HomeMy WebLinkAbout11 09 1999 CM201
COUNCIL MEETING MINUTES
November 91h, 1999
Minutes of a regular meeting held at the Chubbuck City Council Chambers, November 9th, 1999.
Present: Mayor John O. Cotant, Council members Steven M. England, Marvin C. Gunter, B.
Kent Kearns, Attorney Thomas J. Holmes, Public Works Director Steven M. Smart and
City Clerk Ron C. Conlin. Councilman Leroy S. Quick was excused.
Meeting called to order at 7:30 p.m. by Mayor Cotant.
PLEDGE ALLEGIANCE TO THE FLAG
APPROVAL OF MINUTES - Mayor Cotant asked for corrections and additions to the Regular
Meeting Minutes of October 26th, 1999 and Special Meeting Minutes of November 41h,
1999.
Councilman Kearns moved to approve Regular Meeting Minutes of, October 26`h, 1999
and Special Meeting Minutes of, November 4th, 1999 as read, Councilman England
seconded. All council members present voted in favor of motion.
NONCONFORMING USE REVIEW - BECKY PARRISH - MOBILE HOME COURT ON
VALENTY ROAD - Asst. Planner Larry Kohntopp sent Becky Parrish a letter on a
nonconforming use Bart Parrish was given, subject to a three year review and several
conditions for a mobile home court on Valenty Road. AP Kohntopp stated from the
February 13th, 1996 meeting, according to Bart Parrish, he had a mobile home on the lot
for several years. Mr. Parrish never did verify that it had indeed been a rental unit during
that time. AP Kohntopp said it was his recollection that the court was vacant and perhaps
had been utilized for storage. AP Kohntopp gave a recount of requirements that were
placed on the nonconforming use as a condition to operate the mobile home court.
(attached).
Becky Parrish, 229 Parrish Lane was present and asked Dale Arnold to explain the time
line of completing the project. Mr. Arnold stated there is no disagreement that Becky is
required to install curb, gutter and sidewalk on Valenty Road, also no disagreement that it
should already been finished.
Mrs. Parrish explained she has tried, through two different contractors to complete the
requirements, but they did not do the job. Mrs. Parrish explained the circumstances.
Mrs. Parrish said one of the contractors came to the City to get started and the City told
him they were required to install a different and more expensive type radius curb cut.
Mrs. Parrish said the new required radius costs twice as much as the one they were
required to install at first. Mrs. Parrish said she talked to her Attorney, but he never got
back with her.
203
COUNCIL MEETING MINUTES - (cont.)
November 9th, 1999
VALENTY ROAD MOBILE HOME COURT OWNED BY BECKY PARRISH - (cont.)
Mr. Arnold stated he is having a problem with the City requiring a twenty foot radius
after originally requiring a straight approach. Mr. Arnold expressed the following
concerns: 1) this type of radius may not work for future development, Mrs. Parrish does
not believe this will stay a mobile home court in the future. 2) there was an agreement
entered into between the City and Bart Parrish to improve the property with a deadline.
Mrs. Parrish said she was not aware of this agreement until January of this year. Mrs.
Parrish said she was not working with Bart Parrish in the business. 3) Was under the
impression they would only have to install curb, gutter and straight curb cuts, just like the
other side of the street.
Attorney Holmes said the curb and gutter was not part of the conditions in 1996, the area
there is not zoned for mobile homes, but because there was one there for whatever reason,
it was approved on a temporary basis, with a three year review, a mobile home plan
complying with landscaping ordinance with grass from Valenty Road to the first mobile
home, and mobile home parking to be west of the mobile homes. When the review came
up for a three year review in 1999, that is when the curb, gutter and sidewalk was
required.
Becky Parrish was given a copy of the Staff Report and all copies of minutes related to
the requirements. Becky said she has no problem with installing the curb, gutter and
sidewalk.
Mr. Arnold asked for two concessions: 1) Straight type radius. 2) Concern about pouring
curb, gutter and sidewalk this time of the year, but willing to enter into an agreement,
guaranteeing the improvements will be completed in the Spring.
Attorney Holmes asked Becky Parrish if she would be willing to get a bond or post cash
to guarantee the improvements, explaining this will allow the City to complete the
improvements, if they are not completed, then invoice Becky Parrish. Becky Parrish said
she is willing to post bond as a guarantee to complete the improvements.
Councilman Kearns stated the reason the radius is an issue is because the curb was not
installed within the three year span as required, since then the City has adopted an access
management plan that requires the twenty foot radius.
205
COUNCIL MEETING MINUTES - (cont.)
November 9th, 1999
MOBILE HOME PARK ON VALENTY ROAD OWNED BY BECKY PARRISH - (cont.)
