HomeMy WebLinkAbout08 12 1975 CM COUNCIL MEETING MINUTES AUGUST 12, 1975
Minutes of the regular meeting of the Mayor and Council held in the city municipal
building August 12, 1975.
Present: Mayor John O. Cotant, Jr., Councilmen Dwain Kinghorn, Jack Menard, Earl
Romriell and Wayne Taylor. Attorney Burnett and Clerk Vera Armstrong
Meeting called to order at 8:00 P.m. by Mayor Cotant.
Mayor Cotant asked for corrections or additions to July 22 minutes. Councilman
Menard moved the minutes be approved with the word within Heights Subdivision
being added to Paragraph ~7 page 2 under heading BOYD STI{EET instead of to Heights
Subdivision.
PUELIC HEARING IT~ - Edith L. Cahoon and Mrs. Lois Moeller requests a variance
of zoning to allow the placement of a mobile home on property at 203 Burley
Drive, owned by Edith L. Cahoon, so their aging parents, Mr. & Mrs. Willard
Honeycutt, can live in the trailer and will be ne~r. daughter .....
~3L~'~'~ After reviewing request with Edith Cahoon and M~ Moelle~!~ouncilman Rc~riell
moved the council allow the placement of the mobile home on a year to year basis
and that only the parents Mr. & Mrs. Willard Honeycutt will be allowed to live
in the mobile home. Councilman Menard seconded motion. Roll call vote:
Kinghorn, no ; Menard, yes; Romriell, yes; Taylor, yes.
INTENT OF ZONING OF DIV~SIFIED INVESTMENT GROUP, INC. PROPENTY~- P & Z Commission
met at 6:00 p.m. this evening to make recommendation as to zone of property
owned by Diversified Investment Group Inc. The Planning and Zoning Commission
made motion and approved that the zone of Diversified Investment Group, Inc.
property is zoned Residential -3 Livestock. The zone intent now needs to be
determined by the Council.
Allen Martin voiced bbjection to the proposed development with vehicle acess
from Chastain BRIVE. Square footage requirement was discussed and six units
would comply to the square £ootage requirement. Jim Chatterton and James Branson
also felt the development was too densely populated for the school road.
Jim French, Mrs. Crawford and Mr. Tolman also voiced objection to the multiple
family development.
Mayor Cotant asked Attorney ~rnett if council had the right to stop development
or if the council has authority to re.~ect the recommendation if a safety con-
dition exists. Attorney Bu~nett explained in detail the zone is in existence
and if the request is in compliance it would be next to impossible to stop
the development. Mr. Burnett further explained it would be unwise for council
to misconstrue their own intent of the zone and he feels the council is bound
to accept recommendation of the Planning and Zoning Commission.
Mayor Cotant asked if a private access street could be provided from Hawthorne
Road. Parrishes said they felt this arrangement would invite parking on the
the streets and the access street would open into a busier street.
Councilman Kinghorn moved the council accept the P & Z recommendation o~the
zone of Residential -3 Livestock on the property from Hawthorne Veterinary
Clinic north to Chastain Drive and owned by Diversified Investment Group, Inc.
Councilman Taylor seconded motion with all councilmen voting in favor of motion.
Councilman Menard suggested curb, gutter and sidewalk be installed along Chastain
Drive and the access approach be Off Hawthorne Road.
R~dney Parrish said their architect could meet with the city engineer and
determin~ if a better channeling of traffic can be arranged.
Engineer Doug Jensen suggested the subdivision ordinance be amended, studied
or whatever to determine if it is lawful to build several buildings on one
lo.t. M.ay~r Cotant requested Engineer Jensen and Attorney Burnett work something
OUL on Lnls.
235
BUNCE SUBDIVISION - Mark Bunce has requested city acceptance of the streets in the Bunts Subdivision. The sidewalks have not been installed.
Attorney Burnettotold Mr. Bunce a Subdivision Ordinance amendment prohibits
sale of lots witHUcVompliance of subdivision ordinance. Engineer Jensen in-
formed Mr. Bunce that if a developer fails to comply with ordinance the city
can vacate the recording of the final plat.
After further discussion Councilman Menard moved if engineer approves curb,
gutter, sewer,:iwa-ter andi:bl~cktopped street the city approve this portion
only of street construction. Councilman Romriell seconded motion. All council-
men voted in favor of motion. Engineer Jensen stated the above construction
has been inspected and approved.
Attorney Barnett further explained to Mr. Bunce the city can require sidewalks
or a bond to guarantee completion. The developer may delegate the responsibility
of sidewalk construction to the owner but the developer will ultimately be
respons ibl e.
SEWER SERVICE LINE - LoBise Mingo told council she received a letter from city
telling her they would install her sewer line. Attorney Burnett told her the
city would be bound by easement only. Attorney Burnett informed council he
had informed Miss Mingo if there was a delay in installing the sewer line and
if installing the sewer line now would result in additional cost the city
perhaps would be liable for this additional cost.
Two sewer services are provided to her property~one from Adams and one from
easement main line to west of property. Mayor Cotant asked Engineer Jensen to
secure a bid and find out the dif£erence of the bid at time she received her
letter and now. Miss Mingo also complained of rocks on the easement and the
backfill dirt being of poor quality. Mayor Cotant told Miss Mingo the rocks
would be removed and the city would haul her some good dirt.
FENCE REQUEST - Jim French, 3~5 Adams, asked the council if city would install a six
or eight foot high fence along the bridge on canal where Stuart Street intersects
Hawthorne~ Aiso~ in the future a higher fence on the west side of Stuart Park.
Councilman Romriell asked if community participation could be organized to provide
labor and city supply materials. Mr. French said it might be possible.
After some disucssion Mayor Cotant told Mr. French the city would 6ake care of
the fence along the bridge.
