Loading...
HomeMy WebLinkAbout07 12 1988 CM104 COUNCIL MEETING MINUTES July 12, 1988 Minutes of a regular meeting held in the city municipal building, July 12, 1988. Present: Mayor John O. Cotant, Jr., Councilmembers Leroy S. Quick, Boyd L. Fullmer, David A. Landon, Attorney Thomas J. Holmes, Public Works Director Steven M. Smart and City Clerk Ron C. Conlin. Councilman Steven M. England was excused until 8:45 p.m. Meeting was called to order at 7:38 p.m. by Mayor Cotant. APPROVAL OF MINUTES - Mayor Cotant asked for corrections and additions to the minutes of June 14, 1988. Councilman Landon moved to approve the minutes of June 14, 1988 as read. Councilman Quick seconded. All councilmembers present voted in favor of motion. PUBLIC HEARING - An ordinance of the City of Chubbuck, to amend the Chubbuck Land Use Controls to permit livestock in residential areas and to allow lovestock in commercial and industrial areas by conditional use permit; to provide livestock may not be kept on any piece of property having less than twenty thousand (20,000) square feet; to provide transitional rules for livestock being kept on property of fifteen thousand (15,000) to twenty thousand (20,000) square feet if permitted under Chubbuck Ordinance ~98; to provide that two or more platted lots may not be combined to attain a twenty thousand square foot parcel of land; to provide a presumption for subdivisions created after April 1, 1988, with respect to livestock if the subdivision has lots of twenty thousand or greater; and to provide for the attachment to proposed plats of any restrictive covenants or private deed restrictions with respect to livestock if the subdivision has lots greater than twenty thousand square feet; Mayor Cotant declared the public hearing open. Mayor Cotant asked if there war anyone present in opposition to the livestock ordinance. There was none. Mayor Cotant read Ordinance #307 by title only. Councilman Fullmer stated there have been no concerns raised in- regards to the ordinance. Councilman Quick moved to dispense-with~the rule of reading Ordinance #305 on three separate~days~.. Councilman Landon seconded. Roll Call Vote: Quick, yes; Fullmer, yes; Landon, yes; England, absent. Councilman Fullmer moved to accept the recommendations of the Land Use & Development Commission to adopt Ordinance #307 as read. Councilman Quick seconded. Roll Call Vote: Quick, yes; England, absent; Fullmer, yes; Landon, yes. 106 BUSINESS LICENSE APPLICATION - Wallace E. Haskett, 5746 Eve has applied for license to sell computers door to door in the City. Mr. Haskett gave an outline on how the program works. Mayor Cotant suggested to. Mr. Haskett, he call City Clerk Ron Conlin periodically, to advise of any problems that might arise. Councilman Fullmer moved to approve a business license to Wallace Haskett, 5746 Eve to sell computer schooling and computers, door to door in the City of Chubbuck. Councilman Landon seconded. All councilmembers present voted in favor of motion. RESOLUTION #4-88 - A resolution of the City Council of the City of Chubbuck, a municipal corporation of Idaho, authorizing the Mayor to sign the 1995 Functional Classification maps for streets and highways for the Pocatello/Chubbuck urbanized area; providing that~one copy of this map shall be attached hereto; one copy retain- ed in the North Bannock Metropolitan Planning Organization Office, and