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HomeMy WebLinkAbout009-7-04LAND USE AND DEVELOPMENT COMMISSION September 7, 2004 Minutes of the regular meeting of the Land Use and Development Commission held at Chubbuck City Offices, 5160 Yellowstone, September 7, 2004. Present: Chairman Pete Anderson; Commission Members: Rodney Burch, Jason Mendenhall, Gayle Anderson, Lee Merrill, Deloy Stuart; City Staff. Steve Smart; Attorney Tom Holmes, and Secretary Myrna Crapo Chairman Anderson called the meeting to order at 7:00 p.m. Chairman Anderson asked if any commission member had a conflict of interest. There were none. Chairman Anderson asked for approval of the minutes of August 3, 2004. Jason Mendenhall moved to approve the minutes as mailed, Gayle Anderson seconded; all voted in favor. PUBLIC HEARING: 1. An application by the City of Chubbuck to add section 17.16. 100 to the Municipal Code to require the water rights to any canal water serving ground to be developed to be assigned to the city. Steve Smart informed the commission that the city may be able to get previous water rights that has been relinquished.. We will have to pay the yearly charge for the water. We should be able to divert the water rights to some other place. The developers would be required to give it to the city if this ordinance is adopted. The meeting was opened for public hearing. Nick Crookston, 246 E. Chubbuck Road, is concerned with the cities application. He would like to see some of the section to be rewritten to address the issue of someone wanting to use their water rights some place else. He would like to have it worded so it is not absolute requirement. The public hearing was closed and brought back to the commission. The commission discussed: 1. If a developer wants to use the water rights as a secondary system to develop his property. 2. Someone would need to own and manage the secondary water systems. 3. There may be standards out there that could be adopted by the city 4. Putting the ordinance off until they develop a standard. The city doesn't have a standard now. 5. Adopt the ordinance by- the city with the wording changed to allow a flexibility in using the water rights. 6. Putting a time limit when they can use it in their development Jason Mendenhall moved that we recommend to the city council approval of the application by the city to add section 17.16. 100 to the Municipal Code to require the water rights to any canal water serving ground to be. developed to be assigned to the city with the recommendation that in this ordinance it allows for the developers if they have the ability to us the water they are able to do so and that the city start working on guideline and requirement for a secondary water system. DeLoy Stuart seconded. Roll call vote: Rodney Birch, yes; Jason Mendenhall, yes; Gale Anderson, yes; Lee Merrill, yes; Deloy Stuart, yes; Pete Anderson, yes. Land Use and Development Commission September 7, 2004 Page 2 2. An application by the City of Chubbuck to amend ordinance 16.16.030 to provide an administrative charge for each time the city must remediate dust or spillage of dirt, mud, building materials and waste articles onto city streets for adjacent properties The meeting was opened for public comment. Chairman Anderson read the ordinance. Darns Ellis, talked about the problems he had in his subdivision with dust and home owners. A lady (who has asthma) in the subdivision calls the city frequently when the dust is blowing. Steve Smart we need to have builders take the responsibility for dust control. The commission discussed: 1. The responsibility going to the individual owners 2. Using a notification to the person who is causing the problem 4. The city needs to come up with some answers with what they can do to help. The public hearing was opened for public comment. The public hearing was closed and brought back to the commission Jason Mendenhall moved to recommend approval to the city council to amend ordinance 16.16.030 to provide an administrative charge for each time the city must remediate dust or spillage of dirt, mud, building materials and waste articles on the city streets for adjacent properties. Lee Merrill seconded. Roll call vote: Rodney Burch, yes; Jason Mendenhall, yes; Gale Anderson, yes; Lee Merrill, yes; Deloy Stuart, yes, Pete Anderson, yes. GENERAL BUSINESS: 1. Conference of the Idaho Planning Association in September. The city needs to know if any one wants to go. Jason Mendenhall moved to adj ourn at 8:10 pm. Myrna Crap, , Secretary