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