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Home My WebLink About05 11 2004 CMCOUNCIL MEETING MINUTES May 11th, 2004 Minutes of a regular meeting held at the Chubbuck City Council Chambers, May 11th, 2004. Present: Mayor John O. Cotant, Council members Leroy S. Quick, Steven M. England, Marvin C. Gunter, Kent Kearns, 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 Cotant. PLEDGE ALLEGIANCE TO THE FLAG was lead by Robert Combs. APPROVAL OF MINUTES - Mayor Cotant asked for corrections and additions to Special Meeting Minutes of April 27th, 2004 and Regular Meeting Minutes of April 27th, 2004. Councilman Kearns moved to approve the Special Meeting Minutes of April 27th, 2004 and Regular Meeting Minutes of April 27, 2004 as read, subject to typo corrections, Councilman Quick seconded. All council members voted in favor of motion. PUBLIC HEARING - An ordinance clarifying the interests of a Limited Commercial, (C -1) zoning classification; amending the Schedule of Controls for Land Use Districts in Limited Commercial, (C -1) Districts; amending Section 18.12.020 (C) to lessen the required buffer to a residential lot where the non - residential use is a permitted use in a Limited Commercial Zone. Mayor Cotant declared the public hearing open. There being no comment, Mayor Cotant declared the public hearing closed. Councilman Kearns suggested the Ordinance address things like lighting, hours of operation, noise maximum number of employees, etc. Councilman Kearns suggested some kind of check list be developed for commercial uses going into a residential area. Councilman Gunter suggested the Ordinance not allow wood fencing to be used as the solid fence requirement. Attorney Holmes read Ordinance by title only for the first reading. Council tabled the Ordinance until the May 25`h, 2004 Council Meeting. BUSINESS LICENSE APPLICATION - Robert A. McCann, Bears, Bears and more Bears, 1394 Sedero, Pocatello, Idaho has applied for a business license to sell retail items at 4415 E. Burnside Ave. M COUNCIL MEETING MINUTES - (cont.) May 11 `h, 2004 BUSINESS LICENSE APPLICATION - ROBERT A. MCCANN - (cont.) Councilman England moved to grant a business license to Robert McCann, Bears, Bears and Bears to sell retail items at 4415 E. Burnside Ave, subject to approval of Police Department, Councilman Gunter seconded. All council members voted in favor of motion. SUNSET WEST SUBDIVISION - PWD Smart stated Sunset West, LLC Development Company is proposing to subdivide a 80 -acre parcel of land located in Bannock County, Idaho about 1 /4th of a mile of Chubbuck, Idaho. The project is called the Sunset West Subdivision is located in the E 1/2, S1/4, Section 5, T.6S., BM. The number of new lots is currently scheduled to be 224 single - family residential and one church. PWD Smart stated the developers are asking the Council to consider providing sewer and water to the development. Bannock County is requesting the City of Chubbuck's input. Mitch Greer, RMEC stated the Sunset West Subdivision will be built to City of Chubbuck Standards. Discussion about charging out of City sewer and water rates at one and one half times the City of Chubbuck water and sewer rates. Attorney Holmes recommended a certification be affixed to the final plat that would covenant all owners bind themselves that they will not object to annexation when the City gets to the point of annexation. Councilman England moved to recommend approval of the Sunset West Planned Unit Development Plan to Bannock County with the following conditions; 1) School on north portion of development, 2) Look at using gray water into the lots along with the city water. 3) House numbering conforming with City of Chubbuck addresses. 4) The subdivision will be built to City Standards. 5) City requests collector and arterial streets designated. 6) Church site should be away from the intersection, it should be accessed from an internal street. 