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HomeMy WebLinkAbout07 24 1979 CMCOUNCIL MEETING MINUTES JULY 24, 1979 137 Minutes of the regular council meeting held in the city municipal building July 24, 1979. Present: Mayor John O. Cotant, Jr.~ Councilmen Boyd L. Fullmer, Dwain A. Kinghorn, LeRoy S. Quick, Attorney Donald L. Burnett, Jr., Engineer Steven M. Smart, City Clerk Vera C. Armstrong, Councilman Earl L. Romriell excused. Meeting called to order at 8:00 p.m. by Mayor Cotant. Mayor Cotant asked for any corrections or additions to minutes of June 28, July 10, (special meeting and regular meeting). Mayor and council decided to wait until next meeting to consider approval of minutes of June 28 meeting. Max Parrish asked council if they did not promise at July l0 meeting that when the tabled matter of vacation of South Buffalo Road is again to be discussed, Land Investments, Inc. will be notified, and if so, could the minutes reflect this. Mayor and council agreed to the addition to minutes of July 10. Councilman Kinghorn requested the following addition to the Don Neves Public Hearing item: Councilman Quick read from the minutes of the Planning and Zoning meeting and it was reiterated to Mr. Neves that his business variance request was approved on the condition that it be reviewed on a yearly basis. Councilman Fullmer also noted that the second to the motion on approval of placement of sign for Don's Studio had not been entered in the minutes, and that he had made the second to the motion. Councilman Kinghorn moved that minutes of special meeting and regular meeting of July 10 be approved as corrected and with the above additions. Councilman Quick seconded motion, with all councilmen voting in favor. PUBLIC HEARING - SOUTH BUFFALO ROAD - No new developments on this agenda item. Max Parrish has requested that they be notified when this matter is further discussed. Councilman Quick moved to table the public hearing on the South Buffalo Road vacation until the first meeting in September. Councilman Fullmer seconded motion . All councilmen voted in favor. PUBLIC HEARING - CIRCLE IN STREET VACATION - Mayor Cotant reviewed the action concerning the vacation of Circle In Street with Attorney and Councilmen. No plans for development construction have been submitted to city. Councilman Fullmer moved to table public hearing on vacation of Circle In Street until the first meeting in August. Councilman Kinghorn seconded motion. The vote was unanimous in favor. BRISCOE SUBDIVISION - Franklin Briscoe has requested city accept water, sewer and street construction in the Briscoe Subdivision. Engineer Smart noted it would be necessary for city to release the deeded lot being held in Escrow. Attorney said a copy of theminutes should be all that is necessary. 139 BRISCOE SUBDIVISION ACCEPTANCE OF STREETS - Councilman Kinghorn moved that the city accept the construction of the water, sewer, and street construction in the Briscoe Subdivision. Councilman Quick seconded motion. All councilmen voted in favor. BUNCE, ALDER & BUNCE, INC. - DONATION OF PARK IMPROVEMENT FUND - John Alder Councilman Quick moved to table Item #4 on the agenda until the next meeting since John Alder is not present. Councilman Fullmer seconded motion with an unanimous vote in favor. COMPLAINT OF BUSINESS ACTIVITY IN RESIDENTIAL AREA - Bunce Subdivision - Several residents from Pleasant View Drive were present to make a complaint of a neighbor running a catering business at his place of residence. The party has a business operation in a commercial area of the City of Chubbuck, however, the trucks are parked at the residential area and the neighborhood residents reported the trucks are being stocked at the residence. Attorney Burnett, in reviewing the ordinances, reported that the trucks are not oversized to be parked in residential areas, and it appears they have met the off-street parking requirement. The zoning requirement that a business is not to be conducted in a residential area may be violated. Attorney Burnett suggested that Mr. and Mrs. Parley Lee be invited into the next council meeting to discuss this matter. Attorney Burnett added that if it turns out that they are not engaging in sufficient activity in that home to gener~lly'concl~ude tha~ they are running a business out of the house, then the neighbors fall back is to the restrictive covenants: but city cannot enforce restrictive covenants, the covenants themselves should state themethod by which they are enforced. Sharon Fougerouse complained about burning garbage either in back yard or fireplace and the smell of the smoke comes into their house early in the morning and is very offensive. Kenneth and Nancy Akers also stated smoke comes into their house and is very offensive. Attorney Burnett read from criminal code Ordinance #185, Section 3A, lA, that it prohibits burning any substance which makes an offensive odor. Attorney Burnett asked them to call an officer as a witness to this burning violation next time it happens. Mayor and Council decided to invite Mr. and Mrs. Parley Lee to the next council meeting. DONATION OF PARK IMPROVEMENT FUNDS - BUNCE, ALDER, & BUNCE: INC. - John Alder appeared at meeting and Councilman Quick moved to take Item #4, Donation of park improvement funds off the table. Councilman Kinghorn seconded motion with full council approval. John Alder informed mayor and council that Bunce, Alder & Bunce Inc. offers to donate $3,000.00 towards development of Mary's Park in the Mountain Park subdivision. 