HomeMy WebLinkAbout05 22 2007 CMCOUNCIL MEETING MINUTES
May 22 "d, 2007
Minutes of a regular meeting held at the Chubbuck City Council Chambers, May 22 "d, 2007.
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 Councilman Richard Morgan.
APPROVAL OF MINUTES - Mayor England asked for corrections and additions to the regular
meeting minutes of May 8", 2007.
Councilman Kearns moved to approve regular meeting minutes of May 8', 2007 as read,
Councilman Quick seconded. All council members voted in favor of motion.
AMERICAN CANCER SOCIETY'S RELAY FOR LIFE PROCLAMATION - Mayor England
read the "American Cancer Society's Relay for Life Proclamation" in full.
„^ Councilman Kearns moved to authorize Mayor England to proclaim June 1", 2007 as
"Paint Our Town Purple Day ", (Purple Ribbon Campaign), and July 13" and 14", 2007
as "Relay For Life Days" throughout the City of Chubbuck, Councilman Stoddard
seconded. All council members voted in favor of motion.
PUBLIC HEARING - An application by Doug Briscoe / Dioptra Geomatics, 325 Briscoe for an
annexation and zone change to Limited Residential, (R -2) for the Briscoe Estates
Subdivision 5" Addition. The property is located north of the existing Briscoe Estates
Subdivision. Property is presently zoned, Agricultural, (A). The requested zone change is
to Limited Residential, (R -2). Land Use & Development Commission recommends
approval.
City Clerk Ron Conlin received and passed to Council an Objection to annexation, zone
change and preliminary plat for Briscoe Estates Subdivision from Darris Ellis, 4470
Wasatch, Chubbuck, Idaho dated April 24`", 2007 and May 15`", 2007.
Rodney Burch, Dioptra Geomatics, 325 Briscoe presented the annexation and zone
change request.
Staff stated this is a continuation of the Briscoe Estates Subdivision, Addition 5. The
Addition will ultimately connect on the north to Cambridge Estates Subdivision. Staff
reported the application is consistent with the Comprehensive Plan.
Mayor England declared the public hearing open, there being no comment, Mayor
England declared the public hearing closed.
COUNCIL MEETING MINUTES - (cont.)
May 22 "d, 2007
PUBLIC HEARING - ANNEXATION AND ZONE CHANGE FOR BRISCOE ESTATES
SUBDIVISION - (cont.)
Councilman Kearns asked about issues raised by Darris Ellis opposition.
Attorney Holmes stated Darris Ellis might possibly have Right of First Refusal, this will
be sorted out by a Court determining whether or not, Mr. Ellis's Right of First Refusal is
triggered. Attorney Holmes stated the City is not going to get into whether, or not Mr.
Ellis's Right of First Refusal is applicable.
Councilman Quick moved to accept the Land Use & Development Commission's
recommendation to approve the application by Doug Briscoe/Dioptra Geomatics for
annexation and zone change to Limited Residential, (R -2), for the Briscoe Estates
Subdivision 5" Addition, Councilman Stoddard seconded. All council members voted in
favor of motion.
PUBLIC HEARING - An application by Dioptra Geomatics, 4922 Ave, Suite J, Chubbuck,
Idaho for a preliminary plat for Briscoe Estates Subdivision 5`" Addition. Property is
located between Hiline and Whitaker Roads, Cambridge Estates & Briscoe 4`" Addition.
The Land Use & Development Commission recommends approval.
Rodney Burch, Dioptra Geomatics presented the Briscoe Estates Subdivision 5" Addition
Preliminary Plat. Mr. Burch stated the 5" Addition consists of 66 single family residential
lots and a 1.8 acre park. Mr. Burch explained where and why the proposed park is located
where it is. Rodney Burch stated, as of now there are no plans for a pressurized irrigation
system in the 5t' Addition. Mr. Burch stated there are no twin home lots in the Briscoe
Estates Subdivision 5" Addition proposal.
Councilman Stoddard stated he would encourage a pressurized irrigation system be
considered.
Mayor England declared the public hearing open.
Tausha Baker, 468 Pocano Street asked if there is a sidewalk and fence required along
Whitaker Road.
