HomeMy WebLinkAbout07 10 1979 CM COUNCIL MEETING MINUTES 129
July 10, 1979
Minutes of the regular council meeting held in the city municipal building,
July 10, 1979.
Present: Mayor John O. Cotant, Jr., Councilmen Boyd L. Fullmer, Dwain A.
Kinghorn, LeRoy S. Quick, Earl L. Romriell, Engineer Steven M. Smart, City
Clerk Vera C. Armstrong. Attorney Donald L. Burnett excused.
Meeting called to order at 8:00 p.m. by Mayor Cotant.
Mayor Cotant asked for any corrections or additions to council meeting minutes
of June 26.
Councilman Kinghorn moved to accept minutes as written of June 26 council
meeting. Councilman Quick seconded motion with an unanimous vote in favor.
PUBLIC HEARING - Don Neves, 4815 Hawthorne, has appealed the ruling of the
Planning and Zoning Commission denying a variance request to place a
sign larger than ordinance allows in a residential zone.
Mr. Neves would like to place a three by five foot sign and attach to his
garage, with indirect lighting.
Mr. Neves submitted a petition with thirteen signatures, of residents in
area, approving placement of the sign.
Mr. Neves told council he thought his location, which borders present
commercial use, was a bit different from being in the middle of a subdivision.
Councilman Kinghorn stated the Planning and Zoning Commission felt that
a larger sign should not be allowed on a residential lot for a home occupation.
Mr. Neves questioned why variances were allowed in ordinance if city has
a blanket objection to allowing certain variance requests.
Councilman Fullmer agreed that the location of Don's Studio is bordering
commercial and questioned the practicality of a one foot by two foot sign,
and voiced opinion that sign would be compatable to the location if placed
on his building and the placement reviewed each year for possible objections
to use.
Councilman Romriell, stated that it has been a continual objection to have
commercial extend into the residential area beyond Hawthorne. With all due
respect to the Planning and Zoning Commission in protecting residential
areas from commercial signs, he feels this particular location and particular
sign could be approved if it is reviewed each year and reconsidered for
neighborhood objections.
Councilman Kinghorn asked the council to consider the position they put
the Planning and Zoning Commission in by approving the variance appeal.
Mayor Cotant said he felt this particular location warrants the
consideration of allowing the sign.
Councilman Romriell moved to grant the appeal of Mr. Neves from the ruling
of the Planning and Zoning Commission. To allow the sign since no opposition
has been noted from residents, because of locality and surrounding properties,
with the understanding that if placement of sign proves not to be of the best
use and generally opposed, that the sign is to be removed. Variance appeal
a~proval to be reviewed yearly by Land Use and Development Commission.
{Koll call vote: Fullmer, yes; Kinghorn, no; Quick, yes; Romriell, yes.
k~;~Councilman Fullmer seconded motion.
~"~'ADBITION~gpC~ (~
'~.~.. ADDITION: Councilman Quick read from the minutes of the Planning and
Zoning meeting and it was reiterated to Mr. Neves that his /~'/
business variance request was approved on the condition that ~'
it be reviewed on a yearly basis. ~ ~
131
PUBLIC HEARING APPEAL-Don Neves - cont'd - Councilman Fullmer asked that
minutes reflect the discussions of the evening and that council does
consider the concerns for the people in the area and that it is to be
reviewed for further consideration.
PUBLIC HEARING - VACATION OF A PROPOSED STREET TO BE KNOWN AS SOUTH BUFFALO RD.
The city has requested the hearing concerning the vacation.
Mayor Cotant told those present that the city has been advised this proposed
street is at a poor location, and the city wants to vacate.
Max Parrish asked if city has ever closed any other street, and added that
city has rejected any development plans they have submitted.
Mayor Cotant told Max Parrish and Mr. and Mrs. Kent Parrish that the
reason the city decided on Residential - 1 zoning in the Comprehensive
Plan zone, for property which this street will serve, is that a Planned
Unit Development could be platted which could contain a combination of
single-family residential, multiple residential and commercial development.
Max Parrish said this particular dedicated right-of-way is the only
practical access to their property which lies east of the canal and how
can the city say they are going to vacate this only access, without
providing another access.
Mayor Cotant said the city considers the proposed street to be at a
dangerous location because of being so close to a future four lane
intersected street and it is the responsibility of council to avert a
traffic problem.
Mrs. Kent Parrish asked what the city proposed as an alternative.
