HomeMy WebLinkAbout05 23 1978 CMCOUNCIL MEET!NG MINUTES 81
May 23, 1978
Minutes of the regular council meeting held in the city municipal building
May 23, 1978.
Present: Mayor John O. Cotant, Jr., Councilmen Boyd L. Fullmer, Dwain A.
"Kinghorn, LeRoy S. Quick, Earl L. Romriell, Attorney Donald L. Burnett,
Engineer Steven M. Smart, and City Clerk Vera C. Armstrong.
Meeting called to older at 8:00 p.m.
Mayor Cotant asked for corrections or additions to council meeting minutes
of May 9, 1978 and public hearing minutes of May 16, 1978.
Councilman Romriell moved to approve the May 9 minutes as written. Councilman
Fullmer seconded motion, all councilmen voted in favor.
Councilman Quick moved to approve the public hearing minutes of May 16 as
written. Councilman Kinghorn seconded motion, all councilmen voted
in favor.
BUILDING PERMIT REQUEST - Keith Merrill and Max Merrill were present re-
questing special permission to be issued a building permit to build a
home on property bordering Tree Valley Road and approximately 600 feet
north of East Chubbuck Road.
Mayor Cotant told the Merrills the division of property along Tree
Valley Road has triggered the subdivision ordinance and no building
permits can be issued.
Engineer Smart recommended to council that the entire street of Tree
Valley Road be subdivided.
Mayor Cotant asked the Merrills to get with Engineer Smart during the
following week, to determine if Tree Valley Road is dedicated to public
or for private use, and if property owners along Tree Valley Road would
voluntarily and jointly plat the property.
CITY COOPERATION WITH JAYCEES AND JAY-C-ETTES CONCERNING USE OF OXBOW MOTOR
INN swimming pool for swimming lessons for Chubbuck children.
John Sheehy, representing theJaycees and Jay-C-ettes, said the purpose
of the program is to provide swimming lessons to Chubbuck children.
Alan Plimpton, owner of the Oxbow Moto~ Inn has offered the use of the
Oxbow Motor Inn swimming pool for these lessons until 1:00 p.m. each
day. Mr. Plimptons only stipulation is that maintenance and liability
insurance be provided by the sponsors. It is estimated that 300 to 400
children could receive lessons in this program by running two week
sessions over an eight to ten week period. Classes would be offered
for pre-school through 12 years of age.
The Jaycees and Jay-C-ettes would provide manpower for pool maintenance
and registration.
It is requested that the city fund the amount necessary to cover costs not
covered by the registration fee. Also that the city administer the
salary to be paid an instructor and helper. Instructors would be
required to have had first aid instruction.
Councilman Fullmer suggested that because of lack of time and urgency
of providing insurances perhaps Mr. Plimpton might be encouraged to
provide t~e insurance.
Mayor Cotant told Mr. Sheehy that he would like Councilman Fullmer to
follow through on the insurance study.
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SWIMMING LESSONS cont'd - Councilman Romriell encouraged that the program be self-supporting as nearly as possible.
City clerk told council that Attorney Burnett had said that if city
provides liability insurance the city would probably need to contract
for the use of the pool.
Mayor Cotant asked Mr. Sheehyto keep working on plan~ and the city will
cooperate.
BRISCOE SUBDIVISION - Franklin Briscoe, developer and Dan Daley, engineer
of Forsgren, Perkins and Associates presented the final plat of the
Briscoe Subdivision.
The placement of mail boxes within the subdivision was discussed.
Engineer Smart reported the subdivision has allowed some footage for a
future 80 ft. Hiline Road. Mr. Briscoe has requested that Vern Drive
be completed only to the west edge of the subdivision.
The platting of acreage north of Vern Drive was discussed, Mr. Briscoe
said he had considered platting at this time, but is not going to.
Councilman Kinghorn suggested that Vern Drive be closed at the west
edge of the Briscoe subdivision.
Councilman Romriell moved to accept the Briscoe Subdivision final plat
provided that Vern Street be barricaded at the west end of subdivision
with a locked gate, and with other corrections as noted on plat by engineer.
VICTOR EASEMENT CONSIDERATION - Mrs. Sherry Yastrop, 640 Victor, read from
t,he.i,r restrictive covenants as to the easement on back of their property
wn~cn allows their usage of easement and providing that no structure shall,~
interfere with maintenance of utilities.
Mrs. Yastrop told council that a fence has been installed enclosing
easement on neighbors property and the gate has been padlocked. They had
a horse injured last week and could not get through to get their horse out.
Attorney Burnett said that structures placed upon a utility easement
that are permanent can be removed for maintenance.
Attorney Burnett told Mrs. Yastrop that their ~se of the easement within
their restrictive covenants would need to be enforced by the neighborhood,
and that she should be a beneficiary to the rights of the easement, through
their restrictive covenants. Restrictive covenants would probably take
a judicial order to enforce but a neighborhood committee could be organized
to i~elp get the neighbors to cooperate in usage of the easements.
STREET SAFETY - Mrs. Yastrop, 640 Victor, asked the city to build speed checks on Victor to slow down traffic.
Councilman Romriell suggested the installation of sidewalks for the
childrens safety.
Mayor Cotant asked if she thought a neighborhood meeting to create pride in
neighborhood and safety for children would help.
