HomeMy WebLinkAbout03 14 2006 CM53
COUNCIL MEETING MINUTES
March 14`x', 2006
Minutes of a regular meeting held at the Chubbuck City Council Chambers, March 10, 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.
PLEDGE ALLEGIANCE TO THE FLAG was led by Tabor Hendricks, Troop #338.
INVOCATION was given by Spenser Smyth, Chubbuck 8' Ward, Chubbuck Stake, The Church
of Jesus Christ of Latter -Day Saints.
APPROVAL OF MINUTES - Mayor England asked for corrections and additions to the Special
Meeting Minutes of February 28`h, 2006 and Regular Meeting Minutes of February 28 ',
2006.
Councilman Kearns moved to approve the Special Meeting Minutes of February 28`h,
2006 and Regular Meeting Minutes of February 28`h, 2006 as read, subject to correction
of typos, Councilman Quick seconded. All council members present at meeting voted in
favor of motion.
OFFICERS SWORN IN - Mayor England introduced Officers Nicholas Budge and Jeffery
Eldridge as Chubbuck Police Officers.
City Clerk Ron Conlin administered the Official Oath.
PUBLIC HEARING - An application by M. Daniel Bull, 2408 W. Portneuf Road, Pocatello,
Idaho for a preliminary plat for Homestead Estates, Divisions #3 & #4. Property located
at the west end of Dell Road.
PWD Smart stated Staff recommends approval of the Homestead Estates Division #3 and
#4 Preliminary Plat.
Mitch Greer, Rocky Mountain Engineering presented the Homestead Estates Division #3
and #4 Preliminary Plat.
Attorney Holmes stated the City needs to vacate the right -of -way on the Dell Road cul-
de -sac and get a quitclaim deed for the narrow pieces of land concerned.
Larry Bull, 5787 W. Portneuf Road suggested the City will have a better response than he
would contacting property owners to the north about a street easement from Cole Road to
Siphon Road. Mr. Bull stated he would be willing to contact the land owners if the City
wants him to.
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COUNCIL MEETING MINUTES - (CONT.)
March 14`h, 2006
PUBLIC HEARING - HOMESTEAD ESTATES DIVISION #3 AND #4 PRELIMINARY
PLAT - (cont.)
Discussion about traffic calming devises on Cole Road intersections in this subdivision.
Mr. Greer stated the developer will present a traffic calming plan on Cole Road to PWD
Smart for his review.
Mayor England declared the public hearing open, there being no comment Mayor
England declared the public hearing closed.
Larry Bull proposed the Council approve this preliminary plat as presented with the
understanding the Council would reserve the right to require the road to Siphon Road if
an easement can be secured. Mr. Bull stated the developers would be willing to take the
road to Siphon Road instead of the requirement of the bridge across the canal to Cole
Street.
Fire Chief Eric King stated after review the Fire Department would prefer the Cole Street
canal bridge be required rather than the road to Siphon Road.
Mitch Greer explained the developer has completed the canal bridge design and it has
been approved by Fort Hall Irrigation: The developer is in the process of getting the box
culvert for the bridge, it is the developer's intent is to get the canal bridge completed
before the irrigation water goes in the canal, but it may not happen and the canal bridge
will not be completed until Fall.
Councilman Morgan moved to accept the Land Use & Development Commission's
recommendations to accept the application by M. Daniel Bull for Homestead Estates,
Division #3 & #4 Preliminary Plat, subject to approval between the City Staff and
Developer of some type of traffic calming devises, Councilman Kearns seconded. All
council members voted in favor of motion.
PUBLIC HEARING - An application by BNR Development, LLC, 4907 Easy Street, Chubbuck,
Idaho for Sunrise Estates Preliminary Plat. Property is located west of Petersburg Drive,
south of irrigation lateral, north of Chick Bilyeu property, east of Horse Arena.
PWD Smart presented to Council comparison on traffic counts based on Bannock
Planning Origination information. PWD Smart explained the traffic counts. (Attached).
r-. PWD Smart stated the traffic count is well within the capacity of open road.
Bryce Jolley, Harper- Levitt Engineering representing BNR Development presented the
Sunrise Estates Preliminary Plat. The sewer will be gravity fed. There will be 18 lots.
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COUNCIL MEETING MINUTES - (cont.)
March 14', 2006
PUBLIC HEARING - SUNRISE ESTATES PRELIMINARY PLAT - (cont.)
Mr. Jolley stated the developer will not be able to install a pressure irrigation system
because of cost of the system. The City does not have an ordinance in place to require the
developer to install a pressure irrigation system. Discussion about a single access.
Mayor England declared the public hearing open.
Phil Christiansen, 5061 Constitution spoke against the Sunrise Estates Preliminary Plat.
