HomeMy WebLinkAbout04 19 2023 CM/a �'�' -
CHUBBUCK
I o A H 0
City of Chubbuck
Council Meeting Minutes
April 19, 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 Reece
COUNCIL PRESENT: Melanie Evans, Norman Reece, and Dan Heiner.
STAFF MEMBERS PRESENT: Mayor Kevin England, City Attorney Ryan Lewis, Public Works
Operations Manager Kami Smoot, Community Services Director Devin Hillam, 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.
Mayor England excused Councilmember Roger Hernandez from the meeting.
APPROVAL OF MINUTES: April 5, 2023.
Councilmember Reece motioned for approval of the Study Session and Council Meeting minutes.
Councilmember Heiner seconded motion for approval of minutes.
Roll Call: Evans -yes, Reece -yes, Heiner -yes, motion passed.
GENERAL BUSINESS:
1. Approval of Pine Tree Subdivision Short Plat and the findings, facts and conclusions of
law. (Council will discuss the application and if it meets City code).
Chris Adams, Creek Hollow & Associates, represented the applicant. Mr. Adams
presented a 1 building lot. Mr. Adams stated that the applicant has requested to waive the
50' right-of-way requirement back to 25' as it is currently constructed.
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.
Councilmember Heiner motioned to approve the Pine Tree short plat including the findings of
facts and conclusions of law as presented.
Councilmember Evans seconded motion for approval.
Roll Call: Reece -yes, Heiner -yes, Evans -yes, motion passed.
2. Approval of Items for Auction or Disposal.
(Council will discuss City property for auction or disposal).
Councilmember Heiner motioned for approval of items for auction or disposal.
Councilmernber Reece seconded motion for approval.
Roll Call: Heiner -yes, Evans -yes, Reece -yes, motion passed.
3. Acceptance of Offer of Dedication for Alpine Crossing Div. 1 B.
(Council will discuss if all city requirements have been inspected and completed).
Development Services Manager Sean Harris stated that all city requirements had been
inspected and completed and recommend approval.
Councilmember Reece motioned for acceptance of offer of dedication for Alpine Crossing Div.
1B. Councilmember Evans seconded motion for acceptance.
Roll Call: Evans -yes, Reece -yes, Heiner -yes, motion passed.
4. Council will review existing dark fiber lease of the Chubbuck Development Authority with
Directcom and whether to accept the proposed Assignment of the lease.
Executive Director Devin Hillam presented existing dark fiber lease with Directcom.
Councilmember Reece was concerned about the wording in paragraph 10
(indemnification).
Councilmember Reece motioned to accept the proposed assignment of the lease from the
Chubbuck Development Authority, conditional upon the revision in paragraph 10
(indemnification), and affirmative representation from Directcom that there is no pending
litigation. Councilmember Heiner seconded motion for approval.
Roll Call: Reece -yes, Heiner -yes, Evans -yes, motion passed.
Attorney Ryan Lewis asked for clarification on the revised wording in paragraph 10.
Councilmember Reece motioned to accept the proposed assignment of the lease from the
Chubbuck Development Authority, conditional upon the revision in paragraph 10
(indemnification) by adding paragraph "D" to sub section 8 affirmative representation from
Directcom that there are no current or pending litigation that could be raised in section 7.3 of the
lease agreement. Councilmember Heiner seconded motion for approval.
Roll Call: Heiner -yes, Evans -yes, Reece -yes, motion passed.
5. Council to consider whether to declare Lot 13 Block 1 and Lot 3 Block 3 of The Grove —
Division No. 1 as surplus property or property which is underutilized or which is not used for
public purpose; whether to set a minimum value for which are intended for disposal; and
whether to impose any other conditions or terms of the property disposals.
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.
Councilmember Heiner motioned to declare Lot 13 Block 1 and Lot 3 Block 3 of The Grove —
Division No. 1 as Surplus Property. 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; 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 aires to assigned to consent to not
protest a future canal trail, 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.
Councilmember Evans seconded motion for approval.
Roll Call: Evans -yes, Reece -yes, Heiner -yes, motion passed.
6. Discussion on scheduling Study Sessions about the Fire Department and Police
Department's future needs.
Mayor Kevin England asked for clarification from the Council. The Council directed
the Mayor to schedule department presentations on future needs during regular Council
Study Sessions as availability allows throughout the year.
CLAIMS:
1. City of Chubbuck claims for April 19, 2023 as presented to Mayor England and
Council.
Councilmember Reece motioned to approve the City of Chubbuck Claims as presented.
Councilmember Heiner seconded motion for approval.
Roll Call: Reece -yes, Heiner -yes, Evans -yes, motion passed.
ADJOURN: Mayor Kevin England adjourned at 6:21.
J e -Ci Clerk Kevin En and- or
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