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HomeMy WebLinkAbout09 12 1978 CM COUNCIL MEETING MINUTES September 12, 1978 Minutes of the regular council meeting held in the city municipal building September 12, 1978. Present: Mayor John O. Cotant, Jr., Councilmen Boyd L. Fullmer, Dwain A. Kinghorn, LeRoy S. Quick, Attorney Donald L. Burnett, Jr., Engineer Steven M. S~art, and Clerk Vera C. Armstrong.and Councilman Earl L.Romriell. Meeting called to order by Mayor Cotant at 8:00 p.m. Mayor Cotant asked council if there were any corrections to minutes of council minutes of August 22, 23, 24, and September 5th. After reviewing same, Councilman Quick moved to amend minutes of September 5th to show that the Local Improvement District N:l Bond sale be October 10 instead of October 12 as entered in m~nutes. Councilman Romriell seconded motion with all councilmen approving. Councilman Romriell moved to approve minutes of August 22, 23, 24 and as amended of September 5th council meetings. Councilman Fullmer seconded motion with an unanimous vote in favor. PIGS IN CITY - Dean Morgan, 446 East Chubbuck Road has asked for a hearing before council to recommend an amendment to Ordinance #112 and #185 that would allow him to keep his pigs. Mayor Cotant told Mr. Morgan that city councilmen have had reports personally from area residents of the odor caused by the keeping of pigs. Councilman K~nghorn noted the responsibility and problem the city has in making and enforcing ordinances. Councilman Quick said he had talked to several citizens that opposed allowing pigs and other animals in residentail areas and since he is a representative of the people he must voice support for the present ordinance. Councilman Fullmer said it becomes difficult to stop such a practice that has been carried on for some time, such as Mr. Morgan keeping pigs, however, it is the responsibility of governing board to enforce these controls when desired by the people. Councilman Romriell stated he would like to see a way that pings could be kept in certain area and under certain controls. Klan~Forsgren, a former neighbor of Mr. Morgan, stated he felt the concept of government is to assist people to get along one with another and suggested modifying ordinance to allow the keeping of pigs unless keeping of such animals infringe upon the rights of others. Attorney Burnett advised council that regardless of policy, which is solely for council determination, if the council were to determine to amend the ordinance the constitutional and permissive way to do it would be to allow pigs into the city on the basis of certain objective criteria, such as the amount of acreage, square footage, and other standards that apply equally in all cases, rather than the subjective basis of bringing complaints of the ordinance. Mayor Cotant asked if any councilman favored making a motion to amend the ordinance to allow the keeping of pigs. Councilman Romriell moved to amend the ordinance to allow pigs. The motion died for lack of a second. 149 K SUBDIVISION FINAL PLAT - Klane Forsgren, developer was present. 14~ Engineer Steven Smart presented the plans to council for review. Mayor Cotant mentioned that the city, in other general discussions, have voiced concern about sidewalks 6long Whitaker Rd. Mr. Forsgren, said he was aware of subdivision requirement, but the question is, does the city want him to install sidewalk now or wait until all of Whitaker Road is done so that.everything will fit together. Mr. Forsgren remarked he understands the necessity of a pedestrian way but that he was not excited about changing the rural atmosphere of Whitaker Road. A discussion followed regarding requiring sidewalks in the subdivision. Councilman Romriell said he felt if Mr. Forsgren put in sidewalks the neighbors to the north would probably catch fire and do the same. Engineer Smart advised council he felt the city could be in problem by making changes in requirements of a collector street two months after the comprehensive plan is adopted and that easement for irrigation should be shown clearly On plat. Councilman Fullmer said he was not knowledgeable about drainage in area but felt~council should stay in conformance to comprehensive plan, along with road structure and sidewalk. A long discussion took place on the wisdom of Whitaker Road being a collector street. Attorney Burnett advised council there would be another hearing on the comprehensive plan and there would be no problem in the decision that Whitaker Road not be a collector street. Councilman Romriell moved the council accept the K Subdivision final plat, waive requirement of curb and gutter, city to require eight (8) foot setback on Chubbuck Road but not on Whitaker Road, and irrigation easement to be shown on plat. Councilman K~nghorn seconded motion, voting was unanimous in favor of motion. Attorney Burnett asked if Mr. Forsgren felt offended by city requiring the eight foot on Chubbuck Road. Mr. Forsgren said he felt it unfair that he be required to give the eight foot when later other property owners would be paid for the eight foot needed for a street. Mayor Cotant asked developer if he would like to withdraw the plat. Mr. Forsgren noted the fact remains, just because city approves plat, it does not mean the plat will be filed. Attorney Burnett advised city to move quickly to adopt the comprehensive plan and related ordinances. Councilman Romriell suggested city consider doing the engineering if the residents to north of K Subdivision care to install sidewalks. Mayor Cotant suggested city consider not requiring the sidewalk on East Chubbuck Road and that fence not be required to be moved back until such time as East Chubbuck Road is widened. K SUBDIVISION FINAL PLAT - cont'd - Councilman Romriell made motion to reconsider the prior motion. Councilman Quick seconded motion. All councilmen voted in favor. Councilman Quick moved to ame~cJF)the prior motion to not require the sidewalk on East Chubbuck Rd?