HomeMy WebLinkAbout01 27 2004 CM13
COUNCIL MEETING MINUTES
January 27`h, 2004
Minutes of a regular meeting held at Chubbuck Elementary School, January 27`h, 2004.
Present: Mayor John O. Cotant, Council members Leroy S. Quick, Steven M. England, Marvin
C. Gunter, Kent Kearns, Attorney Thomas J. Holmes, Public Works Director Steven M.
Smart and City Clerk Ron C. Conlin.
Meeting was called to order at 7:30 p.m. by Mayor Cotant.
APPROVAL OF MINUTES - Mayor Cotant asked for corrections and additions to regular
meeting minutes of January 13`h, 2004.
Councilman Quick moved to approve Regular Meeting Minutes of January 13`h, 2004 as
read, Councilman Gunter seconded. All council members voted in favor of motion.
PLEDGE ALLEGIANCE TO THE FLAG
OFFICIAL OATHS - City Clerk Ron Conlin administered the oath of office to newly appointed
Chief of Police Randy Severe and Asst. Chief of Police Ken Quinn.
PUBLIC HEARING - An application by DeLoy A. Stuart, 767 Monika Court, Chubbuck, Idaho
83202 for a change of Land Use District from, (R -1) Single Family Residential to, (C -1),
Limited Commercial for professional offices. The property is located at 770 E. Chubbuck
Road. Land Use & Development Commission recommended approval of the application.
Councilman Kearns stated he is within the 300' area, Councilman Kearns stepped down
from his Council Seat.
Mayor Cotant declared the public hearing open.
City of Chubbuck received petitions stating;We the people of the City of Chubbuck
disapprove of the application by DeLoy Stuart, 767 Monika Court for a change of Land
Use District for (R -1), single Family Residential to (C -1), Limited Commercial for
professional offices. The property is located at 770 E. Chubbuck Road. There are approx.
30 signatures on the petitions.
Walter and Alfie Freeman, 770 E. Chubbuck Road stated a scheduling conflict prevented
them from attending the meeting. Mr. and Mrs. Freeman spoke against the application by
DeLoy Stuart.
Chris and Kathy Leishman, 4623 Chateau Street sent a letter opposing the application by
DeLoy Stuart.
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COUNCIL MEETING MINUTES - (cont.)
January 27 ', 2004
PUBLIC HEARING - CHANGE OF ZONING FOR 770 E. CHUBBUCK ROAD - (cont.)
James and Helen Close, 739 E. Chubbuck Road sent a letter opposing the application by
DeLoy Stuart.
Mayor Cotant declared the public hearing open.
DeLoy Stuart, 767 Monika Court presented his plan for his business and his thoughts on
the City of Chubbuck's Comprehensive Plan. DeLoy Stuart stated he would be in favor of
revising the Use Schedule to tighten what businesses can go on E. Chubbuck Road, east
of Hiline Road, making certain businesses required to be approved by conditional use
permit. Mr. Stuart stated the business would create over $3,000. in property taxes for the
City. Mr. Stuart stated the property at this time needs to be cleaned up, Mr. Stuart said he
will clean the property up at once. Mr. Stuart stated most of the curb cuts will be
removed. Mr. Stuart stated there will be the required 10' buffer zone between residents,
along with required landscaping. There will be more parking than what is required or
needed. Mr. Stuart stated the business produces real estate magazines throughout the
northwest. Mr. Stuart stated 85% of his customers live outside Idaho. Mr. Stuart said the
traffic flow will be about five people per day.
Ron Horner, 755 Monika Court spoke in favor of DeLoy Stuart's application.
Dennis Stoddard, 780 E. Chubbuck Road spoke in favor of the application.
Marianne Jensen, 750 E. Chubbuck Road spoke in favor of the application.
Labby Babb, 4859 Elizabeth spoke in favor of the application.
Gary Packham, 5002 Mary Lane spoke in favor of the application.
Don Neves, 4815 Hawthorne spoke in favor of the application.
Amber Fuller, 4870 Buffalo spoke in favor of the application.
