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Home My WebLink About05 14 1996 CM83 CITY COUNCIL MEETING May 14, 1996 Minutes of regular meeting held at City Municipal Building, May 14, 1996. Present: Mayor John O. Cotant, Council Members: LeRoy S. Quick, Steven M. England, W. Dean Wood~ Marvin C. Gunter; Attorney Thomas J. Hohnes; Public Works Director Steven M. Smart and Secretary Myrna Crapo. Meeting was called to order at 7:30 p.m. by Mayor John O. Cotant. PLEDGE ALLEGIANCE TO THE FLAG. APPROVAL OF MINUTES: Mayor Cotant asked for corrections or additions to regular meeting minutes of April 23, 1996. Councilman Dean Wood moved to approve regular meeting minutes of April 23, 1996 as written. Councilman Steve England seconded. All council members voted in favor of motion. 1. Business License Apphcation - Matt Lucas, 355 Kurtwood, Pocatetlo has apphed for license to sell sno cones, ice cream, etc. from a vending truck on City Streets. Marvin Gunter moved to approve the application of Matt Lucas to sell sno cones, ice cream, etc. from a vending truck on city streets. LeRoy Quick seconded. Roll call vote: Quick, yes; England, yes; Wood, yes; Gunter, yes. 2. Final Plat - Beech Subdivision. They have signed the Tree Valley Road agreement and everything is ready for approval. Steve England moved to approve the final plat for the Beech Subdivision. Marvin Gunter seconded. Roll call vote: Quick, yes; England, yes; Wood, yes; Gunter, yes. 3. Carmike Theater request for reduced parking spaces. Cary Campbell addressed the council and explain the number of people that are attending the theater at any given time. They would like to reduced 300 parking spaces requirement to 244 spaces. Mr. Scott Hudson, architect informed the council that if they are approved tonight he will start interviewing surveyors so they can get it surveyed. They would like to start in June and be in by Christmas. LeRoy Quick moved to reduce the parking requirement for Carmike Theater to 244 spaces, Dean Wood seconded. All voted in favor. 4. Proclamation - "Clean Air Days" was read by the Mayor. Dean Wood moved to approve the proclamation for Clean Air days. Steve England seconded. All council members voted in favor. 5. Ordinance adding section 9.08.240 to the Chubbuck Municipal Code to prohibit the selling of non-owned vehicles on private property. Chief Jerry Rowland addressed the council. The city has no ordinance to force people to move their cars. They are eye sores that we can't regulate. He was concerned with people who just park their cars and leave them. 85 After discussion, the council decided to wait and see if the problem increased. Marvin Gunter moved to table the ordinance for 90 days. Dean Wood seconded. All voted in favor. Building Permit Refund Request - Bret & Rebecca Rowe. Rebecca Rowe informed the council that the seller backed out at the last minute and that the contractor had paid for the building permit, By code the city is required to refund 80%, but Cary Campbell felt since it wasn't Rowe's fault we should refund the entire amount. Steve England moved to refund all of the money, Marvin Gunter seconded. All voted in favor. 7. Final Plat Heritage ¢~est #5 subdivision, Tim Shurtliff address the council. The final plat is the same as the preliminary plat. This plat finished out the park area. They are starting the construction on the park right now and are looking at next summer to have it finished. Dean Wood moved to approve the final plat for Heritage West #5 Subdivision. Steve England seconded the motion. All voted in favor, 8. Final Plat - Diamond Court Subdivision. ITD is requiring a traffic study before giving them an approach permit to Yellowstone. Roy Quick moved to approve the final plat of the Diamond Court Subdivision. Dean Wood seconded. All voted in favor. 9. Proposed ordinance prohibiting glass beverage containers in City parks. They are having problems with broken glass in the park. We need to define the parks to avoid potential problems. The parks will need to be posted. An ordinance will be presented at the next council meeting. 