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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