HomeMy WebLinkAbout10 14 2003 CM163
COUNCIL MEETING MINUTES
October 14`'', 2003
Minutes of a regular meeting held at Chubbuck Elementary School, October 14t'', 2003.
Present: Mayor John O. Cotant, Council members Leroy S. Quick, Steven M. England, Marvin
C. Gunter, B. Kent Kearns, Attorney Thomas J. Holmes, Public Works Director Steven
M. Smart and City Clerk Ron C. Conlin.
Meeting was called to order at 7:31 p.m. by Mayor Cotant.
PLEDGE ALLEGIANCE TO THE FLAG was lead by Randy Severe.
APPROVAL OF MINUTES - Mayor Cotant asked for corrections and additions to the regular
meeting minutes of September 9 "', 2003.
Councilman Kearns moved to approve regular meeting minutes of September 9', 2003 as
read subject to correction of typos, Councilman Quick seconded. All council members
voted in favor of motion.
PUBLIC HEARING - Amending 2002 -2003 Fiscal Year Budget.
Mayor Cotant declared the public hearing open asking for comment from the public.
CC Ron Conlin stated the City received the following in additional revenues in the FY
2002 -03 Budget:
Fire Department Grants $ 75,000.00
Sewer - Sanitation Reserve Funds $ 400,000.00
Chubbuck Development Authority Tax Increment $ 100,000.00
Total $ 575,000.00
The following expenditures were made with the additional funds received:
Fire Department Equipment $ 75,000.00
City Hall Remodel /Addition $ 400,000.00
CDA Evans, Burnside and Kings Way $ 100,000.00
Total $ 575,000.00
There being no comment from the public, Mayor Cotant declared the public hearing
closed.
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COUNCIL MEETING MINUTES - (cont.)
October 141'', 2003
ORDINANCE #577 - Amending Ordinance #561, the Appropriations Ordinance for Fiscal Year
October 1st, 2002 and ending September 30tt', 2003; appropriating additional monies that
were received by the City of Chubbuck in the sum of $575,000, and providing an
effective date.
Mayor Cotant read Ordinance #577 in full for the first and final reading.
Councilman Quick moved to dispense with the rule of reading Ordinance #577 on three
separate days, Councilman Gunter seconded. Roll Call Vote: Quick, yes; England, yes;
Gunter, yes; Kearns, yes.
Councilman Gunter moved to adopt Ordinance #577 as read, Councilman Quick
seconded. Roll Call Vote: Quick, yes; England, yes; Gunter, yes; Kearns, yes.
ORDINANCE - Amending Chapter 13.28, garbage collection, to amend and provide for
definitions; to provide curb side recycling as part of the residential garbage collections for
the City of Chubbuck, providing for the separation of materials set out for recycling;
providing general provisions for commercial recycling.
PWD Smart presented results of the third Curbside Recycling Survey sent out in last
month's Mayor Letter to the Residents.
Mayor Cotant stated he received comments that there are handicap people in the City that
use recycling as income. There are several scout groups that use recycling for required
projects. This ordinance will eliminate these.
Dennis Hobbs, 4959 Joy said when he was with Astaris they had a recycling program and
it did not work, Mr. Hobbs spoke against the curbside recycling proposal. Dennis Hobbs
felt PSI, Inc. should be paying the City to recycle not the City residents paying PSI, Inc.
Councilman Quick said the residents he talked to are four to one against the curbside
recycling as proposed here, they are not against recycling, but they do not want to pay the
additional $2.50 per residence.
Rich Marley, 5150 Stuart spoke against the ordinance as presented.
Mark and Mary Bunce, 755 East Chubbuck Road spoke in favor of the Curbside
Recycling Program.
Mayor Cotant recommended the City not enter into the Curbside Recycling Program until
the City can do it without charging the additional $2.50 per residence.
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COUNCIL MEETING MINUTES - (cont.)
October 14`h, 2003
ORDINANCE - CURBSIDE RECYCLING - (cont.)
Councilman Kearns stated the savings does not come from the pounds of items recycled,
but how long we extend the life of the landfill. If the County has to construct a new
landfill under EPA requirements it will probably cost each residence more than $2.50 per
month.
