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HomeMy WebLinkAbout01 08 2002 CMCOUNCIL MEETING MINUTES January 8th, 2002 Minutes of a regular meeting held at the Chubbuck City Council Chambers, January 8th, 2002. 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 was called to order 7:30 p.m. by Mayor Cotant. PLEDGE ALLEGIANCE TO THE FLAG INVOCATION was given by Pastor Holder, Pioneer Baptist Church. APPROVAL OF MINUTES - Mayor Cotant asked for corrections and additions to the regular meeting minutes of December 11th, 2001. Councilman Kearns moved to approve the Regular Meeting Minutes of December I lm, 2001 as read, with correction of typo, Councilman Gunter seconded. All council members voted in favor of motion. APPROVAL OF DECEMBER, 2001 computer print -out claims presented to Mayor Cotant and Council. Councilman England moved to approve computer print -out claims as presented, Councilman Kearns seconded. All council members voted in favor of motion. ADMINISTRATION OF OATHS OF OFFICE - City Clerk Ron C. Conlin administered the oath of office to newly elected officials of the City of Chubbuck, Mayor John O. Cotant, Council members Leroy S. Quick and Marvin C. Gunter. Councilman England moved to close the meeting, Councilman Quick seconded, all council members voted in favor of motion. Mayor Cotant then re- called the meeting to order with newly elected officials present. PUBLIC HEARING - An application by Sharon Knudsen/David Carlsen Development, 2595 Hwy. 39, American Falls, Idaho 83211 for a change of Land Use District to General Commercial, (C -2), contingent upon a change in the Comprehensive Plan for property north of the Redman Canal, south of Misti Manor Subdivision, east of Hawthorne Road. Property is presently zoned, Agricultural, (A). The Land Use Development Commission recommended approval of the application. 3 COUNCIL MEETING MINUTES - (cont.) January 8', 2002 PUBLIC HEARING - ZONING CHANGE - SHARON KNUDSEN/DAVID CARLSEN DEVELOPMENT - (cont.) Staff report stated there have been no Comprehensive Plan Changes in the last six months. Staff report also stated it is difficult to remember this proposal is for the Comprehensive Plan change and subsequent zone change. We are not considering development plans and standards at this point. The development plans and standards will be considered at the Preliminary Platting and Design Review stages of development. The City Council received a letter in opposition to the proposal from Mervin and Leahmae Erickson, 4631 Hawthorne Road. The City received a letter concerning the re- zoning of land north of the Redman Canal and adjacent to Misti Manor Subdivision from Victor Baron, 409 Idealya, with 40 signatures: 1. Traffic will increase along the routes of travel for children attending area schools. 2. Property values of the surrounding neighborhoods would decrease. 3. There is vacant commercial property that needs to be used before creating more. Mayor Cotant declared the public hearing open. Guy Anderst, 812 E. Center spoke in the absence of developer David Carlsen. Mr. Anderst said there has been discussion about 150' buffer zone being required if proposal is approved. Mr. Anderst stated he knows Mr. Carlsen wants to work with the residents, but is not sure if he would be willing to go with a 150' buffer zone requirements. Marty Nolte, 413 Idealya suggested the following impact on residents in area be taken into consideration before the proposal is approved: 1. 150' buffer zone requirement. 2. Traffic congestion. 3. Noise 4. Lights 5. Impact on property values. 5 COUNCIL MEETING MINUTES - (cont.) January 8h, 2002 PUBLIC HEARING - ZONING CHANGE - SHARON KNUDSEN/DAVID CARLSEN DEVELOPMENT - (cont.) Mr. Nolte suggested there be a written commitment protecting the residents with 150' barrier or berm north of the proposal. Mr. Nolte asked if there is a way the City can own and maintain the buffer zone requirement. Marvin McBride, 4798 Misti asked why not leave the property residential. Mr. McBride expressed concern about increased traffic and concern of property taxes being increased. Mr. McBride said he does not feel the City should change the Comprehensive Plan. Leon Hemenway, 4661 Hawthorne expressed concern about truck traffic, Mr. Hemenway stated there are a lot of trucks now, most of them are speeding. Mayor Cotant said the City would like to see a through street to Yellowstone Ave, at Burnside Ave or Evans Lane. Leonard Kovacheff, 404 Idealya presented a letter against the proposal because of concern about his; 1. Increase in traffic. 2 Less desirable view. 3. Property values. Chad Winward, 4729 Kimmi Court stated the residents are willing to work with the developer but has not heard any comments from the developer saying he will work with residents. Residents would like a token of good faith. Wes Morris, 4704 Heidi Street asked if the buffer zone will be maintained by developer. David Robinson, 4654 Teton said the traffic on Hawthorne Road is double. Mr. Robinson suggested Hawthorne Road should be re- striped, the pedestrians on the west side of Hawthorne Road are too close to the traffic. Concern about his property taxes increasing. Lydia Noble, 456 Juliette Way asked what the procedure is. Attorney Holmes explained the procedure stating after zoning change the developer will be required to present a preliminary plat, final plat and site plan. The City will do its best to invite the residents to all the meetings. Myron Arcand, 421 Idealya expressed concern about the developer being able to make all the decisions, is opposed to the proposed C -2 zoning. 