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HomeMy WebLinkAbout05 12 1998 CM85 COUNCIL MEETING MINUTES MAY 12, 1998 Minutes of a regular meeting held at the city municipal building, May 12, 1998. Present: Mayor John O. Cotant, Council Members iLeroy S. Quick, Steven M. England, Marvin C. Gunter, Attorney Thomas J. Holmes, Public Works Director Steven Smart and City Clerk Ron C. Conlin. Councilman W. Dean Wood was excused. PLEDGE ALLEGIANCE TO THE FLAG APPROVAL OF MINUTES - Mayor Cotant asked for corrections or additions to Regular Meeting Minutes of April 28th., 1998. Councilman Gunter moved to approve Regular Meeting Minutes of, April 28th., 1998 as read. Councilman Quick seconded. All council members present voted in favor of motion. PUBLIC HEARING - An application by Heritage Development, P.O. Box 2684, Pocatello, Idaho for a change in Land Use District, upon requested annexation, to Limited Residential, (R-2) for property located at comer of Siphon and Whitaker Road. Property is presently zoned, Agricultural, (A). There was not one present from Heritage Development. Mayor Cotant declared the public hearing open. Melvin Jackson, 5111 Whitaker Road suggested Heritage Development application be held up until they can come up with a workable scheme to use irrigation water that is available. There being no further comment, Mayor Cotant declared the public hearing closed. Project Engineer Gerd Dixon stated, the City is trying to accumulate water rights not wanted throughout the City. Councilman Quick moved to table the Heritage Development application for a change in Land Use District, upon requested annexation, to Limited Residential, (R-2), until a representative from Heritage Development can be present. Councilman England seconded. All council members present voted in favor of motion. The northerly section of Victorian Village if zoned, (R-2), would differ from the (R-I) zoned, on southerly half. The intentions of Heritage Development are to have the option to build Zero-lot Line homes intermingled with the single Family dwellings in this 87 COUNCIL MEETING MiNUTES - (cont.) May 12, 1998 PUBLIC HEARING - HERITAGE DEVELOPMENT - (cont) - proposed 1st. Addition. Staff opinion is that the (R-2) would also be a good buffer against the light commercial and industrial uses proposed to the northwest. PUBLIC HEARING - An application by Heritage Development, P.O. Box 2684, Pocatello, Idaho for a preliminary plat for Victorian Village 1~. Addition. A subdivision located at comer of Siphon and Whitaker Road. Mayor Cotant declared the public hearing open, there being no comment, Mayor Cotant declared the public hearing closed. Discussion about streets on Victorian Village Preliminary Plat. Councilman Quick moved to table the application by Heritage Development review of a preliminary plat for Victorian Village 1st. Addition. A subdivision located at comer of Siphon and Whitaker Road. PUBLIC HEARING - An application by Melvin W. and Mary Jackson, 5111 Whitaker Road, Chubbuck, Idaho for a change of Land Use District to Single Family Residential, (R-l) for 5111 and 5101 Whitaker Road. Property is presently zoned, Limited Residential, (R- 2) and Industrial, (I). PUBLIC HEARING - An application by William W. and Sarah Brown, 5351 Whitaker Road, Chubbuck for a change of Land Use District to Single Family Residential, (R-l), for 5351 Whitaker Road. Property is presently zoned, Limited Residential, (R-2), and Industrial, (I). PUBLIC HEARING - An application by Rick D. and Alene Keller, 5215 Whitaker Road, Chubbuck for a change of Land Use District to Single Family Residential, (R-l), for 5215 Whitaker Road. Property is presently zoned, Limited Residential, (R-2). PUBLIC HEARING - An application by G. Kent and Nancy Shiozawa, 5321 Whitaker Road, Chubbuck for a change of Land Use District to Single Family Residential, (R-l) for 5321 Whitaker Road. Property is presently zoned, Limited Residential, (R-2). PUBLIC HEARING - An application by Darrel Verlyn and Dixie Ashton, 5369 Whitaker Road, Chubbuck for a change in Land Use District to Single Family Residential, (R-l), for 5469 Whitaker Road. Property is presently zoned, Limited Residential, (R-2). Mayor Cotant declared the public hearing open. 89 PUBLIC HEARING - PROPOSED ZONING CHANGE ON WHITAKER ROAD - (cont.) Wayne Hale, 4825 Whitaker Road stated he has not applied