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Home My WebLink About06 26 2007 CM105 COUNCIL MEETING MINUTES June 26", 2007 Minutes of a regular meeting held at the Chubbuck City Council Chambers, June 26th, 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 22 "d, 2007, Special Meeting Minutes of June 5th, 2007 and Special Meeting Minutes of June 19t ", 2007. Councilman Kearns moved to approve Regular Meeting Minutes of May 22nd, 2007 with spelling correction, Special Meeting Minutes of June 5th, 2007 and Special Meeting Minutes of June 19th, 2007 with showing Attorney Thomas J. Holmes being present at both Council Meetings, Councilman Quick seconded. All council members voted in favor of motion. PUBLIC HEARING - An application by Mandy Zweigart, 1620 Onyx, Pocatello, Idaho 83202 for a preliminary plat for Zweigart Subdivision. Located at the 300 block of Siphon Road. The City Council received a letter of concern for the record. The letter was from Harold and Laurel Thompson, 388 Pocana. (Attached). Jared Bragg, Harper- Leavitt Engineering, 800 W. Judicial, Blackfoot Idaho presented the Zweigart Subdivision Preliminary Plat. Councilman Stoddard expressed concern about the height of the building and how it will affect neighbors if a residence is allowed above the commercial part of the building. Mr. Bragg stated the height of the building will be roughly as high as the residences in Victorian Village Subdivision. PWD Smart stated, what they are proposing meets the requirements of the ordinance. 107 COUNCIL MEETING MEETINGS - (cont.) June 26`", 2007 PUBLIC HEARING - ZWEIGART SUBDIVISION PRELIMINARY PLAT - (cont.) Mandy Zweigart, 4847 Navaho, Pocatello, Idaho stated the roof of the proposed building is about the same height as residences in Victorian Village Subdivision, some roofs are higher and some lower. Mrs. Zweigart stated there is a six foot vinyl fence required by the LU &D Commission. Mrs. Zweigart stated there will be the required trees buffering the proposal. Mayor England declared the public hearing open, asking for comment in favor, neutral or opposed. There being no comment, Mayor England declared the public hearing closed. Councilman Kearns moved to accept the Land Use & Development Commission's recommendation to approve the application by Mandy Zweigart for Zweigart Subdivision Preliminary Plat, Councilman Stoddard seconded. All council members voted in favor of motion. PUBLIC HEARING - DECLARATION OF INTENT TO DISPOSE OF REAL PROPERTY - PWD Smart stated 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 would like to dispose of Lot 6, Block 2, Sunset Subdivision. Mayor England declared the public hearing open, asking for comment in favor, neutral or opposed. There being no comment Mayor England declared the public hearing closed. Councilman Morgan moved to express a Declaration of Intent to sell Lot 6, Block 2, Sunset West Subdivision, Division 2 valued at $8,670, setting the public hearing date for auction on July 24`", 2007, Councilman Kearns seconded. All council members voted in favor of motion. PARK MEADOWS 10TH ADDITION FINAL PLAT - Joel Dixon, Rocky Mountain Engineering, 2043 E. Center presented the Park Meadows 10t' Addition Final Plat. Mr. Dixon stated there are 22 twin homes proposed in the Park Meadows 10t' Addition Final Plat. Mr. Dixon said all buildings in the proposed Park Meadows 10`" Addition Final Plat are twin homes. PWD Smart told Mr. Dixon the plat should show easement designations and all twin homes should be designated on the plat as twin homes. 109 COUNCIL MEETING MINUTES - (cont.) June 26`h, 2007 PARK MEADOWS 10TH ADDITION FINAL PLAT - (cont.) Councilman Kearns moved to approve the Park Meadows 10' Addition Final Plat, subject to; 1) Approval of Engineering Department on all final constructions drawings, 2) Changing the zero lot line designation currently on the plat, using a legend of satisfaction of City Engineering Department, Councilman Morgan seconded. All council members voted in favor of motion. MALLARD SUBDIVISION - Jerry Bragg, Harper- Leavitt Engineering, Blackfoot, Idaho presented the Mallard Subdivision Final Plat. PWD Smart recommend approval of the Mallard Subdivision. Councilman Morgan moved to approve the Mallard Subdivision as presented, Councilman Kearns seconded. All council members voted in favor of motion. BUSINESS LICENSE APPLICATION - Nathan Slade, North Star Glass Repair, LLC, 2300 E. 42 S, Mountain Home, Idaho has applied for a business license to repair windshields. The proposed business is south of Me N Lou's Restaurant and north of Well Fargo Bank on the grassy area at 4155 Yellowstone Ave. Nathan Slade explained his business. Councilman Stoddard moved to grant Nathan Slade, North Star Glass Repair a temporary business license to sell windshield repair at 4155 Yellowstone Ave, Councilman Morgan seconded. All council members voted in favor of motion. ORDINANCE #641 - 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; acceptance, shall be a utility maintained by the City. Attorney Holmes read Ordinance #641 by title only for the third and final reading, one of which was in full. Councilman Morgan moved to adopt Ordinance #641 with the change that, Section 2, read, "This Section may be temporality or permanent waived by the City Engineer if such a system is deemed impractical, due to the quantity of water