HomeMy WebLinkAbout06 14 1977 CM COUNCIL MEETING MINUTES
June 14, 1977
Minutes of the regular council meeting held in the city municipal building
June 14, 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 8:07 p.m.
Mayor Cotant asked for any corrections or additions to minutes of May 24 and
May 26 meetings. Councilman Romriell moved to approve minutes as written.
Councilman Fullmer seconded motion with all councilmen voting in favor.
Later in evening Attorney Burnett asked to open corrections to minutes of
May 26 and requested the following change. First paragraph under "Inter-
governmental agreement with Pocatello City" to read- Attorney Burnett informed
council that it is not generally desirable for one party to hold another party
harmless for that second party's own negligence. However, due to the nature
of the service provided under the animal shelter agreement, and due to
Chubbuck's need for the service, approval of the agreement appeared to be
necessary.
Councilman Kinghorn moved to approve May 26 minutes with amendment as requested
by Attorney Burnett. Councilman Romriell seconded motion with all councilmen
approving.
FIREWORKS PERMITS - Mayor and council discussed the policy of issuing fireworks
permits and requiring liability insurance. The city has been issuing permits by
policy only. The city has been requiring application be approved by council
and proof of liability insurance be submitted.
Mayor and council decided to have Attorney Burnett draw up a fireworks ordinance
prior to the date sales are requested. A special meeting will be held for this
purpose.
RESOLUTION 6-77 - Providing for approval of claims in connection with water
system improvement project read in full by Mayor Cotant.
Councilman Romriell moved to approve Resolution #6-77.
Councilman Kinghorn seconded motion. Roll call vote: Fullmer~ yes;
KInghorn, yes; Romriell, yes.
RESOLUTION # 7-77 - Authorizing the provision for taking of special census
read in full by Mayor Cotant. Council and mayor decided census should
be conducted the 3rd week in September.
Councilman Fullmer moved to approve Resolution #7-77. Councilman Romriell
seconded motion. Roll call vote: Fullmer, yes; Kinghorn, yes; Romriell, yes.
DELINQUENT SEWER HOOK-UP AND FEE CHARGE - Arthur McOmber~ owner of New Colonial
Motel stated he would offer a proposal to city.
Mr. McOmber said Oregon Construction should be held responsible for the error
of installation of main sewer line. Mr. McOmber told council he has had
pipe on his property to do service line since sewer was available and had
Porter Construction hired to do job. Mr. Porter reported sewer could not
be installed. Mr. McOmber called in three surveyors to run transit on
line and they reported he could not get into line. He also said he had
contacted Oregon Construction and requested they contact him before in-
stalling main sewer line.
Mr. McOmber stated he does not care for sump pump operation. He would
like to put laundry in his basement at some time and would need drains.
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DELINQUENT SEWER HOOK-UP AND FEE CHARGE - cont'd - Mr. McOmber added he would like to be fair but don't know what that might be.
Engineer Alder informed council that Mr. McOmber could get all his lines
into main sewer line with exception of floor drains in basement.
Mayor Cotant told Mr. McOmber that he was of the opinion that Forsgren,
Perkins and Associates engineered the system to service floor drains
at normal floor level. ~
Mr, McOmber made the proposal that he go ahead and connect up to sewer
using facilities nowava~able. He added that he has paid into sewer
system and not received the service. He will connect sewer and stand
expense of sump pump if city will give him 30 to 60 days to get job done
and cancel out his delinquent sewer fee obligation.
Councilman Kinghorn told Mr. McOmber other people have hooked up two or
three lines and gone to much expense to do so and that the city has
not been shown that his sewer can't be connected,
Mr. McOmber told council ~he designed basement for mens and ladies
restrooms at an expensive outlay hoping to be able to use the
same at sometime.
Engineer Alder assured Mr. McOmber that all lines could be served into
present main sewer line with exception of basement floor drains.
Attorney Burnett said there is a distinction between waiving of entire
fee; the part that relates to sewer bond payments and the part that
relates to overhead expense of system.
Attorney Bernett said council might consider waiving sewer fee to
whatever fraction the sewer bond expense is to operation and maintenance.
Councilman Romriell said he would like to see the system operating
without use of sump pump.
In reviewing 1976 expenditures, it was estimated expense would be in a
percentage range between 40 and 50 per cent.
Councilman Fullmer made motion the city attorney be instructed to withhold
the filing of complaint for injunctive relief and damages until the second
regular council meeting in July, by which time all portions of the New
Colonial Motel, with exceptions of basement drains, be hooked up to
sewer system and that by that date the proportionate delinquency be paid;
and further in event owner of New Colonial Motel desires to use basement
drains at any future time, that floor drains will not be used until they
are hooked up to sewer system and then at the owners expense. Councilman
Romriell seconded motion. All councilmen voted in favor.
Mr. McOmber participated in the full discussion in regards to his sewer
hook-up of New Colonial Motel and was in full agreement with motion above.
GENERAL DISCUSSIONS:
1. City needs to install sewer backflow valve at 203 Hiway Avenue.
2. Councilman Romriell Would like to see sidewalks along city property
installed.
3. Pressure control valves - Attorney Burnett to research city responsibility
in regards to requiring the valves.
4. Storm drain problems - Councilman Romriell questioned what action city
should take iD regards to curing the drainage problems in Country Acres
Subdivision.
5. Bistline Park at Well #1. City plans to grade and plant grass this
summer.
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6.Paradise Acres Park Construction - City needs to get development of
project underway.
7.Waterline in Heights ~ Engineer Alder told council he has told Heights
the waterlines will need to be moved.
8. Chubbuck Information and Chubbuck Days - Councilman Fullmer reviewed
M.I. and S.A.B. minutes. Mayor Cotant said he felt the city should
see the contents of city directory prior to approval of printing.
9.Review of Subdivision Ordinance.
FINANCIAL STATEMENT presented to mayor and council.
CLAIMS TO BE PAID IN JUNE reviewed by mayor and council. After a thorough
review Councilman Romriell moved to approve the claims. Councilman
Kinghorn seconded motion with all councilmen approving.
DAMAGE CLAIMS in regards to storm water and sewer backage into homes as the
result of flash flood on June 7. Council instructed clerk to submit claims
to the insurance agency as soon as they are received at office.
ORDINANCE #179 - governing vehicles that do not bear licenses or are structurally
damaged, dismantled, partially dismantled, junked, abandoned or discarded, etc.
read by title by Mayor Cotant as 3rd reading.
Ordinance has been read by title at one meeting and in full at one meeting,
however, ordinance has been slightly amended since full reading and the
amended portion was read by Attorney Burnett. Attorney advised council to
pass motion waiving requirement that ordinance be read on three separate ~
days due to the amending of ordinance. 'i ~
~.~ll~r ~
Councilman ~n~,,orn moved to waive requirement of reading Ordinance #179 on__. ,~-~
three separate days. Councilman Kinghorn seconded motion. Roll call vote: ~/~b~,
Fullmer, yes, Kinghorn, yes; Romriell, yes.
Councilman Kinghorn moved to adopt Ordinance #179. Councilman Fullmer
seconded motion. Roll call vote: Fullmer, yes; Kinghorn, yes; Romriell, yes.
Meeting recessed at 11:30 p.m.
consider fireworks ordinance.
until Thursday afternoon at 5:oo p.m. to
(//~o~ 0'. Cotant, Or., M~ror
Vera C. Armstrong, City Clerk