HomeMy WebLinkAbout04 19 2017 CMCITY OF CHUBBUCK
COUNCIL MEETING MINUTES
APRIL 19, 2017 — 6:00PM
CALL TO ORDER: Mayor England
PLEDGE ALLEGIANCE TO THE FLAG: Councilmember Lewis
INVOCATION: Paul Andrus
COUNCIL MEMBERS PRESENT: Mayor Kevin England, Ryan Lewis, Melanie Evans, Josh Ellis,
and Annette Baumeister.
APPROVAL OF MINUTES: APRIL, 5TH 2017
Councilmember Lewis Motioned for Approval of Minutes,
Councilmember Evans seconded motion for approval.
Roll call: Ellis -yes, Evans -yes, Baumeister -yes, Lewis- yes, Motion passed
PUBLIC HEARING:
1. An application by the City of Chubbuck, 5160 Yellowstone Avenue, Chubbuck, ID
83202 for the annexation into the City of Chubbuck all of Lea Avenue and Lamar Street
right-of-way as depicted on the Lamar Acres No.I subdivision plat.
Public Works Director Rodney Burch this is just for the right of way that is currently
under Bannock County, Bannock County agreed it would be the best for both the city and
county for maintenance and growth. Does not have impact on any private property.
City Planner Paul Andrus recommend approval of this annexation we meet all State
and City requirements. Proper notifications have been made to affected areas. Without
this the developer will be building a street outside city limits.
Carl Newbold 11057 N Lamar St was in opposition because that road will come out
right in front of their house and will increase traffic. They have people constantly loading
and unloading horses, how will this affect them? What will this do to property tax they
have a lot of seniors on a set income in this area. She was told that they will be tearing up
Lamar St. for sewer so they didn't have to do that for another date. How long until the
City will want to annex us into the City?
Answers to Questions:
The County is in charge of property taxes so nether staff or Council can say for sure
what they will do. Residents in the county will remain in the county. Annexation into the
City would most likely be done by the individual County residents, so there is no time
line. The sewer is being installed in the new division only. There will be stubs put into
the existing section so that we won't have to come back and tear up new roads. If a septic
system was to ever fail the residents would have to connect to a sewer system; the County
will no longer allow septic systems. The new connecting road and where it connects to
Lamar has already been approved in a previous City council meeting and public hearing.
2. An application by the City of Chubbuck, 5160 Yellowstone Avenue, Chubbuck, ID
83202 for the zoning change for all of Lea Avenue and Lamar Street right-of-way as
depicted on the Lamar Acres No.I subdivision plat. Existing zoning is County, proposed
zoning is Single Family Residential (R-1).
Public Works Director Rodney Burch said that the City had followed the City's
developments requirements and would like to zone this annexation as a single family
residential (R-1), as this is the most lease dense populated zoning the city has to offer.
Whenever we annex something into the city we are required to zone that land being
annexed.
Carl Newbold 11057 N. Lamar St. was wondering in regards zoning how this would
affect their property? If she wanted to put in an RV storage park on my property will this
affect it?
City Planner Paul Andrus said that the zoning is a city zoning it will not affect the
county's zoning.
Mayor Kevin England Closed the Public Hearings.
GENERAL BUSINESS:
1. Approval of Ordinance 768 annexing all of Lea Avenue and Lamar Street right-of-way as
depicted on the Lamar Acres No. l subdivision plat. Also for the zoning change for all of
Lea Avenue and Lamar Street as a Single Family Residential (R-1).
Council member Ellis motioned for the waiver of three readings,
Councilmember Lewis seconded motion for waiver
Roll call: Evans -yes, Baumeister -yes, Lewis -yes, Ellis -yes, motion passed
Councilmember Lewis felt like if this did not pass that the City would have a much less
desirable situation for maintenance and efficiency for the City.
Councilmember Ellis motioned for approval of Ordinance 768,
Councilmember Lewis seconded motion for approval
Roll call: Baumeister -yes, Lewis- yes, Ellis- yes, Evans- yes, motion passed
2. Acceptance of Copperfield Landing Division 4 final plat
Councilmember Ellis recused himself from this agenda item.
