HomeMy WebLinkAboutDraft MinutesCHUBBUCK
I I H H 0
City of Chubbuck
Council Study Session Minutes
January 5, 2022
4:00 PM
City Hall Council Chambers
290 East Linden, Chubbuck, ID 83202
CALL To ORDER: Mayor England
COUNCIL PRESENT: Dan Heiner, Melanie Evans, Roger Hernandez, and Ryan Lewis.
STAFF MEMBERS PRESENT: Mayor Kevin England, City Attorney Tom Holmes, Public Works
Director Rodney Burch, City Engineer Bridger Morrison, Planning & City Development
Director Devin Hillam, GIS Technician Jacqueline Malloy, Municipal Services Program
Administrator Kami Morrison, Police Chief Bill Guiberson, Fire Chief Merlin Miller, City
Treasurer Rich Morgan, Deputy Clerk Paul Andrus, and City Clerk Joey Bowers.
GENERAL BUSINESS:
1. Presentation and Discussion on the Westfield Estates Master Plan and Annexation Agreement.
Applicant Dannis Adamson gave a brief history and stated that this plat currently does
not reside within the City of Chubbuck city limits. The Developer to have access to City
Utilities had signed an agreement with the City that all of this development will be
annexed into the City once that opportunity is available. Mr. Adamson is currently in the
process to apply for Division 4 with Bannock County and needed to address some
concerns from City Staff before being able to move forward with this division. Mr.
Adamson stated that Bannock County does not want his development to construct
improvements east of Berkshire on Westfield Ave as it would be a burden on current and
future right of way maintenance until such time as the ground to the east is redeveloped.
Mr. Adamson felt like City Staff was over stepping their authority in their requests to the
Bannock County Planning Department, when they send in comments for each phase of
this development, and how it relates to the agreement that is in place.
Public Works Director Rodney Burch and Planning & City Development Director
Devin Hillam both stated that they felt like Westfield Estates needed to comply with all
the requirements in title 16 of City code to be in compliance with section 2.3 of the
annexation agreement; which states: "the developer agrees that all subdivision
infrastructure construction, future alterations modification to the development, shall
conform to any and all then applicable City subdivision infrastructure construction
standards and upon annexation, all City zoning and Land Use codes shall apply and all
required permits shall be obtained from City prior to the commencement of any work."
Mr. Burch and Mr. Hillam also stated that if the land remains as open space for the
community and only the developer and the City/County know that a road is planned to
extend there in the future; it sets no indication to the adjoining land owners and area
residents that the land is established in the future to be extended through as part of the
regional street network. Not obtaining the right-of-way and constructing the
improvements today sets up an unnecessary adversarial relationship between the City, the
neighborhood residents, and the Homeowners Association (HOA).
Mr. Adamson stated that his interpretation of the agreement is that any improvements
that are built need to be developed under the City Standards. But the design and whether
or not certain improvements are required to be built falls under the County Jurisdiction.
City Attorney Tom Holmes stated that the decision that will be before the Council
during the January 5, 2022 Council Meeting is whether or not City Staff is interpreting
section 2.3 of the annexation agreement correctly.
Councilmember Lewis asked for legal counsel's opinion on whether or not City Staff
was interpreting section 2.3 correctly. Mr. Holmes stated that his professional opinion
would agree with the interpretation from City Staff.
The Council asked for the Developer and City Staff to meet with Bannock County
Staff to see if there was a way to overcome their issues and concerns, to allow this
development to move forward. Mr. Burch stated that if the only concern Bannock County
has is a maintenance issue the City could enter into an agreement with the County for the
short period of time that this development will remain under County jurisdiction to
maintain that roadway to prevent any unnecessary adversarial issues in the future.
2. Discussion on the Financial Report as Provided by the City Treasurer.
City Treasurer Rich Morgan presented and went over the City's quarterly financial
report.
3. Discussion on the Public Works Department's Efforts towards the City's Strategic Plan.
Public Works Director Rodney Burch, City Engineer Bridger Morrison, Planning &
City Development Director Devin Hillam, GIS Technician Jacqueline Malloy, Municipal
Services Program Administrator Kami Morrison gave an update on the Public Works
portion of items that the Council had asked to consider implementing, as part of the
City's Strategic Plan efforts.
4. Discussion on Future Agenda Items.
Mayor England presented a 3 month report about upcoming Study Session and
Council Meeting business items.
ADJOURN: Mayor Kevin England adjourned at 5:51.
This meeting was available to the public electronically and by phone.
