HomeMy WebLinkAbout04 14 1987 CM55
COUNCIL MEETING MINUTES
April 14, 1987
Minutes of a regular meeting held in the city municipal building,
April 14, 1987.
Present: Mayor John 0. Cotant, Jr., Councilmembers Leroy S. Quick, Steven M. England,
Boyd L. Fullmer, Attorney B. Lynn Winmill, Engineer Steven M. Smart and City Clerk
Ron C. Conlin. Councilwoman Becky A. Hopkins was excused until 9:00 p.m.
Meeting was called to order at 7:30 p.m. by Mayor Cotant.
APPROVAL OF MINUTES - Mayor Cotant asked for corrections and additons to the minutes
of March 24, 1987 and Special Meeting Minutes of April 7, 1987.
Councilman England moved to approve the minutes of March 24, 1987 as read.
Councilman Fullmer seconded. All councilmembers present voted in favor of motion.
Councilman Quick moved to approve the minutes of a Special Meeting held on April 7,
1987 as read. Councilman England seconded. Councilman Fullmer stated, in that he
reviewed the minutes and had conversation with other Councilmembers present at the
April 7 meeting, the minutes reflected what he had heard. All councilmembers
present voted in favor of motion. -
PUBLIC HEARING - A proposal by Roy J. Lacey, 12411 North Cory Lane for a change in the
City's comprehensive plan from Single Family Residential (R-1) to Limited Resident-
ial (R-2) with respect to a parcel of land containing 19 acres located on the west
side of Hawthorne Road, 5500 block (south 2, of the northeast quarter of the north-
east quarter of section 4 township 6 south, range 34 east B.M.) Bannock County,
Idaho with the recommendations of the Land Use and Development Commission.
Mayor Cotant declared the hearing open.
Mayor Cotant asked if there was anyone present to speak in favor of the proposal.
Mr. Rov Lacey was not present, nor waanyone else willing to speak in favor of the
proposed -change in the Comprehensive Mn.
Mayor Cotant asked if there was anyone in opposition to the proposal.
Mr. Ray England, 11953 Hawthorne Ave. was present to speak in favor of the
recommendation of the Land Use & Development Commission's decision to deny the
proposal to change the comprehensive plan from (R-1) Limited Res. to (R-2) General
Residential presented by Roy Lacey.
Mr,.. Englagd_spoke on behalf of approx. 15 individuals who were in attendence in
support of -idle Land Use & Development'Commission's decision, in opposition to the
change in the Comprehensive Plan.
Mayor Cotant closed the public hearing.
Councilman Fullmer felt that with the material presented, there should not be this
type of development in this area. The Comprehensive Plan does allow a development
of this kind else where in the City, if desired. Therefore Councilman Fullmer
was in favor of the Land Use & Devepment Commission's decision to deny the proposal.
Councilman Quick stated the purpose of the Comprehensive Plan was as the zones were
57
PUBLIC HEARING - (Cont.)
layed out, there were supposed to be buffer zones between extreme changes.
Councilman Quick said that if this change was allowed it would be going from one
extreme to another. Councilman Quick was in favor of not changing the Comprehensive
Plan.
Councilman England moved to accept the recommendations of the Land Use & Develop-
ment Commission and deny a change in the City's Comprehensive Plan from (R-1) to
(R-2) with respect to a parcel of land containing 19 acres located at approx.
5500 Hawthorne Ave. and adopt the Findings of Fact and Conclusions of Law prepared
and approved by the Land Use & Development Commission. Councilman Fullmer seconded.
Roll Call Vote: Hopkins, Absent; Quick, yes; England, yes; Fullmer, yes.
Mr. Lacey was present at the meeting at 7:58 p.m. The minutes will reflect Mr.
Laceys comments on page of these minutes.
BUSINESS LICENSE APPLICATION - David Hegsted has applied for a business license to
operate a swap & consigned sales business on the Green Triangle Parking Lot on
Saturdays and Sundays starting the first weekend in May, 1987,throughout the
summer.
Mr. Hegsted, 251 W. Chubbuck Road was present to explain his plans to Mayor Cotant
and Council.
