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HomeMy WebLinkAbout11 09 1993 CM197 COUNCIL MEETING MINUTES November 9, 1993 Minutes of regular meeting held at city municipal building, November 9, 1993. Present: Mayor John O. Cotant, Council members Leroy S. Quick, Steven M. England, W. Dean Wood, Marvin C. Gunter, Attorney Thomas J. Holmes, Public Works Director Steven M. Smart and City Clerk Ron C. Conlin. Meeting was called to order at 7~35 p.m. by Mayor Cotant. APPROVAL OF MINUTES - Mayor Cotant asked for corrections or additions to regular meeting minutes of October 26, 1993, and Special Meeting Minutes of November 3, 1993. Councilman Wood moved to approve regular meeting minutes of October 26th, 1993 as read. Councilman Quick seconded. All council members present voted in favor of motion. Councilman Quick moved to approve Special Meeting Minutes of November 3, 1993 as read. Councilman England seconded. All council members voted in favor of motion. PUBLIC HEARING A proposal by K.G. Gibbs, 426 E. Chubbuck for a change in Land Use District to Industrial (I) for property in the NEI/4, NE1/4, Section 10, Township 6 South, Range 34, E.B.M. (435 E. Chubbuck Rd.). K.G. Gibbs has asked for a change in zoning of property at 435 E. Chubbuck Rd. to Industrial (I), to allow continuation of trailer manufacturing at the site. Area is currently zoned as Limited Residential (R-2). The Comprehensive Plan map calls for the property to remain as Limited Residential (R-2). A distance of 500 feet from Whltaker Rd. falls 40 feet west of the residence fence line at 435 E. Chubbuck Rd. Mayor Cotant declared the public hearing open. Randall Kline, Attorney for K.G. Gibbs asked if the City has measured to fix the exact location of where the zone boundary is. Mr. Kline stated if any part of Mr. Gibb's land is in Industrial Zone, this would allow an industrial use. PWD Smart said the line between a residential and industrial moves west from Whitaker Rd. one residential lot or a maximum of 500~, the city has been measuring everything from the center lines of street. PWD Smart said the City has not researched which ordinance would have established the line. 199 PUBLIC HEARING - K.G. GIBBS - (cont.) Mr. Kline stated the line should be determined, because people are making economic decisions based on the zoning. Considerable discussion about where the line might be. Mr. Gibbs stated, when he purchased the property, he understood the property was in an industrial zone, or he would not have purchased. Mr. Kline stated, he would like to see the change of zoning request by Mr. Gibbs tabled, until he can meet with Attorney Holmes and PWD Smart about a definite zoning line being established. Mayor Cotant asked if there is anyone present opposing the proposal. There was no one opposing the proposal. After discussion, Council decided to table the change of zoning proposal until the, December 14, 1993 Council Meeting. Mr. Gibbs was told he can operate his business until a decision is made at Council Meeting. trailer manufacturing the December 14, 1993 COUNCIL MEMBER VACANCY - Mayor Cotant Landon resigned from the Council from the city. stated Councilman David A. because of having to move Councilman W. Dean Wood resigned his council seat, at this time Mayor Cotant suggested appointing Councilman Wood to former Councilman David A. Landon's council seat, which runs through December 31, 1985. Councilman Leroy S. Quick and Councilman Steven M. England voted in favor of the appointment. City Clerk Conlin administered the oath of office to newly appointed Councilman W. Dean Wood. Mayor Cotant presented the name of newly elected Council member Marvin C. Gunter to be appointed to the vacant council seat left by W. Dean Wood, when he accepted David A. Landon's vacant council seat. All council members voted in favor of the appointment of Marvin C. Gunter to Councilman W. Dean Wood's vacant seat, which runs through, December 31, 1993. City Clerk Conlin administered the oath of office to newly appointed Councilman Marvin C. Gunter. 