HomeMy WebLinkAbout10 06 2021 CM & Study SessionCITY OF CHUBBUCK
COUNCIL STUDY SESSION MINUTES
OCTOBER 6, 2021— 4:00PM
The Council Study Session Was Canceled.
CITY OF CHUBBUCK
COUNCIL MEETING MINUTES
OCTOBER 6, 2021— 6:OOPM
LOCATED AT
CHUBBUCK CITY HALL
290 EAST LINDEN AVE.
CALL TO ORDER: Mayor England.
PLEDGE ALLEGIANCE TO THE FLAG: Councilmember Lewis
COUNCIL PRESENT: Dan Heiner, Melanie Evans, Roger Hernandez, and Ryan Lewis.
STAFF MEMBERS PRESENT: Mayor Kevin England, Planning & Development Director Devin
Hillam, Police Chief Bill Guiberson, Planning Manager Don Matson, Development Services
Manager Sean Harris, Human Resource Director Scott Gummersall, City Treasurer Rich
Morgan, and City Clerk Joey Bowers.
APPROVAL OF MINUTES: September 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.
GENERAL BUSINESS:
Appeal the Denial of a Day Care License for Leesa Burmester.
(Council will discuss the denial of a day care license by the Chubbuck Police Department).
Chief Bill Guiberson presented the reasoning for the denial of the application.
Leesa Burmester explained her situation and that she was wanting to volunteer 16
hours a month at her grandson's daycare. Mrs. Burmester stated that she was still on
probation and was required to do random drug testing through her parole officer. If one of
those tests ever came back positive the Chubbuck Police Department would be the first
organization to be notified.
Telena Hall owner of Little Learners Preschool stated that Mrs. Burmester was
completely upfront and honest with her. Daycares are allowed to have people volunteer
up to 12 hours a month without applying for a license. Mrs. Hall also stated that
volunteers are never left in the classroom alone they always have a licensed teacher in the
classroom with them at all times.
Mrs. Burmester's daughter Lisa stated that she had seen the changes that her mom had
made to improve her life. It was her children that Mrs. Burmester took care of on a daily
basis. She also stated that she had no safety concerns for her own children or the other
children in the class room. The random drug testing that Mrs. Burmester is required to do
gives her an added level of reassurance.
The City Council wanted Mrs. Burmester to know that their number one priority was
the children, and that Chief Guiberson was following the city ordinance by denying this
application which then allowed her to appeal to the Council.
Councilmember Evans motioned for a 3 month provisional approval of a day care license for
Leesa Burmester, conditional upon at the end of the 3 months the Council will receive an update
letter from Mrs. Burmester's probation officer and the owner of Little Learners Preschool to
discuss this matter again at a future Council Meeting. Also conditional upon that the Chubbuck
Police to be notified if any of Mrs. Burmester's random drug test comes back positive, which
will be an immediate termination of a daycare license for Leesa Burmester.
Councilmember Lewis seconded motion for a provisional approval.
Roll Call: Evans -yes, Hernandez -yes, Lewis -yes, Heiner -yes, motion passed.
2. Approval of Copperfield Landing Div. 6 Preliminary Plat,
(Council will discuss the application and if it meets City code).
Brady Smith from Rocky Mountain Engineering represented the applicant. Mr. Smith
presented a 55 lot preliminary plat. Mr. Smith also stated that the applicant had met with
the surrounding neighbors and was able to address most of their concerns. Summit
Building Group is also working with City Staff to help create the envisioned park around
the City's well site as part of this development. Mr. Smith stated that the applicant plans
to complete the secondary irrigation facilities which will also include a pump station with
Copperfield Landing Div. 7.
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. Mr. Harris also stated that City Staff was supportive
of the completion of the secondary irrigation facilities with division 7. The Land Use and
Development Commission recommended approval.
Planning & Development Director Devin Hillam stated that the Public Works Director
had reviewed this application against the previously approved PUD by Mr. Darris Ellis,
and felt like this application complied with the guidelines of the PUD and also
recommended approval.
Councilmember Lewis motioned for approval of the Preliminary Plat for Copperfield Landing
Div. 6 as presented, conditional upon secondary irrigation facilities be required to be designed
and constructed in accordance with city code and completed with Div. 7, and park impact fees be
required in accordance with city code.
Councilmember Heiner seconded motion for approval.
Roll Call: Hernandez -yes, Lewis -yes, Heiner -yes, Evans -yes, motion passed.
3. Approval of Arbor Court Preliminary Plat.
(Council will discuss the application and if it meets City code).
Stuart Ward, DIOPTRA, represented the applicant. Mr. Ward presented an 11 lot
preliminary plat. The Sanitation and Fire departments had some concerns during design
review. The sanitation department stated that "The Sanitation Department had reviewed
the applicant's proposal for compliance. The turning radius does not accommodate
Chubbuck garbage service vehicles without using multiple point turns and backing.
