HomeMy WebLinkAbout10 10 1978 CMLAND USE AND LAND DEVELOPMENT
PUBLIC HEARING
October 10, 1978
Minutes of the public hearing concerning the Land Use and Land Development
Ordinances held in the city municipal building October 10, 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 Clerk Vera C. Armstrong.
Public hearing meeting called to order at 7:00 p.m. by Mayor Cotant.
Mayor Cotant asked for any corrections or additions to minutes of October 3
public hearing.
Councilman Romriell asked for a clarification of the paragraph under heading
"Request for Commercial Zone. The proper wording to be used was discussed.
Councilman Romriell moved to correct paragraph under heading "Request for
Commercial Zone" as follows; The sentence starting with "The mayor and
~ council" to read "The mayor and council told Mr. and Mrs. Ankrum that
that their property is shown to be commercial in the present draft of
the Comprehensive Plan and proposed Land Use Ordinance, and that they
could request commercial zoning after the Land Use Ordinance has been
adopted. Councilman Kinghorn seconded motion with all councilmen voting
in favor.
Councilman Fullmer moved to approve minutes as corrected. Councilman Romriell
seconded motion with full council approval.
The hearing continued with a discussion concerning the side yard requirement
in Chapter ll, Section 2-3 under "Height and Area Regulations~'with no
proposed changes.
CHAPTER III, Section 304, paragraph p under "Signs", sub-paragraph f, page 20,
It was proposed to allow political signs to remain up from time of primary
election until after the general election.
CHAPTER III~ Section 3-5, paragraph a, sub paragraph 3, page 22, to
strike sub-paragraph 3 in its entirety.
CHAPTER III, Section 3-5, paragraph c under "Parking and Storage of Certain
Vehicles" line 1, strike the word "Automotive" and add after the word
"vehicle" the word "camper; and further at line 6, following work "trailer"
add the words "or detached camper."
CHAPTER IV, Section 4-1, Under "Purpose", page 23, line 6, following the
words "satellite commercial establishments" add "and industrial areas."
CHAPTER IV, Section 4-2, Under "District Boundaries ~nd Land Use Map", page 23,
line 2, following word "shall" add the words "comprise and be co-extensive
with all commercial and industrial districts" and thereafter strike the
words "be located."
CHAPTER IV, Section 5-6, paragraph a, Under "Common Open Space in Residential
PUD's", page 26, add the following sentence "The city may allow a credit
for lands so reserved against dedication of park lands otherwise required
by the city's land development ordinance."
CHAPTER IV, Section 5-8, Under "Density" page 27, line 3, strike reference
to "15%", substitute "25%"; and further on line 4, at the end of the
sentence add the words "or inhabitants as appropriate."
CHAP~E~.IV, ~ection 5-8, Under "Density", sub-paragraph a and b, page 27,
strlKe re~erences to "5%" in each paragraph ~d substitute "10%" ]~or each"
~ounci~man ~ingbo~D moved to recess the pub~icc/~eari~ u~r~il~--p/~. October 17~
~ou~cl~man ~omr~e~ se~conoed motion with
~~ ...... ~' ~l~ .... · ~w~L~__ ~ Mayor
COUNCIL MEETING MINUTES 159
October 10, 1978
Minutes of the regular council meeting held in the city municipal building
October 10, 1978.
Present: Mayor John O. Cotant, Jr., Councilmen Boyd L. Fullmer, Dwain A.
Kinghorn, LeRoy S. Quick, Earl L. Romriell, Attorney Donald L. Burnett, Jr.,
Engineer Steven M. Smart, Clerk Vera C. Armstrong.
Meeting called to order at 8:02 p.m. by Mayor Cotant.
Mayor Cotant asked for any corrections or additions to minutes of September 26.
Councilman Romriell moved to approve minutes of the September 26 meeting.
Councilman Quick seconded motion with all councilmen approving.
LOCAL IMPROVEMENT DISTRICT #1 BOND SALE - Notice having been given that Sale of
Bonds bid closing was set for today, October 10, 1978 at 5:00 p.m., one bid
was received from George H. Peterson in the amount of up to $100,000 at the
uniform interest rate of 5.95% interest per annum. Included with the bid
was a cashier's check for $5,000 which does meet the security requirements.
Attorney Burnett reported the bid appears to be in order~ he and bond
counsel Attorney Gerald Olson having reviewed the bid prior to this meeting
and it is their recommendation, by motion and second to accept the bid of
G. H. Peterson as purchaser of the entire Local Improvement #1 issue and that
local and bond counsel be directed to prepare a bond sale ordinance as soon
as possible.
Councilman Kinghorn moved to accept the bid of George H. Peterson for the
purchase of the Local Improvement District #1 bonds for the entire issue
up to $100,000 at the uniform interest rate of 5.95 percent per annum.
Councilman Fullmer seconded motion. Voting was unanimous in favor.
Councilman Quick made a motion directing local and bond counsel to prepare
a bond sale ordinance as soon as possible for presentation to the city council
at their next regular meeting or at an adjourned session of this meeting if
council later vote to adjourn this meeting to a date certain. Councilman
Romriell seconded motion, all councilmen voted in favor.
