Loading...
HomeMy WebLinkAbout03 13 1979 CM COUNCIL MEETING MINUTES 45 March 13, 1979 Minutes of the regular council meeting held in the city municipal building March 13, 1979. Present: Mayor John O. Cotant, Jr., Councilmen Boyd L. Fullmer, LeRoy S. Quick, Earl L. Romriell, Attorney Donald L. Burnett, Jr., Engineer Steven M. Smart and City Clerk Vera C. Armstrong. Councilman Dwain A. Kinghorn excused. Meeting called to order at 8:00 P.M. by Mayor Cotant. Mayor Cotant asked for any corrections or additions to minutes of February 27 and March 7 meetings. Councilman Fullmer requested a correction on page 35, under Planning and Zoning Appointment heading, last sentence in first paragraph to read "Councilman Fullmer has talked only to Mr. Nielsen." Councilman Fullmer also requested a correction in paragraph following the general discussions, page 39, four lines down, delete "on basis of fires fought" and substitute "for services provided by city in the four month period." Councilman Fullmer moved to approve the minutes of February 27 and March 7 as amended. Councilman Quick seconded motion with an unanimous vote in favor. Later in the evening Attorney Burnett requested additions and corrections to minutes~ page 37 and 39 of March 7minutes. Attorney Burnett presented the additions and corrections to the council, they were reviewed by council and then presented to city clerk to be made in the minutes. Councilman Fullmer moved to reconsider his former approval of minutes and add the approval of minutes with the changes requested by Attorney Burnett. Councilman Quick seconded motion, with all councilmen approving. NORTHSIDE PLAZA INDUSTRIAL PARK - Glen H. Marshall is the developer and Northwestern Engineering, Znc. the engineering firm. Mayor Cotant told Mr. Marshall he still feels that he should deed to city the seven foot needed for widening of Yellowstone Highway. That if the ownership of the seven feet was with the city of Chubbuck, it would speed the widening of the highway in that particular area. Mr. Marshall responded that the seven foot is reserved for this particular purpose and that it would be available to either the city or the state when needed. Engineer Smart said that the plan was in'compliance with the subdivision ordinance with the exception of sidewalks. Mr. Marshall informed council that restrictive covenants would require proper setback for safety at all corners and intersections and that all storage would be required to be enclosed. Mr. Marshall also told council the sidewalk width was included in the street width to provide for wider streets. Councilman Romriell said he felt curb, gutter and sidewalks should be considered along Yellowstone and Siphon Road. Councilman Quick and Mayor Cotant also stated the need for sidewalks on these two perimeter streets. 47 NORTHSIDE PLAZA INDUSTRIAL PARK cont'd - A discussion followed concerning the need and wisdom of requiring sidewalks at the present time. Attorney Burnett said the city could enter into an agreement that sidewalks be constructed as development progresses. After further discussion, Mr. Marshall was told the city would consider waiving the curb and gutter requirement on the interior streets, but require the curb, gutter and sidewalk on the perimeter streets of Yellowstone and Siphon. The discussion continued concerning the seven foot right-of-way needed to widen Yellowstone Highway. Mr. Marshall said he would agree to dedicate the seven foot for highway widening but preferred to wait to deed the right-of-way at a later date so that it could be appraised and they could claim a tax credit. Mayor Cotant said he understood that to make a deeded right-of-way eligible for a project they have to be offered the appraised price and then deed to city for $1.00 or nominal fee. Attorney Burnett told council the only improvements they will get is what is on the plat and the only dedication that will occur is either what's on the plat or what is agreed by instrument at the time of approving plat. It wouldn't even hurt to show the dedication to be shown, on the plat, or that dedication is subject to agreement separately recorded and executed. Basically, it has to create an obligation by Mr. Marshall to dedicate to the public or preferrably a public entity, together with a combination of separate dedications and it has to fix the time when the dedication will be made, such