HomeMy WebLinkAbout04 24 2007 CM
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COUNCIL MEETING MINUTES
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April 24, 2007
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Minutes of a regular meeting held at the Chubbuck City Council Chambers, April 24, 2007.
Present: Mayor Steven M. England, Council members Leroy S. Quick, Kent Kearns, Dennis
Stoddard, Richard Morgan, Attorney Thomas J. Holmes, Public Works Director Steven
M. Smart and Ron C. Conlin.
PLEDGE ALLEGIANCE TO THE FLAG was led by Councilman Richard Morgan.
APPROVAL OF MINUTES - Mayor England asked for corrections and additions to the regular
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meeting minutes of April 10, 2007.
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Councilman Kearns moved to approved regular meeting minutes of April 10, 2007 as
read, Councilman Quick seconded. All council members voted in favor of motion.
PUBLIC HEARING - An application by Paul Johnson, Rockwell Development, 2043 E. Center,
Pocatello, Idaho for annexation and zoning for a residential subdivision, both R-1 and
R-2 zoning as indicated by the legal descriptions and aerial map for property located north
of W. Chubbuck Road, west of Philbin Road and adjacent to Sunset West Subdivision.
Land Use & Development Commission recommended approval.
The City received a letter with 8 signatures on it, opposing the annexation and zoning at
this time.
Joel Dixon, RME presented the proposal.
Mayor England declared the public hearing open.
Dennis Bloxham, 14595 Lea, Pocatello stated he felt the master plan has been changed
constantly. Mr. Bloxham expressed concern about the berm required along W. Chubbuck
Road. Mr. Bloxham stated he does not feel the project should be done right now.
Councilman Morgan moved to accept the recommendations of the Land Use &
Development Commission and approve the application by Paul Johnson, Rockwell
Development for annexation and zoning for residential subdivision, both R1 and R-2
zoning as indicated by the legal descriptions and aerial map for property located north of
W. Chubbuck Road and adjacent to Sunset West Subdivision, subject to a secondary
pressure irrigation system being installed to City Standards by the developer, Councilman
Quick seconded. All council members voted in favor of motion.
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COUNCIL MEETING MINUTES - (cont.)
April 24`h, 2007
PUBLIC HEARING - An application by Paul Johnson, Rockwell Development, 3533 Briar
Creek Lane, Ammon, Idaho for a preliminary plat for Brookstone Estates Subdivision.
Property is located north of W. Chubbuck Road, west of Philbin Road and adjacent to
Sunset West Subdivision. Land Use & Development Commission recommends approval.
Joel Dixon, RME presented the Brookstone Estates Subdivision Preliminary Plat.
Mayor England declared the public hearing open, there being no comment Mayor
England declared the public hearing closed.
Discussion about how the twin homes are designated on the preliminary plat.
Mr. Dixon was asked to designate on the plat, which properties are the twin homes.
Councilman Morgan moved to accept the Land Use & Development Commission's
recommendation to approve the application by Paul Johnson, Rockwell Development for
a preliminary plat for Brookstone Estates Subdivision, property located north of W.
Chubbuck Road, west of Philbin Road and adjacent to Sunset West Subdivision,
Councilman Stoddard seconded. All council members voted in favor of motion.
PUBLIC HEARING - A Declaration of Intent to dispose of real property. It is the intent of the
City to dispose of City Property - Lot 1, Block 2, Park Meadows 4 ' Addition. The City
has received an appraised value of $4,000.
PWD Smart gave an explanation.
Mayor England declared the public hearing open, there being no comment, Mayor
England declared the public hearing closed.
Mayor England asked if there is anyone present that wants to bid on this property, there
was no one present.
Councilman Kearns moved to authorize Mayor England to enter into negotiations for sale
of this property, Councilman Morgan seconded. All council members voted in favor of
motion.
PUBLIC HEARING AUCTION - A Declaration of Intent to exchange real property. Such
Declaration of Intent to exchange real property is described in Resolution No. 3 -2007. It
-- is the intent of the City to exchange two parcels approximately 1,530 square feet of land
each platted inside the Dell Road cul -de -sac for two parcels approximately 54 square feet
of land each lying outside the Dell Road cul -de -sac. These property exchanges will be
conducted between the City and the property owners of 649 and 650 Dell Rd.
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COUNCIL MEETING MINUTES - (cont.)
April 24`h, 2007
PUBLIC HEARING - DELL ROAD CUL -DE -SAC - A DECLARATION OF INTENT TO
EXCHANGE REAL PROPERTY - PWD Smart explained the proposal.
