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HomeMy WebLinkAbout09 22 1992 CMCOUNCIL MEETING MINUTES September 22, 1992 210 Minutes of regular meeting held in the city municipal building, September 22, 1992. Present: Mayor John O. Cotant, Council members Leroy S. Quick, Steven M. England, W. Dean Wood, Attorney Thomas J, Holmes, Public Works Director Steven M. Smart and City Clerk Ron C. Con]in. Meeting was called to order at 7:35 p.m. by Mayor Cotant. INVOCATION was given by Pastor Jim Frisbe, Chubbuck United Methodist Church. APPROVAL OF MINUTES - Mayor Cotant asked for corrections or additions to Regular Meeting Minutes of September 8, 1992 and Special Meeting Minutes of September 15, 1992. Councilman Wood moved to approve regular meeting minutes of September 8, 1992 as read. Councilman Quick seconded. All council members present voted in favor of motion. Councilman England moved to approve the Special Meeting Minutes of September 15, 1992 as read. Councilman Wood seconded. All council members present voted in favor of motion. PUBLIC HEARING - An application by Joe Osier, 11010 W. Hickory Dr., Boise, Idaho for a change in the City's Comprehensive Plan, and a change in Land Use District to Limited Residential (R- 2), with respect to a parcel of land, 13.80 acres, located near the SE corner of Hawthorne Rd., (4700 block), and W. Chubbuck Rd. to the Canal. The property is currently zoned Agricultural (A). Mayor Cotant declared the public hearing open, asking for comments, for, or against the proposal. Mr. Osier stated the Comprehensive P]an now states the property's future use as Commercial (C-2), Mr. Osier felt that any commercial should lie east of the canal on W. Chubbuck Road. The Comprehensive Plan can only be changed once every six months, which will make the next allowable change, January 14, 1993. Mr. Osier said changing the Comprehensive Plan after January 14, 1993 will not cause him a problem. LoRee Nobles, 13243 W. Siphon Rd. spoke in favor of the proposal. Teresa Denkers, 962 Stone spoke in favor of the proposal. PUBLIC HEARING - JOE OSIER 212 Mayor Cotant declared the public hearing closed. Councilman Quick suggested, because of Cotant Park being so close, Mr. Osier contribute cash in lieu of park dedication, instead of park ]and. Councilman Wood stated the city is in favor of growth within the City. Hrs. Nobles suggested Cotant Park is over used, she felt Hr. Osier should contribute land for another a park. Discussion about potential purchase of land north of City Property for additional park area, this will slow the demand for Cotant Park. Attorney Holmes stated an ordinance proposing a change Jn the Comprehensive Plan will be presented six months after the last change. Councilman Quick moved to give Mr. Osier approval to proceed with the proposal. Attorney Holmes will prepare an ordinance for change of the Comprehensive Plan to be presented at a January, 1993 Council Meeting. Councilman Wood seconded. All council members present voted in favor of motion. FINAL PLAT - TYHEE ESTATES SUBDIVISION - An application by R. A. Albers, 10250 Oakshire Dr. for review of a final plat of Tyhee Estates located north of Tyhee Road, between Moonglow and Hiline Roads. Tim Shurtliff, Shurtliff Engineering presented the Tyhee Estate Subdivision Final Plat, explaining the plat is in compliance with the preliminary plat. Mr. Shurtliff stated there are 25 lots ranging in size from 1 acre to 2.9 acres. PWD Smart said the City impact agreement adopted by the City and County provides that the County subdivision ordinance requirements would be utilized in all subdivisions located within the Chubbuck area of City impact except those parts of the impact area lying within one mile of the City limits. /hose parts of the impact area would be sub3ect to the City subdivision ordinance requirements. Most of this subdivision lies within the one mile impact area. PWD Smart stated there are several aspects of the design drawings that do not conform to City Standards: FINAL PLAT - TYHEE SUBDIVISION 214 1. Water line is shown to be PVC (AWWA 0-900} pipe rather than ductile iron pipe as required by the City. 2. Thrust blocks are not shown at tees and elbows. 