HomeMy WebLinkAbout03 28 1978 CMCOUNCIL MEETING MINUTES
March 28, 1978
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Minutes of the regular city council meeting held in the city municipal
building March 28~ 1978.
Meeting called to order at 8:00 p.m. by Mayor Cotant.
Present: Mayor John O. Cotant, Jr. Councilmen Boyd L. Fullmer, Dwain A.
Kinghorn, LeRoy S. Quick, Earl L. Romriell, Attorney Burnett, Engineer
Steve Smart, Public Works Director Jordon Stuart and City Clerk Vera
Armstrong.
Mayor Cotant asked for any corrections or additions to council minutes of
March 14 and 17.
Councilman Kinghorn moved to approve minutes of March 14 and 17 as written.
Councilman Fullmer seconded motion with an unanimous vote in favor.
EASEMENT CONSIDERATION - Mayor Cotant explained to homeowners bordering
the water easement between Victor and West Chubbuck Rd. and the water
and sewer easement between Teton and Hawthorne Road that city was con-
cerned with the difficulty city personnel has reading meters in these
easements. The city is making the proposal to slag the easement for
easier access if residents feel agreeable to giving up this property
for an alley.
D. K. Evans, 4738 POnderosa informed council the utility easement is
on the right of his house within l0 foot of his home and he opposes
opening of this easement for traffic.
Mr. Evans told council that fences are not considered permanent
structures on the easements and easements are to be used only for
access by utility companies to service utilities. Mr. Evans noted
there is an irrigation water system in the easement which they all
want to protect. Mr. Evans verbally petitioned the council to
withdraw the proposal in its entirity
Reed Morrison, 4708 Teton, stated his concern about retaining
their irrigation water right and of risers being broken, thinks
sewer is outside of sewer easement and waterline and meters also outside
of easement in areas. Also requests moving of the gate to the ease-
ment along the church property.
Charles Myers, 4646 Teton, told council he felt the residents along
Teton had a gentlemans agreement that sewer easement would remain open
to them, and that the easement property could be used for gardens. Mr.
Myers said they would still like to be able to use this easement ground.
Mayor Cotant told the homeowners present that the citys only desire
is to help homeowners clean up the easement and provide better access
for the city water meter reader. If the homeowners desire to clean up
the easements themselves, this is fine with the city, however, if the
city can help in any way the city would be glad to do so.
Attorney Burnett said that when fences are built in a permanent nature
and interfere with access to easement it could be determined to be
a permanent structure and installed at their own risk, because the
easement would not then be accessable to utility companies. In such
circumstance a utility company may not have any liability to replace
in an original condition.
REQUEST FOR PLAYGROUND EQUIPMENT - Mrs. ~oan Layton, 702 Victor, asked
city to consider providing more playgr~und equipment for the park on
Teton and Victor Street. Mayor Cotant said city would review the
availability of playground equipment and city may be able to add some
more equipment to this area.
R[QU[SI FOR STOP SIGN - Mary ^nn kebsack asked council to consider p]acin§
a stop sign at the east end of ¥ictor ~here it intersects ~ith leton.
Attorney Burnett informed council this would require resolution by
council authorizing the Chief of Police to obtain and place traffic
control signs.
Councilman Fullmer moved for passage of resolution in favor of author-~
izing Chief of Police to instruct the installion of a stop sign at ~- o
corner as it intersects with Teton~___~9_Councilman Quick seconded motion
and all councilmen voted in favor.~
~oo:
DISCUSSION followed on feasible ways of handling traffic on Highway at the Quinn Road overpass.
COMPLAINT OF WATER DRAINAGE ON VICTOR- Mrs. Ann Greener, 712 Victor, made
a complaint of water not draining at intersection of Victor and Tahoe. ~=
Mayor Cotant said a dry well would help but they are expensive and
need to be constructed as city can budget for same. Mayor asked
homeowners to use care in the use of their pressure irrigation water to
prevent excess water ~n~ streets.
APPEAL of Planning and Zoning Commissions action denying a variance request'
to allow them to keep their animals, which consists of six ducks, a
goose and some pigeons.