Mayor England declared the public hearing open.
Thomas Ward, 649 Dell Road stated he knows this has to happen, however he would ask
the Council to look at what is happening to Dell Road because it is being used as a
construction road. Mr. Ward stated Dell Road has been damaged because of construction
trucks and needs heavy duty maintenance now. Mr. Ward asked the City to place a
barrier, so the construction truck will not further damage Dell Road. Mr. Ward stated
speed is also a factor.
There being no further comment Mayor England declared the public hearing closed.
Councilman Stoddard moved to approve the exchange of real property as described in
Resolution No. 3 -2007, Councilman Quick seconded. All council members voted in favor
of motion.
ORDINANCE #639 - Annexing certain lands to be included within the boundaries and
jurisdictional limits of the City of Chubbuck - Rockwell Development - Brookstone
Estates.
Attorney Holmes read Ordinance #639 in full for the first and final reading.
Councilman Stoddard moved to dispense with the rule of reading Ordinance #639 on
three separate days, Councilman Quick seconded. Roll Call Vote: Quick, yes; Kearns,
yes; Stoddard, yes; Morgan, yes.
Councilman Kearns moved to adopt Ordinance #639 as read, Councilman Stoddard
seconded. Roll Call Vote: Quick, yes; Kearns, yes; Stoddard, yes; Morgan, yes.
TAILWIND SUBDIVISION FINAL PLAT - PWD Smart presented the Tail Wind Subdivision
Plat.
Councilman Morgan moved to approve the Tailwind Subdivision Final Plat as presented,
Councilman Quick seconded. All council members voted in favor of motion.
ARBOR DAY PROCLAMATION - Mayor England read the "Arbor Day" Proclamation in full.
Councilman Stoddard moved to authorize Mayor England to proclaim, April 27 ", 2007,
"Arbor Day" in the City of Chubbuck, and urge all citizens to plant trees to, Councilman
Quick seconded. All council members voted in favor of motion.
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COUNCIL MEETING MINUTES - (cont.)
April 24`", 2007
"BIKE TO WORK "PROCLAMATION - Mayor England read the "Bike to Work" Proclamation
In full.
Councilman Kearns moved to authorize Mayor England to proclaim, May, 2007 as
"National Bike Month ", May 13th -18th, 2007 as "Bike to Work Week" and May 18'
2007 as "Bike to Work Day" in the City of Chubbuck, Councilman Morgan seconded.
All council members voted in favor of motion.
PROCLAMATION - POPPY MONTH AND POPPY DAYS - Mayor England read the "Poppy
Days Proclamation" in full.
Councilman Quick moved to authorize Mayor England to proclaim, May as "Poppy
Month" and May I I" and May 12", 2007 as "Poppy Days" in the City of Chubbuck,
Councilman Kearns seconded. All council members voted in favor of motion.
REVIEW OF WILLIAM SLAVEN'S CONDITIONAL USE PERMIT FOR A COUNSELING
CENTER AT 147 W. LINDEN AVE - William Slaven, 147 W. Linden Road was present to
answer questions about his counseling center at 147 W. Linden Ave.
Police Chief Randy Severe reported they are not aware of any violations at this time.
Councilman Kearns moved that William Slaven's conditional use permit issued February
14', 2006 for a transitional alcohol /drug living counseling center be continued with a
review April, 2008, Councilman Stoddard seconded. All council members voted in favor
of motion.
POSSIBLE DISPOSAL OF LOT 6, BLOCK 2, SUNSET WEST DIVISION 2 SUBDIVISION -
PWD Smart this lot is about 30 feet wide, in between two regular building lots. It was
intended to be part of their meandering park system in Sunset West Subdivision. It
originally went north off of Kiersten Street into another meandering park area. That
meandering park area has since been purchase by the LDS Church for a meeting house,
and the lot serves no purpose at the present time. If the Council wishes, we could
establish a value on this lot and set a public hearing for an auction. The auction could be
held at the Council Meeting on May 22 "d, 2007.
PWD Smart stated using the value of the parcel in Park Meadows, auctioned on April
24", 2007 Council Meeting the value of this piece is approx. $8,670.
-- Councilman Quick moved to express a Declaration of Intent to sell Lot 6, Block 2, Sunset
West, Division 2 Subdivision, valued at $8,670, setting a public hearing date for auction
of May 22nd, 2007, Councilman Stoddard seconded. All council members voted in favor
of motion.
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COUNCIL MEETING MINUTES - (cont.)
