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Home My WebLink About04 25 2006 CM91 COUNCIL MEETING MINUTES April 25th, 2006 Minutes of a regular meeting held at the Chubbuck City Council Chambers, April 25th, 2006. Present: Mayor Steven M. England, Council members Leroy S. Quick, Kent Kearns, Dennis Stoddard, Richard Morgan, Attorney Thomas J. Homes, Public Works Director Steven M. Smart and City Clerk Ron C. Conlin. PLEDGE ALLEGIANCE TO THE FLAG was led by Council member Richard Morgan. APPROVAL OF MINUTES - Mayor England asked for corrections and additions to the Special Meeting Minutes of April 11', 2006 and Regular Meeting Minutes of April 11 th, 2006. Councilman Morgan moved to approve the Special Meeting Minutes of April 11th, 2006 and Regular Meeting Minutes of April 11th, 2006 as read, Councilman Quick seconded. All council members present at the April 11th, 2006 Council Meeting voted in favor of motion. Councilman Kearns was excused from the April 11', 2006 Council Meeting. PUBLIC HEARING - An application by Jeff Hawkes, 17140 Benardo Center Drive, Suite 300, '`` San Diego, California for a change of Land Use District from Dense Residential, (R -4) to Limited Commercial, (C -1) to allow for commercial development with food and retail. Property is located at 4170 Hawthorne Road. The Land Use & Development Commission has recommended approval. Scott Harris said their plan is to have light commercial, restaurants type of development at 4170 Hawthorne Road. Mr. Harris stated the development is contingent upon getting access from Pine Ridge Mall owners. Mr. Harris said he talked to the Pine Mall Managers and they are favorable giving the developer access to the Pine Ridge Mall entrance road. PWD Smart stated there is no access to Hawthorne Road. Mayor England declared the public hearing open, there being no comment Mayor England declared the public hearing closed. Councilman Quick moved to accept the Land Use & Development Commission's recommendation to approve an application by Jeff Hawkes for a change of Land Use District from Dense Commercial, (R -4) to Limited Commercial, (C -1) to allow for commercial development with food and retail, property is located at 4170 Hawthorne Rd, .� Councilman Morgan seconded. All council members voted in favor of motion 93 COUNCIL MEETING MINUTES - (cont.) April 25", 2006 PUBLIC HEARING - RESOLUTION NO. 6 -2006 - Expanding the Urban Renewal Area to include an additional area north of Stuart Ave. to Siphon Road, bounded on the west by Hawthorne Road and on the east by Yellowstone Ave and identified park land. Chubbuck Development Authority Members recommended approval of Resolution #6 -2006. PWD Smart reported on the change of urban renewal boundaries addressed in Resolution #6 -2006. Mayor England declared the public hearing open, there being no comment Mayor England closed the public hearing. Attorney Holmes read Resolution #6 -2006 by title. Councilman Morgan moved to adopt Resolution #6 -2006 as read, Councilman Kearns seconded. All council members voted in favor of motion. COST PROPOSAL FOR THE CIVIL ENGINEERING SERVICE - WATER SYSTEM CONNECTION FEE ANALYSIS - PWD Smart presented the cost proposal from Keller Associates, (attached). Keller's Associates' primary role is related to providing the Professional Services necessary for the analysis. PWD Smart stated the estimated fee associated with the Professional Services described above is $5,200, billed on a time and materials basis not to exceed this amount. PWD Smart recommended approval of the cost proposal for the civil engineering service of water system connection fee analysis. Councilman Morgan moved to authorize Mayor England to enter into agreement with Keller Associates for Water System Connection Fee Analysis in the amount of $5,200, Councilman Stoddard seconded. All council members voted in favor of motion. ACCEPTANCE OF OFFER OF DEDICATION - HOLLYWOOD VIDEO, FRASURE INDUSTRIAL PARK 2ND ADDITION, BRENEMAN SQUARE NO. 1, ELK SUBDIVISION, HERITAGE WEST NO. 8, VICTORIAN VILLAGE 2ND ADDITION AND GREENER PASTURES RE -PLAT OF A PORTION OF LOTS, 1 & 2, BLOCK I - PWD Smart presented the Acceptance of Offer of Dedication to Mayor England and Council. Councilman Quick moved to approve the Acceptance of Offer of Dedications for Hollywood Video, Frasure Industrial Park 2 "d Addition, Breneman Square No. 1, Elk Subdivision, Heritage West No. 8, Victorian Village 2 "d Addition and Greener Pastures Re -Plat of a portion of Lots No 1 & 2, Block 1, Councilman Morgan seconded. All council members voted in favor of motion. 