HomeMy WebLinkAbout03 10 1987 CM 33
COUNCIL MEETING MINUTES
March 10, 1987
Minutes of a regular meeting held in the city municipal building,
March 10, 1987.
Present: Mayor John O. Cotant, Jr., Councilmembers Becky A. Hopkins, Leroy S.
Quick, Steven M. England, Boyd L. Fullmer, Attorney B. Lynn Winmill, Engineer
Steven M. Smart and City Clerk Ron C. Conlin.
Meeting called to order at 7:35 p.m. by Mayor Cotant.
APPROVAL OF MINUTES - Mayor Cotant asked for corrections and additions to the
Special Meeting Minutes of February 24, 1987 and regular minutes of February 24,
1987.
Councilman England moved to approve the Special Meeting Minutes of February 24,
1987. Councilwoman Hopkins seconded. All councilmembers present voted in favor
of motion.
Councilwoman Hopkins moved to approve the minutes of February 24, 1987 with the
following addition to page 27, Business License Application - Sentence
"Councilwoman Hopkins asked residents in the audience about how they felt about
door to door selling. The concensus of the audience was that they did not have a
problem with salesmen going door to door~selling". Councilman England seconded.
All councilmembers voted in favor of motion.
PUBLIC HEARING - An application by Roy J. Lacey, 12411N. Corey Lane, Pocatello,
Idaho~with respect to a change in Land Use District of Espie Addition located on
the west side of Hawthorne Road, 5500 block (South ½ of the northeast ¼ of the
northeast ~ of Section 4 Township 6 South, Range 34, east B.M.) Bannock County,
Idaho, (Aprox. 19 acres) upon requested annexation to General Residential (R-2).
Mayor Cotant declared the hearing open.
Attorney Winmill passed to Mayor Cotant and Council the City of Chubbuck Land
Use & Development Commission Findings of Fact, Conclusions of Law and Decision~
from the Land Use & Development Meeting, March 5, 1987.
Attorney Winmill reported the Land Use & Development Commission, Thursday, March 5,
1987 recommended that upon annexation into the City, this property should be
zoned ~R-1). Mr. Lacey applied for a zoning of (R-2). The request by Mr. Lacey
was turned down by the Land Use & Development Commission. Attorney Winmill said
the Land Use & Development Commission met at 7:00 p.m., March 10, 1987 to adopt
the findings of fact, conclusions of law and decision.
Attorney Winmill stated no action can be taken by the Council until an annexation
decision is made.
The Council reviewed the Findings of Fact and Conclusion of law and decision.that
was adopted by the Land Use & Development Commission.
The Council felt that with the.lack of communication between Attorney Winmill,
the City and Mr. Lacey, if Mr. Lacey decides to apply for a modification of the
Comprehensive Pla~ it should be done at the City's expense.
Mayor Cotant asked Mr. Lacey to explain his plans for the proposal.
35
PUBLIC HEARING - (Cont.)
Mr. Lacey gave a report on the proposed Restrictive Covenants for the production
building cluster arrangement,he had applied for.
Mayor Cotant asked if there was anyone else that wanted to speak in favor of the
zoning change. There was none.
Mr. Lacey presented thirty-five 3 x 5 photographs, but they will not be admitted
as exhibit, or otherwise involved in the decision, since they were not submitted
in advance of the hearing.
Mrs. Margaret England, 11953 N. Hawthorne Road~was present and]stated the]residents
in the area would like the area zoned so only one acre lots would be allowed.
Mrs. England Sited three reasons why the residents in the area awe oppmsed tQ the
project: 1) Mrs. England felt with,95 more homes in the area the project would.be -
injurious to the public health and safety. M~s. England~stated With the additional
95 residences, the canal on Hawthorne Road would become a safety hazard~for child-
ren and adults both. 2) Mrs. England stated the residents in the area felt the
trailer park would create an adverse impact on the economic ~alNes of the adjacent
properties. 3) Mrs. England stated the residents in the area felt the trailer pa~k
would produce a negative impact on the traffic, utilities, schools and parks.
Mrs. England said the residents in the area are asking the Council to modify the
Comprehensive Plan to require one acre homes in the area.
Mayor Cotant closed the public hearing.
Mayor Cotant stated the next step will be up to Mr. Lacey, if he decides to pursue
a change in the Comprehensive Plan, he will be required to apply. As discussed prio
in the meeting, the City of Chubbuckwillpaythe expense of another public hearing,
because of confusion between the City of ChubDuck~& Mr. Lacey.
