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HomeMy WebLinkAbout03 11 1980 CMCOUNCIL MEETING MINUTES 39 March ll, 1980 Minutes of the regular council meeting held in the city municipal building March 11, 1980. Present: Mayor John O. Cotant, Jr., Councilmembers Becky A. Hopkins, Dwain A. Kinghorn, LeRoy S. Quick, Earl L. Romriell, Attorney Donald L. Burnett, Jr., Engineer Steven M. Smart and City Clerk Vera C. Armstrong. Meeting called to order by Mayor Cotant at 8:00 p.m. Mayor Cotant asked for any corrections or additions to minutes of February 26 and March 4 meetings. Councilman Romreill noted that a vote on the motion to go into executive session was not entered on page 33 of February 26 minutes. With no other corrections, Councilman Romriell moved to approve minutes of February 26 with the correction as to the vote on motion to go into executive session and also to approve minutes of March 4 meeting. Councilman Quick seconded motion with an unanimous vote in favor. GENERAL BUSINESS: 1. SIGNS - Mr. Joe E. Williams with Cosgriff Advertising was present. A short discussion was held concerning regulations for signs. City to study further. 2. Repair of city compressor. Engineer Smart instructed to gather in- formation on alternate repairs. 3. Drafting needs - Engineer Smart told mayor and council of city's need to get the utilities within the city streets and easements on drawings and suggested hiring part time drafting personnel to do this job. Mayor and council were in favor of hiring a drafting student to do this work. 4. Water line on Whitaker Road and Hiway Avenue, a 12 inch proposed line for Whitaker Road and 10 inch on Hiway Avenue. REVISED AGREEMENT ON RAILROAD CROSSING PROJECT - Engineer Smart explained the basic changes are from a state project to a city project. Attorney Burnett to review the revised agreement. PRE-ANNEXATION AGREEMENT between the City of Chubbuck and the American Heritage Builders, Inc. was read in full by Mayor Cotant. Attorney Burnett asked that a statement of understanding with both parties of the agreement present be entered into the minutes, statement being that this pre-annexation agreement is executed with the contemplation that the entire $100,000.00 will be paid no later that December 31, 1984, regardless of any contingency*desira61ethat miqht slow down or stop the project.,~o~ Mayor Cotant asked if it were-~e~e~my for developers to submit a bond ~r!~?~_~it~w~l!.rece~ve ~ayment a~ provided ~n the agreement. *Attorney u ne~ ~m~; ~na~ ;ne SuDjec~ was no ~onger ;ime~y. Attorney Burnett recommended the following sentence be added to agreement; // "to provide that the officers who sign on behalf of the developer also bind'~ themselves individually the obligation of this t~_corpor~t?on". *agreement *Correction 41 PRE-ANNEXATION AGREEMENT continued - After further discussion, Councilwoman Hopkins moved to authorize mayor to enter into the pre-annexation agreement with American Heritage Builders, Inc. with the following addition; "that the officers signing on behalf of developer also hereby bind themselves individually to the obligations imposed by this agreement. Councilman Romreill seconded. All councilmembers voted in favor. PUBLIC HEARING - ZONING AND ANNEXATION OF PROPERTY OF AMERICAN HERITAGE BUILDERS, INC. Mayor opened the hearing concerning the annexation and zoning of approximately 49 acres to be developed by the American Heritage Builders, Inc. Property lies just west of Alturas Park Subdivision. Councilman Kinghorn moved to approve the zoning of Limited Residential (R-l) and General Residential (R-2) as provided in the Comprehensive Plan and also to approve annexation of the property as described in the hearing notice to be developed by American Heritage Builders~ Inc. Councilwoman Hopkins seconded motion. All councilmembers voted in favor of motion. LIQUOR CATERING PERMIT - Phyllis Kalivas, Press Box, has applied for a liquor catering permit for a private party at the E1 Cielito, March 21, 1980. Councilwoman Hopkins questioned if city could require the parties holding functions to provide a police officer to keep order for traffic during functions. *should research whether it Attorney Burnett told council the cityAcould possibly require a permit fee that would financially provide for additional police coverage. Mayor Cotant asked Attorney Burnett to prepare an ordinance that would allow the city to provide for this additional protection. Councilman Kinghorn moved to approve the issuance of a liquor catering permit to the Press Box for a private party to be held March 21 at the E1Cielito. Councilman Quick seconded motion with an unanimous vote in favor. RESOLUTION 2-80 - clarifying the intent of Resolution 1-80, adopted January 10, 1980 which imposed a moratorium on permits for production dwellings (mobile homes) pending further study of proper planning of such dwellings. Resolution #2-80 will allow the permit application for the replacement of one production dwelling by another. Resolution #2-80 was read in full by Mayor Cotant. Councilman Kinghorn moved to pass Resolution #2-80, Councilman Quick seconded motion. Roll call vote: Hopkins, yes; Kinghorn, yes; Quick, yes, Romriell, Yes. CLAIMS TO BE PAID IN MARCH presented to mayor and council. Council reviewed claims and purchase order procedures. Suggestion made that city plan purchases and also purchase from wholesale distributors when possible. Councilman Romreill moved to approve all claims as presented. Councilwoman Hopkins seconded motion, all councilmembers voted in favor. *Addition 43 RECONSIDERATION OF APPROVAL OF MINUTE~. Councilman Romriell moved to reconsider approval of February 26 minutes. Councilman Quick seconded motion with an unanimous vote in favor. Councilman Romriell moved to amend the minutes of February 26, page 33, to read "the council deliberated concerning acquisition of an interest in real property not owned by a public agency during the executive session" instead of "possible exchange of property". Councilman Quick seconded motion. All councilmembers voted in favor. FORT HALL IRRIGATION CLAIM - Attorney Burnett has prepared a notice of claim against the Bureau of Indian Affairs to repair the right-of-way, roadbed and pavement of those portions of Hawthorne Road damaged by the Fort Hall Irrigation Company. Council reviewed same. Bannock County maintains a portion of Hawthorne Road from Stuart Avenue to Siphon Road. Attorney Burnett to contact Bannock County concerning either joining in the claim or making a claim on their own. GENERAL DISCUSSIONS: 1. Insurance on County fire truck, clerk to make sure city has coverage. 2. Impact area - Mayor Cotant to contact Mayor Horrocks concerning the impact area. PUBLIC HEARING ON LAND USE AMENDMENTS - continued from last council meeting. Mayor Cotant opened the hearing on the Land Use Amendments. Councilman Quick moved to continue the public hearing on Tuesday, March 18, 1980 at 8:00 P.M. Councilman Kinghorn seconded motion with all council- members voting in favor. Councilman Romriell moved, Quick seconded, with full council approval that meeting adjourn until March 18, 1980 at 8:00 P.M. Vera C. Armstrong, City Cle~l<J