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HomeMy WebLinkAbout03 28 1978 CMCOUNCIL MEETING MINUTES March 28, 1978 45 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 49 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. 51 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. 53 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.