HomeMy WebLinkAbout11 14 1978 CMCITY COUNCIL MEETING
November 14, 1978
175
Minutes of the regular council meeting held in the city municipal building
November 14, 1978.
Present: Mayor John O. Cotant, Jr., Councilmen Boyd L. Fullmer, Dwain A.
Kinghorn, LeRoy S. Quick, Earl L. Romriell, Attorney Donald L. Burnett,
Engineer Steven M. Smart and Clerk Vera C. Armstrong
Mayor Cotant asked for any corrections or additions to minutes of October 24.
There being none, Councilman Quick moved that minutes of October 24 be
approved as written. Councilman Fullmer seconded motion with an unanimous
vote in favor.
AUCTION OF CITY PROPERTIES - Mayor Cotant explained to those present that
the city ~s in need of larger municipal facilities and that the purpose
of sale of city properties is the probability of generating enough
revenue to build a new city complex. The city has been offered
approximately five acres to build a new city complex on. In regards to
the sale of the city properties, Mayor Cotant explained that the city
would not be in the position to make a decision for some time after
the bidding, that the city will need time to study the amount of money
the bidding generates and then study the cost to city to replace the
facilities needed. This time element shoud be approximately 60 days.
Attorney Burnett advised that this is an auction sale in which the seller
takes what's called a reservation, reservation is the right not to
sell the property and all bidders who submit bids submit them with the
understanding, expressly, that the city is not compelled to decide the
highest and best bid tonight but may take such bids as are presented and
hold them under consideration until the time frame outlined by the mayor
has allowed the city a sufficient opportunity to decide which are the
best bids. Any person who insists or wishes to limit his bid to one
which can only be accepted tonight or which can only be accepted in any
given time frame would have to so specify with his bid and specify the
time frame. Otherwise, the city will take the bid, will not conclude the
sale but will conclude the bidding and will notify the bidders and the
appropriate time in public, and all bids will be deliberated.
Attorney Burnett also explained that the statute that governs sale of
real property by municipalities allows the city to take bids on terms and
it would be up to the buyer to specify the terms, the duration of contract,
interest rate, nature of security, if any, which the buyer wishes the
seller to provide and the term during which the city could-~c~upy~the~property
prior to the whole payment of the purchase price.
Mayor Cotant called for bids on the following: PARCEL # 3, Commonly
known as 4545 Yellowstone Avenue and particularly described as the South
half of the North half of the North half of the Southeast quarter of the
Northwest quarter of Section 10, Township 6 South, Range 34, East of
the Boise Meridian. No market value is allocated to the northerly twenty
five (25) by twelve hundred ninety (1290) feet, because it is contemplated
to become a public right of way. The appraised values constitutes the
minimum acceptable bid. This parcel has been offered in its entirety
or in portions corresponding to appraisal allocations whichever is deemed
more beneficial to the city.
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a) $30,000 appraisal allocated to the easterly three hundred (300)
feet of the south one hunderd forty and one-quarter (140.25) feet of
the property.
Mayor Cotant a~ked for bids on the above portion of 4545 Yellowstone.
Don Andra of Don's Chubbuck Tire offered the first bid of $30,000.
Parrish Company entered the bidding also, with Parrish Company offering
the highest bid of $66,000.
Rodney Parrish stated this would be a cash bid from Parrish Company.
PARCEL # 3 b) #32,000 appraisal allocated to the westerly nine hundred
eighty nine and nine-tenths (989.9~ feet, more or less, of the south
one hundred forty and twenty-seven one-hundredths (140.27) feet, more
or less, of the property.
Mayor Cotant asked for bids on the above portion of 4545 Yellowstone.
Land Investments, Inc. offered the only and highest bid of #32,000
and sta%ed that this would be a cash bid.
PARCEL # 3 c) 4545 Yellowstone parcel of approximately five acres in its
entirety.
Mayor Cotant asked for bids on the entire parcel of 4545 Yellowstone.
Land INvestments, Inc. and Parrish Company offered the only and highest
bid of $98,000 for the entire parcel, terms being cash.
PARCEL #1, Lot 11, Highway Acres Subdivision, as the same appears on the
official plat thereof recorded in the office of the Bannock County
Recorder and appraised at $110,000.
Mayor Cotant asked for bids on Lot 11, Highway Acres Subdivision.
Land Investments, Inc. offered the~only~and highest bid of'$110,O00~
Parrishes stated terms as follows; 10% down payment with city retaining
posession for the amount of time they desire not to exceed 5 years, at
which time balance will be due within 90 days of posession, and that
city would have use of property for payment only of taxes, maintenance
and upkeep, with reasonable wear and tear by city. No finance or interest
on deferred payment.
PARCEL # 2, Lot 13, Highway Acres (136 Hiway Avenue), Appraisal is $26,000,
City purchase price was $29,800.
Mayor Cotant asked for cash bids, there being none, Mayor Cotant asked
for contract bids.
Land INvestments, Inc. offered an opening bid of $29,000., Don Andra, Don's
Chubbuck Tire entered the bidding with the last and highest bid being $35,000
by Land Investments, Inc.