3. Several items in the detail drawings for the well house and other areas that should be addressed before the drawings are approved for construction. Since our subdivision regulations prevail in this subdivision, those details should be cleared up before we sign the plat, Mr. Shurtliff stated the 4- line is more than capable of carrying the capacity of the we]]. All lines in the street are 6" as required. Discussion about a cooperative water system with the whole area. Mayor Cotant expressed concern about no sewer in an area of one acre and larger lots. Mayor Cotant, PWD Smart and Council were in agreement the PVC (AWWA c-900) pipe will work as well as the ductile iron pipe in this situation. Discussion about possible insufficient water to service fire hydrants. PWD Smart stated the City will work with Tim Shurtliff to take care of concerns, Councilman Wood moved to approve the Tyhee Estates Subdivision Final Plat subject to PWD Smart approval of conditions. Councilman England seconded. All council members voted in favor of motion. COMPLAINT - DUST CREATED WITH MOTORCYCLES RIDING CANAL BANK - Theron Driever, 695 Homestead said he has called the police several times, tried to talk to the kids, but, the dust and noise is so bad his family cannot open windows in his house. Chief of Police Rowland said kids in the neighborhood ride their dirt bikes along the canal bank. In the past residents have complained about the noise, dust or both, there i8 not much the Police Department can do, because the property is owned the residents. Lo Ree Nobles, 13243 W. Siphon Road stated she heard complaints about boys riding along the ditch bank. Mrs. Noble stated five boys approached her about riding their dirt bikes on her property, property is next to Espie Subdivision. Mrs. Nobles said she gave the boys permission to ride the dirt bikes on her property. Mrs. Nobles said if all the residents COMPLAINT (cont.) - 216 work together, the dust and noise problem can be brought to a minimum. Mayor Cotant stated, one problem is the City is in an non- attainment area, Federal Funds can be cut if we do not do everything possible to stop pollution. Motor bikes, Motor Vehicles were specifically mentioned as a dust problem. Attorney Holmes said this is a civil problem that should be worked out with the residents. Teresa Denkers, 982 Stone about the dust, loitering, the canal bank. said her family also complaints language used and noise of kids on Chief Rowland said the problem is a city wide problem, it continues from spring to winter. Chief Rowland said a complaint has to be filed, then the Police Department can take action. Chief Rowland stated if a resident sees an under aged child riding his motor bike on a city street, advise the Police Department, it will be taken care of. Mayor Cotant advised residents allowing these motor bikes on their property, they could possibly have a liability problem, if someone is in3ured on their property. Attorney Holmes stated the City has no jurisdiction outside of city limits. Attorney Holmes stated City Officials will discuss the problem, and come up with a way to address the concerns. Mayor Cotant advised riders of the motor aware if in some way they start a fire, for the suppression of the fire. bikes they should be they will be billed Councilman England suggested that when the Council looks at an ordinance addressing the concerns, these residents be invited to the council meeting for their input. ORDINANCE ¢383 - An ordinance defining and establishing standards for the practice of massage or massage therapy; requiring additional information for business license purposes. Mayor Cotant and Attorney Holmes read Ordinance #383 for the first reading in full, third reading by title. Councilman England moved to dispense with the rule of reading Ordinance ¢383 in full on three separate days. Councilman Quick seconded. Roll Call Vote: Quick, yes; England, yes; ORDINANCE ~383 - (cont.) 218 Landon, absent; Wood, yes. Councilman Quick moved to adopt Ordinance ~383 as read. Councilman Wood seconded. Roll Call Vote: Quick, yes; England, yes; Landon, absent; Wood, yes. ORDINANCE #384 - An ordinance adopting standards for the operation of tattoo establishments. Mayor Cotant read Ordinance #384 in full for the first reading. Attorney Holmes stated the only existing tattoo establishment reviewed the ordinance, the tattoo establishment meets all the requirements of Ordinance ~384. Councilman Quick moved to dispense with the rule of reading Ordinance #384 on three separate days. Councilman Wood seconded. Roll Ca]] Vote: Quick, yes; England, yes; Landon, absent; Wood, yes. Councilman England moved to adopt Ordinance #384 as read. Councilman Quick seconded. Roll Call Vote: Quick, yes; England, yes; Landon, absent; Wood, yes. ORDINANCE - URBAN RENEWAL PLAN FOR THE CHUBBUCK DOWNTOWN IMPROVEMENT PROJECT - Mayor Cotant read the Urban Renewal Plan for the Chubbuck Downtown Project for the first reading. PERSONNEL POLICY CHANGE - VACATION - Each year after ten years of employment, an employee will receive one day per year up to the fifteen year, which will give them