HomeMy WebLinkAbout05 12 2009 CM
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COUNCIL MEETING MINUTES
May 12, 2009
Minutes of a regular council meeting held at the Chubbuck City Council Chambers, May 12,
2009.
Present: Mayor Steven M. England, Council members Kent Kearns, Dennis Stoddard, Kermit G.
Morrison, Rebecca Ponkow, Attorney Thomas J. Holmes, Public Works Director Steven
M. Smart, City Treasurer Rich Morgan and City Clerk Ron C. Conlin.
Meeting was called to order at 7:30 p.m. by Mayor England.
PLEDGE ALLEGIANCE TO THE FLAG was led by Fire Chief Eric King.
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INVOCATION was given by President Del Butler, Tyhee Stake 2 Counselor, The Church of
Jesus Christ of Latter-Day Saints.
APPROVAL OF MINUTES - Mayor England asked for corrections and additions to the regular
meeting minutes of April 28, 2009.
Council member Kearns moved to approve the April 28, 2009 Council Meeting Minutes
as read, Council member Ponkow seconded. Roll Call Vote: Kearns, yes; Stoddard, yes;
Ponkow, yes; Morrison, yes.
PUBLIC HEARING - An application amending Section 17.12.050 and 18.28.020(A) to remove
references to specific fees and change the reference to fees as set from time to time by
resolution of the City Council.
Attorney Holmes explained the proposed ordinance.
Attorney Holmes read proposed ordinance by title only.
Mayor England declared the public hearing open, asking for comment in favor of, neutral
or opposed to the proposed ordinance. There being no comment Mayor England declared
the public hearing closed.
ORDINANCE #672 - Amending Sections 17.12.050 and 18.28.020(A) to remove references to
specific fees and change the reference to fees as set from time to time by resolution of the
City Council.
Council member Stoddard moved to dispense with the rule of reading Ordinance #672 on
three separate days, one of which shall be a reading in full, Council member Kearns
seconded. Roll Call Vote: Morrison, yes; Ponkow, yes; Stoddard, yes; Kearns, yes.
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COUNCIL MEETING MINUTES - (cont.)
May 12, 2009
ORDINANCE #672 - (cont.)
Council member Kearns moved to adopt Ordinance #672 as read, Council member
Morrison seconded. Roll Call Vote: Kearns, yes; Stoddard, yes; Ponkow, yes; Morrison,
yes.
BUSINESS LICENSE APPLICATION - Scott McKee, 140 Evans Lane, Chubbuck, Idaho has
applied for a business license to sell ice cream products from a truck on City Streets.
Scott McKee, 140 Evans Lane presented his plans.
Discussion about whether or not the applicant should be required to provide the City with
proof of liability insurance with City named as additional insured. We do not address this
in our ordinance.
Council member Kearns moved to grant Scott McKee, 140 Evans Lane a business license
to sell ice cream products from a truck on City Streets, Council member Stoddard
seconded. Roll Call Vote: Morrison, yes; Ponkow, yes; Stoddard, yes; Kearns, yes.
BEER AND WINE LICENSE APPLICATION - Stinker Stores, P.O. Box 7627, Boise, Idaho
has applied for a beer and wine license for location at 640 Pheasant Ridge Drive, (formerly
Ridge Gas Station).
Kristen Yontz, 640 Pheasant Ridge explained the business.
Council member Kearns moved to grant Stinker Stores a beer and wine license, Council
member Morrison seconded. Roll Call Vote: Kearns, yes; Stoddard, yes; Ponkow, yes;
Morrison, yes.
BUSINESS LICENSE APPLICATION - Schwans/Brian Lee, 835 Lakeside Drive, Blackfoot,
Idaho has applied for a business license to sell frozen food by refrigerated truck door to
door in the City.
Brian Lee explained how his business operates.
Council member Ponkow moved to grant Brian Lee/Schwan a business license to sell
frozen food by refrigerated truck door to door in the City, Council member Kearns
seconded. Roll Call Vote: Kearns, yes; Stoddard, yes; Ponkow, yes; Morrison, yes.
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COUNCIL MEETING MINUTES - (cont.)
May 12, 2009
FIREWORKS PERMIT APPLICATIONS - The following applicants have applied to sell
fireworks from fireworks stands at the following locations:
1. Mathew Willie, American Fireworks, 1712 Monte Vista, Pocatello, Idaho to locate a
stand at 4030 Poleline, (Green Triangle Parking Lot).
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2. Richard Willie, American Fireworks, 923 N 11 Ave, Pocatello, Idaho to locate a
stand at 120 W. Chubbuck Road, (Family Dollar Store).
Mathew Willie explained where the fireworks stands will be located.
Council member Stoddard moved to grant permits to the fireworks stands applicants
presented, subject to; 1) Fire Chief Eric King and Police Chief Randy Severe reviewing
and approving all fireworks stands prior to their opening, 2) The applicant shall comply
with all City and State Codes, Council member Ponkow seconded. Roll Call Vote:
Morrison, yes; Ponkow, yes; Stoddard, yes; Kearns, yes.
