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Home My WebLink About11 24 1989 CM169 COUNCIL MEETING MINUTES November 14, 1989 Minutes of a regular meeting held in the city municipal building, November 14, 1989. Present: Mayor John O. Cotant, Jr., Councilmembers Leroy S. Quick, Steven M. England, David A. Landon, Dwain A. Kinghorn, Attorney Thomas J. Holmes, Public Works Director Steven M. Smart and City Clerk Ron C. Conlin. Meeting called to order at 7:34 p.m. by Mayor Cotant. APPROVAL OF MINUTES - Mayor Cotant asked for corrections or additions- to the minutes of October 24, 1989, and Special Meeting Minutes of November 9, 1989. Councilman Kinghorn moved to approve the minutes of October 24, 1989 as read. Councilman Quick seconded. All councilmembers voted in favor of motion. Councilman Quick moved to approve the Special Meeting Minutes of November 9, 1989 as read. Councilman Kinghorn seconded. All council- members voted in favor of motion. BEER LICENSE APPLICATION - Tom D. Manolis, dba Tom's Gyro & Burgers, 4230 Yellowstone Ave. has applied for a beer license to sell beer on premises at 4230 Yellowstone Ave. Councilman Kinghorn moved to grant a beer license to Tom D. Manolis dba Tom's Gyro and Burger at 4230 Yellowstone Ave. Councilman Quick seconded. All councilmembers voted in favor of motion. APPEAL OF DECISION OF LAND USE AND DEVELOPMENT COMMISSION - Gary Ratliff, 4970 Apache, has appealed a decision of the Land Use & Development Commission that was held October 5, 1989. Mr. Ratliff applied for a conditional use permit, to build a mini-storage at 201 W. Linden. Mr. Ratliff stated he is not appealing all the decision of the Land Use & Development Commission, but, 1) the 6' screening fence require- ment along the east boundary. 2) Having to screen the north boundary and also required to beautify the northern boundary, Mr. Ratliff said he would not mind doing one or the other, but, not both. Mr. Ratliff presented photos to Mayor Cotant and Council, explaining the mini- storage would improve the looks of the area. Mr. Ratliff said he did not feel there was a reasoning for the screening, he felt the building is a screening in itself. Mr. Ratliff said he felt there would be no significant traffic increase. Mike James, 208 W. Linden said he was not in favor of the project in the first place, he would like the requirements of the Land Use & Development Commission left in place. Mr. James stated the traffic has increased since the project started. 171 APPEAL OF LAND USE AND DEVELOPMENT COMMISSION DECISION - (Cont.) Bill Slaven, 147 W. Linden stated he would want the screening require- ments upheld. Mr. Slaven said he is in a dispute with Mr. Ratliff over Mr. Slaven's water rights, because Mr. Ratliff covered up his ditch. Mr. Slaven asked the council to stop the project until the dispute on Mr. Slaven's water rights is settled. Mr. Ratliff said he did not fill in the ditch, it was filled in several years before. Mayor Cotant told Mr. Slaven the water rights issus~ should be decided between Mr. Slaven, Mr. Ratliff, Fort Hall irrigation and the court. Bill Aller, 222 W. Linden stated he is not in favor of more commerical property next to his residential property, without at least some screening or buffering. Mayor Cotant asked the residents present at the meeting, if all the conditions placed on the proposals are met, will there be opposition. There was no comment. Mr. Ratliff asked why he could not get a copy of the minutes of the October 5, 1989 Land Use & Development Commission Meeting. PWD Smart stated the minutes have not been approved, therefore the minutes are not available until they are. Mayor Cotant stated the minutes are mot clear, they should be approved before the council can make a decision on the appeal. After discussion, it was decided the Land Use & Development Commission will meet, Thursday, November 16, 1989, or Tuesday, November 21, 1989 to make clear and approve the Land Use & Development Commission Meeting Minutes of October 5, 1989. The appeal is tabled until the November 28, !989 Council Meeting. After the October 5, 1989 Land Use & Development Commission Minutes are approved, the residents and Mr. Ratliff will get copies for review. MOBILE HOME COMPLAINT AT BLUEBIRD AND HILINE RD. - Ron Shannon, 521 Albat- ross stated Parrishs' have moved in two separate halves of junk mobile homes. Mr. Shannon said they do not fit together and the property is toc narrow for a double Wide trailer. Mr. Shannon expressed the following concerns: 1. Possible fire hazard - Not enough room for firemen to respond to a fire. 2. It will lower property values in the area. 3. Plumbing will not matchup. 4. Electrial will not matchup. 5. Not enough room on lot fo a double wide trailer. Mr. Shannon stated residents in the area take pride in their homes, they do not want the neighborhood turned to a junkyard. Jack Driever, 533 Albatross expressed concern of trash left on lot, when the last mobile home was removed. 173 MOBILE HOME COMPLAINT ON BLUEBIRD AND HILINE RD. - (Cont.) Dorothy Knoblich, 508 Albatross asked if the mobile home was checked out with the Building Inspector or Fire Marshal.. Mayor Cotant stated that will be checked out. After discussion, Mayor Cotant told the residents, the building inspect- or will check the mobile home for building and fire hazards it might have.'