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HomeMy WebLinkAbout10 25 2005 CM215 COUNCIL MEETING MINUTES October 25 "', 2005 Minutes of a regular meeting held at the Chubbuck City Chambers, October 25`x, 2005. Present: Mayor John O. Cotant, Council members Leroy S. Quick, Steven M. England, Marvin C. Gunter, Kent Kearns, Attorney Thomas J. Holmes, Public Works Director Steven M. Smart and City Clerk Ron C. Conlin. Student Council member Josh Madsen was present. Meeting was called to order at 7:30 p.m. by Mayor Cotant. PLEDGE ALLEGIANCE TO THE FLAG was led by Josh Madsen. INVOCATION was given by Council member Marvin C. Gunter. APPROVAL OF MINUTES - Mayor Cotant asked for corrections and additions to the regular meeting minutes of October 11"', 2005. Councilman Kearns moved to approve the regular meeting minutes of October llt", 2005 as read, Councilman Quick seconded. All council members voted in favor of motion. PUBLIC HEARING - An application by Elk Ridge Construction, 451 East Elaine Circle, Inkom, Idaho for a change of Land Use District from, Limited Family Residential, (R -2) to a Planned Unit Development, (PUD). The property is located behind 5401 Whitaker Road. The Land Use and Development Commission recommends denial. Councilman England stated because of conversations regarding this compromise that he had early in the developers decision to reapply for this Planned Unit Development, Councilman England decided to recuse himself from voting on the issue. Mayor Cotant declared the public hearing open. Rob Heuseveldt, Rocky Mountain Engineering presented the application by Elk Ridge Construction. Mr. Heuseveldt stated they have removed two units from the project, changed all the roads to public roads and as City Staff required they are moving the water system between Chesapeake Ave down to Whitaker Road, they are also hooking onto the sewer on Cheaspeake Ave through an existing utility easement. The plan is for 13 twin homes and 28 lots. Discussion about open space. Mr. Heuseveldt explained the 50' public roadway. Mr. Heuseveldt stated there will be a 6' privacy fence placed between, Victorian Village, the southern border and the proposed development. Mr. Heuseveldt �..� stated the developer has done all he can do to give Verlyn Ashton, 5369 Whitaker the most space possible. Discussion about a possible variance request. Mr. Heuseveldt said that if this PUD is denied tonight, there is a possibility Mr. Baird will apply for (R -2) which will be smaller homes. 217 COUNCIL MEETING MINUTES - (cont.) October 25', 2005 PUBLIC HEARING - CHANGE IN LAND USE DISTRICT - CARY BAIRD - PUD - (cont.) Land Use & Development Commission Members present said there is nothing different in this proposal that would make LU &D Commission Members change their mines. Jason Mendenhall, Land Use & Development Commission Member said there will be numerous variances required to be approved if this proposal is approved. Concern about drainage of water from the street. Rae Quinn, 4840 Reed Street presented a demonstration why Elk Ridge Construction should not be permitted to build anything, anywhere, unless and until deficiencies at Kay's Kove are resolved. (Copy attached). Rae Quinn spoke against the project by Cary Baird. Cary Baird, 451 East Elaine Circle, Inkom, Idaho denied most of Rae Quinn's presentation. Mr. Baird responded to Rae Quinn's allegations item by item. Cary Baird stated he builds a good house and this is a good subdivision. Mr. Baird stated this piece of property is zoned (R -2), which means if this proposal is denied Mr. Baird will build single family homes, the single family homes he will build will be extremely small. homes. Mayor Cotant stated the City Building Inspector will meet with the developer to get these concerns corrected. Attorney Holmes stated this area and everything on the west side down to Chubbuck road is (R -2). Verlyn Ashton, 5369 Whitaker Road asked, can the property owners get together and apply for a zoning change in the area to (R -1). Attorney Holmes said if everyone on Whitaker Road wants to get together with a developer and develop a master plan for the area they can. Mr. Ashton has concern about the 50' street going close to his property. Mr. Ashton spoke against the Elk Ridge Construction PUD proposal. Councilman Kearns stated this application does not following the intent of a Planned Unit Development. Councilman Kearns said there should be a recreation area, should create a community. Land Use & Development Commission felt the same way. Josha Ellis, 4434 Deer Street expressed concern the street proposed is not the full 50' as required, therefore this proposal should be a dead issue. Mr. Ellis spoke against the proposal. 