HomeMy WebLinkAbout04 14 1998 CM61
COUNCIL MEETING MINUTES
April 14, 1998
Minutes of a regular meeting held at the city municipal building, April 14, 1998.
Present: Mayor John O. Cotant, Council Members Leroy S. Quick, Steven M. England, Marvin C. Gunter, W. Dean Wood, At/orney Thomas J. Holmes, Public Works Director Steven
M. Smart and City Clerk Ron C. Conlin.
PLEDGE ALLEGIANCE TO THE FLAG
INVOCATION: Bishop Clark Anderson, Chubbuck 1st. Ward, The Church of Jesus Christ of
Latter-Day Saints gave the invocation.
APPROVAL OF MINUTES - Mayor Cotant asked for corrections or additions to Regular
Meeting Minutes of March 24th., 1998.
Councilman Quick moved to approve Regular Meeting Minutes of March 24~h., 1998 as
read. Councilman Wood seconded. All council members voted in favor of motion.
PUBLIC HEARING - An application by Merlin Phillips, 232 Pearl Street, Pocatello, Idaho for a
change of Land Use District from Limited Residential, (R-2) to Limited Commercial, (C-
1), with accompanying Conditional Use Permit Application to create a duplex of the
existing home using part of the existing home as an insurance office. Property is located
at 4801 Whitaker Road.
Mayor Cotant declared the public hearing Open.
Merlin Phillips, 232 Pearl Street, Pocatello stated his wife and him will live on the main
floor, the insurance office will occupy the living room and one bedroom. Mr. Phillips
stated it will be a low traffic business. Mr. Phillips stated, (C-l) zoning allows two
employees, that is why he asked for (C-l) zoning. The access to the business will be on
East Chubbuck Road.
Wayne Hale, 4825 Whitaker Road stated he is opposed to the requested (C-I) zoning
change. Mr. Hale stated if the zoning is changed to (C-l), it would open the doors to
allow any business to move into the area. Mr. Hale stated commercial zone does not fit
into the area. Mr. Hale stated he would propose the insurance office and duplex be
allowed with a conditional use permit, rather than changing the zoning to (C-1) and
opening the neighborhood up to commercial. Mr. Hale stated he is not opposed to Mr.
Phillips, but is concerned Mr. Phillips might move out, then any commercial could move
in. Mr. Hale expressed concern about devaluation of the neighborhood if zoning is
changed to (C- 1).
63
COUNCIL MEET1NG MINUTES - (cont.)
April 14, 1998
Wayne and Alane Hale presented a letter fi-om Kent England, addressing the possible
negative impact on property values around 4801 Whitaker Road. Wayne and Alane Hale
appealed the decision of the Land Use & Development Commission granting a zoning
change to (C-I). The Land Use and Development Commission does not make the final
decision on a zoning change, the City Council will make the decision.
A petition with 19 signatures on E. Chubbuck Road and Whitaker Road opposing the
application was presented to the City.
Melvin Jackson, 5111 Whitaker Road stated he is opposed the application by Merlin
Phillips.
Gene Hancock, Realtor for both Mr. Phillips and Mr. Kruger stated the address is
changing to an E. Chubbuck address. Gene Hancock stated, Mr. Phillips will take of
property, making it nicer than it is now.
Alane Hale, 4825 Whitaker Road stated she is not opposed to Mr. Phillips and his plan,
she is against the zoning being changed to (C-2). Mrs. Hale is concerned about impact on
her property values.
Mayor Cotant declared the public hearing closed.
Attomey Holmes stated because Mr. Phillips is requesting two employees, he is asking
for a zone change rather than a conditional use permit. Attorney Holmes explained the
difference between (C-l) and (C-2).
Discussion about permitted uses in a (C-I).
Councilman England suggested the Council review the permitted uses in (C- 1), make
changes if needed. Alane Hale was asked to present her conunents on which should be
permitted and which ones should be conditionally allowed. Council was in agreement to
review the permitted uses in (C-1) zoning.
Councilman England moved to accept the recommendations of Land Use & Development
Commission changing Land Use District at 4801 Whitaker Road, from Limited
Residential, (R-2) to Limited Commercial, (C-1). Councilman Gunter seconded. All
council members voted in favor of motion.
65
COUNCIL MEETING MINUTES - (cont.)
