HomeMy WebLinkAbout08 14 1979 CMCOUNCIL MEETING MINUTES
August 14, 1979
Minutes of the regular council meeting held in the city municipal building
August 14, 1979.
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. Samrt, and City clerk Vera C. Armstrong.
Meeting called to order at 8:03 p,m. by Mayor Cotant.
Mayor Cotant asked for any corrections or additions to minutes of June 28
public hearing meeting on the Local Land Use Planning.
Councilman Fullmer requested that in the third paragraph, page 119, that the
- following addition to his remarks be added "and that as a climate to
people using their property, the favorable reaction of those present at
this hearing, would cause the council to have a favorable attitude to
this proposed comprehensive plan zone change."
Attorney Burnett asked that second line in Councilman Quick's motion in the
center of page 119 be corrected to read "in its present form."
Councilman Kinghorn moved to approve minutes of June 28 public hearing
meeting on Land Use Planning as amended. Councilman Quick seconded motion
with all councilmen voting in favor.
Mayor Cotant asked for any corrections or additions to minutes of July 24
council meeting.
In discussing the minutes, mayor and council requested that Mr. & Mrs.
Parley Lee be invited to the next council meeting and also that an
appointment be made with Land Investments, Inc. for an on-site inspection
on the proposed vacation of Buffalo Road.
Councilman Quick moved to approve the minutes of the July 24 meeting as
written. Councilman Fullmer seconded motion with all councilmen voting
in favor.
BID OPENING: The city has called for bids on miscellaneous paving on
city property. Mayor Cotant opened and read the following bids,
Attorney Burnett and Engineer Smart reviewed the bid bond requirements.
BID OF TIGER ASPHALT INC. P. O. Box 1067
Blackfoot, Idaho - Total bid for all four items= $16,899.08
BID OF BANNOCK PAVING COMPANY, INC. P. O. Box 4002
Pocatello, Idaho - Total bid for all four items = $14,164.80
Councilman Fullmer moved that city, making a finding that Bannock Paving
is the apparent, lowest responsible bidder and authorize the mayor and
engineer to enter into contract for services and materials as entered in
bid. Councilman Kinghorn seconded motion. All councilmen approved motion.
NORTHERN BANNOCK COUNTY FIRE PROTECTION DISTRICT - Attorney reappraised the
fact that the city has a contract with the Norther Bannock County Fire
District. Attorney Burnett reported the county has failed to hold the
hearing to authorize release of the fire truck to the Northern Bannock
County Fire Protection District. Attorney Burnett added that there is a
ramification to the contract if truck is not ultimately delivered to city,
147
NORTHERN BANNOCK COUNTY FIRE PROTECTION DISTRICT - cont'd - the contract
is designed that payment will be made with money. Attorney Burnett also
informed mayor and council that there may be a problem with funding and
asked Sam Clark, attovney for the Northern Bannock County Fire Protection
Fire District to explain further to city.
Attorney Sam Clark reported to Mayor and Council that an entity created
after January 10 cannot levy for revenue that same year, that the first
year the fire district can levy is in December, 1980, and this has been
confirmed by the Attorney General's office.
Attorney Clark informed mayor and council that they are doing some research
to find out if it would fall within the provisions of the the law for the
district to bond for fire protection. He added that the fire commissioners must
be elected in November or December and the question of bonding could be put
to the electors at the same time.
Attorney Sam clark requested that the mayor and council consider allowing the
district the time element necessary for bonding. Were the bonding provision
not possible, the city would not be receiving any revenues for fire protection
until February of 1981.
Mayor and council voiced concern of not receiving the money for the service
at the time the service is rendered, and this fact being an economical
hardship on the city.
Mayor Cotant asked Attorney Burnett to present information to the county
that the city expects the county to back the Northern Bannock County
Fire District in funding this fire protection service, that the city
just cannot continue this service without receiving the funding as
provided in contract,
Attorney Burnett said he would prepare a resolution to this effect and
and it could be acted upon later this evening.
Councilman Fullmer voiced concern and his opinion that the city should not
be using the Bannock County Fire Truck unless they are guaranteed that
liability and other insurance is in full force on the truck.
NORTHERN BANNOCK COUNTY FIRE PROTECTION DISTRICT as continued later in the
evening.
RESOLUTION 9-79 - authorizing Mayor Cotant to declare and give notice,
at such time as he deems most expedient to protect city resources, that
services under contract with Northern Bannock County Fire Protection
District are terminated unless or until the fire truck is furnished
and evidence is provided that funds are available from a specific,
committed source from which to make timely payments under the contract
was read in full by Mayor Cotant.
Councilman Romriell moved to adopt Resolution #9-79, Councilman Fullmer
seconded motion. Roll call vote: Fullmer, yes; Quick, yes; Kinghorn,
yes; Romriell, yes.
VACATION OF CIRCLE IN STREET - Councilman Romriell moved that the vacation
of Circle In public hearing be tabled until the meeting that Ashley
Craig Associates presents the preliminary plat on their development.
Councilman Quick seconded motion with all councilmen voting in favor.
