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Home My WebLink About05 08 2007 CM77 COUNCIL MEETING MINUTES May 8t ", 2007 Minutes of a regular meeting held at the Chubbuck City Council Chambers, May 8t ", 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 City Clerk 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 meeting minutes of April 24th, 2007. Councilman Kearns moved to approve regular meeting minutes of April 24th, 2007 subject to; 1) Last paragraph on page 63 reading, "Councilman Quick seconded ", 2) Councilman Quick moved, Councilman Kearns seconded on page 69 on Poppy Days Proclamation. 3) Correction of typos and spelling error on page 65, Councilman Quick seconded. All council members voted in favor of motion. PUBLIC HEARING - An application by Western Design, P.O. Box 5310, Chubbuck, Idaho 83202 for a preliminary plat for Ledgestone Business Park Division 1. Property is located at 207 E. Chubbuck Road. Joel Dixon, Rocky Mountain Engineering, 2043 East Center, Pocatello presented the Ledgestone Business Park Division 1 Preliminary Plat. Mr. Dixon stated the plat is zoned (C -2) and will be constructed in three phases. The buildings, with the exception of Lot 1 will be one story with the basements used as storage. Mr. Dixon stated there are 135 parking spaces, City Code requires 123. Mayor England declared the public hearing open, there being no comment Mayor England declared the public hearing closed. Councilman Kearns moved to accept the Land Use & Development Commission's recommendation to approve an application by Western Design, Bob Elzner for a preliminary plat for Ledgestone Business Park Division 1, subject to a pressure irrigation system being installed, Councilman Stoddard seconded. All council members voted in favor of motion. PUBLIC HEARING - An ordinance by the City of Chubbuck amending Section 9.32.010 to revise those activities to which the section does not apply; amending Section 16.16.020 to revise the hours for operation of construction activities and providing for the City Engineer to grant an exception to the hours if necessary to minimize traffic or other interference. 79 COUNCIL MEETING MINUTES - (cont.) May 8", 2007 PUBLIC HEARING - ORDINANCE - HOURS OF OPERATION OF CONSTRUCTION ACTIVITIES - (cont) - Land Use and Development Commission recommended approval. Attorney Holmes read ordinance by title only for the first reading. PWD Smart explained the proposed ordinance. PWD Smart recommended the ordinance be adopted.. Mayor England declared the public hearing open, there being no comment, Mayor England declared the public hearing closed. Council tabled the ordinance until the May 22 °d, 2007 Council Meeting. PUBLIC HEARING - ORDINANCE - Adding Section 16.23.230 to the Chubbuck Municipal Code to require all developments to install a secondary pressure irrigation system if there are agricultural water rights associated with the land being developed, setting standard for such systems, providing such systems may be dedicated to the city and upon acceptance, shall be a utility maintained by the City. PWD Smart explained the proposed ordinance requiring developers to install secondary pressure irrigation systems. Councilman Kearns expressed concern about water rights already lost, and rather or not we can get them back. PWD Smart stated we do not know at this time. Attorney Holmes read proposed ordinance by title only for the first reading. Mayor England declared the public hearing open. Joel Dixon, RME spoke in favor of the proposed ordinance, Mr. Dixon stated he has the following concerns: 1. Mr. Dixon expressed concern about consistency, this proposed ordinance affects only people with water rights and no one else. Mr. Dixon suggested giving some type of bonus to developers that have water rights. 2. Developers could possibly have time line issues. Doug Briscoe, 553 Vern spoke in favor of the ordinance. Mr. Briscoe stated his concern is the costs to developer that is required to install a secondary pressurized system. Mr. Briscoe stated he is in favor of the City taking over and maintaining the secondary system. 31 COUNCIL MEETING MINUTES - (cont.) May 8`h, 2007 PUBLIC HEARING - ORDINANCE - SECONDARY PRESSURE IRRIGATION SYSTEMS - (cont.) Mr. Briscoe suggested the cost of the secondary pressure irrigation systems be spread through out all developments. Mr. Briscoe suggested a committee be formed to help the City create the ordinance. Mitch Greer, RME expressed concern about additional costs to the developer that has water rights, as compared to the developer that does not. Jeremy Briscoe, 5137 Kymball Ave stated he is in favor of a committee being formed to create the ordinance. Mr. Briscoe suggested the City use irrigation water for City Parks. Michael Wilson, 1015 Homerun spoke in favor of a secondary pressure irrigation system ordinance, stating his main concern is the addition costs to developers with water rights compared to developers without water rights. There being no further comment, Mayor England declared the public hearing closed. PWD Smart stated research has shown nationwide that the secondary pressurized irrigation system is paid for by the land owner after development, the land owner saves on their culinary water bill by having a secondary pressurized irrigation system and