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HomeMy WebLinkAbout05 12 1992 CMCOUNCIL MEETING MINUTES 105 May 12, 1992 Minutes of regular meeting held in the city municipal building, May 12, 1992. Present: Mayor John O. Cotant, Council members Leroy S. Quick, Steven M. England, David A. Landor, 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 7:30 p.m. by Mayor Cotant. APPROVAL OF MINUTES - Mayor Cotant asked for corrections or additions to the council meeting minutes of April 28, 1992. Councilman Wood moved to approve regular meeting minutes of April 28, 1992 as read. Councilman Wood seconded. All council members voted in favor of motion. PUBLIC HEARING - A proposal by Jim Worthen, 730 E. Chubbuck Road, Chubbuck, Idaho for a review of a preliminary plat of Worthen Subdivision, located west of 4868 and 4884 Johannsen Place. Mayor Cotant declared the public hearing open. RaNae Worthen, 730 E. Chubbuck Rd. explained to the Council that they are selling half of the lot to pay the cost of improvements on the road. The lot is shaped so the buyers can have access to the paved portion of the street, which is only paved half way. Tim Shurt]iff, Shurtliff Eng3neerlng said the uti]3ties are on Johannsen's side of the street. Scott Beech, 936 E1 Rancho spoke in favor of the proposal stating he will purchase half the lot Jf approved. Mr. Beech asked for a temporary building permit, so he can get going. PWD Smart stated, Jf the preliminary plat Js approved, and if the council so desires we could authorize issuance of a building permit for foundation. Mayor Cotant declared the public hearing closed. Discussion about Reserve strip fees for Worthen Subdivision: Reserve Strip Cost - Payable to R. Johannsen Abutting street -87.07LF * $43.87/LF = $3,819.76 Pro-rata share of first 190 LF of Johannsen Place - 1.36Ac * $2,445.96/Ac = $3,326.51 Sewer stub = $ 200.00 107 PRELIMINARY PLAT - JAMES WORTHEN - (cont.) Land value = $ ? TOTAL $7~346.27 Fees Payable to City Guarantee to improve remaining street frontage - 112.59LF · $43.87 = $4,939.32 Sewer plant capacity + $ 235,00 Water Service = $ 675.00 TOTAL $5,849.32 This amount is payable to the City and will be collected prior to issuing any building permit. Councilman England moved to approve the preliminary plat of Worthen Subdivision located west of 4868 and 4884 Johannsen Place, subject to 1) Park dedication fee of $181.76 per lot be paid. 2) Warranty Deed to satisfy the reserve strip costs with Johannsen, be presented to the City. 3) Pay to improve remaining street frontage $4,939.32, Sewer plant capacity fee of $235.00 and water service fee of $675.00 for a total of $5,849.32. Councilman Landon seconded. All council members voted in favor of motion, Councilman England moved to authorize the building department to issue a building permit for Scott Beech to pour a foundation only, on Lot 1, Block 1 of Worthen Subdivision. Councilman Landon seconded. All council members voted in favor of motion. PUBLIC HEARING - ORDINANCE ~374 - An ordinance amending Chapter 17.16 of the Chubbuck Municipal Code to require park land dedication or contribution in lieu of dedication to include land, turf, sprinkler system and an exterior fence of six foot chain link and chain and post around the exterior of the park in a configuration to be approved by the City. Mayor Cotant declared the public hearing open. There being no comment, Mayor Cotant closed the public hearing and asked for comment from the council. Tim Shurtliff, Shurtliff Engqneering suggested half of the cost of the road frontage be included in the park dedication fee. Attorney Holmes stated a significant change such as th~s, be sent back through the Land Use and Development Commission. PWD Smart suggested the last sentence in 17.16.140 be deleted. 