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HomeMy WebLinkAbout12 13 1977 CMCOUNCIL MEETING MINUTES 301 December 13, 1977 Minutes of the regular council meeting held in the city municipal building December 13, 1977. Present: Mayor John O. Cotant, Jr., attended from 9:20 p.m. until adjournment, Councilmen Boyd L. Fullmer, Dwain A. Kinghorn, Earl L. Romriell, Wayne G. Taylor, Engineer John Alder and City Clerk Vera C. Armstrong. Attorney Don Burnett excused. Chairman Earl Romriell called the meeting to order at 8:00 p.m. Chairman Romriell asked for corrections or additions to council meeting minutes o'F November 8, 10, and 15th. There being none, Councilman Fullmer moved to approve minutes of November 8, l0 and 15th. Councilman Taylor seconded motion with all councilmen approving. IDAHO STATE TRANSPROTATION DEPARTMENT - Andrew Nielsen, District engineer, Robert Harrison, Planner and Ryan B. Walz, Right-of-way agent, Idaho Transportation Department were present. Mr. Nielsen addressed council informing them that Mayor Cotant had requested a count be taken in regards to the need for lights at the Chubbuck Interstate Exchange. Mr. Nielsen said they were making a count at present and should have results ~r areport some time around the first of the month. Mr. Nielsen told council that in 1960 the State developed a landscaping project for the Chubbuck Interchange, but the city of Chubbuck did not approve for the maintenance at that time, however, Mr. Nielsen said times have changed and the project has not been taken out of their Interstate program so they decided to check with the city once more to find out if the city wanted to go ahead with an agreement at this time whereby the State Interstate fund would finance the landscaping and the city would then agree to do the maintenance thereafter. Chairman Romriell said the city was glad to have the opportunity to again consider this proposal. Mr. Nielsen said the city could have a month or so to give an answer and also informed council the plans could be changed if so desired. A set of plans was left with Engineer Alder for city to review. Ryan B. Walz, Right-of-way agent for the 1-15W-Yellowstone - Hiway Avenue Project left a proposal of payment and plans for acquisition of city property in regards to the project. Mr. Walz informed council the Idaho Transportation Department have come UP with a fair market value of $10,900 for land, improvements and damages on the parcels of property in the project owned by the city. Mr. Walz reported that things are going well on the acquisition of property for the project. Mr. Walz left the proposals and plans on acquisition of city property for council to study. NEW COLONIAL MOTEL DELINQUENT SEWER BILL - Mr. Arthur McOmber reviewed the letter he presented to the council some time ago in regards to the history of his not hooking onto the sewer line, reporting a contractor had informed him the city line was too low to serve him. City engineers, Forsgren, Perkins & Associates told him the line would serve him. Mr. McOmber was later told by some one from the city if he would go ahead and hook up to the sewer the city would stand behind the sewer line being able to serve him. However, he had it checked again by a contractor and was told the line would not service his motel so he did not install his line. 3O3 NEW COLONIAL MOTEL DELINQUENT SEWER - cont'd - Mr. McOmber told council that he had met with city Engineer John Alder this summer and determined the line would serve the motel, but not the basement part of his business. Mr. McOmber said he does not believe he should pay for service prior to the concrete being poured in the bottom of sewer manhole. Chairman Romriell told Mr. McOmber the sewer system did not have any way of knowing his line was so low and the city main sewer lines were not installed to serve the field drains of homes or to serve sewer pipes three feet below the floor line. Engineer Alder told council that it would have required relaying part of the main sewer line to have served Mr. McOmber's basement at the motel. Chairman Romriell told Mr. McOmber that an agreement was made in June towards the payment of the delinquent sewer charges and the council felt good about the agreement at that time. Mr. McOmber again said he felt the sewer line was not ready until the manhole was finished. Councilman Kinghorn read a letter from Mayor Cotant to Mr, McOmber instructing him to hook up to the sewer and the city would then make sure the manhole bottom would be poured. Councilman