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Home My WebLink About02 11 1997 CM11 COUNCIL MEETING MINUTES February 11, 1997 Minutes of regular meeting held at city municipal building, January 28, 1997. Present: Mayor John O. Cotant, Council members Leroy S. Quick, Steven M. England, W. Dean Wood, Marvin C. Gunter, Attorney Thomas J. Holmes, Public Works Director Steven M. Smart and City Clerk Ron C. Conlin. Meeting called to order at 7:30 p.m. by Mayor John O. Cotant. PLEDGE ALLEGIANCE TO THE FLAG APPROVAL OF MINUTES: Mayor Cotant asked for corrections or additions to regular meeting minutes of January 28, 1997. Councilman England moved to approve regular meeting minutes of January 28, 1997 as read. Councilman Wood seconded. All council members present voted in favor of motion. PUBLIC HEARING - An application by Jeff Butler, 424 S. Johnson, Pocatello, Idaho for a Planned Unit Development (PUD); change in Land Use District to Dense Residential, (R-4); Preliminary Development Plan with its accompanying preliminary plat for Western View Planned Unit Development at 311 West Chubbuck road. The property is presently zoned General Commercial, (C- 2). Mayor Cotant declared the public hearing open. Jeff Butler, 424 S. Johnson is the current owner of the property and triplex located at 311 W. Chubbuck Road. Mr. Butler proposes to build, two four-plexes with a detached, eight single car parking stalls on said property. Mr. Butler stated a homeowners association will be formed to maintain driveway, parking area, landscaping, and exteriors of all buildings. Mr. Butler stated each building will be two story and contain approximately 3850 feet of living space and will have a landscaped area around each building for the use of the tenants. The eight units will be approximately 962 square feet with two bedrooms and one and a half bathrooms. Mr. Butler plans to start construction of both four-plexes and garage immediately following approval of the final plat. Mr. Butler stated he just found out, D & S Electric has an easement access the entire length of this property, 30' wide. 13 PUBLIC HEARING - 311 W. CHUBBUCK ROAD - (cont.) Mr. Butler is working with D & S Electric on the landscaping requirement. Mr. Butler said he will keep City Staff involved in what he might have to do with required landscaping. Mr. Butler stated he will install the fencing recommended by the Land Use and Development Commission along the canal. Mr. Butler said he will install the required number of parking spaces. There being no further. comment for, or, against, Mayor Cotant declared the public hearing closed, asking comment from the Council. Councilman England moved to accept the recommendations of the Land Use and Development Commission and approve a change of Land Use District from (C-2), General Commercial to Dense Residential, (R-4), at 311 West Chubbuck Road. Councilman Gunter seconded. All council members voted in favor of motion. Councilman Wood moved to accept the recommendations of the Land Use and Development Commission and approve the Planned Unit Development Plan and Preliminary Development Plan with its accompanying Preliminary Plat for Western View Planned Unit Development at 311 West Chubbuck Road. Councilman Quick seconded. All council members voted in favor of motion. PWD Smart explained the Cash in lieu of Park Dedication Fee required. (eight households @ 400.00 ea. _ $3,200.00). Mr. Butler suggested the land and landscaping areas he proposes to install could be construed as recreation areas. PWD Smart stated the City would have to know how much land there is, as compared to the required park land required. Mr. Butler was directed to provide the City Staff with amount of land going to landscaping and recreation so the necessary calculations can be made and presented to the Council. PUBLIC AUCTION - The Mayor and Council of the City of Chubbuck, Idaho, have authorized by Ordinance the sale of the following described real property owned by the City and located at 5200 Yellowstone Ave.: The west 382 feet of Lot 14, Block 1, Diamond Court Subdivision to Bannock County, idaho, according to the official plat thereof on file in the Bannock county Records. Mayor Cotant declared the public auction open. There being no bids, Mayor Cotant declared the public auction closed. 