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HomeMy WebLinkAbout03 24 1992 CM75 COUNCIL MEETING MINUTES March 24, 1992 Minutes of regular meeting held in the city municipal building, March 24, 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. APPROVAL OF MINUTES - Mayor Cotant asked for corrections or additions to Special Meeting Minutes of March 10, 1992. Councilman Wood moved to approve Special Meeting minutes of March 10, 1992 as read. Councilman England seconded. All council members voted in favor of motion. Councilman Quick moved to approve regular meeting minutes of March 10, 1992 as read. Councilman Wood seconded. Alt council members voted in favor of motion. PUBLIC HEARING - A proposal by American Heritage, Inc., Box 2684, Pocatello, Idaho for a change in Land Use District, upon requested annexation to (R-l) Single Family Residential, for property located on the north end of Freedom and Independence Streets. (SW 1/4 of Section 4, T.6.S.). Mayor Cotant declared the public hearing open. Mayor Cotant asked for comments for, or against the proposal. The was no comment for, or against the change in Land Use District, upon requested annexation. Mayor Cotant closed the public hearing. Councilman Landon moved to approve the change in Land Use District, upon requested annexation to (R-l) Single Family Residential. Councilman Quick seconded. All council members voted in favor of motion. After further discussion, Councilman Wood abstained from voting, because of a possible conflict of interest. Councilman Landon moved to approve the change in Land Use District, upon requested annexation to (R-l) Single Family Residential. Councilman Quick seconded. Roll Call Vote: Quick, yes; England, yes; Landon, yes; Wood, abstain. PUBLIC HEARING - An application by American Heritage, Inc., Pocatello, Idaho, for review of preliminary plat of Heritage West ~3, a subdivision located on a tract of land at the north e~d ~f Freedom and Tnd~n~nd~nc~ 77 PUBLIC HEARING - REVIEW OF PRELIMINARY PLAT (cont.) Mayor Cotant declared the public hearing open and asked for comments for, or against the proposal. There being no comment, Mayor Cotant declared the public hearing closed. Ordinance requires gang mail boxes in new subdivisions. American Heritage No. 3 has agreed to put gang mail boxes on the final plat. Councilman Landon moved to approve the preliminary plat American Heritage, Inc. presented for Heritage West No. 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 $1,115.18. 3. Gang mail boxes be recorded on final plat. Councilman England seconded. All council members voted in favor of motion, After further discussion, Councilman Wood abstained from voting on the proposal, because of possible conflict of interest. Councilman Landon to approve the preliminary plat American Heritage, Inc. presented for Heritage West No. 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 $1,115.18. 3. Gan9 Mail boxes be recorded on final plat. Councilman England seconded. Roll Call Vote: Quick, yes; England, yes; Landon, yes; Wood, abstain. PUBLIC HEARING - A proposal by Roy d. Lacey, 12411 No. Corey Lane for a change in Land Use District, upon requested annexation to (R-l), Single Family Residential, and Limited Residential (R-2), & subdivision located on the west side of Hawthorne Rd. (5500 Block). Mayor Cotant declared the public hearing open. Ray England, 11953 Hawthorne Rd. stated the Espie Subdivision is not in the City yet, but the City Engineer is supervising the sewer, grading of the streets prior to approval of the subdivision. Mr. England expressed concern about procedures around approval of the subdivision. Mr. England said he felt like the approval of the Espie Subdivision is a scam, being pushed through, without a lot of consideration given to the residents in the area. Dan Wagner, 5359 Hawthorne Rd. expressed concern about the City not giving residents within the 300' area, 15 days notice after the Land Use & Development Commission Meeting decision. 