HomeMy WebLinkAbout01 22 2013 CMCity of Chubbuck
Council Meeting Minutes
January 22, 2013
7:00 p.m.
Minutes of a regular Council Meeting held at the Chubbuck City Council Chambers, January 22,
2013.
Present: Mayor Steven England, Council Members: Josh Ellis, Kevin England, Brent Marshall,
Kermit Morrison. Attorney Thomas Holmes, Public Works Director Steven Smart, City Clerk
Rich Morgan.
The meeting was called to order at 7:00pm by Mayor Steven England.
The Pledge of Allegiance to the Flag was led by Lane Marley from Cub Scout Pack 347.
Invocation was given by Aaron Harker from the Paradise Ward of the Church of Jesus Christ of
Latter -day Saints.
Approval of Minutes - Council Member England moved to approve the regular meeting minutes
of January 8, 2013. Council Member Marshall seconded. Roll call vote: England -yes, Ellis -yes,
Marshall -yes, Morrison -yes.
Public Hearing on an application by Mike Dance, 209 W. Siphon Rd. for a change in land use
from R2 to PUD with a preliminary plat and preliminary development plan. Rodney Burch of
Dioptra Engineering representing Mike Dance explained the project. Mr. Dance is proposing 7
buildings each containing 4 rental units. The lot is approximately 2 acres. 24 of the units will be
two bedroom and 4 units will be 3 bedroom. The existing home facing Siphon Road will remain.
The open space requirement is met. The density requirement is met. There will be a utility
easement required on Siphon Rd. Mr. Dance is asking for a waiver of the requirement that each
unit has 100sq. ft. of private outdoor space for each unit. Rather they will provide 400 sq. ft. of
shared paved space between each unit. The use of secondary irrigation water is required.
However, it is not feasible to require this particular development to use the irrigation water at this
time. It is not the developers intention to fence the property.
Mayor England declared the public hearing open.
Glen Schwartz, 762 Homestead, stated that he would like to ensure the City is not expending
funds on an irrigation project for this development.
Julie Austin, 201 W. Siphon Road, Ms. Austin would like a privacy fence between the project
and her property. The current fence is barbed wire. Ms. Austin would like to ensure her
irrigation turns are not going to be interrupted. Ms. Austin heard Mr. Burch mention a berm on
the West side of the property. She would like a berm on her side, the East side, of the property.
Mayor England declared the public hearing closed.
Council Meeting Minutes - Continued 7
January 22, 2013
Zone Change for property at 209 W. Siphon Rd from R2 to PUD. Council Member England
moved to change the zoning for 209 W. Siphon Rd. from R2 to PUD. Council Member Ellis
seconded. Roll call vote: England -yes, Ellis -yes, Marshall -yes, Morrison -yes.
Approval of a Preliminary Plat for Dance PUD located at 209 W. Siphon Rd. Council
Member Ellis moved to approve the preliminary plat for Dance PUD with the inclusion of the
utility easement on Siphon Rd. and a waiver for the utilization of secondary irrigation water and
a waiver for the required 100 sq. ft. of private outside area for each unit. Council Member
England seconded. Roll call vote: England -yes, Ellis -yes, Marshall -yes, Morrison -yes.
Acceptance of a Preliminary Development Plan for Dance PUD located at 209 W. Siphon
Rd. Council Member England moved to accept the preliminary development plan for Dance
PUD. Council Member Morrison seconded. Roll call vote: England -yes, Ellis -yes, Marshall -yes,
Morrison -yes.
Ordinance allowing each residence to have up to 6 hen chickens and excludes bees as
livestock. First reading. The proposed ordinance now includes the requirement for a coop and
enclosed area for the hens. Signatures for permission from neighbors has not been included as
--.> this could be a violation of personal property rights. When there is enforcement needed it would
be through the nuisance ordinance.
Appeal of denial of Taxi Driver Permit for Harry Blum. Chief Severe explained the process
and facts surrounding his decision to deny the permit. Mr. Blum explained his perspective on the
facts presented. Mr. Blum's employer testified on his behalf. Council Member Ellis moved to
uphold the denial of Taxi Driver Permit for Harry Blum. Council Member Marshall seconded.
Roll call vote: England -yes, Ellis -yes, Marshall -yes, Morrison -yes.
Appeal of denial of Day Care Employee License for Stevie Njorobe. Chief Severe explained
the process and facts surrounding his decision to deny the license. Ms. Njorobe did not appear
before the council. Council Member Ellis moved uphold the denial of the day care employee
license for Stevie Njorobe. Council Member England seconded. Roll call vote: England -yes,
Ellis -yes, Marshall -yes, Morrison -yes.
Computer printout claims for January 22, 2013 were presented to Mayor England and Council.
Council Member England moved to approve the claims. Council Member Morrison seconded.
Roll call vote: England -yes, Ellis -yes, Marshall -yes, Morrison -yes.
Executive Session - Council Member England moved to go into executive session 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. Per Idaho Code 67- 2345(1)(f). Council Member Morrison seconded. Roll call
vote: England -yes, Ellis -yes, Marshall -yes, Morrison -yes
Council Meeting Minutes - Continued
January 22, 2013
W
Council Member Ellis moved to take the Council out of executive session. Council Member
Marshall seconded. Roll call vote: England -yes, Ellis -yes, Marshall -yes, Morrison -yes
No decision was made on the executive session item.
At 9:32pm Council Member England moved to Adjourn. Council Member Marshall seconded
and the full Council approved.
t M. Engla4,Mayokr
Rich Morgan, City Clerk