15 PUBLIC AUCTION - (cont.) Mayor Cotant stated, Council will, in the future consider any proposals presented, in the best interests of the City. ORDINANCE - Eliminating a conditional use permit as a requirement for a Planned Unit Development, revising the PUD approval process. Attorney Holmes read ordinance by title only for the second. reading. Council tabled the ordinance until the February 25, 1997 Council Meeting. PROPOSED IMPROVEMENTS AT GREEN TRIANGLE CORNER - Mr. and Mrs. Rick Hillman were sent a letter inviting them to tonight's Council meeting to discuss possible alternatives to a proposed Local Improvement District at the Green Triangle Corner. The letter stated the total cost of curb, gutter and sidewalk and road improvements along the Green "T" frontage of Poleline and Quinn Roads is approximately $31,881. The monthly cost would be approx. $271.00 for an LID bond at 8% and 20 tears. George Southworth, Attorney for Rick and Elaine Hillman was present to discuss the letter. Attorney Southworth stated, after talking to Mr. and Mrs. Hillman, he was told they have obtained bids, and would propose they install the improvements proposed, by June 1, 1997. Attorney Southworth said the proposals they received came in a lot less than the City doing the work. Rick and Elaine Hillman request the City of Chubbuck mend the pavement between the street and gutter, Mr. Hillman said he will fill and compact. Rick Hillman asked he if he can have a curb cut on west side of building on Quinn Rd. Mr. Hillman felt the curb cut on Poleline Rd. will not provide a good exit or entrance. Mayor Cotant suggested Mr. Hillman's engineer get with City Staff on the proposed plans. The proposal is required to meet City Standards. Attorney Southworth was told the patching from street to gutter is responsibility of property owner. 17 MARCH 4, 1997 SCHOOL BOND IMPROVEMENT BOND ELECTION DISCUSSION - Councilman England moved to go on record saying, "We as a City Council encourage the residents of the City of Chubbuck to become informed, and to participate in the March 4, 1997 School Bond Election". Councilman Wood seconded. All council members voted in favor of motion. CLAIMS - Computer print-out claims presented to Mayor Cotant and Council. Councilman Wood moved to approve computer print-out claims as read. Councilman England seconded. All council members voted in favor of motion. At 8:25 p.m., Councilman Wood moved to go into executive session meeting as authorized by Idaho Code 63-2345 (a) to discuss a personnel matter. Councilman Quick seconded. Roll Call Vote: Quick, yes; England, yes; Wood, yes; Gunter, yes. 100% of council present voted in favor of motion. Discussion about disability retirement. No action or final decision was made. At. 8:55 p.m., Councilman England moved, Councilman Gunter seconded, with full council approval to adjourn to regular meeting from executive session meeting. PERSONNEL MATTER - Tom Myler, City Employee had a possible diabetic/ insulin attack that caused him to lose his body/motor skills and cause an accident on February 10, 1997 about 9:49 a.m. Considerable concern about potential liability the City has if an accident should happen if someone is injured, etc. After talking to his doctor a week or so ago, Tom Myler was trying to take a disability retirement, but found out he did not have the funds to get him by the five months required before he gets his first retirement check. PERSI cannot start the disability retirement process until Tom is off work. Not sure about how long before he can collect social security. Mayor Cotant asked Council how they felt about giving Tom severance pay to help him get by until the disability retirement kicks in. Councilman Gunter moved to give Tom Myler eight weeks medical severance pay. Councilman Wood seconded. All council members voted in favor of motion. 