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Home My WebLink About03 17 2021 CMCITY OF CHUBBUCK COUNCIL MEETING MINUTES MARCH 17, 2021— 6:00PM LOCATED AT CHUBBUCK CITY HALL 5160 YELLOWSTONE AVE. CALL TO ORDER: Mayor England. PLEDGE ALLEGIANCE TO THE FLAG: Councilmember Evans COUNCIL PRESENT: Melanie Evans, Roger Hernandez, Ryan Lewis, and Dan Heiner. STAFF MEMBERS PRESENT: Mayor Kevin England, City Attorney Tom Holmes, Public Works Director Rodney Burch, Police Chief Bill Guiberson, Planning and Development Director Devin Hillam, Planning Manager Don Matson, Development Services Manager Sean Harris, City Treasurer Rich Morgan, and City Clerk Joey Bowers. APPROVAL OF MINUTES: March 3, 2021. Councilmember Heiner motioned for approval of the Study Session and Council Meeting minutes. Councilmember Hernandez seconded motion for approval of minutes. Roll Call: Evans -yes, Hernandez -yes, Lewis -yes, Heiner -yes, motion passed. PROCLAMATIONS.- 1. ROCLAMATIONS: 1. Surveyors Week Mayor England read aloud a proclamation. PUBLIC HEARING: 1. NOTICE IS HEREBY GIVEN that the City Council of the City of Chubbuck, Idaho, will conduct a Public Hearing at 6:00 pm on March 17, 2021. The public meeting will occur in accordance with Idaho Code 63- 1311A, and with respect to the following items: to consider public comment regarding proposed fee increases in excess of five percent (5%) of the amount of the fee last collected or regarding proposed new fees with respect to a Wastewater Capacity Replacement Fee ("Sewer Connection Fee"). Public Works Director Rodney Burch presented the final results from the FCS Group. FCS Group had been working on a water and wastewater rate study for the City of Chubbuck as requested by the City Council. The FCS Group proposed a sewer connection fee in the amount of $4,133 that would be charged within the city limits and outside of the city limits. The Chubbuck Impact Area Wastewater Collection Authority approved this rate change at their March 4, 2021 board meeting. Mayor England opened the public hearing. Being no comment, Mayor England closed the public hearing. GENERAL Bus1NESS: 1. The Swearing in of Chubbuck Police Officers. Chief Bill Guiberson presented Officer Fallon Price. Officer Price was sworn in by Mayor England and then had her badge pinned on by a family member. 2. Adoption of Ordinance 826 Sewer Connection Fee. (Council will discuss amending 13.04.023 of city code). Councilmember Hernandez motioned for the waiver of three readings, including the reading of one time in full for Ordinance 826. Councilmember Evans seconded motion for waiver. Roll Call: Hernandez -yes, Lewis -yes, Heiner -yes, Evans -yes, motion passed. Councilmember Evans motioned for adoption of Ordinance 826. Councilmember Heiner seconded motion for adoption. Roll Call: Lewis -yes, Evans -yes, Hernandez -yes, Heiner -yes, motion passed. 3. Adoption of Resolution 2021-01 Sewer Connection fee. (Council will discuss the sewer connection fee charged within and outside of the city limits). Councilmember Heiner motioned for adoption of Resolution 2021-01. Councilmember Hernandez seconded motion for adoption. Roll Call: Lewis -yes, Heiner -yes, Evans -yes, Hernandez -yes, motion passed. 4. Adoption of Resolution 2021-02 Capacity Fee Incentive Program. (Council will discuss a housing capacity fee incentive program). Public Works Director Rodney Burch presented that housing availability has been identified as the number one risk to the Southeast Idaho Economy, which has been impacted not only by the increasing costs of construction but also by the negative impacts of COVID-19. City Staff has analyzed to have a temporary thirty percent (30%) reduction in both Water and Wastewater Capacity Fees to $1,575 per EDU for Water and $2,872 per EDU for the Wastewater Capacity fee for a period of twelve (12) months, to encourage the availability of housing within this great community. Councilmember Lewis motioned for adoption of Resolution 2021-02, with requested changes. Councilmember Hernandez seconded motion for adoption. Roll Call: Heiner -yes, Evans -yes, Hernandez -yes, Lewis -yes, motion passed. 