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HomeMy WebLinkAbout02 14 2006 CM25 COUNCIL MEETING MINUTES February 14", 2006 Minutes of a regular meeting held at the Chubbuck City Council Chambers, February 14", 2006. Present: Mayor Steven M. England, Council members Leroy S. Quick, Kent Kearns, Dennis Stoddard, Richard Morgan, Attorney Thomas J. Holmes, Public Works Director Steven M. Smart and City Clerk Ron C. Conlin. PRESENTATION OF COLORS AND PLEDGE ALLIANCE TO THE FLAG was led by Luke Findley and Dustin Swallow, Troop #343. INVOCATION was given by Bishop Charles Burrup, Chubbuck 5" Ward, Chubbuck Stake, The Church of Jesus Christ of Latter -Day Saints. PRESENTATION OF AWARD TO FORMER MAYOR JOHN O. COTANT - Ken Pape and Pat Pape were present to present to former Mayor John O. Cotant a U.S. Flag that flew over the White House, December 22nd, 2005 for his 36 years of public service. APPROVAL OF MINUTES - Mayor England asked for corrections and additions to the regular meeting minutes of, January 24`", 2006. Councilman Kearns moved to approve the regular meeting minutes of January 24', 2006 as read, subject to correction of typos, Councilman Morgan seconded. All council members present at the January 24', 2006 Council Meeting voted in favor of motion. PUBLIC HEARING - An application by Charlie Frasure, 102 Laurel Lane, Chubbuck, Idaho 83202 for a preliminary plat for Frasure Industrial Park, 3rd Addition. Located on Brooke Lane. PWD Smart stated this is the last phase in the development. PWD Smart recommended approval of the Frasure Industrial Park 3' Addition. Jeff Hall, 740 Terry Street, Inkom, Idaho was present to answer any questions the Council might have. Mayor England declared the public hearing open, there being no comment Mayor England declared the public hearing closed. Councilman Kearns recused himself from discussion and vote. Charlie Frasure is his Uncle. Councilman Quick moved to approve the Frasure Industrial Park, 3rd Addition Preliminary Plat as presented, Councilman Morgan seconded. Roll Call Vote: Quick, yes; Kearns, recused himself; Stoddard, yes; Morgan, yes. 27 COUNCIL MEETING MINUTES - (cont.) February 14`h, 2006 SUNRISE ESTATES PRELIMINARY PLAT - An application by BNR Development, LLC, 4907 Easy Street, Chubbuck, Idaho 83202 for a preliminary plat for Sunrise Estates Subdivision. Property is located west of Petersburg Drive. This preliminary plat was tabled from the December 13th, 2005 Council Meeting. Mayor England stated the reason this is not a public hearing tonight is because the public hearing was held and closed on December 13`", 2005. Mayor England stated because there are two new council members, all the information was passed to them. (Plat, minutes, comments, etc). Nathan Sierra, 1033 Petersburg presented a letter to council members that will go into the record. All current council members received the letter for review. Bryce Jolley, Harper- Leavitt Engineering, Inc presented the Sunrise Estates Preliminary Plat. Mr. Jolley said BNR Development is asking for approval of 18 lots, approx 5 acres. Mr. Jolley stated BNR is asking for a (R -1) zoning. Mr. Jolley stated the restrictive covenants will be similar to the Heritage West Subdivision to the east. Mr. Jolley stated it will be gravity fed sewer. Mr. Jolley stated the requirement of pressurized irrigation on the lots is not economically feasible. Mr. Jolley said the requirement is not in the ordinance now, the developer does not feel they should be required to pressurize the irrigation water. Mr. Jolley stated BNR developers would prefer to pay the park dedication fee rather than construct park at this time. Mr. Jolley presented traffic count at the intersection of Independence and Chubbuck Road. Mr. Jolley stated compared to the Highway Capacity Manual of 850 vphpl on a local street, Independence Ave is at a peak of 7% capacity, which is well below the level of service "A ", which is free flow - minimal restriction in traffic flow. (Attached). Councilman Quick expressed concern about construction traffic, Mr. Jolley did not feel the construction traffic would be much impact. Council reviewed the proposal. PWD Smart expressed concern about water rights if the pressurized irrigation system is not required. Councilman Stoddard stated he would like to hear from Nathan Sierra in regards to the 18 lots proposed as compared to the original 14 lots proposed. Nathan Sierra, 1033 Petersburg stated the area residents would prefer 14 lots instead of the proposed 18 lots. Fire Chief Eric King stated according to Fire Code the way this plat is laid out there is not a Fire Code problem. FC King said anything over 150' a hammerhead is required. 29 COUNCIL MEETING MINUTES - (cont.) February 14 ", 2006 SUNRISE ESTATES SUBDIVISION PRELIMINARY PLAT - (cont.) Discussion about pressurized irrigation system recommended by the Land Use & Development Commission. Jay Roche, 802 Madlee, Inkom, Idaho stated the pressurized irrigation system is not feasible in this subdivision. Councilman Kearns made motion to approve the Sunrise Estates Preliminary Plat as presented with the following conditions; 1) Required to construct temporary hammerheads that are approved by City Staff Engineering and Fire Department. 