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Home My WebLink About01 13 2009 CM 1 COUNCIL MEETING MINUTES January 13, 2009 Minutes of a regular council meeting held at the Chubbuck City Council Chambers, January 13, 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 and City Clerk Ron C. Conlin. Meeting called to order at 7:30 p.m. by Mayor England. PLEDGE ALLEGIANCE OF THE FLAG was led by Council member Kermit G. Morrison. th INVOCATION was given by Bishop Gary Hirshi, Chubbuck 5 Ward, The Church of Jesus Christ of Latter-Day Saints. APPROVAL OF MINUTES - Mayor England asked for corrections and additions to the regular meeting minutes of December 9, 2008. Council member Kearns moved to approve the regular meeting minutes of December 9, 2008, subject to ordinance amending Chubbuck Municipal Code Section 5.08.080 on page th 153, 4 paragraph being read for the first reading instead of second reading, Council member Ponkow seconded. All council members voted in favor of motion. PRESENTATION - Jeff Black, Executive Director, Idaho Peace Officer Standards and Training stated the highest certification a Police Officer can earn in the State of Idaho is the Executive Certificate. Mr. Black presented the Executive Certificate to Chief of Police Randy Severe. STATE OF THE CITY ADDRESS was given by Mayor Steven M. England, relating past accomplishments of the City, together with future plans for the City. ELECTION OF PRESIDENT OF COUNCIL - Councilman Kearns moved to nominate Councilman Kermit G. Morrison to be the 2009 President of Council, Council member Stoddard seconded. Roll Call Vote: Kearns, yes; Stoddard, yes; Ponkow, yes, Morrison, yes. ACCEPTANCE OF OFFER OF DEDICATION - BROOKSTONE ESTATES DIVISION 1 - PWD Smart recommended the Council accept the Offer of Dedication as presented. Council member Stoddard moved to approve the Acceptance of Offer of Dedication of Brookstone Estates Division 1 as presented, Council member Morrison seconded. Roll Call Vote: Morrison, yes; Ponkow, yes; Stoddard, yes; Kearns, yes. 3 COUNCIL MEETING MINUTES - (cont.) January 13, 2009 ORDINANCE - Amending Chubbuck Municipal Code Section 5.08.080 to conform it to the State Law change in 2008 that allows liquor by the drink to be served on the days of a General or Primary Election. Attorney Holmes read the ordinance by title for the second reading. Council tabled the ordinance until the January 27, 2009 Council Meeting. ORDINANCE - Enacting a new chapter 8.44, “Construction Site Sediment and Erosion Control”, establishing regulations to control non-storm water discharges to the City’s Storm Drainage System; establishing regulations to control non-storm water discharges to the City’s Storm Water Sewer System; providing regulations in order to comply with requirements of the City’s National Pollutant discharge elimination system permit. PWD Smart reported on the proposed ordinance. PWD Smart stated these three ordinances add four sections to our city code relating to stormwater runoff management and contamination prevention. Our NPDES permit requires the city to adopt ordinances addressing the issues outlined in the ordinance adding Code Sections 8.44 and 8.48. The City of Pocatello and John Sigler, their senior environmental coordinator, have crafted these ordinances to satisfy the requirements of the NPDES permit. Pocatello adopted their versions of the ordinance on December 4, 2008. The third ordinance, creating sections 9.08.144 and 9.08.145, was also crafted and adopted by the City of Pocatello. They address additional requirements, which are intended to assist keeping contamination out of the stormwater drains and thus, the Portneuf River and the waters of the US. PWD Smart recommended adoption of all three of the ordinances. The NPDES permit required these ordinances be adopted by the end of the year 2008. Since we did not get them until about that time, PWD Smart recommends the ordinance be considered at our earliest opportunity, adopting them in a timely matter. PWD Smart answered questions pertaining to the proposed ordinance. Attorney Holmes read ordinance by title for first reading. Council tabled the ordinance until the January 27, 2009 Council Meeting. 