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Home My WebLink About06 26 2001 CM91 COUNCIL MEETING MINUTES June 20, 2001 Minutes of a regular meeting held at the Chubbuck City Council Chambers, June 26th, 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. INVOCATION was given by Bishop Clark Anderson, Chubbuck 1st Ward, The Church of Jesus Christ of Latter -Day Saints. PLEDGE ALLEGIANCE TO THE FLAG APPROVAL OF MINUTES - Mayor Cotant asked for corrections or additions to the Regular Meeting Minutes of June 12th, 2001. Councilman Kearns moved to approve the Regular Meeting Minutes of June 12th, 2001 with the following changes; 1) Delete Councilman Leroy S. Quick from attendance at the meeting, he was excused. 2) Councilman Kearns voted "no" on approval of business license granted to Paul L. Morrison, Circle Inn #52 to sell wellness and health products door to door in the City, Councilman England seconded. All council members present voted in favor of motion. PUBLIC HEARING - RATIFYING CONTRACT FOR INTERGOVERNMENTAL TRANSFER OF PERSONAL PROPERTY - City of Chubbuck proposes to sell to the City of Inkom for $3,500., equipment described as follows: 1982 Chevrolet, 1 -ton, Crew Cab, 4X4, Mako Skid Unit. Mayor Cotant declared the public hearing open, there being no comment, Mayor Cotant closed the public hearing. Councilman Gunter moved to authorize Mayor Cotant to enter into a contract for the Intergovernmental Transfer of Personal Property to the City of Inkom, Councilman Quick seconded. All council members voted in favor of motion. DAY CARE FACILITY APPLICATION - Allison Higgins, 489 Randolph, Pocatello, Idaho ABC Preschool & Daycare Center has applied for a business license to operate a day care facility at 265 E. Chubbuck Road. 93 COUNCIL MEETING MINUTES - (cont.) June 26`h, 2001 BUSINESS LICENSE APPLICATION - ABC PRESCHOOL - (cont.) Councilman Kearns moved to grant Allison Higgins, 489 Randolph a day care facility license to operate ABC Preschool and Daycare Center at 265 E. Chubbuck Road, Councilman Gunter seconded. All council members voted in favor of motion. ORDINANCE - Amending Section 18.08.040 (B) to require the setback on a corner with a garage or carport opening to be the same as the front yard set back; repealing prior conflicting ordinances; providing for the severability of the provisions of this ordinance; providing that all other sections and provisions of Chapter 18.08 not herein amended shall remain in full force and effect. Attorney Holmes read the ordinance in full for the second reading. Council tabled the ordinance until the July 10`h, 2001 Council Meeting. ORDINANCE - Amending Section 18.12.040 (F) of the Chubbuck Municipal Code to eliminate the difference in site triangle requirements on a driveway from that imposed on other streets. Attorney Holmes read ordinance in full for second reading. Council tabled the ordinance until the July 10`h, 2001 Council Meeting. PSI IS REQUESTING AN INCREASE IN THE SANITATION FEE TO THE CITY - Stoney Tucker, PSI said there has been a tremendous increase in fuel rates since the time that the contract was bid, we are in the second year of a five year contract Mr. Tucker said PSI is asking the Council consider a one dollar per month increase on all accounts. PWD Smart stated PSI is giving the City good sanitation service. Councilman Gunter stated he would like to see if the actual cost equates to the $1.00 per account they are requesting. Council tabled the request until PWD Smart can invite a PSI Representative to Council Meeting. 95 COUNCIL MEETING MINUTES - (cont.) June 26 ', 2001 PROPOSED ADDRESS CHANGE - Fire Chief Eric King stated the Fire Department is asking for a change of address for the trailer park on Valenty Road. The trailer park currently has a Yellowstone address. Due to the configuration of the area, access for both private and emergency vehicles would be more appropriate off Valenty Road. To reduce the delayed responses to this location in the future the Fire Department would like this address to be changed to 4853 Valenty Road. PWD Smart stated his department will contact Parrish's advising them the address has to be changed. Council tabled the request until the July 10th, 2001 Council Meeting. POLICE DEPARTMENT RECORDS DESTRUCTION - Police Department asked Council permission to destroy the following records: 1. Parking permits for the Cotant Park area year 2000 unused tags. 2. Uniform Citations - All out of the retention period of current plus one year. 3. Inspection forms for past years on police vehicles. 