HomeMy WebLinkAbout08 25 1998 CM151
COUNCIL MEETING MINUTES
August 25, 1998
Minutes of regular meeting held at city municipal building, August 25, 1998.
Present: President of Council W. Dean Wood, Council members Leroy S. Quick, Steven M.
England, Marvin C. Gunter, Attorney Thomas J. Holmes, Public Works Director Steven
M. Smart. Mayor John O. Cotant was excused.
Meeting was called to order at 7:32 p.m. by President of Council W. Dean Wood.
PLEDGE ALLEGIANCE TO THE FLAG
APPROVAL OF MINUTES - President of Council W. Dean Wood asked for corrections or
additions to Special Meeting Minutes of August 11, 1998 and Regular Meeting Minutes
of August 11, 1998.
Councilman England moved to approve Special Meeting Minutes of August 1 l'h., 1998
as read. Councilman Quick seconded. All council members present voted in favor of
motion.
Councilman Quick moved to approve Regular Meeting Minutes of August 11L~., 1998 as
read. Councilman England seconded. All council members present voted in favor of
motion.
PUBLIC HEARING - 1998-99 FISCAL YEAR BUDGET - City Clerk Conlin presented the
proposed expenditures and revenues.
President of Council Wood declared the public hearing open, there being no comment
for, or against the 1998-99 Fiscal Year Budget, President o£Council Wood declared the
public hearing closed.
ORDINANCE #491 - An ordinance appropriating the several sums of money deemed necessary
and sufficient to defray all expenses and liabilities of the City of Chubbuck for fiscal year
beginning on the 1~. day of October, 1998, and ending on the 30th. Day of September,
1999.
Councihnan Steven M. England read Ordinance #491 in full for the first and final
reading.
Councilman Quick moved to dispense with the rule of reading Ordinance #491 on three
separate days. Councilman Gunter seconded. Roll Call Vote: Quick, yes; England, yes;
Gunter, yes; Wood, yes.
153
ORDINANCE #491 - (cont.) -
Councilman England moved to adopt Ordinance #491 as read. Councilman Gunter
seconded. Roll Call Vote: Quick, yes; England, yes; Gunter, yes; Wood, yes.
RESOLUTION #8-98 - Dollar certification of budget request to Bannock County
Commissioners.
Councilman Wood read Resolution #8-98 in full.
Councilman Gunter moved to adopt Resolution #8-98 as read. Councilman England
seconded. All council members voted in favor of motion.
AUXILIARY BUILDING SETTING WITHIN REQUIRED SETBACK - DARNELL NELSON
4626 PONDEROSA - BO Campbell stated a work order had been placed on a shed at
4626 Ponderosa. The building was setting with the required set back. BO Campbell said
the almost 240 square foot building, which is currently under construction, sets about a
foot from the property line and six feet from the back of the curb on Sawtooth. This lot,
being a comer lot in a R-2 zone requires a fifteen foot setback from the property line on
one side and a twenty foot setback on the other side.
BO Campbell stated after discussing with Staff it was decided that the building
department would be correct in requiring the building to be moved so that it did not set in
the required minimum yard setback. Since the concrete was already poured and had
started the frame work they felt they should be allowed to keep the building where they
had placed it. City Code does not allow the building to remain where it was and that they
would have to move it.
Mr. Nelson expressed his concern of cost of moving the building.
Councilman Gunter moved to require Damell Nelson, 4626 Ponderosa to comply with
City Code and bhng the building in compliance with the required setbacks. Councilman
England seconded. Roll Call Vote: Quick, no; England, yes; Gunter, yes; Wood, yes.
FINAL PLAT - COUNTRY HOME SUBDIVISION - STUART NELSON - Tim Shurtliff was
present to present the Final Plat.
PWD Smart recommended approval of the Final Plat.
Councilman Gunter moved to approve the Country Home Subdivision Final Plat as
presented. Councilman England seconded. All council members voted in favor of motion.
155
BUSINESS LICENSE APPLICATION - Austin Diversified Products, Harley Hiatt has applied
for license to sell cleaning supplies door to door in the City of Chubbuck.
Police Department recommended approval of the license.
Councilman England moved to grant Harley Hiatt, 7325 Adams Street, Paramount
California, (dba)Austin Diversified Products a license to sell cleaning products door to
door in the City. Councilman Gunter seconded. All council members voted in favor of
motion.
REQUEST TO DEFER "LANDSCAPING REQUIREMENTS" - BOWEN PETROLEUM
BUILDING - BURLEY AND LINDEN AVE. - Attorney Craig Jorgensen, representative for
Bowen Petroleum requested the Council defer "landscaping requirements" at Bowen
Petroleum's building until such time as further development occurs.
Attorney Jorgensen presented the Council with "Exhibits" for the record. Attorney
Jorgensen went through the booklet, stating there was definitely confusion on when the
landscaping was required. Mr. Bowen does not want to do the landscaping requirements
until development occurs on the street. Concern about having to tear the landscaping out
when street is installed.
Councilman Quick asked if we have exact grading at this time. PWD Smart stated PE
Gerd Dixon is in process of working on the grades, but PWD Smart cannot give a date
when they will be finished.
Attorney Jorgensen expressed concern about having to tear out landscaping, curb, gutter,
and sidewalk when the street is installed. Attorney Jorgensen said he did not think
Council was in agreement that City needs to be consistent.
Discussion about requiring a guarantee.
Councilman England moved to defer the landscaping, curb, gutter and sidewalk
requirement until a grade and location of street is determined, at that time Bowen
Petroleum is required to comply with City Code. Councilman Gunter seconded. All
council members voted in favor of motion.
ORDINANCE - Creating Chapter 9.34, aggressive solicitation; an ordinance to establish a
prohibition against certain forms of aggressive solicitation.
Police Chief Rowland explained the ordinance.
Councilman Wood read ordinance by title only for the first reading.
157
MUNICIPAL AUDIT LETTER OF UNDERSTANDING - JONES, YOST, HATT, ERICKSON
City Clerk Conlin explained this is an agreement with Scott Jones for 1997-98 Audit.
Councilman Quick moved to direct Mayor Cotant to enter into agreement with Jones,
Yost, Hatt, Erickson to do 1997-98 Fiscal Year Audit. Councilman England seconded.
All council members voted in favor of motion.
FINANCIAL REPORT for month of July, 1998 presented to Mayor Cotant and Council.
CLAIMS - Computer print-out claims presented to Mayor Cotant and Council.
Councilman England moved to approve computer print-out claims as presented.
Councilman Quick seconded. All council members voted in favor of motion.
At 9:05 p.m., Councilman England moved to go into executive session meeting as authorized by
Idaho Code 67-2345 (f') to advise City Attorney in pending litigation.
Discussion about Hearing on Tim Kerns pig.
No action or final decision was made.
At 9:40 p.m., Councilman England moved, Councilman Quick seconded, with full council.
approval to adjourn meeting.
Ron C. Conlin, City Clerk
W. Dean ~ood~ Pr. esident
of Council