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HomeMy WebLinkAbout08 08 1978 CMCOUNCIL MEETING MINUTES August 8, 1978 ll7 Minutes of the regular council meeting held in the city municipal building August 8, 1978. Present: Mayor John O. Cotant, Jr., Councilmen Boyd L. Fullmer, Dwain A. Kinghorn, LeRoy S. Quick, Earl L. Romriell, Attorney Donald L. Burnett, Jr., Engineer Steven M. Smart and ClerkVera C. Armstrong. Meeting called to order at 8:30 p.m. by Mayor Cotant, meeting commenced at 8:30 p.m. because of general election being held at municipal building. Mayor Cotant asked for corrections or additions to the July 25 minutes. Councilman Kinghorn moved that the minutes of July 25 be approved as written. Councilman Quick seconded motion with an unanimous vote in favor. COMPLAINT CONCERNING IMPROVEMENTS TO WHITAKER ROAD between Chickadee Street and Briarwood Mobile Home Park. Mr. and Mrs. Verl Miles, Mr. Kelly O'Neil and Craig Taylor were present and presented a petition to the city requesting the city require that the portion of Whitaker Road lying between Chickadee Street and Briarwood Mobile HOme Park be paved. This portion of unfinished street creates a dust and safety problem. Mayor Cotant asked Attorney Burnett what steps the city could take to assure the development of this portion of street which lies within the Mobile Manor 2nd Addition subdivision. Attorney Burnett informed council that the ordinance provides that utility services can be turned off. After some discussion concerning the problem, Attorney Burnett said he would correspond with Mobile Manor Inc. and Briarwood Mobile Court owners concerning the development problems of both developers. Mayor Cotant asked Engineer Smart to provide the necessary information for Attorney Burnett to follow up on this item. DE-ANNEXATION REQUEST OF TERTELING LAND COMPANY PROPERTY. A letter of request for de-annexation and a legal description of this 47 acres of property has been received by the city. Attorney Burnett informed the council that this property was in the city impact area and by excluding this piece of property, it would open the possibility of reconsidering the entire impact area which lies east of the interstate, and if the city should exclude the property then the city should hold requisite hearings and possibly amend the comprehensive plan of area which lies east of the interstate. Bob Hart attended the meeting later in the evening and informed council that they own approximately 20 to 30 acres south of the Terteling property and they are very much concerned about Poc~tello hopping over their property to annex the Terteling property if Chubbuck city excludes this property. Mr. Hart also made the statement that they would prefer not being annexed by Pocatello. Mayor Cotant requested that Engineer Smart contact Pocatello City and Terteling Land Company concerning the proposed development and proposed zoning of the Terteling Land Company property. Request was tabled until further information can be obtained concerning the matter. 119 RESOLUTION #4-78 - Authorizing payment of claims in connection with the city water system improvement project and transfer of funds from the Waterworks Fund to the Water Revenue Bond Construction and Acquisition Account with the payments to the following creditors: Empire Construction =$717.00; Con-Seal Inc.=$3,289.00; Forsgren, Perkins & Associates=S2,615.79. Resolution was read in full by Mayor Cotant. Councilman Romriell moved to approve Resolution #4-78, Councilman Fullmer seconded motion. Roll call vote: Fullmer, yes; Kinghorn, yes; Quick, yes' Romriell, yes. ' MERRELL SUBDIVISION - BUILDING PERMIT REQUEST - Keith Merrell has presented a pre-liminary plat to the Planning and Zoning Commission, the plat was tabled because of problems of dedication of street and waiver requests for street development. Mr. Merrell would like to build a home on property he owns which borders Tree Valley Road and lies approximately 600 feet north of East Chubbuck Road. Attorney Burnett reminded council that the dedication of a street creates a subdivision, that the plat could be approved and developed in phases. Mr. Merrell has proposed putting up a $10,000.00 bond plus 10% or $1,100.00 bond for future improvements and also requested the sewer be installed at the present out of the bond amount so he could use the sewer as soon as the home is built. Attorney Burnett said city should create a mechanism that is binding on whoever owns the bordering properties. Possibilities mentioned by Attorney Burnett was to establish an agreement with landowners that certain im- provements be made, or that money be put in escrow with interest going into fund as a hedge against inflation, that the agreement or bond be a lien against the property and bind other property owners that certain improvements be made prior to them ever receiving building permits. Attorney Burnett told council that it might be legally possible to extend consideration to Mr. Merrell by requiring inground improvements be made now or through an escrow impoundment of funds for future development. Attorney Burnett reminded the Mayor and Council that the city is likely to encounter a number of requests for similar accomodations, so as a matter of policy the city is in a troubled area but as a matter of law the city is in an area where the