201 TYHEE ESTATES FIRST ADDITION FINAL PLAT - Tim Shurtliff, Shurtllff Engineering was present to explain and answer any questions related to the Tyhee Estates First Addition Final Plat. Mayor Cotant questioned the road turning radius in the subdivision, how close are the county's street specifications to the City of Chubbuck specifications. Mr. Shurtliff stated they used the same paving specifications as the city's, but, used the county's cross section. Mayor Cotant stated, since the subdivision is within a mile of the city, why don't the city do the inspecting. Mr. Shurtliff was not sure. Discussion about fire protection in the subdivision. Councilman Wood moved to approve the Tyhee Estates First Addition Final Plat as presented. Councilman England seconded. All council members voted in favor of motion. LANDSCAPING IN FRONT OF LIQUOR STORE - STEVE AND BARBARA STEELE Mr. Shurtliff stated he has a plan to present for the landscaping in front of the liquor store. Mr. Shurtliff suggested presenting to staff in Staff Meeting, Tuesday, November 16, 1993. Council approved the suggestion. WAIVER OF PLATTING FOR SELF-STORAGE UNITS - Jolene Hutchinson, 815 E1 Rancho has applied for a Waiver of platting for self- storage units, the area is currently zoned Industrial (I). The Comprehensive Road Plan indicates that there is to be a local street north off of Chubbuck Road which would eventually intersect with Hiway Ave., as it crosses the railroad tracks. Given the premises that the comprehensive plan requests that a road be placed at this location, the trigger for platting, by creation of a road would be activated. Ms. Hutchinson would like to be able to begin site work to place a foundation and construct the initial unit this fall/winter. Staff has worked with the Hutchinsons to bring the project to this point, however, it was Just recently that the requirement for the road was discovered. PWD Smart stated the staff did not make Ms. Hutchinson aware of the street dedication requirement at that time. Requirements state that a 50' easement be dedicated to the city for the road, and that improvements be made. The road will be required along the depth of the property, 659 feet. Ms. Hutchinson stated she purchased the land under the assumption she would not have to provide a 50' easement. Ms. Hutchinson said she probably would not have purchased the property if she had known she would have to provide a road. 20~ WAIVER OF PLATTING - (cont.) - Ms. Hutchinson stated she would be willing to give an easement, with the understanding she could use the easement for RV Storage until the property behind her property develops. Councilman England stated, if the street easement is on the east side, as a matter of courtesy we should talk to Dee Howell. The concenus was the road should go next to the railroad tracks. Councilman England moved to deny the Waiver of Platting and suggest the plat record a 50' road easement on west side of Ms. Hutchinson~s property. Councilman Wood seconded. All council members voted in favor of motion. Ms. Hutchinson said she would like to know who is responsible for the building of the road when it is required. Attorney Holmes stated the council cannot decide at this time who will be responsible for the building of the road. Hopefully, whatever will go in to the north of Ms. Hutchinson's property, there will be enough economic viability that the developer will want to develop the road, but, that might not be the case. Kent Kearns, LU&D Commission Chairman stated the Land Use and Development Commission will prefer the road be built to the west of Ms. Hutchinson's property. Mayor Cotant said as long as Ms. Hutchinson uses the property for the use she wants now, (Store-units), she would not have to build the road, if the use changes, Ms. Hutchinson will be required to build the road. Ms. Hutchinson stated she does not want to provide an easement at no cost, she felt she should be able to sell the land dedicated for an easement. Attorney Holmes stated Ms. Hutchinson will be required to dedicate a 50r roadway. PROCLAMATION - "BUDDY POPPY" in full. Mayor Cotant read the proclamation Councilman Quick moved to direct Mayor Cotant to proclaim November llth, 12th & 13th., 1993 as "Buddy Poppy Days". Councilman Wood seconded. All council members voted in favor of motion. CITY STREET FINANCE REPORT - City Clerk Conlin presented the 1992- 93 City Street Finance Report of dedicated funds to be presented to the State Auditor as required by Idaho Code Section 40-708. 205 CITY STREET FINANCE REPORT - (cont.) Councilman Wood moved to approve the 1992-93 City Street Finance Report as presented. Councilman England seconded. All council members voted in favor of motion. CLAIMS - Computer print-out claims were presented to Mayor Cotant and Council. Councilman Quick moved to approve computer print-out claims as presented. Councilman Gunter seconded. All council members voted in favor of motion. At 9:20 p.m., Councilman Wood moved to go into executive session meeting, to discuss personnel matters, as authorized by Idaho Code 67-2345 (b). Councilman Quick seconded. 100% of council members voted in favor of motion. Sanitation employee Tom Myler asked to discuss with council his reprimand from Supervisor. No action or final decision was made. At 10:00 p.m., Councilman England moved, Councilman Wood seconded, with full council approval to adjourn meeting. Ron C. Conlin, City Clerk