HomeMy WebLinkAbout07 06 2022 CMCHUBBUCK
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City of Chubbuck
Council Meeting Minutes
July 6, 2022
6:00 PM
City Hall Council Chambers
290 East Linden, Chubbuck, ID 83202
CALL TO ORDER: Mayor England.
PLEDGE ALLEGIANCE TO THE FLAG: Councilmember Hernandez
INVOCATION: Pastor John Robinson Gate City Christian Church.
COUNCIL PRESENT: Roger Hernandez, Norman Reece, Dan Heiner, and Melanie Evans.
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, Police Chief Bill Guiberson,
Fire Chief Merlin Miller, Human Resource Director Scott Gummersall, City Treasurer Rich
Morgan, and City Clerk Joey Bowers.
APPROVAL OF MINUTES: June 15, 2022.
Councilmember Heiner motioned for approval of the Council Meeting minutes.
Councilmember Hernandez seconded motion for approval of minutes.
Roll Call: Hernandez -yes, Reece -yes, Heiner -yes, Evans -yes, motion passed.
GENERAL BUSINESS:
1. Approval of Brookstone Estates Div. 12 Final Plat and the findings, facts and conclusions
of law. (Council will discuss the application and if it meets City code).
Brady Smith from Rocky Mountain Engineering represented the applicant. Mr. Smith
presented an application for 19 single family residential lots.
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 Hernandez motioned to approve Brookstone Estates Div. 12 Final Plat as
presented, including the findings, facts and conclusions of law as presented by City Staff, and
conditional upon construction plans/drawings be approved by Development Services.
Councilmember Heiner seconded motion for approval.
Roll Call: Reece -yes, Heiner -yes, Evans -yes, Hernandez -yes, motion passed.
2. Adoption of Ordinance 848 Change in Land Use District on 22.82 Acres of Land from
Agricultural (A) and Limited Residential (R-2) to Limited Residential (R-2) located at
1295 Alpine Ave. (Council will discuss a change in land use from Agricultural (A) and Limited
Residential (R-2) to Limited Residential (R-2)).
Councilmember Hernandez motioned for the waiver of three readings, including the reading of
one time in full for Ordinance 848.
Councilmember Reece seconded motion for waiver.
Roll Call: Heiner -yes, Evans -yes, Hernandez -yes, Reece -yes, motion passed.
Councilmember Heiner motioned for adoption of Ordinance 848.
Councilmember Hernandez seconded motion for adoption.
Roll Call: Evans -yes, Hernandez -yes, Reece -yes, Heiner -yes, motion passed.
3. Approval of The Academy Campus Subdivision Final Plat.
(Council will discuss the application and if it meets City code).
Stewart Ward from Dioptra represented the applicant. Mr. Ward presented a 5 lot final
Plat for 5 commercial building lots. Mr. Ward asked for a 2 year waiver on the street
widening, curb & gutter, and sidewalk along Philbin Road frontage of lot 1 block 1,
similar to what was approved with the Conditional Use permit for this development. The
applicant is willing to put down 40% of the current estimated construction costs to go
towards those improvements. Mr. Ward also stated that the section of land parcel number
RPRCCPCO25729 had been dedicated to the City as right of way along Philbin Road.
Development Services Manager Sean Harris stated that this application had been
reviewed by City Staff and does not appear to meet all the standards of Titles 16, 17 and
18 of City Code, as presented. City Staff recommended that the requirements of Title
16.12.020.Q be met by providing street widening, curb & gutter, and sidewalk along the
Philbin Road frontage of lot 6, block 1 including all suggested striping on Philbin Rd.,
Alpine Ave., and Sawthooth St., an irrigation pump fee of $2,971.90 per acre be collected
with each building permit issued, and construction plans/drawings be approved by
Development Services.
Councilmember Heiner was concerned that 40% of the current estimated construction
costs wasn't a sufficient amount for a guarantee. The applicant does not pay property
taxes to the City and if something happens the City will have to bear the cost of these
improvements at the tax payers' expense.
Councilmember Evans felt like the City had made a lot of concessions that benefited
Connor Academy financially with its original application. Which in hindsight created
significant issues with traffic and problems for the surrounding neighborhoods.
Councilmember Evans did not want the City to make that same mistake again.
Planning & Development Director Devin Hillam presented for the Councils'
consideration that not allowing for the applicant to delay the requested waiver could
possibly make it so that Alpine Ave. will not connect all the way to Philbin Rd. from
Hawthorne Rd. This connection will allow for significant improvements to traffic issues,
and without that connection the City will still have to deal with the current traffic issues
along Philbin Rd.
