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HomeMy WebLinkAbout05 24 2005 CM91 COUNCIL MEETING MINUTES May 24th, 2005 Minutes of a regular meeting held at the Chubbuck City Council Chambers, May24th, 2005. 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. Student Council member Josh Madsen was present. Meeting was called to order at 7:31 p.m. by Mayor Cotant. PLEDGE ALLEGIANCE TO THE FLAG was led by Josh Madsen. INVOCATION was given by John Oborn, Chubbuck 1 st Ward, Chubbuck Stake, 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 May l0th, 2005. Councilman Kearns moved to approve the Regular Meeting Minutes of May l0th, 2005 as read, subject to correction of typos and a double sentence on page 85, Councilman Quick seconded. All council members voted in favor of motion. PUBLIC HEARING - An application by M. Daniel Bull, 3408 West Portneuf, Inkom, Idaho for annexation and a zone change to Residential, (R-l). Property is currently zoned Agricultural, (A). Property is located west of Homestead Road and north of Canal Street. The Land Use and Development Commission recommended denial. Councilman Kearns stated he felt the issue comes down to the City of Chubbuck's Urban Service Boundaries and the ability of the City to service it. Councilman Keams stated there was a lot of time and money establishing the Urban Service Boundary. Councilman Kearns said he has a hard time allowing residents outside the Urban Service Boundary line developing at the expense of residents in the City that might have undeveloped land. Councilman England stated he felt the Council should revisit the Urban Service Boundary Study and decide whether or not we have the sewer capacity outside city boundaries. Councilman England suggested PWD Smart present the sewer study that set the Urban Service Boundary Line. Councilman Quick stated the Urban Service Boundary Study is based on a lot of assumptions. Councilman Quick stated he is in favor of having PWD Smart give a report on the Sewer Study. Residents can see the sewer concerns throughout the City. 93 COUNCIL MEETING MINUTES - (cont.) May 24th, 2005 ANNEXATION AND ZONING CHANGE FOR HOMESTEAD ESTATES SUBDIVISION- (com.) Councilman Gunter stated he has a concern of not allowing a developer to develop outside the Urban Service Boundary Area just because there has been a line drawn. The City Council received 4 petitions opposed to the annexation and zone change with approx. 100 signatures on them. PWD Smart stated at their regular meeting on May 3rd, 2005, the Land Use & Development Commission recommended the City Council not approve the annexation and Homestead Estate Subdivision Preliminary Plat. This is a development off the west end of Homestead Road and the north end of Cole Road. The developers, Wayne Taysom and Daniel Bull presented support information in an attempt to influence the City Council in their favor. PWD Smart presented a report on the Urban Service Boundary Sewer Study. This Study was completed in 2003. Mayor Cotant stated the concern the Council has comes down to sewer capacity. Councilman England stated the City of Pocatel!o, City of Chubbuck and Bannock County are looking at the possibility of running an additional sewer line, possibility out as far as Tyhee Road. Councilman England stated how long this will take, depends on a lot of things. Councilman England stated it isn't as though the City has divorced itself from the idea that the area will never develop, but there really needs to be a different sewer collection system for the areas outside of the Urban Service Boundary area. Mayor Cotant declared the public hearing open. Mitch Greer, RME 155 South Second Ave stated, what is being requested is annexation of 20 acres of property with a zoning change to Residential, (R-1) which is the most restricted zoning allowed in the City. Mr. Greer stated the City hired JUB Engineering to do the sewer study that determines the Urban Service Boundary, Mr. Taysom did pay some for the Study. Mr. Greer stated the City Council voted January 25th, 2005 to provide utilities to Mr Taysom's 20 acre piece of property. Mr. Greer stated Mr. Taysom's acreage proposal has not changed from what was approved by the City Council on January 25th, 2005. Mr. Greer expressed concern about how the Urban Service Boundary line got where it is. Mr. Greer presented the annexation and zone change as requested. 