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HomeMy WebLinkAbout09 04 1979 CM165 COUNCIL MEETING MINUTES September 4, 1979 Minutes of the adjourned meeting of August 28, 1979, held in the city municipal building September 4, 1979 for the purpose of holding a public hearing on the 1979 - 80 fiscal budget and other tabled business. Present: Mayor John O. Cotant, Jr., Councilmen Boyd L. Fullmer, Dwain A. Kinghorn, Earl L. Romriell. Attorney Donald L. Burnett, Jr., Engineer Steven M. Smart, City Clerk Vera C. Armstrong. Councilman LeRoy S. Quick excused. Meeting called to order at 8:05 p.m. PUBLIC HEARING - 1979 - 80 Fiscal Budget - Mayor and council reviewed the budget in it's entirety. The public hearing notice and budget includes proposed revenue of Federal Revenue Sharing Funds and also the budget expenditures of Federal Revenue Sharing Funds which qualifies this public hearing as the hearing required on Federal Revenue Sharing Funds also. Councilman Kinghorn moved to approve the budget with no basic changes in fund amounts from the amounts in the public hearing notice. Councilman Romriell seconded motion with all councilmen voting in favor. BEER LICENSE APPLICATION - Ed Sandlin of Me-N-Ed's Pizza establishment, and several other representatives were present on behalf of the beer license application. The application is for beer by the drink license and the matter was tabled at the August 28 meeting. Attorney Burnett presented a memorandum to mayor and council concerning issuance of the license. Mayor and council discussed the police coverage required because of an additional restaurant selling beer within the city. Mr. Sandlin and his managers of Me-N-Ed's Pizza establishments informed council that they have not had any police problems at their other locations. After further discussion, Councilman Romriell moved to approve the sale by drink license for Me-N-Ed's Pizza Parlor at 4230 Yellowstone. Councilman Fullmer seconded motion. All councilmen voted in favor. CHUBBUCK CENTER SUBDIVISION AND DEVELOPMENT - Craig Christensen, representing Craig, Ashley and Associates told council they are anxious to get a building permit for the Smith Food King Store planned to be built on property within their development which lies northwest of Chubbuck Road and Yellowstone Avenue. Mr. Christensen made a plea to the mayor and council for something to be done so that a building permit can be issued for the construction of Smiths Food King. Engineer Smart told council the firm has presented a plan, thinking it would suffice for a preliminary plat, which it does not. Engineer Grant Anderson, with H & V Engineering Inc., said it was a misunderstanding that a preliminary plat has not been submitted. Attorney Burnett told council they have the authority to waive the procedural requirements and if they care to do this it should be done tonight so the Land Use and Land Development Commission can review the plat this Thursday evening. Engineer Anderson said they could not have the preliminary plat ready for review this Thursday. 167 CHUBBUCK CENTER SUBDIVISION AND DEVELOPMENT cont'd - Mayor Cotant asked what assurance the city has that streets will be completed. Attorney Burnett told mayor and council the holding back of the issuance of a building permit would be one form of assurance, the issuance of a completion bond to the city would be another form of assurance. Mayor Cotant asked if a building permit could be issued for a portion of building to allow construction to start and a bond be submitted prior to the complete building permit being issued. Craig Christensen asked if a letter of credit would be acceptable. Attorney Burnett said it would be a lesser form of assurance than the bond. Engineer Grant Anderson said that most municipalities accept an irrevocable letter of credit to assure completion of development of streets. Attorney Burnett stated the vacation of Circle In Street seems to be a critical point of issue. Mayor Cotant said, somewhere in the sale of the property, a consideration has been given for vacation of the street, so why can't either Mr. Frasure and Mr. Murray or Craig, Ashley and Associates, wherever this responsibility lies be responsible for developing the proposed Ward Drive which will be exchanged for the vacation of Circle In Street. Engineer Anderson asked what proper documents would be needed by the city before they could secure a building permit for Smiths Food King Attorney