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HomeMy WebLinkAbout06 28 2005 CM119 COUNCIL MEETING MINUTES June 28th, 2005 Minutes of a regular meeting held at the Chubbuck City Council Chambers, June 28th, 2005. Present: Mayor John O. Cotant, Council members Leroy S. Quick, Steven M. England, Marvin C. Gunter, Kent Keams, Attorney Thomas J. Holmes, Public Works Director Steven M. Smart and City Clerk Ron C. Conlin. Student Council member Josh Madsen was present. Meeting was called to order at 7:30 p.m. by Mayor Cotant. PLEDGE ALLEGIANCE TO THE FLAG was led by Josh Madsen. INVOCATION was given by Bishop Kmetz, Mountain Park Ward, The Church of Jesus Christ of Latter-Day Saints. APPROVAL OF MINUTES - Mayor Cotant asked for corrections and additions to the Regular Meeting Minutes of June 14th, 2005. Councilman Keams moved to approve the Regular Meeting Minutes of June 14th, 2005 as read, Councilman Quick seconded. All council members present voted in favor of motion. PUBLIC HEARING - An application by Dennis & LesLee Stoddard and Ron & Rosanne Homer, 780 E. Chubbuck Road for a change in the Comprehensive Plan to eliminate the Mixed Use, (MU) corridor and go back to Low Density Residential, (LDR) designation from Hiline Road to Chubbuck's most easterly boundary. The Land Use & Development Commission recommended denial. Councilman Keams recused himself from the Council vote. Councilman England stated rather than changing everything east of Hiline Road we take the west boundary of Bistline Park and go east of Buffalo Road on the north side of E. Chubbuck Road, so that the property that could potentially face Hiline Road would stay as is in the Comprehensive Plan. Councilman Gunter stated he does not have a problem with the request to change E. Chubbuck Road back to residential only, but there might be a time when some of the residents along E. Chubbuck Road may want to sell their home for a Commercial endeavor and be sorry it was changed back to Low Density Residential, (LDR). All council members spoke in favor of changing the land east of the east boundary of Bistline Park and, east of Buffalo Road to Low Density Residential, (LDR). 121 COUNCIL MEETiNG MINUTES - (cont.) June 28th, 2005 PUBLIC HEARING - EAST CHUBBUCK ROAD COMPREHENSIVE PLAN CHANGE REQUEST - (cont.) Mayor Cotant declared the public hearing open and asked for comments. Kathy McMurtry, 700 Brundage spoke against the proposed Comprehensive Plan change. Mrs. McMurtry thought this change would hurt residents trying to sell their homes on E. Chubbuck Road. Mrs. McMurtry felt E. Chubbuck Road is conducive to Mixed Use, (MU). Mayor Cotant declared the public hearing closed. Councilman England moved to approve the application for a change in the Comprehensive Plan to eliminate the Mixed Use, (MU) corridor and go back to Low Density Residential, (LDR) designation on E. Chubbuck Road from east of the easterly boundary of Bistline Park and east of Buffalo Road to the East Chubbuck Road City Limits, Councilman Quick seconded. Roll Call Vote: Quick, yes; England, yes; Gunter, yes; Keams, abstained. Motion passes, 3-0. PUBLIC HEARING - An application by the City of Chubbuck to change the Comprehensive Plan to include the proposed Homestead Estate Subdivision. The Land Use & Development Commission recommended denial. Mayor Cotant declared the public hearing open. Larry Bull, 5787 W. Portneuf, Pocatello, Idaho presented two proposed plans, one showing a 20 acre proposal with approx 59 house, and a second showing a 40 acre proposal with approx. 100 houses. Mitch Greer, Rocky Mountain Engineering presented the two proposals. Attorney Holmes stated the Council is considering only extending the Urban Service Boundary as part of the Comprehensive Plan tonight. Discussion about costs of constructing a 25' street from the Homestead Subdivision to Siphon Road. Larry Bull stated the only way they can make a profit is with one of these two plans. Mr. Bull explained, it does not make a difference to him whether Council approves the 20 acre plan or 40 acre plan. 123 COUNCIL MEETING MINUTES - (cont.) June 28th, 2005 PUBLIC HEARING - HOMESTEAD SUBDIVISION COMPREHENSIVE PLAN CHANGE - (cont.) Discussion about the proposed buffer zones. Mr. Bull stated he feels he has accommodated the residents on Homestead Road the best he can and asked the Council to make a decision