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HomeMy WebLinkAbout01 14 1992 CMCOUNCIL MEETING MINUTES January 14, 1992 Minutes of regular meeting held in the city municipal building, January 14, 1992. 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 7:33 p.m. by Mayor Cotant. INVOCATION: Bishop Lyman Penrod, 49th. Ward, Tyhee Stake, The Church of Jesus Christ of Latter-Day Saints. APPROVAL OF MINUTES - Mayor Cotant asked for corrections or additions to regular meeting minutes of December lOth., 1991. Councilman Wood moved to approve regular meeting minutes of December loth., 1991 as read. Councilman England seconded. All council members present at meeting voted in favor of motion. APPROVAL OF DECEMBER, 1991 COMPUTER PRINT-OUT AND HAND CHECK CLAIMS Mayor Cotant asked the Council if there was a question, concerning December claims, to be paid in January. After review, Councilman Landor moved to approve computer print-out and hand check claims as presented. Councilman Wood seconded. All council members present voted in favor of motion. ADMINISTRATION OF OATHS OF OFFICE City Clerk Ron C. Conlin, administered the oaths of office to the newly elected officials of the City of Chubbuck; Council members Steven M. England and David A. Landor. City Clerk Conlin then presented Certificates of Election to newly elected officials. Councilman Wood moved, Councilman Quick seconded, with full council approval to adjourn meeting. Mayor Cotant then re-called the meeting to order with newly elected officials. CITY OF CHUBBUCK CRIMINAL PROSECUTING ATTORNEY CHANGE - Attorney Holmes stated Howard Burnett and Doug Werth have been doing the Chubbuck Criminal Prosecuting, Doug Werth is moving to Boise, and Howard Burnett has requested someone else take over the criminal prosecutions. Attorney Holmes said, Kelly Kumm is in his office, and will be taking over the criminal prosecutions..Howard Burnett was present to thank Mayor Cotant and Council for support he received in the past. 3 STATE OF CITY ADDRESS was given by Mayor Cotant, relating past accomplishments of the city together with future plans for the city. Mayor Cotant made the following Departmental and Council member appointments: Council member Roy Quick - Council member Dave Landor - Council member Steve England - Council member Dean Wood Jerry Rowland Richard Webb Cary Campbell Charlie Dickman Ron C. Conlin Steven M. Smart Thomas J. Holmes Kelly Kumm Police Parks & Recreation Fire Department & President of Council. - SICOG - Police Chief - Asst. Police Chief - Fire Chief - Asst. Fire Chief - City Clerk - Public Works Director - Civil Attorney Criminal Prosecuting Att. Councilman Quick moved to approve the above appointments. Councilman England seconded. All council members voted in favor of motion. PUBLIC HEARING - A proposal by American Heritage, Inc., P.O. Box 2684, Pocatello for a change in Land Use District, upon requested annexation to Single Family Residential (R-l), for property located on the north end of Freedom and Independence Streets (SW 1/4 of Section 4, T.CS, R.34 E). Mayor Cotant declared the public hearing open. Tim Shurtliff, 4943 Redfish was present to explain the proposal to Mayor Cotant and Council. Mayor Cotant asked for comments, for or against the proposal. There were no comments. Mayor Cotant declared the public hearing closed. Councilman Quick moved to annex property located on the north end of Freedom and Independence Streets (SW 1/4 of Section 4, T.CS, R.34E) into the City. Councilman Landon seconded. All council members voted in favor of motion. Councilman Quick moved to approve a change in Land Use District to Single Family Residential (R-l), on property located on the north end of Freedom and Independence Streets (SW 1/4 of Section 4, T.CS, R.34E). Councilman Wood seconded. All council members voted in favor of motion. 