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Home My WebLink About10 13 1998 CM177 COUNCIL MEETING MINUTES October 13`h., 1998 Minutes of a regular meeting held at City Municipal Building, October 13 "'., 1998. Present: Mayor John O. Cotant, Council members Leroy S. Quick, Steven M. England, W. Dean Wood, Attorney Thomas J. Holmes, Public Works Director Steven M. Smart and City Clerk Ron C. Conlin. Councilman Marvin C. Gunter was excused. Meeting was called to order at 7:30 p.m. by Mayor Cotant. PLEDGE ALLEGIANCE TO THE FLAG - Lead by Laura Williams. INVOCATION: Pastor Dr. Richard Eley, The Chubbuck Heritage Baptist Church. APPROVAL OF MINUTES - Mayor Cotant asked for corrections or additions to Regular Meeting Minutes of September 22 "d., 1998 and Special Meeting Minutes of September 29`h., 1998. Councilman Wood moved to approve Regular Meeting Minutes of September 22 "d., 1998 as read. Councilman England seconded. All council members present voted in favor of motion. Councilman Quick moved to approve Special Meeting Minutes of September 29`h., 1998 as read. Councilman Wood seconded. All council members present voted in favor of motion. PUBLIC HEARING - ORDINANCE - Amending Section 18.12.030 (I) to change the required parking for elementary and junior high schools to two parking spaces for each classroom and one for each five seats and to change the parking for addition to one for each three employees and 25% of the total for visitor parking. Mayor Cotant declared the public hearing open, asking for comment, for, or against the proposed ordinance. There being no comment, Mayor Cotant declared the public hearing closed. Mayor Cotant read proposed ordinance in full for the first reading. After discussion, Council decided to table the proposed ordinance until the October 27`h., 1998 Council Meeting. 179 FINAL PLAT - THE MEADOWS SUBDIVISION - Rodney Burch, Rocky Mountain Engineering representing Steve Vigliaturo and Gary Chisum, addressed prior concerns of what happens to the irrigation water. Mr. Burch stated, there are two issues on the irrigation water: 1) The supply of water for those who use the irrigation water down from the property. 2) What happens to wastewater from the land owners who flood irrigate above the property. Mr. Burch explained how the two concerns are addressed on the Final Plat presented. Mr. Burch explained there has been a property line dispute between this property line and Ross Minson's property line, The Meadows Subdivision has given up approx. three feet of their ground in which Mr. Minson can construct a small swale, that will take any wastewater from his property out towards Whitaker Road. Project Engineer Gerd Dixon stated the final plat takes care of prior irrigation concerns. Councilman Wood moved to accept the Meadows Subdivision Final Plat as presented. Councilman Quick seconded. All council members present voted in favor of motion. DARRIS ELLIS - REQUEST FOR CITY POLICY CHANGE - Utility Billing Department recently changed policy to bill water, sewer and sanitation services to all builders in process of building homes after six months of receiving a building permit. Darris Ellis, Ellis Construction requested the Council consider going back to the prior policy of billing for water only, since there are no services being used in a vacant house. Mr. Ellis said he is aware of a owner- builder in the City that moves into a home while he is building other homes, using all services without paying for them, but Mr. Ellis felt all builders should not be penalized for one or two builders taking advantage of the system. Councilman England suggested a penalty be accessed for the violation, in addition to paying the total bill accumulated. Councilman England suggested notice be given when a building permit is issued. Mayor Cotant stated the City is interested in stopping the builder abusing the system, not charge builders for what they do not use. Mayor Cotant stated the City will work out. WILLOW SUBDIVISION - GENE HANCOCK - Gene Hancock, 12367 N. Hawthorne Road was presented to ask Council if he can start ground work and building permit, prior to the Willow Subdivision Preliminary Plat being approved by Land Use & Development Commission and Council. Mayor Cotant stated the site plan has be through Design Review Committee, with only a couple of items that need to be worked out, (turning radius, etc.). 181 COUNCIL MEETING MINUTES - (cont.) October 13".. 