HomeMy WebLinkAbout04 27 2010 CM
47
COUNCIL MEETING MINUTES
April 27, 2010
Minutes of a regular meeting held at the Chubbuck City Council Chambers, April 27, 2010.
Present: Mayor Steven M. England, Council members Kent Kearns, Kermit G. Morrison, Kevin
England, Josh Ellis, Attorney Thomas J. Holmes, City Clerk Ron C. Conlin and City
Treasurer-Deputy Clerk Richard Morgan. Public Work Director Steven N Smart was
excused.
Meeting was called to order at 7:30 p.m. by Mayor England.
PLEDGE ALLEGIANCE TO THE FLAG was led by Curtis Barnes, Troop #343.
INVOCATION was given by Father Enrique, St. Paul’s Catholic Church.
APPROVAL OF MINUTES - Mayor England asked for corrections and additions to the regular
meeting minutes of April 13, 2010.
Councilman Kearns moved to approve the regular meeting minutes of April 13, 2010,
subject to typo correction, Councilman Morrison seconded. Roll Call Vote: Morrison, yes;
England, yes; Ellis, yes; Kearns, yes.
PROCLAMATION - “BIKE TO WORK PROCLAMATION” - Mayor England read “Bike to
Work” Proclamation in full.
Councilman Kearns moved to authorize Mayor England to proclaim May, 2010 as Bike to
Work Month, May 17-21, 2010 as Bike to Work Week, and May 21, 2010 as Bike to
Work Day, Councilman Morrison seconded, Roll Call Vote: Kearns, yes; Ellis, yes;
England, yes; Morrison, yes.
PUBLIC HEARING - An application by Dale Willie, 2409 S. Fairway, Pocatello, Idaho 83201
for a zoning change from (R-2), Residential to (I), Industrial at 4532 Burley Drive to
allow building of storage units. Land Use and Development Commission recommended
approval of the zoning change.
Dale Willie, 2409 S. Fairway, Pocatello, Idaho represented Willie Investments explaining
the request for a zoning change at 4532 Burley Drive.
Paul Andrus, Asst City Planner stated Staff recommends re-zoning.
Mayor England declared the public hearing open asking for comments in favor of, neutral
or opposed. There being no comment, Mayor England declared the public hearing closed.
49
COUNCIL MEETING MINUTES - (cont.)
April 27, 2010
PUBLIC HEARING - DALE WILLIE - (cont.)
Councilman Kearns moved to accept the Land Use & Development Commission’s
recommendation to approve the application by Dale Willie for a zoning change at 4532
Burly Drive from (R-2), Residential to (I), Industrial, Councilman Ellis seconded. Roll
Call Vote: Morrison, yes; England, yes; Ellis, yes; Kearns, yes.
PUBLIC HEARING - An application by Darris Ellis, 4470 Wasatch Street, Chubbuck, Idaho
83202 for annexation and zoning change from, (R-1), Residential and County Agricultural
to a (PUD), Planned Unit Development, together with a preliminary plat, (Copperfield
Landing Division No. 1), on a portion of the property. The property is approximately 35
acres, located north of Dell and south of Siphon Road. Land Use and Development
recommended approval.
Mayor England asked if there are any conflict of interest on the Council. Councilman Josh
Ellis stated he recuses himself. Councilman Ellis stated his father is Darris Ellis.
Councilman Josh Ellis set in the audience.
Mitchell Greer, RMES, 2043 E. Center, Pocatello, Idaho represented Ellis
Construction/Life Style Homes on the project explaining the proposal. Mr. Greer stated
this is a mixed use project. Mr. Greer presented and explained the PUD, Planned Unit
Development Plan. Mr. Greer stated he feels this plan is within the planning document,
Our Valley, Our Vision prepared by the City of Chubbuck. Mr. Greer stated the Land Use
and Development Commission did recommend the plan be approved by City Council,
unanimously.
