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HomeMy WebLinkAbout06 08 1976 CM COUNCIL MEETING MINUTES 65 JUNE 8, 1976 Minutes of the regular council meeting held in the city municipal building June 8, 1976. Present: Mayor John O. Cotant, Jr., Councilmen Boyd L. Fullmer, Dwain A. Kinghorn, Earl L. Romriell and Wayne G. Taylor. Attorney Don Burnett and Clerk Vera Armstrong. Meeting called to order at 8:04 p.m. Mayor Cotant asked for any corrections or additions to May 25 minutes. Attorney Burnett has requested a change in two paragraphs, the 1st paragraph on page 61 and 4th paragraph on same page as follows: 1st paragraph to read Attorney Burnett stated that there is a difference under the ordinances between a subdivision and a trailer park. A subdivision is platted and recorded, and these acts result in automatic dedication of streets and utilities to the city. However, while there is a "plan" for a trailer park, the park itself is not platted or recorded, and therefore there is no automatic dedication. Ded- ication must be accomplished by separate legal documents. The trailer park ordinance also does not specify when certain improvements contained in the "plan" must be completed by the developer. In the case of a subdivision, these improvements do not have to be completed before dedication, but there is a time limit for completion and a bonding requirement in the subdivision ordinance. The trailer park ordinance does not contain such a time limit or bonding requirement. 4th paragraph to read - Attorney Burnett stated that the trailer park ordinance re- quires the issuance of a permit and payment of an annual license fee in order to operate a trailer park. Aside from the question of when improvements must be com- pleted in relation to dedication, if any utilities serving a trailer park are found to be inadequate or unacceptable, for health and safety reasons, the city could re- fuse to issue a permit. Councilman Romriell moved the minutes be approved with changes requested by Attorney Don Burnett. Councilman Boyd Fullmer seconded motion with all councilmen in favor. CLOSING OF AFTON STREET - Charlie Frasure and John Murray were present and protested the closing of Afton Street. Mr. Frasure told mayor and council the court was planned with Afton Street as an access street and it was going to be difficult to park trailers on some of those lots if this street is closed. Mayor Cotant asked Mr. Moon if the developers of the court corrected the items listed in complaint would they accept the street remaining open. Mr. Moon said he could not speak for other residents and at this time they did arrive at meet- ing. Mr. Hoge said the developers promised a stop sign and speed limits on the street. Mr. Murray said they have no control over speed on Afton Street and that city should patrol the street. Attorney Burnett was asked if street could be closed. Mr. Burnett answered that there is a right of property owners to proper ingress and egress, and permanent closure of Afton is not the thing to do. Mr. Burnett also added that operation of trailer courts are by license and require payment of annual license fee and gives the city the right to only renew this license when adequate safety of business is maintained. Operation of courts can be reviewed and if needs the city can terminate license of trailer park. Also, if permit was issued on any conditions then the permit can be rescinded if conditions are not met. The residents on Afton requested a speed check. Mr. Murray and Mr. Frasure ob- jected to speed check on curve and will check this with their attorney. Mr. Frasure and Mr. Murray stated they plan to put speed limit signs up in court and will post a slow sign at curve. Mr. Murray stated their streets are full forty feet wide with off street parking and they would prefer keeping the speed limit at 20 m-p.h. 67 AFTON STREET CLOSURE cont'd - Attorney Burnett informed Terry Lish what steps to follow to report a speeder and sign complaint for prosecution. Council agreed to open street and Councilman Romriell suggested council agreed Mayor Cotant would review the situation in 30 days. Councilman Fullmer told those present the Chubbuck police officers can patrol Afton Street and the residents may request the patrol at any time they feel the need. BRIAR WOOD MOBILE HOME PARK LICENSE - Attorney Garth Pincock told council the Hendersons have applied for a permit and license to operate their court and they have apparently complied, and have submitted a letter providing a certain manhole will be completed within 30 days and the streets be paved within the season of construction. If there is some other thing that needs complied to they would appreciate knowing what this is. Council said their understanding was the streets were to be surfaced as soon as weather permits. Engineer Forsgren said a manhole needs to be installed at intersection of northern street and Eagle Street. Mr. Henderson has written aletter stating the manhole will be completed in 30 days. Councilman Taylor said the city would accept the sewer lines when they are completed. A discussion followed on dedication and completion of Eagle Street. Attorney Pincock again said the license has been requested and they would like the license issued so they can occupy and finish developing the street and court. Attorney Pincock said the Hendersons would complete the street and sewer line, in the meantime the Parrishes and Hendersons can negotiate on their problem between themselves. Attorney Pincock also stated the Hendersons will comply with all they have agreed upon. Attorney Burnett stated aside from manhole he is not aware of any reason license cannot be issued. There is no requirement specifying when utilities need to be completed. Completion of sewer line will be required in reasonable time, if reasonable time has been met then permit or license can be withheld or if issued could be suspended or revoked. Attorney Burnett said the question is 1) was there an agreement when utilities should be completed and 2) whether or not council agreed to a reasonable time the sewer line or utilities on Eagle would be completed and 3) if not if a reasonable time now has been met. Attorney Burnett said if council decides to issue permit then they would be determining the