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HomeMy WebLinkAbout03 25 1980 CM 41 COUNCIL MEETING MINUTES March 25, 1980 Minutes of the regular council meeting held in the city municipal building March 25, 1980. Present: Mayor John O. Cotant, Jr., Councilmembers Becky A. Hopkins, Dwain A. Kinghorn, Earl L. Romriell, Attorney Donald L. Burnett, Jr., Engineer Steven M. Smart and Secretary Myrna L. Crapo. Councilman Quick excused. Meeting called to order by Mayor Cotant at 8:01 p.m. Mayor Cotant asked for corrections or additions to minutes of March ll and March 18 Attorney Burnett asked that on the March ll minutes page 39 under Pre- Annexation Agreement, third paragraph that the word"necessary' be changed to read"desirable"and that"Attorney Burnett said that the subject was no longer timely'be added at the end of the last sentence. Also that the last word in the fourth paragraph be changed from"incorporation"to"agreement~ The third paragraph on page 41 under Liquor Catering Permit needs to have "should research whether it" added after the word city. There being no other corrections, Councilman Romriell moved to approve minutes of ~arch 11 with the above noted corrections and also to approve minutes of March 18. Councilwoman Hopkins seconded motion with an unanimous vote in favor. PUBLIC HEARING ITEM: HEARING TO REVIEW PRELIMINARY PLAT FOR MISTY MANOR PARK, a mobile home park proposed to be developed at the southeast corner of the intersection of West Chubbuck Road and Hawthorne Road, by Joseph R. and Jo Ann Osier. The Mayor asked the City Engineer for his recommendations on the plat. He recommended that the following information be shown on the plat. 1. A precise amount of feet on the canal easement needs to be specified 2. Landscaping has to be out of street right-of-way 3. Power and gas easements need to be shown in front lots 4. One water service is all that will be needed 5. Fire hydrant needs to be moved 6. An additional 1/4 acre needs to be shown for recreational purposes. 7. 40' right-of-way on Hawthorne and Chubbuck Roads. 8. Designation of lots, for leasing purposes and not for sale, possibly adding mobile home park to the name 9. Dry wells 10. Streets not to be dedicated 11. Irrigation water Mr. Osier discussed the irrigation water and said that a decision had not been made as yet whether to use pressure irrigation, but that a decision would be made before the final plat. Jo Ann Osier asked if the conditions of the conditional use permit could be changed to allow 14' wide trailers. 43 PRODUCTION DWELLING COURT Mayor Cotant informed Mrs. Osier that approval is needed for changing the width of the trailors as listed on a conditional use at present from the Land Use and Land Development Commision. Attorney Burnett informed the Council that part of the conditional use permit was that the City approve the rules and regulations,of the park, that had been submitted. The rules seemed to be in good form generally, but the council needed to be aware of certain items. In terms of the Conditional use permit the city would have standing to enforce the rules and regulations of the mobil home park. There were some rules that the city may not want to enforce. For Example: Page four number 16 covering "For Sale" signs used in the park is one that the city would not want to enforce. There is no law prohibiting that type of provision, and the city would not be in a position to enforce that provision. Page 13 on Selling, Soliciting, Sub-Letting and Assignment regulates the selling, soliciting, sub-letting and assignments in the park. None of these provisions could be properly enforced by the city. Under Chubbuck's existing ordinances they are regulated but not prohibited. 3. Page Il, Rule number 4, deals with the use of alcoholic beverages in the park, needs to be deleted. The following needs to be added to the rules and regulations: These rules and regulations have been logged with the City of Chubbuck and the City is empowered to enforce certain provisions of these rules and regulations. The city may be contacted in the event any resident believe the rules and regulations are being violated. Our desire is to see that these rules are prepetrated and enforced. o The city% approval of these rules and regulations does not waive any other laws or ordinances they require and wherever a provision in these rules and regulations governs the same subject matter as a city regulation or ordinance the city regulation or ordinance more restrictive will govern. Councilman Kinghorn moved that the preliminary plat of ?