HomeMy WebLinkAbout09 06 2017 CMCITY OF CHUBBUCK
COUNCIL MEETING MINUTES
SEPTEMBER 6TH' 2017 — 6:00PM
CALL TO ORDER: Mayor England
PLEDGE ALLEGIANCE TO THE FLAG: Kaden Bowers
INVOCATION: Dave Hall
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, Paul Andrus, Devin Hillam,
Deputy Clerk Joey Bowers, and City Clerk Rich Morgan
APPROVAL OF MINUTES: August 16th, 2017
Councilmember Lewis motioned for approval of minutes
Councilmember Ellis seconded motion for approval of minutes
Roll Call: Evans -yes, Baumeister -yes, Lewis -yes, Ellis -yes, motion passed
PROCLAMATIONS:
1. National Recovery Month
Mayor England read aloud a proclamation and then presented a copy to the drug court
representative Joan Martinez.
2. Kind Community
Mayor England read aloud a proclamation and then presented a copy to the Kind
Community representatives Rainbow Maldonado and Courtney Fisher.
PUBLIC HEARING:
1. An application by Nick Jensen for a Change in Land Use District on the proposed
Jensen's Cove Subdivision from agricultural (A) to single family residential (R-1).
Located Southwest 1/ Section 2, Township 6 South, Range 34 East of the Boise Meridian
in the County of Bannock. Location is corner of Tree Valley Road and Garden Drive.
Stuart Ward of Dioptra proposed a rezone request of an acre and half on Garden Dr. and
Tree Valley Rd. Mr. Ward stated that the applicant bought this property to build his own
personal home. Applicant was able to pull a previous building permit as agriculture because
of the size of the lot. But has now decided to further develop the remainder of the property
which now requires a change in the current zone. Mr. Ward also stated that the rezone
request does meet the City's comprehensive plan and codes for R-1.
Mayor England opened the public hearing for public comment.
Nick Jensen 1526 East Point, was in favor of the zone change.
Mayor England closed the public hearing.
2. An application by Nick Jensen for a Preliminary Plat for Jensen's Cove. Located
Southwest '/ Section 2, Township 6 South, Range 34 East of the Boise Meridian in the
County of Bannock on the same land as is the proposed rezone. Location is corner of
Tree Valley Road and Garden Drive.
Stuart ward of Dioptra presented a preliminary plat on the same land as the rezone. On the
preliminary plat it showed three lots, the first was the applicants current home, the second lot
will be a new residential, and the third lot will be dedicated to the City for right of way. Mr.
Ward stated that water, and sewer is already available for all three locations. Mr. Ward presented
a waiver for improvements and development on Tree Valley Rd, because the rest of the road is
not developed and there are no plans to develop in the near future. The applicant is willing to pay
a cash in lieu instead. Also a waiver for Garden Drive's 80ft right of way, applicant would like to
maintain the same 50ft right of way that is currently established. Mr. Ward also asked for a
waiver of the cash in lieu for a park, since there is an existing park across the street.
Planning and Zoning Director Devin Hillam stated that the Land Use Commission and City
staff recommends approval on the Tree Valley Rd., and Garden Drive waivers. Mr. Hillam also
stated that City Staff differs from the Land Use Commission and does not recommend approval
for the wavier for the cash in lieu of a park.
Public Works Director Rodney Burch stated that City staff has had some of the property
owners on Tree Valley Rd. interested in doing an LID to develop the road. Mr. Burch explained
that an LID spreads the cost of the development evenly, based on the frontage of the homeowner.
City Attorney Tom Holmes stated that the City has not done an LID for over 30 years because
of the administration cost and the cost for the individual homeowners.
Mayor England opened the public hearing for public comment.
Chris Peterson 4812 Navaho Pocatello, was in favor of the development. Mr. Peterson Felt
like it would be better for the Council to lower fees than to remove /waive fees.
Deloy Stuart 767 Monica Court, was in favor of the development. Mr. Stuart stated that
Garden Drive was the applicant's street, and didn't think he should be required to make any
improvements or pay for improvements on Tree Valley Rd. Mr. Stuart agreed with Mr. Peterson
on lowering the fees.
Nick Jensen 1526 East Point was in favor of the development. Gave a brief history on the
property. Mr. Jensen asked the Council to work with him as the applicant on the fees, he felt like
he was cleaning up an eye sore for the City.
Brady Smith 4550 Hershey Loop was in favor of the development. Mr. Smith asked Council
to be consistent across the board with all developers.
Mayor England closed the public hearing
Public Works Director Rodney Burch stated that the City collects a park fee during the
building permit, and the City had already issued a building permit on the first lot. Mr. Burch
didn't know if the Council could go back and charge the applicant a park fee for that lot. Mr.
Burch explained that the reason a building permit was issued previous, was because it had been a
previously approved lot and the changes to the lot for development changed the approval
process.
