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Home My WebLink About04 24 2001 CM55 COUNCIL MEETING MINUTES April 24'h, 2001 Minutes of a regular meeting held at the Chubbuck City Council Chambers, April 24`h, 2001. Present: Mayor John O. Cotant, Council members Leroy S. Quick, Steven M. England, Marvin C. Gunter, B. Kent Kearns, Attorney Thomas J. Holmes, Public Works Director Steven M. Smart and City Clerk Ron C. Conlin. Meeting was called to order at 7:30 p.m. by Mayor Cotant. PLEDGE ALLEGIANCE TO THE FLAG APPROVAL OF MINUTES - Mayor John O. Cotant asked for corrections or additions to the Regular Meeting Minutes of April 10', 2001. Councilman Kearns moved to approve Regular Meeting Minutes of April 10`h, 2001 as read, Councilman Quick seconded. All council members voted in favor of motion. APPEAL OF LAND USE AND DEVELOPMENT COMMISSION'S DENIAL OF VERN COMBS CONDITIONAL USE PERMIT APPLICATION TO ALLOW TWO AMATEUR RADIO TRANSMISSION ANTENNAS AT 5250 STUART - Council reviewed the application at the April 10`h, 2001 Council Meeting. At that time Council decided to table the application until they could review the impact the radio antennas might have on the neighborhood. Tony Hafla, Teton Communications was present to give some training on the proposed antennas. Mr. Hafla presented a short course on radio /telephone frequency propogation. Mr. Hafla said the FCC is the only agency mandating how frequencies are used. Mr. Hafla said the FCC does not regulate the siting and would hope the government entities would provide adequate regulation. Mayor Cotant asked Mr. Hafla about the concern of Jim Schmidt, 5227 Stuart that there might be interference with their medical equipment for their child. Mr. Hafla said most medical equipment is manufactured, then tested to all kinds of interference, but Mr. Halfa said he cannot say there will not be interference with the equipment. Mr. Halfa stated the intent of the law is that most anyone should be able to use the amateur band, but communities can regulate sight, safety and health concerns. Debra Combs, 5250 Stuart stated the antenna is free standing in concrete, also with a wire re -barb cage that inserts into the ground. 57 COUNCIL MEETING MINUTES - (cont.) April 24`h, 2001 APPEAL - RADIO ANTENNAS - VERN COMBS - (cont.) Councilman Kearns moved to reverse the Land Use and Development Commission's decision to deny the application by Vern Combs for a conditional use permit to allow two amateur radio transmission antennas and allow the construction of one 60' tower on which co- location of all antennas on the property, (5250 Stuart Ave.) must be placed, that there be an appropriate building permit issued and inspected through the construction process, Councilman Gunter seconded. Roll Call Vote: Quick, yes; England, yes; Gunter yes; Kearns, yes. GARDEN PARK SUBDIVISION - DEVELOPMENT OF ROSE STREET - PWD Smart stated he researched the minutes of the various approval meetings with regard to the Garden Park Subdivision. Council reviewed the Council and Staff Meeting Minutes. PWD Smart stated the motions for approval in both the LUDC and the Council Meeting address development of Rose Street with the stipulation that it be full width with no curb and gutter until further development. PWD Smart said the developer was trying to negotiate the purchase of the Bill Armstrong property, east of the Orson Watson property, and the developer did not want to have to cut the curb, gutter and street in order to provide water and sewer services to potential lots on the east side of Rose Street in Garden Park Subdivision. PWD Smart did not believe it was the intent of the commission to address the section of Rose Street that lies between Stuart Subdivision and Garden Park subdivision, which is about 200 feet in length. City has not accepted any of the streets in Garden Park Subdivision. Councilman Kearns moved to require the street be constructed, along with curb and gutter being constructed to City Standards. If the Garden Park Subdivision developer wants to enter into a development agreement, he can, Councilman England seconded. All council members voted in favor of motion. APPEAL - JACKSON'S FOOD STORE #30 - John Jackson, Jackson's Food Store sent in a request asking the City Council to consider he be allowed to have a 65' wide access to E. Burnside Ave., (east- west). Mr. Jackson said the unimproved portion of his site is being developed for the purposed of diesel fuel sales and needs to be accessible by large trucks. The Design Review Committee only allowed