HomeMy WebLinkAbout03 23 1976 CM COUNCIL MEETING MINUTES
March 23, 1976 29
Minutes of the regular council meet'~ng held in the city municipal building March 23
1976. '
Present: Mayor John O. Cotant, Councilmen Boyd Fullmer, Dwain Kinghorn, Earl Romriell
and Wayne Taylor. Attorney Don Burnett, Engineer Klane Forsgren 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 March 9 minutes. There being
none Councilman Kinghorn moved and Councilman Taylor seconded motion the minutes
be approved as written. All councilmen in favor.
PARK DESIGNS - The city commissioned the architectural department of Idaho State
University to design some plans for a city park within the Paradise Acres Sub-
division. Tho city offered $200.00 prize money. The city mayor and council went
to I. S. U and chose the plans they felt best suited the city needs. It was
determined a first, second and third prize would be given. Mayor Cotant awarded
the prizes; first prize of $100.00 to Brad Wills; second prize of $60.00 to
Mark Davis and third prize of $40.00 to Neil Terry. Professor Harold Powell was
present with the students and Mayor Cotant thanked them for their participation
and excellent prepared plans.
PUBLIC HEARING - The city has published to hold the budget public hearing this
evening. A good representation of residents were present and several questions
were asked about various aspects of the budget. After a complete review of the
budget and all questions were answered the "Annual Appropriation Ordinance" was
presented.
ANNUAL APPROPRIATION ORDINANCE OF 1976 - Ordinance #165 was read in full by Mayor
Cotant.
Motion to dispense with rule of reading on three separate days made by Councilman
Kinghorn and seconded by Councilman Taylor. Roll call vote: Fullmer, yes;
Kinghorn, yes; Romriell, yes; Taylor, yes.
Motion to adopt Ordinance #165 made by Councilman Taylor and seconded by Councilman
Fullmer. Roll call vote: Fullmer, yes; Kinghorn, yes; Romriell; yes, Taylor, yes.
BICENTENNIAL REPORT - Dennis Hendricks reported the committee were proceeding with plans
for the special Bicentennial Celebration. They are planning to work on the Bi-
Centennial Park in Paradise Acres. A history of Chubbuck and recipe book is planned
to be published by the Portneuf District Library. Mr. Hendricks would like to get
a date set so they can make some definite plans. Mr. Hendricks announced
Congressman George Hansen would be coming to Chubbuck and present the mayor with
a flag.
Dave Higbee is chairman over park projects. Mr. Hendricks said he understood
if the celebration is held July 31st it is possible it could be held in con-
junction with a baseball tournament. However, Mr. Hendricks told mayor and council
no posse groups could attend on July 31st. After some further discussion it was
decided the celebration would be held August 7th and city will request a baseball
game be held that day.
IRRIGATION DITCH - Mr. and Mrs. Joe Miller, East Linden asked city support in re-
quiring Idaho Welding Company to pipe an irrigation ditch properly to handle a
sufficient amount of water to irrigate the Miller's property. The open ditch,
which provided water to Millers was on property pruchased and developed by Idaho
Welding. Idaho Welding has piped the ditch but Mr. and Mr. Joe Miller and Mr.
and Mrs. J. James Miller feel it will not carry the necessary amount of water
for their irrigation needs. Mayor Cotant said the city would correspond with Idaho
Welding on this matter.
LAND USE - ARNOLD STUART - The city alleges Mr. Stuart has placed a trailer on his
property at 5113 Yellowstone Avenue which isn't zoned for trailer placement.
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LAND USE - ARNOLD STUART cont'd - The city has requested Mr. Stuart be present to
discuss this matter" Mr. Stuart claims he had his property approved for a trailer
park. Max Whittier, Attorney, and Arnold Stuart were both present. After re-
viewing the former minutes, Mayor Cotant asked that this be further reviewed and
researched.
LAND USE - EARL ELLIS - Land use in violation of city ordinances. Attorney Burnett
informed Mr. Ellis of the areas in which he felt Mr. Ellis was in violation, which
included salvaged goods, junk cars and vehicles which are inoperable and dismantled
and trailer house placement on property.
Mr. Ellis was present and voiced his feeling that the items he had stored on his
property were not junk. A short discussion followed regarding the circumstances
and Mr. Ellis stated that if the city filed charges against him he would fight
the charges in court.
LIQUOR CATERING PERMIT - Mr. and Mrs. Dan Kunz requested permission of council to
allow them to take advantage of the liquor catering clause in the State Liquor
Laws which the city has adopted, so that certain clubs could hold functions at
their E1 Cielito Wedding Chapel and have a liquor license holder cater a social
hour.