~ouncilman Romriell seconded motion. The vote on the amendment was unanimous in favor. Mayor Cotant called for a vote on prior motion as amended. All councilmen voted in favor of the amended motion. AMERICAN L{TTER FOUNDATION - Kurt Noble and Jan Tibbets were present. Mr. Noble explained their non-profit tax exempt program in Bannock County, and asked for council input. The program consists of an hourly restitution program of juvenile law offenders. Mr. Noble asked for council assistance, with the knowledge of the city and cooperation with foundation personnel to coordinate areas to be cleaned up, which can be alley% city and county streets. Mr. Noble said their objective is mass environmental awareness. Mayor Cotant asked about the use of city equipment in project. Mr. Noble said if city would cooperate with equipment it would certainly be helpful. Mr. Noble asked if mayor and sanitation department would meet with him B_~i~ determine areas that need cleaned up. TENNIAL PARK DEVELOPMENT - Dean Peterson, 5732 Eve, told council the city is building a picnic shelter area within 80 feet of his private patio, and just 30 feet from his back fence, in the Bicentennial Park. Mayor Cotant said he had gone over the park design with the Parks Director and they have decided to move the picnic shelter towards the center of the park approximately 60 to 80 feet from Mr. Peterson's property. Mr. Peterson thanked city for this consideration. TRAFFIC PROBLEM - Mr. Peterson suggested that a double line be placed on Yellowstone Road from Siphon Road to Abraham as a safety measure. GENERAL DISCUSSIONS: 1. Safety of Traffic on Hiline at where the new Hiline Road is being constructed. 2. Briarwood Mobile HOme Court fence requirement. 3. Mobile Manor paving of Whitaker Road in Addition #2, 4. Traffic and speed dips on Whitaker Road. CONTRACT FOR LEASE PURCHASE OF POOLE PROPERTY - Attorney Burnett has reviewed this contract in its entirety with Mayor and Council. Councilman Fullmer moved to approve the contract for lease/purchase of Lot 13, Highway Acres presently owned by Farrell and Sharon Poole, Councilman Quick seconded motion with all councilmen voting in favor. Councilman Kinghorn moved to authorize payment of the initial amount due under the agreement which is $8,410.00. Councilman Quick seconded motion. All councilmen voted in favor of motion. FINANCIAL STATEMENT presented to Mayor and Council. CLAIMS PRESENTED TO MAYOR AND COUNCIL. After a full review of the claims, Councilman Fullmer moved to approve the claims to be paid in September. Councilman Kinghorn seconded motion, voting was unanimous in favor. RESOLUTION 9-78 - Whereas the city council following investigation and contact in the open market, does find as a fact that a sewer flusher machine can be purchased more economically on the open market than through the competitive bidding that has been conducted, that the bid submitted by Flexible Pipe Tool Co., and the other bids of all other bidders, are rejected. That the Mayor is authorized to contract for purchase of a sewer flusher machine on the open market. Councilman Romriell moved to adopt Resolution 9-78. Councilman Fullmer seconded motion. Roll call vote: Fullmer, yes; Kinghorn, yes; Quick, yes; Romriell, yes. RESOLUTION 1~-78 - That a nuisance in the form of weeds is found to exist on certain lands in the estate of a "bankrupt"; in violation of Ordinance #143. That the Mayor is directed to arrange for removal of the weeds by city employees or others whom he may designate. That the City Clerk/Treasurer is directed to levy a special assessment against said lands for the resultant costs, and to certify the assessment to the county tax collector if the assessment is not paid within thirty (30) days after notice of the assessment has been furnished to L. D. Fitzgerald, Trustee in Bankruptcy. Councilman Quick moved to approve Resolution #10-78, Councilman Kinghorn seconded motion. Roll cal~l Yore: Fullmer, yes; Kinghorn, yes; Quick, yes; Romriell, yes. PUBLIC HEARING ON LAND USE ORDINANCE AND LAND DEVELOPMENT ORDINANCE: Mayor Cotant opened the public hearing on the Land Use Ordinance and Land Development Ordinance. Councilman Quick moved to recess the hearing until Tuesdays September 19, at 8:00 o'clock p.m. Councilman Fullmer seconded motion, with full council approval. Councilman Kinghorn moved, Romreill seconded with full council approval, that meeting adjourn at 12:00 midnight. jr/ John O. Cotant, Jr.', Mayor Vera C. Armstrong, City Cler~/