219 COUNCIL MEETING MINUTES - (cont.) October 25 "', 2005 PUBLIC HEARING - CHANGE OF LAND USE DISTRICT - CARY BAIRD - PUD - (cont.) Tim Smith, 5401 Whitaker Road expressed concern about the 50' street, and the way the developer is coming up with the 50'. Concerned about increase in traffic. Mr. Smith spoke against the proposal. Sean Kress, 421 Chesapeake expressed concern the residents are being threatened with a PUD or small single family homes. Mr. Kress spoke against the PUD proposal. PWD Smart explained the concept of a Planned Unit Development. Bryan Nield, 435 Hampton asked the Council to deny the PUD application today. Angela Clegg, 433 Roanoke Drive spoke against the PUD application. David Penrod, 428 Pocano stated Cary Baird should not be allowed to build a PUD until he takes care of concerns in Kays Kove Subdivision. Mr. Penrod spoke against the PUD application. Mayor Cotant declared the public hearing closed. Rob Heuseveldt, RME stated that if there is a concern about lack of a recreational area in the proposed PUD, Cary Baird is willing to put a recreation area in the PUD. Councilman Gunter stated he does not think this proposal meets the definition of a Planned Unit Development. Councilman Gunter felt a PUD has walkways, open yards, clubhouse or recreational area, this does not. Councilman Kearns stated as he reads the purposes defined, this does not meet the definition of a Planned Unit Development. Councilman Gunter moved to accept the Land Use & Development Commission's recommendation to deny an application by Elk Ridge Construction for a change of Land Use District from Limited Family Residential, (R -2) to a Planned Unit Development, (PUD), Councilman Kearns seconded. Roll Call Vote: Quick, yes; England, abstained; Gunter, yes; Kearns, yes. Motion passes 3 -0. 221 COUNCIL MEETING MINUTES - (cont.) October 25`h, 2005 PUBLIC HEARING - An application by Elk Ridge Construction, 451 East Elaine Circle, Inkom, Idaho for a preliminary plat for Anna Rose Estates. The Land Use & Development Commission recommended denial. Mayor Cotant declared the public hearing open. Mayor Cotant declared the public hearing closed. Councilman Kearns moved to accept the Land Use & Development Commission's recommendation to deny an application by Elk Ridge Construction for a preliminary plat for Anna Rose Estates, Councilman Gunter seconded. Roll Call Vote: Quick, yes; England, abstained; Gunter, yes; Kearns, yes. Motion passes 3 -0. DAY CARE FACILITY LICENSE APPLICATION - Tonia Armstrong, 681 Matthew has applied for a day care facility license to operate a day care facility at 681 Matthew. Police Department recommended approval of the day care facility license. Councilman England moved to grant a day care facility license to Tonia A. Armstrong, Tonia's Busy Bees to operate a day care facility at her residence at 681 Matthews, Councilman Gunter seconded. All council members voted in favor of motion. FINANCE AGREEMENT - IDAHO CENTRAL CREDIT UNION - Attorney Holmes explained the City is in the process of negotiating this, we do not have an agreement at this time. Idaho Central Credit Union wants to close Burley Drive on the south end, the Council agreed to do that, but not until Evans Lane is extended between Kingsway and Burley Drive. Idaho Central Credit Union has offered to construct the street, The City has to acquire the right -of -way to do it, which the City is in the process of doing. Idaho Central Credit Union will construct the street, then the City will reimburse ICCU the cost of construction in July, 2006 from the tax increment monies collected. Fine points have not be agreed upon as of yet. Between now and the next Council Meeting its likely ICCU will want substantial work being done. Attorney Holmes stated if Council feels it is appropriate, we would need authority for Mayor Cotant to enter into the agreement. Attorney Holmes said the City would borrow the money from ICCU at no interest, there would be no finance charges on the road, City would reimburse ICCU at cost of construction. The street will be built to City Standards. Councilman Kearns stated the City should control the contract. Attorney Holmes stated the City will be the inspectors. 