1$ At 9:00 p.m., Councilman Gunter moved, Councilman Wood seconded, with full council approval to adjourn meeting. 4JohnO. Cotant, Mayor Ron C. Conlin, City Clerk 0 6III1U0 Chubbuck Polic Dep artment rIu Uti OfficerMl3ow-up DR# 970565 uu..cr UUUUU Report Date: 02-1i-97 Report did 62647.x(53 3N 62647 .. .... .. .. ....... .. ...... .. . . . .. . e666e.6eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee6eeeeeeeeeeeeeeeeeeeeeeee Sub ect: AMBULANCE ASSIST ,ision Repor�ing: PATROL ritep.L nil„Time„Oce 02-1Q-�7 Lqc. Qf Occurrence: 61 Q„YELLQWfjTQI�S„ .. .... ............ eee.... .. .... eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee OFFICER INVOLVEMENT Officer's Name P# Assmt. ----------------------------------------------------------------------------- PHELPS, JAMES E. P003 ORDINANCE OFFICER ELLIS, JAMES BRYAN P025 PATROL ADDITIONAL PEOPLE INVOLVED (:PD�°. rS Sljs Y yiF5i7�v .. C.Cpr➢p)�i9aDtr.F'-F�tih�rr M: M° her ................. . asaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaa V1 Name: MYLER TOM DOB: 06-01-52 Ag: 44 Addr: 5160 fELLOWSTONE Sex: M Race: W E h. N CSZ: CHUBBUCK, ID HP: WP: 237-2400 ..41�4i...........................`l''�tify; aaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaa Cl Name: [B] CITY OF CHUBBUCK DOB: A e: Addr: Sex: Race: E h. CSZ: HP: WP: AKA: Testify;, eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee ''eeeeeeee a eeeeeee R- - -t Date: 02-11-97 Reporting Officer(s) P# Assort. Rep/Off. r�.. PHELPS, .AMES E. =003 ORDINANCE OFF; ELLIS, JAMES BRYAN P025 PATROL CHUBBUCK POLICE DEPARTMENT CONTINUATION SHEET —'3eport ID:62647.A03 DR#:970565 ,fficer:CAPT. JAMES E. PHELPS Date:021097 Subject:MEDICAL EMERGENCY SYNOPSIS:ON 2-10-97 AT 9:49AM I RECEIVED A REPORT FROM CITY OF CHUBBUCK PERSONNEL THAT THERE WAS A ACCIDENT/EMERGENCY RIGHT ACROSS THE STREET FROM THE CITY OFFICES, INVOLVING A CITY OF CHUBBUCK EMPLOYEE AND CITY PROPERTY. DETAILS: A. ON 2-10-97 RECEIVED A REPORT FROM THE CITY OFFICE PERSONNEL THAT THERE WAS A ACCIDENT RIGHT ACROSS THE STREET FROM THE CITY OFFICES, INVOLVING A CITY EMPLOYEE AND A CITY VEHICLE. B. ON ARRIVAL AT THE SCENE WITH SEVERAL OTHER CITY EMPLOYEES, FOUND THAT CITY EMPLOYEE TOM MYLER HAS BEEN OPERATING A CITY STREET SWEEPER AND HE HAD COLLIDED WITH A LARGE WOODEN POLE THERE WAS NO DAMAGE TO THE POLE OR CITY EQUIPMENT. C. IT WAS FOUND THAT TOM MYLER HAD A MEDICAL PROBLEM, POSSIBLY DIABETIC/INSULIN ATTACK THAT CAUSED HIM TO LOSE HIS BODY/MOTOR SKILLS AND THIS CAUSED THE ACCIDENT. D. AT THE SCENE TOM WAS UNABLE TO TALK OR COMMUNICATE AT THIS TIME WITH THE PERSONNEL TRYING TO GIVE AID. E. POC. AMBULANCE ARRIVED AT THE SCENE AND GAVE MEDICAL ASSISTANCE TO MR. MYLER AND THIS BROUGHT HIM BACK AROUND TO WHERE HE WAS COHERENT. F. IN REVIEWING THE SCENE OF THE ACCIDENT WITH BRYAN HALL CITY OF CHUBBUCK MAINTENANCE SUPERVISOR I COULD OBSERVE WHERE MR. MYLER HAD BEEN NORTHBOUND ON YELLOWSTONE FROM THE AREA OF CHUBBUCK AND YELLOWSTONE SWEEPING THE CURBS OF THE ROAD. DURING THIS TIME YOU COULD SEE WHERE THE STREET SWEEPER MISSED ALOT OF THE AREA HE WAS SUPPOSE TO SWEEP. G. WHEN THE STREET SWEEPER CAME TO THE AREA OF HIWAY AVE & YELLOWSTONE STILL NORTHBOUND THE SWEEPER WAS NOT PICKING UP ANY OF THE DEBRIS AS IT GOT IN FRONT OF THE CITY OF CHUBBUCK OFFICES THE VEHICLE AND OPERATOR THAT VEERED TO THE LEFT IN A ""ARC"" TYPE FORMATION FOR 204 FEET VEHICLE CROSSED THE NORTHBOUND LANE, TURN LANE AND SOUTHBOUND LANE AND THAN CAME TO A STOP AFTER HITTING A POLE. H. ONCE THE AMBULANCE PERSONNEL CLEARED THE AREA AND MR. MYLER SEEMED TO BE OK HE WAS TAKEN HOME BY CITY PERSONNEL. I. I ALSO CONTACTED BRYAN HALL MAINTENANCE SUPERVISOR FOR THE CITY OF CHUBBUCK AND HE WAS GOING TO WRITE UP A STATEMENT REF: WHAT MR. MYLER HAD EXPRESSED TO HIM ABOUT THE ACCIDENT. WHITE — ORIGINAL YELLOW — SUPERVISOR'S COPY SUPERVISOR'S ACCIDENT REPORT Employer '- '" /1313Ve' 1 Organizational code Name of employee t Tei° r•� �yLe r Address 5 Occupation � -ill e'��`? '� — Location code Location of accident Jr C i Date of accident F� /3! 