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HomeMy WebLinkAbout05 10 2005 CM77 COUNCIL MEETING MINUTES May 10th, 2005 Minutes of a regular meeting held at the Chubbuck City Council Chambers, May 10th, 2005. Present: Mayor John O. Cotant, Council members Leroy S. Quick, Steven M. England, Marvin C. Gunter, Kent Keams, Attorney Thomas J. Holmes, Public Works Director Steven M. Smart and City Clerk Ron C. Conlin. Meeting called to order at 7:30 p.m. by Mayor Cotant. PLEDGE ALLEGIANCE TO THE FLAG was led by Fire Chief Eric King. INVOCATION was given by Councilman Leroy S. Quick. APPROVAL OF MINUTES - Mayor John O. Cotant asked for corrections and additions to the Regular Meeting Minutes of April 26th, 2005. Councilman Keams moved to approve the Regular Meeting Minutes of April 26th, 2005 as read, Councilman Quick seconded. All council members present voted in favor of motion. POLICE CHIEF RANDY SEVERE gave a report on the shooting incident at the Circle Inn Mobile Home Court. MASSAGE THERAPY BUSINESS LICENSE APPLICATION - Andrea Gower, Massage Solutions, 635 Alpine has applied for a massage therapy license to operate a massage therapy business at her residence at 635 Alpine. Andrea Gower was present to discuss the massage therapy business license application. Police Department recommended approval of the massage therapy business license application. Councilman England moved to grant Andrea Gower, Massage Solutions a business license to operate a massage therapy business at her residence at 635 Alpine, Councilman Keams seconded. All council members voted in favor of motion. MASSAGE THERAPY BUSINESS LICENSE APPLICATION - Kelsey R. Murdock, 121 Park Ave, Pocatello, Idaho has applied for a massage therapy business license to do massage therapy at Ridge Wind Assisted Living, 4080 Hawthorne Road. Kelsey Murdock was present. Police Department recommended the massage therapy license be approved. 79 COUNCIL MEETING MINUTES - (cont.) May 10th, 2005 MASSAGE THERAPY BUSINESS LICENSE APPLICATION - (cont) Councilman Keams moved to grant Kelsey Murdock a massage therapy business license to do massage therapy at Ridge Wind Assisted Living, 4080 Hawthorne Road, Councilman England seconded. All council members voted in favor of motion. BUSINESS LICENSE APPLICATION - Ashlee Nye, 1123 E. Halliday has applied for a business license to sell home decors from a van on the Green Triangle Parking Lot. Police Department recommended approval of the business license application. Councilman Gunter moved to grant Ashlee Nye, Real Deals on Home Decor a business license to sell home decor at the Green Triangle Parking Lot, Councilman England seconded. All council members voted in favor of motion. APPEAL OF REVOKED CHILD CARE FACILITY LICENSE - TONYA GOMEZ, GOMEZ DAY CARE CENTER - Tonya Gomez stated she is not sure why her child care license was revoked. Mrs. Gomez explained why she did not think her day care facility license should be revoked. Mary Romasko, Mental Wellness Center stated there is a question about Matt, Tonya Gomez's son being in the home during day care hours. Matt is mentally handicapped. Mary Romasko stated Matt had disappeared for a couple of months. Mary Romasko said Matt showed up a couple of weeks ago, but Mary Romasko said Matt did not live with Tonya. Discussion about Tonya Gomez's child care license and who is licensed in the day care facility. Tonya Gomez said she is the only one with a license for child care in the Gomez Child Care. Mike Gunn, 826 Pinewood spoke in favor of Tonya Gomez keeping her day care facility license. Mr. Gunn explained his situation. Jean Higgins, Chubbuck Police Department stated the Police Department monitors day care facilities in the City. Jean Higgins stated there are more than just one or two violations lb_at have happened in the Gomez Day Care Facility. Jean Higgins has concern because of past history. 81 COUNCIL MEETING MINUTES - (cont.) May l0th, 2005 REVOKED BUSINESS LICENSE APPEAL - TONYA GOMEZ - (cont.) 1. Concern about Tonya Gomez's son Matt living in the day care facility. 2. The Gomez Child Care Facility License was issued contingent on Matt not living at the Gomez Day Care Facility License. 3. Police Department received a complaint that there was no one licensed at the Gomez Child Care Facility, Mrs. Gomez's husband was there, but he is not certified First-Aid-CPR as required. Concern about Mrs. Gomez leaving the children with non-licensed people. Discussion about other violations. Chief of Police Randy Severe stated Matt might not be living at the day care facility but the Police Department does not know when he is there. Tonya Gomez denied leaving the children at any time. Councilman Quick moved to uphold the Revocation of Tonya Gomez Child Care Facility License, Motion died because of lack of a second. Councilman Quick asked if there are things that can be done in the future to allow a child care facility licenee be issued to Tonya Gomez. Jean Higgins stated there is. Police Chief Randy Severe stated the Police Department is willing to a conditional reinstatement of Tonya Gomez's Child Care License with the Police Department setting the conditions: 1. Police Department be allowed to make unannounced, at least weekly inspection checks at Gomez Day Care Facility. 2. Tonya Gomez's son Matt is not allowed to be at the day care facility unless directly supervised by Tonya Gomez. 