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Home My WebLink About11 09 2005 CM227 COUNCIL MEETING MINUTES November 9 ", 2005 Minutes of a regular meeting held at the Chubbuck City Council Chambers, November 9`h, 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 INVOCATION was given by Garth Hall, Chubbuck 2 "d Ward, Chubbuck Stake, The Church of Jesus Christ of Latter -Day Saints. APPROVAL OF MINUTES - Mayor Cotant asked for corrections and additions to the regular meeting minutes of October 25 "', 2005. Councilman Kearns moved to approve the regular meeting minutes of October 25 "', 2005 as read, subject to typo corrections, Councilman Quick seconded. All council members voted in favor of motion. CHUBBUCK FIRE DEPARTMENT PROPOSED SERVICE CHARGE AND FEE SCHEDULE POLICY - Fire Chief Eric King stated that due to the rising costs with consumables and equipment upkeep, the Chubbuck Fire Department under direction of Mayor and Council shall implement service charges on all fire incidents and or emergency services incidents and fees for inspections. As a policy of the Chubbuck Fire Department and the City of Chubbuck, the Fire Department shall submit a bill for services to the insurance of the property owner and/or the property owner within 30 days after the services were provided. An incident report shall accompany the bill. Fees for inspections shall be paid prior to any inspections, or within 30 days of, or after the annual inspection. Fees proposed are attached. Fire Chief King explained how he came about the fees presented. Mayor Cotant stated any fees created, or in excess of 5% of current fees are required to go through the required public hearing process. Rob Ray, 803 Mountain Park Drive suggested a presentation be presented, so the public can see what is being proposed. Fire Chief King stated he will prepare a presentation. Councilman Kearns suggested FC King come up with a proposed annual amount that would be collected, using last fiscal years responses for each of the proposed fees. Fire Chief King stated he will proceed preparing a presentation. 229 COUNCIL MEETING MINUTES - (CONT.) November 9", 2005 PUBLIC HEARING - ORDINANCE #606 - Amending 18.12.40(d) to clarify when a trash container must be in a fenced area. Attorney Holmes read Ordinance #606 in full for the first and final reading. Mayor Cotant declared the public hearing open, there being no public comment, Mayor Cotant declared the public hearing closed. ORDINANCE #606 - Amending 18.12.040(d) to clarify when a trash container must be in a fenced area. Councilman Gunter moved to dispense with the rule of reading Ordinance #606 on three separate days, Councilman Kearns seconded. Roll Call Vote: Quick, yes; England, yes; Gunter, yes; Kearns, yes. Councilman Quick moved to adopt Ordinance #606 as read, Councilman Kearns seconded. Roll Call Vote: Quick, yes; England, yes; Gunter, yes; Kearns, yes. PUBLIC HEARING - ORDINANCE #605 - An ordinance amending Ordinance #590, the appropriation ordinance for the fiscal year October 1", 2004 and ending September 30`" 2005; appropriating additional monies that are to be received by the City of Chubbuck in the sum of $1,016,887. And providing an effective date. PROPOSED EXPENDITURES WW Transmission Improvement $ 66,000.00 Fire Department Prevention $ 107,620.00 Building Department Salaries $ 46,000.00 HS &R Maintenance Over -Lay $ 111,000.00 Chubbuck Development Authority $ 686,267.00 TOTAL $1,016,887.00 PROPOSED REVENUE Water Sales $ 57,600.00 Water Connection Fees $ 8,400.00 Fire Department Grants $ 107,620.00 Additional General Fund Revenue $ 157,000.00 Chubbuck Development Authority $ 686,267.00 TOTAL $1,016,887.00 231 COUNCIL MEETING MINUTES - (cont.) November 91h, 2005 PUBLIC HEARING - (cont.) Mayor Cotant declared the public hearing open, there being no comment, Mayor Cotant closed the public hearing. ORDINANCE #605 - Amending Ordinance #590, the Annual Appropriation ordinance for the Fiscal Year October 1", 2004 and ending September 30`h, 2005; appropriating additional monies that are to be received by the City of Chubbuck. Attorney Holmes read Ordinance #605 if full for the first and final reading. Councilman England moved to dispense with the rule of reading Ordinance #605 on three separate days, Councilman Gunter seconded. Roll Call Vote: Quick, yes; England, yes; Gunter, yes; Kearns, yes. Councilman Gunter moved to adopt Ordinance #605 as read, Councilman Kearns seconded. Roll Call Vote: Quick, yes; England, yes; Gunter, yes; Kearns, yes. BUSINESS LICENSE APPLICATION - Naomi L. Proud, Proud's Montana Christmas Trees, Kalispell, Montana has applied for a business license to operate a Christmas Tree stand business at 4010 Yellowstone Ave. Police Department recommend approval of the business license application. Councilman Kearns moved to grant Naomi Proud, Proud's Montana Christmas Trees a