Brady Smith, Rocky Mountain Engineering Surveying 600 E. Oaks Street, Pocatello
Idaho. Presented the final plat to connect the different divisions of the Copperfield
subdivisions. Mr. Smith talked about the staff reviews and that they have dedicated the
proper water development when this is all finished. Mr. Smith also said that the city felt it
would be good to incase that reservoir with an easement and they will be adding that as
per staff request. There is a 20 ft. access section that the developer has submitted a Park
plan to the City's staff as recommended by Council earlier recommendations. Mr. Smith
agreed with Staff on their final assessments and that they did get back in a timely manner.
Mr. Smith feels like they can work with staff to finalize construction plans.
Developer Daris Ellis 4470 Wasatch Road, Chubbuck Idaho. Mr. Ellis feels like the
LDS Church will build there and that we shouldn't be concerned with that. But if they
decide to sell, he has first option to buy and will just develop the land. Mr. Ellis also
wanted to address some concerns that he has had with Council because he felt like he
wasn't getting anywhere with the City's Staff. Mr. Ellis said he could not meet with City
Staff before the meeting because he got the changes just today. He felt like these constant
changes put a burden and hardship on him because of cost and delay in development. Mr.
Ellis felt like if he, Council, and Staff couldn't come up with a solution then he would
have to get his lawyers involved which would just cost him more and the City more. Mr.
Ellis agreed that he would do what he needed to do to make it work but it's not a blank
check. Mr. Ellis agreed that if Council would approve the final plat so that he could move
forward, he would work with staff to get the final details finalized.
Councilmember Evans did not like the 20 ft. asphalt connection that leads to nowhere.
She feels like we are making plans for a connection into a LDS Church but what if the
church is never built, and the LDS church just sells off the land then what is the City
supposed to do with this section of asphalt. Councilmember Evans feels like the Council
has made enough favors for this plat and if the staff requirements are requirements then
they need to be made as to staff review.
Councilmember Lewis's understanding was that there was going to be a privacy fence
that looked like it was blocked off, but people could walk back and forth between the
street and the church. Councilmember Lewis does not want to micro manage staff. He felt
like Council honored a preliminary plat that it didn't have to do last time.
Councilmember Lewis feels like the best way to manage this is to work together. He feels
like we trust and support our staff to make these decisions as long as they are being
reasonable. Councilmember Lewis hoped that staff and the developer could work
together to move forward on the development.
Councilmember Baumeister said as her memory recalled Council and Staff were
worried about weeds and that low maintenance might not work. Councilmember
Baumeister also remembers that Council agreed for the city to take over this section in a
previous Council meeting, but Council did not agree on zero maintenance. She also felt
like that if everything is up to ordinance. Then there is no reason why these final details
can't be worked out with staff and the developer.
Public Works Director Rodney Burch said staff does recommend approval of the final
plat as presented. The application does meet the standards of 16, 17 and 18. Would like
Council to add on the condition that it is subject to staff's final approval. Mr. Burch said
that he had said in the preliminary plat that he did not want the City to take position of
this 20 ft. section but Council choose to take this on. Mr. Burch said that we would take
another look at the concrete request if we approved ribbon on the other sections then he
will look at why they are asking for high back in division 4. Mr. Burch said everything is
according to ordinance except for the trees. He said this is all new so we are just trying to
figure things out. Mr. Burch suggested that we could postpone laying asphalt until the
church is built and then come in and finish this 20 ft. section. Mr. Burch said that the
developer has meet all the Park Requirements. We are trying to figure out the best use of
this 20 ft. section whether that's zero maintenance or adding a few trees.
Councilmember Lewis asked Mr. Ellis if he would prefer to delay acceptance so the
plat could be 100% agreed upon, or whether he would prefer to work out specific
construction plan details with staff following approval. Mr. Ellis would prefer to work
out construction plan details with staff rather than delay approval of the plat.
Councilmember Lewis motioned for acceptance of Copperfield Landing Division 4 final
plat, conditionally on construction final approval. As long as the City staff can make
reasonable recommendations for the final approval of this construction area.
Councilmember Baumeister seconded motion for acceptance of Copperfield Landing
Division 4 final plat.
Roll call: Evans -no, Baumeister -yes, Lewis -yes, motion passed.
3. Acceptance of bid for Country Acres roadway reconstruction.
This item was postponed for a later date.
4. Acceptance of Bilyeu Estates Division 1 final plat
Richard Greer, Rocky Mountain surveying, they had a few issues that had come up
that they were hoping to work out with the Council. He felt like that they had a good
working relation with city staff. They would like some leeway to use a section of the
proposed park as a 40 ft. storm water reservoir temporarily and as they developed to a
bigger park then they would turn it back into the proposed park. They also would like to
have the fence put on the home owner instead of the developer but with restrictions. This
would be in the purchase agreement of the plot and gone over with the purchaser
beforehand.
