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Home My WebLink About01 24 2006 CM 7 COUNCIL MEETING MINUTES th January 24, 2006 th Minutes of a regular meeting held at the Chubbuck City Council Chambers, January 24, 2006. Present: Mayor Steven M. England, Council members Kent Kearns, Dennis Stoddard, Richard Morgan, Attorney Thomas J. Holmes, Public Works Director Steven M. Smart and City Clerk Ron C. Conlin. Council member Leroy S. Quick is excused. PLEDGE ALLEGIANCE TO THE FLAG was led by Council member Richard Morgan. INVOCATION was given by Bishop Norman Reece, Chubbuck 2nd Ward, Chubbuck Stake, The Church of Jesus of Latter-day Saints. APPROVAL OF MINUTES - Mayor England asked for corrections and additions to the Regular th Meeting Minutes of January 10, 2006. th Councilman Kearns moved to approve the Regular Meeting Minutes of January 10, 2006 as read, Councilman Morgan seconded. All council members present voted in favor of motion. RESOLUTION #1-2006 - Allowing governing boards to adopt hearing procedures by resolution. Mayor England read Resolution #1-2006 and attachments in full. Councilman Stoddard moved to adopt Resolution #1-2006 as read, Councilman Kearns seconded. All council members present voted in favor of motion. PUBLIC HEARING - An application by the City of Chubbuck to change the Comprehensive Plan to include the proposed Homestead Estates Subdivision, Phase II. Property is located west of Dell Road, north of recently annexed Homestead Estates Subdivision, Phase I, (20 acres). The Land Use & Development Commission recommended approval. PWD Smart stated this change of comprehensive plan is necessitated because the Urban Service Boundary is currently located at the edge of the existing 20 acre parcel. Councilman Kearns asked if there are any other proposals that might require a comprehensive plan change. PWD Smart stated there is not at this time. nd Mitch Greer, Rocky Mountain Engineering, 155 So 2 Ave presented the proposal. Mr. Greer stated, with this comprehensive plan change, annexation and zone change the developer will proceed with installing the canal bridge crossing as required. Mr. Greer stated the developer has not presented a preliminary plat yet. Discussion about the size of lots proposed. 9 COUNCIL MEETING MINUTES - (cont.) th January 24, 2006 PUBLIC HEARING - HOMESTEAD ESTATES COMPREHENSIVE PLAN CHANGE - (cont.) - Mayor England declared the public hearing open. Thomas Ward, 649 Dell Road stated he is not opposed to the development, but opposed to how the prior meetings were conducted, Mr. Ward felt the decision had already been made prior to this meeting. Mr. Ward stated the public hearing had not been posted at the end of Dell Road. Debbie Wagner, 5359 Hawthorne Road stated she agreed with what Thomas Ward said. Mrs. Wagner stated the City should have listened to residents rather than be afraid of a lawsuit. Mr. Wagner spoke against the Homestead Estates Subdivision presented tonight. Norman Reece, 4854 Joy Street expressed concern the Council did not consider the impact on school population. Mr. Reece suggested the Council take a second look at what this subdivision does to the school population. Norris Brown, 640 Dell Road spoke against the Homestead Estates Subdivision and how the decisions were made. Mitchell Greer, Rocky Mountain Engineering stated he felt the residents were included in the process. Mr. Greer stated the lots have been adjusted to be larger than the original layout, the park was adjusted for buffering reasons and there are less lots that originally asked for. Mr. Greer felt there has been compromise through the process. Councilman Kearns stated he felt there were negotiations, that is where the development agreement came in. Councilman Kearns stated the ordinances are there to assist the developers. Councilman Kearns pointed out this is an R-1 which is the City’s largest lot requirement. Councilman Kearns stated as long as a developer meets the platting requirements, the City is bound. Councilman Kearns suggested the City implement an additional land use zone, (urban rural) to address these type of developments. Councilman Kearns felt the City has made an attempt to get School District #25 to the meetings. Councilman Kearns stated he felt the City has compromised. Councilman Morgan stated he went through all the minutes and the developments meets existing law. Councilman Stoddard felt the proposal meets existing ordinances, city code. Councilman Stoddard agreed with Councilman Kearns, the City should look at adding an Urban Rural Zone to address the residents