one copy retained in the office of the City Engineer. Mayor Cotant read Resolution #4-88 in full. Public Works Director Steve Smart gave an outline of the Resolution. After discussion Councilman Quick moved to adopt Resolution ~4-88 as read. Councilman Landon seconded. All councilmembers present voted in favor of motion. GATEWAY INTERAGENCY FIRE FRONT AND MUTUAL AID FIREFIGHTING AGREEMENT - Fire Chief Cary Campbell presented to Mayor Cotant and Council a copy of the Gateway Interagency Fire Front and Mutual Aid Fire- fighting Agreements. Chief Campbell stated these agreements should be approved by the governing boards. Mayor Cotant suggested the county do something about resid~nts.l!who live in a country setting, making their home a potential fire hazard After considerable discussion, the council directed Fire Chief Cary Campbell to review the agreements with Attorney Holmes. CABLE COMMISSION REPORT Chubbuck Cable Commission Chairwoman Mary Harker was present to report on the Cable Commission. Mrs. Harker stated the commission was present for two reasons: 1) To report on activities of Cable Commission. 2) Budget requests. Mrs. Harker introduced the cable commission present: Greg Anderson, Kim Loveland, Greg Losinski and Carol Stoddard. Mrs. Harker gave a report on Cable Commission activities. 108 CABLE COMMISSION REPORT - (Cont.) The Cable Commission made a request of $2,400.00 for the 1988- 89 Fiscal Year Budget. The request will be taken under advisement during budget discussions. Mayor Cotant and Council recessed the meeting to go to Burley Drive to observe a building code violation. CLAIMS - Computer print-out and handcheck claims have been presented to Ma'yor Cotant and Council. After discussion, Councilman England moved to approve computer print- out and handcheck claims as read. Councilman Landon seconded. All councilmembers voted in favor of motion. GENERAL DISCUSSION - Councilman Fullmer reported while observing;one:of the Sam's Ice Cream vehicles, there were three persons on the one vehcile. Councilman Fullmer suggested the City contact Sam's Ice Cream and advise them of the safety hazard that is happening. e Chubbuck Days - Public Works Director Steve reported he had received a call from the National Guard stating that in order for them to be in the Chubbuck Days Parade, the City will be required to sign a hold harmless agreement. Attorney Holmes to review. At 9:40 p.m., Councilman England moved, Councilman Landon seconded, with full council approval to adjourn meeting. /John O. Cotant, ~r~, Mayor Ron C. Conlin, City Clerk CITY OF CHUBBUCK, IDAHO ORDINANCE NO, g~5 AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, PROVIDING FOR A CHANGE IN THE LAND USE DISTRICT WITH RESPECT TO CERTAIN LANDS LOCATED IN THE EAST ONE-HALF OF SECTION 3, TOWNSHIP 6 SOUTH, RANGE 34 E.B.M., WITHIN THE BOUNDARIES OF THE CITY OF CHUBBUCK, IDAHO, FROM INDUSTRIAL (I) TO GENERAL RESIDENTIAL (R-2); DECLARING THAT THE CITY COUNCIL FIND SUCH RE-ZONING CONSISTENT WITH THE LAND USE PATTERN PRESCRIBED IN THE CITY'S COMPREHENSIVE PLAN; REPEALING PRIOR CONFLICTING ORDINANCES; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK, IDAHO: SECTION 1: Change of Land Use District. The Land Use District established by the Chubbuck Land Use Ordinance, Ordinance No. 241, with respect to the lands described below, located within the boundaries of the City of Chubbuck, is