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HomeMy WebLinkAbout12 11 2007 CM 221 COUNCIL MEETING MINUTES th December 11, 2007 th Minutes of a regular meeting held at the Chubbuck City Council Chambers, December 11, 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 England. PLEDGE ALLEGIANCE TO THE FLAG was led by Councilman Richard Morgan. APPROVAL OF MINUTES - Mayor England asked for corrections and additions to the regular th meeting minutes of November 27, 2007. th Councilman Kearns moved to approve the regular meeting minutes of November 27, 2007, subject to typo corrections, Councilman Morgan seconded. All council members present voted in favor of motion. PUBLIC HEARING - An application by Alpine Animal Hospital, 4000 Yellowstone Ave, Pocatello, Idaho for a change of Land Use District from Limited Family Residential, (R-2) to Industrial, (I). Property is located at 4600 Block of Burley Ave, sw corner of Burley and E. Linden Ave. Land Use & Development Commission recommends approval. Matt Dredge, 645 Alpine, Chubbuck, Idaho explained why he is applying for a change of Land Use District on property at 4600 Block of Burley Drive, sw corner of Burley Drive and E. Linden Ave. PWD Smart stated the application is consistent with the City’s Comprehensive Plan and recommends approval. Mayor England declared the public hearing open, there being no comment, for, neutral or against, Mayor England declared the public hearing closed. Councilman Kearns moved to approve the application by Alpine Animal Hospital for a change of Land Use District from Limited Family Residential, (R-2) to Industrial, (I) on property located at 4600 Block of Burley Drive, sw corner of Burley and E. Linden Ave, Councilman Quick seconded. All council members voted in favor of motion. 223 CITY COUNCIL MEETING MINUTES - (cont.) th December 11, 2007 PUBLIC HEARING - An application by the City of Chubbuck, 5160 Yellowstone Ave, Chubbuck, Idaho to annex the street right-of-way that was inadvertently missed due to the legal description being in error on W. Chubbuck Road bordering Brookstone Estates south boundary. The property is zoned Single Family Residential, (R-1). The Land Use & Development Commission recommends approval. PWD Smart explained why the application was submitted and recommended the application to annex the street right-of-way be approved. Mayor England declared the public hearing open, there being no comment in favor, neutral or opposed, Mayor England declared the public hearing closed. Councilman Morgan moved to annex the street right-of-way that was inadvertently missed due to the legal description being in error on W. Chubbuck Road bordering the Brookstone Estates south boundary, Councilman Stoddard seconded. All council members voted in favor of motion. PROPOSED HOLT ARENA BOND ELECTION DISCUSSION - Mayor England presented information on what has led up to the proposed Holt Arena Bond Election. Mayor England stated athletic facilities on campuses in Idaho are not State Funded. They are required to be funded by local contributions, alumni, etc. Mayor England stated the amount of the GOB should be $24,000,000, with $20,000,000 to do the upgrade and refurbishing, the other $4,000,000 will be put into an endowment fund that would provide for the maintenance and replacement of equipment over the years. Mayor England stated there will be some kind of user fee. Mayor England stated the General Obligation Bond th Election is scheduled to be held on February 5, 2008. This GOB will require a 2/3 vote of both the City of Pocatello and City of Chubbuck property owners. Mayor England stated there will be a media blitz in January. Councilman Kearns stated he does not have a problem taking this to the voters. Councilman Kearns expressed concern County residents are not involved. Councilman Morgan stated he understands the City of Chubbuck is limited to General Obligation Bonding at 2% of the assessed market valuation, which would limit the City to $7,500,000 in General Obligations Bonds. CC Conlin stated the City has zero General Obligation Bonds at this time, the $4,105,687 debt includes water tank rehabilitation, water and sewer revenue bonds, police car and equipment debt, also includes the North Bannock County Sewer Judicial Confirmation just approved, also