Steve Nielsen, 765 Leonidas spoke in favor of the application. Mr. Nielsen stated felt
property valuations will not be affected.
Bryce Jardine, 817 Garden Drive spoke in favor of the application.
Bob Elzner, 4858 Johannsen Place spoke in favor of the application.
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COUNCIL MEETING MINUTES - (cont.)
January 27', 2004
PUBLIC HEARING - CHANGE OF ZONING OF 770 E. CHUBBUCK ROAD - (cont.)
Mayor Cotant asked for opposition to the application by DeLoy Stuart.
Michael Buchanan, 4751 Chateau stated there is only residential on the hill at this time.
Mr. Buchanan spoke against DeLoy Stuart's application. Mr. Buchanan stated he talked
to people on the hill and the reasons why there is disapproval is because:
1. High traffic area.
2. Too close to intersection.
3. Over improvement on the home, ($375,000) as compared to other houses in the area.
4. Depreciation of homes in area because of commercial zone in area.
Mr. Buchanan stated when he went around and talked to people, their biggest concern is
residents do not want commercial at all on the hill.
Mr. Buchanan asked the Council table the application until an application is submitted to
the Land Use and Development Commission for a change in the mixtures corridor to
mixed use to low density. The location on E. Chubbuck Road from Hiline Road to the
eastern City Limits.
Kent Kearns, 4831 Elizabeth said the Council allowed the insurance agent on E.
Chubbuck and Whitaker Roads to do business, during those discussions Kent Kearns
stated both the Land Use and Development Commission and the Council promised the
people that showed up in opposition to the change that commercial would not come
across Whitaker and Branson Roads, with the possibility of deteriorating property from
Branson to Hiline, commercial might possibly go from Branson to Hiline Road.. Kent
Kearns said he felt the LU &D Commission and Council should keep the promise. Kent
Kearns spoke against the Council approving the application by DeLoy Stuart. Kent
Kearns felt if approved, the Council will not be able to enforce the access management
plan. Mr. Kearns went through the schedule of controls that he would object to in the
area. Mr. Kearns requested the Council deny this application for a zone change by DeLoy
Stuart, Mr. Kearns suggested the neighborhood, LU &D Commission and Council re -visit
the Land Use Map and remove the concerned multi -use businesses that can be allowed.
Mark Bunce, 755 E. Chubbuck spoke against approval of the application by DeLoy
Stuart.
Mayor Cotant declared the public hearing closed.
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COUNCIL MEETING MINUTES - (cont.)
January 27', 2004
PUBLIC HEARING - CHANGE OF ZONING FOR 770 E. CHUBBUCK ROAD - (cont.)
Councilman Gunter stated he felt this is an improvement to the area, stating he is in favor
of the Deloy Stuart's zoning change application.
Councilman Quick stated he is in favor of the change in zoning for 770 E. Chubbuck
Road. Councilman Quick expressed concern about chemicals for a photography studio,
Deloy Stuart stated there are no chemicals. Discussion about reviewing the schedule of
controls.
Councilman England stated his concern is once you zone it commercial that if Mr. Stuart
sold the property tomorrow it would still be commercial, there could be an objectable use
go in without review. Councilman England said he is not opposed to this application, but
would like to make sure this is the only use.
Councilman England moved to approve the application by DeLoy Stuart for a change of
Land Use District from (R -1), Singe Family Residential to (C -1), Limited Commercial for
professional offices at 770 E. Chubbuck Road for DeLoy Stuart's application specific use
only, pending the change of Schedule of General Controls, Councilman Quick seconded.
Roll Call Vote: Quick, yes; England, yes; Gunter, yes; Kearns, stepped down.
Motion passes 3 -0.
Councilman Kearns returned to his Council Seat.
REQUEST FOR POTENTIAL SEWER AND WATER CONNECTION - BLAIR LONG, 12503
NORTH YELLOWSTONE AVE. - Blair Long is requesting that the property be
considered for possible hook -up to the City of Chubbuck water and /or sewer system.