Councilman England moved to extent the deadline for improvements to Becky Parrish,
for the Valenty Road Mobile Home Park until May 15th, 2000, subject to 1) the details of
radius requirement be worked out with Staff. If an agreement cannot be worked out, the
matter will be reviewed by Council. 2) City will receive a guarantee bond or posted cash
by November 22 °d, 1999. 3) Radius, Curb, Gutter, Sidewalks and Landscaping
requirements, including automatic sprinkler system should be included in the bond,
Councilman Gunter seconded. Roll Call Vu�,�: Quick, absent; England, yes; Gunter, yes;
Kearns, no. Motion passes.
DAY CARE FACILITY BUSINESS LICENSE - Joeina Tomkinson, Little Angels Day Care
4732 Teton, Chubbuck, Idaho has applied for a Day Care Facility Business License to
operate at 4732 Teton, Chubbuck, Idaho.
Police and Fire Departments have recommended approval of the application.
Councilman Kearns moved to grant a day care facility business license to Joeina
Tomkinson, Little Angels Day Care, 4732 Teton, Chubbuck, Idaho, Councilman England
seconded. All council members present voted in favor of motion.
DAY CARE FACILITY APPLICATION - Shannon Melrose, Melrose Place, 4941 Whitaker
Road has applied for a day care facility business license to operate at 4941 Whitaker
Road.
Police and Fire Departments have recommended approval of the application.
Councilman England moved to grant a day care facility business license to operate a day
care facility at her home at 4941 Whitaker Road, Councilman Kearns seconded. All
council members present voted in favor of motion.
JORDAN'S PARK SUBDIVISION FINAL PLAT - Council reviewed the Jordan's Park Final
Plat.
Attorney Holmes stated there is a reserve strip that is in a right -of -way. There is language
on the plat that shows a reserve strip note indicating there will be a development
agreement that defines the terms of how Harold Scalf is reimbursed, the reserve strip will
be dedicated back to the City.
207
COUNCIL MEETING MINUTES - (cont.)
November 9 ", 1999
JORDAN'S PARK SUBDIVISION FINAL PLAT - (cont.) -
PWD Smart suggested the agreement be there, so it can be recorded with the final plat.
Councilman Kearns moved to approve Jordan's Park Subdivision Final Plat, subject to
the recording of instrument agreement that deals with the reserve strip, Councilman
Gunter seconded. All council members present voted in favor of the motion.
BUSINESS LICENSE APPLICATION - Bradley P. Barrott, 5486 Justin has applied for a
business license to sell Direct TV on the Green Triangle Parking Lot.
Police Department recommended approval of the business license application.
Councilman Gunter moved to grant a business license to Bradley P. Barrott, 5486 Justin,
Chubbuck, Idaho to sell Direct TV at the Green Triangle Parking Lot. Councilman
England seconded. All council members present voted in favor of the motion.
ORDINANCE #520 - Amending portions of Chapter 15.20, building moving, to have all permit
applications filed with and permits issued by the building official; to shorten the time for
compliance from 90 days to 60 days; to require permit fees to be assessed in accordance
with Title 1 A of the 1997 Uniform Building Code or such similar section of any other
building code adopted by the City Council.
Attorney Holmes and Mayor Cotant read Ordinance #520 in full for the second and final
reading.
Councilman England moved to dispense with reading Ordinance #520 on three separate
days, Councilman Gunter seconded. Roll Call Vote: Quick, absent; England, yes; Gunter,
yes; Kearns, yes.
Councilman Gunter moved to adopt Ordinance #520 as read, Councilman Kearns
seconded. Roll Call Vote: Quick, absent; England, yes; Gunter, yes; Kearns, yes.
ORDINANCE #521 - Amending Section 5.28.020 to set forth the requirements to be a massage
therapist, including successful completion of a course of training, completion of a
minimum liability insurance of one hundred thousand dollars, ($100,000.), and display of
a certificate of completion of course training.
Attorney Holmes read Ordinance #521 in full for the second and final reading.
PTO] s
COUNCIL MEETING MINUTES - (cont.)
November 91h, 1999
ORDINANCE #521 - (cont.)
Councilman Gunter moved to dispense with the rule of reading Ordinance #521 on three
separate days, Councilman Kearns seconded. Roll Call Vote: Quick, yes; England, yes;
Gunter, yes; Kearns, yes.
Councilman England moved to adopt Ordinance #521 as read, Councilman Kearns
seconded. Roll Call Vote: Quick, yes; England, Gunter, yes; Kearns, yes.
CLAIMS - Computer print -out claims presented to Mayor Cotant and Council.
Councilman Kearns moved to approve computer print -out claims as presented,
Councilman Gunter seconded. All council members voted in favor of the motion.
At 8:23 p.m., Councilman England moved, Councilman Kearns seconded, with full council
approval to adjourn meeting.
Awe-
Ron C. Conlin, City Clerk