HomeMy WebLinkAbout09 27 1994 CMCOUNCIL MEETING MINUTES
September 27, 1994
Minutes of a Special Meeting held at city municipal b%lliding~
August 27, i994.
Present: Mayor John O. Cotant, Council members Leroy S. Qulck,
Steven M. Engiand~ W. Dean Wood~ Marvin C. Gunter, Attorney
Thomas J. Holmes and City Clerk Ron C. Coniin. Public Works
Director Steven M. Smart was exc~sed.
Meeting was called to order at 6:40 p.m. by Mayor Cotant.
PURPOSE of meeting shall be to discuss ordinance providing
regulation of cable television rates.
Cable Commission Members Irene Schaider, Ray Toiman.
TCI Manager Sue Parker were present.
Sue Parker suggested the City of Chubbuck wait until the City
of Pocatello completes their Franchise Ordinance,, then use
the better parts of the ordinance for OURS. ~
Discussion about what the City of Chubbuck gets from Channel
12. W~at do we get for the $4,~00. access fee charged to
residents. The consensus is, we do not get much.
it was decided there should be four Chubbuck Commission
Members, regular meetings every two months, unless others are
needed. One of the Commissions main Jobs, is to work with
residents with complains about TCI.
Attorney Holmes was directed to prepare an ordinance
establishing rules and procedures of the Chubbuck Cable
Commission.
At 7:20 p.m., Councilman Wood moved, Councilman Gunter seconded,
with full co~.lncii approval to adJo~]rn meeting.
Ron C. Conlln, City Clerk
~ohn O. Cotant, Mayor
COUNCIL MEETING MINUTE~
September 27~ 1994
201
Minutes of reg~llar meeting held at city munl. clpal building,
September 27, 1994.
Present: Mayor John O. Cotant, Council members Leroy S. Quick,
Steven M. England, Marvin C. Gunter, W. Dean Wood, 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 John O. Cotant.
APPROVAL OF MINUTES - Mayor John O. Cotant asked for correct%on~
or additions to regular meeting minutes of August 23, 1994.
Councilman Quick moved to approve regular meeting minutes of
August 23, 1994 as read. Councilman Wood seconded. All
council members voted in favor of mot%on.
REGULAR SCHEDULED COUNCIL MEETING of September 13, 1994 was
canceled.
PUBLIC HEARING PRELIMINARY PLAT An application by Franklin
Briscoe, 5058 Whitaker Rd. for rev%ew of a preliminary plat
of Briscoe Subdivision, Phase III, a subdivision located
between 5100 and 5200 Whltaker Rd. Property is presently
~oned, Limited Residential, (R-2).
Staff Report stated the Comprehensive Plan designates the
property to be developed as (R-2). All lots sizes meet the
minimum standards set for single family residences.
PWD Smart stated once the occupancy of the subdivision is
determined~ a cash in lle~l or actual park land needs to be set
aside for park land development.
The addition of more building on WhitakeF Rd. will revisit the
issue of requiring compliance with City standards of curb,
gutter and sidewalk,
Mayor Cotant declared the public hearing open.
Richard Marley, 5150 Stuart stated, the City should req~ltre
be consistent about requiring sidewalks throughout the City.
Mayor Cotant declared the hearing closed,
203
Councilman England moved to accept recommendations of Land Uso
& Development Commission to approve the Preliminary Plat for
Briscoe Subdivision Addition #3 with condition that i) C~lvb
and gutter not be required at this time. 2) Sidewalk required
along with the drain swell, according to City Engineering
Standards for the area. Councilman Wood seconded. All council
members voted in favor of mot%on.
PUBLIC HEARING - ORDINANCE #423 An ordinance amending Section
17.12.050, to change fees for plat review, and eliminate the
requirement the developer distribute copies of the plat to
public utilities, and affected governmental entit%es.
Mayor Cotant declared the public hearing open, there being no
comments from public, Mayor Cotant closed the public hearing.
Mayor Cotant read Ordinance #423 in full for the third and
final reading.
Councilman Wood moved to adopt Ordinance #423 as read.
Councilman Gunter seconded. Roll Call Vote: Quick, yes;
~ngland, yes; Wood, yes; Gunter, yes.
