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HomeMy WebLinkAbout04 24 1979 CM75 COUNCIL MEETING MINUTES April 242 1979 Minutes of the regular council meeting held in the city municipal building April 24, 1979. Present: Mayor John O. Cotant2 Jr., Councilmen Boyd L. Fullmer, Dwain A. Kinghorn, LeRoy S. Quick~ Earl L. Romriell, Attorney Donald L. Burnett2 Jr., Engineer Steven M. Smart, and Clerk Vera C. Armstrong. Meeting called to order at 8:00 p.m. by Mayor Cotant. Mayor Cotant asked for corrections or additions to minutes of April 10 meeting. Councilman Kinghorn moved to accept minutes as written of April 10, 1979 meeting. Councilman Quick seconded motion with all councilmen approving. PROPOSED VALENTY ROAD AND EVANS LANE IMPROVEMENT - Vic Herbert asked Mayor and council where the city plans to place the proposed extension of Valenty Road, Mr. Herbert said he had heard the city proposes moving the street from the original location to the east one hundred feet. Mr. Herbert said it will be difficult to get a street straight thru at this particular location. If a street is jogged back and forth a hundred feet or so within a three block area the city will not have a beneficial thru street, Mayor and council told Mr. Herbert that the comprehensive plan had not been adopted and the city could not force the street in any particular location, so they had agreed to move the street to the east as Mr. Andra had agreed to give twenty-five feet for the proposed street. Mr. Herbert said that Evans Lane is of no value to him if Valenty Road does not go through as the city had proposed. Mr. Herbert asked if Evans Lane was going to be improved as planned. Mayor Cotant said there is a problem at present concerning the warranty deed from Dale Orth, Attorney Burnett told council he had prepared and sent a letter to Mr. Orth telling him the city expects him to warrant the warranty deed he signed so that Evans Lane could be developed, that the city plans to go ahead with construction and the city will look to him for payment of any expenses incurred in clearing title to the land and all additional costs incurred as a result of interference with the improvement work. Mrs. Jerry Hithcock was present and asked that the city not tear up Evans Lane at such a time that would cause them to lose the use of the irrigation water. No further discussions. SIDEWALKS IN STUART ADDITION - Dan Davidson, 188 Stuart~ expressed a desire for sidewalks along Stuart Avenue and asked city if they would participate. Mayor Cotant told Mr. Davidson if the residents would petition with 60% of the residents in favor of a Local Improvement District for sidewalk construction the city may be able to help. Attorney Burnett said that unless a Local Improvement District was around $1002000 it is not quite financially feasible to finance a project with an LID. 77 SIDEWALKS IN STUART ADDITION CONT'D - Mr. Davidson asked if city would participate in buying the concrete. Attorney Burnett said the city could be in a serious problem buying the concrete or partially paying for sidewalks~ as sidewalks are mostly beneficial to the property owner. Attorney Burnett said city could provide grades and inspections but would be in trouble providing materials or labor. Councilman Romriell said he would like to see the city cooperate and help with sidewalk construction within the city if at all possible. Attorney Burnett said the city would need to make the benefit available to all of the city. That the city could provide grades, inspections and even providing the forms would cause no problem as the city would be protecting the design and future maintenance. Attorney Burnett said he would send a letter to the mayor and council as to what the city can legally do to participate in sidewalk construction and will also prepare a petition form that will define same. FIRE PROTECTION IN COUNTY - Mayor Cotant said the Bannock County presently has $1500 to pay for fire protection at the rate of $2000 per month. This will pay for approxiamtely twenty two days. Mayor Cotant said that any fire calls answered outside of the fire district would be on a per call basis. Attorney Burnett advised city that they would not want to bill on a call basis, that city would want calls outside the fire district to be part of the contract with the county, or the city would be back into an insurance problem, that everything has to be within the scope of a contract with the county. Attorney Burnett added there has to be a reasonable charge established for calls outside fire district or otherwise the Chubbuck taxpayers will be subsidizing county fire protection. AIC CONVENTZON - Mayor Cotant asked councilmen if they plan to attend the A.I.C. Convention in Coeur d'Alene July 17 - 20. Mayor Cotant told council that he planned to go, however, the councilmen were not certain if they were going to be able to attend. AMENDMENT TO BICENTENNIAL PARK GRANT - Larry Kohntopp informed mayor and council that city could request an amendment to the Bicentennial Park Grant to make certain improvements to the Stuart Park, e.g. restrooms, extension of tennis court and trees. Mayor and council said they felt that they should review the restrooms being installed at the Bicentennial Park and leave word with