Mayor Cotant read Ordinance #133 which provides for conditional use for receptions
in certain residential zones, Ordinance also provided that no building can be
considered a reception center where alcoholic beverages are sold, served or consumed
on premises.
Attorney Burnett and Mayor Cotant informed Mr. and Mrs. Kunz the ordinance pro-
hibits the sale, serving or consumption of alcoholic beberages at a reception
center and so at this time there is absolutely nothing the city can do to approve
the liquor catering request. It will be necessary to amend the ordinance to allow
liquor catering at the reception center.
Mr. and Mrs. Dan Kunz asked that the city consider changing or amending ordinance
so they would be allowed to operate their business and legally be allowed to arrange
for liquor catering at some functions.
MOUNTLAKE STREET ACCEPTANCE - JackMenardhas requested a conditional acceptance of
Mountlake Street. Mr. Menard has submitted a letter to city agreeing to correct
the curb, manholes, etc. to bring street into compliance to inspections. Mayor
and council agreed to give this conditional acceptance.
BUNCE SUBDIVISION PHASE II - Mr. Mark Bunce asked that it be entered in the minutes
that all the easements have been signed and the city gives approval for sewer
construction. Mayor and council said all the easements have been signed and the
city is anxious for the construction to begin.
Mark Bunce asked Mayor Cotant for a letter stating his Bunce Subdivision Phase II
final plat will be approved.
Attorney Burnett agreed with Mayor Cotant's statement that the Planning and Zoning
final plat review should not be circumvented. However, Attorney Burnett advised
it should not be out of order for Mayor Cotant to write a letter stating he knows
of no reason why Planning and Zoning Commission and City Council will not approve
the final plat. Mr. Bunce explained this would allow him to make plans for
construction and the installation of sewer line under Hiline Canal prior to April
15th when water is turned into canal.
ORDINANCE #164 - Amending Ordinance #112 regulating livestock was read by Mayor Cotant
for the third reading.
Councilman Romriell moved Ordinance #164 be adopted. Councilman Taylor seconded
motion. Roll call vote: Fullmer, yes; Kinghorn, yes; Romriell, yes; Taylor, yes.
33
BUILDING PERMIT - Mayor Cotant read letter from Kent Parrish asking a credit on a
building permit issued in 1971 to Diversified Investment, Inc. in the amount of
$306.50 be credited towards building permits for six four-plex units which are
being buil~ on the same property as original permit.
Attorney Burnett said he felt the council are empowered to modify or waive fee
requirement on building permits.
Councilman Romriell moved the city credit the $306.50 on the present six four-
plex building permits being applied for. Councilman Fullmer seconded motion.
All councilmen voted in favor of motion.
RAILROAD CROSSING DANGER - Mayor Cotant referred to letter from Railroad Company
reporting they feel the railroad crossbucksignand city stop sign is too far
from the spur railroad track for safety in crossing tracks from west. The
railroad company reported they will move the railroad crossbuck sign if the
city will move the stop sign closer to the main track which should create a
greater safety factor. Mayor and Council agreed to move the stop sign.
WELL # 1 PARK - Councilman Fullmer informed council the Lions Club have reconsidered
their approval on naming of the Park at Well #1 area and feel perhaps the
present participation is as valuable as the original gift and should be con-
sidered in naming of the park.
Councilman Fullmer also asked council of their decision for plumbing for future
rest rooms at park. This matter discussed but no decision made.
Councilman Fullmer asked how baseball backstop facilities for park at Teton and
Victor are coming. Mayor Cotant said a definite plan would need to be approved
prior to construction and this is a priority job order with the city.
WATER STUDY - Engineer Forsgren explained a water study needs to be done to determine
where and how much water is available at different areas within the city. It
was determined a portion of this study has already been done.
RAILROAD EASEMENT - Mayor Cotant read letter to E. C. May and also a copy of Resolution
which was sent to the railroad company in August, 1975, whereas the obligation of
the city in an emergency situation of working on sewer pipe line can be satisfied
by communication with Division Engineer or a good faith effort to contact Division
Enqi~eec for the purpose of which communication has been made, no response has been
recelvea.
Attorney Burnett advised the city to execute the resolution and forward to the
Union Pacific Railroad Company for comment.
RESOLUTION # 1-76 was read in full by Mayor Cotant. Councilman Kinghorn moved to
adopt Resolution #1-76. Councilman Fullmer seconded motion with all councilmen
voting in favor of motion.
There being no further business Councilman Romriell moved and Councilman Fullmer
seconded meeting be adjourned at 12:00 midnight. All councilmen in favor.
hn O. Cdtant, Jr., May~or