Councilman Gunter stated he is in favor of some sort of recycling program, the public has
to educated about any recycling program.
Councilman England said when you recycle you are being good to the environment and
your children's future, but curbside recycling is not cost effective. Councilman England
suggested the City look at other ways other than curbside recycling to see if there is a way
to recycle more cost effective.
Councilman Quick moved to not proceed with the curbside recycling ordinance as
presented, Councilman England seconded. Roll Call Vote: Quick, yes; England yes;
Gunter, no; Kearns, no; Mayor Cotant, yes. Motion passes..
Councilman England made motion the recycling issue not die, that the City look at other
issues, options, etc on the curbside recycling issue, Councilman Kearns seconded. All
council members voted in favor of motion.
KAY'S KOVE PLANNED UNIT DEVELOPMENT, PUD FOR TWIN HOMES - Before the
Council Meeting of September 23rd, 2003 Mayor Cotant and Council found out the
residents within 300' of Kay's Kove Planned Unit Development, PUD were not aware of
the meeting being tabled from the August 26th, 2003 Council Meeting to the September
9`h, 2003 Council Meeting. A decision by the Council was made September 9 ', 2003.
There were several residents that had questions on the proposal. Mayor Cotant and
Council directed CC Conlin to notify and invite the residents within 300' of the Kay's
Kove proposal to the October 14`h, 2003 Council Meeting. The Council will rehear the
application for the Kays Kove Planned Unit Development, October 14`h, 2003.
Terri Taylor, 530 E. Chubbuck Road said she had not had an opportunity to meet Cary
Baird and had some questions on the Kay's Kove Planned Unit Development as
proposed.
Brian Rocky Mountain Engineering presented the Kay's Kove Planned Unit.
Development.
169
COUNCIL MEETING MINUTES - (cont.)
October 14`", 2003
KAY'S KOVE PLANNED UNIT DEVELOPMENT - PUD FOR TWIN HOMES - (cont.)
Councilman Kearns stated the Council allowed the preliminary plat based upon the
developer showing 1) The security gate. 2) Grant the easement on the road to Hiline
Road. 3) Approach the neighbors for an easement so he would not have to dig in E.
Chubbuck Road.
Discussion about sewer line depth.
Terri Taylor expressed concern about the easement going through her property. Mrs.
Taylor did not want the security gate. Concern about people parking in front of the
security gate. Mrs. Taylor felt the gate is a safety issue.
Discussion about the City's concern of cutting into E. Chubbuck Road for the water -
sewer connections.
Discussion about irrigation water in the area.
Cary Baird stated the City will inspect and give the okay on the repair if there is a cut into
E. Chubbuck Road. Mr. Baird said he will do all he can to make the repair smooth.
Councilman England moved to reaffirm the gate and easement requirement at the
September 9', 2003 Council Meeting that would allow them to access sewer into E.
Chubbuck Road, Councilman Quick seconded. All council members voted in favor of
motion.
KASISKA SUBDIVISION - 4TH ADDITION FINAL PLAT - PWD Smart recommended
approval of the Kasiska Subdivision - 4`'' Addition Final Plat.
Councilman Kearns moved to accept the Kasiska Subdivision - 4' Addition Final Plat as
presented, Councilman Gunter seconded. All council members voted in favor of motion.
REQUEST FOR BENCH PLACEMENT ON CITY STREETS - Kathy Severe, 409 Hollyhock
asked the Council to start a process where bench placement on city streets be put out for
bid. Mrs. Severe said the City has a contract with McCurdy Enterprises at this time. Mrs.
Severe felt the City could benefit from putting the contract out for bid.
Discussion about the safety issues of the benches being placed on sidewalks throughout
the City.
171
COUNCIL MEETING MINUTES - (cont.)
October 14 ', 2003
REQUEST FOR BENCH PLACEMENT ON CITY STREETS - (cont.)
PWD Smart stated the benches should be placed so there is three feet in front of them,
this will allow American Disability Act, (ADA) access.
Attorney Holmes stated the contract at this time has a 90 day termination clause in it, the
contract expires in 2005. The contract can be terminated in 90 days if the Council wants
that to happen.