5 PUBLIC HEARING - PRELIMINARY PLAT - An application by American Heritage, Inc. for a review of a preliminary plat of Heritage No. 3 Subdivision, a subdivieion located on a tract of land at the north end of Freedom and Zndependence Streets. (SW i/4 of Section 4, T.6S, R.34E). Mayor Cotant declared the public hearing open. Tim Shurtliff, 4943 Redfish was present to explain the preliminary plat to Mayor Cotant and Council. Mr. Shurtliff stated the preliminary plat calls for 10 lots. Mayor Cotant asked for comments, for or against. There was not comment. Mayor Cotant declared the public hearing closed. PWD Smart stated, several weeks ago we contracted a pavement study. The study recommended we change our pavement standards from what they were in the past. The ordinance has not been prepared, but, American Heritage, Inc. should be advised if the Council desires, we will require the new pavement section in this development. Mr. Shurtliff stated he understands there will be a change in the street pavement standards. (Asphalt 3 1/2" - Gravel 6"). Councilman Wood moved to approve the preliminary plat American Heritage, Inc. presented for Heritage West ¢3 Subdivision, subject to: 1. American Heritage, Inc. build street to new pavement standards. 2. A cash in lieu of park dedication be paid, in the amount of $1115.18. Councilman Landon seconded. All council members voted in favor of motion. PUBLIC HEARING - A proposal by Roy J. Lacey, 12411 N. Corey Lane for a change in Land Use District, upon requested annexation, to Single Family Residential (R-l), and Limited Residential (R-2), a subdivision located on the west side of Hawthorne Road, (5500 block). Mayor Cotant declared the public hearing open. Mayor Cotant asked for comments in favor of the proposal. Tim Shurliff, 4943 Redfish represented Roy Lacey, explained the proposal to Mayor Cotant and Council. Councilman Quick asked where the two (R-2) lots PWD Smart said the (R-2) lots are the first two Hawthorne Road. are located. lots adjacent 7 PUBLIC HEARING - ROY LACEY - (cont,) Mayor Cotant asked if there were comments against the annexation and zoning. Kent Hill, 5321 Hawthorne Road stated he is concerned about the width of Hawthorne Rd., the road is not prepared to handle another 60 homes. The traffic is bad now on Hawthorne Rd., another 120 cars per day will create a safety hazard. The school bus picks children up in the area, a child could get hit. Mr. Hill felt residents bought in the area, the zoning was agricultural (a), that is what it should stay. Mr. Hill stated, if the canal is covered and the street widen, the safety hazard would probably be taken care of. Mr. Hill stated the homes in the area now, are $150,O00. to $175,000. homes, a subdivision like the one presented by Mr. Lacey will devalue the homes there now. Mr. Hill felt Mr. Lacey could make more monies developing the lots in 1/2 acre lots, residents there now, would not object. Mr. Hill expressed concern of the 8" water line on Hawthorne Rd, if there is a fire would the line be sufficient. PWD Smart reported the engineering department is analyzing the traffic and water line question now, will advise when finished Mayor Cotant stated the City has concern about the larger lots, because other residents in the City, will be subsidizing water and sewer development. Mayor Cotant stated, the City cannot dictate what size homes goes in neighborhoods. Mayor Cotant stated, it is doubtful the canal will be covered in the near future. The Council received a petition signed by most residents in the area stating, the City should develop a new zoning district, Agricultural/Ranchette, this district would require not less than 1/2 acre lots, without curb, gutter being required, allowing livestock. The petition requests the council deny the application by Roy Lacey's proposed Espie Subdivision. Mayor Cotant expressed concern there the proposed subdivision, if there could be a problem. is only one street into is an emergency, there Roy Lacey, 12411N. Corey Lane stated the Land Use Development and Commission suggested in their motion, to put a stub into the Chandler property, from Lot 8. Mr. Lacey said this will go between the house and the telephone pole. Mr. Lacey presented what he thought would be a better way to put the stub. Mr. Lacey said he could not find a way to put another street in and out of the proposed subdivision. 