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Home My WebLink About09 26 2006 CM I I I 215 COUNCIL MEETING MINUTES September 26th, 2006 Minutes of a regular meeting held at the Chubbuck City Council Chambers, September 26t\ 2006. Present: Mayor Steven M.England, Council members Leroy S. Quick, Kent Kearns, Dennis Stoddard, RicbardMorgan, Attorney Thomas J. Holmes, Public Works Director Steven M. Smart and City Clerk Ron C. Conlin. Meeting was called to order at 7:30 p.m. by Mayor England. PLEDGE ALLEGIANCE. TO THE FLAG was led by Councilman Richard Morgan. APPROVAL OF MINUTES - Mayor England asked for corrections and additions to the Special Meeting Minutes of September 12th, 2006 and Regular Meeting Minutes of September 12th, 2006. Councilman Kearns moved to approve the Special Meeting Minutes of September 12th, 2006 and Regular Meeting Minutes of September 12th, 2006 as read, subject to spelling corrections, Councilman Stoddard second. All council members voted in favor of motion. PUBLIC HEARING - AtJapplication by The Adams Company, 475 N. 300 West, Suite 204, Kaysville, Utah fot annexation and zone change to, R-I, R-2, R-3, R-4, C-I and C-2 as indicated on the Master Plan. The property is located west ofl-15, east of Hiline Road, north of Tree Valley Road and Bunce Subdivisions. Land Use & Development Commission recommended approval. David Adams, 475 N 300 W, Kaysville, Utah and Troy Sanders, 5151 S 900 E, Salt Lake City presented the proposed 400 acre Master Plan, (attached). Mr. Sanders stated the proposed 1-15 interchange at Siphon Road is taken into consideration on this Master Plan. Councilman Stoddard asked what they intend building in the small area off Elizabeth that is noted as R-3 and R-4. Mr. Sanders stated the applicant has not decided any specific plan as of yet. PWD Smart stated the proposal is out ofthe Urban Service Boundary. PWD Smart stated in order for the City to annex and re-zone the proposal, the water and sewer service issues in the area will have to be resolved. Councilman Kearns stated he does not have a problem with the concept of the proposal, but expressed concern. about the proposal being out of the Urban Service Boundary. Councilman Kearns expressed concern about Fire, Police, Water and Sewer services. I I I 217 COUNCIL MEETING MINUTES - (cont.) September 26th, 2006 PUBLIC HEARING - .THE ADAMSCOMP ANY - (cont) Mayor England declared the public hearing open. Paula Bunce, 5110 TreeValley Road spoke against the proposal. Mrs. Bunce is concerned the development is too large. Mrs. Bunce is concerned about access and traffic impact. Lyle Jensen, Hilme Road spoke in favor ofthe proposal. Don Lindsley, 804 Mark expressed concern the City will ask him to give up his property for a street. Mr. Lindsley stated he is not in favor of any of the R-4 zoning proposed near his property. Concern about streets and access. Mr. Lindsley spoke against the proposal. Kent Yost stated he is in favor of the development. Mr. Yost stated with this proposal the development will be developed by one developer rather than several, a piece at a time. Howard Blazer, S173.Tree Valley Road expressed concern about accesses and roads, safety of area. Mt.Blazer feltthere should be more R-l to buffer his subdivision. Mr. Blazer felt the e~ng residences should be protected. Larry Neaf, 5018 Mary Lane spoke against the proposal because of traffic safety concerns. Lana Neaf, 5018 Mary Lane spoke against the proposal with the following concerns: 1. Traffic 2. Safety of Children. 3. Access Roads. 4. Water and sewer issues. There being no fUr!her comment, Mayor England declared the public hearing closed. David Adams re~~ded t9 the concerns: 1. Access roads onsQ8th side of the project. 2. Sewer and water issues. 3. Safetyissucs. 