Council had concerns about the business creating a traffic hazard because of the
activity at that particular intersection. Mr. Hegsted stated he would be willing
to move the business closer to the middle of the parking lot if it created a
problem being too close to the road.
Councilman Fullmer moved to approve a business license to Mr. Hegsted to operate
a swap & consigned sales business at the Green Triangle Parking lot the first
weekend in May throughout the summer on Saturdays and Sundays subject to: 1) The
Council reviewing Mr. Hegsted's business activities the first Council Meeting in
June. Mr. Hegsted will attend the meeting. 2) The Chief of Police reporting on
any safety hazards that the business might create. Councilman England seconded.
All councilmembers present voted in favor of the motion.
CITIZEN COMPLAINT/DAMAGE - Jamie L. Anderson, 1707 Glacier filed a complaint for
$91.00 with the City of Chubbuck in regards to a dent received on the hood of her
car during a disturbahce at the Green Triangle. Jamie Anderson was not present at
the meeting.
Councilman England moved to deny the claim of $91.00 presented by Jamie Anderson.
Councilman Quick seconded. All councilmembers present voted in favor of motion.
City Clerk Ron Conlin was asked to notify the City Insurance Co. of denial of the
claim.
GREATER POCATELLO CHAMBER OF COMMERCE- ECONOMIC GROWTH COUNCIL REPORT - Dave Johnston,
Executive Vice President of the Chamber of Commerce, Pete Olson, Vice President of
Economic Growth Council, Jim Lee, Treasurer of the Chamber of Commerce was present.
Mr. Olson gave a report on what the Economic Growth Council is trying to accomplish
Mr. Olson stated that on February 6, 1987 the Economic Growth Council entered into
59
GREATER POCATELLO CHAMBER OF COMMERCE - (Cont.)
agreement with Arthur Young Co., a consulting firm located in Salt Lake City,
Utah to assist them in the process of developing a business strategy plan, and
also the implementation of the plan. This plan is for the complete area.
Mr. Olson gave a report on costs of the plan: The consultants fee is $58,500.00
with administration and incidental costs of $2,500.00 for a total of $61,000.00.
Mr. Olson said the contribution received so far is the City of Pocatello commit-
ting to $10,000.00, Bannock County committing $10,000.00 and the Pocatello
Development Corporation committing $3,000.00. There will be more soliciting other
businesses also.
Mr. Olson stated the on going costs of the plan will be approx. $60,000.00 a year.
Mr. Olson asked the City of Chubbuck consider a fund grant of $3,000.00 to the
Economic Growth Council to achieve these goals for the 1987 program. If the City
contributes this year, the City would not be obligated to future years.
Mayor Cotant expressed his concerns about hiring consultants from out of the area.
Mr. Olson said there needs to be a central effort, the outside partys coming in
are professionals at guiding plans like this, they will have a much better effect
than trying to draw from within -the area.
After discussion it was decided the Council would take the request under consider-
ation and discuss at the April 28, 1987 Council Meeting.
CHUBBUCK PRIDE REPORT - Mary Harker and Chubbuck Pride Chairwoman Debbie Ellis was
present to express concerns to the Greater Pocatello Chamber of Commerce.
Mrs. Harker and Mrs. Ellis gave a report on ideas they had for Chubbuck Pride
activities.
LIQUOR AND BEER LICENSE APPLICATION - Sea Galley Stores of Idaho, 4105 Yellowstone Ave
have applied for a Liquor & Beer License.
Councilman England moved to approve a liquor and beer license to Sea Galley Stores
of Idaho, 4105 Yellowstone. Councilwoman Hopkins seconded. All councilmembers
voted in favor of motion.
LIQUOR AND BEER LICENSE APPLICATION - Little Tree Inn, 133 W. Burnside has applied
for a liquor and beer license.
On April 7, 1987 the Little Tree Inn called the City Offices to see if there was
a way they could open for liquor and beer sales on the 7th of April instead of
being required to way until the next Council Meeting. City Clerk Ron Conlin
polled the Council with the following results: Hopkins, yes; Quick, yes; England,
yes; Fullmer, yes. City Clerk Conlin told them they could sell liquor and beer
--- as of the 7th of April, 1987.
