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HomeMy WebLinkAbout01 25 1977 CMCOUNCIL MEETING MINUTES January 25, 1977 159 Minutes of the regular council meeting held in the city municipal building January 25, 1977. Present: Mayor John O. Cotant, Jr., Councilmen Boyd L. Fullmer, Dwain A. Kinghorn, Earl L. Romriell and Wayne G. Taylor. Engineer John Alder, Attorney Don Burnett and Clerk Vera Armstrong. Meeting called to order at 8:00 p,m. by Mayor Cotant. Mayor Cotant asked for any corrections or additions to minutes of January ll meeting, There being none, Councilman Kinghorn moved to approve the January 11 minutes as written. Councilman Romriell seconded motion and the voting was unanimous in favor of motion. R.S.V.P. - Larry Ghan represented the Retired Senior Volunteer Program and explained the program to all those present. Mr. Ghan has presented a letter to mayor and council requesting $1,000.00 support for the program. Mayor Cotant told Mr. Ghan the city would consider his request in the upcoming budget. PUBLIC HEARING: A public hearing has been advertised for annexation and proposed zoning df the Aztec Park Subdivision. A1 Wilson, Fred P. Wilson, Floyd Johnson, Ruth Johnson, Ray Henscheid, Elaine Henscheid, Margaret McNabb, Sam McNabb attended meeting in representation of the adjoining property owners and public hearing notice. Ray Henscheid represented the Roland Hulls and reviewed the problem of the 6~ ft. in question. The survey Mr. Seaton had taken identifies the proposed Aztec Park Subdivision as lying approximatgly 6½ ft. west of present fence line dividing properties, Mr. ~enscheid informed city that Mr. Seaton has option to purchase on piece of property that has a different description than description of property to be annexed. Mr. Henscheid said that if Mr. Seaton would give deed to property west of present fence line this would be acceptable and Mrs. Hull would agree to enter into agreement as long as agreeing does not mean she agrees as to the legal encroachment. Ru~h Johnson, an adjoining property owner said they had owned the property adjoining for many years and she had not known of former surveys being different from fence line. Mrs. Johnson stated Mr. Seaton had said he would agree to the fence line as being the legal description of property to be annexed and subdivided. Mr. Roger Seaton joined the meeting at this time and said he only has an option to purchase at this time, Mr. Seaton said that he felt if the adjoining property owners feel they own the property they should absorb the cost of the deed to the approximately 6½ ft. in question. Attorney Burnett advised council the city should not annex any disputed property. Engineer Alder checked the description in the annexation public hearing and in- formed mayor and council it appears to be less the 6½ ft. in question. Mayor Cotant stated he felt the city should table the consideration of annexation until such time as the parties involved are satisfied with disposition of 6½ ft. in question. Councilman Kinghorn moved the annexation be tabled until such time as the proper description has been approved by adjoining property owner's legal counsel. Councilman Fullmer seconded motion. Roll call vote: Fullmer, yes; Kinghorn, yes; Romriell, no; Taylor, no, The vote being tied, Mayor Cotant cast his vote in favor of motion. 161 ALTURAS PARK HELL - Engineer Alder told council he didn't feel enough specifics have been determined in regards to the well to be drilled by Roger Seaton in the Alturas Park Subdivision. The application shows the proposal of the well on permit application to be 20 inch casing with depth of 150 feet. Permit also sho~the capacity of water should be at least 1,000 gpm. Engineer Alder informed council the city~t~age may not be great enough to warrant drilling of well at this time. Mr. Alder added that Mr. Seaton had mentioned to him that if the well is not needed he would be glad to compensate the city cash instead of well which could be used for park development or water improvements. Councilman Romriell moved that the city engineer check with Forsgren, Perkins & Associates, P.A. and determine if the city has the need for well and if city should have well drilled or not. Councilman Fullmer seconded motion. Roll call vote: Fullmer, yes; Kinghorn, no; Romriell, yes; Taylor, no. Vote being tied, Mayor Cotant voted in favor of motion. CHUBBUCK PLAZA INDUSTRIAL PARK - Glen Marshall, owner and developer was present to discuss the 79 ft. access easement to the proposed subdivision. Mr. Marshall stated the owners do not object to the dedication of the 79 ft. access, however, they do not want their property in the subdivided property. Engineer Alder said their property would not need to be included in Mr. Marshall's subdivision but the access road would need to be a part of the subdivision. Attorney Burnett asked why the owners would object to the street being dedicated. Mr. Marshall said they probably wouldn't but he doubted if they would deed the land for dedication. Mr. Marshallasked if he wouldn't be able to develop his ground and wait for that portion of access to be developed when owners develop their property. Mayor Cotant and council told Mr. Marshall the city will require the street be developed. Mr. Marshall said if the city desired a dedicated street he would try to work with the property owners to obtain such dedication. Attorney Burnett stated the city could agree to a limited acceptance of street in which city sets forth the right to reserve the requirements for the street to be developed at time property adjoining is developed. Attorney Burnett said it would be best for city to hold title to land of access easement, but tha~ an easement could be dedicated. Attorney Burnett stated he would be glad to work with Mr. Marshall in providing an instrument of dedication and limited acceptance of street if Mr. Marshall would work with property owners to obtain such dedication. Mr. Marshall asked if city would waive the sidewalk requirement as he was planning on storage warehousing and trucks driving over sidewalks would cause them to break up and there shouldn't be any residential foot traffic in area. Mayor Cotant told Mr. Marshall the city would prefer to wait on any waiver of requirements and acceptance of final plat until such time as the dedication of access easement is provided and the Chubbuck Plaza Industrial Park final plat will be considered February 8th. SOJOURNER MOTEL - Engineer Alder asked if city would require property proposed for the Sojourner Motel to be subdivided. Discussion followed as to requirements of improvements on Burnside. Mayor Cotant said he felt city should require all improvements such as required by the subdivision ordinance. Council in apparent agreement with no further action taken. 163 CIRCLE IN TRAILER PARK - Engineer Alder asked council if street to Circle In from Yellowstone will be a dedicated street. It was determined at time of construction of park the street would be dedicated to city. Engineer Alder reported owners are in agreement to dedicate street and it needs to be taken care of prior to final plans of Yelowstone project construction. GENERAL DISCUSSION: 1. CHUBBUCK DAYS - Councilman Fullmer said the MI & S Advisory Board would like to know if city plans to make Chubbuck Days a yearly event. Mayor and council said they would like to make it a yearly event and would like the MI & S Advisory Board to supervise the event. 2. Councilman ?ullmer suggested the baseball program be arranged and budgeted through the MI & S Advisory Board. 3. Off-street parking on Yellowstone Highway was discussed. 4. Hiline Road Survey was reported to be almost complete. There being no other business meeting was adjourned at 10:~5 p.m., ,S/John O. Cotant, Jr , M~a~v6r' Vera C. Armstrong, City Clerk //