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HomeMy WebLinkAbout10 14 1980 CMCOUNCZL MEETING MINUTES 167 October 14, 1980 Minutes of the regular council meeting held in the city municipal building, October 14, 1980. Present: Mayor John O. Cotant, Jr., Councilmembers Becky A. Hopkins, Dwain A. Kinghorn, Earl L. Romriell, Attorney Donald L. Burnett, Jr., Engineer Steven M. Smart and City Clerk Vera C. Armstrong. Councilman LeRoy S. Quick excused. Meeting called to order at 8:00 p.m. Mayor Cotant asked for any corrections or additions to minutes of September 17, 23, 24 and October 7, 1980. Motion was made by Councilman Romri611, seconded by Councilwoman Hopkins to approve minutes of meetings conducted on September 17, 23, 24 and October 7, 1980. Unanimous vote in favor. PUBLIC HEARING ITEM: Larry C. Hunter has requested a conditional use permit to place two signs at 4805 Yellowstone. Engineer Smart noted the business has moved and request mat not be necessary. Councilman Kinghorn moved to table this public hearing item and direct the clerk to write a letter to applicant and request their attendance at the next city council meeting, if not in attendance council will be required to deny request. Councilwoman Hopkins seconded motion with all councilmembers voting in favor. PUBLIC HEARING ITEM: Alvah L. Mathews is requesting a conditional use permit te place a mobile home on his property at 5261 Lucky. Mr. Mathews has had a mobile home on this property for years and moved it off without realizing the city had changed zones in the city. The Land Use Commission has recommended the change. After some discussion, Councilman Kinghorn moved to grant the conditional use permit to Mr. Mathews to place a mobile home on his property at 5261 Lucky. Councilman Romreill seconded motion. Roll call vote: Hopkins, no~ Kinghorn, yes; Romriell, yes. PUBLIC HEARING ITEM: Roy J. Lacey, developer of the proposed Espie Subdivision which lies west of Hawthorne Rd. and north of the Dell Acres Subdivision presented his preliminary plat. Proposed plat is outside city limits. Engineer Steven M. Smart said plat contained the needed information. The park gound proposal was not firm. Mr. Smart recommended a looped water line from the Dell Acres Subdivision to the Espie Subdivision. Mayor Cotant asked if any consideration had been given to widening Hawthorne Road, bringing attention to the danger of the canal along Hawthorne Road. Mayor Cotant also brought to the attention of Mr. Lacey and council that this subdivision is outside city limits and of the extra burden and costs a subdivision places on the city and that the city has an agreement with the Heritage West developers to pay $540.00 per lot as a consideration to be annexed into the city. 169 PUBLIC HEARING - ESPIE SUBDIVISION - Mr. Lacey told council he has been considering making an offer of one acre of park ground at a different location that would adjoin the present Stuart Park within the city, and offered help to develop the same. Mrs. England, read a letter from Mr. and Mrs. Ray England, property leesee and Mr~Mrs. James E. Walton, property owners to the north of the proposed subdivision. They requested that the developer, Mr. Lacey install a seven foot chain link fence with plastic inserts along the northern boundary of the proposed subdivision. Mr. Lacey said he would agree to install a 47-48 inch farm fence with two barbed wires on top or a pole six inches above the farm fence or install a six foot no-climb fence. Mayor Cotant asked that a fence six feet in height that is suitable with all parties be installed. Attorney Burnett asked Mr. Lacey to provide city with title report showing that Mr. Lacey has clear title to all property to be dedicated as public utilities and rights-of-way and suggested that the minutes reflect this be an pre -condition of recording of the final plat. The above consideration because of property line question in area of subdivision. Engineer Smart and Councilwoman Hopkins calculated that if Mr. Lacey gives the acre of park ground worth $10,000. that $400. per lot would be an equitable annexation consideration. Councilman Kinghorn moved to table this item until after further discussion and consideration on offer of land exchange has been made to an adjourned meeting to be held next Tuesday evening, October 21, 1980 at 8:00 p.m. Councilwoman Hopkins seconded motion with an unanimous vote in favor, Mr. Lacey