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Home My WebLink About10 24 2006 CM I I I 235 COUNCIL MEETING MINUTES October 24th, 2006 Minutes of a regular meeting held at the Chubbuck City Council Chambers, October 24th, 2006. Present: Mayor StevenM.England, Council members Leroy S. Quick, Kent Kearns, Dennis Stoddard, RicbardMorgan, Attorney Thomas J. Holmes, Public Works Director Steven M. Smart andCit:yClerk Rone. 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. APPROV AL OF MINUTES.. Mayor England asked for corrections or additions to Regular Meeting CouncilMinutes of October 10th, 2006. Councilman Keat'nsrtloved to approve the Regular Meeting Minutes of October 10th, 2006 as read, Councillllan Quick seconded. All council members voted in favor of motion. PUBLIC HEARING-Atnending the 2005-2006 Fiscal Year Budget by appropriating additional monies received........;y...................~City.o.....f.)..Cbubbu.ck.. C.C Conlin presented the following additional expendituresand!'reVenues in the 2005-2006 FY Budget: PROPOSED EXPENDITURES Fire Department Expenditures - (EMS, Prevention, etc.) HS&R Maintenance - Over-Lay $300,000.00 $ 2.547.00 $302,547.00 TOTAL PROPOSED REVENUES Fire DepartmentGnmts - (EMS, Prevention, BLM, Etc.) Additional HS&J. Revenue $300,000.00 $ 2.547.00 $302,547.00 TOTAL Mayor England declared the public hearing open, there being no comment, Mayor England declaredtbe public hearing closed. I I I 237 COUNCIL MEETING MINUTES - (cont.) October 24th, 2006 ORDINANCE #625 - Amending Ordinance #600, the appropriation for the City of Chubbuck for the fiscal year commencing October 1st, 2005 and ending September 30th, 2006. Mayor England read Ordinance #625 by title only for the first and final reading. Councilman Morgan moved to dispense with rule of reading Ordinance #625 on three separate days, Councilman Stoddard seconded. Roll Call Vote: Quick, yes; Kearns, yes; Stoddard, yes; Morgan, yes. Councilman Kearns moved to adopt Ordinance #625 as read, Councilman Quick seconded. Roll Call Vote: Quick, yes; Kearns, yes; Stoddard, yes; Morgan, yes. APPEAL OF LAND USE AND DEVELOPMENT COMMISSION CONDITIONAL USE PERMIT DENIAL FORDARRIS ELLIS - A TWIN HOME AT 4654 GALENA STREET - Staff report stated the lot in question is bordered by City park on the north, twin-home lots on the east attdSOllth, and street frontage on the west. Across the street to the west are four single fatnilyresidential homes. The lot was not indicated on the plat to be a multi-family dwelling lot. The procedure is to designate a geographic area and conditionally pennitC'lustering of twin homes. The lot is adjacent to a cluster of twin homes and would be adding one twin home into to the cluster, totaling twelve in all. Before allowing another twin home in the requested location, a Defined Geographic Area must be established by the City Council. Darris Ellis, 4470 Wasatch explained why he would like to build a twin home at 4654 Galena Street. Mr.Ellis.stated if allowed to build the twin home, it would complete the look of the area with twin homes behind his lot, and to the south, and southeast of his lot. Mr. Ellis stated he felt the twin homes he builds blend well in the neighborhood of single family residents. Councilman Kearns asked Mr. Ellis why he did not include this twin home in the platting process. Darris Ellis stated he wished he would have included this twin home in the platting process. Mayor England asked for comment from the public. Anna Pierce, 4685 Galena stated if she would have known the property at 4654 Galena was going to have a twin home on it, she would not have purchased her property. Anna Pierce spoke against allowing a twin home to be built at 4654 Galena Street. I I I 239 COUNCIL MEETING MINUTES - (cont.) October 24th, 2006 APPEAL OF LAND USE & DEVELOPMENT COMMISSION CONDITIONAL USE PERMIT DENIAL FOR DARRIS ELLIS - Councilman Kearns moved to deny the appeal by Darris Ellis and accept the recommendation$: of the Land Use & Development Commission's decision to deny a conditional use ptnnit for a twin home to be constructed at 4654 Galena Street, Councilman Morgansecondetl; AU council members voted in favor of motion. DAY CARE F ACILITY'APtitICA:'rION - Tiare Clement, 5280 Stuart has applied for a day care facility license. to operate a daY care facility at 5280 Stuart. Seven children. Tiare Clement, 5280 Stuart explained her day care facility. All departments reeommendedapproval ofthe proposed day care facility application. Councilman Morgan moved to grant a day care facility license to Tiare Clement, 5280 Stuart to operate a day care facility for seven children at 5280 Stuart, Councilman Stoddard seconded. All council members voted in favor of motion. CHB DEVELOPMENT SUBDIVISION SHORT FINAL PLAT - Gary Brown, 2708 Mount Borah, PocateUo,ldabo prescmted the CHB Development Subdivision Final Plat. Discussion about cross access agreement with Wendy's Restaurant to the north. The cross access agreement is shown on the short final plat. PWD Smart recommended approval oftheCHBDevelopment Subdivision Short Final Plat. Councilman Keamsmoved to approve the CRB Development Subdivision Short Final Plat as presented,; Councilman Morgan seconded. All council members voted in favor of motion. ORDINANCE - AdoptittgSection 18.06.200 definition for residential rental dwelling; Amending Sectiotl.18.08.040 Schedule of General Controls as to residential use. Attorney Holmes read ordinance in full for the second reading. PWD Smart explained the ordinance and why it is being proposed. Councilman KeatfiS expressed concern about definition of a duplex, because duplexes are still not allowed inR-l. Councilman Kearns stated he does not have a problem with a family member,etc living with a daughter, son, etc, but beyond this he is not in favor. I I I 241 COUNCIL MEETING MINUTES - (cont.) October 24th, 2006 ORDINANCE - RESIDENTIAL RENTAL DWELLING - (cont.) After discussion, AttOtney Holmes stated he will modify the permit procedures of Section 18. 