4. Explorer Application Files - 1995 -2000. 5. Scanned Documents within Retention Schedule. Councilman England moved to grant Police Department permission to destroy the records, Councilman Quick seconded. All council members voted in favor of motion. BEER AND WINE LICENSE APPLICATION - Terry Ray Entertainment, Mystique Theater, 158 E. Chubbuck Road has applied for a beer and wine license to sell beer and wine at the Mystique Theater, 158 E. Chubbuck Road. City Clerk Conlin polled the Council prior to allow Mystique Theater to sell beer and wine on their opening day of June 6', 2001. Councilman Gunter moved to grant Terry Ray Entertainment, Mystique Theater a beer and wine license to sell beer and wine at 158 E. Chubbuck Road, Councilman Kearns seconded. All council members voted in favor of motion. FIREWORKS PERMIT APPLICATION - Brenda Pollard, Dino -Mite Fireworks 115 Taft has applied for a fireworks permit to sell fireworks from a stand at 1040 Yellowstone Ave.(East side of Green Triangle Parking Lot). The owner will call Fire Department for inspection when owners have the stand set up. City Clerk Conlin stated the City has received the required insurance requirements. COUNCIL MEETING MINUTES - (cont.) June 26, 2001 FIREWORK PERMIT APPLICATION - (BRENDA POLLARD) - (cont.) Councilman England moved to grant Brenda Pollard, Dino -Mite Fireworks a fireworks permit to sell fireworks from a stand at 1040 Yellowstone Ave, (east side of Green Triangle Parking Lot) subject to Fire Department inspecting the stand, Councilman Quick seconded. All council members voted in favor of motion. LEASE PURCHASE AGREEMENT - CATERPILLAR FRONT END LOADER - PWD Smart stated the old front end loader engine was just about ready to go, the lease on the road grader came up so we are opting to change the lease from the road grader to a new front end loader. Councilman England moved to authorize Mayor Cotant to enter into a lease agreement to purchase a front end loader, Councilman Gunter seconded. All council members voted in favor of motion. ORDINANCE #542 - Providing for change of Land Use District with respect to certain lands within the boundaries of the City of Chubbuck from Limited Residential, (R -2) to Dense Residential, (R -4); declaring that the City Council finds that such change in Land Use District is compatible with the Land Use Pattern prescribed by the City's Comprehensive Plan. Attorney Holmes read Ordinance #542 in full for the first and final reading. Councilman Kearns moved to dispense with the rule of reading Ordinance #542 on three separate days, Councilman Gunter seconded. Roll Call Vote: Quick, yes; England, yes; Gunter, yes; Kearns, yes. Councilman Quick moved to adopt Ordinance #542 as read, Councilman Gunter seconded. Roll Call Vote: Quick, yes; England, yes; Gunter, yes; Kearns, yes. ORDINANCE - Amending Section 10.08.050 (A) to increase the speed limit on certain sections of Chubbuck Road to 35; adding Section 10.08.055 to provide for a penalty when speeding in a construction zone. Attorney Holmes read ordinance in full for the first reading. Discussion about including all of East and West Chubbuck Road thirty five, (35) miles an hour from East City Limit to West City Limit. •I COUNCIL MEETING MINUTES - (cont.) June 26`h, 2001 ORDINANCE - SPEED LIMITS - (cont.) - Attorney Holmes stated he will amend the proposed ordinance to read 35 miles per hour from East City Limits to West City Limits on Chubbuck Road. Council tabled the ordinance until the July 10 ', 2001 Council Meeting. WATER RIGHTS ON FORT HALL INDIAN RESERVATION - PWD Smart stated the Fort Hall Water Users Association is preparing a lawsuit against the Federal Government because the water rights agreement that was signed in 1995, the Feds reduced the water available to the non - Indian irrigators in the system. Fort Hall Water Users have hired an Attorney out of Hailey, Idaho. City of Chubbuck has been invited to be involved in the lawsuit. PWD Smart said we have made contact with Josephine Beman in Boise. City has asked for her input to see how she feels about the City being involved in the lawsuit. Could