79 PUBLIC HEARING - ZONING CHANGE ESPIE SUBDIVISION - Attorney Holmes stated the reason these public hearing were started over, was because the original public hearing notice was not published in the newspaper as required. Attorney Holmes stated the City of Chubbuck publishes a joint notice in the newspaper. This gives notice of the Land Use Meeting and notice of the City Council Meeting in one notice. Mayor Cotant declared the public hearing closed. Councilman England moved to approve a change in Land Use District for Espie Subdivision, upon requested annexation to (R-l) Single Family Residential, with Block 1, Lot 1, and Block 2, Lot 1 changed to Limited Residential (R-2), subject to 1) Cash in lieu of Park Dedication Fee of $181.76 per lot. 2) Requirement of 1100 sq. ft. single level home with 900 sq. ft. minimum total, 3) Net wire fence required on all sides, not fenced at this time, Councilman Landor seconded. Roll Call Vote: Quick, yes; England, yes; Landor, yes; Wood, Abstained because of possible conflict of interest. PUBLIC HEARING - A proposal by Roy d. Lacey, 12411 No. Corey Lane for a review of a preliminary plat for Espie Subdivision, a subdivision located on a tract o¢ land on the west side of Hawthorne Rd. (5500 block), (South 1/2 o¢ 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, for or against the proposal. Ray England, 11953 N. Hawthorne Rd. requested Councilman Wood withdraw Crom voting. Mr. England stated Mr. Wood is a realtor, therefore Mr. Wood might have an opportunity to sell houses constructed in the Espie Subdivision. Maggie England, 11953 N. Hawthorne Rd. thanked Mr. Lacey for the changes he made from the original preliminary plat. Mrs. England stated the subdivision will be better, because of the changes. Mrs. England expressed concern that just a few of the public were allowed to speak at the original hearing, Mr. Lacey stated the park will be platted on the south west corner, rather than the location on original plat, Councilman Landon stated he felt the public hearings regarding the Espie Subdivision, were handled well by Mayor Cotant and Attorney Holmes. After testimony received, this was a Council decision. PUBLIC HEARING - PRELIMINARY PLAT 81 ESPIE SUBDIVISION - (cont.) Councilman Quick stated, in the original public hearings on Espie Subdivision he had concerns about one road access, if 6" water line is adequate and is sewer line adequate. Councilman Quick said we received a report back from the professionals, the concerns were satisfied. Councilman Quick stated he had concern Mr. Lacey started work on the Espie Subdivision prior to the approvals. Mr. Lacey was informed by the City prior to him starting the subdivision, that there is a risk if he starts construction. Mayor Cotant said it is not the Mayor or Chubbuck City Council's intention to limit public input on any item. If there is a controversial matter, we might limit the public to a time limit per person, that's because the public might say the same thin9 over and over again. Mayor Cotant statec he felt everyone was given an opportunity to speak. Councilman Landon moved to approve the Espie Subdivision Preliminary Plat subject to; 1) Eliminate the 10' walk way between Lot 6 and 7. 2) Sewer stub run through Lot 9, instead of Lot 8. 3) Cash in lieu of Park Dedication Fee of $181.76 per lot. Councilman Quick seconded. Roll Call Vote: Quick, yes; England, yes; Landon, yes; Wood, Abstain because of possible conflict of interest. FINAL PLAT APPROVAL - HERITAGE WEST NO. 3 SUBDIVISION - A subdivision located on a tract of land at the north end of Freedom and Independence Streets. Councilman Quick moved to approve the Final Plat for Heritage West No, 3 Subdivision subject to, 1) Gang mail boxes recorded on Plat. 2) Cash in lieu of Park Dedication Fee of $181.76 per lot. Councilman Landon seconded. Roll Call Vote: Quick, yes; England, yes; Landon, yes; Wood, abstained because of possible conflict of interest. FINDINGS OF FACT~ CONCLUSIONS OF LAW AND DECISION - HERITAGE WEST NO. 3 SUBDIVISION - Council decided to table the Findings of Fact, Conclusions of Law and Decision until the April 14, 1992 Council Meeting. ORDINANCE ~369 - ANNEXATION OF HERITAGE WEST NO. 3 SUBDIVISION - An ordinance annexing certain lands to be included within the boundaries and jurisdictional limits of the City of Chubbuck. Mayor Cotant read Ordinance ~369 in full. 83 ORDINANCE ~369 - (cont.) Councilman Quick moved to dispense with the rule of reading Ordinance ~369 on three separate days. Councilman England seconded. Poll Call Vote: Quick, yes; England, yes; Landon, yes; Wood, abstained. Councilman Quick moved to adopt Ordinance ¢369 as read. Councilman Landon seconded. Roll Call Vote: Quick, yes; England, yes; Landon, yes; Wood, abstain, FINAL PLAT FOR ESPIE SUBDIVISION - Roy J, Lacey, final plat approval for Espie Subdivision, a subdivision located on a tract of land on the west side of Hawthorne Rd. (5500 Block Discussion about gang mail box requirement. Kent Kearns, Chairman of Land Use and Development Commission stated there are three points of concern, 1. Problem with repair of Hawthorne Rd. and James Ave. Pedestrian bridge. 2. Problem of Hawthorne and Siphon Rd. intersection. 