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HomeMy WebLinkAbout08 16 2017 CMCITY OF CHUBBUCK COUNCIL MEETING MINUTES AUGUST 16TH' 2017 — 6:00PM CALL TO ORDER: Mayor England PLEDGE ALLEGIANCE TO THE FLAG: Councilmember Lewis INVOCATION: Casey Orr COUNCIL MEMBERS PRESENT: Mayor Kevin England, Melanie Evans, Josh Ellis, Annette Baumeister, Ryan Lewis and City Attorney Tom Holmes STAFF MEMBERS PRESENT: Public Works Director Rodney Burch, Devin Hillam, Paul Andrus, Deputy Clerk Joey Bowers, and City Clerk Rich Morgan APPROVAL OF MINUTES: July 261h 2017, August 2nd 2017 Councilmember Baumeister motioned for approval of minutes Councilmember Lewis seconded motion for approval of minutes Roll Call: Evans -yes, Baumeister -yes, Lewis -yes, Ellis -yes, motion passed PUBLIC HEARING: 1. An application by Ellis Construction Lifestyles Homes for a Preliminary Plat for Copperfield Landing Division 5. Located Northeast % of section 4, Township 6 South, Range 34 East, of Boise Meridian, Bannock County Idaho. Location is between Copperfield Landing Division 3 and 4 subdivisions. Councilmember Ellis recused himself from item of business for both the Public Hearing and General business item #1. Brady smith, Rocky Mountain Engineering presented the next section of single family residential houses that would connect phases 3 and 4 together. Mr. Smith said that this phase would finish the connection for the water, sewer, and irrigation for this project. Mayor England opened the public hearing and due to no public comment then closed the hearing An Application by Chris Peterson for a Preliminary Plat for Integrity Estates Division 2. Located Northwest % of Section 4, Township 6 South, Range 34 East of the Boise Meridian, Bannock County, Idaho. Location is south of Sunrise East Estates at the South end of Hunter & Jake Avenues. Chris Petersen, Pocatello presented phase 2 of Integrity Estates which would consist of 28 residential lots. Mr. Peterson stated that he sold these lots to Rockwell homes for development, he also added four more lots than was originally presented as requested by the builder. Mr. Peterson presented information on the park fees and the change in cost from $400-$500 per lot that he was quoted from City Staff on phase 1 to now for phase 2 and 3. He felt like this was a mistake created by City Staff and wanted Council to help come up with a middle ground for his Park fee. Mr. Peterson proposed a fee of $712 per lot plus an additional $15,000 on top of those fees for a total of $34,824 for phase 2 and 3, instead of the quoted amount by City Staff of $3,360.50 per lot or $94,094. Mr. Peterson stated that he understood the purpose of cash in lieu. He also stated that phase 2 did not meet the City's R-1 requirements, but did meet the R-2 zoning for the property. Public Works Director Rodney Burch explained the difference between the park guarantee and the cash in lieu fees. The park guarantee is a $400.00 fee that is added to a developers building permit application for each lot. When the park is completely built the $400.00 per lot is returned to the developer. Cash in lieu is totally different. When a developer chooses not to build a park, City ordinance requires him to contribute to the park fund to be used in another location in the City. Mr. Burch explained the formula used to figure out the amount required for cash in lieu. Mr. Burch felt like the City had already cut fees for the developer by only using $28,000 per lot cost, instead of the $32,450 that the lots are selling for in calculations. Mr. Burch stated that the developer would only be charged a fee of $400 per lot for phase 1. Councilmember Lewis wanted clarification on the sewer connection fees for Integrity Estates. He asked the applicant if he understood the purpose of cash in lieu. Councilmember Lewis stated the City should use the fair market price to calculate the cash in lieu for the park requirement. Councilmember Lewis wanted clarification if phase 2 meet the City's R-1 requirements, because that is how the applicant presented the development to the public in the original meeting. Councilmember Lewis stated that the applicant stated that he had made changes to the master plan knowing that it was a concept and not a set in stone document. He felt like if the developer had the right to make changes to the plan then the City had the right to correct errors to follow City Ordinance. Councilmember Ellis explained that in 2008 development had come to a halt in the City. So any land that had already been annexed into the city and was already City property would qualify for the old sewer connection fees, but a new fee was put in place in 2008 that would apply to any land that was annexed into the City going forward. Councilmember Ellis recommended taking the price that the lots are being sold for in computing cash in lieu, or the applicant can choose to build a park instead. Councilmember Ellis felt like if the city realized that they were not following Ordinance that they have the right to make the proper corrections to follow Ordinance between development phases. Councilmember Baumeister wanted clarification that the original preliminary plat was presented as R- 1 even though it was zoned R-2 and that it did not have a park planned in development. Councilmember Baumeister wanted to know why the applicant was making changes and plans on a plat that had not been presented for Councils approval yet. Councilmember Baumeister also wanted to know if the developer was told that he was being charged the park guarantee fee for phase 1 and not the cash in lieu fee. Councilmember Evans felt like the developer had assumed that the fees would be the same a year later and for a different phase, when making contracts with Rockwell. City attorney Tom Holmes felt like that park fees discussion should be moved to a future Council meeting, because it is not listed on the Council's agenda for tonight. Mr. Holmes felt like the City