HomeMy WebLinkAbout03 14 1978 CMCOUNCIL MEETING MINUTES
March 14, 1978
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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.
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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.
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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