2) The pressurized irrigation system is not required, Councilman Morgan seconded. All council members voted in favor of motion. Councilman Quick made a request that the City Staff do an actual physical count, if the count is exceeding the numbers the developer came up with, we will revisit the issue. DAY CARE FACILITY LICENSE APPLICATION - Rachel Capell, 5940 Eden has applied for a day care facility license to operate a day care facility at her residence at 5940 Eden. All departments recommended approval of the day care facility license. Councilman Morgan moved to grant Rachel Capell a day care facility license to operate a day care at her residence at 5940 Eden, Councilman Kearns seconded. All council members voted in favor of motion. BUSINESS LICENSE APPLICATION - Justin L. Pearson, 1020 McKinley, #176, Pocatello, Idaho 83201 has applied for a business license to operate a door to door window and siding cleaning business. Police Department recommended approval of the door to door business license application. Councilman Stoddard moved to grant Justin L. Pearson, J & P Windows and Exterior a business license to operate a door to door window and siding cleaning business, Councilman Quick seconded. Roll Call Vote: Quick, yes; Kearns, no; Stoddard, yes; Morgan, yes. Motion passes. DAY CARE FACILITY LICENSE APPLICATION - Tanya Kriner, 5964 Eden has applied for a day care facility license to operate a day care facility at her residence at 5964 Eden. All departments recommended approval of the day care facility license. 31 COUNCIL MEETING MINUTES - (cont.) February 14", 2006 DAY CARE FACILITY LICENSE APPLICATION - TANYA KRINER - (cont.) Councilman Kearns moved to grant Tanya Kriner, Wee -Care Day Care a day care facility license to operate a day care facility at her residence at 5964 Eden, Councilman Morgan seconded. All council members voted in favor of motion. CAROL REYES APPEAL OF LAND USE & DEVELOPMENT COMMISSION'S DECISION TO APPROVE A CONDITIONAL USE PERMIT FOR TRANSITIONAL ALCOHOL /DRUG LIVING COUNSELING AT 147 W. LINDEN AVE - Carol Reyes, 4710 S. Afton stated she has two children, her parents are retired, she has concern that if eight adult males are allowed to go through drug and alcohol treatment and there might be times they are not being supervised, she is concerned about her children and parents safety. William C. Slaven, 147 W. Linden Ave stated he wants to open a transitional alcohol /drug living and outpatient alcohol /drug counseling center at 147 W. Linden Ave. Mr. Slaven said there will be eight patients living there twenty four hours a day. Mr. Slaven stated he does not feel Mrs. Reyes concerns are valid. Mr. Slaven explained why. Mr. Slaven said he monitors the patients. Mr. Slaven stated he is licensed through the State. Mr. Slaven stated he will be providing a higher level of monitoring than the Oxford House. Mr. Slaven provided the Access to Recovery - Idaho Program to Mayor England and Council. Mr. Slaven stated the Fire Marshall has been over for inspection. Fire Chief King stated he will check with Fire Marshal Merlin Miller to make sure the inspection met Fire Code. Bill Aller, 222 W. Linden Ave expressed concern about the ten residences that are still in the area. Mr. Aller said he felt there should be a plan for a center like this but, expressed concern about the eight people in the proposal not being monitored twenty -four hours a day. Mr. Aller spoke against the proposal. Melina Burton, 4702 S. Afton expressed concern about there not being twenty -four hour supervision of the eight residents in the counseling center. Ms. Burton spoke against the proposal. Patrick Stephens, 4726 S. Afton spoke in favor of the proposal by William Slaven. Joe Craythorn, Norco Medical, 4639 Yellowstone Ave expressed concern Norco is a supplier of medical gases and supplies, which are designated as drugs by the FDA. These products have been stolen by drug abusers from Norco Stores in the past. Mr. Craythorn spoke against the proposal by William Slaven. Mr. Craythorn presented a letter in opposition to the Council. 