as certification by the Mayor that the State is ready to make the asphalt improvements. As far as an instrument is concerned, I'm sure that can be worked out, my only concern is the wording so there is a binding obligation at the point of time when the obligation arises. Attorney Burnett told council he felt the agreement should be reviewed by council, but as a courtesy for Mr. Marshall not to have to come back the plat and annexation can be approved on condition and when he submits the things which he believes meet those conditions it wouldn't be necessary for him to come back. After some further discussion by mayor and council, Councilman Quick made motion to waive the curb, gutter and sidewalk requirement on all interior streets of plat. Councilman Fullmer seconded. All councilmen voted in favor. Councilman Quick moved to approve the Northside Plaza final plat upon condition that it be amended to show a dedication of an additional seven foot right-of-way along Yellowstone Avenue with the terms and conditions of such dedication to be set forth either on the plat or an accompanying agreement, such terms and conditions to consist at least of the developers obligation to dedicate to the public at nominal consideration (to mean $1.00) at such time the mayor of city certifies in writing that the city has been informed by the State of Idaho, other public entity, or city, that asphalting of highway is ready to be accomplished on the additional right- of-way. Councilman Fullmer seconded motion and all councilmen voted in favor. 49 ORDINANCE #195 - Annexing certain lands known as "Northside Plaza" was read in full by Mayor Cotant. Councilman Fullmer moved to dispense with the rule of reading ordinance on three separate days and that Section 4 of ordinance be amended accordingly, that Section q shall read as follows; "The requirement that ordinances be read on three separate occasions is hereby dispensed with and this ordinance shall become effective upon its passage, approval and publication as provided by law." Motion seconded by Councilman Quick. Roll call vote: Fullmer, yes; Quick, yes; Romriell, no. Councilman Fullmer moved to adopt Ordinance #195 as amended. Motion seconded by Councilman Quick. Roll call vote: Fullmer, yes; Quick, yes; Romriell, no. Councilman Quick moved to direct the city clerk to withhold ordinance from publication until such time as the conditions set forth in the earlier motion is complied with. Councilman Fullmer seconded motion. Roll call vote: Fullmer, yes; Quick, yes; Romriell, yes. PUBLIC HEARING - continuation of rezoning request of property now owned by Don Andra and requested to be rezoned by Gerald D. Cooper, secretary of Four Way Holding. Matter was tabled at last~regular council meeting. Attorney Burnett told council they have the discretionary power not to rezone this particular piece of ground. Attorney Burnett further stated that Mr. Andra, the owner, has been deprived of nothing at present as he purchased the property as is presently zoned. A long discussion followed concerning the proposed street plan and the upholding of the comprehensive plan as to proposed future streets. Mr. Andra said if his property is not rezoned he will be requesting a variance to allow him to build up to the property line of the residential zone. Mayor, council and engineer discussed the proposed location of Valenty Road. Mr. Andra said he would be willing to dedicate 25 foot for future street ~off the east side of his property. ~Attorney Burnett told council if engineer and city felt comfortable about -~a slight change in the proposed location of the future Valenty Road, the ~' change should still be consistent with the land use pattern perscrbed by ~z)~ the city's comprehensive plan, and the city does have additonal hearings ~- ¥~A~-~"~nt°~ be held on same. ~._~1 \~YCouncilman Romriell moved to dispense with the rule of reading Ordinance #196 -~, N/on three separate days. Councilman Fullmer seconded motion. Roll call )~//vote: Fullmer, yes; Quick, yes; Romriell, yes. Councilman Fullmer moved to adopt Ordinance #196, rezoning the property described on East Linden and owned by Don Andra. Councilman Quick seconded motion. Roll call vote: Fullmer, ye~; Quick, yes; Romriell, yes. Councilman Fullmer moved that clerk withhold publication of this ordinance until Mr. Andra dedicates the 25 foot right-of-way along the