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Home My WebLink About07 14 1998 CM119 COUNCIL MEETING MINUTES July 14, 1998 Minutes of a regular meeting held at city municipal building, July 14, 1998. Present: Mayor John O. Cotant, Council members Leroy S. Quick, Steven M. England, Marvin C. Gunter, W. Dean Wood, Attorney Thomas J. Holmes, Public Works Director Steven M. Smart and City Clerk Ron C. Conlin. PLEDGE ALLEGIANCE TO THE FLAG APPROVAL OF MINUTES - Mayor Cotant asked for corrections or additions to regular meeting minutes of, June 23, 1998. Councilman Quick moved to approve regular meeting minutes of June 23, 1998 as read. Councilman Wood seconded. All council members voted in favor of motion. PUBLIC HEARING - An application by Steve Vigliaturo and Gary Chisum, 1135 Yellowstone Ave., Suite D, Pocatello, Idaho for a preliminary plat for the Meadows Subdivision. A subdivision located at 4820 Whitaker Road. Council reviewed Staff Report. Mayor Cotant declared the public hearing open. Rodney Burch, Rocky Mountain Engineering stated he is representing Steve Vigliaturo and Gary Chisum. Mr. Burch stated the proposal is for single family residential lots conforming with the requirements of the existing R -2 zoning. Mr. Burch stated they complied with all applicable codes. Kelly Taylor, 530 E. Chubbuck Road stated he would be opposed to mobile homes on the lots. Concerned about a trailer court being allowed. Attorney Holmes stated, under State Law the City cannot keep out mobile homes, but the City does have a review process before they can be allowed. Mr. Taylor is concerned about the proposal being approved, then the lots being sold off, then he will have to live with the problems. Mr. Taylor asked that some guidelines be put on the approval. Mr. Burch stated, the owners have no intention of developing the lots. Mr. Vigliaturo and Mr. Chisum are planning on selling the lots, the purchaser will develop. Mr. Taylor expressed concern about his irrigation water going onto the new owners property, then the new owners prohibiting him from using his irrigation water. Mr. Taylor requested the all irrigation water concerns be addressed at the time of plat approval, 121 COUNCIL MEETING MINUTES - (cont.) July 14, 1998 PUBLIC HEARING - STEVE VIGLIATURO AND GARY CHISUM - (cont.) Considerable discussion about where irrigation and storm water goes on E. Chubbuck Road. Mr. Taylor asked if Council could put stipulations on approval of project, to protect residents to the east, insuring they will get their irrigation water. Mr. Burch stated, they have not solved the storm drainage and irrigation concerns, but are willing to work with all residents, City and all involved to resolve the concerns. Staff Report stated attention has been provided for common park area, traffic circulation, and is a totally acceptable use according to our codes. PWD Smart and Project Engineer Gerd Dixon will research the best way to take the irrigation and storm drainage water, when it gets to E. Chubbuck Road. Ross Minson, 4840 Whitaker explained his concerns, suggestions on the irrigation and storm drain water drainage through his property. Mr. Minson stated the surveyor did not agree with the boundary line along Mr. Minson's fence that has been their for several years. Mr. Minson would like the fence to stay where it is. Wayne Hale, 4825 Whitaker Road expressed concern about: 1. Property values. 2. Atmosphere. 3. People moving in, being able to accept all the country area living, such as horse smell, etc. Mayor Cotant declared the public hearing closed. Councilman Gunter expressed concern about no restrictive covenants being required. City does not enforce or require restrictive covenants. Councilman England moved to accept the recommendations of the Land Use & Development Commission and approve The Meadows Subdivision Preliminary Plat subject to all water rights, ditches and particular water problems being addressed prior to Final Plat approval. Councilman Gunter seconded. Roll Call Vote: Quick, no; England, yes; Gunter, yes; Wood, yes. i) 123 COUNCIL MEETING MINUTES - (cont.) July 14, 1998 BUSINESS LICENSE APPLICATION - Arthur C. Foulger, 4938 Elizabeth has applied for a license to sell ice cream in a truck throughout the