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Home My WebLink About08 11 2009 CM 113 COUNCIL MEETING MINUTES August 11, 2009 Minutes of a regular council meeting held at the Chubbuck City Council Chambers, August 11, 2009. Present: Mayor Steven M. England, Council members Kent Kearns, Dennis Stoddard, Kermit G. Morrison, Rebecca Ponkow, Attorney Thomas J. Holmes, Public Works Director Steven M. Smart, City Treasurer Rich Morgan and City Clerk Ron C. Conlin. Meeting was called to order at 7:30 p.m. by Mayor England. PLEDGE ALLEGIANCE TO THE FLAG was led by City Treasurer Rich Morgan. INVOCATION was given by Chubbuck Stake President Troy Dye, The Church of Jesus Christ of Latter-Day Saints. APPROVAL OF MINUTES - Mayor England asked for corrections or additions to the July 28, 2009 regular meeting minutes. Council member Kearns moved to approve the regular meeting minutes of July 28, 2009 subject to, “Council member Morrison voting yes on Temporary Business License for David Grill Headquarters Wholesale on page 107 and Council member Stoddard seconding the motion on the beer and wine business license for Allison Abshire, Tobacco Connection, page 109". Council member Ponkow seconded. Roll Call Vote: Kearns, yes; Stoddard, yes; Ponkow, yes; Morrison, yes. RECOGNITIONS - Michelle Christy, 195 Jacob was recognized by Mayor England for her service on the Land Use and Development Commission. Public Works Director Steven M. Smart was recognized by APWA for his service to the APWA. Jerry Robbins, APWA was present to present the award. PUBLIC HEARING - An application by The Church of Jesus Christ of Latter-Day Saints/Darris Ellis c/o RMES, 2043 E. Center, Pocatello, Idaho for a Comprehensive Plan/Urban Service Boundary change on property located north of Homestead Estates Subdivision. The Land Use & Development Commission recommended denial of the application. Mitch Greer, RMES, 2043 E. Center presented the application. Mr. Greer stated the issue for denial by the Land Use and Development Commission was one main item, sewer capacity. Mr. Greer felt there is no increase in sewer usage because this is an LDS Church and the people are either using restroom at the Church, or in their homes in the neighborhood. Mr. Greer recommended the proposal be approved. 115 COUNCIL MEETING MINUTES - (cont.) August 11, 2009 PUBLIC HEARING - COMPREHENSIVE PLAN/URBAN SERVICE BOUNDARY CHANGE- (cont.) Mr. Greer stated the LDS Church will be completed in a couple of years, 2011. PWD Smart stated that if every thing goes on schedule, the North Bannock County Sewer Project will be completed about this same time, 2011. Discussion about the three or four residential homes proposed. PWD Smart stated, if this comprehensive plan/urban service boundary change is approved, the residential homes will be approved also. Mayor England declared the public hearing open, asking for comments in favor of the proposal. Troy Dye, 5001 Constitution spoke in favor of the proposal. President Dye explained the LDS Church prospective on the proposal. Randy Hayes, 125 N. Garfield, Pocatello spoke in favor of the proposal. Darris Ellis, 4470 Wasatch stated he does not have plans at this time to develop the four residences. Mayor England asked for comment neutral, or in opposition to the proposal. There being no comment, Mayor England declared the public hearing closed. Mayor England spoke in favor of the comprehensive plan/urban service boundary change as presented. Council member Stoddard moved to approve the application by The Church of Jesus Christ of Latter-Day Saints for a comprehensive plan/urban service boundary change on property located north of Homestead Estates Subdivision, Council member Morrison seconded. Roll Call Vote: Morrison, yes; Ponkow, yes; Stoddard, yes; Kearns, no. PUBLIC HEARING - Proposed ordinance amending Section 18.12.030 (A) to allow temporary use of storage or shipping containers in residential areas. The Land Use and Development Commission recommended approval of the ordinance, with conditions. PWD Smart stated the City’s Ordinance disallows temporary use of storage or shipping containers in residential areas. 