95 COUNCIL MEETING MINUTES - (cont.) May 24th, 2005 ANNEXATION AND ZONING CHANGE FOR HOMESTEAD ESTATES SUBDIVISION - (cont.) Reed W. Larsen, Attorney for Wayne Taysom and Daniel Bull stated he has the following concerns; 1) If Wayne Taysom allowed the City to loop in off Dell Road with water Mr. Taysom would be able to hook on to the system, and 2) Mr. Taysom came before the City Council in January, 2005 after participating jointly with the City in the JUB Study. Mr. Larsen stated he does not think it is fair to say this is the developer's study, because it is the City's study that the developer was willing to participate in. Attorney Reed stated the Council approved adding the 20 acres of property Mr. Taysom wants to annex and develop into the Urban Service Boundary. Attorney Larsen stated the problem is, the Urban Service Boundary line is an arbitrary line. Attorney Larsen stated he felt Wayne Taysom and Daniel Bull's application should be approved tonight. Josh Madsen, Student Council member stated both sides should be able to compromise. Jill King, 520 Homestead read one of the petitions that was presented to the Council. Ron Peterson, 570 Homestead spoke against approval of Daniel Bull's application for annexation and zoning change for Homestead Estates Subdivision. Mayor Cotant declared the public hearing closed. Councilman Quick stated there have been prior discussions, but the discussions were based on the sewer capacity study, that is why Mr. Taysom participated in a portion of the cost. Councilman Gunter expressed concern the City is forcing ourselves into a City of apartments by not allowing development outside the Urban Service Boundary. Councilman Gunter stated the City is fast approaching when the City is going to have to upgrade the sewer system. Councilman Keams expressed concern about overloading the sewer system, if the City starts experiencing sewer backups the City can face large liability. Councilman Keams moved to accept the recommendations of the Land Use Development Commission to deny the application by M. Daniel Bull for annexation and zone change to Residential, (R-1) on property located west of Homestead Road and north of Canal Street, Councilman England seconded. Roll Call Vote: Quick, yes; England, yes; Gunter, no; Keams, yes. Motion passes 3-1. 97 COUNCIL MEETiNG MINUTES - (cont.) May 24th, 2005 PUBLIC HEARING - An application by M. Daniel Bull, 3408 West PortneufRoad, Inkom, Idaho for a preliminary plat for Homestead Estates Subdivision. Property is located at the west end of Homestead Road. The Land Use and Development Commission recommended denial. Mayor Cotant declared the public hearing open, there being no comment, Mayor Cotant declared the public hearing closed. The annexation and zone change were denied. NOTICE OF PROPOSED INTERGOVERNMENTAL TRANSFER - The City of Chubbuck proposes to sell to the City of Inkom equipment for $6,000. Described as follows: 1995 Chevrolet 3/4 Ton Extended Cab Truck Councilman Quick moved to direct Mayor Cotant to sell a 1995 Chevrolet 3/4 ton extended Cab Truck VIN 1GCGK29N7SE273025 to City oflnkom for $6,000, Councilman Keams seconded. All council members voted in favor of motion. COMPLAINTS ABOUT PARK MEADOWS SUBDIVISION - JeffButikofer, 962 Homerun presented the following complaints about the Park Meadows Subdivision. Developer problems: Standing water in parks and swales (rotten grass, odor, drowning hazards, West Nile concerns. Undeveloped and un-kept parks Undeveloped lots with construction debris, traffic, garbage etc. Walking paths unsafe/unfinished. City problems: The new ordinance to keep contractors from scattering construction debris has not been enforced. Speed limit has not been enforced (soccer ball experiment), suggested speed bumps. Street cleaning (runoff going into yards and becoming the homeowners problems), charge developers with costs. Playground unfinished. Standing water, rotten gras, odor grass, odor, drowning hazards, West Nile concerns Sinking streets 99 COUNCIL MEETING MINUTES - (cont.) May 24th, 2005 COMPLAINTS ABOUT PARK MEADOWS SUBDWISION - (cont.) Mr. Butikofer asked if the City can enforce completion of items in old phases of the development. The residents propose the City Council place a restriction on future phases being developed until previous phases, with their unfinished problems have been addressed and resolved. Chris Owens, 918 Margaret stated he is here to