps will be required to be
finished by the end of the year.
Councilman Wood moved to proceed with Revenue Allocation-Tax-
Increment Financing for Infrastructure Improvements, and
direct a Resolution be drafted for review at the April 14,
1992 Council Meeting. Councilman Quick seconded. All council
members voted in favor of motion.
RESOLUTION ~3-92 - A resolution authorizing the execution and
filing of a petition for judicial confirmation, pursuant to
Title 7, Chapter 13, Idaho Code, with respect to certain
wastewater collection system improvements; finding and
declaring that a proposed loan agreement and evidence of
indebtedness pursuant thereto constitute "ordinary and
necessary expenses" of the City within the meaning of Article
8, Section 3, Idaho Constitution; and providing an effective
date.
Mayor Cotant read Resolution ~3-92 in full.
87
RESOLUTION #3-92 - (cont,)
Councilman England moved to adopt Resolution #3-92 as read.
Councilman Landor seconded. All council members voted in favor
of motion,
ORDINANCE ¢371 An ordinance adding Section 1.12.040 to the
Chubbuck Municipal Code to provide civil remedies for
violation of the Chubbuck Municipal Code,
Mayor Cotant read Ordinance ~371 in full.
Councilman England moved to dispense with the rule of reading
Ordinance #371 on three separate days. Councilman Landor
seconded. Roll Call Vote: Quick, yes; England, yes; Landor,
yes; Wood, yes.
Councilman Wood moved to adopt Ordinance #371 as read.
Councilman Landon seconded. Roll Call Vote: Quick, yes;
England, yes; Landor, yes; Wood, yes.
CLAIMS - Computer print-out presented to Mayor Cotant and Council.
Councilman Wood moved to approve computer print-out claims as
read. Councilman Quick seconded. All council members voted in
favor of motion,
GENERAL DISCUSSION -
The Council directed PWD Smart to invite all Whitaker Road
property owners to a Council Meeting to discuss sidewalk
requirement.
Ray England, 11953 Hawthorne Road stated an easement runs
under his driveway. He said about a year ago the City went
to his house and made an attempt to bring the easement
level, because of the settling. The City tried to fill,
but, the easement is still sinking. Mr. England asked
Mayor Cotant and Council if they will send an engineer to
his driveway, and make a recommendation. Mayor Cotant
stated the City will check it out.
At 9:59 p,m.,
with full council approval
Councilman Wood moved, Councilman Landor seconded,
to adjourn meeting.
Ron C. Conlin, City Clerk