HomeMy WebLinkAbout08 11 1998 CM139
COUNCIL MEETING MINUTES
August 11 `h., 1998
Minutes of a regular council meeting held at city municipal building, August 11 `h., 1998.
Present: Mayor John O. Cotant, Council members Leroy S. Quick, Steven M. England, W. Dean
Wood, Attorney Thomas J. Holmes, Public Works Director Steven M. Smart and City
Clerk Ron C. Conlin.
PLEDGE ALLEGIANCE TO THE FLAG
APPROVAL OF MINUTES - Mayor John O. Cotant asked for corrections or additions to
Special Meeting Minutes of July 28`h., 1998 and Regular Meeting Minutes of, July 28".,
1998.
Councilman Wood moved to approve Special Meeting Minutes of, July 28`h., 1998 as
read. Councilman England seconded. All council members present voted in favor of
motion.
Councilman Quick moved to approve Regular Meeting Minutes of, July 28`h., 1998 as
read. Councilman Wood seconded. All council members present voted in favor of
motion.
PUBLIC HEARING ITEM #1 - An application by Charles Moreno, 378 Golden Grove Ct., Simi
Valley, California for a Preliminary Plat for Moreno Subdivision. Property is located at
5016 Yellowstone Ave. Property is presently zoned, General Commercial, (C -2).
This public hearing item was supposed to be heard by the Land Use and Development
Commission, August 6, 1998, but was not, because of lack of a quorum. The public
hearing will be on the September 3, 1998 Land Use & Development Commission
Meeting. No one showed at the public hearing, for or against the project.
Project Engineer Gerd Dixon said the owners of the subdivision are anxious to get
started. PE Dixon explained the preliminary plat.
Shawn Harris, Shepherd Engineering was present representing Charles Moreno and
Oakwood Mobile Home Sales. Mr. Harris stated, they are asking approval to begin
construction on the site grading of parking lot.
PWD Smart stated building permits cannot be issued unless the project is in a platted
subdivision.
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COUNCIL MEETING MINUTES - (cont.)
August 11, 1998
PUBLIC HEARING - OAKWOOD HOMES PRELIMINARY PLAT - (cont.)
Attorney Holmes stated, the Council can allow Oakwood Mobile Homes to work up to a
certain level, it is their peril if for some reason the project does not get approved.
Councilman Quick made motion to authorize continuation of the work in process to go
forward with the understanding the project must be approved through the Land Use and
Development Commission and meet final requirements, then Council will act upon at
September 8, 1998 Council Meeting, to pass both the Preliminary and Final Plat, the
Occupancy Permit for sales use is withheld until the Final Plat is completed. Councilman
Wood seconded. All council members voted in favor of motion.
PUBLIC HEARING - ORDINANCE - Repealing Section 18.20.085, "Infill Planned Unit
Development ".
This agenda item was on Land Use and Development Commission's August 6, 1998
Agenda. The Land Use and Development Commission did not have a quorum, therefore
this agenda item will be hear by the Land Use and Development Commission on the
September 3, 1998 Land Use and Development Commission.
ORDINANCE #490 - Amending the Chubbuck Day Care Ordinance.
Mayor Cotant read Ordinance #490 by title only for the third and final reading, one of
which was read in its entirety.
Councilman England moved to adopt Ordinance #490 as read. Councilman Wood
seconded. Roll Call Vote: Quick, yes; England, yes; Gunter, absent; Wood, yes.
1998 -98 FISCAL YEAR TENTATIVE BUDGET - City Clerk Conlin presented the 1998 -99
Fiscal Year Tentative Budget.
Law Enforcement
$1,557,720.
Fire
$
424.439.
Parks & Recreation
$
269,535.
General & Administration
$
257,178.
Chubbuck Development Authority
$
980,000.
.-, HS &R
$
582,496.
Water Fund
$1,096,183.
Sewer Fund
$
776,625.
Sanitation Fund
$
600,000.
143
COUNCIL MEETING MINUTES - (cont.)
August 1.1, 1998
Special Revenue Funds $ 5,000.00.
$6,576,902.
Councilman Quick moved to adopt the 1998 -99 Fiscal Year Tentative Budget as
presented. Councilman England seconded. All council members present voted in favor of
motion.
ANIMAL CONTROL HEARING - TIM & KAREN KERNS - 336 LARIAT LANE -
Attorney David Alexander stated they are here in regards to "Earl the Pig ". Mr.
