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HomeMy WebLinkAbout03 23 2004 CM61 COUNCIL MEETING MINUTES March 23 d, 2004 Minutes of a regular meeting held at the Chubbuck City Council Chambers, March 23`d, 2004. Present: Mayor John O. Cotant, Council members Leroy S. Quick, Steven M. England Marvin C. Gunter, 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 Bishop Norman Reece, Chubbuck 2nd Ward, Chubbuck Stake, The Church of Jesus Christ of Latter -Day Saints. PLEDGE ALLEGIANCE TO THE FLAG was lead by Dusty Crump. APPROVAL OF MINUTES - Mayor Cotant asked for corrections and additions to the Regular Minutes of March 9`h, 2004 and Special Meeting Minutes of March 1 1"', 2004. Councilman Kearns moved to approve the Regular Meeting Minutes of March 9"', 2004 with the following correction; Page 57, motion for request for water - Land Rush Estates PUD should read as follows: (Councilman Gunter made motion the City Council commit to serving water to the Land Estates Planned Unit Development with condition that PWD Smart do a study and the City charge residents in the development, costs in addition to the regular City rate with no cap, Councilman Kearns seconded), Councilman Quick seconded. All council members voted in favor of motion. Councilman England moved to approve to Special Meeting Minutes of March 11", 2004 as read, Councilman Gunter seconded. All council members present voted in favor of the motion. BRENEMAN SQUARE DIVISION NO. 1 FINAL PLAT - Council reviewed the Breneman Square Final Plat located at the NW corner of Yellowstone Ave and Breneman Road. City of Chubbuck engineers recommended approval of the final plat as presented. Mayor Cotant said Hawkins Companies wants to be in business the first of August, 2004. Councilman Kearns moved to approve the Breneman Square Division 1 Final Plat as presented, Councilman Quick seconded. All council members voted in favor of motion. 63 COUNCIL MEETING MINUTES - (cont.) March 23`d, 2004 FINAL PLAT - PHEASANT RIDGE TOWNHOUSES PHASE 2 - Mayor Cotant and Council reviewed the Pheasant Ridge Phase 2 Final Plat located at Whitaker Road and Alamo Street. The Engineering Department recommended approval of the Pheasant Ridge Phase 2 Final Plat as presented. Mary Bunce, 755 E. Chubbuck Road asked where the park is located in the development. Mayor Cotant stated the development has green area all through the subdivision that is about twice the amount required. The developer stated there will be two parks, one is half completed. It will be completed in approx. two weeks. The second park will be completed by mid summer, it will have basketball court, volleyball space, etc. Councilman Gunter moved to approve the Pheasant Ridge Phase 2 Final Plat as presented, Councilman England seconded. All council members voted in favor of motion. ORDINANCE - Amending Chubbuck Municipal Code Section 6.04.030 to define an exempt and nonexempt family home daycare, to define compensation; amending 6.04.040 to provide an exempt family home daycare is not required to have a license; amending 6.04.110 (A) to clarify when children of the provider or an employee are not counted for staffing purposes; amending 6.08.010 to exclude the necessity of code compliance for an exempt family home daycare and to require inspections but not code compliance for a nonexempt family home daycare. Councilman Quick suggested a certificate be used, this will give the City control to require background checks. Councilman Quick stated the City of Chubbuck is the only City in the State that requires one child to be licensed. There are only seven cities that require a daycare license. Councilman Quick stated if an individual lives in Pocatello they do not have to get a license, but if they live in Chubbuck they are required to get a license. Councilman Quick said grandparents should be able to watch their grandchildren without getting a license. Councilman Quick felt this proposed ordinance assumes a grandparent is guilty. Attorney Holmes stated this proposed ordinance states if the provider is getting State Funding they are required to get a license, if they are not getting State Funding, if you are just watching family members they will not be required to get a license. Councilman Kearns stated he does not have a problem with the City of Chubbuck being tougher than the State or other Cities. 65 COUNCIL MEETING MINUTES - (cont..) March 23 ", 2004 ORDINANCE - AMENDED DAY CARE - (cont.) Councilman Gunter expressed concern about some of the wording in the proposed ordinance. Some of the wording makes some individuals in the City in violation of City Code. Patty Hopkins, Chubbuck Police Department stated the license fee for the first year at this time is $50.00, $34.00 is forwarded to the State for fingerprint cards, $16.00 is Chubbuck Police Department's administration charges. The following years fees are $16.00 annually. Police Department Representatives spoke in favor of the ordinance as presented. Attorney Holmes asked if the $16.00 City of Chubbuck Administration fee was waived would help. Councilman Quick said that would help, but felt the City should issue certificates. Councilman Kearns suggested the proposed ordinance be amended to add to Paragraph F; (the $16.00 administration fee be waived). The $34.00 finger printing card will be charged one time only. Councilman England suggested the City modify or waive the City administrative fee structure to the home rather than each provider. Attorney Holmes will draft the proposed ordinance with suggested changes. Council decided to table the proposed ordinance until the April 13 ", 2004 Council Meeting. REAL ESTATE AGREEMENT - JOHN H. CALL AND FRANCES K. CALL - 216 HIWAY AVE. - The City has received an appraisal of $90,500 from Appraiser Steve Teeples on the 216 Hiway Property. After discussion, it was decided the Seller, John Call shall have the right to continue to occupy the subject property for up to Twelve (12) months from and after closing, to provide Seller sufficient time to locate to another residence. The right to continue to occupy the property shall terminate on the last day of April, 2005. 67 COUNCIL MEETING MINUTES - (cont.) March 23rd, 2004 REAL ESTATE AGREEMENT FOR 216 HIWAY AVE. - (cont.) Councilman England moved to authorize Mayor Cotant to enter into an agreement with John & Frances Call for the purchase of 216 Hiway Ave, Lots 16 & 17, Highway Acres Subdivision with the agreement stating John & Frances Call shall have the right to continue occupying the property for up to Twelve (12) months from and after closing to provide the Call's sufficient time to locate another residence, Councilman Quick seconded. All council members voted in favor of motion. CLAIMS - Computer print -out claims presented to Mayor Cotant and Council. Councilman Quick moved to approve computer print -out claims as read, Councilman Gunter seconded. All council members voted in favor of motion. GENERAL DISCUSSION - 1. Cities- County Meeting March 25t', 2004, Thursday, Noon at the Bannock County Commissioners Office. One item on the Agenda is sewer to area north of City boundaries. 2. Councilman Kearns stated he still needs a Council member to serve on the Valley Pride Committee. The Committee meets in the afternoons, which he cannot attend. 3. Mayor Cotant stated he has a request from the Senior Citizen's Group asking for a representative from the Council, along with a $500 increase in the amount the City donates to the Group which is $500 at this time. At 8:50 p.m, Councilman England moved, Councilman Kearns seconded, with full council approval to adjourn meeting. John O. Cotant, Mayor l Ron C. Conlin, City Clerk