for the zoning change as of yet, but will if required. Mr. Hale said the neighbors on Whitaker Road is in agreement with Councilman Quick's suggestion that the filing fees for the zoning change be returned to the applicants that applied for the R-1 zone change, and that a work study session with the neighborhood be conducted. Councilman Quick moved to accept the recommendations of the Land Use & Development Commission's recommendations to; 1) Deny the applications of Melvin Jackson, 5111 Whitaker Road, William Brown, 5351 Whitaker Road, Rick Keller, 5215 Whitaker Road, Kent Shiozawa, 5321 Whitaker Road and Darrel Ashton, 5369 Whitak&r Road for a change of Land Use District to Single Family Residential, (R-l). 2) Refund the filing fee monies to these applicants. 3) Conduct a work study session discussing an R-1 zoning change with the residents on Whitaker Road from East Chubbuck Road to Siphon Road. 4) City will initiate the application for an R-1 zone change on Whitaker Road. Councilman Gunter seconded. All council members present voted in favor of motion. PUBLIC HEARING - An application by Stuart Nelson, 2630 N. Inkom Road, Inkom, Idaho for review of a preliminary plat for Country Homes Subdivision. A subdivision located between 5273 and 5321 Whitaker Road. Property is presently zoned Single Family Residential, (R- 1). Mayor Cotant declared the public hearing open. Stuart Nelson was not present at the meeting. There being no comment for, or against the proposal, Mayor Cotant declared the public hearing closed. Councilman England moved to accept the recommendations of the Land Use and Development Commission to approve the Country Acres Subdivision Preliminary Plat, with lot width to length ratios as shown on the plat, which are greater than 1:2 as specified in the City Code. Councilman Gunter seconded. All council members present voted in favor of motion. PUBLIC HEARING - Adopting Ordinance #481 required Building Permit Fees increased by approx. 12%. According to idaho Code Section 63-2224 any fee increase that exceeds 105% of amount of the fee last collected, the City is required to conduct a public hearing. Mayor Cotant declared the public hearing open. Building Official Cary Campbell explained the raise in building permit fees. 91 COUNCIL MEETING MINUTES - (cont.) May 12, 1998 PUBLIC HEARING - BUILDING PERMIT FEES - (cont.) Councilman Quick moved to adopt the building permit fees in Ordinance #481. Councilman Gunter seconded. All council members present voted in favor of motion. FINAL PLAT - BAYVIEW SUBDIVISION - IDAHO POWER COMPANY - PWD Smart stated the final plat presented, conforms to the requirements of preliminary plat approval. Councilman England moved to approve the Bayview Subdivision Final Plat as presentdd. Councilman Gunter seconded. All council members present voted in favor of motion. FINAL PLAT - RITE AID COMMERCIAL DEVELOPMENT - PWD Smart stated the final plat presented, conforms to the requirements of preliminary plat approval. Councilman Gunter moved to approve the Rite Aid Commercial Development Final Plat as presented. Councilman England seconded. All council members present voted in favor of motion. BUSINESS LICENSE APPLICATION - Nolan Briscoe, 5178 Stuart has applied for license to sell shaved ice at the Smith's Food King Parking. Councilman England moved to grant a business license to Nolan Briscoe, 5178 Stuart Ave. to sell shaved ice at a shaved ice shack at Smith's Food King Parking Lot. Councilman Gunter seconded. All council members present voted in favor of motion. APPEAL OF LAND USE AND DEVELOPMENT COMMISSION - An application by Merlin Phillips, 232 Pearl Street, Pocatello, Idaho for a conditional use permit to build a duplex at 4801 Whitaker Road. Property is presently zoned Limited Commercial, (C-l). Land Use & Development Commission denied a conditional use permit application by Merlin Phillips based on not enough room and the need for yard space. Mr. Phillips presented a site plan of where he wants to locate his duplex at 4801 Whitaker Road. Mr. Phillips stated he felt the plan met all the space and parking requirements. Discussion about parking area. Alane Hale, 4825 Whitaker Road stated while they do not oppose having Merlin Phillips as a neighbor she does have concerns about setbacks to the north of Mr. Phillips proposed duplex. Concerned about green area for the