HomeMy WebLinkAbout05 18 2022 CM1 0 H H 0
City of Chubbuck
Council Meeting Minutes
May 18, 2022
6:00 PM
City Hall Council Chambers
290 East Linden, Chubbuck, ID 83202
CALL TO ORDER: Mayor England.
PLEDGE ALLEGIANCE TO THE FLAG: Mayor England
COUNCIL PRESENT: Dan Heiner, Norman Reece, and Roger Hernandez.
STAFF MEMBERS PRESENT: Mayor Kevin England, City Attorney Ryan Lewis, Interim Public
Works Director Bridger Morrison, Planning & Development Director Devin Hillam, Planning
Manager Don Matson, Development Services Manager Sean Harris, Lieutenant Steve Young,
Fire Chief Merlin Miller, City Treasurer Rich Morgan, and City Clerk Joey Bowers.
Mayor England excused Councilmember Melanie Evans from the meeting.
APPROVAL OF MINUTES: May 4, 2022.
Councilmember Reece motioned for approval of the Council Meeting minutes.
Councilmember Heiner seconded motion for approval of minutes.
Roll Call: Heiner -yes, Reece -yes, Hernandez -yes, motion passed.
GENERAL BUSINESS:
1. Approval of Yellowstone Commons Div. 2 Preliminary Plat and the findings, facts
and conclusions of law. (Council will discuss the application and if it meets City code).
Logan Johnson with Wright Development Group, represented the applicant. Mr.
Johnson presented four 3 -story buildings for a total of 200 apartments. The project
will also include a community clubhouse. Mr. Johnson stated that the height of these
buildings will be 49ft which is allowable under city code. Mr. Johnson presented a
traffic study for this area and stated that this project will impact/increase traffic. The
traffic study shows that this development will not have a negative impact or
significantly alter existing traffic patterns.
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 Heiner motioned to approve Yellowstone Commons Div. 2 Preliminary Plat as
presented, including the findings, facts and conclusions of law as presented by City Staff.
Councilmember Hernandez seconded motion for approval.
Roll Call: Reece -yes, Hernandez -yes, Heiner -yes, motion passed.
2. Approval of Yellowstone Commons Div. 2 Final Plat and the findings, facts and
conclusions of law. (Council will discuss the application and if it meets City code).
Logan Johnson with Wright Development Group, represented the applicant.
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 conditions.
Councilmember Reece motioned to approve Yellowstone Commons Div. 2 Final Plat as
presented, including the findings, facts and conclusions of law as presented by City Staff, and
conditional upon construction plans/drawings be accepted by development services.
Councilmember Heiner seconded motion for approval.
Roll Call: Hernandez -yes, Heiner -yes, Reece -yes, motion passed.
3. Approval of Pine Ridge Landing Preliminary Plat and the findings, facts and
conclusions of law. (Council will discuss the application and if it meets City code).
Johnathan Vincent from Gate City Builders represented the applicant. Mr. Vincent
presented a 19 lot Preliminary Plat for 18 multi -family residential building lots and 1
common lot.
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 Hernandez motioned to approve Pine Ridge Landing Preliminary Plat as
presented, including the findings, facts and conclusions of law as presented by City Staff.
Councilmember Heiner seconded motion for approval.
Roll Call: Heiner -yes, Reece -yes, Hernandez -yes, motion passed.
4. Approval of Pine Ridge Landing Final Plat and the findings, facts and conclusions of law.
(Council will discuss the application and if it meets City code).
Johnathan Vincent from Gate City Builders represented the applicant.
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 conditions.
Councilmember Reece motioned to approve Pine Ridge Landing Preliminary Plat as presented,
including the findings, facts and conclusions of law as presented by City Staff, and conditional
upon construction plans/drawings be accepted by development services.
Councilmember Hernandez seconded motion for approval.
Roll Call: Reece -yes, Heiner -yes, Hernandez -yes, motion passed.
Adoption of Ordinance 844 Intermountain Gas Franchise Fee Renewal.
(Council will discuss granting Intermountain Gas a 30yr extension).
James Murphy represented Intermountain Gas. Mr. Murphy presented a 30 year
extension to construct, maintain and operate a gas transmission and distribution
system.
Attorney Ryan Lewis stated that Idaho Code requires franchise agreements to be
adopted by ordinance.
Councilmember Heiner motioned for the waiver of three readings, including the reading of one
time in full for Ordinance 844.