tonight on the 20 acres or 40 acres proposals. Walter Roundtree, 558 Dell Road spoke in favor of the 40 acre proposal presented by Larry Bull. Mr. Roundtree encouraged a compromise rather a lawsuit. Jim Driever stated there have been three hearings that denied this proposal, why are we going through the process again. Mr. Driever asked where the discussions on the cul-de- saks are, these will alleviate the concerns about traffic on Dell and Homestead Roads. Norris Brown, 640 Dell Road stated he is opposed to the change in the Comprehensive Plan for the Homestead Subdivision. Mr. Brown stated there is infill in the City that needs to be taken care of. Mr. Brown expressed concern about what adding this subdivision will do to the sewer concerns. Kathy McMurtry, 700 Brundage spoke in favor of the Homestead Subdivision Comprehensive Plan change. Don Cotant, 637 Dell Road stated none of us are opposed to progress in the City, his issues are 1) Sewer concern. 2) This proposal is not in the Urban Service Boundary area, 3) Council made decision in January without letting the neighborhood know. Ranae Richmond, 690 Homestead spoke against the change in the Comprehensive Plan. Laura Reynolds, 558 Dell Road spoke against the change in the Comprehensive Plan, but if it has to happen she favors the 40 acres proposal. Mrs. Reynolds suggested a park or walking path that goes down to the field canal. Tom Ward, 649 Dell Road spoke against the change in the Comprehensive Plan, but if it has to happen he favors the 40 acres proposal with an access to Siphon Road. Mr. Ward suggested speed humps to slow the traffic. Mayor Cotant suggested that if the 40 acre proposal is looked at seriously, the sewer capacity issue would have to be looked at very close. 125 COUNCIL MEETING MINUTES - (cont.) June 28th, 2005 PUBLIC HEARING - HOMESTEAD SUBDIVISION COMPREHENSIVE PLAN CHANGE - (cont.) Glen Cranor, 617 Dell spoke against the Homestead Subdivision Comprehensive Plan change. Mayor Cotant declared the public hearing closed. Councilman Kearns stated he felt the City has some legal exposure because of the decision the Council made in January, 2005. Councilman Keams stated he felt the 20 acre proposal could come in and be the least damaging. Councilman Kearns stated the Council needs to look at the Urban Service Boundary to adjust for the additional 20 acres if Homestead Subdivision is approved. The Urban Service Boundary needs to be looked at anyway because of Pheasant Ridge Apartments. Councilman Kearns stated there needs to be a good buffer between the Homestead Road residents and the Homestead Subdivision. Councilman Gunter stated there can be a profit on larger lots. Councilman Quick stated he would be in favor of the 20 acres, 59 homes plan. This would have the least impact on the sewer system. Councilman England stated there was no malice on this Council with the idea we were going to adversely affect the Homestead residents property with the decision in January 2005. Councilman England stated we need to protect the Urban Service Boundary by not allowing over the 20 acres that was approved in January, 2005. Mayor Cotant stated the only item that can be considered here tonight is, do we want to change the Comprehensive Plan to extend the Urban Service Boundary the 20 acres. The plan with 40 acres cannot be considered tonight. Mayor Cotant stated there will be a complete study completed by a neutral engineering firm to find out where we are with our Urban Service Boundary. Councilman Keams moved to approve the application to change the Comprehensive Plan to include the Homestead Subdivision's 20 acres, contingent upon the developer being able to successfully submit a final plat, Councilman Quick seconded. All council members voted in favor of motion. 