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Home My WebLink About06 22 2010 CM77 COUNCIL MEETING MINUTES June 22, 2010 Minutes of a regular council meeting held at the Chubbuck City Council Chambers, June 22, 2010. Present: Mayor Steven M. England, Council members Kent Kearns, Kermit G. Morrison, Kevin England, Josh Ellis, Attorney Thomas J. Holmes, Public Works Director Steven M. Smart, City Treasurer Richard Morgan and City Clerk Ron C. Conlin. Meeting called to order at 7:30 p.m. by Mayor England. PLEDGE ALLEGIANCE TO THE FLAG was led by Jacob Andrus, Troop #330. APPROVAL OF MINUTES - Mayor England asked for corrections and additions to the regular meeting minutes of June 8, 2010. Councilman Kearns moved to approve the regular meeting minutes of June 8, 2010 as read, Councilman England seconded. Roll Call Vote: Kearns, yes; Ellis, yes; England, yes; Morrison, yes. BRISCOE 5TH ADDITION FINAL PLAT - Rodney Burch, Dioptra, 4741 Afton Way presented the Briscoe 5`h Addition Final Plat. Councilman Kearns asked about the pressure irrigation system requirement and Hiline Road access. Mr. Burch stated the irrigation system is included on this plat. Councilman England moved to approve the Briscoe 5`h Addition Final Plat as presented, Councilman Kearns seconded. Roll Call Vote: Morrison, yes; England, yes; Ellis, yes; Kearns, yes. FIREWORKS PERMIT APPLICATION - The following applicant has applied to sell fireworks from a fireworks stand at the following location: Stanley Brangham for Marine Corps League, RR#2, Box 50-13, Pocatello, Idaho 83202, Pow Wow Fireworks to sell at 4155 Yellowstone Ave, (north end of the parking lot of Dillards). 79 COUNCIL MEETING MINUTES - (cont.) June 22, 2010 FIREWORKS PERMIT APPLICATION- (cont.) Councilman Ellis moved to grant a fireworks permit to Stanley Brangham for Marine Corps League, Pow Wow Fireworks to sell fireworks at 4155 Yellowstone Ave, (north end of parking lot), subject to; 1) Fire Chief Eric King and Police Chief Randy Severe reviewing and approving the fireworks stand prior to their opening. 2) The fireworks stand applicant complying with all City and State Codes, Councilman Kearns seconded. Roll Call Vote: Kearns, yes; Ellis, yes; England, yes; Morrison, yes. BUSINESS LICENSE APPLICATION - Shawn Gravelle, Mental Health Specialists, LLC, 771 Pinewood has applied for a business license to operate a community mental health agency at 210 W. Burnside Ave, Suite A. Richard Boyce, 1519 Bench Road, Pocatello, Idaho explained his business, (attached). Councilman Ellis moved to grant Shawn Gravell, Mental Health Specialists a business license to operate a community mental health agency at 210 W. Burnside, Suite A, Councilman Kearns seconded. Roll Call Vote: Kearns, yes; Ellis, yes; England, yes; Morrison, yes. RESOLUTION #6-2010 - Authorizing destruction of City records. Councilman England moved to adopt Resolution #6-2010 as presented, Councilman Morrison seconded. Roll Call Vote: Morrison, yes; England, yes; Ellis, yes; Morrison, yes. PUBLIC HEARING - An application by Darris Ellis, 4470 Wasatch Street, Chubbuck, Idaho 83202 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 the property. The property is approximately 35 acres located north of Dell Road and south of Siphon Road. Land Use and Development Commission recommended approval of proposal. Councilman Josh Ellis recused himself, and stepped down because of a conflict of interest. Mayor England and Council received a letter from Terry R. Bradshaw, Real Estate Project Manager for the Church of Jesus Christ of Latter -Day Saints. Mayor England read the letter into the record, The subdivision known as LDS Church along Cole has been zoned R-1 and annexed into the City of Chubbuck as a result of prior actions by the City. (continued next page) 81 COUNCIL MEETING MINUTES - (cont.) June 22, 2010 PUBLIC HEARING - (cont.) The Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter -Day Saints, a Utah Corporation sole (CPB) does not take a position concerning the application by Darris Ellis for annexation and zoning changes from (R-1) Residential and County Agricultural to a (PUD), Planned Unit Development together with a preliminary plat, (Copperfield Land Division No. 1). Darris Ellis, 4470 Wasatch Street stated he felt he has did everything he can to comply with the City's Comprehensive