117 COUNCIL MEETING MINUTES - (cont.) August 11, 2009 PUBLIC HEARING ON TEMPORARY USE OF STORAGE OR SHIPPING CONTAINER IN RESIDENTIAL AREAS - (cont.) Attorney Holmes explained the proposed ordinance. Mayor England declared the public hearing open, asking for comments in favor. Brian Cooper, 12864 Triple Crown, Pocatello explained his business, stating he is opposed to some of the ordinance. Mr. Cooper stated the two day lapse is a concern, this would affect his business. Mr. Cooper asked if the permit process is necessary. Mayor England asked for comment neutral, or opposed to the proposed ordinance. Diane Wilson, Denny’s Wrecker was present to speak in opposition to the proposed ordinance. Mayor England declared the public hearing closed. Attorney Holmes stated the City Staff has looked at eliminating all of the new ordinance from Paragraph 5 on, addressing the residential in much as we had commercial and industrial by allowing a container in a residential area for moving or shipping household goods, or for storing temporality for a period not to exceed 90 days without a permit. There will be no blocking of roadways or driveways. Review in six or twelve months. Mayor England suggested Diane Wilson and Brian Cooper take the amended ordinance, review and advise City of concerns. Council member Kearns stated he would have a concern with containers in a residential area for longer than 60 days. Council member Kearns explained. Council tabled the proposed ordinance until the August 25, 2009 Council Meeting. PUBLIC HEARING - ORDINANCE #673 - Proposed ordinance deleting all the provisions in Chapter 17.12 providing for waiver of plat. The Land Use and Development Commission recommended approval of the ordinance. PWD Smart explained the proposed ordinance. Mayor England declared the public hearing open, asking for comment in favor of, neutral or opposed. There being no comment Mayor England declared the public hearing closed. 119 COUNCIL MEETING MINUTES - (cont.) August 11, 2009 PUBLIC HEARING - ORDINANCE #673 - (cont.) Attorney Holmes read Ordinance #673 by title only for the first reading. Council member Stoddard moved to dispense with the rule of reading Ordinance #673 on three separate days, Council member Morrison seconded. Roll Call Vote: Kearns, yes; Stoddard, yes; Ponkow, yes; Morrison, yes.. Council member Stoddard moved to adopt Ordinance #673 as read, Council member Ponkow seconded. Roll Call Vote: Kearns, yes; Stoddard, yes; Ponkow, yes; Morrison, yes. TEMPORARY BUSINESS LICENSE APPLICATION - Brad Baker, ACI-Atlanic Circulation has applied for a temporary business license to go door to door renewing and selling magazine subscriptions in the City. CC Ron Conlin stated this fellow indicated he might be gone from the area by this council meeting. No motion. TEMPORARY BUSINESS LICENSE APPLICATION - Imbi Helm, Southwestern, 9237 Beach side Lane, Boise, Idaho has applied for a temporary business license to sell educational books door to door in the City. Council member Stoddard moved to grant Imbi Helm, Southwestern a business license to sell education books door to door in the City, Council member Morrison seconded. Roll Call Vote: Morrison, yes; Ponkow, no; Stoddard, yes; Kearns, no; Mayor England, yes. Motion passes 3-2. DAY CARE BUSINESS LICENSE APPLICATION - Claudia Fredrickson, Claudia’s Kids, 1017 Patriot, Chubbuck, Idaho has applied for a day care business license to operate a day care business in her residence. Claudia Fredrickson, Claudia’s Kids explained her day care operation. Council member Kearns moved to grant Claudia Fredrickson, Claudia’s Kids a day care license to operate a day care business in her residence at 1017 Patriot, Council member Ponkow seconded. Roll Call