BUILDING PERMIT REQUEST - SCOTT BEECH - Scott Beech, 4879 Johannsen
Place explained, if the Briscoe Subdivision, Phase III
Preliminary Plat is approved, Franklin Briscoe will be selling
one of the lots to Mr. Beech. Mr. Beech asked the Council to
approve a building permit at this time so that he might start
construction immediately. A building permit is usually not
issued until the final plat is approved, but, the final plat
will not be presented until November. Mr. Beech is concerned
waiting until November could delay starting to build on the
]et, if the weather turns bad, delaying the pouring of
concrete and framing.
PWD Smart stated the request will not be a problem.
Mr. Beech was given notice of sidewalk requirement.
Councilman England moved to grant Scott Beech's request to get
a building permit in Brlscoe Subdivision, Phase III, prior to
the Briscoe Subdivision Final Plat approval. Councilman Wood
seconded. All council members voted in favor of motion.
ORDINANCE #424 - Vacating a portion of the plat for Johannsen Bluff
Subdivision.
Mayor Cotant read Ordinance #424 in full for the first
reading.
ORDINANCE #424
(cont.)
Councilman Quick moved to dispense with rule of reading
Ordinance #424 on three separate days. Councilman England
seconded. Roll Call Vote: Quick, yes; England, yes; Wood, yes;
Gunter, yes.
Councilman Wood moved to adopt Ordinance %424 as read.
Councilman Quick seconded. Roll Call Vote: Q~.llck, yes;
England, yes; Wood, yes; Gunter, yes.
ORDINANCE #425 Partially vacating a portion of the plat for
Heritage West No. 4.
Attorney Holmes read Ordinance #425 in full for the first
readlng~
Councilman England moved to dispense with rule of reading
Ordinance #425 on three separate days. Councilman Qu%ck
seconded. Roll Call Vote: Quick, yes; England, yes; Wood, yes;
Gunter, yes~
Councilman Wood moved to adopt Ordinance #425 as read.
Councilman Quick seconded. Roll Call Vote: Qulck, yes;
England, yes; Wood, yes; Gunter, yes.
ORDINANCE #426 Providing for change of Land Use District with
respect to certain lands within the boundaries of the City of
Chubbuck located in the SW 1/4, section 2, Township 6 South,
Range 34 E.B.M., from Agricultural (A) to singe family
residential, (R-i). Declaring that the City Council finds that
such changes in Land Use District is compatible with the Land
Use Pattern prescribed by the City's Comprehensive Plan,
Mayor Cotant read Ordinance #426 in full for the first
reading.
Councilman Gunter moved to dispense with rule of reading
Ordinance #426 on thre~ separate days. Councilman England
seconded. Roll Call Vote: Quick, yes; England, Wood, yes,
Gunter, yes.
Councilman Quick moved to adopt Ordinance #426 as read.
Councilman Gunter seconded. Roll Call Vote: Quick, yes;
England, yes; Wood, yes; Gunter, yes.
FINAL PLAT NELSON SUBDIVISION - Richard Nelson, 13032 Moonglow
presented a Final Plat for Nelson Subdivision.
207
FINAL PLAT - NELSON SUBDIVISION -(cont.)
PWD Smart recommended the Nelson Subdivision Final Plat be
approved,
Councilman Quick moved to approve the Nelson Subdivision Final
Plat as presented. Councilman England seconded. All council
members voted in favor of motion.
FINAL PLAT KASISKA SUBDIVISION - John Marshall, 2~0 So. Mat. n
presented the Kasiska Subdivision Final Plat.
Mr. Marshall presented a letter with the Final Plat stat~.ng
they are happy to insure the development meets all
requirements outlined by the established Land Use Ordinances
and, meets City specifications inregards to the construction
of improvements with the subdivision, Mr, Marshall stated
other items of concern are 1) Development of the existing
irrigation system that serves the residents along Hawthorne
Rd. and Alpine Ave. 2) Development of a secondary access to
serve the subdivision. 3) Addressing right of way and safety
issues pertaining to the two project canals. 4) Establishing
park space or cash in lieu of park space according to Land Use
requirements. 5) Establishment of a secondary water delivery
system for irrigation. Mr. Marshall stated, he feels he has
been reasonable in addressing the first four items of concern.
