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HomeMy WebLinkAbout04 24 1984 CMCOUNCIL MEETING MINUTES April 24, 1984 47 Minutes of the regular council meeting held in the City municipal building, April 24, 1984. Present: Mayor John 0. Cotant, Jr., Councilmembers Leroy S. Quick, Thomas S. Nield, Steven M. England, Attorney B. Lynn Winmill, Public Works Director Steven M. Smart and City Clerk Ron C. Conlin. Councilwoman Becky A. Hopkins was excused. APPROVAL OF MINUTES - Mayor Cotant asked for correction and additions to the minutes of April 10, 1984. Councilman Quick moved to approve minutes of April 10 as written. Councilman England seconded. All Councilmembers present voted in favor of motion. PUBLIC HEARING - A hearing to review a preliminary plat for Empire Investment Corporation, lying north of Interstate 86 and west of Hawthorne Road, south of Country Acres Subdivision, accessed by Alpine Avenue, proposed to be developed by Wendall Marshall, Box 1210, Pocatello, Idaho. Mr. Wendall Marshall and Scott Rhead was present in favor of the preliminary plat. Mayor Cotant declared the public hearing open. Mayor Cotant asked for comments in favor of the preliminary plat. Mr. Marshall said the name of the subdivision would be Kasiska Addition in honor of the previous owners. Mayor Cotant suggested the City being able to help choose the street names. Mr. Marshall said that would be okay. Public Works Director Steve Smart passed to Nayor Cotant and Council drawings of the Preliminary Plat. Mr. Marshall made comments on the plans. Public Works Director Steve Smart made the following recommendations: 1) The size of the water line along Alpine needs to be 12" instead of the 6" the Comprehensive Plan recommends. 2) The street across Chase Park should be moved a little to the east and used as a buffer between the house and the road on the west side. 3) Development or construction of the street should be the responsibility of the developer. Mayor Cotant stated he would like to see another exit from the subdivision. Discussion on the laying of the 12" water line down Alpine. Steve stated the additional cost of the 12" water pipe instead of the 6" would be $6.12 per lineal foot. Mayor Cotant stated that since the Comprehensive Plan asks for 6" the City should participate in the purchase of the 12" line. The members of the City Council discussed how to establish the amount of a cash contribution to be made in liew of dedicating additional land for new City parks. Attorney Winmill pointed out that the ordinance required that the cash contribution equal the fair market value of the land which the developer would have otherwise been required to dedicate to the City. Attorney Winmill further pointed out that the ordinance required that the developer provide the Council with an appraisal of the land values, so that the City could use such an appraisal for the basis of making its own independent decision as to the fair market value of the land which would otherwise have been dedicated. 49 PUBLIC HEARING - EMPIRE INVESTMENT (cont.) After substantial consideration and discussion, it was the consensus of the Council that the intent of the ordinance was to ensure that the developer, in making a cash contribution, would be in no better or worse financial position than if he had dedicated the required amount of land to the City. Accordingly, the Council determined that the fair market value of the land which would otherwise be dedicated to the City should be established on the basis of it fair market value as raw land plus the cost of developing the street , curb, gutter and sidewalk adjoining the park. Pursuant to this method of deterimining fair market value, the developer should be required to provide the City Council with and appraisal of the development's fair market value as raw land, at which time the Council will make its own determination of the fair market value of the land which would otherwise have been dedicated to the City. The developer should also be required to provide information as to the development cost of the street. The Council recognized that the typical frontage of a park would be approximately one-half of a like area devoted to building lots, since a park would be typically twice as deep as residential lots. On this basis, the Council determined that the cost of development would be determined as being one-half of the frontage of a similar quantity of land devoted to residental lots. It was also determined that the development cost would be calculated on the basis of constructing road, curb.; gutter and sidewalk from the centerline of the adjoining street to the proposed park boundary. Based upon these assumptions, the Council determined that the procedure to follow in this case would be to determine the number of lots which developer would have to have devoted to park ground in order to satisfy the park dedication requirements in the subdivision ordinance. The Council would then determine the fair market value of the raw land included in said lots and add to that fid� ,ire 25Wjoining the cost of developing the roadway, curb, gutter and sidewalk for th;�T�tre said lots. In this regard, the Council determined that in view of the population density created by the subdivision, 2.6 acres of ground would be required to be dedicated as park ground pursuant to the subdivision ordinance. The Council determined that the fair market value of 2.6 acres of raw land is $12,500.00. The Council further determined that in view of the size of the lots in the subdivision, this would have required the