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HomeMy WebLinkAbout04 23 1974 CM P41Minutes of regular meeting of the mayor and council held in the city municipal building April 23, 197~. Present: Mayor Cotant, Councilmen Kinghorn, Menard, Romriell and Taylor. Attorney Burnett and Clerk Vera Armstrong. Mayor Cotant palled meeting to order at 8:00 p.m. Mayor asked if any corrections, deletions or additions are to be made to minutes of April 9 and ~6 meetings. Councilman Romriell informed city clerk she had failed to enter the second and vote on the variance request motion at public hearing memeeting of April 16. Councilman Menard requested his statement informing those present at public hearing any rezoning, etc would need to be done according to ordinance requirements.be added to minutes of April 16. Councilman Kinghorn asked that statement he made that he was concerned that the density of four-plex construction would cause increased traffic and be a hazard to '4oth~ area be added to special hearing minutes of April 16. Attorney Burnett request the following be added to minutes of recessed meeting held April 16th on attorney's report of insurance ~overage. However, Mr. Kruse is awaiting confirmation from the company. PUBLIC HEARING ITRMS: Dan E. and Ellen E. Kunz, ~57 Whitaker Road requests a conditional use permit to allow them to build and operate a reception center on the west side of the ~OO block, Whitaker Road, which is in a Residential -2 Livestock zone. Planning and Zoning commission recommended the council approve this request at the public hearing on same last Thursday evening. The council have reviewed these plans previously and Councilman Taylor moved the council approve the conditional use permit request of Dan and Ellen Kunz with the stipulation a six foot screened fence along each side of property be constructed and a fifty foot black topped driveway and black topped parking areas be provided. Menard seconded motion with all councilmen voting in favor of motion. CONDITIONAL USE PERMIT REQUEST - Lee and Lois Lenon have requested to use the Primitive Baptist Church on the corner of South Lucky and ~dams Drive as a reception center. P & Z recommended the council deny this request. Kenas Acres, secretary of the church board presented a recommendation that the conditional use be allowed. Wayne Newby, Dan Raney, Duane ~earns, Darrell Burrow~ and James Stones all voiced objection to the conditional use permit request. Councilman Kinghorn wondered if the building could be used as an apartment building. Councilman Romriell informed those present Mr. Lenon had contacted him and asked him to relay the message that Mr. Lenon would not push the request if the residents did not care to have this business located in the area. ~ayor recommended the council follow the P & Z recommendaation. Councilman Kinghorn moved the council deny the conditional use permit request of Lee Lenon. Taylor seconded with all councilmen voting in favor of motion. DOG CLAIM - Attorney Robert C. Huntley, Jr. and Connie Stoneburg were present and reviewed the formal written claim he had presented to the city earlier. Copy of letter attached to these minutes. Jim Miller gave his account of the mishap as follows. Mr. Miller stated he had been to Ms Stoneburg's residence several times and dog had not been tied. Chief Stone and Mr. Miller had received calls the dog was disturbing in the area on Sunday. A 5 year old girl on Parrish Lane had been scared by dog the dog and the girl's father threatened to kill dog. Monday morning at daylight several RACINE, HUNTLEY & OLSON March !9, 1974 City of Chubbuck .. 5160 Yellowstone Avenue Chubbuck, Idaho 83201 Attention: J. O. Cotant Gentlemen: This letter is to place a formal claim for the un- warranted death of Ms. Stoneberg's German Shepherd dog which was handled by Chubbuck's DOg Catcher. It is my understanding that the dog was picked up sometime on the 25th of February and taken into the retaining zaclll~y at Dr. Hutchinson's Clinic. Although the dog was already dead, or at least in difficulty from the tranquilizing dart with which he had been shot~ as best as we can deter~ine at the time he was brought in, the Dog Catcher, Mr. Miller, did not bother to have anyone at the clinic look at the dog, but merely brought the dog into the kennel and told someone at the office the dog was there. Since the dog weighs in excess of 90 pounds and since one cartridge of nicotine sulfate cannot kill a dog over 60 pounds, it is obvious that either the Dog Catcher shot the dog with'several rounds o~ he hit the dog ~n a vital area. After bringing the dog to the kennel, Mr. Miller engaged in acts of deceit and dishonesty which indicates to me that ke should be suspended from employment. in addition to not telling Dr. Hutchinson that {he dog was either dead or in extremis, Mr. Miller had Connie notified that she could go to the'Clerk's office and get a release of her dpg by paying the appropriate fees and getting an up-to-date dog license without telling her that the dog was dead, although he well knew the dog was dead. Connie went to the Clerk's office, paid the fees and then found out the dog was dead when she went to pick him up. Between the time that the dog was taken in by the Dog Catcher and the time a day later when Connie came to get the dog, Connie's roo~%~ate, Chris Fountain, called the Chief of Police to find out about the dog and the Chief of Police reported back to Chris that ke had checked with the Dog Catcher and the Dog Catcher had told the Chief of Police that the dgg was coming out of the effects of the tranquilizer. Mr. Miller made that false report to the Chief at the time when he knew that the dog was already dead. Dr. Hutchinson verifies that he had already told Mr. Miller that the dog was dead hours be~o~e Mr. Miller. gave the false information to the Police Chief. Mr. Miller's contact with Chris in which he informed Chris that the dog could be picked up was also made after Hutchinson had already told him of the death of the dog. It is had been picked up, tranquilizers. further interesting to note that after the dog Mr. Miller was ~aking inquiries about different We would think that Mr. Miller should have been know- ledgeable about the tranquilizer's that he was firing in his. gun before using them. · This letter is to advise that Ms. Stoneberg is making claim against the City of Chubbuck for' $$00.00 for