HomeMy WebLinkAbout05 23 2006 CM113
COUNCIL MEETING MINUTES
May 23 ", 2006
Minutes of a regular meeting held at the Chubbuck City Conference Room, May 23rd, 2006.
Present: Mayor Steven M. England, Council members Leroy S. Quick, Kent Kearns, Dennis
Stoddard, Richard Morgan, Attorney Thomas J. Holmes, Public Works Director Steven
M. Smart and City Clerk Ron C. Conlin.
Meeting was called to order at 7:30 p.m. by Mayor Steven M. England.
PLEDGE ALLEGIANCE TO THE FLAG was led by Councilman Richard Morgan.
APPROVAL OF MINUTES - Mayor England asked for corrections and additions to the Special
Meeting Minutes of May 9`h, 2006 and Regular Meeting Minutes of May 9`h, 2006.
Councilman Kearns moved to approve the Special Meeting Minutes of May 9`h, 2006 and
Regular Meeting Minutes of May 0, 2006 as read, Councilman Quick seconded. All
council members voted in favor of motion.
PUBLIC HEARING - An application by Terra Firma, LLC - Scott Briscoe, 558 W. 75 S,
Blackfoot, Idaho for a Planned Unit Development,(PUD) Preliminary Plan. The property
is located at approximately 5200 Mesquite. The property is zoned, (R -2) Limited
Residential. The Land Use & Development Commission recommend approval.
Bryce Jolley, Harper- Leavitt Engineering presented the Spring Park Planned Unit
Development. Mr. Jolley stated Spring Park has 13 lots of four - plexes with garages on
each unit. There will be a privacy fence along the south and west line, where residential
homes are. There will be trees in back yard of each lot as required by the City Code.
There will be two lots for park dedication. Mr. Jolley said there will be a home owners
association that will take care of landscaping maintenance, etc.
PWD Smart stated Staff has not had experience with home owners associations like this,
so there is concern that there are thirteen owners spread across the country and not sure
how this home owners association will work. PWD Smart suggested there be an owner's
agreement to make sure maintenance on common area concerns are met. PWD Smart
stated there are some of these issues that Staff is concerned with. Discussion about storm
water retention areas.
Discussion about home owners association being strong enough to meet City's
maintenance requirements on storm water retention, playground equipment, park
common area maintenance.
COUNCIL MEETING MINUTES - (cont.) 115
May 23rd, 2006
PUBLIC HEARING -TERRA FIRMA, LLC PUD PRELIMINARY PLAN - (cont.)
Mayor England declared the public hearing open, there being no comment from public,
Mayor England declared the public hearing closed.
Councilman Kearns moved to accept the Land Use & Development Commission's
recommendation to approve an application by Terra Firma, LLC requesting a change in
zoning from Residential, (R -2) to Planned Unit Development, (PUD) zoning for property
located at 5200 Mesquite, subject to meeting the City's open space ordinance and all the
requirements of the Planned Unit Development Ordinance, Councilman Stoddard
seconded. All council members voted in favor of motion.
PUBLIC HEARING - An application by Terra Firma, LLC - 558 West 75`h South, Blackfoot,
Idaho for a preliminary plat for Spring Park Planned Unit Development Subdivision. The
property is located at approximately 5200 Mesquite. Land Use & Development
Commission recommends approval.
Bryce Jolley, Harper- Leavitt presented the preliminary plat, stating the proposed Spring
Park Preliminary Plat will be 15 lots. Mr. Jolley was in favor of a homeowner's
association.
Mayor England declared the public hearing open.
Scott Briscoe, 558 W. 75 S, Blackfoot, Idaho stated even though there can be 13 owners,
Mr. Briscoe plans on keeping several of them himself. Mr. Briscoe said he will be in
charge of the homeowner's association. Mr. Briscoe said he cannot promise he will own
them forever, but feels the renters will want them to be attractive. Mr. Briscoe spoke in
favor of the Spring Park PUD Preliminary Plat.
Jeremy Briscoe 130 Appaloosa Ave, Pocatello, Idaho 83201 thanked Terra Firma. Mr.
Briscoe spoke in favor of the Spring Park PUD Preliminary Plat as presented.
There being no further comment, Mayor England declared the public hearing closed.
Councilman Kearns moved to accept the Land Use & Development Commission's
recommendations and requirements to approve Spring Park PUD Preliminary Plat,
subject to; 1) The applicant is required to submit final development plans that include a
proposed recreational facilities, 2) Details of the home owner's association by -laws and
restrictive covenants, 3) All common area is required to be sprinkled and planted with
grass, 4) No fences in any open space, 5) Construction drawings be submitted that
supports testimony of tonight as to the configuration, size and general aesthetics of
photographs submitted in evidence as to looks of units, Councilman Quick seconded. All
council members voted in favor of motion.
117
COUNCIL MEETING MINUTES - (cont.)
