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Home My WebLink About09 28 1993 CM169 COUNCIL MEETING MINUTES September 28, 1993 Minutes of regular meeting held at city municipal building, September 28, 1993. Present: Mayor John O. Cotant, Council members Leroy S. Quick, Steven M. England, David A. Landon, W. Dean Wood, Attorney Thomas J. Holmes, Public Works Director Steven M. Smart and City Clerk Ron C. Conlin. Meeting was called to order at 7:31 p.m. by Mayor Cotant. APPROVAL OF MINUTES Mayor Cotant asked for corrections or additions to regular meeting minutes of September 14, 1993, and Special Meeting Minutes of September 21, 1993. Councilman Quick moved to approve regular meeting minutes of September 14, 1993 as read. Councilman Wood seconded. All council members voted in favor of motion. Councilman Wood moved to approve Special Meeting Minutes of September 21, 1993 as read. Councilman England seconded. All council members voted in favor of motion. CONCERNED CITIZENS REGARDING "LANDSCAPING ORDINANCE" - Vern Herzog, Petrol's Pantry stated he is present to ob3ect to Ordinance #366 (defines new uses of property), which states if there is a sell, conveyance or lease of commercial property there is requirement of curb, gutter, sidewalk and landscaping. Mr. Herzog felt a change in use in property would be better than all commercial property being required to install 10' of frontage landscape. Noel Chrlstensen, 109 Fairway Circle stated, with Ordinance #366 in place, an individual trying to borrow money to purchase property from a bank, would get a reduced loan. Mayor Cotant said enforcement is not the intent of the Ordinance, if there is a problem with wording in the ordinance the council will review and amend. Councilman Quick stated, since Ordinance #366 was adopted, there has been a vast improvement in looks along Yellowstone Ave., beautification of City is the intent of the ordinance. Scott Johnson, Common Cents expressed concern Ordinance #366 will hurt him. Attorney Holmes and Mr. Herzog will meet and discuss presenting an amended ordinance to the council. CONCERNED CITIZENS REGARDING "LANDSCAPING ORDINANCE" 1/1 (cont. ) Barbara Steele, 1947 Anita (leases liquor store space to State of Idaho), explained her situation on landscaping. Mrs. Steele stated she is required to landscape the liquor store building, got an okay at a council meeting, but, when Cary Campbell met with them the next day, the plans changed. Mrs. Steele said when she informed her tenants about the landscaping requirement, the tenants were upset about losing parking spaces for landscaping. Mrs. Steele felt the City is trylng to correct a traffic problem with a City Ordinance. Mrs. Steele said she will do what it takes to comply with ordinance. Attorney Holmes explained Mrs. Steele has a different sltluatlon, where customers park diagonally, then back out over sidewalk, causing a hazard for people walking on the sidewalk. Mrs. Steele said when discussing the landscaping at first, we were talking about true intent of the ordinance, but then the talk changed to a traffic problem. Mrs. Steele stated she is not sure what the city is more concerned with, traffic, landscaping, safety, etc. Don Andra, 711 Vlctor suggested pararrel parking instead of diagnal, this will cut down backing over sidewalk hazard. Mayor Cotant stated the number one priority is safety. John Valenty, 4803 Valenty suggested a barrier be installed to the east of the sidewalk, thls would stop vehicles from backing onto sidewalk. Mr. Valenty expressed concern about landscaping that is required, being let go and havlng weed patches all through the City. Bob Walker, Five Mile Inn stated parking in front of the complex is most important to all businesses there. Mr. Walker expressed concern about the city requiring him to have diagnol parking. Steve Carter, Auto Image expressed concern about amount of landscaping he is required to install on his property. Hugh Hadley, 446 Fairway Drive suggested the City of Chubbuck does as Pocatello and require 5% of property required landscaping, this way you do not have to use the 10 prime feet of frontage property. Judy Carter, Rte. 2, Box 55B expressed concern of City telling property owner how to landscape their own property. 