business license to sell Christmas trees from a stand at 4010 Yellowstone Ave, Councilman Quick seconded. All council members voted in favor of motion. HOMESTEAD ESTATES SUBDIVISION FINAL PLAT - Larry Bull, 3408 W. Portneuf Road, Inkom, Idaho said he would like to see Homestead Estates Subdivision Final Plat approved as presented, then possible changes can be discussed. Bryan Flynn, RMES presented the first of two phases of Homestead Estates Subdivision, Phase I is 23 Lots. Mr. Flynn explained all changes from the preliminary plat. One of the changes is a 50' right -of -way. Rob Ray, 803 Mountain Park said narrower streets does not slow the traffic down, doing this makes it more dangerous for children, etc. Mr. Ray felt the City should require 66' now, not later. Mr. Ray stated requiring the 66' right -of -way now will help parking on City streets. Councilman Kearns made motion to approve the Homestead Estates Subdivision Phase I contingent upon; 1) 66' right -of -way for Homestead Street. 2) City Engineer's approval of all construction drawings, 3) Annexation Agreement comply with. Councilman Gunter seconded. All council members voted in favor of motion. 233 COUNCIL MEETING MINUTES - (cont.) November 9`h, 2005 HOMESTEAD ESTATES SUBDIVISION FINAL PLAT DISCUSSION - Larry Bull stated he is not interested in going through any more public hearings. Mayor Cotant suggested taking Homestead Road straight through to the west, not having curb or sidewalk, just swale and curbing. Mr. Taysom and Mr. Bull are looking at this proposal. This would not meet City Standards, but would meet the rural type setting there now. Mayor Cotant said he thinks we should look at this type of an ordinance for the future. Councilman Kearns said he does not have a problem with the City looking at a zone to accommodate this type of development where the lot size is increased, but he does not think we want to not require curb, gutter and sidewalk. Rob Ray, 803 Mountain Park Road stated he is opposed to the idea. Mr. Ray felt the City needs to be consistent. Rich Marley, 5150 Stuart said the City needs to be more creative. Jill King, 520 Homestead Road said all the residents on Homestead Road would be in favor of Mayor Cotant's suggestion. Larry Bull stated if Mayor Cotant's suggestions can be done without public hearings he might be in favor of the ideas, but if public hearings are required, Mr. Bull is not interested. Mr. Bull said if the ordinances can be put in place for the Homestead Estates Subdivision Phase II, he will be willing to talk about the suggestions. BUSINESS LICENSE APPLICATION - Levern D. Seal, National Auction & Sales Management, Billing, Montana has applied for a business license to operate outdoor sells of cast aluminum animal yard art. Police Department has recommended approval of the business license application. Councilman England moved to grant Levern D. Seal, National Auction & Sales Management a business license to sell cast aluminum animal art at 4010 Yellowstone Ave, Councilman Gunter seconded. All council members voted in favor of motion. PROPOSED COMPLAINT - Home Depot collection of outstanding false alarm fees. Police Chief Randy Severe explained the outstanding false alarms fees owed by Home Depot in the amount of $1,050. City has been in contact with Home Depot Management and have not been able to collect. City has wrote off several false alarm calls. 235 COUNCIL MEETING MINUTES - (CONT.) November 91", 2005 PROPOSED COMPLAINT - Home Depot collection of outstanding false alarm fees - (cont.) Attorney Holmes prepared a complaint. As part of City Code the Complaint is required to go before the Mayor and City Council to proceed. Attorney Holmes stated he has sent a Demand Letter to Home Depot Corporate Offices, certified, with no response. The false alarm problem has been corrected. r Councilman Kearns moved to direct Chief of Police Severe and City Attorney Holmes to pursue the Complaint according to City Code, Councilman England seconded. All council members voted in favor of motion. CLAIMS - Computer print -out claims presented to Mayor Cotant and Council. Councilman England moved to approve the computer print -out claims as presented, Councilman Quick seconded. All council members voted in favor of motion. GENERAL DISCUSSION - 1. Councilman Kearns asked the Council to direct Attorney Holmes to call and get copies of their night time lighting ordinance from Ketchum and Island Park for Council review. 2. Association of Idaho City Officials Academy and Legislative Luncheon at Pocatello City Hall, November 17`h, 2005 from 9:30 a.m. to 3:30 p.m. 3. East Chubbuck Road Roundabout complaint. City should advise residents about the roundabout in the Mayors Letter to the Residents. At 9:08 p.m, Councilman England moved, Councilman Quick seconded, with full council approval to adjourn meeting. • � ! ak.-L Ron C. Conlin, City Clerk