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Home My WebLink About12 13 1994 CMCOUNCIL MEETING MINUTES December 13, 1994 257 Minutes of regular meeting held at city municipal building, December 13, 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. Conlln. Meeting was called to order at 7:33 p.m. by Mayor John O. Cotant. APPROVAL O? MINUTES - Mayor John O. Cotant asked for corrections or additions to Regular Meeting Minutes of November 22, 1994. Councilman Wood moved to approve Regular Meeting Minutes of November 22, 1994 as read. Councilman Gunter seconded. All council members voted in favor of motion. PUBLIC HEARING - An application by Art Paz, Box 340, Pocatello, Idaho for a change of Land Use District for 218 W. Chubbuck Rd., from R-2 Residential to R-4 Dense Residential in order to allow building of three 4-plexes. Mayor Cotant declared the public hearing open. Gary Brown, 4638 W. Portneuf Rd., Premier Properties stated Mr. Paz is willing to install a fence around the 4-plexes. Mr. Brown said they would like to amend the short plat. Mr. Brown said duplexes will not be feasible, this is why they are requesting R-4 Dense Residential. Mr. Brown said they will install a wood fence if residents in area prefer. Louis Hogge, 4827 N. Afton suggested a 7' wood fence be installed. This would provide a sound barrier. Mr. Brown stated Mr. Paz will be willing to install the fence prior to construction. Mayor Cotant suggested the fence be uniform all around the project. Donald Halekamp, 4901 Yellowstone Ave. #51 expressed concern about the 4-plexes being too close to his residence, he sleeps during the day. PUBLIC HEARING - 259 Mayor Cotant asked if there is anyone present opposed to the proposal. No one spoke in opposition. Mayor Cotant declared the publlc hearing closed. Councilman Gunter questioned requiring a 129' city street, if the proposal is approved. This will be a burden to the city. PWD Smart said, 1) The Development Ordinance is triggered, requiring a city street, whether are not it is a public street, because the proposal serves more than three households. 2) The Development Ordinance is triggered, if other than a single family home is built. PWD Smart said the Council will determine whether the street is public or private. The street, curb, gutter and sidewalk still needs to meet city standards either way. Mr. Brown stated, Mr. Paz is willing to meet the requirements, and conditions. Discussion about green area. Mayor Cotant suggested an 8' wood fence be installed. Discussion about drainage for the proposal. Council was inagreement that the required street be a private street, rather than a City Street. Councilman England moved to accept the recommendations of the Land Use & Development Commission for a change in Land Use District at 218 W. Chubbuck Rd., for Art Paz, Pocatello, Idaho, from (R-2), Limited Residential to, (R-4), Dense Residential to allow the building of three 4-plexes. Councilman Gunter seconded. All council members voted in favor of motion. REQUEST OF WAIVER OF SANITATION FEE AT DOLL HOUSE, 345 W. SIPHON RD. Alice Hatch, 345 W. Siphon Mrs. Hatch stated she opened the Doll House, 10 years ago thinking they might hsve a business, but it has never caught on. Mrs. Hatch said there has never been garbage picked up from the business, only the residence. Mrs. Hatch asked to be billed for one sanitation pick up rather than the two. Councilman Wood moved to waive sanitation pick and sanitation fee at the Doll House, (business only), 345 Siphon Rd. Councilman Quick seconded. All council members voted in favor of motion. 261 BUSINESS LICENSE APPLICATION - David Jenkins, Jenkins & Son Christmas Trees has applied for license to sell Christmas trees at the east side of the Green Triangle Parking. City Clerk Conlin stated he polled the Council prior to the meeting, getting the okay for Jenkins & Son to open December 3, 1994. Pollce Department reviewed the application and recommended approval. Councilman Wood moved to approve a business license to Jenkins & Son Christmas Trees to sell Christmas trees at the east side of the Green Triangle Parking Lot. Councilman Quick seconded. All council members voted in favor of motion. RECIPROCAL FIRE FIGHTING ASSISTANCE AGREEMENT - Fire Chief Cary Campbell presented the agreement to Mayor Cotant and Council. Mayor Cotant suggested that when the final agreement is ready, Attorney Holmes review the agreement. Councilman England moved to direct Mayor Cotant to enter into the Reciprocal Fire Fighting Assistance Agreement, sub3ect