hereby changed from Industrial (I) to Genera~Residential (R-2): A parcel of land in the El/2 of Section 3, T6S, R34E, B.M., described as follows: Beginning at the East 1/4 corner of Section 3, T6S, R34E, B.M.; Thence North 89°21'W alonG the center line of said Section 3, a distance of 680.0 feet, more or less; Thence south l°15' East a distance of 497.24 feet; Thence North 89°29' West a distance of 300.0 feet more or less, to the Easterly right-of-way of the Union Pacific Railroad; Thence North l°20' West (recorded as North l°10' West) along said right-of-way a distance of 1176.21 feet, more or less; Thence South 89~21' East a distance of 755.95 feet; Thence South 1~20' East a distance of 347.0 feet; Thence South 89°21' East a distance of 225.0 feet, more or less, to the East line of said Section 3; Thence South 1~15' East along said East line of Section 3, a distance of 332.0 feet to the East quarter corner of Section 3, the 'Point of Beginning. Ordinance - Page 1 jm CH%6-71 FINDINGS OF CHUBBUCK CITY COUNCIL FACT, CONCLUSIONS OF LAW AND ORDER This matter.hav~ng come before the City Council for public hearing pu~uant to public notice as required by law, on F~w~ {7~ , 19~-, upon the application of C~e~ &k~-z~u!n. ~5~ E. ~'z~. ~vC ~k~, (hereinafter refgrr~d to as "a~plicant") fo~ a change in ~use district~for the real property described on Exhibit A hereto 'from I~ or ~s~;~/ to ~-~ or ~e~,~; .~,~ and the City Council having heard testimony from interested parties ~~nd being fully advised in the matter, now makes the following FINDINGS OF FACT 1. Applicant has applied for a zone change from -~ to ~ for the real property more particularly described on Exhibit A hereto. 2. Ail legal requirements for notice of public hearing have been met. 3. The property in question is zoned ~ or o~du%$~t~} .pursuant to the Land Use Ordinance of the City of Chubbuck. 4. The property is designated as '~.~.~'~ ~ in the duly adopted Comprehensive Plan of the City of Chubbuck. 5. Relevant criteria and standards for consideration of this application are set forth in the Comprehensive Plan in Sections B, B(5), B(6) and B(8) and in Idaho Code Sections 67-6502 and 67-6508. 6. The existing neighboring land uses in the immediate are of this property are: To the north, ~' ,~ ; to the south, ; to the east, ~ to the ~est~ 7. The requested change in land use district (-{-s-~/ is not) in conflict with the provisions of existing zoning regulations or the duly adopted Comprehensive Plan of the City of Chubbuck~ ~ ~ ~ ~40w~m~ FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - PAGE 1 8. The property in question (is / is n~-~--suitable for the proposed land use district, and such uses (would / we~ b~ compatible with existing land uses in the area. 9. Ow/n~ers of adjacent properties (-h~) expressedfa4~ of the proposed change in land use district. 10. The requested zone change (is ~ reasonable to provide orderly development of the City, and to promote economic values and (~i!! ?twill not) be detrimental to the public health, safety, and welfare. 11. It (is / i~n~n the best interests of the public that the proposed change in land use district be granted. 12. 