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HomeMy WebLinkAbout03 10 1998 CM41 COUNCIL MEETING MINUTES March 10, 1998 Minutes of a regular meeting held at the city municipal building, March 10, 1998. Present: Mayor John O. Cotant, Council members Leroy S. Quick, Steven M. England, Marvin C. Gunter, W. Dean Wood, Attorney Thomas J. Holmes, Public Works Director Steven M. Smart and City Clerk Ron C. Conlin. PLEDGE ALLEGIANCE TO THE FLAG Meeting was called to order at 7:32 p.m. by Mayor Cotant. APPROVAL OF MINUTES - Mayor Cotant asked for corrections or additions to Regular Meeting Minutes of February 28, 1998. Councilman Quick moved to approve Regular Meeting Minutes of March 10, 1998. Councilman Wood seconded. All council members present voted in favor of motion. .� PUBLIC HEARING - An application by Idaho Power Co., P.O. Box 70, Boise, Idaho 83707 for a change in Land Use District to Industrial, (I); with its accompanying preliminary plat for Idaho Power Substation located approximately, 1200 E. Chubbuck Road. Property is presently zoned, Agricultural, (A). Mayor Cotant declared the public hearing open. Tom Prange, Idaho Power, Boise Project Leader was presented to explain the proposal. Mr. Prange stated the electrical demand in Chubbuck and Highland area is requiring this substation. Idaho Power has purchased two acres of property. The substation will have a chain link fence around it. Tony Hafla, 545 So. Utah Ave., Idaho Falls stated Teton Communications, Inc. is very much opposed to Idaho Power's proposal for a substation in the near field of Teton's present radio, mobile telephone, and paging communications facility located at 4701 Fairground Rd. Idaho Power's proposed substation will significantly degrade, and may eliminate Teton's ability to continue to provide our customer's service as a result of harmful radio frequency interference, electromagnetic interference, and 60 cycle harmonic noise created by Idaho Power's proposed facility. Rick Halfa,Teton Communications, Inc. instead of attending the LU &D meeting sent a letter of Petition to deny the Idaho Power Co. Application for a change in Land Use District to Industrial. Idaho Power Substation located approximately 1200 E. Chubbuck Rd. There was no one present from Teton Communications, Inc. at the Land Use and Development Commission Meeting. 43 PUBLIC HEARING - IDAHO POWER CO APPLICATION - (cont.) Mr. Hafla stated he was disappointed the letter that was given to the Land Use and Development Commission prior to the meeting for review, was not read into the Land Use & Development Commission Minutes. Mr. Haifa expressed concern there was no opposition to Idaho Power's Application mentioned in the Land Use and Development Commission Minutes. Attorney Holmes explained the letter is part of the record, rather the letter is read in the record or not. Attorney Holmes asked Mr. Hafla if there have been specific problems like this in other areas. Mr. Haifa stated there have been problems in other areas. Mr. Haifa explained some of the problems. Mr. Haifa asked that a letter from Vernon L. Chartier, Power System EMC Consultant dated, March 8, 1998 be entered into the record. Mr. Haifa statedTeton Communications, Inc. negotiated in good faith with Idaho Power regarding their interest to acquire property and construct a substation on land by Teton Communications adjacent to their communications facility. Mr. Haifa stated the negotiations did not fail on the merits of the price of land or utility improvements. The negotiations failed exclusively due to Idaho Power's unwillingness to accept responsibility to eliminate interference problems generated by the proposed substation. Mr. Haifa stated it is apparent that Idaho Power has simply acquired adjacent land to construct this substation to intentionally avoid costs associated with eliminating known interference problems to Teton Communications, Inc. Mayor Cotant asked, how far from Teton's location does the substation have to be, to eliminate problems. Mr. Haifa said industry standards are greater than 2500'. Mr. Haifa also expressed concern about their micro shot that shoots directly over the top of the lot, to the West Butte. Melvin Jackson , 5111 Whitaker Road expressed concern about security to the proposed substation. Mr. Prange stated there has been no security problems in the area. Idaho Power feels the chain link fence is sufficient. Mr. Prange stated