19 !K_7 Time g• 3 PM Date Supervisor notified �� 6 — 19 '77 Time ± �t7PM Was employee on duty at time of accident? V-Iwe'=5 o , Did employee leave work? Date �� ime PM AM Did employee return to work? Date Time PM How did accident happen? (State specific job being done, machinery, tools or objects involved and factors contributing to the accident) ?o " r.&-4 S 5 P, h u $'72'e •e,. 7`5 cZ_ ATI ACA Y?2acTro Names of witnesses Nature of injury �Q ' (Gut, bruis�train, etc.) Part of body liLE' i J 60 (Right leg, left ankle, lower back, etc.) Name and address of treating physician or hospital k✓yi 5• 7? -e-, TsV i3 V a vh 13uLg hG c_r 21" Was accident caused by noncompany person or faulty equipment? If yes identify: Were mechanical guards or other safe guards provided? Was employee using them? V'4�15 What corrective action has been taken to prevent similar accidents? 7- L e T Ve Date ��J / 19.0 Sup sor Reviewed by: State Insurance Fund Boise, Idaho 83720 SIF 17-82 Rev 8/84 Position 00. February 10, 1997 RE: Tom Myler At approximately 9:30 a.m. Monday, February 10, 1997 Steve Smart called me on the radio informing me that whoever was driving the street sweeper had just run into something just north of the city offices and was slumped over the wheel. Tom was in the sweeper and ran into a fence post on the west side of Yellowstone Highway. He was sweeping the east side of the road. In assessing the situation, Tom was having a severe insulin reaction, not like any I had ever seen him have before. 911 was called and he received medical attention, then was sent home to finish recovering. I notified his oldest daughter in Springfield of the situation, but the person I spoke to told me that she was on her way to Pocatello to see him. Listed below are time line events of Tom's morning. 8:00 a.m. Very talkative. Told me all about his trouble with his youngest child. 8:15 a.m. Tom went out to warm up the sweeper and get it ready for the day. 8:30 a.m. Tom came in and told me about having to pay $900 in taxes. 8:45 a.m. Tom got the sweeper out and filled it up with water. 8:50 a.m. Tom came to me and asked about the switch to turn on the strobe light in the sweeper. I was not sure, so I went with him to find it. We did find it. 9:00 a.m. Rob Humphreys asked Tom if he knew where the meter thaw out tube was. Tom told Rob exactly where it was. Tom left to sweep. 9:30 a.m. Accident happened. Tom Myler Page -2- As I was walking back from the accident to the city offices, I looked down the east curb line of Yellowstone and noticed the sweeping pattern tom had made. It was a serious bob and weave pattern for as far as I could see. I then drove south on Yellowstone and followed his pattern back to around the area where Idaho Central Credit Union is located. I noted that he had started the weaving pattern at the curb on Yellowstone, back to the lane of traffic. The pattern got more extreme the further north he traveled. In my opinion, I believe that by the time he reached Hiway Avenue, he was not aware or in control. After Tom came around and got his senses back, I talked to him and he told me he felt something was wrong when he was by Smith's and that he headed back to the shop. I asked him why he did not stop and call for help on the radio. Tom shrugged his shoulders as a reply. As we were taking him home, he made the statement, "I guess I will loose my driving privilege at work for a while". This morning, Tom did not give me any indications that he was on the verge of having a reaction. Everything seemed to be normal with Tom, except for being a little depressed with his personal life. In my observation as Tom's supervisor, I feel that he has not been up to par since he returned to work after his heart problems in November 1996. He is lacking in strength, endurance and energy and it appears as though he is just not function as well as he had before his last heart incident. In my opinion, I believe the city should do all that is possible to help Tom Myler retire as soon as possible. Bryan J. Hall Maintenance Superintendent BJH:ts