a maximum of 20 days vacation. An example of how it will be implemented is; October 1, 1992, if an employee has been employed by the City twelve years, he or she will be entitled to two extra vacation days. Councilman England moved to amend the Chubbuck City Personnel Vacation Policy to allow an employee each year after ten years of employment, one day per year up to the fifteen year, which will give her or him a maximum of 20 days vacation. Councilman Wood seconded. All council members present voted in favor of motion. PERSONNEL POLICY DISCUSSION - SICK LEAVE Councilman England stated where he works, the employee is not compensated for accumu]ated sick leave when he or she retires, but, when employee retires, a certain amount of the sick leave accumulated can be deferred to payments on employees health insurance premium. Councilman England said it is not dollar for dollar, but, a formula is applied. 220 PERSONNEL POLICY DISCUSSION - SICK LEAVE (cont.) Councilman England stated he will find out the formula used to defer the sick leave to employee insurance premium and report Pack to council. Councilman Quick moved to amend Sick Leave Policy to, as of September 1, 1992 an employee will not be compensated for fifty percent of his/her accumulated sick leave days for the first ninety days and twenty five percent of the remaining accumulated sick leave days. The amount accumulated to September 1, 1992 wi]] be compensated upon retirement on]y. Councilman England seconded. All council members present voted in favor of motion. CLAIMS - Computer print-out claims presented %o Mayor Cotant and Council. Councilman Quick moved to approve claims as read. Wood seconded. All council members present voted motion. Councilman in favor of GENERAL DISCUSSION - 1. Discussion about requirements of Espie Subdivision. Discussion about landscaping requirements required of Hancock's Conditional Use Permit on storage sheds located by the Bannock County Fairgrounds. Ordinance requires the landscaping. Discussion about water standard required. 3. PWD Smart reported the 16" water line is under the interstate. At 10:05 p.m., Councilman England moved, Councilman Wood seconded, with full council approval to ad3ourn meeting. Ron C. Conlin, City Clerk /John 0 Cotant, Mayor 4 MEMORANDUM TO: Mayor Cotant and City Council FROM: Steven M. Smart DATE: September 22, 1992 RE: Tyhee Estates Subdivision final plat. On June 9, 1992 the City Council approved the preliminary plat for this subdivision. This was the second meeting that the plat was before the City Council. The approval of the preliminary plat was subject to the following conditions: 1. Curb, gutter and sidewalks would not be required. Fire hydrants would not be required, but provision made in the construction to add them in the future when the water system production was sufficient to sustain the required fire hydrant flows. 3. The street would be build according to Bannock County standards. 4. To investigate a common water system in the area. That the approval of the individual sewage disposal systems be left to the District Health Department. The staff review of the preliminary plat and the construction drawings was completed recently. We have the following comments: PLAT The north-south street name "Happer Lane" is not shown on the plat· CONSTRUCTION DRAWINGS The area of City impact agreement adopted by the City and County provides that the County subdivision ordinance requirements would be utilized in all subdivision located within the Chubbuck area of City ~mpact except those parts of the impact area lying within one mile of the City limits. Those parts of the impact area would be subject to the City subdivision ordinance requirements as provided in Idaho Code (I.C. 50-]306). Most of this subdivision lies within the one mile impact area. There are several aspects of the design drawings that do not conform to our City standards. Particularly those relating to the water system design. For example, the design drawings show a four inch water line coming from the well house over {o the distribution system in Happer Lane. The water line is shown to be PVC {AWWA C-900) pipe rather than ductile iron pipe as required by the City. Also, thrust blocks are not shown at tees and elbows. We have also found several items in the detail drawings for the well house and other areas that should be addressed ~efore the drawings are approved for construction. Since our subdivision regulations prevail in this subdivision, those details should be cleared up before we sign the plat. There is probably no reason why the City Council couldn't approve the final plat subject to these various requirements·