April 14, 1998
APPEAL OF LAND USE AND DEVELOPMENT'S DECISION TO DENY THE
CONDITIONAL USE PERMIT TO CREATE A DUPLEX OF THE EXISTING HOME AND
USE OF PART OF EXISTING HOME AS AN INSURANCE OFFICE -
Mr. Phillips explained, he is appealing the decision of the Land Use and Development
Commission denying him to build a duplex of the existing home at 4801 E. Chubbuck
Road and using part of the existing home as an insurance office. Mr. Phillips stated, he
had withdrawn his application to build a four plex on the north side of his property at
4801 E. Chubbuck Road and is in process of applying for a conditional use permit for a
duplex on the north side of his property at 4801 E. Chubbuck Road. The proposed duplex
will be in the same location as the four plex that was denied.
Councilman Wood moved to allow Merlin Phillips to build a duplex in the existing home
at 4801 E. Chubbuck Road, also allowing the use of part of the existing home as an
insurance office. Councilman England seconded. All council members voted in favor of
motion.
PUBLIC HEARING - An application by BC Circle Properties, LLC, 310 North 2''d. East,
Rexburg, Idaho for a preliminary plat for BC Circle Subdivision. Property is located at
northwest comer of Circle Inn Drive and Yellowstone Ave., (4907 Yellowstone Ave.).
Property is currently zoned, General Commercial, (C-2).
Mayor Cotant declared the public hearing open.
Brett Hastings, Rexburg, Idaho was present representing BC Circle Properties. Mr.
Hastings answer questions regarding the BC Circle Subdivision Plat.
PWD Smart stated it was his understanding the preliminary plat is presented in the final
plat form and BC Circle Properties wanted the BC Circle Final Plat approved tonight
also. The BC Circle Subdivision Final Plat is not on the agenda tonight. After discussion,
it was decided the preliminary plat will be approved tonight and then a Special Meeting
will be called for Thursday night at 5:30 p.m. for approval of the BC Circle Subdivision
Final Plat.
There being no comment from public, Mayor Cotant declared the public hearing closed.
Councilman England moved to approve the BC Circle Subdivision Preliminary Plat as
presented. Councilman Quick seconded. All council members voted in favor of motion.
67
COUNCIL MEET1NG MINUTES - (cont.)
April 14, 1998
PUBLIC HEARING - Area of City Impact Agreement between Bannock County and the City of
Chubbuek for the unincorporated areas of the county lying outside the City of Chubbuck
city limits. This proposed, negotiated agreement will ensure county and city cooperation
in planning for an orderly growth process of the urban fringe area. A defined
geographical area of city impact is proposed and should be in harmony with the
Comprehensive Plan.
Mayor Cotant declared the public hearing open.
Asst. Planning Director Larry Kohntopp passed out an of Area of City Impact Area.
PWD Smart explained how general agreement between Cities and County came about.
All entities have agreed to area of City Impact.
There being no comment from public, Mayor Cotant declared the public hearing closed.
Councilman Quick moved to accept the City Impact Agreement between Bannock
County and the City of Chubbuck for the unincorporated areas of the county lying
outside the City of Chubbuck city limits. Councilman Gunter seconded. All council
members voted in favor of motion.
PUBLIC HEARING - Revising water, sewer and sanitation rates. The public hearing is
conducted as authorized by Idaho Code 63-2224.
Mayor Cotant declared the public hearing open.
Mayor Cotant explained why the rate increases.
Mary Sampson, 935 Stone expressed concern the City has three meter readers. PWD
Smart explained, our meter reader is training two part time meter readers to be used
during summer months.
Richard Marley, 5150 Stuart expressed concern about what the regular meter reader is
going to do. PWD Smart explained regular meter reader duties during summer months
after training of part time employees are finished.
There being no further comments from public, Mayor Cotant declared the public hearing
closed.
69
COUNCIL MEETING MINUTES - (cont.)
April 14, 1998
RESOLUTION #2-98 - Amending the rates to be charged by the City for water furnished
through the municipal water system.
Councilman England moved to adopt Resolution #2-98 effective April 1, 1998, as read.
Councilman Gunter seconded. All council members voted in favor of motion.
RESOLUTION #3-98 - Amending the rates to be charged by the City for Garbage Collection
provided through the municipal sanitary collection system.
Councilman Wood moved to adopt Resolution #3-98, effective April 1, 1998, as read.
Councilman Quick seconded. All council members voted in favor of motion.