[The complaint will be put on the November 28, 1989 Council Meet- ing Agenda. Mayor Co%ant suggested the City advise residents~Qf p~o~ ress made. MULES ON EAST CHUBBUCK ROAD - John Valenty, 4803 Valenty Road said he felt the City did not have to send out threatening letters to get his weeds cut. Mr. Valenty said he has always responded to requests of the City. Mr. Valenty said, there are several areas around his property where the weeds were not cut. Mr. Valenty said there were no grandfather rights for animals across from the Doll House on E. Chubbuck Road. There were 4 houses there previously. Mr. Valenty stated Mr. Green has been harassing Mrs. Evans a~d.Mrs. Valenty. Mr. Valenty said he probably has legal grounds for sui{ against the City, for letting the conditions exist. Mr. Valenty expressed the following concerns: 1. Obnoxious odors - flys, insects, etc. 2. Fire hazard. 3. Breeding mules. 4. Nuisance. Mayor Cotant stated Mr. Green is in the process of applyiRg for a conditional use permit on the December 7, 1989 Land gse and Development Commission Meeting. Don Green stated, if the mules are required to be moved it will be a financial burden to Mr. Zane Hall, owner of the property. Mr. Green stated there are several dumpsters with food scraps put into them in the area, so, the whole problem of flys and insects are not all the animals. Mr. Green said he cannot control where the water puddles. Mrs. Evans, 146 E. Chubbuck stated Mr. Green can control the flow of water causing Where the water puddles~-Mrs. Green said this is the firs- year she has had a problem with flies, so, she believes the mules are causing the flies. Mrs. Evans said the only time the mules eat the bark off the tree is when the animals are hungry, she felts the mules are not getting fed properly. The Public Hearing will be held December 5, 1989, 7:30 p.m. at a Land Use and Development Commission Meeting. CITY STREET FINANCE REPORT - City Clerk Ron C. Conlin has prepared the City Street Finance Report. Idaho Code requires approval of City Street Finance Report by Council, with certification by Mayor Cotant. 175 CITY STREET FINANCE REPORT - (Cont.) After discussion, Councilman England moved to approve the City Street Finance Report and authorized certification of the same by Mayor Cotant. Councilman Landon seconded. All councilmembers voted in favor of the motion. FINANCIAL REPORT FOR THE MONTH OF OCTOBER was presented to Mayor Cotant and Council. POLICE DEPARTMENT REQUEST - Asst. Chief Jerry Rowland stated the Police Department budgeted $1,200.00 for repairs and service for the Police Department copy machine this fiscal year. ASst. Chief Rowland stated everytime Zerox comes to repair the copy machine, its a minimum $260...00 service call. Asst. Chief Rowland said they have been offered $600.00 trade-in for the old machine. Asst. Chief Rowland proposed the Police Department enter into a lease purchase, agreement. A.C. Rowland stated rather than pay the $1,200.00 for repair bill, the city purchase a new copier on a 4 or ~ year payment plan, at $1,200.00 per year. After discussion, Councilman Landon moved to approve the purchase of a new copier for the Police Department. Councilman Quick seconded. All douncilmembers voted in favor of motion. CLAIMS - Computer print-out and handcheck claims presented to Mayor Cotant and Council. Councilman Kinghorn moved to approve the computer print-out and hand- check claims as read. Councilman Landon seconded. All councilmembers voted in favor of motion. West One Bank Key Bank First Sec. Bank ~.~.~NC~ PROPOSALS ON FIRE STATION AND MAINTENANCE SHOP ADDITION - FWD Smart presented proposa~ from West One Bank, Key Bank and First Security Bank. Fire Station $141,991.50 Shop Sddition$81'28~e Interest Rate Lease Payment Interest Payment 8.64 $23,3~0~35 ~$13~340.2~ zor ~ payments 8.64 zor ~ paymen 8.2% (?) $21,356.82 f~ ~$12~225.33 for lu payme 7.84% $½9.481,14 or ±u payment~ 7.84 ~$11~151.77 [or lu payme 7.90% $25.189.48 7.90% fS]49419.a76E zor / payments payme~ FWD Smart gave a report on the finance proposals. Councilman Quick asked if we could take the 10 year proposal, then pay it off early to save interest. FWD Smart said he would check with the banks. 177 FINANCE PROPOSALS FOR FIRE STATION AND SHOP ADDITION - (Cont.) Attorney Holmes stated his firm handles the First Security Bank Account, and the Council needs to feel comfortable about having Attorney Holmes doing the paper work for both sides. PWD Smart said, on the City Build- ing addition, most of the paper work was drafted by legal~council in Boise. PWD Smart said First Security would want the funds disbursed by February 1990, or they would want to renegotiate interest rates. Mayor Cotant suggested we wait until spring, before a decision is made on the Fire Station. After considerable discussion, Councilman Kinghorn moved to approve the First Security Bank Proposal on the Maintenance Shop Addition only, subject to the proposal being the same rates, with the Maintenance Shop Addition only. The proposal is as follows: $11,151.77 for 10 payments at 7.84%. Councilman Landon seconded. All councilmembers voted in favor of motion. At 10:00 p.m., Councilman Kinghorn moved, Councilman Quick seconded, with full council approval to adjourn meeting. Ron C. Conlin, City Clerk n O. Cotant, Jr., Mayor