HomeMy WebLinkAbout07 10 2001 CM111
COUNCIL MEETING MINUTES
July 10th, 2001
Minutes of a Regular Meeting held at the Chubbuck City Council Chambers, July 10th, 2001.
Present: Mayor John O. Cotant, Council members Leroy S. Quick, Steven M. England, Marvin C.
Gunter, B. Kent Kearns, Attorney Thomas J. Holmes and City Clerk Ron C. Conlin.
Public Works Director Steven M. Smart was excused.
Meeting was called to order at 7:30 p.m. by Mayor Cotant.
INVOCATION was given by Pastor John Robinson, Gate City Christen Church.
PLEDGE ALLEGIANCE TO THE FLAG
APPROVAL OF MINUTES - Mayor Cotant asked for corrections or additions to the Regular
Meeting Minutes of June 26th, 2001 and Special Meeting Minutes of June 28th, 2001.
Councilman Kearns moved to approve the Regular Meeting Minutes of June 26th, 2001
and Special Meeting Minutes of June 28th, 2001 as read, Councilman England seconded.
All council members voted in favor of motion.
PUBLIC HEAR1NG - An application by Jason W. Roylance, 1167 Fern Road, Pocatello, Idaho
for a Residential Planned Unit Development, (PUD); Preliminary Development Plan with
its accompanying preliminary plat. Located at 146 Adams and a portion of 166 Adams
Street. Property is presently zoned at146 Adams, Dense Residential, (R-4) and a portion
of 166 Adams is, Limited Residential, (R-2).
Dan Long, Rocky Mountain Engineering was present to explain the prososal.
Mayor Cotant declared the public hearing open, there being no comment Mayor Cotant
declared the public hearing closed.
Councilman England moved to approve the application by Jason W. Roylance for a
Residential Planned Unit Development, PUD); Preliminary Development Plan with its
accompanying preliminary plat, located at 146 Adams and a portion of 166 Adams,
Councilman Gunter seconded. All council members voted in favor of motion.
113
COUNCIL MEETING MINUTES - (cont.)
July l0th, 2001
DISCUSSION ABOUT VERN COMBS, 5250 STUART AVE CONDITIONAL USE PERMIT
APPROVAL- (cont.)
Mayor Cotant stated Jim & Teresa Schmidt, 5227 Stuart did not receive notice that the
City Council was going to discuss the conditional use permit application the night of
approval. Mayor Cotant said he felt the Schmidt's should have the opportunity to come
before the Council and explain their concerns.
Jim Schmidt, 5227 Stuart Ave stated the PBR-1 Law that was passed July 1st, 2001, is a
law that was passed that prohibits a blanket prohibition on ham radio operators from
operating in the City. Mr. Schmidt said he does not want to prohibit ham radio operators
from operating in the City but in the area of his home. Mr. Schmidt said there is a tag on
his daughter's wheel chair that states there is a notice of radio frequency interference
stating this radio frequency statement must be attached to the wheel chair at all times,
"Warning, radio wave sources may affect power wheel chair motorized control, radio
wave sources such as radio, TV stations, amateur transmitter, two way radios and cellular
phones can affect power wheel chair". Mr. Schmidt said they can cause unintended brake
release with power wheel chair movement. Mr. Schmidt stated there are articles written
on this subject that state they do have power wheel chair problems around ham radio
towers. Mr. Schmidt said he felt he moved in first, he did not move in next door to a radio
antenna. Mr. Schmidt asked the Council to rescind approval of the conditional use permit
to Vern Combs.
Vern Combs, 5250 Stuart explained that because the ham radio antenna is far enough
away the ham radio antenna, (275') it should not have an affect on the wheel chair. Mr.
Combs said he has expended the monies for the radio antenna.
William Konzel,, 5375 Stuart Ave. spoke in favor of the Council rescinding approval of
the conditional use permit. Mr. Konzel stated he felt Mr. Combs misrepresented the facts
the FCC law said at the Council Meeting. Mr. Konzel said Mr. Combs could have a
directional antenna, which would limit the amount of interference that would go in Mr.
Schmidt's direction.
Debbie Combs, 5250 Stuart stated she talked to manufactures, all the manufactures told
her the tag on the wheel chair is standard procedure.
Colin Jackson, 5230 Stuart Ave expressed concern with approval of a conditional use
permit because it might cause harm to a handicapped person in the neighborhood. Mr.
Jackson was in favor of the Council rescinding approval of the conditional use permit.
COUNCIL MEETING MINUTES - (cont.)
July l0th, 2001
115
DISCUSSION ABOUT VERN COMBS, 5250 STUART AVE. CONDITIONAL USE PERMIT
APPROVAL - (cont.)
Jim Schmidt said he called Teton Wireless Communication's Representative and asked if
he would be willing to sign a statement stating Mr. Comb's radio antenna would not
interfere with his daughter's wheel chair, the representative said he would not sign a
statement to that effect.
Attorney Holmes stated the City does have jurisdiction and can deny or regulate a radio
antenna based on safety, City does not have jurisdiction over appearance and interference,
the FCC regulates interference.
Councilman Gunter moved to rescind the Council's decision on April 24th, 2001 Council
Meeting to approve a conditional use permit for an amateur radio transmission antenna to
be located at 5250 Stuart Ave and deny the application by Vern Combs, 5250 Stuart Ave
for a conditional use permit to allow a 60' radio transmission antenna at (5250 Stuart
Ave), Councilman Quick seconded. Roll Call Vote: Keams, no; Quick, yes, England, yes;
Gunter, yes. Motion passes.