10. License application for Kennette Ellin to operate Sno-Mart at Wal-Mart parking lot. Dean Wood moved to approve the apphcation for Kennette Ellin to operate Sno-Mart subject to police approval. Marvin Gunter seconding. All voted in favor. 11. Business License Application by Ronda Rowe for Tropical Sno Shaved Ice to sell at 4800 Yellowstone. Police approval not yet received. Steve England Moved to approve the application subject to police approval with Marvin Gunter seconding. All voted to approve it. 12. Ordinance- Annexing certain lands to be included within the boundaries and jurisdictional limits of the City of Chubbuck. The ordinance was read by Tom Holmes in full. Steve England moved to dispense with the rule to read on three separate occasions. Dean Wood seconded. Quick, yes; England, yes; Wood, yes; Gunter, yes. 13. 14. 87 Roy Quick moved to adopt ordinance number 456 to annex certain lands to be included within the boundaries and jurisdictional limits of the City of Chubbuck. Marvin Gunter seconded the motion. Roll call vote: Quick, yes; England, yes; Wood, yes; Gunter, yes. Discussion on paying for an ad in the journal on May 24th against drinking on the holidays and on May 26th for the veterans memorial. The item was tabled. Bids for Public Works Office Addition. American Heritage Building $159,900.00 Dryvit 16,800.00 Vaulted ceiling 3,000.00 Brennan Construction Building $200,635.00 Dryvit 21,850.00 Scissor Trusses 1,286.00 The city has decided to increase the size of the addition. Steve England moved to accept the Iow bid authorizing the mayor to enter into contract for the additional rooms and the changing of the ceiling application for the public works office addition. Dean ~ood seconded. All voted in favor. 15. Planning and Zoning discussion - Council LeRoy Quick. Councilman Quick reviewed the current bill boards that we already have. The Council discussed 1. needing a formula to regulate them, 2. Banning any additional ones. 3. Not let them replace them. 4. The need to limit them as much as we can. 16. Sewer and Water extension from Hiline Heights Subdivision. We need to do something now before the next phase is black toped. We would need a 20' feet easement. l*'e need to pursue asking the subdivider to provide an exit and if not possible for the city to buy the property to maintain an access. Computer print-out claims presented to Mayor Cotant and Council. Marvin Gunter moved to approve computer print-out claims as presented. with Steve England seconded. All council member voted in favor. At 8:30 pm Dean Wood moved to go into executive session meeting to discuss possible purchase of property as authorized by Idaho Code 67-2345 (f}. Steve England seconded. F/oil Call Vote: Quick, yes; England, yes; Wood, yes; Gunter, yes. No action or final decision was made. 89 At 8:50 Roy Quick moved to adjourn from executive session meeting regular meeting. Steve England seconded. Roll call vote: Quick~ yes; England~ yes; Wood~ yes; and Gunter~ yes. Marvin Gunter moved to adjourn at 8:5~~d seconding. ~ohn O. Cotant, Mayor Myrna Cra~, Secretary TO: FROM: DATE: SUBJECT: MAYOR AND COUNCIL MEMBERS CARY CAMPBELL, BUILDING OFFICIAL APRIL 25, 1996 BUILDING PERMIT REFUND TODAY ! RECEIVED A NOT, CONTAINING THE FOLLOWING; "DEAR SIRS. DUE TO CIRCUMSTANCES BEYOND OUR CONTROL MR. LOSSER HAS DECIDED NOT TO SELL THE LAND UNTIL JANUARY, 1997. WE WOULD LIKE THE MONEY MR. ELZNER HAS PUT ON THE BUILDING PERMIT TO BE REIMBURSED TO HIM. THANK YOU BRET & REBECCA ROWE" APPARENT THIS IS THE INFORMATION THEY RECEIVED THIS MORNING WHEN THEY WENT TO THE TITLE OFFICE TO CLOSE THEIR TRANSACTION. ON APRIL 23, TUESDAY, MR. ELZNER OF WESTERN DESIGN HAD TAKEN OUT A BUILDING PERMIT TO BUILD A HOME FOR THE ROWES AT 5151 ..... ~REE VAEEE¥ -RO~-; SECTION 107.6 OF THE "UNIFORM BUZEDING CODE" ALLOWS THE BUILDING OFFICIAL TO AUTHORIZE AN EIGHTY PERCENT REFUND WHEN NO WORK HAS BEEN DONE UNDER THE PERMIT. NO WORK HAS BEEN DONE, AND I AM AUTHOR[ZED TO ALLOW $694 TO BE REIMBURSED TO THE ROWES. HOWEVER, I WOULD LIKE TO RESPECTFULLY REQUEST THAT THE MAYOR AND COUNCIL AUTHORIZE A REFUND THE OF ENTIRE $867.50 PAID BY WESTERN DESIGN FOR BUILDING PERMIT NUMBER 4540.