Sanitation believes they can service the site with their trucks and a very careful driver."
The Fire Department stated that The Fire Department had reviewed the applicant's
proposal for compliance. The turning radius does not accommodate Chubbuck Fire
Department vehicles without using multiple point turns and backing. With the current
layout, the Fire Department only has one fire truck that could make the turn. All other
trucks will have to make multiple point turns to make the corner."
Development Services Manager Sean Harris stated that both departments had stated
that they would be able to service this development as presented. The applicant has
provided additional space in this development to allow for the sanitation, and fire
departments to more easily service this development. The Land Use and Development
Commission recommended approval.
Planning & Development Director Devin Hillam stated that the applicant did provide
a concept that would remove the center island and allow easier access for both the
sanitation and fire departments. Both City Staff and the applicant would prefer to
maintain the center island and would recommend approval as presented.
The City Council wanted to make sure there would be no parking signs posted and
stripping to prevent tenants from parking around the center island. The Council also
asked City Staff to work with the applicant on the best curbing to assist the sanitation and
fire departments with their turning radius.
Councilmember Lewis motioned for approval of the Preliminary Plat for Arbor Court as
presented, conditional upon secondary irrigation facilities be required to be designed and
constructed in accordance with city code, stripping around the center island be required and
include no parking signs, and final approval of the curbing around the center island by city staff.
Councilmember Evans seconded motion for approval.
Roll Call: Lewis -yes, Heiner -yes, Evans -yes, Hernandez -yes, motion passed.
4. Approval of the Annexation of 40 Acres of Land on the East Side of Yellowstone
Avenue, North of Adams Street and South of New Day Parkway.
(Council will discuss the annexation of 40 acres into the City limits).
Joel Dixon, Knudsen Engineering, represented the applicant. Mr. Dixon presented an
application for 40 acres to annexed into the Chubbuck City limits.
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 for approval of the annexation of 40 acres of land on the East
Side of Yellowstone Avenue, North of Adams Street and South of New Day Parkway, as
presented. Councilmember Heiner seconded motion for approval.
Roll Call: Evans -yes, Hernandez -yes, Heiner -yes, Lewis -yes, motion passed.
Approval to Amend the Comprehensive Plan Land Use Designation on 40 Acres of Land
on the East Side of Yellowstone Avenue, North of Adams Street and South of New Day
Parkway. (Council will discuss the application and if it meets City code).
Joel Dixon, Knudsen Engineering, represented the applicant. Mr. Dixon stated that
the applicant feels like these changes will better fit within the surrounding areas and
allow for a more gradual transition from residential to high density residential, and then
to commercial. The current comprehensive plan designates this area as Industrial which
would allow 70ft buildings to be built in this area. Mr. Dixon feels like this change would
be in the best interest for the community.
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. After a public hearing the Land Use and Development
Commission recommended approval.
Councilmember Heiner motioned for approval to amend the Comprehensive Plan Land Use
Designation on 40 Acres of Land on the East Side of Yellowstone Avenue, North of Adams
Street and South of New Day Parkway, as presented.
Councilmember Evans seconded motion for approval.
Roll Call: Hernandez -yes, Heiner -yes, Lewis -yes, Evans -yes, motion passed.
6. Approval of Initial Zoning on 21.07 Acres of Land as Commercial (C-2) and 18.43 Acres
of Land as Dense Residential (R-4) on the East Side of Yellowstone Avenue, North of
Adams Street and South of New Day Parkway.
(Council will discuss the application and if it meets City code).
Joel Dixon, Knudsen Engineering, represented the applicant. Mr. Dixon stated that
the applicant feels like these changes will better fit within the surrounding areas and
allow for a more gradual transition from residential to high density residential, and then
to commercial. Mr. Dixon feels like this change would be in the best interest for the
community. Mr. Dixon also stated that the applicant would like to eventually bring
Industry Way South from New Day Parkway and connect to the northern border of this
property as commercial development.
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. After a public hearing the Land Use and Development
Commission recommended approval.
Councilmember Heiner motioned for of Initial Zoning on 21.07 Acres of Land as Commercial
(C-2) and 18.43 Acres of Land as Dense Residential (R-4) on the East Side of Yellowstone
Avenue, North of Adams Street and South of New Day Parkway, as presented.
Councilmember Hernandez seconded motion for approval.
Roll Call: Heiner -yes, Lewis -yes, Evans -yes, Hernandez -yes, motion passed.
7. Approval of Zone Change 2.0 Acres of Land from Single Family Residential (R-1) to
Dense Residential (R-4) on the West Side of Philbin Rd. North of Sawtooth Street.