127 COUNCIL MEETING MINUTES - (cont.) June 28th, 2005 PUBLIC HEARING - An application by the City of Chubbuck to change the Comprehensive Plan to eliminate High Density, (HD) along Quinn and Hawthorne Roads and change to Commercial, (C-1) designation. The Land Use & Development Commission recommended approval to Mixed Use, (MU). Mayor Cotant declared the public hearing open. Attorney Holmes stated the concern is the existing plan is High Density, (HD). The proposal is to change to Commercial, (C-1). The Land Use & Development Commission's thinking was the Mixed Use, (MU) gives the flexibility that is more compatible with the neighborhood on Quinn Road. Gary Carlsen, 4880 Buffalo Road stated he is in favor of the Comprehensive Plan being changed to Mixed Use, (MU). Heather Sieber, 974 Quinn Road stated her entire family does not feel comfortable with the change of the Comprehensive Plan allowing Commercial, (C-1) or Mixed Use, (MU) on Quinn Road. Robert Rudolf, 950 Quinn Road spoke against Commercial, (C-1) and Mixed Use, (MU). Mr. Rudolf expressed concern about traffic on Quinn Road. Frank Allen, 4031 Ronald Road spoke against the change of Comprehensive Plan to allow Commercial, (C-I) or Mixed Use, (MU). Mr. Allen stated the Council should go with what the residents want on Quinn Road. Traffic is too much now. Darris Ellis, Hawthorne Road spoke in favor of the Comprehensive Plan being changed to Mixed Use, (MU) on Quinn road. Mayor Cotant declared the public heating closed. Councilman Keams moved to accept the Land Use & Development Commission's recommendation to change the Comprehensive Plan to allow Mixed Use, (MU) along Quinn and Hawthorne Roads, Councilman Gunter seconded. All council members voted in favor of motion. ORDINANCE - Adding Section 18.14.020 (D)(4) to provide any area within the right 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 ordinance by title only for the second reading by title only. 129 COUNCIL MEETING MINUTES - (cont.) June 28th, 2005 ORDINANCE - (cont.) Council tabled the ordinance until the July 12th, 2005 Council Meeting. ORDINANCE - Amending Section 10.08.050 to set the speed limits on Chubbuck Road from Hiline Road to Hawthorne Road at 35MPH; to set the speed limits on Hawthorne Road from Chubbuck Road to Quinn Road at 35 MPH. Attorney Holmes read the ordinance for the second reading by title only. Mark Bunce expressed concern about the speed limit being 35 MPH and it being enforced. Mr. Bunce was told the speed limit is still 30 MPH east of Hiline Road. There is a round-a-bout going in on E. Chubbuck Road, this should help speeding in the area. Terry Commons, Mystique Theater spoke in favor of the 35 MPH speed limit on East Chubbuck Road to Hiline Road. Council tabled the ordinance until the July 12th, 2005 Council Meeting. PARK MEADOW SUBDIVISION REVIEW - JeffButikofer, Home Run Street stated he is happy with the progress on unsafe and unresolved problems in Park Meadows SUbdivision: 1. Walking paths were completed. 2. Swamps were drained. 3. Surrounding areas were repaired and beautified. 4. Sunken roads were fixed. 5. Construction vehicles have slowed down. 6. Playground equipment was installed, pea gravel was brought in and dumped for the playground equipment. Mr. Butikofer thanked the Council for the response. Mr. Butikofer stated the 910 Margaret sidewalk has not be completed as of yet. Mr. Butikofer asked if pressure could be put to have the sidewalk completed. FIREWORKS PERMIT APPLICATION - Don & Brenda Pollard, 115 Taft, Pocatello, Idaho, True Blue-Dido-Mite Fireworks has applied for a fire works stand permit to sell fire works at 4257 Yellowstone Ave. 131 COUNCIL MEETING MINUTES - (cont.) June 28th, 2005 FIREWORKS PERMIT APPLICATION - (cont.) Councilman England moved to grant Don & Brenda Pollard, True Blue-Dido-Mite Fireworks a fire works permit to operate a fire works stand at 4257 Hawthorne Road, Wal-Green's Parking Lot, subject to; 1) Fire Marshal Merlin Miller inspecting the stand before selling of product. 2) Applicants comply with all City and State Codes, 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 computer print-out claims as presented, Councilman Gunter seconded. All council members voted in favor of motion. GENERAL DISCUSSION - 1. Mayor Cotant stated the 4th of July Flag Raising will be Monday at 9:00 a.m at City Building. 2. Pocatello Hockey League and City of Chubbuck Signing Ceremony will be July 7th, 2005 at Noon in the City of Chubbuck Public Works Conference Room. 3. Darris Ellis expressed concern about the landscaping on right-of-ways. Mr. Ellis stated at Park Meadows Subdivision there is three feet behind the sidewalk and in front of the fence that is weeds. Mayor Cotant suggested the area be black topped. Mayor Cotant stated he will see what can be done. At: 9:40 p.m, Councilman Quick moved, Councilman England seconded, with full council approval to adjourn meeting. /John O. coSant, Mayor Ron C. Conlin, City Clerk