RETAIL BEER AND WINE LICENSE - Vern E. Herzog has applied for a retail beer and
wine license for a convenience store to be located at 4756 Yellowstone. The
police department have recommended approval of issuing license.- cont'd
149
RETAIL BEER AND WINE LICENSE cont'd - Councilman Fullmer moved to approve
issuance of a retail beer and wine license to Vern E. Herzog for
convenience store at 4756 Yellowstone. Councilman Kinghorn seconded
motion with all councilmen voting in favor.
PARADISE ACRES STREET ACCEPTANCE - SECOND PHASE - Engineer Smart recommended
approval of street construction for maintenance.
Councilman Romriell moved to accept the streets in the second phase of
Paradise Acres Subdivision. Councilman Kinghorn seconded motion. All
councilmen voted in favor of motion except Councilman Fullmer who was
absent from meeting at time vote was taken.
PUBLIC HEARING - PROPOSED FEDERAL REVENUE SHARING. The following table lists
the estimated revenues and proposed expenditures of Federal Revenue Sharing
Funds for fiscal year 1980 as published.
ESTIMATED REVENUE:
October, 1979
January, 1980
April, 1980
July, 1980
ESTIMATED EXPENDITURES: 423 - Fire Control
433 - Sanitation
434 - Waterworks
438 - Parks Construction
431 - Highway Streets & Roads
$ 11,654.00
11,654.00
11,654.00
11,654.00
46,616.00
$ lO,O00.O0
lO,O00.O0
lO,O00.O0
lO,O00.O0
6,616.00
46,616.00
No citizens of the city were present to discuss the proposed use of
federal revenue sharing funds. The following proposals were made as
estimated expenditures of Federal Revenue Sharing Funds and will be
budgeted into the general city budget and hearing to be held on same
will be held at the general budget public hearing.
ESTIMATED EXPENDITURES:
423 - Fire Control
433 - Sanitation
431 - Highway Streets & Roads
$ 20,000.00
lO,O00.O0
16,616.00
46,616.00
POWER COUNTY FIRE PROTECTION DISTRICT - Council reviewed the fact the city is in
need of a new contract with the Power County Fire District. Attorney
Burnett is preparing this, and if anything new develops, Mayor Cotant asked
Councilman Fullmer to follow through on the matter.
REQUEST OF WAIVER OF SANITATION SERVICE AND FEE BY PARRISH COMPANY FURNITURE -
Rodney Parrish, has submitted a written request asking for waiver of
sanitation service because of the bulk of their trash and the bulding supply
content of same.
Councilman Kinghorn moved to approve the waiver of the sanitation service to
Parrish Company Furniture because of the bulk of their trash and the construction
type materials. Councilman Quick seconded motion with an unanimous vote
in favor.
151
CLAIMS TO BE PAID IN AUGUST presented to mayor and council.
Mayor and council reviewed the claims thoroughly. Councilman Romriell
moved to approve the claims. Councilman Kinghorn seconded with full
approval of council.
RESOLUTION 8 - 79 - adopting the 1979 edition of the Uniform Building Code was read in full by Mayor Cotant.
Councilman Romriell moved to adopt Resolution 8 - 79. Councilman Fullmer
seconded motion. Roll call vote: Fullmer, yes; Kinghorn, yes; Quick, yes;
Romriell, yes.~
GENERAL DISCUSSIONS:
1. Councilman Fullmer suggested setting a limit on the amount to be
spent for baseball trophies, also, that all boys registering to play
baseball be required to pay a $15.00 fee which coulc be reimbursed to
them by the selling of 15 pens they receive at registration, Councilman
Fullmer also suggested the organization of a pee-wee league. Mayor
Cotant suggested the sponsors ~ee be raised.
2. Councilman Romriell asked if Attorney Burnett is preparing a resolution
to reject the bids on city property. Attorney Burnett said he was
preparing these instruments.
3. Councilman Kinghorn suggested the city adopt some sort of restriction
on antennas.
4. Mayor Cotant suggested a noise abatement ordinance.
5. Councilman Kinghorn asked about a report on gas usage.
6~ Mayor Cotant asked council to consider joining the Southeast Idaho
Council of Governments.
UNIFORM LIFE SAFETY CODE AND UNIFORM FIRE CODE - After considerable
~ discussion, Councilman Romriell made motion for Attorney Burnett to
prepare an ordinance repealing the existing ordinances on the Uniform
Life Safety Code and the Uniform Fire Code. Councilman Quick seconded, witb~full ~
DEDICATION OF LAND FOR STREET - Attorney Burnett informed council that M~?unc~/ approval.
Andra said he only agreed to curb, gutter and sidewalk the dedicated
right-of-way to city for a future street through his property on East
Linden. Council discussed thoroughly and thought it best to meet with
Mr. Andra on this matter.
Councilman Kinghorn moved to table the matter of this land dedication
from Don Andra until the August 28 council meeting when Mr. Andra will be
able to attend meeting.
PERSONNEL - Mayor and council discussed the return to work of employee
Lloyd B. Brower. After a lengthy discussion, mayor and council decided Mr.
Brower should be r~instated to employment subject to a review at the end
of 30 days.
Councilman Romriell moved, Kinghorn seconded with full council approval for
meeting to adjourn at 1:00 a.m.
Ver a~'~.~rm s~t~o n C~it~y~
' · ~ ~, ' y Clerk~