HomeMy WebLinkAbout09 22 1992 CMCOUNCIL MEETING MINUTES
September 22, 1992
210
Minutes of regular meeting held in the city municipal building,
September 22, 1992.
Present: Mayor John O. Cotant, Council members Leroy S. Quick,
Steven M. England, W. Dean Wood, Attorney Thomas J, Holmes,
Public Works Director Steven M. Smart and City Clerk Ron C.
Con]in.
Meeting was called to order at 7:35 p.m. by Mayor Cotant.
INVOCATION was given by Pastor Jim Frisbe, Chubbuck United
Methodist Church.
APPROVAL OF MINUTES - Mayor Cotant asked for corrections or
additions to Regular Meeting Minutes of September 8, 1992 and
Special Meeting Minutes of September 15, 1992.
Councilman Wood moved to approve regular meeting minutes of
September 8, 1992 as read. Councilman Quick seconded. All
council members present voted in favor of motion.
Councilman England moved to approve the Special Meeting
Minutes of September 15, 1992 as read. Councilman Wood
seconded. All council members present voted in favor of
motion.
PUBLIC HEARING - An application by Joe Osier, 11010 W. Hickory Dr.,
Boise, Idaho for a change in the City's Comprehensive Plan,
and a change in Land Use District to Limited Residential (R-
2), with respect to a parcel of land, 13.80 acres, located
near the SE corner of Hawthorne Rd., (4700 block), and W.
Chubbuck Rd. to the Canal. The property is currently zoned
Agricultural (A).
Mayor Cotant declared the public hearing open, asking for
comments, for, or against the proposal.
Mr. Osier stated the Comprehensive P]an now states the
property's future use as Commercial (C-2), Mr. Osier felt that
any commercial should lie east of the canal on W. Chubbuck
Road.
The Comprehensive Plan can only be changed once every six
months, which will make the next allowable change, January
14, 1993. Mr. Osier said changing the Comprehensive Plan after
January 14, 1993 will not cause him a problem.
LoRee Nobles, 13243 W. Siphon Rd. spoke in favor of the
proposal.
Teresa Denkers, 962 Stone spoke in favor of the proposal.
PUBLIC HEARING - JOE OSIER
212
Mayor Cotant declared the public hearing closed.
Councilman Quick suggested, because of Cotant Park being so
close, Mr. Osier contribute cash in lieu of park dedication,
instead of park ]and.
Councilman Wood stated the city is in favor of growth within
the City.
Hrs. Nobles suggested Cotant Park is over used, she felt Hr.
Osier should contribute land for another a park.
Discussion about potential purchase of land north of City
Property for additional park area, this will slow the demand
for Cotant Park.
Attorney Holmes stated an ordinance proposing a change Jn the
Comprehensive Plan will be presented six months after the last
change.
Councilman Quick moved to give Mr. Osier approval to proceed
with the proposal. Attorney Holmes will prepare an ordinance
for change of the Comprehensive Plan to be presented at a
January, 1993 Council Meeting. Councilman Wood seconded. All
council members present voted in favor of motion.
FINAL PLAT - TYHEE ESTATES SUBDIVISION - An application by R. A.
Albers, 10250 Oakshire Dr. for review of a final plat of Tyhee
Estates located north of Tyhee Road, between Moonglow and
Hiline Roads.
Tim Shurtliff, Shurtliff Engineering presented the Tyhee
Estate Subdivision Final Plat, explaining the plat is in
compliance with the preliminary plat.
Mr. Shurtliff stated there are 25 lots ranging in size from
1 acre to 2.9 acres.
PWD Smart said the City impact agreement adopted by the City
and County provides that the County subdivision ordinance
requirements would be utilized in all subdivisions located
within the Chubbuck area of City impact except those parts of
the impact area lying within one mile of the City limits.
/hose parts of the impact area would be sub3ect to the City
subdivision ordinance requirements. Most of this subdivision
lies within the one mile impact area.
PWD Smart stated there are several aspects of the design
drawings that do not conform to City Standards:
FINAL PLAT - TYHEE SUBDIVISION
214
1. Water line is shown to be PVC (AWWA 0-900} pipe rather than
ductile iron pipe as required by the City.
2. Thrust blocks are not shown at tees and elbows.
3. Several items in the detail drawings for the well house and
other areas that should be addressed before the drawings
are approved for construction. Since our subdivision
regulations prevail in this subdivision, those details
should be cleared up before we sign the plat,
Mr. Shurtliff stated the 4- line is more than capable of
carrying the capacity of the we]]. All lines in the street are
6" as required.