PWD Smart stated the developers are required to install a sidewalk and fence along
Whitaker Road.
There being no further public comment, Mayor England declared the public hearing
closed.
M
COUNCIL MEETING MINUTES - (cont.)
May 22 "d, 2007
PUBLIC HEARING - BRISCOE ESTATES SUBDIVISION 5Th ADDITION PRELIMINARY
PLAT - (cont.)
Councilman Stoddard moved to accept the Land Use & Development Commission's
recommendation to approve the Briscoe Estates Subdivision 5" Addition Preliminary Plat
as presented, Councilman Quick seconded. All council members voted in favor of
motion.
COUNCIL MAY WISH TO APPROVE NEGOTIATED SALE OF LOT 1, BLOCK 2, PARK
MEADOWS 4Th ADDITION - PWD Smart explained the proposed sale of Lot 1, Block 2 of
Park Meadows 4th Addition. PWD Smart said at the last meeting it was considered.
There was a public hearing for an auction, there were no bidders. Since then Mayor
England has negotiated a sale with Darris Ellis in the amount of $500.
Councilman Kearns moved to approve the negotiated sale of Lot 1, Block 2, Park
Meadows 4" Addition, Councilman Morgan seconded. All council members voted in
favor of motion.
SUNSET WEST DIVISION NO. 5 FINAL PLAT - PWD Smart presented the Sunset West
Division #5 Final Plan and recommend approval.
Councilman Stoddard moved to approve the Sunset West Division No. 5 Final Plat as
presented, Councilman Morgan seconded. All council members voted in favor of motion.
ORDINANCE - Adding Section 16.23.230 to the Chubbuck Municipal Code to require all
developments to install a secondary pressure irrigation system if there are agricultural
water rights associated with the land being developed, setting standard for such systems;
providing such systems may be dedicated to the City and, upon acceptance, shall be a
utility maintained by the City.
Mayor England and Attorney Holmes read the ordinance in full for the second reading.
Council tabled the ordinance until the June 26th, 2007 Council Meeting.
ORDINANCE - Amending Section 9.23.010 to revise those activities to which the section does
not apply; amending Section 16.16.020 to revise the hours for operation of construction
activities.
Attorney Holmes read ordinance by title only for the second reading.
Council tabled the ordinance until the June 26 th, 2007 Council Meeting.
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COUNCIL MEETING MINUTES - (cont.)
May 22 "d, 2007
ORDINANCE - Amending Section 9.20.021 and 9.20.023 to provide for annual licenses for
animal control to run from June 1 st to May 31" instead of on a calendar year.
Attorney Holmes read ordinance in full for the second reading.
Council tabled the ordinance until the June 26", 2007 Council Meeting.
ORDINANCE #640 - Annexing certain lands generally known as Sunset West Phases 6, 7 and 8
to be included within the boundaries and jurisdictional limits of the City of Chubbuck -
Sunset West Phases 6, 7 and 8.
Attorney Holmes read Ordinance #640 in full for the first and final reading.
Councilman Stoddard moved to dispense with the rule of reading Ordinance #640 on
three separate days, Councilman Quick seconded. Roll Call Vote: Quick, yes; Kearns,
yes; Stoddard, yes; Morgan, yes.
Councilman Morgan moved to adopt Ordinance #640 as read, Councilman Kearns
seconded. Roll Call Vote: Quick, yes; Kearns, yes; Stoddard, yes; Morgan, yes.
APPROVAL OF APPOINTMENT TO LAND USE & DEVELOPMENT COMMISSION -
Mayor England recommended the following appointment to Land Use & Development
Commission.
James Eborn Seat 5 Term to expire June 1", 2011
Councilman Quick moved to authorize Mayor England to appoint James Ebom, 10912 N.
Traughber Road to the Land Use & Development Commission, with term to expire June
1", 2011, Councilman Stoddard 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 Stoddard seconded. All council members voted in favor of motion.
At 8:20 p.m, Councilman Quick moved, Councilman Stoddard seco ed th full c
approval to adjourn meeting.
even M. England, yor
Ron C. Conlin, City Clerk