duplex. Concerned about duplexes spreading throughout the area. 93 COUNCIL MEETING MINUTES - (cont.) May 12, 1998 APPEAL OF LAND USE & DEVELOPMENT DECISION ON MERLIN PHILLIP'S DUPLEX PROPOSAL - (cont.) Councilman England moved to over turn Land Use and Development's decision to deny Merlin Phillips a conditional use permit to build a duplex as proposed at 4801 Whitaker Road. The conditional use permit for Merlin Phillips to build a duplex at 4801 Whitaker Road is approved, subject to a there being a 6' screening fence buffering property to north. Councilman Gunter seconded. Roll Call Vote: Quick, no; England, yes; Gunter, yes; Wood, absent. ORDINANCE #485 - 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 08.08.020 to conform the definitions in the Chubbuck Municipal Code to the Idaho State Code; adding Section 08.08.040 to conform the time of sales and place of sales to the provisions to twenty-five dollars for a permit and to require liability and property casualty insurance of $100,000. For retail sales and $1,000,000. For public displays or other events using fireworks, amending 08.08.050 to delete the provisions for the time of retail sales since such is covered by Idaho Code. Mayor Cotant read Ordinance #485 by title only for the third reading, one of which was in full. Councilman Quick moved to adopt Ordinance #485 as read. Councilman Gunter seconded. Roll Call Vote: Quick, yes; England, yes; Gunter, yes; Wood, absent. BUSINESS LICENSE APPLICATION - Brett Harrison, Harrison Sno Shack, 4719 Yellowstone Ave. has applied for license to sell shaved ice from a shack at Wal Mart Parking Lot. Councilman Quick moved to grant a business license to Brett Harrison, Harrison Sno Shack, 4719 Yellowstone Ave. To sell shaved ice at Wal Mart Parking Lot. Councilman England seconded. All council members voted in favor of motion. MOBILE HOME REMOVAL - RULON EVANS, 4842 VALENTY ROAD - Rulon and Rebecca Evans moved in a half of mobile home to connect onto their existing mobile home at 4842 Valenty Road. BI Ray Griffin sent a letter to Mr. Evans stating when he talked to them on the phone Ray thought it was okay for the mobile home to be moved in, while waiting for Rulon Ellis to come and pick up the permit, Ray tbund out this constitutes a nonconforming use, and Mr. Evans cannot move the mobile home to the 4842 Valenty property. BI Griffin tried to 95 COUNCIL MEETING MINUTES - (cont.) May 12, 1998 MOBILE HOME REMOVAL - RULON EVANS - (cont.) contact Mr. Evans several times, but could not. In the mean time, Mr. Evans went to the Clerk's Office and was issued a moving permit to move the half of mobile home to the 4842 Valenty property, without getting a building permit to connect to the existing home. Larry Kohntopp sent a letter to Rulon Evans informing him the mobile home recently moved to the 4842 Valenty Road property with the intention of attaching to his existing mobile home is in violation of the Building Codes. Mr. Evans was given until May 1, 1998 to remove the mobile home. If it is not removed by the date, it will be turned to City Attorney. Rebecca Evans was present, asking if Rulon Evans can have until June 1, 1998, so they can disassemble the mobile home and remove from property. Mrs. Evans said they do not have the monies to have the mobile home removed. BO Cary Campbell explained why attaching the half mobile home to the existing mobile home is in violation of Building Code. Councilman Gunter moved to allow Rulon and Rebecca Evans until June l, 1998 to remove the second mobile home from their property at 4842 Valenty. Councilman England seconded. All council members present voted in favor of motion. FINANCIAL REPORT for month of April, 1998 presented to Mayor Cotant and council. MARCH 31, 1998 QUARTERLY FINANCIAL REPORT presented to mayor Cotant and Council. CLAIMS - Computer print-out claims presented to Mayor Cotant and Council. Councilman Gunter moved to approve computer print-out claims as presented. Councilman Quick seconded. All council members present voted in favor of motion. ANNOUNCEMENT _ Chubbuck School Walking Track Dedication, In Honor of Gabe Chatterton - at Chubbuck Elementary School, will be dedicated, May 18, 1998 at 4:00 p.m. 97 COUNCIL MEETING MINUTES - (cont.) May 12, 1998 At 9:00 p.m., Councilman England moved, Councilman Gunter seconded, with full council approval to adjourn meeting. Ron C. Conlh~, City Clerk MEMORANDUM To: Cary Campbell From: Larry ~/~ Subject: Rulon Evans Mobile Home Removal Date: April 30, 1998 Since I won't be at the staffmeetings on May 5~, I have listed the main items we discussed 4-29-98, 4:30 PM-6:00 PM. with Rulon Evans and his mother: 1. A conditional use permit is required for Class II mobile homes. 