receive a response from her any day. ^., Councilman England moved to authorize Mayor Cotant to enter into an agreement with Fort Hall Water Users, according to the information the City receives from Attorney Josephine Beman, subject to the Council being advised of what happens, Councilman Gunter seconded. All council members voted in favor of motion. CLAIMS - Computer print -out claims presented to Mayor Cotant and Council. Councilman Gunter moved to approve computer print -out claims as presented, Councilman Kearns seconded. All council members voted in favor of motion. GENERAL DISCUSSION - 1. PWD Smart stated Hawthorne Road will be opened for traffic Friday afternoon some time. 2. Mayor Cotant stated the Land Use Commission suggested the City pay for paving Kingsway Ave, with Jackson's Texaco paying their share now, then as others develop on Kingsway the City will be reimbursed. City should require E. Burnside Ave. in front of Jackson's Texaco to be one way, requiring traffic to exit on Burnside Ave to Evans Lane to Yellowstone Ave. 3. Mayor Cotant stated the City should make a decision on what to do about a park on Garden Drive. Discussion about where the street will go adjacent to the park. 101 COUNCIL MEETING MINUTES - (cont.) June 26', 2001 GENERAL DISCUSSION - (cont.) 4. Mayor Cotant asked the Council to be aware the City is receiving a lot of complaints on the looks of Heritage West Well Air Stripping structure on West Chubbuck Road, we might have to do something in the future. 5. Mayor Cotant expressed concern about potential liability on Scott Price's benches sitting in different locations throughout the City. Discussion specifically about the Hawthorne and W. Chubbuck Road bench. Discussion about better locations for the bench to be placed, Police Chief Rowland stated he has mentioned the concerns to Scott Price, but Mr. Price is more concerned with the visibility of the signs on the benches. Attorney Holmes said he will look at the contract, then City will deal with the concerns. 6. Fire Chief Eric King stated he went to North Bannock County Fire District Commissioners to explain to them the Chubbuck Fire Department costs for covering their District is not being covering by the $65,OOO.now being collected. FC King is meeting with City Auditor Scott Jones to make sure all costs are being included in the numbers presented to the North Bannock County Fire District. Mayor Cotant suggested Scott Jones go to the meeting with FC King. 7. Rich Marley, 5150 Stuart Ave. expressed concern people renting the Stuart Park Pavillian are not able to dump their garbage into the dumpster at the park because of the dumpster being locked. People fill the smaller cans, then the excess garbage blows into yards across the street. The reason the dumpster is locked is because out of area people fill up the dumpster. Mayor Cotant said the City will leave unlocked or issue a key for the dumpster at time of picking up other keys. 8. There have been complaints about a fire hydrant on West Chubbuck Road leaking. PWD Smart said he will check out on what the problem may be. 9. The Hawthorne Road Construction, north of I -86 Bridge to West Chubbuck Road will be bid. 10. Hawthorne Road north of I -86 Bridge residents will be notified there will be a meeting regarding construction of Hawthorne Road, north of I -86 Bridge, Thursday, June 281', 2001 at 6:00 p.m. 103 COUNCIL MEETING MINUTES - (cont.) June 26`h, 2001 At 9:50 p.m., Councilman England moved, Councilman Quick seconded, with full council approval to adjourn meeting. r no ITMIX10.111ON111111 2 v,VW✓ f Ron C. Conlin, City Clerk ,¥ of ~lder "1996" (Page 2): 962175cr ~ 962176cr ~ 962177cr ~ 962178cr ~ 962179cr ~ 962180cr ~ 962181cr ~ 962182cr ~ 962183cr ~ 962184cr ~ 962186cr ~ 962187cr ~ 962188cr ~ 962189cr ~ 962191cr 962192cr 962193cr 962194cr 962195cr 962196cr 962197cr 962198cr 962199cr 962200cr 965801cr 965802cr 965803cr 965804cr 965805cr 965806cr 965807cr 965808cr 965809cr 965810cr 965811cr 965812cr 965813cr 965814cr 965815cr 965816cr 965817cr 965818cr 965819cr 965820cr 965821cr 965822cr 965823cr 965824cr 965825cr 965826cr 965827cr folder "1996" (Page 3): 96 8300r 9658316r 965832cr 965833cr 965834cr 965835cr 965836cr 965837cr 965838cr 965839cr 965840cr 965841cr 965842cr 965843cr 965844cr 965845cr 965846cr 965847cr 965849cr 965850cr