223 COUNCIL MEETING MINUTES - (CONT.) October 25 "', 2005 FINANCE AGREEMENT - IDAHO CENTRAL CREDIT UNION - (cont.) City will use the same contractor that is doing Burley Drive at this time. Rich Marley suggested there be no truck traffic on Burley Drive. Councilman Kearns moved to authorize Mayor Cotant to negociate and enter into a finance agreement with Idaho Central Credit for construction of Evans Lane between Kingsway and Burley Drive, Councilman Quick seconded. All council members voted in favor of motion. CLAIMS - Computer print -out claims presented to Mayor Cotant and Council. Councilman Quick moved to approve computer print -out claims as presented, Councilman England seconded. All council members voted in favor of motion. GENERAL DISCUSSION 1. Rich Marley, 5150 Stuart Ave suggested the City Council look at eliminating the $14.00 base water charge to residents over 60 years old. Mayor Cotant said the City will take the request under advisement. 2. Association of Idaho Cities City Officials Academy and Legislative Luncheon at Pocatello City Hall, November 17` ", 2005, 9:30 a.m. to 3:30 p.m. At 10:20 p.m, Councilman Quick moved to go into executive session meeting as authorized by Idaho Code 67- 2345(b) regarding personnel matters, Councilman Gunter seconded. Roll Call Vote: Quick, yes; England, yes; Gunter, yes; Kearns, yes. 100% of Council voted in favor of motion. Discussion of personnel matters. No final action or decision was made. At 10:35 p.m, Councilman England moved, Councilman Kearns seconded, with full council approval to exit from executive session meeting and to adjou regular meeting. John O. Co ant, Mayor Ron C. Conlin, City Clerk .. , T AMONT JONES ACK H. ROBISON ~HOMAS J. HOLMES Mr. Cary Baird P.O. Box 57 Inkom, ID 83245 LAW OFFICES JONES, CHARTERED 203 SOUTH GARFIELD P.O. BOX 967 POCATELLO, IDAHO 83204 -0967 RE: Anna Rose Estates Subdivision Dear Mr. Baird: TELEPHONE: (208) 232 -5911 FAX: (208) 232 -5962 E -MAIL: tholmesid @aol.com MR. HOLMES' TELEPHONE EXTENSION: 103 October 26, 2005 Enclosed please find two sections of the Chubbuck Municipal Code that I think bear significantly upon the denial of your subdivision on October 25. Section 16.12.020 sets forth the requirements on streets and indicates that the width for a local street is the 50 -foot right -of -way. It then goes on to indicate that it cannot be varied. With the sentiments expressed by the Land Use Commission and the City Council, I don't anticipate any R -2 development is going to be n approved without a 50 -foot right -of -way. Also enclosed is a copy of Section 17.20.090 which discussed this in the context of a planned unit development and a council determining whether a proposed PUD constitutes a bona fide planned unit development. The sentiments expressed by the October 25 City Council vote would indicate that this was not. After you left and we were breaking up, the attorney who spoke, David Penrod, indicated that he was aware of people he thought were willing to purchase your ground, perhaps at some reasonable profit to you and allowing you to recover your engineering costs. I don't know if that is true, but his office phone number is 232 -7800, ext. 7010. He works at the Brent Morgan firm. Additionally, the owner of the property in front of yours, Ken Smith at 5401 Whitaker, indicated that, at some time in the future, he might be willing to sell enough additional ground to allow a 50 -foot right -of -way. I wanted to make you aware of these two comments. Additionally, enclosed is a copy of the document that Mr. Ashton referred to, whereas some of the people along that road indicated that they would be willing to work on a master plan. When Whitaker Place Subdivision came in for approval several years ago, we were concerned that we would be facing these sorts of development issues in the future. That is part of the reason the 50 -foot easement was put on the back of Whitaker Place Subdivision on the final plat approval. It would be a much better approach if there was a cooperative development by the neighbors in the area. You have t Mr. Cary Baird October 26, 2005 Page 2 indicated in the past that you are a small developer with a unique niche; however, it might behoove you to contact these people either directly or through a realtor such as Mr. England to see if there is some common development plan that could be agreed upon. TJH/jo chubbuck I02605.12.wpd Enclosure(s) cc: Mayor Cotant Steve Smart Ron Conlin /-N Sincerely, Th rrias J. Hol