Via Zoom Teleconferencing: Meeting ID: 8512534 6478
CHUBBUCK
I I H H 0
City of Chubbuck
Council Meeting Minutes
January 5, 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 Heiner
COUNCIL PRESENT: Dan Heiner, Melanie Evans, Roger Hernandez, and Ryan Lewis.
STAFF MEMBERS PRESENT: Mayor Kevin England, City Attorney Tom Holmes, Public Works
Director Rodney Burch, City Engineer Bridger Morrison, Planning & City Development
Director Devin Hillam, Police Chief Bill Guiberson, Fire Chief Merlin Miller, Development
Services Manager Sean Harris, Human Resource Director Scott Gummersall, City Treasurer
Rich Morgan, Deputy Clerk Paul Andrus, and City Clerk Joey Bowers.
APPROVAL OF MINUTES: December 15, 2021.
Councilmember Heiner motioned for approval of the Council Meeting minutes.
Councilmember Hernandez seconded motion for approval of minutes.
Roll Call: Heiner -yes, Evans -yes, Hernandez -yes, Lewis -yes, motion passed.
CLAIMS:
City of Chubbuck claims for January 5, 2022 as presented to Mayor England and
Council.
Councilmember Heiner motioned to approve the City of Chubbuck Claims as presented.
Councilmember Lewis seconded motion for approval.
Roll Call: Evans -yes, Hernandez -yes, Lewis -yes, Heiner -yes, motion passed.
ADMINISTRATION OF OATH OF OFFICE: City Clerk Joey Bowers administered the oath of office to
elected Mayor Kevin B. England, and Councilmembers Ryan S. Lewis and Roger Hernandez.
ADJOURN: SINE DIE
CALL To ORDER: Mayor England
GENERAL BUSINESS:
1. Election of Council President.
Councilmember Evans motioned to elect Councilmember Lewis as Council President.
Councilmember Hernandez seconded motion, all voted in favor, motion passed.
2. Consider an Extension of Time for the Selder Meadows PUD.
Previously approved on February 7, 2018, Located at 5121 Hawthorne Rd.
(Council will discuss the application and if it meets City code).
This item of business was removed from the agenda as requested by the applicant.
3. Approval of the Little Creek Coffee Short Plat.
(Council will discuss the application and if it meets City code).
Krystal Chanda from A & E Engineering represented the applicant. Mrs. Chanda
presented a commercial lot located off of Yellowstone Ave.
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 Lewis motioned for approval of the Final Short Plat for Little Creek Coffee as
presented, conditional upon construction plans/drawings be accepted by development services,
10' public utility easement along the frontage of Yellowstone Avenue, parallel and adjacent to
the west side of the noted 25' sewer easement, provide a shared access ingress / egress easement
that covers the southern half of the existing access approach, and the access meets the
requirements of the Idaho Transportation Department and the City of Chubbuck.
Councilmember Hernandez seconded motion for approval.
Roll Call: Lewis -yes, Heiner -yes, Evans -yes, Hernandez -yes, motion passed.
4. Review and Possible Decision on Westfield Estates Master Plan and Annexation
Agreement. (Council will discuss the application and if it meets City code).
This item of business was removed from the agenda as requested by the applicant.
5. Approval of Records for Destruction.
(Council will discuss the destruction of City records).
City Clerk Joey Bowers presented the records for destruction.
Councilmember Evans stepped out of the meeting.
Councilmember Heiner motioned for approval of records for destruction, as presented.
Councilmember Hernandez seconded motion for approval.
Roll Call: Lewis -yes, Heiner -yes, Hernandez -yes, motion passed
6. Motion to enter into an Executive Session in accordance with Idaho Code 74-206 (1)(c):
"To acquire an interest in real property which is not owned by a public agency."
Councilmember Lewis motioned to enter into an executive session.
Councilmember Heiner seconded motion to enter into executive session.
Roll Call: Lewis -yes, Heiner -yes, Hernandez -yes, motion passed.
Councilmember Heiner motioned to exit the executive session.
Councilmember Hernandez seconded motion to exit executive session.
Roll Call: Heiner -yes, Evans -yes, Hernandez -yes, Lewis -yes, motion passed.
7. Approval of the Final Mediated Right of Way Acquisition Contracts.
(Council will discuss mediated right of way acquisition contracts).
Councilmember Heiner motioned for approval of the final mediated right of way acquisition
contracts. Councilmember Evans seconded motion for approval of contracts.
Roll Call: Evans -yes, Hernandez -yes, Lewis -yes, Heiner -yes, motion passed.
ADJOURN: Mayor Kevin England adjourned at 6:32.
This meeting was available to the public electronically and by phone.
Via Zoom Teleconferencing: Meeting ID: 8712410 6490