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