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HomeMy WebLinkAbout09 11 1979 CMCITY COUNCIL MEETING September ll, 1979 173 Minutes of the regular council meeting held in the city municipal building, September 11, 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. Smart, City Clerk Vera C. Armstrong. Meeting called to order at 8:00 p.m. by Mayor Cotant. Mayor Cotant asked for any corrections or additions to minutes of August 28 and September 4. It was noted that the motion by Councilman Romriell approving a beer license for Me-N-Ed's Pizza Parlor should designate "sale of beer by drink". Councilman Fullmer moved to approve the minutes of August 28 and September 4 as amended by adding "of beer" in motion, page 165. Councilman Romriell seconded motion, all councilmen approved motion. PROPOSED SOUTH BUFFALO ROAD VACATION - The mayor and council made an on-site inspection of the dedicated right-of-way for a future South Buffalo Road. Land Investments, Inc. representatives were also at the on-site inspection. It was discussed at the on-site inspection that the City of Chubbuck would make contact with Fort Hall Irrigation District to determine the circumstances under which the Fort Hall Irrigation Canal~ could be piped and covered. This matter to be tabled until more information is available. CHUBBUCK CENTER DEVELOPMENT - Asheley, Craig and Associates are developing a Chubbuck Center development. They have been informed they must plat their development and guarantee that a street will be developed to replace the present Circle In Street, which Mr. Frasure has requested to be vacated. John Murray and Charlie Frasure were present and told council they were not certain where the proposed Ward Drive on the west side of Yellowstone would be. The proposed Ward Drive is to replace Circle In Street. Richard Allen, with Ashley Craig and Associates asked if it would be necessary to know exactly where that street will be prior to submitting a preliminary plat. Mr. Frasure, Mr. Murray and Mr. Allen were told that it would need to be on the original preliminary plat and that if the street location needed to be changed, a change that would be considered a major change, it would be necessary to file an amended plat at that time. JUNK CARS AT 204 MINGO - Police have been researching the report that several cars have been found to be parked on property at 204 Mingo Lane. Ruth Ann Merrell owns the property and the cars are mostly registered in Ruth Ann Merrell's name. Attorney Burnett said he had done some research and a tax permit has been issued to someone residing at that residence and that the situation bears some further research. Skip King was invited to this meeting by Attorney Burnett to discuss the matter, but is not present. 175 JUNK CARS ON MINGO cont'd - Mr. and Mrs. Dean Renfrow and Mr. Anderson were present to bring to the attention of the mayor and council how many areas on Mingo Lane that are out of compliance with city ordinances. Mr. and Mrs. Renfrow are trying to sell their home and because of the junky situation of the street they claim they have not been able to sell their home. Mayor Cotant told Mr. and Mrs. Renfrow and Mr. Anderson that the city would follow up on this. EASTERN POWER COUNTY FIRE DISTRICT - The Eastern Power County Fire District Commissioners were present to discuss the amount of money to be received by the City of Chubbuck to provide fire protection to the Eastern Power County Fire District. Mayor Cotant said he felt the city should receive an amount equal to one mill for this fire protection coverage. John Butterfield, treasurer of the fire district told mayor and council that one mill had generated just over a hundred dollars over the $10,000 needed to pay Chubbuck this year. It was agreed by the Eastern Power County Fire District Commissioners and the Mayor and Council to renew the agreement for fire protection services for the amount of $10,000 for the fiscal year, 1980. Attorney Burnett will prepare an amendment or a new agreement to be negotiated. LITTERING AND SPEEDING ON WHITAKER ROAD - Denny Hanners, 5018 Whitaker Road, was present to question city action on an incident which happened after a wedding reception last Saturday. There was not only speeding and racing but also littering. Attorney Burnett told mayor and council that city would need positive identification to prosecute for speeding. Mayor Cotant suggested requiring the E1 Cielito owners to notify the city police when a wedding reception is being held so that an officer might be assigned to the location during this period of time. Councilman Kinghorn told council it has been suggested an additional speed sign or two be posted on Whitaker Road. Mayor and council decided to pursue the above with hopes the situation will be improved. DE[ORES NEWBOLD BARRUS EASEMENT - Dennis Olley, Attorney for Mrs. Barrus was present representing Mrs. Barrus. Mr. and Mrs. Barrus were also present. Mr. Olley asked council if they had came to any agreement upon accepting an easement of a lesser width than 20 foot. Engineer Smart reported the cost of moving the sewer line on Mrs. Barrus's property would be approximately $6,500. Engineer Smart told council he recommended a 20 foot easement. A discussion followed and in the discussion Mr. Olley said his client might accept a 13 foot easement, they were hoping for only a 12 foot easement. Mayor and council discussed approving a fifteen foot easement, but there was not a majority of council in favor of a 15 foot easement at the present time. Also, Mr. Olley said his client would like more time to consider if she would accept a fifteen foot easement or not. 177 PURCHASE OF POOLE PROPERTY - The City has requested rezoning and a conditional use permit to allow the city to use the property at 136 Hiway Avenue, presently leased, as a police station and a utility yard. After considerable discussion, Councilman Romriell moved that the Council recognize the annual claim represented by the Poole contract and instead of paying the annual amount due under the lease to exercise the purchase option and tender the sum of $22,700.48 to purchase the property. Councilman Fullmer seconded motion. All councilmen voted in favor. ORDINANCE REPEALING THE UNIFORM FIRE CODE read in full by Mayor Cotant and accepted as second reading. ORDINANCE REPEALING THE LIFE SAFETY CODE read in full by Mayor Cotant and accepted as second reading. Attorney Burnett suggested Building Inspector Dan Stuart and Fire Chief Denny Jones make a recommendation concerning the repeal of the Uniform Fire Code and Life Safety Code. Fire Chief Denny Jones was present and said he would review the code. RESOLUTION #14-79, proclaiming the city election, designating polling place and registers, was read in full by Mayor Cotant. Councilman Kinghorn moved to approve Resolution #14-79. Councilman Quick seconded motion. Roll call vote: Fullmer, yes; Kinghorn, yes; Quick, yes; Romriell, yes. CLAIMS TO BE PAID IN SEPTEMBER presented to mayor and council. After reviewing~ Councilman Fullmer moved to approve the payment of all claims as presented. Councilman Kinghorn seconded motion with all councilmen approving. Councilman Romriell moved, Fullmer seconded, with full council approval that the meeting adjourn at 12:10 a.m. Vera C. Armstrong, City Clerk