HomeMy WebLinkAbout05 06 2020 CMCITY OF CHUBBUCK
COUNCIL MEETING MINUTES
MAY 6, 2020 — 6:OOpM
LOCATED AT
CHUBBUCK CITY HALL
5160 YELLOWSTONE AVE.
CALL TO ORDER: Mayor England
COUNCIL PRESENT VIA ZOOM: Roger Hernandez, Melanie Evans, Dan Heiner, and Ryan Lewis.
STAFF PRESENT: Mayor Kevin England, and City Clerk Joey Bowers.
STAFF PRESENT VIA ZOOM: City Attorney Tom Holmes, Public Works Director Rodney Burch,
City Engineer Bridger Morrison, Planning and Development Director Devin Hillam, City
Treasurer Rich Morgan and Planning Manager Don Matson.
APPROVAL OF MINUTES: April 15, 2020.
Councilmember Lewis motioned for approval of the April 15, 2020 Council Meeting minutes.
Councilmernber Hernandez seconded motion for approval of minutes.
Roll Call: Evans -yes, Lewis -yes, Hernandez -yes, motion passed.
PUBLIC HEARING:
An application for annexation of approximately 87 acres of land into the City of Chubbuck and
to include the property in the Creative Community -Northside Crossing (CC -NC) Zone via an
amendment to section 18.35.010.6 of municipal code. The Comprehensive Plan Future Land
Use map designates this area as Employment. Property is in the East % of Section 34, Township
5 South, Range 34 East of the Boise Meridian, Idaho. The affected area is generally located east
of the Union Pacific Railroad and south of Tyhee Road. This area is noted for expansion of the
Northside Crossing Creative Community in its approved Master Development Plan. Following a
public hearing on April 14, 2020, the Land Use and Development Commission recommended
approval of the application.
Lyn Yost presented an annexation of 87 acres with Creative Community Northside
Crossing (CC -NC). This land will be part of the Northside Crossing master plan.
Senior Planner 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.
Mayor England declared the public hearing open for public comment, Due to no public comment
Mayor England closed the public hearing.
GENERAL BUSINESS:
1. Adoption of Ordinance 814 Annexation from Agriculture (A) to Creative Community
Northside Crossing (CC -NC) & Amendment to 18.35.010.B. (Council will discuss the
annexation of 87 acres with creative community Northside Crossing (CC -NQ Zoning, and an
amendment to section 78.35.070.B of City Code.
Councilmember Lewis motioned for the waiver of three readings, including the reading of one
time in full for Ordinance 814.
Councilmember Hernandez seconded motion for waiver.
Roll Call: Heiner -yes, Lewis -yes, Hernandez -yes, Evans -yes, motion passed.
Councilmember Lewis motioned for adoption of Ordinance 814.
Councilmember Heiner seconded motion for adoption.
Roll Call: Lewis -yes, Hernandez -yes, Evans -yes, Heiner -yes, motion passed.
2. Discussion to Renegotiate Copperfield Landing Div. 6 Irrigation and Park Conditions.
(Council will discuss the application and if it meets City code).
Brady Smith from Rocky Mountain Engineering represented the applicant. Mr. Smith
stated that the canal site for an irrigation connection is on the opposite side of the
development from Div. 6. The developer would like to propose a contribution of $750 per
dwelling unit/building permit to go towards the fixture construction of a pump to serve
this subdivision and future divisions of Copperfield Landing. Mr. Smith also presented
that the developer would like to dedicate the ground for Trueman Park to the City and
pay an agreed upon amount for the required amenities.
Senior Planner Don Matson stated that City Staff had reviewed the developer's
proposal for the irrigation system and it appears to meet the standards of Titles 16, 17 and
18 of City Code. Mr. Matson also stated that the proposed dedicated land for Trueman
Park would satisfy the 10% open space requirements for Copperfield Landing division I
through 6. City Staff recommended that an easement be required for a future pump
station and connecting infrastructure between this phase and the water source, including
authorization to access and use the water source.
Applicant Darris Ellis asked the Council what kind of amenities they would like to see
in the proposed park. City Attorney Tom Holmes stated that the City Council does not
have enough information on the cost of amenities and park improvements to make a
decision. Mr. Holmes recommended that the applicant put together a proposal for the
park amenities and the cost associated with those amenities for the Council to make an
informed decision on a cash in lieu for park amenities.
Public Works Director Rodney Burch reminded the Council that the City's tank site
that is located in this development was land acquired from the applicant at the City's
expense and will be improved at the expense of the City and should not be used in
calculating the applicants required open space requirement.
Councilmember Lewis asked Darris Ellis if he was in agreeance with City Staff on the
easement for the future pump station and water access and use. Mr. Ellis stated that he
was in agreeance with the recommended easement.
The Council moved the parks decision to a future Council Meeting and Study Session.
Councilmember Lewis motioned for the approval of the amendment of conditions for
Copperfield Landing Div. 6 in lieu of constructing an irrigation pump for the development that
the developer provide $750 per dwelling unit at the building permit phase to the City and that
those funds be dedicated for the construction of a future irrigation pump that would serve this
development. Conditional upon that an easement be required for a future pump station and
connecting infrastructure between this phase and the water source, including authorization to
access and use the water source. This approval was made because the developer had stated that
an casement access and pump location would be granted.