Councilmember Hernandez seconded motion for waiver.
Roll Call: Heiner -yes, Hernandez -yes, Reece -yes, motion passed.
Councilmember Heiner motioned for adoption of Ordinance 844.
Councilmember Hernandez seconded motion for adoption.
Roll Call: Hernandez -yes, Reece -yes, Heiner -yes, motion passed.
6. Review of Contract for a Crossing Guard at Ellis Elementary School.
(Council will discuss paying for a Crossing Guard at Ellis Elementary School).
Mayor England presented a contract for a Crossing Guard at Ellis Elementary
School, and asked if the Council had any questions or concerns.
Attorney Ryan Lewis stated that if the Council didn't have any concerns with this
contract that it will automatically renew for the next school year.
7. Approval of Items for Auction or Disposal.
(Council will discuss City property for auction or disposal).
Councilmember Heiner motioned for approval of items for disposal.
Councilmember Hernandez seconded motion for approval.
Roll Call: Heiner -yes, Hernandez -yes, Reece -yes, motion passed.
8. Approval of Firework Permits for 2022.
(Council will discuss the applications and if they meet city code).
City Clerk Joey Bowers presented the firework permits for 2022, and stated that
the clerk's office had received an application for a second location for Acme
Discount Fireworks.
Councilmember Heiner motioned for approval of firework permits for 2022 including the second
location for Acme Discount Fireworks, contingent on required payment for permit fees, and final
inspection from the Fire Department.
Councilmember Reece seconded motion for approval.
Roll Call: Hernandez -yes, Reece -yes, Heiner -yes, motion passed.
Attorney Ryan Lewis recommended that since the Clerk's office had just received
an application for a second location from Acme Discount Fireworks to approve the
second location at the next council meeting.
Councilmember Reece motioned for approval of firework permits for 2022 excluding the second
location for Acme Discount Fireworks, contingent on required payment for permit fees, and final
inspection from the Fire Department.
Councilmember Hernandez seconded motion for approval.
Roll Call: Reece -yes, Heiner -yes, Hernandez -yes, motion passed.
9. Adoption of Ordinance 845 Community Service Director.
(Council will discuss amending Chapter 17.08 to provide a definition of Community Service
Director for Chapter 17; amending Chapters 17.12 and 17.16 to change the oversight of the
designated responsibilities therein from the Public Works Director to the Community Services
Director and amending section 17.12.080G to provide 10 business days instead of business
days to the reviewing departments to comment on a preliminary plat to the Community
Services Director; amending Chapter 17.28 to change the Park Impact Fee Administrator from
the Public Works Director to the Community Services Director; amending Chapter 18.06 to
provide a definition of Community Service Director for Chapter 18; amending Chapters 18.08,
18.12, and 18.14 to change the oversight of certain duties and responsibilities from the
Building Official and/or Building Inspector to the Community Services Director; amending
Chapter 18.16 to add the Community Services Director to the Design Review Committee to
remove the Building Official; amending Chapters 18.20, 18.21, 18.28, 18.34, and 18.35 to
change the oversight of the designated responsibilities from the Public Works Director to the
Community Services Director).
Planning & Development Director Devin Hillam presented that with the recent
internal organizational structure changes this ordinance fixes and realigns city code to
match the city's current organizational structure.
Councilmember Hernandez motioned for the waiver of three readings, including the reading of
one time in full for Ordinance 845.
Councilmember Heiner seconded motion for waiver.
Roll Call: Reece -yes, Hernandez -yes, Heiner -yes, motion passed.
Councilmember Reece motioned for adoption of Ordinance 845.
Councilmember Heiner seconded motion for adoption.
Roll Call: Hernandez -yes, Heiner -yes, Reece -yes, motion passed.