1998 WILLOW SUBDIVISION - GENE HANCOCK - (cont.) Gene Hancock stated, he is aware, if there is a problem with Land Use & Development Commission and Council review of Preliminary Plat, that all work is done at the developer's risk. Councilman England moved to allow Gene Hancock and Larry Herrud, Willow Subdivision to proceed with the Willow Subdivision project, subject to all work the developer does, prior to approval from the Land Use & Development Commission and Council is at the developer's risk. Councilman Wood seconded. All council members present voted in favor of motion. CITY OF CHUBBUCK MEAL PER DIEM RATES - Police Chief Jerry Rowland and PWD Steve Smart stated the current out of state rates for individual and daily meals are acceptable. Proposed Rate Full Day 525.00 Breakfast $6.25 Breakfast /Lunch $15.00 Lunch $7.00 Lunch /Dinner $22.50 Dinner $12.50 PC Rowland also would alike to propose that the Idaho Cities designated as "resorts" by the State, that the City give employees $30.00 daily per diem, do to the increased costs associated with staying in this type of City. Councilman England moved to approve the City of Chubbuck per diem rates as presented. Councilman Wood seconded. All council members present voted in favor of motion. FORT HALL FIRE PROTECTION DISTRICT RECIPROCAL FIRE FIGHTING ASSISTANCE AGREEMENT - Fire Chief Eric King and Fort Hall Fire Protection District Fire Chief William R. Dekker presented a reciprocal fire fighting assistance agreement. After discussion, Councilman Wood moved to authorize Mayor Cotant to enter into the Fort Hall Fire Protection District Reciprocal Fire Fighting Assistance Agreement. Councilman Quick seconded. All council members present voted in favor of motion. 183 COUNCIL MEETING MINUTES - (cont.) October 13"., 1998 CABLE TV FRANCHISE ORDINANCE - Repealing former Cable TV Ordinance #262 and enacting a new cable TV Franchise Ordinance. Attorney Holmes read Cable TV Franchise Ordinance by title only for the first reading. Council tabled the Cable TV Franchise Ordinance until the October 27`x'., 1998 Council Meeting. IDAHO POWER COMPANY FRANCHISE ORDINANCE, - Accordance with Idaho Code 50- 328, 50 -329 and 50 -329 (A) granting a franchise to Idaho Power Company to construct, maintain and operate in and upon the present and future streets, highways and other public places within the corporate limits of the City of Chubbuck. Idaho, electric utility property and facilities for supplying electricity and electric service to the City, the inhabitants thereof, and others for a term of 25 years. Councilman Wood read the Idaho Power Co. Franchise Ordinance by title only for the second reading. Discussion about the following concerns: I . Discussion about who pays for relocation of poles. 2. Discussion about wether, or not, City can use poles for hanging of flags, Christmas decorations, etc. 3. Discussion about conducting an election in February to raise the franchise fee to 3 %. Attorney Holmes said lie will talk to Idaho Power Representatives about fist two concerns mentioned above. Council tabled the Idaho Power Co. Franchise Ordinance until the October 271"., 1998 Council Meeting. ORDINANCE #493 - Repealing Section 18.20.085, "Infill Planned Unit Development "; adopting a new Chapter 18.22, "Infill Development ". Attorney Holmes read Ordinance #493 by title only for the third and final reading, one of which was in full. Councilman Wood moved to adopt Ordinance #493 as read. Councilman England seconded. Roll Call Vote: Quick, yes; England, yes; Wood, yes; Gunter, absent. 185 COUNCIL MEETING MINUTES - (cont.) October 13`h.. 1998 ORDINANCE #494 - Creating Chapter 9.34, aggressive solicitation, an ordinance to establish a prohibition against certain forms of aggressive solicitation. Councilman Wood read Ordinance #494 by title only for the third and final reading, one of which was in full. Councilman England moved to adopt Ordinance #494 as read. Councilman Wood seconded. Roll Call Vote: Quick, yes; England, yes; Wood, yes; Gunter, absent. RESOLUTIONS - Amending the rates to be charged by the City for wastewater collection and treatment services furnished through the municipal wastewater system. PWD Smart stated, City of Pocatello has increased rates to City of Chubbuck, same as their residents, this is a pass through increase. City Clerk Conlin is advertising for a hearing on Wastewater and Wastewater Utility Plant Capacity fee increases that exceeds one hundred five per cent as per Idaho Code 63 -2224. The hearing will be October 27`h., 1998 at 7:30 p.m. CLAIMS - Computer print -out claims presented to Mayor Cotant and Council. Councilman Quick moved approve computer print -out claims as presented. Councilman Wood seconded. All council members present voted in favor of motion. At 9:20 p.m., Councilman Wood moved, Councilman Quick seconded, with full council approval to adjourn meeting. CWVj d-4v- John O. Cotant, Mayor Ron C. Conlin, City Clerk