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Home My WebLink About05 17 2023 CMCity of Chubbuck Council Meeting Minutes May 17, 2023 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 COUNCIL PRESENT: Melanie Evans, Roger Hernandez, Norman Reece, and Dan Heiner. STAFF MEMBERS PRESENT: Mayor Kevin England, City Attorney Ryan Lewis, Interim Public Works Director Bridger Morrison, Public Works Operations Manager Kami Smoot, Community Services Director Devin Hillam, Planning Manager Don Matson, Police Chief Bill Guiberson, Lieutenant Nick Sasser, Fire Chief Merlin Miller, Human Resource Director Scott Gummersall, City Treasurer Rich Morgan, and City Clerk Joey Bowers. Councilmember Reece recused himself from general business item #2. APPROVAL OF MINUTES: May 3, 2023 Councilmember Heiner motioned for approval of the Study Session and Council Meeting minutes. Councilmember Evans seconded motion for approval of minutes. Roll Call: Evans -yes, Hernandez -yes, Reece -yes, Heiner -yes, motion passed. PUBLIC HEARING: 1. Finding real property of the City of Chubbuck located at Lot 13 Block 1 and Lot 3 Block 3 of The Grove — Division No. 1 as no longer useful or necessary and declaring such real property to be surplus property with the following terms. The Council finds that the 2 lots have no public purposes beyond which exist by easement or right-of-way; the Council declares the 2 lots as surplus property; the Council will not contract for an appraisal since the costs of the appraisal likely will exceed valuations of the properties due to the sizes, dimensions, easements, and lack of access and development opportunities, The Council establishes a minimum value of $500 per lot to cover administrative expenses associated with the disposal; and The Council requires that the winning bidders of the auctions pay all closing and other costs associated with the sale of the property. The Council establishes that other terms and conditions of the sales shall be consistent with standard real estate transactions, and require buyers and their heirs and assigns to consent to not protest a future canal trail, and that any buyer will on behalf of their heirs and assigns will agree that each full parcel shall be subject to an easement for future trails, and that such easement shall run with the land. Further, if no bids are received, pursuant to Idaho Code 50-1403(1), the Council will sell the lots by offering them for sale on the open market subject to, and conditioned upon, the same terms as stated above, except that the Council may, by resolution at the sole discretion of the Council, accept an offer deviating from said terms and conditions, and Authorize the City Clerk to publish a Notice of Public Hearing to take comments on the above tentative terms and then to publish a Notice of Intent to sell the surplus real property and to accept sealed bids on a date to be determined by City Staff. Community Services Director Devin Hillam presented the properties that the Council directed to move forward with the disposal of pursuant to the standards set forth within Idaho Code section 50 chapter 14 as presented in the Grove Subdivision. Mayor England declared the public hearing open for public comment, due to no public comment Mayor England closed the public hearing. GENERAL BUSINESS: 1. Review and Discussion on Disposal of Block 1 Lot 13, and Lot 3 Block 3 of The Grove - Division No. 1 as Surplus Property and consider authorizing staff to move forward with disposal of the City Properties within The Grove Subdivision. (Action Item) (Council will discuss maintaining or disposal of City properties). Councilmember Heiner motioned to approve the disposal of Lot 13 Block 1 and Lot 3 Block 3 of The Grove — Division No. 1 as Surplus Property as published within the notice of public hearing and including the terms as listed within the published notice of public hearing. Councilmember Hernandez seconded motion for approval. Roll Call: Hernandez -yes, Reece -yes, Heiner -yes, Evans -yes, motion passed. Discussion and Possible Adoption of Ordinance 859 for the Annexation of approximately 497.51 acres of land generally located on the east side of Interstate Highway 15 and approximately 1,100 feet or more north and northeast of Northgate Parkway in Bannock County, Idaho, and Specify the Zoning on 497.51 acres of land as Agriculture (A). (Council will discuss the annexation of 497.51 acres into the City limits). Trustee Lavelle Rupp represented the Harold L. Rupp Sr. Trust and the Beta J. Rupp Trust. Mr. Rupp stated that they had submitted an application for annexation into the City of Chubbuck. Mr. Rupp also stated that they had looked at all their options over a number of years; and it is in their best interest to be annexed into the City of Chubbuck. Planning Manager Don 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 with condition. Councilmember Heiner motioned for the waiver of three readings, including the reading of one time in full for Ordinance 859. Councilmember Hernandez seconded motion for waiver. Roll Call: Heiner -yes, Evans -yes, Hernandez -yes, Reece -recused, motion passed. Councilmember Hernandez motioned for adoption of Ordinance 859 conditional upon prior signing and recording of an annexation agreement between the mayor and applicant, defining applicant/developer responsibilities for the extensions of various utilities. Councilmember Evans seconded motion for adoption with condition. Roll Call: Evans -yes, Hernandez -yes, Heiner -yes, Reece -recused, motion passed. 3. Approval of Firework Permits for 2023. (Council will discuss the applications and if they meet city code). City Clerk Joey Bowers presented the firework permits for 2023. Councilmember Evans motioned for approval of firework permits for 2023 contingent on final inspection from the Fire Department. Councilmember Heiner seconded motion for approval. Roll Call: Hernandez -yes, Reece -yes, Evans -yes, Heiner -yes, motion passed. 4. Consideration and Adoption of Resolution 2023-04 to Place an Emergency Moratorium Pursuant to Idaho Code 67-6523 on new or expanded uses of extended stay facilities at any location within City limits which offer lodging to tenants for more than 30 days, excluding bed and breakfasts, recreational vehicle parks, group homes, nursing homes, assisted living centers, short-term rentals, and other like uses. Mayor England went over the background and stated that this Emergency Moratorium would allow the City time to propose and adopt requirements which will help decrease emergency service needs and increase the public health, safety, and welfare of residents, business owners, and visitors of Chubbuck. Chief Guiberson and Chief Miller went over the number of increased calls and emergency service needs associated with the current extended stay within the City; and stated that even with additional staff they would not be able to provide emergency services at the current demand level to any additional extended stay facilities. Councilmember Hernandez motioned for adoption of Resolution 2023-04 as presented. Councilmember Heiner seconded motion for adoption. Roll Call: Reece -yes, Evans -yes, Heiner -yes, Hernandez -yes, motion passed. 5. Confirm the Appointment for the Chief of Police. (The council will discuss an appointment to Police Chiefl. Mayor England presented Nick Sasser to replace Bill Guiberson as the Chief of Police effective June 23, 2023. Councilmember Hernandez motioned to appointment Lieutenant Nick Sasser as the Chief of Police effective June 23, 2023. Councilmember Evans seconded motion for appointment. Roll Call: Evans -yes, Heiner -yes, Hernandez -yes, Reece -yes, motion passed CLAIMS: 1. City of Chubbuck claims for May 17, 2023 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: Heiner -yes, Hernandez -yes, Reece -yes, Evans -yes, motion passed. ADJOURN: Mayor Kevin England adjourned at 6:38. ers-City Clerk evin England- ayor