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HomeMy WebLinkAbout02 07 2024 CMCHUBBUCK 10AH0 City of Chubbuck Council Meeting Minutes February 7, 2024 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: Norman Reece, Dan Heiner, Roger Hernandez, and Melanie Evans. 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 Nick Sasser, Fire Chief Merlin Miller, Human Resource Director Scott Gummersall, City Treasurer Rich Morgan, and City Clerk Joey Bowers. APPROVAL OF MINUTES: January 17, 2024. Councilmember Evans motioned for approval of the Study Session and Council Meeting minutes. Councilmember Hernandez seconded motion for approval of minutes. Roll Call: Reece -yes, Heiner -yes, Hernandez -yes, Evans -yes, motion passed. PUBLIC HEARING: NOTICE IS HEREBY GIVEN that the City Council of the City of Chubbuck, Idaho, will conduct a Public Hearing in accordance with Idaho Code b3 -1311A, and with respect to the following items: to consider public comment regarding proposed fee increases in excess of five percent (5%) of the amount of the fee last collected or regarding proposed new fees with respect to Parks and Recreation Fees: Baseball: $90 + $3 transaction fee, Softball: $50 + $3 transaction fee, and T -Ball: $40 + $3 transaction fee). Community Services Director Devin Hillam presented proposed fees with respect to Parks and Recreation. Hillam stated that the proposed fees are the same amount the league had charged last year but now that the league was being handled internally those fees needed to be adopted and approved by the City Council. Mayor England declared the public hearing open for public comment. Resident Josh Ellis, was In Favor. Mr. Ellis stated that this was a great program and a huge benefit for the community. Due to no more public comment Mayor England closed the public hearing. GENERAL BUSINESS: 1. Adoption of Resolution 2024-01 Amended City Fees. (Council will discuss parks and recreation fees for the City). Councilmember Reece motioned for adoption of Resolution 2024-01 as presented. Councilmember Heiner seconded motion for adoption. Roll Call: Heiner -yes, Hernandez -yes, Evans -yes, Reece -yes, motion passed. 2. Request for Waiver of Improvements Located at 401 Lariat and the findings, facts and conclusions of law. (Council will discuss the application and if it meets City code). Applicant Candida Rowan presented a request for a waiver for frontage improvements for their parcel of land located at 401 Lariat. Due to the fact that the entire neighborhood of Sorrel Dr. and Lariat Ln, does not have sidewalks or a gutter system. Development Services Manager Sean Harris stated that this application had been reviewed by City Staff and recommended approval. The Greener Pastures Subdivision was a Bannock County subdivision recorded in 1962 and annexed into the City at a later date. The subdivision was developed to Bannock County standards at the time. No curb & gutter or sidewalk was ever constructed in the subdivision. The Greener Pastures Subdivision has only 1 access from Hawthorne Road and has no other vehicular access or connectivity to surrounding City streets. Frontage improvements like sidewalks, widening, etc. have not been required for other properties in the subdivision. Councilmember Evans motioned for approval for a request for the waiver of frontage/public street improvements located at 401 Lariat and the findings, facts and conclusions of law, as presented. Councilmember Hernandez seconded motion for approval of minutes. Roll Call: Hernandez -yes, Evans -yes, Reece -yes, Heiner -yes, motion passed. Attorney Ryan Lewis went over the process outlined with in 17.12 of City code for the approval of a preliminary plat and a final plat and what information the Council should be used in their decision making. Attorney Lewis quoted portions of city code regarding the approval of the final plat, if the final plat and supporting documents substantially conform to the preliminary plat as previously approved. With respect to a preliminary plat, the Land Use Commission shall review the preliminary plat at a scheduled meeting and recommend to the Council whether to approve or disapprove the plat, as submitted, on the basis of whether it conforms to the criteria set forth in City Code. The commission shall making findings of whether to recommend approval of the preliminary plat, without or with conditions, or to recommend denial and such recommendation shall be supported in the minutes of the commission's meeting. The Council then shall consider the record and the recommendation of the commission and determine whether to approve or disapprove the preliminary plat. If the preliminary plat conforms to requirements of subsection 17.12.10013, or may conform to conditions of approval which are agreeable to the applicant, or their representative, the Council shall approve the preliminary plat. Attorney Ryan Lewis stated that the Council should make their decision for the approval or denial of a preliminary plat, or a final plat based on the information within the proper established record and not outside information. If any Councilmember receives information outside of the proper established record they should not consider that information when making a decision, and are required to disclose that information or conversation during the council meeting and before malting a decision. If any information outside of the established record effects their decision or causes them to change their decision which should only be based off the information within the established record that is available to everyone, then they should recuse themselves from making a decision on that business item. Because the applicant is entitled to a decision based on the proper record. 3. Approval of Philbin Crossing Final Plat and the findings, facts and conclusions of law. (Council will discuss the application and if it meets City code). Attorney Ryan Lewis asked if any Councilmember had any ex parte communication or received any information outside of the established record that needed to be disclosed for general business item #3. None were reported. Jason Linford from Sunrise Engineering represented the applicant. Mr. Linford presented a 5 lot final Plat for commercial building lots in the Philbin Crossing Subdivision. 