Alexander stated there was a hearing on the June 9, 1998 Council Agenda, but it was
found out the recorder did not tape the meeting for some reason, therefore Judge
McDermott required there be another hearing. Attorney Alexander stated they are here
because the City of Chubbuck impounded a pig from Tim and Karen Kerns, which they
contend was done without authority of law or ordinance of the City of Chubbuck. Mr.
Alexander said Tim and Karen Kerns would like to have the pig back, they feel it is a
member of the family. Attorney Alexander stated he felt none of the procedures in
Chubbuck Code Section 46 were followed. Mr. Alexander told the City Council, because
the correct procedures were not followed, the Council has not other option, but to return
the pig to Mr. and Mrs. Kerns. Attorney Alexander stated he has several witness
appearing tonight.
Tim Kerns, 336 Lariat Lane answered several questions from Attorney Alexander, mostly
questions on how he cared and raised the pig, (Earl). Mr. Kerns stated three year ago a
Kathleen Hogan called the Chubbuck Police Department and they picked up the pig. At
that time Mr. Kerns was told if he wanted to keep the pig he would have to keep the pig
inside his residence, and kept as a pet.
The Council reviewed 17 exhibits presented by Attorney Alexander.
Mr. Kerns stated, at one time Mrs. Kerns went down to McKee's to get the pig and take it
out of State, Police Department would not release the pig.
Mr. Kern's stated he felt the fence to contain the pig was adequate. Mr. Alexander asked
if the pig ever got out of his yard. Mr. Kern's stated the pig got out, he felt someone tore
.� the fence down. Mr. Kern's felt the pig did not tear down the fence. Mr. Kern's blamed
Kathleen Hogan for tearing down the fence. Mr. Kerns stated he will install a chain link
fence, and have Chubbuck Animal Control Officer inspect it. Mr. Kern's sty ted, if he can
get the pig back, he will take care of the pig like one of his pets. Mr. Kern's stated he and
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COUNCIL MEETING MINUTES - (cont.)
August 11, 1998
ANIMAL CONTROL HEARING ON TIM AND KAREN KERN'S 336 LARIAT - PIG -
Attorney Holmes, asked Mr. Kern's some questions.
1. Question about weight of the pig.
2. Is the pig a pet.
3. Have other animals got out of Mr. Kern's yard. He stated yes they have.
4. Question, did Mr. Kern's receive Exhibit #10 - Did not remember, but thought
SO.
5. Discussion about meeting with Mayor Cotant, Mr. Kerns felt he could keep
his pig as a pet after the meeting. Exhibit #11.
Mr. andMrs. Kerns are concerned about the pig health.
Attorney Alexander asked Mrs. Kerns questions.
1. Mrs. Kern's stated she was not aware of animal rules in the City.
2. June 121"., 1.998 Mrs. Kerns stated she saw Kathleen Hogan pulling up the
fence.
3. Discussion about Exhibit # 12.
4. Mrs. Kern's said Tim Kerns is installing a chain link fence and would ask that
the pig be returned.
Monica Abram, 321 Jefferson said, she raises dogs in Arimo. Ms. Abram stated Earl the
Pig is better behaved than most animals. Ms. Abram testified in favor of Mr. and Mrs.
Kerns.
Attorney Alexander questioned Signe Peterson, City of Chubbuck Animal Control
Officer. ACO Peterson explained the events that led to the pig being impounded.
Discussion about Exhibits 13 through 16.
Captain Jim Phelps, Chubbuck Police Department stated he feels Earl the Pig is a swine
Discussion about weight of pig.
Attorney Alexander stated the mistake of impounding the pig could be rectified by the
City of Chubbuck returning the pig. Attorney Alexander stated, Mr. and Mrs. Kerns are
in process of installing a chain link fence around the enclosure. The enclosure and fence
can be inspect by Chubbuck Animal Control.
Tim Kerns stated he will not pay additional fines levied against him.
147
COUNCIL MEETING MINUTES - (cont.)
August 11, 1998
1
ANIMAL CONTROL HEARING - TIM KERNS - (cont.)
Attorney Holmes stated the Council's position is the City Animal Control did follow
Chubbuck Code Section 9.20.070 and 9.20.060. Attorney Holmes read the Code.
Attorney Holmes stated the Council is not bound by their decision of June 9, 1998
Council meeting.
Mayor Cotant stated, if there was any concern of the pig running at large, Mr. and Mrs.
Kerns should have installed the chain link fence when they got the pig originally, they
probably would not be here tonight.
Discussion about other animal control violations cited against Mr. and Mrs. Kerns.