Mrs. David Lee Edmunds was present and made a plea to the council to
allow them to keep their animals.
David Young, 335 Henry, was present and expressed opposition to the keeping
of these animals as they have been in his yard digging holes and making
mess on lawn, plus the fact their noise wakes them in the mornings.
Councilman Kinghorn related that city received a similar request
from a resident on James Street recently and city turned down the request.
The area is zoned residential and residents are entitled to live in
zone where there is no animals when it is zoned such.
Councilman Romriell feels city don't have right to allow these animals
when they are not allowed in area by zone.
Mayor Cotant said when a pet becomes a nuisance, then something needs
be done and city has the obligation to enforce the ordinances.
Councilman Fullmer said he felt it inappropriate to allow ducks, chicken,
geese in dense residential areas.
Councilman Romriell movedt~eny the appeal of Mr. and Mrs. Edmunds and
approve the action of the Planning and Zoning commission in denying the
variance. Councilman Kinghorn seconded motion, voting was unanimous in
favor.
PUBLIC HEARING - IN ZONING OF AREA FROM SIPHON ROAD south to the Church
lateral from Hawthorne Road west to a north and south line paralell
with the eastern boundary of the Fred Wilson property. Area consists
of approximately 80 acres and city is considering annexation.
Fred Wilson questioned the accurateness of the legal description in the
public hearing
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PUBLIC HEARING cont'd - Mayor Cotant told the residents present that the
city had been considering the annexation of this area for several years.
Mayor Cotant said the council is aware that it would increase taxation,
however, residents have been receiving some city services.
James Walton asked if they would be allowed to keep livestock. Mr.
Walton was informed city does have a regulated livestock ordinance,
however, pigs are not allowed anywhere in the city. Attorney Burnett
told Mr. Walton the city is adopting a new ordinance which will provide
for livestock to be allowed by special permit.
Mr. Ray England also questioned if dogs need to be licensed and would
be required to wear the license tag. City had ordinance requiring the
licensing of dogs and the wearing of tag.
Mr. Walton said that he was against being required to hook up to the sewer.
Mr. Ken Orton asked what the benefit would be after annexation. Mayor
Cotant told Mr. Orton that some benefits would be fire and police protection,
water and sewer service and snow removal.
General discussions in regards to zoning and annexation were on the
following subjects; 1) pressure irrigation system being affected
2) property tax increase 3) reguirement of hooking up to sewer
4)concern about animals allowed 5) requirement of hooking up to city
water 6) possible location of future sewer lines 7) city control
in regards to building if not annexed 8) location of future streets.
Attorney Burnett reminded council and those present that the purpose
of the hearing is the zoning to be applied to the area in the event
of annexation.
James Walton asked if city would honor his sewer easement agreement.
Attorney Burnett told Mr. Walton a contractural agreement with city
would prevail over city ordinance.
HOmeowners and city generally agreed upon area being zoned Agricultural
Transitional with the exception of Dell Road which would quite possibly
be zoned a combined residential livestock zone.
PUBLIC HEARING ITEM - A hearing to determine zoning to be applied to the Planned Communities Subdivision in the event of annexation.
Engineer Jim Baird and Klane Forsgren 6f Forsgren, Perkins and Associates
engineering firm and Roy Miller, Jr. developer were present representing
the Planned Communities development.
Mr. Miller stated the only objection at the Planning and Zoning
hearing was a boundary dispute in regards to the west side of the ~ "J:
subdivision. A letter from Mr. Henschied has been received by city
withdrawing any objections to the plat as the disputed boundary has
d by q ty t~
been resolve uit claim deeds to proper owners to the wes
Councilman Romriell said he opposed the development because of the
lity
air qua at this particular location, and he was not sure the
ity h ision.~
c as wa~er and sewer facilities sufficient to serve the subdiv
Mr. Miller told council they have definitely requested annexation to
the city.
Mayor Cotant said he questioned the wisdom of zoning property commercial
on the outskirts of the city as the city is concerned about development
of a city center and commercial development within the city center area.
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PUBLIC HEARING cont'd - Councilman Fullmer said he was concerned with a
timetable for orderly and consistant development of the proposed neighbor-
hood commercial area.
