HomeMy WebLinkAbout08 23 2005 CM177
COUNCIL MEETING MINUTES
August 23rd, 2005
Minutes of a regular meeting held at the Chubbuck City council Chambers, August 23rd, 2005.
Present: Mayor Jolm 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.
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 Councilman Steven M. England.
APPROVAL OF MINUTES - Mayor Cotant asked for corrections and additions to the Special
Meeting Minutes of August 9th, 2005, Regular Meeting Minutes of August 9th, 2005 and
Special Meeting Minutes of August 16th, 2005.
Councilman Kearns moved to approve the Special Meeting Minutes of August 9th, 2005,
Regular Meeting Minutes of August 9th, 2005 with correction of a duplicate sentence on
Page 167 and Special Meeting Minutes of August 16th, 2005 as read, Councilman Quick
seconded. All council members voted in favor of motion.
PUBLIC HEARING - An application by M. Daniel Bull, 3408 W. Portneuf Road, Inkom, Idaho
for annexation and a zone change to Residential, (R-l). The property is located west of
Homestead Road and north of Canal Street. The Land Use & Development Commission
recommended approval.
Mayor Cotant declared the public hearing open.
Larry Bull, 5787 W. Portneuf Road representing the Dan Bull Partnership said he would
like the Council to annex the property with an (R-l) zoning. Mr. Bull stated the Council
has already agreed to take the property into its Urban Service Boundary.
Mayor Cotant asked for comments for, or against the proposal, there being no comment,
Mayor Cotant declared the public hearing closed, and asked for comment from the
Council.
Attorney Holmes stated he understood the developer is going to propose an alternative
proposal. Attorney Holmes said the proposal before us tonight is 59 lots on 20 acres.
Attorney Holmes stated there has been talk of 50 lots on 20 acres, but to make it work
financially, another 20 acres, 50 lots to the north would be requested to be allowed to be
annexed into the City.
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COUNCIL MEETING MINUTES - (cont.)
August 23rd, 2005
PUBLIC HEAR1NG - HOMESTEAD ESTATES SUBDIVISION - (cont.)
Attorney Holmes said the developer is prepared to enter into an annexation agreement
with the City that would bind both of us to a development plan, the developer would do
50 lots on this 20 acres, then the developer would do the crossing on Canal Street towards
the end of developing the first 20 acres, then the City would extend the Urban Service
Boundary and annex the remaining 20 acres to the north for 50 more lots.
Mr. Bull presented the 100 lot, 40 acres proposed preliminary plat. Mr. Bull said the only
way the proposal will work for the developer for 50 lots per 20 acres is to be guaranteed
he can do the full 40 acre, 100 lot proposal. Mr. Bull stated when the Council approves
the second 20 acres the developer will construct the bridge to Cole Street, the bridge will
be constructed by March 1st, 2006.
Mayor Cotant reopened the public hearing.
Paul Cramer, 575 Homestead stated in prior meetings he understood the City would
require a second entrance to the Homestead Estates Subdivision and that the bridge would
have to be installed immediately. Mr. Cramer asked that the second entrance be installed
at once. Mayor Cotant stated if the Cole Street bridge is not installed, the City will not
issue building permits until it is.
Attorney Reed Larson explained the development agreement between the developer and
City.
Richard Marley, 5150 Stuart expressed concern about the irrigation water. Attorney
Holmes stated this is covered in the annexation agreement, the developer would agree to
do this, then turn it over to a homeowners association.
Theron Driever, 695 Homestead expressed concern about the size of the lots. Mr. Dreiver
spoke against the proposal.
Discussion about the size of lots.
Mayor Cotant suggested the lot next to Theron Driever be adjusted so the lot does not
come to a pie shape, it should be more of a buffer to the Theron Driever Lot.
Glen Cranor, 617 Dell stated the issue has been the sewer capacity, but here we are
looking at increasing the subdivision to 40 acres, 100 lots. Mr. Cranor spoke against the
proposal.
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COUNCIL MEETING MINUTES - (cont.)
August 23rd, 2005
PUBLIC HEARING - HOMESTEAD ESTATES SUBDWISION - (cont.)
