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HomeMy WebLinkAbout12 12 1978 CM COUNCIL MEETING MINUTES December 12, 1978 Minutes of the regular council meeting held in the city municipal building December 12, 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 Clerk Vera C. Armstrong. Mayor Cotant called the meeting to order at 8:00 p.m. Mayor Cotant asked for any corrections or additions to minutes of November 28 council meeting. There being none, Councilman Romriell moved to approve the minutes of November 28 as written. Councilman Kinghorn seconded motion and all councilmen voted in favor. ANNEXATION ORDINANCE # 194 - Annexing certain land known as "Northside Plaza" and annexing certain other lands known as the "Dell Road Area" The city Planning and Zoning Commission and City Council have both held hearings on the annexation. The ordinance has been read at the two previous council meetings. The council has sent a letter to all property owners informing them that they are considering the ordinance this evening. Many property owners were in attendance and the following are some of their concerns. Marcia Wafford, Homestead Rd., asked if city annexes their area, if they would be required to hook up to the water and sewer. Mayor Cotant told her they would not be required to hook up to these utilities immediately. James Walton, Hawthorne Rd., told council he understood from the hearing in March that the city was not planning to annex any of the farming property which lies north of the Dell Road area. Leland Dial, Dell Road, said he understood the city has police jurisdiction on Dell Road. Attorney Burnett explained the procedure df police protection in county and city, that they do have a verbal reciprocal agreement to assist each other with some cross deputization. George Bartschi, Homestead Rd., asked if fire insurance costs would be affected by annexation. Councilman Fullmer said it depends on the Company, type of fire protection available, value and construction of home. Ferrin Harker, Hawthorne Rd., asked if restrictive covenants would still be applicable. Mayor told him that their restrictive covenants would still be applicable unless the city ordinances were more restrictive and in that case the city would enforce the city ordinances. Ray England, Hawthorne Rd., told mayor and council that they are not interested in developing their property and asked not to be annexed, as their ground was primarily farm ground. Eugene Pickens, Hawthorne Rd., asked if they would be required to comply with the dog ordinance, he was told yes. Dave Lemmon, Siphon Rd., said he would like to go on record as opposing the annexation. Mayor and council discussed with those present the possibility of sewage contimating the water level and the control of dogs in the area. The residents in the area to be annexed were very concerned that the city would force them to hook onto the sewer and water utilities right away. 189 The mayor and council considered the Northside Plaza Industrial final plat at this time in the meeting and then returned to the annexation Ordinance #194. Minutes will reflect the discussion and action on the Northside Plaza final plat after completion of Ordinance #194 business. ORDINANCE #194 - Annexing certain lands known as "Northside Plaza"and annexing certain other lands known as the "Dell Road Area" was read in full by Mayor Cotant as the third and final reading of ordinance. Councilman Quick made motion to amend the proposed Ordinance #194, to strike from heading of Ordinance #194 at lines 2 and 3 the words "The Northside Plaza" and annexing certain other lands known as", further to amend Ordinance #194 as proposed to strike from Section #1 all language from and including subparagraph (A)"Northside Plaza Property" to and including the subparagraph heading (B) "Dell Road Area.", further amending Ordinance #194~ Section #2, to strike therefrom all language from and including subparagraph (A) to and including the symbol subparagraph (B). Councilman Kinghorn seconded motion. Roll call vote: Fullmer, yes; Kinghorn, yes; Quick, yes; Romriell, yes. Councilman Romriell moved to dispense with rule of reading Ordinance #194, as amended, on three separate days. Councilman Quick seconded motion. Roll call vote: Fullmer, yes; Kinghorn, yes; Quick, yes; Romriell, yes. Councilman Fullmer moved to adopt Ordinance #194 as amended. The motion died for lack of a second. Councilman Kinghorn moved to instruct city engineer to provide city attorney with a description of area to be annexed, which will encompass the Dell Road and Homestead areas and further instruct the city attorney to present an ordinance annexing this property only. Councilman Quick seconded motion. All councilmen voted in favor of motion. NORTHSIDE PLAZA FINAL PLAT - Glen H. Marshall, developer and John Alder, engineer with the Northwestern Engineering firm presented the final plat. Engineer Smart said he had requested and recommended that the 80 ft. right- of-way on Siphon Road be centered on section line, and if there is a legal siphon easement, that it be shown on the map. Mr. Marshall and Engineer Alder said the siphon easement does lie within the proposed 80 ft. street right-of-way. Engineer Smart informed council that these two items have been taken care of and a new plat drawing has been submitted showing same. Councilman Kinghorn asked Mr. Marshall what he had found out about Yellowstone Highway right-of-way and the access road off Yellowstone Highway. Mr. Marshall informed council that Mr. David Asper, State Highway Department had told him they weren't prepared to purchase the right-of-way at present, and will work with him as to his encroachment permit. Engineer Smart recommended that before the City sign the final plat that City require the encroachment permit to be approved by State and City. 191 NORTHSIDE PLAZA FINAL PLAT cont'd. Councilman Romriell asked if the proposed 8 inch and l0 inch lines in Northside Plaza would equal the water transmission of the 12 inch line proposed in the comprehensive plan. Mayor and Council discussed this and Engineer Smart said the two lines should be equal in capacity to the 12 inch line. Councilman Romriell moved to table action on final plat until the encroachment permit is obtained from State Highway Department and reviewed by council. Motion died for lack of a second. Councilman Fullmer moved to approve the Northside Plaza final plat subject to State Highway issuance of encroachment permit and subject to city engineer's approval of State Highway's encroachment permit. Motion died for lack of a second. Councilman Romriell moved the Northside Plaza final plat be tabled~until the next council meeting, January 9, 1979. Councilman Kinghorn seconded motion. All councilmen voted in favor. Councilman Fullmer told Mr. Marshall the council feels a discretionary decision should not be made by the engineer and that the administrative function of approving a final plat lies with the council. Councilman Romriell moved to amend his prior motion to read that Northside Plaza final plat be tabled until the next regular or duly called meeting of the city council. Councilman Kinghorn seconded the amended motion with an unanimous vote in favor. TRAFFIC STUDY ON ADAMS DRIVE AND LUCKY - Engineer Steven Smart gave an oral review of his written report. The Mayor and Council passed Resolution #11-78 on October 10, resolving that a sixty day moratorium be imposed upon issuance by the City of building permits for construction of multiple dwelling structures upon properties abutting Lucky and Adams Street. The moratorium has expired. The Mayor and Council agreed to allow the moratorium to expire without any further action. JOHN R. VALENTY CLAIM - John R. Valenty recently presented a claim to city for damage to his cinder block building of Dan's Market. Attorney Burnett recommended the city send the John R. Valenty claim into the insurance company and notify the agent that the claim is not dated and may not be timely. FINANCIAL STATEMENT for the month of November presented to Mayor and Council. CLAIMS TO BE PAID IN DECEMBER presented to Mayor and Council. Councilman Romriell moved to approve the salary raises. Councilman Quick seconded motion with an unanimous vote in favor. Councilman Romriell moved to approve the claims as presented. Councilman Fullmer seconded motion, all councilmen voted in favor. GENERAL DISCUSSIONS: 1) Citation on dog violations suspended because a warning had not been given violater. Attorney Burnett said it would be necessary to issue warning prior to issuing ticket on violation. 2) Mayor and Council approved the purchase of a Radar Gun and a Polaroid Camera for the Police Dept. Councilman Fullmer moved, Romriell seconded with full council approval that meeting adjourn at 12:50 a.m. era C. Armstrong, City Clerk John O. Col~ant, Jr., Mayor 193