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HomeMy WebLinkAbout03 14 1978 CMCOUNCIL MEETING MINUTES March 14, 1978 33 Minutes of the regular counicl meeting held in the city municipal building March 14, 1978. Present: Mayor JOhn O. Cotant, Jr., Councilmen Boyd L. Fullmer, Dwain A. Kinghorn, LeRoy S. Quick, Earl L. Romriell, Attorney Don Burnett, Engineer John Alder, Engineer Steve Smart and Clerk Vera Armstrong. Meeting called to order at 8:00 p.m. by Mayor Cotant. Mayor Cotant asked for corrections or additions to minutes of February 28 council meeting. Councilman Romriell noted that no answers had been given to John Alder in regards to his question of neighborhood commercial zoning in the Mountain View Subdivision. Councilman Romriell noted the development should not be planned with the idea that commercial zoning will be approved, that he feels it very unlikely that neighborhood commercial could become a reality. Councilman Fullmer said he would not want to take the approach that council discourages a neighborhood commercial zone, as he more or less favors neighborhood commercial zone for this particular area. Council did not want the above comments added to February 28 minutes but asked that comments be entered in this set of minutes. Councilman Romriell moved to approve minutes of February 28 as written. Councilman Fullmer seconded motion with all councilmen voting in favor. CHUBBUCK LUMBER-Weldco, Inc. USING STREET FOR UNLOADING OF TRUCKS - Lawrence DeVisser, owner of Chubbuck Lumber Co. and Weldco Inc. has been invited to meeting to discuss problem of Ward Drive being blocked at times by delivery of supplies. Mr. DeVisser said he felt the city should adopt some ordinance to allow the use of street for unloading in commercial and industrial zones. Mr. DeVisser informed council that Pocatello had told him that their city has an ordinance allowing businesses to completely block streets when unloading supplies. Councilman Kinghorn noted that he had seen the street completely closed at times. Councilman Fullmer remarked he felt that the problem can become a workable solution. Mr. DeVisser suggested to council if city would consider paving the street they would consider participating. Mayor Cotant told Mr. Devisser perhaps it would be a more workable solution for Chubbuck LUmber to pave the street wider for more convenience for un- loading purposes. Councilman Quick said that the more congested the development of the area becomes the less desirable it is to be blocking streets, especially by ordinance. It was generally agreed that efforts by all could alleviate the problem. HITCHCOCK ACRES - Jerry Hitchcock has platted his property which lies on the south side of Evans Lane. Mr. and Mrs. Jerry Hitchcock, Lynn Hitchock, and Tom Stoutenburg with Northwestern Engineering presented the final plat, the area is in a commercial zone. Lynn Hitchcock has had a variance approved to build a residential home on one of the lots subject to satisfaction of the platting requirement. The Planning and Zoning Commission waived the preliminary plat and recommended approval of the final plat. 35 HITCHCOCK ACRES cont'd - Jerry Hitchcock has a well which will lie alongside the street and within the street right-of-way and council agreed for the well to be fenced off at the present time and if at a later time the fence becomes in the way, a heavy manhole could be placed on the well as a cover, however, the full 20 ft. will be available for street platting. Engineer Tom Stoutenburg said there was a survey error and he has prepared the final plat with signatures of all concerned with survey stake placements. Councilman Romriell moved to waive the preliminary plat requirement and approve the final plat of Hitchcock Acres subject to engineer's approval and final plat signatures in regards to surveying are obtained on plat. Councilman Quick seconded motion. Voting was unanimous in favor of motion. BRISCOE PRE-APPLICATION PLAT was presented by Franklin Briscoe. Mr. Briscoe wanted to get the feeling of street layout for the development. Council discouraged the platting of lots fronting on Hiline Road. RIGHT-OF-WAY MAP - EVANS LANE AND BURLEY DRIVE - Engineer Tom Stoutenburg presented a detailed map to mayor and council showing right-of-ways needed for construction of a 40 ft. street for Evans Lane and Burley Drive. WHITEWATER SUBDIVISION was presented by Klane Forsgren of Forsgren, Perkins and Associates Engineering f~rm. The subdivision lies within the impact area of the city of Chubbuck. Mr. Forsgren noted the location of the subdivision will be north of 2½ Mile Road and west of Interstate 15. Mr. Forsgren told council tests have indicated there is a hot water reservoir at approximately 3,000 ft. deep and this area would be desirous for commercial and industrial development. The subdivision consists of 99 lots with a minimum of 10,000 square foot per lot. Mr. Forsgren told council the subdivision would be developed according to Chubbuck city standards. A new access street would be developed with access onto Hiline Road at a point north of the present 2½ Mile Road. Councilman Fullmer moved that since the city has no objection to the Whitewater Subdivision Plat the council authorize Mayor Cotant to send a letter to county commissioners that city has reviewed the plat and has no objections if developed to Chubbuck city standards. Councilman Romriell seconded motion with an unanimous vote in favor. COMMERCIAL DEVELOPMENT - Greg Helm, with Custom Craft, reviewed with mayor and council that he has a commercial building under construction at this time on Valenty Road and since the start of construction, plans have changed in regards to use of the building, namely, selling business units rather than renting units. Mr. Helm showed a layout of a condominuim plat drawing of his development which detailed the main building, paved loading and unloading areas, parking areas and division of units within the main building. Attorney Burnett informed council that condominiums are expressly covered in the subdivision ordinance by platting. Units will be separately titled for sales purpose. Attorney Burnett recommended the declaration of condominium be prepared prior to acceptance of the final plat. Mr. Helm was told he could present his plat to the Planning and Zoning Commission at April 6 meeting. RE-NAMING OF CANAL STREET IN ROY ADDITION AND HIEGHTS SUBDIVISION - Roy J. Lacey has submitted a letter of request to city asking that "Canal Street" in the Roy Addition and Heights Addition be renamed to "James Street. Council expressed no opposition to the renaming of "Canal Street". When the letter of request is received from Rodney Clark for.the same name cha~e of, street in ~be Heights Subdivision, Attorney Burn~tt told council he wouJo neeo a oescrlp~lon ~ ~ to draw up an'ordinance renaming the street. 