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Home My WebLink About02 23 1999 CM31 COUNCIL MEETING MINUTES February 23`x., 1999 Minutes of a regular meeting held at Chubbuck City Council Chambers, February 23`x., 1999. Present: Mayor John O. Cotant, Council Members Leroy S. Quick, Steven M. England, B. Kent Kearns, Attorney Thomas J. Holmes, Public Works Director Steven M. Smart and City Clerk Ron C. Conlin. Councilman Marvin C.. Gunter was excused. PLEDGE ALLEGIANCE TO THE FLAG lead by Mitch Quick. INVOCATION was given by Bishop Duane Hall, Chubbuck Stake Six Ward, The Church of Jesus Christ of Latter -Day Saints. APPROVAL OF MINUTES - Mayor Cotant asked for corrections or additions to Regular Meeting Minutes of February 9t''., 1999. Councilman Kearns moved to approve Regular Meeting Minutes of February 9'., 1999 as read, subject to adding 1) Page 25 - The additional six month cost of the Build -Out Analysis Project will be $70,000.00, with the City of Chubbuck's share being, $7,000.00. 2) Correcting the following on Page 25; it was ( "Bannock Planning Organization not wanting to participate in the Build -Out Analysis Project, rather than Bannock County not wanting to participate in the Build -Out Analysis Project). Councilman Quick seconded. All council members present voted in favor of motion. TRANSPORTATION ENHANCEMENT PROJECT APPLICATION FORM FOR FY 1999- 2001 - UNDERPASS AT HAWTHORNE ROAD /I -86 - Asst. Planning Director Larry Kohntopp stated the City's Application for the Transportation Enhancement Project 1999 -2001 was not approved. BPO Mori Byington felt more detail, maybe getting service organizations to help with the project, might help get the project approved in year 2002. Asst. Planning Director Kohntopp stated he would like to resubmit the application for year of 2002. Asst. Planning Director Kohntopp presented a vicinity map to Mayor Cotant and Council, and explained the project. APD Kohntopp will present more accurate cost estimates in future. Project Description: Repave bike path on east side, construct gravel walk on west side, regrade side slopes, plant side slopes with groundcover, create wild flower planter boxes in concrete side slopes, remove trash trees. Councilman Quick moved to direct APD Kohntopp to resubmit the,(Underpass at r Hawthorne Road/I -86 Transportation Enhancement Project Application for FY 2002. Councilman Kearns seconded. All council members present voted in favor of motion. r-. 33 COUNCIL MEETING MINUTES - (cont.) February 23`d, 1999 WINE AND BEER LICENSE APPLICATION - Rite -Aid, Christopher Testa, 4752 Yellowstone Ave. has applied for a license to sell beer and wine at Rite -Aid, 4752 Yellowstone Ave. Police Department recommended approval of a beer and wine license to Rite -Aid, 4752 Yellowstone Ave. Councilman England moved to grant Rite -Aid, 4752 Yellowstone Ave. a beer and wine license. Councilman Kearns seconded. All council members present voted in favor of motion. ORDINANCE - Annexing certain lands to be included within the boundaries and jurisdictional limits of the City of Chubbuck, specifying the zoning classification which shall be applied to said lands newly annexed to the City of Chubbuck. Attorney Holmes read ordinance by title only, for the second reading, one of which was in full. Councilman tabled ordinance until the March 9`''., 1999 Council Meeting. COMMUNITY ACCESS CABLE TELEVISION OPERATING AGREEMENT - Attorney Holmes stated, under the TCI Franchise Agreement, there are certain cable services that need to be performed by the City, we are not geared to do ourselves, so we contract with the City of Pocatello to do it for us. Kathy Oborn, Channel 12 was present to answer any questions. Councilman Kearns asked Kathy Oborn if he could receive a copy of Channel 12's Operating Policy and Procedures. Some City residents have complained about controversial subjects aired on Channel 12. Kathy Oborn stated Channel 12 is governed by Federal Law, freedom of speech applies. Councilman Kearns moved to authorize Mayor Cotant to enter into the Community Access Cable Television Operating Agreement, City of Pocatello as presented. Councilman Quick seconded. All council members present voted in favor of motion. 