The four Council members agreed with the applicant on the Garden Drive and Tree Valley
Rd. waivers. They also felt like the developer should be required to pay a cash in lieu fee of a
park. The four Council members agreed with Mr. Burch that they couldn't charge a park fee to
the initial lot.
3. An application by Rocky Mountain Investing, LLC for PUD Preliminary Development
Plan for proposed Selder Meadows Apartments for Multifamily Infill Planned Unit
Development, PUD. Located Northeast '/ of the Southeast % Section 4, Township 6
South, Range 34 East of the Boise Meridian, City of Chubbuck, Bannock County, Idaho.
Location is on Hawthorne Road North of Chastain Drive, South of Canal Street.
Mitchel Greer Rocky Mountain Investing, stated the development meets all the City's
comprehensive plan and City code requirements. Mr. Greer stated that the developer was
not requesting any waivers and it meets all the open space requirements. This
development will consist of ten 4-plex units for a total of 40 units. This development will
be surrounded on all sides by a white vinyl fence. The developer would be willing to put
up the proper no parking signs and paint no parking lines on the curbing and drive lanes
where required. Mr. Greer stated that the expenses and maintenance of the facility will be
shared by the owners.
Councilmember Ellis wanted to make sure the drive lane was wide enough to support
two way traffic. Also that the turnaround space was sufficient for emergency vehicles,
and sanitation vehicles. Councilmember Lewis wanted to know how they would keep
cars from parking in emergency vehicle lanes. Councilmember Lewis was concerned
about the increase of traffic for people trying to turn left into the school. He also went
through all the required questions by City Ordinance for a PUD development.
Planning and Zoning Director Devin Hillam stated that Land Use Commission and
City staff recommends approval.
Mayor England opened the public hearing for public comment
Colt Bloxham 589 Canal St. was worried about the kids walking down Canal Street on
their way to school and getting hit by a car. Mr. Bloxham also wanted to know how this
would affect the property value of the surrounding homes.
Levi Lish 5120 Dorian St. felt like most of the kids walking by this development
would be from Canal Street and Homestead. Mr. Lish stated that he has seen kids walk up
Canal Street on cold days so they don't have to wait for the bus as long. He figured about
100+ kids would walk by this development daily.
Mayor England closed the public hearing
Mr. Greer feels like the design and the planned maintenance of this development will
maintain or increase the surrounding property values.
Councilmember Lewis would like to see a stop sign at the entrance/exit for this development
to help protect walking kids. Councilmember Ellis was wondering if they could create an access
point from this development into the school. Councilmember Baumeister wanted to know how
many kids would walk by this development daily and where they would be coming from.
Councilmember Evans liked the idea of making a school access point from this development, but
felt like it wouldn't affect the kids walking down Canal St.
4. An application by Rocky Mountain Investing, LLC for a Preliminary Plat for Selder
Meadows Apartments. Located Northeast '/ of the Southeast '/ Section 4, Township 6
South, Range 34 East of the Boise Meridian, City of Chubbuck, Bannock County, Idaho.
Location is on Hawthorne Road North of Chastain Drive, South of Canal Street.
Mitchel Greer Rocky Mountain Investing didn't have anything more to add to the
previous presentation.
Mayor England opened the public hearing and due to no public comment then closed the hearing
GENERAL BUSINESS:
1. Discussion and Approval on Integrity Estates Div. 2 Park Fees
Planning and Zoning Director Devin Hillam stated that City staff recommends
approval and staff feels like this agreement meets the requirements of the current
Ordinance. City Attorney Tom Holmes agreed with staff and also felt like the agreement
meet the City Ordinance.
Councilmember Lewis motioned for approval of Integrity Estates Div.2 park fee
Agreement of $2,138.21 per lot.
Councilmember Evans seconded motion for approval of the park fee agreement
Roll Call: Baumeister -yes, Lewis -yes, Ellis -yes, Evans -yes, motion passed
2. Approval of Integrity Estates Div. 2 Preliminary plat
Councilmember Baumeister wanted it known for the record that a public hearing was
held during the August 16th 2017 Council meeting. Councilmember Ellis stated that
approval was postponed until Council could make a decision on park fees.
Councilmember Ellis motioned for approval of Integrity Estates Preliminary Plat
as presented in the last council meeting.
Councilmember Baumeister seconded motion for approval of the Preliminary Plat.
Roll Call: Lewis -yes, Ellis -yes, Evans -yes, Baumeister -yes, motion passed
3. Approval of Jensen's Cove Change in Land Use District
Paul Andrus stated that City staff recommends approval of the zone change.
Councilmember Ellis motioned for approval of Jensen's Cove change in Land Use District
as presented from Agricultural to R-1.
Councilmember Evans seconded motion for approval of change in Land Use.