3. Width of Hawthorne Rd. PWD Smart will get with Bannock County and Fort Hall Irrigation to see if there can be a joint effort on the Hawthorne Ave. and Siphon Rd. intersection. PWD Smart stated the City crew will start work on the Hawthorne and James Street pedestrian bridge in approx, three weeks. Discussion about extending the walkway on Hawthorne Rd. to Espie Subdivision. Mr. Kearns suggested Mr. Lacey contact Lemons and Chandlers about exact location of stub outs, so it does not adversely effect them. Mr. Lacey stated this has been discussed, Councilman Quick moved to approve the Final Plat for Espie Subdivision subject to 1) The Restrictive Covenants be noted on the Final Plat. 2) Cash in lieu of Park Dedication Fee of $181.76 per lot. 3) Gang mail boxes to be recorded on Final Plat. Councilman England seconded. Roll Call Vote: Quick, yes; England, yes; Landon, yes; Wood, abstained. FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - ESPIE SUBDIVISION Council decided to table the Finding of Fact, Conclusions of Law and Decision until the April 14, 1992 Council Meeting. ORDINANCE ~370 - ANNEXATION OF ESPIE SUBDIVISION - An annexing certain lands to be included within the and jurisdictional limits of the City of Chubbuck. 85 ordinance boundaries Mayor Cotant read Ordinance ~370 in full. Councilman England moved to dispense with the rule of reading Ordinance #370 on three separate days. Councilman Landor seconded. Roll Call Vote: Quick, yes; England, yes; Landor, yes; Wood, abstained. Councilman Landor moved to adopt Ordinance ¢370 as read. Councilman Quick seconded. Roll Call Vote: Quick, yes; England, yes; Landon, yes; Wood, abstained. REVIEW OF PRELIMINARY PLAT TYHEE ESTATES - After discussion, Council decided to table the Review of the Preliminary Plat of Tyhee Estates until results of soil testing can be presented to the Council from the Health Department. PROPOSED CHUBBUCK DEVELOPMENT PLAN - TAX-INCREMENT FINANCING FOR INFRASTRUCTURE IMPROVEMENTS FOR POSSIBLE RETAIL BUSINESS EXPANSION- Scott McDonald, Bannock Planning Organization explained how the Tax-Increment Financing works. Mr. McDonald passed to Mayor Cotant and Council a list of steps in creating an Urban Renewal Plan, and sell revenue allocation funds. Mr. McDonald stated these steps will be required to be finished by the end of the year. Councilman Wood moved to proceed with Revenue Allocation-Tax- Increment Financing for Infrastructure Improvements, and direct a Resolution be drafted for review at the April 14, 1992 Council Meeting. Councilman Quick seconded. All council members voted in favor of motion. RESOLUTION ~3-92 - A resolution authorizing the execution and filing of a petition for judicial confirmation, pursuant to Title 7, Chapter 13, Idaho Code, with respect to certain wastewater collection system improvements; finding and declaring that a proposed loan agreement and evidence of indebtedness pursuant thereto constitute "ordinary and necessary expenses" of the City within the meaning of Article 8, Section 3, Idaho Constitution; and providing an effective date. Mayor Cotant read Resolution ~3-92 in full. 87 RESOLUTION #3-92 - (cont,) Councilman England moved to adopt Resolution #3-92 as read. Councilman Landor seconded. All council members voted in favor of motion, ORDINANCE ¢371 An ordinance adding Section 1.12.040 to the Chubbuck Municipal Code to provide civil remedies for violation of the Chubbuck Municipal Code, Mayor Cotant read Ordinance ~371 in full. Councilman England moved to dispense with the rule of reading Ordinance #371 on three separate days. Councilman Landor seconded. Roll Call Vote: Quick, yes; England, yes; Landor, yes; Wood, yes. Councilman Wood moved to adopt Ordinance #371 as read. Councilman Landon seconded. Roll Call Vote: Quick, yes; England, yes; Landor, yes; Wood, yes. CLAIMS - Computer print-out presented to Mayor Cotant and Council. Councilman Wood moved to approve computer print-out claims as read. Councilman Quick seconded. All council members voted in favor of motion, GENERAL DISCUSSION - The Council directed PWD Smart to invite all Whitaker Road property owners to a Council Meeting to discuss sidewalk requirement. Ray England, 11953 Hawthorne Road stated an easement runs under his driveway. He said about a year ago the City went to his house and made an attempt to bring the easement level, because of the settling. The City tried to fill, but, the easement is still sinking. Mr. England asked Mayor Cotant and Council if they will send an engineer to his driveway, and make a recommendation. Mayor Cotant stated the City will check it out. At 9:59 p,m., with full council approval Councilman Wood moved, Councilman Landor seconded, to adjourn meeting. Ron C. Conlin, City Clerk