37 STREET SWEEPER - Attorney Don Burnett read a memorandum to mayor and council in regards to the street sweeper transaction. Mayor Cotant asked council if there was any change in their desire for purchase of the sweeper. Councilman Romriell asked Mr. Terry Strague if he would honor his bid with the damaged sweeper. Mr. Sprague told council that he had allowed $2,000.00 as a trade-in value for the old street sweeper that has been damaged in an accident and that he would need to receive an additional $2,000.00 for purchase of the new machine. Councilman Fullmer said if contract is to be honored and is now in force, Starline Equipment now owns the older sweeper that has been damaged and that any damage liability could be collected by Starline Equipment since the contract is legally in force, with no increase in price to city for the new sweeper. A discussion followed as to options on sweeper, City council has made extensive research into features of various sweepers. Councilman Kinghorn said he did not want the hydrostatic drive on the Elgin III Pelican sweeper. Attorney Burnett stated his front recommendation is to hold to the contract or pay whatever damages necessary for the breach of contract, if city so desires. Terry Sprague told council he would say that Starline Equipment would still be interested in the contract, however, he cannot say for sure without contacting them. Councilman Fullmer told council the city has done substantial research in regards to sweeper purchase, in observing sweepers has discovered all are subject to expense, down time, etc., all do comparatively good job of sweeping, and that from his personal observation is that Elgin Pelican III would still be a machine the city could well use. Mr. Sprague is to contact Mayor Cotant in regards to honoring the present sales contract. TANABE - SHIOZAWA DEVELOPMENT PROPOSAL - George Shiozawa, Mae Shiozawa, Dr. Tanabe from California and Lester Unoye, Architect from California were present representing a concept of proposed development for the Tanabe Ranch. A detailed plan of the development with a city civic center to be centered among multiple housing, shopping center and commercial businesses was shown bordering Yellowstone Highway and industrial development proposed to border the railroad tracks. It was proposed the civic center be built by the developers and leased back to city on long term purchase agreement. Attorney Burnett said that city cannot incur liability beyond the years revenue or bind themselves for capital improvements beyond a years financing. A binding long term agreement is beyond the powers of the city. A general obligation bond could be considered for the project, however. Mr. Shiozawa asked mayor and council if they gave the four acres to city if city would build the city complex. Again, the answer would be according to if the city had money to build or could pass a general obligation bond to finance the construction. Mayor Cotant thanked those present in regards to the Tanabe Ranch development for their presentation and offer on behalf of the city. REZONE REQUEST - Bart Parrish requested city approve a Combined Residential 39 zone for all property owned by Land Investments which lies east of Hiline Canal. Mr. Parrish told council they had requested this earlier and the request had been tabled. It was determined the described area for the previous hea~ing was not the same description as now being requested for rezoning. Pr. Parrish was told if he submitted his rezoning request to the city clerk's office by Thursday, March 16, the hearing could be held at the Planning and Zoning's April 6 meeting. ORDINANCE # 187 Amending Sections 5 (b) and 5 (c) of Chubbuck City Ordinance #185, to correct clerical errors or omissions, to provide that an animal is an animal nuisance within the meaning of the ordinance if it is diseased or has a vicious nature and is not or cannot be secured by the owner to alleviate the danger that it will spread disease or that it will inflict property damage or personal injury, etc. was read in full by Attorney Don Burnett. Councilman Romriell moved to dispense with rule of reading ordinance on three separate days. Councilman Kinghonr seconded motion. Roll call vote: Fullmer, yes; Kinghorn, yes; Quick, yes; Romriell, yes. Councilman Kinghorn moved to adopt Ordinance #187. Councilman Quick seconded motion. Roll call vote: Fullmer, yes; Kinghorn, yes; Quick, yes; Romriell, yes. STORAGE TANK - WATER - Attorney Burnett reported an informal meeting was held between councilmen, mayor and Forsgren, Perkins and Associates engineers in regards to the storage tank leaks. Attorney Burnett reported the city have agreed to explore rules governing abritration disputes, and concurrently the engineers will make recommendations of what needs be done to repair tank and send to contractor. Attorney Burnett informed council the city will notify the surety when necessary action need be taken. FINANCIAL STATEMENT PRESENTED TO mayor and council. CLAIMS PRESENTED TO mayor and council. After a thorough review of claims, Councilman Romriell moved to approve the claims for payment. Councilman Fullmer seconded motion with all councilmen voting in favor. FINANCIAL STATEMENT from Med-Alert Ambulance was requested by Mayor Cotant. Councilman Romriell moved, Fullmer seconded with all councilmen approving for meeting to adjourn at 12:45 a,m. Ve~a C. Armstrong, City Cler~ ~ohn O. Cotant, Jr., M~or