Plan and ordinances. Mr. Ellis presented his Copperfield Landing Proposal again. Mr. Ellis stated he does not think traffic is an issue and explained why. PWD Smart stated Staff sent to Council, two reports, one from NMHC addressing overcoming opposition to multifamily rental housing and another on High -Density Development for their review. Mayor England declared the public hearing open and asked for comments in favor of the proposal. Dean Funk, 528 Nathan spoke in favor of the proposal. Mayor England asked if there are comments from a neutral position, there being no comment Mayor England asked for comment in opposition. Tom Swartz, 649 Dell Road spoke in opposition to the proposal, citing traffic as the reason. Glen Cranor, 617 Dell Road spoke in opposition to the proposal. Mr. Cranor spoke against the area changing to a PUD Zone and explained why. Larry Bull, 5787 W Portneuf Road spoke in opposition to the proposal. Mr. Bull spoke about compatibility in the area. Mr. Bull felt the proposed Siphon Road Interchange will not happen for several years. Mr. Bull stated the City should develop according to what the citizens want. Eric Gardiner, 625 Darris spoke against the proposal. Mr. Gardiner stated he does not like the buffer zone presented. M. COUNCIL MEETING MINUTES - (cont.) June 22, 2010 PUBLIC HEARING - DARRIS ELLIS PROPOSAL - (cent.) Jeannie Swartz, 762 Homestead spoke against the proposal. Mrs. Swartz talked about the petition that was turned in at a previous Council Meeting. Norris Brown, 640 Dell Road spoke against the proposal. Mr. Brown expressed concern about the row homes and asked the proposal be denied. Tracy Anderson, 856 Homestead spoke against the proposal. Mrs. Anderson stated the two reports the Council received for review, do not represent the citizens of the City of Chubbuck. Mrs. Anderson sta'_ed she is in favor of the area staying R-1 Zoning. Mayor England declared the public hearing closed. Mitchell Greer, RMES represented Dai7is Ellis addressing the concerns expressed. Mr. Greer stated Siphon Road is going to be a major collector street, not a residential street. Mr.Greer felt this proposal meets the City's needs, and fits into the City's Comprehensive Plan. Mr. Greer stated this proposal should be approved. Darris Ellis stated the row homes will be individually owned homes. Mr. Ellis stated he feels he has complied with the City's Comprehensive Plan and feels the proposal should be approved. Discussion about buffer zone presented. Councilman Morrison asked about parking and snow removal, there was discussion. Councilman England stated that in reviewing this proposal, it does fit into the Chubbuck City Comprehensive Plan. Councilman England moved to deny the application for a zone change from, (R-1) Residential and County Agricultural to (PUD) Planned Unit Development on property across from LDS Church, (Part 1). Councilman Kearns seconded. Roll Call Vote: Kearns, yes; England, yes; Morrison, yes; Ellis, recused. Motion passed 3-0. Councilman Kearns moved to grant annexation and change of Land Use Designation for property not already located within city boundaries to Land Use Designation (PUD), Planned Unit Development, Councilman Morrison seconded. Roll Call Vote: Kearns, yes; England, yes; Morrison, yes; Ellis, recused. Motion passes 3-0. 35 COUNCIL MEETING MINUTES - (cont) PUBLIC HEARING - DARRIS ELLIS PROPOSAL - (cont.) Councilman Kearns moved to deny Copperfield Landing Division No. 1 Preliminary Plat, Councilman England seconded. Roll Call Vote: Kearns, yes; England, yes; Morrison, yes; Ellis, recused. Motion passes 3-0. Councilman Kearns moved to change street name from Eric Street to McKay Street, Councilman Morrison seconded. Roll Call Vote: Kearns, yes; England, yes; Morrison, yes; Ellis, recused. Motion passes 3-0. CLAIMS - Computer print-out claims presented to Mayor England and Council. Councilman Morrison moved to approve the computer print-out claims as presented, Councilman Kearns seconded. Roll Call Vote: Kearns, yes; Ellis, yes; England, yes; Morrison, yes. GENERAL DISCUSSION 1. Councilman Kearns stated he will not be at the Julyl3, 2010 Council Meeting. At 9:03 p.m, Councilman England moved, Councilman Morrison seconded, with full council approval to adjourn meeting. teven M. England Zayor �i_ uJlo► --- "�� City Clerk IZ�cM 1`�orga.V