Chief of Police Jerry Rowland stated, that because of continuing animal control
violations by Mr. and Mrs. Kerns, he suggests the pig not be returned.
Councilman England moved to return the pig only under the following conditions;
1) Mr. kerns plead guilty to the citation. 2) Mr. Kerns pay the $16.00 impound fee as well
as the cost of boarding the pig; 3) Mr. Kerns would post a $500.00 cash bond with the
Police Department for one year. 4) The pig would be removed to his mother's residence
in California. 5) The bond would be forfeited if the pig shows up again within the year.
6) Police Department would have the right to inspect Mr. and Mrs. Kerns residence
without prior notice. Councilman Quick seconded. All council members present voted in
favor of motion.
HILINE HEIGHTS SUBDIVISION - Rodney Parrish, 689 E. Chubbuck Road stated he is here
to see if he can get building permits for Hiline Heights Subdivision.
Dale Arnold, 742 Hubbard stated Ransom, Arnold Construction inquired about buying a
lot in Hiline Heights Subdivision, he was told by Rodney Parrish there is a water hook up
payment issue that will have to be resolved, Mr. Ransom was directed to the Chubbuck
Building Department, they told him the lots had been cleared to receive building permits.
Based upon the conversation, Mr. Arnold purchased the lots, then tried to get a building
permit and was told he could not. Mr. Arnold asked why he cannot get building permits.
Mayor Cotant stated he did not have a problem giving Mr. Arnold building permits for
the lots he purchased. The problem is how to guarantee that Bluebird Street gets built.
PWD Smart went through the history of the subdivision.
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COUNCIL MEETING MINUTES - (cont.)
August 11, 1998
HILINE HEIGHTS SUBDIVISION - (cont.)
PWD Smart stated the contractors were told, until the City was satisfied with the
corrections or whatever was required, the City would not allow building permits to be
granted. This is the only leverage the City has to get the street constructed and bird baths
corrected. PWD Smart stated, Parrish's were slow in paying the water hook ups.
Discussion about when the water hook up costs were paid.
Discussion about drainage issues. Review of Rachel's Rainbow's Plat.
Rodney Parrish felt Mike Scott, Scott's Construction did not do what he should have
addressing drainage issue.
Craig Parrish stated he would hope the City Council will stick with what was already
decided, this issue has already been before you, and the Council has already decided the
City does not have authority to tell Parrish's to put in a roadway because, Fort Hall will
not let it happen. Councilman Quick stated give them building permits for the rest of it,
hold Lots I & 2 in abeyance, understand at one point, the roadway issue will have to be
solved. Craig Parrish stated there have been as many as five more lots sold.
Discussion about whether, or not, Fort Hall would allow a road way. The consensus was
Fort Hall will not allow.
Councilman Quick moved to approve building permits for the lot numbers sold subject to
1) Rebuild the catch basin in the associated gutter drainage 2) $5,000.00 completion bond
in the amount of 110% of the estimated cost for doing item #1. Building permits for all
lots in the subdivision, except for lots 1 and 2, Block 4. Councilman Wood seconded. All
council members present voted in favor of motion.
CLAIMS - Computer print -out claims presented to Mayor Cotant and Council.
Councilman Wood moved to approve computer print -out claims as presented.
Councilman Quick seconded. All council members voted in favor of motion.
At 11:53 p.m., Councilman England moved, Councilman Quick seconded, with full council
approval to adjourn meeting.
John O. Cotant, Mayor
Ron C. Conlin, City Clerk
12 August1998
CITY OF CHUBBUCK
5160 Yellowstone
Chubbuck, ID 83202
ATTN: Steve smart., Director of Public Works
Dear Steve,
In compliance with the agreement reached with the City Council
at their meeting last evening, I am enclosing two checks totaling
$5,000.00 as a cash completion bond in the amount of 110% of the
estimated cost for doing the following work at Hiline Heights Subdivision.
"Rebuilding the catch basin and associated gutter drainage" located at or near
Lot 2, Block 4 Hiline Heights Subdivision.
It is our understanding that the payment of this cash bond will enable the issuance of
building permits for all lots in the subdivision except for lots 1 and 2 block 4 and at the
completion of this rebuilding, the entire $5,000 will be returned to us.
We are pleased to have this consern resolved. Keep up the good work--- just the
"good" work and tell the City Council to do the same.
Taxpayer
Enclosed:
$2,500 Check #000380 from Parrish Realty (Rodney)
$2,500 Check #9551 from Kent J. Parrish Business Account