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Home My WebLink About08 09 2005 CM165 COUNCIL MEETING MINUTES August 9th, 2005 Minutes of a regular meeting held at the Chubbuck City Council Chambers, August 9th, 2005. Present: Mayor John O. Cotant, Council members Leroy S. Quick, Steven M. England, Marvin C. Gunter, Kent Kearns, Attorney Thomas J. Holmes, Public Works Director Steven M. Smart and City Clerk Ron C. Conlin. Meeting was called to order at 7:30 p.m. by Mayor Cotant. PLEDGE ALLEGIANCE TO THE FLAG was led by Josh Madsen. INVOCATION was given by Councilman Leroy S. Quick. APPROVAL OF MINUTES - Mayor Cotant asked for corrections and additions to the Special Meeting Minutes of July 26th, 2005 and Regular Meeting Minutes of July 26th, 2005. Councilman Keams moved to approve the Special Meeting Minutes of July 26th, 2005 and Regular Meeting Minutes of July 26th, 2005 as read, Councilman Gunter seconded. All council members present voted in favor of motion. PUBLIC HEARING - An application by Don Bosworth, 3595 Wild Mountain Drive, Pocatello, Idaho for a preliminary plat for Wynd Haven Corner. The property is located at 120 W. Siphon Road. Mayor Cotant declared the public hearing open. Don Bosworth stated this is a portion of Lot 18 in Paradise Acres Subdivision. Mr. Bosworth, 3595 Wild Mountain Drive said he decided to construct apartments across the west side of the Lot, Mr. Bosworth said the intentions are to develop a strip mall and convenience market on the east side of the Lot. Mayor Cotant declared the public hearing closed. Councilman Kearns moved to accept the Land Use and Development Commission's recommendations to approve the Wynd Haven Corner Preliminary Plat as presented, Councilman Quick seconded. All council members voted in favor of motion. 167 COUNCIL MEETING MINUTES - (cont.) August 9th, 2005 ORDINANCE - Allowing a greater percentage of structures to be allowed in certain zones and establishing procedures to allow such exceptions within a defined geographic area. Mayor Cotant declared the public hearing open. Attorney Holmes stated the Land Use & Development Commission talked about the possibly of eliminating the ten percent of limitation on duplexes and zero lot line residences within the R-2 and some other areas. The LU&D Commission did not change, but there was favor as these become more popular there may be situations where the need to have greater than a ten percent density of these within a geographic area. Mayor Cotant declared the public heating closed. Attorney Holmes read ordinance by title only for the first reading. Council tabled the ordinance until the August 23rd, 2005 Council Meeting. BUSINESS LICENSE APPLICATION - Pete Otto, 4950 Yellowstone Ave. has applied for a business license to sell sausages and sausage sandwiches at Rite Aid, Rug-Rats Carpet and the Parade of Homes from a vending truck, Councilman Quick seconded. Councilman England moved to grant Pete Otto, PJ's Chicken a business license to sell sausages and sausage sandwiches at Rite Aid, Rug-Rats Carpet and the Parade of Homes from a vending truck, Councilman Quick seconded. All council members voted in favor of motion. COTTAGE PARK 1sT ADDITION FINAL PLAT - Rodney Burch, 332 Briscoe Road presented the Cottage Park 1st Addition Final Plat. Mr. Burch stated he would like to have the Cottage Park 1st Addition completed this Fall, including the bridge over the canal. Councilman England moved to approve the Cottage Park 1 st Addition Final Plat as presented, Councilman Keams seconded. All council members voted in favor of motion. ORDINANCE #599 - Amending various provisions within Chapter 16.12 to update the provisions for streets and street construction and to change the right-of-way widths; to amend references to "City Engineer", to change the length of cul-de-sac streets by setting a design standard and factors to consider rather than a set length and within Chapter 17.12 to update the provisions for plats; to provide a time limit for the validity of final plats if not recorded within two years of Council approval. 