Discussion about the Sewer Study.
Rob Ray, 803 E. Mountain Park expressed concern about his sewer. Mr. Ray spoke
against the proposal. Mr. Ray was told this proposal is not jeopardizing his sewer at this
time.
Darris Ellis, 13560 N. Hawthorne Road stated the Council needs to protect all the City.
Rodney Burch, 333 Briscoe Road stated he felt the developer has did a good job trying to
satisfy the neighbors. Mr. Burch expressed concern about allowing the additional 20 acres
without the Dell Road residents present to speak.
Walter Roundtree, 558 Dell Road stated he felt the City Council has worked hard trying
to resolve this issue. Mr. Roundtree stated, even though this is a flawed settlement, it is a
negotiated settlement. Mr. Roundtree suggested the City never sacrifice infill.
Councilman Kearns stated he felt we should not extend our City Boundaries unless
services can be supplied.
Councilman Gunter stated the vacant properties in the City has not, and does not pay
towards the Sewer Bond that was passed 33 years ago, the properties on the sewer are the
only ones that pay the Sewer Bond.
Mayor Cotant declared the public hearing closed.
Mayor Cotant asked the audience which they would prefer, 59 homes on 20 acres, or 100
homes on 40 acres.
Ron Peterson, 570 Homestead stated, given the situation he would be in favor of the 100
homes on 40 acres as compared to the 59 homes on 20 acres.
Rob Ray, 803 E. Mountain Park expressed concern about the approval of 100 homes on
40 acres without going through the Land Use & Development Commission.
Larry Bull recommended the Council approve the 20 acres with 50 lots, the developer
will not do the Cole Street bridge, then advertize for the next 20 acres, if residents do not
want the additional 20 acres the City has to construct the bridge.
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COUNCIL MEETING MINUTES - (cont.)
August 23rd, 2005
PUBLIC HEARING - HOMESTEAD ESTATES SUBDIVISION - (cont.)
Councilman Quick moved to approve an application by M. Daniel Bull for annexation
and a zone change to Residential, (R-l) for 50 homes on 20 acres on property located
west of Homestead Road and north of Canal Street, subject to 1) the City and Developer
entering into an annexation agreement. 2) the Agreement provides for 50 homes on 20
acres to the north, the contingent being the developer will construct the Cole Street bridge
if the other 50 homes on 20 acres are included in the Urban Service Boundary and
approved after going through the required annexation and zoning hearing procedures,
Councilman Gunter seconded. Roll Call Vote: Quick, yes; England, no; Gunter, yes
Kearns, yes. Motion passes 3-1.
PUBLIC HEARING -An application by M. Daniel Bull, 3408 W. Portneuf Road for a
preliminary plat for Homestead Estates Subdivision. Property is located at west end of
Homestead Road and north of Canal Street. The Land Use & Development Commission
recommended denial.
Mayor Cotant declared the public hearing open, there being no comment, Mayor Cotant
declared the public hearing closed.
Councilman Kearns moved to approve the Homestead Estates Subdivision Preliminary
Plat with the following conditions; 1) the City and Developer enter into an annexation
agreement. 2) the Agreement provides for 50 homes on 20 acres to the north, the
contingent being the developer will construct the Cole Street bridge if the other 50 homes
on 20 acres are included in the Urban Service Boundary and approved after going through
the required annexation and zoning hearing procedures. 3) The lot west of Theron
Driever, 695 Homestead is required to be a minimum of 3/4 acre lot and that the lot is
squared up, Councilman Quick seconded. All council members voted in favor of motion.
Mitchell Greer, Rocky Mountain Engineering stated the lot next to Theron Driever, 695
Homestead will be adjusted as requested.
PUBLIC HEARING - An application by Elk Ridge Construction, 451 E. Elaine Circle, Inkom,
Idaho for a change of Land Use District from Limited Family Residential, (R-2) to
Planned Unit Development, (PUD). The property is located behind 5401 Whitaker Road.
The Land Use & Development Commission recommended denial.
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COUNCIL MEETING MINUTES - (cont.)
