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Home My WebLink About07 24 1984 CMM. COUNCIL MEETING MINUTES July 24, 1984 Minutes of regular council meeting held in the city municipal building, July 24, 1984. Present: Mayor John O. Cotant, Jr., Councilmembers Becky A. Hopkins, Thomas S. Nield, Steven M. England, Attorney B. Lynn Winmill, Engineer Steven M. Smart, and City Clerk Ron C. Conlin, Councilman Leroy S. Quick was excused. Meeting called to order at 7:35 p.m. by Mayor Cotant. APPROVAL OF MINUTES - Mayor Cotant asked for corrections and additions to the council meeting minutes of July 10, 1984. Councilman Nield moved to approve the minutes of July 10 as written. Councilwoman Hopkins seconded. All councilmembers present voted in favor of motion. CHASE PARK PETITION - At the July 10th council meeting, it was decided to provide the representatives from each side of the Chase Park dispute with 10 minutes to present their views to the council at the July 24th council meeting. It was also decided to solicit a vote of the affected residents, with the vote to be held at the city offices throughout the day on July 24. Mayor Cotant stated that this vote would only bean advisory vote to the council and that it would not be binding on the council in any way. Attorney Winmill also pointed out that the city council could not delegate its authority to the residents and that the decision would have to be made based upon all of the considerations, including sound planning principles, safety concerns, and the sentiment expressed by the public. Each of these considerations would be considered by the council in making its decision and it was important for the persons participating in the voting procedure to realize that the council could well decide to act contrary to the marjoiijty position expressed during the voting procedure. Tom Barnes, 4574 Tahoe was present and presented the views of the residents in favor of the street extention. Mr. Barnes stated that the main concern of residents he had talked to was safety and good city planning. Alane Hale, 4573 Tahoe was present and presented the views of the residents not in favor of the street extention. Mrs. Hale stated the main concern of the residents not in favor of the street extention is safety of the children. After considerable discussion Councilman Nield made motion -- that Tahoe Street not be extended. Councilman England seconded. Roll call vote: Hopkins, no; Nield, yes; England, yes; Quick, absent. APPEAL TO COUNCIL- Brent V. Simonson, 589 Canal Street was present to explain to Mayor Cotant and Council why he is appealing the Land Use Commission decision on July 5, 1984. E APPEAL TO COUNCIL - BRENT SIMONSON Mr. Simonson stated that it was represented to him and he purchased his home with the understanding that his home was built for and intended to have a double car garage attached to it. He said that he was told by the builder that there was room for the garage and that the lot was the same as others in a subdivision that had double car garages. Mr. Simonson said this was an important factor to him and it was a definite hardship on him when he was told months later that the home had been misplaced by the builder on the lot leaving him short of room in which to build the garage. Mayor Cotant asked if there is a way to record a non-use easement for a strip of land 8' wide on Mr. Gamble's property so as to insure that the minimum total setback of ten feet would be maintained. Mr. Gamble indicated that he would be willing to grant Simonson a negative easement on his land to insure that there would also be at least 10' between the Simonson garage and any structure on his property. Councilman Nield asked Mr. Gamble if he realized that he would not be able to build any kind of structure in the easement in the future. Mr. Gamble stated that he did understand this. Councilman Nield moved to reverse the Land Use and Development Commissions' decision and grant the variance for the following reasons: (1) a purpose of the setback requirement is to control density and granting of the variance in this case would not increase density; (2) an additional purpose for the setback requirement is to provide the separation between structures for fire control and access, and the granting of the negative easement by Mr. Gamble will insure that the properties will have adequate fire separation; (3) a further purpose of the setback requirement is to provide off-street parking for recreational vehicles and the need for such off- street parking is not affected by the granting of a variance allowing Mr. Simonson to construct a garage; (4) The land involved of such size and configuration that it would create a private hardship not required to protect the public interest to compel the applicant to adhere strictly to the provisions -- of the zoning ordinances; (5) the hardship was not created or allowed to occur by the applicant, the land owner or any of their agents; (6) the hardship was not known or foreseeable at the time when the land in questions was acquired; (7) the hardship is serious, immediate and unavoidable; and (8) alleviating the hardship will not create a possible present or future hardship for any other private party nor will it be contary to the public interest. Councilman Nield's motion also included the condition that the variance only be granted after Mr. Simonson has acquired from Mr. Gamble an 8' non- use easement which would prohibit Mr. Gamble from placing any structure except for a fence or vegetation within 8' of Mr. Gamble's property line adjoining Mr. Simonson's property. Councilman England seconded. Roll call vote: Hopkins, yes; Nield, yes; Endland, yes; Quick, absent. ORDINANCE #253 - Empowering the city to extend collection and/or water system and allocate cost of installing and constructing. Ordinance #253 has been read 3 separate occasions. Councilwoman Hopkins moved to adopt Ordinance #253 as read. Councilman England seconded. Roll call vote: Hopkins, yes; Nield, yes; England, yes; Quick, absent. HERITAGE WEST SUBDIVISION - Attorney Winmill stated he had received a letter from Old Stone Mortgage, Mr. Gibson and Mr. Briscoe saying they would agree to insure payments for annexation fees be made to the City. Councilwoman Hopkins suggested holding the building permits if the fee was not paid. After considerable discussion Councilman England made motion to authorize and direct Mayor Coant to enter into an agreement to release American Heritage Builders, Inc., Mr. Gibson and Mr. Briscoe from their obligation and personal guarantee on the deannexation agreement subject to the following conditions: (1) the agreement shall be entered into only after the city has completed the deannexation process for the undeveloped property that was annexed pursuant to the annexation agreement; (2) Old Stone Mortgage confirm in writing that they will collect the sum of $540.00 per lot for each unsold lot that is now held in their name upon any sale of said lots, whether they're sold in bulk or individually; (3) Mr. Gibson and Mr. Briscoe pay to the city the sum of $540.00 that was not collected on a lot sold previously without the payment of the annexation fee to the city. Councilman Nield seconded. Roll call vote; Hopkins, yes; Nield, yes; England, yes; Quick, absent. GENERAL DISCUSSION: 1) Sewage Treatment agreement with City of Pocatello 2) Progress at Cotant Park 3) School at Whitaker Road and Syphon Road CLAIMS - Handcheck claims presented to Mayor Cotant and Council. Councilwoman Hopkins questioned the claim for $8.00 to wash police vehicles. It was decided to check with Chief Stone and find out if the car washes were approved by Cheif Stone before the car washes. Councilman Nield moved to approve the claims as presented. Councilman England seconded. All councilmembers present voted in favor of motion. At 10:24 p.m. Councilwoman Hopkins moved, Councilman Nield seconded, with full council approval to adjoun meeting. r &4 Ron C. Conlin, City Clerk )924 John O. Cotant, Jr. Mayor