RESOLUTION #4-98 - Amending the rates to be charged by the City for connection system and
treatment services furnished through the municipal wastewater system.
Councilman Gunter moved to adopt Resolution #4-98 effective April 1, 1998, as read.
Councilman Wood seconded. All council members voted in favor of motion.
RESOLUTION - #5-98 - Amending the rates to be charged by the City for wastewater collection
and treatment services furnished through the municipal wastewater system.
Councilman England moved to adopt Resolution #5-98, effective April 1, 1998, as read.
Councilman Gunter seconded. All council members voted in favor of motion.
BUSINESS LICENSE APPLICATION - Bill Brown, 5351 Whitaker Road has applied for
license to sell corn at the comer of the Yellowstone Ave. and E. Chubbuck Road,
(formerly, K & B Kwik Shop).
Police Department recommended approval of the license.
Councilman England moved to grant a business license to Bill Brown, 5351 Whitaker
Rd. to sell corn from his track at Yellowstone Ave. and E. Chubbuck Road, (formerly K
& B Kwik Stop). Councilman Gunter seconded. All council members voted in favor of
motion.
BANNOCK PLANNING ORGANIZATIONS LONG RANGE POLICIES, GOALS AND
STRATEGIES FOR THE TRANSPORTATION SYSTEM - BPO Representative's were present
at last meeting and presented Bannock Planning Organization's long range polices, goals
and strategies for the transportation system to Mayor Cotant and Council.
BPO'S
71
COUNCIL MEETING MINUTES - (cont.)
April 14, 1998
LONG RANGE POLICES - (cont.)
Councilman Quick moved to accept the Land Use & Development Commission's
recommendation to accept the BPO's Transportation Plan as being compatible with City
of Chubbuck's long range Comprehensive Plan. Councilman Wood seconded. All council
members voted in favor of motion.
BID -
WELL #4 WELL HOUSE AND PUMP CONTROL PROJECT - Chad Coleman, Keller
Associates, Inc. reviewed the bid results, stating B & C Construction was the low bidder
at $385,994., and B & C bid documents are in order, they have complied with all bid
requirements.
PWD Smart recommended the Council accept this bid.
Councilman Quick moved to accept the B & C Construction low bid, and authorize
Mayor Cotant to enter into a contract with B & C Construction for the Well #4, Well
House and Pump Control Project. Councilman England seconded. All council members
voted in favor of motion.
ORDINANCE - Repealing Sections 08.08.010, 08.08.020 and 08.08.030 of the Chubbuck
Municipal Code and inserting in lieu thereof Section 08.08.010 requiring any retail sales
of non-aerial common fireworks or public display or other event using fireworks to have
a permit, adding Section 08.081020 to conform the definitions in the Chubbuck Municipal
Code to the Idaho State Code.
Mayor Cotant read ordinance in full for the first reading.
Council tabled the ordinance until the May 12, 1998 Council Meeting.
1996-97 FISCAL YEAR AUDIT - City Auditor Scott Jones presented the 1996-97 Fiscal Year
Audit to Mayor Cotant and Council.
Councilman Quick moved to accept the 1996-97 Fiscal Year Audit as presented by City
Auditor Scott Jones. Councilman Gunter seconded. All council members voted in favor
of motion.
FINANCIAL REPORT for month of March, 1998 presented to Mayor Cotant and Council.
73
COUNCIL MEETING MINUTES - (cont.)
April 14, 1998
CLAIMS - Computer print-out claims presented to Mayor Cotant and Council.
Councilman Wood moved to approve computer print-out claims as read. Councilman
England seconded. All council members voted in favor of motion.
At 10:27 p.m., Councilman England moved, Councilman Wood seconded, with fifll council
approval to adjourn meeting.
Ron C. Conlin, City Clerk
April 7, 1998
Chubbuek City
5160 Yellowstone
Chubbuck, Idaho 83202
Dear Mayor Cotant and City Council;
We wish to appeal the April 2~ decision of the Land Use Board for our conditional
use application at 4801 Whitaker Road.
Based on the boards recommendation to allow a l'e-zonlng to C-l, our conditional
use apph'cafion is to have a basement apattment rental and to include my Insurance
O~J. ee oB th~ nmin floor in fi'ont using the living room and one bedroom, my with
and I will live in the othar eight rooms.
