HomeMy WebLinkAbout08 18 2021 CMCITY OF CHUBBUCK
COUNCIL MEETING MINUTES
AUGUST 18, 2021— 6:00PM
LOCATED AT
CHUBBUCK CITY HALL
290 EAST LINDEN.
CALL TO ORDER: Mayor England.
PLEDGE ALLEGIANCE TO THE FLAG: Councilmember Heiner
COUNCIL PRESENT: Roger Hernandez, Ryan Lewis, Dan Heiner, and Melanie Evans.
STAFF MEMBERS PRESENT: Mayor Kevin England, City Attorney Tom Holmes, Public Works
Director Rodney Burch, Planning & Development Director Devin Hillam, Police Chief Bill
Guiberson, Fire Chief Merlin Miller, Planning Manager Don Matson, City Engineer Bridger
Morrison, Human Resource Director Scott Gummersall, City Treasurer Rich Morgan, and City
Clerk Joey Bowers
APPROVAL OF MINUTES: August 4, 2021.
Councilmember Evans motioned for approval of the Study Session and Council Meeting minutes.
Councilmember Heiner seconded motion for approval of minutes.
Roll Call: Hernandez -yes, Evans -yes, Heiner -yes, Lewis -yes, motion passed.
PUBLIC HEARING:
1. A proposal by City Staff to update an existing chapter of City Code, 18.13 Wireless Telecommunication
Facilities; renaming the chapter Wireless Communication Facilities and renaming several sections within the
chapter, updating the purpose and policy statements, adding and updating definitions applying to wireless
communications; updating eligible exemptions from the chapter, revising the section on collocation to
include modifications and 5G network features; adding a new section on collocation and sharing of towers
and separation distances for new towers; revising the section on required permits to meet updated federal
standards; creating a revised section on types of permits by type of facility and land use district; adding a
section for Permit Review Time Requirements to meet updated federal standards; revising the section on
inspection requirements to focus on maintenance; revising the section on nonuse and abandonment to
include abatement; and various other minor and technical changes to the chapter. Following a public
hearing on May 11, 2021 the City of Chubbuck Land Use and Development Commission recommended
approval.
Planning Manager Don Matson gave an update to the Council about potential
amendments to City Code 18.13 Wireless Telecommunications Facilities. The placement,
appearance and height of wireless telecommunication facilities are regulated by federal,
state and local laws. Federal codes limit the City's jurisdiction over some aspects of the
facilities, as long as a proposed facility is complying with regulations provided by the
Federal Communications Commission (FCC).
Mayor England opened the public hearing. There being no comment, Mayor England closed the
public hearing.
GENERAL BUSINESS:
1. The Swearing in of Chubbuck Police Officers.
Chief Bill Guiberson presented Officer Morgan Anderson, and Officer Nathan
Robertson. Officers Anderson and Robertson were sworn in by Mayor England and then
had their badges pinned on by family members.
2. Approval of Replacing Chapter 18.13 Wireless Telecommunication Facilities.
(Council will discuss replacing chapter 78.73 of city code).
Councilmember Heiner motioned for approval of replacing chapter 18.13 wireless
telecommunication facilities as presented.
Councilmember Hernandez seconded motion for approval.
Roll Call: Evans -yes, Heiner -yes, Lewis -yes, Hernandez -yes, motion passed.
3. Review and Possible Approval of Zone Change from Agriculture (A) to General
Commercial (C-2) generally located off of Knudsen BLVD and Hawthorne Rd.
(Council will discuss a change in land use from Agriculture (A) to General Commercial (C-2)).
Planning Manager Don Matson presented an application for a Change in Land Use
District from Agriculture (A) to Commercial General (C-2) on approximately 8 acres of land.
Matson 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,
conditional on a final recorded platted parcel.
Applicant Chris Miller presented an application for a Change in Land Use District from
Agriculture (A) to Commercial General (C-2) on approximately 8 acres of land to build a
multi -family development.
Councilmember Lewis motioned for approval of a zone change from Agriculture (A) to General
Commercial (C-2) as presented, conditional upon an updated final recorded legal description.