debt to take over the sanitation services in the City. 225 COUNCIL MEETING MINUTES December 11, 2007 PROPOSED HOLT ARENA BOND ELECTION DISCUSSION - (cont.) Councilman Morgan expressed concern the City will be maxed out and will not be able to do future projects such as, if needed additional fire stations and North Bannock County Sewer Project. Attorney Holmes stated he will verify with bond counsel the 2% of the assessed market valuation applies only to General Obligation Bonds and not total debt. Mayor England stated on a home of $100,000 taxable property, the impact will be approx $77 to $78 dollars annually. ORDINANCE #652 - Calling a Special General Obligation Bond Election for the purpose of submitting to the qualified electors of the City of Chubbuck, Idaho the proposition of the issuance of up to $3,840,000 General Obligation Public Building Bonds of the City of Chubbuck, Idaho; establishing an official ballot, establishing the qualifications for voters and the hours when polls will be open; certifying that the obligations of the will not exceed certain limits; calling for the printing and distribution of ballots and for the publication of the sample ballot and notice of the elections; providing for the language for the public notice; providing for the issuance of bonds upon the successful passage of the issue by the voters; calling for a Special Public Meeting after the election to canvass the results; calling for the levy of a tax as needed to pay such bonds; and providing an effective date, the rule requiring three separate readings having been dispensed with. Attorney Holmes read Ordinance #652 by title only for the first and final reading. Councilman Stoddard moved to dispense with the rule of reading Ordinance #652 on three separate days, Councilman Kearns seconded. Roll Call Vote: Quick, yes; Morgan, yes; Stoddard, yes; Kearns, yes. Councilman Kearns moved to adopt Ordinance #652 as presented, Councilman Quick seconded. Roll Call Vote: Kearns, yes; Stoddard, yes; Morgan, yes; Quick, yes. KAYLEE ESTATES STREET IMPROVEMENT WAIVER - Bryce Jolley, Harper- Leavitt Engineering stated Todd and Wendy Briscoe, developers of Kaylee Estates recently asked for a waiver on City Code 16.12.020 (q): Pedestrian walks on both sides of a street, within the street right -of -way, together with concrete curbs and gutters approved by the City, the waiver was accepted on Hawthorne Road, but not on Homestead. After further design and meeting with City Engineers we have come upon some problem areas. 227 COUNCIL MEETING MINUTES - (cont.) December 11 ", 2007 KAYLEE ESTATES STREET IMPROVEMENT WAIVER - (cont) Mr. Jolley stated the problem areas are as follows: 1. Five trees will have to be removed. 2. One power pole will have to be relocated. 3. One fire hydrant will have to be relocated. 4. One telephone pedestal will have to be relocated. 5. Four fences will have to be removed and replaced. 6. The driveway and railroad tie retaining wall are 2.5 feet higher than a gravel bed and the lawn. 7. A 14.5'x 12' shed will have to be relocated. 8. The gas and telephone lines are located on the south side of the house which could cause a problem. 9. The existing asphalt on Homestead will have to be saw cut and removed and an additional 12' of asphalt will have to be replaced. Mr. Jolley asked the Council to consider a waiver of City Code 16.12.020 (q) for Kaylee Estates Subdivision. PWD Smart recommended the following regarding the waiver of curb /gutter /sidewalk in Kaylee Subdivision. PWD Smart stated Staff still feels the same now as then, and feels that the remaining development of the easterly portion of Homestead needs to conform to city development requirement and be consistent with development requirements already completed in Homestead Estates Subdivision, west of this location. Staff also feels badly about the developer having to remove landscaping and a small shed, but feels that this waiver request is not in the best interest of ultimate development requirements. Councilman Kearns moved to deny the waiver request by Todd and Wendy Briscoe, developers of Kaylee Estates for a waiver of curb /gutter /sidewalk on Homestead Road, Councilman Stoddard seconded. All council members voted in favor of motion. TAILWIND SUBDIVISION ACCEPTANCE OF OFFER OF DEDICATION - PWD Smart explained the offer of dedication. Councilman Stoddard moved to approve the Tailwind Subdivision Acceptance of Offer of Dedication, Councilman Morgan seconded. All council members voted in favor of motion. 