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HomeMy WebLinkAbout03 14 2000 CM33 COUNCIL MEETING MINUTES March 14th, 2000 Minutes of a regular meeting held at the Chubbuck City Council Chambers, March 14th, 2000. 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. PLEDGE ALLEGIANCE TO THE FLAG - Lead by Aaron Williams. APPROVAL OF MINUTES - Mayor Cotant asked for corrections and additions to the Regular Meeting Minutes of February 22nd, 2000. Councilman Kearns moved to approve Regular Meeting Minutes of February 22, 2000 as read, Councilman Quick seconded. All council members voted in favor of motion. PUBLIC HEARING - GARY RATLIFF PROPOSAL - An application by Gary Ratliff, 3960 S. 2nd Ave, Pocatello, Idaho 83201 for a change in the Comprehensive Plan from Industrial, (I) to Dense Residential, (R-4), and a change of Land Use District to Dense Residential, (R-4) for the northerly 6.1 acres of 306 E. Chubbuck Road. Property is presently zoned Industrial, (I). The recommendation of the Land Use & Development Commission is to approve the zone change. Mayor Cotant declared the public hearing open, there being no comment, Mayor Cotant declared the public hearing closed. Councilman England made motion to approve the application by Gary Ratliff for a change in the Comprehensive Plan from Industrial, (I) to Dense Residential, (R-4) on the northerly 6.1 acres of 306 E. Chubbuck Road. Councilman Gunter seconded. All council members voted in favor of motion. Councilman England made motion to approve a change of Land Use District to Dense Residential, (R-4) for the northerly 6.1 acres of 306 E. Chubbuck Road. Councilman Gunter seconded. All council members voted in favor of motion. PUBLIC HEARING - CITY OF CHUBBUCK PROPOSAL - An application by the City of Chubbuck, 5160 Yellowstone Ave. to change the Comprehensive Plan for the 4200-4700 Block on east side of Hawthorne Road. The Comprehensive Plan shows future land use as, (C-1 & R-4) for this area, the proposed change is General Commercial, (C-2). Property is presently zoned Agricultural, (A). Mayor Cotant declared the public hearing open and asked for comment from public. 35 COUNCIL MEETING MINUTES - (cont.) March 14th, 2000 PUBLIC HEARING - CITY OF CHUBBUCK PROPOSAL - (cont.) Marty Nolte, 415 Idealya expressed concern that if the Council rezones the area north of the Interstate, his property values will drop. Mr. Nolte presented a petition stating the undersigned residents of Chubbuck ask the Council to not rezone the land between Misti Manor Subdivision and Interstate 86, east of Hawthorne Road. The residents believe that re-zoning this piece of land would impact the value of their home and the quality of their neighborhood. There are 46 signatures on the petition. Beverly Hewett, 4501 Hawthorne Road expressed concern about irrigation water serving her property. Mrs. Hewett also expressed concern about her property values. Mayor Cotant stated the City of Chubbuck will be aware of the development that goes in, City Code states, between residential and commercial there is required to be a buffer zone. Mayor Cotant declared the public hearing closed. Councilman Kearns moved to amend the Comprehensive Plan for the property south of the Redman Canal on the east side of Hawthorne Road, to the Pine Ridge Mall Entrance, to show future land use as Commercial (C-2), Councilman Gunter seconded. All council members voted in favor of motion. PUBLIC HEARING - PROPOSAL BY JOHN MERZLOCK - An application by John Merzlock, 13748 Manning Lane, Pocatello, Idaho for a preliminary plat for P & B Subdivision. Property is zoned General Commercial, (C-2) for the first 300' west of yellowstone Ave, Limited Residential, (R-2) for the remaining lots. Mayor Cotant declared the public hearing open asking for comment from the public. Tim Shurtliff, 426 W. Lewis gave a report on the proposed preliminary plat. PWD Smart recommended the preliminary plat be approved as presented. Mayor Cotant declared the public hearing closed. 