concerns. Councilman Stoddard stated he is concerned with 11 COUNCIL MEETING MINUTES - (cont.) th January 24, 2006 PUBLIC HEARING - HOMESTEAD ESTATES SUBDIVISION COMPREHENSIVE PLAN - the City approving subdivisions outside the Urban Service Boundary. Councilman Kearns moved to accept the Land Use & Development Commission’s recommendation to include Homestead Estate Subdivision, Phase II in the City of Chubbuck’s Urban Service Boundary, Councilman Stoddard seconded. All council members present 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 (R-1), Single Family Residential. Property is currently zoned Bannock County Agricultural. Property is located west of Dell Road, north of recently annexed Homestead Estates Subdivision, Phase I, (20 acres). The Land Use & Development Commission recommended approval. PWD Smart stated this annexation and zone change request comes to Council as a result of the annexation agreement approved August of, 2005. PWD Smart explained the history of the proposal. PWD Smart said if all the approvals and permits for the bridge over Cole st Road were completed by March 1, 2006 the developer will be responsible for construction of the canal bridge to Cole Road. PWD Smart said this was one of the considerations of the annexation agreement. PWD Smart stated Phase II is the north 20 acres adjacent to Dell Road. Mitch Greer, Rocky Mountain Engineering presented the annexation and zone change request. 1) Applicant is requesting an R-1 zone change. 2) Developer has submitted the plans to City of Chubbuck and Fort Irrigation for the canal crossing. Mr. Greer stated the intention is to continue with the construction of the canal crossing upon approval of annexation and zoning. Councilman Stoddard suggested that in the future there be an impact fee accessed when one phase depends on another in case something does not happen as it should. Mayor England declared the public hearing open. Thomas Ward, 649 Dell stated he is not opposed to the development, but how the process was handled. Mr. Ward felt there was no notice given on January, 2005 Council Meeting. Mr. Ward stated he felt the City was afraid of a lawsuit, rather than protecting the residents. Bruce Richman, 690 Homestead asked when the park will be constructed and will there be a fence to protect his property. Mr. Richman was told the fence will be addressed in the preliminary plat process. 13 COUNCIL MEETING MINUTES - (cont.) th January 24, 2006 PUBLIC HEARING - HOMESTEAD ESTATES SUBDIVISION PHASE II ANNEXATION AND ZONE CHANGE - Norman Reece, 4854 Joy expressed concern about over crowding in the schools and whether the Council took into consideration these concerns. Mayor England closed the public hearing, then brought the proposal to the Council. Mitch Greer, RMES stated the park requirement will be developed per City Code. Mr. Greer stated the park will be started in conjunction with development of the first construction phase. Councilman Morgan moved to accept the Land Use & Development Commission’s recommendation to approve an application by M. Daniel Bull for annexation and a zone change to (R-1) Single Family Residential on property located west of Dell Road, north of recently annexed Homestead Estates Subdivision Phase I, Councilman Stoddard seconded. All council members present voted in favor of motion. MASSAGE THERAPY LICENSE - Megan D. Bernard, 759 Harold has applied for a massage therapy business license to do massage therapy at 221 W Chubbuck Road. Police Department recommended approval of the license. All departments recommended approval of the massage therapy license for Megan Bernard. Councilman Kearns moved to grant Megan D. Bernard, 759 Harold a business license to do massage therapy at 221 W. Chubbuck Road, Councilman Stoddard seconded. All council members present voted in favor of motion. TAYLOR MADE ESTATES FINAL PLAT - Rob Heusevedlt, Rocky Mountain Engineering presented an upgraded Taylor Made Estates Final Plat. Mr. Heusevedlt stated there are three changes between the original and this plat, 1) There was a existing 50' easement that went along the back of Lots 7 & 8 of Whitaker Place Subdivision. City Staff decided since there is a existing 30' utility and access easement coming from Victorian Village, and since the road to the north to Victorian Village will not be continued, there will be a hammerhead with a pathway that will enter into Victorian Village and the 50' easement for a road will not be required, 2) There will be a development agreement between the City of Chubbuck and Taylor Made Estates developers which will include a pressurized irrigation system along with a pump to distribution the irrigation water. 