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HomeMy WebLinkAbout05 24 1988 CM78 COUNCIL MEETING MINUTES May 24, 1988 Minutes of a regular meeting held in the city municipal building, May 24, 1988. Present: Mayor John O. Cotant, Jr., Councilmembers Leroy S. Quick, Steven M. England, Boyd L. Fullmer, David A. Landon, Attorney Thomas J. Holmes, Public Works Director Steven M. Smart and City Clerk Ron C. Conlin. Meeting was called to order at 7:35 p.m. by Mayor Cotant. INVOCATION ~was~giveh~'by Pastor Tim Scott of the United Pentecostal Church. APPROVAL OF MINUTES - Mayor Cotant asked for corrections and additions to the minutes of May 24, 1988. Councilman Fullmer moved to approve the minutes of May 24th, 1988 as read. Councilman Quick seconded. All councilmembers present at meeting voted in favor of motion. APPEAL - Richard and Gail Conn's appeal of denial on April 7, 1988 of their application for a conditional use permit for their land and home located at 735 E. Chubbuck Road. Richard and Gail Conn and their Attorney Jack H. Robinson was present in favor of the day care center. Attorney Robinson stated the traffic and safety issue appears to be the primary concern. Mr. Robinson said he felt the additional 21 kids the day]aafe center : would create,'~vo~l~rno, tcreate anymore traffic or safety problems that is currently there at this time. Attorney Robinson stated that during winter months there would be no additional noise, and during the summer month the noise the children would create would be minimal. He said the day care is supervised, there will be activities for the children, so the noise will be controlled and should not be a factor. Mr. Robinson presented several pictures, showing in his opinion, thenewould be no additional traffic hazard. Discussion about the grade of the hill. Jim Close, 739 East Chubbuck Road was present to express support of the Land Use & Development Commissions decision to deny the proposal from Richard and Gall Conn for a conditionial use permit which would allow them to operate a day care center at 735 E. Chubbuck Rd. Mr. Close expressed four reasons why the day care center should not be allowed; 1) The traffic at this location is already hazardous. 2) The steep grade of the hill at this location creates a hazardous situation. 3) The area is zoned R-1 and is not condusive for the day care center. 4) The city attorney advised that the city would be liable if the city knowingly created a hazardous situation. Guy Price, Attorney for Mr. Close was present and stated the City has a plan to protect residential neigborhoods, and the city should stay with this plan. Attorney Price stated this is not a very safe place for a day care center, 8O APPEAL - (Cont.) RICHARD AND GAIL CONN CONDITIONAL USE PERMIT. Mayor Cotant expressed concern:the city'might be liablel, if-the co~d~tionalcuse permit for the day care Center is allowed, and an accident occurs. Attorney Holmes expressed concern of the discussion at the Land Use & Development Commission Meeting in regards to winter time traffic because the streets seems to be slicker than most streets, despite the citys sanding attempts, there is still a problem with traffic trying to get on to Chubbuck Road. By allowing the day care center to be at this location the city will be enhancing an already bad situation. There could be potential liability to the City. Councilman Fullmer stated he has experienced several traffic problems on the hill.during winter months. Councilman Landon expressed concern that people dropping off and picking up the children will park on the street, which would cause a traffic problem. Councilman England expressed concern that during certain times of the year, going west to east up the hill there are several blind spots because of the sun. Having a day care center at the top of the hill could cause a traffic hazard. Councilman England felt that there are too many safety factors, to allow a day care center at this location. Councilman Quick moved to uph61d the Land Use & Development Commission's decision to deny a conditional use permit to Gall & Richard Conn for a day care center at 735 E. Chubbuck Rd. Councilman Landon seconded. All councilmembers voted in favor of motion. ORDINANCE -#305 Ordinance providing for the licensing of security officers and private investigators, establishing standards for the issuance of licenses; limiting the authority of licensed security officers and private investigators; establishing Mayor Cotant read Ordinance #305 by Title only. Councilman England moved to dispense with the rule of reading Ordinance #305 on three separate days. Councilman Quick seconded. Roll Call Vote: Q~ick, yes; England, yes; Fullmer, yes; Landon, yes. Councilman Quick moved to adopt Ordinance #305 as read. Councilman Fullmer seconded. Roll Call Vote: Quick, yes; England, yes; Fullmer, yes; Landon, yes. ORDINANCE - An ordinance providing for the establishment of no parking in fire lane zones next to business or commercial establishments, to provide for penalties for parking in a designated no parking fire lane zones. City Clerk Ron Conlin stated copies of the ordinance have been given to Duncan Lambert, Pine Ridge Mall and manager of Smith's Food King for review. Mr. Lambert indicated he would be at this council meeting to discuss the ordinance, but did not come. After discussion, the council decided to table the ordinance until the June 14, 1988 Council Meeting. 