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HomeMy WebLinkAbout03 22 1977 CM COUNCIL MEETING MINUTES 185 March 22, 1977 M~nutes of the regular council meeting held in the city municipal building March 22, 1977. Present: Mayor JOhn O. Cotant, Jr., Councilmen Boyd L. Fullmer, Dwain A. Kinghorn, Earl L. Romriell, Wayne G. Taylor, Attorney Don Burnett, Engineer John Alder 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 council meeting minutes of March 8, 1977. There being none, Councilman Kinghorn moved to approve the minutes of March 8 as written. Councilman Fullmer seconded motion and all councilmen voted in favor. TELEPROMPTER TV - Lewis Farnsorth informed council that cable television theft causes them problems. As persons tap into teleprompter service it shuts off other areas of service. Mr. Farsworth said he had an ordinance that he would like the city to consider which would provide them with a la~ and protection against persons tapping into their line. Attorney Burnett stated that in adopting an ordinance as such the enforcement would be entirely up to the city with a definite indirect advantage to the city and the cost of prosecution would be to the city. The city may have a moral right to provide this protection but it will result in a definite cost to city on prosecution. Mayor Cotant told Mr. Farnsowrth the council would consider his proposal. MEADOWS TRAILER PARK - Mr. Marion Sava§e~ owner of the park asked city if he would be in violation of city trailer park code when the highway department takes seven foot for highway project. He advised his present trailer spaces are 45 ft x 80 ft and he will not have enough room for a 70 ft. trailer. Councilman Romriell asked how many spaces Mr. Savage would lose in turning his trailers paralell to Yellowstone to comply with code. Mr. Savage said he would lose two or three spaces. Mayor Cotant requested that Mr. Savage plan on turning his trailers paralell to highway and see if an agreement could be reached with the highway department. Attorney Burnett informed Mr. Savage that Ordinance #107 provides for a minimum front yard of 10 ft., requires 15 ft. between structures and a side yard of 4 ft on off side and requires each trailer total square footage space of not less than 40 ft. x 70 ft. Councilman Romriell suggested Mr. Savage contact the building inspector Dan Stuart in regards to any further problems to trailer court compliance. CHUBBUCK PLAZA INDUSTRIAL PARK - Glen Marshall presented an executed grant of permanent easement to Attorney Burnett for the access road to the platted Chubbuck Plaza Industrial Park. This grant of easement was requested by city on January 25, 1977 and Mr. Marshall is now desiring acceptance of the final plat. Mr. Marshall asked city to waive the sidewalk requirement. Engineer Alder asked what improvements are planned for the access street and proposed that oiling of access easement be required. Mr. Marshall stated they would surface the street access for their use. Attorney Burnett read from the grant of permanent easement that the owners will at time requested by City dedicate the land and improve the street. CHUBBUCK PLAZA INDUSTRIAL PARK - cont'd - 187 Councilman Romriell said he would agree to waiving sidewalk requirement if building permits were issued for strictly commercial warehousing. Councilman Kinghorn agreed with Councilman Romriell's remarks in regards to waiving of sidewalk requirement. Engineer Alder said plans show a temporary easement for cul-de-sac which will be eliminated when street extends to property on the south. Mr. Marshall suggested a time limit be set for decision of finishing cul-de-sac or extension of street to the construction season of the year 1978 and street be completed as soon as possible thereafter. Council in agreement to Mr. Marshall time limit for completion of street or cul-de-sac. Attorney Burnett advised council the city could approve the final plat of Chubbuck Plaza Industrial Park on condition that building permits will not be issued on platted ground except for use of commercial warehousing and that if land use be for office use the sidewalks would be required. Engineer Alder said curb, gutter and sidewalk would be required on Lot 9 which borders Yellowstone Highway. After further discussion, Councilman Fullmer moved the final plat of Chubbuck Plaza Industrial Park be approved on the following conditions: 1. City waive conventional sidewalk and that the requirement of sidewalks along Commercial Way be waived to the limited extent that asphalt sidewalks may be substituted for conventional sidewalks. 2. That a decision concerning the cul-de-sac on Commercial Way be made no later than the end of 1978 and that prior to that time street be extended or as soon after that time as possible the cul-de-sac be permanently finished. 