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Home My WebLink About07 08 2003 CMCOUNCIL MEETING MINUTES July 8 ', 2003 Minutes of a regular meeting held at the Ellis Elementary School, July I 11h, 2003. 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 called to order at 7:30 p.m. by Mayor Cotant. PLEDGE ALLEGIANCE TO THE FLAG APPROVAL OF MINUTES - Mayor Cotant asked for corrections and additions to the Special Meeting Minutes of June 10`h, 2003 and Regular Meeting Minutes of June 10`h, 2003. Councilman Kearns moved to approve the Special Meeting Minutes of June 10`h, 2003 and Regular Meeting Minutes of June 10`h, 2003 as read, Councilman Quick seconded. All council members voted in favor of motion. PUBLIC HEARING - An application by Rodney Burch, 375 Lisa, Chubbuck, Idaho 83202 for a change of Land Use District from General Residential, (R -3) to Limited Commercial, (C- 1) for use as professional office spaces. Property is located at 485 West Chubbuck Road. The Land Use and Development Commission recommended approval. Mayor Cotant declared the public hearing open. Richard Marley, 5150 Stuart stated Mr. Burch had asked for apartments to be on the property on a prior application, now he is asking to change it to Limited Commercial, (C- 1). Mr. Marley expressed concern about how many different uses can be applied for. Darns Ellis, 13560 N. Hawthorne Rd. suggested a traffic light be installed at W. Chubbuck and Hawthorne Roads. Discussion about cost of a traffic light. There being no further comments, Mayor Cotant declared the public hearing closed. Councilman Kearns moved to accept the recommendation of the Land Use and Development Commission and approve the application by Rodney Burch for a change of Land Use District from General Residential, (R -3) to Limited Commercial, (C -1) for use as professional office spaces at 485 W. Chubbuck Road, Councilman Gunter seconded. All council members voted in favor of motion. 101 COUNCIL MEETING MINUTES - (cont.) July 8 "', 2003 PUBLIC HEARING - An application by Darris Ellis, 13560 N. Hawthorne Road, Pocatello, Idaho for annexation and a zoning change from Agricultural, (A) to Planned Unit Development, (PUD) for residential use with subordinate commercial uses. Property is located south of Margaret Street. The application is for Park Meadows P.U.D. 4`h, 5t , 6`h, and 7`h Additions. The Land Use and Development Commission recommended approval. Mayor Cotant declared the public hearing open. Donna Jones, 4729 Ponderosa presented several pictures showing the dust in her home. Donna Jones, 4729 Ponderosa stated the development is not in compliance with rules for the control of air pollution in Idaho. Mrs. Jones stated the developer told her that it is not his issue because he has sold the property. Mrs. Jones stated that non - compliance with site containment rules are prevalent in the City of Chubbuck. Mrs. Jones presented the following proposal: That in the interest of the citizens and property owners of Chubbuck and as a part of the permitting process the City should adopt an ordinance or a rule that would require a "Site Containment Plan" from anyone applying for a construction or building permit. This documented plan should be detailed, and should include not only an intent to comply with site containment rules but also demonstrate, "how, when and where and in what time frame" the applicant will succeed in this compliance. It should also be a requirement that the "Containment Plan" list an authorized agent (and contact information for that individual). It should not be incumbent upon any Citizen or City or State Officials to track down the responsible person or persons on a construction site when non - compliance is evident. Mrs. Jones also suggested that the developer be required to present such a documented plan before he is allowed to turn one more shovel of dirt. Faye Jones, 4729 Ponderosa agreed with his wife about dust concerns. Linda and Tom Vanderford, 4711 Ponderosa stated they have the same concerns and solutions as Donna and Faye Jones. Mayor Cotant declared the public hearing closed. Public Works Director Smart stated each individual contractor is required to keep the dirt watered down, it is a matter of City enforcement. 