95 COUNCIL MEETING MINUTES - (cont.) April 25`h, 2006 ORDINANCE #612 - Amending Section 13.04.080 to provide for turn- on/off fees that are set from time to time by Council Resolution. Attorney Holmes read Ordinance #612 by title only. Councilman Quick moved to dispense with the rule of reading Ordinance #612 on three separate days and in full, Councilman Stoddard seconded. Roll Call Vote: Quick, yes; Kearns, yes; Stoddard, yes; Morgan, yes. Councilman Morgan moved to adopt Ordinance #612 as presented, Councilman Kearns seconded. Roll Call Vote: Quick, yes; Kearns, yes; Stoddard, yes; Morgan, yes. RESOLUTION #7 -2006 - to allow turn-off and turn-on fees for utility services to be established. Attorney Holmes read Resolution #7 -2006 in full. Councilman Kearns moved to adopt Resolution #7 -2006 as read, Councilman Stoddard seconded. All council members voted in favor of motion. ORDINANCE #613 - Amending Section 8.08.030 to establish the dates fireworks may be sold and to establish when temporary fireworks stands may be set up and when they must be removed. Attorney Holmes read Ordinance #613 by title only for the third and final reading. Councilman Quick moved to dispense with rule of reading Ordinance #613 in full, Councilman Kearns seconded. Roll Call Vote: Quick, yes; Kearns, yes; Stoddard, yes; Morgan, yes. Councilman Kearns moved to adopt Ordinance #613 as read, Councilman Quick seconded. Roll Call Vote: Quick, yes; Kearns, yes; Stoddard, yes; Morgan, yes. PROCLAMATION - POPPY MONTH AND POPPY DAYS - Mayor England read the "Poppy Days Proclamation" in full. Councilman Kearns moved to authorize Mayor England to proclaim, May as Poppy Month, and May 12`h and 13`h, 2006 as Poppy Days in the City of Chubbuck, Councilman Morgan seconded. All council members voted in favor of motion. 97 COUNCIL MEETING MINUTES - (cont.) April 25`", 2006 POLICE DEPARTMENT ELECTRONIC CONTROL DEVICE POLICY - Police Chief Randy Severe presented a recommended Electronic Control Device Policy, (better know as a Taser). Police Officer Adam Anderson was present to answer questions regarding the Taser. Councilman Kearns gave Chief Severe a couple of format changes for consideration. Chief Severe stated he will take the suggestions under consideration. Councilman Quick moved to approve the Electronic Control Device Policy as presented, Councilman Stoddard seconded. All council members voted in favor of motion. BANNOCK COUNTY LOT SIZE DISCUSSION - PWD Smart stated there is a group of Realtors that have made application to reduce the minimum lot size from five acres to something less. In December, 2005 Planner Larry Kohntopp sent a letter to the Bannock County Planning and Development Services as an official response stating; it is the opinion of the City that less than the five acre minimum does not foster orderly and efficient development, particularly as County land is annexed by the City. Smaller lots are much more difficult and expensive to incorporate into the urban infrastructure than the existing minimum requirement of five acres. As the request comes to public hearing, it is the City of Chubbuck request that the application be denied and the minimum lot size be retained at five acres. PWD Smart asked is this the official stance of the City. Councilman Kearns moved to authorize Mayor England to advise Bannock County Planning the City of Chubbuck Official stance is because of sewer and water, etc impact the minimum lot size be retained at five acres, Councilman Morgan seconded. All council members voted in favor of motion. CLAIMS - Computer print -out claims presented to Mayor England and Council. Councilman Kearns moved to approve the computer print -out claims as presented, Councilman Quick seconded. All council members voted in favor of motion. GENERAL DISCUSSION - 1. Darris Ellis, expressed concern about County development requirements falling through the cracks. Mr. Ellis stated the Sunset West Subdivision has not constructed streets, curb, gutter and sidewalks as they are required. Mr. Ellis asked who is responsible to inspect what developers are doing in the County. Mayor England said he will pursue the concerns with the Bannock County. •• COUNCIL MEETING MINUTES - (cont.) April 25`h, 2006 GENERAL DISCUSSION - (cont.) 2. North Bannock County Sewer Task Force Meeting, April 26`h, 2006. Fire Chief Eric King stated there will be a meeting at the Bannock County Sheriff's Office, Thursday, April 27`h, 2006, at 10:00 a.m. This meeting is on the New Radio System the Federal Government has mandated. There will be a mock incident showing how the system works. 4. Mayor England stated there is an "Arbor Day Celebration" at Ellis School, Friday, April 28`h, 2006 at 10:00 a.m. At 9:00 p.m, Councilman Quick moved, Councilman Morgan seconded, with full council approval to adjourn meeting. even M. England, ayor / 4 1 ". - Ron C. Conlin, City Clerk