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HomeMy WebLinkAbout07 24 2007 CM125 COUNCIL MEETING MINUTES July 24`", 2007 Minutes of a regular meeting. held at the Chubbuck City Council Chambers, July 24th, 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. Meeting was called to order at 7:30 p.m. by Mayor Steven M. 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 July 17`h, 2007 and Regular Meeting Minutes of July 17`", 2007. Councilman Kearns moved to approve the Special Meeting Minutes of July 17"', 2007 and Regular Meeting Minutes of July 17t'', 2007 as read, Councilman Stoddard seconded. All council members voted in favor of motion. PUBLIC HEARING - An application by Gary Ratliff, 3960 South 2°d Avenue, Pocatello, Idaho for a preliminary plat for Garage Town Subdivision. The property is located at the north end of Burley Drive. Mayor England asked if anyone is in attendance for this public hearing. The was no one. Mayor England stated Gary Ratliff has asked this public hearing be tabled until he can be in attendance. Councilman Stoddard moved to table the Garage Town Subdivision Preliminary Plat Public Hearing until the August 14t'', 2007 Council Meeting, Councilman Kearns seconded. All council members voted in favor of motion. PUBLIC HEARING - An application by Todd Briscoe/Jay Roache, 5241 Hawthorne Road, Chubbuck, Idaho for a preliminary plat for Kaylee Subdivision. Property located at Hawthorne and Homestead Roads. David Romrell, Rocky Mountain Engineering, 448 W. 100 N, Blackfoot, Idaho presented the Kaylee Subdivision Preliminary Plat. PWD Smart recommended approval of the Kaylee Subdivision Preliminary Plat. Councilman Kearns expressed concern the lots can be subdivided. 127 COUNCIL MEETING MINUTES - (cont.) July 24~', 2007 PUBLIC HEARING - KAYLEE SUBDIVISION PRELIMINARY PLAT - (cont.) Mayor England declared the public hearing open, asking for comment in favor of the proposal, there being no comment Mayor England asked for comment opposed to the proposal. Vickie Hill, 5309 Hawthorne Road spoke against the proposal, stating there are too many homes being proposed. Mrs. Hill said she is not opposed to one home, but more than that is too many. Attorney Holmes stated if the Council denies this application, there will have to be specifics as to why the proposal is denied. Councilman Morgan moved to accept the Land Use & Development Commission's recommendation to approve the Kaylee Subdivision Preliminary Plat as presented, Councilman Stoddard seconded. Roll Call Vote: Quick, yes; Kearns, no; Stoddard, yes; Morgan, yes. PUBLIC HEARING -PROPOSED PETITION FOR JUDICIAL CONFIRMATION -Mayor England called this public hearing to order for consideration of the adoption of a resolution authorizing the filing of a petition for judicial confirmation under the Idaho Judicial Confirmation Law. The proposed petition will seek Judicial Confirmation of the power of the City (1) to incur an indebtedness as an "ordinary and necessary expense" of the City authorized by the general laws of the State, within the meaning of Article 8, Section 3, of the Idaho Constitution, in a principal amount not to exceed $1,400,000 for public sewer system improvements; 2} to enter into a loan agreement and to issue the promissory note or other evidence of indebtedness of the City for the same, for the purpose of financing the cost of necessary improvements to the public sewer system of the City; and (3) to pledge the City's sewer system revenues for the payment of such indebtedness for a term of not more than twenty (20) years. PWD Smart stated the City has been involved for 5 or 6 years trying to develop a means of establishing a sewer system in the North Bannock County Area. The primary consideration in trying to provide a sewer system in North Bannock County is to reduce impacts on our drinking water aquifer that are created by individual disposal systems. PWD Smart explained how we got to this point. PWD Smart stated the total cost for providing sewer services in the entire area of City Impact is approx. $40,000,000. PWD Smart explained the phases of the project, including the boundaries for each. COUNCIL MEETING MINUTES - (cont.) July 24~', 2007 129 PUBLIC HEARING -PROPOSED PETITION FOR JUDICIAL CONFIRMATION - (cont.) PWD Smart stated engineering costs for this project are estimated at $1,400,000. PWD .Smart stated the City of Chubbuck made application to Idaho Department of Environmental Quality for a loan from the State Revolving Fund. PWD Smart stated we have been given an offer from the State for this $1,400,000 for the engineering, the first phase of this project. The interest rate will be approx. 