2. Two Class 111 mobile homes cannot be joined together. 3. Could possibly live in the existing home while a Class II were being set up behind it, [fit were conditionally permitted. (A time limit would probably be set for a completion date.) 4. An addition, built according to the UBC, could possibly be added to the existing mobile home if conditionally permitted. 5. We will discuss the situation in staff'meeting May 5'h. The Evans could meet with the City Council May 12a for permission to dismantle and salvage the trailer that was moved in. 6. We made it clear to the Evans that until the Council gave them permission to do something else, the edict was still in effect to move the second mobile home offthe premises by May 1't. 7. Those in attendance were Cary Campbell, Lan3, Kohntopp, Rulon Evans, Ann Evans. April 24, 1998 Larry L. Kohntopp City of Chubbuck P.O. Box 5604 Chubbuck, ID 83202-0006 Dear Mr. Kohntopp: I have received and reviewed the letter of April 17, 1998 from Ray Griffin, Chubbuck Building Inspector, and your letter of April 22, 1998. Copies are attached. I am at a loss to understand why you want to enforce the Chubbuck City Land Use Code in my instance when flagrant violations of that code are abundantly evident throughout the city. I have a videotape which I recorded earlier this week which shows numerous examples of such violations. For example, the Parrish property on Valenty has six pre-1976 mobile homes which clearly do not comply with the Land Use Code. Therefore, I would request that you provide me with copies of all code provisions which apply to my request, as well as an explanation as to why the other exceptions have been allowed. Please also provide me with all documentation pertaining to the other exceptions you have granted. Finally, I would ask that you suspend turning this matter over to the city attorney pending your response to this request. You gave me until May 1, 1998 to remove the mobile home from my property, but I am sure you will need more time to justify your disparate treatment of my request. I am also enclosing a copy of receipt no. 22211 whereby I was issued a permit. I believe this precludes the city from pursuing this matter any further. I look forward to hearing from you soon. Sincerely, John O. Cotantv/ Thomas J. Holmes Rulon Evans John O. Cotant, Mayor Thomas J. Holmes, City Attorney Ron C. Conlin, City Clerk/Treasurer Steven M. Smart, Public Works Director City of Chubbuck P.O. Box 5604 5160 Yellowstone Ave. Chubbuck, ID 83202-0006 Photte (208) 237-2400 LeRoy S. Quick, Councilman &even M. England, Councilman W. Dean Wood, Councilman Mary C. Gunter. Councilman April 22, I998 Rulon Evans 4842 Valenty Rd. Chubbuck, ID. 83202 Dear Mr. Evans: This letter is to inform you that the mobile home you recently moved to your lot with the intention of attaching to your existing mobile home, is in violation of Chubbuck City Land Use Code. It also would be in violation of the Building Codes to attach the two homes as you have intended. You may have until May 1, 1998 to remove the home from your property. If it is not removed by that date, it will be turned over to the City attorney. S incer, et'y, ~/ Planning Assistant John O. Cotant, Mayor Thomas j. Holmes, City Attorney Ron C. Conlin, City Clerk/Treasurer Steven M. Smart, Public Workz Director City of Chubbuck P.O. Box 5604 5160 Yellowstone Ave. Chubbuck, ID 83202-0006 Phone (208) 237~2400 LeRoy & Quick, Councilman Steven M. England, Councibnan W. Dean Wood. Councilman Mary C. Gunter, Councilman April 17, 1998 Rulon Evans 4842 V~l~n~y Rd~ Chubbuck, Id. 83202 RE: Moving a trailer to your lot Dear Rulon When we talked yesterday on the phone, I said that I thought it would be all right for you to move a mobile home to your lot to connect to your present home. And that you would need a permit to do so. While waiting for you to come in to pick up a permit, I talking to my boss and he told me that you would not be allowed to do what you wanted. Because it was a nonconforming use. I