Mr. Miller recommended city set aside areas for neighborhood commercial
development in their long range planning.
Attorney Burnett told council subdivisions shall be designed to meet
specific requirements for zoning district within which it is located.
That council cannot proceed with process of preliminary plat until
determination has been made regarding any proposed zone change.
Attorney Burnett said city is now considering a new land use concept
and how this particular area will be zoned could be determined by the
April 6 hearing to be held by the Planning and Zoning Commission.
Attorney Burnett added that city will be itemizing a set of uses for
neighborhood commercial. The 9.3 acres of neighborhood commercial
may not detract from downtown Chubbuck city and city is not certain
what retail business in satellite area would affect city development.
Mr. Miller stated he would prefer not to pull out the commercial zone
from the plat at this time, he believes plat is unique and an asset to
city.
Councilman Quick said he felt the development would be conducive to
city growth but feels city needs more control of what goes into the
commercial zone.
Mr. Miller told city the indecision of development is an expensive
situation and he would appreciate an indication of whether they will
be able to develop this year or not.
Mr. Miller asked if city would approve zone and annexation subject
to agreement of type of commercial development.
Attorney Burnett informed Mr. Miller and council the city could not
enter into contractural zoning.
Mayor Cotant said he would like to know how long commercial property
would just set there prior to development.
Mr. Miller said if city wants to set restrictions requiring them to
maintain area in certain condition to assure it would not become a
weed patch they would comply.
Mr. Miller told council that with a ratio of 3 to 1 of parking to
commercial development, the nine acres is really not such a large
area.
Attorney Burnett told Mr. Miller
than one meeting away from being
that the city should not be more
able to take action on zone and
preliminary plat and recommended the matter be tabled for one meeting.
Councilman Fullmer made following observation; even though area is
non attainment, o~ if this piece of ground should be brought into city,
he has a basic reluctance to deny annexation, but he feels uncertain
of such a large area for commercial.
Councilman Quick moved to table any council action on zoning, annexation
and the preliminary plat at this time. Councilman Fullmer seconded.
All councilmen voted in favor of motion.
PIGS IN CITY - Council discussed allowing pigs in city. Mayor and council
were in full agreement that the present ordinance which does not allow
pigs in the city should be enforced.
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Councilman Romriell moved, Quick seconded, with all councilmen approving
that meeting adjourn at 12:45 a.m.
,]/John O. Cbtant, Jr., Ma,/or
Vera C. Armstrong, City Cle~
PURCHASE OF PICKUP FOR STREET DEPARTMENT - Mayor and council discussed
the purchase of a pickup truck. Two trucks were considered, a new
Datsun with automatic transmission for $4,360 and a new Ford, 5/8 Ton
truck for $4,975.
After discussing, Councilman Quick moved city purchase the Ford pickup
truck. Councilman Romriell seconded motion. All councilmen voted
in favor of motion.
A WORKSHOP to be held jointly with the Planning and Zoning Commission
on the land use ordinance, development ordinance and comprehensive
plan was set for Tuesday, April 3rd at 5:00 p.m.
APPROVAL OF MINUTES - Councilman Kinghorn moved to reconsider approval
of March 17 minutes and to approve with amendments as requested by
Attorney Don Burnett. Councilman Quick seconded motion with an unanimous
vote in favor.
Attorney Burnett requested the three following grammatical amendments
to minutes of March 17.
Amend 1st paragraph, page 43 to read "and direct mayor to communicate
that to Starline Equipment (2 determine what alternative bid, if any, --".
Amend 4th paragraph, page 43 to read "Attorney Burnett informed council
this could be included in the record on Councilman Kinghorn's request,
only as an expression of the Councilman's present opinion."
Amend beginning of motion at bottom of page 43, "Councilman Romriell
moved that council make a finding--" instead of "Councilman Romriell
moved that finding by council is --".
SAFER BUS STOPS - Ray England asked council if they could do anything
about providing for or arranging for safer pick up of school children
at the intersection of Siphon and Hawthorne Rd. area. Mayor told Mr.
England the police chief was working with the school district on Safe
locations for bus stops and would review this location for recommendation
to school district.