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Home My WebLink About10 09 2001 CM183 COUNCIL MEETING MINUTES October 9"', 2001 Minutes of a regular meeting held at the Chubbuck City Council Chambers, October 9`h, 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 Steven McKee. APPROVAL OF MINUTES - Mayor Cotant asked for corrections or additions to the regular meeting minutes of September 25`h, 2001. Councilman Kearns moved to approve the regular meeting minutes as read, Councilman Gunter seconded. All council members voted in favor of motion. APPEAL - TONY GOLSSARY, 4953 RAINBOW ROAD - APPEALING LANDSCAPING FOOTAGE REQUIREMENT AT FRASURE INDUSTRIAL PARK - On September 20`h, 2000 Larry Kohntopp sent Mr. Golsarry a letter regarding his property in the Frasure Industrial Park and advised Mr. Golsarry of deficiencies that needed 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. The Design Review Committee has reaffirmed that the fence next to the sidewalk must be relocated 10 feet to the west, with landscaping complete with automatic 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, then assess the costs to Mr. Golssary's property taxes. At the September 25 ', 2001 Council Meeting, Council tabled the appeal until they could go to the property and review the concerns. 185 COUNCIL MEETING MINUTES - (cont.) October 91'', 2001 APPEAL - TONY GOLSARRY LANDSCAPING REQUIREMENTS - (cont.) Councilman Kearns stated, looking at the consistency of view as you come in from E. Chubbuck Road, there is a consistent look until you get to Mr. Golssary's, the property looks nice but having the fence abut almost to the back side of the curb does make it stand out. Councilman Kearns stated as much as he feels for Tony and the process he went through this is one of the risks he took developing before finalization of the process. Mr. Golssary stated his concern is, if required to install the 10' landscaping in the front, he loses valuable storage. Council was in agreement that the 10' landscaping frontage requirement should be complied with. Councilman Kearns moved to deny Tony Golssary's appeal of Design Review Committee's decision to require 10' landscaping with automatic sprinkling system on his property at 4953 Rainbow Road and prior to August 1 S`, 2002 Mr. Golssary install 10' landscaping with automatic sprinkling system on the property as required by Design Review Committee, Councilman Gunter seconded. All council members voted in favor of motion. DAY CARE FACILITY APPLICATION - Misty Thomsen, 719 Bonanza has applied for a day care facility license to operate Millennium Kids Day Care at her residence at 719 Bonanza. All Departments have signed off on the application. Councilman Kearns moved to grant a day care facility license to Misty Thomsen, Millennium Kids Day Care at 719 Bonanza, Councilman England seconded. All council members voted in favor of motion. ORDINANCE - Establishing Chapter 9.38 "Public Parks" to provide for the prohibition of certain activities in parks, providing hours parks are closed; prohibiting dogs and animals in parks; allowing dogs if on a leash and fecal deposits are removed; prohibiting golf, prohibiting alcoholic beverages; prohibiting damage or destruction of park property, real or personal, providing for enforcement and penalties. Attorney Holmes read ordinance by title only for the first reading of amended ordinance. Council tabled the ordinance until the October 23 `d, 2001 Council Meeting. 187 COUNCIL MEETING MINUTES - (cont.) October 9`h, 2001 ORDINANCE - Adding Chapter 15.54, flood damage prevention ordinance to the Chubbuck Municipal Code to minimize losses due to flooding; to designate the Building Official as the Administrator of the provision; to establish a permitting process with regard to areas with a flood hazard area, to establish the areas within the city that may be prone to flooding. Attorney Holmes read ordinance by title for the first reading. Council tabled the ordinance until the October 23rd, 2001 Council Meeting. RESOLUTION - Assures the Federal Insurance Administration that it will enact as necessary, and maintain in force in those areas having flood, mudslide, or flood - related erosion hazards, adequate land use and control measures with effective