east border of his property for future street and utilities. Councilman Quick seconded motion, with full council approval vote. 51 ACCEPTANCE OF STREETS - CHATTERTON SUBDIVISION - Engineer Steve Smart said Doyle Chatterton had brought in description and information needed concerning a reserve strip on Rams§ate. Attorney Burnett said the city would need to record an instrumeht of acceptance of streets subject to a reserve strip along Ramsgate Drive so that developer, Doyle Chatterton can be reimbursed for construction costs of utilities and street bordering property to the east. GARBAGE PACKER AND TRUCK EQUIPMENT BIDS - Engineer Steven Smart reviewed additional quotes received from the open market in regards to the purchase of a garbage packer and truck. Engineer Steven Smart recommended the council accept the low bid of the Leach Packer with chassis bid, however, the bid does not contain the hydraulic container lift desired, and Attorney Burnett advised that city should not add equipment to bids received, so, it may be best to rebid, ca~ling for automatic transmission, cab-over chassis and the hydraulic container lift in the specifications. Councilman Quick moved to reject all bids formerly submitted and readvertise for new bids. Councilman Fullmer seconded motion. All councilmen voted in favor. BIDDING OF 12 INCH WATER PIPE FOR HAWTHORNE ROAD - Mayor and council di'scussed bidding of pipe and approved for engineer to prepare the advertisement for bids. POLICE POLICIES AND PROCEDURES MANUAL - Mayor and ~ouncil have reviewed the police policies and procedures manual. Attorney Burnett told council he has reviewed thoroughly and with the Chief of Police had added to the policy on the following subjects. 1) that it be subject to city personnel policy (when adopted) 2) unauthorized persons in city vehicle, page 25 3) Section 704, page 65, public information 4) hours of du~,meal times for police shifts, 405-14, page 18 5) weapons and other items police officers may carry Attorney Burnett reviewed all changes with the mayor and council. Attorney Burnett informed them that to put the policy in effect city needs to pass the resolution adopting the manual, resolution contains the names of three persons to serve on the Board of Appeals. A letter from each member of department stating they have read and will comply with policy. Mayor and council chose the following to serve on the Board of Appeals. 1) Dwain A. Kinghorn, councilman over police department 2) Boyd White, citizen at large 3) Paul Winters, representative of law enforcement, Pocatello police officer. Robert Edwards was suggested as an alternate if the above cannot serve. RESOLUTION 2-79 - Adopting a proposed manual known as the "Chubbuck Police Department Policy and Procedures Manual" Councilman Romriell moved to approve Resolution #2-79. Councilman Quick seconded motion. Roll call vote: Fullmer, yes; Quick, yes; Romriell, yes. ACCEPTANCE OF CANAL STREET in the Roy Addition. Engineer Steven Smart told council that the street has been developed according to the ordinance and is acceptable. Councilman Romriell moved to accept Canal Street for maintenance. Councilman Fullmer seconded motion with all councilmen voting in favor. FENCING OF HILINE CANAL AT EAST CHUBBUCK ROAD. Mayor and council discussed this request, which is by a letter signed by 53 area neighborhood residents. Engineer Smart said he would do some research on cost of guart railing versus chain link fencing. AUCTION OF SURPLUS MATERIALS- Councilman Quick moved to go ahead with the advertising and auction of the surplus materials. Councilman Romriell seconded motion. All councilmen voted in favor, BUDGET REPORTS for January and February presented to mayor and council. CLAIMS TO BE PAID IN MARCH presented to mayor and council. After reviewing the claims, Councilman Romriell moved to pay the claims with exception of the Philip Romriell claim. Councilman Fullmer seconded motion, all councilmen voted in favor. Councilman Fullmer moved to approve claim of Philip Romriell, Councilman Quick seconded motion. Councilman Fullmer and Quick voted in favor with Councilman Romriell abstaining. Councilman Romriell moved, Fullmer seconded, with council approval that the meeting adjourn at 12:15 A.M. ~ FINANCIAL STATEMENT FOR MONTH OF FEBRUA~Y~ent~ed to m~vor, and~ouncil. ~o~n O. Cotant, Jr., May~r Vera C. ARmstrong, City Cleq~ 53