HomeMy WebLinkAbout10 17 2018 CMCITY OF CHUBBUCK
COUNCIL MEETING MINUTES
OCTOBER 17, 2018 — 6:OOPM
LOCATED AT
CHUBBUCK CITY HALL
5160 YELLOWSTONE AVE.
CALL TO ORDER: Mayor England
PLEDGE ALLEGIANCE TO THE FLAG: Councilmember Evans
INVOCATION: Pastor Starr Reardon of the First Congregational United Church of Christ.
COUNCIL PRESENT: Melanie Evans, Roger Hernandez, Annette Baumeister, and Ryan Lewis.
STAFF MEMBERS PRESENT: Mayor Kevin England, City Attorney Tom Holmes, Public Works
Director Rodney Burch, Police Chief Bill Guiberson, Fire Chief Merlin Miller, Planning and
Development Director Devin Hillam, City Planner Paul Andrus, Human Resource Director Scott
Gummersall, City Clerk Rich Morgan, and Deputy Clerk Joey Bowers.
APPROVAL OF MINUTES: October 3, 2018
Councilmember Baumeister motioned for approval of the minutes as presented.
Councilmember Evans seconded motion for approval of the minutes.
Roll Call: Evans -yes, Baumeister -yes, Hernandez -yes, Lewis -abstain, motion passed.
PUBLIC HEARING:
A request to amend the Future Land Use Designations Map of Chubbuck's Comprehensive Plan to
include approximately 950 acres of land and to designate said land as Commercial and Mixed Use. The
subject property is located within the E 1/2 of section 35 and the W 1/2 and SE 1/4 of section 36,
Township 5 South, Range 34 East; in the E 1/2 of section 2 and N 1/2 of section 1, Township 6 South,
Range 34 East; in the NW 1/4 of section 6, Township 6 South, Range 35 East; and in the N 1/2 of section
31, Township 5 South, Range 35 East, of the Boise Meridian. Subject property includes the following
Bannock County tax parcels: R3853000516, R3853000409, R3853000413, R3853000411, R3851001402,
R3803057106, R3803055602, R3803057200, R3805002500, R3805002600, and R3853000514. The
general location is approximately 1/2 mile north of Chubbuck Road and East of Interstate 15. Action
Item: Decision
Trustees Lavelle Rupp and his sister Christine Petersen represented the Harold L. Rupp Sr.
Trust and the Beta J. Rupp Trust. Mr. Rupp stated that they had submitted an application for
annexation into the City of Chubbuck, and would like to amend the City's future land use map to
move forward with future annexation. Mr. Rupp also stated that they had looked at all their
options over a number of years, and it was always one of his parent's wishes to be annexed into
the City of Chubbuck.
Councilmember Lewis asked Mr. Rupp if he was stating that his private property rights would
be best served in the City of Chubbuck. Mr. Rupp said that his family had all met together and
had all agreed that it would be in their best interest to become part of the City of Chubbuck.
Planning and Development Director Devin Hillam gave a historylbackground on the
designated land. Mr. Hillam went over the comprehensive plan and how this land meets all the
requirements for land designation and annexation. Mr. Hillam stated that city staff is working
with the Chubbuck Development Authority, Pocatello Development Authority, City of Pocatello,
and the Rupp family on this annexation. Mr. Hillam stated that before an annexation could be
considered the land must be included in a future land use map. The Land Use and Development
Commission recommended approval following a public hearing. Mr. Hillam stated that city staff
recommends the Council postponing making a decision for a future date.
Councilmember Lewis asked Mr. Rupp if he understood Mr. Hillam's recommendation and if
he was comfortable with the Council postponing a decision for a future date. Mr. Rupp stated
that he had been in discussions with city staff and is in agreement with their recommendation.
Councilmember Hernandez asked about some of the issues that the City of Pocatello had.
Councilmember Evans asked if the City of Pocatello was still wanting to re -add this land to their
area of impact with the County. Councilmember Baumeister asked if Mr. Rupp's development
plans would coincide with the land owners that are land locked with his land and have already
been annexed into the City of Pocatello.