7) High back curbs are required, Councilman Gunter seconded. All council members voted in favor of motion. Councilman Gunter made motion the City provide water and sewer service at a minimum of one and one half times the regular City rate to the Sunset West Planned Unit Development at West Chubbuck and Philbin Roads and also require a certification be affixed to the recorded plat stating " owners in the Sunset West Planned Unit Development will not object to annexation at such time the City becomes contiguous with the development's boundaries ", Councilman Quick seconded. All council members voted in favor of motion. COUNCIL MEETING MINUTES - (cont.) May 11 `h, 2004 PARKLAWN INTERSECTION SUBDIVISION FINAL PLAT - PWD Smart presented the Parklawn Intersection Final Plat. Councilman Kearns moved to approve the Parklawn Final Plat as presented, Councilman Quick seconded. All council members voted in favor of motion. APPEAL OF LAND USE AND DEVELOPMENT COMMISSION'S DECISION TO DENIAL MERLE ATKINSON'S APPLICATION FOR A CONDITIONAL USE PERMIT FOR A BASEMENT APARTMENT AT 4434 DEER STREET - City Council received a petition with over 55 signatures against the application by Merle Atkinson for a condition use permit for a basement apartment at 4434 Deer Street. Attorney Bruce Larson represented Merle Atkinson, stating the original building permit showed the home to have two residents. Attorney Larson felt Mr. Atkinson met all requirements and requested the City Council over turn the Land Use and Development ,r Commission's decision to deny Mr. Atkinson's conditional use permit. Mayor Cotant read the petition. Gary Bishop, 4435 Deer Street spoke against the conditional use permit for a basement apartment at 4434 Deer Street. Discussion about the Geographical Area in the subdivision. Derrick Northup, 4473 Fox Court spoke against the conditional use permit for a basement apartment at 4434 Deer Street. Councilman England moved to uphold the Land Use and Development Commission's decision to deny Merle Atkinson's application for a condition use permit for a basement apartment at 4434 Deer Street, Councilman Quick seconded. All council members voted in favor of motion. RE -PLAT OF PARRISH TRACTS, LOT 13 AND PART OF LOT 12 - PWD Smart explained why the re -plat of the Parrish Tracts, Lot 13 and part of Lot 12. Staff recommended approval of the Re -Plat. Attorney Holmes said the re -plat notes the 25' access for adjoining property, it should be noted as an easement. COUNCIL MEETING MINUTES - (cont.) 91 May 11�h, 2004 RE -PLAT OF PARRISH TRACTS, LOTS 13 AND PART OF LOT 12 - (cont.) Councilman Gunter moved to approve the Re -Plat of Parrish Tracts, Lot 13 and part of Lot 12 subject to the change of removing the word future, and adding easement instead of access, Councilman Kearns seconded. All council members voted in favor of motion. BID - HAWTHORNE ROAD RECONSTRUCTION, W. CHUBBUCK ROAD TO JAMES AVE - PWD Smart presented the following bids received: Edstrom Construction $543,742.80 Mickelsen Construction $547,750.32 Jack Parsons Company $564,622.85 BECO Construction Company $615,034.50 HK Contractors, Inc. $729,960.50 Richard Marley, 5150 Stuart asked if there is a way to replace trees removed in the project. Mayor Cotant said the City will look at a way replace some of the trees. Mayor Cotant suggested going after a grant to replace the trees. Councilman England moved to authorized Mayor Cotant to enter into agreement with Edstrom Construction, Inc for the low bid of $543,742.80 for the reconstruction of Hawthorne Road, W. Chubbuck Rd. to James Ave, Councilman Kearns seconded. All council members voted in favor of motion. RESOLUTION 2 -2004 - Changing the designation of Alpine Street as approved in Kasiska 4' Addition Subdivision to Alpine Ave. Mayor Cotant read Resolution #2 -2004 in full. Councilman Quick moved to adopt Resolution #2 -2004 as read, Councilman England seconded. All council members voted in favor of motion. 2002 -2003 FISCAL YEAR AUDIT - City Auditor Scott Jones presented the 2002 -2003 Fiscal Year Audit to Mayor Cotant and Council. Councilman Kearns moved to accept the 2002 -2003 Fiscal Year Audit as presented, Councilman Quick seconded. All council members voted in favor of motion. CLAIMS - Computer print -out claims presented to Mayor Cotant and Council. Councilman Quick moved to approve the computer print -out; claims as presented, Councilman Gunter seconded. All council members voted in favor of motion. 93 COUNCIL MEETING MINUTES - (cont). May 11 `h, 2004 GENERAL DISCUSSION - 1. City Hall Open House, May 12th and 13`, 2004 at 1:00 p.m. to 7:00 p.m. 2. Mayor Cotant made the following appointments: Councilman Leroy S. Quick Councilman Mary Gunter Councilman Steven M. England Councilman Kent Kearns State Drug and Alcohol Program Valley Pride Committee North Bannock Planning Committee Help Police and Fire Departments with Budget. At 9:15 p.m, Councilman England moved, Councilman Quick seconded, with full council approval to adjourn meeting. /moot Ron C. Conlin, City Clerk