Mr. Anderson's motion to deny our application was based on the feeling that
mixillg of a Rental Residential m a C-1 zone was not an appropriate use.
we feel this is a very appropriate use. We would point out that a Duplex ~n~t a
Professional Office (I have two secretarial employees) Are allowed using the
conditional use method in a C-1 zone, section City Code 18.08.040.
We ask that you to please reconsider our applieafioa
Respectfully
Merlin and Sharon phillips
April 10, 1998
We, the undersigned, wish to appeal the decision of the Chubbuck City
Land Use Commission, on April 2, in granting a zoning change from R-2 to
C-1 at 4801 Whitaker Road, at the corner of Chubbuck Road. We seek
clarification on the potential impact of that zone change on the adjoining
properties and neighborhood, a clearer idea of what kinds of business
could actually be allowed within a C-1 zone, and what recourse we have as
property owners in case of an undesirable business being placed there.
We seek to be more informed about the City's long-range plans for the
whole area, particularly along East Chubbuck Road, in relation to the
revised Comprehensive Plan.
,P.s.
GATE CITY REAL ESTATE CO.
BETTER HOMES AND GARDENS®
December 30, 1997
Wayne and Alane Itale
4825 ~k~fitaker
Chubbuck ID 83202
This letter is in response to your request concerning the impact of apartments being built
in a neighborhood previously restricted to single family homes.
There is no question in my mind that this would negatively impact the property values in
the area. The number of homes in a given area is always a concern to a developer tD'ing to
create a certain environment. They will establish guidelines as to open space factors and
numbers of housing units in order to protect the values they hope to achieve in the sale of
their lots. People then buy the land with the belief that the environment will remain the
same. When the zoning is changed to allow a higher density, the envirm ~nent changes and
the property values will decrease. I respect the individual owners right to do with his
property ns he pleases, but the fact that we can affect the values of our neighbors property
is the whole basis for zoning laws.
Hopefully this answers your question. Please call ifI can be of any assistance.
Sincerely,
/ tL r'
Kent England
Associate Broker
Gate City BH&G
804 E. Center · Pocatello, ID 83201
Office: (208) 233-6821
We, the undersigned, object to the proposal of Merlin Phillips to rezone the property at 4801 to
Limited Commercial, to build a duplex and an insurance office in the existing home, and to build a
4-plex on the same lot. Our objections include, but are not limited to, the following reasons:
Commercial zones do not belong in the middle of a residential area.
Commercial zoning will devalue the surrounding properties.
Commercial zoning will leave surrounding residents at the mercy of even more
detrimental development which will devalue surrounding properties with no recourse.
4-plexes have no place in a limited residential neighborhood.
4-plexes would have a negative impact on the values of surrounding properties.
There is little room on this lot for a 4-plex without infringing on existing utility
easements, established irrigation channels, parking and traffic for 5 rental units plus
business clients and family members, and required setbacks.
A two-story apartment structure would virtually eliminate all backyard privacy for the
neighbors.
The most recent in-home business at this location has resulted in modifications which
have made it difficult to sell as is; surrounding residents should not have to pay the
penalty for this.
We. the undersigned, object to the proposal of Merlin Phillips to rezone the property at 4801 to
Limited Commercial, to build a duplex and an insurance office in the existing home, and to build a
4-plex on the same lot. Our objections include, but are not limited to, the following reasons:
Commercial zones do not belong in the middle of a residential area.
Commercial zoning will devalue the surrounding properties.
Commercial zoning will leave surrounding residents at the mercy of even more
detrimental development which will devalue surrounding properties with no recourse.
4-plexes have no place in a limited residential neighborhood.
4-plexes would have a negative impact on the values of surrounding properties.
There is little room on this lot for a 4-plex without infringing on existing utility
easements, established irrigation channels, parking and traffic for 5 rental units plus
business clients and family members, and required setbacks.
A two-story apartment structure would virtually eliminate all backyard privacy for the
neighbors.
The most recent in-home business at this location has resulted in modifications which
have made it difficult to sell as is; surrounding residents should not have to pay the
penalty for this.
We, the undersigned, object to the proposal of Merlin Phillips to rezone the property at 4801 to
Limited Commercial, to build a duplex and an insurance office in the existing home, and to build a
4-plex on the same lot. Our objections include, but are not limited to, the following reasons:
I. Commercial zones do not belong in the middle ora residential area.
2. Commercial zoning will devalue the surrounding properties.
3. Commercial zoning will leave surrounding residents at the mercy of even more
detrimental development which will devalue surrounding properties with no recourse.
