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Home My WebLink About08 08 2006 CM I I I 177 COUNCIL MEETING MINUTES August 8th, 2006 Minutes ofa regular meeting held at the Chubbuck City Council Chambers, August 8th, 2006. Present: Mayor StevenM. :e1'lg1an~ Council members Kent Kearns, Dennis Stoddard, Richard Morgan, Attorney Thomas J. Holmes, Public Works Director Steven M. Smart and City Clerk Ron C. Conlin. Councilman Leroy S. Quick was excused. Meeting was called to order at 7:30 p.m. by Mayor England. PLEDGE ALLEGIANCE TO THE FLAG was led by Councilman Dennis Stoddard. APPROVAL OF MINU1'ES- Mayor England asked for corrections and additions to the Special Meeting Minutes of July 25th, 2006, Regular Meeting Minutes of July 25th, 2006 and Special Meeting Minutes of August 2nd, 2006. Councilman K.eamsmoved to approve the Special Meeting Minutes of July 25th, 2006, Regular Meeting~i~utes of July 25th, 2006, subject to Attorney Thomas J. Holmes not being in att~itt<<I'Special Meeting Minutes of August 2nd, 2006 as read, Councilman Morgan seconded. All council members present voted in favor of motion. C' { ,if PUBLIC HEARING - Anapplication~YWest Care Management, Inc, 3625 Vaughen Street, Pocatello, Idaho fora change of Land Use District from Limited Residential, (R-2) to Limited Commercial, (C-I) to allow for office space. Property is located at 4806 Hawthorne Road. Rob Freeman, 123 Rosewood~ Pocatello, Idaho representing West Care Management presented the pt'ot)oSal. Mr. Freeman stated this proposal will be office space only. Mayor England declared the public hearing open, there being no comment Mayor England declared>thepublic hearing closed. Councilman Mor'an moved to accept the Land Use & Development Commission's recommendation tOiapprove a change of Land Use District at 4806 Hawthorne Road from Limited Residential, (R-2) to Limited Commercial, (C-I) to allow for office space, Councilman Stoddard seconded. All council members present voted in favor of motion. RESOLUTION #8-2006..A1nending the rates to be charged by the City for water furnished through the Municipal Water System. Mayor England asked for comment. I I I 179 COUNCIL MEETING MINUTES - (cont.) August 8th, 2006 RESOLUTION #8-2006.. (cont.) Danis Ellis, 922 SaWtooth stated he would like the Council to look at a way to cover the sewer and water connection fees without hurting the builders so much. Mr. Ellis stated there is a drastic slow down in construction in the area. Mr. Ellis is opposed to the water and sewer connection fees .asproposed. The City of Chubbuck received a letter from Kim Weber, Board Member BCASEI with an attached copy of a letter from Victor S. Villegas, an attorney retained by the Builders Contractors Association of South East Idaho to review fee changes as proposed by the City of PocateIlo,(attached letter). PWD Smart explained the phase-in implementation of the water and sewer connection fees. Councilman Kearilssta.tedthe need for connection fees is here, the Council needs to do something. Councilman Kearns suggested the water and sewer rates be watched closely in the future, if we are not meeting the revenue needs the~ should be increased. Councilman Keamsmoved to adopt Resolution #8-2006 as presented, Councilman Stoddar4 seconded. All council members present voted in favor of motion. RESOLUTION #9-2006..A.mending the rates to be charged by the City for wastewater collection and treatment services furnished through the Municipal Wastewater System. Councilman Keamsmoved to adopt Resolution #9-2006 as presented with any additional pass through charges by the City of Pocatello, Councilman Morgan seconded. All council members present voted in favor of motion. ACCEPTANCE OF OFFER OF DEDICATION - HARTLAND ESTATES PHASE 1 AND WYNDHA VEN SUBDMSIONS - Councilman Keat$moved to approve the Acceptance of Offer of Dedications from Hartland Estates Phase 1 and Wyndhaven Subdivisions as presented, Councilman Morgan seconded. All council members present voted in favor of motion. I I I 181 COUNCIL MEETING MINUTES - (cont.) August 