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HomeMy WebLinkAbout07 06 2022 CMCHUBBUCK 1 0 n H 0 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