Attorney Burnett informed council that after the bond sale ordinance is
enacted it whould only be a matter of a few days thereafter to close the
transaction, deliver the bonds and receive the money, the money to be paid
almost entirely to Valley Bank to cover the interim financing that the
city has been paying its creditors with, creditors largely being the
contractor, engineer, lawyer, publications and city reimbursed costs.
The city has received no pre-payment of the assessments so that all assess-
ments will be paid by installment as provided in Ordinance #192.
Attorney Burnett said he would notify Mr. Peterson of the bid award and set
up a bond closing date.
POLICE CAR BIDS - The city has advertised for bids for purchase of a police car.
Bids were received from; Glen's Chevrolet for a 1979 Chevrolet Malibu four
door at $6,292.40 and for a 1979 Chevrolet Impala four door at $6,745.97
with equipment listed; and from C. Ed Flandro a 1979 Ford LTD four door at
$6,405.00 and a 1979 Ford Fairmont four door at $5,568.00 with equipment listed.
Attorney Burnett informed council both bids and their form of security appears to be
proper as to form.
Chief Stone took the bids for a review of specifications and later in meeting
suggested that he try out the smaller cars that were bid. Chief Stone also told
council he would like to change the color of police cars to black and white
combination as they cannot order the cars in the color of green they now have
and the cars all must be painted. Council were in agreement to color change.
161
PROPOSED MOVE OF CIRCLE IN STREET - Charlie Frasure and John Murray are
proposing development of their property and John Murray was present at
meeting and asked mayor and council's feeling concerning the moving of
Circle In Street from present location to the extreme north location of
Circle In Trailer Park, or perhaps the extreme south location of the court.
Mayor and council told Mr. Murray they have no objection to pursuing the
moving of the street and when their plans become definite, to present their
proposal again.
MULTIPLE DWELLING DEVELOPMENT - Wayne and Jolene Newby and Darrell Burrows were
present and asked council if they would consider passing a moratorium on any
future multiple dwelling construction on Adams and Lucky streets. They told
council the traffic is very heavy on street and also garbage is not taken
care of.
Attorney Burnett told council maybe they could put a special provision into
an ordinance concerning limitations, but nevertheless, the council could
determine that an area had been impacted beyond the point where city services
and traffic flow could absorb additional growth of a high density nature and
limit future growth in that area to such development as to what the streets
and municipal services could handle. Attorney Burnett also said city could
pass a resolution imposing a moratorium on multiple dwellings anywhere in
city until an ordinance is adopted.
Attorney Burnett informed council that if it were written in an ordinance to
limit multiple dwellings, for the ordinance to have any effectiveness it would
have to be based not only on input from residents in the neighborhood but
on certain objective things like the engineer's determination of adequacy of
streets to handle the traffic, adequacy of utilities, adequacy of municipal
services to absorb the addit~ona~ population.
Attorney Burnett told council the city needs to be aware and careful of any *Additiog,~
changes that would be equal to spot zoning which is very hard to hold up.? court.
Mr. Newby said they would appreciate something being done if possible, traffic
is one of the main problems.
Mayor Cotant stated that Adams Drive does have a unique problem in regards to
an impact of multiple dwellings
Attorney Burnett informed council they could impose a moratorium until such
time city can arrange a study to decide if the area is impacted by traffic,
utilities and municipal services, and that it would be helpful for city
engineer to arrange such a study.
Mayor and council felt a moratorium on building permits on Adams Drive and
Lucky would be the way to go at this time and Attorney Burnett took the
time to prepare the resolution.
RESOLUTION 11-78 - resolving that a sixty day moratorium is imposed upon issuance
by the City of building permits for construction of multiple dwelling structures
upon properties abutting Lucky and Adams Streets was read in full by Mayor
Cotant.
Councilman Kinghorn moved to adopt Resolution 11-78. Councilman Quick seconded
motion. Roll call vote; Fullmer, yes; Kinghorn, yes; Quick, yes; Romriell, yes.
WHITAKER ROAD - Consideration of speed dips to control speed 163
on Whitaker Road. Mayor Cotant told those present the city has received
numerous complaints of sPeeding on Whitaker Road due to numerous
reasons. Mayor asked the feeling of the Whitaker Road residents.
Dennis Hanners stated he f61t something should be done.
Dan Kunz said they f~tt something of a lasting nature should be done
to upgrade area with curb, gutter and sidewalks and this would make
the area safer. Mr. Kunz presented a petition to the city which they
are securing signatures on asking city to institute a Local Zmprovement
District, petition also requests city to enforce speed limits to ensure
the tranquility and safety of the neighborhood.
Vern Briscoe said he would like to make a point that the property
owners would be paying for this improvement.
Ellen Kunz said she felt it would be a sensible move to make any
improvements on Whitaker Road all at one time.
Lenice Edgert asked if the width of Whitaker is proposed to be 33 ft.