12.03(){P) to require a non-owner occupied property to have a conditional use permit whether or not the neighbors agree. Council tabled the ordinance until the November 14th, 2006 Council Meeting. ORDINANCE #626 - Am.ding an obsolete reference in Section 15.36.010; repealing prior conflicting ordinance; providing for the severability of the provisions of this ordinance. Attorney Holmes read Ordinance #626 in full for the first and final reading. Councilman Quicknwved to dispense with the rule of reading Ordinance #626 on three separate days, Co.eitman Stoddard seconded. Roll Call Vote: Quick, yes; Kearns, yes; Stoddard, yes; M~, yes. Councilman Motganmoved to adopt Ordinance #626 as read, Councilman Kearns seconded. Roll Call Vote: Quick, yes; Kearns, yes; Stoddard, yes; Morgan, yes. PROCLAMATION - "SCOUTING FOR FOOD WEEK" - Mayor England read the Scouting for Food Week Proclamation in full. Councilman Stod4ardtnovedtoauthorize Mayor England to proclaim "Scouting for Food Week" in the City of Chubbuck, November 11th, 2006 through November 18th, 2006, Councilm.MOrgan seconded. All council members voted in favor of motion. PROCLAMATION - "NATIONAL',AMERICANINDIAN HERITAGE MONTH" - Mayor England read th~<~~t~orml ~can Indian Heritage Month Proclamation in full. Councilman Qw~~ov~4 tq~thorize Mayor England to proclaim November, 2006 as National Am~fitdi3nmnUlge Month in the City of Chubbuck, Councilman Kearns seconded. All c01lncil members voted in favor of motion. ORDINANCE #627 - Providing for change of Land Use District with respect to certain lands within the boundaries of the City of Chubbuck located at 4170 Hawthorne Road from Dense Residential, (R.-4) to Limited Commercial, (C-I) and certain lands located at 4806 Hawthorne RoadfromLimited Residential, (R-2) to Limited Commercial, (C-1); declaring that the City Council finds that such change in Land Use District is compatible with the Land U$e Pattern prescribed by the City's Comprehensive Plan. I I I 243 COUNCIL MEETING MINUTES - (cont.) October 24th, 2006 ORDINANCE #627- (cont.) Councilman Morgan maved to dispense with the rule .of reading Ordinance #627 on three separate days, Councilman Stoddard secanded. Roll Call Vote: Quick, yes; Kearns, yes; Staddard, yes; Motgarl, yes. Cauncilman Morgan maved to adopt Ordinance #627 as read, Councilman Kearns seconded. Roll Call Vate: Quick, yes; Kearns, yes; Staddard, yes; Margan, yes. ACCEPTANCE OF OFFBROF DEDICATION - BRISCOE SUBDIVISION 4TH ADDITION - PWD Smart recotnmendedapproval .of the Acceptance .of Offer .of Dedicatian far Briscae Subdivisian 4th Addition. Cauncilman Stodl'W'dmaved ta accept the Offer .of Dedicatian .of Briscae Subdivisian 4th Additian as presented, Cauncilman Morgan secanded. All cauncil members vated in favar .of matian. ACCEPTANCE OF OFPEltOFDEDICATION - GARDEN PARK SUBDIVISION 1ST ADDITION - PWD. .....~~~ed approval .of the Acceptance of Offer .of Dedication for Garden Park Su vision 1 It Additian. Cauncilman Morgan moved to accept the Offer .of Dedicatian .of Garden Park Subdivisian 1st Addition, Cauncilman Staddard secanded. All cauncil members voted in favar .of motion. CLAIMS - Computer print-out claims presented ta Mayor England and Cauncil. Cauncilman M~ moved to approve the camputer print-aut claims as presented, Cauncilman Stoddard seconded. All cauncil members vated in favar .of mation. EXECUTIVE SESSION MEETING - At 8:31 p.m, Cauncilman Quick maved ta ga inta executive session meeting as autharized by Idaho Cade 67 -2345( c) ta discuss acquiring interest in real property which is nat .owned by a public agency. Rall Call Vate: Quick, yes; Kearns, yes; Stoddard, yes; Margan, yes. 100% .of Cauncil vated in favar .of mati on. Na final action or decision was made. At 8:55 p.m, Cauncilman Morgan moved ta adjaurn fram executive sessian meeting ta regular meeting, CouncilmanKeams seconded. All cauncil members vated in favor of motian. I I I 245 COUNCIL MEETING MINUTES - (cont.) October 24th, 2006 GENERAL DISCUSSION - 1. Sewer Task Force Meeting, Wednesday, November 1 st, 2006 at 10:00 a.m. at the Chubbuck City Council Chambers. 2. Discussion about making secondary irrigation water systems and standards for these systems more explicit in our ordinance. Attorney Holmes and PWD Smart will work on this. City will continue to work with Legislature and State Officials on water rights. At 9:30 p.m, CouncilmfUlMorgan moved, Councilman Kearns seconded, with full council approval to adjourn ~eting. AL~ Ron C. Conlin, City Clerk