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HomeMy WebLinkAbout09 25 2001 CM169 COUNCIL MEETING MINUTES September 25 ", 2001 Minutes of a regular meeting held at the Chubbuck City Council Chambers, September 25`", 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 called to order at 7:30 p.m. by Mayor Cotant. PLEDGE ALLEGIANCE TO THE FLAG was led by Scott Graves. RECOGNITIONS - 1. Mayor Cotant stated Tim Barbre, 715 Victor has ran the Chubbuck Baseball Program for several years. Mayor Cotant presented Tim Barbre with a recognition plague for his �. years of service. 2. Mayor Cotant introduced Scott Ferro, 13372 N. Manning Lane as the Chubbuck Baseball Program Director. RECONSIDERATION OF CONDITIONAL USE PERMIT TO VERN COMBS, 5250 STUART Vern Combs filed a request for reconsideration pertaining to his conditional use permit. Mr. Combs said he felt the evidence will show that it is in the best interest of all parties involved to have the tower at the raised height when operating to dramatically decrease a chance of interference. Mr. Combs stated interference is strictly a FCC jurisdictional issue. Mr. Combs said he felt to has did all the City has asked, due to Council recommendation, he did rescind to the placement of one tower. However, at a minimum operating condition to put all antennas on one tower he has had to install a 12' mast to do the minimum spacing required for efficient operating. Along with that, there is a 7' vertical antenna at the top. So he is only able to raise the tower a total of 4' from the telescoped position of 22' to operate at a FCC documented efficiency the tower needs to be raised so that the height of the first antenna is at least 56' in the air. Mr. Combs stated he has had neighbors that spoke against the tower in the beginning, knock on his door to express the fact that they do not have any hard feelings now. They also agree, that when he is able to start operating it would decrease the chance for interference if he were to raise the tower to 55' with the first antenna at a height of 56'. 171 COUNCIL MEETING MINUTES - (cont.) September 25`'', 2001 RECONSIDERATION OF CONDITIONAL USE PERMIT - VERN COMBS - (cont.) Attorney Kent Hawkins went through the way he understood how each of the prior meetings went. Attorney Hawkins said after he talked to Mr. Combs he felt it would be worth it to come before the Council one more time to make sure we have a good summary presented to the Council of the issues involved in the decision. Attorney Hawkins said the FCC regulates radio frequency, the City does not regulate. Attorney Hawkins stated it might be a better policy to say radio antennas are required at least 50' or 60' off the ground, given the frequency is more likely to affect closer to the ground. Attorney Hawkins stated Mr. Combs went out and spent about $3,000.00 on equipment after the conditional use permit had been granted, then found out there was a problem. Attorney Holmes stated Mr. Combs was prepared to go to court, which would be the next step, Attorney Holmes suggested Mr. Combs come back before the council before the matter is ran through the court system. Mayor Cotant said the City can regulate the height, but cannot regulate inference problems. The FCC regulates interference problems. Councilman Kearns expressed concern that if there is a law suit the City will lose if a 45' maximum is required because of interference. Mayor Cotant expressed concern of rights of residents that were in the community first. Steve Christensen, 5357 Lori expressed the following concerns: 1. Radio frequency exposure, wants the antenna to be safe. 2. Higher the antenna the less radio frequency exposure and interference. 3. Restrictive Covenants. 4. Court expenses. 5. Concern about Jennifer Schmidt's wheel chair. 6. Safety of wind blowing radio antenna over. 7. Health and Safety - Environmental 8. Regular evaluation of radio antenna structure. 9. Aesthetic considerations. City cannot enforce Restrictive Covenants. Jim Schmidt, 5227 Stuart spoke against the Council allowing Vern Combs, 5250 Stuart being allowed to raise his radio antenna above 45'. 