BIDS RECEIVED AND PROPOSED RECYCLING CONTRACT - PWD Smart presented the
bids received and the proposed recycling contract. PWD Smart stated the City has
received approximately 460 sign ups for the recycling program. PWD Smart stated the
contract stipulates that they will take all recyclable material at approximately $70.00 per
ton.
PWD Smart stated we received bids today. The container quote came in at $43.99 each.
PWD Smart stated it would be more economical if we purchased two truck loads of
containers, 1044 containers. Total cost will $45,485. PWD Smart stated if council
authorizes the contract we will be in position to begin collection in late June.
Attorney Holmes stated with this contract there is no liability to the City on the short fall
unless the City would exercise an early termination.
Considerable discussion about the contract.
PWD Smart stated we are preparing flyers for distribution to customers stating what they
can, or cannot recycle.
Rich Marley expressed concern about the wind blowing papers, etc. Mr. Marley suggested
the City encourage residents to put paper, etc in plastic bags to help with the concern.
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COUNCIL MEETING MINUTES - (cont.)
May 12, 2009
BID RECEIVED AND PROPOSED RECYCLING AGREEMENT - (cont.)
Council member Kearns moved to 1) Accept the low bid of $43.99 per container. 2) Order
1044 recycling containers, and 3) Authorize Mayor England to enter into a recycling
contract with Western Recycle as presented, Council member Ponkow seconded. Council
member Kearns, yes; Stoddard, yes; Ponkow, yes; Morrison, yes.
AUTHORIZE A LOAN AGREEMENT WITH DEPARTMENT ENVIRONMENTAL
QUALITY, DEQ FOR $9.9 - PWD Smart stated Mayor England received a letter from
DEQ stating they have accepted the City of Chubbuck’s application for a loan in the
st
amount of $9.83 Million dollars for the construction of Portion A of the 1 Phase NW
Bannock Sewer Interceptor. DEQ sent the loan offer for signature. PWD Smart stated we
received an acceptance of our letter of intent informing us that we were successful in
Statewide rating for an application to borrow another $11 million for the second and third
portions of NW Bannock County Sewer Interceptor.
PWD Smart gave a report on Phase 1 Portion A of the NW Bannock County Sewer
Interceptor.
PWD Smart stated City did not receive any of the stimulus monies to help with the
project.
PWD Smart stated if the total burden of the loan for $9.83 million is shouldered by city
residents, it would increase the sewer rate $9.50 per month.
Council member Ponkow expressed concern city residents are not aware of the project,
how much it will cost and what the ramifications are.
PWD Smart stated, at this time any two lots or more in the impact area are required to
connect to the sewer.
Council tabled the proposed loan agreement until the May 28, 2009 Council Meeting.
SALE OF LOT 1, PARK LAWN INTERSECTION SUBDIVISION - PWD Smart stated several
years ago, the City improved the intersection of Park Lawn & Yellowstone. In order to do
that, the city bought a piece of property and built the intersection over the top of it. That
construction left a sliver of the lot undeveloped and available for use by the adjoining
property. The lot is 2,606 square feet in size and trapezoidal in shape, immediately on the
north side of Park Lawn, from the intersection of Yellowstone back 175 feet.
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COUNCIL MEETING MINUTES - (cont.)
May 12, 2009
SALE OF LOT 1, PARK LAWN INTERSECTION SUBDIVISION - (cont.)
PWD Smart suggested that we put this piece of property up for sale through the process
specified by Idaho Code Title 50, Chapter 14. PWD Smart stated if he had remembered
that we had this property, we could have made an exchange with the adjoining property
owner when we bought right of way for the Adams Street, (Mesquite Street)
Reconstruction Project, but that opportunity has passed.
The first step in selling the property is for the council to declare the property as surplus
and to declare either a value of the property or determine to offer it for sale without any
minimum value attached. The right -of -way purchase for Adams, (Mesquite)
reconstruction cost about $2 per square foot. At the rate of $2 per square foot this piece of
property would be valued at $5,212. If the council declares it value at $5,212, the council
would need to auction that property with a minimum bid of $5,212.
The second step in the process is to set a public hearing regarding the sale. The hearing
needs to be set far enough out that a notice could be published in the paper 14 days ahead
of the public hearing. The earliest date that we can hold a public hearing will be June 9.
Council member Stoddard moved to 1) declare the property as surplus, 2) declare the
value of the property to be $5,212 and 3) Set the public hearing date to be June 9, 2009,
Council member Kearns seconded. Roll Call Vote: Morrison, yes; Ponkow, yes;
Stoddard, yes; Kearns, yes.
CLAIMS - Computer print -out claims presented to Mayor England and Council.
Council member Kearns moved to approve computer print -out claims as presented,
Council member Stoddard seconded. Roll Call Vote: Morrison, yes; Ponkow, yes;
Stoddard, yes; Kearns, yes.
GENERAL DISCUSSION -
1. Council member Kearns suggested we start having budget meetings an hour or hour
and a half prior to Council Meetings. Mayor England and Council are in agreement.
At 9:15 p.m, Council member Stoddard moved, Council me ber M 'son seqonjed th full
council approval to adjourn meeting.
even M. England, MiFr
Ron C. Conlin, City Clerk