HomeMy WebLinkAbout05 19 2021 CMCITY OF CHUBBUCK
COUNCIL MEETING AGENDA
MAY 19, 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: Dan Heiner, Melanie Evans, Roger Hernandez, 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, Human Resource
Director Scott Gummersall, Planning and Development Director Devin Hillam, City Treasurer
Rich Morgan, and City Clerk Joey Bowers.
APPROVAL OF MINUTES: May 5, 2021.
Councilmember Heiner motioned for approval of the Study Session and Council Meeting minutes.
Councilmember Hernandez seconded motion for approval of minutes.
Roll Call: Heiner -yes, Evans -yes, Hernandez -yes, Lewis -yes, motion passed.
PUBLIC HEARING:
1. A proposal by city staff to replace existing Chapter 18.28 Administration of the Land Use Ordinance with a
rewritten chapter 18.28 Administration, setting forth a new scope, procedures, requirements, and review
and approval criteria for conditional use permits, variances, comprehensive plan amendments, title text
and map amendments, annexations, appeals of administrative and land use and development commission
decisions, and for requests for reconsideration of City Council decisions. Following public hearing on April 13,
2021, the City of Chubbuck Land Use and Development Commissions recommended approval.
Planning and Development Director Devin Hiilam presented some inconsistences in
City Code and these proposed solutions would align City Code more closely with Idaho
Code's Local Land Use Planning Act (LLUPA). These inconsistences include variances,
public hearings, conditional use permits, and rezones. Idaho Code for variances requires
notification to adjacent property owners, whereas City Code requires notification to all
property owners within 300ft. Idaho code also only requires one public hearing for most
land use applications. Idaho Code also requires a process to request a reconsideration
before a decision goes to district court. City Code currently does not have a set process
for an applicant to request a decision reconsideration. City Code also does not address
items to consider when approving a rezone, text amendment, annexation, and a
comprehensive plan. City Staff recommended adding as a consideration factor for an
annexation application; that the income generated by property taxes would exceed long
term cost to the City, associated with maintenance, provision of services, and facilities,
and that the advantages for both the City and applicant outweigh the disadvantages.
Mayor England opened the public hearing. Being no comment, Mayor England closed the public hearing.
GENERAL BUSINESS:
1. Approval of Replacing Chapter 18.28 Administration of Land Use.
(Council will discuss replacing chapter 18.28 of city code).
Councilmember Hernandez motioned for approval of replacing chapter 18.28 administration of
Land Use as presented.
Councilmember Evans seconded motion for approval.
Roll Call: Evans -yes, Hernandez -yes, Lewis -yes, Heiner -yes, motion passed.
2. Approval of the City/Chubbuck Development Authority (CDA) 1992 Plan Agreement.
(Council will review the City/CDA project development agreement for the 1992 plan).
CDA Executive Director Devin Hillam presented an agreement for the 1992
Chubbuck Downtown improvement projects between the City and the Chubbuck
Development Authority (CDA).
Councilmember Heiner motioned for approval of the 1992 plan agreement between the City and
the CDA, and to authorize the mayor to sign the agreement as presented.
Councilmember Hernandez seconded motion for approval.
Roll Call: Hernandez -yes, Lewis -yes, Heiner -yes, Evans -yes, motion passed.
3. 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: Lewis -yes, Heiner -yes, Evans -yes, Hernandez -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, Heiner -yes, Lewis -yes, motion passed.
4. Adoption of Resolution 2021-05 Authorize Condemnation of Real Property.
(Council will discuss the condemnation of real property for right of way acquisition).
Councilmember Lewis motioned to adopt Resolution 2021-05.
Councilmember Evans seconded motion for adoption.
Roll Call: Hernandez -yes, Heiner -yes, Lewis -yes, Evans -yes, motion passed.
CLAIMS:
City of Chubbuck claims for May 19, 2021 as presented to Mayor England and
Council.
Councilmember Lewis motioned to approve the City of Cbubbuck Claims as presented.
Councilmember Heiner seconded motion for approval.
Roll Call: Heiner -yes, Lewis -yes, Evans -yes, Hernandez -yes, motion passed.
GENERAL ANNOUNCEMENTS: July 1, 2021 new City Hall open house.
ADJOURN: Mayor Kevin England adjourned at 6:26.
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: 883 2428 0187
J - r�yClerk
Kevin England -Mayor