Discussion about a cooperative water system with the whole
area.
Mayor Cotant expressed concern about no sewer in an area of
one acre and larger lots.
Mayor Cotant, PWD Smart and Council were in agreement the PVC
(AWWA c-900) pipe will work as well as the ductile iron
pipe in this situation.
Discussion about possible insufficient water to service fire
hydrants.
PWD Smart stated the City will work with Tim Shurtliff to take
care of concerns,
Councilman Wood moved to approve the Tyhee Estates Subdivision
Final Plat subject to PWD Smart approval of conditions.
Councilman England seconded. All council members voted in
favor of motion.
COMPLAINT - DUST CREATED WITH MOTORCYCLES RIDING CANAL BANK -
Theron Driever, 695 Homestead said he has called the police
several times, tried to talk to the kids, but, the dust and
noise is so bad his family cannot open windows in his house.
Chief of Police Rowland said kids in the neighborhood ride
their dirt bikes along the canal bank. In the past residents
have complained about the noise, dust or both, there i8
not much the Police Department can do, because the property
is owned the residents.
Lo Ree Nobles, 13243 W. Siphon Road stated she heard
complaints about boys riding along the ditch bank. Mrs. Noble
stated five boys approached her about riding their dirt bikes
on her property, property is next to Espie Subdivision. Mrs.
Nobles said she gave the boys permission to ride the dirt
bikes on her property. Mrs. Nobles said if all the residents
COMPLAINT
(cont.) -
216
work together, the dust and noise problem can be brought to
a minimum.
Mayor Cotant stated, one problem is the City is in an non-
attainment area, Federal Funds can be cut if we do not do
everything possible to stop pollution. Motor bikes, Motor
Vehicles were specifically mentioned as a dust problem.
Attorney Holmes said this is a civil problem that should be
worked out with the residents.
Teresa Denkers, 982 Stone
about the dust, loitering,
the canal bank.
said her family also complaints
language used and noise of kids on
Chief Rowland said the problem is a city wide problem, it
continues from spring to winter. Chief Rowland said a
complaint has to be filed, then the Police Department can take
action.
Chief Rowland stated if a resident sees an under aged child
riding his motor bike on a city street, advise the Police
Department, it will be taken care of.
Mayor Cotant advised residents allowing these motor bikes on
their property, they could possibly have a liability problem,
if someone is in3ured on their property.
Attorney Holmes stated the City has no jurisdiction outside
of city limits. Attorney Holmes stated City Officials will
discuss the problem, and come up with a way to address the
concerns.
Mayor Cotant advised riders of the motor
aware if in some way they start a fire,
for the suppression of the fire.
bikes they should be
they will be billed
Councilman England suggested that when the Council looks at
an ordinance addressing the concerns, these residents be
invited to the council meeting for their input.
ORDINANCE ¢383 - An ordinance defining and establishing standards
for the practice of massage or massage therapy; requiring
additional information for business license purposes.
Mayor Cotant and Attorney Holmes read Ordinance #383 for the
first reading in full, third reading by title.
Councilman England moved to dispense with the rule of reading
Ordinance ¢383 in full on three separate days. Councilman
Quick seconded. Roll Call Vote: Quick, yes; England, yes;
ORDINANCE ~383 - (cont.)
218
Landon, absent; Wood, yes.
Councilman Quick moved to adopt Ordinance ~383 as read.
Councilman Wood seconded. Roll Call Vote: Quick, yes; England,
yes; Landon, absent; Wood, yes.
ORDINANCE #384 - An ordinance adopting standards for the operation
of tattoo establishments.
Mayor Cotant read Ordinance #384 in full for the first
reading.
Attorney Holmes stated the only existing tattoo establishment
reviewed the ordinance, the tattoo establishment meets all the
requirements of Ordinance ~384.
Councilman Quick moved to dispense with the rule of reading
Ordinance #384 on three separate days. Councilman Wood
seconded. Roll Ca]] Vote: Quick, yes; England, yes; Landon,
absent; Wood, yes.
Councilman England moved to adopt Ordinance #384 as read.
Councilman Quick seconded. Roll Call Vote: Quick, yes;
England, yes; Landon, absent; Wood, yes.