Fullmer proposed a settlement or a negotiation on a certain figure to settle this delinquent sewer charge. Councilman Fullmer said there should be no question on payment of monthly charge since sewer was installed in July. Councilman Fullmer asked Mr. McOmber what he would be willing to pay as a settlement of delinquent sewer charges to July 31, 1977. Mr. McOmber offered a settlement of $1500 to dispose of this sewer charge problem. After further discussion on a negotiated figure, Mr. McOmber was asked if he would agree to pay $1800 on his back sewer charges to July 31, 1977. Mr. McOmber said he would. Councilman Fullmer moved the city accept a check for $1800 on the delinquent sewer charges to July 31, 1977, and also to include in the check the monthly sewer charge of $138 for August, September, October and November. Total amount of check to be $2,352. Councilman Taylor seconded motion. Roll call vote: Fullmer, yes; Kinghorn, yes; Romriell, no; Taylor, yes. APPEAL OF PLANNING AND ZONING DECISION ON VARIANCE REQUEST - Irene Hall Gibbs, 426 E. Chubbuck Rd. has appealed the Planning and Zoning Commissions decision of denying a variance request to place a mobile home on her property. Several council members voiced their opinion that the Planning and Zoning commissions decision should be upheld. Mr. Gibbs told council that after the mobile home is placed on foundation it would not beamobile home, it is a double wide and looks like a conventional home. Mayor Cotant remarked to Mr. & Mrs. Gibbs that if the amount Mrs. Gibbs plans to spend on a mobile home and foundation were put into a conventional home the value would increase, wherein, he feels a mobile homes value would decrease. Mayor Cotant added that of course, this is her personal business. Council discussed the zone of the area and allowing placement of mobile homes in residential zones. Mrs. Gibbs said she would just like a nice home to live in. 3O5 APPEAL OF P & Z DECISION - cont'd - Councilman Romriell asked Mrs. Gibbs is she would keep all her land, she answered she did plan to keep her acreage. Mayor and council decided to table a decision on the appeal this evening and further review with the Planning and Zoning Commission. STREET SWEEPER - Mr. Yale Dick, Glen Dick Equipment Company, Boise, re- presenting the Mobile Street sweeper, was present and asked if the city had any question in regard to his street sweeper. Mayor Cotant told Mr. Dick that Attorney Burnett has informed the city the sweeper purchase would need to be bid if the city decides to buy one. Later in the evening Councilman Romriell made motion that the city make preparations to bid a street sweeper. Councilman Taylor seconded motion and voting was unanimous in favor. PRELIMINARY PLAT - PLANNED COMMUNITIES SUBDIVISION - Steve Smart, Forsgren, Perkins and Assoc. P. A. engineering firm and Roy Miller, Jr., developer, were present to represent the presentation of the preliminary plat. Engineer Smart said the idea of putting commercial along West Chubbuck Road was basically a concept of energy conservation. Councilman Romriell said he felt the city was too close to capacity to furnish sewer to this subdivision and also said he felt the city could be short of water in this area. Mr. Miller said they proposed a neighborhood commercial facility because this is the concept of modern city planning. Mayor Cotant asked about a certain architectural control in the commercial area. Mr. Miller said they would have no objection. Councilman Romriell questioned the air pollution at the location of this plat for residential development. Engineer Alder said he felt the design of the development was good and he felt the question might be, does the city want to approve development outside the city limits. Engineer Smart noted the plat shows a multiple family buffer zone between the commercial and single family dwellings. Mayor Cotant stated he would like to have time to review the plat with the Planning and Zoning Commission, since the P & Z Commission did not recommend approval of the plat. Councilman Taylor remarked he felt the plat was a good subdivision and as an outgoing councilman he felt the city should consider approving the plat. Mayor Cotant told Mr. Miller and Engineer Smart he thought it would be wise to hold the proposed zoning and annexation hearing so the city could receive input from the residents in the area in regards to the commercial aspect of the plat. Mr. Miller was in agreement with this proposal. CATERING PERMITS - Neely's Bar has applied for a catering permit to cater an event for the ISU Parks & Recreation Department on November 29, 1977 at the E1 Cielito. Mayor, council and police approved the permit by personal contact and this action need be ratified at this council meeting. Bill Kalivas, Press Box has also applied for a catering permit to cater an event for Dyke's Electric at the E1 Cielito on December 16, 1977. Mayor council and police have also approved this permit by personal contact and the action need be ratified at this council meeting. 