HomeMy WebLinkAbout05 08 2001 CM65
COUNCIL MEETING MINUTES
May 8`', 2001
Minutes of a regular meeting held at the Chubbuck City Council Chambers, May 8', 2001.
Present: Mayor John O. Cotant, Council members Leroy S. Quick, Steven M. England, Marvin
C. Gunter, B. Kent Kearns, Attorney Thomas J. Holmes, Public Works Director Steven
M. Smart and City Clerk Ron C. Conlin.
Meeting was call to order at 7:30 p.m. by Mayor Cotant.
INVOCATION was given by Pastor Holder, Pioneer Bible Baptist Church.
PLEDGE ALLEGIANCE TO THE FLAG was lead by David Morasko.
APPROVAL OF MINUTES - Mayor John O. Cotant asked for corrections or additions to the
Regular Meeting Minutes of April 24`x', 2001.
Councilman Kearns moved to approve the Regular Meeting Minutes of April 24`'', 2001
as read, Councilman Quick seconded. All council members voted in favor of motion.
PROCLAMATION - "POPPY DAYS" - Mayor Cotant read the proclamation in full.
Hilda Hudson was present to present poppies to Mayor Cotant and Council.
Mayor Cotant proclaimed May as "Poppy Month" and May 18th and 19`'', 2001 as "Poppy
Days ".
PUBLIC HEARING - DARRIS ELLIS - WHITAKER ROAD - An application by Dams Ellis,
13560 N. Hawthorne, Pocatello, Idaho 83202 for a change of Land Use District to Single
Family Residential, (R -1) and Limited Residential, (R -2); contingent upon requested
annexation. The Land Use Commission recommends the property be zoned Single Family
Residential, (R -1).
Mayor Cotant declared the public hearing open.
Mitch Greer, Rocky Mountain Engineering stated Darris Ellis is proposing this 45 lot
subdivision between Whitaker and Hiline Road, south of Ellis Elementary School, they
are asking the property to be annexed. Mr. Ellis is asking for R -1 zoning except for the
Hiline Road frontage. Mr. Ellis wants (R -2) on the Hiline Road frontage.
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COUNCIL MEETING MINUTES - (cont.)
May 8`h, 2001
PUBLIC HEARING - DARRIS ELLIS - WHITAKER ROAD ANNEX AND ZONING - (cont.)
Ken Funk, 441 Chesapeake stated the Land Use and Development Commission
recommended all the proposal be (R -1), Darris Ellis is back asking that the frontage on
Hiline Road be (R -2). Mr. Funk spoke against the proposal because; 1) the lot sizes are
too small. 2) Storm drainage concern. Mr. Funk said he did not feel Phase II and Phase III
will ever happen, so where are we on the park issue.
Discussion about the density of the proposed subdivision.
Attorney Holmes stated the Land Use and Development Commission recommended the
Council bring the property in (R -1), because the Comprehensive Plan shows the property
(R -1).
Mayor Cotant declared the public hearing closed.
Councilman Kearns moved to accept the recommendations of the Land Use and
Development Commission to annex the Cambridge Estates located between Whitaker and
Hiline Roads and designate the Land Use District as Single Family Residential, (R -1)
Councilman Quick seconded. All council members voted in favor of motion.
PUBLIC HEARING - CAMBRIDGE ESTATES SUBDIVISION PRELIMINARY PLAT - An
application by Darris Ellis and David Graham, 13560 N. Hawthorne, Pocatello, Idaho
83206 for a preliminary plat for Cambridge Estates Subdivision located between Hiline
and Whitaker Roads, south of Ellis School.
Mayor Cotant declared the public hearing open.
Mayor Cotant expressed concern about the park being placed in Phase II and Phase III, it
might never happen.
Franklin Briscoe stated Darris Ellis will never own Phase II or III. Mr. Briscoe said he is
going to sell the Phase II and Phase III to Leon Manning for a cemetery. Mr. Briscoe
expressed concern about not having more accesses onto Whitaker Road. Attorney Holmes
told Mr. Briscoe a cemetery would only be allowed with a conditional use permit.
Mr. Greer said he felt the proposal complies with the Comprehensive Plan and should be
approved by Council.
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COUNCIL MEETING MINUTES - (cont.)
May 801, 2001
PUBLIC HEARING - CAMBRIDGE ESTATE PRELIMINARY PLAT - (cont.)
PWD Smart recommended the Council specify in the approval motion for Cambridge
Estates Subdivision (if approved), such that all storm water runoff must be managed and
retained onsite and disposed of by percolation into roadside swales and/or detention
ponds designed to properly contain and dispose of expected storm water runoff. The Staff
will need to work through many design details, but it would give us the ability to do it at
staff level, despite the fact that our ordinance does not reflect this requirement at the
present time.
Ken Funk stated the swales do not work well in the Victorian Village Subdivision.
Dave Roscoe said the swales do not work well in the Garden Park Subdivision.
Franklin Briscoe explained percolation experiments he has tested on the property.
