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HomeMy WebLinkAbout11 09 1976 CM COUNCIL MEETING MINUTES 129 November 9, 1976 Minutes of the regular council meeting held in the city municipal building November 9 1976. ' Present: Mayor John O. Cotant, Jr., Councilmen Boyd L. Fullmer, Dwain A. Kinghorn, Earl L. Romriell and Wayne G. Taylor. Engineer John Alder, Attorney Don Burnett and Vera C. Armstrong. Mayor Cotant asked for corrections or additions to minutes of October 26. Councilman Romriell asked that under title'Bengal Construction Claim" the minutes be amended to read Councilman Romriell moved for city to approve claim. With no other changes Councilman Romriell moved to approve October 26 minutes with amendment as noted. Councilman Taylor seconded motion and all councilmen voted in favor. REQUEST TO VACATE PORTION OF TURNER SUBDIVISION - Doyle Chatterton, owner of the Turner Subdivision has submitted a formal request to vacate a portion of the Turner Subdivision so that he might file his replatted Chatterton Subdivision. Attorney Burnett reported the procedure for vacating would require two publications in the newspaper one week apart and a 30 day waiting period for any objections to be filed. Councilman Romriell moved for city to start proceedings to vacate that portion of Turner Subdivision as described in letter of request to vacate. Councilman Fullmer seconded motion and all councilmen voted in favor. CHATTERTON SUBDIVISION FINAL PLAT - Bob Thompson, Engineer and Doyle Chatterton, owner represented the presentation of the Chatterton Subdivision final plat. Engineer Alder suggested the city require a 20 foot easement where sewer easements are shown, that the water line shown on the south side of Norcrest Lane be moved to the north side of street with the sewer on the south side. Fire hydrants are required each 600 foot and plans will require another hydrant. Mr. Alder also recommended water line to be stubbed to dead end of Ramsgate Drive and the proper amount of valves be installed. Attorney Burnett advised council not to approve the final plat on the Chatterton Subdivision until the Turner Subdivision is vacated so the Chatterton Subdivision can be filed and recorded. Mr. Chatterton voiced objection of non-acceptance of plat at this time. Mr. Chatterton said he thought the plat would be approved tonight so he could be issued building permits and start building as the weather and time element was very close to get any construction started on additional lots this fall~ Engineer Bob Thompson explained to council that the Turner and Chatterton Subdivisions were basically platted the same on the north side of Bedford Drive and a building placed on a lot in Chatterton Subdivision would conform also to the Turner Subdivision and would the city consider issuing building permits for these lots. Attorney Burnett said if the city wanted to waive the prohibition of issuance of building permits because lots lay in relation to one another in each plat they could. Engineer Thompson said Mr. Chatterton would comply with the setback requirements and then compliance would be in full force with either the Turner Subdivision or the Chatterton Subdivision. After further discussion Councilman Taylor made motion that since the property structures would conform to each plat that the prohibition against the issuance of building permit cOntained in Chapter 6, Section 4, Subdivision Ordinance #97 be waived. Councilman Kinghorn seconded motion and all councilmen voted in favor. 131 AZTEC PARK SUBDIVISION - Roger Seaton Developer and Engineer Bob Thompson re- presented the Aztec Park Subdivision preliminary plat. Engineer Alder has suggested the north and south streets be straightened out for safety and also so that water and sewer lines don't cross. Engineer Thompson said he preferred the plat as designed for various reasons. 1) The curved streets would provide a more desirable subdivision because of eliminating the long straight streets and 2) F.H.A. disliked the plan of long straight streets in the Alturas Park Subdivision. Council discussed the curved street and basically felt the curved streets would be acceptable to overall planning of plat if the water lines and sewer lines con- formed to curve of street without crossing. Boyd Street extension - Engineer Alder requested Boyd Street extend straight west. This would provide a continuous east-west street and utility lines would be in street instead of easement as shown on plat. Council felt that a short jog for extension of Boyd would be acceptable so that Boyd Street would be north of the curved portion of streets and would allow the water and sewer utilities to be in the street instead of easement as shown on plat. City Engineer Alder also stated fire hydrants would be required every 600 ft. It was determined if Boyd Street is moved the fire hydrants could be placed every 600 ft. without a hydrant being