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Home My WebLink About12 13 2005 CM245 COUNCIL MEETING MINUTES December 13`h, 2005 Minutes of a regular meeting held at the Chubbuck City Council Chambers, December 13 'h, 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. Council members Elect Richard Morgan and Dennis Stoddard were present. PLEDGE ALLEGIANCE TO THE FLAG was led by Council member Elect Richard Morgan. INVOCATION was given by Council member Leroy S. Quick. APPROVAL OF MINUTES - Mayor Cotant asked for corrections and additions to the Regular Meeting Minutes of November 22 °d, 2005. Councilman Kearns moved to approve the Regular Meeting Minutes of November 22 °d, 2005 as read, Councilman England seconded. All council members voted in favor of motion. PUBLIC HEARING - An application by Blake Jones, 411 Chesapeake for a preliminary plat for Taylor Made Estates. Property is located south of Victorian Village, NW 1/4 of Section 3. Mayor Cotant declared the public hearing open. Rob Heusevedlt, RME presented the Taylor Made Estates Preliminary Plat. Mr. Heusevedlt said the developer will install a 15' utility easement along Callaway Drive as requested by City Staff. Mr. Heusevedlt said the developer will use the City standard ribbon curb as requested by City Staff. Mr. Heusevedlt stated the developers have acquired enough area to provide for a 50' right -of -way the City requires for a road. Discussion about park dedication fee required. Storm water drainage discussion. Mr. Heusevedlt stated these are single family lots. The property is currently zoned (R -2). Verlyn Ashton, 5369 Whitaker Road stated this looks like a nice project, Mr. Ashton spoke in favor of the proposed preliminary plat. Mayor Cotant declared the public hearing closed. 247 COUNCIL MEETING MINUTES - (cont.) December 13`h, 2005 PUBLIC HEARING - TAYLOR MADE PRELIMINARY PLAT - (cont.) Councilman Kearns moved to accept the Land Use & Development Commission's recommendation to approve the application by Blake Jones for Taylor Made Preliminary Plat subject to; 1) Required to have 15' utility easement for sidewalk and utilities along Callie Drive, 2) Required to use Fort Hall Irrigation water as a secondary water supply, 3) City standard ribbon curb. 4) If water rights are not used, the water rights will go to the City, Councilman England seconded. All council members voted in favor of motion. PUBLIC HEARING - An application by BNR Development, LLC, 4907 Easy Street, Chubbuck, Idaho for a preliminary plat for Sunrise Estates. Property is located west of Petersburg Drive. Mayor Cotant declared the public hearing open. Bryce Jolley, Blackfoot, Idaho presented the Sunrise Estates Preliminary Plat. Mr. Jolley stated Sunrise Estates is a 14 acre parcel, the developers would like to put 48 residential "^ lots on the parcel. Zoned (R -1). Mr. Jolley stated they would like to develop in three Phases, Phase 1 would be as far as they can with the existing sewer. Mr. Jolley said this would be approximately 18 to 20 lots in the Phase 1. The remaining lots will have to have sewer come from Chubbuck or Philbin Roads. Mr. Jolley said the City does not want a sewer lift station with that few of lots. Discussion about accesses available. Discussion about sewer and the depth of the sewer. Mr. Jolley stated the utility easement will be 15' instead of the 10' shown on the plat. Mr. Jolley stated they will be in compliance with the park requirement. Tom Nield, 5060 Constitution expressed concern of why, all the sewer line cannot not be install now. Mr. Nield expressed concern about the construction traffic and traffic in their subdivision created by the new plat Mr. Jolley stated the cost would be prohibitive if sewer for all three phases is installed first. Mr. Nield asked why the street and sewer cannot be straight across to Philbin Road now. Mr. Jolley said they do not have access to Philbin or Chubbuck Roads. Sherm Schmidt, 5148 Leesburg spoke against the Sunrise Estates Preliminary Plat. Concerned about sewer, road and traffic impact on his subdivision. Mr. Schmidt felt the sewer should be completed up front. 