5. Approval of the JC Penny Subdivision Short Plat. (Council will discuss the application and if it meets City code). Brady Smith from Rocky Mountain Engineering represented the applicant. Mr. Smith presented an application to plat the current JC Penny subdivision into one commercial lot. Mr. Smith also stated that the applicant had a real estate agreement with the Pine Ridge Mall that allows parking access for this property. Development Services Manager Sean Harris stated that this application had been reviewed by City Staff and appears to meet the standards of Titles 16, 17 and 18 of City Code, and recommended approval. Councilmember Lewis motioned for approval of the JC Penny Subdivision Short Plat. Councilmember Hernandez seconded motion for approval. Roll Call: Heiner -yes, Evans -yes, Lewis -yes, Hernandez -yes, motion passed. 6. Approval of the Playhouse Subdivision Short Plat. (Council will discuss the application and if it meets City code). Brady Smith from Rocky Mountain Engineering represented the applicant. Mr. Smith presented an application to plat the Playhouse subdivision into one commercial lot. Mr. Smith also stated that the applicant as an infill project is requesting for a deviation of 15ft of dedicated additional right of way. The additional l Oft to meet the City standard of 25ft would not allow for this project to meet its parking standards. Development Services Manager Sean Harris stated that this application had been reviewed by City Staff and appears to meet the standards of Titles 16, 17 and 18 of City Code, and recommended approval with the deviation request. Mr. Harris also stated that the 15ft of right of way would allow for a future turn lane and needed road way improvements for future projects. Councilmember Evans motioned for approval of the Playhouse Subdivision Short Plat, and to grant the applicant a deviation from 25ft to 15ft of additional right of way. Councilmember Hernandez seconded motion for approval. Roll Call: Evans -yes, Lewis -yes, Hernandez -yes, Heiner -yes, motion passed. 7. Approval of Requests for Funding for FY2021. (Council will discuss funding requests). Councilmember Heiner motioned for approval of funding request for FY2021 from Family Service Alliance as requested. Councilmember Lewis seconded motion for approval. Roll Call: Lewis -yes, Hernandez -yes, Heiner -yes, Evans -yes, motion passed. 8. Approval of Items for Auction & Disposal. (Council will discuss City property for auction and disposal). Councilmember Heiner motioned for approval of items for auction and disposal. Councilmember Lewis seconded motion for approval. Roll Call: Hernandez -yes, Heiner -yes, Evans -yes, Lewis -yes, motion passed. 9. Acceptance of New City Hall Landscaping Bid. (Council will discuss and award landscaping bids). Public Works Director Rodney Burch presented bids for the City Hall landscaping project. Mr. Burch stated that the low bidder was All American Yards, and reconunended awarding this bid to All American Yards. Councilmember Heiner motioned to accept the bid from CM Company in the amount of $208,042 from All American Yards for the City Hall landscaping Project. Councilmember Evans seconded motion for approval. Roll Call: Evans -yes, Hernandez -yes, Lewis -yes, Heiner -yes, motion passed. 10. Acceptance of Downtown Development/Streets Landscaping Bid. (Action Item). (Council will discuss and award landscaping bids). Public Works Director Rodney Burch presented bids for the Downtown landscaping project. Mr. Burch stated that the low bidder was All American Yards, and recommended awarding this bid to All American Yards. Funding for this project was approved by the Chubbuck Development Authority at their March 16, 2021 board meeting. Councilmember Heiner motioned to accept the bid from CM Company in the amount of $172,977 from All American Yards for the Downtown/Streets Landscaping Project. Councilmember Evans seconded motion for approval. Roll Call: Hernandez -yes, Lewis -yes, Heiner -yes, Evans -yes, motion passed. 