5 COUNCIL MEETING MINUTES - (cont.) January 13, 2009 ORDINANCE - Enacting a new Chapter 8.48, “illicit discharge and storm water sewer connections ordinance”; establishing regulations to control non-storm water discharges to the City’s Storm Drainage System; establishing methods to control and restrict the introduction of pollutants into the Municipal Storm Sewer System; providing regulations in order to comply with requirements of the City’s Nation Pollutant Discharge Elimination System, (NPDES). PWD Smart answered questions pertaining to the proposed ordinance. Attorney Holmes read ordinance by title for the first reading. Council tabled the ordinance until the January 27, 2009 Council Meeting. ORDINANCE - Adopting Sections 9.08.145 to provide for regulations to control the deposition of dust, dirt and other materials from non-public to public rights-of-way within the City Limits, into the Storm Sewer System, and into the airshed in compliance with the requirements of the City’s National Pollutant Discharge Elimination System Permit. PWD Smart answered questions pertaining to the proposed ordinance. Attorney Holmes read ordinance by title only for the first reading. Council tabled the ordinance until the January 27, 2009 Council Meeting. CHUBBUCK FIRE DEPARTMENT 2007-2008 YEAR END REVIEW - Fire Chief Eric King presented the Chubbuck Fire Department 2007-2008 Year End Review. Response Times Financial Review Call Volume Chubbuck Fire Department Personnel Inspections Community Service Training hours Major Incidents Fire Related injuries/deaths Goals for 2009 7 COUNCIL MEETING MINUTES - (cont.) January 13, 2009 WATER RIGHTS AVAILABLE FOR PURCHASE - PWD Smart stated there is no doubt that in the near future we will have a need for expansion of our water rights portfolio. The City presently has water rights for 13,465 acre feet per year. Being a municipal water right, we are able to divert that water all year long from January through December 31. One acre foot is the amount of water covering one acre of land one foot deep. It equals 325,829 gallons. PWD Smart stated he has been approached by an individual who brokers water rights. Until now, he has put him off, because we had no resources and the price seemed quite high. More recently, the price has come down a little. He has at least 900 acre feet and possibly up to 2,000 acre feet for sale at the present time. Two of the water rights that would be drawn from have priority dates of 1952, which are five year senior to our most senior water rights at the present time. All of these water rights are groundwater /agricultural water rights available for diversion between April 1 and October 31 each year. If the city were to buy the water rights like that and transfer them to the city strictly for irrigation, we would be able to transfer 100% of the water right to the city's name. We would be permitted to divert the water only between April 1 and October 31 for irrigation uses. If transferred the water for both potable and irrigation use, it would probably only transfer about 75% of the purchase water right. These water rights are available for a purchase price of about $700. per acre foot. This does not included any legal fees or consulting fees we might incur in verifying the water rights and preparing other legal documentation. In order to incur that debt, the city would either need to have a bond election or go through a judicial confirmation process. PWD Smart felt the judicial confirmation process would be successful. PWD Smart stated if the city borrowed $1 million and all of it was able to go to the water rights purchase, we could buy up to about 1400 acre feet of water rights. Financed over ten years at 5% would have to increase our water base rate by $2.70 per month per equivalent dwelling unit. PWD Smart stated he would recommend the city seriously consider purchasing additional water rights to supplement our existing water rights. Council member Ponkow expressed concern of over use of the judicial confirmation process. PWD Smart asked the Council if this is something we want to pursue now, rather it be a bond election or judicial confirmation. 01 COUNCIL MEETING MINUTES - (cont.) January 13, 2009 WATER RIGHTS AVAILABLE FOR PURCHASE - (cont.) PWD Smart stated "Letters of Interest" are being solicited by DEQ for the State Revolving Fund Loan. PWD Smart stated the City put in the mail today a Letter of Interest for the Northwest Sewer Interceptor, Portion B & C of Phase 1 for $11,000,000, purchase of water rights and an exploratory test well. PWD Smart explained the water rights are measured in two different ways. Council tabled the water rights available for purchase consideration until the January 27, 2009 Council Meeting. CLAIMS - December, 2008 and January, 2009 computer print -out claims presented to Mayor England and Council. Council member Morrison moved to approve the December 23, 2008 and January 13, 2009 computer print -out claims as presented, Council member Ponkow seconded. Roll Call Vote: Kearns, yes; Stoddard, yes; Ponkow, yes; Morrison, yes. GENERAL DISCUSSION - 1. Council received a break down total for Recycling Survey. 2. Council member Kearns stated he will not be in attendance at the March 24, 2009 Council Meeting. 3. Council member Stoddard stated he will not be in attendance at the February 24, 2009 Council Meeting. At 9:28 p.m, Council member Stoddard moved, Council member Kearns seconded, with full council approval to adjourn meeting. r-• teven M. England, ayor Ron C. Conlin, City Clerk