Larry Kohntopp of their desires. Mayor Cotant advised Parks Superintendent to make application for grant amendment for extension of tennis court and addtiional trees at present. COURT DUTY FOR EMPLOYEES - ~m employee has been called for jury duty and the city does not have a personnel policy concerning this. After some discussion Councilman Quick moved to approve regular payment of salary of employees of all departments other than the police department who are called on jury duty to testify as witnesses or otherwise to participate in public proceeding, but that any fees generated by that service will be returned to the city by the employee if service is incurred during employees regular working.hours. Councilman Fullmer seconded motion with full council approval. Mayor and council to review policy of police department with Chief Stone as to the police officers testifying in court. 79 BRISCOE SUBDIVISION - Franklin Briscoe, developer asked mayor and council if he could place three lots in an escrow fund to guarantee street paving if he deems it advisable not to finish paving streets this year. Mr. Briscoe said the value of each lot is approximately $9,000. Attorney Burnett said the new land development ordinance has waiver provisions that would allow the city to grant such a request if they so desired. Mayor Cotant asked Mr. Briscoe to come back and make his request at such time he feels it necessary to leave the streets unpaved for a period of time. ORDINANCE #197 - Amending Ordinance #129 to provide new rates for water service, garbage collection and sewer services within and outside the city. Councilman Romriell moved to amend ordinance for one inch meter charge to $6.40 with an allowance of 8,000 gallons usage, for excess usage over all minimum amounts to be charged at per thousand or fraction thereof, and to amend effective date to suspend with rule of reading on three separate days. Councilman Kinghorn seconded motion. Roll call vote: Fullmer, yes; Kinghorn, yes; Quick, yes; Romriell, yes. Councilman Fullmer moved to dispense with rule of reading ordinance on three separate days. Councilmah Quick seconded motion. Roll call vote: Fullmer, yes; Kinghorn, yes; Quick, yes; Romriell, yes. Councilman Fullmer noted that the ordinance with the rate change had been read and discussed at three council meetings and that no opposition to ordinance as proposed has been received, therefore the waiver. Councilman Quick moved to adopt Ordinance #197 - setting new municipal utility service rates. Councilman Kinghorn seconded motion. Roll call vote: Fullmer, yes; Kinghorn, yes; Quick, yes; Romriell, yes. ORDINANCE #198 - Amending Section 6 (1) of Ordinance #180 to prohibit location of any fireworks stands within 100 feet of any site for storing or dispensing flammable liquids or gases was read by title by Councilman Romriell as the third reading. Councilman Fullmer moved to adopt Ordinance #198, Councilman Quick seconded motion. Roll call vote: Fullmer, yes; Kinghorn, yes; Quick, yes; Romriell, yes. ORDINANCE PROVIDING FOR DIRECT LEGISLATION THROUGH INITIATIVE AND REFERENDUM was read by title by Councilman Romriell and accepted as second reading. RESOLUTION 3 - 79 - resolving to purchase a backhoe and garbage packer and truck, on a lease-purchase through the bank. Councilman Romriell moved to adopt Resolution #3-79, Councilman Fullmer seconded motion. Roll call vote: Fullmer, yes; Kinghorn, yes; Quick, yes; Romriell, yes. Councilman Quick made motion to instruct mayor to contract for monthly payments if there is no additional service charges, otherwise mayor will bring matter back to council for further determination. Councilman Kinghorn seconded motion with an unanimous vote of council in favor. RAILROAD CROSSING PROJECT - Engineer Smart informed council that the city has agreed to do a portion of this construction at certain estimated costs and city agreed to participate by in-kind work and a cash advance. The city will need to bid the asphalt on the street improvement for this project. Mayor and council advised Engineer Smart to proceed with the bidding. GENERAL DISCUSSION: 1. Standing water problem at Victor and Tahoe Place. Engineer Smart said this was on the job list but he would need hot mix to make the repairs and the hot mix plant is not open yet. 2. Inspections at Pine Ridge Mall. Developers have requested more frequent inspections than they feel they will get from the State on plumbing and electrical. Building Inspector Dan Stuart plans to contact the city of Pocatello and find out if arrangements can be made for Pocatello to do the inspections, if council and mayor feels this might be a workable solution. Engineer Smart was advised by council to pursue the possibility of ?ocatello doing the electrical and plumbing inspections on the Pine Ridge Mall construction. ADDITIONAL CLAIM - A claim in the amount of $145.11 to Porter's Camera Store, Cedar Falls, Iowa for developing supplies for the Police department was presented to council. The supplies were ordered C,O.D. and will be delivered within 10 days. Mayor and council did not approve the claim. 81 Councilman Quick moved, Fullmer seconded, with full council approval for meeting to adjourn at 11:30 p.m, era C. Armstrong , City Cle~ ~Tn O. Cotant,