173 CONCERNED CITIZENS REGARDING "LANDSCAPING ORDINANCE" - (cont.) After discussion, it was decided Mr. and Mrs. with Attorney Holmes, and find a solution landscaping. Steele will meet on parking and Mrs. Steele suggested businesses get together to discuss issues and future issues of their commercial property. Attorney Holmes said the Steele situation is the only situation that riggers the ordinance at this time. HILINE HEIGHTS SUBDIVISION APPROVED iN 1985 - STAN AND AVA DREW - Stan Drew, 1957 Jean stated the Hillne Heights Subdivision was approved in 1985, during that process of approval the Land District was changed from agricultural to residential and commercial as requested by the developers. Mr. Drew stated he did not receive notice of the land use district changes for this area. As a result we were unaware of the land use district changes as well as the proposed subdivision. Mr. Drew stated that the land use district change should be declared invalid because he received no notice and had no opportunity for input. Mr. Drew said he would have very much liked to have had input in the zone change and also the development. His primary concern is reasonable access to sewer service for his property immediately east of Hlline Heights Subdivision. The topography of their property makes it necessary to flow gravity sewer out through Hlline Heights and into the proposed Mountain Park Road. Mr. Drew said he was sick, that is why he has waited this long before calling it to the city's attention. Attorney Holmes stated a lot might have to be purchase from the developers, the city will not do that. Mr. Drew said it would be cheaper for him to purchase the lot than to put in a pumping station. Mr. Drew asked the council to consider the problem. Mayor Cotant told Mr. Drew the Council will review the problem, the city get back to him. ORDINANCE #400 - Adopting Chapter 15.44, Bannock County Residential Energy Code. Mayor Cotant read Ordinance #400 in full for the second reading. 175 ORDINANCE #400 - (cont.) Idaho Power and Intermountain Gas Representatives spoke in favor of the ordinance. Councilman Wood moved to dispense with the rule of Ordinance #400 on three separate days. Councilman seconded. Roll Call Vote: Quick, yes; England, yes; yes; Wood, yes. reading England Landon, Councilman Quick moved to adopt Ordinance #4~0 as read. Councilman Landon seconded. Roll Call Vote: Quick, yes; England, yes; Landon, yes; Wood, yes. ORDINANCE #401 - A proposal 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. Mayor Cotant read Ordinance #401 by title only for the third reading, one of which was in full. Councilman Landon moved to adopt Ordinance #401 as read. Councilman England seconded. Roll Call Vote: Quick, yes; England, yes; Landon, yes; Wood, yes. ORDINANCE - Adding Section 13.04.105 to the Chubbuck Municipal Code to provide for minimum water, sewer and landfill construction fees for residences turning services off for a period of time while temporarily away from the premises. Mayor Cotant read ordinance by title only for the first reading. City Clerk Conlin said the minimum fee will be $4.30 sanitation, $7.00 water and $10.50 sewer. After discussion, Council decided to table the ordinance until the October 12, 1993 Council Meeting. PROFESSIONAL SERVICES CONTRACT SICOG - Contract between the Chubbuck Development Authority and Southeast Idaho Council of Governments. After discussion, Council decided to invite Todd Hong, SICOG to next Council Meeting. MUNICIPAL AUDIT-LETTER OF UNDERSTANDING - Scott Jones, Jones, Yost, Hatt, Erickson & Co. presented a quote for 1992-93 Fiscal Year Audit, including Single Audit required by State for Community Policing and D.A.R.E. Grants. 177 MUNICIPAL AUDIT-LETTER OF UNDERSTANDING - (cont.) The audit will be undertaken at regular per diem rates and is estimated that the total fee will not exceed $3,100.00. Councilman Wood moved to directed Mayor Cotant to enter into agreement with Scott Jones, Jones, Yost, Hatt, Erickson & Co. to perform the City of Chubbuck's 1992-93 Fiscal Year Audit. Councilman Quick seconded. All council members voted in favor of motion. CLAIMS - Computer print-out claims presented to Mayor Cotant and Council. Mayor Cotant stated the Association of Idaho Cities recommends cities throughout the State, do not pay the Public Water Fee Assessment claim. Councilman Quick moved to approve computer print-out claims as presented with exception of S8,184.00 to IDHW/DEQ Drinking Water. Councilman Wood seconded. All council members voted in favor of motion. GENERAL DISCUSSION - 1. Rich Marley suggested lights be fixed at Stuart Park. PWD Smart said, parts are ordered and will be repaired upon arrival. At 9:40 p.m., Councilman Landon moved, Councilman England seconded, with full council approval to adjourn meeting. ~ohn O. Cotant, Mayor Ron C. Conlin, City Clerk