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Home My WebLink About09 13 1977 CM CHUBBUCK CITY COUNCIL MINUTES 257 September 13, 1977 Minutes of the regular council meeting held in the city municipal building September 13, 1977. Present: Mayor John O. Cotant, Jr., Councilmen Boyd L. Fullmer, Dwain A. Kinghorn, Earl L. Romriell, Wayne G. Taylor, Engineer John L. Alder, Attorney Don Burnett and Clerk Vera C. Armstrong. Meeting called to order at 8:00 p.m. by Mayor Cotant. Mayor Cotant asked for any corrections or additions to minutes of council meetings August 23 and September 6, 1977. Councilman Romriell moved to approve minutes as written for meetings August 23 and September 6. Councilman Taylor seconded motion with an unanimous vote in favor. PIGS IN CITY - Dean Morgan, 446 E. Chubbuck Road has received a letter from the Chubbuck Police Department informing him he is not allowed to keep pigs within the city limits, according to Ordinance #112, and that he has 15 days to conform. Klane Forsgren, neighbor of Mr. Morgan said he did not believe the city could require Mr. Morgan to get rid of his animals since he has constantly raised pigs since 1964. Councilman Romriell stated the zoning ordinance had "grandfather rights" however, the livestock ordinance does not provide such rights. Attorney Burnett said he felt the livestock ordinance enforceable as written and should be enforced by city. The only alternative would be to amend ordinance, however, Attorney Burnett has not had time to study the case. Attorney Burnett said he would research circumstance, if ordinance is enforceable; that council could authorize mayor to instruct police to withhold on complaint until such research is complete. ~. Morgan informed council he has kept pigs since 1964, is able to get milk products from where he works and that he sprays twice a week for flies and keeps the pens clean. Councilman Romriell moved to authorize mayor to instruct police department to withhold on complaint until such time Attorney gets ordinance researched. Councilman Kinghorn seconded motion and all councilmen voted in favor. LOCAL IMPROVEMENT DISTRICT, Klane Forsgren, Perkins and Associates asked council if they had considered approving the L.I.D. request of his clients, Interstate Group Inc. and Roy Miller. Mayor told Mr. Forsgren the city had corresponded with Interstate Group, Inc. in regards to the city's feeling for the local improvement district to improve West Burnside Avenue. City Clerk informed mayor and council that Engineer Steve Smart had called the city office and requested to be taken off the agenda in regards to the L.I.D. request, that his clients had decided not to pursue the L.I.D. any further. Councilman Taylor told Mr. Forsgren.the city does not favor a Local Improvement District for development of street for new business development. Councilman Romriell also informed Mr. Forsgren that if council approved this L.I.D. request, that residential developers would be in wanting to develop by Local Improvement District also. LOCAL IMPROVEMENT DISTRICT cont'd - Attorney Burnett advised council 259 they could table matter indefinitely until parties concerned asked for re-consideration on the Local Improvement Distnict. WRECKER SERVICE CALLS - Marvin Christensen, owner of Christensen's Texaco in Chubbuck informed council he does not feel he has had fair dealings in receiving his fair amount of wrecker service calls in the city. Mr. Christensen said he had contracted the services of an answering service on 24 hour call, and that according to the answering service records he has had one call back to the first of August, but he has been told the other wrecker service in Chubbuck has received at least 15 calls. Mr. Christensen added, that the rotating list does not seem to be a reality. Mr. Christensen asked to be taken off wrecker service calls because he cannot afford to keep 24 hour service and then not receive the calls. On rotating calls with Pocatello Police Mr. Christensen said he receives three or four calls a week. Councilman Romriell asked if city has a conflict of interest with a city employe operating the wrecker service. Attorney Burnett said there seems to be a conflict of facts, and the question is -- has a bona fide effort been made to rotate the calls. Mayor Cotant told Mr. Christensen that he instructed the police to rotate the calls even though Mr. Christensen is not able to take every call. Mr. Christensen asked Mayor Cotant if a councilman or two would go with him to the answering service and go over the records in regards to wrecker calls. Councilman Kinghorn said he felt for Mr. Christensen to pull out of the wrecker service would be a dis-service to the city. Councilman Fullmer said he felt city needs services has policy for rotation, and a business like fashion should provide rotation calls to both wrecker services. Councilman Fullmer said he would be available to go with Mr. Christensen to review records. Mayor Cotant asked Mr. Christensen to stay on the list for now and the mayor and councilmen will further review the rotation system. CONSIDERATION TO INCREASE SANITATION FEES - Mayor and council discussed the need to increase the sanitation service fee. Attorney Burnett suggested clerk provide copies of Ordinance #60 to mayor and council for review and make recommendations and that a new ordinance could be adopted prior to codification. FINANCIAL STATEMENT PRESENTED to mayor and council. CLAIMS TO BE PAID IN SEPTEMBER presented to mayor and council. Councilman Romriell requested building permits be listed with comparable information in columns. After a thorough review, Councilman Kinghorn moved the claims be approved. Councilman Fullmer seconded motion All councilmen voted in favor of motion. 261 LIQUOR LICENSE FEES - Attorney Burnett presented a memorandum to city in regards to prorating fees for liquor license. Attorney Burnett made the opinion the full license fee should be charged regardless of when an application is received. FIRE PROTECTION AGREEMENT - Mayor Cotant read the Interagency Fire Protection Services Agreement between the City of Chubbuck and the Eastern Power County Fire Protection District in full. Councilman Fullmer moved to approve the mayor entering into this agreement with the Eastern Idaho Fire District and Power County. Councilman Romriell seconded motion with all councilmen voting in favor. WORKSHOP MEETINGS - Two meetings were set to work on the land development and land use ordinances and the codification ordinances; first meeting set for 4:00 p.m. Wednesday September 21st and second meeting set for Tuesday September 27th. CLERK'S INSTITIUTE - Mayor and council gave approval for city clerk to attend the clerk's institute at McCall September 21st thru 24th. GENERAL DISCUSSIONS 1. Noise after certain hours in residential zones. 2. Cable TV installations in easements. 3. Curb, gutter and sidewalk on Yellowstone. Ordinance #168 requires curb, gutter and sidewalk on arterial streets, however, the wisdom of requiring on a piece mill basis was questioned, especially on Yellowstone Highway in area of the widening project scheduled for possibly 1979. After further discussion Attorney Burnett was directed to prepare an ordinance revoking Ordinance #168. Councilman Kinghorn moved and Councilman Taylor seconded that meeting adjourn at 10:15 with all councilmen in favor. Vera C. Armstrong, City Clerk