Council approves WyoGains subdivision with a tie breaker

At the July 23, Town of Basin Council meeting the request for WyoGains to subdivide their property on Fourth Street was approved. 

Councilpersons Mike Dellos and Stuart DesRosier voted no on the Planning and Zoning Committee’s recommendation to approve the subdivision. Councilpersons Linda Weeks and Chuck Hopkin voted yes.  Mayor CJ Duncan broke the tie with a yes vote. 

Prior to the vote the council, mayor and P & Z member Carl Olsen had an extended conversation regarding the subdivision. Town Attorney Kent Richins also provided his legal opinion. 

Dellos who is also a P & Z member explained the process the committee with through.  They made the recommendation to approve with conditions.  Those were:  The developer provide  proof that all permits required by WYDOT have been obtained; For the proposed sewer connection on Fourth St/US Highway 20  the developer shall connect to the town’s main water line on Fifth Street rather than the proposed connection on Fourth Street as recommended by the town’s public work’s department. 

Hopkin asked public works director Tony Harrison if the WYDOT permits were in place. Harrison said according to WYDOT there are no permits for this district at this time.   Harrison also noted that WYDOT could deny the permits because digging up a highway for non-emergencies is not standard procedure. 

Later in the meeting Richins added additional conditions: provide covenants; a performance bond; a development agreement; a contract guarantee adequacy of improvements. 

Dellos commented that most of the people of the town don’t want the business that is considering building a store on the property.  He is also concerned about the business hurting other established businesses in town. “When we talk about the welfare of the community and those things I think we ought to really seriously look at if we want to put some of our businesses in jeopardy because we approve this.” He continued that he is for fair competition, but the town already has a store in town that is very similar to the proposed one. He wants the town to think about this and what the people of the town have expressed. 

Weeks asked if the town could do this. She asked Richins his opinion. He noted the subdivision is not just one lot. There are two lots. If the town votes against the subdivision they are impacting two lots, not just the one with the proposed business. He reminded the council that the vote tonight is only on the subdivision not who might buy it. It is not a final plat. 

Duncan cautioned, “You ought to be extremely careful because right now the discussion is about just the right to subdivide the land. Not about who may or may not purchase the land. If the subdivision plat is finally approved and they are given the right to develop their final plat and move forward. That is the subdivision. Then they have to come in and apply for building permits, provide a site plan for the building, parking, run off. There are a whole lot of more orders that go with it.” Dellos pointed out that those are on the site plan currently. 

What concerns Duncan was if the council votes against the subdivision that later another business wants to come in that like a hardware store or auto parts store.  Are the town and council going to say that is a good idea?  

He continued that in this case; the public/town knows what the potential business is. If that wasn’t known would the vote be different? 

After the motion to approve moved forward, each councilperson expressed their thoughts. 

Weeks expressed that she believes in property rights. She doesn’t see how the town can tell the property owner that he can’t subdivide. It is council’s responsibility to set personal feelings aside. She doesn’t see how legally the council can vote no. 

Dellos told Weeks he agrees with her but is concerned about putting a business in that nobody wants. The council should vote yes on the property owners right to sell the property. Yet, it is one step further in bringing something to town that is not wanted. 

DesRosier stated he agrees with Dellos overall and noted he agrees with Weeks on her concerns about the property rights.” He added that he agrees also with Duncan’s comment about if the town didn’t know what the proposed business was would they vote differently. However, since they do know he is voting no. 

Prior to voting yes for the approval of the subdivision of the preliminary plat, Duncan pointed out that the town only heard from about 10% of the residents. Most of the 10% are not in favor of the business that wants to come to Basin.  However, 10% is not the majority of the people in town. He would welcome having more resident input and involvement. “It is a big deal with the community shows up and we have a grownup discussion about the future of Basin. 

OTHER BUSINESS

• Audience members Dean Eibert, Phil Hartman, Rowan Hartman asked questions and stated their concerns about the subdivision throughout the meeting. Eibert was concerned about the proposed water line since there have been three water breaks on that line in the last few years. Also, that it is a failing cast-iron line. Another concern of his was the maintenance on the street The Hartman’s asked about covenants. Richins did note that he had asked the developer about covenants and was told there are none, but he did add them to the conditions request. Covenants are not governed by the town; they are governed by the landowner. 

• The permit for the Big Horn County parade was approved. 

•The 24-hour alcoholic beverage permit for Lisa’s Western Cuisine and Spirts was approved pending a letter from the town of Greybull. The letter confirms that the town approves Lisa’s using their license outside of Greybull town limits. 

• Weeks gave updates on the Beautification and Activity committees. The Beautification Committee has offered to paint the outside of town hall when the weather cools. They would also like to paint the crosswalks on the walking path. The crosswalks would have dog paws, etc. to remind people it is a walking path, not for motorized vehicles. There was also an idea to have food trucks come to town once or twice a month for an evening event. 

• Hopkin provided the Rec District update including the hiring of Jill Lorash. He said she is doing a good job and already gotten new sponsorships. 

• Dellos gave a report on the South Big Horn County Joint Powers Board meeting. He noted there is a plan to widen the Rairden Bridge. The water line is in the easement. 

• A building permit was approved for a fence for Davies on South Seventh. Harrison said the project had already been started. He asked them to stop until a permit was approved, and corner stakes were established.