4. Mr. Adams stated there will be some apartments. I I I 219 COUNCIL MEETING MINUTES - (cont.) September 26th, 2006 PUBLIC HEARING -THE ADAMS COMPANY - (cont.) Mr. Adams stated he is here to see if the City is interested in changing the Urban Service Boundary to accotlUtlodatewater and sewer to the proposal. Mr. Adams stated, if the City has no interest in>including the proposal in the Urban Service Boundary, they will not pursue. Mayor England stated the North Bannock County Sewer Task Force is working on the sewer concerns. Mayor England stated he felt that it is, when we get a North Bannock County Sewer ~~t~ extension,not if. Mayor England stated he felt the City can work with the deve~'~d1someJdndof development agreement over the next few months that will be sa~~~~ t()~e COWlcil, tha~ would meet our Urban Service Boundary requirements. ".'~'" Councilman Stoddard stated he has concern with Urban Service Boundary and Density of the proposal. Councilman Keamsmoved to accept the Land Use & Development Commission's recommendatioll;toapprove the application by The Adams Company for annexation and zone change to R...l,R-2,R-3, C-l and C-2 as indicated on the Master Plan subject to; 1) Successful exten$ionofChubbuck Urban Service Boundary, 2) City being able to provide aU City Services to property, 3) Successful negotiations of a development agreement with developer, Councilman Morgan seconded. All council members voted in favor of motion. PUBLIC HEARING - An application by Samual McNabb, (Sam Trust) and Margaret McNabb, (M/MF Ltd P~p) of 14053 W. Tyhee Road, Pocatello, Idaho 83202 for annexation and a zone chattletoAgricultw'al, (A). Property is located at southeast comer ofW. ChubbucklPhilbb'lR.oad. The Land Use and Development Commission recommended approval. Gerald McNabb, 12973 N. Philbin Road presented the application for request of annexation and ZOne change. Mayor England declared the public hearing open, there being no comment Mayor England declatedthe public hearing closed. Councilman Kearns moved to ,accept the Land Use & Development Commission's recommendation<toapprove the application by Samual McNabb, Sam Trust and Margaret McNabb for annexation and zone change to Agricultural, (A) on property located south of West ChubbucklPh.ilbin Roads, Councilman Stoddard seconded. All council members voted in favor of motion. I I I 221 COUNCIL MEETING MINUTES - (cont.) September 26ili, 2006 PUBLIC HEARING - Atl application by School District #25/Bart Reed, 3115 Poleline Road, Pocatello, Idaho for annexation and a zone change to Agricultural, (A). Property is located south ofW. Chubbuck Road, west of Park Meadows Subdivision on Independence Ave, and east of Philbin Road. The Land Use and Development Commission recommended approval with a zoning change to Single Family, (R-1). PWD Smart stated the original application was for a zone change to Agricultural, (A), the Land Use and Development Commission recommended the zone change be Single Family Residential, (R-l ). Mayor England declared the public hearing open, there being no comment Mayor England declared the public hearing closed. Councilman Stoddard moved to accept the Land Use & Development Commission's recommendatiorrtoapprove the application by School District #25/Bart Reed for annexation andaz()tle change to Single Family Residential, (R-1), Councilman Kearns seconded. AU council members voted in favor of motion. PUBLIC HEARING - NEW FIRE DEPARTMENT PERMIT AND FEE SCHEDULE - Fire Chief Eric King presented the proposed Fire Department Permit and Fee Schedule - (Attached). Mayor England declared the public hearing open, there being no comment, Mayor England closed the public hearing. Councilman Morgan moved to approve the New Fire Department Permit and Fee Schedule as presented,.Councilman Kearns seconded. All council members voted in favor of motion. RESOLUTION #13-2006 .