placed on the corner. Access street to west discussed. Council felt a street access to west should be provided. Engineer Thompson said he felt the proper street to extend to the west should be the most northern east-west street in subdivision. Councilman Romriell asked about furnishing park area. Developer Roger Seaton informed council he had said he would provide a pump on the well in Alturas Subdivision in lieu of park when he developed this subdivision and he reiterated his offer. Councilman Kinghorn said he felt the city should accept the well and pump offer with certain specifications and at a specified time. Mayor and other councilmen agreed. Mr. Seaton stated he would provide a pump on well in Alturas Park Subdivision at such time the Aztec Park Subdivision is accepted complete. Councilman Taylor moved to accept the Aztec Park Subdivision preliminary plat with provisions that Castle Street be moved south and be extended to west property line as Boyd Street. North and South streets shall remain curved with water and sewer lines to conform with curved streets and not be crossed. All other construction shall be in compliance with subdivision ordinance. Well will have a 20" casing and that Mr. Seaton will furnish a pump for well in Alturas Park Subdivision at such time the Aztec Park Subdivision is accepted complete. That the pump will be connected and ready for service. Councilman Romriell seconded motion. All councilmen voted in favor of motion. Mr. Seaton said before acceptance of Alturas Park streets, water and sewer utilities the well will be drilled. BAR X TRACTS - Proposed street change - Klane Forsgren, Forsgren, Perkins and Associates has suggested that Charity Street in the Bar X Tracts be moved to the east side of the Steve Clinkscale property instead of along the west side, as there is not enough width for a 50 ft. street along the side of Mr. Clinkscales property on the west. Attorney Burnett requested he be given the information on current status of approval of county in regards to the Bar X Tracts so that he might advise ciSy in regards to procedures for the change. 133 ZONING NON-COMPLIANCE - Laramie Ankrum, 205 East Chubbuck Road was present and voiced objection to wrecked and abandoned cars on property across from his residence and property and asked if city was taking steps to remove these cars. Attorney Burnett stated storage of wrecked and abandoned cars at the Valenty property location is not in compliance with city zoning. Councilman Romriell suggested Mr. Marvin Christensen be notified he is in violation with zoning. Mayor and council agreed. PUBLIC HEARING - City council to consider if city's zoning ordinance should be amended to allow, as a conditional use or otherwise, the establishment, in any commercial or light industrial zone, of a facility for the storage over a limited period of time of a restricted number of abandoned, wrecked, dismantled or inoperative motor vehicles. Attorney Burnett stated he personally felt the city should provide small satellite storage in small limited number at some commercial or industrial location. Attorney suggested the council recommend the Planning and Zoning commission reconsider whether or not to to allow a facility for a restricted number of abandoned, wrecked, dismantled or inoperable motor vehicles as a conditional use or otherwise in a commercial or light industrial zone in city. Councilman Kinghorn said he felt the Planning and Zoning Commission should reconsider the providing of such a zone. Discussion followed on the location of a Light Industrial (M-l) zone lying adjacent to residential zone between Yellowstone Highway and the railroad tracks. Councilman Romriell also recommended the Planning and Zoning consider rezoning the Light Industrial property next to this residential zone to commercial and then consider a zone or conditional use for stored, wrecked or abandoned cars. Mayor and council agreed. BRIAR WOOD MOBILE HOME PARK - Ralph Henderson, Boyd Henderson and R. Jay Henderson were present as were several residents from the Briar Wood Mobile Home Park. Mr. Boyd Henderson told the council they have been unable to get telephone service to the tenants in their park and asked city if they could issue a permit along any route to the park. Several avenues of telephone utility construction were discussed. One location suggested by Mountain Bell for permit was in utility easement along Eagle Street in the Mobile Manor Addition #2, and for the present to provide overhead service across Chickadee Street until such time Mobile Manor Addition is complete and then to install the line underground. Attorney Burnett asked Mayor and Council if in providing the telephone line to Briar Wood Mobile Park Mountain Bell was to use the utility easement along Eagle Street and if 1) going overhead is the only alternative and if 2) Mountain Bell won't go over Chickadee Street without a permit, 3)Will