has requested annexation and proposed zoning for the subdivision. These items of public hearing will be tabled also. PUBLIC HEARING - Scott Bird, 4404 Burley Drive, is requesting a land use district change from Residential - 2 to Industrial, also a conditional use permit to use the property for a commercial boarding and breeding dog kennel. Attorney Burnett advised that due to a recent decision on changes of zoning, any presentations on rezoning need to have remarks on tape and asked that anyone for or against change of zone come up to council table to present their comments. Mayor Cotant asked for any comments for or against this request. There being no comments, Councilwoman Hopkins moved to grant the land use district change from Residential 2 to Industrial as proposed in the comprehensive plan. Councilman Kinghorn seconded motion. All councilmembers voted in favor. The Land Use Commission recommended the land use district change. Attorney Burnett requested the legal description of the Scott Bird property to prepare the land use change ordinance. CONDITIONAL USE PERMIT request on using the property for a commercial boarding and breeding kennel. Attorney Burnett suggested Mr. Bird submit information needed for design review on the proposed commercial boarding and breeding dog kennel. Mayor Cotant told Mr. Bird the conditional use permit would be con- sidered at a later meeting. 171 PUBLIC HEARING - Variance request of Mark L. and Mary B. Bunce, 755 E. Chubbuck Rd. This request was originally a land use district change and conditional use permit to place a four-plex building on same. Mr. Bunce is making the request and plans to sell the property to Mr. and Mrs. Dewey Hess. At the Land Use Commission meeting it was determined the request should be for a variance instead of conditional use permit. Mr. and Mrs. Bunce and Mr. Hess were present. Mayor Cotant opened hearing and asked for comments. Mr. and Mrs. Larry S. Stanton, 4711 Chateau, claimed they are within 300 feet of property being considered and did not receive proper notice. Attorney Burnett said that if anyone was present they could waive notice of hearing, however, if there is property within 300 feet of property considered in hearing that have not received a notice, hearing would have to be reheld. Engineer Smart proceeded to check if all residents with the 300 foot requirement had been notified. Mr. Mark Bunce submitted the following materials in support of his request and Attorney Burnett asked that minutes reflect a list of the materials; 1) photographs of four-plex owned by Mr. Hess, 2) plot plan of proposed four-plex and developed yard and parking, 3) four letters from individuals renting from or living near present four-plex Mr. Hess owns, 4) letter from Mark and Mary Bunce to neighbors and concerned citizens, letter also sent to mayor and councilmembers. After checking records Engineer Smart said letters should have been sent to several owners located within 300 feet of Mr. Bunce's property. Attorney Burnett informed those present that in his opinion the notice is defective, proceedings before both the Land Use and Development Commission and City Council will have to be reinstituted following the giving of proper notice, applicant has already paid fee, that no additional fee should be paid, but that the city should forthwith give proper notice and re-schedule these hearings. Attorney Burnett said he would make one observation to help focus the new issue. Mr. Burnett said that it seems to him that regardless of whether this is characterized as keeping the Residential 1 zone and applying for a variance or on the other hand of getting a Residential two zone and then getting a conditional use for a multiple family dwelling, the key question here is, is it consistent with the comprehensive plan and if it isn't, should the plan be changed, that is the real issue. Mr. Burnett suggested for Mr. Bunce's consideration, that what Mr. Bunce is really asking for is a change of the comprehensive plan, and Mr. Bunce may wish to submit an application for change of the plan in the alternative to his application for a simple variance, so that if the council or the commission should decide that the variance cannot be granted because it would conflict with the plan, Mr. Bunce would then have at least the opportunity to argue that the plan should be changed and whether that will be done rests entirely in the discretion of the city council, following submission of a recommendation by the Land Use and Development commission. Mr. Burnett said he thought that will properly frame the issues, and that the issues were not properly framed tonight, however, that is entirely aside from the defect in the notice. 