Mr. Hillam stated that city staffs from the City of Chubbuck and City of Pocatello are
working together with the Rupp family to resolve any issues, and to make all those involved with
the ITD interchange whole again. Mr. Hillam also stated that the City of Pocatello had postponed
any discussion with Bannock County about their area of impact. Mr. Hillam felt like there would
not be any issues between Mr. Rupp's land development and the City of Pocatello land owner's
development.
Mayor England declared the public hearing open for public comment.
Niki Taysom 325 W. Griffith, was opposed. Ms. Taysom felt like it would be less of a
financial stress on tax payers if this land was part of the City of Pocatello.
Due to no more public comment Mayor England closed the public hearing.
A request to amend Title 18 of Chubbuck City Code, Land Use Ordinance, to add a new zoning district,
the Creative Community district, previously referred to as the "Mixed Use" district, providing for the
purpose and intent of the section, special provisions including selective modification of municipal
standards, qualifying locations and area requirements, overall net residential zone density, minimum lot
area, periphery design, pedestrian realm design, land use designation areas, and relationship of the zone
to other land use controls; providing for the manner in which the zone may be established and
effectuated through the submission of master development plans, design book reviews, and
conformance with approved plans; providing for development and design standards which address
issues related to common ownership or control, appropriate mix of uses and careful location of
nonresidential uses, excellent bicycle and pedestrian pathways and trails, peripheral location of
collectors and arterials, ownership and maintenance of common open space and property, and
prohibiting gated communities; providing for building and architectural designs and standards related to
unencumbered building areas, clustered buildings, like uses facing like uses, landscaping requirements,
buffering nonresidential uses from residential uses when desirable, requiring underground utilities,
recreational and other vehicle storage, requiring an architectural control committee, a diverse and
interesting product mix, corner lot designs, single -family residence sidewalks and setbacks, garage
placement, multi-family housing designs, ground level aesthetics, residential frontage locations, building
heights, lighting, parking, signage, and open space. This request was recommended for approval by the
Land Use and Development Commission. Action Item: Decision
Planning and Development Director Devin Hillam presented a creative community zone, this
zone is another option for developers to build under if they desire. The City will still maintain its
current zones. Mr. Hillam stated that applications would be assessed on a case by case bases and
would not hold the Council hostage to maintain that precedence for future applications. Mr.
Hillam went over the requirements that a developer would need to take to build under this zone.
Councilmember Lewis asked about the conditional use permits and the process for those
permits. Councilmember Baumeister asked which section addressed skinny streets and how the
home owners associations (HOA) would enforce on street parking. Councilmember Baumeister
asked Chief Guiberson if he had any issues with skinnier streets.
Mr. Hillam stated that these permits would be conditional and would follow the traditional
conditional use permit process. Mr. Hillam also stated that skinny streets is addressed in section
18.21.20. Mr. Hillam stated that on street parking would not be enforced by the HOA, but by the
City's code enforcement. On street parking on skinnier/narrower streets is also used to help slow
traffic. Chief Guiberson stated that he didn't have any issues with the proposed skinnier streets.
Councilmember Evans asked about the change to the paved pathways. Councilmember Evans
was concerned that if the ordinance didn't require a paved path, that developers would do a
cheaper path to meet that requirement. Mr. Hillam stated that it was changed to create more
flexibility but the pathway would still need to be approved by the Council and meet ADA
compliance.
Mayor England declared the public hearing open for public comment.
Niki Taysom 325 W. Griffith, was opposed. Ms. Taysom felt like the Council should set a
standard and stick to it. Ms. Taysom was against high density housing, skinny streets, land use
controls and sidewalks. Ms. Taysom asked about incumbent areas, and how the community
pathways would be maintained.
Lyn Yost 13982 N. Rio Vista, was in favor. Mr. Yost felt like this zone gave developers more
options to create a fun walkable community.
Councilmember Lewis asked Mr. Yost if in his experience if there is a need and a population
that is looking for these types of housing developments. Mr. Yost stated that these types of
communities are being developed all over the United States, and studies have showed that there
is a lot of people that are looking and wanting to live in these types of communities. Mr. Yost
felt like this zone would help attract people and businesses.