9 PUBLIC HEARING - ROY LACEY - (tort,) Mr. Lacey stated this subdivision will compare with his other subdivisions, and will look as good as any homes in the area. Mayor Cotant asked Mr. Lacey what his objection is to 1/2 acre lots. Mr. Lacey stated it is cost prohibitive to build 1/2 acre lots. Mr. Lacey said he is in compliance with the Comprehensive Plan, and feels this will be a good subdivision, and will not devalue other homes in the area. Mr. Lacey said the 8" is line will supply plenty of water. Mr, Lacey said he wants to sell the land, at this time, it is the most feasible way to sell it. Councilman Wood stated the reason you do not see many 1/2 acre lots on the market, is because there is less demand. Mr. Lacey passed to residents present, copies of the Restrictive Covenants prepared for the proposed Espie Subdivision. Mr. Lacey stated the Espie Subdivision will market $70,000. to $80,000. houses, this is what the demand is for at this time. Dan Wagner, 5359 Hawthorne expressed concern Mr. Lacey is not following the Comprehensive Plan, Mr. Wagner read Goal 3 of the Comprehensive Plan. Carlos Gaskins, 546 Dell Rd. said he moved to Dell Rd. because of the acreage, Mr. Gaskins is against' the annexation and zoning change. Mayor Cotant stated there are 35 vacant lots in Clark's Subdivision. Susan Cramer, 575 Homestead stated there is a demand for acre lots. Ray England, 11953 N. Hawthorne Rd. discussed the petition presented to Mayor Cotant and Council. Mr. England suggested the Council appoint someone to Chair a Committee to look into the possibility of creating a new zone. Mr. England passed to Mayor Cotant and Council, Goal 9 of the Land Use & Development Commission for discussion. 11 PUBLIC HEARING - ROY LACEY - (cont.) Margaret England, 11953 N. Hawthorne questioned the width of the sewer easement Mr. Laoey proposed. Mrs. England expressed concern of safety of children on Hawthorne Rd. if proposed subdivision is allowed. Mrs. England said, at the LU&D meeting Mr. Lacey was asked to require purchasers to install a 6' solid fence as homes were sold, Mr. Lacey said he agreed, but, in the Restrictive Covenants the fence is not required. Mrs. England expressed concern about animals. Mrs. England stated they live in the area of impact, so their suggestions should be considered. Mrs. England suggested the Council consider the petition presented. Mrs. England presented several suggestions on how Mr. Lacey could recoup his investment. Mr. Hill stated the cost to the City installing the larger water line and improving the street should be sufficient reason to turn down Mr. Lacey's application. Attorney Holmes stated Mr. Lacey's application is to be considered by the City Council, pertaining to current ordinances. Mrs. England said in her opinion, the proposed Espie Subdivision does not comply with the City of Chubbuck's Comprehensive Plan. Mr. Lacey said the fence he proposed is a net wire fence with two barbs over. Mr. Lacey said he talked to Mr. Lemmon and Mr. Orth, they will go in half on the fence. John Whitworth stated Mr. Lacey had not contacted him about any kind of fence, and felt Mr. Lacey should have. Discussion about enforcement of the Comprehensive Plan. Mr. Lacey requested all the Espie Subdivision be annexed, although the subdivision will be developed in stages, if approved. There is a 25' sewer easement on the west side of Espie Subdivision. Mayor Cotant advised Mr, Lacey there is a park dedication requirement, requiring Mr. Lacey to donate park, with turf, chain link fence and sprinkler system. Mayor Cotant said he felt another subdivision is not needed in the City at this time, Heights Subdivision has 35 vacant lots with none selling. Mayor Cotant stated Mr. Lacey has presented a good proposal. 