HomeMy WebLinkAbout09 26 1995 CM135
COUNCIL MEETING MINUTES
September 26, 1995
Minutes of regular meeting held at city municipal building,
September 26, 1995.
Presents Mayor John O. Cotant, Council members Leroy S. Quick,
Steven M. England, W. Dean Wood, Marvin C. Gunter, Attorney
Thomas J. Holmes, Public Works Director Steven M. Smart and
City Clerk Eon C. Conlln.
Meeting was called to order at 7,30 p.m. by Mayor John O. Cotant.
PLEDGE ALLEGIANCE TO THE FLAG
APPROVAL OF MINUTES - Mayor John O. Cotant asked for corrections
or additions to regular meeting minutes of September 12, 1995.
Councilman Wood moved to approve regular meeting minutes of
September 12, 1995 as read. Councilman England seconded. All
council members voted in favor of motion.
BUSINESS LICENSE APPLICATION - Vlnce DiGaetono, 355 S. llth.,
Pocatello has applied for license to sell espresso, etc. from
a shed, on the north corner, of the Green Triangle Parking
Lot.
Councilman Quick moved to approve a business license to
Vince DiGaetono, 355 S. llth., Pocatello to sell espresso,
etc. from a shed, on the north corner, of the Green Triangle
Parking Lot. Councilman Gunter seconded. All council members
voted in favor of motion.
BUSINESS LICENSE APPLICATION - Andre Cottrell, Austin Diversified
Products, Harvey, Illinois. (Staying at the Oxbow Inn), has
applied for license to sell cleaning products, door to door
in the City.
Police Department reported they cannot approve this
application at this time, because in order to do the necessary
check, they need the name, date of birth, and ssn of every
individual that will be selling within Chubbuck city limits.
The only information the Police Department has, is on Andre
Cottrell. Jim Phelps suggested the application be tabled until
the reports can be completed.
Councilman Wood moved to table the business license
application until the October 10, 1995 Council Meeting.
Councilman England seconded. All council members voted in
favor of motion.
137
BUSINESS LICENSE APPLICATION - Emergency Curb Services, Victor
Fernandez, 222 Eenry, Chubbuck has applied for license to sell
service of painting house numbers on curbs.
Jlm Phelps stated the palnting of address numbers on the curb,
does not help when snow is covering the curb.
Mr. Fernandez said he would be willing to paint the number on
the step and the curb.
Councilman Gunter stated, in no way should Mr. Fernandez imply
the City of Chubbuck requires, or endorses the numbers painted
on steps, or curbs. Mr. Fernandez stated he understands the
concern, and will not imply to residents the Clty requires,
oF endorses the service.
Councilman England moved to approve a business license to
Emergency Curb Services, Victor Fernandez to sell service of
painting house numbers on curbs, and or steps. Councilman
Gunter seconded. All council members voted in favor of motion.
TREE
VALLEY ROAD DISCUSSION - Cary Campbell, 5175 Tree Valley Rd.
stated, late last year Tree Valley Rd. was graded away,
(approx. 14 months ago), while sewer was installed in Vista
Park Subdivision. Mr. Campbell stated, Harold Schalf the
developer, was approached and asked to replace the gravel and
bring Tree Valley Rd. back the way it was. Mr. Campbell said
residents in the area are concerned because they received a
letter from Mr. Schalf's attorney stating, that any time Mr.
Schalf chose, he could deny the access.
Mr. Campbell stated, yesterday, Mr. Schalf finally added more
gravel, which helped, but the road is still not what it was.
Staff met with Mr. Schalf this morning in Staff Meeting, Mr.
Schalf stated he will maintain the access. Mayor Cotant
suggested the residents monitor the situation, if there is
still a problem, let the City know. Mr. Schalf agreed to
maintain the access during the Vista Park Final Plat process.
BELVA TUBBS PROPERTY DISCUSSION, 5419 & 5421 YELLOWSTONE AVE. -
PWD Smart stated earlier this year, following a dust complaint
from nearby residents. Mrs. Belva Tubbs reminded the City of
a commitment the City Council made to her in 1977. After
researching the Council Minutes we find the City Council
agreed to pave some of the access roadway from Briscoe Rd. if
Mrs. Tubbs dedicates it to the City, and also straightening
up the sewer easement.
139
BELVA TUBBS PROPERTY DISCUSSION - (cont.)
PWD Smart gave cost estimates ~mving roughly a 20' strip from
Brlscoe Rd., south into property, then southwest following
path of normal traffic. The costs estimated are $6,000.00 for
surveying and paving. The sewer lines lay in the proposed
roadway.
If City accepts the street dedication, City will be
responsible for maintaining. Sanitation trucks use the road.
Councilman England moved to pave the access roadway, and
accept the street as a substandard street, with the
understanding the City is not in business of building streets,
but felt the City should honor a commitment the Chubbuck City
Council made to Belva Tubbs in 1977. Councilman Wood seconded.
All council members voted in favor of motion.
FINAL PLAT - RANAE SUBDIVISION Council reviewed a final plat
presented by Jim Worthen, 730 E. Chubbuck Rd. for Ranae
Subdivision. A subdivision located in Lot 15, in the
Cloverdell Farms Subdivision (north of 242 and 244 E. Chubbuck
Rd).
Tim Shurtllff, 426 E. Lewis was present to answer any
questions.
Councilman England moved to approve the Ranae Subdivision
Final Plat as presented. Councilman Gunter seconded. All
council members voted in favor of motion.
MUNICIPAL AUDIT-LETTER OF UNDERSTANDING JONES, YOST, HATT,
ERICKSON & CO. - City Clerk Conlin stated Scott Jones, Jones, Yost,
Hart, Erickson & Co. has presented an agreement to do the City
of Chubbuck's 1994-95 Fiscal Year Audit for the same amount
as last year, ($3,100.00).