13. BASED UPON THE FOREGOING FINDINGS OF FACT, the Chubbuck City Council hereby enters the following CONCLUSIONS OF LAW 1. The requirements of Idaho Code Section 67-6509(d) have been met. 2. The proposed change in land use.district~(is / ~" nct)~reasonable and necessary to provide order~'y development of the City, and to promote economic values, and is not inconsistent with or detrimental to the public health, safety, and welfare. · 37~ The propc~ed change in land use district (Is / ' -i-~onsistentl with the provisions of the A Comprehensive Plan~and Land Use Ordinance of the City of Chubbuck and the Local Planning Act of 1975, as codified in Chapter 65 of Title 67 of the Idaho Code. 4. The requested change in Land Use District (should /shculd nct~ be granted. FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - PAGE 2 DECISION 1. The application for a change in land use district ~o designate the land described on Exhibit A as (is /---is JotS. hereby grantedr ~ ~ e~qL~~ ~~.~.~ DATED this 12t~ day of February , 198 5 · John O. Cotnat, Jr. Mayor, City of Chubbuck Motion by : Councilman England , seconded Councilman Quick , to adopt the foregoing Findings of Fact, Conclusions of Law and Decision. ROLL CALL: Council Member Vote Quick Hopkins Nield by FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - PAGE 3 SECTION 2: Comprehensive Plan. The Mayor and Council find, and therefore declare, that the foregoing changes in the Land Use District, are consistent with the land use pattern prescribed by the City's Comprehensive Plan, as amended on February 12, 1985. SECTION 3: Effective Date. Full public hearings having been conducted in this matter in accordance with all applicable requirements under state and local law, the rule requiring an ordinance to be read on three separate days, one of which shall be a reading in full, is hereby dispensed with, and this Ordinance shall become effective upon its passage, approval and publication as provided by law. OF CHUBBUCK, IDAHO, this ~ day of ~3J~'u~.~ , 1984. ATTEST: MAYOR CITY CLERK Ordinance Page 2 jm CH%6-71 1980 NAME DATE OWNED Richard Beason 10-14-80 40.55 Machelle Bernhard 12-16-80 11.40 Bill Caster 7-17-80 26.80 Larry Christensen 10-7-80 5.10 Lester Decker 10-2-80 34.95 Nancy Bowler 9-3-80 56.00 Terry Freeman 8-26-80 60.00 Joe Furr 8-4-80 15.60 Dennis Garmen 6-3-80 5.00 Cory Hoskins 8-26-80 27.10 Jessie Johnson 7-29-980 33.00 Kirby Company 22-26-80 34.00 Jerry Kuykendall 5-18-80 33.00 Dennis Levi 9-19-80 19.90 Mark Mains 12-3-80 30.90 Richard Malo 12-30-80 30.65 Cheri McCullur 4-28-80 29.80 David L. Mitchell 1-1-80 50.25 Linda Mondragon 6-30-80 11.25 Larry Moore 11-14-80 31.70 Karen Munn 5-2-80 65.75 Ray Paulsen 9-23-80 7.30 George Regoff 4-15-80 35.00 Connie Reid 7-1-80 8.80 Jill Schofield 9-30-80 26.00 Kent Still 5-15.80 51.65 Larry Stout 11-3-80 29.50 Martin Whaley 7-7-80 14.05 Kurt Wilkins 8-12-80 5.00 Gary Yoho 5-7-80 34.90 TOTAL 864~97 1981 NAME DATE Ammie Amundson Rick Anderson Linda Babcock David L. Baker Gene Balluch Pam Carreon Blake Cole Rick N. Converse Gary Covington Donna Crofutt Pat Crozier Steven Dean Katherine Dennison Robert Dill Frank Drankman Tammy Eagle Keith Ferrell Brenda Fowler David Frampton Stan Henderson Ken W. Henry Lena Hills Donald Hughes Glenda Hughes Leigh A. Johnson Dave Knappe William L. Kruger Alan K. Duehn Helen Lane Terry Lewison Jerry Lindsey Robert Malotte Kevin Mauch Ken Monson Robert C. Newsome Brett Palmer Brent Palmer George Pinsonneau Gary Rienhart Rodeway Inn Suzette H. Rogers Elva Schramm Juanita Siilva R. K. Sorenson Justine Tavo Judy Thompson Sharon Tipping Robert