HomeMy WebLinkAbout08 08 1978 CMCOUNCIL MEETING MINUTES
August 8, 1978
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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.
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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.
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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.
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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~