82 BUSINESS LICENSE APPLICATION - Virginia McCloskey, 555½ Pershing, Pocatello, Idaho, doing business as Sam's Ice Cream has:applied for a license to sell ice cream from a vending on city streets. Sam's Ice Cream was issued a business license the last two years, with no complaints or problems from city residents. Sam stated all new drivers are instructed as to which side of the street the children should approach the ice cream truck. There is no adv~rtizing on the left side of the truck. Councilman England stated he watched the drivers selling in his neighborhood last year, and was impressed by how the drivers directed all children away from the traffic side. Music stops when truck is stopped. Councilman Fullmer moved to issue Sam's Ice Cream a business license to sell ice cream out of a vending truck on city streets. Councilman England seconded. All councilmembers voted in favor of motion. RECIPROCAL AGREEMENT - CITY OF CHUBBUCK AND CITY OF POCATELLO ATTORNEYS - Howard Burnett stated he recently encountered a situation involving traffic offense in which the defendant and her family members are personal acquaintances of his. They therefore felt that a conflict, or at least a perceived conflict, may exist in their prosecution of the action against the defendant. In situations like these, the City Attorneys for the City of Pocatello have been very accommodating in taking over the prosecution of the action, in turn, the City Attorneys for the City of Chubbuck will do the same thing if required f6r the City of Pocatello. Attorney Burnett felt that so no question can arise concerning the authority of a Pocatello City Attorney to prosecute an action on behalf of the City of Chubbuck in conflict situations, there should be an authorization reflected in the minutes of a City Council Meeting. After discussion Councilman Fullmer moved to authorize the Chubbuck City Attorney- delegate prosecution of criminal action to reciprocate with the City of Pocatello on couflict of interests cases that might arise. Councilman Quick seconded. All councilmembers voted in favor of motion. PROCLAMATION - ALL AMERICAN BUCKLE UP - Mayor Cotant read the proclamation in full. Councilman Landon moved to direct Mayor Cotant to proclaim May 21 - 30th as the All-America Buckle Up. Councilman England seconded. All councilmembers voted in favor of motion. ATTORNEY HOLMES stated he received a letter from Dan Chadwick, Deputy Attorney General for the Intergovernmental Affairs Division answering his inquiry concernin~ contributions by Chubbuck to the Economic Growth Council. Attorney Holmes stated a= cbntract would be permissable, however, a direct donation is not permissable. Mayor Cotant stated that before the budget hearin~ we need to discuss requests from the Growth Council. 84 MITCHELL'S CONDITIONAL USE PERMIT REVIEW - Mayor Cotant stated he talked to Mrs. Mitchell about their conditional use permit review that is coming in July. Mayor Cotant stated he had concern about the mobile home being allowed there~ permanently. It is the only mobile home on Briscoe except for Earl Ellis at the far end of Briscoe. Mayor Cotant asked the Council to drive by the mobile home, t~get their feelings on the mobile home being allowed permanently. Attorney Holmes stated he sent the Mitchell's a letter in January, explaining the conditional use permit is strictly temporary. CLAIMS - Computer print-out and handcheck claims presented to Mayor Cotant and Council. After discussion Councilman Landon moved to approve the computer print-out and handcheck claims as read. Councilman Quick seconded. All councilmembers voted in favor of the motion. GENERAL DISCUSSION - 2) Councilman Fullmer reported he had input from parents in the baseball program, that the price for baseball this year is too expensive. They would be willing to pay for the boy or girls shirt the first year, but after that, use the shirt until they are out of the program, rather than purchase a shirt every year, Councilman England felt the program should make it an option to the individual Councilman Fullmer stated that with the girls softball starting this week, we have a severe parking problem at Cotant Park. Discussion about opening parking places to the south. 3) 4) 5) 6) Fire Chief Cary Campbell was present and stated he would like to send seven fireman to Fire School this year. The cost is $164.00 per fireman. Discussion about a letter Chief Campbell sent to Bannock County Commissioners concerning fire calls at Bannock County Fairgrounds and Bannock County dumpsters.on Syphon Road. He reported there has been a real problem with the amount of calls recently. There have been 14 calls to the dumpsters ltast year. Chief Campbell stated we have spent approx. $1,400.00 in wages for the calls. After discussion it was decided Mayor Cotant would contact Tom Kasilometes to talk about some sort of an agreement. Chief Campbell reported there is a company contacting residents in the City about fire and smoke detectors. Chief Campbell feels the company is m6k~ng several statements that is not true about the detectors. After discussion it was decided to talk to the Police Department in Staff Meeting. Chief Campbell stated he is looking at radios to replace pagers in the Fire Department. Would like to find some way of making a lease purchase on the radios. Cary will research and report back. 86 At 10:00 p.m., Councilman England~moved, Councilman Landon seconded, with full council approval to adjourn meeting. ohn~0. C~tant, Jr~, Mayor C. Conlin, City Clerk