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HomeMy WebLinkAbout08 15 2018 CMCITY OF CHUBBUCK COUNCIL MEETING MINUTES AUGUST 15, 2018 — 6:00PM CALL TO ORDER: Mayor England PLEDGE ALLEGIANCE TO THE FLAG: Councilmember Evans INVOCATION: Tony Seikel of the Portneuf Sanga COUNCIL PRESENT: Annette Baumeister, Ryan Lewis, Melanie Evans, and Roger Hernandez. STAFF MEMBERS PRESENT: Mayor Kevin England, Public Works Director Rodney Burch, City Attorney Tom Holmes, Planning and Development Director Devin Hillam, Police Chief Bill Guiberson, Fire Chief Merlin Miller, Building Official Ray Griffin, City Clerk Rich Morgan, and Deputy Clerk Joey Bowers. APPROVAL OF MINUTES: July 18, 2018 & August 1, 2018 Councilmember Evans motioned for approval of the Study Session and Council Meeting minutes. Councilmember Hernandez seconded motion for approval of minutes. Roll Call: Baumeister -yes, Evans -yes, Hernandez -yes, Lewis -yes, motion passed. GENERAL BUSINESS: 1. Appeal by Performance Outdoor. Frank Nuding representing Performance Outdoor wanted to appeal the administrative decision of denying an application for a billboard. Mr. Nuding stated that the State allows these type of signs along main corridors, he also stated that the City Council approved the repurposing of a monument sign in May 2017 for Gary Cooper as a billboard. The City also allows PRT buses, and the Hiline flag sponsors to have off premise signs. Mr. Nuding stated that these off premises signs where a type of billboard. Mr. Nuding also felt like the City was making it impossible for him to compete because there was only one company that had any billboards in the City of Chubbuck. Planning and Development Director Devin Hillam explained the justification for the denial of the billboard application. Mr. Hillam stated that the City doesn't regulate signs on vehicles and the Hiline flags are a nonprofit sponsorship. Building Official Ray Griffin stated that the approval of the repurposing of the monument sign happed at a mayor's staff meeting/design review meeting on January 4, 2016 and not at a Council Meeting. Mr. Griffin explained the history of the Cooper property and the monument sign. The sign was placed on the property in the late 70s as an on premise sign. Since then the property owner Gary Cooper has sold off pieces of the property. Mr. Griffin stated that under the direction from City Attorney Tom Holmes that since the sign was originally put in under common ownership and included everything north of Bullock Street, and it predated the City's 1996 sign Ordinance that everything north of Bullock Street would be considered on premise and everything south or Bullock Street off premise. Mr. Griffin also stated that the City has since denied other signs/billboard applications on the south of Bullock Street. Greg Suttner also representing Performance Outdoors asked about the Lithia sign, because Lithia is located on the south side of Bullock Street. City Attorney Tom Holmes stated that the Lithia sign is in violation and was installed without a permit. Mr. Holmes stated that the City currently has not taken any action to have the sign removed, but doesn't mean it won't in the future. Councilmember Baumeister, Evans, and Hernandez felt like this monument sign does not advertise goods, products, or services that are not sold on the premises, therefore this sign would not be considered a billboard but more as a location sign. Councilmember Lewis asked Mr. Nuding if he disagreed that his application was for an off premise billboard, and if he disagreed that under the City's ordinance that his application would be denied as an off premise billboard. Mr. Nuding stated that he agreed that his application would be an off premise billboard and under City Ordinance would be denied as an off premise billboard. Councilmember Lewis also asked Mr. Nuding in his opinion if the City made a mistake issuing a building permit to Mr. Cooper that if now the City's Ordinance is no longer in affect. Mr. Nuding stated that he does not think it makes the City's Ordinance obsolete, but felt like the Council should look at his other arguments as well. Councilmember Baumeister stated that the City does pay into PRT to provide that service to the residents of Chubbuck, but does not have any voting rights. Councilmember Baumeister also felt like PRT used the advertising on its buses to offset costs and not make a profit. Councilmember Baumeister also stated that there is a difference between a billboard and a sponsorship, and the Hiline flower basket sponsorship qualified under the IRS definition of a sponsorship. The Council felt like Mr. Nuding's application violated the City's current Ordinance as an off premise sign. But invited Mr. Nuding to take the proper steps to have the City look into and consider changing the current ordinance to allow these types of billboards in the future. Councilmember Lewis motioned for denial of the appeal by Performance Outdoor, based on the current City Ordinance. Councilmember Evans seconded motion for denial. Roll Call: Lewis -yes, Baumeister -yes, Evans -yes, Hernandez -yes, motion passed. 2. Adoption of Resolution 2018-08 Foregone Appropriations for FY2019. City Clerk Rich Morgan stated that the Council had its budget public hearing on August 1, 2018, and asked the Council how to move forward. The Council decided to take the available 3% and $98,978 of foregone. The foregone amount will be used for capital construction and improvements. Councilmember Baumeister motioned to adopt Resolution 2018-08. Councilmember Hernandez seconded motion for adoption. Roll Call: Hernandez -yes, Lewis -yes, Baumeister -yes, Evans -yes, motion passed. 3. Adoption of Ordinance 775 Appropriations for FY2019. Councilmember Baumeister motioned for the waiver of three readings, including the reading of one time in full for Ordinance 775. Councilmember Evans seconded motion for waiver. Roll Call: Hernandez -yes, Evans -yes, Baumeister -yes, Lewis -yes, motion passed. Councilmember Baumeister motioned to adopt Ordinance 775. Councilmember Evans seconded motion for adoption. Roll Call: Evans -yes, Hernandez -yes, Lewis -yes, Baumeister -yes, motion passed. 4. Review and Adoption of the Strategic Plan. Councilmember Evans motioned for adoption of the strategic plan as presented. Councilmember Hernandez seconded motion for adoption. Roll Call: Baumeister -yes, Evans -yes, Hernandez -yes, Lewis -yes, motion passed. CLAIMS: City of Chubbuck claims for August 15, 2018 as presented to Mayor England and Council. Councilmember Evans motioned for approval of the City of Chubbuck Claims. Councilmember Baumeister seconded motion for approval. Roll Call: Hernandez -yes, Lewis -yes, Baumeister -yes, Evans -yes, motion passed. ADJOURN: Mayor Kevin England adjourned at 6:49. i JU ey - eputy Clerk Kevin England -M` r