HomeMy WebLinkAbout07 12 2005 CM137
COUNCIL MEETING MINUTES
July 12th, 2005
Minutes of a regular meeting held at the Chubbuck City Council Chambers, July 12th, 2005.
Present: Mayor John O. Cotant, Council members Steven M. England, Marvin C. Gunter, Kent
Kearns, Attorney Thomas J. Holmes, Public Works Director Steven M. Smart and City
Clerk Ron C. Conlin. Council member Leroy S. Quick was excused.
Meeting was called to order at 7:32 p.m. by Mayor Cotant.
PLEDGE ALLEGIANCE TO THE FLAG was led by Fire Chief Eric King.
INVOCATION was given by Council member Steven B. England.
APPROVAL OF MINUTES - Mayor Cotant asked for corrections and additions to the Special
Meeting Minutes of June 28th, 2005 and Regular Meeting Minutes of June 28th, 2005.
Councilman Kearns moved to approve the Special Meeting Minutes of June 28th, 2005
and Regular Meeting Minutes of June 28th, 2005 with corrections of typos, Councilman
Gunter seconded. All council members present voted in favor of motion.
GATE CITY CHRISTIAN CHURCH CAMPUS DEVELOPMENT SITE PLAN - Mayor Cotant
stated Ken Snyder, CSHQA Architect was at Staff Meeting this morning and presented a
different concept for their Campus Development at 202 W. Siphon Road. Mayor Cotant
stated the building concept is different, the Council should review. Gate City Christian
Church Pastor John Robinson was present.
Council reviewed the site plan presented.
Mr. Snyder said these are pop up structures commonly called membrane structures,
commonly referred to as popup or tents.
Mr. Snyder stated he feels the structures meet all City Codes, the structures are very
energy efficient structures. The structures are very cost efficient.
Mayor Cotant said the proposal includes a youth education area and a basketball court.
Mayor Cotant stated he likes these things for the kids.
Mr. Snyder stated one of the buildings will include a sanctuary with 364 seats.
Pastor Robinson stated the existing building is not attached, the building will be
converted to a worship center.
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COUNCIL MEETING MINUTES - (cont.)
July 12th, 2005
GATE CITY CHRISTIAN CHURCH CAMPUS DEVELOPMENT SITE PLAN - (cont.)
Pastor Robinson stated their plan is to make the property look nice.
Mayor Cotant stated the reason the site plan is coming before the Council tonight is
Mayor Cotant felt the project is very worth while, the amount of time it will take to go
before the Land Use and Development Commission is a concern to the Gate City
Christian Church.
Pastor Robinson stated he is preparing an informational packet to hand out to the
residents in the subdivision, so they know what the proposal is. Pastor Robinson said he
talked to many of the residents in the subdivision and had not heard any thing negative.
Pastor Robinson stated this in not a school.
Councilman England moved to approve the site plan as presented, with the Design
Review Committee recommendations, Councilman Keams seconded. All council
members present voted in favor of motion.
PUBLIC HEARING - An application by Charter Builders, 2084 S. Eagle Road, Meridian, Idaho
for a preliminary plat for Afton Meadow Business Park. Property is located at 147 west
Chubbuck Road.
There was no one present representing Charter Builders, Mayor Cotant declared the
public hearing closed.
PUBLIC HEARING - An application by Doug Briscoe, 890 Redman, Chubbuck, Idaho for a
preliminary plat for Briscoe Addition. Property is located east of Whitaker Road, west of
Hiline Road, north of Vern and south of Cambridge Estates.
Mike Jablonski, Keller Associates presented the Briscoe Addition Subdivision
Preliminary Plat.
Discussion about traffic in the proposed Briscoe Addition Subdivision.
PWD Smart expressed concern about there being three different streets named Martha
Street, PWD smart suggested the three streets have different names. Mr. Jablonski stated
this is not a problem, they will change the name of two of the streets.
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COUNCIL MEETING MINUTES - (cont.)
July 12th, 2005
PUBLIC HEARING - BRISCOE ADDITION SUBDWISION - (cont.)
Attorney Holmes stated the Briscoe Addition Preliminary Plat request on the agenda
tonight is the first Phase only. The property to the north of Martha Street, off Hiline Road
is a master plan.
Attorney Holmes suggested since we have the prior agreement, it would be better to have
it recorded on this plat.
PWD Smart stated the other aspect is to get curb and gutter along the frontage of the lot
so the curb and gutter is continuous. Mr. Briscoe stated that since they do not own the lot
wouldn't the owner be required to install the curb and gutter. Attorney Holmes stated they
would have to have the owner's signature on an agreement. Mr. Briscoe asked if this
would hold up the subdivision seeing they do not own the property. Attorney Holmes said
it would hold up the final plat for signing, also the recording if they cannot get a
signature. Franklin Briscoe said he talked to the children of the property owner, they said
they want no part of it. They are going to protect their Mother on any problems that might
be created. Attorney Holmes suggested the City meet with the property owner and explain
the proposal. Attorney Holmes said this will not hold up the preliminary plat approval.