33 COUNCIL MEETING MINUTES - (cont.) February 14 ', 2006 CAROL REYES APPEAL AT CONDITIONAL USE PERMIT AT 147 W. LINDEN - (cont.) Mr. Slaven stated he would like to open the facility April 15`, 2006. Mary Bunce, 755 E. Chubbuck Road spoke in favor of the proposal. Councilman Kearns moved to deny the appeal from Carol Reyes, 4710 S. Afton Ave of the Land Use & Development Commission's decision to approve a conditional use permit for transitional alcohol /drug living and outpatient alcohol /drug counseling by William Slaven at 147 W. Linden Ave subject to; 1) All Fire Code requirements are complied with by Mr. Slaven, 2) Mr. Slaven is required to maintain his Case Management licensing and Health & Welfare licensing for transitional housing, 3) This conditional use permit be reviewed in six months, Councilman Quick seconded. All council members voted in favor of motion. HADLEY FAMILY TRUST, 4545 YELLOWSTONE AVE - DON ZEBE, PREMIER PROPERTIES - PROPERTY LOCATED NORTH OF PARRISH STORE - Don Zebe, 465 Berrett, Pocatello, Idaho stated he is representing Mrs. Hadley as a Realtor on her property at 4545 Yellowstone Ave. Mr. Zebe stated his company has had this property listed for over a year, during this time they have received interest and could not sell the property, they asked the buyers why they did not make an offer. Mr. Zebe said they said someone from the City told them there is a road requirement through Ms. Hadley's property. Mr. Zebe stated the road requirement is why Ms. Hadley has not received an offer on the property. Mr. Zebe felt this has stopped the sale of the sale of the property, Mr. Zebe stated there was never a public hearing stating this, nor was Mrs. Hadley ever notified the road was even a consideration. Mr. Zebe stated the statements made and being passed out by the City has caused adverse affects on the sale of the property. Mr. Zebe stated the City has stopped the sale of the property. Mr. Zebe felt this is an illegal taking, not formally, but done behind closed doors. Mr. Zebe suggested the City change the Master Plan. Attorney Holmes said this street requirement is in the City of Chubbuck's Master Plan. The Master Plan was conducted with the required public hearings. Attorney Holmes stated the City Staff has met with the Hadley's and the Hadley's were aware of the street requirement. Attorney Holmes stated the City has told her the City will work with her when there is an interest. Attorney Holmes stated the intersection at Evans Lane should line up with this street, the City will work with the Hadley's on the configuration. Attorney Holmes stated there is a problem, the way to deal with it is with the developer, is there some way we can mitigate the impact and still have a workable situation. Attorney Holmes said the City is not talking about emminent domain on this property. Attorney Holmes stated the City is flexible where the road will go. COUNCIL MEETING MINUTES - (cont.) February 14`h, 2006. APPOINTMENTS OF THE MAYOR - Mayor England made the following appointments: Members of the Chubbuck Development Authority: Mayor Steven M. England Chairman Council member Richard Morgan Vice - Chairman Council member Leroy S. Quick Member Council member Kent Kearns Member Council member Dennis Stoddard Member Bannock County Commissioner Steve Hadley Member Blake Jones Member Councilman Kearns moved to approve the appointments as presented, Councilman Stoddard seconded. All council members voted in favor of motion. Additional Appointments: Bannock Planning Organization SICOG Senior Citizens Group Mayor Steven M. England Council member Dennis Stoddard Council member Kent Kearns Council member Roy Quick Council member Kearns suggested an additional SICOG Representative be named. Mayor England stated he will have ready for the February 28`h, 2006 Council Meeting. ORDINANCE #608 - 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 #608 in full for the third and final reading. Councilman Morgan moved to adopt Ordinance #608 as read, Councilman Kearns seconded. Roll Call Vote: Quick, yes; Kearns, yes; Stoddard, yes; Morgan, yes. ORDINANCE - Amending Section 18.20.060 to clarify open space uses and requirements for residential and nonresidential planned unit development; Amending Section18.20.080 to indicate no reductions in setbacks on the periphery of a planned unit development is allowed. Attorney Holmes read ordinance by title only for the second reading. 37 COUNCIL MEETING MINUTES - (cont.) February 14`h, 2006 ORDINANCE - AMENDING SECTION 18.20.060 - (cont.) Council tabled the ordinance until the February 281h, 2006 Council Meeting. RESOLUTION #4 -2006 - The City of Chubbuck periodically updates the Comprehensive Plan. Mayor England read Resolution #4 -2006 in full. Councilman Kearns moved to adopt Resolution #4 -2006 as read, Councilman Stoddard seconded. All council members voted in favor of motion. ORDINANCE - Annexing certain lands to be included within the boundaries and jurisdictional limits of the City of Chubbuck, Idaho - Homestead Estates Phase II. Attorney Holmes read ordinance by title only for the first reading. Council tabled the ordinance until the February 28`h, 2006 Council Meeting. ELECTION OF PRESIDENT OF COUNCIL - Councilman Stoddard moved to nominate Council member Kent Kearns as President of Council, Councilman Morgan seconded. All council members voted in favor of motion. CLAIMS - Computer print -out claims presented to Mayor England and Council. Councilman Quick moved to approve computer print -out claims as presented, Councilman Kearns seconded. All council members voted in favor of motion. At 9:50 p.m, Councilman Stoddard moved, Councilman Quick seconded, with full council approval to adjourn meeting. even M. Englan Mayor Ron c. Conlin, City Clerk