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Home My WebLink About01 11 1983 CM COUNCIL MEETING MINUTES 1 January ll, 1983 Minutes of the regular council meeting held in the city municipal building January 11, 1983. Present: Mayor John O. Cotant, Jr., Councilmembers Becky A. Hopkins, Dwain A. Kinghorn, LeRoy S. Quick, Thomas S. Nield, Attorney B. Lynn Winmill, Public Works Director Steven M. Smart and City Clerk Vera C. Armstrong. Meeting called to order at 7:30 p.m. by Mayor Cotant. Mayor Cotant asked for corrections or addtions to minutes of December 14. There being none, Councilwoman Hopkins moved to approve minutes of December 14 as written. Councilman Quick seconded motion. All councilmembers voted in favor of motion. STATE OF CITY ADDRESS: Mayor Cotant gave a very informative address outlining past accomplishments and outlining plans for the city in the near future, thanking council and employees for their ded~ ication. Mayor Cotant appointed councilmembers to the following city assignments: Councilman Dwain A. Kinghorn-Police, water and sewer. Councilman [eRoy S. Quick - Streets, sanitation and city representative to SEICCA' Councilwoman Becky A. Hopkins- Fire Department and Chubbuck Pride Committee Councilman Thomas S. Nield - Parks and Recreation and council representative on land use committee Mayor Cotant asked Assistant Police Chief, Detective Jerry Rowland, to give a police report, which he did. A remarkable decrease has occurred in home burglaries, malicious injury to property, miscellaneous residential crime and general crime the past year with exception of types of crime that comes with the addition of Pine Ridge Mall within the city. BUSINESS LICENSE APPLICATION - Arthur P.: Turner, Kearns, Utah, has applied for a business license to allow door to door sales of Bison vacumn cleaners. Police department have approved the application. After reviewing application with Mr. Turner, Councilwoman Hopkins moved to approve the application of Arthur P. Turner for a business license. Councilman Quick seconded mo~ion. All councilmemebers voted in favor of motion. PUBLIC HEARING - Hugh J. Hatch, 345 W. Siphon Rd., is requesting a conditional use permit for a doll museum and garage. Property is presently zoned General Residential (R-2). The Land Use and Development Commission have recommended approval. PUBLIC HEARING - HATCH - cont'd - Attorney Winmill stressed to Mr. Hatch that he must be careful that the sale of trading of dolls does not become the principal function. 3 Councilman Nield moved to approve the conditional use permit as long as the principal function is for the display of dolls and any sales incidental to museum and does not become a significant part of operation and that sign requirements be complied with and that the application be reviewed on a yearly basis. Councilman Quick seconded motion. All councilmembers voted in favor of motion. PUBLIC HEARING ON REVISED LAND USE ORDINANCE - Mayor Cotant called the continued public hearing or order and immediately officially closed the hearing. Mayor Cotant told those present the revised Land Use Ordinance would be discussed at an adjourned meeting on the evening of January 18. Councilman Quick asked to be excused from meeting for approximately one hour at 8:20 p.m. AUDIT REPORT FOR FISCAE YEAR 1981 - 1983. Ray Carter, K6n V. Carter & Company, has completed the fiscal 1981- 1982 ~Qdft and went through the audit report page by page with mayor and council. Councilman Quick returned to council meeting at 8:45 p.m. DEVELOPMENT WITHIN CITY - Rodney Clark, owns approximately 20 acres of property lying north of Stuart Park and bordering Hawthbrne Road. The Latter Day Saint Church of Jesus Christ contemplates purchasing three and one-half acres of the property directly north of Staurt Park and west of the Portneuf Distrist Library to build a church building. Mr. Clark and Mr. Cottle, representing the Latter Day Saint Church, asked city if they had any objections to a church at this particular location. Mr. Clark and Mr. Cottle were informed that a conditional use permit would need to be granted prior to the issuance of a building permit. BUSINESS LICENSE - State Liquor Dispensary - James Baugh, Assistant Superifltendent, has written a letter requesting waiver of business license fee. Mr. Baugh explained in his letter that they do not pay a retail license fee in any city in the state of Idaho and also informed city clerk by telephone that they are a tax exempt governmental unit. Councilwoman Hopkins moved to waive the license fee for the State Liquor dispensary. Councilman Kinghorn seconded motion. All council- members voted in favor of motion. LITTLE LEAGUE BASEBALL - Councilman Nield gave a report on the Little League Baseball program. Councilman Nield told of the plans to sponsor a Mustang Invitational and a Bronco Invitational. Councilman reminded council city had planned to help sponsor Pony League teams this year, last year Chubbuck played one team in Pocatello. Chubbuck would need 6 teams to sanction a league, otherwise Chubbuck will need to play with the Pocatello League, and Pocatello will only accept two t6ams at a time, which would mean a total of three teams from Chubbuck. A ff61d will need to be provided in Chubbuck if Pocatello accepts any more teams. Council and Mayor agreed a field would be ready for the Pony League and they gave the go-ahead to draft two additional teams for a total of three pony league teams. ORDINANCE #238, prohibiting police abuse - Ordinance was read in full by City Clerk Vera Armstrong. Councilman Quick moved to dispense with rule of reading Ordinance #238 on three separate days. Councilwoman Hopkins seconded motion. Roll call vote: Hopkins, yes; Kinghorn, yes; Quick, yes; Nield, yes. Councilwoman Hopkins moved to adopt Ordinance #238, prohibiting police abus6. Councilman Nield seconded motion. Roll call vote: Hopkins, yes; Kinghorn, yes; Quick, yes; Nield, yes. BUSZNESS LICENSE REPORT - Attorney B. Lynn Winmill made a report con- cerning the letter Mayor Cotant received in reference to business licenses from Attorney Gerald Olson. Attorney said the Idaho Code allows cities to specifically enact an ordinance requiring business license as a scheme of regulation, so long as there is a reasonable relation to license fee and the cost Of regulation. Attorney Winmill reported his opinion is that the licensing ordinance is appropriate and he would answer Attorney Gerald Olson's letter. GENERA[ DISCUSSIONS: 1. Interest in Mutual Aid Agreement with Pocatello. 2. Complaints of gravel on streets for ice and snow being too large. CLAIMS - Computer print-out claims and handcheck claims have been presented to mayor and council. After review, Councilman Nield moved to approve claims as presented. Councilman Quick seconded motion. Vote was unanimous in favor of motion. STATE LIQUOR DISPENSARY LICENSE WAIVER REQUEST - Attorney Winmill informed council the city business license ordinance does not provide for waiver of license fee. Councilman Kinghorn moved to reconsider the motion concerning the waiver of license for State of Idaho Liquor Dispensary. Councilman Quick seconded motion. Roll call]vote: Hopkins, ye~; Kinghorn, yes; Nield, yes; Quick, yes. Councilman Quick moved to deny the waiver request of license from the Idaho State Liquor Dispensary because of no pr6vision in'the ordinance to waive the fee. Councilman Nield seconded motion. Roll call vote: Hopkins, yes; Kinghorn, yes; Ni61d, yes; Quick, yes. At Tl:lO p.m., Councilman Nield ~oved, Councilman Kinghorn seconded, with full council approval to adjourn meeting until 7:30 p.m. Tuesday, - January 18. ayor Vera C. Armstrong, City Cler~