Mr. Glen Marshall suggested some citizens arrests by the neighbors, e.g.,
taking down license numbers and reporting same to the police department.
Councilman Fullmer said there was a dip in Victor Street now that really
slowed traffic down and perhaps another one would help.
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CHILTON SUBDIVISION - BUILDING PERMIT - Mr. Gregan has purchased property
from Mr. LaMar Armstrong and wants to obtain a building permit from
the county to build a home on one of the proposed lots in the Chilton
Subdivision. Mr. Armstrong is platting the Chilton Subdivision.
The county said they will not issue the building permit until the city
of Chubbuck approves the preliminary plat.
Engineer Smart said that Mr. Armstrong had the basic information on his
plat that is necessary on most pre-liminary plats, that the non-approval was
basically because Mr. Armstrong did not know what subdivision requirements
he desired and needed to ask a waiver for.
Mayor and council told Mr. Gregan that the city cannot approve the pre-
liminary plat until Mr. Armstrong presents his plat with the specific
waiver requests he desires.
STREET REPAIR - Mr. Miles C. Doty, 5049 Whitaker, related to mayor and
council that he had requested gravel on the shoulders of Whitaker Road
last fall. He informed the council that the city had placed gravel
along the shoulders of Whitaker Road but had stopped at his property
line.
Mayor Cotant thanked Mr. Doty for coming to the meeting and told him
the city would try a second time to get some gravel on the shoulders
of Whitaker Road at the location of his property.
WATER CONNECTION REQUEST - Sharon Harris, Tree Valley Road requested that
she be allowed to hook up to the city water system. It will be necessary
for her to acquire easements from Michael Bunce and two property owners
in the Bunce subdivision to run a private service water line approximately
500 feet to her home.
Engineer Smart recommended the water service be required to be taken
out of service at earliest possible time if the connection is allowed.
Mayor Cotant asked Engineer Smart to review the situation and determine
where the best location for a water service line will be.
Councilman KInghorn stated he would like to go on record as objecting
to plastic pipe because of breakage.
PUBLIC HEARING - CONTINUED PUBLIC HEARING ON THE ADOPTION OF A COMPREHENSIVE
PLAN AND RATIFICATION OF AN ORDINANCE ESTABLISHING AN AREA OF CITY IMPACT.
Mayor Co,ant declared the public hearing open on the above-mentioned
hearing.
Charlie Frasure, 100 Laurel Lane, told council that he is concerned about
property he owns being zoned Industrial.
Attorney Burnett told Mr. Frasure that he could request Planned Unit
Development as a conditional use in Commercial and Industrial zones, which
would allow some residential development.
George Shiozawa, 5328 Yellowstone, requested that 26 acres of property
he owns which is bounded by ~hitaker Road, Siphon Road, the present
city limits and proposed Industrial along railroad tracks be zoned
Industrial.
The present proposed zone for this property in the comprehensive plan
map is General Residential (R-2) bordering Whitaker Road and Industrial
bordering railroad tracks.
Council and mayor discussed how traffic control can be regulated by
present provisions in the land use ordinance.
PUBLIC HEARING cont'd -
Prior to a vote on pending motion, Councilman ~uick moved to substitute
for his original motion, a motion to pass a resolution adopting the
original draft of the comprehensive plan as initially proposed to the
Planning and Zoning Commission with the following changes which take
into consideration the recommendations submitted by the Planning and
Zoning Commission; the changes to consist of the same changes as set
forth in sub-paragraph 1 through 8 of the May 16, 1978 minutes plus
a new sub-paragraph #8, c.
Providing that the area presently shown as General Residential (R-2)
be instead designated as Industrial in the area bounded by Siphon Road,
Whitaker Road, a line running parallel to Siphon Road one-fourth mile
south of Siphon Road, and the other area presently shown as Industrial.
Councilman Fullmer seconded the substitute motion.
Mayor Cotant, Councilman Kinghorn and Councilman Romriell indicated that
the same disclosures set forth in the May 16, 1978 minutes should apply to
this substitute motion. Mayor Cotant broadened his disclosure to
include the fact that he would be affected by change in zoning as well
as the arterial thoroughfare on West Chubbuck Road.
Glen Marshall voiced concern of neighborhood commercial on intersection
corners in the impact area. This was discussed by mayor and council,
but they felt they would leave as is.
Councilman KInghorn moved that hearing remain open and motion be
tabled to June 6, 1978 at 8:00 p.m. Councilman Fullmer seconded motion,
with voting unanimous in favor.
SALE OF TRUCK - Councilman Romriell moved to ratify action of selling a
1948 White Truck to Justin Lowder for the amount of $85.00. Councilman
Kinghorn seconded motion with all councilmen voting in favor.
GENERAL DISCUSSIONS - A general discussion followed on fences and side- walk requirements.
Mayor and council discussed sidewalk requirements. Councilman Romriell
said he thought fences should be required to be placed behind the side-
walk easement area, when installed. Councilman Fullmer said he didn't
feel a fence should be required to be set back until such time as side-
walks are planned.
Councilman Quick moved, Kinghorn seconded that meeting adjourn at 12:00 p.m.
with all councilmen approving.
~dohn O. Cotant, Jr., Mayor
Vera C. Armstrong, City Cler~
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