Outside City and Urban Renewal Boundary.
PWD Smart stated Richard Long is trying to get a separate title to a house and lot that are
part of a bigger parcel owned by his father, Richard Long. Apparently, Bannock County
told him they would not authorize the sale or transfer of the house and property, because
it would create a single family residential parcel less than five acres in size, not connected
to city water and sewer. Mr. Long is requesting we give authorization for him to connect
to city water and sewer at some point in the future. This official authorization would be
used to leverage county approval for transfer of the property to Blair Long.
Attorney Holmes stated it can be done.
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COUNCIL MEETING MINUTES - (cont.)
January 27`'', 2004
REQUEST FOR POTENTIAL SEWER -WATER CONNECTION - BLAIR LONG AT 12503
Councilman Quick moved to approve a City water -sewer connection to Blair Long at
12503 Hawthorne when needed, at which time the property will be annexed to the City of
Chubbuck, Councilman England seconded. Roll Call Vote: Quick, yes; England, yes;
Gunter, yes; Kearns, no. Motion passes (3 -1).
IDAHO ROAD SCHOLAR PROGRAM - Bruce Drews stated City Maintenance Supervisor
Bryan Hall has completed the Basic Level 1 Courses of the Idaho Road Scholar Program.
Bryan Hall was presented a framed Certificate for completing the courses.
REQUEST FOR THE CITY TO ACCEPT DEDICATION OF RACHEL'S RAINBOW
SUBDIVISION STREETS - PWD Smart stated the request was given to the City in October,
2003. The direction of the Council at that time was to require the owners to have their
sewer lines inspected by a closed circuit tv. They did this, and the City Staff found a
couple problems in a small area. City has talked to the owners about the problems, if the
Council were inclined to accept the dedication of Rachel's Rainbow Subdivision streets
the problems will need to be repaired. Discussion about snow removal.
Kent England, Rachel's Rainbow Subdivision requested the City accept the dedication of
Rachel's Rainbow Subdivision subject to the owners of Rachel's Rainbow Subdivision
making the required repairs.
Kent England stated the original developer told him the street was built to City Standards.
Councilman England moved to accept the Dedication of Rachel's Rainbow Subdivision
Streets subject to owner's repair of sewer problems discovered by the City closed circuit
tv system, Councilman Gunter seconded. All council members voted in favor of motion.
ADOPT PLAN AS THE DEVELOPMENT PLAN FOR YELLOWSTONE AVE /4TH FROM
THE SOUTH 5TH INTERCHANGE TO RESERVATION ROAD - Mori Byington, BPO
was present to say the BPO Policy Board asked the Chubbuck City Council to consider
adopting the development plan for Yellowstone Ave /4th from the south 5`h Interchange to
Reservation Road. Mr. Byington stated this is a 20 year plan.
Councilman England moved to adopt this Plan as the Development Plan for Yellowstone
Ave /4th from the South 5"' Interchange to Reservation Road as presented, Councilman
Kearns seconded. All council members voted in favor of motion.
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COUNCIL MEETING MINUTES - (cont)
January 27t'', 2004
BANNOCK COUNTY MUTUAL ASSISTANCE AGREEMENT - Fire Chief Eric King stated
this agreement is a Mutual Assistance Agreement that covers the Bannock County area.
FC King stated this agreement might make the difference in getting a Federal Grant, the
Feds look at how agencies are working together, especially their mutual aid agreements.
FC King recommended the Council adopt a Mutual Assistance Agreement with Bannock
County with parameters set by the Council regarding area of coverage.
Councilman Gunter moved to approve a Bannock County Mutual Assistance Agreement
with the understanding there will be parameters and guidelines set as policy, Councilman
Kearns seconded. All council members voted in favor of motion.
Councilman Gunter suggested FC King and Council meet at prior to next Council
Meeting at 6:00 p.m, February 10"', 2004 to set parameters and guidelines.
PROCLAMATION - "GIRLS AND WOMEN IN SPORTS DAY" - Mayor Cotant read the
proclamation in full.