13 PUBLIC HEARING -ROY LACEY - (cont.) Mayor Cotant declared the public hearing closed, and asked Council for discussion. Councilman Quick stated he is concerned about the one street entrance and exit, the 8" water line serving Hawthorne Rd., 800 square foot homes and the sewer line easements. Councilman England stated he would like to see a person be able to, within reason, use their property how they want to. Councilman England suggested Mr. Lacey and residents involved, be able to come to an agreement. Councilman Landor expressed concern of $70,000. homes being built next to $125,000. to $150,000. homes, also expressed concern of one street into the subdivision. Mr. Hill felt the Comprehensive Plan is not comprehensive enough, that is why the Council should consider the petition presented by residents involved, Gene Pickers, 5333 Hawthorne expressed concern of the 8 0 0 square foot homes being placed next to the larger homes. Councilman England suggested the Council should have results of the traffic, sewer and water questions, Project Engineer Gerd Dixon is working on, prior to making a decision one way or the other. Mr. Lacey stated he will increase the size of homes built to 900 square feet. Mr. Hill stated he appreciated Mr. Lacey's compromise, but it does not address the safety problems of traffic on Hawthorne Rd., also the 8" water line serving the proposed subdivision is not sufficient. Mr. Lacey stated he will see that a fence is built on the north side of the subdivision. Mayor Cotant stated the type of fence surrounding the subdivision will be addressed on the Final Plat request. Councilman Landor made motion to approve annexation of Roy Lacey's Epsie Subdivision, with a change in Land Use District to Single Family Residential (R-l), with Block 1 Lot 1, and Block 2 Lot 1 changed to Limited Residential (R-2), subject to 1) Dedication of Park Land, complete with turf, sprinkler system and 6' fence around the park, with exception of a chain or rope fence on frontage of park. 2. Requirement of 1100 sq. 15 PUBLIC HEARING - ROY LACEY - ESPIE SUBDIVISION - (cont.) ft. single level home, with 900 sq ft. ground level, two story, with a 1500 sq. ft. minimum total. 3. Net wire fence required on all sides, not fenced at this time. Councilman England seconded. Roll Call Vote: Quick, no; England, yes; Landon, yes; Wood, yes. PUBLIC HEARING - A proposal by Roy d. Lacey, for a review of preliminary plat of Espie Subdivision, a subdivision located on a tract of land on the west side of Hawthorne Rd. 5500 block (south 1/2 of the ne quarter of the ne quarter of Section 4 Township 6 South, Range 34 East B.M. Mayor Cotant declared the public hearing open, and asked for comments in favor of the proposal. PWD Smart stated the walkway between Lot 6 & Lot 7 was recommended by the Land Use and Development Commission to be deleted. PWD Smart suggested the sewer stub to through Lot 9, rather than Lot 8. Mayor Cotant declared the public hearing closed. PWD Smart stated, if the proposal is finished in phases, the City will require cash in lieu of park dedication, to be put into an escrow account. Councilman Wood moved to approve Espie Addition Preliminary Plat subject to; 1. Eliminate the lO' walk way between lot 6 and 7. 2. Sewer stub run through lot 9, instead of lot 8. 3. Council to review traffic, water line studies prior to approval of Final Plat. Councilman England seconded. Roll Call Vote: Quick, no; England, yes; Landon, no; Wood, yes; Mayor Cotant, yes. Espie Addition Preliminary Plat approved. City Clerk Ron Conlin was directed to notify residents present when approval of Final Plat of Espie Addition is requested. PUBLIC HEARING SCREENING ORDINANCE - An ordinance adding definition of screening fence and solid fence to the General Land Use definition of Chapter 18.04.050 of the Chubbuck Municipal Code. Mayor Cotant declared the public hearing open, and asked for comments. There being no comments, Mayor Cotant closed the public hearing. Attorney Holmes read the ordinance by title only, for the first reading. 