have tried twice to contact you once yesterday after our conversation and again this morning at which time I spoke to your wife. She said you had be called out to work. I asked her to have you return my call when you returned home. So do not move in another trailer, i am sorry that I was ~vrong in what i told you. I£you have any questions please call the office at 237-2430 Monday morning. Sincerely, Ray Griffin Building Inspector 1994 UNIFORM BUILDING CODE TABLE 1-A--BUILDING PERMIT FEE TOTAL VALUA110N I FEE $1.00 to 5500.00 $22.00 $501.00 to $2,000.00 $22.00 for the first $500.00 plus $2.75 for each addilional $I00.00, or fraclion Ihereof. lo and including $2.000,00 $2,001.00 to $25,000.00 $63.00 for the first $2,000.00 plus $12.50 for each additional $1.000.00, or fraction thereof, to and including $25,000.00 $25,001.00 to $50,000.00 $352.00 for the first $25,000.00 plus $9.00 for each additJoflal $1,000.00. or fraction thereof, to and including $50,000.00 $50,001.00 to $100,000.00 $580.00 for the first $50,000.00 plus $6.25 for each additional $1,000.00, or fraction thereof, to and including $100,000.00 $100,001.00 to $500,000.00 $895.00 for the first $100,000.00 plus $5.00 for each additional $1,000.00, or fraction tbemof $500,001.00 to $1,000,000.00 $2,855.00 for the first $500,000.00 plus $4.25 for each additional $1,000.00, or fraction thereof, to and including $1,000,001.00 and up $4,955.00 for the first $1,000,000.00 plus $2.75 for each additional $1,000,0~00, or fraction thereof Other Inspections and Fees: 1. Inspections outside of normal business hours ... (minimum charge--two hours) ................................ $42.00 per hour* 2. Reinspection fees assessed under provisions of . Section 108.8 ........... . .................. 3. fnspec Ohs for wh ch no fee s spec fica y nd cared ............... ' ............. $42.00 per hour* (minimum charge--one-half hour) $42.00 per hour* 4. Addit!opal plan review required by changes, additions or r~VlSlOnS [o plans ................. (minimum charge-~one-half hour) ...................................... $42.00 per hour* 5; For use of outside consultants for plan checking and inspections, or both ........ *O ...................................... Actual costs** r he tota hourly cost to the jurlsdiction, whichever is the greatest. This cost shall include supervision, overhead equipment, hourly wages and fringe benefits of the employees involved. TABLE 1-A--BUILDING PERMIT FEES $1.00 to $500.00 $23.50 $501.00 to $2,000.00 $23.50 for the first $500.00 plus $3.05 for each additional $100.00, or fraction thereof, to and including $2,000.00 $2,001.00 to $25,000.00 $69.25 for the first $2,000.00 plus $14.00 for each additional $1,000.00, or fi.action thereof, to and including $25,000.00 $25,001,00 to $50,000.00 $391.75 for the flint $25,000.00 plus $10.10 for each additional $1,000.00, or fraction thereof, to and including $50,000.00 $50,001.00 to $100,000.00 $643.75 for the fi~t $50,000.00 plus $7.00 for each additional $1,000.00, or fraction thereof, to and including $100,000.00 $100,001.00 to $500,000.00 $993.75 for the first $100,000.00 plus $5.60 for each addilinnal $1,000.00, or fraction thereof, to and including $500,000.00 $500,001.00 to $1,000,000.00 $3,233.75 for the first $500,000.00 plus $4.75 for each additional $1,000.00, or fraction thereof, to and including $1,000,000.00 $1,000,001.00 and up $5,608.75 for the first $1,000,000.00 plus $3.65 for each additional $1,000.00, or fraction thereof Other Inspections and Fees: (minimum charge---two hours) .................................................................. $47.00 per bout1 2. Reinspection fees assessed under provis OhS of Section 305.8 .................................................... 3. thspections for which no fee is specifically indicated ............................................... .. .. $47.00 per hour1 (minimum charge---one-half hour) ~ $47.00 per hour1 4. Additional plan review reqal~'ed by changes, add0ions or revisions to Inns (minimum charge-~one-half hour) P ............................................... $47.00 per hourI 5. For use of outside consultants for plan checking and inspectinns, or both ..... ' the employees involved, g 2Actual costs include administrative and overhead costs. ost shall include supervision, overhead, equipment, houri), wages and fringe benefits of