Mr~ Lad~y withdrew the application for a zoning change from (A~ Agricultural to
(R-2) General Residential.until he could apply for a change in the Comprehensive
Plan.
CATERING PERMIT - Application has been made for a liquor catering permit by the
Pressbox, 1257 Yellowstone Ave. to cater a Mountain Bell event at the Little Tree
Inn, 133 Burnside Ave. on March 14, 1987 from 1:00 p.m. to 1:00 a.m.
Councilwoman Hopkins moved to approve a liquor catering permit to the Pressbox~
to cater a Mountain Bell event on March 14, 1987 from 1:00 p.m. to 1:00 a.m,
Councilman England seconded, All councilmembers voted in favor of motion.
CATERING PERMIT - Application has been made for a liquor catering permit by the
Pressbox~ 1257 Yellowstone Ave. to cater an event for the March of Dimes at the
Little Tree Inn, 133 Burnside Ave. from 1:00 p.m. to 1:00 a.m. on March 18, 1987.
Council discussed liquor being ~nvolved in the event for the March of Dimes. It
was stated liquor can cause birth defects and other problemsthatthe March of Dimes
works so hard at defeating. The council was in concensus that there was some
inconsistency.
o in
*C°rrecti°ncouncilman ~,~-moved to approve a liquor catering permit to the Pressbox
to cater a March of Dimes event on March 18, 1987 from 1:00 p.m. to 1:00 a.m.
37
CATERING PERMIT - MARCH OF DIMES - (Cont.)
at the Little Tree Inn, 133 Burnside Ave. Councilman England seconded. All
councilmembers voted in favor of motion.
CATERING PERMZT - Application has been made for a liquor catering permit by the
Pressbox, 1257 Yellowstone Ave.~to cater an event for the Rodeo Association
March 25, 1987 from 1:00 p.m. to 1:00 a.m at the Little Tree Inn, 133 Burnside.
Councilman England moved to approve a liquor catering permit to the Pressbox
March 25, 1987 from 1:00 p.m. to 1:00 a.m. at the Little Tree Inn, 133 Burnside.
Councilman Fullmer seconded. All councilmembers voted in favor of motion.
PROCLAMATION - EMPLOY THE OLDER WORKER WEEK - Mayor Cotant read the proclamation in
full.
After discussion Councilman Fullmer moved to direct Mayor Cotant to proclaim
March 8:through March 14, 1987 as "Employ The Older Worker Week". Councilman
England seconded. All councilmembers voted in favor of motion.
POLICE SERVICE DOG - Officer Brian Emfield introduced Mayor Cotant amd the]Council
into the basic operation and use of a Police Service Dog at the February 24, 1987
Council Meeting. At that Council Meeting the Council decided to study the inform-
ation Officer Emfield presented more in-depth and discuss at the March 10, 1987
Council Meeting.
Councilman Fullmer stated he was convinced after studying the Police Service Dog
proposals: that we. should establish the Police Service Dog Program~on a trial
basis. Councilman Fullmer felt the City should take advantage of the opportunity
to enhance the City's police protection by utilizing the program. Councilman
Fullmer said, since businesses in the City are paying taxes for police protection
now,~it might,.not be a good idea to ask for donations for the Police Service-Dog
Program~from the businesses.
Discussion about involving the ~esidents of Chubbuck]in the naming of the dog.
**DELETE
Councilwoman Hopkins felt the need to make decisions on how the dog is going to
be used~with other enti]ties.There should be a charge if other entities want to use.
** ........ ~he pro~ram.,A Policy should be in ~lace before othec departments use the Drognam.
~uu~zum ...... ~ us n o e 'riser c im a 'o 'T ~ o s Dy o~her e~t~ies.
The City of Chubbuck has received $3,730.00 from the State of Idaho and $500.00
from the Narcotics Department in the form of grant money and donations,toward the
Police Service Dog Program.
Councilman England moved to approve the implementation of the Police Service Dog
Program in the Police Department as discussed. Officer Emfield and the Police
Department needs to be complimented on their research and presentation of the
Police Service Dog Proposal. Councilman Fullmer seconded. All councilmembers voted
in favor of motion.
SEWER UTILITY RATES - Engineer Smart gave a report on upcoming projects in the water
and sewer departments. After discussion it decided to discuss an increase in
water and sewer rates at the March 24, 1987 Council Meeting.
39
CLAIMS - Computer print-out and handcheck claims have been presented to the Council
for approval.
After discussion Councilman Fullmer moved to approve the claims as read.