Mr. Jackson a 45' access. Discussion about traffic accident concerns caused by cars and trucks going onto Yellowstone Ave. from E. Burnside Ave. Discussion about making E. Burnside Ave. a one way street, requiring trucks to leave by Kings Way to Evans Lane. 59 COUNCIL MEETING MINUTES - (cont.) April 24th, 2001 APPEAL - JACKSON'S FOOD STORE #30 - PWD Smart stated Kings Way would most likely have to be constructed to accommodate truck traffic. Mr. Jackson asked the Council to consider approving the request for a wider access onto his site. Mr. Jackson does not feel that the approval would set a precedent for other businesses, unless they too are making significant improvements to existing roads and catering to "over the road" haulers. Mr. Jackson said he estimated only 10 semi - trucks per day, he did not feel this would be a significant amount. Mr. Jackson said he would be willing to install signs, requiring trucks to go to north to Evans Lane. Attorney Holmes suggested because this is not a scheduled use, this request should go through the conditional use permit process through the Land Use and Development Commission. Councilman Quick moved to deny John Jackson's, Jackson Foods Store request for a 65' wide access to E. Burnside Ave, Councilman Kearns seconded. All council members voted in favor of motion. BUSINESS LICENSE APPLICATION - Steven J. Kowalski, 3800 S. Decator #207, Las Vegas, Nevada has applied for a business license to sell magazines door to door in the City. Mr. Kowalski stated he has several individuals going door to door selling the magazines. City has a list of the individuals selling the magazines. Mr. Kowalski said he they will cover the City in approx. five days. Police Department recommended the Council grant Mr. Kowalski a business license. Councilman England moved to grant Steven J. Kowalski a business license to sell magazines door to door in the City of Chubbuck, Councilman Gunter seconded. Roll Call Vote: Quick, yes; England, yes; Gunter, yes; Kearns, no. PUBLIC HEARING - PORTION OF MARY'S PARK - The Mayor and Council of the City of Chubbuck have authorized by Ordinance the sale of the following described real properties owned by the City and located in Mary's Park. Mayor Cotant declared the public auction open. 61 COUNCIL MEETING MINUTES - (cont.) April 24`h, 2001 PUBLIC HEARING - PORTION OF MARY'S PARK - (cont.) PWD Smart stated there has been some desire from the adjoining property owners bordering Mary's Park to purchase little slivers of Mary's Park. The value of each parcel has been appraised at $1,500.00. There were no bids received. Councilman Gunter moved to authorize Mayor Cotant to enter into negotiations with any interested parties on the sale of the property, Councilman Kearns seconded. All council members voted in favor of motion. VICTORIAN VILLAGE SUBDIVISION - WHITAKER ROAD STREET IMPROVEMENTS - PWD Smart stated last Council Meeting there was presented to Council an Offer of Dedication for Victorian Village Subdivision, the question arose whether or not the correct improvements had been made on Whitaker Road. Attorney Holmes said the Council approved a concrete pavement strip adjacent to the Whitaker Road asphalt and provide a grassy swale bordered by a sidewalk along Whitaker Road all according to the standard provided by the City's Engineering Staff. City is responsible for maintaining the swale. Melvin Jackson expressed concern about flooding on Whitaker Road. Councilman Quick made motion the City not accept the Offer of Dedication for Victorian Village Subdivision, Councilman Gunter seconded. Roll Call Vote: Quick, yes; England, absent; Gunter, yes; Kearns, yes. RETENTION SCHEDULE FOR POLICE DEPARTMENT - Police Chief Jerry Rowland presented March, 2001 Chubbuck Police Retention Schedule to Mayor Cotant and Council. Councilman Gunter moved to approve the March, 2001 retention schedule for the Police Department, Councilman Quick seconded. All council members present voted in favor of motion. CITY EMPLOYEE PERSONNEL POLICY - Council tabled the personnel policy until the May 8', 2001 Council Meeting. 63 COUNCIL MEETING MINUTES - (cont.) April 24`", 2001 CLAIMS - Computer print -out claims presented to Mayor Cotant and Council. Councilman England moved to approve computer print -out claims as presented, Councilman Gunter seconded. All council members voted in favor of motion. At 9:57 p.m., Councilman Gunter moved, Councilman England seconded, with full council approval to adjourn meeting. John • . Cotant, Mayor 4on- �. eon Ron C. Conlin, City Clerk