HomeMy WebLinkAbout11 13 1979 CM COUNCIL MEETING MINUTES 201
November 13, 1979
Minutes of the regular council meeting held in the city munucipal building
November 13, 1979.
Present: Mayor John O. Cotant, Jr., Councilmen Boyd L. Fullmer, Dwain A.
Kinghorn, LeRoy S. Quick, Earl L. Romriell, Attorney Donald L. Burnett, Jr.,
Engineer Steven M. Smart and City Clerk Vera C. Armstrong. Mayor Cotant
excused himself from meeting and was absent from 8:00 p.m. to 8:15 p.m.
Meeting called to order at 8:01 p.m. by President of Council Dwain A. Kinghorn.
President of Council Kinghorn asked for any correction or addition to
minutes of council meetings of October 23, 25, and November 7, 1979.
After reviewing minutes, Councilman Quick moved to approve minutes as written
of October 23, 25, and November 7, 1979. Councilman Romriell seconded
motion with an unanimous vote in favor.
SENIOR CITIZEN CENTER - Dewey Doss, Chairman of the North Bannock County
Senior Citizen Group asked the mayor and council if they would be
interested in helping them with support to explore the posibility of
gaining a senior citizen building in Chubbuck. Mr. Doss said the city
might be able to help appl~nd secure a federal fund grant to develop * CORRECTI~.~
a senior citizen center~ as opposed to a community center of the type a~ail~b~e
Attorney Burnett asked Mr. Doss if his group was eligible to make rocatemmo. ~r
application for a federal grant.
Mr.could Doss do this. said he did not know for sure but he thought only a municipalitY.correcti~.~
funding through the City of Pocatello
federal
Attorney Burnett asked Mr. Doss if
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Mr. Doss said he was not sure but felt the Pocatello Community Center
is already filled for use with community activity and that the senior
~b~y -
citizens pe~ -we~l~-~e~ be-ab~e-~e-~e-~e-b~-~o-a~y-~wea~
e~e~. would have greater control and use of a building in Chubbuck.
Mayor Cotant told Mr. Doss that the city will investigate into possibilitie~
of federal fund grants and contact them.
PUBLIC HEARING - Joseph R. Osier, was present to present his application to m
develop a production dwelling court. Mr. Osier proposes to build a
production dwelling court on approximately 14 acres on the southeast
corner of the intersection of West Chubbuck Road and Hawthorne Road.
The Land Use and Land Development Commission made recommendation to
council that the conditional use permit application be denied.
Mr. Osier told council that the proposed site for his production court
is in a comprehensive plan commercial zone but that he felt it economically.~
disastrous to attempt to develop commercially at this time but as an
interim he would like to develop a production dwelling court and
phase into commercial at a more feasible time.
Mr. Osier invited the council to set any type of controls necessary
to assure good management of the court.
Several residents were present opposing the development of the production
dwelling court. Numerous reasons were given including increased traffic
and decreased value of neighborhood homes.
203
PUBLIC HEARING (cont'd) - Jack Landon asked if permission were given for
this court would trailer development continue the full length of
Hawthorne Road.
Robert Allen said he felt that all those contributing to the Latter Day
Saint Church building on the corner of Hawthorne Road and West Chubbuck
Road would quite possibly oppose the trailer park, however, he wanted
the record made clear to show that his comments at the Land Use and
Land Development hearing and this hearing are his own comments.
Merlin
~+~"Fullmer asked council if the proposed property is necessarily
zoned to become commercial. Mayor Cotant said it is commercial in the
comprehensive plan, but that it could be changed.
Councilman Boyd Fullmer asked Mr. Osier if he were proposing only
double or triple wide units and Mr. Osier answered in the affirmative.
Mr. Osier said his utlimate goal is to develop the lots himself including
the purchase and placement of the mobile home and then sell the home
and hold control of the land.
Wayne Roderick reminded the council the neighborhood had presented a
petition with approximately 200 signatures opposing the mobile court
development and also personally voiced his objection.