Burnett informed Engineer Anderson and Mr. Christensen the city would need 1) a plat to show where the improvements are to be made 2) an instrument which obligates one or more parties to make those improve- ments 3) a form of security satisfiable to the city to back up that co~ittment to make those improvements. Mayor Cotant suggested the building permit be issued for foundation work, giving Ashley, Craig and Associates time to plat and bond prior to applying and receiving a building permit to complete construction of the building. After further discussion, Councilman Fullmer moved to grant relief from the provisions of Land Development Ordinance, Ordinance #206, in the limited form of allowing an interim building permit, restricted to foundation and site work, to be issued without prejudice to the city's right to demand full compliance with Ordinance #206 and other applicable ordinances, and with the developers agreement to be entered into the minutes of this meeting; that the interim permit shall not constitute any basis to demand the issuance of any further permit except upon full compliance with all applicable ordinances. Councilman Romriell seconded motion. Craig Christensen, Ashley, Craig & Associates agreed to full compliance with all applicable ordinances on his own behalf and on behalf of Smiths Food King, assuming he has the authority to do so and that the building permit will be voided or revoked if it turns out that Mr. Christensen does not have the authority. Mr. Christensen then added that he did not have the authority to agree to this compliance on behalf of Smiths Food King. Attorney Burnett then added that permit issuance will also be subject to ratification by Smiths Food King of the agreement made by Mr. Christensen. All councilmen then voted in favor of motion. 169 CHUBBUCK CENTER SUBDIVISION DEVELOPMENT cont'd - Attorney Burnett asked that minutes also reflect that Mr2 Christensen has obligated himself, if he wants to proceed, to comply with all the ordinances which will consist of obtaining approval of a preliminary plat which complies entirely with the city's ordinance and in order to get that approval they will need to present a committment on someone's part to put in these improvements and make the dedication and an appropriate form of security to stand behind these improvements. Engineer Grant Anderson told mayor and council that they prefer to plat all property from Chubbuck Road to the Handy Service, that he knew that the additional owners would need to sign the plat in respect to their particular ownerships of land, and asked city if they would assist in securing signatures. Mr. Anderson was told by Attorney Burnett it may be wise to have two plats prepared just in case the other property owners do not desire to have their property platted. PUBLIC HEARING ON 1979 - 80 FISCAL BUDGET cont'd. ORDINANCE # 209, known as the "Annual Appropriation Ordinance of Fiscal Year 1979 - 80" was read in full by Mayor Cotant. Councilman Romriell moved to dispense with the rule of reading ordinance on three separate days. Councilman Kinghorn seconded motion. Roll call vote: Fullmer, yes; Kinghorn, yes; Romreill, yes. Councilman Kinghorn moved to adopt Ordinance #209. Councilman Fullmer seconded motion. Roll call vote: Fullmer, yes; Kinghorn, yes; Romriell, yes. RESOLUTION # 12-79 - seting the amount to be levied against all taxable property of the said city for the year 1979 to be $330,000.00 was read in full by Mayor Cotant. Councilman Romriell moved to adopt Resolution #12-79. Councilman Fullmer seconded motion. Roll call vote: Fullmer, yes; Kinghorn, yes; Romriell, yes. DELORES NEWBOLD-PELLUM ~ARRU~ EASEMENT TO THE HENDERSONS - Mayor and council discussed the request of Attorney Olley, requesting the city accept a 10 foot easement instead of a 20 foot easement, which Mr. Henderson has. No decisions were made. GENERAL DISCUSSIONS: 1. Development of Evans Lane. 2) Pocatello City has requested Chubbuck City to exclude a portion of the Pocatello Industrial Park from the Chubbuck city limits and council asked mayor to pursue this further 3) Terteling Land Exclusion 4) Appeals board hearing tentatively set for September 12- 5) Production Dwelling Court provisions 6) Guidelines for participation in sidewalk construction. Councilman Kinghorn moved, Romriell seconded, with full council approva,3 that meeting adjourn at 12:30 a.m.kl6hn~~' ~ '//"~-0. Cotant, dr~~ Vera C. Armstrong, City Clerk~