time for performance has not been met for completion of utilities. Max Parrish asked when the twenty feet of sewer line to the north property line would be completed. Attorney Pincock and Boyd and Ralph Henderson stated that when the Land Investment, Inc. pays the #3,900.00 requested from Hendersons they will complete the sewer line on Eagle. Rodney Parrish stated the council approved Mobile Manor Addition #2 with plans to construct sewer line into Eagle Street, now what do they do. Mayor Cotant told Max and Rodney Parrish they are not landlocked, they could go under the railroad tracks also. After a lengthy discussion Councilman Romriell moved the council approve the license for Briar Wood Mobile Home Park subject to report from city inspectors the utilities are acceptable and that any fees not paid for city utilities be paid. Councilman Fullmer seconded motion and all councilmen voted in favor. Boyd and Ralph Henderson stated they would pay the sewer and water utilities. 69 HENDERSON - PARRISH MATTER - Max Parrish presented a check jointly to City of Chubbuck and Hendersons in the amount of $3,900.00. Mr. Parrish was informed the city will not accept the check and Max Parrish crossed out the name of the city and the Hendersons accepted the check and said they would extend the sewer line to Mobile Manor Addition #2 property line within a week. Mr. Henderson said in accepting the $3,900.00 check they want to act like neighbors and that the gas, water, TV, power, sewer and all utilities should be able to be constructed back and forth from each development for the installations. Attorney Burnett said the city could not intervene in any private matter between Parrishes and Hendersons. FIREWORKS PERMITS AND LICENSE - Dee and Connie Howell have made application to sell fireworks at 5024 Yellowstone. Chubbuck Jaycees have also made a application to sell fireworks at 4500 Yellowstone. Both have applied for license but have not received the fireworks insurance policy as required. Councilman Taylor moved the council approve the fireworks permit applications but that license only be issued after presentation of proof of insurance coverage to city. Councilman Kinghorn seconded motion and all councilmen voted in favor. MARK BUNCE SEWER CHARGE - Mark Bunce has built a garage on his lot with a separate sewer line as required and is requesting a sewer charge commensurate to the use. He has a sink and toilet in garage. Attorney Burnett said this should be comp- arable to a motel room with no cooking facilities which charge is $2.00 monthly. Councilman Romriell moved Mr. Bunce pay $2.00 per month for sewer service to his garage with no adjustments for months not used. Councilman Taylor seconded motion with all councilmen voting in favor. JUNK ON MINGO LANE - Dean Renfrew, 226 Mingo questioned what can be done to clean up junk in areas in city. Attorney Burnett stated city can take care of these type of junk conditions by civil injunction. Attorney Burnett said the offender should be given a warning, followed by notice matter would be referred for legal action. Attorney Burnett suggested city write to owner to appear at next council meeting to provide any reasons why action according to ordinance shall not be commenced. ZONING USE DISTRICTS - Councilman Romriell questioned Section 1E, Zoning Ordinance #98 provision that development can take place with 30 ft. frontage and reasonable access if legally subdivided. Councilman Romriell's question was, does this protect the city for orderly development. Engineer Forsgren said ordinance might be amended to--If multiple units be built on one piece of property that access roads and frontage comly with city subdivision ordinance and street standards. SEWER SERVICES - Mayor and council discussed the McOmber sewer service line to New Colonial Motel and Robello and Evans sewer lines. It was noted the manhole by the New Colonial needs the bottom poured but this was no reason for McOmber not to hook up to the sewer line. PARK DEVELOPMENT - Mayor and council discussed hiring the grass seeding of the Bicentennial Park in Paradise Acres. Council agreed to hire this done if nec- essary. Councilman Fullmer suggested the city move on a Parks and Recreation Board, council agreed. LEGAL PLANNING - Jack Menard discussed area impact of city of Chubbuck with council. HILINE ROAD - Attorney Burnett informed council that apparently Hiline Road ' destined to be a major traffic road in future, j~ INSURANCE - ERRORS AND OMISSIONS - Councilman Fullmer has secured a q~o~e for this type of insurance from Kruse Insurance Company. Cost of policy ix~/approximately $1,900.00. . Attorney Burnett explained the errors and omissions insurance in that it covered full time employees only. That the fear of personal liability is greater than true facts warranted. If council feels it will give comfort in coverage it may be well to provide the insurance. However, most serious risks are excluded in policy. Councilman Romriell felt the city should avail themselves of this additional errors and omissions coverage. Councilman Fullmer moved the city accept the insurance as offered by Kruse Insurance Company. Councilman Kinghorn seconded motion with all councilmen voting in favor. EL CIELITO SUMMONS - Attorney Burnett made a report on this case. Show cause hearing is scheduled June 11. FINANCIAL STATEMENT presented to Mayor and Council. CLAIMS FOR PAYMENT IN JUNE presented to Mayor and Council. Claims were re-viewed. Councilman Kinghorn stated he felt the city police and fire department should quit patronizing Jerry's 4-Wheeler because he is doing his work at his home which is not in compliance with zoning. Mayor and council in complete agreement. Councilman Kinghorn moved the claims be approved with the exception of Boyd L. Fullmer Insurance claim and to approve the purchase of the 1976 Ford pick up from E. Ed Frandro. Councilman Romriell seconded motion and all councilmen voted in favor. Councilman Romriell moved council approve the Boyd L. Fullmer Insurance claim for insurance on baseball players. Councilman Taylor seconded motion and all councilmen voted in favor with exception of Councilman Fullmer who abstained from voting. Meeting adjourned at 12:00 midnite. ve~a c. Armstrong, City cle~ John O. C°tant, Jr., ~y'~r