May 23", 2006
PUBLIC HEARING - An application by Darris Ellis, 13560 N. Hawthorne Road for an
annexation and zone change to Planned Unit Development, (PUD), mixture of (R -1) and
(R -2); for Park Meadows 8' Addition Subdivision. The property is located east of Philbin
Road, south of Chubbuck Road and south of 7' Addition Park Meadows. Land Use &
Development Commission recommended approval of the Planned Unit Development.
Shawn Lund, Rocky Mountain Engineering, 155 South Second, Pocatello presented the
annexation and zone change request.
PWD Smart recommended the annexation and zone change request be approved.
Mayor England declared the public hearing open, there being no comment, Mayor
England declared the public hearing closed.
Councilman Kearns moved to accept the Land Use & Development Commission's
recommendation to approve annexation and zone change to Planned Unit Development,
(PUD), mixture of Residential, (R -1), and Residential, (R -2) for Park Meadow 8t'
Addition Subdivision located east of Philbin Road, south of Chubbuck Road and south of
Park Meadow 7' Addition, Councilman Stoddard seconded. All council members voted
in favor of motion.
PUBLIC HEARING - An application by Darris Ellis, 13560 N. Hawthorne Road, Chubbuck,
Idaho for a preliminary plat for Park Meadows 8t' Addition. Property is located east of
Philbin Road, south of Chubbuck Road. Land Use & Development Commission
recommended approval.
Shawn Lund, RME presented the Park Meadows 8t' Addition Preliminary Plat.
Mayor England declared the public hearing open, there being no comment Mayor
England declared the public hearing closed.
Councilman Stoddard moved to accept the Land Use & Development Commission's
recommendation and approved the Park Meadows 8" Addition as presented, Councilman
Kearns seconded. All council members voted in favor of motion.
PUBLIC HEARING - An application Robert Giesbrecht, 2815 w. 2200 S, Aberdeen, Idaho for a
change of Land Use District from Agricultural, (A) to Industrial, (I). Property is located
west of Fairgrounds Road, east of I -15, south of Bayview Subdivision.
Gene Hancock, 12367 N. Hawthorne, Pocatello, Idaho presented the change of Land Use
District request from Agricultural, (A) to Industrial, (I). Located at 4615 Fairgrounds
Road.
COUNCIL MEETING MINUTES - (cont.) 119
May 23rd, 2006
PUBLIC HEARING - 4615 FAIRGROUNDS ROAD ZONE CHANGE - (cont.)
PWD Smart stated there is no water and sewer access to the property.
Mayor England declared the public hearing open, there being no comment Mayor
England declared the public hearing closed.
Councilman Kearns moved to accept the Land Use & Development Commission's
recommendation to approve a change of Land Use District from Agricultural, (A) to
Industrial, (I), property is located at 4615 Fairgrounds Road, Councilman Quick
seconded. All council members voted in favor of motion.
ORDINANCE - Providing for a change of Land Use District with respect to certain lands
withing the boundaries of the City of Chubbuck from Agricultural, (A) to Industrial, (I) -
Robert Giesbrecht Property.
Attorney Holmes read ordinance by title only for the first reading.
Council tabled the ordinance until the next Council Meeting.
ORDINANCE #614 - Providing for a change of Land Use District with respect to certain lands
within the boundaries of the City of Chubbuck - Park Meadows.
Attorney Holmes read Ordinance #614 by title only for the first and final reading.
Councilman Quick moved to dispense the rule of reading Ordinance #614 on three
separate days, Councilman Stoddard seconded. Roll Call Vote: Quick, yes; Kearns, yes;
Stoddard, yes; Morgan, yes.
Councilman Kearns moved to adopt Ordinance #614 as read, Councilman Morgan
seconded. Roll Call Vote: Quick, yes; Kearns, yes; Stoddard, yes; Morgan, yes.
FRASURE INDUSTRIAL PARK 3RD ADDITION - Councilman Kearns stated he will abstain
from voting because Charlie Frasure is his Uncle.
Jeff Hull, Double H Surveying presented the Frasure Industrial Park 3`d Addition Final
Plat.
PWD Smart recommended approval of the final plat.
Councilman Stoddard moved to approve the Frasure Industrial Park 3rd Addition Final
Plat as presented, Councilman Quick seconded. Roll Call Vote: Quick, yes; Kearns,
abstained; Stoddard, yes; Morgan, yes. Motion passes.
121
COUNCIL MEETING MINUTES - (cont.)
May 23`d, 2006
ORDINANCE #615 - Annexing certain lands included within the boundaries and jurisdictional
limits of the City of Chubbuck - Hawthorne Road Right of Way.
Attorney Holmes read Ordinance #615 by title only for the first and final reading.
Councilman Quick moved to dispense with the rule of reading Ordinance #615 on three
separate days, Councilman Stoddard seconded. Roll Call Vote: Quick, yes; Kearns, yes;
Stoddard, yes; Morgan, yes.