the city council agree to issue a permit realizing there will be a possibility of litigation? After further discussion Attorney Burnett informed council they could waive the requirement that all communication lines be underground and a) decide if poles were to be placed permanently or b) will allow a temporary placement of pole which will need to be placed underground at later time. Councilman Kinghorn, Fullmer and Taylor all voiced objection to issuing a permit. Mayor and council further discussed the problem and determined if any steps were necessary on city's behalf they might consider waiving the underground utility requirement. !35 HENDERSON WATER HOOK-UP FEE - The water hook-up charge billed Hendersons to serve the Briar Wood Mobile Home Park is $1,750.99. The Hendersons said they misunderstood the agreement on the hook up and have asked for an adjustment. The council have discussed adjusting the water hook-up fee the amount of the cost difference between an eight inch and a six inch water line. The city has participated with other developers in cost of lines over six inch installed in main streets. The adjustment would amount to $1.45 per foot. After further discussion Councilman Taylor moved to adjust the charge the difference in cost of eight inch and six inch pipe, which amounts to $1,631.25. Councilman Fullmer seconded motion. Roll call vote: Fullmer, yes; Kinghorn, no; Romriell, yes; Taylor, yes. RESOLUTION #11-76, which will allow the city to reimburse the General Fund Account $26,710.20 from Water Revenue Bond Construction and Acquisition Account. Councilman Kinghorn moved to adopt Resolution #11-76, Councilman Fullmer seconded motion. Roll call vote: Fullmer, yes, Kinghorn, yes; Romriell, yes; Taylor, yes. RESOLUTION #12-76, which allows the city to reimburse the Waterworks Fund Account $16,620.61 from Water Revenue Bond Construction and Acquisition Account. Councilman Taylor moved to adopt Resolution #12-76. Councilman Romriell seconded motion. Roll call vote: Fullmer, yes; Kinghorn, yes; Romriell, yes; Taylor, yes. RESOLUTION #13-76, which allows the city to pay the following creditors claims submitted in the following amounts. 1) Dawson, Nagel, Sherman & Howard, Bonding Attorney $ 5,521.97 2) Bosworth, Sullivan & Co., Inc., Financial Consultant 2,600.00 3) F. W. Kahley & Son Construction - 3rd Estimate 20,668.50 4) Idaho Bank & Trust Co. - Interim Certificate -paid 87,498.63 5) Empire Construction Co. - 3rd Estimate - paid 11,377.02 Items #4 and #5 have previously been approved for payment by c6uncil and amounts have been paid prior to this resolution. Councilman Fullmer moved to pay the sum of $28,790.47 to the creditors specified above in items #1, 2, and 3. Councilman Kinghorn seconded motion. Roll call vote: Fullmer, yes; Kinghorn, yes; Romriell, yes; Taylor, yes. OUTSIDE CITY SEWER SERVICE - Mr. and Mrs. Ray England are requesting permission to receive water and sewer service from the city. They are presently outside city limits. They plan to build a home on property adjacent to the city sewer line easement. Sewer easement is on the James E. Walton property. The Waltons are Mrs. England's parents. After some discussion Councilman Romriell moved to approve the water and sewer service according to engineer's approval. Councilman Taylor seconded motion with an unanimous vote in favor of motion. FINANCIAL STATEMENT presented to Mayor and Council. CLAIMS to be paid in November presented to Mayor and Council. After reviewing claims Councilman Taylor moved to pay claims including claim to Dan Stuart. Councilman Fullmer seconded motion and all councilmen voted in favor. Mayor Cotant informed the council he would like to use the November 16th Tuesday meeting to meet with the property owners along Yellowstone Highway Project_in ~egar~s %o a Local Imrpovement District or other means to provide sidewalks a~ong n~gnway. 137 ANIMAL CONTROL - Mayor and council discussedifcity could charge for taking dogs to animal clinic when city residents made the request or just what the procedure should be in such a case. No decisions made. OUTSIDE CITY LIMIT SEWER SERVICE - Justin Lowder, West Chubbuck Rd, is requesting outside city limit sewer service. Engineer Alder to review the proposed plan and Mr. Lowder will again request this service. MUNICIPAL IMPROVEMENTS AND ADVISORY BOARD - Councilman Fullmer requested the council consider filling the vacancies on the MI & AS Board as soon as possible. Mayor Cotant said he would proceed with these appointments. Councilman Fullmer informed council the MI & AS Board have requested $102.00 for poster awards at schools. Council approved the expenditure. Councilman Fullmer also said the board suggested the city office stay open during lunch hour. All councilmen felt the office should remain open and this will be taken care of. Meeting adjourned at 12:20 a.'m. Vera C. Armstrong, Clerk J /~Mayor John O. Cotant, Jr.