HomeMy WebLinkAboutItem #7 City PropertyCHUBBUCK
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Memo
To: Honorable Mayor & City Council
Community Services Department
290 E Linden Ave., Chubbuck, ID 83202
208.237.2430
www.CityofChubbuck.us
From: Devin Hillam, Community Services Director "
Kami Morrison, Municipal Services Program Administrator
Date: August 30, 2022
Re: City Property Use & Disposal Discussion at Council 9/21/22 — *This memo replaces an earlier one on the topic*
The City owns several properties, including parks, city hall, operations facilities, well/tank sites, etc., but there has been some
discussion about possibly disposing or otherwise leasing or using certain properties and now under new department
oversight, we seek Council guidance for how the governing body of the City would like to proceed with 4 properties.
To dispose of real property, the City Council is bound by requirements of Idaho Code section 50-1403 which requires the
following for any disposal of property:
1. A public hearing
2. Then- Council may proceed to exchange, convey, or offer for sale the real property in question subject to restrictions
of Idaho Code section 50-1401.
3. When selling, property shall be sold at public auction to the highest bidder and no bids shall be accepted for less
than the minimum declared value on the record at the public hearing of the council. If no bids are received, the
Council can sell in a way that it deems to be in the best interest of the City.
4. To exchange the property, must exchange for a property of equal value.
S. The City may transfer or convey the property to any tax -supported governmental unit, with or without consideration.
Alternatively, the Council may lease City property under terms it sees fit (e.g., Polder Park with Antler Ridge- long-term lease,
opened more amenities for public use, $0.01/year). However, if leased, the improvements and uses may not be taxed by the
Assessor since located on City property, therefore providing an unfair advantage to those leasees compared with other
property tax payers in the City.
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Size: 2.37 acres
Site Characteristics:
• Property was dedicated to the City as park space in accordance with former city requirements for park acreage in
subdivisions. No federal funds were used to acquire the property. From concept of the subdivision, the space was
identified to be park.
• Contains 35' Fort Hall Irrigation Project canal right-of-way from southern boundary to the north.
• Site is used for stormwater collection and treatment for the development.
• Lot is covered in its entirety with a public utility, irrigation, and stormwater drainage easement.
• City has historically not been maintaining the property since accepting its dedication, apart from the frontage
landscaping. Given resources, Parks & Rec likely would just mow weeds a few times per year until park amenities
are funded and land is improved. Property owners were likely told they could do temporary improvements behind
their houses but that if asked to remove them by the City, they would need to. In 2018 the Public Works Director
was exploring disposing of the property with conditions that easements be maintained for utilities and stormwater
and for future greenway trail uses but no action was ever taken. As of this report, the adjoining neighbors have
encroached on the City's property, some with very large encroachments with elements such as vinyl fences, chicken
wire fences, grass, elaborate landscaping, gardens, seating areas, and firepit areas.
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• Canal bank is within area where future canal trail is desired and not owning the property may create more conflict
than is necessary.
• Selling the property to the owners would require a survey to create new legal descriptions if the desire to sell small
portions to match existing lots. The City could, however, sell the entire lot as it currently exists, but it would be non -
buildable and would be required to be maintained as the stormwater collection area. If the Council chooses to
pursue the sale of individual portions of land, the Council should discuss who will pay the costs for the survey.
Moreover, given the fact that if disposed of, the properties would have to be auctioned to the highest bidder which
may mean that the property owners may not obtain their specific property there is a chance that an access easement
would need to be maintained should someone other than an adjacent owner win the highest bid.
• A petition has been provided by the adjacent residents stating that "everyone is in agreement of receiving a deed
to property south of their properties."
Staff Recommendation: Staff recommends exploring a long-term lease of the property with the HOA or an
association of just the applicable neighbors to ensure that when the canal trail can be built, no property ownership
issues arise and to ensure that the integrity of the stormwater collection area is maintained. Staff has not spoken
with any adjacent property owners regarding a long-term lease option, first desiring to learn whether the Council
was amenable to the idea.
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Property #2- RPRCTG1002200 located north of Sawtooth Ave. in The Grove Subdivision Div. 1
Size: 0.21 acres
Site Characteristics:
• Property was dedicated to the City as park space in accordance with former city requirements for park acreage in
subdivisions. No federal funds were used to acquire the property.
• Contains irrigation infrastructure associated with irrigation south of Sawtooth Avenue, which is owned and
maintained by the City.
• Lot is covered in its entirety with a public utility, irrigation, and stormwater drainage easement.
• In the past, at least one prior owner asked the City to consider selling the property.
• There do not appear to be any adjacent property owner encroachments on the property.
• City has historically maintained the property.
• Selling the property to the owners would require a survey to create new legal descriptions
Staff Recommendation: Staff recommends disposing or leasing of the property under conditions that the lot remain
non -buildable for primary uses (new single-family dwelling) and that whoever acquires the property relocates the
irrigation infrastructure to the park lot south of the road.
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Property #3- RPRCCPCO24406, RPRCCPCO24409, & RPRCCPCO24408 located southwest of the New Day Parkway —
Whitaker Road intersection
Size: 3.6 acres before road/path built; after road/path —2.3 acres
Site Characteristics:
Property was purchased in 2018 by the City for the road expansion. No federal funds were used to acquire the
property.