8th, 2006 BUSINESS LlCENSEAPPtrcATlON - Mendee Henkey, 2717 Castlepeak Way, Pocatello, Idaho has applied fOt'.a.bnsines~license to operate Jumpin' Java at 401012 Yellowstone Ave. New owner. All Departments have approved the business license application as presented. Councilman Morgan moved to grant Mendee Henkey, Jumpin' Java a business license to operate Jumpin'Java at 40 1 OY2 Yellowstone Ave, (Green Triangle Parking Lot), Councilman Stoddard seconded. All council members present voted in favor of motion. MYSTIQUE THEATER-REQUESTFOR WAIVER OF REQUIREMENT OF CITY SEWER CONNECTION - PWD Smart presented a report stating Terry Commons, 680 Bedford took out a building permit in March of this year to construct a storage and rehearsal building to the east and rear of the existing Mystique Theater. Very early on in the construction of the building, Mr. Commons began raising the issue that the sewer in Chubbuck Road was too shallow to connect his building into City sewer with a gravity only line. The City's response was, and continued to be, that there were two lines in Chubbuck Road, one being deep enough to access this building, or he could use a small residentiallitl pump, which is commonly available. In late April or, early May, Mr. Commons made a request to the city to install a septic system, the request was denied and the same alternatives presented to him. Mr. Commons is basing his entire request on the fact that Section 13.16.040 appears to require connection to the city sewer, only if a property is within 200 feet of the sewer. The intent of that section of the code is to require connection to the sewer system when a sewer line is extended past, or to an existing property. PWD Smart stated Mr. Commons primary motivatianto avoid the requirement to connect to the sewer is based on cost. Staff recommendS the building be connected to the public sewer. Councilman Stoddard moved to deny Terry Common's, Mystique Theater request for Waiver of Requirement of City Sewer Connection, Councilman Kearns seconded. All council members voted in favor of motion. SIX MONTH REVIEW - WILLIAM SLAVEN'S APPROVAL OF A CONDITIONAL USE PERMIT FOR TRANSITIONAL ALCOHOL/DRUG LIVING AND OUTPATIENT ALCOHOL.DRUG COUNSELING AT 147 W. LINDEN A VB. - Mr. Slaven was not present at the meeting. The residents in opposition to the counseling center at 147 W. Linden was not present. Police and Fire Department's have received no complains about the counseling center. I I I 183 COUNCIL MEETING MINUTES - (cont.) August 8th, 2006 SIX MONTH REVIEW.. WILLIAM SLAVEN COUNSELING CENTER _ After discussion, Counci1manMorgan moved to allow William Slaven, 147 W. Linden Ave to continue bis conditional use permit for a transitional alcohol/drug living and outpatient alcohol/drug counseling at 147 W. Linden subject to; 1) All Fire Code requirements are complied with, 2) Mr. Slaven is required to maintain his Case Management Licensing and Health & Welfare Licensing for transitional housing, 3) This conditional usepennit sballbereviewed in six months, Councilman Kearns seconded. All council members present voted in favor of motion. POSSIBLE SELL OF CHUBBUCK. FIRE DEPARTMENT PROPERTY - Mayor England stated there are possible purchasers of the Guardian Auto, 4759 Yellowstone property. This potential purchase will not work because they will not be allowed a Yellowstone Ave access and the ChubbUCk Road access will be required to be moved as far to the west as possible. The diSCUSSion moved to their possible purchase of the fire station property. This would allowthe pOssibility of a larger development which would help with the access to and froM Yellowstone Ave. Mayor England asked the Council if they would consider selling the Fire Station property. Fire Chief Eric King stated because of the growth of the City we are getting more traffic which causes a problem with access to and from Yellowstone Ave. FC King said the Fire Department will need to stay fairly close to this location, Burley Ave or Burnside might be an option. Attorney Holmespve a report on the procedure to sell City property, with the first step being an appraisal. Councilman KearnS moved to proceed with getting an appraisal on the Fire Department property, Councilman Stoddard. All council members present voted in favor of motion. 