HomeMy WebLinkAbout05 12 1992 CMCOUNCIL MEETING MINUTES 105
May 12, 1992
Minutes of regular meeting held in the city municipal building,
May 12, 1992.
Present: Mayor John O. Cotant, Council members Leroy S. Quick,
Steven M. England, David A. Landor, 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 7:30 p.m. by Mayor Cotant.
APPROVAL OF MINUTES - Mayor Cotant asked for corrections or
additions to the council meeting minutes of April 28, 1992.
Councilman Wood moved to approve regular meeting minutes of
April 28, 1992 as read. Councilman Wood seconded. All council
members voted in favor of motion.
PUBLIC HEARING - A proposal by Jim Worthen, 730 E. Chubbuck Road,
Chubbuck, Idaho for a review of a preliminary plat of Worthen
Subdivision, located west of 4868 and 4884 Johannsen Place.
Mayor Cotant declared the public hearing open.
RaNae Worthen, 730 E. Chubbuck Rd. explained to the Council
that they are selling half of the lot to pay the cost of
improvements on the road. The lot is shaped so the buyers can
have access to the paved portion of the street, which is only
paved half way.
Tim Shurt]iff, Shurtliff Eng3neerlng said the uti]3ties are
on Johannsen's side of the street.
Scott Beech, 936 E1 Rancho spoke in favor of the proposal
stating he will purchase half the lot Jf approved. Mr. Beech
asked for a temporary building permit, so he can get going.
PWD Smart stated, Jf the preliminary plat Js approved, and if
the council so desires we could authorize issuance of a
building permit for foundation.
Mayor Cotant declared the public hearing closed.
Discussion about Reserve strip fees for Worthen Subdivision:
Reserve Strip Cost - Payable to R. Johannsen
Abutting street -87.07LF * $43.87/LF = $3,819.76
Pro-rata share of first 190 LF of Johannsen
Place - 1.36Ac * $2,445.96/Ac = $3,326.51
Sewer stub = $ 200.00
107
PRELIMINARY PLAT - JAMES WORTHEN -
(cont.)
Land value = $ ?
TOTAL $7~346.27
Fees Payable to City
Guarantee to improve remaining street frontage -
112.59LF · $43.87 = $4,939.32
Sewer plant capacity + $ 235,00
Water Service = $ 675.00
TOTAL $5,849.32
This amount is payable to the City and will be collected
prior to issuing any building permit.
Councilman England moved to approve the preliminary plat of
Worthen Subdivision located west of 4868 and 4884 Johannsen
Place, subject to 1) Park dedication fee of $181.76 per lot
be paid. 2) Warranty Deed to satisfy the reserve strip costs
with Johannsen, be presented to the City. 3) Pay to improve
remaining street frontage $4,939.32, Sewer plant capacity fee
of $235.00 and water service fee of $675.00 for a total of
$5,849.32. Councilman Landon seconded. All council members
voted in favor of motion,
Councilman England moved to authorize the building department
to issue a building permit for Scott Beech to pour a
foundation only, on Lot 1, Block 1 of Worthen Subdivision.
Councilman Landon seconded. All council members voted in favor
of motion.
PUBLIC HEARING - ORDINANCE ~374 - An ordinance amending Chapter
17.16 of the Chubbuck Municipal Code to require park land
dedication or contribution in lieu of dedication to include
land, turf, sprinkler system and an exterior fence of six foot
chain link and chain and post around the exterior of the park
in a configuration to be approved by the City.
Mayor Cotant declared the public hearing open.
There being no comment, Mayor Cotant closed the public hearing
and asked for comment from the council.
Tim Shurtliff, Shurtliff Engqneering suggested half of the
cost of the road frontage be included in the park dedication
fee. Attorney Holmes stated a significant change such as
th~s, be sent back through the Land Use and Development
Commission.
PWD Smart suggested the last sentence in 17.16.140 be deleted.
109
PUBLIC HEARING - ORDINANCE ~374 - (cont.) -
Mayor Cotant read Ordinance ~374 in full for the first
reading.