37 COUNCIL MEETING MINUTES - (cont.) March 14th, 2000 PUBLIC HEARING - P & B SUBDIVISION PRELIMINARY PLAT - (cont.) Councilman England moved to accept the Land Use & Development Commission's recommendations to approve the P & B Subdivision Preliminary Plat on property located at the 5400 block of Yellowstone Ave. Belva's Lane subject to 1) Turn around lane such as hammer head, (will need to be modified to fit the area). 2) Fire hydrant required at the end of the lane, Councilman Quick seconded. All council members voted in favor of motion. MASSAGE THERAPY BUSINESS LICENSE APPLICATION - Gwen Jones, 421 E. Dunn #1 has applied for a massage therapy business license to operate at 4922 Yellowstone Ave. Councilman Gunter moved to grant a massage therapy business license to Gwen Jones, 421 E. Dunn, #1, Pocatello, Idaho to operate at 4922 Yellowstone Ave, Suite F, Councilman Kearns seconded. All council members voted in favor of motion. RES OLUTION #3-2000 - Agreement for Federal Aid Highway Project STP-7041 ( 101 ) presented to Mayor Cotant and Council. Attorney Holmes read Resolution #3-2000 in full. Councilman Quick moved to adopt Resolution #3-2000 as read, Councilman Gunter seconded. All council members voted in favor of motion. RATIFYING AGREEMENT - STUART LATERAL ACROSS WEST CHUBBUCK ROAD - PWD Smart explained Mayor Cotant signed the contract to replace the culvert crossing of Stuart Lateral across W. Chubbuck Road in order to expedite the project. Councilman England moved to ratify the agreement Mayor Cotant signed to replace the culvert crossing of Stuart Lateral across W. Chubbuck Road, Councilman Gunter seconded. All council members voted in favor of motion. PROPOSED SITE PLAN FOR CAPELL PARK - Mayor Cotant presented a proposed site plan for Capell Park. Mayor Cotant asked Council to review the site plan, if any comments let him know. 39 ~ COUNCIL MEETING MINUTES - (cont.) March 14th, 2000 1998-99 FISCAL YEAR AUDIT - City Auditor Scott Jones presented the 1998-99 Fiscal Year Audit to Mayor Cotant and Council. Council accepted the 1998-99 Fiscal Year Audit as presented. PROPOSED INCREASE IN PARK DEDICATION FEES - PWD Smart presented two proposals for the land and development costs for one square acre of park. Council directed Staff to invite Developers to discuss the proposed increase in park dedication fees. CLAIMS - Computer print-out claims presented to Mayor Cotant and Council. Councilman Quick moved to approve computer print-out claims as presented. Councilman Kearns seconded. All council members voted in favor of motion. At 9:20 p.m., Councilman Gunter moved, Councilman Kearns seconded, with full council approval to adjourn meeting. Ron C. Conlin, City Clerk /John O. Cotant, Mayor !c6'htractors Association OF ~;OUTH EAST IDAHO Mo, ooo 2043 E" L;erx~: P.O. Box 6163 Pocatello, Idaho 83205 235-4;_51 bcasei@ida.net City of:hubbuck Hopes to Increase ark Fees Area contractors and developers were recently invited to attend a discussion with Mayor Cotant and Chubbuck City Council relating to proposed park fee changes in the City of Chubbuck. Park fees are presently calculated at $400 per residential unit. City officials are contemplating increasing the fee to $1,052. Syd Wood, Chairman of the Legislative Committee and several builders attended the meeting this week to express concern over this proposal. The preliminary discussion of the fee increase was met with concern. BCASEI has already been in contact with IBCA to gather the necessary information to oppose the increase. The City of Chubbuck has expresssed wiling- ness to involve the BCASEI in the process of determining the best route to take to proceed in this matter, working together rathan than in opposition. Should the city choose to move forward with the fee increase they will be required to adhere to the accountability process required by Idaho's Impact Fee Legisltion. In a case partially funded by the NAHB Legal Action Fund, the Iowa District Court has recently ruled that a mandatory park impact fee charged by the City of Des Moines to new residential develOpment was in fact an illegal tax. The fees, which were assessed on new single family dwellings and residential apartments were found to