7 COUNCIL MEETING MINUTES - (cont.) January 8`", 2002 PUBLIC HEARING - ZONING CHANGE - SHARON KNUDSEN/DAVID CARLSEN DEVELOPMENT - (cont.) Ron Johnson, Realtor for Sharon Knudsen stated he does not have any idea of what is going to be located on the property. Mr. Johnson said the developer is in favor of a buffer zone, but thinks 150' is excessive. Mr. Johnson said the developer is in favor of working with the neighbors. Rob Adams, 4237 Misti expressed concern about being sold out if the zoning is changed at this time. Mr. Adams said he has heard of no promises from the developer. Mayor Cotant declared the public hearing closed. Councilman Quick stated the canal is a natural buffer. Councilman Quick stated the buffer zone should be between. ...� City received a letter from JP Realty, Inc., Price Development Company stating they do not oppose the re -zone, however, they are concerned about future traffic issues as the property develops. Councilman Quick moved to approve a change of in the Comprehensive Plan from General Residential, (R -3) to General Commercial, (C -2) and a change in the Land Use District from Agriculture, (A) to General Commercial (C -2) for the Knudsen property north of the Redman Canal, south of Misti Manor Subdivision and east of Hawthorne Road; provided however any development of said property shall require a 125' landscaped buffer between the development and immediately south of Misti Manor Subdivision. Councilman Kearns seconded. All council members voted in favor of motion. PUBLIC HEARING - PARK MEADOWS SUBDIVISION PUD - MARGARET MCNABB, DAVID GRAHAM AND PRELIMINARY PLAT ON FIRST PHASE - An application by Margaret McNabb, David Graham and Dams Ellis Enterprises, 13560 N. Hawthorne Road, Pocatello, Idaho for a Planned Unit Development, PUD for residential use with subordinante commercial uses together with its Preliminary Development Plan. The Council will also consider the preliminary plat for the first development phase of approximately 11 acres, together with its requested annexation. Property is located west of Ponderosa, east of Philbin, south of West Chubbuck Road. The Land Use and Development Commission recommends approval. Mayor Cotant declared the public hearing open. 9 COUNCIL MEETING MINUTES - (cont.) January 81h, 2002 PUBLIC HEARING - PARK MEADOWS SUBDIVISION PUD- MARGARET MCNABB, DAVID GRAHAM AND DARRIS ELLIS ENTERPRISES - (cont.) Mitch Greer, Rocky Mountain Engineering presented the Park Meadows Development Preliminary P.U.D. Master Plan along with a preliminary plat for Park Meadows Subdivision PUD. Council reviewed the Park Meadows Development Preliminary P.U.D. Master Plan and a preliminary plat for Park Meadow P.U.D. Subdivision First Phase of approx. 11 acres. Mitch Greer stated the plan allows them to deal with mixed uses, and allows some design flexibility. The Comprehensive Plan shows Chubbuck Road being designated as a major arterial, which requires 40' of right -of -way to be dedicated. The developer is requesting dedication of 33' of right -of -way on Chubbuck Road, Staff recommends Council requires a 40' dedication. Discussion about park system in the P.U.D. Master Plan. Mayor Cotant declared the public hearing closed. Councilman Kearns moved to approve the application by Margaret McNabb, David Graham and Darns Ellis Enterprises for a Planned Unit Development (PUD) Master Plan for residential development with subordinate commercial uses together with the Preliminary Development Plan for Park Meadows Development, Councilman Quick seconded. All council members voted in favor of motion. Councilman Kearns moved to approve the preliminary plat submitted by Margaret McNabb, David Graham and Darns Ellis Enterprises for the First Phase of the Park Meadows Development PUD of approximately 11 acres together with its requested annexation as a PUD for residential development with subordinate commercial uses, subject to the revision of said preliminary plat to provide for a Forty Foot (40') right of way along West Chubbuck Road, Councilman England seconded. All council members voted in favor of motion. 11 COUNCIL MEETING MINUTES - (cont.) January 8`'', 2002 COMPREHENSIVE PLAN UPDATE - An application by the City of Chubbuck to update the Comprehensive Plan. The Land Use and Development Commission recommended approval of the Plan. Asst. Planning Director Larry Kohntopp presented the proposed 2001 Comprehensive Plan. The proposed 2001 Comprehensive Plan is based on the interests and concerns of our citizens. The Plan builds on the City's 1995 Comprehensive Plan and incorporates concepts and elements of the "Our Valley, Our Vision Project ". In developing the 1995 Plan and the 2001 Plan surveys, open houses and advisory committee meetings have been used to raise interest and gather input. In addition, the Plan has been developed to be consistent with the requirements of the Idaho Local Planning Act of 1975. PWD Smart expressed concern about sewer beyond north of Siphon Road. Melvin Jackson, 5101 Whitaker Road expressed concern about how the Land Use and Development made their recommendations to the City