HomeMy WebLinkAbout08 08 1972 CM 61
Minutes of the regular meeting of the Mayor and Council held in the City municipal
building August 8, 1972.
Present: Mayor Cotant, Councilmen~ Kinghorn, ~enard, Romriell, Tayior, Attorney and Clerk
Vera Armstrong.
Meeting called to order by Mayor Cotant at 8:00 p.m.
Minutes of the July 25th meeting approved as written.
REQUEST FOR BUILDING PERMIT - Attorney Green asked council why Mr. H. L. Price had been
refused a building permit on one and one-half acre lot of ground he has purchased from
Betty Jo Fenwick off E. Chubbuck Rd. Mr. Green stated the house has been inspected and
meets re¢~uirements of Pocatello Lnspector. Mr. Price desires a building permit and
approval of water to his property. Mr. Green urged, as a ~tter of right, equity and
justice the council issue him a building permit. Mr. Green also urged council to
contact M~ Fenwick in regards to streets, water lines, etc. Mayor explained the city
is concerned because of the sub-division requirem~ts of streets, water lines and sewer
lines. If these developments are not made at the time the area develops, someone will
need to pay for the development at a later time and would probably fall on the city,
which is not right. Attorney Wise read from zoning ordinance a provision that requires
thirty foot frontage on public street before a building can be constructed.
Mayor suggested Mr. Green call Yms. Fenwick to determine is she had divided her
property into two or more lots which determines if she is a sub-divider. Mrs. Fenwick
shortly appeared at meeting. Mayor informed Mrs. Fenwick if She sells one more piece
of ground she will be a sub-divider and be required to plat her ground, curb and gutter,
pave streets and install the required water and sewer lines.
Discussion followed as to cost of paved streets to Mr. Green's property and past his
frontage at a later date. Mayor suggested a written agreement binding someone to
develop street in future. Mr. Green stated Mr. Price is willing to covenant to pay for
25 feet of the street along his frontage at such time as required. Later ~r. Green
added Mr. Price would pay this subject to if a developer can impose this improvement on
him.
Mrs. Fenwick added that property owners on each side of this easement are aware of
the easements.
After a lengthy discussion Councilman Taylor made motion to deny request of a building
permit to Mr. Oliver D. Price until provision is made for improvement of street in-
cluding all utilities frOn~.Chu~buck Rd. to the north line of Mr. Price's property that
meet city standards for streets and utilities. Kinghorn seconded. After further
discussion a roll call vote was taken. Kinghorn, yes; Menard, abstained; Romriell, yes;
Taylor, yes.
Mr. Green then stated the council.s reasoning to be arbitrary and discriminatory and
is going to advise Mr. Price to test it in court. Mr. Green asked for reconsideration
of motion. Councilman Taylor refused to reconsider motion stating he is for a dedicated
street only and no further action took place.
GARBAGE COLLECTION - Mrs. Walton is requesting non-service to the garbage collection.
Mayor told Mr. Walton the city ordinance states all persons in the city and connected
to city water service be required to pay and recieve service.
FIRE HYDR;Nr - Mr. & Mr. Donald K. Sample requested a fire hydrant within a usable
distance of their home. Mrs. Sample stated they paid city taxes, bought dog license
and obey all city laws and she feels they should have a fire hydrant on the water
line in frontof their home. Council sugge~tec contacting area residents and see if
they would participate in cost of hydrant and city will install.
CIRCLE IN MOBW~ HOME PARK - Charlie Frasure and John Murray presented the plat for their
mobile park. Mr. Romriell asked what provisions have been made for street storm
drainage. Mr. Frasure and Mr. Murray stated they would install whatever storm drainage
was necessary. Frasure said he would ask for a variance on sidewalks. Menard questioned
storage at, being in commercial zone and if play area was adequate.
cont'd
Councilman Romriell made motion to approve plat for trailer court. Taylor seconded
and the motion carried by a roll call vote: Kinghorn, yes; Menard, no; Romriell, yes;
Taylor, yes.
Councilman Taylor stated inspections Would have to be made and Engineer Perkins would
be required to approve plans. Councilman Menard informed them a building permit would
need to be issued.
BAR X SUB-DIVISION - Rex Eaton presented his 160 acre sub-division of approximately five
acres each. Attorney Wise stated if Mr. Eaton sells in acreages over five acres he
would not be under the requirements of the city's sub-division ordinance. No action
taken.
ZONING MEMBER - Milton Klein, &609 Hawthorne Rd has been recommended as a zoning member.
Mayor explained to Mr. Klein the responsibility of a zoning commission menber. ~m.
Klein stated he was willing to put in time required to serve. Mayor informed Mr. Klein
they wanted to visit with another person and would contact him on this later.
ORDINANCE #110 Amending Ordinance #109, Dog Control Law. Council discussed ordinance~
This being the third and final reading the motion to adopt ordinance was made by
Councilman Menard. Taylor seconded. Roll call vote; Kinghorn, yes; Menard, yes;
Romriell, yes; Taylor, yes.
ORDINANCE # 111 Rezoning of Briscoe Rd. Ordinance read in full by Mayor Cotant. Motion
to dispense with rule of reading on three separate days made by Councilman Taylor,
seconded by Kinghorn. Roll call vote: Kinghorn, yes; Menard, yes; Romriell, yes;
~aylgr. yes. Motion to ad~pt Ordinance #111 made by Councilman Kinghorn, seconded by
~omrlell. Roll call vote. Kinghorn, yes; Menard, yes; Romriell, yes, Taylor, yes.
ORDINANCE # ll2 FARM LIVESTOCK ORDINANCE read by title only by Mayor Cotant. Menard moved
council accept this as first reading with all in favor.
FINANCIAL STATEMENT for month of July presented to Mayor and Council.
/CLAIMS for month of August presented to Mayor and Council. After discussion on insurance
coverage and other items Councilman Taylor made motion to pay the bills, Mena~d
s~c~6~ded and the motion carried unanimously.
Councilman Romriell suggested dropping collision coverage on automobiles. Menard said
~ he felt liability coverage should be increased. Mayor Cotant is to check these coverages
with Kruse Insurance.
POLICE DEPARTME~f - Council discussed the report of Police Chief Frasure's conduct at a
local place of business a couple weeks ago. Mayor and Council agreed that Chief Frasure
take his vacation as he has requested and an additional 2 weeks leave of absence and
meet with him at that time.
MINGO WATER LINE - Councilman Kinghorn suggests sending a letter to all residents on south
side of Mingo Lane stating they will be required to hook-up their private lines to the
city line at a given date the first part of September.
Councilman Taylor asked Attorney Wise if easements were attained for water line from
Mingo Lane to Stuart Ave. Attorney Wise stated he had prepared the easement and given
to Joe Brennan to get signatures.
ATT(~NEY CONTRACT AGREEMENT on sewer project. Attorney Wise presented contract to city
for study. Meeting to disucss this set for 6:00 p.m. at city building August 9th.
Meeting recessed until further notice if necessary at l:O0 a.m.
Vera C. Armstrong, City clerk