HomeMy WebLinkAbout05 10 1977 CM COUNCIL MEETING MINUTES 199
Minutes of the regular council meeting held in the city municipal building
May 10, 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 additions or corrections to minutes of April 12 meeting.
There being none, Councilman Romriell moved to approve the April 12 minutes
as written. Councilman Taylor seconded motion and voting was unanimous in
favor.
APPEALS OF ACTION TAKEN BY PLANNING AND ZONING COMMISSION:
1. John L. Holman, on behalf of C & H Investments, has requested a conditional
use permit to construct a four plex residential unit at 5262 Lucky Street.
The property is in a Mobile HOme Residential (R-2T) zone.
Brent Clark, 5272 Lucky, informed council that C & H Investment would like
to build a 3 bedroom four plex, that he felt the four plex development was
conducive of area and that he appeals to the board to allow them to construct
this four plex unit.
Councilman Kinghorn reviewed the planning commission's discussion and vote
on the public hearing held by the commission.
Mrs. Roy Rippe, 5242 Lucky, stated ~he felt the area too congested.
George Wainscott, 5282 Lucky, said it would only add to the congestion and
that the development is only promotional because they are not taking care
of the place as now.
Mrs. Roy Rippe, 5242 Lucky, said there is only 1 four plex in the mobile
home zone now.
Mr. Brent Clark, 5272 Lucky, stated he resented the remards that their property
was not well kept because he feels they are caring for the property.
Mr. John Holman stated he felt the location was ideal for four plex develop-
ment as there is several multiple dwellings now in the area.
Councilman Romriell stated trailer zoning is very scarce in the city and that
this property is zoned for trailers. Mayor Cotant agreed with Councilman
Romriells remarks. Councilman Kinghorn said he didn't feel four more
dwelling units would congest the traffic to such a disagreeable extent.
Councilman Fullmer voiced approval of Councilman Kinghorns remarks.
Jolene Newby, 275 Adams voiced opposition to the multiple dwelling unit.
Councilman Romriell moved to affirm the decision of the Planning and Zoning
Commission in denying th6 conditional use permit to construct the four plex
unit. Councilman Taylor seconded motion. Roll call vote: Fullmer, no;
Kinghorn, no; Romriell, yes; Taylor, yes. Vote bei.ng tied, Mayor Cotant
was required to cast his vote and voted yes, which affirmed the decision of
the planning commission.
APPEAL 2. Pablo Hernandez, 5411 Yellowstone, has requested a variance from
zoning regulations to allow the placement of a mobile home on his property,
which is zoned General Commercial (C-3).
Belva Adolpson, Rt #2 North, stated she owns five pieces of property in the
area and said she is furnishing easements to all property owner and that she
would only agree to the variance if Hernandez would give 25 ft. for a street,
she later changed the request to ten feet.
201
Juan Hernandez, son of Pablo Hernandez said that Mr. Hernandez already
had furnished a portion of the roadway. He further stated the house now
on the property is very old and they plan to tear it down and set the
trailer further south on their property.
The width of the present roadway and location of the sewer was discussed.
Mayor Cotant asked that this appeal be tabled until council had time to
study the area for the possibilities of a dedicated street or right of
way. Appeal hearing will be continued on May 24.
APPEAL No. 3 - Kent J. Parrish, President of Land Investments, has requested
a v~riance to allow the placement of mobile homes on east side of Hiline
Rd to a depth of 300 ft.
Dorothy Weaver, 4913 Whitaker, --Mr. and Mrs. Weaver own four lots on the
west side of the Chatterton Subdivision and she stated she did not approve
of mobile homes being placed east of Hiline Road.
Mark Bunce, 755 East Chubbuck said he feels the area above Hiline Rd. should
remain R-1 and R-2.
Dennis Stoddard, 780 E. Chubbuck Rd., stated he felt the same as Mr. Bunce.
Glen Lake, Elizabeth Avenue, voiced his objection to mobile homes placed
in area as requested.
Betty Jo Fenwick, 770 E. Chubbuck Rd., opposed the mobile home development
east of Hiline Rd.
Mike Bunce, Tree Valley Rd, questioned the safety of the area for mobile
homes and residential purposes since it borders the canal.
Kent Parrish said the variance request was only for property west of
canal. On further research of original letter of request it was determined
the request was for 300 feet deep which does extend east of the canal.
Rodney Parrish stated he would not have built his home on East Chubbuck
Rd. if he had known Hiline would have been designated for a four lane street.