publicly voice his concerns regarding a number of unresolved issues that exist in his neighborhood in Park Meadows Subdivision. Mr. Owens stated the residents in the subdivision have spoken to Darris Ellis, the Park Meadows developer regarding the concerns. Mr. Owens stated the issues in question revolve around unfinished spaces in the subdivision. Their concerns regarding the spaces include those of safety, aesthetics, and property value. Mr. Owens expressed the following concerns: Park not completed as promised. Swamp instead of the park. Construction debris Tool storage set up next to Mr. Owen's home. There were several residents from Park Meadows Subdivision in attendance. Council reviewed pictures the residents presented the Council. Mayor Cotant stated he will talk to Park Superintendent Larry Miller about the park situation. Mayor Cotant stated the City will follow up on the concerns. PWD Smart gave a report on the drainage system in Park Meadows Subdivision. Councilman Gunter suggested the complaints about Park Meadow Subdivision be put on the June 24th, 2005 Council Meeting for review. BUSINESS LICENSE APPLICATION - Leon R. Williams, Royal West Amusements, Missoula, Montana has applied for a business license to operate a carnival at the Pine Ridge Mall Parking Lot, 4155 Yellowstone Ave from June 15th, 2005 through June 18th, 2005. Police Department recommended approval of the business license application. 101 COUNCIL MEETING MINUTES - (cont.) May 24th, 2005 BUSiNESS LICENSE APPLICATION- LEON WILLIAMS - (cont.) Councilman Quick moved to grant Leon R. Williams, Royal West Amusements a business license to operate a carnival at the Pine Ridge Parking Lot, subject to inspection by the Chubbuck Fire Department when set up, Councilman England seconded. All council members voted in favor of motion. BUSiNESS LICENSE APPLICATION - Joel Phillips, Snowed Inn LLC, 139 S. 11th Ave, Pocatello, Idaho has applied for a business license to operate a sno-cone shack at the Green Triangle Parking Lot, 4010 Yellowstone Ave. Police Department recommended approval of the license. ( Councilman England movedq,~grant Joel Phillips, Snow-Inn Shack, a business license to operate a sno-shack at the Green~ngle Parking Lot at 4010 Yellowstone Ave, Councilman Quick seconded. All cou"~ cil members voted in favor of motion. RESOLUTION 3-2005 - Section 15.04.010 ol)the Chubbuck Municipal Code allows future editions of the International Fire Cod to be adopted by resolution of the City Council. Attorney Holmes read Resolution #3 2005 in full. Councilman Gunter moved to adopt Resolution #3-2005 as read, Councilman Quick seconded. All council members voted in favor of motion. FIREWORKS PERMIT APPLICATIONS - The following applicants have applied to sell fireworks from fireworks stands at the following locations: 1. American Promotional Events, Bozeman, Montana to locate at Smith's Food King #61, 4845 Yellowstone Ave. 2. American Promotional Events, Bozeman, Montana to locate at Wal-Mart, 4240 Yellowstone Ave. The applicants went through Police Department checks. Councilman England moved to grant a fireworks permit to American Promotional Events to sell fireworks at Smith's Food King, 4865 Yellowstone Ave and Wal-Mart Parking Lot, 4240 Yellowstone Ave, subject to; 1) FM Merlin Miller inspecting the stands before selling product. 2) Applicants comply with all City Codes, Councilman Gunter seconded. All council members voted in favor of motion. 103 COUNCIL MEETING MINUTES - (cont.) May 24th, 2005 GOMEZ CHILD CARE REPORT - Attorney Holmes stated the Police Department is working with Tonya Gomez, Gomez Child Care on putting together an agreement to be executed by the City of Chubbuck and Tonya Gomez to allow her to continue operating her child care facility. BID - BURLEY DRIVE STREET CONSTRUCTION - CHUBBUCK ROAD TO 1-86 - PWD Smart presented the two bids received: Mickelson Construction JB Parsons Construction $ 773,167.05 $ 837,589.7O Council reviewed the bids. Councilman England moved to direct Mayor Cotant to enter into agreement with Michelson Construction for the low bid of $773,167.05, Councilman Keams seconded. All council members voted in favor of motion. CLAIM - 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. At 9:45 p.m, Councilman Gunter moved, Councilman England seconded, with full council approval to adjourn meeting. Ron C. Conlin, City Clerk t/John O. Cotant, Mayor