Council. Councilman England moved to adopt the 2001 Comprehensive Plan as presented, subject to extending the Urban Service Boundary, Councilman Kearns seconded. All council members voted in favor of motion. BUSINESS LICENSE APPLICATION - Theresa Keeney, 838 Boyd & Lisa Pierce, 756 Boyd, Step -by -Step Play School have applied for a day care facility application to operate a day care facility at 5565 Yellowstone Ave. All Departments recommended approval of the day care facility application. Councilman England moved to grant Theresa Keeney & Lisa Pierce, Step -by -Step Play School a day care facility license to operate a day care facility at 5565 Yellowstone Ave, Councilman Kearns seconded. All council members voted in favor of motion. RACHAEL'S RAINBOW HOME OWNERS ASSOCIATION REQUEST - M. Dale Kauffinann, Rachel's Rainbow, Phase I and Roxanne Scott -Witt, Rachael's Rainbow, Phase II presented a letter to the City Council stating at the outset of the forming of Rachael's Rainbow, their streets were and are private. Because they are used for the most part, as public streets, they would like to dedicate them to the City in order to have City services, and have street signs erected. 13 COUNCIL MEETING MINUTES - (cont.) January 8 ', 2002 RACHAEL'S RAINBOW HOME OWNERS ASSOCIATION REQUEST - (cont.) PWD Smart stated the original developer wanted the streets to remain private, because he wanted to have narrow streets that would discourage through traffic. Narrower streets would also enable him to have a higher unit density and to have a development with homes much closer together than usual. The City required the waterline to be built to City Standards, because it does interconnect waterlines from Mountain Park Road on the far west to Ramsgate on the far east. Water service connection vaults in the development were done entirely by the developer and were of poor quality. PWD Smart stated he is not sure that all of the water meter vaults have been corrected at this point. Substandard water service connections and meter vaults built and used up to this point have been corrected by the developer. However, there are a number of lots that have not been developed and we have no idea about the condition of those vaults. Council reviewed a copy of the street cross - section. PWD Smart stated from the back of curb to back of curb is 25', with 21 ` of asphalt driving lane. This creates a significant problem in plowing the snow. If the snow is plowed off the entire width of the street, which it needs to be in order to maintain two -way traffic, all the snow will be deposited on the yards. This may create a liability exposure for the City with regard to deposition of sanding and salting materials on the grass. If we try to plow the streets, leaving the snow on the edge of the road, the travel way would be 12 to 13 feet wide and would essentially be a one -way road. PWD Smart stated that on the south end of Ramsgate there is no safe way to turn a snow plow around. The road is too narrow and the driveways too small. The snow plow could only plow into the dead end and must back out of that dead end to turn around. PWD Smart stated parking would need to be prohibited along the roadway, because such parking would also create a one -way road. It would not be wide enough to get two -way traffic past the parked cars. The speed bumps in the development would need to be removed by the City. They are severe bumps and would create a liability exposure for the City. PWD Smart street drainage for storm water runoff is marginal. The streets were designed to slope to the center of the road, where the stormwater would run. However, since the development is on a side -hill the stormwater runs most anywhere it wants. There have been some problems with stormwater runoff eroding landscaped area along the side of the road. 15 ,­ft COUNCIL MEETING MINUTES - (cont.) January 8`h, 2002 RACHEL'S RAINBOW HOMEOWNER'S ASSOCIATION REQUEST - (cont.) PWD Smart stated homes in this development are built very close to the road. For example, one side deck at 4691 Ramsgate is only 3 feet from the edge of the road, the side steps at 4676 Annie's Way are less than 8 feet from the roadway, and the side steps at 4663 Rachael's Run are less than 6' from the road. PWD Smarts stated the street pavement design, as shown on the attached street section, is slightly substandard from the Chubbuck Standard. Since it was a private development, the City performed no inspection of the infrastructure there. We really have no record of the condition of the sewer, the water, nor of the street construction. City Staff recommend that the City not consider accepting dedication of these streets, because of the potential problems we see. Councilman Quick moved to deny accepting dedication of Rachel's Rainbow Subdivision streets, etc, Councilman Kearns seconded. All council members voted in favor of motion. REQUEST FOR APPROVAL OF DESTRUCTION OF SCANNED POLICE DOCUMENTS - Police Department presented a list of scanned police documents to be destroyed, (attached). Councilman Quick moved to approved destruction of scanned police documents as presented, 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. At 10:40 p.m., Councilman England moved, Councilman Quick seconded, with full council approval to adjourn the meeting. IL- Ron C. Conlin, City Clerk 4John Mayor