11. Motion to enter into an Executive Session in accordance with Idaho Code 74-206 (1)(c) & (1)(f): "To acquire an interest in real property which is not owned by a public agency. " & " To communicate with legal counsel for the public agency to discuss the legal ramifications of and legal options for pending litigation, or controversies not yet being litigated but imminently likely to be litigated." Councilmember Lewis motioned to enter into an executive session. Councilmember Hernandez seconded motion to enter into executive session. Roll Call: Heiner -yes, Evans -yes, Hernandez -yes, Lewis -yes, motion passed. Councilmember Heiner motioned to exit the executive session. Councilmember Hernandez seconded motion to exit executive session. Roll Call: Evans -yes, Hernandez -yes, Lewis -yes, Heiner -yes, motion passed. 12. Approval of the Use of a Possession Agreement to Acquire an Interest in Real Property. (Council will discuss acquiring real property through a possession agreement). Councilmember Lewis motioned to allow the City representative the use of a possession agreement to acquire an interest in real property at the City's appraised values of real property. Councilmember Hernandez seconded motion. Roll Call: Hernandez -yes, Lewis -yes, Heiner -yes, Evans -yes, motion passed. 13. Approval of the Final Right of Way Acquisition contracts. (Council will discuss right of way negotiations and acquisition contracts). Councilmember Heiner motioned to reject the counter offer to acquire an interest in real property and for the City representative to continue negations to acquire an interest in real property. Councilmember Evans seconded motion. Roll Call: Hernandez -yes, Lewis -yes, Heiner -yes, Evans -yes, motion passed. 14. Acceptance of New Day Parkway -Phase 3 Roadway Construction Bid. (Council will discuss and award roadway construction bids). Public Works Director Rodney Burch presented bids for the New Day Parkway -Phase 3 Roadway Construction Bid. Mr. Burch stated that the low bidder was Idaho Materials and Construction, and recommended awarding this bid to Idaho Materials and Construction. Funding for this project was approved by the Chubbuck Development Authority at their March 16, 2021 board meeting. Councilmember Lewis motioned to accept the bid in the amount of $1,961,428 from Idaho Materials and Construction for the New Day Parkway -Phase 3 Roadway Project. Councilmember Hernandez seconded motion for approval. Roll Call: Evans -yes, Lewis -yes, Hernandez -yes, Heiner -yes, motion passed. 15. Acceptance of New Day Parkway -Phase 3 Landscaping Bid. (Council will discuss and award landscaping bids). Public Works Director Rodney Burch presented bids for the New Day Parkway -Phase 3 Landscaping Bid, Mr. Burch stated that the low bidder was Seasons West, and recommended awarding this bid to Seasons West. Funding for this project was approved by the Chubbuck Development Authority at their March 16, 2021 board meeting. Councilmember Lewis motioned to accept the bid in the amount of $216,800 from Seasons West for the New Day Parkway -Phase 3 Landscaping Project. Councilmember Heiner seconded motion for approval. Roll Call: Lewis -yes, Hernandez -yes, Heiner -yes, Evans -yes, motion passed. CLAIMS: 1. City ofChubbuck claims for March 17, 2021 as presented to Mayor England and Council. Councilmember Lewis motioned to approve the City of Chubbuck Claims as presented. Councilmember Hernandez seconded motion for approval. Roll Call: Hemandez-yes, Heiner -yes, Evans -yes, Lewis -yes, motion passed. An.rouRN: Mayor Kevin England adjourned at 7:08. This meeting was available to the public electronically and by phone. In-person attendance was allowed, but strict social distancing measures were in place. Via Zoom Teleconferencing: Meeting ID: 819 9079 6974 ;Joe ity erk Kevin Englan ayor