3. Agree with Police Department on business hours and there cannot be any day care kids after hours found there on inspection. 4. Police Department will prepare an agreement to be signed by City of Chubbuck and Tonya Gomez. 5. After the agreement is executed and the child care license is re-instated, the agreement will be put on the next Council Agenda for Council review. If any of these violations, or other Code violations occur the Gomez Child Care Facility License will be permanently revoked. 83 COUNCIL MEETING MINUTES - (cont.) May 10t~, 2005 ELLIS ELEMENTARY SCHOOL WALKWAY FROM CAMBRIDGE ESTATES - Bart Reed, School District #25 was present to discuss the Ellis School walkway from Cambridge Estates to Ellis School. PWD Smart presented the Cambridge Estates Final Plat. Mayor Cotant stated the City of Chubbuck and School District #25 would prefer the westerly walkway to be installed between Lot 5 & Lot 6. Mayor Cotant stated Darris Ellis agreed the walkway be installed between Lot 5 and Lot 6, the City will pay whatever costs Darris Ellis incurs to change pins to realign his lots, the City will install the walkway between Lot 5 & Lot 6. Council was in agreement; 1) City of Chubbuck will pay for costs incurred by Dan-is Ellis to realign pins on remaining lots. 2) City will install the walkway between Lot 5 and Lot 6. CLARK COMMERCIAL SUBDIVISION FINAL PLAT- PWD Smart presented the Clark Commercial Subdivision Final Plat. Councilman Keams moved to approve the Clark Commercial Subdivision Final Plat as presented, Councilman Gunter seconded. All council members voted in favor of motion. MOTORCYCLE AWARENESS MONTH PROCLAMATION - Mayor Cotant read the Motor Cycle Awareness Month Proclamation in full, Councilman Gunter moved to direct Mayor Cotant to proclaim "May as Motorcycle Awareness Month", Councilman Quick seconded. All council members voted in favor of motion. DISCUSSION ABOUT ADOPTION OF THE 2003 INTERNATIONAL FIRE CODE - Fire Marshal Merlin Miller stated the State has tentatively adopted this Code and the Chubbuck Fire Department is asking the Council to adopt the 2003 International Fire Code. FM Miller stated there are some minor changes, but also some major changes. FM Miller said a minor change is the Fire Chief is authorized to administer and enforce the Code. FM Miller stated the major change is now the Fire Code addresses three and four units, the State exempted the requirement of sprinkling three and four units, the Chubbuck Fire Department does not want the three and four units exempted. 85 COUNCIL MEETING MINUTES - (cont.) May l0th, 2005 DISCUSSION OF ADOPTION OF 2003 INTERNATIONAL FIRE CODE - (cont.) Councilman Gunter expressed concern about cost if required to sprinkle three and four plexes. Concern about additional inspections for the City. FM Miller stated right now, it is costing about the cost of carpeting in a new home. Discussion about additional cost of inspecting three and four plexes if sprinkling is required. Council members were in agreement to not include the requirement of automatic sprinkler systems in 3 or 4 units, Group R buildings. Councilman Kearns stated he would agree with 2003 International Fire Code requiring the sprinkling of 3 or 4 units, Group R buildings. FEMA GRANT DISCUSSION, FM Miller stated the Fire Department went after a FEMA Grant for a Life Safety Sprinkler House. Council reviewed the Life Safety Sprinkler House. FM Miller said the FEMA Grant will pay $49,000. out of the total $54,954. FM Miller stated they have talked to the Local Disaster Service Agency, they are actively pursuing paying the City's portion of $5,954. There should be no expense to the City. FM Miller said there will be ~al maintenance cost on the equipment. Councilman Gunter moved to direct the Fire Department to pursue the FEMA Grant to acquire the Life Safety Sprinkler House as outlined by FM Merlin Miller, Councilman Quick seconded. All council members voted in favor of motion. CLAIMS - Computer print-out claims presented to Mayor Cotant and Council. Councilman Gunter moved to approve computer print-out claims as presented, Councilman England seconded. All council members voted in favor of motion. GENERAL DISCUSSION - 1. Dennis Stoddard, 780 E. Chubbuck Road asked for an agenda item next Design Review Meeting to take care of neighbors concems about the commercial building, (Deloy Stuart's), to the west of Mr. Stoddard's property. Mr. Stoddard stated, what was proposed and what was built is different. Mr. Stoddard stated it's a beautiful building in the wrong place. 87 COUNCIL MEETING MINUTES - (cont.) May 10t~, 2005 GENERAL DISCUSSION - (cont.) 1. Dennis Stoddard stated their concerns are; 1) about the upper windows being frosted 3/4th the way up. 2) The upper windows have privacy screens. 3) the screening fence be at least 10' high. 4) Concern about parking in back of the building. 5) Trees to screen the building. 6) Mr. Stoddard felt the neighbors should be involved in the walk through. Mr. Stoddard stated they have sent letters to the owner and have not received a response. Mayor Cotant said he thought they had already frosted the windows. Mayor Cotant said he will talk to Deloy Stuart about where he is on the frosted windows. 2. Rich Marley, 5150 Stuart asked when Pheasant Ridge Development is going to install the trees next to the Interstate. At 9:48 p.m, Councilman England moved, Councilman Gunter seconded, with full council approval to adjourn meeting. Ron c. Conlin, City Clerk //Jolm-6. ~otant, Mayor'