developer to forego the development of approximately 10 lots. The Council determined that the construction of a road with adjoining curb, gutter, and sidewalk adjoining said 10 lots would be a -proximately $46,000.00 and that 25% of said amount is $11,500.00. On this basis, the Council determined that the fair market value of the land which would otherwise have been dedicated to the City pursuant to the subdivision ordinance was $24,000.00. It was noted by the Council that, in the future, it would be open for a developer to argue that because of unusal topographical conditions, less frontage would be required for a park than would occur in the typical residential subidvision. However, the developer of the subdivision before the Council did not point to any such special features of the land and, accordingly, the Council determined that the fair market value of the land which would otherwise have been dedicated to the City as park ground is $24,000.00. Councilman Nield made motion to approve preliminary plat submitted by Empire Investment for the Kasiska Addition with the following conditions. 1) Six foot chain link fencing be required for O'Leary Canal. 2) Roadway connection to Tahoe Place constructed at the expense of developer including street, curb, gutter, sidewalk, sewer and water connections and bridge over canal to meet City requirements and standards stipulated by the Land Improvement Standards Ordinance. 3) Permission granted by the City to developer to develop roadway and improvements through land owned by the City know as Chase Park, subject to no restriction on extending document of dedication. The approval of preliminary plat is conditioned upon City Attorney B. Lynn Winmill and Public Works Director Steve Smart satisfying themselves that there are no such restrictions. 4) A 12" waterline 51 PUBLIC HEARING - EMPIRE INVESTMENT (cont..) to be installed the full length of Alpine, with the City paying the expense of the material (pipe) in excess of ordinary cost of a 6" line. 5) Redman Canal to be fenced with 6' chain link fence. 6) Cash contribution in liew of park, is determined to be $24,000.00 as per formula established by the Council. The $24,000.00 will be paid at the time the City executes the final plat. Councilman England seconded. Roll Call Vote: Quick, yes; Nield, yes; England, yes, Hopkins, absent. RESOLUTION #2-84 - A resolution of the City of Chubbuck, Idaho, amending the monthly service charge to be imposed by the City for sewage disposal by non-residential structures through the Municipal Sewer System. Mayor Cotant read the resolution in full and asked for comments. There being none Councilman England moved to adopt Resolution #2-84. Councilman Quick seconded. Roll Call Vote: Quick, yes; Nield, yes; England, yes. COTANT PARK POWER - Steve reported he had an estimated cost to get power to Cotant Park: Single Phase - $5,500.00 3 Phase - $20,000.00. Steve stated he directed Idaho Power to start the single phase in Cotant Park. ORDINANCE - Ordinance of the City of Chubbuck, Idaho, empowering the City to extend the municipal sewage collection and/or water system and allocate the cost of installing and constructing such and extention to the property benifited thereby. Mayor Cotant read the ordinance by title for the first reading. COPIER FOR CITY OFFICE - Discussion on purchase of copier for City Office. City Clerk Ron Conlin presented 3 quotes he had recieved: 1) Minolta - Valley Office - $5,795.00 $655.00 per year service charge. 2) Toshiba - Idaho Business Systems -$5,640.00 $450.00 per year service charge. 3) Cannon - Bangs - $4,900.00 - $500.00 per year service charge. Councilman Quick reported he had checked out the above copiers. After discussion it was decided to purchase the #7812 Toshiba from Idaho Business Systems. Councilman England moved to approve the purchase of the #7812 Toshiba Copier from Idaho Business Systems. Councilman Nield seconded. All Councilmembers present voted in favor of the motion. BUDGET FUND TRANSFERS - City Clerk Ron Conlin requested the Council approve several budget transfers and action was taken as follows: GENERAL FUND BUDGET TRANSFER - Councilman Nield moved to approve the transfer of $13,425.00 from #10-4311-200 Highway, Streets and Roads personnel benifits to the General Fund Revenue Account ._ #10-1111-000. Councilman England seconded. All Councilmembers present voted in favor of motion. WATERWORKS FUND TRANSFER, SANITATION FUND TRANSFER AND SEWAGE FUND TRANSFER - Councilman Nield moved to approve the transfer of $25,619.00 from #30-4337-000 Sanitation Account on personnel benefit: and the transfer of $21,342.00 from 53 WATERWORKS FUND TRANSFER, SANITATION FUND TRANSFER AND SEWAGE FUND TRANSFER -(Cont) #30-4347-000 Waterworks Account on Personnel Benefit transfer; and the transfer of $22,672.00 from #30-4353-000 Sewage Accounts on Personnal Benefit transfer to the General Fund Revenue Account #10-1111-000. Councilman England seconded. All Councilmembers present voted in favor of the motion. CLAIMS - After reviewing hand check claims, Councilman Nield moved to approve the handcheck claims presented. Councilman England seconded. All Councilmembers present voted in favor of motion. GENERAL DISCUSSION - 1) Discussion about adding Justin Lowder to City Sewage System. 2) Fire Department Meeting. 3) Scott Rhead was present and discussed plans of Sterns -Rogers. At 10:59 p.m., Councilman Quick moved, Councilman England seconded, with Council present approval to adjourn meeting. a�, C obo" Ron C. Conlin, City Clerk John 0. Cotant,jr., Mayor