Attorney Holmes stated Mr. and Mrs. Severe are required to remove the benches they
have placed on City streets.
Councilman England stated he received a request from Pocatello Transit
System that any bench that is not a transit bus bench, states on it that it is not a bus stop.
Council was in favor of terminating the current contract with McCurdy Enterprises after
90 days, then requiring the contract go out for bid.
DAY CARE FACILITY LICENSE APPLICATION - Melisa Owens, Little Explorers Day Care,
325 James, Chubbuck, Idaho has applied for a license to operate a day care facility at 325
James.
Councilman England moved to grant Melisa Owens, Little Explorers Day Care a day care
facility license to operate a day care at 325 James, Councilman Quick seconded. All
council members voted in favor of motion.
DAY CARE FACILITY LICENSE APPLICATION - Sonia Newby, Koala T Care, 340 Noah,
Chubbuck, Idaho has applied for a day care facility license to operate a day care facility at
340 Noah.
Councilman England moved to grant Sonia Newby, Koala T Care a day care facility
license to operate a day care facility at 340 Noah, Councilman Quick seconded. All
council members voted in favor of motion.
CITY OF CHUBBUCK FIREFIGHTERS LOCAL 4155 UNION CONTRACT - 2003 -2006 -
Councilman Gunter moved to authorize Mayor Cotant to enter into the City of Chubbuck
Firefighters, Local 4155 Union Contract, 2003 -2006, Councilman Kearns seconded. All
council members voted in favor of motion.
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COUNCIL, MEETING MINUTES - (cont.)
October 14'h, 2003
ORDINANCE - Amending Section 8.36.020, (R) (3) to provide an air pollution alert shall be
issued when PM -10 exceeds one hundred micrograms per cubic meter.
Attorney Holmes read ordinance by title only for the first reading.
Council tabled the ordinance until the October 28 ', 2003 Council Meeting.
ORDINANCE - Amending Municipal Code Section 13.16.040 to clarify when sewer charges
begin when a property is notified to connect to the public sewer.
Attorney Holmes read ordinance by title only for the first reading.
Council tabled the ordinance until the October 28`'', 2003 Council Meeting.
WATER RIGHTS DISCUSSION - PWD Smart gave a report City water right issues.
PWD Smart stated several years ago the State began adjuducating all water right claims.
The surface water users downstream who have senior priority dates on water rights are
beginning to demand junior dates be curtailed. PWD Smart stated the withdrawal of
ground water is having an affect on surface water. PWD Smart stated the City of
Chubbuck's ground water levels have dropped some, but not as dramatically as City of
Pocatello's. City of Chubbuck has been put into District 120. PWD Smart stated if the
drought conditions continue, and if the senior water users make a call, the junior water
rights could be curtailed. PWD Smart suggested the City look at conservation and ways to
conserve water. PWD Smart is attending meetings and will continue to update the Mayor
and Council. City will look at attaining all the Fort Hall Water Rights we can.
CLAIMS - Computer print -out claims presented to Mayor Cotant and Council.
Councilman Quick moved to approve computer print -out claims as presented,
Councilman England seconded. All council members voted in favor of motion.
GENERAL DISCUSSION -
1. Day Care Ordinance - Mayor Harker expressed concern about State Law and City of
Chubbuck Code not being consistent. Mrs. Harker explained how the inconsistency
affects her family. Mrs. Harker said her family cannot get help from the State because
of not complying with City Code. Mrs. Harker stated the City of Chubbuck is the only
City in the State that requires grandparents have a day care license, which requires
them to comply with City Code. PC Richard Webb said he will review the ordinance to
see if the ordinance should be changed.
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COUNCIL MEETING MINUTES - (cont.)
October 14`x', 2003
GENERAL DISCUSSION - (cont.)
2. Councilman Gunter asked is East Burnside Ave at Jackson's Store is going to be a one
way street. PWD Smart stated, Jackson's Store would prefer East Burnside Ave not be
one way at this time. Councilman Gunter suggested East Burnside Ave be made one
way now because it will be hard to do in the future.
At 9:45 p.m, Councilman England moved, Councilman Quick seconded, with full council
approval to adjourn meeting.
G
4John O. Cotant, Mayor
Ron C. Conlin, City Clerk