HomeMy WebLinkAbout07 07 2021 CMCITY OF CHUBBUCK
COUNCIL MEETING MINUTES
JULY 7, 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: Ryan Lewis, Dan Heiner, Melanie Evans, and Roger Hernandez.
STAFF MEMBERS PRESENT: Mayor Kevin England, City Attorney Tom Holmes, Public Works
Director Rodney Burch, Police Chief Bill Guiberson, Fire Chief Merlin Miller, Planning
Manager Don Matson, Development Services Manager Sean Harris, Planning and Development
Director Devin Hillam, City Treasurer Rich Morgan, and City Clerk Joey Bowers.
APPROVAL OF MINUTES: June 30, 2 02 1.
Councilmember Evans motioned for approval of the Council Meeting minutes.
Councilmember Hernandez seconded motion for approval of minutes.
Roll Call: Evans -yes, Hernandez -yes, Lewis -yes, Heiner -yes, motion passed.
PUBLIC HEARING:
1. An application for a Change in Land Use District from Limited Residential (R-2) to Commercial General (C-2) on
approximately .25 acres of land. Subject property is in the NE % of the NW Y of Section 3, Township 6 South,
Range 34 East of the Boise Meridian, Idaho, and is part of a larger parcel generally located west of
Yellowstone Ave and north of Briscoe Road in Chubbuck, Idaho. The Comprehensive Plan f=uture Land Use
map designates this area as Medium Density Residential, with the bulk of the property designated as
Commercial. Following a public hearing on June 8, 2021, the City of Chubbuck Land Use and Development
Commission recommended approval.
Planning Manager Don Matson presented an application for a Change in Land Use
District from Limited Residential (R-2) to Commercial General (C-2) on approximately .25
acres of land. Mr. Matson stated that this application had been reviewed by City Staff and
appears to meet the standards of Titles 16, 17 and IS of City Code, and recommended
approval.
Crystal Shanda represented the applicant. Mrs. Shanda stated that this application was
to match the zoning on a small parcel of land to the rest of the property.
Mayor England opened the public hearing. There being no comment, Mayor England closed the
public hearing.
PUBLIC COMMENT:
1. An application for the De -Annexation of 3 properties from the City of Chubbuck City Limits, and into the
jurisdiction of Bannock County. (Bannock County parcel numbers RCCPC037318, RCCPC037302, and
RCBVS000200) Approx. 45 acres, generally located east of 1-15, south of Chubbuck Rd, and west of
Fairgrounds Road.
Planning and Development Director Devin Hillam presented that the planning
department had received a de -annexation request from McCormick Ranch. The requested
property is located on the east side of the City of Chubbuck along what is currently
Fairgrounds Road. The property owner has requested de -annexation due to the fact that
the City of Chubbuck currently cannot provide the needed utilities to develop this land in
the future.
Rod Furniss represented McCormick Ranch. Mr. Furniss stated that they didn't have
any current plans for this property, but could eventually see it being developed as mixed
use multifamily residential and limited commercial.
Councilmember Lewis was concerned that if the City de -annexed this property
without any current plans that it would remain in the County and not be annexed into the
City of Pocatello. Councilmember Lewis also asked if the applicant had talked to the City
of Pocatello about its ability to provide services. Mr. Furniss stated that he had already
submitted an application for annexation into the City of Pocatello but the City of
Pocatello cannot move forward with that application until this property is de -annexed
from the City of Chubbuck. Mr. Furniss has talked to the City of Pocatello about
providing services to this property and the City of Pocatello has stated that they have the
water and sewer already available for this property to be developed in the City of
Pocatello. Mr. Funiss also stated that he will need to install a lift station on the north cast
corner of his property.
Attorney Tom Holmes recommended entering into an agreement with the applicant
that would require the applicant to annex into the City of Pocatello and would not allow
this property to be developed under Bannock County.
Mayor England opened the public comment.
Patrick Davis legal counsel for McCormick Ranch recommended moving forward
with the de -annexation so his client could move forward with his application to be
annexed into the City of Pocatello. Mr. Davis felt like the costs associated for the City of
Chubbuck to provide services to this property wouldn't make it feasible for the City of
Chubbuck.