173 EASTERN POWER COUNTY FIRE DISTRICT - Commissioners John Butterfield, Oliver Ames and Connie Rowland were present to discuss renewal of fire protection agreement. Mayor Cotant said the city would still like to tie the contract fee to the equal of one mill. Mr. Butterfield informed council they were froze at the same levy as previous years. Attorney Burnett asked if council was satisfied with the present $10,000 contract fee. If no change is contemplated, Mr. Burnett said he would make a written memorandum to renew contract. John Butterfied asked that city clerk send a copy of the fire protection agreement to them. Councilman Kinghorn moved for Attorney Burnett prepare a memorandum of renewal on the interagency fire contract with Eastern Power County Fire District with the same terms and same monetary amount as in the last agreement. Councilwoman Hopkins seconded motion with an unanimous vote in favor. Attorney Burnett prepared the memorandum of renewal of interagency agreement for fire protection services to the Eastern Power County Fire District and Mayor Cotant read memorandum in full. Councilman Romriell moved to approve the interagency agreement, Councilman Kinghorn seconded motion, with an unanimous vote in favor. POCATELLO VALLEY FIRE PROTECTION DISTRICT - Leonard Kovit, commissioner, reviewed the progress of their fire district. Mr. Kovit requested help from the City of Chubbuck in protecting their district until their fire truck and equipment is ready. Mayor and Council dis- cussed entering into a short term contract for fire coverage. Mr. Kovit asked if city would be interested in a per-call basis. Mayor Cotant said the city prefers not to enter into a per-call basis agreement. Mayor suggested a fee of $2500 for the two and one-half month period until January 1, 1981. After further discussion Councilwoman Hopkins moved to authorize Mayor Cotant to enter into an interagency agreement with the Pocatello Valley Fire Protection District to provide fire protection services effective October 15, 1980 for the consideration of $1,000.00 per month or part thereof until the Fire District serve written notice they desire to terminate service, but in no event any later than February 15, 1981 and the consideration to be paid no later than November 1, 1981. Councilman Kinghorn seconded motion with an unanimous vote in favor. PINE RIDGE MALL FINAL PLAT - Scott Rhead, Forsgren & Perkins Engineer and Cliff Williams, Field project manager for Pine Ridge Mall, presented the final plat and request approval. Engineer Steven M. Smart and Attorney Don Burnett both stated they see no material change in the final plat from the preliminary plat. Engineer Smart brought out the fact that the highway widening project just completed by Pine Ridge Mall has left a low spot where water collects. 175 PINE RIDGE MALL FINAL PLAT - cont'd - As an inducement to the city to approve final plat that the developer represents to the city, that the water problem on Yellowstone would be alleviated as rapidly as possible and that in the meantime, immediately there would be such barricades and lighting and other preventive measures taken that may be needed in order to protect the public utility pressure. Councilman Romriell moved to approve the final plat but recommend the mayor not sign the final plat mylar copy until the Yellowstone Highway water collection problem is alleviated. Councilwoman Hopkins seconded motion, vote was unanimous in favor. CONSIDERATION OF SHOP BIDS - After discussing the shop bids, mayor and council passed on any action until further research has been done on additional costs of building. APPROVAL OF CLAIMS - After reviewing the claims, Councilman Kinghorn moved to approve claims as presented to council. Councilwoman Hopkins seconded motion, all councilmembers voted in favor. CROSS CONNECTION ORDINANCE - Ordinance was read by title only by Attorney Burnett and accepted as the first reading of ordinance. Councilman Romriell moved, Kinghorn seconded, with council approval to adjourn meeting until 8:00 p.m. Tuesday, October 21, 1980 at 12:00 o'clock midnite. Vera C. Armstrong, City Clerk~