HomeMy WebLinkAbout05 26 1977 CM COUNCIU MEETING MINUTES 215
May 26, 1977
Minutes of recessed meeting of May 24, held in the city municipal building
May 26, 1977.
Present: Mayor John O. Cotant, Jr., Councilmen Boyd L. Fullmer, Dwain A. Kinghorn,
Earl L. Romriell, Attorney Don Burnett, Engineer John Alder and Clerk Vera
Armstrong. Councilman Wayne G. Taylor excused.
Meeting called to order at 6:15 by Mayor Cotant.
LIQUOR CATERING PERMIT - Lena Gianinni~ 5 Mile Inn, has applied for a liquor
catering permit to be used at E1 Cielito to cater for Pocatello Firemans
organization on June 9·
Councilman Romriell moved to approve the catering permit. Councilman Kinghorn
seconded motion with an unanimous vote in favor.
INTERGOVERNMENTAL AGREEMENT WITH POCATELLO CITY~e~a~ the use of the animal
shelter. Attorney Burnett informed council~-t-q~n-~rf-qz4~e-~'4~oq~
Councilman Kinghorn moved to approve the Intergovernmental agreement as amended~o~
with the "hold harmless" clause· Councilman Romriell seconded motion with an
unanimous vote in favor.
NEW COLONIAL SEWER CONNECTION AND DELINQUENT SEWER CHARGE - Attorney Burnett
informed council that courts have upheld discontinuing one utility service
for failure to pay charges on another service, which would constitute turning
off water service for failure to pay sewer charge and advised that the city
may do so if they feel this is the course of action they desire.
New Colonial Motel has refused to hook up to sewer and failed to pay sewer
bill accrued, city needs this revenue to pay off bonds
After some discussion, Attorney Burnett recommended amending complaint
previously prepared and file, stipulating for owner of New Colonial to come
in and show cause why service should not be terminated within a certain time
frame.
Councilman Romriell moved for council to approve to file complaint with the
following amendments; compelling New Colonial to hook up to sewer, authorizingmm
court to assess back delinquent fees as appropriate and for court to issue
order to show cause why water service should not be terminated. Councilman
Fullmer seconded with all councilmen in favor.
PUBLIC HEARING ITEM - Pablo Hernandez has requested a variance from zoning
regulations to allow the placement of a mobile home on property located at
5411 Yellowstone Avenue. Mr. Hernandez has appealed the decision of the
Planning and Zoning Commission in their denial of his request.
The easements for roadway and sewer were discussed in relation to the lots
developed in the area and location of property of Pablo Hernandez. It was
difficult to determine definitely where the easements for roadway and sewer
exist. There seems to be a portion of the presently used roadways where no
legal road easements can be located, also, sewer lines do not seem to be
centered in sewer easements.
An extensive discussion was carried on in relation to the problem.~with Mayor
Cotant summarizing agreements as to sewer and roadway easements as follows:
Pablo Hernandez to give lO ft. on northwest corner of their lot to provide
a 25 ft roadway from Briscoe Road. Juan and Lupe Hernandez, son and daughter
of Pablo Hernandez have agreed for dedication of public right-of-way approximate}b}~
.1~0 ft. south of present roadway which will take about 10 ft. on the northwest~.~
cont'd 217
PUBLIC HEARING ITEM- HERNANDEZ - corner of the Hernandez property. Main
sewer line will still be in sewer easement, however, after adjustments of
sewer easements city will allow portion of easement to be grassed or used
for parking. City will accept street and surface street to eliminate
dust.
City would like adjoining owners to agree upon dissolving of 17~ ft. permanent
easement off Yellowstone.
Mayor Cotant remarked that a 25 ft. street is not the best but city will accept
maintenance of street and surface.
Garbage pick-up will be studied andre~rranged with possible individual pick up
when street is finished.
City will prepare easements and describe in one easement to city for adjoining
property owners to sign.
All property owners in area should sign an agreement that existing roadway
coming in from Yellowstone Highway 91 be closed.
John Merzlock, son of Belva Adolphson, requested that if all parties agree to
abandon street at later date, that city agree now that they will vacate
easement and right-of-way.
Attorney Burnett said he felt Idaho Code sufficient to take care of this
problem when it arises and it may not be wise for this council body to approve
vacation in advance. Such action in advance may create a statutory problem.
Councilman Romriell moved to grant the variance for mobile home as requested
by Pablo Hernandez on condition that the applicant and owner of record dedicate
a sufficient easement to provide for extension of the roadway coming in from
Briscoe Road of a width of 25 ft. to be specifically determined by city
engineer and further that they will cooperate to extent necessary in any
adjustments to city sewer easements as determined by city engineer, that they
cooperate to extent necessary in the closure of the roadway coming in from
the Yellowstone Highway. Motion further made with the understanding that
owners of neighboring property, including particularly Belva Adolphson, shall
also dedicate such easements as may be required for extension of roadway
coming in from Briscoe Road and cooperate in the adjustment of sewer easements
and in the closure of roadway coming in from Yellowstone Highway. Motion
further made with the additional understanding that the roadway coming in
from Briscoe Road will follow a route approximating but offset approximately
l0 ft. from the existing roadway as determined by city engineer and that the
roadway will be surfaced and maintained by the city following dedication and
further that older house be torn down within 90 days after trailer is moved
onto property. Councilman Fullmer seconded motion. All councilmen voted
in favor of motion.
With no further business, MayorCotant adjourned meeting at 7:40 p.m._
Vera C. Armstrong, City Clerk ~"
L/