available, and or, the delivery of such water to the parcel ", Councilman Stoddard seconded. Roll Call Vote: Quick, yes; Kearns, yes; Stoddard, yes; Morgan, yes. III COUNCIL MEETING MINUTES - (cont.) June 26`h, 2007 ORDINANCE #642 - Amending Section 9.23.230 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 and providing for the City Engineer to grant an exception to the hours if necessary to minimize traffic or other interference. Attorney Holmes read Ordinance #642 in full for the third and final reading. Councilman Stoddard moved to adopt Ordinance #642 as read, Councilman Quick seconded. Roll Call Vote: Quick, yes; Kearns, yes; Stoddard, yes; Morgan, yes. ORDINANCE #643 - Amending Section 9.20.021 to provide for annual licenses for animal control to run from June I to May 31 instead of on a calendar year. Attorney Holmes read Ordinance #643 by title only for the third and final reading, one of which was in full. Councilman Quick moved to adopt Ordinance #643 as read, Councilman Kearns seconded. Roll Call Vote: Quick, yes; Kearns, yes; Stoddard, yes; Morgan, yes. ORDINANCE #644 - Changing certain street names, namely a portion of Stuart Avenue to Josh Avenue, Sample Way to Stuart Avenue, Kings Way to Central Way, and East Burnside Ave to Central Way. Attorney Holmes read Ordinance #644 by title only for the first and final reading. Councilman Kearns moved to dispense with the rule of reading Ordinance #644 on three separate days, Councilman Quick seconded. Roll Call Vote: Quick, yes; Kearns, yes; Stoddard, yes, Morgan, yes. Councilman Kearns moved to adopt Ordinance #644 as read, Councilman Stoddard seconded. Roll Call Vote: Quick, yes; Kearns, yes; Stoddard, yes; Morgan, yes. ORDINANCE #645 - Annexing certain lands generally known as Briscoe Estates Subdivision 5th Addition to be included within the boundaries and jurisdictional limits of the City of Chubbuck. Attorney Holmes read Ordinance #645 by title only for the first and final reading. Councilman Stoddard moved to dispense with the rule of reading Ordinance #645 on three separate days, Councilman Kearns seconded. Roll Call Vote: Quick, yes; Kearns, yes; Stoddard, yes; Morgan, yes. 113 COUNCIL MEETING MINUTES - (cont.) June 26`h, 2007 ORDINANCE #645 - (cont.) Councilman Quick moved to adopt Ordinance #645 as read, Councilman Morgan seconded. Roll Call Vote: Quick, yes; Kearns, yes; Stoddard, yes; Morgan, yes. RESOLUTION #4 -2007 - AGREEMENT FOR BOND COUNSEL SERVICES - Attorney Holmes explained Resolution #4 -2007. Judicial Confirmation for 1 s` Phase of North Bannock County Sewer. Attorney Holmes read Resolution #4 -2007 by title only. PWD Smart explained the area Resolution $4 -2007 covers. Councilman Morgan moved to adopt Resolution #4 -2007 as read, Councilman Stoddard seconded. All council members voted in favor of motion. Councilman Morgan moved to authorize Mayor England to enter into Contract for Bond Counsel Services with Moore, Smith, Buxton & Turcke, Chartered, Councilman Stoddard seconded. All council members voted in favor of motion. ACCEPTANCE OF OFFER OF DEDICATION - IDAHO CENTRAL CAMPUS - PWD Smart presented the Acceptance of Offer of Dedication for Idaho Central Campus. Councilman Quick moved to approve the Acceptance of Offer of Dedication for Central Campus as presented, Councilman Stoddard seconded. All council members voted in favor of motion. PROPOSED LIGHTING ORDINANCE - Councilman Kearns stated there is a need for a lighting ordinance in the City. Councilman Kearns made a motion that a committee be created to work on the development of a lighting ordinance for the City of Chubbuck. Councilman Kearns suggested the following members be appointed: Andy Akers, Mark Edwards, Pocatello High School Teacher, Norman Reece, Mark Edwards, Chubbuck Resident, Councilman Stoddard or Councilman Rich Morgan, Michelle Christy and Asst Planner Larry Kohntopp. Councilman Morgan stated he only talked to one person that is interested in a lighting ordinance. Mayor England stated Matt Hunter, Executive Director of Chamber of Commerce is concerned about discouraging business if certain things are put into place with a lighting ordinance. Mayor England suggested Matt Hunter be involved in the creating of a lighting ordinance. 115 COUNCIL MEETING MINUTES - (cont.) June 26', 2007 PROPOSED LIGHTING ORDINANCE - (cont.) PWD Smart presented some Chubbuck street light costs with regard to retro fit for "dark skies" fixtures. Councilman Stoddard seconded Councilman Kearns motion. All council members voted in favor of motion. APPROVAL OF APPOINTMENT TO LAND USE & DEVELOPMENT COMMISSION - Mayor England recommended the following appointment to Land Use & Development Commission. Ronald Horner Seat 6 Term to expire June, 2011 Councilman Stoddard moved to authorize Mayor England to appoint Ron Horner, 755 Monika Court to the Land Use & Development Commission, with tem to expire June, 2011, Councilman Kearns seconded. All council members voted in favor of motion. CLAIMS - Computer print -out claims presented to Mayor England and Council. Councilman Morgan moved to approve computer print -out claims as presented, r Councilman Quick seconded. All council members voted in favor of motion. At 9:00 p.m, Councilman Morgan moved, Councilman Stoddard seconded, with full council approval to adjourn meeting. *teven England, ayor Ron C. Conlin, City Clerk