violate recent US Supreme Court decisions. Contractor Licensing's Unexpected Death Dissapoints Builders Accross the State, Future of Licensing Suspended SB 1343 died in fourteenth order of amendment in the Senate on March 15, 2000. On March 8th an e-mail was sent out with some ammendments and changes to the bill. Apparently those changes were not acceptable and the bill was returned to the committee. This is sure to be a hot topic at the next IBCA Board Meeting which will be held in Pocatello on April 26th-29th. Everyone is invited to participate in these meetings. If you would like more information, please contact Susan at the BCASEI office. contractors Association ~ OF SOUTH EAST IDAHO March 22,2000 Jim Sempek, Building Official City of Chubbuck 5160 Yellowstone Ave Chubbuck,-ID 83202 Dear Mr. Sempek: The Building Contractors Association o'~' ?:~uth East Idaho is deeply concerned with the prosp~.-'.::'r of increasing the park fees within the City of Chubbuck. Such an increase would be extremely detrimental to the building industry in Chubbuck. The following are some questions and concerns which we feel must be addressed before action is taken. What basis in fact was used to implement the existing fee? Does the City of Chubbuck have a facility study, including a plan for future needs and the related costs on which to base the fee? How many acres of park does the City of Chubbuck have today compared to the number of acres three years ago? What kind of parks does the City of Chubbuck have and how many acres of each type? For example, undeveloped (no grass or trees), grass and trees only, picnic facilities, playground equipment, exercise equipment, soccer and baseball fields. Benefit and assessment - how is the existing park fee used? Are the fees collected into a general fund or are they kept separate for use in parks directly affected by the fees. (Are fees from one area supporting a park in another area of the city?) The city cannot make newcomers alone pay for city parks. The city must first bring everyone up to the existing level through bonds and then charge newcomers to participate. How was this achieved? Please provide in writing the answers to these concerns so that we may better evaluate this issue. If you have any questions, please do not hesitate to contact me or Susan Dewey at the BCASEI office. Sincerely, SYD WOOD Legislative Chair P.O. Box 6163 · Pocatello, ID 83205 · Phone/Fax (208) 235-4251 · bcasei@ida.net Land and Development Costs for One square Acre ef Park 02-28-2000 Title 17, Land Development Section 17.16.110 requires 5 acres of park land for every 1000 people. 1000 people divided by 5 acres -- 1 acre for every 200 people. 200 people divided by 3.47 people per residence (1990 Census) -- 57.6 residences. Iterr.{ I Unit I Quantit)~ Unit Price I Extended Price I City Portion 6" c-909 Pvc Waterline (including Exc. and Bkfl.) UF. 447 $20.00 $8,940.00 $4,470.00 6" Mainline Valves EA. 3 ._ $500.00 $1,500.00 $750.00 Fire H~/drants EA. 1 $2,000.00 $2,000.00 $1,000.00 8" Sanitar~ Sewer Line (Including Exc. and Bkfl.) L.F. 487 $16.00 $7,792.00 $3,696.00 SanitarTSewer Manhole EA. 1 ._ $1,500.00 $1,500~00 $750.00 Stand~r,~:i Curb & Gutter L.F. ~,17_~ ~ $8.00 $3,336.00 $3,336.00 4' Sidewalk S.F. 1,66~ i $3.25 $5,421.00 $5,421.00 Road,:,,?_~ Section (Incl. Pavement, Base, Geotextile) S.Y. 91~.:_ i $15.00 $13,740.00 $13,740.00 Excav,!!i?. C.Y. 180 _. $10.00 $1,800.00 $1,800.00 Post & L;nain Fencing L.F. 409 $4.26 $1,742.34 $1,742.34 6' Chainlink Fencing UF. 417 $5.89 $2,456.13 $2,456.13 Seeding AC. 1 $2,500.00 $2,500.00 $2,500.00 Irrigation AC. 1 $3,750.00 $3,750.00 $3,750.00 II $45,611.47 Based on 40' back of curb to back of curb roadway section with standard curb & gutter and 4' wide sidewalk Park Irrigation - Based on Bicentennial Park costs in fall of 1999 (6.71 Ac.) Park deVelopment cost of $45,61'1.47 divided by 57.6 residences = $791.87 park development fees per residence. Raw Land Item Unit I Quantity I Unit Price I Extended Price $15,ooo.oo Raw land cost of $15,000 divided by 57.6 residences = $260.42 raw park land fees per residence.