HEARING - SEWER CHARGE - Boyd Fullmer, 715 Victor, has requested an adjustment be
made on his sewer billing fo~ a period of four months during the time a decision
of responsibility for error sewer service line was pending.
After fturther discussion Councilman Romriell moved the council split the adjustment
request. For lack of a second the motion died.
Councilman Taylor moved Mr. Fullmer pay his sewer charge or water be turned off.
Councilman Kinghorn seconded motion. Roll call vote: Kinghorn, yes; Menard, yes;
Romriell, no; Taylor, yes.
HEIGHTS SUBDIVISION FINAL PLAT - Tim Shnrtliff presented the final plat of Heights
Subdivision for city acceptance.
Councilman Menard said he wasn't in favor of approving Heights Subdivision Plat
until Rodney Clark guarantees city he will not come back with a law suit against
city~ because of city requiring certain sizes of water lines within subdivision.
Councilman Menard reminded Mr. Shurtliff the 110~ surety bond had not beenwaived.
Engineer Jensen told council the hard copy o£ final plat was not the same as plans
reviewed by him.
Mr. Shurtliff was advised the city could not accept the final plans tonight.
WAT~R LEAK - Mrs. Victor Frisk, 751 W. Chubbuck Road told council they had found a water lea~ and are requesting an adjustment of their water bill.
Councilman Menard moved the city adjust the Victor Frisk bill to what has been
used as an average. Councilman Kinghorn seconded motion with all councilmen
voting in favor of motion.
SAFETY ON E. CHUBBUCK ROAD - M. C. Dory told council weeds and willow trees were
very high on Railroad right-of-way and impedes vision.
Mr. Doty suggested a four-way stop on Hiline and E. Chubbuck Rd. Mr. Doty also
told council Mr. Hillma~ his neighbor on south has let his property go to weeds.
Mr. Dory also complained of flies being very bad in area because his neighbor
to the north, Gary Lewis, has too many horses for his property -- at least
there is too much manure.
Mr. Doty also reported the KWIK Radio Station did not obtain a building permit
and the building housing the electronic equipment which produces a lot of heat
is only of l~mber construction and is a fire hazard because of no access and
fire hydrant in area.
Councilman Kinghorn said county agent co~d supply a chemical to kill willows
along tracks.
Councilman Menard suggested flashing light at Hiline and E. Chubbuck Road but
Mark Bunce and Councilmen Menard and Taylor disagreed with stop signs on East
Chubbuck Road at Hiline.
HENDERSON MOB~E HOME PAi~K - R. Jay Henderson presented the preliminary plat of
their proposed mobile home park development. Mr. Henderson informed council
the east and west streets will be forty foot wide, Whitaker Road and street
paralell to ER tracks are designed as thru threets and designated to be fifty
foot wide, double off street parking will be provided, 8 x 24 ft. patio and
their own outside lighting.
Councd~man Taylor said he felt Whitaker Road should be a thru street. Councilman
also voiced the same opinion.
Councilman Taylor asked Parrishes what were their intentions as to development.
Bart Parrish said they prefer to develop separately also and presented a plan
for their proposed development.
Councilman Menard moved council accept Henderson F~nterprises Inc. preliminary
plat and the city wonld like a typical lot plan. Councilm~ asked if they
intended to install sidewalk and Mr. Henderson informed council they were going
to install sidewalks but they wouldn't be as wide as city sidewalks. Councilman
Taylor seconded motion. Roll csll vote: Kinghorn, no; Menard, yes; Romriell, no;
Taylor, yes. The vote being tied Mayor Cotant voted in the affirmative and motion
pas s ed.
SEWER SERVICE LINE - Les Henry was present a~d asked about the sewer service line
to serve the Primitive Baptist Church. Mayor Cotant said he understood the
engineer had approved for them to dig on Lucky to determine if service line was
installed and if it was not on Lucky the city would see that i~ is installed.
ORDINANCE # 156 - Rezoning Ordinance - changing the zone on Ed Bohrers property along
west side of Yellowstone Avenue to Commercial General - 3 zone read in f~ull by
Mayor Cotant and Attorney B~rnett.
Motion to dispense with rule of reading on three separate days made by Councilman
~a~or- Councilman Kinghorn seconded motion. Roll call vote: Kinghorn, yes;
Menard, yes; Romriell, no; Taylor, yes.
Counc~lman Mrnard made motion to pass Ordinance ~156. Councilman Taylor seconded
motion. Roll call vote: Kinghorn, yes, Menard, yes; Romriell, yes.
239
FINANCIAL STATemENT PRESENTED to Mayor and Council.~
CLAI]~S PRESENTED to Mayor and Council. Councilman Kinghorn requested city clerk
call St. Anthony Hospital in regards to the Tee Pee 'Enterprise bill for pens.
Councilman Menard asked clerk to check credit from Amcor on Pallets. Clerk
was to hold on Dyke's Electric check and have Joe check out claim and to check
why these sewer pomp station.? pumps are not still under gaarantee.
Councilman Menard asked clerk to check on bill from Partner Steel - Invoice was
for 20 feet but . Mr. Menard only purchased 20 inches.6f steel.
Counc~man Kinghorn made motion bills be paid. Councilman Taylor seconded motion
with all councilmen voting in favor.
Engineer Jensen asked council what is their decision of paving streets from curb
to present blacktopped streets when business or residents have installed curb.
Council said they had agreed to do this at one time.
Engineer Jensen told council three drywells were needed on West Chubbuck Road
along the Reese Home lots and it looks like city will end up doiug this construction.
Meeting adjourned at 12:00 p.m.
Vera C. Armstrong, City Clerk /?
[Yohn O. Cotant ~ Jr., May~Sr