103 COUNCIL MEETING MINUTES - (cont.) July 8 "', 2003 PUBLIC HEARING - PARK MEADOWS PUB SUBDIVISION - (cont.) Mayor Cotant suggested a meeting be called tomorrow at City Hall advising each individual contractor they will be red tagged if the dirt and dust problem is not corrected at once. Councilman Kearns moved to accept the Land Use and Development Commission's recommendation to approve annexation and a zoning change from Agricultural, (A) to a Planned Unit Development, (PUD) for residential use with subordinate commercial uses on property south of Margaret Street, Park Meadows Planned Unit Development 4`h, 5`", 6 ', and 7"' Additions, subject to dust abatement by individual contractors, Councilman England seconded. All council members voted in favor of motion. Councilman England suggested the dust abatement concerns be included on the July 22nd 2003 Council Meeting Agenda. VICTORIAN VILLAGE, 3RD ADDITION FINAL PLAT - PWD Smart recommended approval of the Victorian Village, Yd Addition Final Plat. Councilman England moved to approve the Victorian Village 3rd Addition Final Plat as presented, Councilman Kearns seconded. All council members voted in favor of motion. BUSINESS LICENSE APPLICATION - Valarie J. Traughber, 8733 Kraft Road, Pocatello, Idaho has applied for a business license to sell ice cream from a truck on City streets. Councilman Kearns moved to grant Valarie J. Traughber, 8733 Kraft Road, Pocatello a business license to sell ice cream from an ice cream truck on City streets, Councilman Gunter seconded. All council members voted in favor of motion. ORDINANCE #573 - Adding Section 6.08.045 to the Chubbuck Municipal Code to require a land -line telephone at a daycare facility. Attorney Holmes read Ordinance #573 in full for the third and final reading. Councilman Quick moved to adopt Ordinance #573 as read, Councilman England seconded. Roll Call Vote: Quick, yes; England, yes; Gunter, yes; Kearns, yes. 105 COUNCIL MEETING MINUTES - (cont.) July 8`h, 2003 ORDINANCE - Repealing Sections 5.05.120 and 5.05.150, enacting new Sections 5.05.120 accurate records, 5.05.150 transmittal of daily reports required, 5.05.155 stolen property - notification and 5.05.156 release of held property, 0.05.240 responsibility for compliance. Attorney Holmes read by title only for the first reading. Council tabled the ordinance until the July 22nd, 2003 Council Meeting. INTERGOVERNMENTAL AGREEMENT - NPDES MUNICIPAL STORMWATER PERMIT PWD Smart explained the Stormwater Phase II requirements and this permit application place a fair amount of responsibility on local governments to ensure adequate stormwater runoff management to prevent pollution of the natural water courses. These requirements are some of the primary reasons Pocatello has been seeking the stormwater utility fee - to defray these costs, as well as other stormwater management costs they are incurring. PWD Smart said Section 4 of the agreement on Page 6, where the agreement commits the ,_. City of Chubbuck to participate in the program administered by the City of Pocatello and to reimburse Pocatello for a fair share of the program costs. Our share of those cost would be either 13% or 15% depending on the focus of the administration. PWD Smart recommended that the Council enter into this agreement and authorize Mayor Cotant to sign the agreement on behalf of the City. Councilman Gunter moved to authorize Mayor Cotant to enter into the NPFES Municipal stormwater permit intergovernmental agreement with the City of Pocatello, Councilman Kearns seconded. All council members voted in favor of motion. CLAIMS - Computer print -out claims presented to Mayor Cotant and Council. Councilman Gunter moved to approve computer print -out claims as presented, Councilman Kearns seconded. All council members voted in favor of motion. GENERAL DISCUSSION - 1. Mayor Cotant stated the Pheasant Ridge Developers agreed to plant the trees required on the south end buffering Interstate 86 up front of the development. Staff will followup on why the requirement have not been complied with. 107 COUNCIL MEETING MINUTES - (cont) July 8`h, 2003 At 8:37 p.m, Councilman England moved, Councilman Kearns seconded, with full council approval to adjourn meeting. 'e'� (-? 6we;l Ron C. Conlin, City Clerk