Councilman Kinghorn said that to allow one park would probably open
the door for more parks, however, the city can place restrictions on
the development standards of the court.
Councilman Fullmer said he had done some research, that he lives in
the area, and also realizes the responsibility of the council in this
decision. Councilman Fullmer said he felt the courts along Yellowstone
will be developing commercially within a reasonable time. Councilman
Fullmer added that this particular area could be open to light commercial,
multiple housing, low cost housing and everyone should be cognizant of
the fact that this property is going to develop one way or another.
Mike Metcalfe asked if the city could exclude mobile parks and if the
city cannot exclude them, then when is the city going to address
standardsfor these courts.
Attorney Burnett told council the granting of one conditional use permit
would not mean the council would need to grant all conditional use permits,
however, the city cannot arbitrarily exclude ~- ou~ sbu can
certain standards for development of the courtsY'P~°~uct~on d~elT~n~~ *correction
Councilman Romriell said he felt the city has worked hard on the land use
and development ordinances and that the city had made some errors that , r
need to be corrected and feels the city needs some time to review the co rectio~
ordinance a:~ develop~.standards for mobile home cour~$~ and establish areas.~here
' specific moDlie homes can De perml~eo.
Councilman Quick said he wondered if allowing mobile courts on a lessor
criteria of standards than a home, maybe the city is discriminating against
the single-family development.
Mayor Cotant said he understands Mr. Osier wanting to develop his ground into
a production dwelling court, however, he questions if this is a proper
area for a mobile home court. Mayor Cotant added that he was sure Mr. Osier
would construct a well developed court and with Mr. Osier applying for a
conditional use permit the city would be able to place restrictions on the
development to assure a well built court.
Councilman Kinghorn said the Land Use Commission and Council need to set some
fair standards for production dwelling courts that would assure development of
a desirable court.
2O5
PUBLIC HEARING - Osier- cont'd - Councilman Fullmer reviewed the alternatives
of the council of which are 1) to approve or 2) to deny application for
conditional use permit. If city denies, a law suit against city would be
a likelihood and court could direct city to issue the permit, which could
cause the city to lose the~setting ~rf certain standards. *correction
, ~o~o~unitj{. of ,
Mayor Cotant said ne re~t tne c~ty neees some legal research and the city
needs to further study guidelines for standards and suggested the city
table for further consideration if Mr. Osier would agree to this.
Councilman Fullmer moved to talbe this matter to December 11, 1979.
Councilman Romriell seconded motion, all councilmen voted in favor.
Mr. Osier asked that city take the matter up as soon as possible.
HERITAGE WEST SUBDIVISION PRELIMINARY PLAT PROPOSED BY Heritage Builders, Inc.
Vic Watson, J.U.B. Engineers, represented developers in the presentation
of the preliminary plat. Sam Briscoe, developer was also present. The
subdivision consists of approximately 50 acres and a proposed 190 lots and
lies north of West Chubbuck Road adjacent to present city limits.
The [and Use and Land Development Commission recommended approval of
preliminary plat with certain conditions.
The following changes were discussed; 1) Street to extend to north. 2) Well
location to be moved nearer Chubbuck Road. 3) Land dispute west of the plat,
Ray Henschied advised council that the adjacent property owners, the Hulls
and Johnsons have requested the present property line where the fence is
installed be maintained. The developers have agreed to this. 4) Land
needs to be annexed and use districts applied for. 5) Cul-de-sac lots
should be re-arranged, and recommendation that Lot 5, Blk 12 be eliminated.
6) Water line in West Chubbuck Road need to be installed by developers.
7) Require lots backing adjacent to West Chubbuck Road be screened.
8) Monuments provided. 9) Additional valves and fire hydrants. 10) Cash
in lieu of park ground. 11) Well with 20 inch casing.
Councilman Kinghorn suggested an agreement be prepared concerning the
development and installation of a well.
The developers have estimated the cost to provide water for the development
at approximately $32,000, they offer to participate to this extent, and
have offered to provide location for well. The developers have offered
$28,000 cash in lieu of park ground donation.