Councilman Quick seconded.! All councilmembers voted in favor of motion.
CITY PERSONNEL POLZCY - The following changes were made by the council before
adoption of the City Personnel Policy.
Page 10 under (E) Overtime - The council decided to allow a maxi~mum total of
120 hours of compensation time.
Page 14 #4~should read "If mutual resolution is not reached within five (5) days,
the Grievance Committee will schedule a meeting of the employee, the Department
Head~and the Mayor to seek resolutionV. Then #5 Will state the employee, the
Department Head and the Mayor will meet with Council~to seek resolution.
Page 17, the vacation schedule should read as:
Years of Service:
After 1 year
over 2 years
over 10 years
over 20 years
Rate of Accrual:
5 working days
10 working days
15 working days
20 working days
Page 18, second sentence should read "Upon termination of an employee, the employee
will be compensated for fifty percent (50%) of his/her accumulated sick leave
day for the first ninety (90) days and for twenty-five percent (25%) of the
remaining accumulated sick leave days~.
Page 18, the council was in agreement that the Bereavement Leave should be de-
ducted from Sick Leave.
After discussion it was decided there would not be an Employees Association.
Page 24 (B) delete "as tax paying citizens of the City".
Page 6 - (D) Delete the first paragraph.
Page 7 - 1. Should read "Commission of a felony~. 2. Should read"Commis~JQn~f:a
misdemeanor~whicb~invol~es ~u~pitude:.Insert a new paragraph after paragnaph 6
that s6y~ "Inabilit~e~r~r6~to satisfactorily perform the ~ork of the employees
position as reasonaSlyAby the department head. 8. Should read Willfully or
knowingly giving false statements to supervisors, officials, the public or
Boards". Paragraph 10 should be deleted. Add paragraph 19.
After]discussion the council decided a~pote~t~al:employee Will not 6e:hired if
the individual is related in the second degree to an employee of the City of
Chubbuck.
Councilman England moved to adopt the City Personnel Policy-as]~ead,~subject tQ~
changes discussed and noted above. Councilman Fullmer seconded. Roll Call Vote:
Hopkins, yes; Quick, yes; England, yes; Fullmer, yes.
41
BUSINESS LICENSE APPLICATION - Darwin R. Jensen, Western Sales, Payson, Utah
has applied for a business license to sell stereo equipment at the Little Tree
Znn on March 11, 12, 13 and 14th, 1987.
After discussion Councilman England moved to approve a business license to
Darwin Jensen, Western Sales to sell stereo equipment at the Little Tree Znn
March 11, 12, 13 and 14th, 1987. Councilman Quick seconded. All councilmembers
voted in favor of motion.
GENERAL DISCUSSION -
1)
Discussion-Mayor Cotan~ suggested the council look at a license fee for
businesses that are just passing through the City and want a business license
for one or more days. Maybe a~$50.00 or $100.00 fee. After discussion
Attorney Winmill was asked to look into the legality of requiring a higher
fee for temporary businesses.
2)
3)
4)
Mayor Cotant reported to the Council, Ralph Henderson had ordered the hedge
for Briarwood Mobile Home Park. The council felt Mr. Henderson should be
required to install a fence rather than a hedge. The ordinance gives the
developer a choice-of which barrier he would rather install. The council
felt the ordinance should be amended to require a fence rather than a hedge.
Councilwoman Hopkins reported she witnessed a City of Chubbuck Volunteer
Fireman using a red light while responsing to a fire call. Attorney Winmill
stated,~under no circumstances should the Fire Department use red lights
while responding to a fire. Mayor Cotant said he would bring the matter
before the Fire Chief at Staff Meeting.
Engineer Smart gave a report on Rodney Parrish's response to the offer the
City of Chubbuck gave him on the purchase of land north of the city'building.
The City had offered Mr. Parrish $50,000.00 cash. Mr. Parrish said he,had
an~offer~of $66.000.00 and the City should meet that. Attorney Winmill and
Engineer Smart Will do more research on condemnation and report~to-the
Council.
Councilman Quick stated the Police Department is having a problem with the
programming of the computer they purchased. Councilman Quick said]the company
is trying to work out the problems, but the Police Department feels the
company sold us the wrong equipment. Councilman Quick said it could be quite
expensive to get the problem corrected. Attorney Winmill will work with the
Police Department in pursuing Computerland to get the problem corrected.
At 11:20 p.m., Councilman Fullmer moved, Councilwoman Hopkins seconded, with full
council approval to adjourn meeting.
Ron C. Conlin, City Clerk