HomeMy WebLinkAbout03 07 2018 CMCITY OF CHUBBUCK
COUNCIL MEETING MINUTES
MARCH 7, 2018 — 6:00PM
CALL TO ORDER: Mayor England
PLEDGE ALLEGIANCE TO THE FLAG: Evan Baumeister
INVOCATION: Evan Baumeister
COUNCIL PRESENT: Roger Hernandez, Annette Baumeister, Ryan Lewis, and Melanie Evans.
STAFF MEMBERS PRESENT: Mayor Kevin England, Public Works Director Rodney Burch,
Planning and Development Director Devin Hillam, Human Resource Director Scott Gummersall,
City Attorney Tom Holmes, Police Chief Bill Guiberson, City Clerk Rich Morgan, and Deputy
Clerk Joey Bowers.
APPROVAL OF MINUTES: February 21, 2018
Councilmember Baumeister motioned for approval of minutes as presented.
Councilmember Hernandez seconded motion for approval of minutes.
Roll Call: Baumeister -yes, Lewis -yes, Hernandez -yes, Evans, -yes, motion passed.
PUBLIC HEARING:
Applicant, City of Chubbuck proposes an ordinance of the City of Chubbuck, Idaho, adding
section 17.08.145 to define the "Public Works Director"; amending section 17.12.020 regarding
the Planning Conference to provide submissions shall be made by the developer seven days
prior to the Planning Conference meeting; making changes in chapter 17.12 to eliminate Public
Hearings for plats unless petition is made and granted or required under state law; providing for
plats to be submitted in electronic PDF format; clarifying criteria for a Master Plan; providing for
the review and criteria for consideration of a Preliminary Plat by staff and agencies and by the
Land Use and Development Commission and provisions for Public Hearing if requested,
providing for the review of the Preliminary and Final Plat by the City Council and provisions for
Public Hearing if requested; providing for submission of covenants and entity formation
information to provide for the maintenance and preservation of improvements or land held in
common ownership; providing for plat certification to include provisions relating to irrigation
water and any Development Agreement related to the property; repealing section 18.20.060 E
which requires 100 square feet of usable private space in a residential Planned Unit
Development; repealing prior conflicting ordinances; providing for the severability of the
provisions of this ordinance; providing that all other sections of chapter 17.08, 17.12 and 18.20
not amended shall remain in effect; and providing when this ordinance is effective. The
amendment was recommended by the Land Use and Development Commission at the February
13, 2018 meeting following a public hearing.
Planning and Development Director Devin Hillam presented the changes that this
ordinance would make to City code and procedure. Mr. Hillam stated that these new
procedures could take off 30 days for approval.
Councilmember Lewis wanted to know what would be posted at the property to let
the community know. Councilmember Lewis wants the time line and information needed
for the public to move forward if they desire to request for a public hearing, posted at the
property. Councilmember Hernandez wants these notices posted on the City website for
more public access.
Councilmember Baumeister felt like City staff could educate the public about these
processes when contacted. Councilmember Baumeister wanted to know how many names
a petition would need for a public hearing.
Mr. Hillam. stated that a petition would need at least 20 signatures or more for a public
hearing. If the petition does not have 20 signatures or more than it would be up to the
discretion of the boards Chairperson or the Council if there would be a public hearing.
Mayor England declared the public hearing opened for public comment.
Darris Ellis 4470 Wasatch Street wanted to know about the covenants that would be
required. Public Works Director Rodney Burch stated that the intent of section 17.12.080
about covenants was for the properties that are under joint/common ownership, and how
those properties will be maintained. Mr. Ellis also wanted to know about the 300ft notice
requirement. Mr. Hillam stated that State code does not require a 300ft notice
requirement, and this ordinance will remove that requirement in the City. Mr. Darris was
concerned about giving one person (Public Works Director) so much power, and what the
process would be if a developer disagreed with the Public Works Director decision. City
Attorney Tom Holmes stated that the developer could still go to the Mayor if they
disagreed. Mr. Hillam stated that it does say in section 17.12.080h that an applicant can
still go before land use for approval, even if the Public Works Director denies the
application.
Ron Dykman 444 East Chubbuck Rd. was in favor and thinks these changes will be
great for the City. Councilmember Lewis address Mr. Dykman and those in the audience
and wanted it known that this ordinance does not change any building/development
standards. It is only designed to help with the application process.
Nick Jensen 790 Garden Drive was in favor and thinks these changes will be great.
Due to no more comment Mayor England closed the Public Hearing.
GENERAL BUSINESS:
1. Discussion and Approval of Ordinance 773 to Amend Sections 17.08, 17.12, & 18.20.
Councilmember Lewis had a concern about section 17.12.230 petitioning the Council.
Councilmember Lewis felt like if the public is taking the time to petition the Council, that
the petition needs to come before the Council and not just the Mayor, legal counsel, and
Public Works Director.
City Attorney Tom Holmes stated that section 17.12.230 was following Idaho code
67-6521, but if the Council wants to hear these petitions they have that right.
Councilmember Evans agreed with Councilmember Lewis, and felt like if the public
reads this and petitions the Council, but the Council never sees the petition it puts the
Council in a bad situation when the public approaches the Councilmembers about it.
Planning and Development Director Devin Hillam was concerned that the public
would use the petition just to slow down construction.