Mayor Cotant declared the public hearing open.
Councilman Keams asked if there will be any zero lot lines in the proposed subdivision.
Mr. Jablonski stated there are no plans for zero-lot lines, it is all single family homes.
Attorney Holmes suggested the future additions be brought in as R- 1 zoning. Mr. Jabloski
said they will.
Councilman Kearns stated he would like to see a deceleration lane on Hiline Road to the
subdivision.
Ken Funk, 441 Chesapeake expressed concern about Phase 1 being zoned R-2. Mr. Funk
is concerned Mr. Briscoe might sell the lots, a builder comes in and build duplexes, etc.
Darris Ellis asked the Council to check on what has been committed and agreed to, then
make a decision. Mr. Ellis expressed concern about how the park in Cambridge Estates
and Briscoe Addition Subdivision will match up.
There is no park included in Phase I of the Briscoe Addition Subdivision. The park will
be in conjunction with Cambridge Estate Subdivision in another Phase.
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COUNCIL MEETING MINUTES - (cont.)
July 12th, 2005
PUBLIC HEARING - BRISCOE ADDITION SUBDIVISION - (cont.)
Mr. Jablonski stated the Briscoes are willing to change the zoning R-2 to R-1 zoning
sometime in between now and the final plat phase.
Mayor Cotant declared the public hearing closed.
Councilman Keams moved to approve the Briscoe Addition Preliminary Plat, Phase I
subject to; 1) the City be allowed to approach the Briscoe house property owner and try to
negociate between the land developer and property owner so there will be an access to the
current Briscoe house property owner from within Phase I. 2) that the Hiline Road access
be eliminated. 3) Margaret Street is a 60' right-of-way street .4) the developer work with
City Staff to develop a minor aerial street as far as alignment, Councilman England
seconded. All council members present voted in favor of motion.
ORDINANCE - Amending Chapter 16.12 to update the provision for streets and street
construction and to change the right-of-way widths; to amend references to "City
Engineer" to "City"; to change the length of cu-de-sac streets by setting a design standard
and factors to consider rather than a set length. Within Chapter 17.12 to update the
provisions for plats; to provide a time limit for the validity of final plats if not recorded
within two years of Council approval.
Mayor Cotant declared the public hearing open.
Darris Ellis, 13560 North Hawthorne Road suggested there be other developers give input
to the City before the ordinance is passed. Mr. Ellis expressed concern about existing
developments, or development in progress being required to comply with the new
ordinance.
Discussion about cul-de-sacs and street widths.
Attorney Holmes stated if the Council wants, we can add a sentence to the ordinance
about existing and in the process developments. This ordinance is for future
developments.
Attorney Holmes said he will amend the draft ordinance to include a sentence regarding
existing and in process developments.
Mayor Cotant declared the public hearing closed.
Council tabled the ordinance until the July 26th, 2005 Council Meeting.
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COUNCIL MEETING MINUTES - (cont.)
July 12th, 2005
PUBLIC HEARING - An application by Charter Builders, 2084 S. Eagle Road, Meridian, Idaho
for a preliminary plat for Afton Meadows Business Park. Property is located at 147 West
Chubbuck Road. The was no one present from Charter Builders.
Council reviewed the Afton Meadows Business Park Preliminary Plan presented.
Mayor Cotant declared the public heating open.
PWD Smart stated the preliminary plat is all commercial, this plat addresses the concerns
the Council had when the last
Rosanne Homer, 755 Monika Court stated she is glad the developer changed the plat to
commercial, but she had a concern about so many buildings being built and sitting vacate.
Mrs. Homer felt the buildings should be rented or sold before they are constructed.
Darla Griggs, 4645 Ponderosa stated a lady was present to express concerns about the
proposed development, but left when we passed over the item on the agenda.
Attorney Holmes stated the lady was Linda Hillman, Tan Your Hide, 221 W. Chubbuck
Road, her concerns are fencing and buffeting, Attorney Holmes stated the Council can
address her concerns in the final plat procedure.
Rob Ray, 803 E. Mountain Park Road asked about required parking. The parking
requirements have been complied with.
Ken Funk, 441 Chesapeake stated, at the Land Use & Development Commission meeting
he did not think the presenter knew what they were going to do with the property. Mr.
Funk felt the City should watch the development close.
Mayor Cotant declared the public hearing closed.
Councilman Keams moved to approve the Afton Meadows Business Park Preliminary
Plat as presented, subject to; 1) the City receiving the full 40' tight-of-way dedication
along Chubbuck Road. 2) The developer be asked to design a deceleration lane on West
Chubbuck Road to the Afton Meadows Business Park. 3) Submitted all final construction
drawings along with a 10' ramp to Design Review Committee. Councilman England
seconded. All council members voted in favor of motion.
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COUNCIL MEETING MINUTES - (cont.)
July 12th, 2005
APPEAL OF LAND USE AND DEVELOPMENT COMMISSION DECISION - An application
by Taibrie Weaver/Alsia Payne, 1732 Dorset, Pocatello, Idaho for a conditional use
permit to operate a childcare center in an (R-l), Single Family Residential. Property is
located at 680 East Chubbuck Road.