Brady Hutchins represented the application. Mr. Hutchins presented that the Land Use
and Development Commission approved an extension on the widening of Philbin Rd
within the right of way to add a southbound left turn lane and northbound right turn lane
onto Alpine Ave. as part of an approved Conditional Use Permit at their April 12, 2022
meeting. as part of that condition traffic issues will be reevaluated as part of this
Conditional Use Pen -nit by the Land Use Commission after the second full school year of
the middle school to see if the other improvements had made a significant improvement
on traffic issues or if the widening of Philbin Rd within the right of way to add a
southbound left turn lane and northbound right turn lane onto Alpine Ave needs to be
developed to address additional traffic issues. Mr. Hutchins stated that the applicant is not
asking to completely waive the requirements of Title 16.12.020.Q but due to funding
issues was asking for a 2 year waiver to delay the street widening, curb & gutter, and
sidewalk along Philbin Road frontage of lot 1 block 1 including all suggested striping on
Philbin Rd., Alpine Ave., and Sawthooth St, similar to what was approved as part of the
Conditional Use Permit for this development. The applicant would be willing to put down
60% of the current estimated construction costs as a guarantee to go towards these
improvements.
Planning & Development Director Devin Hillam asked legal counsel if the City could
enter into a development agreement with the applicant that would require that the
improvements be designed and turned into City Staff for review within two years and
completed within 3 years. If the applicant did not comply with that agreement; City Staff
could go before the Land Use Commission to have the applicants Conditional Use Permit
revoked.
City Attorney Ryan Lewis asked Mr. Hutchins if the applicant would be willing to
enter into an agreement as presented by city staff with the understanding that if the
applicant did not fulfill the requirements of Title 16.12.020.Q as listed in the agreement
that City Staff would ask for their Conditional Use Permit to be revoked. Mr. Hutchins
stated that he felt like that would be an appropriate solution and the applicant would be
willing to enter into an agreement with those conditions.
Councilmember Evans was still concerned that there was still no guarantee that the
required improvements would be completed with this application. Mr. Hutchins stated
that the applicant would be building the rest of Alpine Ave. and completing all required
improvements along Alpine Ave. which runs along where construction will take place for
this project. The applicant currently does not have any plans to develop its property along
Philbin Rd.
Councilmember Heiner motioned to approve The Academy Campus Subdivision Final Plat
as presented, including the findings, facts and conclusions of law as presented by City Staff, and
conditional upon an irrigation pump fee of $2,971.90 per acre be collected with each building
permit issued, construction plans/drawings be approved by Development Services, 60% of the
current estimated construction costs associated with the requirements of Title 16.12.020.Q be
collected as a guarantee fee, and that the applicant enter inter a development agreement with the
City stating that the applicant would fulfill all of the requirements associated with Title
16.12.020.Q which includes street widening, curb & gutter, and sidewalk along Philbin Road
frontage of lot 1 block 1 including all suggested striping on Philbin Rd., Alpine Ave., and
Sawthooth St. The applicant will be required for those improvements to be designed and turned
into City Staff for review within two years following the opening of the new middle school and
construction be completed within 3 years following the opening of the new middle school.
Councilmember Hernandez seconded motion for approval.
Roll Call: Reece -yes, Evans -no, Heiner -yes, Hernandez -yes, motion passed.
City Attorney Ryan Lewis asked Brady Hutchins if the applicant understood the
motion that had just passed regarding this application. Mr. Hutchins read aloud all the
conditions associated with the application. City Attorney Ryan Lewis also stated as part
of the development agreement if the applicant did not comply with that agreement than
City Staff could go before the Land Use Commission to have the applicants Conditional
Use Permit revoked. Mr. Hutchins stated that the applicant supported those conditions as
outlined in the motion and within the development agreement as presented.
4. Approval of The Academy Acres Div. 2 Final Plat.
(Council will discuss the application and if it meets City code).
Brady Smith from Rocky Mountain Engineering represented the applicant. Mr. Smith
presented an application for 19 single family residential lots.
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 the Academy Acres Div. 2 Final Plat as presented,
including the findings, facts and conclusions of law as presented by City Staff, conditional upon
construction plans/drawings be approved by Development Services, and an irrigation pump fee
of $800.85 be collected with all building permits issued within this development.
Councilmember Heiner seconded motion for approval.
Roll Call: Evans -yes, Heiner -yes, Hernandez -yes, Reece -yes, motion passed.
5. Adopt Tentative Budget for Fiscal Year 2023.
(Council will discuss the adoption of a tentative budget for 2023).
City Treasurer Rich Morgan presented the tentative budget to the Council and
reminded the Council of the process for adopting the budget
Councilmember Heiner motioned for approval of the preliminary tentative budget.
Councilmember Hernandez seconded motion for approval.
Roll Call: Heiner -yes, Hernandez -yes, Reece -yes, Evans -yes, motion passed
6. Discussion on Change Order's for Approved City Projects.
Interim Public Works Director Bridger Morrison presented infonnation associated
with change orders for city approved projects.
CLAIMS:
City of Chubbuck claims for July 6, 2022 as presented to Mayor England and
Council.
Councilmember Hernandez motioned to approve the City of Chubbuck Claims as presented.
Councilmember Heiner seconded motion for approval.
Roll Call: Hernandez -yes, Reece -yes, Evans -yes, Heiner -yes, motion passed.
ADJOURN: Mayor Kevin England adjourned at 7:20.
Joe s ity Clerk
Kevin England- yor