<New Fire Department Permit and Fee Schedule. Attorney Holme5r~ R.esoltttion #13-2006 by title only. Councilman S~d1nOve<ttQadopt Resolution #13..2006 as presented, Councilman Kearns seconded. All counci~members voted in favor of motion. I I I 223 COUNCIL MEETING MINUTES - (cont.) September 26th, 2006 ORDINANCE #622 - Annexing certain lands to be included within the boundaries and jurisdictional limits of the City of Chubbuck McNabb Property School District #25 Property Attorney Holmes read Ordinance #622 by title only for the first and final reading. Councilman Morgan moved to dispense with the rule of reading Ordinance #622 in full and on three separate days, Councilman Kearns seconded. Roll Call Vote: Quick, yes; Kearns, yes; Stoddard, yes; Morgan, yes. Councilman Keatnsmoved to adopt Ordinance #622 as read, Councilman Morgan seconded. Roll Call Vote: Quick, yes; Kearns, yes; Stoddard, yes; Morgan, yes. APPEAL - DAY CARE FACILITY LICENSE DENIAL - Police Chief Randy Severe stated he sent a letter, (attached) to Katie Branson advising her the City of Chubbuck has denied her a child care facility business license. Katie will not be able to continue operating a child care business as long as her husband John Anderson is home. They just recently got married. John Anderson, 558 Alamo stated he does not have anything to do with the day care facility, he works outside their home. Mr. Anderson stated most ofthe children in the day care facility are family. Mr. Anderson stated he does not understand why Katie Branson would be denied a child care facility license because of his record. Mr. Anderson stated, what he does hav-e on record has long since been resolved. PC Randy Severe explained why the letter was sent to Katie Branson. Mr. Anderson's record happened in 2002. PC Severe stated he usually places a five year statute of limitations on these concerns and denied the application. PC Severe then told Katie Branson and John Anderson they can appeal to the City Council. PC Severe stated if the Council felt they wanted to change the five year statute of limitations he would not have a problem with it. PC Severe stated Mr. Anderson is about five months away from the statute of limitations. Councilman Kearns moved to grant Katie Branson Anderson and John Anderson, 558 Alamo a child care facility license subject to; 1) All children's parents at the day care are required to present a signed statement stating they are aware of Katie Branson's husband's John Anderson's past history, 2) Release of all liability on the City of Chubbuck. 3) This requirement in effect until March, 2007,4) Approval of format and wording of the letter subject to Attorney Holmes approval, Councilman Stoddard seconded. All council members voted in favor of motion. I I I 225 COUNCIL MEETING MINUTES - (cont.) September 26ili, 2006 ORDINANCE #623 - Amending Section 2.28.020 ofthe Chubbuck Municipal Code to remove obsolete provisions with respect to the Land Use & Development Commission Resolution #12-2006 - Land Use and Development Commission Members. Attorney Holmes read Ordinance #623 by title only for the first and final reading. Councilman Morgan moved to dispense with rule of reading Ordinance #623 on three separate days, Councilman Stoddard seconded. Roll Call Vote: Quick, yes; Kearns, yes; Stoddard, yes; Morgan. yes. Councilman Stoddard moved to adopt Ordinance #623 as read, Councilman Kearns seconded. Roll Call Vote: Quick, yes; Stoddard, yes; Kearns, yes; Morgan, yes. RESOLUTION #12-200~ - Land Use & Development Commission Member terms. Mayor England read Resolution #12-2006 in full. Councilman Morgan moved to adopt Resolution #12.2006 as read, Councilman Stoddard seconded. All council members voted in favor of motion. PROCLAMA TION- ~F~t'ItB~ON WEEK" . Mayor England read Fire Prevention Week Proclamation in fulL Councilman Quiok moved to"thorize Mayor England to proclaim October 8th.October 14t\ 2006 as "Fire Prevention Week" , Councilman Kearns seconded. All council members voted in favor of motion. CITY OF POCATELLOSEWER RATE RESOLUTION #2006-29 DISCUSSION - PWD Smart passed to Mayor England and Council copies of City ofPocatello's Sewer Charges and Sewer Capacity Fee