229 COUNCIL MEETING MINUTES - (cont.) December 11 `h, 2007 RESOLUTION #17 -2007 - Amending the rates to be charged by the City for Garbage Collection of Large Container /Roll -off service. Councilman Morgan moved to adopt Resolution #17 -2007 as read, Councilman Kearns seconded. All council members voted in favor of motion. ORDINANCE #653 - Adopting Section 16.16.140 to require each construction site to provide toilet facilities; adopting Section 16.16.150 to require each construction site to have adequate refuse collections facilities; amending certain provisions for landscaping in Chapter 18.14. Councilman Stoddard moved to dispense with the rule of reading Ordinance #653 on three separate days, one of which is in full, Councilman Kearns seconded. Roll Call Vote: Quick, yes; Kearns, yes; Stoddard, yes; Morgan, yes. Councilman Morgan moved to adopt Ordinance #653 as read, Councilman Quick seconded. Roll Call Vote: Quick, yes; Kearns, yes; Stoddard, yes; Morgan, yes. ORDINANCE #654 - 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 collections facilities. Attorney Holmes read Ordinance #654 by title for the third and final reading. Councilman Kearns moved to dispense with the rule of reading Ordinance #654 on three separate days, one of which is in full, Councilman Stoddard seconded. Roll Call Vote: Quick, yes; Kearns, yes; Stoddard, yes; Morgan, yes. Councilman Morgan moved to adopt Ordinance #654 as read, Councilman Kearns seconded. Roll Call Vote: Quick, yes; Kearns, yes; Stoddard, yes; Morgan, yes. CONSTRUCTION MANAGER TO BUILD A SANITATION FLEET MAINTENANCE SHOP Council wish to authorize Mayor England to enter into an agreement with a construction manager to build a sanitation fleet maintenance shop. PWD Smart stated the City retained Pete Anderson, Anderson Architects to design the sanitation fleet maintenance shop, as we get into the process we felt it advisable to also hire a construction manager so we have input from a qualified contractor. 231 COUNCIL MEETING MINUTES - (cont.) December 11', 2007 CONSTRUCTION MANAGER TO BUILD A SANITATION FLEET MAINTENANCE SHOP (cont.) PWD Smart stated we received bids from the following bidders: Hogan Construction - Utah Mark Brown DeWalla - Pocatello Brennan Construction PWD Smart recommends the City goes with Brennan Construction in Pocatello. Councilman Morgan moved to authorize Mayor England to negociate and enter into agreement with Brennan Construction, Pocatello, Councilman Stoddard seconded. All council members voted in favor of motion. RENEWAL OF YEAR 2008 BEER, WINE AND LIQUOR BUSINESS LICENSES - CC Conlin presented the 2008 Beer, Wine and Liquor Licenses. CC Conlin stated all but three applicants have returned their renewals with County and State copies, along with required fees. Councilman Kearns moved to approve all, Year 2008 Beer, Wine and Liquor Licenses, subject to compliance of all requirements of ordinances and statutes as determined by the City Clerk, Councilman Stoddard seconded. All council members voted in favor of motion. 2006 -2007 ANNUAL CITY STREET FINANCE REPORT - CC /T Ron C. Conlin presented the 2006 -2007 Annual City Street Finance Report of dedicated funds to be presented to the State Auditor as required by Idaho Code 40 -708. Councilman Morgan moved to accept the 2006 -2007 Annual City Street Finance Report as presented, Councilman Quick seconded. All council members voted in favor of motion. CANCELLATION OF SECOND CITY COUNCIL MEETING IN DECEMBER - Councilman Kearns moved to cancel the second City Council Meeting in December, Councilman Stoddard seconded. All council members voted in favor of motion. 233 COUNCIL MEETING MINUTES - (cont.) December 11`", 2007 CLAIMS - Computer print -out claims presented to Mayor England and Council. Councilman Morgan moved to approve computer print -out claims as presented, Councilman Quick seconded. All council members voted in favor of motion. At 8:52 p.m, Councilman Morgan moved, Councilman Kearns second, with full council approval to adjourn meeting. teven M. England ayor Ron C. Conlin, City Clerk