Mr. Christiansen stated he would like to read in the names of people that would have
liked to be here tonight, but had other commitments: Mark & Sherrie Madsen, Tom &
Karen Nield, Sherm & Pam Schmidt, Richard & Heidi Higashi, Spenser and Kari Taylor
and Jason Hegge. Mr. Christiansen stated these people thought the meeting would be
held in April. Mr. Christiansen requested the Council table the Sunrise Estates
Preliminary Plat until two or three weeks until these people return. Mr. Christiansen said
there is four areas of concern to the residents in the area: 1) Traffic Safety, discussion
about traffic study. 2) Loop systems of water and sewer. 3) Issues historically, the City
has turned down developers, home values. 4) Access issues.
Councilman Kearns stated the ordinances are laid out to help developers develop within
the City, if developer complies with all City Code, the Council is required to approve.
Nathan Sierra, 1033 Petersburg spoke against the Sunrise Estates Preliminary Plat. Street
concerns. Mr. Sierra disputes the traffic Study
Kelly Williamson, 5167 Independence spoke against the Sunrise Estates Preliminary Plat.
Mrs. Williamson expressed concern about only one access into and out of the proposed
subdivision.
Chris Curry, 1038 Petersburg spoke against the Sunrise Estates Preliminary Plat.
Concerned about sewer. Mr. Curry felt there should be another access from the proposed
subdivision. Mr. Curry expressed concern about consistency in the City.
Troy Dye, 5001 Constitution spoke against the Sunrise Estate Preliminary Plat.
There being no further comment, Mayor England closed the public hearing.
Bryce Jolley, Leavitt - Harper Engineering responded to the concerns brought out in the
public hearing. The following was addressed: 1) Access issues. 2) Traffic count issues.
3) Water and Sewer issues. 4) Hammerheads or cul de sac will be addressed.
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COUNCIL MEETING MINUTES - (cont.)
March 14`h, 2006
PUBLIC HEARING - SUNRISE ESTATES PRELIMINARY PLAT - (cont.)
Councilman Kearns stated he changed his original vote because the original plat
submitted included full development, including sewer lift stations, etc. Councilman
Kearns stated when the Sunrise Estates Preliminary Plat came back in with 18 homes he
changed his vote. Councilman Kearns stated when a request comes in for more homes
than the 18 lots the developer will be required to have another access and another way to
address the sewer and water. Councilman Kearns stated with this plat we limit the
developer to 18 lots maximum until the accesses, sewer and water are addressed.
Councilman Quick stated the reason his original vote was changed was because the
original plat included 48 lots, which would require sewer lift stations, etc, the plat was
changed to 18 lots, which would fit into the gravity sewer system. Councilman Quick
said if the existing sewer will not allow the 18 lots, the developer will not be able to do
the full 18 lots. Discussion about emergency services vehicles access.
PWD Smart stated a lot of these issues discussed are not generally addressed in the
preliminary plat stage, but in the final plat stage where all construction drawings are
developed. PWD Smart gave a report on Traffic Impact Study counts.
Councilman Kearns moved to accept the Land Use & Development Commission's
recommendations to accept the Sunrise Estates Preliminary Plat, Division #3 & #4,
contingent upon; 1) Construction drawings showing cul de sacs and hammerheads
complying with City's specifications with City Engineering and Fire Department's
approval on all roads heading south and one heading west. 2) No lift stations or sump
pumps allowed, Councilman Morgan seconded. All council members voted in favor of
motion.
PUBLIC HEARING - ORDINANCE - Amending 18.20.060 to clarify open spaces used and
requirements for residential and non - residential Planned Unit Development.
Attorney Holmes read ordinance by title only for the first reading.
Mayor England declared the public hearing open, there being no comment, Mayor
England declared the public hearing closed.
Council tabled the ordinance until the March 281h, 2006 Council Meeting.
61
COUNCIL MEETING MINUTES - (cont.)
March 14`", 2006
APPEAL - LAND USE & DEVELOPMENT COMMISSION DECISION ON COUNSELING
CENTER AT 147 W. LINDEN AVE -
Gary Ratliff, 4860 Burley Drive said he was out of the Country when the last appeal was
held. Mr. Ratliff stated he has the following concerns, 1) Snow Removal, 2) When Bill
Slaven vacated his ditch and removed the gate valve, he never repaired the curb and
sidewalk. 3) Parking requirements, 4) Mr. Slaven has several cars, jeep, dump truck,
backhoe, camp trailer, boat, trailers, etc. parked on his property and street. Mr. Ratliff
asked if Mr. Slaven will be allowed to use a camp trailer to be allowed as an on -site
rental office.
Attorney Holmes stated these are enforcement issues and were not discussed in the
conditional use permit process. Attorney Holmes said these issues can be taken care of
with enforcement. Attorney Holmes suggested City Ordinance Enforcement look at the
removed sidewalk and see if what can be done.