3.25%. PWD Smart stated the payment on the loan is anticipated to be repaid with connection fees. Mayor England declared the public hearing open. Tyler Medina, 4781 Misti asked what happens if we incur the debt and for some reason new development connection fees are not enough to repay the loan. PWD Smart stated the City of Chubbuck would be obligated to repay the loan through Enterprise Funding. Mr. Medina expressed concern about costs on the following phases and who would be responsible for them. PWD Smart stated the following phases will come as demand for housing is created. PWD Smart stated it is all a calculated risk, giving the experience of the past several years and the potential of contaminating the aquifer the City feels the risk is worth taking. Jason Mendehall, 4983 Pleasant View spoke in favor of the proposed Judicial Confirmation and asked the following questions; 1) Are the connection fees in place. PWD Smart stated the fees will have to be put in place by the Joint Powers Authority. 2) Is there enough time in between the connection fees being collected as to when the first payment of loan is due. Mayor England stated when the Joint Powers Authority meets within the next couple of weeks, the fees will be put into place. Wesley Morris, 6435 W. Pocatello Creek Road, Pocatello, Idaho asked who will pay the connection fees, the contractor, developer or buyer. PWD Smart explained how the connection fees will be collected. Carl Rees, 11366 Rio Vista Road, Pocatello asked what happens if the City does not get the Judicial Confirmation. Mayor England said the City would have to look at other ways to fund the project. There being no further public testimony, Mayor England closed the public hearing. Mayor England stated the Council will not adopt this resolution or take any further action on the resolution until the August 14`", 2007 Council Meeting. 131 COUNCIL MEETING MINUTES - (cont.) July 24th, 2007 PUBLIC HEARING - A Declaration of Intent to dispose of real property. It is the intent of the City to dispose of City Property -Lot 6, Block 2, Sunset West Subdivision. The property has an appraised value of $8,670. PWD Smart explained why the City is proposing to dispose of Lot 6, Block 2, Sunset West Subdivision. Mayor England declared the public hearing open, asking for public comment in favor of, neutral or opposed, there being no public comment, Mayor England declared the public hearing closed. Councilman Quick made motion to dispose of Lot 6, Block 2, Sunset West Subdivision as presented, Councilman Stoddard seconded. All council members voted in favor of motion. PUBLIC AUCTION -LOT 6, BLOCK 2, SUNSET WEST SUBDIVISION -Mayor England asked if there was anyone present that would make an offer of the appraised value of $8,670. There was no offer. Councilman Kearns moved to authorize Mayor England to enter into negotiations with other parties to sell Lot 6, Block 2, Sunset West Subdivision, subject to any proposed offer being brought back through Council for approval, Councilman Stoddard seconded. All council members voted in favor of motion. TEMPORARY VENDOR LICENSE APPLICATION -Smith's Chevrolet Co, Idaho Falls, Idaho has applied for a temporary business license to sell used cars at the Pine Ridge Mall Parking Lot from August 1St, 2007 through August 31 S`, 2007. All Departments recommended approval of the temporary vendor's license application. Councilman Kearns moved to grant Smith's Chevrolet Co, Idaho Falls, Idaho a temporary vendors license to sell use vehicles on the Pine Ridge Mall Parking Lot from August ls`, 2007 through August 31S`, 2007, Councilman Quick seconded. All council members voted in favor of motion. BUSINESS LICENSE APPLICATION -Nouveau Richie/Michael & Camille Biorn, 5156 Independence has applied for a business license to sell marketing products door to door in the City. The applicant was not in attendance at this meeting. Council agreed they wanted to know more about what these people are selling door to door. 133 COUNCIL MEETING MINUTES - (cont.) July 24~', 2007 BUSINESS LICENSE APPLICATION -NOUVEAU RICHIE - (cont.) Councilman Stoddard moved to table the business license application for Nouveau Richie/Camille Biorn until they are present to answer any questions the Council has, Councilman Morgan seconded. All council members voted in favor of motion. ORDINANCE -Amending Section 8.08.040 of the Chubbuck Municipal Code to require all applications for a fireworks permit to be submitted no later than May 15. Attorney Holmes read ordinance by title only for the second reading. Council tabled the ordinance until the August 14`'', 2007 Council Meeting. ORDINANCE -Adopting Section 15.04.100 to require each building site to provide toilet facilities; adopting Section 15.04.110 to require each building site to have adequate refuse collection facilities. PWD Smart explained the proposed ordinance. Attorney Holmes read ordinance by title only for the first reading. Council tabled the ordinance until the August 14th, 2007 Council Meeting. CLAIMS -Computer print-out claims presented to Mayor England and Council. Councilman Stoddard moved to approve computer print-out claims as presented, Councilman Morgan seconded. All council members voted in favor of motion. At 8:40 p.m, Councilman Morgan moved, Councilman Kearns seconded, with full council approval to adjourn meeting. teven M. Englan , ayor ~~ Ron C. Conlin, City Clerk LJ