Darris Ellis, 4470 Wasatch, Chubbuck gave a history of his development in the City of
Chubbuck. Mr. Ellis explained why he is doing the development this way. Mr. Ellis stated
he owns all the property at this time.
City Asst Planner Paul Andrus stated City Staff has reviewed the application and finds the
application conforms with City Code. City Staff Report is attached.
Mayor England declared the public hearing open asking for comments in favor of, there
being no comment, Mayor England asked if anyone wants to speak to the neutral position,
there being no comment, Mayor England asked for comments in opposition.
Mark Cowgill, 764 Sheba stated he is against this development. Mr. Cowgill stated if this
Planned Unit Development is approved there are to many unknowns. Mr. Cowgill stated
he would like to see the development continue as (R-1).
51
COUNCIL MEETING MINUTES - (cont.)
April 27, 2010
PUBLIC HEARING - DARRIS ELLIS PLANNED UNIT DEVELOPMENT - (cont.)
Jeff Mansfield, 558 Dell spoke against the proposal. Mr. Mansfield expressed the
following concerns:
1. Increase in crime if the PUD proposal is approved.
2. Residents enjoy the rural neighborhood they live in.
3. Felt some of the statistics Mr. Greer quoted were wrong, or did not apply to this
area.
4. Traffic concerns.
5. Felt there was lots of room for commercial on Yellowstone Ave. Suggested the
City focus on commercial in downtown area.
6. Felt there is plenty of affordable housing in Chubbuck without this proposal.
7. Too much density in this residential neighborhood.
Larry Bull, 5787 W. Portneuf, Inkom, Idaho spoke against the proposal and stated he
developed the Homestead Estates Subdivision. Mr. Bull stated the Homestead Estates
Subdivision was developed (R-1), not as a Planned Unit Development. Mr. Bull explained
why and how he developed as (R-1). Mr. Bull stated he is not opposed to the proposal if it
is developed as (R-1). Mr. Bull expressed concern about where irrigation water is coming
from, the Homestead Subdivision was required to have an irrigation water system, has
there been a plan for the infrastructure for a plan like this. Discussion about an easement
Mr. Bull said he was granted from Siphon Road across the property, Mr. Bull stated the
easement is on record. Mr. Bull stated he would like the property to stay (R-1).
Glen Schwartz, 762 Homestead spoke against the proposal. Mr. Schwartz stated law
enforcement costs are going to go up if approved. Mr. Schwartz wants the proposal to
stay (R-1).
Thomas Ward, 649 Dell spoke against the proposal. Mr. Ward expressed concern about
the traffic flow this project will cause on Dell Road.
Tonya Brown, 730 Dell Road spoke against the proposal because of traffic concerns.
Doug Chambers, 763 Sheba spoke against the proposal. Mr. Chambers expressed concern
about the unknown on the proposal and traffic concerns.
Tracy Anderson, 843 Homestead spoke against the proposal. Tracy Anderson stated their
neighborhood should stay (R-1), with larger homes.
53
COUNCIL MEETING MINUTES - (cont.)
April 27, 2010
PUBLIC HEARING - DARRIS ELLIS PLANNED UNIT DEVELOPMENT - (cont.)
Ted Corrington, 5065 Cole spoke against the proposal. Mr. Corrington expressed concern
about traffic on Cole Street. Mr. Corrington expressed concern about apartments on Cole,
the manner in which they are cared for.
Ginger Gugelman, 782 Sheba spoke against the proposal. Expressed concern about traffic
flow and high density of homes.
Charlie Snyder, 5480 Justin spoke against the proposal. Concerned about element of
people the Planned Unit Development will attract.
Brent Marshall, 802 Sheba spoke against the proposal. Concern about too many cars
parked on the streets. Concerned his valuation on his home lowering. Would like to see
neighborhood stay (R-1).
Andrew Walsh, 748 Sheba spoke against the proposal. Mr. Walsh expressed concern
about high density neighborhood and property valuation decline.
Larry Talgrow, 5486 Jerry spoke against the proposal. Mr. Talgrow expressed concern
about traffic safety.