169 COUNCIL MEETING MINUTES - (cont.) August 9th, 2005 ORDINANCE #599 - Amending various provisions within Chapter 16.12. Mayor Cotant, Councilman Steve England, Attorney Holmes and Steve Smart read Ordinance #599 in full for the third and final reading. PWD Smart stated the Land Use & Development Commission took issue with right-of- way widths. PWD Smart stated the right-of-way widths came directly from the master street plan Bannock Planning Organization put together. Councilman England moved to adopt Ordinance #599 with typo corrections, Councilman Gunter seconded. Roll Call Vote: Quick, yes; England, yes; Gunter, yes; Kearns, yes. ORDINANCE - Creating Section 10.08.055, "School Zone," to establish school zones for Chubbuck Elementary School on Chubbuck Road and for Ellis Elementary School on Whitaker Road; establishing a 20 MPH Speed Limit in those zones when certain conditions are present; providing violation is an infractions. Attorney Holmes read by title only for the second reading. Council tabled the ordinance until the August 23rd, 2005 Council Meeting. CHUBBUCK FIRE DEPARTMENT'S EMERGENCY MEDICAL SERVICES DISCUSSION - Councilman Keams stated he feels the Fire Department's EMS is a needed service in the City. Councilman Kearns spoke in favor of continuing the Emergency Medical Service in the City of Chubbuck. Mayor Cotant stated the reason he discontinued the Emergency Medical Services Program in Chubbuck was to get the Bannock County Commissioner's attention. Mayor Cotant stated Bannock County would like to push the additional taxes to the City of Chubbuck. Mayor Cotant said the Ambulance District service to Chubbuck will not get better as long as the City of Chubbuck will do it at our cost. Mayor Cotant stated he will be meeting with the Bannock County Commissioners next week to discuss the Ambulance District. Mayor Cotant said the Chubbuck Fire Department Emergency Medical Service is in operation now. Councilman Quick spoke in favor of continuing the EMS in Chubbuck. Councilman Gunter spoke in favor of continuing the EMS in Chubbuck. Councilman Gunter explained how the Ambulance District works. 171 COUNCIL MEETING MINUTES - (cont.) August 9th, 2005 CHUBBUCK FIRE DEPARTMENT EMS DISCUSSION - (cont.) Michael Ponkow, 254 James spoke in favor of continuing the EMS in Chubbuck. Glenda Daling, 7118 N. Beehive Road spoke in favor of continuing the Chubbuck Fire Department EMS. Mrs. Daling expressed concern about where the additional Ambulance District fees go. Mrs. Daling felt some of the fees should come back to Chubbuck Fire Department for support of the EMS Program. Councilman Gunter stated the Ambulance District taxes that are paid by the Chubbuck residents does not fund the Ambulance District 100%, that is why the extra fees. Councilman England spoke in favor of continuing the EMS Program in Chubbuck. Becky Ponkow, 254 James spoke in favor of continuing the EMS Program in Chubbuck. Shelly Jones, 4875 Burley Drive spoke in favor of continuing the EMS Program in Chubbuck. Sandy Guidinger, Ridge Wind, 4080 Hawthorne Road spoke in favor of continuing the EMS Program in Chubbuck. 2005-2006 FISCAL YEAR TENTATIVE BUDGET - City Clerk Ron Conlin presented the following 2005-2006 Tentative Budget for approval. General Fund and HS&R Fund Chubbuck Development Authority Sanitation Fund Water Fund Sewer Fund Special Revenue Funds Total $4,554,924. $1,180,000. $ 982,500. $1,771,202. $1,549,523. $ 713,200. $10,751,349. City Clerk Conlin stated the public heating for the 2005-2006 FY Budget is set for August 23rd, 2005 at 7:30 p.m. Councilman England moved to adopt the 2005-2006 FY Tentative Budget as presented, Councilman Quick seconded. All council members voted in favor of motion. COUNCIL MEETING MINUTES - (cont.) August 9th, 2005 173 CLAIMS - Computer print-out claims presented to Mayor Cotant and Council. Councilman Quick moved to approve the computer print-out claims as presented, Councilman Keams seconded. All council members voted in favor of motion. At 9:10 p.m, Councilman England moved to go into executive session meeting as authorized by Idaho Code 67-2345 (f) to advise legal representative in pending litigation, Councilman Quick seconded. Roll Call Vote: Quick, yes; England, yes; Gunter, yes; Kearns, yes. 100% of council voted in favor of motion. Discussion about litigation against the City of Chubbuck. No decision or action was taken. At 9:30 p.m, Councilman England moved, Councilman Quick seconded, with full council approval to adjourn meeting. Ron c. Conlin, City Clerk ~tant, Mayor