There being no more comment, Mayor England closed the public comment.
GENERAL BUSINESS:
Review and Possible Decision of Zone Change from Limited Residential (R-2) to
General Commercial (C-2).
(Council will discuss a change in land use from Limited Residential (R-2) to General Commercial (C-2)).
Councilmember Lewis motioned for approval of a zone change from Limited Residential (R-2)
to General Commercial (C-2) as presented.
Councilmember Evans seconded motion for approval.
Roll Call: Hernandez -yes, Lewis -yes, Heiner -yes, Evans -yes, motion passed.
2. Review and Possible Decision of De -Annexation Request on Fairgrounds Road.
(Council will discuss the application and if it meets City code).
Councilmember Lewis motioned to authorize the drafting of a de -annexation agreement that
would condition de -annexation on being annexed into the City of Pocatello and being developed
under the City of Pocatello building standards.
Councilmember Hernandez seconded motion for approval.
Roll Call: Lewis -yes, Heiner -yes, Evans -yes, Hernandez -yes, motion passed.
3. Approval of Brookstone Estates Div. 9 Final Plat.
(Council will discuss the application and if it meets City code).
Brady Smith, RMES, represented the applicant. Mr. Smith presented a 14 residential
lot subdivision. The final recorded plat will have a street name change to Lambert Circle.
Development 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 Evans motioned for approval of the Brookstone Estates Final Plat, conditional
upon construction plans/drawings to be accepted by the City Engineer.
Councilmember Heiner seconded motion for approval.
Roll Call: Heiner -yes, Evans -yes, Hernandez -yes, Lewis -yes, motion passed.
4. Approval of Academy Acres Div. 1 Final Plat.
(Council will discuss the application and if it meets City code).
Brady Smith, RMES, represented the applicant. Mr. Smith presented a 36 residential
lot subdivision. Mr. Smith also presented that this development will be working with
Connor Academy to make the final connection of Alpine Avenue from Philbin Rd. to
Hawthorne Road, and Galena Rd. north to Chubbuck Rd.
Development 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 Heiner motioned for approval of the Academy Acres Div. 1 Final Plat,
conditional upon construction plans/drawings to be accepted by the City Engineer.
Councilmember Evans seconded motion for approval.
Roll Call: Hernandez -yes, Lewis -yes, Evans -yes, Heiner -yes, motion passed.
5. Review and Possible Decision on Westfield Estates Master Plan.
(Council will discuss the application and if it meets City code).
The Council directed City Staff to work with Bannock County to allow this
application to move forward as presented during the July 7, 2021 Council Study Session.
b. Review and Possible Decision on Zone Change from Limited Residential (R-2) to
Commercial (C-1) generally located at 345 W. Siphon Road.
(Council will discuss a change in land use from Residential (R-2) to Commercial (C-1)).
Attorney Torn Holmes recommended that the City needed to not get caught in the
middle of a boundary dispute. Only the applicant and the neighbors can solve that dispute
or it needs to go to court for a judge to decide. If the City gets involved, including
delaying this application pending the resolution of the boundary issue, it ends up right in
the middle, and the City has no jurisdiction to make that decision. The applicant has a
deed to the property with a current legal description. If the surrounding properties end up
with the property in question the zone change ordinance could be amended to correct the
legal description.
Councilmember Evans after receiving correspondence from some of the surrounding
neighbors asked Greg Murphy and Arianne Despain for additional comment on this
application.
Greg Murphy at 5592 Stuart Avenue, wanted to change his position from neutral to
opposed for this application. Mr. Murphy also stated that he was unable to finalize an
agreement to purchase the land in question from Mr. Cervantes. Mr. Murphy was also
concerned with Mr. Cervantes plans for this property and had no objection for the current
proposed preschool to apply for a condition use permit to do business under the current
zoning for this property. Mr. Murphy asked for this property dispute to be finalized
before a zone change so that a portion of his property would not be designated as
commercial.