Mr. Marshall said however, item number 5 is a requirement
beyond their scope of development. The cost would put him
above the market and make it difficult to compete with those
who were not required to do so. Mr. Marshall asked the Council
to remove the secondary water requirement in the Kasiska
Subdivision and approve the final plat.
Joel Turner, 4449 Hawthorne Rd. said he felt the Council
reversed their decision from the preliminary plat approval by
not requiring the secondary irrigation system,
Mayor Cotant stated the City conducted several meetings
discussing a secondary irrigation system, there was not enough
comment from residents to process with the secondary
irrigation system.
Attorney Holmes stated, he would have a hard time defending
the City if, Council requires Marshall Developers to be
the only developer to install a secondary water system for
irrigation,
209
FINAL PLAT - KASISK5 SUBDIVISION -(cont,)
Council was in agreement that right now is not the time to
proceed w%th a secondary water system for
Councilman England moved to approve the Kasiska Subdivision
Final. Plat as presented subject to, Marshall Developers
entering into a street development agreement to build street
to north of subdivision, when City acquires property.
Councilman Quick seconded. All council members voted in favor
of mot%on,
ORDINANCE #427 An ordinance enacting Chapter 9.32, "Public
Dist~]rbance Noises"; providing fop penalties for violations.
Mayor Cotant read Ordinance #427 by title for the third and
final readlng.
Councilman Gunter moved to adopt Ordinance #427 as read.
Councilman Wood seconded. Roll Call Vote: Quick, yes; England,
yes; Wood, yes; Gunter, yes.
ORDINANCE #428 - An ordinance amending Sect%on 15.04.031. to th~
Chubbuck Municipal Code to amend the Uniform Building Code,
to require Occupancy Permits for all strictures
Mayor Cotant read Ordinance #428 by title only for the third
and final reading,
Councilman England moved to adopt Ordinance #428 as ~ead.
Councilman Gunter seconded. Roll Call Vote: Quick, yes;
England, yes; Wood, yes; Gunter, yes.
ORDINANCE Adding Section 15.04.050, hours of operation to the
Chubb~ck Municipal Code setting forth the hours of
conntructions and providing for exceptions thereto,
Mayor Cotant read ordinance in full, for the first
reading,
Council tabled the ordinance until the October 11, 1994
Council Meet%ng.
BUSINESS LICENSE APPLICATION - James T. Sanford, Austin Diversified
Products~ Inc. Harvey, Ill. has applied for a blls~nes~
license to sell cleaning products door to door.
Police Department recommended approval of a business license
to Austin Diversified Products.
21]
BUSINESS LICENSE APPLICATION - AUSTIN OIVERSIFIEO PRODUCTS -
(cont.)
Councilman England moved to approve a business license to
James Sanford, Austin Diversified PrOd~lcts, Inc. to sell
cleaning supplies door to door. Councilman Quick seconded. All
council members voted in favor of motion.
BUSINESS LICENSE APPLICATION - Delynn Wellard, Child I.D., 3660
Vaughn, Ammon, Idaho has applied for license to sell children
ID tags.
Delynn Wellard was not present.
Chief of Police Jerry Rowland stated Officer Webb had a
problem with the granting of the license, but, talked to Ms.
Wellard.
This is not a door to door license request.
Councilman England moved to approve a b~lsiness license to
Delynn Wellard, Child I.D., Ammon, Idaho to sell Children I.D.
Tags. Councilman Quick seconded. All council members voted in
favor of motion.
BUSINESS LICENSE APPLICATION - Victor Gonzalez, 321 E. Alice,
Blackfoot, Idaho has applied for license to sell wood from a
truck on property south of Smith's Food King.
Victor Gonzalez was not present at the meeting.
Police Chief Jerry Rowland stated he did not think Mr.
Gonzalez has approval from property owner, to park his truck
on property.
After discussion, Councilman England moved to deny a business
license to Victor Gonzalez, 321 Alice, Blackfoot, Idaho.
Councilman Wood seconded. All council members voted in favor
of motion.
BEER,
WINE & LIQUOR LICENSE APPLICATION
(Day Inn), 133 W. Burnside, Chubbuck,
a beer, wine & business license.
Gary Clement, Chevy's
Idaho, has applied for
Po]ice department recommended the application request be
granted.