The Council decided that if the public decided to petition the Council to hold a public
hearing, that the petitioner would be placed on the next available City Council meeting
agenda to present their petition. The Council would then decide if the petition has merit
and if the application would be delayed to hold a public hearing at a later date. If the
Council decides that the petition does not have merit and the applicant is meeting all City
codes, and requirements the Council would then deny the petition for a public hearing
and move forward with the approval process. City Attorney Tom Holmes stated that he
felt like this process complied with Idaho code.
Councilmember Baumeister motioned for the waiver of three readings, including the reading of
one time in full for Ordinance 773.
Councilmember Evans seconded motion for waiver.
Roll Call: Lewis -yes, Hernandez -yes, Evans -yes, Baumeister -yes, motion passed.
Councilmember Evans motioned for adoption of Ordinance 773, with the change to include the
City Council in section 17.12.230.
Councilmember Hernandez seconded motion for adoption.
Roll Call: Hernandez -yes, Evans -yes, Baumeister -yes, Lewis -yes, motion passed.
2. Discussion and Decision on request for funding for fiscal year 2018.
These requests were presented and discussed in the March 7, 2018 study session.
Meals on Wheels/SEICCA- Councilmember Lewis motioned for approval of $4,000.
Councilmember Evans seconded motion for $4,000.
Roll Call: Evans -yes, Baumeister -yes, Lewis -yes, Hernandez -yes, motion passed.
Family Service Alliance of SE Idaho- Councilmember Lewis motioned for approval of $5,000.
Councilmember Baumeister seconded motion for $5,000.
Roll Call: Baumeister -yes, Lewis -yes, Hernandez -yes, Evans -yes, motion passed.
Aide for Friends- Councilmember Evans motioned for approval of $4,000.
Councilmember Hernandez seconded motion for $4,000.
Roll Call: Lewis -yes, Hernandez -yes, Evans -yes, Baumeister -yes, motion passed.
Biggest Show in Idaho- Councilmember Baumeister motioned for approval of $6,439.20.
Councilmember Evans seconded motion for $6,439.20
Roll Call: Evans -yes, Baumeister -yes, Lewis -yes, Hernandez -yes, motion passed.
Councilmember Lewis voted yes on the understanding that this will be the last year.
Visit Pocatello- Councilmember Baumeister motioned for approval of $5,000.
Councilmember Evans seconded motion for $5,000.
Roll Call: Baumeister -yes, Evans -yes, Lewis -yes, Hernandez -yes, motion passed.
3. Approval of Ordinance 774 Evans PUD & Selder Meadows Apt. Change of Land Use.
Councilmember Evans recused herself from this item of business.
Councilmember Baumeister motioned for the waiver of three readings, including the reading of
one time in full for Ordinance 774.
Councilmember Hernandez seconded motion for waiver.
Roll Call: Lewis -yes, Baumeister -yes, Hernandez -yes, Evans -recused, motion passed.
Councilmember Hernandez motioned for adoption of Ordinance 774.
Councilmember Baumeister seconded motion for adoption.
Roll Call: Hernandez -yes, Baumeister -yes, Lewis -yes, Evans -recused, motion passed.
4. Approval to confirm the City of Chubbuck contributions to the City of Chubbuck Health
Plan Trust as approved by the plan actuary for the plan year ending 09/30/2018.
Human Resource Director Scott Gummersall presented that the department of Idaho
Insurance required the Council to acknowledge that no funding is required from the City
employee, spouse/domestic partner, and eligible dependents.
Councilmember Baumeister motioned to confirm the City of Chubbuck contributions to the City
of Chubbuck Health Plan Trust as approved by the plan actuary for the plan year ending
09/30/2018. This is to clarify that the contribution is exclusively from the City of
Chubbuck. No contribution is required from employees as stated by the plan actuary. Council
confirms that this includes no employee contribution for coverage provided to eligible
employees, spouses/domestic partners and dependents.
Councilmember Evans seconded motion for approval.
Roll Call: Hernandez -yes, Evans -yes, Lewis -yes, Baumeister -yes, motion passed.
5. Motion to enter into an Executive Session in accordance with Idaho Code 74-206 (1)(c):
"To acquire an interest in real property which is not owned by a public agency."
Councilmember Evans motioned to enter into an executive session.
Councilmember Hernandez seconded motion to enter into executive session.
Roll Call: Hernandez -yes, Evans -yes, Baumeister -yes, Lewis -yes, motion passed.
Councilmember Baumeister motioned to exit the executive session.
Councilmember Evans seconded motion to exit executive session.
Roll Call: Evans -yes, Lewis -yes, Baumeister -yes, Hernandez -yes motion passed.
6. Approval of the Final Right of Way Acquisition contracts.
Councilmember Lewis motioned for approval of the final right of way acquisition contracts for
the Smith, and Merica properties.
Councilmember Hernandez seconded motion for approval of contracts.
Roll Call: Baumeister -yes, Lewis -yes, Evans -yes, Hernandez -yes, motion passed.
CLAIMS:
1. City of Chubbuck claims for March 7th, 2018 as presented to Mayor England and
Council.
Councilmember Lewis asked about the purchase of a backhoe lease. Public
Works Director Rodney Burch stated that this is a $45,000 purchase option, and if
the City choose to enter into another lease it would be about $108,000 over the term
of that lease.
Councilmember Baumeister motioned to approve the City of Chubbuck claims as presented.
Councilmember Hernandez seconded motion for approval.
Roll Call: Lewis -yes, Baumeister -yes, Hernandez -yes, Evans -yes, motion passed.
ADJOURN: Mayor Kevin England adjourned at 7:31.
;JO::Z - PUTY CLERK KE ENGLAND- YOR