August 23~d, 2005
PUBLIC HEARING - ELK RIDGE PLANNED UNIT DEVELOPMENT - Robert Heuseveldt,
Rocky Mountain Engineering did a power point presentation explaining the application.
Mr. Heuseveldt stated the developer has addressed some concerns the Land Use &
Development Commission had.
Staff recommended Aaron Lane be dedicated as a 50' public right-of-way, as this could
potentially be the access point to Whitaker Road for several developable acres in the area.
There was a petition received, with 115 names that are opposed to the application. The
following residents sent letters in opposition: Kurt & Wendy Velman, 5157 Whitaker
Road and Tim and Jan Smith, 5401 Whitaker Road. There were six other letters in
opposition.
Mr. Heuseveldt stated he felt the developer has tried hard to make the development go.
Mayor Cotant declared the public hearing open.
Rob Ray, 803 E. Mountain Park Road spoke against the proposal.
Rich Marley, 5150 Stuart stated there should be an agreement stating the developer will
not come back asking the City to accept the subdivision in the future.
Verlyn Ashton, 5369 Whitaker Road spoke against the proposal. Mr. Ashton expressed
concern about the street being 14' from his home. Mr. Ashton is also concerned about his
property value going down.
Ken Funk, 441 Chesapeake stated he is opposed to the PUD proposal. Mr. Funk is
concerned about parking and setbacks.
Vern Briscoe, 5112 Whitaker Road stated there is a drain line that drains his hayfield that
runs along the south side of Victorian Village, the drain line does need to be maintained.
Cary Baird, Elk Ridge Construction said the road proposed is a 32' road, 7' more than
Rachel's Rainbow Subdivision. Mr. Baird stated he has no intention of coming to the
Council and asking the City to accept the proposed subdivision in the future. Mr. Baird
presented the size of homes proposed, 1400 to 1500 square foot homes.
Discussion about poplar trees planted.
Mr. Heuseveldt explained on how the mail will be delivered.
187
COUNCIL MEETING MINUTES - (cont.)
August 23~d, 2005
PUBLIC HEARING - ELK RIDGE PLANNED UNIT DEVELOPMENT PROPOSAL - (cont.)
There being no other comment, Mayor Cotant declared the public hearing closed.
Councilman Keams explained the concept of a PUD. Councilman Kearns stated the Land
Use & Development Commission is currently reviewing the PUD Ordinance. Councilman
Kearns said the current PUD Code comes up with too narrow roads, too many lots and no
amenities.
Councilman Quick expressed concern about the private road situation and density.
Franklin Briscoe, 605 Marie expressed concern about drainage.
Councilman Kearns moved to accept the Land Use & Development Commission's
recommendation to deny the application by Elk Ridge Construction for a change of Land
Use District from Limited Residential, (R-2) on property located behind 5401 Whitaker,
Councilman Gunter seconded. All council members voted in favor of motion.
PUBLIC HEARING - An application by Elk Ridge Construction, 451 E. Elaine Circle, lnkom,
Idaho for a preliminary plat for Anna Rose Estates. Property is located behind 5401
Whitaker Road. Land use and Development Commission recommended denial.
Mayor Cotant declared the public hearing open, there being no comment Mayor Cotant
declared the public heating closed.
Councilman Keams moved to accept the Land Use & Development Commission's
recommendation to deny the application by Elk Ridge Construction for Anna Rose
Estates Preliminary Plat, Councilman Gunter seconded. All council members voted in
favor of motion.
PUBLIC HEARING - 2005-2006 FISCAL YEAR BUDGET - City Clerk Conlin presented the
2005-2006 Fiscal Year Budget, stating the budget was published as required by Idaho
Code.
General Fund
Street Fund
Parks Dedication Fund
Chubbuck Development Authority
Sewer Fund
Water Fund
$ 3,820,177.
$ 729,975.
$ 52,000.
$1,180,000.
$1,549,000.
$1,771,202.
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COUNCIL MEETING MINUTES - (cont.)
August 23rd, 2005
PUBLIC HEARING - 2005-2006 FISCAL YEAR BUDGET - (cont.)