Councilman Gunter moved to grant a beer, wine & liquor license
to ~ary Clement, Chevy's (Days Inn), 133 Burnside Ave.
Chubbuck, Idaho.
BUSINESS LICENSE APPLICATION
Addressgraphix have applied for
selling curb & step addressing,
Ray Dow/Sandra England,
license to go door to door
Mr. Dow was present to explain the business license request.
Fire & Police Departments expressed concern about residents
using this as only the only address on a residence. In winter
months the address will be covered, causing a problem
emergency vehicles.
It was suggested Mr. Dow/Mrs. England change the wording on
their notices, stating this particular addressing system does
not meet City Code.
Councilman England moved to approve a business license to Ray
Dow/Sandra England, Addressgraphlx Co., subject to their
meeting with Fire Chief Cary Campbell, and changing wording
on their notices to satisfy City Code req~lrements. Councilman
Gunter seconded. All council members voted in favor of motion.
1993-94 FISCAL YEAR AUDIT AGREEMENT City Auditor Scott Jones,
presented a cost of $3,100.00 for City of Chubbuck's 1993-94
Fiscal Year Audit,
City Clerk Conlin recommended Scott Jones prepare the 1993-
94 Fiscal Year Audit.
Councilman Wood moved to direct Mayor Cotant to enter into
agreement with Scott Jones, Yost, Hart, Erlckson & Co. to
prepare City of Chubbuck's 1993-94 Fiscal year Budget.
Councilman Quick seconded. All council members voted in favor
of motion.
ORDINANCE - Changing the name of a portion of Stuart Ave. to Arnold
Ave.
Mayor Cotant read ordinance in full for the first reading.
Richard Marley, 5150 Yellowstone Ave. stated he i~ against the
change.
Council tabled the ordinance until the October 11, 1994
Council Meeting.
CLAIM - Idaho Power presented a claim of $168.24 inregards to a
City of Chubbuck Dump Truck backing into a power pole. The
pole needed to be straightened.
PW'D Smart recommended the Council authorize payment of the
claim.
2]5
CLAIM - IDAHO POWER CO. - (cont.)
Councilman England moved to pay the $168.24 claim to Idaho
Power Co. Councilman Wood seconded. All council members voted
in favor of motion.
CLAIM - Computer print-out claims presented to Mayor Cotant and
Council,
Councilman Gunter moved to approve computer print-out claims
as presented. Councilman Quick seconded. All council members
voted in favor of motion.
FINANCIAL REPORT for month of August, 1994, presented to Mayoc
Cotant and Council.
RESOLUTION TO ADJUST WATER RATES -PWD Smart stated we need to
adjust water rates beginning in October, to pay for the Water
Bond used to defray costs of the test wells and production
wells. FWD Smart presented four options in the rate analysis.
Of the four presented, Council was in favor of the $17.00
base, $.5~ per thousand gallons.
FWD Smart stated he will present a Resolution for water rate
adjustment, at the October 11, 1994 Council Meeting.
At 9:27 p.m., Councilman England moved, Councilman Gunter seconded,
with full council approval to adjourn meeting.
Ron C. Conlln, City Clerk
CALL OF SPECIAL MEETING
CITY OF CHUBBUCK
Pursuant to Idaho Code Section 50-604, the undersigned Mayor
of the City of Chub~uckT Idaho, hereby calls a special meeting of
the City Council to be held at the Chubbuck Municipal Building, at
the hour of 6:30 p.m., on Tuesday, the 27th. day of September,
1994. The object of the special meeting shall be for Mayor Cotant
and Council Members to discuss ordinance providing regulation of
cable television rates.
~}~n O. ~tant, Mavor
NOTICE OF SPECIAL MEETING
TO: MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK, IDAHO
Pursuant to the call set forth above, notice is hereby given
of a special meeting of the Chubbuck City Council at the time and
place, and for the object, recited~~
Ron C. Conlin, City Clerk
ACKNOWLEDGEMENT OF NOTICE
The undersigned, Mayor and members of the Chubbuck City
Council hereby acknowledge receipt of notice of the special meeting
a~- set f. ort~bove.
Leroy ~ ~uic/~ Councilmember Steven M. EnglAnd, O~uncilm~%et~-
W. Dean Wood, Councilmember Mar~C. G~te~,-Councilmember