Councilman Quick moved to direct Mayor Cotant to proclaim February 7th, 2004 as
"Girls and Women in Sports Day ", Councilman England seconded. All council members
voted in favor of motion.
ORDINANCE - amending references in Sections 18.12.030 (C) and (D) of the Chubbuck
Municipal Code to change references from the Uniform Fire Code to the International
Fire Code; repealing Chapter 15.48 regarding key box and hazardous material
information units that are superseded by the International Fire Code.
Attorney Holmes read ordinance by title only for the second reading.
Council tabled the ordinance until the February 10', 2004 Council Meeting.
ORDINANCE # #584 - providing for change of Land Use District with respect to certain lands
within the boundaries of the City of Chubbuck from Limited Residential, (R -2) to
Industrial, (I); declaring that the City Council finds that such change in Land Use district
is compatible with the Land Use Pattern prescribed by the City's Comprehensive Plan.
Con and Tari Jensen - Land at 4563 Burley Drive
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COUNCIL MEETING MINUTES - (cont.)
January 27th, 2004
ORDINANCE #584 - (cont)
Attorney Holmes read Ordinance #584 in full for the third and final reading.
Councilman Gunter moved to adopt Ordinance #584 as read, Councilman Quick
seconded. Roll Call Vote: Quick, yes; England, yes; Gunter, yes; Kearns, yes.
ELECTION OF PRESIDENT OF COUNCIL - Mayor Cotant recommended Council member
Kent Kearns be President of Council in 2004.
Councilman England moved Councilman Kent Kearns be President of Council in 2004,
Councilman Quick seconded. All council members voted in favor of motion.
DISCUSSION ABOUT AMENDING ORDINANCE #564 - Councilman Quick stated he has
received several calls about the Day Care Ordinance #564 and the impact it has on day
care providers. Mary Harker was at Council Meeting recently, and the City has not
followed up with her concerns. Councilman Quick stated he thought the City of
Chubbuck ordinance was fairly close to the State regulations. Councilman Quick
expressed concern about the ordinance requiring one child being cared for, being required
to comply with City Code. The ordinance used to require over five children. Councilman
Quick stated there are only seven cities in the State that have an ordinance, the cities that
do not have an ordinance are regulated by State Code. Councilman Quick said if a day
care provider receives compensation of any kind from relatives, etc. they are required to
follow City Code. Councilman Quick proposed Ordinance #564 revert back to the
previous ordinance, which states day cay providers above five are required to follow City
Code. Councilman Quick stated the City has become so restrictive on parents and
grandparents that they cannot watch their own grandchildren.
Attorney Holmes stated the ordinance was changed because the Police Department
presented the ordinance to Council with the change to one child. Attorney Holmes stated
Staff feels strong we should keep the back ground check, etc, but Staff feels some of the
building requirements might be cut back if less than five children.
Jean Higgins, Chubbuck Police Department stated the Police Department deals with child
abuse problems every day and the way the ordinance is written now protects the children.
Patty Hopkins, Chubbuck Police Department stated Idaho Falls is asking for the City of
Chubbuck Day Care Ordinance to help take care of some of their concerns.
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COUNCIL MEETING MINUTES - (cont.)
January 27`h, 2004
DISCUSSION ABOUT AMENDING DAY CARE ORDINANCE #564 - (cont.)
Councilman England stated he would like to someway see relatives, etc excluded from
the requirements. Councilman England stated that if a day care provider is getting some
kind of government help, they should comply with City Code and be licensed.
After considerable discussion, Council decided to create a committee to review
Ordinance #564 and bring recommendations to the Council.
CLAIMS - Computer print -out claims presented to Mayor Cotant and Council.
Councilman Gunter moved to approve computer print -out claims as read, Councilman
Quick seconded. All council members voted in favor of motion.
At 10:50 p.m, Councilman England moved, Councilman Kearns seconded, with full council
approval to adjourn meeting.
ow'e
Ron C. Conlin, City Clerk
John O. Cotant, Mayor