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HomeMy WebLinkAbout03 04 2015 CM175 CITY OF CHUBBUCK COUNCIL MEETING March 4, 2015 6:00 pm Mayor England called the meeting to order at 6pm. Councilmember Lewis led the pledge of allegiance. APPROVAL OF MINUTES: Councilmember Lewis moved to approve the regular meeting minutes of February 18, 2015. Councilmember Morrison seconded. Roll call vote: Ellis -absent, Lewis -yes, Morrison -yes, Marshall -yes. PUBLIC HEARING: Stuart Ward with Dioptra, 4737 Afton Place, presented the Idaho Central Complex Plat and requested the City vacate certain portions of Burley Drive and Victorian Circle. Idaho Central Credit Union has acquired all the land within the plat. Ken Oram, 4400 Central Way, addressed the council and explained that the Credit Union has acquired around 2 million dollars' worth of property that is represented in the plat. The Credit Union is the most rapidly growing credit union in the US. The Credit Union is looking to build on this property. Mayor England opened the public hearing. There being no comment made, Mayor England closed the public hearing. GENERAL BUSINESS: 1. Vacate portions of Burley Drive and Victorian Circle. Steve Smart, Public Works Director, further explained the request to vacate. City Staff has reviewed the proposed plat and the request to vacate and does recommend the City Council grant the Credit Union's request. Steve mentioned that the utility easements on the property do remain enforce. Councilmember Lewis moved to vacate portions of Burley Drive and Victorian Circle. Councilmember Ellis seconded. Roll call vote: Ellis -yes, Lewis -yes, Morrison -yes, Marshall - yes. 2. Appeal denial of Julie Powell's day care worker license. Mayor England asked Officer Guiberson if he would like to address the Council. Officer Guiberson commented that he had no additional information to add to the information provided to the Council by Chief Severe. Mayor England asked Julie Powell, 811 Jewel, Blackfoot Idaho, to address the council. Ms. Powell explained that it was her understanding that the license was denied because of a battery charge. She had a fight with her husband. She has since completed two years of probation on that charge. There was another charge in 2009, injury to child, in her record. Ms. Powell explained that she brought her older child in from the car and had asked her husband to 177 get their younger child. He did not do this and a neighbor found the child in the car crying. To this day she still feels horrible about this incident. Ms. Powell explained to the council that the year this happened was horrible, but what she has gone through has made her change. She has now been able to obtain her license as a CNA. This allows her to take care of the elderly in their homes. She is licensed as a daycare provider in Pocatello. She also passed a background check for a concealed weapons permit. Ms. Powell explained that she will be working for her sister. Councilmember Marshall asked if she had the opportunity to sit down with Chief Severe and explain to him what she has explained to the council. Councilmember Marshall commented that from her record it does not look like the problems have slowed down. Councilmember Marshall asked Ms. Powell to explain herself as a driver. Ms. Powell responded that she used to be pretty radical but has improved. Councilmember Lewis asked why the disclosure of her record on the application was so cursory when the record is much more extensive than what was disclosed. There was an incident just last year. Councilmember Lewis commented that the non -disclosure of so many incidents is a big concern. Councilmember Lewis asked about the vicious dog incident. Ms. Powell said the dog was let out to relive himself and the neighbor panicked. Councilmember Lewis stated that Ms. Powell's response to the vicious dog incident is troubling. It shows she continues to refuse responsibility for her actions. Councilmember Morrison asked about an intoxication charge. Ms Powell stated that she had been walking into a bar, had not been drinking, and had no ID on her. She did not understand the charge. Tiffanie Hancock asked for permission to address the council. Ms. Hancock stated that she has known Julie for 11 years and does trust Julie with her child. Julie has had a rough life due to her own choices but also stated that the council does not know her by looking at her record. Councilmember Ellis stated that after all this testimony he is wondering if this is a case where the council should give Ms. Powell this second chance. Mayor England commented that Chief Severe has upheld the ordinance and the facts of the case that have been reviewed and would not change in looking at them again. The Mayor does not think that turning this case back to Chief Severe would change his mind. He has applied the ordinance to the facts. The ordinance does allow for someone who has been denied their license to appeal to the council. This is where we find ourselves. 179 Melanie Randal asked for permission to address the council. She owns the daycare at 5163 Yellowstone, where Ms. Powell will be working. Ms. Randall will being doing 90% of all her drop offs and pickups. Ms. Powell will not be one of the daycare drivers. Councilmember Ellis would like the City to look at this ordinance. He wonders if it is too restrictive. Councilmember Lewis asked about unpaid fines. Ms. Powell stated she is current on all her fines and fees. Councilmember Ellis moved to reverse the denial of Julie Powell's day care worker license. Councilmember Morrison seconded. Roll call vote: Ellis -yes, Lewis -yes, Morrison -yes, Marshall -no. 3. Approval of Red Lobster alcohol licenses. Paul Andrus, City Planner, explained the new licensing is necessary as The Darden Company sold Red Lobster. The new owner is required by law to acquire new licensing. Councilmember Ellis moved to approve Red Lobsters Alcohol license. Councilmember Morrison seconded. Roll call vote: Ellis -yes, Lewis -yes, Morrison -yes, Marshall -yes. 4. Consider bids for Mountain Park Storm water Runoff Management and authorize contract with the lowest qualified bidder. Steve Smart, Public Works Director, explained the project and the bids to the council. The lowest qualified bid was Michelson Construction. Councilmember Ellis moved to accept the bid from Michelson Construction and authorize the Mayor to enter into a contract. Councilmember Marshall seconded. Roll call voter Ellis -yes, Lewis -yes, Morrison -yes, Marshall -yes. 5. Review Memorandum of Agreement between Idaho Dept. of Lands and Chubbuck Fire Dept. Chief King summarized the memorandum of agreement. Councilmember Lewis mentioned that the agreement allows purchases per an addendum and does not see an addendum. Chief King explained that once a piece of property is found we have the right to accept or reject the property. What the Idaho Department of Lands is asking for is assurances that if a piece of property is purchased, the property will be processed according to the agreement. Councilmember Lewis moved to enter into the memorandum of agreement between the Idaho Department of Lands and The Chubbuck Fire Department. Councilmember Ellis seconded. Roll call vote: Ellis -yes, Lewis -yes, Morrison -yes, Marshall -yes. 181 6. Review Proposed Ordinance designating seats in City Council elections. Mayor England explained the Ordinance. This change will remove the general horse race election and each candidate will designate the seat they will be running for. The ordinance was read by title first time by Tom Holmes. 7. Consider authorizing a foundation permit before final plat approval for Diamond Quality Trailers. Steve Smart, Public Works Director, explained the circumstances around the request. Although the plat has not been submitted to the city at this time we have been told that it will be submitted in the very near future. Councilmember Lewis moved to authorize the foundation permit. Councilmember Ellis seconded. Roll call vote: Ellis -yes, Lewis -yes, Morrison -yes, Marshall -yes. CLAIMS: Computer printout claims for March 4, 2015 as presented to Mayor England and Council. Councilmember Marshall asked about the payment to Bannock Development. Rich will research the payment and get back with the council. Councilmember Ellis moved to approve the claims as presented. Councilmember Marshall seconded. Roll call vote: Ellis -yes, Lewis -yes, Morrison -yes, Marshall -yes. Awoum Mayor England adjourned the meeting at 7:27pm tevin En ayor Rich Morgan, City Clerk