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HomeMy WebLinkAbout08 10 1993 CM139 COUNCIL MEETING MINUTES August 10, 1993 Minutes of regular meeting held in the city municipal building, August 10, 1993. Present: Mayor John u. Cotant, Council members Leroy S. Quick, Steven M. England, David A. Landon. W. Dean Wood and City Clerk Ron C. Coniin, Public Works Director Steven M. Smart and Attorney Thomas J. Holmes were excused. Meeting was called to order at 7:32 p.m. by Mayor Cotant. APPROVAL OF MINUTES - Mayor Cotant asked for corrections or additions to regular meeting minutes of July 27, 1993, and Special Meeting Minutes of July 28, 1993. Councilman Landon moved to approve regular meeting minutes July 27, 1993 as read. Councilman Wood seconded. All council members voted in favor of motion. of Councilman Wood moved to approve special meeting minutes of July 28, 1993 as read. Councilman Landon seconded. All council members voted in favor of motion. PUBLIC HEARING - ORDINANCE - Adding Section 18.28.060 to the Chubbuck Municipal Code to provide erroneous approval of a plat or issuance of a building occupancy permit does not waive compliance with the Land Use and Development portions of the Chubbuck Municipal Code repealing prior conflicting ordinance. Mayor Cotant declared the public hearing open, there being no comment, Mayor Cotant declared the public hearing closed. Mayor Cotant read the ordinance in full for the first reading. Council decided to table the ordinance until the August 24, 1993 Council Meeting. PROPOSED PARK IN ESPIE 1ST. ADDITION SUBDIVISION Mark Waldram stated, at the June 22, 1993 Council Meeting the City Council approved sewer and water hook-up to his house without annexation. Mr. Waldram's house Is not w/thin city llmits. Mr. Waldram stated, at this meeting the park Mr. Lacey dedicated to the City, was to be located in the center of Esple Subdivision. Durlng the last council meeting the park was moved to the northwest corner of the Esple 1st. Addltlon Subdivision, which deletes the proposed street stub-out in front of Mr. Waldram's house. Mr. Waldram said he does not 141 PROPOSED PARK IN ESPIE 1ST. ADDITION SUBDIVISION (cont.) have a way to his house if the street stub-out is not installed. Mr. Waldram asked the council to require Mr. Lacey put the street stub-out as presented on the original plat. Mayor Cotant stated as long as Mr. Lacey complies with the subdivision ordinance, we cannot require Mr. Lacey to make changes in his approved preliminary plat. Mayor Cotant said, Councilman Wood advised Mr. Waldrum the night of June 22, 1993 to not get in too big of a hurry building his home, because Mr. Lacey could change his mind. Dave Lemmon, 13171W. Siphon Rd. said because of the future, he is in favor of the soad being stubbed out at this time. Mr. Lemmon said the plans for the roads in the subdivision should have been made years ago. Mr. Lemmon said Mr. Waldram has proceeded with his house, if there is not a road stub- out, Mr. Waldram has no access to his house. Mr. Lemmon stated it is not feasible for Mr. Waldram to enter from Siphon Rd., in the winter months there is no way to keep a roadway clear. Discussion about cash in lieu of park dedication. Mayor Cotant stated the cash in lieu of park dedication formula we are using, will not build a park. Staff is working on a formula that will work. Lanee Noble, 13243 W. Siphon Rd. offered to donate three acres of land for park, if this will help Mr. Waldram get the street stub-out in front of his home. Mrs. Noble was in favor of the park being installed on the southwest corner of Espie let. Addition Subdivision. Councilman Landon said he understands Mr. Waldram's dilemma, but the city has to comply with city code. Councilman Landon suggested the park be installed, as was presented on the original plat, therefore maybe Mr. Lacey will agree to put the street stub-out as presented in original plat. Mr. Lemmon stated Mr. Lacey and Mr. Often talked about Mr. Lacey buying two acres of Mr. Orten's land for the park dedication. Mayor Cotant said the City probably would not be interested in a park on the Often property. Discussion about sewer easement. Mayor Cotant stated Attorney Holmes will have to review. Mr. Waldram stated he felt Mr. Lacey made a verbal agreement at the June 22, 1993 council meeting, he should not be able to go back on it. Mr. Waldram said he would appreciate anything Mayor Cotant and Council can do. MARK TREE 143 WALDRAM - (cont.) Councilman Landon said the council is in agreement understanding Mr. Waldram's problem, but, the council can not make Mr. Lacey do what he does not want to, after the preliminary plat is approved. Mr. Waldam stated, if the park goes in the northwest corner as the preliminary plat shows, can the city give him a 25' easement for a road from Esple Subdivision to his home. Mr. Waldram stated he realized he would have the