Mr. Hillam addressed Ms. Taysom's questions about incumbent areas and pathway
maintenance. Mr. Hillam stated that building areas should remain incumbent to allow for
easements and rights of ways. Mr. Hillam also stated that pathway maintenance will be
addressed on a case by case bases between the City and the developer depending on use.
Councilmember Lewis asked how dedicated areas would be addressed. Mr. Hillam stated that
dedicated areas would be treated the same way as traditional development.
Due to no more public comment Mayor England closed the public hearing.
3. A request for a Category A annexation into the City of Chubbuck which consists of approximately
632.7 acres with Agricultural (A) and Commercial General (C-2) zoning designations. The subject property
is located within all quarters of section 35, Township 5 South, Range 34 East, and the N 1/2 and SE 1/4 of
section 2, Township 6 South, Range 34 East, of the Boise Meridian, Idaho. Subject property includes the
following Bannock County tax parcels: R3853002405, 83853001305, R3853001306, 83853001308,
R3853001307,R3853000509,83853000504,83853000506,R3853000801,R3853000507,R3853000508,
83853002008,83803057101,83803055601,R3803056001,R3803056003,R3803056002,R3803056404,
83803056403, and 83803056601. The general location.is east of the railroad tracks, west of Interstate
15, south of Tyhee Road, and north of Chubbuck Road. The Land Use and Development Commission
recommended approval of this application. Action Item: Decision
Planning and Development Director Devin Hillam presented an annexation of 632 acres into
the City. Mr. Hillam presented that this is a volunteer category "A" annexation and how it meets
the requirements for annexation. Mr. Hillam stated that the land owners/developers have plans to
build under the Creative Community (CC) zone.
Councilmember Lewis asked if under private property rights all land owners had consented
for annexation, and if all those consents had been recorded with this annexation. Mr. Hillam
stated that all landowners had agreed and voluntarily applied for annexation.
Mayor England declared the public hearing open for public comment.
Niki Taysom 325 W. Griffith, was opposed. Ms. Taysom opposed based on the possibility of
TIFF districts, impact fees, future developments under international codes, water rights, and
government controlled utilities.
Lyn Yost 13982 N. Rio Vista, was in favor. Mr. Yost felt like with the new interchange and
with the growth of the City of Chubbuck that annexation of this land is the appropriate decision.
Due to no more public comment Mayor England closed the public hearing.
GENERAL BUSINESS:
Appeal the Denial of a Day Care License for Aimee Towery.
(Council will discuss the denial of a day care license by the Chubbuck Police Department).
Aimee Towery explained her situation.
Councilmember Evans asked Ms. Towery if she had any prior daycare experience.
Councilmember Lewis asked if she had any instances with child services or and child
safety concern instances with her own children. Ms. Towery stated that she did have prior
daycare experience, and had not had any incidents or safety concerns with her own
children.
Chief Bill Guiberson stated that the City Ordinance clearly states that any omissions
or false statements is grounds for denial of a daycare license. Councilmember Baumeister
asked Chief Guiberson if Ms. Towery would have marked "yes" and explained the
situation, if her daycare license would have been approved. Chief Guiberson stated that
even with the incident in question the application would have been granted.
The Council wanted it known that they support the strict applicationibackground
checks for these types of licenses.
Councilmember Evans motioned to approve the appeal of the denial of a day care license for
Aimee Towery, and to grant the application.
Councilmember Hernandez seconded motion for approval.
Roll Call: Evans -yes, Baumeister -yes, Hernandez -yes, Lewis -yes, motion passed.
2. Discussion about Amending the Future Land Use Designations Map.
(Council will discuss amending the comprehensive plan).
Mayor England told the Council about his conversations with Mayor Blad and having
both staffs working together to resolve any issues. Mayor England stated that he had
given Mayor Blad a deadline of January 16, 2019 to resolve any issues, before the
Council would move forward with a decision on an annexation application.
Councilmember Lewis motioned to table a decision for a future date.