3) There will be Restrictive Covenants to address Fort Hall Irrigation water rights. The developers or the City of Chubbuck will retain all water rights. 15 COUNCIL MEETING MINUTES - (cont.) th January 24, 2006 TAYLOR MADE ESTATES FINAL PLAT - (cont.) Discussion about swales and where the pump will be located. Mr. Heusevedlt explained where the pump will be located. Mr. Heusevedlt stated the discussion with Staff was that as residents come in, there should be a master plan for the pressurized system. Mr. Heusevedlt said the problem with this development is that it is toward the end, not much water gets to this property. Councilman Morgan moved to approve the Taylor Made Estates Final Plat as presented tonight, subject to a development agreement between the City of Chubbuck and Taylor Made Estates developers being in place, Councilman Kearns seconded. All council members present voted in favor of motion. 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. Second reading. Attorney Holmes stated there is a change in Paragraph 10, top of Page 2 at the request of Councilman Kearns the light emitted to be confined to the site as reasonably as possible with technology available. Discussion about whether or not this should go back through Land Use & Development Commission. After discussion, Council decided the ordinance will be read for the second reading, by title only tonight. Ron Horner, 755 Monika Court asked where does the 35' start. PWD Smart stated he felts it starts at ground level. Mr. Horner stated he would like it to start at ground. Attorney Holmes read ordinance by title only for the second reading. ORDINANCE #606 - 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 Service Workers, including, but not limited to, the Police, Fire, EMS and Department of Public Works Employees. Attorney Holmes, Councilman Morgan, Councilman Stoddard, Kent Kearns read Ordinance #606 in full for the third and final reading. Councilman Kearns moved to adopt Ordinance #606 as read, Councilman Stoddard seconded. Roll Call Vote: Quick, absent; Kearns, yes; Stoddard, yes; Morgan, yes. Motions passes 17 COUNCIL MEETING MINUTES - (cont.) th January 24, 2006 ORDINANCE - Amending Section 18.20.060 to clarify open space uses and requirements for residential and nonresidential planned unit developments; amending Section 18.20.080 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 first reading. th Council tabled the ordinance until the February 14, 2006 Council Meeting. RESOLUTION #2-2006 - Contractor Registration Law in Title 54, Chapter 52, Idaho Code. Mayor England read Resolution #2-2006. Councilman Stoddard moved to adopt Resolution #2-2006 as read, Councilman Kearns seconded. All council members present voted in favor of motion. AGENCY AGREEMENT FOR FIRE PRE-PLAN AND INSPECTION FOR NEW DEVELOPMENT IN AREA WEST OF INKOM, IDAHO - Fire Chief Eric King stated the Chubbuck Fire Department has been approached by the Jackson Creek Fire District because they have no Code Officials that can do fire pre-plans and inspections that the Chubbuck Fire Department do the pre-plans and inspections. City would collect a percentage of the building permit. Does the City Council want the Chubbuck Fire Department to be involved in the pre-plan and inspections for Jackson Creek Fire District. Councilman Morgan asked if the Chubbuck Fire Department has the time. FC King said he thought they did. FC King stated if the City Council is willing to do this, we should make it worth our while. FC King asked the Council to review the agreement, Fire Chief King will get more information and report to Council. AGREEMENT - COOPERATIVE FIRE PROTECTION - Fire Chief King presented the Cooperative Fire Protection Agreement - GIFF. Councilman Kearns moved to authorize Mayor England to enter into a Cooperative Fire Protection Agreement - Gateway Interagency Fire Front, subject to review and approval by Attorney Holmes, Councilman Morgan seconded. All council members present voted in favor of motion. 