April 24", 2007
BID APPROVAL - EAST LINDEN AVE RECONSTRUCTION - PWD Smart stated the City
opened bids today at 2:00 p.m. PWD smart stated the City Received the following two
bid proposals:
Jack B. Parson Companies $ 606,746.00
Mickelsen Construction Inc. $ 654,076.30
Both companies presented required bid bonds.
Councilman Kearns moved to accept the low bid of $606,746. and authorize Mayor
England to enter into contract with Jack B. Parson Companies, Councilman Quick
seconded. All council members voted in favor of motion.
APPEAL OF REVOCATION OF LITTLE ANGELS DAY CARE LICENSE - TONYA
GOMEZ- Police Chief Randy Severe stated the Police Department recently suspended Little
Angels Day Care, Tonya Gomez's Day Care License April 11", 2007 at, 5:00 p.m.
PC Severe explained why the day care license was suspended.
Dennis Hansen, 205 N 90 W, Blackfoot, Idaho stated he is Tonya Gomez's father, Mr.
Hansen spoke against revocation of Tonya Gomez's child care license.
Attorney Holmes stated the letter Tonya Gomez received from the Chubbuck Police
Department outlines the reasons why Tonya Gomez's license was suspended.
Jeremy W. Stafford, 413 `B' Street, Idaho Falls, Idaho stated he is an Attorney
representing Tonya Gomez. Mr. Stafford stated he is concerned there are no facts
supporting Tonya Gomez's ordinance violations. Mr. Stafford spoke against revocation
of Tonya Gomez day care license.
Attorney Holmes stated the reason for the Police Department's request for revocation of
Tonya Gomez's day care license is because of repeated day care code violations found
during required inspections.
Gloria Hansen, 205 N 90 W, Blackfoot, Idaho stated she sometimes helps her daughter in
her day care. Mrs. Hansen spoke against revocation of Tonya Gomez's day care license
being suspended and revoked.
Monica Foster, 2423 South 2 °d, Pocatello, Idaho spoke against Tonya Gomez's day care
license being suspended and revoked.
Eric Scott, 980 Centennial Circle, Pocatello, Idaho spoke against Tonya Gomez's day
care license being suspended and revoked.
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COUNCIL MEETING MINUTES - (cont.)
April 24`", 2007
APPEAL OF TONYA GOMEZ'S LITTLE ANGELS DAY CARE LICENSE - (cont.)
C. Willes, 4065 Amber Lane, Pocatello, Idaho spoke against Tonya Gomez's day care
license being suspended and revoked.
Tonya Gomez, Little Angels day Care stated she felt the Chubbuck Police Department
has a vendetta against her. Mrs. Gomez expressed her concerns.
Carrie, 4920 South Fifth, Pocatello, Idaho spoke in favor of Tonya Gomez being allowed
to keep her day care license.
Junior,743 Washington, Pocatello, Idaho spoke against Tonya Gomez's day care license
being suspended and revoked.
Amber Warren, 5033 Hawthorne Rd, Chubbuck, Idaho spoke against Tonya Gomez's
day care license being suspended and revoked.
PC Randy Severe stated the reason the Police Department suspended, and are requesting
revocation of Tonya Gomez's day care license is because of repeated day care code
violations and violation of an agreement executed between Tonya Gomez and Chubbuck
Police Department.
Attorney Holmes recommended the Council revoke Tonya Gomez's Day Care License
based on repeated day care ordinance violations. Attorney Holmes stated he will provide
copies of violations to Mr. Hansen and Attorney Stafford if they request them.
Councilman Kearns moved to continue the suspension of Tonya Gomez, Little Angels
Day Care license until such time as Attorney Holmes is able to supply Tonya Gomez's
Attorney with all documentation that can be legally provided, and Attorney Holmes issue
a final opinion on whether or not the Little Angels Day Care license should be revoked,
Councilman Quick seconded. All council members voted in favor of motion.
CLAIMS - Computer print -out claims presented to Mayor England and Council.
Councilman Quick moved to approve computer print -out claims as presented,
Councilman Stoddard seconded. All council members voted in favor of motion.
ANNOUNCEMENTS - 2007 Budget and Levy Training, Holiday Inn, Pocatello, Idaho on
May 16", 2007, from 8:30 a.m. to Noon.
AIC Annual Conference - June 13`" -June 15", 2007 - Coeur d'Alene, Idaho.
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COUNCIL MEETING MINUTES - (cont.)
April 24`h, 2007
At 9:54 p.m, Councilman Morgan moved, Councilman Stoddard seconded, with full council
approval to adjourn meeting.
even M. England, yor
Ron C. Conlin, City Clerk
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