Councilman Fullmer moved to ratify approval of the liquor and beer license to
the Little Tree Inn, 133 W. Burnside Ave n All councilmembers voted in favor of
motion. "ADDITION" Councilman England seconded.
61
1985-86 FISCAL YEAR AUDIT - City Auditor Scott Jones presented the 1985-86 Fiscal'
Year Audit at the March 28, 1987 Council Meeting and suggested the Council re-
view and approve at the April 14, 1987 Council Meeting.
Councilman Quick moved to accept the 1985-86 Fiscal Year Audit as presented by
City Auditor Scott Jones. Councilman Fullmer seconded. All Councilmembers voted
in favor of motion.
PROCLAMATION - PROFESSIONAL SECRETARIES WEEK - Mayor Cotant read the proclamation
in full.
Councilman Fullmer moved to direct Mayor Cotant to proclaim April 19, 1987 to
April 27, 1987 as Professional Secretaries Week. Councilwoman Hopkins seconded.
All councilmembers voted in favor of motion.
PROPOSED LOCAL IMPROVEMENT DISTRICT IN COUNTRY ACRES SUBDIVISION - Todd & Marsha
Taylor, 4616 Ponderosa presented a petition to Mayor Cotant and Council requesting
sidewalks be installed in Country Acres Subdivision through the creation of a
Local Improvement District. Mr. Taylor reported the petitions had been taken
through the Country Acres Subdivision and approx. 870/0 of the residences were
contacted with approx. 62% of the residences signing the petition.
Bonnie Eldridge, 4610 Targhee expressed concern that a lot of the residents -in
the subdivision did not know what they were signing when they signed the petition.
Attorney Winmill gave a report on procedures that will be followed in creating
the LID.
Discussion about costs of creating a Local Improvement District.
Attorney Winmill stated he would like to review the procedures of creating an
LID and prepare a time table and report at the April 28, 1987 Council Meeting.
Todd & Marsha Taylor took the petition with them with the intention of getting
more signatures and present at the April 28, 1987 Council Meeting.
ROY LACEY - CHANGE IN COMPREHENSIVE PLAN - Mr. Roy Lacey, 12411 No. Corey Lane was
present.
Attorney Winmill stated the public hearing was set for 7:30 p.m., Mr. Lacey was
not present until 7:58 p.m., therefore Mayor Cotant opened the public hearing as
publicized and asked if there was anyone present to speak in favor of the proposal.
There was nobody. Mayor Cotant asked if there was anyone to speak in opposition
of the proposal. There was approx. 15 individuals in opposition to the proposal.
Mayor Cotant and the Council not knowing if anyone was going to appear in favor of
opposition closed the public hearing. After discussion the Council voted to deny
the proposal.
Mr. Lacey stated he was involved in putting out a grass fire and could not make it
to the public hearing on time. Mr. Lacey stated he felt he has been fighting a up
hill battle on the proposal all the way. He stated he could not see any reason for
the denial.
Attorney Winmill told the council the only way to undo the action is to have a
63
ROY LACEY - REQUEST FOR CHANGE IN THE COMPREHENSIVE PLAN - (Cont.)
Councilmember move to reconsider the previous action and then request the matter
be readvertized.
The Council was asked, considering Mr. Roy Lacey's comments, does the Council
feel any change in their thinking about the previous action, after each member
of the Councils remarks, the council did not have a change in there previous vote.
RESOLUTION 1-87 - A resolution amending monthly service charge to be imposed by the
City for sewage system, and water furnished through the municipal water system.
Mayor Cotant read Resolution #1-87 in full.
Councilman Fullmer moved to adopt Resolution #1-87 as read. The water rate increase
is needed because of the need for Capital Improvement Projects in the water system,
and the sewer funds collected will bring into balance, the sewer fund deficit of
-$25,000.00. Councilwoman Hopkins seconded. All Councilmembers voted in favor of
motion.