will potentially offset costs of the secondary pressurized irrigation system. Council tabled the proposed ordinance until the May 22nd, 2007 Council Meeting. BROOKSTONE ESTATES DIVISION 1 FINAL PL.AT - Joel Dixon, RME presented the Brookstone Estates Division 1 Final Plat. PWD Smart suggested the following requirements: 1. The town home lots should be identified on the final plat. 2. Subject to City Engineer approving final construction drawings. Councilman Kearns moved to approve the Brookestone Estates Division 1 Final Plat, subject to; 1) The town home lots be identified on the Brookstone Estates Division 1 Final Plat, 2) All construction drawings be approved by City Engineer, Councilman Morgan seconded. All council members voted in favor of motion. COUNCIL MEETING MINUTES - (cont.) May 22nd, 2007 BROOKSTONE ESTATES FINAL PLAT DIVISION 2 - Joel Dixon, RME presented the Brookstone Estates, Division 2 Final Plat. Councilman Morgan moved to approve the Brookestone Estates Division 2 Final Plat subject to; 1) The town home lots shall be identified on the final plat, 2) All construction drawings be approved by City Engineer, Councilman Stoddard seconded. All council members voted in favor of motion. ORDINANCE - Amending Section 9.20.021 and 0.20.023 to provide for annual licenses for animal control to run from June 1 to May 31, instead of on a calendar year. Attorney Holmes read ordinance by title only for the first reading. Council tabled the proposed ordinance until the May 22nd, 2007 Council Meeting. REVOCATION OF DAY CARE FACILITY LICENSE APPEAL - TONYA GOMEZ, LITTLE ANGEL DAY CARE - Attorney Holmes stated he talked to Tonya Gomez's Attorney, Jeremy Stafford, Attorney Stafford recommended Mrs. Gomez surrender her day care facility license. The City has received the licenses. CLAIMS - Computer print -out claims presented to Mayor England and Council. Councilman Morgan moved to approve computer print -out claims as presented, Councilman Stoddard seconded. All council members voted in favor of motion. GENERAL DISCUSSION There is a Sewer Task Force Meeting, May 9th, 2007 at 10:00 a.m. at City of Chubbuck. At 9:10 p.m, Councilman Morgan moved, Councilman Stoddard seconded, with full council approval to adjourn meeting. teven M. England, or Ron C. Conlin, City Clerk LAW OFFICES JONES, CHARTERED y w * " 203 SOUTH GARFIELD P.O. BOX 967 LAMONT JONES POCATELLO, IDAHO 83204-0967 TELEPHONE: (208) 232 -5911 JACK H. ROBISON FAX: (208) 232 -5962 THOMAS J. HOLMES E -MAIL: tholmesid @aol.com MR. HOLMES' TELEPHONE EXTENSION: 103 April 26, 2007 Jeremy Stafford Attorney at Law 413 B. St., Ste 205 Idaho Falls, ID 83402 RE: City of Chubbuck ubbuck - Tonya Gomez Dear Mr. Stafford: Enclosed please find the bulk of the packet provided to the Chubbuck City Council to consider whether or not Tonya Gomez's day care license should be revoked. On the top is an outline of items 1 through 23. Item 22 is the ongoing investigation report so you are being provie.otily one page, being a statement from Tiare Clement. The rest of the investigative report is not included. Additio y ' *Wed item 24, the investigative report done back when-Tonya's day care license was suspended in 2005. Please note the facility inspection.. forms I'm sending to you. Only one is without violations. Although sepwately some of those violations are relatively minor, the accumulative effect is to show Tonya'.s repeated disregard for the day care ordinance. Please note also'that in the May 3, 2005 violation, Tonya was observed by the Chubbuck Police to not be at home Wle children enrolled in Tonya's day care were there. Neither Zack nor Hilarion -at that time r*Aicensed providers. The report at item ,24 includes statements taken from Michelle Ward and Becky Bock verifying that Tonya Gomm had left the children with Matt and Abby. Reports at 14 and 15, while not directly related to the day care, indicate ongoing issues with Matt Ockerman. Item 16 and item 20 illustrate ongoing issues regarding the transport of children without proper child safety seats. Item 17 illustrates a blatant example observed by Officer Eldridge, of Tonya's failure to properly supervise child while in her care. Item 19 is a continvdag example of the problem of having Matthew Ockerman in the house while the day care is being operated. Matt is not licensed and again, this shows a repeated pattern of violating the ordinance. .s fk Mr. Stafford April 26, 2007 Page - 2 Item 20, second full paragraph on the second page shows the continued disregard for our ordinance in that Gomez's records are subject to inspection by the Chubbuck Police Department and her attitude is it's "none of your business." Additionally Gomez was unable to provide records that are required which again, is a repeated violation shown in the facility inspection reports. Please review the dosed and provide any documentation, written evidence, or other objection to me prior to me prior to May 8, 2007 if you want the Chubbuck City Council to consider it in making their decision on whether or not to revoke Tonya Gomez's day care license. The citycouncil meeting on May 8, 2007 begins at 7:30 PM and we will have the revocation of this license As an agenda item. r` Sincere Thomas J. Holmes TJH/jm Enclosure cc: Chief Randy severe U. Jew Higgins Ron Conlin, City Clerk 0