Councilmember Evans seconded motion for approval with conditions.
Roll Call: Hernandez -yes, Evans -yes, Heiner -yes, Lewis -yes, motion passed.
3. Approval of Sawtooth Ridge Final Plat.
(Council will discuss the application and if it meets City code).
Stuart Ward of Dioptra represented the applicant. Mr. Ward presented an 11 lot
subdivision with 9 multifamily residential buildings. Mr. Ward stated that the current
access easement associated with this property by the University Bible Church will be
vacated by both the applicant and University Bible Church.
Senior Planner 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.
Councilmember Heiner motioned for approval of Sawtooth Ridge final plat. Conditional upon
the vacating of the access easement on the north east corner of the property, and construction
plans/drawings to be accepted by the City Engineer.
Councilmember Lewis seconded motion for approval with conditions.
Roll Call: Heiner -yes, Lewis -yes, Hernandez -yes, Evans -yes, motion passed.
4. Approval to Re -Appoint Jason Mendenhall to the Land Use and Development
Commission. (The Council will discuss an appointment to the Land Use and Development
Commission).
Mayor Kevin England presented the re -appointment of Jason Mendenhall to the Land
Use and Development Commission.
Councilmember Evans motioned to confirm the re -appointment of Jason Mendenhall to the Land
Use and Development Commission.
Councilmember Hernandez seconded motion for approval.
Roll Call: Lewis -yes, Hernandez -yes, Evans -yes, Heiner -yes, motion passed.
5. Intergovernmental Agreement for Roles and Responsibilities under the NPDES
Municipal Storm Water Permits. (Council will discuss and act on approval of intergovernmental
agreement with ITD, Bannock County, and City of Pocatello).
City Engineer Bridger Morrison stated that the purpose of this agreement was to detail
the duties, roles and responsibilities to be provided by the permittees with respect to the
regulations, requirements, and commitments set forth in the NPDES permit that is issued
by the EPA. Mr. Morrison also stated that without this agreement the City of Chubbuck
would be required to fulfill all of these responsibilities on its own.
Councilmember Heiner motioned to approve the Intergovernmental Agreement for Roles and
Responsibilities under the NPDES Municipal Storm Water Permits.
Councilmember Evans seconded motion for approval.
Roll Call: Hernandez -yes, Evans -yes, Heiner -yes, Lewis -yes, motion passed.
6. Approval of the Briscoe Road Final Right of Way Acquisition Contract.
(Council will discuss a property acquisition of .36 acres for City Right of way)
Mayor Kevin England presented a right of way acquisition contract and appraisal for a
parcel of land that is part of a project that is on the City's priority list. Mayor England
also stated that the Chubbuck Development Authority (CDA) had removed this project
from their FY20 priority list for funding.
City Clerk Joey Bowers stated that the appraisal was from the Analytix Group that
was on the Idaho Transportation Department's list of approved right of way
acquisition/appraisat companies.
Public Works Director Rodney Burch went over the criteria that City Staff and the
Bannock Transportation Planning Organization (BTPO) used to make a priority list for
upcoming projects that would qualify for CDA funding under the City's 1992 urban
renewal plan.
City Attorney Tom Holmes stated that the reason the City is looking at purchasing this
right of way before the final funding for the project is approved by the CDA, is due to the
fact that this property is currently under contract for new ownership and the current
owner is willing to sell this right of way to the City before that acquisition is finalized.
Councilmember Lewis did not want to approve the purchase of a right of way because
the funding for the project had been removed by the CDA.
Councilmember Lewis motioned to deny the Briscoe Road final right of way acquisition
contract, pending a funding determination by the Chubbuck Development Authority (CDA).
Councilmember Heiner seconded motion for denial.
Roll Call: Evans -yes, Heiner -yes, Lewis -yes, Hernandez -yes, motion passed.
CLAIMS:
City of Chubbuck claims for May 6, 2020 as presented to Mayor England and
Council.
Councilrnember Evans asked about the liability insurance for the baseball program
that had been canceled. City Treasurer Rich Morgan stated that the liability insurance
cost was nonrefundable. Mr. Morgan also stated that the baseball league will be paying
that claim with its own funds and not City funds.
Councilmember Hernandez motioned to approve the City of Chubbuck Claims as presented.
Councilrnember Heiner seconded motion for approval.
Roll Call: Lewis -yes, Hernandez -yes, Evans -yes, Heiner -yes, motion passed.
AmouRN: Mayor Kevin England adjourned at 7:58.
This meeting was available to the public electronically and by phone.
Via Zoom Teleconferencing: Meeting 1D: 966 3649 6723
Due to the occurrence and imminent threat to public health and safety arising from the effects
of the 2019 novel coronavirus (COVID-19). Governor Little issued a Proclamation on March 13,
2020 suspending section 74-203(5) and requiring All Public Meetings to be held electronically or
by phone.
rs- ity Clerk
Kevin EnglanPayor