Councilmember Heiner seconded motion for approval.
Roll Call: Hernandez -yes, Lewis -yes, Heiner -yes, Evans -yes, motion passed.
4. 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).
Patrick Davis legal counsel for McCormick Ranch stated that Idaho Code 50-225
allows the City Council to exclude a portion of territory from the city limits.
Councilmember Lewis motioned for approval of the de -annexation agreement for properties
adjacent to Fairgrounds Road as presented.
Councilmember Hernandez seconded motion for approval.
Roll Call: Hernandez -yes, Lewis -yes, Heiner -yes, Evans -yes, motion passed.
5. Review and Possible Approval of a Vendor License for Public Space.
(Council will discuss approving a vendor license for a food truck round up on city property).
City Clerk Joey Bowers stated that City Staff is currently working on a policy to allow
businesses to setup a temporary location at a City Park or public space and the guidelines
associated with that license as directed by the City Council. The City had received an
application for a temporary vendor license to do a food truck round up along the streets
surrounding City Hall. City Code 10.08.020D requires council approval.
Councilmember Evans asked how this application was different from other
applications that had requested a temporary vendor license at Cotant Park.
Councilmember Lewis felt like this application differed from the Cotant Park
applications due to the fact that the Cotant Park applications would have blocked
sidewalks for months and required the use of City power. The current application for a
food truck round up would not block sidewalks and would vacate the area within hours,
and not need to access City power.
The Council would like to have an updated City Code that would allow a businesses to
setup a temporary location at a City Park or public space and the guidelines associated
with that license as soon as possible.
Councilmember Lewis motioned under City Code 10.08.20D to authorize the chief of police to
close the public thoroughfares or parking lots as requested under a temporary vendor license to
do a food truck round up along Kinport Crossing on every Friday for the month of September.
Councilmember Evans seconded motion for approval.
Roll Call: Lewis -yes, Evans -yes, Hernandez -yes, Heiner -yes, motion passed.
6. Adoption of Ordinance 834 Appropriations for FY2022.
(Council will discuss the adoption of a budget for FY2027).
City Treasurer Rich Morgan presented a proposed budget for FY21. Mr. Morgan
stated that City Staff recommended taking the available 3% increase as allowed by state
code and an additional $66,865 of available forgone to fund human resources and to go
towards a second fire station.
Councilmember Lewis motioned for the waiver of three readings, including the reading of one
time in full for Ordinance 834.
Councilmember Hernandez seconded motion for waiver.
Roll Call: Evans -yes, Hernandez -yes, Heiner -yes, Lewis -yes, motion passed.
Councilmember Lewis motioned for adoption of Ordinance 834.
Councilmember Evans seconded motion for adoption.
Roll Call: Hernandez -yes, Heiner -yes, Lewis -yes, Evans -yes, motion passed.
7. Adoption of Resolution 2021-07 Accrue Forgone Property Taxes.
(Council will discuss the intent and purpose of collecting forgone taxes.)
City Treasurer Rich Morgan presented a resolution that is required by state law to
accrue property taxes that was available for FY2022. This will allow the City to access
this forgone property tax in the future.
Councilmember Lewis motioned for adoption of Resolution 2021-07.
Councilmember Heiner seconded motion for adoption.
Roll Call: Heiner -yes, Lewis -yes, Evans -yes, Hernandez -yes, motion passed.
CLAIMS:
City of Chubbuck claims for August 18, 2021 as presented to Mayor England and
Council.
Councilmember Heiner motioned to approve the City of Chubbuck Claims as presented.
Councilmember Hernandez seconded motion for approval.
Roll Call: Lewis -yes, Evans -yes, Hernandez -yes, Heiner -yes, motion passed.
GENERAL ANNOUNCEMENTS: City Hall Ribbon Cutting will be September 14, 2021 at 3:15pm.
ADJOURN: Mayor Kevin England adjourned at 7:16.
This meeting was available to the public electronically and by phone.
Via Zoom Teleconferencing: Meeting ID: 845 7901 1287
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Kevin England -Ma r