Councilman Wood moved to direct Mayor Cotant to enter into
agreement with Scott Jones of Jones, Yost, Hart, Erickson &
Co. to do the City of Chubbuck's 1994-95 Fiscal Year Audit.
Councilman Gunter seconded. All council members voted in favor
of motion.
REQUEST FOR CITY SEWER AND WATER SERVICE OUTSIDE OF CITY LIMITS -
Carla Jansen, Gate City Homes & Garden Realtor was present
representing Gary Brlnghurst, 732 W. Chubbuck Rd. Carla Jansen
stated, Mr. Brlnghurst wants to sell his property, north of
LDS Church, north of Paradise Acres.
Carla Jensen asked what needs to be done to service property
with city services, without being annexed.
141
REQUEST FOR CITY SEWER AMD WATER SERVICES OUT OF CITY LIMITS
(cont. )
PWD Smart stated a sewer lift station would be required to
serve the property.
Mayor Cotant suggested Carla Jensen talk to Gayla Anderson
about annexation.
DECLARING MORATORIUM COMPLETE - On January 11,
Council adopted a moratorium on permitted
under Chubbuck Municipal Code 18.08.040.
1994 the City
industrial uses
Councilman Wood moved to declare the moratorium on permitted
uses complete. Councilman Gunter seconded. All council members
voted in favor of motion.
BUSINESS LICENSE APPLICATION FOR AMILAR GONZALEZ - Mr. Gonzalez,
321 E. Alice St. applied for license to sell wood from his
truck on Roy Miller property on Yellowstone Ave., at the
August 8, 1995 Council Meeting. Mr. Gonzalez was approved,
subject to him getting permission from property owner. (Roy
Miller).
Jim Phelps stated Mr. Gonzalez could not get permission from
Roy Miller, so Police Department towed, and impounded his
vehicle after several attempts to contact him. Mr. Gonzalez
went to Bart Parrlsh for permission, and received a 30 day
approval. Councilman Quick stated several residents have
purchased wood from Mr. Gonzalez, finding the wood in the
middle of the load, was bad wood.
Jim Phelps suggested the business license Amllcar Gonzalez
received be revoked.
Attorney Holmes suggested, prior to revoking Amilcar
Gonzalez's license the City should contact by certified
letter, and invite Mr. Amllcar to the October 10, 1995
Council Meeting.
BUSINESS LICENSE GRANTED TO SAM'S BODY SHOP - Jim Phelps reported
Sam's Auto Body has been there for years. David Somora has
taken over the business from Sam Silva. Jim reported there
have been several complaints about Mr. Somora collecting
monies, but not doing the work.
Attorney Holmes stated a business license is not transferable.
When Mr. Silva gave up the business, Mr. Somora was required
to apply for a business license. Mr. Somora does not have a
business license at this time, City can proceed with
violations of City Codes.
143
GENERAL DISCUSSION -
1. CIRCLE INN MOBILE HOME COURT COMPLAINTS - Jerry Banyard,
Manager of Circle Inn Mobile Home Park was present to complain
about speeding through the mobile home court, lately the court
residents have been having a problem with kids foot traffic
over private yards, property damage and verbal abuse when
anything is said to them. Jerry Banyard suggested Llsh Street
be closed to vehicle traffic.
The teen drivers run over sldewalk and lawns to miss
bumps. Fire Chief Cary Campbell expressed concern
closing Llsh St., and what it would do to emergency
vehicles responding to emergencies.
speed
about
Mayor Cotant suggested Attorney Holmes look into the legally
of closing Llsh St. Mayor Cotant stated, the City will contact
Clark Real Estate to see if they can help with the problems.
City Clerk Conlin was directed to put the complaints on the
October 10, 1995 Council Meeting.
2. THREE FOUR-PLEXES BEING BUILT AT 218 W. CHUBBUCK RD.
City Clerk Conlin was directed to invite the new owners of the
project, to next Staff Meeting, for discussion of commitments
and requirements made by prior owner, Art Paz. City Clerk
Conlin was directed to include this item on October 10, 1995
Council Meeting.
3. Mayor Cotant suggested residents with two meters be
charged one minimum of $10.00 instead of two minimum
charges. City Clerk Conlln was directed to put on October 10,
1995 Council Meeting Agenda for review.
CLAIMS - Computer print-out claims presented to Mayor Cotant and
Council.
Councilman England moved to approve computer print-out claims
as presented. Councilman Gunter seconded. All council members
voted in favor of motion.
At 8~45 p.m., Councilman Wood moved to go into executive session
meeting to discuss a personnel matter in Police Department,
as authorized by Idaho Code 67-2345 (b). Councilman Gunter
seconded. Roll Call Vote, Q~lck, yes; England, yes; Wood, yes;
Gunter, yes. 100% of council members voted in favor of motion.
Discussion about personnel paid for by Law Enforcement Grant.
No action or final decision was made.
At
9,55 p.m., Councilman England moved to go out
session meeting. Councilman Gunter seconded.
members voted in favor of motion.
of executive
Ail council
147
LAW ENFORCEMENT GRANT - Councilman Quick stated the Law
Enforcement Grant is going to supply uniforms, salaries,
for one officer, 100% for one year only.
etc.,
Councilman Wood moved to direct Mayor Cotant to enter into
agreement with City of Pocatello, and proceed with the year
one grant. Councilman Quick seconded. All council members
voted in favor of motion.
At 9=00 p.m., Councilman Wood moved, Councilman Quick seconded,
with full council approval to adjourn meeting.
Ron C. Conlin, City Clerk
~Cotant, Mayor