city could probably craft some mechanism for whatever decision is made. Attorney Burnett told council that the mere fact the city might create a precedence, the city still might have to say no and run the risk that someone might want to litigate or put a lot of pressure on the city. Attorney reminded council that the subdivision ordinance requires the street be developed or bond for street improvements, problem with the bond concept is that it is good for a specified period of time and after the building is complete, how can city Compel the bond be continually renewed. Attorney Burnett told council that there might be some question if city is in conflict with subdivision ordinance in denying a building permit since Mr. Merrell has presented a subdivision plat and has offered to put up the llO % bond for improvements. Councilman Fullmer said he felt there was enough development interests that the solution could be to impose a Local Improvement District. 121 MERRELl SUBDIVISION - BUILDING PERMZT REQUEST cont'd - A lengthy discussion followed on the possibilities of an imposed Local Improvement District. Attorney Burnett suggested city send a letter to each property owner informing them that city is considering imposing a Local Improvement District, and those involved would then be able to make comments. All council members and mayor favored notifying owners that city is considering imposing an L.I.D. Mr. Merrell was disturbed that this procedure might hold up a building permit for several months. Mr. Merrell left meeting with comment that city can forget the Local Improvement District because he cannot wait any longer and he will fight a Local Improvement District and city at this time. DEDICATION OF EVANS LANE - Mayor and Council met with Mr. Dale Orth recently and a tentative decision concerning the dedication of Evans Lane was made. Attorney Burnett advised council that an instrument be drawn up conveying Mr. Orth's interest of certain lands to the buyers(Mr. Howell and Mr. Herbert). Attorney also advised that city needs assurance that Mr. Dale Orth has clear title. Then the new buyers (Mr. Orth and Mr. Herber~dedicate their interest in the land to city for public street. Councilman Kinghorn moved that Attorney Burnett obtain a preliminary title report on Evans Lane property owned by Mr. Dale Orth (at city expense) and then if there are no problems revealed by the report, to prepare the instruments by which Mr. Orth's interest in property is transferred to the third party buyers and by which the third party buyers will dedicate same to the city. Councilman Quick seconded motion with an unanimous vote in favor. TRANSFER OF FUNDS - Sanitation Equipment and Maintenance Fund is deplete and funds need to be transferred to the fund from 433.90 Other Governmental Administration. Councilman Romriell moved that a transfer of $5,000.00 be made from the 4$3.90-Sanitation - Other Governmental Administration to 433.9 - Sanitation Equipment and Maintenance Fund. Councilman Fullmer seconded motion with an unanimous vote in favor. FINANCIAL STATEMENT PRESENTED to mayor and council. CLAIMS TO BE PAID IN AUGUST PRESENTED to mayor and council. The prisoners care claim was questioned. Attorney Burnett suggested he inquire concerning a joint service agreement with the County and the Fort Hall Agency, Claim from Dyke's Electric to repair the fire department's fan that was burned out making water tank repairs was discussed, Engineer Smart suggested city make an effort to recoup the charges for the fan repairs. After further review of claims, Councilman Quick made motion to pay all the bills with the exception of the Fullmer-Miller INsurance Agency claim. Councilman Kinghorn seconded motion with all councilmen voting in favor. Councilman Romriell moved to pay the Fullmer-Miller Insurance Agency claim, Councilman Quick seconded motion and all councilmen approved with the exception of Councilman Fullmer who abstained from voting because of personal interest in the claim. 123 GENERAL DISCUSSIONS: 1. Sewer flusher 2. Backhoe operator 3. Clark Neeser's injury 4. Claim on damaged street sweeper, Attorney Burnett to correspond with insurance adjuster concerning this claim. 5. Water puddling on Sawtooth and Victor, Councilman Fullmer reported on these two puddling areas and said the bacteria growth was real bad. 6. Report on liability and general insurance coverage with Kruse Insurance and the new proposal from Consolidated Agencies, Inc. was made by Councilman Fullmer. PNRC GRANT FOR WATER AND SEWER STUDY - Mayor and council has met and reviewed the proposals from the engineering firms on the water and sewer study the grant will pay for. Councilman Fullmer moved to accept the Hamilton, Voeller and Associates proposal for the water and sewer studs. C~uncilman Quick seconded motion with all councilmen voting in favor. PUBLIC HEARING - Mayor Cotant opened the public hearing on the adoption of the Land Use Ordinance and Land Development Ordinance. In light of the hour being midnight, Councilman Quick moved to recess the hearing until 8:00 p.m. August 15, 1978. Councilman Kinghorn seconded motion with an unanimous vote in favor. Councilman Quick moved, Kinghorn seconded, with full council approval that meeting recess at 12:05 a.m. until August 15, at 8:00 p.m. n O. Cotant, Jr., Vera C. Armstrong, City Clerk~