After a lengthy discussion, Attorney Burnett suggested that council
table the matter which will allow the precise~ess-e~ changes to be shown on
the p~at and will allow the city and developers to come to an agreement as
to pa~ ~nw~l~ns e~-~$,a~e,s to be made as ~ consideration of *correcti
annexation, or casn
Councilman Kinghorn moved to table this matter to the adjourned portion of
this meeting. Councilman Quick seconded motion, all councilmen voted in
favor.
WAIVER OF SANITATION SERVICE - Michael Krugly, Project Director for Price
Development Company has made written application to the city to waive
Section 2, Ordinance #201 requiring subscription to the sanitary service
of the city of Chubbuck so they might contract with another service. The
application further states they will be using 38 - 42 cubic yard containers.
Councilman Fullmer moved to approve the written application of Mike Krugly
for Price Development Company to waive Section 2, Ordinance #201, of the
subscription requirement upon condition that the waiver will extend only
until such time as the city gives notice that it is able to provide the
service, and secondly that the waiver extend only to the subscription
requirements and that all other requirements of Ordinance #201 and
207
WAIVER OF SANITATION SERVICE Cont'd - Ordinance #60 remain enforceable.
Councilman Kinghorn seconded motion. All councilmen voted in favor.
LIQUOR CATERING PERMIT - Application by Idaho Inns, Inc. dba Holiday Inn
to cater the Norton Wedding reception November 24, 1979 at the E1 Cielito.
The police department have approved the permit.
Councilman Romriell moved to approve the catering permit to Idaho Inns, Inc.
to cater the Norton Wedding reception November 24, 1979. Councilman Fullmer
seconded motion with an unanimous vote in favor of motion.
COMPUTER BID - The council have opened bids previously and had presentations
from several computer vendors on October 25th. Engineer Smart has done
further research into the equipment bid and reported that the lowest bid
from Computer Systems Dynamics, Inc. as being dependable equipment.
Councilman Romriell moved to approve the purchase of a CSD computer
from Computer Systems Dynamics, Irc. with the three terminals and printer
for a total price of $34,837.00. Councilman Quick seconded motion with
an unanimous vote in favor of motion.
SHOP BUILDING BID - The city opened bids October 25th for a shop building.
Engineer Smart has reviewed the bids in their entirety for comparison.
Engineer Smart told council that Aspen Building Systems and Briggs
Builders Irc. have both submitted comparable bids and the only
substantial difference he could find is the laminated coating.
Councilman Romriell moved to table any action on the awarding of the
shop building bid until the adjourned portion of this meeting. Councilman
Kinghorn seconded motion with full council approval.
CITY STREET FINANCE REPORT - The City Clerk is required to send a report on
revenues and dedicated revenues to the Highway, Streets and Road Fund and
the expenditures of the Highway Streets and Roads Fund. M~or and Council
reviewed the report.
Councilman Fullmer moved to approve the street fund report. Councilman
Quick seconded motion, with an unanimous vote in favor.
FUND TRANSFERS - Councilman Romriell moved to approve the following fund
transfers to balance the 1979 fiscal budget: General Fund - $281.49 to
416-Legal from 490-Other Governmental Purposes. Waterworks Fund - $581.23
to 434.2 WW Supply - Pump Maintenance from 434.90 WW Other Government
Administration. $2~144.21 to 434.3 WW - Pumping Power & Utili~ from
434.90 WW Other Government Adminstration. Councilman Fullmer seconded
motion with all councilmen voting in favor of motion.
CLAIMS present for payment - Mayor and council reviewed same. Councilman
Romriell moved to approve the claims with the exception of claim to Western
Road Machine~. Councilman Quick seconded motion. All councilmen voted in
favor.
Councilman Quick moved, Kinghorn seconded with full council approval to adjourn
meeting at 12:30 ~m. until November 20 at 7:00 p.m. ~~~~,ant, Jr., Mayor
Vera C. Armstrong, City Cle~ ~