Attorney Randy Budge stated the only issue that has come up on approval of plat is the
recommendation of Staff to require curb and sidewalk on Whitaker Road, Mr. Budge
stated we live in a high desert area, we are in a drought and we are concerned about
excess storm water. Mr. Budge stated the developer questioned whether or not we even
need sidewalk, curb and gutter on Whitaker Road. Mr. Budge stated if the Council did not
require sidewalk, curb and gutter on Whitaker Road this would be a good place for the
developer to put a Swale to accumulate runoff from this particular subdivision. Mr. Budge
said the developer is concerned about a whole lot of costs imposed in the way fees in road
way and sidewalks that might impede the project. Mr. Budge stated there are no
sidewalks on Whitaker Road, residents were opposed to sidewalks being installed. Mr.
Budge suggested the Council not accept the recommendations of the Land Use and
Development Commission requiring sidewalks on Whitaker Road. Mr. Budge stated there
is issue about the width of Whitaker Road in that the Code requires Whitaker Road be
60' in width, Mr. Budge suggests the proposed subdivision portion of the road continue to
be 50'.
Ken Funk expressed concern about the lot sizes, if the preliminary plat is approved the
lots sizes should be larger.
Mayor Cotant stated the lot sizes in this proposed subdivision meets the requirements for
(R -1) zoning.
Discussion about park location. Councilman Gunter stated with Ellis School next door,
there is a park.
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COUNCIL MEETING MINUTES - (cont.)
May 8`h, 2001
PUBLIC HEARING - CAMBRIDGE ESTATES SUBDIVISION PRELIMINARY PLAT -
(cont.)
Mayor Cotant declared the public hearing closed.
Mayor Cotant stated the School District wanted the City to require sidewalks on Whitaker
Road.
Considerable discussion about sidewalk, curb and gutter on Hiline Road. After discussion
it was decided there will be no sidewalks or swale required on Hiline Road until Hiline
Road is developed.
Councilman Quick moved to accept the recommendations of the Land Use and
Development Commission and approve the Cambridge Estates Subdivision Preliminary
Plat subject to; 1) The subdivision stormwater runoff must be managed and retained
onsite by the developer. 2) Whitaker Road will remain a 50' road. 3) Sidewalks, curb and
,^ swale required on Whitaker Road, Councilman Gunter seconded. All council members
voted in favor of motion.
GARDEN OAKS SUBDIVISION DIVISION NO. 2 FINAL PLAT - PWD Smart stated the
construction drawings were sent back to the developer for some minor corrections, the
final plat should be ready for approval.
Councilman England moved to approve the Garden Oaks Subdivision Division No. 2
Final Plat subject to Staff approval of construction drawings, Councilman Kearns
seconded. All council members voted in favor of motion.
GARDEN PARK SUBDIVISION - DEVELOPMENT OF ROSE STREET - Mayor Cotant
stated Staff has not made a decision as of yet. Staff is still reviewing bids for the
requirements. Ken Pape was directed to talk to City Engineer Sean Harris.
1999 -2000 FISCAL YEAR AUDIT - City Auditor Scott Jones presented the 1999 -2000 Fiscal
Year Audit to Mayor Cotant and Council.
Council accepted the 1999 -2000 Fiscal Year Audit as presented.
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COUNCIL MEETING MINUTES - (cont.)
May 8`l, 2001
CITY EMPLOYEE PERSONNEL POLICY - Council reviewed the proposed City Employee
Personnel Policy.
Discussion about Grievance Procedures.
Discussion about sick leave accumulation.
Attorney Holmes said he will make changes that were discussed.
After discussion, Council tabled the Personnel Policy until the May 22"d, 2001 Council
Meeting.
GENERAL DISCUSSION -
1. Councilman Kearns said Rich Marley advised him the Briscoe Sno Shack is not on the
Smith's Food King Parking Lot. City Clerk Conlin was directed to contact Poppa
Murphy's Pizza to see if Briscoe's have permission to operate, if so, the business
license approved should be changed to show the correct location.
2. Councilman Kearns suggested an ordinance looking at the radio towers height be
governed by collapsible radius, maybe limit the height to some degree, require a
construction permit based upon the applicant submitting appropriate engineering to the
City Staff for inspection. Require the applicant to present some sort of FCC
certification. Maybe require insurance.
3. Councilman Kearns expressed concern, what if Astaris shuts completely down, will
they leave the pile of slag that is on the EPA List and who will be responsible for
cleanup. If there are funds for the cleanup available, maybe we should be trying to
secure them now. Attorney Holmes felt Astaris will not shut down completely,
because if they do, they will have to cleanup prior to closing.
4. Mayor Cotant stated DARE Graduation is 1:00 p.m. May 9"', 2001.
5. Mayor Cotant stated Arbor Day Celebration is at Mary's Park is at 1:00 p.m., may 10th,
2001.
CLAIMS - Computer print -out claims presented to mayor Cotant and Council.
Councilman Kearns moved to approve computer print -out claims as presented,
Councilman England seconded. All council members voted in favor of motion.
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COUNCIL MEETING MINUTES - (cont.)
May 8`h, 2001
At 10:17 p.m., Councilman England moved, Councilman Gunter seconded, with full council
approval to adjourn meeting.
Ron C. Conlin, City Clerk