19 COUNCIL MEETING MINUTES - (cont.) January 24", 2006 2005 POLICE DEPARTMENT ANNUAL REPORT - Chief of Police Randy Severe presented the 2005 Police Department Annual Report - Attached. Councilman Stoddard thanked the Police Department for their efforts and suggested some of the statistics be included in the Mayor's Letter to the Residents. RESOLUTION #3 -2006 - Pledging support, matching funds, and maintenance for an enhancement project requesting Transportation Enhancement Funds. Mayor England read Resolution #3 -2006 in full. PWD Smart gave a report on Resolution #3 -2006. City Staff is in process of completing an application for Enhancement Funds through ITD to purchase two more flashers for Ellis School on Whitaker Road. This Resolution #3- 2006 is an authorizing resolution to accompany the application. The application is for FY 2009. Councilman Stoddard moved to adopt Resolution #3 -2006 as read, Councilman Morgan seconded. All council members present voted in favor of motion. CLAIMS - Computer print -out claims presented to Mayor Cotant and Council. Councilman Kearns moved to approve the computer print -out claims as presented, Councilman Morgan seconded. All council members present voted in favor of motion. GENERAL DISCUSSION - 1. Annual AIC City Official's Day at the Capitol and Legislative Luncheon, January 26t', 2006. Mayor England stated he will attend. 2. City Clerk Conlin was directed to include the following on the February 10", 2006 Council Meeting Agenda: A) Election of President of Council. B) Appointment of Council member Assignments. SICOG, Senior Citizens and Valley Pride and Chubbuck Development Authority Commission Members. C) Councilman Kearns suggested that prior to the next several Council Meetings we meet an hour or two earlier than the regular meetings for study sessions to become more familiar with City Staff duties, budgeting, long range planning, etc. 21 COUNCIL MEETING MINUTES - (cont.) January 24", 2006 At 9:53 p.m, Councilman Kearns moved, Councilman Stoddard seconded, with full council approval to adjourn meeting. even M. England, ayor yZ�ry Ron C. Conlin, City Clerk Chubbuck Police Department Annual Report 2005 . ." Financial Status at the End of the Year . Total Budget Approved $2,049,610 . Total Expended $1,936,316 94.5% . Unexpended $113,294 5.4% :. . Major Acquisitions . Copier . Dictaphone System . Tasers . Safety Holsters . 2 Raid Vests $12,065.00 $35,089.00 $12,031.00 $1,321.00 $2,780.00 Only the copier was purchased with budgeted funds. 1 - " Acquisitions - No Cost .3 M-16 Rifles . 12 passenger fleet transport bus Obtained through the 1033 Federal Surplus Program M Personnel Changes . One officer left to go to school on a scholarship in Virginia - Just over 1 year service with CPO. . Two officers hired; 1 replacement and one new addition to the department . Part time Shelter Aide hired as an addition to the department ,- ", Forfeitures . $1,699.12 in monies forfeited to the police from drugs arrests. . Search warrants - 11 15 in 2004 Drug Suppression Team established and funded in the 2005-2006 budget 2 - " Law Enforcement Activities . Calls for Service 06,745 2004 = 6,236 7.5% increase 0354 Felony cases taken by the Criminal Investigations Division 8.2% increase oAnimal Control Section - 910 calls 2.0% t oCommunity Services Functions - 31 presentations made to citizens' groups , Activities (continued) _ Police Functions 168 Felony Arrests 275 Warrant Arrests 2590 Citations Issued 82 DUI Arrests 378 Agency Assists - ,/ Activities (continued) . Communications Section has many responsibilities. The number of shift activities, which includes calls dispatched, phone calls made and received, registration checks, driver's license checks and traffic stops recorded: 69,569 3 Activities (continued) . Communications Section clerical activities, which include reports transcribed, citations entered and accident reports: 19,243 Grand Total 88,812 243 per day 81 per shift 1 shift activity every 6 minutes, 24/7/365 I. '''' Activities (continued) . Records Section Our Administrative Assistants processed 1650 requests for records, 175 license renewals (158 day care) and 263 parking citations. . ;, Crime Statistics . In the United States - 2004 Incidents of violent crime per 100,000 population: 303.7 Western Region 480.7 Cities of 10,000 - 24,499 303 4 I- " Crime Statistics (cont'd) . In the State of Idaho - 2004 Incidence of Violent Crime per 100,000 population: 242.7 . In Chubbuck 425 Ranked 5th in the State r. , Crime Statistics (cont'd) #1 #2 #3 #4 #5 #6 #7 #8 #9 #10 Garden City Caldwell Coeur d' Alene Nampa Chubbuck Twin Falls Boise Pocatello Meridian Idaho Falls 805 502 450 433 425 419 384 284 227 270 - '" Five Year Trends - Chubbuck PD . Offenses Committed _ Arrests 2000 1,172 2000 842 2001 1,187 2001 847 2002 1,250 2002 765 2003 1,259 2003 842 2004 1,284 2004 713 ~ ~ 5 - " Major Incidents . Search warrant service - May 7th oTwo officers shot oTwo suspects arrested o One has pled and been sentenced DOne is scheduled for trial in April 2006 o Both officers were back to work within days 6