Sanitation Fund $ 982,500.
Special Revenue Funds $ 61,200.
Employee Benefit Funds $ 600,000.
Total $10,751,349.
Mayor Cotant declared the public hearing open.
Discussion about employee salaries.
This budget includes a salary for a full time Mayor of $45,000. annually, and also an
increase of Council salaries from $5,520. to $6,300. annually. If approved these salaries
will be in effective January 1st, 2006.
Rob Ray, 803 E. Mountain Park Road stated he is against a $30,000 increase in the
Mayor's salary. Mr. Ray stated, if there is an increase in this budget it should go to the
Fire Department. Mr. Ray stated, with the growth in the City we need a more full time
fire fighters than we need a full time Mayor at this time.
Mayor Cotant declared the public hearing closed.
Councilman Kearns moved to approve the 2005-2006 Fiscal Year Budget as presented,
Councilman Quick seconded. All council members voted in favor of motion.
ORDINANCE #600 - Appropriating the several sums of money deemed necessary and sufficient
to defray all expenses and liabilities of the City of Chubbuck for the fiscal year beginning
on the 1 st. day of October, 2005 and ending on the 30th day of September, 2006,
designating the different funds to which shall be drawn and paid, and known as the
"Annual Appropriations Ordinance of Fiscal Year 2005-2006" pursuant to the provisions
of Section 50-1003, Idaho Code.
City Clerk Ron Conlin read Ordinance #600 in full for the first and final reading.
Councilman Kearns moved to dispense with the rule of reading Ordinance #600 on three
separate days, Councilman England seconded. Roll Call Vote: Quick, yes; England, yes;
Gunter, yes; Kearns, yes.
Councilman Kearns moved to adopt Ordinance #600 as read, Councilman Quick
seconded. Roll Call Vote: Quick, yes; England, yes; Gunter, yes; Keams, yes.
191
COUNCIL MEETiNG MINUTES - (cont.)
August 23~d, 2005
RESOLUTION #7-2005 - to pay the estimated expenses of said City, that there be levied against
all the taxable property of he said City the following amounts for the Fiscal Year 2005-
2006, and that the same be certified to the County Auditor of Bannock County.
CCT Conlin read Resolution #7-2005 in full.
Councilman Gunter moved to adopt Resolution #%2005 as read, Councilman England
seconded. All council members voted in favor of motion.
DAY CARE FACILITY LICENSE APPLICATION - Marianne Strickland, Little Rascal's Day
Care, 736 Alpine, Chubbuck, Idaho has applied for a day care facility license to operate a
day care facility at her residence at 736 Alpine.
Police and Fire Department's signed off on the day care facility application.
Councilman England moved to grant Marianne Strickland a child care facility license to
operate Little Rascal's Day Care at her residence at 736 Alpine, Councilman Kearns
seconded. All council members voted in favor of motion.
BRISCOE ESTATES PHASE I FiNAL PLAT - Rodney Burch, Dioptra Geomatics presented the
Briscoe Estates Phase I Final Plat. Mr. Burch stated at the time the preliminary plat was
approved there were four conditions; 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 from within Phase I, 2)
the Hiline Road access be eliminated; 3) That Martha Street be increased to a width of a
60' right-of-way, Mr. Burch stated they have done that. 4) Martha Street be re-aligned to
be a continuous street flowing from Hiline Road to Whitaker Road.
Discussion about a deceleration lane from Hiline Road to the subdivision.
Mr. Burch stated there will be no storm water concerns as the property is developed.
Darris Ellis, 13560 N. Hawthorne Road stated Cambridge Estates uses the drainage from
storm water runoff, so the Briscoe Subdivision coming into Cambridge can utilize the
stormwater runoff to help alleviate future flooding in the City, we should not vacate.
PWD Smart agreed.
PWD Smart said he contacted the Briscoe house property owner and made
recommendations, PWD Smart asked them to contact the Briscoes.
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COUNCIL MEETING MINUTES - (cont.)
August 23rd, 2005
BRISCOE ESTATES, PHASE ONE FINAL PLAT - (cont.)