Roll Call: Ellis -yes, Evans -yes, Baumeister -yes, Lewis -yes, motion passed
4. Approval of Jensen's Cove Preliminary Plat
Councilmember Baumeister motioned for approval of Jensen's Cove Preliminary Plat. Based on
the follow conditions that the park fee waiver request has been denied. Will accept cash in lieu of
$8,775 for the Tree Valley Road improvements. The park fee will be $1,615.19. The grading
match the current road easement on the west side including sidewalk and 15ft. The waiver for
Garden Drive right of way has been approved. And the final plat accurately display the flood
plain boundary.
Councilmember Ellis seconded motion for approval
Roll Call: Evans -yes, Baumeister -yes, Lewis -yes, Ellis -yes, motion passed
5. Approval of Selder Meadows PUD Preliminary Development Plan
Councilmember Evans motioned for approval of Selder Meadows PUD
Preliminary Development Plan
Councilmember Lewis seconded motion for approval
Roll Call: Lewis -yes, Ellis -yes, Evans -yes, Baumeister -yes, motion passed
6. Approval of Selder Meadows Preliminary Plat
Councilmember Lewis motioned for approval of Selder Meadows PUD Preliminary Plat. Subject
to the follow conditions, that a stop sign and stop line be placed on the east exit at Hawthorne
Rd. The developer stripes/marks and signs the center recreational areas and the west end of the
parking lot as no parking. When the property to the west of the property line develops and in the
event that a road or parking lot connects to this property the developer will put a gate or entrance
for emergency vehicles to utilize if not otherwise open. Also that it will be surrounded by a 6ft
white vinyl fence. And the common areas and landscaping be maintained under common
ownership. The Project otherwise comply with renderings provided to the Council and City staff
with the preliminary plat petition. Councilmember Lewis also motioned based upon the criteria
found in 18.28.040 paragraph C that the conditions are satisfied under the conditional use permit.
Councilmember Baumeister seconded motion for approval
Roll Call: Baumeister -yes, Lewis -yes, Ellis -yes, Evans -yes, motion passed
7. Approval of Bilyeu Estates Div. 2 Final Plat
Planning and Zoning Director Devin Hillam stated that City staff recommends approval.
Councilmember Ellis and Lewis wondered if the developer would be interested in expanding
lots and paying a cash in lieu instead of building a park.
Mitchel Greer from Rocky Mountain Investing representing the applicant was concerned
about removing the park, because it was going to be used as storm water retention as well.
Councilmember Lewis motioned for approval of Bilyeu Estates Div. 2 final plat in accordance
with the preliminary plat.
Councilmember Ellis seconded motion for approval
Roll Call: Lewis -yes, Ellis -yes, Evans -yes, Baumeister -yes, motion passed
8. Acceptance of Well #6 Tank Construction Bid Award.
Public Works Director Rodney Burch presented the bids for well #6 tank construction.
Mr. Burch also presented that with this bid the City was under budget by $1.2 million.
Mr. Burch also stated that City staff recommends awarding the bid to Starr Corp.
Councilmember Baumeister motioned for acceptance of the bid for well #6 tank construction bid
from Starr Corporation for $3,275,000
Councilmember Evans seconded motion for approval
Roll Call: Ellis -yes, Evans -yes, Baumeister -yes, Lewis -yes, motion passed
9. Motion to enter into an Executive Session in accordance with Idaho Code 74-206 (1)(e): "
To consider preliminary negotiations involving matters of trade or commerce in which
the governing body is in competition with governing bodies in other states or nations. "
And Idaho Code 74-206 (1) (f) "to communicate with legal counsel for the public agency
to discuss. Controversies ... not yet being litigated but imminently likely to be litigated. "
Councilmember Ellis motioned to enter into an executive session Idaho Code 74-206 (1) (e)
and Idaho Code 74-206 (1) (f)
Councilmember Evans seconded motion to enter into executive session
Roll Call: Lewis -yes, Baumeister -yes, Ellis -yes, Evans -yes, motion passed
Councilmember Lewis motioned to exit executive session Idaho Code 74-206 (1) (e)
and Idaho Code 74-206 (1) (f)
Councilmember Ellis seconded motion to exit executive session
Roll Call: Ellis -yes, Evans -yes, Lewis -yes, Baumeister -yes, motion passed
CLAIMS:
City of Chubbuck claims for September 6th, 2017 as presented to Mayor England and
Council.
Councilmember Lewis motioned for approval of City of Chubbuck claims
Councilmember Evans seconded motion for approval
Roll Call: Evans -yes, Baumeister -yes, Lewis -yes, Ellis -yes, motion passed
2. Chubbuck Development Authority claims for September 6th, 2017 as presented to
Mayor England and Council
Councilmember Lewis motioned for approval of Chubbuck Development Authority claims
Councilmember Baumeister seconded motion for approval
Roll Call: Baumeister -yes, Lewis -yes, Ellis -yes, Evans -yes, motion passed
ADJOURN: MAYOR KEVIN ENGLAND
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Rich Morqan
City Clerk