expense of paving the road, but, might not have a choice. Council was in agreement to ask Mr. Lacey to install the park as presented in the original plat presented. Councilman England told Mr. Waldram, even though a street is on a plat, that does not mean the street will be installed at once. Councilman England said, if Mr. Lacey found he could not finish the subdivision for some reason, the street would not be installed. Mr. Waldram said the important thing is he have access to him home from the front. Mayor Cotant stated Attorney Holmes will review the proposals, then Mr. Lacey will be contacted. VALLEY ROAD - RODNEY RUPP - Veda Rupp, 12789 Hillne Rd stated her son moved from Arco to purchase an acre of land to the north of Veda Rupp to build a production building. The land is outside of Chubbuck City Limits. Mrs. Rupp said she went to Bannock County for a building permit. Mrs. Rupp said they could not get a permit because the land is zoned light industrial at this time, Mrs. Rupp said she has applied for a change in the zoning. The property is within the one impact area of the City of Chubbuck. Mrs. Rupp asked for permission to hookup to City of Chubbuck sewer and water. Mayor Cotant told Mrs. Rupp showing plans for water and can be made. a drawing should be prepared, sewer hook-up before a decision Mrs. Rupp explained her plans on the aerial map. Mrs. Rupp said she would prefer the area be annexed into the City of Chubbuck. Also asked about park dedication requirement. FC Cary Campbell said there are requirements that need be met, prior to the property being annexed, Mrs. Rupp should talk to PWD Smart. Mrs. Rupp was told she will have to get easements to hook up to City water and sewer. TREE VALLEY ROAD RODNEY RUPP - (cont.) - 145 Mayor Cotant suggested Mrs. Rupp present a drawing on how, they will get to City water and sewer. FC Campbell advised Mrs. Rupp, a condition required when Installing a production building Chubbuck. use permit is in the City of Mrs. Rupp asked the council to consider letting a production bulldlng subdivision go in the area. FC Campbell felt Tree Valley Rd is not a viable access to the property. Mayor Cotant suggested Mrs. Rupp present to PWD Steve Smart, plans and easements that are required by City Code. BUSINESS LICENSE APPLICATION - Sam's Ice Cream, Virginia McCloskey, 555 1/2 Pershing applied for license to sell ice cream from vending truck on clty streets. Police Department advised there were no problems with Sam's Ice Cream in past years. Councilman England moved to approve a business license for Sam's Ice Cream, Virginia McCloskey to sell ice cream from a vending truck on city streets. Councilman Landon seconded. All council members voted in favor of motion. BANNOCK COUNTY-CITY OF CHUBBUCK-CITY OF POCATELLO-AREA- ENERGY CODE Fire Chief Cary Campbell stated builders, realtors, electrical, plumbing and code officials met and came up with this code. The code is no more restrictive than what builders in the area are already building to. Attorney Holmes will prepare and present at August 27, 1993 Council Meeting. RAY ENGLAND, 11953 HAWTHORNE ROAD - Ray England stated Esple Subdivision, Roy Lacey build the foundations 18" off footing, There is a grade, the water runs off is dropping on Mr. England's field, polluting (insecticides, etc.), his property. Mr. England stated he talked to the Heath Department and an Attorney, they both stated this is illegal. Mr. England suggested a catch basin be installed. Mr. England said he did not want to get into a legal situation, but, did not want his property polluted elther. Mayor Cotant stated the City will look into the complaint. 147 CLAIMS - Computer print-out claims presented to Mayor Cotant and Council. Councilman Bngland moved to approve computer print-out claims as presented. Councilman Quick seconded. All council members voted in favor of motion. 1993-94 FISCAL YEAR TENTATIVE BUDGET City Clerk presented Mayor Cotant and Council the 1993-94 Tentative Budget. Ron Conlin Fiscal Year City Clerk Conlln presented the following revenues: General Fund and HS&R's Enterprise Funds S 2,193,42~.00 $ 2,221,212.~ After discussion, Council decided to leave this year's property tax levy at last year's levy, .~06432. Advertising "Truth in Taxation" is not required if the City does not increase last year's levy, excluding bonds. After discussion, Councll decided not to raise sanitation, water and sewer rates. Councilman Wood moved to approve the 1993-94 Fiscal Year Tentative Budget as presented, setting the Public Hearing for adoption of the 1993-94 "Annual Appropriations Ordinance" on Tuesday, August 24, 1993 at 7:30 p.m., at Chubbuck City Council Chambers. Councilman Landon seconded. All council members voted in favor of motion. At 10:50 p.m., Councilman Wood moved, Councilman England seconded, with full council approval to adjourn meeting. Ron C. Conlin, City Clerk