Karen Roberts, 630 Jeffery spoke in opposition to the proposal. Concern about safety in
the area.
Mayor England declared the public hearing closed.
Mitchell Greer, RMES, 2043 E. Center, Pocatello, Idaho stated this project provides
housing opportunity for everyone. Mr. Greer stated there are people looking for smaller
homes with less landscaping. Mr. Greer explained how this project will reduce traffic in
the community. Mr. Greer stated this plan follows the guidelines of the City Plan. Mr.
Greer stated this type of project is needed at this time. Mr. Greer stated every facet of this
plan will have to come back before the council. Mr. Greer stated all the homes are
individually owned. Mr. Greer stated he did not think these will be high crime units.
Darris Ellis, 4470 Wasatch addressed the sewer, traffic, high density issues.
Attorney Holmes stated from the city’s standpoint, Cole Road is a collector, the easement
that Larry Ball referred to is a title issue that Darris Ellis is going to have to solve on his
own, this is not a City issue.
55
COUNCIL MEETING MINUTES - (cont.)
April 27, 2010
PUBLIC HEARING - DARRIS ELLIS PLANNED UNIT DEVELOPMENT - (cont.)
Councilman Kearns stated he would like to see the density calculations to see how dense
this really is.
Councilman England moved to table the application by Darris Ellis for annexation and
zoning changes from, (R-1) Residential and County Agricultural to (PUD), Planned Unit
Development together with a preliminary plat, (Copperfield Landing Division No. 1) on a
portion of property, Councilman Morrison seconded. Roll Call Vote: Morrison, yes;
England, yes; Ellis, recused himself; Kearns, yes.
COUNCIL MAY WISH TO APPROVE AND SIGN LETTER AUTHORIZING POLICE
CHIEF RANDY SEVERE TO SERVE AS A MEMBER OF THE DISTRICT 5 DIGITAL
INTEROPERABILITY GOVERNANCE BOARD - Chief of Police Randy Severe explained
what the District 5 Digital Interoperability Governance Board, (DIGB) is.
Councilman England made motion Mayor and Council approve and sign letter authorizing
Police Chief Randy Severe to serve as a member of the District 5 Digital Interoperability
Governance Board, Councilman Morrison seconded. Roll Call Vote: Kearns, yes; Ellis,
yes; England, yes; Morrison, yes.
ORDINANCE - Amending Section 5.28.030 of the Chubbuck Municipal Code to allow an
exception to the massage therapy licensing requirements for student interns; adding
Section 5.28.035 massage therapy interns.
Attorney Holmes read proposed ordinance by title only for the first reading.
Council tabled the ordinance until the May 11, 2010 Council Meeting.
ORDINANCE #684 - Adding Sections 18.12.070, power generating windmill; providing
supplemental controls and guidelines relating to the issuance of a conditional use permit.
Ordinance #684 was adopted at the April 13, 2010 without a full reading, or dispensing of
the rule of reading an ordinance in full one reading.
Councilman Kearns moved to dispense with rule of reading Ordinance #684 once in full,
Councilman Ellis seconded. Roll Call Vote: Morrison, yes; England, yes; Ellis, yes;
Kearns, yes.
Councilman England moved to adopt Ordinance #684, Councilman Morrison seconded.
Roll Call Vote: Kearns, no; Ellis, no; England, yes; Morrison, yes; Mayor England, yes.
Motion passes 3-2.
57
COUNCIL MEETING MINUTES - (cont.)
April 27, 2010
CLAIMS - Computer print -out claims presented to Mayor England and Council.
Councilman Kearns moved to approve computer print -out claims as presented,
Councilman England seconded. Roll Call Vote: Kearns, yes; Ellis, yes; England, yes;
Morrison, yes.
At 10:05 p.m, Councilman Morrison moved, Councilman England seconded, with full council
approval to adjourn meeting.
teven M. England, ayor
la /'�7 Z
Ron C. Conlin, City Clerk