Vote: Kearns, yes; Stoddard, yes; Ponkow, yes; Morrison, yes. 121 COUNCIL MEETING MINUTES - (cont.) August 11, 2009 ORDINANCE #674 - Ratifying sewer regulation adopted by the Chubbuck Impact Area Wastewater Collection Authority. Attorney Holmes read Ordinance #674 by title only for the third reading, by title only. Council member Kearns moved to dispense with the rule of reading Ordinance #674 in full, Council member Ponkow seconded. Roll Call Vote: Kearns, yes; Stoddard, yes; Ponkow, yes; Morrison, yes. Council member Kearns moved to adopt Ordinance #674 as presented, Council member Ponkow seconded. Roll Call Vote: Morrison, yes; Ponkow, yes; Stoddard, yes; Kearns, yes. RECIPROCAL AUTOMATIC FIRE FIGHTING ASSISTANCE AGREEMENT - Fire Chief Eric King presented the Reciprocal Automatic Fire Fighting Assistance Agreement. Pocatello Fire Chief Mike Irwin was present to answer questions. FC King presented a power point presentation to Mayor England and Council. Council member Ponkow asked FC King if the City of Chubbuck can meet the requirements in the agreement. Chief King stated there is always a concern, hopefully entering into this agreement we can free up some resources. FC King stated most of the time we have three full time people at fire station. Council member Ponkow expressed concern about full filling our side of the agreement. Mayor England stated the City will have a policy that will allow the City to full fill our side of the agreement. Council member Kearns moved to authorize Mayor England to enter into the Reciprocal Automatic Fire Fighting Assistance Agreement with City of Pocatello, County of Bannock and State of Idaho, Council member Morrison seconded. Roll Call Vote: Morrison, yes; Ponkow, yes; Stoddard, yes; Kearns, yes. RESOLUTION #5-2009 - Destruction of out dated records. City Clerk Conlin stated the records listed have been preserved according to Idaho State Code. Council member Kearns moved to adopt Resolution #5-2009 as read, Council member Ponkow seconded. Roll Call Vote: Kearns, yes; Stoddard, yes; Ponkow, yes; Morrison, yes. 123 COUNCIL MEETING MINUTES - (cont.) August 11, 2009 2009-2010 FISCAL YEAR TENTATIVE BUDGET - City Treasurer Rich Morgan presented the 2009-2010 FY Tentative Budget. General & HS&R Funds$ 5,539,698. Parks Dedication Fund$ 84,000. Chubbuck Development Authority$ 1,888,928. Sewer Fund$ 2,151,329. Water Fund$ 2,140,000. Sanitation Fund$ 1,560,000. Special Revenue Funds$ 62,900. Employee Benefit Fund$ 955,567. _________ TOTAL FUNDS $14,382.422. CT Morgan stated the Sanitation Budget requires a 15% increase in rates, with the Sewer Budget requiring a 5% increase in rates. The proposed increased rates will be published as required by State Law. PWD Smart presented a list of projects completed with the tax increment monies received. CT Morgan stated this property tax revenue is the maximum amount we can take this year. City Treasurer Rich Morgan stated the 2009-2010 FY Budget Public Hearing is scheduled for August 25, 2009 at 7:30 p.m. Council member Stoddard explained his feelings on this 2009-2010 FY Budget. Council member Stoddard stated he is in favor of continuing the TIFF District. Council member Ponkow explained her concerns and feelings on the 2009-2010 FY Budget. Council member Kearns moved to approve the 2009-2010 FY Tentative Budget as presented, Council member Stoddard seconded. Roll Call Vote: Morrison, yes; Ponkow, yes; Stoddard, yes; Kearns, yes. 125 COUNCIL MEETING MINUTES - (cont.) August 11, 2009 CLAIMS - Computer print -out claims presented to Mayor England and Council. Council member Morrison moved to approve the computer print -out claims as presented, Council member Kearns seconded. Roll Call Vote: Morrison, yes; Ponkow, yes; Stoddard, yes; Kearns, yes. At 9:25 p.m, Council member Stoddard moved, Council member Morrison seconded, with full council approval to adjourn meeting. rteven M. England, �� . Ron C. Conlin, City Clerk