City of Buhl | minutes | meeting 2025-10-27 | October 27, 2025 source: https://www.cityofbuhl.us/uploads/4/7/1/1/47114749/minutes_10.27_approved.pdf COUNCIL WORKING MEETING October 27, 2025 203 Broadway Ave N PRESENT: Marla Sisson Council President Michael Higbee Council Member Sue Gabardi Council Member Amanda Hawkins Council Member Chelsea Popplewell Clerk Andrew Wright City Attorney Jason Scott Public Works Director Jazmine Mills Planning and Zoning Nestor Madrigal HMH Engineering Concerned Citizens PLEDGE OF ALLEGIANCE CONFIRMATION OF QUORUM: Chelsea Popplewell confirmed a quorum. Mayor McClain was not in attendance. PUBLIC HEARING #1: Opened at 6:30 PM. No Council member declared any recusal or ex parte discussion. Jazmine explained an area of impact resident applied to build a home in the area of impact near the airport zone and Twin Falls County noted that they could not because there is no airport district column in our schedule of uses. The airport board focused on residential and public land uses but left commercial blank. Amanda clarified what leaving commercial blank meant and Jazmine explained that commercial uses would not be allowed without a code amendment. There was no testimony in support of the proposed amendment. There was no testimony in opposition to the proposed amendment. There was no neutral testimony on the proposed amendment. The hearing was closed at 6:35 PM. PUBLIC HEARING #2: Opened at 6:35 PM. No Council member declared any recusal or ex parte discussion. Jazmine explained that this amendment would use the boundaries of the street names instead of legal descriptions because properties can be subdivided and then legal descriptions change. This amendment would also update outdated language and procedures. There was no testimony in support of the proposed amendment. There was no testimony in opposition to the proposed amendment. There was no neutral testimony on the proposed amendment. The hearing was closed at 6:39 PM. PUBLIC HEARING #3: Opened at 6:39 PM. No Council member declared any recusal or ex parte discussion. David Thibault from EHM Engineers spoke on behalf of Brian Ratzlaff. He requested a rezone to R6 for a portion of the parcel and the remaining south portion would remain Ag20 and would remain 20 acres. He addressed the silage storage and asked for some time to remove that. The rezone would be to develop a subdivision in the R6 portion. Marla had some questions on the layout of the proposed neighborhood. Amanda addressed the silage storage and the removal of said silage. Amanda clarified what leaving commercial blank meant and Jazmine explained that commercial uses would not be allowed without a code amendment. Denise Jarolimek, Buhl, ID, neutrally addressed the Council regarding the rezone. She questioned how many total acres are being proposed for the rezone and it was confirmed it would be a 30 acre rezone with 20 remaining Ag. She also asked about city water and sewer and who would be responsible for installing that, if it’s not there already. It was confirmed the developer would be responsible. Jake Speck, Buhl, ID, neutrally addressed the Council regarding the rezone. His concern was what would be done if the rezone was approved and there continued to be silage. Michael confirmed that it would be enforceable. There was some additional discussion regarding the ag uses on the land. It was also noted that it is important to remember that this is specifically for the rezone of the parcel, not to discuss development plans. If it is rezoned, anything that is an allowable use is permitted on that land. There was no testimony in support of the proposed amendment. There was no testimony in opposition to the proposed amendment. David Thibault provided a rebuttal to the comments made. He addressed the acreage, the utility extension and need for a traffic study. He asked that there be a bit of a delay on the publication of the rezone to allow for them to remove the silage pits. The hearing was closed at 6:56 PM. CONSENT AGENDA: 1. Minutes of October 13, 2025– Regular Session 2. Claims for Payment 3. Clerk-Treasurer Report Michael moved to approve the consent agenda. Sue seconded the motion. Amanda asked that there be an edit to the minutes from October 13th. Michael modified his motion to approve the consent agenda excluding the minutes of the October 13th meeting. Sue seconded the motion. Marla noted that there was a typo on one of the votes that also needed to be edited. There was a roll call vote on the motion. Marla voted yes, Michael voted yes, Amanda voted yes, and Sue voted yes. The motion passed. Amanda made a motion to have the minutes to include that council was ‘advised by the city attorney’ and to change Marla’s vote on the intergovernmental agreement. Michael seconded the motion. Michael asked generally if Amanda’s comment was something that should have been said. Michael voted yes, Amanda voted yes, Sue abstained and Marla voted yes. The motion passed. UNFINISHED BUSINESS: Review and Consideration of AT&T Cell Tower Lease Options: Chelsea noted that she put the item back on the agenda after it was tabled. Marla started the conversation regarding the different options. Chelsea explained that we budget $25,000 from this each year. Andrew suggested that we could counter their offer or negotiate the terms. Michael brought up using a lump sum to not increase property taxes or a project. Marla moved to counter the ATT cell tower lease option to take the lump sum of $314,476 but have our lease go until April 15, 2055. There was some discussion regarding the lump sum amount. There was no second to the motion. The motion died and was tabled. NEW BUSINESS: Review and Consideration of Ordinance amending Title 9, Chapter 8, Section 1—Schedule of Land Uses: Add Airport Zoning District (AZ) column and the residential allowable uses for that zone: All members of the City Council having been furnished a copy of the proposed Ordinance No. 2025-13 and being fully apprised of the content and purpose of said Ordinance, Michael moved that the provisions of Idaho Code Section 50- 902, which require said Ordinance to be read on three (3) different days, two (2) readings by Title only and one (1) reading which shall be in full, be dispensed with and that said Ordinance be passed upon one (1) reading by title only. Michael requested a roll call vote on the motion. Amanda seconded the motion. There was no discussion. There was