249 COUNCIL MEETING MINUTES - (cont.) December 13`h, 2005 PUBLIC HEARING - SUNRISE ESTATES PRELIMINARY PLAT - (cont.) Tracie Babbit, 5159 Leesburg expressed concern about additional traffic on her street. Jason Hege, 5137 Independence expressed concern about additional traffic on his street. Mr. Hege said he is for development, but there should be two accesses, they should have restrictive covenants similar to Heritage West Subdivision's. John Dahl, 5049 Constitution expressed concern about Phase II and Phase III and access to sewer. Mr. Dahl does not want a dirt field behind his house. Nathen Sierra, 1033 Petersburg expressed concern about the uncertainty of the sewer, the additional accesses and traffic. Mr. Sierra wants the City to require an access to Philbin Road. Mr. Sierra also wants a park in this subdivision., Spence Taylor, 5169 Leesburg expressed concern about kids in the neighborhoods safety when construction trucks are forced through his subdivision. Mr. Taylor felt there should be another access. Concern about sewer sump pumps, also overloading the current sewer system. Mr. Taylor felt the Sunrise Estates should accept the Heritage West Restrictive Covenants. Mr. Taylor said he against twin homes and duplexes in the Sunrise Estates. Kelton Smith, 5140 Constitution expressed concern about the additional traffic in his subdivision. Mr. Smith stated he wants the Council to deny this preliminary plat until there are additional accesses. Paul Winburg, 1050 Lexington spoke against the Sunrise Estate Subdivision until the are at least two accesses. Mark Madsen, 5077 Independence wanted Sunrise Estate to adopt the same restrictive covenants as Heritage West Subdivision. Mr. Madsen said he does not want twin home or duplexes in the proposed subdivision. Troy Dye, 5001 Constitution expressed concern about only one access out of the proposed subdivision. Steve Bartlett, Developer, 4907 Easy Street stated the developer has tried to get another access to Philbin Road, the property owners will not sell. Mr. Bartlett said they do not have an alterative access or sewer easement that is cost effective for the developers beyond Phase 1. 251 COUNCIL MEETING MINUTES - (cont.) December 13", 2005 PUBLIC HEARING - SUNRISE ESTATES PRELIMINARY PLAT - (cont.) Stewart Nelson, Developer, 2630 Inkom Road, Inkom, Idaho stated they came in and talked to City Staff about this development, Mr. Nelson said Staff did not feel there was a problem. Mr. Stuart stated it is the developers intention to just develop Phase 1 until the access and sewer issues are taken care of Mr. Nelson stated the developers are willing to use the same restrictive covenants as Heritage West Subdivision. Mr. Nelson stated there will be no twin homes or duplexes in the proposed plat. Mayor Cotant asked Mr. Nelson what would happen if they just developed 10 lots in the Phase 1. Mayor Cotant said this would take care of the sewer and traffic concerns. Mr. Nelson said the developers would prefer to develop Phase 1 as far as the existing sewer will allow them. Discussion about where a neighborhood park should be located. PWD Smart stated a larger park is more efficient for the City to maintain. Jay Roache, Partner, 802 E. Mcdlee, Inkom, Idaho asked the development be allow as long as the existing sewer will allow for now. Councilman Quick stated there are two issues at hand, one is the street access, Councilman Quick said he cannot approve one access from the proposed subdivision. Discussion about the existing sewer. PWD Smart stated the sewer capacity for this proposed subdivision is not a problem. Councilman England stated the development should stay in compliance with City Code on the park requirement. Councilman England said the developer understands that until there is another access into the property, there will be no further homes built. Councilman England moved to approve the Sunrise Estates Preliminary Plat subject to; 1) Phase 1 will have a maximum of 14 lots, 2) The 10' utility easement along all lot frontages be changed to 15' to allow for sidewalk and utilities, 3) Required to install a pressure irrigation system utilizing Fort Hall Irrigation water, 4) Subdivision be developed within the City Park Ordinance, 5) Responsible to keep mud, dirt cleaned up and dust down. Councilman Gunter seconded. Roll Call Vote: Quick, no; England, yes; Kearns, no; Gunter, yes; Mayor Cotant, no. Motion failed 3 -2. Councilman England moved to table the Sunrise Estates Preliminary Plat, Councilman Quick seconded. All council members voted in favor of motion. 253 COUNCIL MEETING MINUTES - (CONT.) December 13', 2005 PUBLIC HEARING - ORDINANCE - Adding Section 18.12.060, restrictions in a Limited Commercial, (C -1) zone; changing the maximum height of a building in an (R -2), Limited Residential zone to thirty-five feet. Attorney Holmes read ordinance by title for the first reading. Mayor Cotant declared the public hearing open, there being no comment Mayor Cotant declared the public hearing closed. Councilman Kearns stated #10 in Sectionl, he would like to state in some way to require the light to be directed away from residences or residentially zoned land and have the light not leave the property. Council tabled the ordinance until the first meeting in January, 2006. REQUEST BY HOMESTEAD ESTATES