HomeMy WebLinkAbout08 15 2018 CMCITY OF CHUBBUCK
COUNCIL MEETING MINUTES
AUGUST 15, 2018 — 6:00PM
CALL TO ORDER: Mayor England
PLEDGE ALLEGIANCE TO THE FLAG: Councilmember Evans
INVOCATION: Tony Seikel of the Portneuf Sanga
COUNCIL PRESENT: Annette Baumeister, Ryan Lewis, Melanie Evans, and Roger Hernandez.
STAFF MEMBERS PRESENT: Mayor Kevin England, Public Works Director Rodney Burch, City
Attorney Tom Holmes, Planning and Development Director Devin Hillam, Police Chief Bill
Guiberson, Fire Chief Merlin Miller, Building Official Ray Griffin, City Clerk Rich Morgan, and
Deputy Clerk Joey Bowers.
APPROVAL OF MINUTES: July 18, 2018 & August 1, 2018
Councilmember Evans motioned for approval of the Study Session and Council Meeting minutes.
Councilmember Hernandez seconded motion for approval of minutes.
Roll Call: Baumeister -yes, Evans -yes, Hernandez -yes, Lewis -yes, motion passed.
GENERAL BUSINESS:
1. Appeal by Performance Outdoor.
Frank Nuding representing Performance Outdoor wanted to appeal the administrative
decision of denying an application for a billboard. Mr. Nuding stated that the State allows
these type of signs along main corridors, he also stated that the City Council approved the
repurposing of a monument sign in May 2017 for Gary Cooper as a billboard. The City
also allows PRT buses, and the Hiline flag sponsors to have off premise signs. Mr.
Nuding stated that these off premises signs where a type of billboard. Mr. Nuding also
felt like the City was making it impossible for him to compete because there was only
one company that had any billboards in the City of Chubbuck.
Planning and Development Director Devin Hillam explained the justification for the
denial of the billboard application. Mr. Hillam stated that the City doesn't regulate signs
on vehicles and the Hiline flags are a nonprofit sponsorship.
Building Official Ray Griffin stated that the approval of the repurposing of the
monument sign happed at a mayor's staff meeting/design review meeting on January 4,
2016 and not at a Council Meeting. Mr. Griffin explained the history of the Cooper
property and the monument sign. The sign was placed on the property in the late 70s as
an on premise sign. Since then the property owner Gary Cooper has sold off pieces of the
property. Mr. Griffin stated that under the direction from City Attorney Tom Holmes that
since the sign was originally put in under common ownership and included everything
north of Bullock Street, and it predated the City's 1996 sign Ordinance that everything
north of Bullock Street would be considered on premise and everything south or Bullock
Street off premise. Mr. Griffin also stated that the City has since denied other
signs/billboard applications on the south of Bullock Street.
Greg Suttner also representing Performance Outdoors asked about the Lithia sign,
because Lithia is located on the south side of Bullock Street. City Attorney Tom Holmes
stated that the Lithia sign is in violation and was installed without a permit. Mr. Holmes
stated that the City currently has not taken any action to have the sign removed, but
doesn't mean it won't in the future.
Councilmember Baumeister, Evans, and Hernandez felt like this monument sign does
not advertise goods, products, or services that are not sold on the premises, therefore this
sign would not be considered a billboard but more as a location sign.
Councilmember Lewis asked Mr. Nuding if he disagreed that his application was for
an off premise billboard, and if he disagreed that under the City's ordinance that his
application would be denied as an off premise billboard. Mr. Nuding stated that he agreed
that his application would be an off premise billboard and under City Ordinance would be
denied as an off premise billboard. Councilmember Lewis also asked Mr. Nuding in his
opinion if the City made a mistake issuing a building permit to Mr. Cooper that if now
the City's Ordinance is no longer in affect.
Mr. Nuding stated that he does not think it makes the City's Ordinance obsolete, but
felt like the Council should look at his other arguments as well.
Councilmember Baumeister stated that the City does pay into PRT to provide that
service to the residents of Chubbuck, but does not have any voting rights.
Councilmember Baumeister also felt like PRT used the advertising on its buses to offset
costs and not make a profit. Councilmember Baumeister also stated that there is a
difference between a billboard and a sponsorship, and the Hiline flower basket
sponsorship qualified under the IRS definition of a sponsorship.
The Council felt like Mr. Nuding's application violated the City's current Ordinance
as an off premise sign. But invited Mr. Nuding to take the proper steps to have the City
look into and consider changing the current ordinance to allow these types of billboards
in the future.
Councilmember Lewis motioned for denial of the appeal by Performance Outdoor, based on the
current City Ordinance.
Councilmember Evans seconded motion for denial.
Roll Call: Lewis -yes, Baumeister -yes, Evans -yes, Hernandez -yes, motion passed.
2. Adoption of Resolution 2018-08 Foregone Appropriations for FY2019.
City Clerk Rich Morgan stated that the Council had its budget public hearing on
August 1, 2018, and asked the Council how to move forward.
The Council decided to take the available 3% and $98,978 of foregone. The foregone
amount will be used for capital construction and improvements.
Councilmember Baumeister motioned to adopt Resolution 2018-08.
Councilmember Hernandez seconded motion for adoption.
Roll Call: Hernandez -yes, Lewis -yes, Baumeister -yes, Evans -yes, motion passed.
3. Adoption of Ordinance 775 Appropriations for FY2019.
Councilmember Baumeister motioned for the waiver of three readings, including the reading of
one time in full for Ordinance 775.
Councilmember Evans seconded motion for waiver.
Roll Call: Hernandez -yes, Evans -yes, Baumeister -yes, Lewis -yes, motion passed.
Councilmember Baumeister motioned to adopt Ordinance 775.
Councilmember Evans seconded motion for adoption.
Roll Call: Evans -yes, Hernandez -yes, Lewis -yes, Baumeister -yes, motion passed.
4. Review and Adoption of the Strategic Plan.
Councilmember Evans motioned for adoption of the strategic plan as presented.
Councilmember Hernandez seconded motion for adoption.
Roll Call: Baumeister -yes, Evans -yes, Hernandez -yes, Lewis -yes, motion passed.
CLAIMS:
City of Chubbuck claims for August 15, 2018 as presented to Mayor England and
Council.
Councilmember Evans motioned for approval of the City of Chubbuck Claims.
Councilmember Baumeister seconded motion for approval.
Roll Call: Hernandez -yes, Lewis -yes, Baumeister -yes, Evans -yes, motion passed.
ADJOURN: Mayor Kevin England adjourned at 6:49.
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ey - eputy Clerk Kevin England -M` r