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Home My WebLink About06 09 1998 CM105 COUNCIL MEET1NG MINUTES JUNE 9, 1998 Minutes of regular meeting held at city municipal building, June 9, 1998 PLEDGE ALLEGIANCE TO THE FLAG 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, Project Engineer Gerd Dixon and Secretary Myrna Crapo APPROVAL OF MINUTES: Mayor Cotant asked for corrections or additions to regular minutes of May 26, 1998. Councilman Marvin Gunter moved to approve regular meeting minutes of May 26, 1998 as read. Councilman LeRoy Quick seconded. All council members voted in favor of motion. PUBLIC HEARING: 1. An application by Charlie Frasure, 102 Laurel Lane, Chubbuck, Idaho 83202 for a Preliminary Plat and final plat for Frasure Industrial Park, 1st Addition. A subdivision located north of Chubbuck Road east of Yellowstone Avenue (east of 4900-5000 block Yellowstone. Property is presently zoned Industrial (I). Mayor Cotant declared the public hearing opened. Gerd Dixon stated why this is before the Council. Additional lots had been added to the plat. Lot 12 and 13 have been redesigned. There being no comment from public, Mayor Cotant declared the public hearing closed. Councilman Quick moved to approve the prelinfinary plat as presented. Councilman Wood seconded. Dean Wood, yes; LeRoy Quick, yes; Steve England, yes; Marvin Gunter, yes. Mayor Cotant asked for additional comments on the Final Plat. Councilman Wood moved to approve the final plat as presented. Councilman England, seconded. All council members voted in favor of motion. 2. An ordinance of the City of Chubbuck amending section 16.12.220 to allow high density polyethylene pipe with thermal fusion joints as an appropriate water distribution pipe, to decrease valve spacing to one thousand feet and to change the minimum distance from a fire hydrant to 250 feet. PWD Steve Smart explained the ordinance. The council discussed using steel fittings to adapt to this. Mayor Cotant declared the public hearing open. There being no public comment, Mayor Cotant closed the public hearing, then read the ordinance. Councilman Quick moved to accept this ordinance as the first reading. 107 COUNCIL MEETING MINUTES (CONT.) June 9, 1998 Councilman Quick withdrew his motion. Councilman England moved to dispense with the rule of reading on three separate occasions. Councilman Gunter seconded. Roll Call Vote: Gunter, yes; England, yes; Wood, yes; Quick, yes. Councilman Quick moved to adopt Ordinance #487. Councilman Wood seconded. Roll Call Vote: England, yes; Quick, yes; Gunter, yes; Wood, yes. 3. An ordinance of the City of Chubbuck adding section 17.12.400, 410, 420 to adopt a short plat procedure. Mayor Cotant declared the public heating open, there being no comment, Mayor Cotant declared the public hearing closed. Mayor Cotant read the ordinance in full. Councilman Gunter moved to dispense with the rule of reading ordinance on three separate occasions. Councilman Wood seconded. Roll Call vote: Wood, yes; Gunter, yes; England, yes; Quick, yes. Councilman England moved to adopt Ordinance//488. Councihnan Gunter seconded. Roll Call Vote: England, yes, Quick, yes; Gunter, yes; Wood, yes. 4. An ordinance of the City of Chubbuck adding definitions for abutting zero lot line residence and zero lot line fire wall to section 18.04.050. Mayor Cotant and Tom Holmes read the ordinance in full. Councilman Quick asked about Single Family Residential (R-1) being conditionally permitted. Mayor Cotant declared the public hearing open, there being no comment, Mayor Cotant declared the public hearing open. This was the first reading of ordinance. 5. An ordinance of the City of Chubbuck to allow licensed massage therapists as a home occupation. Mayor Cotant asked for comments on the application. There was none. The ordinance was read by title. Councilman Quick asked if there needed to be a City License by a Business License. The Land Use requested that we add a definition of what a trained Massage Therapist is. Mayor Cotant closed the public hearing. The 2nd reading will be continued in two weeks. 109 COUNCIL MEETiNG MINUTES (CONT.) June 9, 1998 GENERAL BUSINESS: 1. Fireworks Permit Applications - a) Randy Kress, Pocatello, at 4825 Yellowstone. b). Kaye Peterson, Pocatello at Green Triangle. c) Bruce Weaver, Twin Falls, at Pine Ridge Mall. d). Bruce Weaver, Twin Falls, at Smith's Parking lot, e). Randy Broadhead, Pocatello, at 134 W. Chubbuck; f) Pyrodyne American Corp., Utah, at Wal-Mart, 4240 Yellowstone; g) Jack & Debbie Betty, Chubbuck at McKnights, Inc., 4500 Yellowstone Ave. Mayor Cotant asked if there were any problems with the applications. Fire Chief Eric King stated he had a problem with the stand being to close to the entrance at Wal-Mart. Councilman Quick moved to approve all the fireworks applications presented, subject to l) Final approval of the Police and Fire Departments. 2) All City Codes are met. Councilman Wood seconded the motion. All council members voted in favor of motion. 