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Home My WebLink About11 27 1979 CMCITY COUNCIL MINUTES 213 November 27, 1979 Minutes of the regular council meeting held in the city municipal building, November 27, 1979. Present: Mayor John 0. Cotant, Jr., Councilmen Boyd L. Fullmer, Dwain A. Kinghorn, LeRoy S. Quick, Earl L. Romriell, Attorney Donald L. Burnett, Jr., Engineer Steven M. Samrt and City Clerk Vera C. Armstrong. Meeting called to order at 8:07 p.m. by Mayor Cotant. Mayor Cotant asked for corrections or additions to minutes of November 13, and November 20. Attorney Burnett asked for the following changes to be made to the November 13 minutes. Under heading SENIOR CITIZEN CENTER, page 201, 1st paragraph, last sentence to read, "Mr. Doss said the city might be able to help apply for and secure a federal grant to develop a senior sitizen center, as opposed to a community center of the type available in Pocatello." 4th paragraph to read, "Attorney Burnett asked Mr. Doss if federal funding through the City of Pocatello already had strings attached, requiring that the facility be a community center, wouldn't any funding procured by Chubbuck be subject to the same restrictions ? ", 5th paragraph, 3rd line to read, "citizens would have greater control and use of building in Chubbuck." Under heading PUBLIC HEARING - Conditional Use Permit - Joseph R. and Jo Ann Osier, page 203, 10th paragraph, delete word "mobile" and substitute "production dwelling ", 11th paragraph, 4th line to read "ordinance, develop specific standards for mobile home courts, and establish areas where mobile homes can be permitted; page 205, 5th line to read "cause the city to lose the opportunity of setting certain standards." Under heading HERITAGE WEST SUBDIVISION PRELIMINARY PLAT, next to last paragraph, 2nd line, change to "precise" instead of'�reciseness on ", third line in same paragraph to read "to park and cash dedications and well or cash donations to be made as consideration of." Attorney Burnett also requested the following additions to November minutes, under heading CITY SHOP BUILDING, page 209, 2nd paragraph, line three, add after words "all bids and" the words "decide whether to." Under heading HERITAGE WEST SUBDIVISION, page 211, 3rd paragraph, add at end of paragraph "or other consideration for annexation." Councilman Fullmer noted that correction should be made to November 13 minutes, page 203, 3rd paragraph should be Merlin Fullmer instead of Randy Fullmer. Councilman Quick moved to approve minutes of November 13 and November 20 as corrected. Councilman Kinghorn seconded motion, with all councilmen approving. POCATELLO VALLEY FIRE DISTRICT - Leonard Kovet, Gerald Pearson and Emmett Diller represented the Pocatello Valley Fire District. Mr. Kovet told mayor and council they were present to discuss city of Chubbuck providing some interim fire protection until they become able to provide their own fire protection. Mr. Kovet explained that they will not receive any funding through the fire district until 1981. Councilman Fullmer mentioned that because of the distance from Chubbuck the response time would be a disadvantage, and although the city would like to make an effort to cooperate, it would be to the best interest of city to have an agreement with funding at the front end of the service contract period. 215 POCATELLO VALLEY FIRE DISTRICT - cont'd- Councilman Kinghorn stated that if city contracts for additional fire protection services, the city would need more fire equipment, that perhaps city could provide some assistance through the winter months but would possibly have trouble during summer brush fire period. Mr. Kovet said they hoped to have their own protection in operation by the time brush fires started. Mayor Cotant explained the method of answering fire calls, which requires additional men and equipment for outside city limit calls. Attorney Burnett reminded the council that the city is not fiscally able to make a committment until the city receives a resolution from county to appropriate funds for the Northern Bannock County Fire District. Attorney Burnett further explained that the commissioners are waiting for an Attorney General's opinion as to whether the county can fund fire districts as being unprotected areas. Mayor Cotant told the Pocatello Valley Fire District Commissioners that the city will need to receive information from the Attorney General's opinion prior to being able to make any decision in their request. CONTRACT ON CODIFICATION OF ORDINANCES - Attorney Burnett, mayor and council discussed how many codification books to order and also what size sheets to have the code printed on. Attorney Burnett to inquire further as to the availability and cost of certain ordinances to be printed separately, e.g. criminal code, land use. HERITAGE WEST SUBDIVISION PRELIMINARY PLAT - proposed by American Heritage Builders, Inc. Vic Watson, JUB Engineers, Howard Gibson, Gary Gibson, Tom Birch, and Sam Briscoe were present. Sam Briscoe, developer, proposed to pay city $400 per lot on approximately 190 lots as a total fee committment as a condition of annexation and cash in lieu of park ground. Attorney Burnett told council it would not create a problem for city to accept such a fee, but city records should show that the amount was imposed as cash in lieu of park ground and also as a provision of water for subdivision. Mayor and council discussed a location for the well, including the possibility of the well being placed on the