109 PUBLIC HEARING - ORDINANCE ~374 - (cont.) - Mayor Cotant read Ordinance ~374 in full for the first reading. Councilman Wood moved to dispense with the rule of reading Ordinance #374 on three separate days. Councilman England seconded. Roll Call Vote: Quick, yes; England, yes; Landon, yes; Wood, yes. Councilman Landon moved to adopt Ordinance ¢374, subject to deleting the last final sentence in 17.16,140 ("If any portion of a cash contribution in lieu of park and recreation land dedication is not expended for the purposes set forth in this section, five years from the date of receipt, it shall be refunded to the developer who made such contribution"). Councilman Quick seconded. Roll Call Vote: Quick, yes; England, yes; Landon, yes; Wood, yes. ORDINANCE - An ordinance adding Section 18.32.030(o) to the Chubbuck Municipal Code to provide standards for vehicle sales sites. Attorney Holmes read the ordinance in full for the first reading. Mayor Cotant declared the public hearing open. Discussion about 18.32.030(o) (c) sales sites in existence on the effective date of this ordinance shall have to be paved no later than ten (10 years after the effective date of this ordinance). Councilman Wood expressed concern of requiring the existing sites to pave. After considerable discussion, the council decided to table the ordinance until the May 26, 1992 Council Meeting. FINAL PLAT - RICKERT SUBDIVISION - PWD Smart gave a report on the request from Walmart. PWD Smart said he did not have a problem with the Council approving the Rickert Subdivision Final Plat subject to staff approval of the construction drawings. PWD Smart pointed out, even though the Final Plat is approved, the Final Plat is not signed until all conditions are met. Councilman England moved to accept the R]ckert Subdivision Final Plat, subject to Mayor Cotant and Staff review and approval of construction drawings, and other requirements FINAL PLAT - RICKERT SUBDIVISION - {cont.) - 111 being met. Councilman Landon seconded. All council members voted in favor of motion. PRELIMINARY PLAT - An application by R. A. Alters, 10250 Oakshire Dr., Carmel, California for a review of a preliminary plat of Tyhee Estates, a subd3vislon located north of Tyhee Rd. between Moonglow and Hiline rd. The application for the preliminary plat was tabled at the April 28, 1992 Council Meeting for evaluation of soil samples, in regards to individual subsurface sewage disposal systems. The Southeastern District Health Department delivered two responses to the questions this week. Steven Pew, Environmental Health Specialist noted that even though the soils issue has be addressed and they were found to be acceptable for individual subsurface sewage disposal systems there are still other items that the developer has not adequately addressed with the SDHD. Until these items are addressed to their satisfaction, the SDHD will not give its approval to the proposed subdivision. Tim Shurtliff, Shurtliff Engineering stated he did not need the SDHD approval until they get to the final design. Mr. Shurtliff gave a report on costs of sewer as opposed to septic tanks. Mayor Cotant stated he felt a sewer system should be installed at this time, rather than later. Mayor Cotant said if you talk to any of the residents in the area now, they would tell you all the problems they have had with sebtic tanks. Most of the residents in the area would be willing to pay their share of a sewer system installation. After discussion, Councilman Quick moved to table the preliminary plat, then invite residents in the area to the next Council Meeting. Councilman Landon seconded. All council members voted in favor of motion. FIREWORKS PERMIT APPLICATION - Alaina Ulrich and Jeanne Hymas, 301 Hyrl and 328 Myrl, Pocatello have applied to operate a fire works stand at 4010 Yellowstone Ave. Kellie Willie was present to address any questions the Council might have. FO Campbell stated he would like to have the seven days as required by ordinance to check out the fire works permits. FC Campbell suggested the fireworks permit be tabled until he has time to review. FIREWORKS PERMIT APPLICATION -(cont,) 113 After discussion, the Council decided to table the fireworks permit application of Alaina Ulrich and Jeanne Hymas, Myrl St. until the May 28, 1992. PROCLAMATION - "POPPY DAYS" in