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Home My WebLink About09 14 2004 CMCOUNCIL MEETING MINUTES 165 September 14th, 2004 Minutes of a regular meeting held at the Chubbuck City Council Chambers, September 141H, 2004. Present: Mayor John O. Cotant, Council members Leroy S. Quick, Steven M. England, Kent Kearns, Attorney Thomas J. Holmes and City Clerk Ron C. Conlin. Councilman Marvin C. Gunter and Public Works Director Steven M. Smart were excused. Meeting was called to order at 7:30 p.m. by Mayor Cotant. PLEDGE ALLEGIANCE TO THE FLAG was lead by Josh Madsen. APPROVAL OF MINUTES - Mayor Cotant asked for corrections and additions to the Special Meeting Minutes of August 20, 2004 and Regular Meeting Minutes of August 24tH, 2004. Councilman Kearns moved to approve the Special Meeting Minutes of August 24`h 2004 and Regular Meeting Minutes of August 24th, 2004 as read, Councilman England seconded. All council members present voted in favor of motion. PUBLIC HEARING - ORDINANCE - Adding Section 17.16. 100 to the Chubbuck Municipal Code to require the water rights to any canal water serving ground to be developed to be assigned to the City unless the owner will otherwise be using those rights; to require the owner to show plans for such use. Mayor Cotant read proposed ordinance by title only for the first reading. Mayor Cotant declared the public hearing open. Darris Ellis, 13560 North Hawthorne Road expressed concern about the proposed ordinance because Fort Hall Irrigation Representatives left him with the impression there is no way the water rights can be sold or transferred. Mayor Cotant stated the Bureau of Indian Affairs Allan Oliver has told the City it can go back and reclaim all water rights that have been released. Mr. Ellis stated Fort Hall Irrigation took water rights away from him because they were not being used. Mr. Ellis suggested the Council hold up on the ordinance until some of the confusion can be cleared up. Mayor Cotant declared the public hearing closed. Council tabled the proposed ordinance until he September 28th, 2004 Council Meeting. IrM COUNCIL MEETING MINUTES - (cont.) September 14th, 2004 PUBLIC HEARING - ORDINANCE - Amending Section 16.16.030 of the Chubbuck Municipal Code to provide an administrative charge of one hundred dollars for the first time the City must re- mediate dust or spillage of dirt, mud, building materials and waste articles on the City streets from adjacent properties, a two hundred fifty dollar charge for the second time within a twelve month period and a five hundred dollar charge for the third and any subsequent times within a twelve month period. Mayor Cotant declared the public hearing open. Darris Ellis, 13560 North Hawthorne Road expressed concern about how the City will enforce the proposed ordinance. Mr. Ellis stated he has a large track of ground on West Chubbuck Road, other builders come in and he sells them lots, they start building their houses on them, they create large mounds of dirt, then when a wind storm comes the dust starts flying, Mr. Ellis gets the blame even though he has no control over the builders that purchased the property from him. Mr. Ellis said he does not mind the fines and control, but it is unfair to a developer that has no control over the property. Councilman Kearns suggested as a developer, Mr. Ellis advise the builder they are required to keep the dust from flying. Councilman Kearns suggested the City lay out a general policy on dust abatement. Mayor Cotant declared the public hearing closed. Councilman England stated, as has been suggested the dust and dirt concerns needs to be part of the permitting process. Attorney Holmes read the proposed ordinance by title only for the first reading. Mayor Cotant suggested the City get copies of this proposed ordinance to builders in the City. Council tabled the proposed ordinance until the September 28th, 2004 Council Meeting. IDAHO CENTRAL CREDIT UNION FUTURE DEVELOPMENT PLANS - Chris Hyer, President of Idaho Central Credit Union gave background of Idaho Central Credit Union. 169 COUNCIL MEETING MINUTES - (cont.) September 14'', 2004 IDAHO CENTRAL CREDIT UNION FUTURE DEVELOPMENT PLANS - (cont.) Mr. Hyer stated ICCU has grown 25% this year. Mr. Hyer presented future proposed site plans. ICCU Employees will leave work on Evans Lane rather than E. Burnside Ave. Mr. Hyer showed the initial design of proposed buildings. The first phase will be completed in 2006, with the project being completed in 2010. Mr. Hyer said ICCU wants to keep the City advised on their future plans. FINAL PLAT - TASTEE TREET SUBDIVISION - Council reviewed the Tastee Treet Subdivision Final Plat. Attorney Holmes stated PAID Smart mentioned there is a rectangular piece of right -of -way that needed to be shown on the plat. Councilman Kearns moved to approve the Tastee Treet Final Short Plat subject to 1) Adding a rectangular piece of right -of -way easement on the northeast corner of Lot 1. 2) The plat is required to be approved by the City Engineer, Councilman Quick seconded. All council members present voted in favor of motion. STEP FAMILY DAY PROCLAMATION - Mayor Cotant read the Stepfamily Proclamation in full. Councilman Kearns moved to direct Mayor Cotant to proclaim September 16"', 2004 as "Stepfamily Day, 2004 ", Councilman England seconded. All council members present voted in favor of motion. INTERMOUNTAIN REGIONAL MUTUAL ASSISTANCE AGREEMENT - Fire Chief Eric King presented the Mutual Aid Agreement to Mayor Cotant and Council. Councilman England moved to authorize Mayor Cotant to enter into the Intermountain Regional Mutual Assistance Agreement, Councilman Quick seconded. All council members present voted in favor of motion. 171 COUNCIL MEETING MINUTES - (cont.) September 14`h, 2004 CHUBBUCK FIRE DEPARTMENT OPERATIONS MANUAL - Fire Chief Eric King presented an updated City of Chubbuck Fire Department Operations Manual. Council tabled the Chubbuck Fire Department Operations Manual until the September 28`h, 2004 Council Meeting. RACHEL'S RAINBOW HOMEOWNERS ASSOCIATION OFFER OF ACCEPTANCE OF DEDICATION - Attorney Holmes presented the Offer of Acceptance of Dedication. Attorney Holmes stated Rachel's Rainbow Subdivision went in with private streets and utilities. Rachel's Rainbow Homeowners Assn. has asked the City to accept the streets and utilities. Rachel's Rainbow were asked correct some concerns and have completed the requests. Councilman England moved to accept the Offer of Dedication made by the Rachel's Rainbow Home Owners' Association, Councilman Quick seconded. All council members present voted in favor of motion. CLAIMS - Computer print -out claims presented to Mayor Cotant and Council. Councilman Quick moved to approved the computer print -out claims as presented, Councilman England seconded. All council members present voted in favor of motion. GENERAL DISCUSSION - 1. Josh Madsen, Student Council Member advised Mayor Cotant and Council the Pocatello High School Gym Opening is Thursday, September 16`h, 2004, 4:00 p.m. to 9:00 p.m, and they are invited attend. 2. Councilman Kent Kearns expressed concern about the sign advertising the realtor for Kays Kove Subdivision homes being on public property. City will check out. 3. Councilman Kearns expressed concern about when the deadline is for not allowing the advertising benches on sidewalks in the City. CC Conlin said he will follow up and find when the deadlines are. 4. Councilman Kearns expressed concern about the home Deloy Stuart is removing from his property on East Chubbuck Road. Mayor Cotant said he will find out. 5. Councilman England suggested the City watch for political signs not in compliance with City Code. Police Department will watch for non - compliance. 173 COUNCIL MEETING MINUTES - (cont.) September 10, 2004 At 9:00 p.m, Councilman England moved, Councilman Quick seconded, with full council approval to adjourn meeting. /John O. Cotant, Mayor Ron C. Conlin, City Clerk