to Attorney Tom Holmes review and approval. Councilman Quick seconded. All council members voted in favor of motion. IDAHO HAZARDOUS MATERIALS TRAINING CENTER JOINT POWERS AGREEMENT - Fire Chief Cary Campbell presented the Idaho Hazardous Materials Training Center Joint Powers Agreement to Mayor Cotant and Council for review. After discussion, the Council tabled the Idaho Hazardous Materials Training Center Joint Powers Agreement until the January 10, 1995 Council Meeting. ORDINANCE - An ordinance enacting Section 9.08.22~, possession of Toluene; declaring Toluene to be a harmful substance when inhaled; providing that possession of Toluene wlth the intent to inhale a misdemeanor. Mayor Cotant read the ordinance by title only for the second reading. Council tabled the ordinance until the January 10, 1995 Councll Meeting. 263 RENEWAL OF LIQUOR, WINE AND BUSINESS LICENSES for year of 1995 - Police Department have approved the renewal of licenses to present holders of liquor, wine and beer licenses. City Clerk Ron Conlin explained, Nendal's, Five Mile Inn and Idaho Unlimited have not applied for license as of yet. City Clerk Conlin stated he talked to them, they said they will have the applications, with fees in, prior to the last week in December, 1994. Councilman Quick moved to approve the renewal of present beer, wine and liquor licenses for the year of 1995, sub3ect to the compliance of all requirements of ordinance and statutes as determined by the City Clerk. Councilman Wood seconded. All council members voted in favor of motion. PROPOSED WATER, SEWER & SANITATION RATE ADJUSTMENT - PWD Smart presented to Mayor Cotant and Council his comments on proposed water and sewer rate ad3ustments, then asked for questions from Council. PWD Smart suggested the sewer rates stay as is, until the City gets all bills from law firm representing us on the sewer lawsuit with City of Pocatello. Mayor Cotant suggested the water rates be ad3usted to a $10.00 base with $.7Q per thousand. Stanley Jenkins, 6002 Eden expressed concern about the rates as they are now. Mr. Jenkins feels the rates are too high and they should be lowered. Discussion about cost of installing the new wells. Mr. Jenkins stated he felt the costs of installing the new wells are inflated. Mr. Jenkins thinks the City is collecting the bond monies too soon, because the bond will not be in place for six months. Mayor Cotant explained we are paying large bills now, which should decrease the amount of monies we have to bond. Stanley Jenkins stated the City of Chubbuck is charging an excess rate on property taxes, water, sewer and sanitation. After considerable discussion, Council wanted study sessions to be conducted, prior to the utility rates being adjusted. LAND USE AND DEVELOPMENT COMMISSION MEMBERS APPROVAL - Mayor Cotant presented the names of Dusty Whited, 719 Bonanza, and Steve Shouse, 5795 Moses to serve on the Land Use & Development Commission. 265 LAND USE AND DEVELOPMENT COMMISSION MEMBERS APPROVAL - (cont.) Councilman England moved to appoint Dusty Whited, 719 Bonanza to a four year term on the Land Use and Development Commission, with term expiring 6/1/98, and Steve Shouse, 5795 Moses to a two year term on the Land Use and Development Commission, with term expiring 6/1/96. Councilman Gunter seconded. All council members voted in favor of motion. CLAIMS - Computer print-out claims presented to Mayor Cotant and Councll. Councilman Quick moved to approve computer print-out claims as presented. Councilman Gunter seconded. All council members voted in favor of motion. At 9:15 p.m., Councilman Quick moved to go into executive session meeting, to discuss acquiring an interest in real property which is not owned by a public agency, as authorized by Idaho Code 67-2345 (c). Councilman England seconded. Roll Call Vote: Quick, yes; England, yes; Wood, yes; Gunter, yes. 100% of council members voted in favor of motion. Discussion about purchase of well lot property. No action or final declslon was made. At 10:15 p.m., Councilman Quick moved, Councilman England seconded, with full council approval to adjourn to regular meeting. WELL LOT PROPERTY DISCUSSION Councilman England moved to authorize Mayor Cotant to enter into agreement for purchase of Well Lot Property from Zundel Family in amount of $15,000.00 maximum. Councilman Quick seconded. All council members voted in favor of motion. A 10:25 p.m., Ron C. Councilman England moved, Councilman Quick seconded, with full council approval to adjourn meeting. Conlin, City Clerk