enforcement provision consistent with the Criteria set forth in Section 1910 of the National Flood Insurance Program Regulations. Council tabled the resolution until the October 23rd, 2001 Council Meeting. RESOLUTION - #6 -2001 - Appoint Election Judge and Clerks for November 6`h, 2001 Election. Councilman England moved to adopt Resolution #6 -2001 as read, Councilman Quick seconded. All council members voted in favor of motion. POLICE DEPARTMENT PROMOTIONAL PROBATION POLICY - Asst. Chief of Police Richard Webb said the Police Department has always had 12 month promotional probation period attached to any promotion, but there has been nothing to describe or detail of what the probation consists of. Asst. Police Chief Webb said there are a couple of promotions coming up, Police Department felt there needs to be a promotional policy in place. Mayor Cotant and Council reviewed the proposed policy. Councilman Kearns asked if an officer is not satisfied with promotion evaluation, do they still have the grievance policy to fall back on. Asst. Police Chief Webb said the grievance policy is still in place. Asst Police Chief Webb said an officer is given a copy and is required to sign they have read the policy at time of promotion. :• COUNCIL MEETING MINUTES - (cont.) October 9 ', 2001 POLICE DEPARTMENT PROMOTIONAL POLICY - (cont.) Councilman Quick moved to approve the Police Department Promotional Policy as read, Councilman Gunter seconded. All council members voted in favor of motion. HILINE ROAD TO EAST CHUBBUCK ROAD CITY LIMITS ROAD CONSTRUCTION - Residents from Hiline to E. Chubbuck Road were invited to this Council Meeting to discuss the Hiline Road to E. Chubbuck Rd. City Limits road construction Mayor Cotant suggested the Hiline and E. Chubbuck Road construction project be ready to go June 1St, 2002. School will be out, the project should be finish prior to school starting. PWD Smart stated the concept for Hiline to E. Chubbuck Roads construction is very similar to the construction that was completed on W. Chubbuck Road between Yellowstone Ave. and Hawthorne Road. PWD Smart said the City is proposing to construct, rebuild E. Chubbuck Road so the ,^ curb and gutter would be on the right -of -way line. The City will ask each property owner to allow the City to construct in an easement given to the City, a five foot sidewalk on the property owner's side. The sidewalk construction will be at no expense to the property owner. The City will install chain link fencing at the project cost. When the City puts the curb and gutter at the right -of -way line, this will provide one lane in each direction, a center left turn bay and bicycle lanes down each side. PWD Smart stated a waterline from Hiline Road to the booster station will be installed during the project. Mayor Cotant said residents were invited here today so that it gives property owners time to go home, discuss and think about the proposal. Property owners will be invited to another meeting CLAIMS - Computer print -out claims presented to Mayor Cotant and Council. Councilman England moved to approve computer print -out claims as presented, Councilman Kearns seconded. all council members voted in favor of motion. At 8:55 p.m., Councilman Quick moved to go into executive session meeting as authorized by Idaho Code 67 -2345 (b) personnel matters, Councilman Gunter seconded. Roll Call Vote: Quick, yes; England, yes; Gunter, yes; Kearns, yes. Personnel matters were discussed. 191 COUNCIL MEETING MINUTES - (cont.) October 9', 2001 EXECUTIVE SESSION MEETING - (cont.) No final action or decision was made. At 10:07 p.m., Councilman England moved to adjourn from executive session meeting to regular meeting, Councilman Quick seconded. All council members voted in favor of motion. GENERAL DISCUSSION - 1. Council was in agreement City of Pocatello, Channel 12 should be sent a letter with Mayor Cotant and Council's signature complaining about some of the programming they are showing on Channel 12. There is a program that is definitely obscene and should not be allowed to be shown on public television. At 10:11 p.m., Councilman England moved, Councilman Gunter seconded, with full council approval to adjourn meeting. PJo�hn. Cotant, Mayor Ron C. Conlin, City Clerk