173 COUNCIL MEETING MINUTES - (cont.) September 25', 2001 RECONSIDERATION OF VERN COMBS CONDITIONAL USE PERMIT DATED APRIL 24TH, 2001 - (cont.) - Attorney Holmes stated the Council should address this conditional use permit in such a way it can be defended in court, or Council should allow a maximum height of more than 45'. Attorney Holmes said there is a Federal Law that allows City to regulate radio antennas, but the City will have to reasonably accommodate, because the Federal people think it is a good thing to have ham radio operators. Teresa Schmidt, 5227 Stuart expressed concern of interference from a higher radio antenna causing her daughter's electric wheel chair going out of control. Attorney Hawkins stated the interference concerns should be directed to the FCC instead of the City Council. Attorney Hawkins stated the request by Vern Combs is to have the tower go to its full height, which would put the total height of antenna at 74'. Councilman England stated after listening to all the testimony he understands the interference issue should not be dealt with by the City Council. The concerns that have been expressed by residents in the area should be taken up with the FCC. Councilman England felt the Council would be amiss if it does not listen to the counsel of the City Attorney. Councilman England suggested the residents pursue concerns with the FCC. Discussion about wind load concerns. Councilman Kearns moved to grant Vern Combs, 5250 Stuart a conditional use permit for a 74' maximum height amateur radio antenna subject to; 1) not to be transferable with sale of property, 2) that Vern Combs maintain FCC licensing for the duration of operation of the tower, Councilman Gunter seconded. Roll Call Vote: Quick, no; England, yes; Gunter, yes; Kearns, yes. Motion passes. APPEAL - TONY GOLSSARY, 4953 RAINBOW ROAD - APPEALING LANDSCAPING FOOTAGE REQUIREMENT AT FRASURE INDUSTRIAL PARK - On September 20 ', 2000 Larry Kohntopp sent Mr. Golsarry a letter regarding his property in the Frasure Industrial Park and some deficiencies that need to be addressed. The issues are the fence that extends to the sidewalk, north of Mr. Golsarry's building on Rainbow Lane. Larry Kohntopp stated he realized Mr. Golsarry may have felt his discussion with Cary Campbell at some time in the past justified the fence in its present location. However, the landscaping requirement and the location of the fencing is a Design Review Committee issue, not a Building Department issue. 175 COUNCIL MEETING MINUTES - (cont.) September 25`h, 2001 APPEAL - TONY GOLSARRY LANDSCAPING REQUIREMENTS - (Cont.) The Design Review Committee has reaffirmed that the fence next to the sidewalk must be relocated 10 feet to the west and landscaping, complete with automated underground sprinkler system be installed between the sidewalk and fence consistent with the rest of the subdivision. A deadline of May 1", 2001 had been set for project completion. If the job is not completed by that date the City will complete the project and assess the costs to property taxes. Larry Kohntopp presented Mayor Cotant and Council a staff report stating the original approval from the City Council stipulated that Tony Golsarry meet "all landscaping requirements ", Tony Golsarry maintains Cary Campbell approved his request to not have a 10' green area across the entire frontage of the property. It was not within the authority of the building official to approve such an exception, if indeed he did so. Tony Golsarry explained why he is asking for a waiver of 10' landscaping requirement. Mr. Golsarry felt he has not been treated the same as everyone else in the same situation. Mr. Golsarry said he is not as opposed to moving the fence and installing the green area as much as losing the 10' for business operations. Councilman England moved to table the appeal until Council has a chance to go to the property and review the concerns, Councilman Quick seconded. All council members voted in favor of motion. BUSINESS LICENSE APPLICATION - Cindy Dover, Pocatello, Idaho has applied for a business license to operate a mobile concession stand at various properties in the City. Councilman Kearns moved to grant Cindy & Don Dover a business license to operate a mobile concession stand on various properties throughout the City of Chubbuck, Councilman England seconded. All council members voted in favor of motion. ORDINANCE - Establish Chapter 9.38 "Public Parks" to provide for the prohibition of certain activities in parks; providing for definitions; providing hours parks are closed; prohibiting dogs and animals in parks; prohibiting golf; prohibiting alcoholic beverages; prohibiting the damage or destruction of park property, real, or personal; providing for enforcement penalties. Attorney Holmes read by title only for the second reading. 