HomeMy WebLinkAbout09 09 1986 CM159
COUNCIL MEETING MINUTES
September 9, 1986
Minutes of a regular meeting held in the city mundcipal building,
September~9, 1986.
Present: Mayor John O. Cotant, Jr., Councilmembers Becky A. Hopkins, Steven M.
England, Boyd L. Fullmer, Attorney B. Lynn Winmill, Engineer Steven M. Smart
and City Clerk Ron C. Conlin. Councilman Leroy S. Quick was excused.
Meeting was call to order at 7:38 p.m. by Mayor Cotant.
INVOCATION was given by Bishop Roger Jones, 39th Ward, Church of Jesus Christ of
Latterday Saints.
APPROVAL OF MINUTES - Mayor Cotant asked for corrections and additions to minutes
of August 26 and Special Meeting Minutes of September 2, 1986.
Councilwoman Hopkins moved to approve the minutes of August 26, 1986 as read with
the following addition just before adjourning the meeting: "Land Use & Development
Commission Chairman ~Ande~on' asked Councilman Fullmer to inform the Council that
three very demanding public hearing items have had legal questions and the
Attorney was not present at the meeting, and a preliminary plat, discussion of
streets, where the City Engineer was not present. Councilman Fullmer suggested
that when items of this nature are on the agenda, the Attorney and Engineer
be present at the meeting or have substitute that can answer questions that~might
arise. Councilman England seconded. All councilmembers present voted in favor
of motion.
Councilwoman Hopkins moved to approve the minutes of September 2, 1986 as read.
Councilman Fullmer seconded. All councilmembers present voted in favor of motion.
BUSINESS LICENSE APPLICATION - Dan Williamson, 5102 Hawthorne had applied for a
business license to conduct an auction at 5102 Hawthorne sometime in September.
The Business License Application appeared on the August 26, 1986 Council Meeting
Agenda, but Mr. Williamson misunderstood and did not think he was required to
be in attendence at the meeting, so the license application was tabled at that
time.
Mr. Rod Garringer was present representing Mr. Williamson.
Mr. Ga~ringer explained to Mayor Cotant and Council how they planned to conduct the
auction.
Councilman Fullmer asked if there is plenty of space for parking. Mr. Garringer
stated there is a good sized area for parking in back of the house.
Mr. Garringer stated he was not sure which day the action would be held.
Councilwoman Hopkins asked if the residents in the area had been notified, informing
them of a possible auction. The residents have not been notified.
Councilman Fullmer said if the license was approved it should be stipulated that
the only material sold should be the items that is there now and not be allowed
any additional material to be sold at the auction.
Mr. Garringer felt the auction would last about 5 hours.
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BUSINESS LICENSE APPLICATION - AUCTION AT 5102 HAWTHORNE - (Cont.)
Mayor Cotant suggested the auction be held on a Saturday. The auction shoul~
be held on the 20th or 27th of September or the 4th of October depending on
which one day Mr. Williamson would want to hold the auction. It was suggested
the Pollice Department talk to Mr. Williamson before the auction to see what he
has to sell through the auction so there is not additional mechandise sold.
Councilman Fullmer moved to approve a business license to Mr. Williamson to hold
an auction at 5102 Hawthorne Ave. on the 20th or 27th of September or the 4th of
October, depending which one day Mr. Williamson decides, subject to: 1) The
immediate review by the Police Department of the merchandise that is stored that
would be involved in the auction and a follow-up on the day of the auction.
2) Mr. Williamson would be required to notify the Police Department the day of the
auction~ 3) The Police Department would monitor the area to make sure all parking
requirements are met. 4) This is a one day license. Councilwoman Hopkins seconded.
All councilmembers present voted in favor of the motion.
BUSINESS LICENSE APPLICATION - William P. Elkins, Sun Circlulation has applied for
a business license to sell magazines door to door. Mr. Elkins was not present at
the meeting.
After discussion Councilman Fullmer moved to deny Mr. Elkins a business license to
sell magazines door to door in the~City of Chubbuck because Mr. Elkins was not
present at the meeting after he had been told he should be in attendance to
answer any questions that might arise. The council wanted to discuss wit6 Mr.
Elkins the legitimate concern as to the potential for consumer fraud. Council-
woman Hopkins seconded. All councilmembers present voted in favor of motion.
INTERMOUNTAIN MOBILE HOMES - RANDY KRESS - Review of the Land Use & Development
Commission's decision to grant Randy Kress an extention of the requirements to
have curb, gutter and sidewalk installed on East Linden Road for an additional
18 months.
At the August 7, 1986 Land Use & Development Commission's meeting the Commission
discussed with Mr, Kress the requirement he have curb, gutter and sidewalk installe.
on East Linden in 18 months. Mr. Kress stated he had met with the Mayor and Council
over'baying, an insurance office in a mobile home and had agreed to have a permanent
building, with curb, gutter and sidewalk in three years.
Mr. Kress was presenta~the meeting and stated he somehow got the opinion he would
not have to install the curb, gutter and sidewalk until the permanent building
was put in three years or January 1988.