• There are no restrictions on the property under terms of the property acquisition and the property can be sold.
• Once road/path built, City likely would want a survey created for the parcel.
There has been a prior city concept to develop a skatepark on the property, however, Council support seemed
minimal for the idea.
Parcel will have an access directly across from Northside Crossing Rd.
• Zone: C-1, Limited Commercial.
• Comprehensive Plan Future Land Use Designation: Mixed Use
Staff Recommendation: Staff recommends either disposing of the property or identifying a City -use for the property
to work towards. At a prior Council discussion, ideas for the property were mentioned- a skatepark, park and ride,
path trailhead, dog park, etc. Until such time that we can adequately maintain our existing parks, we are not
supportive of adding more park facilities that will require more financial and labor costs to our system but would
support low -maintenance parks and recreational uses.
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Property #4- RCCPCO24407 located southwest of the New Day Parkway - Whitaker Road intersection
Size: 1.65 acres before road/path built; after road/path -0.9 acres
Site Characteristics:
• Property was purchased in 2022 by the City through eminent domain. No federal funds were used to acquire the
property.
• There are no recorded agreements that Staff can find which prohibit the City from disposing of the property since
it was purchased outright but the City did represent that it was not believed that there would be a commercial use
for the property.
• Once road/path built, City likely would want a survey created for the parcel.
• Parcel may have access from the adjacent lot to the west and from Whitaker Road.
• Zone: C-1, Limited Commercial.
• Comprehensive Plan Future Land Use Designation: Mixed Use
Staff Recommendation: Staff recommends not disposing of this property out of respect for the former owner and
the statements of the City but instead recommends that the Council identify a City -use for the property for Staff to
work towards. At a prior Council discussion, ideas for the property were mentioned- a skatepark, park and ride, path
trailhead, dog park, etc. Until such time that we can adequately maintain our existing parks, we are not supportive
of adding more park facilities that will require more financial and labor costs to our system but would support low -
maintenance parks and recreational uses. If the property to the west is sold, we recommend we build a trailhead
access for the multi -use path (likely grant funded). If a city -use is desired on this property, the Council may want to
discuss if it wishes to have a similar, compatible use on the east side of Whitaker Road as well.
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Property #5- A portion of RCPM9002400 located in Parks Meadows Subdivision 9' Addition, specific area located
at approx. 4548 Hershey Loo.
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Size: Very small
Site Characteristics:
Property was dedicated to the City as part of the plat in 2007 for the subdivision, which was part of the Parks
Meadows Planned Unit Development. No federal funds were used to acquire the property.
• Site serves as part of the stormwater infrastructure for the development, with a small pipe being located under the
pathway and the ground generally sloping to create a swale.
• The property owner at 4546 Hershey Loop approached the City seeking to purchase or otherwise use the land for
uses of improving it for vehicle parking sized for a full-size pickup. Property owner said that they do some
maintenance of the property, including spraying for weeds and pests.
Staff Recommendation: If the requesting homeowner can provide a way for the stormwater to function as designed
and for the walkway to continue to serve its purpose, Staff recommends considering the request of the adjacent
petitioning property owner. Possible solutions could be to dispose of it or to enter into a lease agreement. As a
matter of policy however, if granted, this could set the Council up to obtain more requests to divest of propertied
interests around the parks for those properties with 5' and 9' side setbacks and in the case of Parks Meadows, the
pathways and landscaped areas were an integral part of the PUD design. Therefore, a lease agreement allowing the
property to do pavement improvements on the city property and to park vehicles on the property may make more
sense should the Council agree to do something on this property. A lease agreement should also address any damage
to city infrastructure such as the pathway.
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Property #6- RCPM6001300 located in Parks Meadows Subdivision 61" Addition
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Size: 0.71 acres
Site Characteristics:
Property was dedicated to the City as part of the plat in 2005 for the subdivision, which was part of the Parks
Meadows Planned Unit Development. No federal funds were used to acquire the property.
This property receives frequent calls from adjacent property owners having issues with voles, water, weeds, etc.,
which the Parks & Recreation Division is empathetic towards but believes is largely caused by the "parks" location
adjacent to an actively farmed piece of property to the west. The school district owns the property to the west of
this lot and it is unknown when they will develop it.
As indicated with the prior property, the parks and trails in the Park Meadows development were part of the a PUD
with an integral recreational space design. In other areas of the development, the open space and trails make
complete sense and are connected to other parts of the development. This lot is located on the border of the
development and the trail only connects the north part of Independence Ave on the block to the southern part of
the same block, without other connections like are found elsewhere in the development.
Staff Recommendation: Staff recommends that that the Council consider disposing of this lot in its entirety. The
residents have not been approached about the disposal idea but if the Council so desired to consider selling it, Staff
will send letters to the adjacent property owners inquiring about their thoughts on the property's disposal. It could
be sold to a common ownership association comprised of the 11 residence owners who could then use the property
as they chose, or the property could be sold essentially as several rear yard lot extensions.
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