Councilman Wood moved to dispense with the rule of reading
Ordinance #374 on three separate days. Councilman England
seconded. Roll Call Vote: Quick, yes; England, yes; Landon,
yes; Wood, yes.
Councilman Landon moved to adopt Ordinance ¢374, subject to
deleting the last final sentence in 17.16,140 ("If any portion
of a cash contribution in lieu of park and recreation land
dedication is not expended for the purposes set forth in this
section, five years from the date of receipt, it shall be
refunded to the developer who made such contribution").
Councilman Quick seconded. Roll Call Vote: Quick, yes;
England, yes; Landon, yes; Wood, yes.
ORDINANCE - An ordinance adding Section 18.32.030(o) to the
Chubbuck Municipal Code to provide standards for vehicle sales
sites.
Attorney Holmes read the ordinance in full for the first
reading.
Mayor Cotant declared the public hearing open.
Discussion about 18.32.030(o) (c) sales sites in existence on
the effective date of this ordinance shall have to be paved
no later than ten (10 years after the effective date of this
ordinance).
Councilman Wood expressed concern of requiring the existing
sites to pave.
After considerable discussion, the council decided to table
the ordinance until the May 26, 1992 Council Meeting.
FINAL PLAT - RICKERT SUBDIVISION - PWD Smart gave a report on the
request from Walmart.
PWD Smart said he did not have a problem with the Council
approving the Rickert Subdivision Final Plat subject to staff
approval of the construction drawings.
PWD Smart pointed out, even though the Final Plat is approved,
the Final Plat is not signed until all conditions are met.
Councilman England moved to accept the R]ckert Subdivision
Final Plat, subject to Mayor Cotant and Staff review and
approval of construction drawings, and other requirements
FINAL PLAT - RICKERT SUBDIVISION - {cont.) -
111
being met. Councilman Landon seconded. All council members
voted in favor of motion.
PRELIMINARY PLAT - An application by R. A. Alters, 10250 Oakshire
Dr., Carmel, California for a review of a preliminary plat of
Tyhee Estates, a subd3vislon located north of Tyhee Rd.
between Moonglow and Hiline rd.
The application for the preliminary plat was tabled at the
April 28, 1992 Council Meeting for evaluation of soil samples,
in regards to individual subsurface sewage disposal systems.
The Southeastern District Health Department delivered two
responses to the questions this week.
Steven Pew, Environmental Health Specialist noted that even
though the soils issue has be addressed and they were found
to be acceptable for individual subsurface sewage disposal
systems there are still other items that the developer has not
adequately addressed with the SDHD. Until these items are
addressed to their satisfaction, the SDHD will not give its
approval to the proposed subdivision.
Tim Shurtliff, Shurtliff Engineering stated he did not need
the SDHD approval until they get to the final design. Mr.
Shurtliff gave a report on costs of sewer as opposed to septic
tanks.
Mayor Cotant stated he felt a sewer system should be installed
at this time, rather than later. Mayor Cotant said if you talk
to any of the residents in the area now, they would tell you
all the problems they have had with sebtic tanks. Most of the
residents in the area would be willing to pay their share of
a sewer system installation.
After discussion, Councilman Quick moved to table the
preliminary plat, then invite residents in the area to the
next Council Meeting. Councilman Landon seconded. All council
members voted in favor of motion.
FIREWORKS PERMIT APPLICATION - Alaina Ulrich and Jeanne Hymas, 301
Hyrl and 328 Myrl, Pocatello have applied to operate a fire
works stand at 4010 Yellowstone Ave.
Kellie Willie was present to address any questions the Council
might have.
FO Campbell stated he would like to have the seven days as
required by ordinance to check out the fire works permits.
FC Campbell suggested the fireworks permit be tabled until he
has time to review.
FIREWORKS PERMIT APPLICATION -(cont,)
113
After discussion, the Council decided to table the fireworks
permit application of Alaina Ulrich and Jeanne Hymas, Myrl St.
until the May 28, 1992.
PROCLAMATION - "POPPY DAYS"
in full.