Franklin Briscoe property off Hiline Road. Mayor and council voiced an unanimous opinion that the well should be in the proposed Heritage West Subdivision. Councilman Fullmer said in reviewing the preliminary plat and annexation, that American Heritage Builders, Inc. wants annexation and this annexation is going to create an impact upon the city system and whatever amount that city requires as a consideration for annexation should be used for capital improvements where the subdivision development has placed the stress, and not for any other use. 217 HERITAGE WEST SUBDIVISION PRELIMINARY PLAT - cont'd - Howard Gibson asked council if they would consider a change in the zone of their property and also a waiver of the sideyard requirement. It was pointed out that public hearings would need to be held to amend the comprehensive plan for a zone change and hearings to amend the Land use Ordinance to accomplish the zone change and sideyard change. Mr. Gibson said they were not so concerned with the Residential - 1 zone as they were with the side yard requirement. Several councilmen voiced a willingness to consider amending total sideyard requirement. The Land Use and Land Develo Comm i�i n p T j� consider these changes when they meet December 6th. Councilman Romreill moved to approve the Heritage West Subdivision preliminary plat upon conditions that the plat be revised to reflect the city engineer's " marked up" changes, that a lot to be selected by the city be dedicated to the city as a site for a well, and that the developer pay the city the sum of $100,000 as consideration to be set forth in a pre- annexation agreement. Said amount to be paid at the rate of $540 per lot sold, at the time of closing on each lot, but the total in any event to be paid no later than December 31, 1984. Such payment shall satisfy the developer's requirement to dedicate a park or to make a cash contribution in lieu thereof and shall assist the city in defraying the expense of capital outlay for a well and /or other facilities, associated with bringing the development into the city and furnishing municipal services to it. No additional charges for water system capital improvements shall be imposed with respect to this development. Councilman Fullmer seconded motion. All councilmen voted in favor of motion. PURCHASE OF SANDER - Engineer Smart informed mayor and council that the street sander had broke down last Friday and the city has not been able to secure parts to repair the sander. The roads have been extremely slick and several accidents have resulted including two cars that have gone into the Siphon Canal. Engineer Smart further explained that a new chain would be three weeks in delivery. Mayor and council discussed the purchase of a new sander to alleviate the emergency of having a sander broke down for such a period of time in winter weather and to be able to take care of the present situation. Councilman Romriell moved that, inview of the foregoing considerations, the city council does hereby resolve that the existence of a public calamity under Idaho Code Section 50 -342 (L) is declared; and it is further declared that immediate expenditure of public money, to acquire a sanding machine, is demanded by the public interest and necessity in order to safequard life, health and property. Councilman Quick seconded motion, with an unanimous vote in favor. Councilman Fullmer moved to approve the placing of an order immediately with Starline Equipment of Boise, Idaho, to purchase a Fox brand sanding machine for the sum of $5,265.00, plus any shipping or incidental charges. Councilman Kinghorn seconded motion, all councilmen voted in favor. COUNCIL MEETING - Councilman Quick made motion to cancel the second regular council meeting scheduled for December 25. Councilman Romriell seconded motion with an unanimous vote in favor or motion. Councilman Kinghorn moved, Fullmer seconded, with full council approval. that meeting adjourn at 11:30 p.m. John 0. Cotant, Jr., Mayer r Vera C. Armstrong, City Clerk // Name of Applicant: American Heritage Builders, Inc. Preliminary plat for Heritage West Subdivision CITY OF CHUBBUCK ACTION SUMMARY BY THE CITY COUNCIL: A. Nature of Action: B. Action taken: On Appeal Original Review Application approved Application denied X Application approved on fol- Plat be revised to reflect the city engineer's "marked up" changes lowing condition(s) : that a lot to be cit e city as a site for a well, and that the developer pay the city the sum of $100,000 as consideration to be set forth in a pre- annexation agreement. Said amount to be paid at the rate of S540 Per lo t sold, at the time of— closing on each lot, but the total in any event to be paid no later than December 31,1934 Such payment shall satisfy the developer's requirement to dedicate a park or to-make a ca-sh contribution in lieu thereot and shall assist the city in defraying the expense of capital outlay for a well and /or other facilities, associated with bringing the development into the city (cont'd below) The following ordinances and standards we e used i evaluating the application: The above motion is taken for the following reasons :G�� /7��r�� "i z- The applicant could take the following; actions to obtain favorable action by the Council: (continued from above) and furnishing municipal services to it. No additional charges for water system capital improvements shall be imposed with respect to this development. November 27, 1979 Date CHUBBUCK CITY COUNCIL: By yor Presiding; Officer