Rate Resolution that will be assessed, January 151, 2007. PWD Smart explained the increases that will be assessed to the City of Chubbuck. CITY OF CHUBBUCK AND CHUBBUCK FIREFIGHTERS LOCAL 41552006-2007 UNION AGREEMENT - Mayor England stated this contract is for one year only. Attorney Holmes went through the changes in the union contract. Councilman Kearns moved to approve the Chubbuck Fire Fighters Local 4155, 2006- 2007 Union Conttactas presented, Councilman Stoddard seconded. All council members voted in favor of motion. I I I 227 COUNCIL MEETING MINUTES - (cont.) September 26th, 2007 CLAIMS - Computer print..out claims presented to Mayor Cotant and Council. Councilman Stoddard moved to approve computer print-out claims as presented, Councilman Kearns seconded. All council members voted in favor of motion. At 9:52 p.m, Councilman Morgan moved, Councilman Stoddard seconded, with full council approval to adjourn meeting. ~t~ Ron C. Conlin, City Clerk ~ .~ ;- V. l ~ :0 .-.,. CHUBBUCK POLICE DEPARTMENT K. RANDY SEVERE Chief of Police D. KEN QUINN Asst. Chief of Police 5160 Yellowstone Avenue P.O. Box 5604 Chubbuck, Idaho 83202-5604 DIspatch Phone (208) 237-7172 Records Office (208) 238-2376 DetectiW.s (208) 238-2374 or 238-2375 "Emergency 9-1-1" Fax (208)237-0944 . . September 20, 2006 John Anderson & Kat.ie6ranson 55..8 Alamo Chubbuck, 10 83202 RE: Applicat.ion for Oay Care License -~r.-Mr.-Andel 60n& Ms.6r8n6on: I am writ.ing t.his letter to Inform you that. John's applicat.ion for a resident. day care license in t.he City of Chubbuck ha61?een denied .due to informat.ion found during t.he complet.ion of t.he background check. Kati8wiU net b8 2J!ible to continue operating a child care business as long as John is a resident. of thehol11e. If you woul.d like to appeatt.his decision, you may appear before t.he Cit.y Council at. t.heir next scheduled Cit.~Cil ~g, which is September 26t.h at.7:3~ pm. To be placed on t.he agenda con'ta Ron Conli. . the ci"ty offices at. 237-2400. ~ If you have any quest.ion6.;plaat!ie feel free to give me a call, 238-2376. .... \ . Sincerely. t06--Y78(p K. Randy Sev e Chief of Police -- -. SUPERINTENDENT'S OFFICE (208) 234-6254 WASTEWATER TREATMENT PLANT (208) 234-6256 Fax: (208) 237-3927 WATEft POLLUTION CONTROL DEPARTMENT P.O. 80s 4169 PocateIlo. .ldahQ83205 Mr. Steve Smart City of Chubbuck PO Box 5604 Chubbuck, ID 83020..0006 September 13, 2006 Dear Mr. Smart, Enclosed for your use isa copy ofPocatello's Sewer Rate Resolution No. 2006-29. The resolution relates to revised rates that may effect your Industrial wastewater treatment total costs. The newtateswillbegin October 01,2006 and be in effect through September 30, 2007.. As.you will notice,.tllete are some new Industrial Facilities strength charges that have been added; Total ~horus (P) and Total kteldahl nitrogren (TKN). These strength charges are requireda$aconditionofPocatello's Federal Discharge Permit limitations. If you bave any questions,pleaseeontact our office at (208) 234-6254. Sincerely, Cindi D. Cra ld WPC Administrative Asst. cc: IV File End: Resolution No.:2006-29 * Recycled L0.~L RESOLUTION NO. 2006- 2.C) A RESOLUTION OF 11fE CITY OF POCATELLO, A MUNICIPAL CORPORATION OF IDAHO, REVISING SANITARY SEWER RATES, SYSTEM CAPACITY FEES, EXCESSIVE STRENGTH CHARGES, AND OTHER SPECIAL CHARGES PREVIOUSLY SET BY RESOLUTION NO. 2005-32; PROVIDING FOR SUCH RATES AND FEES TO BE EFFECTIVE OCTOBER 1,2006, TIIROUGH SEPTEMBER 30, 2007. WHERBAS,.Poc:atello Municipal Code Section 13.16.180 authorizes sanitary sewer rates and planteapacityfees to be set from time to time by Resolution; and, WHEREAS, the City Council retained the engineering firm of Black and Veatch to prepare arato $t\ldy to project revenues and costs for 2006-2010 and to recommend necessary sanitary sewer tatesthereafter; and WHER.EAS, the City Council has determined that fees and charges for the sanitary sewer systel1'laspreviouslyset by Resolution No. 2005-32 should be revised for Fiscal Year 2007 ina~rdance with that study; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF POCATELLO THAT SEWER RATES AND FEES FOR FISCAL 2007 SHALLBE AS FOLLOWS: NORMAL Snq;NJ.i8lJU~$ Metered faeilities Residential, singleJamily Residentialmulti..family, commercial, and all others ........ ..... Monthly service charge, per bill Volume chaise per 1,OOOpls. Non-metered faciUtt. All users will be billed a flat monthly charge based on the average annual consumption of the most comparable metered use at the rates listed above. Billings for multi-family residential and commercial uses witbbl.1t summer lines will be a flat monthly rate throughout the year derived by averaging the gallonage cl1at1es, as set herein, for water use during the months of November through April of the previous year. Inside City Outside City $19.60/mo. $23.55/mo. $2.55 $2.67 $3.05 $3.19 , . ,.......,....1'.. CHUBBUCK MUNtCIP6LS~ARY SEWER SYSTEM Monthly servic:echarge,petbill $2.55 Volume charg~per 1,000 sws. $2.67 South ofI-86 Volume charge, per 1,000 gals. $1.94 North ofI-86 INDUSTRIAL FACI.LfI1ES (abnormal strengths or volumes, multiple meters, meters larger than 2" or BODs andlol'total.$USpe1lded solids greater than 200 ppm) Monthly servi~e cb.arge,. per bill Volume charge,>per 1,000 gals BOD charges, per pound Total kteldahlJ1itrogen(TKN), per lb. Suspended solids, per lb. Total phosphol'uS(P), per lb. Fats, oUs, grease, per lb. Domestic Septage Disposal Volume charPtper gallon. SYSTEM CAPAqTY~ES ResidentiaJ/CommertillUsen $2.55 $1.51 $0.23 $1.09 (on amounts greater than 35 mgll) $0.31 $4.78 (on amounts greater than 7 mgll) $0.1 0 (on amounts greater than 100 mg/l) $0.0622 Treatment Plant 3/4" water COtlnection 1" water conuection 1 1/2" water connection 2" water connection. Effective Januarv 1.2007 .75 x $1,020.00 = $765.00 .75 x $1,020.00 = $765.00 .75 x $2,040.00 = $1530.00 .75 x $3,260.00 = $2,445.00 Collection Svstelll 3/4" water connection 1" water connection 1 1/2" waterccmnection 2" water connection .75 x $670.00 = $502.50 .75 x $670.00 = $502.50 .75 x $1,340.00 = $1,005.00 .75 x $2,140.00 = $1,605.00 TreatmenfPlant 3/4" watettODDection 1" water connection 1 1/211 waterC()l'ltleCtion 2" water connection Effective Seotember 30. 2007 1.00 x $1,020.00 = $1,020.00 1.00 x $1,020.00 = $1,020.00 1.00 x $2,040.00 = $2,040.00 1.00 x $3,260.00 = $3,260.00 Collection S~.. 3/4" water connection. III water connecU()U 1 1/2" waterconnection. 2" water conn.ection Effective SeDtember 30. 2007 RESOLUTION 1.00 x $670.00 = 1.00 x $670.00 = 1.00 x $1,340.00 = 1.00 x $2,140.00 = -2- $670.00 $670.00 $1,340.00 $2,140.00 Industrial Users <abnonnalstreagths or volumes, multiple meters, meters larger than 2" or BODs and/or total suspended solids greater than 200 ppm) Collection system, per 1,000 galsJyr. Volume charge, per 1,000 gals.lyr. BODcharge;perlb.lyr. TSS charge, petpou,nd/yr $3.97 $3.06 $1.07 $1.18 BE ITF'tJRlHER RESOLVED THAT fees apply to owners or occupants ofland, buildings, or premiseS.!'eqUiring saaitaryservices, which ate either connected to the sanitary sewer system or would berequitedto be connected to said system pursuant to Municipal Code S 13.16.080. BE ITFtJItTHER RESOLVED THAT persons who qualify for Bannock County's Circuit Breaker Exet11pdonList,andown and occupy a single-family residence, shall receive a 30% reduction on that porti.onoftheir utility bi1llisted as "Sewer" or "Sanitary Sewer." Upon receipt of the Circuit Breaker Exemption Listfrottl Bannock County, the City Utility Billing Department shall make the reduction, which $ball remain in effect so long as the applicant meets the requirements set forth herein. BE. ITF'URTHER RESOLVED THAT the above fees and rates, shall be effective from Octo"-1,2006,throl1gh September 30, 2007. RESOiVED this .Jl~ day of August, 2006. CITY OF POCATELLO, a municipal corporation of Idaho ~s~~ ATIEST: ~ ....... (KHo~ld8.~ 1 RESOLUTION -3-