the standard operation of this substation could create negligible amounts of radio interference. However, Idaho Power plans to devote a higher level of maintenance to this installation to prevent such interference. The costs incurred in performing this enhanced maintenance will be borne by Idaho Power. Mr. Prange explained why this location was chosen for the substation. Mayor Cotant stated he heard the Transportation Department will deny an application 45 PUBLIC HEARING - IDAHO POWER APPLICATION - (cont.) Mayor Cotant stated he heard the Transportation Department will deny an application requesting a pole in the Interstate 15 median. Mr. Prange stated, Idaho Power has not received notice as of yet, if that is the case, Idaho Power will be able to span the crossing. Mayor Cotant declared the public hearing closed. Discussion about Idaho Power Co. installing a concrete fence instead of chain link. There will be residential around the area in the future, maybe we should require the concrete fence now. Councilman Gunter expressed concern about possible damages to Teton Communications in the future. Suggested there be some agreement of some kind. Councilman England moved to approve an application by Idaho Power Co. for a change in Land Use District to Industrial, (I), on property located at approximately, 1200 E. Chubbuck Road. Councilman Wood seconded. All council members voted in favor of motion. The preliminary plat was not presented for approval, therefore there was no action taken by the Council. PUBLIC HEARING - An application by Stewart Nelson, 2630 Inkom Road, Inkom, Idaho for a Planned Unit Development, (PUD) with its accompanying preliminary plat for Whitaker Apartments Subdivision located at 5273 Whitaker Road. Mayor Cotant declared the public hearing open. Tim Shurtliff, 426 W. Lewis was present to explain the proposed Planned Unit Development. This development proposes dividing the property into 6 lots, upon 4 of which will be built duplexes. Access will be provided by a private drive rather than a dedicated City Street. City water and sewer services are accessible in Whitaker Road. Attorney Holmes stated this is the first time he noticed, but this property was zoned, (R -1), not (R -2) when annexed in November, 1997. Mr. Shurtliff stated, the City told Stewart Nelson the property was, and is, zoned (R -2), that is why he purchased the property. Mayor Cotant declared the public hearing closed. PWD Smart stated a PUD is conditionally allowed in an (R -1) zone. 47 PUBLIC HEARING - STEWART NELSON PLANNED UNIT DEVELOPMENT - (cont.) Councilman England stated, the reason Land Use Commission recommended denying the PUD application was because the proposal is inconsistent with neighborhood. Mayor Cotant declared the public hearing open again. Stewart Nelson stated he came to the City to find out what the zoning is. Mr. Nelson said he was told the property is (R -2), and feels the City has some responsibility. Mr. Nelson said he has some property he cannot work with. Bill Brown, 5153 Whitaker Road stated he is concerned about Land Use & Development Commission Minutes not reflecting opposition of residents on Whitaker Road. All residents on Whitaker Road are opposed to the proposed Country Homes Apartment Planned Unit Development. Mr. Brown stated the residents on Whitaker do not want to give up the character of their community. Councilman England moved to accept the recommendations of the Land Use and ,^ Development Commission and deny the application by Stewart Nelson for a Planned Unit Development, (PUD), with its accompanying preliminary plat for Whitaker Apartments Subdivision, located at 5273 Whitaker Road. Councilman Gunter seconded. All council members voted in favor of motion. CLAIMS - Computer print -out claims were presented to Mayor Cotant and Council. Councilman Gunter moved to approve computer print -out claims as presented. Councilman Quick seconded. All council members voted in favor of motion. AGREEMENT - THIRD AMENDMENT TO SEWAGE TREATMENT AGREEMENT - Council decided to table the sewer agreement until March 24, 1998 Council Meeting. BID - WELL NO.4 IMPROVEMENTS - PWD Smart stated the City received five bids on the Well #4 Improvements. There are some questions on the results. After discussion, Council decided to table the bid results for Well #4 Improvements until the March 24, 1998 Council Meeting. r John O. Cotant, Mayor Ron C. Conlin, City Clerk