PROPOSED SANITATION INCREASE BY PSI - Stoney Tucker, PSI was present to request an
increase in their sanitation pick up. Mr. Tucker stated there has been a tremendous
increase in fuel rates since the time that the contract was bid. Mr. Tucker said their fuel
rates have increased as much as 66%. Mr. Tucker said they would like a one dollar per
month increase on all accounts. The surcharge would be taken away if fuel rates dropped
below $1.02 per gallon.
Council tabled the proposed sanitation increase until the July 24th, 2001 Council M~eting.
FORT HALL WATER USERS ASSOCIATION DISCUSSION - Wayne Hale, 4825 Whitaker
Road expressed his concern that in the last ten years people have lost their water rights. In
1995 the Water Rights Agreement cost our rights of storage water in Blackfoot Reservoir
to be reduced by 80%.
Mr. Hale said the Fort Water User's Association is seeking financial support to file a law
suit against the Federal Government. Mr. Hale said they have got f'mancial support by an
approved two separate assessments totaling $15.00 an acre. Mr. Hale said the Fort Hall
User's Association are in need of a signed affidavit indicating willingness of the City to
be a party to the lawsuit.
117
COUNCIL MEETING MINUTES - (cont.)
July l0th, 2001
FORT HALL WATER USERS' ASSOCIATION DISCUSSION - (cont.)
Attorney Holmes stated the City has not been damage and has not been using the water so
does the City want to get involved in the lawsuit, not knowing what future costs may be.
Ruth Johnson 13562 W. Tyhee stated the City owns 58 acres of irrigation water, Mrs.
Johnson stated she felt the City Officials should be concerned.
Councilman England moved to support the lawsuit brought by the Water Users'
Association against the Federal Government, Councilman Gunter seconded. All council
members voted in favor of motion.
ORDINANCE #543 - Amending Section 18.08.040(b) to require the setback on a comer with a
garage or carport opening to be the same as the front yard setback.
Attorney Holmes read Ordinance #543 by title only for the third and final reading.
Councilman Quick moved to adopt Ordinance #543 as read, Councilman Keams
seconded. Roll Call Vote: Quick, yes; England, yes; Gunter, yes; Keams, yes.
ORDINANCE #544 - Amending Section 18.08.040(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 #544 by title for the third and final reading.
Councilman England moved to adopt Ordinance #544 as read, Councilman Gunter
seconded. Roll Call Vote: Quick, yes; England, yes; Gunter, yes; Keams, yes.
PROPOSED ADDRESS CHANGE - MOBILE HOME COURT BEHIND RAY'S CUSTOM
INTERIOR - The Chubbuck Fire Department is asking for a change of address for the
trailer park on Valenty Road. The park currently has a Yellowstone address, of 4866
Yellowstone and is behind Ray's Custom Interiors. Due to the configuration of the area,
access for both private and emergency vehicles would be more appropriate off Valenty
Road.
The property is split by a locked fenced gate and would make responding to an incident
difficult and delayed do to the fenced access, the access to the property is open on
Valenty Rd. by leaving the address a Yellowstone Ave. address the trailer park is not
marked on the out side of the park or on our running maps, this also makes it difficult to
find the location.
119
COUNCIL MEETING MINUTES - (cont.)
Julyl 0th, 2001
PROPOSED ADDRESS CHANGE - (cont.)
Fire Department stated to reduce the delayed responses to the location in the future they
would like to see this address changed to 4853 Valenty Road.
Councilman England moved to change the trailer park address currently 4866
Yellowstone Ave. to 4853 Valenty Road, Councilman Quick seconded. All council
members voted in favor of motion.
ORDINANCE - Amending Section 10.08.050(a) to increase the speed limit on Chubbuck Road
within the City Limits to 35; adding Section 10.08.055 to provide for a penalty when
speeding in a construction zone.
City Clerk Ron Conlin was directed to put notice of increased speed limit from City Limit
to City Limit on East and West Chubbuck Road in paper.
Council tabled the ordinance until the July 24th, 2001 Council Meeting.
POLICE DEPARTMENT RECORDS DESTRUCTION - Police Department asked Council
permission to destroy the following records:
1. Cris Report 940006 scanned and verified.
2. Spillman Report 98-C0671 scanned and verified.
3. Press Release May 15th, 2001 Suspicious Death scanned and verified.
4. Scanned documents within Retention Schedule - 1996 Cris Reports Directory
attached.
5. Policy Manuals - Out dated Versions.
Councilman England moved to grant Police Department permission to destroy the
records, 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 the computer print-out claims as presented,
Councilman England seconded. All council members voted in favor of motion.
GENERAL DISCUSSION - Mayor Cotant stated Care Free Homes on Yellowstone Ave. left the
City, the big flag pole on the property can be the City's if City is willing to water and
mow the grass on the property until they can sell the property. Mayor Cotant said the City
will enter into agreement with the owners.
121
COUNCIL MEETING MINUTES - (cont.)
July l0th, 2001
At 9:24 p.m., Councilman Quick moved, Councilman England seconded, with full council
approval to adjourn meeting.
Ron C. Conlin, City Clerk