Mr. Ratliff stated he is not opposed to Mr. Slaven's application for a Counseling Center
at this address, but feels Mr. Slaven should comply with Mr. Ratliff s concerns.
Deleana Burton, 4702 S. Afton spoke against William Slaven operating a transitional
alcohol /drug living counseling at 147 S. Afton Ave. Ms. Burton expressed concern about
her mail box. Ms. Burton was told the City does not install gang mailboxes, new
subdivisions are the only ones required to install gang mailboxes.
William Slaven, 147 W. Linden Ave responded to Gary Ratliff s concerns. Mr. Slaven
stated Fort Hall Irrigation are the ones who vacated the irrigation water on Mr. Ratliff s
property. Mr. Slaven disputed Mr. Ratliff s concerns about snow removal.
Councilman Kearns moved to deny Gary Ratliff s appeal 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 Stoddard seconded. All council members voted in favor of
motion.
63
COUNCIL MEETING MINUTES - (cont.)
March 14`h, 2006
REQUEST BY BANNOCK COUNTY TO REVIEW THE PROPOSED GROVE
SUBDIVISION AND TO CONSIDER RECOMMENDATIONS BY THE LAND USE AND
DEVELOPMENT COMMISSION - GROVE SUBDIVISION - BOOTH- PHILBIN ROAD -
Mitch Greer, Rocky Mountain Engineering stated the concept plan shows 52 lots. Mr.
Greer said the project area is within Chubbuck City's Urban Service Boundary and is
zoned residential suburban by Bannock County. Mr. Greer presented the proposed
Booth - Philbin Road preliminary layout. Mr. Greer stated Grove Subdivision is requesting
City of Chubbuck water -sewer hookups. Mr. Greer stated these are larger lots.
Mr. Greer stated City Staff recommended one access at this time.
City Staff recommends approval of the Grove Subdivision.
Fire Chief Eric King showed on the plan where a street stub should be required. FC King
suggested the developer stay with a wider road.
Councilman Kearns moved to accept the Land Use & Development Commission's
'^ recommendation to provide water -sewer service to the Grove Subdivision PUD with the
following conditions; 1) All infrastructure, (streets, sewer, water, etc) be built to City
Standards, 2) That a northerly access be in the plan according to Chubbuck's Long Range
Street Plan, 3) Required standard improvements along Philbin Road frontage consistent
with other developments already previously approved, 4) There only be one access off of
Philbin Road., 5) The developer enter into a contract with the City similar to the contract
entered into by Sunset West Subdivision regarding City water, sewer, and eventual
annexation, Councilman Quick seconded. All council members voted in favor of motion.
BUSINESS LICENSE APPLICATION - Ryan S. Lewis, 366 Appaloosa, Pocatello, Idaho has
applied for a business license to operate a door to door lawn mowing, trimming, blowing
and power wash garbage can business in the City of Chubbuck.
Police Department recommended approval of the business license application.
Councilman Quick asked where the wash debris is drained. Mr. Lewis stated the water
will go through a grate, which will be collected and put into a garbage bag.
Councilman Stoddard moved to grant Ryan S. Lewis, Mighty Mower Lawn Care a
business license to operate a door to door lawn mowing, trimming, blowing and power
wash garbage can cleaning business, Councilman Morgan seconded. Roll Call Vote:
Quick, yes; Kearns, no; Stoddard, yes; Morgan, yes. Motion passes 3 -1.
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COUNCIL MEETING MINUTES - (cont.)
March 14`h, 2006
ORDINANCE - Annexing certain lands to be included within the boundaries and jurisdictional
limits of the City of Chubbuck, Idaho - Park Meadows 7`h and 8th Additions.
Attorney Holmes read ordinance by title only for the first reading.
Council tabled the ordinance until the March 28`h, 2006 Council Meeting.
ORDINANCE #609 - Annexing certain lands to be included within the boundaries and
jurisdictional limits of the City of Chubbuck - Homestead Estates Phase III.
Attorney Holmes read Ordinance #609 by title only for the third reading, one of which
was in full.
Councilman Kearns moved to adopt Ordinance #609 as read, Councilman Morgan
seconded. Roll Call Vote: Quick, yes; Kearns, yes; Stoddard, yes; Morgan, yes.
CLAIMS - Computer print -out claims presented to Mayor England and Council.
Councilman Kearns moved to approve the computer print -out claims as presented,
Councilman Morgan seconded. All council members voted in favor of motion.
ANNOUNCEMENTS - 1) Cities - County Meeting, Wednesday, March 22 ", 2006 at Noon.
2) Topping Off Ceremony - ICCU, March 15th, 2006 at 3:30 p.m.
At 9:47 p.m, Councilman Morgan moved, Councilman Quick seconded, with full council
approval to adjourn meeting.
;even jMEngland,41ayor
Ron C. Conlin, City Clerk