2. Approval of Day Care License for Colleen's Daycare, 787 Natalie - BO Cary Campbell's comments were read by Mayor Cotant. Mayor Cotant asked for any additional comments. Councilman Quick moved to approve the application for Colleen's Daycare, subject to the following conditions that are included by the Chubbuck Police Department (1). KC John McCreery, your son, is not to be present during hours of operation. (2). You may not hire any employees to work inside the home. (3). If any adults over the age of 12 come to reside in your home, they must appear at the Chubbuck Police Department for a background check. Councilman Wood seconded. All council members voted in favor of motion. 3. Approval of Day care License for Sparrow's Nest Daycare, 794 Boyd Councilman Wood moved to approve the day care license for Sparrow's Nest Daycare. Councilman England seconded. All council members voted in favor of motion. 4. Resolution #7-98 - Sewer Plant Capacity Fees. Attorney Tom Holmes read the Resolution #7-98 in full. Councilman Gunter moved to adoption Resolution 7-98 as read. Councilman Wood seconded. Roll call vote: Quick, yes; Wood, yes; Gunter, yes; England, yes. 5. Agreement -Authorizing Mayor Cotant to enter an Intergovernmental Agreement with respect to the Chubbuck Development Authority and its Urban Renewal Plan. Councilman Quick moved to authorize Mayor Cotant to enter into an Intergovernmental Agreement with respect to the Chubbuck Development Authority and its Urban Renewal Plan. Councilman Wood seconded. Ail council members voted in favor of motion. 6. Discussion about Hiline Heights Storm water run off Projector Engineer Gerd Dixon explained to the Council. 111 COUNCIL MEETING MINUTES - (cont.) June 9, 1998 All run off from Mike Scott's, Rachel's Rainbow came from of two areas.. A drawing was presented to show' the problem. The run offis causing problems where it runs from the hill. The Council discussed different ways to solve the problem. The best solution is having the flow altered to go to a drainage pond. Council discussed: 1. Possible solutions to the problem 2. Red Tag Mike Scott's Subdivision, then have Parrish's, Scott and staff meet to solve the problem. 3.Give the owners 72 hours notice, with a hand delivered letter concerning the storm water run off problems. The council directed Cary Campbell to deliver a letter, with a stop work order for all construction in Rachel's Rainbow and Hiline Heights Subdivision effective, Friday, June 124 at 10:00 A.M., then to deliver the work order June 104 A.M. 7. Hearing pursuant to Code 9.20.046 - Tim Kearns, 336 Lariat David Alexander, Tim Kearns attorney. The pig has been given away and they would like to get the pig back. He objects to the hearing. The pig got loose and went over to the neighbors house and was impounded. He would like the pig returned to his owner. The owner will repair the fence. Mr. Kearns has ten acres of land and had acquired the pig from McKee's. It was classified as a household pet. Mr. Kearns had built a fence outside to keep the pig in. Jim Phelps, Chubbuck Police Department explained to the Council that Mr. Kearns only has one acre. The pig weighed 250 to 260 pounds. They have talked to Mr. Kearns many times about problems with other animals. The City has worked to keep peace in the neighborhood. Signe Peterson, Animal Control Officer, the fence was just a temporary fence and could be tipped over by the pig Signe would suggest the pig be adopted out, ra~chetcthan be ±ng' destroyed. The pig x~.~.., kept outside. Mr. Kearns does not do a good job of keeping his fences up. Crystal Douglas, Chubbuck Police Secretary, the people can't get along in the neighborhood. Tim Keams had threatened to shoot Kathleen Hogan. Mayor felt that if the pig weighs 200 pounds then it is a hog. David Alexanders stated, pot belly pigs are being sold by McKee's as pets. He would like - the pig returned to its owner. 113 COUNCIL MEETING MINUTES (cont.) June 9, 1998 HEARING - KENT KERNS - PIG - (cont) - Councilman Gunter moved to return the pig, subject to the following conditions: (a. Mr. Kerns plead guilty to the citation, b) Mr. Kerns pay the $16 impound fee as well as the cost of boarding the pig, (c. Mr. Kerns post a $500 cash bond with the police department for one year, (d. The pig be removed to his mother's place in California, (e. The bond would be forfeited if the pig shows up again within a year. (£ The Police Department has the right to inspect Kern's place without prior notice. Councilman Quick seconded. All council members voted in favor of motion. 7. PERSONNEL POLICY REVIEW ~ PWD Steve Smart explained the reason for the changes. The council requested that staff meet, then suggest recommendations for the council. Councilman Quick moved to accept the recommendations of corrections and changes on the personal policy. Councilmen Wood seconded the motion. All council members voted in favor. CLAIMS-- Computer print-out claims presented to Mayor Cotant and Council Councilman England moved to approve computer print-out claims as presented. Councilman Wood seconded. All council members voted in favor of motion. The meeting adjourned at 10:45 P.M. ~ohn O. Cotaht, Mayor Myrna ~r~o, Secreta~Q~