needs to follow the current Ordinance and if Council wants to change policy they need to change the Ordinance. The four Councilmembers felt like City Staff had honored the quoted price of $400 for phase 1. They also felt like the developer had entered into contracts for phase 2 and 3, before doing his due diligence to make sure the quoted price would remain the same, and had final approval by City Council. Mayor England opened the public hearing for public comment. Brady Smith 4550 Hersey Loop, was in favor of the project. He felt like the developer has the right to make a development as dense as possible, but felt like this development made more sense as an R-1 development and not an R-2 development. Darris Ellis 4470 Wasatch Street, felt like if a development was proposed R-1 then it should remain R-1 Nick Jensen 1526 East Point Pocatello, was in favor of the project. Mr. Jensen felt like there was some missed communication on both City Staff and the developer. But he didn't want to see another developer come to the City of Chubbuck and fail. He would like to see Council work with the developer on this situation. Mr. Jensen stated that he does contact City Staff before moving forward with each of his developments to make sure he uses the right calculations for fees. Jason Holm 570 Homestead Pocatello, was in favor of the project. Mr. Holm stated he would work with the developer as his excavator to help determine if it would be better to build a park or pay the cash in lieu fees. Doug Briscoe 5344 Kymball, was in favor of the project. Mr. Briscoe wanted to know if this was the first time that the City had a developer choose the cash in lieu instead of building a park. Mr. Briscoe felt like the developer should consider building a park. But he felt if the City prefers not having a park in this development, then it would be beneficial for Council to work with the developer to make that possible. Greg Hanson 3386 Maple, Rockwell Homes Idaho Falls, was in favor of the project. Mr. Hanson stated that a home in Chubbuck cost $12,000 more than the exact same home in Idaho Falls and Bonneville County. Mr. Hanson thinks that it would be better to work with the developer then to financially force a park to be built. Todd Briscoe 876 Hallmark Pocatello, was in favor of the project. Mr. Briscoe agreed with Mr. Ellis that if the development was proposed R-1 then it should remain R-1. Mayor England closed the public hearing Public Works Director Rodney Burch answered Mr. Doug Briscoe's question about cash in lieu. Mr. Burch stated that Council had approved three other subdivisions in 2017 that have agreed to the cash in lieu instead of building a park. Mr. Burch also stated that the same formula was used for these subdivisions that is being used for the Integrity Estates calculations. GENERAL BUSINESS: 1. Approval of Copperfield Landing Div. 5 Preliminary plat Councilmember Lewis motioned to approve Copperfield Landing Div. 5 preliminary plat. Councilmember Baumeister seconded motion for approval of the plat Roll Call: Lewis -yes, Evans -yes, Baumeister -yes, Ellis -recused, motion passed 2. Approval of Integrity Estates Div. 2 Preliminary plat Councilmember Ellis motioned to move the approval of Integrity Estates Div. 2 preliminary plat to the first Council meeting in September and the first item of business on the study session. Councilmember Lewis based on the applicants approval seconded motion Roll Call: Lewis -yes, Evans -yes, Baumeister -yes, Ellis -yes, motion passed 3. Approval of Northgate I.C. — Construction Cooperative Agreement Planning and Development Director Devin Hillam presented the ITD construction agreement that had been signed by all the other involved entities for the Northgate interchange. Mr. Hillam stated that the City's responsibilities were outlined in section 3.3. He also stated that City Staff was in support of this agreement. Councilmember Ellis wanted to make sure this was a separate agreement and that it would not be committing the City to any sort of sewer agreement. Councilmember Baumeister was concerned about section 1.3.3 about ITD coming and asking for additional funds from the other entities to complete this project. Councilmember Ellis motioned to allow the Mayor to sign and enter into the construction cooperative agreement as presented for the Northgate interchange. Councilmember Evans seconded motion for approval of the agreement Roll Call: Baumeister -yes, Lewis -yes, Ellis -yes, Evans -yes, motion passed 4. Adoption of Ordinance 769 and Resolution 2017-02, Appropriations for FY2018 Council wanted to keep the levy flat so they took the available 3% and $112,000 of foregone. The foregone amount will be used on City streets. Councilmember Ellis motioned to approve Resolution 2017-02 Councilmember Evans seconded motion for approval Roll Call: Evans -yes, Baumeister -yes, Ellis -yes, Lewis -yes, motion passed Councilmember Ellis motioned to approve Ordinance 769 Councilmember Lewis seconded motion for approval Roll Call: Baumeister -yes, Ellis -yes, Lewis -yes, Evans -yes, motion passed CLAIMS: City of Chubbuck claims for August 16th, 2017 as presented to Mayor England and Council. Councilmember Ellis motioned for approval of City of Chubbuck claims Councilmember Evans seconded motion for approval Roll Call: Baumeister -yes, Lewis -yes, Ellis -yes, Evans -yes, motion passed 2. Chubbuck Development Authority claims for August 16th, 2017 as presented to Mayor England and Council Councilmember Ellis just wants to make sure for the future that the City and Chubbuck Development doesn't offer more, than what is going to be received when bringing businesses into the City. Councilmember Ellis motioned for approval of Chubbuck Development Authority claims Councilmember Baumeister seconded motion for approval Roll Call: Lewis -yes, Ellis -yes, Evans -yes, Baumeister -yes, motion passed ADJOURN: MAYOR KEVIN ENGLAND X RA Rich Morqan City Clerk X: Kevin England Mayor