Max and Kent Parrish asked if the city would build an access street
across the canal at a location south of East Chubbuck Road.
Mfs. Kent Parrish asked if the city closes North Buffalo Road would the
city build another road across the canal for the residents to the
north, and if so, will the city build a road to the south to replace the
access taken away by vacating South Buffalo Road.
Mayor and council said the city is not in the business of building
streets. Mayor Cotant said the city is looking for an alternative
to this road.
Mr. and Mrs. Kent Parrish asked if city would give the dedicated right-
of-way property to the Land Investments, Inc. in exchange for them
building a road across the canal at another location.
Councilman Romreill said the city could consider this.
Mrs. Parrish asked mayor and council if they would meet with them to
make an on-site inspection to determine where an alternative street
could be locate.
Councilman Fullmer said he feels there needs to be a starting point and if
city needs to meet and study the location, they should do so. Councilman
Fullmer advised the Parrishes to take a look at area with renewed perspective
because Of the residents outlook on commercial development, which could be
included in a Planned Unit Development.
133
PUBLIC HEARING - PROPOSED SOUTH BUFFALO ROAD - cont'd - Engineer Smart
said he would like to see cost estimates and evaluate the cost of constructing
and developing one hundred sixty-five foot of street to serve the Land
Investments, Inc. property versus the cost of building a bridge across the
canal.
Councilman Quick moved to table the public hearing to vacate the proposed
South Buffalo Road for further evaluation and determination as to any
possible alternatives. Councilman Kinghorn seconded motion. All councilmen
voted in favor.
PARK SUBDIVISION - Mark Bunce has submitted the letter of request.
Engineer Smart said the full inspections have been made and all construction
has been approved.
Councilman Romriell moved to accept dedication, maintenance of the street,
water, and sewer line improvements constructed to serve the following lots
in Mountain Park Subdivision: All of Block 1; All of Block 2; lots 1 through
20 of Block 3; and lots 1 through 4 of Block 4. Councilman Quick seconded
motion. All councilmen voted in favor.
Mr. Bunce requested a letter be sent to Bunce, Alder, & Bunce, Inc. verifying
this action.
CLAIMS - Mayor Cotant asked for any comments on approval of claims.
After a thorough review of claims, Councilman Kinghorn moved to approve
the claims as presented, including the additional claims as listed on the
agenda, with the exception of claim to Earl L. Romriell.
seconded motion with full approval of the council.
Councilman Fullmer
Councilman Quick moved to approve the claim of Earl L. Romriell, Councilman
Fullmer seconded motion. Councilmen Fullmer, Kinghorn and Quick all voted
in favor. Councilman Romriell abstained from voting.
CLEAN-UP - Mrs. Dean Renfrow, 226 Mingo Lane, said she felt the city should
do something about the junky condition of Mingo Lane. They have their
place listed for sale and people will not even look at their place because
of the conditions. Mrs. Renfrow said she would like to take Mayor Cotant
and Councilman Romriell down Mingo Lane to look at the street.
Mayor thanked Mrs. Renfrow for coming in.
FIRE PROTECTION - Mayor Cotant announced that the city volunteer fire
department will not answer any fire calls outside the Northern Bannock
County Fire District.
Councilman Romriell noted the city can be reimbursed for fires that are
on federal land, and asked for a copy of the article from the City Report
to be sent the Fire Chief and Fire Department personnel.
GENERAL DISCUSSION ITEMS:
1. Sprinkling park only and not streets at the Victor and Teton Park
area.
2. Follow-up on safety aspects of canal along Hawthorne.
3. Meeting with Pocatello City regarding fire line water to the
Pine Ridge Mall.
4, Wolfstone, Donley, false arrest insurance - Mr. Wolfstone has
requested approval to insure the city for false arrest coverage.
Councilman Fullmer to carry through on this item.
5. Fence between Mobile Manor and Briarwood. Council requests that
Attorney Burnett send letter to developers of Briarwood.
6. Engineer Smart informed council he has received two bids on
roofing job for well houses. Mayor Cotant asked Engineer Smart to
get a bid from Earl Cellan and others if possible.
7. Sprinkler system for Bicentennial Park. Additional lines needed for
complete water sprinkling coverage.
8.
135
Proposed street - Vic Herbert has presented a proposal for development
of a street from Burnside east to the canal and then north to Evans
Lane. This will be considered at a later time.
Councilman Kinghorn moved, Quick seconded with full council approval to adjourn
meeting at 11:30 p.m.
Vera C. Armstrong, City C~rk