10. Adoption of Ordinance 846 Amending Sections of City Code.
(Council will discuss amending Chapter 5.36, Sexually Oriented Businesses, correlating
definitions of sexually oriented business with Title 18, Land Use,- Chapter 16.12, Engineering
Standards, correcting widths for standard streets, Chapter 17.12, Platting Requirements and
Procedures, changing review requirements from calendar days to business days and removing
requirements for reproducible mylar copies of plats, Chapter 18.06 Land Use Definitions,
changing Drive-in Establishment to Drive-in / Drive-through Establishment and changing
Sexually Oriented Business references to Idaho Statues and adding a reference to City Code
Chapter 5.36, Sexually Oriented Businesses; Chapter 18.08.040 Land Uses by District, changing
Drive-in restaurant to Drive-in / drive-through establishment,- Chapter 18.046 Off Street Parking
Requirements, reordering land uses by group; Chapter 18.12.030.E Supplemental Controls for
Particular Uses, changing Drive-in establishments to Drive-in / drive-through establishments;
Chapter 18.14 Landscaping, clarifying minimum area of landscape strips along rights-of-way;
Chapter 18.20.040 Procedure for Approval of a PUD, reducing public hearing requirements to
correspond with recently adopted changes in other sections of code; and Chapter 18.20.070 PUD
Development Standards, establishing Minimum Front Yard Setbacks and re -ordering the waivers
and adjustments for potential approval with a PUD. The application will be reviewed against
criteria in section 18.28.050.B.8 of city code).
Planning Manager Don Matson presented updates to the current city code.
Councilmember Heiner motioned for the waiver of three readings, including the reading of one
time in full for Ordinance 846.
Councilmember Hernandez seconded motion for waiver.
Roll Call: Heiner -yes, Reece -yes, Hernandez -yes, motion passed.
Councilmember Hernandez motioned for adoption of Ordinance 846.
Councilmember Reece seconded motion for adoption.
Roll Call: Reece -yes, Heiner -yes, Hernandez -yes, motion passed.
11. Adoption of Ordinance 847 to create a new Chapter 18.19 Chubbuck Village and two
new land use districts, Highway Corridor (HC) and Village (V); to change the Land
Use District (zone) from General Commercial (C-2) to a new district, Highway
Corridor (HC), on approximately 17 acres of land comprising several parcels with
Chubbuck Road at the north, Yellowstone Avenue at the west, Interstate 86 at the
south, and east from Yellowstone Avenue approximately 250 feet to the eastern
boundary line of each parcel bordering the east side of Yellowstone Avenue,
including parcels on the north side of E Burnside Avenue; and to change the Land
Use District (zone) from General Commercial (C-2) and Limited Residential (R-2) to
a new district, Village (V), on approximately 53 acres of land comprising multiple
parcels with Chubbuck Road at the north, Yellowstone Avenue at the west, Interstate
86 at the south, Central Way at the east, Evans Lane and the southern boundary of the
property located at 5432 Burley Drive at the south, and the Union Pacific Railroad at
the east, excluding parcels as described above to be included in the Highway Corridor
(HC) zone; setting forth the purpose and intent, special provisions and relations to
other chapters of city code, and a regulating plan for the two districts; establishing
special standards within the two districts for streets and right-of-way, building design
and sidewalk frontage, land and building uses, landscaping, parking, and signage;
amending Chapter 18.06 Definitions, adding definitions of form -based zoning and
traditional Euclidian zoning; amending Chapter 18.08 Land Use Districts and General
Controls with clarifications of relationship to different General Controls in Chapter
18.18 Chubbuck Village, Chapter 18.20 Planned Unit Developments, and Chapter
18.21 Creative Communities.
Planning Manager Don Matson presented form -based codes to establishing special
standards for streets and right-of-way, building design and sidewalk frontage, land
and building uses, landscaping, parking, and signage and establishing two new land
use districts, Highway Corridor (HC) and Village (V) for the "downtown" area. Mr.
Matson went over the differences between the current land use districts and the
proposed districts.
Councilmember Reece asked City Staff if they had met with any property owners
to help address their concerns, and if they had any substantial concerns or suggestions
to present to the Council for discussion before making a final decision. Planning &
Development Director Devin Hillam stated that City Staff s doors are always open to
answer any questions or address concerns from the property owners. City Staff did
not have any property owners reach out to answer questions or address concerns.
Councilmember Reece motioned for the waiver of three readings, including the reading of one
time in full for Ordinance 847.
Councilmember Hernandez seconded motion for waiver.
Roll Call: Heiner -yes, Hernandez -yes, Reece -yes, motion passed.
Councilmember Heiner motioned for adoption of Ordinance 847.
Councilmember Reece seconded motion for adoption.
Roll Call: Hernandez -yes, Reece -yes, Heiner -yes, motion passed.
CLAIMS:
City of Chubbuck claims for May 18, 2022 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: Reece -yes, Heiner -yes, Hernandez -yes, motion passed.
ADJOURN: Mayor Kevin England adjourned at 6:37.
;Joe - i y Clerk
Kevin E�nggfl4anMayor