Councilman Kinghorn told her the city had considered Whitaker Road as
an arterial street of 66 ft., but they have now reconsidered and feel
a 50 foot street would be sufficient.
Herb Hatten told council a gopher created a road dip and it worked
very efficiently.
Earl Lords remarked that dips would create problems with speeders by
them ending up in the borrow pits. He suggested progressive stop
and go functional lights.
Lenice Egbert asked how many hours police spend patrolling traffic on
Whitaker, she has lived there 10 years and only seen one stopped for
speeding.
Denny Hanners asked if volunteer police could patrol at speeding times.
James Briscoe stated he is in favor of curb, gutter and sidewalks because
of the safety for life of the children.
Sandra Briscoe informed council that Bannock County trucks were speeding
all day long one day with a policeman in her driveway and he did not
issue one ticket.
Linda Raschke said she felt if there were spot checking and speeding
tickets issued it would control the speeders. Sidewalks would be a
good safety factor for children.
Engineer Smart estimated a $20.00 linear foot construction cost for a
Local Improvement District or perhaps $3.00 a linear foot cost per year.
Engineer Smart said curbs gutter and sidewalk would cost approximately
$2.70 per lineal foot per year.
Bob Hillman said he felt if tickets were issued and fines levied it
would stop the speeders.
Councilman Kinghorn told those present that curb, gutter and sidewalk
does increase the appraised value of the property more than the actual
cost.
Linda Hillman told council she feels sidewalks would be great for safety
of children, but speeders are the biggest problem.
WHITAKER ROAD - cont'd - Mayor Cotant told residents the city will try 165
traffic control concept over the winter months and then consider the
problem again in the spring.
Mayor Cotant asked Mr. and Mrs. Kurtz if they had suggested to their
reception attendants to use Whitaker Road to the north and she told
council they have made these suggestions.
JoAnn Briscoe told council she has four children under four years old
and her two year old doesn't understand the danger of speeding cars.
Sandra Briscoe said they believe the police need to issue tickets, not
just patrol the area.
Councilman Kinghorn reminded those present that police protection
costs more dollars.
Mayor Cotant remarked that one child hurt erases all efficiency the
city might feel they are providing.and told all present the city will
do all ~hey can to get better control of speeders.
Herbert Hatten asked if city could cut weeds and gravel the sides of
the streets.
Mayor Cotant said the city is constantly trying to improve the streets
in this manner.
Engineer Smart asked Mr. and Mrs. Kunz if they would call the police
when they are holding a function. Mr. and Mrs. Kurtz said they have,
their neighbors have and they will continue to do so.
Mayor Cotant was excused at 10:30 p.m. and President of Council Earl Romriell
presided over the balance of the meeting.
EAGLE SCOUT PROJECT - Clifford Hamilton wants permission to work on a score
board for the ball parks as an Eagle Scout project. Councilman Quick
said the city would like to work with Mr. Hamilton so the design would
be of a quality that would be long lasting and of efficient use. All
councilmen agreed this was a commendable project offer.
Police Car Bids - further discussed - Councilman Fullmer moved to table
the award of bid on the police car until such time as the chief studies
their needs and specifications in relation to the car bids. Councilman
Quick seconded motion with all councilmen voting in favor.
FINANCIAL STATEMENT presented to mayor and council.
CLAIMS PRESENTED to mayor and council. Claims were reviewed fully. Zundel's
claim was reviewed.
Council discussed the double pay of volunteer firemen working for the
city. Fire Chief Denny Jones has asked the city to determine a policy
as to double pay to city employees. Matter discussed at length with
no action taken.
Council questioned the claim of Monroe Fence to install fence around
the tank farm and one well house location which totaled $6,494.90.
It was the consenses of council in order to avoid any question, the
city engineer be instructed to not enter into any purchase that might
require bidding and if there is any question about any purchase it
should be discussed with council and Attorney as to the bid requirement.
Councilman Kinghorn moved to approve the claims. Councilman Fullmer
seconded motion with all councilmen approving.
CHRISTMAS PARTY - City Clerk to check with the E1 Cielito for a date 167
for the Christmas party.
WATER IMPROVEMENTS ALONG HAWTHORNE ROAD - Engineer Smart informed council
that he and Attorney Burnett had discussed imposing a Local Improvement
District to install this water line with the Pine Ridge Mall being
one of the biggest benefactors of the project. Council were interested
in this manner of financing.
INVESTMENTS IN TIME CERTIFICATES OF DEPOSIT - City clerk informed council
she intends to invest $3,950.00 in Time Certificates of Deposit from
the Water Revenue Bond Reserve Fund. Also, clerk intends to invest
$9,100.00 in Time Certificates of Deposit from the Sewer Revenue Bond
Reserve Fund.
Councilman Quick made motion to adjourn council meeting until 8:00 p.m.,
October 10, 1978. Councilman Kinghorn seconded motion with all councilmen
voting in favor.
era C. Armstrong, City Clerku
Meeting adjourned at 12:00 midnite.
~ohn O. C'otant,dr., I~a~yor