Arianne Despain at 5590 Stuart Avenue, wanted to change her position from neutral
to opposed for this application. Mrs. Despain also stated that she was unable to finalize
an agreement to purchase the land in question from Mr. Cervantes. Mrs. Despain was
also concerned with Mr. Cervantes plans for this property and had no objection for the
current proposed preschool to apply for a condition use permit to do business under the
current zoning for this property. Mrs. Despain asked for this property dispute to be
finalized before a zone change so that a portion of her property would not be designated
as commercial.
Councilmember Lewis asked both of the surrounding neighbors if they intended on
filing a lawsuit against Mr. Cervantes to resolve this issues. Both Mr. Murphy and Mrs.
Despain stated that they did not have any current intentions to file a lawsuit but Mr.
Cervantes had stated the he had intentions to file a lawsuit against them.
Applicant Jose Cervantes presented an application for a Change in Land Use District
from Limited Residential (R-2) to Limited Commercial (C-1) on approximately 1.09 acres of
land. Mr. Cervantes stated that he would like to use the vacant building formerly known as
Hatch's House of Dolls as a rental space for a preschool. Mr. Cervantes had no intentions
to sell a portion of his land, Mr. Murphy and Mrs. Despain approached him and asked to
purchase a portion of his land.
Councilmember Evans motioned to table a possible decision on a zone change from limited
residential (R-2) to commercial (C-1) generally located at 345 W. Siphon Road until the July 21,
2021 council meeting for further discussion and to gather more information.
Councilmember Hernandez seconded motion for approval.
Roll Call; Evans -yes, Heiner -yes, Hernandez -yes, Lewis -yes, motion passed.
7. Acceptance of Offer of Dedication for The Falls.
(Council will discuss if all city requirements have been inspected and completed).
Development Manager Sean Harris stated that all city requirements had been
completed and recommend approval.
Councilmembcr Lewis motioned for acceptance of offer of dedication for The Falls.
Councilmember Hernandez seconded motion for acceptance.
Roll Call: Evans -yes, Heiner -yes, Hernandez -yes, Lewis -yes, motion passed.
S. Acceptance of Offer of Dedication for Patriot Square Lot 1 Replat.
(Council will discuss if all city requirements have been Inspected and completed).
Development Manager Sean Harris stated that all city requirements had been
completed and recommend approval.
Councilmember Heiner motioned for acceptance of offer of dedication for Patriot Square Lot 1 Replat.
Councilmember Lewis seconded motion for acceptance.
Roll Call: Lewis -yes, Hernandez -yes, Evans -yes, Heiner -yes, motion passed.
9. Acceptance of Offer of Dedication for Sawtooth Ridge.
(Council will discuss if all city requirements have been inspected and completed).
Development Manager Sean Harris stated that all city requirements had been
completed and recommend approval.
Councilmember Heiner motioned for acceptance of offer of dedication for Sawtooth Ridge.
Councilmember Hernandez seconded motion for acceptance.
Roll Call: Hernandez -yes, Evans -yes, Heiner -yes, Lewis -yes, motion passed.
10. Approval of Items for Auction & Disposal.
(Council will discuss City property for auction and disposal).
City Clerk Joey Bowers presented items for auction.
The Council decided to move this item of business to a future study session for further
discussion and to see the needs for the new City Hall.
11. Adopt Tentative Budget for Fiscal Year 2022.
(Council will discuss the adoption of a tentative budget for 2022).
City Treasurer Rich Morgan presented the tentative budget to the Council and
reminded the Council of the process for adopting the budget. The total tentative budget
was set at 17.8 million dollars.
Councilmember Heiner motioned for approval of the preliminary tentative budget.
Councilmember Hernandez seconded motion for approval.
Roll Call Vote: Heiner -yes, Lewis -yes, Hernandez -yes, Evans -yes, motion passed.
CLAIMS:
1. City of Chubbuck claims for July 7, 2021 as presented to Mayor England and
Council.
Councilmember Lewis motioned to approve the City of Chubbuck Claims as presented.
Councilmember Heiner seconded motion for approval.
Roll Call: Lewis -yes, Heiner -yes, Evans -yes, Hernandez -yes, motion passed.
ADJOURN: Mayor Kevin England adjourned at 8:15,
This meeting was available to the public electronically and by phone.
Via Zoom Teleconferencing: Meeting ID: 834 7689 2291
Owers -City Clerk
Kevin Englan -Mayor