35 COUNCIL MEETING MINUTES - (cont.) February 23`x., 1999 ORDINANCE #499 - Amending Section 18.12.030 (I), to change the required parking for elementary and junior high schools to two parking spaces for each classroom. This ordinance was read on three different days, and was adopted November I e., 1998. Ordinance #499 was not published within 30 days as required by Idaho Code. Councilman England moved to dispense with the rule of reading Ordinance #499 on three separate days. Councilman Kearns seconded. Roll Call Vote: Quick, yes; England, yes; Kearns, yes; Gunter, absent. Councilman Kearns moved to adopt Ordinance #499 as read. Councilman England seconded. Roll Call Vote: Quick, yes; England ,yes; Kearns, yes; Gunter, absent. PROPOSED BURLEY DRIVE LOCAL IMPROVEMENT DISTRICT - Attorney Holmes received a letter from Rick Skinner, Bond Counsel in Boise in regards to proposed Burly Drive -Kings Way Local Improvement District. Rick Skinner suggested the City separate the areas into separate districts. Rick Skinner stated he could get right on it, and move rapidly with the process. PWD Smart stated he contacted engineering firms, and they to can get right on it. PWD Smart stated the boundaries need to be decided. PWD Smart said, the Kings Way proposal has changed, in that the property owner is looking at improving the area. He has made application to develop the property, as a condition of development, the City would require the improvements to be made. PWD Smart stated, this property, probably would not be considered in the proposed local improvement district. PWD Smart stated the Burley Drive portion of the district is split into four areas, 1) One being north of E. Chubbuck Road, north to the end of Industrial Zone. and, 2) Goes south of E. Chubbuck Road on Burley Drive to the Interstate, 3) Which might include residential development along the way, along with Idaho Central Credit Union. 4) Go around and include Burnside Ave. where it connects to Kings Way. Discussion about finding a way to assist the residential part of the proposed local improvement district. Attorney Holmes said he did not have a chance to talk to Bond Counsel about ways of assisting the residential area. Councilman England stated, if a residence is the primary residence, Councilman England would like to see the City, find a way of assisting. After discussion, Council felt the residents should have a chance to participate in the proposed local improvement district, if they do not want to participate, the City can scale the district back. 37 COUNCIL MEETING MINUTES - (cont.) February 23`d., 1999 PROPOSED BURLEY -KINGS WAY LOCAL IMPROVEMENT DISTRICT - (cont.) PWD Smart stated, the first thing the Council needs to do in creating a local improvement district is to adopt a preliminary resolution. The petition is furnished to all property owners in the district, the property owners are given a chance to respond. Attorney Holmes stated, he will call bond counsel tomorrow, and tell them to prepare the preliminary resolution for adoption at the next possible Council Meeting it can be ready. CLAIMS - Computer print -out claims presented to Mayor Cotant and Council. Councilman Kearns moved to approve computer print -out claims as presented. Councilman England seconded. All council members present voted in favor of motion. GENERAL DISCUSSION - 1. PWD Smart gave a report on Well No. 4 Air Stripping Project. 2. Sensitive Training Classes for City Employees, March 2nd. and March P., 1999. 3. PWD Smart reported on file passed to Mayor Cotant and Council on Water Awareness Week, May 3 - 7d'., 1999. EXECUTIVE SESSION MEETING - At 8:25 p.m., Councilman Kearns moved to go into executive session meeting as authorized by Idaho Code 67- 2345(b), to discuss an employee assignment. Councilman Quick seconded. Roll Call Vote: Quick, yes; England, yes; Kearns, yes; Gunter, absent. 100% of Council present, voted in favor of motion. Discussion about Councilman Kearns serving as City of Chubbuck SICOG Representative. No action was taken, nor was a final decision was made. At 8:34 p.m., Councilman Gunter moved to adjourn from executive session meeting. Councilman Kearns seconded. All council members voted in favor of motion. At 8:34 p.m., Councilman Kearns moved, Council E gla d o_ ded ith full council �-+ a�va y adj ourn meeting. . ohn O. Cotant, Mayor Ron C. Conlin, City Clerk