Councilman Kearns moved to adopt Ordinance #615 as read, Councilman Quick
seconded. Roll Call Vote: Quick, yes; Kearns, yes; Stoddard, yes; Morgan, yes.
ORDINANCE - Adding Chapter 5.36: sexually oriented business.
Attorney Holmes read ordinance by title only for the second reading.
Council tabled the ordinance until next Council Meeting.
PROPOSED SERVICE CHARGES AND FEES FOR FIRE DEPARTMENT - Fire Chief Eric
King stated due to the rising costs with consumable and equipment upkeep the Chubbuck
Fire Department proposes to implement service charges on all fire incidents and or
emergency services incidents and fees for inspections. FC Eric King presented a
proposed service and fee schedule for the Fire Department.
FC King explained why the proposed service charges and fees.
Council tabled the proposed service charge and fee schedule until the June 27"', 2006
Council Meeting.
REQUEST BY BRYNWOOD PARK SUBDIVISION FOR WATER AND SEWER SERVICE -
WEST OF SUNSET WEST DIVISION 1 - PWD Smart stated he received a letter from Brady
Smith, representing Brynwood Park Subdivision requesting City water and sewer
services. Mr. Smith said they would like to extend the water line west to Lamar Street,
north along Lamar Street and then west along Lea Ave. They would also like to be able
to connect to City sewer at the intersection of Chubbuck Road and Lamar Street and run
it parallel with the water as previously described. Mr. Smith stated the client understands
that the extension of the utilities shown on the plan and described above will need to be
.�. installed at his sole expense.
123
COUNCIL MEETING MINUTES - (cont.)
May 23rd, 2006
BRYNWOOD PARK SUBDIVISION REQUEST FOR SEWER AND WATER - (cont.)
PWD Smart recommended the development agreement be crafted the same as Sunset
West Division 1, that the Brynwood Park Subdivision will not object to annexation when
the City is able to annex the property. The development agreement would be such that
Brynwood Subdivision will follow all ordinances that would relate to our development
and be consistent with City Code, some of which could be capital connection fees that
will be implemented in the future. PWD Smart recommended approval.
Attorney Holmes said when the City gets contiguous with Sunset West, we will annex
this property whether it is complete, or not.
Councilman Kearns moved to approve the request from Brynwood Park Subdivision for
the City to serve water and sewer services, subject to; 1) Water and sewer rates to be
calculated at one and one -half the City rate, until annexation; 2) On the final plat there be
a certification stating all owners bind themselves and will not object to annexation by the
City at such time the City has a contiguous boundary; 3) All infrastructure be built to
City Standards; 4) All lots are required to pay the appropriate water and sewer connection
fees when adopted, 5) The owner work out a development agreement for development of
a contiguous boundary when Sunset West Subdivision is annexed into the City, so the
Brynwood Park Subdivision can be annexed into the City, Councilman Stoddard
seconded. All council members voted in favor of motion.
OUTSIDE OF CITY UTILITY RATE CHARGES - PWD Smart asked, does the Council want to
charge all residents outside of City Limits one and one -half time the City Residents
Utility Rates. This will include residents on W. Chubbuck Road out of City Limits that
are being charged regular rate at this time. PWD Smart said there are a number of homes
out of City Limits on West Chubbuck Road.
Mayor England stated he felt the City should charge the regular City Resident rate,
staying consistent.
Councilman Kearns stated he does not have a problem charging the people that have a
development agreement with the City one and one -half the City Utility rate.
Councilman Morgan moved to table the decision to charge all outside City Limits
residents one and one -half times the City resident rate until the June 27th, 2006 Council
Meeting, Councilman Stoddard seconded. All council members voted in favor of motion.
125
COUNCIL MEETING MINUTES - (cont.)
May 23`d, 2006
PROPOSED PARK SHELTER RESERVATION FEES - Parks Superintendent Larry Miller
suggested an increase in Park Shelter Reservation Fees.
Council tabled the proposed fee increases until the June 27 ', 2006 Council Meeting.
GENERAL DISCUSSION -
1. Bob Sherr, 670 Redman expressed concern about safety of children around the Fort
Hall Irrigation Canal, just south of Cotant Park. Mr. Sherr said there have been many
close accidents. Mr. Sherr asked if the canal can be fenced. Mayor England said he
will take the concerns under advisement.
2. Council Meeting of June 13`h, 2006 is canceled because of Association of Idaho Cites
Conference in Lewiston, Idaho.
3. Gerald McNabb, 12973 N. Philbin suggested the City look into grant monies to cover
that length of canal.
CLAIMS - Computer print -out claims have been presented to Mayor England and Council.
Councilman Stoddard moved to approve the computer print -out claims as presented,
Councilman Kearns seconded. All council members voted in favor of motion.
At 9:30 p.m, Councilman Morgan moved, Councilman Stoddard seconded, with full council
approval to adjourn meeting.
teven M. England, Mayor
Ron C. Conlin, City Clerk