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Home My WebLink About07 21 2021 CMCITY OF CHUBBUCK COUNCIL MEETING MINUTES JULY 21, 2021 — 6:00PM LOCATED AT CHUBBUCK CITY HALL 5160 YELLOWSTONE AVE. CALL TO ORDER: Mayor England. PLEDGE ALLEGIANCE TO THE FLAG: Councilmember Lewis 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, Development Services Manager Sean Harris, Planning and Development Director Devin Hillam, Human Resource Director Scott Gummersall, City Treasurer Rich Morgan, and City Clerk Joey Bowers. APPROVAL OF MINUTES: July 7, 2021. Councilmember Evans motioned for approval of the Study Session and Council Meeting minutes. Councilmember Heiner seconded motion for approval of minutes. Roll Call: Heiner -yes, Evans -yes, Hernandez -yes, Lewis -yes, motion passed. GENERAL BUSINESS: 1. Discussion on the Statutory Framework Governing the Decision -Making Process in Idaho. Planning and Development Director Devin Hillam went over the statutory framework governing Legislative and Quasi -Judicial decisions in Idaho. 2. Council will Review the Rezone Request for 345 W Siphon Rd and will Review and Approve a Findings of Fact and Conclusions of Law, and may Approve Adoption of Ordinance 831 Changing the Land Use District from Limited Residential (R-2) to Commercial (C-1). (Council will discuss a change in land use from Residential (R-2) to Commercial (C-1)). Councilmember Lewis stated that he had seen the applicant's deed for the property which will be factored into his decision. Councilmember Evans was concerned about the impact this application could have on the surrounding residential properties. Planning and Development Director Devin Hillam stated that majority of businesses would need to apply for a conditional use permit for approval by the Land Use and Development Commission, which would also require a public hearing for the Commission to receive public comment. Councilmember Heiner motioned for approval of the findings, facts, and conclusions of law as presented, and approval of zone change from Limited Residential (R-2) to Commercial (C-1). Councilmember Hernandez seconded motion for approval. Roll Call: Evans -no, Hernandez -yes, Heiner -yes, Lewis -yes, motion passed. Councilmember Hernandez motioned for the waiver of three readings, including the reading of one time in full for Ordinance 831. Councilmember Heiner seconded motion for waiver. Roll Call: Hernandez -yes, Lewis -yes, Heiner -yes, Evans -yes, motion passed. Councilmember Heiner motioned for adoption of Ordinance 831. Councilmember Lewis seconded motion for adoption. Roll Call: Lewis -yes, Heiner -yes, Evans -no, Hernandez -yes, motion passed. 3. Adoption of Ordinance 833 Zone Change from Limited Residential (R-2) to Commercial (C-2). (Council will discuss a change in land use from Residential (R-2) to Commercial (C-2)). Councilmember Heiner motioned for the waiver of three readings, including the reading of one time in full for Ordinance 833. Councilmember Hernandez seconded motion for waiver. Roll Call: Evans -yes, Hernandez -yes, Heiner -yes, Lewis -yes, motion passed. Councilmember Evans motioned for adoption of Ordinance 833. Councilmember Heiner seconded motion for adoption. Roll Call: Hernandez -yes, Heiner -yes, Lewis -yes, Evans -yes, motion passed. 4. Approval of the Villas at Northside Crossing Building 2, 3 and 4 Short Plat. (Council will discuss the application and if it meets City code). Applicant Lyn Yost presented a five residential lot subdivision. 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 waiver and conditions. Councilmember Lewis motioned for approval of The Villas at Northside Crossing Building 2, 3 and 4 Short Plat as presented. Councilmember Hernandez seconded motion for approval. Roll Call: Heiner -yes, Lewis -yes, Evans -yes, Hernandez -yes, motion passed. 5. Approval of Linden Townhomes Preliminary Plat. (Council will discuss the application and if it meets City code). Connor Erb, HLE Construction, represented the applicant. Mr. Erb presented an application to build 4-plex apartments on approximately 2.05 acres of land that is currently zoned as General Commercial (C-2). Mr. Erb also stated that the applicant had been working directly with the neighbors to address any concerns. Councilmember Lewis asked about the amenity that would be installed in the play area as required by the approved conditional use permit for this development. Mr. Erb stated that the applicant currently had not made a decision on the provided amenity for this development. 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 Linden Townhomes Preliminary Plat as presented. Councilmember Hernandez seconded motion for approval. Roll Call: Lewis -yes, Evans -yes, Hernandez -yes, Heiner -yes, motion passed. 6. Approval of Yellowstone Village Preliminary Plat. (Council will discuss the application and if it meets City code). Crystal Shanda represented the applicant. Mrs. Shanda presented an application to build 13 4plex multifamily residential buildings with access off of Briscoe Road. This development will also include a privacy fence surrounding the perimeter of the development. 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 Hernandez motioned for approval of the Yellowstone Village Preliminary Plat as presented, conditional upon secondary irrigation. Councilmember Evans seconded motion for approval. Roll Call: Hernandez -yes, Evans -yes, Heiner -yes, Lewis -yes, motion passed. 7. Council will Review and may approve the De -annexation Agreement for Properties Adjacent to Fairgrounds Road. (Council will discuss the application and if it meets City code). Mayor England presented a draft de -annexation agreement for properties adjacent to Fairgrounds Road to be considered for approval by the Council. Councilmember Lewis stated that the Council did approve the drafting and consideration of a de -annexation agreement between the City of Chubbuck and the property owners at their July 7, 2021 Council Meeting. Councilmember Lewis felt like there was still too many questions that needed to be addressed by both the applicant and City Staff before the Council could make an informed decision. The Council asked for this item of business to be placed on a future study session for more information and further discussion. 8. Review and Possible Decision on a Utility Service Agreement with North Bannock Fire District. (Council will discuss a utility service agreement with North Bannock Fire District). Mayor England stated that he had been working with the North Bannock Fire District on accessing the City's fire hydrants as a utility service agreement. 9. Discussion on the New City Hall Lobby Hours. (Council will discuss the lobby hours at the new city hall). Mayor England stated that he had received concerns from residents about not offering extended hours for residents to have access to City Hall. Councilmember Lewis stated that this decision was the Mayor's decision and not a City Council decision. Mayor England committed to work with all the departments to come up with the most efficient hours to meet the needs of the residents. CLAIMS: City of Chubbuck claims for July 21, 2021 as presented to Mayor England and Council. Councilmember Evans motioned to approve the City of Chubbuck Claims as presented. Councilmember Hernandez seconded motion for approval. Roll Call: Lewis -yes, Hernandez -yes, Evans -yes, Heiner -yes, motion passed. ADJOURN: Mayor Kevin England adjourned at 7:13. This meeting was available to the public electronically and by phone. Via Zoom Teleconferencing: Meeting ID: 878 3670 1742 Kevin England-Pyoi