HomeMy WebLinkAbout01 24 1989 CMCOUNCIL MEETING MINUTES
January 24, 1989
Minutes of a regular meeting held in the city municipal building,
January 24, 1989.
Present: Mayor John O. Cotant, Jr., Councilmembers Leroy S. Quick,
Steven M. England, David A. LanSon, Dwain A. Kinghorn, Attorney
Thomas J. Holmes, Public Works Director Steven M. Smart and City
Clerk Ron C. Conlin.
Meeting was called to order at 7:29 p.m. by Mayor Cotant.
APPROVAL OF MINUTES - Mayor Cotant asked for additions or corrections
to the minutes of January 10, 1989.
Councilman Kinghorn moved to approve the minutes of January 10, 1989
as read. Councilman Quick seconded. All councilmembers voted in
favor of motion.
WAIVER OF PLATTING - Sanaye Okamura, 107 Turaco, Pocatello, Idaho has
applied for a waiver of platting for property located at the S.E.
Corner of Yellowstone Ave. & Siphon Road.
Public Works Director Steve Smart prepared for Mayor Cotant and
Council criteria for the issuance of a Waiver of Platting.
Public Works Director Smart stated the proposed development triggers
the Land Development Ordinance. Platting is a part of this ordinance
but it can be waived if adequate consideration is given to the
following issues.
1) Siphon Road Right-of-Way - The adjoining portion of Siphon
Road has been previously platted for a total right-of-way
width of 80 feet. Northside Plaza Industrial Park has dedicate
40 feet on the north side of the section line for it share of
the street. Public Works Director Smart stated that in 1984,
the city changed the right-of-way requirements for Siphon Rd.
from 80 feet to 66 feet. Steve suggested Mrs. Okamura dedicate
33 feet and sometime in the future, consider reducing the right
a-way requirement on the north side to 33 feet.
2) Public Works Director Smart said that even thought, the
property to the north was developed without curb, gutter and
sidewalk, for a good reason, that curb, gutter and sidewalk
be required of Mrs. Okamura in this commercial area.
3)
Yellowstone Ave. Right-of-way fronts this property, Yellowston~
Ave. is a Federal-Aid Primary route and is under control of
the Idaho Transportation Department. Any kind of right-of-way
here, the owners have to be compensated or waive the right
to compensation. The city can however, require that the develo
ment set back an appropriate distance to accomodate future
expansion of Yellowstone Ave. and this should be done.
Public Works Director Smart reconmlended Okamura set back far
enough to provide the 80 foot right-a-way.
11
WAIVER OF PLATTING - (Cont.)
If any proposed development chooses to locate near Yellowstone
Ave., it should pipe and cover the drainage ditch for the
length of the development frontage. Steve said he felt
a development may try to avoid this cost by either asking
for a waiver of the requirement or by locating the building
further to the east, and a waiver should not be granted.
However, if they desire to locate the building further to the
east, it should be done in such a way as to leave a viable,
developeable site adjacent to Yellowstone Ave.
5)
Mayor Cotant expressed concern of the turning radius of the
trucks turning from Yellowstone Ave. Steve said a longer rad-
ius can be required by the Council.
Councilman Kinghorn expr~ssedconcern that, the ~ground is 450' x 1500'
east-west, they need 450', if they choose their own parcel from that,
then they might come to the center of the total parcel, then if the
remaining piece of ground is ever developed, there is need for an
access~to Siphon Road. Council felt that the street coming from
Marshall's property should connect with this access. If the proposed
development located close to Yellowstone Ave., there would not be
a problem requiring the street at this time.
Mayor Cotant suggested that Okamura draw out a plat, (even thought
it is not filed~ for our records. The next proposal should be re-
quired to be platted. Mayor Cotant stated, at this time we should
control where the building is located.
Mr. Wendel Bigham, Brennan Construction was present, ~Mr. Bigham
said the applicants he knows of that hold options on the land,
are planning the proposal to front Yellowstone Ave. and will proceed
down Siphon Rd. approx. 650'. The remaining portion of the land
is speculation on their part, no specific intended use. The other
t~o applicants are only optioning enough land to build the proposal
on, but they will also have the frontage on Y~llowstone Ave.
Councilman Kinghorn moved to approve the Waiver of Platting to
Sanaye Okaruma, 107 Turaco, Pocatello for property located on the
S.E. corner of Yellowstone Ave. & Siphon Road, subject to the follow-
ing conditions:
1. It will be required to dedicate the south half of Siphon Rd.
right-of-way to ~a width of thirty-three feet south of the
north line of Section 3 along the development's frontage.
2. It will be required to improve the south half of Siphon Rd.
to Chubbuck City standards which are: curb, gutter and side-
walk as well as widening the pavement from it existing
shoulder to the new gutter.
3. It will be required to set back from Yellowstone Ave., a
distance such that Yellowstone Ave. could be improved to
current standards, (which require approx, seven more feet
of right-of-way~, without causing damage to any permanent part
13
WAIVER OF PLATTING - (Cont.)
of the building or ancillary facilities. Curb, gutter sidewalk,
and widening pavement will also be required to City and State
standards.
4. The development will be required to l~cate on the property in
such a way as to satisfy these two requirements;
a. If it does not immediately adjoin Yellowstone Ave., it
must be located sufficiently far enough east of Yellow-
stone Ave. (approx. 300 feet) to permit a viable develop-
ment that would immediately adjoin Yellowstone Ave.
b. The development must also preserve a corridor for future
street that would lie approx, midwaybetween the east and
west boundaries of the present property. This future
street would approx, line up with existing Industry Way
across Siphon Rd.