Vern Briscoe said as long as his father is alive and they continue to farm the property they
do not want a curb there because there will be farm equipment go over it regularly.
Joni Barker, 5142 Whitaker had concerns about the 3 lots next to her home being small
and devaluing her property. Joni Barker expressed concern about the proposed park being
too close to the Ellis School Park, it would better serve her further south. Mrs. Barker was
concerned about her irrigation, Mr. Barker was told this will not affect her irrigation.
Dands Ellis, 13560 N. Hawthorne Road said he would like to remind the Council, the
park was supposed to be at the southern end of the Briscoe Property. Mr. Ellis asked the
Council be consistent with all developers. Mr. Ellis felt Franklin Briscoe needs to be held
accountable for his requirements. Mr. Ellis felt the 30' access-easement lot should become
part of the plat. Mr. Ellis said he felt the park should be on the south end, further away
from the Ellis School Park.
Considerable discussion about where the park should be placed. The size of the total park
is 2.46 acres. The park will go in Phase II of the Briscoe Estates.
David Rapp, 5095 Marie spoke in favor of the Briscoe Estates, Phase One Final Plat as is.
PWD Smart stated he will make another effort to convince the Briscoe home property
owner to get on board.
Attorney Holmes asked Franklin Briscoe if the access-easement is going to be developed.
Vern Briscoe stated they do not want to make improvements on the access-easement at
this time because of equipment access. Attorney Holmes told Vern Briscoe when Lots 6
& 7 are developed they are required to make the required improvements at that time as
part of the development.
Councilman England moved to approve the Briscoe Estates, Phase I Final Plat as
presented, Councilman Gunter seconded. All council members voted in favor of motion.
RESOLUTION #8-2005 - Authorizing John Cotant to sign all applications, grant agreements,
and other documents relating to wastewater planning grants.
Mayor Cotant read Resolution #8-2005 in full.
Councilman Quick moved to adopt Resolution #8-2005 as read, Councilman England
seconded. All council members voted in favor of motion.
195
COUNCIL MEETING MINUTES - (cont.)
August 23rd, 2005
ORDINANCE #601 - Amending Chubbuck Municipal Code Section 2.04.010 to set the Mayor's
salary at $45,000 per year and a Council Member's salary at $6,300 per year, effective
January 1st, 2006.
Attorney Holmes read Ordinance #601 in full for the first and final reading.
Councilman Gunter moved to dispense with the rule of reading Ordinance #601 on three
separate days, Councilman Quick seconded. Roll Call Vote: Quick, yes; England, yes;
Gunter, yes; Kearns, yes.
Councilman Gunter moved to adopt Ordinance #601 as read, Councilman Quick
seconded. Roll Call Vote: Quick, yes; England, abstained; Gunter, yes; Kearns, yes.
Motion passes 3-0.
ORDINANCE - Allowing a greater percentage of structures to be allowed in certain zones and
establishing procedures to allow such exceptions with a defined geographic area.
Attorney Holmes read ordinance by title only for the second reading.
Council tabled the ordinance until the September 13th, 2005 Council Meeting.
ORDINANCE #602 - Creating Section 10.08.055, "School Zones", to establish school zones for
Chubbuck Elementary School on Chubbuck Road and for Ellis Elementary School on
Whitaker Road; establishing a 20 MPH speed limit in those zones when certain
conditions are present.
Mayor Cotant and Attorney Holmes read Ordinance #602 in full for the third and final
reading.
Councilman England moved to adopt Ordinance #602 as read, Councilman Quick
seconded. Roll Call Vote: Quick, yes; England, yes; Gunter, yes; Kearns, yes.
CLAIMS - Computer print-out claims presented to Mayor Cotant and Council.
Councilman Gunter moved to approve the computer print-out claims as presented,
Councilman Quick seconded. All council members voted in favor of motion.
197
COUNCIL MEETING MINUTES - (cont.)
August 23rd, 2005
At 11:57 p.m, Councilman Quick moved, Councilman Gunter seconded, with full council
approval to adjourn meeting.
Ron C. Conlin, City Cl~rl~
~dl~'b. C~tant, Mayor