17 PUBLIC HEARING - SCREENING ORDINANCE -(cont,) Council tabled the ordinance until the January 28th., 1992 Council Meeting. APPLICATION FOR REZONE - STAN LEBSACK, 4692 BURLEY DRIVE - Councilman Wood moved to table the application for rezone until Mr. Lebsack can be present. Councilman Quick seconded. All council members voted in favor of motion. PROCLAMATION - BIRTH DEFECT PREVENTION Mayor Cotant read the Birth Defect Prevention Proclamation in full. Councilman England moved to direct Mayor Cotant to proclaim January 19th. 1992, through January 25th. 1992 as "Birth Defect Prevention Week". Councilman England seconded. All council members voted in favor of motion. ORDINANCE - An ordinance adding Chapter 15.32 to the Chubbuck Municipal Code providing for new commercial uses of property to comply with existing ordinance regarding curb, gutter, sidewalk, streets and landscaping. Council tabled the ordinance until the January 28th., 1992 Council Meeting. ORDINANCE - An ordinance amending Section 18.12.040 (f) of the Chubbuck Municipal Code to the vision triangle restrictions on a driveway by a street right-of-way. Council tabled the ordinance until the January 28th., 1992 Council Meeting. PROPOSAL TO CONTRACT THE SANITATION COLLECTION AND RECYCLING IN THE CITY - Forrest Hunter, Hunter Enterprises presented a proposal at the December lOth., 1991 Council Meeting. Mr. Hunter stated, if the Council is interested in the Hunter Enterprises proposal, it takes 60 to 90 days to get the equipment in operation. Mr. Hunter asked the council to take a good serious look at the proposal. Mayor Cotant told Mr. Hunter, that because of the holidays, the council had not had sufficient time to review the proposal. The Council will review a make a decision at a later date. RENEWAL OF APPLICATION FOR DAY CARE FACILITY LICENSE - Delores Barrus, Guys & Doll Day Care Center, 4592 Burley Dr. and Darline Crump, Mother Goose PreSchool, 420 W. Chubbuck Rd. have applied for renewal of Day Care Facility Licenses. 19 RENEWAL OF DAY CARE FACILITY LICENSES - (cont.) Police and Fire Departments have approved the renewal of licenses. Councilman Landon moved to approve renewal of Delorus Barrus, Guys & Dolls Day Care Center and Darlene Crump, 420 W. Chubbuck Rd. Day Care Facility Licenses. Councilman England seconded. All council members voted in favor of motion. DAY CARE FACILITY LICENSE - Ron Daugherty, The Wizard, 149 N. 16th., Pocatello, has applied for a day care facility license to operate a day care facility at Pine Ridge Mall ¢281. Police and Fire Departments have approved the day care facility as presented. Councilman Wood moved to approve a day care facility license to Ron Daugherty, The Wizard, Pine Ridge Mall ~281. Councilman England seconded, All council members voted in favor of motion. ORDINANCE - MOBILE HOME PARK - Adding a Section 15.36.060 to the Chubbuck Municipal Code to require mobile home park owners and operators to notify the city building department within five (5) days of a unit moving into that park. Council decided to table the ordinance until the January 28th., 1992 Council Meeting. FINANCIAL REPORT for month of December presented to Mayor Cotant and Council. FINAL PLAT - BRINGHURST SUBDIVISION - PWD Smart stated the preliminary plat for Bringhurst Subdivision was approved in 1990. Approval of the preliminary plat was extended for one six month period and would have ended in about April or May, 1991. Because of shortage of he]p, the process of getting this plat reviewed and presented to the Council for final approval was neglected and fell through some cracks. PWD Smart said this was not fault of the developer or engineer but rather a consequence of some problems we had here within our own organization, PWD Smart said we have submitted this final plat to the City Council and request that it be approved, As you know the street improvements are done and the church building is well along in its construction. Councilman Wood moved to approve the Bringhurst Subdivision Final Plat as presented. Councilman Landon seconded. All council members voted in favor of motion. At 12:50 a,m,, with ful 1 21 Councilman Wood moved, Councilman England seconded, council approval to adjourn meeting. Ron C. Conlin, City Clerk