full. Mayor Cotant read the proclamation Councilman Quick moved to direct Mayor Cotant to proclaim, May as Poppy Month, and the 15th. and 16th. of May, as "Poppy Days". Councilman England seconded, All council members voted in favor of motion. ORDINANCE ~375 - An ordinance enacting Chapter 8.32 of the Chubbuck Municipal Code to provide for the regulation and control of the burning of materials; to provide for the issuance of a permit for open burning, to provide for civil and criminal penalties for violations of this Chapter. Attorney Holmes read Ordinance #375 in full for the first reading. FC Campbell said Bannock County's ordinance is just about identical to this, Councilman Landon moved to dispense with the rule of reading Ordinance ¢375 on three separate days. Councilman England seconded. Roll Call Vote: Quick, yes; England, yes; Landor, yes; Wood, yes. Councilman England moved to adopt Ordinance #375 as read. Councilman Quick seconded. Roll Call Vote: Quick, yes; England, yes; Landor, yes; Wood, yes. CHUBBUCK DEVELOPMENT AUTHORITY - Scott McDonald, SICOG presented a copy of the Chubbuck Development Authority ByLaws. Mayor Cotant presented the following names to be on the Board of Commissioners: Mayor John O. Cotant Chairman 4 year term David A. Landor 4 year term Steven M. England 4 year term Leroy S. Quick 4 year term Kent Kearns 2 year term Carolyn Meline 2 year term Glenn McMinn 2 year term The Chubbuck Development Authority will meet prior to City Council Meetings once a month. The first meeting will be May 26, 1992, at 6:30 p.m. 115 CHUBBUCK DEVELOPMENT AUTHORITY -(cont.) Councilman Quick moved to amend Resolution ¢4-92, Section 3, to read "The Mayor shall submit for Council approval the names of seven (7) appointees to serve on said agency". Councilman Landon seconded. All council members voted in favor of motion. CLAIMS - Computer print-out claims presented to Mayor Cotant and Council. Councilman Landon moved to approve computer as read. Councilman England seconded. All voted in favor of motion. print-out claims council members FINANCIAL REPORT for month of April presented to Mayor Cotant and Council, SIDEWALK REPAIR ON JAMES ST. - PWD Smart presented costs on repairing curb, gutter and sidewalks on James and Mesquite Streets. Curb and gutter costs - $7,969.00 Sidewalk (inc. drway sections) - $19,680.00 After discussion, Council decided to table the sidewalk repair, At 10:55 p.m., Councilman Quick moved to go into executive session meeting to discuss a potential lawsuit against the City of Pocatello regarding sewer fees imposed by Pocatello, as authorized by Idaho Code 67-2345 (f). Councilman Landon seconded. 100% of council voted in favor of motion. Discussion about a proposal from Elam, Burke and Boyd Law Firm for the consideration in representing the City of Chubbuck ni a potential lawsuit against the City of Pocatello, regarding sewer fees imposed by Pocatello. No action or final dec~sion was made. At 11:30 p.m., Councilman England moved to adjourn from executive session meeting to regular meeting. Councilman Wood seconded. All council members voted in favor of motion. POTENTIAL SEWER RATE LAWSUIT - Attorney Holmes gave a report on the proposal from Elam, Burke and Boyd Law Firm to Mayor Cotant and Council. PWD Smart stated we have asked Forsgren & Associates to prepare a plan of study, which is a request to the State to fund a facility planning study. This study should give us an POTENTIAL SEWER RATE LAWSUIT - (cont.) 117 idea what the State thinks of the City of Chubbuck having our own separate facility plant. Councilman Landon moved to authorize Attorney Holmes to approve a ]aw firm to represent the City of Chubbuck to complete an initial review and analysis of the case and to provide the City a legal opinion concerning the merits of the case, chances of recovery and specific costs and fees to pursue the litigation. Councilman England seconded. All council members voted in favor of motion. At 11:40 p.m., Counci]man Landon mcr/ed, Councilman England seconded Ron O. Conlin, City Clerk