(Council will discuss a change in land use from Residential (R-1) to Residential (R-4)).
Stuart Ward, DIOPTRA, represented the applicant. Mr. Ward presented a 9 unit
subdivision, which will include eight twin homes and one single family residential. Mr.
Ward stated that the proposed development would meet the density standards for a
Limited Residential (R-2) zoning. But due to the size and shape of the parcel, and
easements on the property the applicant has requested for an (R-4) zone. Mr. Ward felt
like this application would clean up a blighted part of the community. The applicant is
willing to sign a zoning development agreement that would automatically revert this
property back to an (R-1) zone if any changes are made or the applicant does not move
forward with the proposed preliminary plat. Mr. Ward stated that in 2017 the applicant
applied for General Commercial (C-1) zoning, but due to not having a preliminary plat
the Land Use Board recommended denial of that zone change.
Councilmember Lewis stated that this parcel of property will only ever have access off
of Philbin Road because no other interior streets will be able to connect to it.
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. After a public hearing the Land Use and Development
Commission recommended denial of the application based on their opinion that due to
traffic concerns this application would not be in the best interest for the community.
Planning & Development Director Devin Hillam stated that he felt like the Land Use
Commission had made their recommendation based off the concerns of a neighborhood
and not what would be in the best interest for the community as a whole. Any
development on this property will need to access off of Philbin and will increase traffic.
Councilmember Heiner asked if the City had any planned improvements along this
section of Philbin Road. Mr. Hillam stated that the City did not have any current plans for
this section of Philbin. There is still a lot of land for potential development that as those
properties develop will be required to widen the road at the property owners' expense and
not the City's'. Mr. Hillam also stated that there is plans to install a roundabout on the
corner or Chubbuck Road and Philbin Road in 2022, which would be just north of this
development. The engineering firm studying that project has also stated that a roundabout
at that location will help address some of the traffic concerns along that section of Philbin
as well.
The Council felt like an (R-2) development was an appropriate transition/ buffer
between the existing single family homes and a main arterial street.
Councilmember Evans motioned for approval of a zone change on 2 acres of land from Single
Family Residential (R-1) to Dense Residential (R-4) on the West side of Philbin Rd. North of
Sawtooth Street; conditional upon a zoning development agreement be required that would
automatically revert this property back to an (R-1) zone if any changes are made or the applicant
does not move forward with the proposed preliminary plat; as presented.
Councilmember Hernandez seconded motion for approval.
Roll Call: Lewis -yes, Evans -yes, Hernandez -yes, Heiner -yes, motion passed.
Approval to Amend the Comprehensive Plan Land Use Designation on 4.18 Acres of
Land on Quinn Rd. West of Ronald Rd. from Commercial and Mixed Use to Mixed Use.
(Council will discuss the application and if it meets City code).
Joel Dixon, Knudsen Engineering, represented the applicant. Mr. Dixon stated that
the applicant is wanting to remedy this property so it has one zoning classification and
not be split between commercial and mixed use.
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. After a public hearing the Land Use and Development
Commission recommended approval.
Councilmember Lewis motioned for approval to amend the Comprehensive Plan Land Use
Designation on 4.18 acres of land on Quinn Rd. West of Ronald Rd., as presented.
Councilmember Hernandez seconded motion for approval.
Roll Call: Hernandez -yes, Lewis -yes, Heiner -yes, Evans -yes, motion passed.
9. Approval of Zone Change 4.18 Acres of Land on Quinn Rd. West of Ronald Rd. from
Limited Residential (R-2) to Dense Residential (R-4).
(Council will discuss a change in land use from Residential (R-2) to Residential (R-4)).
Joel Dixon, Knudsen Engineering, represented the applicant. Mr. Dixon stated that
the applicant currently does not have any set plans for this property, but this zone change
will allow the applicant to start that process.
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. After a public hearing the Land Use and Development
Commission recommended approval.
Councilmember Lewis motioned for approval of a zone change on 4.18 acres of land from
Limited Residential (R-2) to Dense Residential (R-4) on Quinn Rd. West of Ronald Rd., as
presented. Councilmember Heiner seconded motion for approval.
Roll Call: Lewis -yes, Heiner -yes, Evans -yes, Hernandez -yes, motion passed.
CLAIMS:
City of Chubbuck claims for October 6, 2021 as presented to Mayor England and
Council.
Councilmember Heiner motioned to approve the City of Chubbuck Claims as presented.
Councilmember Evans seconded motion for approval.
Roll Call: Heiner -yes, Evans -yes, Hernandez -yes, Lewis -yes, motion passed.
ADJOURN: Mayor Kevin England adjourned at 7:52.
This meeting was available to the public electronically and by phone.
Via Zoom Teleconferencing: Meeting ID: 895 3419 2442
4yers-City Clerk Kevin Engla ayor