ORDINANCE - URBAN RENEWAL PLAN FOR THE CHUBBUCK DOWNTOWN
IMPROVEMENT PROJECT - Mayor Cotant read the Urban Renewal Plan for
the Chubbuck Downtown Project for the first reading.
PERSONNEL POLICY CHANGE - VACATION - Each year after ten years of
employment, an employee will receive one day per year up to
the fifteen year, which will give them a maximum of 20 days
vacation. An example of how it will be implemented is; October
1, 1992, if an employee has been employed by the City twelve
years, he or she will be entitled to two extra vacation days.
Councilman England moved to amend the Chubbuck City Personnel
Vacation Policy to allow an employee each year after ten years
of employment, one day per year up to the fifteen year, which
will give her or him a maximum of 20 days vacation. Councilman
Wood seconded. All council members present voted in favor of
motion.
PERSONNEL POLICY DISCUSSION - SICK LEAVE Councilman England
stated where he works, the employee is not compensated for
accumu]ated sick leave when he or she retires, but, when
employee retires, a certain amount of the sick leave
accumulated can be deferred to payments on employees health
insurance premium. Councilman England said it is not dollar
for dollar, but, a formula is applied.
220
PERSONNEL POLICY DISCUSSION - SICK LEAVE
(cont.)
Councilman England stated he will find out the formula used
to defer the sick leave to employee insurance premium and
report Pack to council.
Councilman Quick moved to amend Sick Leave Policy to, as of
September 1, 1992 an employee will not be compensated for
fifty percent of his/her accumulated sick leave days for the
first ninety days and twenty five percent of the remaining
accumulated sick leave days. The amount accumulated to
September 1, 1992 wi]] be compensated upon retirement on]y.
Councilman England seconded. All council members present voted
in favor of motion.
CLAIMS - Computer print-out claims presented %o Mayor Cotant and
Council.
Councilman Quick moved to approve claims as read.
Wood seconded. All council members present voted
motion.
Councilman
in favor of
GENERAL DISCUSSION -
1. Discussion about requirements of Espie Subdivision.
Discussion about landscaping requirements required of
Hancock's Conditional Use Permit on storage sheds located
by the Bannock County Fairgrounds. Ordinance requires the
landscaping. Discussion about water standard required.
3. PWD Smart reported the 16" water line is under the
interstate.
At 10:05 p.m., Councilman England moved, Councilman Wood seconded,
with full council approval to ad3ourn meeting.
Ron C. Conlin, City Clerk
/John 0 Cotant, Mayor
4
MEMORANDUM
TO:
Mayor Cotant and City Council
FROM: Steven M. Smart
DATE:
September 22, 1992
RE:
Tyhee Estates Subdivision final plat.
On June 9, 1992 the City Council approved the preliminary plat for
this subdivision. This was the second meeting that the plat was
before the City Council. The approval of the preliminary plat was
subject to the following conditions:
1. Curb, gutter and sidewalks would not be required.
Fire hydrants would not be required, but provision made
in the construction to add them in the future when the
water system production was sufficient to sustain the
required fire hydrant flows.
3. The street would be build according to Bannock County
standards.
4. To investigate a common water system in the area.
That the approval of the individual sewage disposal
systems be left to the District Health Department.
The staff review of the preliminary plat and the construction
drawings was completed recently. We have the following comments:
PLAT
The north-south street name "Happer Lane" is not shown on
the plat·
CONSTRUCTION DRAWINGS
The area of City impact agreement adopted by the City and
County provides that the County subdivision ordinance
requirements would be utilized in all subdivision located
within the Chubbuck area of City ~mpact except those
parts of the impact area lying within one mile of the
City limits. Those parts of the impact area would be
subject to the City subdivision ordinance requirements as
provided in Idaho Code (I.C. 50-]306). Most of this
subdivision lies within the one mile impact area.
There are several aspects of the design drawings that do not
conform to our City standards. Particularly those relating to
the water system design. For example, the design drawings
show a four inch water line coming from the well house over {o
the distribution system in Happer Lane. The water line is
shown to be PVC {AWWA C-900) pipe rather than ductile iron
pipe as required by the City. Also, thrust blocks are not
shown at tees and elbows.
We have also found several items in the detail drawings for
the well house and other areas that should be addressed ~efore
the drawings are approved for construction. Since our
subdivision regulations prevail in this subdivision, those
details should be cleared up before we sign the plat.
There is probably no reason why the City Council couldn't approve
the final plat subject to these various requirements·