2006-2007 TENTATIVE FY BUDGET - CC Conlin presented the following 2006-2007 Fiscal Year Tentative Budget. General Fwd and HS&R $ 4,875,629. ChubbuckDe:velopment Authority $ 1,164,000. Sanitation Fund $ 1,143,704. Waterworks Fund $ 1,800,945. Sewer~\~\\< $ 1,730,767. Special ReventJeF'1l11dS $ 846.900. '<JVii, ...... .... $11,561,945. CC Conlin stated tlte pUblic hearing for the 2006-2007 FY Tentative Budget is August 22nd, 2006 at 7:30p~m. I I I 185 COUNCIL MEETING MINUTES - (cont.) August 8th, 2006 2006-2007 FY TENTA1'IVEBI.JDQET .; (cont.) Councilman Stoddard moved to adopt the 2006-2007 FY Tentative Budget as presented, Councilman Morgan seconded. All council members present voted in favor of motion. CLAIMS - Computer print-out claims presented to Mayor England and Council. Councilman Kearns moved to approve computer print-out claims as presented, Councilman Morgan seconded. All council members present voted in favor of motion. ANNOUNCEMENT.. Chubbuck Days Celebration, August 12th, 2006. At 8:30 p.m, Councihna.n:Morgan moved, Councilman Stoddard seconded, with full council approval to adjoum meeting. a-f!~ Ron C. Conlin, City Clerk ~ . August 7, 2006 Steven M. Sm.art, P.!. Public Works Director City of Chubbuck Public Works DireGtor P.O. Box 5604 Chubbuck, ID 83202-0006 Via Fax to 237-2409 Dear Mr. Smart, I received your letter~August 3 with. enclosures. Thank you for a thorough and courteous response. Attached is a copy ofa~erfromVictor S. Villegas, an attorney wi.th Evans Keane LLP taw office in Boise. . tdt Villegas was retain.ed by the Building Contractors Association of South East Idaho ~E.l) to review fee changes as proposed by the City of Pocatello. . The changes pro,poscdlWythe City of Chubbuck appear to be siml.lar to tb.ose proposed by the City of Pocatello. Could you please have your City attorney review this letter? If at all possible, we would lice some feaiback from th.e City, prior to the Council meeting scheduled for AugustS.. As I mentioned at the 1. city council meeting, I ama member of the Board of Directors of BCASElI tan beteatb.ecl by phone atmy office phone, 234-0993 (Fax 234-0997). You can also reacb the Ex~utive ])irector of SCASEI, Susan Dewey, at 235.4251 (Fax 233..o33S). Thank you very much" your helpiD this process. Sincerely, ~~ Kim Weber .BolId Member BCASEI cc: Susan Dewey via Fax233-o33S " ~. r' {~ UOf uOJn:UUG 10: ZO fAX %08~'U$U i I ! EVANS. BEANE UP ItJ 092/003 . Ill. .b...~ S...........'. l<EANB J4.P. ~ at Law "'0"- 140! W.Main Slnlet P.O. __. --i ,. 8a701-oes, ""one;20&.3a4-18QO I=ax: 2D"311-3514 ilrmO~'I18kMne.ooll'l WoWI.evansltelna.ccm ~ MtllltlGr, Merl\lU ! II ")) Wilh IDdcpndlnr WlntIS io .' Prindp.r r.:~:ec Wurldwldo , Vietor S. vincg.. V'l'iuoa........tc.:ane.com Augu.t 3, 2006 Pocate11o City Council PocatcIlo City Hall 911 N 7th,Ave. PocateUo, Idaho. 83201 Ro:~1Id Ca.pacity lees OUt itlle No. 21't~2 Dear CoUt1ciJ Members: This faw.&m h.betr1 ret&Uled by the Building Contractors Association of SOllm East Idaho (hSCASEf') to tffle'N the City ofPo"tello's equity buy-in feature of the City's "reposed Capacity ree. Basedon<,tft~clrafta_di.llcussion$ with the City, itappears the money collected under the pte>posed C..,~t)'F"sWilt be\tSM to fUnd fUture water and sewer in'lpt"ovements. The purp~e of this l_~isto $t8.teourpositionthat the method of collecting money through these Capacity F.oes is l1C)t~thori2ec:lundtr Idaho law. The equity buy-in structure, as proposed, is all "impact fee," and . $\Jell, tbestattt.toty requirements for imposl.ag an impact fee nmst be met. The City oiPocate11o maintaiJ1atlu.t the equity buy-in stTUctu.re of the proposed Capacity Fees are .within the guide1ites ofthe.cu1.ina of the; Idaho Supreme Coun ease of Loomis v. City of Hai1ey,1t9 Jd.aho 434, J0'1.P.1cl1272(1991).WhiJethe City's equity