Max Parrish asked the terms of purchase the city has. Attorney Burnett told
him the city has a lease purchase agreement , have paid $8400 down, with
three more yearly payments due.
Land Investments, Inc. stated terms as follows; l) same terms as offered
at 5160 Yellowstone, Lot ll, Highway Acres, or 2) at city's discretion to
take whatever cash payment would restore the city's equity and assume the
terms of the existing contract.
Mayor Cotant thanked everyone for being present and bidding on the properties
and the city will take the bids under consideration.
1Z9
BARBED WIRE FENCE COMPLAINT - Linda Gustafson, 5140 Pleasant View, and
Nancy Graham, 5154 Pleasant View Drive, asked city council if there
was anything the city council ~ould do ...... .........
about a farmer installing barbed wire fence, which abutts the rear of
their lots on Pleasant View Drive. Mrs. Gustafson and Mrs. Graham also
opposed the idea of cattle bordering their property. They said they
realized the city did not have an ordinance prohibiting barbed wire
fences, but that Pocatello does and said perhaps the city should
consider adopting the same.
Mayor Cotant told Mrs. Gustafson and Mrs. Graham that the city would
take their suggestion of drawing up an ordinance prohibiting barbed
wire fence in residential areas of city under consideration.
CHILTON SUBDIVISION FINAL PLAT - LaMar Armstrong presented his final plat.
The main road has been chipped and sealed and approved by the county.
Engineer Smart informed council that the final plat was now in order
with the addition of the sanitary restriction, the tie to a second
corner, and corrections of bearings in some courses.
Councilman Kinghorn moved the city approve the Chilton Subdivision final
plat. Councilman Quick seconded motion with all councilmen voting in
favor.
NORTHSIDE PLAZA INDUSTRIAL PLAT - Glen H. Marshall, developer and John Alder,
engineer ~vith Northwestern Engineering firm presented the preliminary plat.
Engineer Smart informed council that additions as to proposed water and
sewer lines have been made to plat since the Planning and Zoning meeting.
Engineer Smart also said main water and sewer lines need to be coordinated
with the study now being made for city by Hamilton and Voeller.
Mayor Cotant and council asked if the plan should not allow the extra
footage required to widen Yellowstone Avenue to 80 ft. width in the
future. A 50 ft. frontage road is planned along Yellowstone Highway
within the subdivision so the ground will be available when the state plans
to widen Yellowstone Highway, the council was told by Mr. Marshall.
Mr. Marshall told council he has agreed to allow frontage along Siphon
Road for the development of a future collector street of 80 ft. width.
Engineer Smart recommended that 14" water lines be installed in Siphon Rd.
Councilman Kinghorn moved to approve the Northside Plaza preliminary plat
as amended to show a) 80 ft. right of way along Siphon Road b) Fourteen
inch water line from Yellowstone Highway to the Railroads track in Siphon
Road, eight inch water line in frontage road within the plat and ten inch
water line in main street within the subdivision c) presentation of
restrictive covenants to assure setback of structures along Yellowstone
Highway sufficient to comply with State standards and the City's land
development ordinance. Councilman Quick seconded motion. Roll call
vote: Fullmer, yes; Romriell, no; Kinghorn, yes; Quick, yes.
RESOLUTION 12-78 - Resolution and construction agreement to allow the State
to administer the Chubbuck Road Railroad Crossing was read in full by Attorney
Burnett.
Attorney Burnett is to check out the maintenance of the crossing arms and
lights after completion of construction. Matter tabled until next council
meeting.
181
AMENDMENT TO BICENTENNIAL PARK GRANT to fund construction of vandal proof
restrooms at Stuart Park.. Mayor and Council discussed the possibility of
applying for a grant amendment for the above purpose and decided to wait
until the restrooms are complete at the Bicentennial park before making
a decision.
ORDINANCE #194 - Annexing certain lands knows as "Northside Plaza" and
annexing certain other lands known as the "Dell Road Area", and specifying
zoning classifications, was read in full by Attorney Burnett.
Councilman Fullmer moved to amend Section 4 of Ordinance #194 to read.
"That this ordinance shall become effective upon its passage, approval
and publication as provided by law. Councilman Romriell seconded motion
with full council approval.
The reading of this ordinance was accepted as the first full reading
and the ordinance may be read by title only during the next two council
meetings.
ORDINANCE #195 - providing new rates for water, sewer and sanitation service
was read in full by Attorney Burnett. Council discussed altering some of
the rates within the ordinance, further study to be done on ordinance.
~6~I&L ~A~ENT prese~ ~aDd council., ~
LAi~ /U ~ ~A~D IN NOVE~u~K ~K~N/bU tO mayor an~ counci~ After ~eviewing,
Councilman Romriell moved to approve the claims and that ~ letter De
sent to Dennis Jones informing him again of purchasing procedures and
that he be asked to comply. Councilman Quick seconded motion, all
councilmen voted in favor.
Councilman Quick moved, K~!nghorn seconded with all c~uncilmen approving
that meeting adjourn at 12:00 midnite.
,bx John O. Cotant, Jr., ~yor
Vera C. Armstrong, City CI~[~