Councilman Fullmer voiced his feeling that area is undesirable for mobile
home use and believes Neighborhood Commercial (C-l) would be an ideal zone
in the future, if and when the widening of Hiline Road takes place.
Councilman Taylor moved to affirm the Planning and Zoning Commissions
denial of variance for placement of trailers east of Hiline Rd. but added
that motion also provide that a new petition may be submitted following
adoption of comprehensive plan. Councilman Kinghorn seconded motion.
Voting was unanimous in favor of affirming the planning commissions denial
of variance request.
PUBLIC HEARING - REZONING - Kent Parrish, President of Land Investments,
has requested that the same property in request above, which lies east of
Hiline Rd. be rezoned Neighborhood Commercial or rezoned for placement
of mobile homes.
Planning and Zoning Commission recomended the property be rezoned Combined
Residential (R-2) zone. Property is now zoned Agricultural Transitional.
Mr. Mark Bunce, 755 E. Chubbuck Rd., said he felt it was too early for
zoning the property commercial.
Kent Parrish asked if there is any objections to zoning property Combined
Residential (R-2).
PUBLIC HEARING - cont'd 203
Attorney Burnett informed those present that Agricultural Transitional
~was more or less a stop sign type of zoning. When requested, city should
rezone ground for developer within a reasonable time.
Rodney Parrish asked if city would zone area below canal Mobile-Home
Residential (R-2T).
Councilman Fullmer again stated he felt that Neighborhood Commercial (C-l)
would be an ideal zone some time in the future but that he does not feel
it suitable for mobile homes.
Councilman Fullmer moved that the rezoning request of Neighborhood Commercial
(C-l) or rezoning be tabled until comprehensive plan be further reviewed.
Councilman Romriell seconded motion. Roll call vote: Taylor, no; Kinghorn, no;
Fullmer~ yes; Romriell, yes. Vote being tied~ Mayor Cotant voted yes, passing
motion that rezoning matter be tabled.
BUILDING PERMIT REQUEST - Mike Bunce, Tree Valley Rd., has asked for a building
permit to build a room onto ~}s home and make other improvements. Building
permit has been denied because Mr. Dan Stuart says it is his understanding
Mr. Bunce'$ property is subject to subdivision ordinance requirement of
platting property.
Mrs. Bunce said they did not want to subdivide. Mayor Cotant informed
Mrs. Bunce that in subdividing, they did not need to divide their lots
in smaller parcels, that they only needed to plat lots on acreages so that
orderly development will take place and streets and utilities will be
constructed according to city standards.
Councilman Romriell stated he felt Mr. Bunce should be allowed to improve
his property at this time. Councilman Taylor said he felt the same way.
Councilman Kinghorn said he is aware of many property owners bordering
Tree Valley Rd. being present this evening and perhaps they could get
together and plat the area ~nd develop the street.
Mack Losser stated he owned 3 acres on Tree Valley Rd. that he would like
to build on but he cannot afford to build a road to his property.
Mrs. Fenwick and Mr. Mike Bunce told coun~l~e~es an accessable road to his
property but that they were quite sure it was an easement only to serve the
property owners.
Attorney Burnett informed those present the subdivision ordinance has
been triggered by the divison of property and the county could force a
subdivision be platted and assess the property owners for the cost.
After further discussion Councilman Romriell moved that in-as-much as
construction of the original home has taken place that council waive
application of subdivision requirement in Chapter 57 Subdivision Ordinance
#97, and that council allow permit to be issued with the understanding
that no other permits in area will be issued. Motion seconded by Councilman
Fullmer. Roll call vote: Fullmer, yes; Taylor, yes; Kinghorn, no; Romriell,'yes.
APPEAL OF SEWAGE CHARGE - Dennis Jones and Jerry Tydeman, operating the
two businesses of John &Jerry'sFour Wheeler and Denny's Wrecker Service
at 4705 Yellowstone has appealed a double sewer charge for the two
businesses in one building using the one restroom facility.
In reviewing Sewer Ordinance #128 and Rate Ordinance #129, Attorney Burnett
determined since it is only one building with one complete restroom
facility it would be proper to charge only one sewer charge.
ext ending
utilities to
205
PROPERTY EXCLUSION REQUEST - Bill Cottle, Pocatello Industrial Park has
submitted a letter to city requesting that a portion of their property
be excluded from city of Chubbuck because the Chubbuck sewer will not
serve the particular piece of property which has been requested to be
excluded and city does not have 10 inch water service in the area which
they claim they need for fire protection.