DEVELOPMENT FOR RELIEF FROM THE 8' WATER LINE REQUIREMENT - PWD Smart stated Homestead Estates Developers are requesting they be required to stay with the 6' water line instead of the 8' water line. Brian Flynn, Rocky Mountain Engineering stated on the same day, after their approval the ordinance changed the water line requirement to 8 ". Holms Construction ordered the 6' pipe anticipating the price of pipe to increase dramatically. PWD Smart recommended the request by Homestead Developers be approved. Councilman England moved to approve the request by Homestead Estates Development to allow them to install a 6" water line instead of an 8" water line in Homestead Estates Subdivision, Councilman Kearns seconded. All council members voted in favor of motion. ORDINANCE - Adopting Chapter 15.58, public safety radio amplification systems, to assure all buildings constructed in the City of Chubbuck allow adequate signal penetration for the radio frequency used by the City of Chubbuck Emergency Workers, including, but not limited to, the Police, Fire, EMS and Department of Public Works Employees. Attorney Holmes read ordinance by title only for the seconded reading. Council tabled the ordinance until the first meeting in January, 2006. 255 COUNCIL MEETING MINUTES - (CONT.) December 13`h, 2005 2004 -2005 CITY STREET FINANCE REPORT - City Clerk Ron Conlin presented the 2004- 2005 Annual City Street Finance Report of dedicated funds to be presented to the State Auditor as required by Idaho Code 40 -708. Councilman Kearns moved to accept the 2004 -2005 Annual City Street Finance Report as presented, Councilman Gunter seconded. All council members voted in favor of motion. RENEWAL OF YEAR 2006 LIQUOR, WINE AND BEER BUSINESS LICENSES - City Clerk Ron Conlin presented the 2006 Liquor, Wine and Beer Licenses. Police Department recommended approval of the renewal of licenses to present holders of liquor, wine and beer license. City Clerk Ron Conlin stated all have presented their State, County Licenses along with required fees with the exception of Flying J and Ramada Inn. Councilman Gunter moved to approve all Year 2006 Liquor, Wine and Beer Licenses as presented, subject to compliance of all requirements of ordinances and statutes as determined by the City Clerk, Councilman Kearns seconded. All council members voted in favor of motion. BUSINESS LICENSE APPLICATION - Cheri D. Hart, Hartland Ranch Wagon Rides, 9250 W. Chubbuck Road, Pocatello, Idaho has applied for a business license to operate a wagon ride and catering business in the City of Chubbuck. City Clerk Conlin polled the Council prior to this meeting and received approval for Cheri Hart to operate prior to this meeting. Police Department recommended approval of the business license. Councilman Quick moved to grant Cheri D. Hart, Hartland Ranch Wagon Rides a business license to operate a business offering wagon rides and catering from a wagon in the City of Chubbuck from December 1St, 2005 through December 31St, 2005 subject to 1) Having liability insurance, 2) Responsible for clean up of horse manure and debris from City Streets in a timely manner, 3) Police Department inspecting and approve lighting on the wagon, Councilman Kearns seconded. All council members voted in favor of motion. 257 COUNCIL MEETING MINUTES - (cont) December 13'h, 2005 CLAIMS - Computer print -out claims presented to Mayor Cotant and Council. Councilman Quick moved to approve computer print -out claims as presented, Councilman England seconded. All council members voted in favor of motion. GENERAL DISCUSSION There will be a Special Council Meeting, December 20`h, 2005 at 5:00 p.m. to adopt the DEQ Loan Resolution for our water tank rehabilitation. EXECUTIVE SESSION MEETING - At 9:58 p.m, Councilman Quick moved to go into executive session meeting as authorized by Idaho Code 67- 2345(b) regarding a personnel matter, Councilman Gunter seconded. Roll Call Vote: Quick, yes; England, yes; Gunter, yes; Kearns, yes. 100% of Council voted in favor of motion. Discussion about a personnel matter. No action or decision was made. At 10:55 p.m, Councilman Quick moved to adjourn from executive session meeting to regular meeting, Councilman England seconded. All council members voted in favor of motion. CRAIG MERRILL APPEAL - Councilman Quick moved to table the Craig Merrill appeal until after a Special Meeting, Executive Session that will be held the Chubbuck City Council Chambers, December 201h, 2005 at 5:00 p.m, Councilman Kearns seconded. All council members voted in favor of motion. At 10:58 p.m, Councilman Gunter moved, Councilman England seconded, with full council approval to adjourn meeting. CA4�4&�W John O. Cotant, Mayor Ron C. Conlin-,-City Clerk