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 the Philbin Crossing Final Plat including the findings, facts and conclusions of law with the conditions as presented by City Staff. Councilmember Heiner seconded motion for approval. Roll Call: Evans -yes, Reece -yes, Heiner -yes, Hernandez -yes, motion passed. 4. Approval of Cascade Falls at Harvest Springs Div. 1 Final Plat and the findings, facts and conclusions of law. (Council will discuss the application and if it meets City code). Attorney Ryan Lewis asked if any Councilmember had any ex parte communication or received any information outside of the established record that needed to be disclosed for general business item #4. None were reported. Applicant Ryan Satterfield presented a 6 lot final plat for commercial building lots in the Cascade Falls at Harvest Springs Subdivision Division 1. 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 Heiner motioned to approve Cascade Falls Final Plat including the findings, facts and conclusions of law with the conditions as presented by City Staff. Councilmember Hernandez seconded motion for approval. Roll Call: Heiner -yes, Reece -yes, Hernandez -yes, Evans -yes, motion passed. 5. Consider an Extension of Time for Brookstone Estates Div. 12, 13, and 14. (Council will discuss the application and if it meets City code). Applicant Dannis Adamson requested for an extension of time from 12 months to 24 months from the approval of the preliminary plat for Brookstone Estates Div. 12, 13, and 14. 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 Evans motioned to approve a two year extension of time from 12 months to 24 months from the approval of the preliminary plat for Brookstone Estates Div. 12, 13, and 14, as presented under the original application. Councilmember Hernandez seconded motion for approval. Roll Call: Reece -yes, Hernandez -yes, Evans -yes, Heiner -yes, motion passed. 6. Approval of Chubbuck Village Final Plat and the findings, facts and conclusions of law. (Council will discuss the application and if it meets City code). Attorney Ryan Lewis asked if any Councilmember had any ex parte communication or received any information outside of the established record that needed to be disclosed for general business item #6. Councilmember Hernandez disclosed that he was contacted by, and met with a resident about this application, and that the resident had expressed some concerns about the application and provided some information outside of the established record. Councilmember Hernandez stated that he then meet with City Staff to verify if the information provided beyond the proper record from this resident was correct and discovered that the information provided was incorrect. Councilmember Heiner disclosed that he was also contacted by a concerned resident who originally stated that he wanted to have a discussion about the Chubbuck Development Authority, but then started to express concerns about this application and wanted to provide information outside of the established record. Councilmember Heiner stated that he immediately stopped the conversation and let the resident know that he could not have this discussion on an application outside of a regularly scheduled council meeting. Councilmember Evans disclosed that she had been contacted and received information in the form of an email and text messages from a resident who had expressed some concerns about the application and the Chubbuck Development Authority (CDA) and provided some information outside of the established record. Councilmember Reece disclosed that he had been contacted by a resident to discuss this application and stated that he wanted to provide some additional information outside of the proper established record. Councilmember Reece stated that he did not meet with this resident, or have any discussions about this application, or reviewed any information outside of the established record for this application. All four Councilmembers stated that the information that had been provided by a resident outside of the established record, had not impacted or changed their ability to make a decision based on the information contained within the proper established record and as set forth by City Code. Jason Linford from Sunrise Engineering represented the applicant. Mr. Linford presented an application for a final plat for the Chubbuck Village Subdivision. The applicant proposed to subdivide 5.22 acres into 5 commercial/mixed use lots, 1 common area lot, and 1 non -buildable lot. Mr. Linford also stated that the final plat substantially conforms to the preliminary plat as previously approved. Applicant Josh Ellis gave additional information on the use and future plans for this development. Mr. Ellis also stated that the final plat substantially conforms to the preliminary plat. 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. City Staff agreed that the final plat did substantially conform to the preliminary plat as previously approved. Councilmember Hernandez motioned to approve the Chubbuck Village Final Plat including the findings, facts and conclusions of law with the conditions as presented by City Staff. Based on the information within the established record that this application substantially conforms to the previously approved preliminary plat, as set forth within City Code. Councilmember Heiner seconded motion for approval. Roll Call: Hernandez -yes, Evans -yes, Heiner -yes, Reece -yes, motion passed. CLAIMS: City of Chubbuck claims for February 7, 2024 as presented to Mayor England and Council. Councilmember Reece motioned to approve the City of Chubbuck Claims as presented. Councilmember Hernandez seconded motion for approval. Roll Call: Evans -yes, Heiner -yes, Reece -yes, Hernandez -yes, motion passed. ADJOURN: Mayor Kevin England adjourned at 6:44.