141 DONATION OF PARK IMPROVEMENT FUNDS - BUNCE, ALDER & BUNCE INC.-cont'd- Mr. Alder said they are ready to donate the money as soon as the city has plans for the development and improvement of this park. Mr. Alder suggested the city apply for a grant and perhaps use the $3,000.00 as matching funds. Mr. Alder added that they would prefer the park be developed as a neighborhood park. Mr. Mark Bunce also informed mayor and council that Mr. Noel Breneman is moving into the Mountain Park Subdivision right across from the park and has offered to donate several trees to be placed into the park in Mountain Park Subdivision. Mr. Bunce added that the trees would need to be moved this fall. GENERAL LIABILITY AND FALSE ARREST INSURANCE REPORT - Councilman Fullmer reported to the mayor and council that cities are a poor risk and insurance companies are not offering coverage. The present coverage with Safeco is the best coverage the city can get. Councilman Fullmer noted there is approximately $4300.00 difference in premium to be insured by Glacier General. Councilman Fullmer added that the coverage does differ, Safeco limi~are to $300,000 Glacier General's limit is $100,000, Safeco offers broader coverage, higher limits, an insurance company with the highest rating. Safeco has an A+ rating, Glacier General has a B+ rating. Councilman Fullmer added that if the city leaves the market of Safeco, and another company could not continue coverage, the city could not get back with Safeco. Councilman Fullmer said because of the broader coverage, higher limits and good rating of the company, he recommended to stay with Safeco for general liability and Wolfstone, Donley for the false arrest insurance. Mayor Cotant thanked Councilman Fullmer for his efforts and time involved in providing this insurance report. REVERSIONARY CLAUSE IN FIRE STATION DEED - Attorney Burnett informed mayor and council an agreement to release the reversionary clause in the Fire Station deed has been obtained from Leona Getty. The amount necessary to release the clause was $1,250.00. BURNSIDE LOCAL IMPROVEMENT DZSTRICT #1 - Attorney Burnett said he had contacted the new property owners of Rodeway Inn in Atlanta, Georgia and informed them that their installment on the L.I.D. is 20 days late. Attorney Burnett told council he thought it appropriate for city council to pass a certification of delinquency that the assessment is delinquent and has not been received. Attorney Burnett has prepared the resolution to this effect. RESOLUTION 7-79 - Certificate of Delinquency was read in full by Mayor Cotant. Councilman Kinghorn moved to approve the resolution certifying the delinquence of the Rodeway Inn property. Councilman Quick seconded motion. Roll call vote: Fullmer, yes; Kinghorn, yes; Quicks yes. 143 EVANS LANE - Councilman Quick asked how city was coming in getting proper easements and deeds to make improvements on Evans Lane. Engineer Smart said he was still working on getting these deeds. OMNIBUS SANITATION ORDINANCE - Attorney Burnett reminded council they have this ordinance to review and asked that it be placed on the next council meeting agenda for review. HOME OCCUPATIONS - Councilman Kinghorn asked for an outline or form to be prepared to specify and help determine what is allowed in home occupations in the new Land Use Ordinance. Attorney Burnett said he would prepare this. JONES CASE - Attorney Burnett informed mayor and council another hearing has been conducted and Denny Jones was required to complete the fence. Assuming that this has been done, that case may be closed. Mr. Jones also was ordered to pay $250.00 related to the last court costs. Attorney Burnett asked to be notified if the city does not receive this payment within a few days. AIC CONVENTION - Mayor Cotant reported on his attendance at the Association of Idaho Cities convention. Mayor Cotant reported the convention centered on the effects of the 1% initiative and that it was a good convention. Mayor Cotant was elected second vice president of the Association of Idaho Cities. Councilman Quick moved, Fullmer seconded with full council approval that meeting adjourn at 9:15 p.m. n~O. Cot an t~ d~/~ Vera C. Armstrong, City C~rk