Mayor Cotant read the proclamation
Councilman Quick moved to direct Mayor Cotant to proclaim,
May as Poppy Month, and the 15th. and 16th. of May, as "Poppy
Days". Councilman England seconded, All council members voted
in favor of motion.
ORDINANCE ~375 - An ordinance enacting Chapter 8.32 of the Chubbuck
Municipal Code to provide for the regulation and control of
the burning of materials; to provide for the issuance of a
permit for open burning, to provide for civil and criminal
penalties for violations of this Chapter.
Attorney Holmes read Ordinance #375 in full for the first
reading.
FC Campbell said Bannock County's ordinance is just about
identical to this,
Councilman Landon moved to dispense with the rule of reading
Ordinance ¢375 on three separate days. Councilman England
seconded. Roll Call Vote: Quick, yes; England, yes; Landor,
yes; Wood, yes.
Councilman England moved to adopt Ordinance #375 as read.
Councilman Quick seconded. Roll Call Vote: Quick, yes;
England, yes; Landor, yes; Wood, yes.
CHUBBUCK DEVELOPMENT AUTHORITY - Scott McDonald, SICOG presented
a copy of the Chubbuck Development Authority ByLaws.
Mayor Cotant presented the following names to be on the Board
of Commissioners:
Mayor John O. Cotant Chairman 4 year term
David A. Landor 4 year term
Steven M. England 4 year term
Leroy S. Quick 4 year term
Kent Kearns 2 year term
Carolyn Meline 2 year term
Glenn McMinn 2 year term
The Chubbuck Development Authority will meet prior to City
Council Meetings once a month. The first meeting will be May
26, 1992, at 6:30 p.m.
115
CHUBBUCK DEVELOPMENT AUTHORITY -(cont.)
Councilman Quick moved to amend Resolution ¢4-92, Section 3,
to read "The Mayor shall submit for Council approval the names
of seven (7) appointees to serve on said agency". Councilman
Landon seconded. All council members voted in favor of motion.
CLAIMS - Computer print-out claims presented to Mayor Cotant and
Council.
Councilman Landon moved to approve computer
as read. Councilman England seconded. All
voted in favor of motion.
print-out claims
council members
FINANCIAL REPORT for month of April presented to Mayor Cotant
and Council,
SIDEWALK REPAIR ON JAMES ST. - PWD Smart presented costs on
repairing curb, gutter and sidewalks on James and Mesquite
Streets.
Curb and gutter costs - $7,969.00
Sidewalk (inc. drway sections) - $19,680.00
After discussion, Council decided to table the sidewalk
repair,
At 10:55 p.m., Councilman Quick moved to go into executive session
meeting to discuss a potential lawsuit against the City of
Pocatello regarding sewer fees imposed by Pocatello, as
authorized by Idaho Code 67-2345 (f). Councilman Landon
seconded. 100% of council voted in favor of motion.
Discussion about a proposal from Elam, Burke and Boyd Law Firm
for the consideration in representing the City of Chubbuck ni
a potential lawsuit against the City of Pocatello,
regarding sewer fees imposed by Pocatello.
No action or final dec~sion was made.
At 11:30 p.m., Councilman England moved to adjourn from executive
session meeting to regular meeting. Councilman Wood seconded.
All council members voted in favor of motion.
POTENTIAL SEWER RATE LAWSUIT - Attorney Holmes gave a report on the
proposal from Elam, Burke and Boyd Law Firm to Mayor Cotant
and Council.
PWD Smart stated we have asked Forsgren & Associates to
prepare a plan of study, which is a request to the State to
fund a facility planning study. This study should give us an
POTENTIAL SEWER RATE LAWSUIT - (cont.)
117
idea what the State thinks of the City of Chubbuck having our
own separate facility plant.
Councilman Landon moved to authorize Attorney Holmes to
approve a ]aw firm to represent the City of Chubbuck to
complete an initial review and analysis of the case and to
provide the City a legal opinion concerning the merits of the
case, chances of recovery and specific costs and fees to
pursue the litigation. Councilman England seconded. All
council members voted in favor of motion.
At 11:40 p.m., Counci]man Landon mcr/ed, Councilman England seconded
Ron O. Conlin, City Clerk