177 COUNCIL MEETING MINUTES - (cont.) September 25`h, 2001 ORDINANCE - PARKS - (cont.) Councilman Gunter expressed concern about prohibiting golf in the parks. Discussion why the City would prohibit golfing. Councilman Quick expressed concern about prohibiting dogs in city parks. Councilman Quick felt we could add penalties and fines for lack of clean up, rather than prohibiting dogs in the park Councilman Quick suggest if a dog is on a leash and is in compliance with City ordinance they should be cleaning up after the animal. Council was in agreed the ordinance should be amended to say "a dog is required to be on a leash ". Council tabled the "Parks Ordinance" until the October 91', 2001 Council Meeting. RESOLUTION #4 -2001 - Authorizing John O. Cotant, Mayor, to sign all applications, grant agreements and amendments, and other documents relating to wastewater facilities planning grants. Councilman Kearns moved to adopt Resolution #4 -2001 as read, Councilman England seconded. All council members voted in favor of motion. RESOLUTION #5 -2001 - Authorizing John O. Cotant, Mayor, to sign all applications, grant agreements and amendments, and other documents relating to drinking water facilities planning grants. Councilman Gunter moved to adopt Resolution #5 -2001 as read, Councilman Kearns seconded. All council members voted in favor of motion. MUNICIPAL AUDIT- LETTER OF UNDERSTANDING WITH SCOTT JONES - JONES, YOST, HATT, ERICKSON P.A. - City Clerk Conlin recommended the Council enter into agreement with Scott Jones, Jones, Yost, Hatt, Erickson P.A. to do the 2000 -2001 Fiscal Year Audit at the same cost as last year. Councilman Quick moved to direct Mayor Cotant to enter into agreement with Scott Jones, Jones, Yost, Hatt, Erickson, P.A. to do the 2000 -2001 Fiscal Year Audit, Councilman England seconded. All council members voted in favor of motion. 179 COUNCIL MEETING MINUTES - (cont.) September 25`h, 2001 DESTRUCTION OF POLICE RECORDS REQUEST - Police Department requested the following records be destroyed. 1. All actual invoices paid for 1999. Retention is for current plus one year. 2. All actual invoices paid for 2000. Retention is for current plus one year. Councilman Kearns moved to approve the Police Department's request to destroy their copies of actual invoices paid for 1999 and 2000 Fiscal Year, 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. APPROVAL OF MINUTES - Mayor Cotant asked for corrections or additions to regular meeting minutes of September 11`", 2001. Councilman Kearns moved to approve the regular meeting minutes of September 11`", 2001 as read, Councilman Quick seconded. All council members voted in favor of motion. GENERAL DISCUSSION - 1. Councilman Gunter said he received a call from a resident that backed over a fire hydrant, they called the City, then received a bill for over $400.00. Councilman Gunter said they were unhappy about the amount of the invoice they received. PWD Steve Smart said he will review the invoice. 2. Councilman England expressed concern about the subdivision on Siphon and Hawthorne Roads and some of the lots going months without a yard being installed. Discussion about requiring a guarantee, when the yard is installed the guarantee is returned. Mayor Cotant said the City will review. 3. PWD Smart said Bannock Paving will be installing the concrete curb on the east side of Hawthorne Road this week, Hawthorne Road should be open for thru traffic around October 15 'h, 2001. 181 COUNCIL MEETING MINUTES - (cont.) September 25`h, 2001 GENERAL DISCUSSION - (cont.) 4. Mayor Cotant stated, with the water situation the way it is, do we want to look at not requiring green areas except for main arterial. At 10:00 p.m., Councilman England moved, Councilman Gunter seconded, with full council approval to adjourn meeting. 4rdAn Ron C. Conlin, City Clerk