the'loss of her dog and she is also making claim against Mr. Miller for $500.00 for punitive damages. RCH:dh Very truly yours, ROBERT C. HUNTLEY,~ ~JR. ~/ "' Connie Stoneberg (page 2 of April 25 minutes) dDgs were ru~ning in Burnside area. The largest black german sheppard dog was identified as dog that scared the girl on Parrish Lane. Mr. Miller said he shot dog with tranquilizer at 8:00 a.m. and took dog to vet clinic kennel. He talked to no one because t~e~ were not open. Mr. Miller told ~onnie's roommate Monday afternoon tha~V~as at the ker~nel. Jim Miller shot the dog with one 65~ dosage. Tuesday morning Mr. Miller found out the dog had died and asked the veterinarian what he had done wrong. Mr. Hutchison told him that all dogs reant to shots differently and he co~d not tell him what caused the dog to Ms Stoneburg said she had allowed her dog to ~ at large. Attorney Huntley asked where the dart hit the dog and Mr. Miller said he could not remember. Mr. Huntley asked council to investigate the matter further. Attorney Burnett told Mr. Huntley it would be incumbent upon him to bring council f~rther information. Attorney Burnett suggested the council deny the claim until further information is submitted. M~. Huntley made the statement he felt the dog catcher should have informed Mr. Hutchison he had shot the dog with tranquilizer go_u so the dog could have been watched. STREET REPAIRS - STUART AVENUE - Mrs. Allen Pierce, spokesman for residents from Stuart Avenue read letter of complaint about the poor condition of Stuart Avenue. Mayor Cotant informed the residents the construction company had the street set for repairs soon. Mayor also informed the residents the c&ty had installed a new water line On the street adding to the poor condition of street. Councilman Romriell told the residents the advantage of having the water line replaced at this time when the street is broken up anyway. Residents asked if their street could be bladed. Mayor Cotant said he would call Oregon and request the street be graded and watered. Councilman Kinghorn thanked the citizens for being so ~tient with the bad streets. Mayor also thanked the residents of Stuart for their patience with all the construction. CLAIMM - Councilman Romriell suggested that when a claim is presented it should be taken down in shorthand om on tape. Attorney said thisdwould be a good idea. Councilman Kinghorn moved the city purchase a tape recorder. Romriell seconded with an unanimous vote in favor of motion. Council,man Romriell suggested keeping records on all matters that might become a court case. Attorney Burnett agreed it would be helpful if Mr. Miller would make written reports on incidents of using the tranquilizer gun. Also, if a record could be kept on complaints of dogs running loose. FINGERPRIntING EQUIPMENT - Councilman Taylor asked council if they felt they should approve fingerprinting equipment for police department. Councilman Taylor to check with police department of exact cost of equipment. HAND RADIO SYST~ - Councilman Taylor suggested city acquire some hand radios for communication with J~e and Jordon whgn ~h~y'a~e ~u{ ~n construction. The city has a base and two radios and council suggested these be checked out for efficiency and possible use. FIRE DEPAR~IMENT RADIO SYST}~ - Fire Chief Denny Jones informed counc~_l the radio system proposed for their department would not ellow the usage of police band and permit communications between ~ehioles without additional receiver and crystals which would cost an additional $200.0© per unit. Councilman Menard suggested checking types of radios best suited to needs of fi~!~epartment. Council agreed they would 1Lke someone to explain what is available and what radio setup might be best. Chief Jones was requested to arrange to have someone in radio communications explain different systems available. BACKHOE PURCHASE - Mayor asked council if they eared to reconsider purchase of backhoe. Mayor said he felt by buying the used machine the city would have two old machines that would need traded in within a couple years and it might be in the best interest of the city to purchase a new machine at this time. After thoroughly discussing the issue Councilman Menard moved the city reject all bids and then the city lease-purchase the new 197A Massey Ferguson backhoe- loader from Massey Ferguson, Inc., American Falls, Idaho. Roll call vote: Kinghorn, yes; Menard, yes; Romriell, yes, Taylor, no. SEWER HOOK-UPS - Councilman Menard asked i£ subdivision developers were paying sewer hook-up fees passed in the ordinance. Mayor and council discussed the ordinance requirement of charging sub-division developers and trailer park developers a $200.00 hook-up for each tie in to the city sewer line in their development plus $10.00 for each additional unit in division or development. Mayor and council agreed to request the developers meet with city and resolve what charges are due and the city is to request payment. BU~,DING PERMIT FOR TRAILERS - Councilman Menard said the city should adopt an ordinance requiring building permits for placement of trailers on residential trailer lots. SNSURANCE COVERAGE - Councilman Menard moved the city instruct Kruse Insurance to add coverage to insurance policy for $100.00 deductible instead of $500.00 deductib~ on all city vehicles. Taylor seconded motion with all councilmen voting in favor. MOTORCYCLE NOISE - Councilman Menard suggested to mayor and council that some action be taken to control motorcycle riding and noise caused by same on private property in several areas of city. Attorney Burnett said it would probably require an ordinance plus purchase an audiometer to measure the decibels of noise. GARBAGE CANS - Councilman Kinghorn mentioned he thought the city ouEht to send a letter out to residents of city reminding them of the requirement to remove thei~ garbage cans from the street within 12 hours and any other message the city would care to transmit to the residents at this time. GAS LINE - Councilman Kinghorn question the exposed gas lime on Evan's Lane and proposed someone look into this. EVAN,S WATER LINE - Councd2man Kinghorn reported he had talked ~ith Mrs. Dean Overdorf about ~ater easement line and thought perhaps something can be worked out with her for a water line easement to provide water to Evans Lane. Meeting adjourned at 11:~5 p.m. Vera C. Armstrong, Clerk 6/John 0. Cotant, Jr.,~ Mayor