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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