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Home My WebLink About07 24 2001 CM125 COUNCIL MEETING MINUTES July 20, 2001 Minutes of a regular meeting held at Chubbuck City Council Chambers, July 24th, 2001. Present: Mayor John O. Cotant, Council members Leroy S. Quick, Marvin C. Gunter, B. Kent Kearns, Attorney Thomas J. Holmes, Public Works Director Steven M. Smart and City Clerk Ron C. Conlin. Councilman Steven M. England was excused. Meeting was called to order at 7:30 p.m. by Mayor Cotant. INVOCATION was given by Bishop Doug Parker, Tyhee Ward, Tyhee Stake, The Church of Jesus Christ of Latter -Day Saints. PLEDGE ALLIANCE TO THE FLAG APPROVAL OF MINUTES - Mayor Cotant asked for corrections or additions to the Special Meeting Minutes of July 10th, 2001 and Regular Meeting Minutes of July 10th, 2001. Councilman Kearns moved to approve Special Meeting and Regular Meeting Minutes of July 10th, 2001 subject to correction of typos, Councilman Quick seconded. All council members present voted in favor of motion. OATHS - Police Officers Jared Beck and Michael Ballard. were sworn in by City Clerk Ron Conlin. APPEAL OF DECISION TO REVOKE VERN COMBS CONDITIONAL USE PERMIT FOR A HAM RADIO ANTENNA AT 5250 STUART AVE. - Mr. Combs, presented the City with an appeal to the decision to revoke his conditional use permit for his ham radio tower at 5250 Stuart Ave. Mr. Combs explained why he is appealing the decision to revoke his conditional use permit. 1. Violates Chubbuck City Code 18.28.040, Section B. 2. Violates Emergency Communications Preservation Act. 3. Violates Chubbuck City Code 10.13.050 Exemptions. 4. Violates Chubbuck City Code 18.24.070. Mr. Combs stated he felt there was no reason for his conditional use permit to be revoked at the last meeting. 127 COUNCIL MEETING MINUTES - (cont.) July 24th, 2001 APPEAL OF REVOCATION OF VERN COMBS, 5250 STUART CONDITIONAL USE PERMIT - (cont.) Colin Jackson, 5230 Stuart spoke against the 60' tower requested because of possible interference with Jennifer Schmidt's wheel chair. Bill Frede, AMI, Ramona, California said the times he has worked on interference problems it was always consumer problems or improper use of equipment. Mr. Frede spoke in favor of the 60' ham radio antenna. Mr. Frede stated ham radio operators are needed for emergencies. Darren Baur, 5370 Stuart Ave. stated his family was the first family in the new part of Stuart Ave. stating he is concerned with rights of residents that have lived there. Mr. Baur spoke against a 60' ham radio antenna at 5250 Stuart. Teresa Schmidt, 5227 Stuart Ave. stated she is concerned with the safety of her daughter Jennifer Schmidt, and that the antenna might cause interference with the operation of her wheel chair. Teresa Schmidt gave an example of interference with the wheel chair. Mrs. Schmidt said the wheel chair has a warning tag stating interference can cause a problem with the operation of the wheel chair. Mrs. Schmidt stated she does not want a ham radio antenna in the area. Attorney Holmes stated the City has a very limited jurisdiction over towers. Attorney Holmes stated if the antenna is denied, and the City is sued, the City could loose in court. Mr. Combs said he would prefer to install a 60' antenna rather than the 45' antenna allowed without conditional use approval. Mr. Combs stated, as mentioned several times he thought there would be less interference with the higher tower. Councilman Kearns stated Mr. Halfa, Teton Cellular backed up the height and penetration issues that Mr. Combs is talking about, emergency vehicles might be more of a concern. Councilman Kearns said he talked to Mary Jo Lucero, 226 W. Chubbuck Road, she has a power wheel chair, and she said she has not had a problem relating to interference. Randy Bennett, 5260 Stuart stated that while he is against the ham radio antenna being located at 5250 Stuart he would agree that the higher the antenna the less interference problems there may be. 129 COUNCIL MEETING MINUTES - (cont.) July 24`t', 2001 APPEAL OF REVOCATION OF VERN COMBS CONDITIONAL USE PERMIT - (cont.) Councilman Gunter moved to continue to rescind the Council's decision on April 24`h, 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 Cobs, 5250 a conditional use permit to allow a 60' radio transmission antenna. Due to a lack of a second, the