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HomeMy WebLinkAbout03 09 1982 CMCOUNCIL MEETING MINUTES 33 March 9, 1982 Minutes of the regular council meeting held in the city municipal building March 9, 1982. Present: Mayor John O. Cotant, Jr., Councilmembers Becky A. Hopkins, Dwain A. Kinghorn, Thomas S. Nield and LeRoy S. Quick, Attorney B. Lynn Winmill, Public Works Director Steven M. Smart and City Clerk Vera C. Armstrong. Meeting called to order by Mayor Cotant at 7:00 p.m. Invocation given by Bishop Gordon L. Wilks, 25th Ward, Pocatello North Stake. Mayor Cotant asked for corrections or additions to minutes of February 23 and March 2, 1982. Councilman Kinghorn moved to approve minutes of February 23, 1982. Councilman Nield seconded motions vote was unanimous in favor of motion. Councilman Nield moved to approve minutes of March 2, 1982. Councilman Quick seconded motion with full council approval of minutes. PUBLIC HEARING: James Close, 739 E. Chubbuck Rd. has applied for a conditional use permit to place a wind electrical generator on his property. Property is presently zoned Limited Residential (R-l). Mr. and Mrs. James Close were present. Mr. Phillip S. Watts, Western Liberty, Pingree, Zdaho, said they plan to supply a wind generator pleasing in sight so that neighbors will approve the construction. The 60 ft. height of generator gives the greater velocity of wind and generator would be most cost effective at this height. To lower the height to 35 ft. would reduce efficiency 20%. Mr. Watt told council that construction of a generator like the one Mr. Close would like to have installed is nearly complete in American Falls. Councilman Nield asked about the noise factor. Mr. Watt answered that he did not expect the noise to be over 10 decibels above the outside background noise. Councilman Kinghorn asked about the maintenance activity. Mr. Watt said once a year maintenance would probably suffice. Councilman Nield asked about the danger of lightning factor. Mr. Watt said it would be adequately grounded and that he is not aware of any danger. Mrs. Mary Bunce said she would like to be able to see one and be able to hear the noise one creates, and also concerned of the aesthetics, they had installed underground wiring in their sub- divisions to beautify the area and now will everyone want to install 60 ft. generators. Mr. Dean Groesbeck said his concern was the same about aesthetics as Mrs. Bunce, and he is also concerned about the safety of generator in area. PUBLIC HEARING CONT'D: Mayor Cotant suggested the matter be tabled until the generator in American Falls is completed and can be observed for noise and aesthetics. Mr. Close remarked that if this is turned down or tabled, how is the city going to know the answers and questions concerning acceptance of wind generators. Mr. Close added that the structure is the best that he has seen. Councilman Nield said he would also like to observe the completion of the wind generation in American Falls. Councilman Kinghorn moved to table this matter until the council has the opportunity to go to American Falls and see the generator in use on a windy day. Councilman Nield seconded. Vote was unanimous in favor of motion. DENNY's INCORPORATED RESTAURANT - Discussion of access road to the proposed business. Mr. Fred Schuerman was present and requested that a building permit be approved for the Denny's Inc. Restaurant. Mr. Schuerman said he had contacted Mr. Bullock~ representative of Pocatello Industrial Park, which are apparently owners of the easement, concerning dedication of the easement to the city. Mr. Bullock refused to deed the easement to the city at this time. In the discussion of installation of curb, gutter and sidewalk, Mayor Cotant said if it becomes necessary for curb, gutter and sidewalk to be installed on Denny's Inc. property then the plan will forego the green area between curb cuts along the easement. A discussion followed with Attorney Winmill recommending that the city require Mr. Schuerman to indemnify the city, and require a bond to city against any future claims arising concerning access from easement. Mayor Cotant told Mr. Schuerman the city would like to get some donations toward a new fire truck and certainly would appreciate any donations he or Denny's Inc. would make. After further discussions, Councilwoman Hopkins moved to authorize city building department to process, through ordinary course, a building permit being requested by Mr. Fred Schu~rman for Denny's Inc., subject to the following conditions; 1) By taking this step, the city does not take any position with respect to the applicant, that is Mr. Schuerman's right to the use of the easement owned by the State for ingress and egress; 2) That Mr. Schuerman provide the city with an agreement, satisfactory to the city attorney, in- demnifying, defending, and holding the city harmless from any claims that might be brought against the city as a result of this action, and that that agreement for indemnification be supported by an audited financial statement or by a bond in the amount satisfactory to city attorney; 3) That the applicant, Denny's Znc., agree to install curbs gutter and sidewalk at the point designated by the city, if that area is dedicated to the city or at the applicant's property line; and 4) That applicant, Denny's Inc., bear the cost of improving the road to the point of the applicant's developed property, if an agreement can be reached with the owner of the property to dedicate that land to the city for public road and that it be approved to city standards. Councilman Kinghorn seconded motion. All council- members voted in favoe~ of motion. 35 37 FINANCIAL STATEMENT for month of February presented to mayor and council. CLAIMS TO BE PAID in March presented to mayor and council. After reviewing~ Councilman Nield moved to pay claims as presented, to be paid in March. Councilman Quick seconded motion. All councilmembers voted in favor of motion. WELL LOT - At Attorney's suggestion, Councilman Quick moved to authorize the city attorney to institute legal proceedings to join the foreclosure sale of that lot in Heritage West Subdivision #1, which is designated as city lot, in the recorded plat, for the purpose of installing a city well. Councilwoman Hopkins seconded motion. All councilmembers voted in favor of motion. CITY CLEAN-UP - Mayor Cotant asked Terry McCurdy and Dan Kurtz, Chubbuck businessmen into meeting and told them the city needs a good clean- up campaign, and asked them if they would help. They agreed to help with this project. Tentative dates for clean-up were set during May with the emphasis from May 15th to June 1st. LAND USE ORDINANCE DRAFT - A few provisions of ordinance were discussed. At 10:lO p.m., Councilman Nield moved to adjourn meeting until March 16, 1982 at 7:00 p.m. Councilman Kinghorn seconded motion, with an unanimous vote in favor of mot~x~ ~ O. Cotant, Jr., Mayor Vera C. Armstrong, City Clerk/~