Council reviewed a packet Taibrie Weaver/Alisia Payne presented.
Taibrie Weaver and Alsia Payne addressed the traffic concerns.
Discussion about parking requirements.
Councilman Gunter said this would be a good time to require the sidewalk, curb and
gutter be installed in front of their property on East Chubbuck Road. Taibrie Weaver
stated if approved, the sidewalk, curb and gutter will be installed.
Councilman Keams expressed concern about line of sight of traffic on East Chubbuck
Road. Also concerned about school traffic in the Fall, Winter and Spring.
Councilman Gunter moved to uphold the Land Use and Development Commission's
decision to deny the application by Taibrie Weaver and Alisa Payne for a conditional use
permit to operate a childcare center at 680 E. Chubbuck Road, Councilman Kearns
seconded. All council members voted in favor of motion.
MASSAGE THERAPY BUSINESS LICENSE APPLICATION - Devan Walton, 1771 South 2na,
Pocatello, Idaho 83201 has applied for a massage therapy license to operate at 4544
Yellowstone Ave.
Councilman Kearns moved to grant a massage therapy business license to Devan Walton,
Just One Touch to operate massage therapy business at 4544 Yellowstone Ave,
Councilman England seconded. All council members voted in favor of motion.
RESOLUTION #5-2005 - Update the Comprehensive Plan.
Discussion about where the easterly boundary is.
After discussion, Attorney Holmes stated he will amend the resolution to read," to the
westerly right-of-way line of Interstate".
Councilman England move to table the resolution until the July 26th, 2005 Council
Meeting, Councilman Gunter seconded. All council members present voted in favor of
motion.
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COUNCIL MEETING MINUTES - (cont.)
July 12th, 2005
ORDINANCE - Adding Section 18.14.020 (D)(4) to provide any area within the fight of way
shall be landscaped if not covered by pavement, curb, gutter or sidewalk; adding Section
18.14.050 to require that any trees removed during development be replaced.
Attorney Holmes read the ordinance in full for the third and final reading.
Discussion about areas that have space in between sidewalk and fences. The developer is
responsible until the development is finished, then the City is responsible.
Dams Ellis, 13560 Hawthorne Road spoke against the ordinance because it is another
burden on the developer.
Mayor Cotant suggested the City go out and blacktop the Park Meadows Subdivision area
between the fence and the sidewalk. When the street is ready to be widened the City will
have the right-of-way. Mayor Cotant stated there are other areas also.
Rob Ray, 803 E. Mountain Park Road suggested we require a Homeowners Association
to clean up there own areas.
Councilman England moved to table the ordinance until the July 26th, 2005 Council
Meeting, Councilman Kearns seconded. All council members voted in favor of motion.
ORDINANCE #597 - Amending Section 10.08.050 to set the speed limits on Chubbuck Road,
from Hiline Road to Hawthorne Road at 35 MPH; to set the speed limits on Hawthorne
Road from Chubbuck Road to Quinn Road at 35 MPH.
Attorney Holmes read Ordinance #597 in full for the 3rd and final reading.
Councilman England moved to adopt Ordinance #597 as read, Councilman Gunter
seconded. All council members present voted in favor of motion.
DISCUSSION ABOUT EVANS LANE GOING THROUGH TO BURLEY DRIVE - Gene
Aiken, 4524, 4526 and 4528 Burley Drive expressed concern that Evans Lane will not go
through to Burley Drive before Idaho Central Credit Union closes Burnside Ave. This
would cause problems for Hal Overdorf and Gene Aiken getting their customers in and
out.
PWD Smart explained to Hal Overdorf that Evans Lane will not go through to Burley
Drive this year. PWD Smart stated the City will coordinate with the Idaho Central Credit
Union on the closure of Burnside Ave. PWD Smart said Burnside Ave will not be closed
prior to Evans Lane going through to Burley Drive.
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COUNCIL MEETING MINUTES - (cont.)
July 12th, 2005
CLAIMS - Computer print-out claims presented to Mayor Cotant and Council.
Councilman Gunter moved to approve computer print-out claims as presented,
Councilman Kearns seconded. All council members voted in favor of motion.
GENERAL DISCUS SION
1. Darla Grigg stated she talked to Tim Hancock, Chubbuck Animal Control about her 90
year old mother having to put up with her neighbor's dog barking, smelling, etc. Mrs.
Griggs would not give the address or name of the person because of concern they
wanted it cleared up without her mother's neighbor knowing who is complaining. Mrs.
Grigg stated she talked to Tim Hancock and he said nothing can be done because the
individual is within the law. Chubbuck Police Chief Randy Severe said he will talk to
AC Officer Hancock and the problem will be taken care of.
At 9:55 p.m, Councilman England moved, Councilman Gunter seconded, with full council
approval to adjourn meeting.
Ron C. Conlin, City Clerk
/John O. Cotant, Mayor