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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. 161 · 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. 163 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. 165 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