a roll call vote. Amanda voted yes, Sue voted yes, Marla voted yes, and Michael voted yes. The motion passed. Michael moved to approve Ordinance 2025-13 amending Title 9, Chapter 8, Section 1—Schedule of Land Uses: Add Airport Zoning District (AZ) column. Amanda seconded the motion. Marla read the title of the ordinance. There was no discussion. There was a roll call vote. Sue voted yes, Marla voted yes, Michael voted yes, and Amanda voted yes. The motion passed. Review and Consideration of Ordinance amending Title 6, Chapter 4, relating to the municipal airport, to provide clearer language regarding boundaries, authorities having jurisdiction, and operational requirements: All members of the City Council having been furnished a copy of the proposed Ordinance No. 2025-14 and being fully apprised of the content and purpose of said Ordinance, Michael moved that the provisions of Idaho Code Section 50-902, which require said Ordinance to be read on three (3) different days, two (2) readings by Title only and one (1) reading which shall be in full, be dispensed with and that said Ordinance be passed upon one (1) reading by title only. Michael requested a roll call vote on the motion. Amanda seconded the motion. There was no discussion. There was a roll call vote. Marla voted yes, Michael voted yes, Amanda voted yes, and Sue voted yes. The motion passed. Michael moved to approve Ordinance 2025-14 amending Title 6, Chapter 4, relating to the municipal airport, to provide clearer language regarding boundaries, authorities having jurisdiction, and operational requirements. Amanda seconded the motion. Marla read the title of the ordinance. There was a roll call vote. Michael voted yes, Amanda voted yes, Sue voted yes, and Marla voted yes. The motion passed. Review and Consideration of rezone request by Brian Ratzlaff for parcel RPB72510066160 to extend the R 6 Medium Density area and retain the portion south of the canal as AG 20 Agricultural: Michael moved to approve the rezone request Brian Ratzlaff for parcel RPB72510066160 to extend the R 6 Medium Density area and retain the portion south of the canal as AG 20. Amanda seconded the motion. There was some discussion with the public works director on the water capacity in the McCollum area as well as brief discussion on the future plans after this rezone. Andrew had a follow up question for David on the timing of the rezone. David clarified that they would need some time to move the silage off the property in order to be compliant. There was a roll call vote. Amanda voted yes, Sue voted yes, Marla voted yes, and Michael voted yes. The motion passed. Review and Consideration of Surplus Resolution for Public Works: Michael moved to approve resolution number 2025-16, the surplus of the 1994 Ford dump truck and the 1995 Chevy pickup truck from the public works department. Sue seconded the motion. There was a brief discussion about auction and the vehicles. Sue voted yes, Marla voted yes, Michael voted yes, and Amanda voted yes. Review and Consideration to move to public hearing to establish an ordinance for regulations for public and commercial swimming pool licensing and inspection in the city of Buhl; providing for definitions, inspection and licensing requirements, enforcement, fees, and penalties: Jason Scott spoke about the deregulation of the health and safety standards from the State level and the need for a local ordinance. Amanda made a motion to move to public hearing to establish an ordinance for regulations for public and commercial swimming pool licensing and inspection in the city of Buhl; providing for definitions, inspection and licensing requirements, enforcement, fees, and penalties. Michael seconded the motion. There was no further discussion. Marla voted yes, Michael voted yes, Amanda voted yes, and Sue voted yes. The motion passed. Lifeguard Certification Cost: Jason Scott described the proposed payment plan and internal discussion regarding the City paying for the lifeguard certification cost and if they work the entire year, nothing is taken out of their paychecks for the certification. Instead of the cost being held out of their checks each month, if they leave the City mid season, the City is proposing to take some out of their last check to recoup the cost of certification. Michael asked that admin write something up to show Council so that everyone is on the same page. There was some additional conversation regarding certification cost and payback. MAYOR & COUNCIL COMMENTS: Marla read the below statement. We need to make sure that we comply with the law regarding employee privacy issues. If a member of City Council would like to discuss any issues pertaining to complaints, discipline, etc., of a city employee, those will first need to be discussed with the mayor, who is the chief city administrator per Idaho Code 50-602. After review of the complaint, discipline, etc., if it needs to go before City Council, it will be listed under an executive session on the upcoming meeting agenda. Amanda asked about the water study last year that was completed. Jason said that is the water study that is currently going on and has not been completed. He stated there have been no results provided. Marla stated that she went to the AIC conference last Thursday and there were several really good ideas and topics discussed. Executive Session: Michael moved to enter executive session with provision of Idaho Code 74-206, subsection 1.f: To communicate with legal counsel for the public agency to discuss the legal ramifications of and legal options for pending litigation, or controversies not yet being litigated but imminently likely to be litigated. He requested a roll call vote. Sue seconded the motion. There was a roll call vote. Michael voted yes, Amanda voted yes, Sue voted yes, and Marla voted yes. Executive session was entered at 7:45 PM. Attendees in the executive session were Michael Higbee, Marla Sisson, Sue Gabardi, Amanda Hawkins, Chelsea Popplewell, Jeremy Engbaum, Jazmine Mills, Jason Scott, and Andrew Wright. Michael moved to adjourn the Executive Session. Amanda seconded the motion. There was a vote; all voted yes. The Executive Session was adjourned at 8:28 PM. No action was taken. MEETING ADJOURNED –Michael moved that the meeting be adjourned; Sue seconded the motion. There was no discussion. All voted yes. The meeting was adjourned at 8:29 PM. Minutes prepared by Chelsea Popplewell, City Clerk