3. At time specified in easement document, that portion of Commercial Way described in easement document will be paved according to city standards. Councilman Taylor seconded motion. Roll call vote: Fullmer, yes; Kinghorn, No; Romriell, no; Taylor, yes. Vote being tie~ required Mayor Cotant to vote. Mayor Cotant stated he would have to vote no because of type of construction not being certain. A discussion followed in regards to the type of buildings and development intended for the Plaza. Mr. Marshal said he intends to develop only with commercial warehousing, but he could not guarantee with certain over the years that would be the only kind of development. Councilman Fullmer made same motion as above with further provision on first condition that asphalt sidewalks may be substituted for conventional sidewalk along Commercial Way only if Commercial Way is fully developed on both sides with commercial warehousing. Councilman Taylor seconded motion. Roll call vote: Fullmer, yes; Kinghorn, yes; Romriell, yes, Taylor, yes. RESOLUTION #4-77 - A resolution vacating a portion of Bunce Phase II Subdivision read in full by Attorney Burnett. Councilman Kinghorn moved to adopt Resolution #4-77. Councilman Taylor seconded motion. Voting was unanimous in favor. BUNCE PHASE III SUBDIVISION FINAL PLAT - John Alder presented the Bunce Phase III final plat. Mr. Alder showed council a radius change on the circular lots that had been made. Thomas W. Stoutenburg, Northwest Engineering, Inc., stated he has reviewed the Bunce Phase III Subdivision final plat and finds it to be in accordance with Chubbuck City subdivision requirements. BUNCE PHASE III SUBDIVISION FINAL PLAT ~ cont~d- 189 Councilman Romriell moved to approve the Bunce Phase III Subdivision final plat upon condition that the developer dedicate to city a 4.3 acre parcel to be used as a public park in a subsequent development and that right-of-way easement be provided to park. Councilman Kinghorn seconded motion. All councilmen voted in favor of motion. AZTEC PARK SUBDIVISION - Thomas Stoutenburg, engineer from Northwest Development, Inc., presented a sketch of revised Aztec Park Subdivision which provides one access road off Chubbuck Road to subdivision. Engineer Alder remarked the frontages on the curved corner lots are so narrow it will require the house to set back so far on lot it will not leave much space for a back yard. Engineer Alder would prefer the frontages be widened. Mayor Cotant said the council felt the plan to be acceptable subject to engineer's concerns on lot frontages. ORDINANCE #177 - Defining and adopting an area of impact for the City of Chubbuck was read in full by Mayor Cotant. Motion to dispense with rule of reading on three separate days made by Councilman Romriell. Councilman Taylor seconded motion. Roll call vote: Fullmer~ Yes; Kinghorn~ Yes; Romriell, Yes; Taylor, Yes. Councilman Kinghorn moved to adopt Ordinance #177. Councilman Fullmer seconded motion. Roll call vote: Fullmer, yes; KInghorn, yes; Romriell, yes; Taylor, yes. ROTATION OF WRECKER SERVICE BY POLICE - Attorney Don Burnett advised council that Marvin Christensen had contacted him in regards to receiving his fair share of wrecker service calls. Assistant Chief Jerry Rowland reported the city police records show that since February 1, 1977, five wrecker calls have been made to Denny's Wrecker Service by police officers and two wrecker calls to Denny's were requested by the individuals. Five calls have been made to Christensen's Wrecker Service. Mr. Christensen responded on two calls and did not respond to the other three calls; Mr. Christensen was not able to be contacted on one call - the sheriff's office tried six times, second call Mr. Christensen was not available and he was not available on the third call. Discussion followed in regards to fairness of calls and time element involved in wrecker service calls. Attorney Don Burnett suggested Assistant Chief Rowland write letter to Mr. Christensen and invite him to review the city police records in regards to the wrecker service calls. PUBLIC HEARING - Mayor and council are holding the public hearing on the city budget this meeting. The budget is for the fiscal year 1977 which begins January 1, 1977 and ends September 30, 1977. Budget was reviewed by mayor, council and those present. ORDINANCE #176 - The Annual Appropriation Ordinance to cover period beginning on January 1, 1977 and ending on September 30, 1977 was read in full by Mayor Cotant. Motion to dispense with rule of reading ordinance on three separate days was made by Councilman Taylor. Motion seconded by Councilman Fullmer. Roll call vote: Fullmer, yes; Kinghorn, yes; Romriell, yes; Taylor, yes. 191 ORDINANCE #176 cont'd - Motion to approve Ordinance #176 made by Councilman Kinghorn. Motion seconded by Councilman Romriell. Roll call vote: Fullmer, yes; Kinghorn, yes; Romriell, yes; Taylor, yes. GENERAL DISCUSSIONS:IJohn Alder informed council that Grant Anderson from Hamilton & Voeller & Associates had requested city provide water for construction water settling for the development of the Satterfield Subdivision on Bench Road. Council and mayor stated they would not be able to furnish water for this construction. 2. Planning and Zoning Commission Chairman Jack Menard and mayor and council discussed the subdivision development on 2N Mile Road in the Tyhee area. There being no further business, Mayor Cotant adjourned the meeting at 11:20 p.m. Vera C. Armstrong, City Clerk ~x6hn O. Cotant, Jr., Mayd~r