Mayor Cotant said he felt the Pocatello Industrial Park should provide
an access from Pocatello.
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Attorney Burnett told council h~d~/~b/c/f~y/~/~/~/~_/~/e/~
i~//~3~/~/~/e~//~/~/~/J/~//4~/~/~/~A~/4~/ Attorney Burnett also said
council could request as a condition of exclusion that access be rerouted
so that Pocatello Industrial Park can be served from Pocatello. Mr. Burnett
also told council he did not feel it would be deemed arbitrary or c%pricious
to deny the exclusion ,~ess thzs condztzon were satmsfmed. ~ ~'~Xx,--~, ~/-
Gleen Marshall, developer of Chubbuck Plaza Industrial Park, stated that '~ '
he and Mr. Cottle has considered an agreement to have Mr, Marshall's tenant~i
use trackage on west side of Pocatello Industrial Park and he would not
like to see the road closed.
Mayor Cotant said he would like to see the road from Hurley Lane tie into
the entire Industrial Park and completed prior to city considering exclusion
of the property.
After further discussion, Councilman Romriell moved to deny request to ex-
clude property because of street city is required to maintain and in-as-much
as law does not require city to exclude the property from the city of Chubbuck.
Councilman Kinghorn seconded motion. Vote was unanimous in favor of motion.
PUBLIC HEARING AND ORDINANCE ON ANNEXATION AND ZONING OF AZTEC PARK SUBDIVISION
TABLED.
INTERGOVERNMENTAL AGREEMENT - ANIMAL SHELTER - Mayor and council reviewed the
intergovernmental agreement between the city of Pocatello and city of
Chubbuck, Agreement read in full by Mayor Cotant.
Councilman Kinghorn moved the city enter into this agreement with Pocatello.
Councilman Fullmer seconded motion and all councilmen voted in favor.
Attonney Burnett questioned council of their feeling toward a mass registeration
of dogs, Council felt animal control officer could contact residents throughout
year for license check.
INTERGOVERNMENTAL AGREEMENT - FIRE PROTECTION - City discussed need of the
intergovernmental agreement. Chief Denny Jones said city of Pocatello
needs this agreement as much as Chubbuck.
RESOLUTION 5-77 - resolving to disburse the sum off $21,164.14 in payment
of claims in connection with water tank development read in full by Mayor
Cotant.
Councilman Kinghorn moved to approve Resolution ~5-77. Councilman Taylor
seconded motion. Roll call vote: Fu]lmer, yes; KInghorn, yes; Romriell,
yes; Taylor, yes.
FINANCIAL STATEMENT PRESENTED TO MAYOR AND COUNCIL.
CLAIMS TO BE PAID IN MAY PRESENTED TO MAYOR AND COUNCIL and reviewed. After
a review of several claims, Councilman Fullmer moved to approve all the
claims with exception of claim of Fullmer-Miller Insurance in the amount
$404.42. Councilman Romriell seconded motion and all councilmen voted
in favor.
Councilman Romriell moved to pay claim to Fu]lmer-Miller claim of $404.42-
Council~ Kinghorn seconded motion. Councilman Fullmer abstained from voting
and all ~her councilmen voted in favor.
CHUBBUCK WATER PRESSURE - Mayor and council discussed the water pressure
problem the city has been experiencing recently.
John Alder said he would try to arrange to get a pressure control valve
installed on Stuart Well #2 pump as soon as possible, adding this should
help relieve the pressure at time pump kicks on. Engineer Alder said
more time should be spent on maintenance of wells.
2O7
PROGRESS ON "CHUBBUCK LAND DEVELOPMENT CONTROL ORDINANCE". Attorney Burnett
reported on the review of the land development ordinance by council and
planning commission. Attorney Burnett stated he has re-written ordinance
with provision that the planning commission and council both review pre-
liminary plat, as this was the desires of both council and commission.
STORM DRAINAGE from Chatter Subdivision - Rodney Parrish asked what was going
to happen to storm run-off from the Chatterton Subdivision. He said the
run-off now would go directly into his back yard.
Engineer Alder said he had contacted Mr. Chatterton and the engineer of
development and asked them to do what they could about the drainage.
There being no other business, Mayor Cotant ~djourned meeting at 11:30 p.m.
~o~n O. Cotant,
Vera C. Armstrong,