motion died. Councilman Kearns moved to reinstate the conditional use permit to approve a conditional use permit for a 60' amateur radio transmission antenna to be located at 5250 Stuart. Ave. Due to a lack of a second the motion died. Attorney Holmes stated if a decision cannot be reached tonight, the July 10`h, 2001 decision to rescind the Council decision on April 24', 2001 to approve a conditional use permit for an amateur radio transmission antenna to be located at 5250 Stuart Ave and deny the conditional use permit to allow a 60' radio transmission antenna at, (5250 Stuart) will stand. PSI REQUEST FOR SANITATION INCREASE - There was no representative from PSI. Council tabled the PSI request for an increase in rates on sanitation pick up in the City. 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. Melvin Jackson, 5111 Whitaker Road stated students driving on Hiline Road cut through the LDS Church Parking Lot, when they hit East Chubbuck Road they increase their speed to above 40 miles per hour. Mr. Jackson said there are too many speeders now without raising the speed limit. Mr. Jackson said he is opposed to increasing the speed limit to 35 mile per hour. Del Hildreth, 240 W. Chubbuck Road said drivers are going 5 miles over speed limit now at 30 miles per hour, drivers will go 5 miles over the 35 miles per hour if the speed limit is raised to 35 miles per hour. Mr. Hildreth stated he is against the proposed ordinance raising the speed limit to 35 mile per hour. COUNCIL MEETING MINUTES - (cont.) July 24 ', 2001 ORDINANCE - (cont.) 131 Werner Rosenbaum, 258 W. Chubbuck Road stated the difference between Yellowstone and Chubbuck Road is Chubbuck Road is only 3 lanes with the turning lane included. Mr. Rosenbaum said when he slows down to pull in his driveway vehicles will not slow down a they pass him in the turning lane. Mr. Rosenbaum stated he is opposed to raising the speed limit on Chubbuck Road to 35 miles per hour. Claudio Avila, 4903 Sheppard stated Chubbuck Road is more residential than Yellowstone Ave stating he is opposed to the speed limit being increased to 35 mile per hour. Discussion about the speed limit study. After discussion, Council directed Attorney Holmes to redraft the ordinance so it will not include increasing the speed limit on East and West Chubbuck Road to 35 miles per hour. POLICE DEPARTMENT RECORDS DESTRUCTION - Police Department asked Council permission to destroy records. List attached. Councilman Quick moved to grant Police Department permission to destroy the records, Councilman Gunter seconded. All council members present voted in favor of motion. 2001 SEAL COAT BID - Council reviewed the bid tabulation. TOTAL COST Bannock Paving $ 40,283.75 Snake River Construction $ 44,622.00 Councilman Gunter moved to authorize Mayor Cotant to enter into agreement with the low bidder, Bannock Paving - $ 40,283.75, Councilman Kearns seconded. All council members present voted in favor of motion. 133 COUNCIL MEETING MINUTES - (cont.) July 24`h 2001 PLAYGROUND EQUIPMENT SALE - The Parks Department has a surplus of three log playground structures and is offering them for sale to the public. The following bids were received: BIDDER BID TOTAL Poohz Half Acre $600.00 per unit $ 1,800.00 Kitty King $156.00 (one unit only) $ 156.00 log playground structure (plus single slide). $ 61.00 $ 61.00 one structure w/o slide. Brent & Vicki Holman $ 153.96 $ 153.96 Councilman Kearns moved to accept the high bid of $1,800.00 and sell the equipment to Poohz Half Acre, Councilman Quick seconded. All council members voted in favor of motion. CLAIMS - Computer print -out claims presented to Mayor Cotant and Council. Councilman Kearns moved to approve computer print -out claims as presented, Councilman Gunter seconded. All council members present voted in favor of motion. GENERAL DISCUSSION - 1. Richard Marley, 5150 Stuart expressed concern about how the City paint crews dispose of excess paint used for gutters, streets, etc. Mr. Marley said he saw the paint being dumped down the sewer or storm drains. Mayor Cotant said he will check out, the City should not be dumping excess paint down either the sewer or storm drains. At 9:18 p.m., Councilman Quick moved, Councilman Gunter seconded, with full council approval to adjourn meeting. John O. Cotant, Mayor Ron C. Conlin, City Clerk