Councilmember Ellis was wondering how they would suggest Council should handle a
situation when a homeowner comes before Council saying that they did not know that
they had to build a fence by a certain date and they had to put in a certain type of fence.
He feel like this would just be a liability for the City to have to handle. Councilmember
Ellis feels since now we record the development agreements that makes them a legal
document then the suggestions made by the developer might be acceptable options.
Councilmember Lewis felt like if we didn't make it part of the plat then a homeowner
could decide that they wanted a green vinyl fence instead of white. He liked the clean
option of the developer just putting the fence in and accomplished so we don't have to
mess with it. Councilmember Lewis is worried that the fence will never get finished if we
leave it to the homeowners.
Stewart felt like he can work with the City, because he was the guy that stands by it.
He would like to transfer those costs to the homeowners. He felt like he could accept a
time period before the fence had to be completed either by him or the homeowners.
Public Works Director Rodney Burch staff recommends approval, application does
meet the 16, 17, and 18 standards. On the condition of final approval of staff. He felt like
the Council had three options for the fence; the developer builds it like the preliminary
approval, second accomplish this somehow with a development agreement, or third a
fence guarantee as part of the building permit. He didn't like it on the building guantee as
that it takes the developer out of the equation. He felt like 12 months was appropriate but
he would have the start date start when final approval from staff was accepted by the
developer.
Councilmember Lewis motioned for acceptance of Bilyeu Estates Division 1 final plat.
Approval be conditional upon construction plan approval, and the developer agreement
includes a requirement for a six foot white vinyl fence along Chubbuck Rd unless
otherwise agreed to by staff. This fencing must be completed within 12 months of
acceptance and completion of plat.
Councilmember Baumeister seconded motion for acceptance of Bilyeu Estates Division 1
final plat.
Roll call: Baumeister -yes, Lewis -yes, Ellis -yes, Evans -yes, motion passed.
5. Approve records for destruction
Councilmember Lewis wanted to make sure that these records have been reviewed
and that none of them had significant historical significance and that they were being
destroyed according to State statutes.
City Clerk Rich Morgan and Deputy Clerk Joey Bowers felt like they had been
reviewed and acceptable for destruction. But if there was any on the list that Council
would like to review they would be more than happy to pull them for the Council
members.
Mayor England said that he had reviewed the list of records and had removed
anything that he felt was important or had historical significance.
Councilmember Evans motioned for the approval of records for destruction,
Councilmember Ellis seconded motion for the approval of records for destruction.
Roll call: Lewis -yes, Ellis -yes, Evans -yes, Baumeister -yes, motion passed.
6. Resolution for the City of Chubbuck authorizing the adoption of the Bannock County
Multi -Jurisdictional All -Hazard Mitigation plan 2015
City Clerk Rich Morgan presented this plan. This is the plan that all other
communities accepted in 2015 except for the City of Chubbuck. This plan covers the city
if a natural disaster was to happen who would be in charge and then this would allow the
City to be reimbursed from FEMA with for any expenses that the city paid for during this
disaster.
Councilmember Lewis motioned for the Resolution 2017-01 for the City of Chubbuck
authorizing the adoption of the Bannock County Multi -Jurisdictional All -Hazard
Mitigation plan 2015
Councilmember Evans seconded motion for the Resolution 2017-01 for the City of
Chubbuck authorizing the adoption of the Bannock County Multi -Jurisdictional All -
Hazard Mitigation plan 2015
Roll call: Ellis -yes, Lewis -yes, Evans -yes, Baumeister -yes, motion passed.
7. Discussion for the Economic Development
This item had been taken care of during study session.
CLAIMS: Payment Approval Reports for 4/19/17 for the City and the CDA, as presented to Mayor
England and Council.
Councilmember Ellis motioned for approval of Payment Approval Reports for 4/19/17 for the
City and the CDA.
Councilmember Baumeister seconded motion for approval of Payment Approval Reports for
4/19/17 for the City and the CDA.
Roll call: Baumeister -yes, Ellis -yes, Lewis -yes, Evans -yes, motion passed
GENERAL ANNOUNCEMENTS:
ADJOURN: MAYOR KEVIN ENGLAND
X Fk4l Nom ,
Rich Morqan L/
City Clerk
I
Kevin Enqand
Mavor