307 CATERING PERMITS - cont'd - Councilman Romriell moved to ratify council approval of the afore-mentioned catering permits to Neely's Bar and the Press Box, Councilman Taylor seconded motion and all councilmen voted in favor. Bill Kalivas, Press Box has applied for a catering permit to cater an event for KSEI Radio at the E1 Cielito on December 17. Police Department have approved the permit. Councilman Kinghorn moved to approve the above mentioned catering permit to the Press Box. Councilman Romriell seconded motion and all councilmen voted in favor. RENEWAL OF LIQUOR, WINE AND BEER LICENSES - City ordinance requires council to approve renewal of liquor, wine and beer licenses before re-issuance. Police department have approved renewing all permits, Councilman Taylor moved to approve renewal of liquor, wine and beer licenses. Councilman Kinghorn seconded motion with an unanimous vote in favor. LIQUOR LICENSE TRANSFER AND LIQUOR LICENSE APPROVAL - S.L.B. Incorporated, have purchased Myrtle's Place and have requested the liquor and beer license transfer and issuance of 1978 liquor and beer license. Police Department have approved the transfer and issuance of 1978 license. Councilman Romriell moved the council approve the transfer and issuance of the 1978 liquor and beer license to S.L.B. Incorporated. Councilman Fullmer seconded motion and voting was unanimous in favor. CONTRACT FOR ENGINEERING SERVICES ON BURNSIDE LID#1 - Mayor Cotant said Attorney Burnett has not had the opportunity to review this contract so any action on same will be tabled until the engineer and attorney can review. FINANCIAL STATEMENT presented to mayor and council. CLAIMS TO BE PAID IN DECEMBER presented to mayor and council. After a thorough review, Councilman Kinghorn moved to approve payment of the December claims. Councilman Fullmer seconded motion and all councilmen voted in favor. AUDIT REPORT - Mr. Ray Carter of Ken V. Carter, Co., Inc. presented the report of the 1976 audit and briefly reviewed the financial condition of the various funds with the mayor and council. Mr. Carter recommended the council adjust the outstanding accounts on water, sewer and sanitation after 90 days, as chances of collecting from that time on is very slim. Mayor Cotant expressed his appreciation to Councilman Wayne Taylor as a member of the council the past eight years. The other councilmen also expressed their pleasure of serving on the council with Councilman Taylor. GENERAL 1. Councilman Romriell said he felt it imperative that the Planning and Zoning Commission understand their responsibilities in regards to research and background knowledge with variance and conditional use permit requests. 2. Councilman Romriell recommended Joe Chandler and Becky Hopkins as members of the Planning and Zoning Commission. 3. Councilman Romriell said he felt the council should get with Rodney Parrish in regards to his delinquent sewer charge and sewer hook-up. 4. Dead end sign on Lariat. 5. Center line street striping on East Chubbuck Rd. SEWER MANHOLE - EAST END OF CHUBBUCK RD. - Jack Menard was billed for this manhole installation at the time of the sewer project and has requested an adjustment in regards to this charge. After discussion on the matter, Councilman Romriell moved that Triangle Investment not be charged for the construction of the last sewer manhole on East Chubbuck Road as it should have been included in the sewer project. Councilman Kinghorn seconded the motion and all councilmen voted in favor. SEWER EASEMENT - Glen Perry, 575 Homestead Rd., requested a cash settlement instead of a sewer service line as agreed in his sewer easement to the city for the main sewer line. Mr. Perry presented two bids he has received to Mayor Cotant. The council requested Mayor Cotant to review and discuss the matter further with Mr. Perry. Councilman Taylor moved and Romriell seconded that meeting be adjourned. All in favor. '- (i/O'ohn O. Cotant, Jr., Mayor Vera C. Armstrong, City Cler!? 309