City of Chubbuck. Police Department recommended approval of the business license application. Councilman Wood moved to grant Arthur Foulger a business license to sell ice cream on City streets. Councilman Quick seconded. All council members voted in favor of motion. CONTRACT FOR INTERGOVERNMENTAL TRANSFER OF PERSONAL PROPERTY - City of Chubbuck has a cascade system for refilling of self - contained breathing apparatus consisting of a Rix compressor and filtration system Model SA -6, a Maco two bottle fill station and 43,600 fill bottles and related component. Chubbuck is willing to lease said equipment to City of McCammon in an "AS IS" condition and McCammon is willing to lease said equipment on the following basis. A. The first lease payment of $2,500. Upon McCammon packing up the equipment at Chubbuck. B. $2,500.00 on February 1, 1999. C) $2,500.00 on August, 1999. D. $2,500.00 on February 1, 2000. Councilman Wood moved to direct Mayor Cotant to enter into lease contract with the City of McCammon for the Intergovernmental Transfer of Property. Councilman Gunter seconded. All council members voted in favor of motion. ORDINANCE - AMENDING DAY CARE - Mayor Cotant read Day Care Ordinance by title only for the first reading. Crystal Douglas, Police Department stated all licensed Day Cares were sent copies of the proposed ordinance, and asked to send in comments on the proposed ordinance. Crystal stated the ordinance is for the protection of children. Wayne Robinson, Chubbuck Mother Goose Pre School expressed concern about his grandfather rights if, and when he sells the Day Care. Councilman Gunter expressed concern about applying too many regulations on your smaller Day Cares and Pre Schools. Susan Sparrow, Sparrow's Day Care expressed concern about a day care owner's twelve and older children be required to be counted as children in the day care or preschool. Council will review the requirement. Council tabled the Day Care Ordinance until the July 28"., 1998 Council Meeting. 125 COUNCIL MEETING MINUTES - (cont.) July 141h., 1998 ORDINANCE #489 - Adding definitions for abutting zero lot line residence, zero lot line residence and zero lot line fire wall to Section 18.04.050; amending Section 18.08.010 to allow abutting zero lot line residences in the areas where duplexes are allowed and to delete any reference to conditional use permits for planned unit developments. Mayor Cotant read Ordinance #489 by title only for the third and final reading. Councilman Wood moved to adopt Ordinance #489 as read. Councilman England seconded. Roll Call Vote: Quick, yes; England, yes; Gunter, yes; Wood, yes. SEAL COAT BID - Council may wish to accept a bid on approx. 60,000 square yards of seal coat. Work to be done first week in August, 1998. Bannock Paving $.67 per square yard Total $40,133.00 Snake River Construction $.77 per square yard Total $46,123,00 Councilman Gunter moved to accept Bannock Paving's low bid of $.67 per square yard, and direct Mayor Cotant to enter into contract with Bannock Paving for approx. 60,000 square yards of seal coat. Councilman Wood seconded. All council members voted in favor of motion. 1998 -99 FISCAL YEAR BUDGET DISCUSSION - City Clerk Ron Conlin passed to Mayor Cotant and Council copies of proposed expenses and proposed revenues for 1998 -99 General Fund Fiscal Year Budget. City Clerk Conlin suggested Council review and set date for study sessions. After discussion, Council decided to conduct a study session, Thursday, July 16, 1998 at 5:00 p.m. Chubbuck City Council Chambers. FINANCIAL REPORT for month of June, 1998 presented to Mayor Cotant and Council. QUARTERLY FINANCIAL REPORT for 3`d. Quarter, 1998 presented to Mayor Cotant and Council. CLAIMS - Computer print -out claims presented to Mayor Cotant and Council. Councilman Gunter moved to approve computer print -out claims as presented. Councilman England seconded. All council members voted in favor of motion. 127 COUNCIL MEETING MINUTES - (cont.) July 14, 1998 ANNOUNCEMENT - Cities - County Meeting - July 27"., 1998 - Noon - City of Chubbuck Council Chambers. At 9:25 p.m., Councilman Wood moved, Councilman England seconded, with full council approval to adjourn meeting. 4.1 ohn O. Cotant, Mayor Ron C. Conlin, City Clerk