5. An easement set aside to permit drainage of irrigation water from
the fields east of development to the drainageway west of the
development.
Councilman Quick seconded. Roll Call Vote: Quick, yes; England, yes;
Landon, yes; Kinghorn, yes.
COMPLAINT - Terry Misner, 5044 Redfish presented a claim to the city,
stating Michelle Misner went to a meeting at 5045 Galena, while she
was there her car was towed because of snow emergency.
Mr. Misner's complaint was that, the street had already been plowed
when Mrs. Misner parked the car, at the above address.
Mayor Cotant said this happened to three people in the city, that
we are aware of. If the individuals submit a claim the city will
pay the claim.
Councilman England moved to approve the claim to Terry Misner
in the amount of $40.00. Councilman Landon seconded. All council-
members voted in favor of motion.
STATE OF CITY ADDRESS was given by Mayor John O. Cotant, Jr., relating
past accomplishments of the city together, with future plans of the
City.
Mayor Cotant made the following Departmental Councilmember assign-
Councilman Leroy S. Quick - Police Department.
Councilman Steven M. England - At large Councilmember.
Councilman David A. Landon - Parks & Recreation Department.
Councilman Dwain A. Kinghorn - Fire Department.
ELECTION OF PRESIDENT OF COUNCIL - Councilman Quick moved to nominate
Councilman Dwain A.~Kinghorn as President of Council. Councilman
England seconded. All councilmembers voted in favor of motion.
15
PRESENTATION - Mayor Cotant presented Mrs. Deborah Ellis, 820 Todd
with a plaque and City of Chubbuck jacket for her several years
service t~ the City.
ORDINANCE ~312 - Ordinance amending Section 9.08.130 Chubbuck Code to
make the possession of an open or unsealed container of beer, wine or
intoxicating liquor unlawful while traveling on a road or being in
a public place.
Mayor Cotant read Ordinance #312 in full.
Councilman Quick moved to dispense with the rule requiring Ordinance
~312 to read on three separate days. Councilman Landon seconded.
Roll Call Vote: Quick, yes; England, yes; Landon, yes; Kinghorn, yes.
Councilman England moved to adopt Ordinance #312 as read.
Quick seconded. Roll Call Vote: Quick, yes; England, yes,
yes; Kinghorn, yes.
Councilman
Landon,
ORDINANCE #313 - An ordinance amending Section 15.04.010 of the Chubbuck
Municipal Code to adopt Chapter 11 to the Appendix of the Uniform
Building Code.
Mayor Cotant read Ordinance ~313 in full.
Councilman Kinghorn moved to dispense with the rule requiring
Ordinance #313 to be read on three separate days. Councilman England
seconded. Roll Call Vote: Quick, yes; England, yes; Landon, yes;
Kinghorn, yes.
Councilman Landon moved to adopt Ordinance
Quick seconded. Roll Call Vote: Quick, yes;
Kinghorn, yes.
~313 as read. Councilman
England, yes; Landon, yes;
ORDINANCE - An ordinance amending 8.08.010 to provide for conformity
with the definition of fireworks in the Chubbuck Code to the Idaho
Code and specifically to conform the definition of skyrockets and
rockets and of sparklers to that of the Idaho Code; amending 8.08.040
to provide for an inspection fee of one hundred dollars, amending
8.08.060 to eliminate the requirements of a fifty-five gallon barrel
at fireworks stands.
Mayor Cotant read Fireworks Ordinance by title only for the first
time.
Fire Chief Campbell stated he would like a fireworks application, be
required, to be i~ 5 da~prior to a council meeting. The way it is now
an applicant can bring an application in the last day, which does
not give Chief Campbell enough time to present a report to the counci
After discussion, it was decided to table the ordinance until the
February 14, 1989 Council Meeting.
CLAIM - Renay Armstrong, 5788 Moses presented a claim to the council
stating on, January 23, 1989, she arrived at her house to see her
bottom panel of screen door had been dented inward and knocked loose
from the rest of the screen door, and there was a bag of City of
Chubbuck garbage bags, leaning against the door. She said it looked
as if the bags had been thrown from the sidewalk, hitting the door.
Renay attached a repair bid from Harten Aluminum in the amount of
$50.00 to repair the door.
After discussion, Councilman England moved to approve the $50.00
claim to Renay Armstrong for damage to her front storm door. Council-
man Landon seconded. All councilmembers voted in favor of motion.
CLAIMS - Computer print-out and handcheck claims presented to Mayor
Cotant and Council.
Councilman Landon moved to approve the computer print-out and hand-
check claims as read. Councilman Landon seconded. All councilmembers
voted in favor of motion.
FIRE DEPARTMENT REPORT - Charlie Dickman said it was a successful trip
to Denver. Fire Chief Campbell said he felt good about purchasing
the two trucks. Chief Campbell said they will bring the vehicles
to Laramie, Wyoming, we will meet them there. Chief Campbell said,
with the purchase of these two trucks, there will be only one major
purchase left, a water tanker. Chief Campbell said with the purchase
of these two trucks, we can sell the two pumpers, #301 & #302. Scrap
#302, and use the parts. #301 could be sold and go a long way to
the purchase of a water tanker.
Chief Campbell suggested having one water tanker for the shop and
the Fire Department.
Chief Campbell said the water tanker will cost $17,500.00.
Chief Campbell said these purchases will help our fire rating consid-
erably.
CABLE COMMISSION - Mary Harker has been appointed Cable Commission
President.
At 9:15 p~.m., Councilman England moved, Councilman Quick seconded, with
full council approval to adjourn meeting.
~hn O. Cotant, J~., Mayor
Ron C. Conlin, City Clerk