4. 4-plexes have no place in a limited residential neighborhood.
5. 4-plexes would have a negative impact on the values of surrounding properties.
6. There is little room on this lot for a 4-plex without infringing on existing utility
easements, established irrigation channels, parking and traffic for 5 rental units plus
business clients and family members, and required setbacks.
7. A two-story apartment structure would virtually eliminate all backyard privacy for the
neighbors.
8. The most recent in-home business at this location has resulted in modifications which
have made it difficult to sell as is; surrounding residents should not have to pay the
penalty for this.
NAME ADDRESS PHONE
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Memo
To: Mayor Cotant and City Council
From: Steven M. Smart
Subject: Well No. 4 bids
Date: April 14, 1998
Attached is a letter from Chad Coleman at Keller & Associates regarding the
status o£the bids for Well no. 4 received last Tuesday, April 7. You will note that they have
determined that the bid from B&C Construction was in order and found no reason why we
should not award the contract to them.
I recommend that you accept this bid and authorize the Mayor to enter into a
contract with B&C Construction.
Thanks,
Steve
LLER
SSOCIATES, INC.
April 10, 1998
City of Chubbuck, Idaho
Attn.: Steve Smart, P.E. - City Engineer
P.O. Box 5604
Chubbuck, ID 83202-0006
Re: Well g4 Bid Results
Dear Steve:
I have reviewed the bid results for the Well g4 Well House and Pump Controls project.
B&C Constmction was the low bidder at $385,994.00. I have reviewed their bid
documents and find all to be in order. It appears that they have complied with all bid
requirements. For your information, I have included a bid tabulation for each of the
bidders with this transmittal.
I know of only one irregularity regarding this bid. Layne Christensen Company, an
approved manufacturer of air stripping towers, purchased Hydro Group in early April.
Hydro Group has extensive experience manufacturing air stripping towers but Layne
Christensen Company does not. Their pre-bid submittal included the required list of
installed towers to show sufficient experience. The list was titled, "...projects provided by
Layne Christensen Co. and their predecessors".
In this manner, Layne Christensen has satisfied the intent of the requirements as far as I am
concerned. Some of the disappointed tower suppliers have called to say that they do not
think that Layne Christensen should be allowed to provide a tower since they do not have
the required experience themselves. The disappointed tower suppliers have also called
into question the financial status of Layne Christensen Company.
I called John Balla, Sr. Project Engineer for Layne Christensen Company, to ask some
questions. He indicated that in January 1998 Hydro Group had 24 employees. At this time
23 of the 24 now work for Layne Christensen at the same facilities. According to him, the
engineering and manufacturing processes remain unchanged and unmoved. The financial
status of the company is not a concern to me as we do require Performance and Payment
Bonds from the general contractor. The cities' construction contract is with the general
contractor not with the tower supplier. I am only concerned with the technical ability of
the tower supplier to meet the intent of the specifications with regard to the water
A COMPANY OF PROFESSIONAL ENGINEERS AND SCIENTISTS
KELLER ASSOCIATES INC., 545 BENJAMIN LANE, SUITE 185, BOISE, IDAHO 83704/(208) 375-1992
Steve Smart, P.E.
City of Chubbuck
April 10, 1998
Page 2
treatment required. The ability of the tower supplier to perform on his obligations with the
general contractor appear to be the concern of the general contractor and not the city.
It is my opinion that Layne Christensen company has the technical ability to meet the
intent of the specifications. Further, they met the intent of the pre-bid submittal by
providing the list of installations.
I recommend that the City of Chubbuck award a contract for Well g4 Well House and
Pump Controls in the amount of $385,994.00 to B&C Construction of Chubbuck, Idaho.
I will plan on meeting with you and the successful bidder for a pre-construction meeting
later this month. At that time we will define roles and responsibilities and make plans for
a successful project. If you have any questions regarding the information I have presented,
please give me a call.
Sincerely,
KELLER ASSOCIATE~, I~C
Project Manager
enclosure
cc: 196040-2EKREF
A COMPANY OF PROFESSIONAL ENGINEERS AND SCIENTISTS
KELLER ASSOCIATES INC., 545 BENJAMIN LANE, SUITE 185, BOISE, IDAHO 83704 ! (208) 375-1992