Welker Verda Wickstron Yerda Wickstrom James lC. Wilson Steve Wiscombe Richard C. Woltz ~llo~Stone Marihe & Supply 3-27-81 Paul Zkoka 6-12-81 8-28-81 4-2-81 10-28-81 9-3-81 8-17-81 4-21-81 5-29-81 7-13-81 10-30-81 7-29-81 2-11-81 8-10-81 11-27-81 9-30-81 67-26-81 6-2-81 9-11-81 1-26-81 12-6-81 2-25-81 121-10-811 12-24-81 2-25-81 9-10-81 2-25-81 6o-2-81 10-2-81 12-31-81 2-25-81 6-26-81 7-31-81 9-10-81 8-25-81 3-2-81 12-2-81 6-23-81 9-30-81 12-11-81 2-25-81 6-15-81 10-26-81 8-3-81 5-29-81 4-30-81 11-2-81 1-2-81 8-19-81 12-24-81 5-4-81 2-9-81 10-7-81 2-9-81 4-29-81 ** Joe Dillon 9-30-81 OWNED $36.10 37.25 36.80 25.05 39.60 28.30 52.75 45.95 15.10 20.30 39.90 73.70 5.00 46.05 28 50 6 5O 49 85 31 00 12 05 10 75 14 50 32 00 37 00 54 20 46 55 33.40 23.80 29.50 12.50 13.25 31.90 37.00 19.50 49.90 21.00 2.00 51.60 47.80 39.05 1,785.00 14.10 47.55 1.25 35.50 32.35 10.50 83.70 31.35 25.75 15.00 44.95 10.75 28.~5 21.25~' 17.25 11.45 TOTAL 3,453.17 name Eddy Allen Clarence Amos Connie April Michael Bowers Darmel Larry Carlson Robin Cope Dave Cragun Robert L. Elliston Terry Goodwin Orville Hall Tom Holcomb Marlin Jackson David M. Johnson Ron Johnson Ronald R. Johnson Kaylyn Leyba Jerry Lindsey Diane Marks Eldon Moore Ron $oravec Debbie Mowers Debbie Neaman Denetti Newman Gene R. Olson Craig Perkins Ken Pickens Pinewood Nursery Bobbie Ramirez Ed Reece Ed Robinson Shirley Sander Chuck Sholes Jerry Sinclair Darill M. Smith Robert F. Smith Clay Van Leuven Dave Van Pelt Mint Vitale Vada Westbrook Dean Williams Wilson Concrete Tracy Wood 1982 date 8-27-82 12-6-82 6-5-82 9-7-82 12-21-82 6-8-82 1-27-82 5-5-82 9-27-82 6-3-80 10-14-83 3-2-82 10-12-82 11-30-82 12-03-82 2-22-82 6-28-82 3-01-82 4-2-82 1-3-82 11-4-82 7-1-82 3-11-82 2-12-82 4-29-82 4-13-82 12-2-982 4-1-82 2-24-82 7-7-82 12-29-82 11-4-82 8-30-82 6-17-82 9-8-82 9-10-82 12-8-82 8-18-82 8-10-82 8-12-82 4-26-82 2-25-82 12-7-82 owned 13.20 40.25 38.10 28.80 48.00 28.20 36.60 12.60 12.80 18.25 38.55 14.50 50.25 41.20 52.55 19.90 3.00 49.50 39.75 38.90 39.00 52.55 7.00 25.95 21.00 17.80 54.75 14.50 14.25 39.70 45.00 16.90 40.90 10.70 54.15 26.00 27.65 67.50 47.35 41.85 34.10 82.28 23.65 TOTAL 1,439.43 ×X NAME Clarence Amose Jackie Anderson Michael K. Anderson John Baginski Kirsten Bentz Pamela Brower Karla Converse Larry Curran Richard Daniel Shawn Emery Jason Guy Sandra Hanson Reed Hargrove Brian Harris Joyce Hebbon Dave P. Hembre William Hendricks Jeff Hophine Jesse Jenkins Randy G. Johnson Dennis Lanson Bill Mercer Ron Mitchell Shasta Moncur Larry Moore Sheri Pannell Kathy Parkin Annette Perkins James A. Phillips Annette Preacher Kathryn LRademache Mark Rupe Douglas K. Salisbury Franklin Scott Audrey A. Smith Sharon Smith Mike Sparks Melinda Talmark Jody Walker James Wolstenholm Teddie Zazweta XX Jim Hanson 1983 DATE 7-18-83 8-30-83 12-29-83 2-9-83 5-16-83 4-5-83 6-28-83 2-4-83 5-3-83 6-28-83 12=-08-83 11-10-83 11-29-83 9-28-83 11-29-83 11-4-83 2-24-83 7-3-83 11-01-83 6-14-83 2-25-83 12-6-83 12-4-83 4-5-83 6-8-83 3-10-83 8-3-83 3-14-83 8-1-83 2-23-83 5-23-83 5-9-83 10-3-83 9-9-83 11-29-83 5-23-83 8-8-83 11-29-83 12=-2-83 4-27-83 2-14-83 OWED 71.65 41.25 38 65 31 O0 28 60 59 20 32 75 39 00 47 35 5 75 50.80 31.70 23.25 6.45 21.10 40.85 16.75 25.70 52.O5 5.65 35.75 67.10 49.50 32.75 60.70 78.20 40.50 18.55 57.50 37.25 48.90 51.70 60.45 51.70 31.25 17.90 34.35 35.55 40.50 55.00 62.20 8-22-83 35.25 TOTAL 1,672.05