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HomeMy WebLinkAbout11 24 2009 CM 171 COUNCIL MEETING MINUTES November 24, 2009 Minutes of a regular council meeting held at the Chubbuck City Council Chambers, November 24, 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 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 River Southwick, Troop #337. INVOCATION was given by President Kent Southwick, Tyhee Stake, The Church of Jesus Christ of Latter-Day Saints. APPROVAL OF MINUTES - Mayor England asked for corrections and additions to Special Meeting Minutes of November 4, 2009 and the Regular Council Meeting Minutes of November 10, 2009. Council member Kearns moved to approve the Special Council Meeting Minutes of November 4, 2009 and Regular Council Meeting Minutes of November 10, 2009 as read, Council member Morrison seconded. Roll Call Vote: Kearns, yes; Stoddard, yes; Ponkow, yes; Morrison, yes. PARK-A-WAY RV FINAL PLAT - There was no one present from Park-A-Way RV, PWD Smart gave a report on the plat. PWD Smart stated there are some deficiencies on the plat that need to be cleared up. Council member Kearns moved to approve the Park-A-Way RV Final Plat, contingent upon submission and of acceptance of construction drawings, along with any other concerns of the City Engineering Department, Council member Ponkow seconded. Roll Call Vote: Kearns, yes; Stoddard, yes; Ponkow, yes; Morrison, yes. ORDINANCE - Amending Chapter 5.05 Pawnbrokers and Pawnshops to include secondhand precious metals dealers and secondhand stores. Attorney Holmes addressed the concerns of Council at last Council Meeting. Attorney Holmes read ordinance by title only for the second reading. 173 COUNCIL MEETING MINUTES - (cont.) November 24, 2009 ORDINANCE #680 - Amending certain Sections of Chapter 15.54, flood damage prevention to update the provisions of the Chapter with recommendations from the Federal Emergency Management Agency. Attorney Holmes stated Asst. Planner Larry Kohntopp had dialog with FEMA. FEMA made several recommendations which are included in this ordinance. Attorney Holmes read Ordinance #680 by title only for the second reading. Council member Stoddard moved to dispense with the rule reading Ordinance #680 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 #680 as presented, Council member Kearns seconded. Roll Call Vote: Kearns, yes; Stoddard, yes; Ponkow, yes; Morrison, yes. RESOLUTION #11-2009 - Council may wish to direct City Attorney to file a complaint for the purpose of acquiring right-of-way for improvements at the intersection of West Chubbuck and Philbin Roads. Attorney Holmes explained Resolution #11-2009. After explanation, Attorney Holmes stated his recommendation is Council adopt Resolution #11-2009 as presented. Council member Ponkow asked how the City can condemn property outside City Limits. Attorney Holmes explained how he felt the City can condemn outside City Limits. Council member Ponkow expressed concern about why the original cost of roundabout was $500,000 in 2007, now in 2009 we are up to $1,300,000 for the roundabout. PWD Smart stated the original estimates on the costs of the roundabout were based on a roundabout on a much smaller scale, we were not sure of detail at that time, it was based on a very loose estimation. PWD Smart stated the most recent cost estimate is $950,000. Council member Ponkow stated that a $500,000 increase is significant when we have projects like the Dell Road Sewer Line that need to be completed. Council member Ponkow asked what is the amount the City is offering Diane Bilyeu for the property. Attorney Holmes stated the appraisal is based on a value of $25,000 an acre, plus the cost of some trees that would have to be removed. Council member Ponkow stated she is troubled we are taking land from citizens. 175 COUNCIL MEETING MINUTES - (cont.) November 24, 2009 RESOLUTION #11-2009 - (cont.) Council member Ponkow stated she felt the city should find another way without condemning the Diane Bilyeu property. Council member Kearns asked if Resolution #11-2009 is adopted, can the process be stopped if it is resolved. Attorney Holmes stated the process can be stopped at anytime. Attorney Holmes stated the City has made it clear the City does not want to condemn the property. Council member Kearns stated he is in favor of Bannock Planning Organization’s recommendations. Mayor England stated he hoped adopting this resolution will get negotiations going and the matter will be resolved before condemnation. Council member Kearns moved to adopt Resolution #11-2009, subject to continuing with negotiations, Council member Stoddard seconded. Roll Call Vote: Morrison, yes; Ponkow, no; Stoddard, yes; Kearns, yes. Motion passes, 3-1. GENERAL DISCUSSION - 1. Mayor England suggested there be one Regular Council Meeting in December, which will be December 8. Mayor England stated it has become necessary to extend contracts for the first phase of the NW Bannock County Sewer Interceptor bids from December 1, 2009 to December 9, 2009. Mayor England asked the Council if they will be available for approval of the contracts at a Special Meeting, December 15, 2009, early in evening. We will discuss when the meeting will be at the December 8, 2009 Council Meeting. 2. PWD Smart gave a report on the W. Chubbuck- Hawthorne intersection traffic light. PWD Smart stated the signal is up and running, and just about complete. Discussion about the costs. 3. PWD Smart gave a report on the E. Chubbuck and Hiline Roads intersection traffic light. 177 COUNCIL MEETING MINUTES - (cont.) November 24, 2009 CLAIMS - Computer print -out claims presented to Mayor England and Council. Council member Kearns moved to approve computer print -out claims as presented, Council member Stoddard seconded. Roll Call Vote: Kearns, yes; Stoddard, yes; Ponkow, yes; Morrison, yes. At 8:15 p.m, Council member Stoddard moved, Council member Morrison seconded, with full council approval to adjourn meeting. ';�' � C" I Ron C. Conlin, City Clerk A � - ___ Yk f4 �� /19tieven M. England, ayor