ORDINANCE #291 - Amending section 15.04.010 & 15.04.020 of the Chubbuck Municipal
Code to adopt Division I of Chapter 7 to the Appendix of the Uniform Building Code
and make the same applicable to covered mall buildings within the City of Chubbuck.
Mayor Cotant read Ordinance #291 in full.
Fire Chief Cary Campbell was present to answer any questions the Council might
have in regards to the 6rdinance.
Councilman England moved to dispense with the rule of reading Ordinance #291
on three seperate occasions. Councilman Fullmer seconded. Roll Call Vote: Hopkins,
Yes; Quick, yes; England, yes; Fullmer, yes.
Councilwoman Hopkins moved to adopt Ordinance #291 as read. Councilman Quick second
ed. Roll Call Vote: Hopkins, yes; Quick, yes; England, yes; Fullmer, yes.
ORDINANCE #292 - An ordinance adding a new section 17.16.045 to the Chubbuck Municipal
Codq providing for the extention of city streets at a landowners expense and
provide a mechanism whereby said landowner may recover part of the cost of such
extention from adjoining property owners.
Councilman England moved to dispense with the rule of requiring Ordinance #292
on three seperate occasions. Councilwoman Hopkins seconded. Roll Call Vote:
Hopkins, yes; Quick, yes; England, yes; Fullmer, yes.
Councilman Fullmer moved to adopt Ordinance #292 as read. Councilman England
seconded. Roll Call Vote: Hopkins, yes; Quick, yes; England, yes; Fullmer, yes.
CLAIMS - Computer print-out and handcheck claims have been presented to Mayor Cotant
and Council.
Councilman England moved to approve the Computer print-out & handcheck claims as
read. Councilwoman Hopkins seconded. All Councilmembers voted in favor of motion.
65
GENERAL DISCUSSION -
1) Ray & Margaret England, 11953 N. Hawthorne Rd. asked that they be charged
the regular utility rates instead of the one and one half charge that is
required by ordinance for out of City users. Mr. England felt that since he
and his wife granted the City an easement for sewer line, the City should
take into consideration and give the users that granted an easement,a break
and charge them the regular utility rates. Mayor Cotant said the council would
take the request into consideration and notify Mr. & Mrs. England of the
decision.
2) Fire Chief Cary Campbell reported he would like to send six volunteer firemen
to Fire School in McCall this year. The cost of sending the volunteer firemen
is $325.00 per individual plus mileafe for two vehicles.
3) Councilman Fullmer questioned whether'or not the ordinance regulating junk cars
is being enforced. Councilman Fullmer sited property in his neighborhood that
is in violation of the ordinance and nothing has been done. It was stated the
ordinance is enforced. Councilman Fullmer will proceed with a note to the
Police Department.
4) Complaint of Police Harrassment - Councilman Fullmer stated he had heard of
the Police Department meeting with 3 teenagers on a complaint of police harrass
ment, Wednesday, April 15 at 6:30 p.m. Councilman Fullmer stated he felt the
meeting should take place, but, Councilman Quick or Mayor Cotant should be at
the meeting as a third party. Councilman Quick said he would attend the meeting
and report to the council at the April 28, 1987 Council Meeting.
PARRISH LAND - NORTH OF CITY OFFICES - Engineer Smart reported Rodney Parrish answered
the Citys offer on the land north of the City Offices by stating, if the City is
interested in purchasing this property they need to come up with a more realistic
offer or institute condemnation.
Discussion about steps to condemnation.
After discussion, Councilman Fullmer made motion that based upon the response
from Rodney Parrish, Parrish Co. by letter of 4/2/87, we respectfully enter into
a friendly condemnation proceedings, subject to determination of reasonable value,
based upon a current review of the original appraisel by Mr. Charles Thompsen,
and subject to Attorney Winmill being able to justify the proceeding of
condemnation based upon the fact that we don't have an immediate use, but a fore-
casted use for the property. Counciwoman Hopkins seconded. All councilmembers
voted in favor of motion.
At 11:24 p.m., Councilman England moved, Councilwoman Hopkins seconded, with full
council approval to adjourn meeting.
ohn 0. Cotant, J Mayor
Ron C. Conlin, City Clerk