buy-hi proposal has some similarities, the factso~pttwease. are.d.issimilAr. In LoornfS, city residents filed an action challenSing the reasonabl.... ofHaiWs.qLrity t-uy..in method of adennining sewer and water service c:.otltnections. n.....Jdaho.Supx;cme Court l.lpbeld the City's cormection fees findiTlg that the fees W~e not a --.dthattheCity's actions were a valid exercise of the City's police po""era. It is important to :D.o., that the Loomis eolat upheld Hailey's equity buy-in me1.hod because the mnd.8 coUec* ~ belAgftarep:ed and used to Tl'pair or renlace. water systexn components. .This ia not t11C C&Se in the City ofPocatello's proposal. Poeatel1oscw to use tIle money coUected from~'CapacitYfees to 1i.m4 future improvem~. Thus, the Loomis decision would not, ,.""...wd not~usod as a basis for $U.Pportin8 the City's proposed Capacity Fee. . . It is BCASEl'. ~tior1that tho City'scoJlection and use of sewer connection fees to fUnd fu~ exp8DSjonof~or water facilities amounts to a disguised. tax and that sllch tax must confqrm to statu~ ~es .. fortb by the Idaho Legislature. The Idaho Supreme Court has Held that where... and fees_ UnpOled. primarily for revenue raising pwposes. they are in css~ee dlsguisect>tax_ wbiehrequire legi.s1ative authorization. Potts Ccn.muction OflctlltSOise and T(cUon. Idabo .. "" } 08/0312006 18;%7 FAX 2083453514 '. I EVANS. KEANE LLP IaJOU/003 _ I I Pocatello!City Coua.cil August 3} 2006 Paae 2 ofr2 Compan>i '\t. North /(o,.,.fli Wal" DiltrtCl. 141 Idaho 678, 116 P.3d 8 (2005). Tn the words of our Sl.lpreme Coutt, uta fee is .' cb8rge fat a direct public service rendered to the particular consu.mei. while a taxis forcedcOtl1n'bution by t11e public at large to meet public needs. II! 1d. citing Brewster 11. en, ofPtJcalello.l1S Idaho 502, 768 P.2d 765 (1988). Simply put, the fees collected IUllder tbe ptof()$tSd Ca,pacity Fee amount to a tax because the funds are being used to finance future ex'Oanslontotbe City.. water and sCWC\' fac.ilities. Ml.I.t1iQpalitiea are aiv~ a valiel vehicle to fund capital improvements and have growth pay for itself. That vehicle is the ldaho Development Impact Fee Act, Title 67. ChaptCl' 82. Under this Act, the City may impoaeiJ1 impact ft:e on a new development that ;s proportional to the impact that the ~opm.CDt wiflplate 0.0 an existing public facility. Under this Act, sewer and water facilities. faU.utnier the definition of a .'t2ublic:; facility." That Act permits the City to enact an impaet fee Old_ce, but requires: 1. . The crcatioDofa developmental impact fee advisory board; 2. . DeveJopm. of a capital improvements ptan; 3. I A proces$~Y a developer may request a written individ1.l81 assessment of the proportiOlW..lhare of development impact fees; 4. A provision lOt eredS.tsj 5. . A provision pl'OVidina that development impact fees. shall only be spent for the cateaorr of ~$ nnprovemeTlts tOt which the fees were: colJected and; 6. Provide a pMc:essfor adm.imstrative appeals for the developer or fee payer. The items above, ate just a few exa.tIij31cs of the requirements set forth in the Act. None of these steps have been. followed ulaCier the City., equity buy-in proposal. If the stated goal of the proposed Capacity'eu i. tObave "growth pay for growth,"' then adhering to the requirements of the rdahoD~lOpment 11UpaetFee Act wiJll11eet that Boal In ~losing. the BCASiI does 31Qt'Oppose growth paying for itselfwhcm the fees assessed agaitlst development. ate fair anddirect1y relate to the ca.pacity demand!! new development causes. In order to ac:;hievc tbaffaimesa, it is essemial that the City follow the process contained withit1 the Idaho Development Impact Fee Act. The BCASEI strongly. encourBges the City COuncil to reconsider thelC!u1tybuy.1n teatUre of the City's proposed Capacity Pee in light if this discussicm.. I would be pleascidtocti~l&Ssthis matter with you further and work toward a con.strUCtive solutioll that makes serlsCfo1'tl1t: CityofPocateUo. . Very tJ:uly yours, I I VSVlbdp I , EVANS KEANE LLP ~r~~ Victor S. Villegas ,,~ , ,