Mr. Kress felt it would be cost effective to wait and put the curb, gutter and
sidewalk in the summer of 1987.
Engineer Smart stated he has recieved calls from residents and businesses asking
why the city ordinance is not being enforced.
Councilwoman Hopkins stated she felt there is a weed problem on Mr. Kress's
property on East Linden. Mr. Kress stated he would make a better effort to keep
the weeds off the property at once.
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INTERMOUNTAIN MOBILE HOMES - RANDY KRESS - (Cont.)
After discussion Councilman England moved to uphold the Land Use & Development
Commission's decision to extend Mr. Kress's Conditional Use Permit requirements
another 18 months for a total of 3 years. Councilman Fullmer seconded. Roll Call
Vote: Hopkins, no; England, yes; Fullmer, yes; Quick, Absent. Motion passed.
FINAL PLAT - K SUBDIVISION - Engineer Smart stated he had reviewed the K Subdivision
Final Plat~and the final~plat i~ ready to accept.
Mrs. Kathleen Kunz, 4801Whitaker was present. Mr. Tim Shurtliff was present
representing Mrs. Kunz.
Discussion about the right a way dedication and landscaping.
After discussion Councilman Fullmer moved to accept the K Subdivision Final Plat.
Councilman England seconded. All councilmembers voted in favor of motion.
RESOLUTION #14-86 - A resolution adopted pursuant to the provisions of Chapter 13.20
of the Chubbuck Municipal Code, providing for the extension of the city's sewage
collection system at the City's expense; making certain finding of fact as required
by Chapter 13.20 of the Chubbuck Municipal Code; and establishing the method
by which the City will be reimbursed by individuals or entities connectiDg_to
said extension of the City's sewage collection system.
Engineer Smart stated the cost of installing the line all,the way down-Homestead, is
$23,259,00. Includes street repair and a high labor cost. I~ the City decides
tO put only 2 manholes the cost will be approx. $15,539.00. ~he reason for the
high labor cost is because of not knowing how many rocks will have to be removed
while installing the sewer line.
Discussion about how far down Homestead Road the City should install the sewer line
Engineer Smart suggested the City install the sewer line all the way on Homestead
Road, because it would be less expensive to install at onetime..
Attorney Winmill read Resolution #14-86 in full to Mayor Cotant and Council.
Councilman England moved to adopt Resolution #14-86 as read. Councilman Fullmer
seconded. All councilmembers present voted in favor of motion.
RESOLUTION #15-86 - A joint resolution of the Cities of Chubbuck and Pocatello,
municipal corporations of Idaho, declaring the intent of the councils to aid in the
operation of the magistrate division of:the district court of the sixth judicial
district, State of Idaho, by making a voluntary annual appropriation to the court
to defray operation costs; declaring the cities' intent to make a combined annual
payment of $50,000.00, beginning Fiscal Year 1988-89.
Attorney Winmill read Resolution #15-86 in full to Mayor Cotant and Council.
After discussion Councilman England moved to adopt Resloution #15-86 as read.
Councilman Fullmer seconded. All councilmembers present voted in favor of the
motion.
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ORDINANCE #285 - An ordinance amending chapter 8.08 of the Chubbuck Municipal
Code so as to provide that at least one supervisor, eighteen (18) years of age or
older shall be on duty at any fireworks stand licensed pursuant to said chapter
and prohibiting any person, sixteen (16) years of age or younger to be inside
or work at or about the premises of a fireworks stand.
Attorney Winmill reported Ordinance #285 was not published at the required time
and asked that the Council adopt Ordinances#285 again.
Councilwoman Hopkins moved to dispense with the rule of reading Ordinance #285
on 3 separate occasions. Councilman England seconded. Roll Call Vote: Hopkins, yes
England, yes; Fullmer, yes; Quick, absent.
Councilman England moved to adopt Ordinance #285 as read. Councilwoman Hopkins
seconded. Roll Call Vote: Hopkins, yes; England, yes; Fullmer, yes; Quick, absent.
CLAIMS - Computer print-out and handcheck claims have been presented to Mayor Cotant
Council.
After discussion Councilwoman Hopkins moved to approve the computer print-out and
handcheck claims as read. Councilman England seconded. All councilmembers present
voted in favor of motion.
GENERAL DISCUSSION -
1)
Attorney Winmill reported he sent a letter to Ivan Leglar critizing a response
from the City of Pocatello asking the City of Chubbuck to support the establish-
ment of an ambulance district. Attorney Winmill stated the draft resolution
the City of Pocatello sent, gave a financial breakdown on what it would take
to operate an ambulance district. Attorney Winmill said he would like to get
authority from the Council to have an auditor examine the figures the City of
Pocatello presented. Attorney Winmill stated several of the costs the City of
Pocatello presented looked like the costs might be excessive. The Council
gave Attorney Winmill the authority to present the figures to an auditor.
At 10:00 p.m., Councilwoman Hopkins moved, Councilman England seconded, with full
council approval to adjourn meeting.
Ron C. Conlin, City Clerk