Councilmember Baumeister seconded motion to table a decision.
Roll Call: Hernandez -yes, Evans -yes, Baumeister -yes, Lewis -yes, motion passed.
3. Adoption of Ordinance 778 Creative Community (CC) Zoning District.
(Council will discuss adding chapter 18.21 providing for a zoning district of Creative Community).
Councilmember Baumeister stated for clarification that this zone does address off
street parking and rear loaded garages. This zone is an option for developers and is not
required. Councilmember Lewis agreed with Councilmember Baumeister that this is a
choice for the developers and a choice for those that choose to live in these communities.
Councilmember Lewis also made a few changes to the drafted ordinance.
Councilmember Evans motioned for the waiver of three readings, including the reading of one
time in full for Ordinance 778.
Councilmember Hernandez seconded motion for waiver.
Roll Call: Baumeister -yes, Hernandez -yes, Lewis -yes, Evans -yes, motion passed.
Councilmember Lewis motioned to adopt Ordinance 778 with the modifications to 18.21.020
and 18.21.050 as recommended by Councilmember Lewis.
Councilmember Evans seconded motion for adoption.
Roll Call: Hernandez -yes, Lewis -yes, Evans -yes, Baumeister -yes, motion passed.
4. Adoption of Ordinance 779 Annexation.
(Council will discuss the annexation of 632.7 acres with Agricultural (A) and Commercial (C-2)
zoning designations).
Councilmember Hernandez motioned for the waiver of three readings, including the reading of
one time in full for Ordinance 779.
Councilmember Evans seconded motion for waiver.
Roll Call: Lewis -yes, Baumeister -yes, Evans -yes, Hernandez -yes, motion passed.
Councilmember Evans motioned to adopt Ordinance 779 as presented.
Councilmember Hernandez seconded motion for adoption.
Roll Call: Baumeister -yes, Evans -yes, Hernandez -yes, Lewis -yes, motion passed.
5. Approval of Park Meadows 10 Final Plat.
(Council will discuss the application and if it meets City code).
Brady Smith from Rocky Mountain Engineering represented the applicant. Mr. Smith
stated that back in 2009 this development was approved for construction. The water and
sewer infrastructure was built and accepted by the City. But due to a decline in the
economy the remainder of the improvements were never completed. The Council had
approved two waivers with the preliminary plat.
Councilmember Evans motioned to approve Park Meadows 10 final plat.
Councilmember Hernandez seconded motion for approval.
Roll Call: Evans -yes, Hernandez -yes, Lewis -yes, Baumeister -yes, motion passed.
6. Approval of the Health Plan Trust Funding for FY 2019.
(Council will discuss the funding for the City's health plan trust).
Human Resource Director Scott Gummersall presented a study from Roy &
Associates about the City's self-funded medical plan. Mr. Gummersall stated that the
Council is required to approve the health plan trust funding every year, and recommended
following the consulting actuaries funding recommendation.
Councilmember Lewis motioned to approve the health trust funding for FY2019, as
recommended by the actuary in his letter dated August 22, 2018.
Councilmember Evans seconded motion for approval.
Roll Call: Hernandez -yes, Lewis -yes, Baumeister -yes, Evans -yes, motion passed.
7. Discussion about Walkability Study and Looking Glass Academy.
(Council will receive information about upcoming walkability/ADA audit).
Public Works Director Rodney Burch presented that in the spring of 2019 the City has
the opportunity to receive training from the Looking Glass Academy; to help promote
safe routes for pedestrians. The City is going to partner with the Idaho Transportation
Department, and Bannock Transportation Planning Organization to share the cost of this
training.
CLAIMS:
City of Chubbuck claims for October 17, 2018 as presented to Mayor England and
Council.
Councilmember Baumeister motioned for approval of the City of Chubbuck Claims.
Councilmember Hernandez seconded motion for approval.
Roll Call: Lewis -yes, Hernandez -yes, Evans -yes, Baumeister -yes, motion passed.
ADJOURN: Mayor Kevin England adjourned at 7:30
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;6*eyers:-'De�puty Clerk Kevin England- ayor