~isty Manor Park (a development but not a subdivision) upon condition that all of the engineers recommendations shown on the plat be adopted and on condition that all changes or additions to the Misty Manor Mobile Home Park rules and regulations be adopted and filed ~ith the city. Councilman Romriell seconded motion, with all Councilmembers present voting in favor. FIRE TRUCK AGREEMENT - BANNOCK COUNTY - An agreement for conveyance of the Bannock County Fire Truck to the City of Chubbuck was read in full by Mayor Cotant. 45 FIRE TRUCK AGREEMENT- Councilman Romriell moved that the city council ratify and approve the Mayor's execution of that agreement. Councilman Kinghorn seconded motion, voting was unanimous in favor. #211 ORDINANCE - REZONING PROPERTY - JOHN O. COTANT, JR. John O. Cotant, Jr., 420 !Jest Chubbuck Road has had approved a re-zoning from General Residential (R-2) to General Commercial (C-2). President of the Council Dwain A. Kinghorn presided over this item of business. ~ayor Cotant stepped aside because of the conflict of interest. President of Council Kinghorn read ordinance 211 in full. Councilman Romriell moved to dispense with the rule for reading the ordinance on three seperate days. ~ Councilwom~ Hopkins seconded motion. Roll call vote: Hopkins, yes; Romriell, yes; Kinghorn, yes. Councilwoman Hopkins Romriell seconded motion. Kinghorn, yes. moved to adopt ordinance 211. Councilman Roll call vote: Hopkins, yes,,Romriell, yes; #212 ORDINANCE - ANNEXING - HERITAGE ~,IEST SUBDIVISION - ~ayor read ordinance 212 annexing Heritage West Subdivision and specifying the zoning classification. Council Kinghorn moved to dispense with the rule for reading the ordinance on three seperate days. Councilman Romriell seconded motion. Roll call vote: Kinghorn, yes; Hopkins, yes; Romriell, yes. Councilman Romriell moved to adopt ordinance #212. Councilwoman Hopkins seconded motion. Roll call vote: Hopkins, yes; Romriell, yes; Kinghorn, yes. AMENDMENT TO AGREE~IENT - BANNOCK PAVING - After discussion, Councilman Romriell moved to authorize the Mayor to enter into the agreement with Bannock Paving Company, Inc. incorporating all amendments there to. Councilman Kinghorn seconded motion. All Councilmembers voted in favor of motion. ORDINANCE - PROHIBITING ANGLE PARKING - Mayor Cotant read Ordinance in full for the first reading. After general discussion, it was decided to look at this ordinance more closely on the second reading. AMENDMENT TO AGREEMENT FOR SEWAGE TREATMENT WITH POCATELLO - The growth of the City has resulted in some areas of Chubbuck not being covered by the original agreement, this agreement would include these areas. Mayor Cotant read the agreement in full. Councilman Kinghorn moved to authorize the Mayor to execute this agreement with the City of Pocatello concerning those charges for sewage disposal. Councilwoman Hopkins seconded motion. All councilmembers voted in favor of motion. ORDINANCE REPEALING ORDINANCE NO. 179, SECTZON 2(D)Mayor Cotant read Ordinance in full for first reading. 47 REPEAL SECTION 2(d)- ORDIHANCE NO. 179 - Attorney Burnett explained that this ordinance was to clean up this section,~nmS~tion 49-752 of the Idaho Code had been repealed by the Legislature. RESOLUTION ADOPTING SCHEDULE OF CONSTRUCTION INSPECTION FEES - Mayor Cotant read this resolution in full. Engineer Smart explained the resolution. Del Bunce requested a chance to review the proposed schedule fees. Mayor Cotant instructed Engineer Smart to distribute this proposal to Del Bunce, Private Engineering Firms, and interested builders. Councilwoman Hopkins moved to table the resolution adopting Schedule of Construction Inspection Fees until April 8. 1980. Councilman Romriell seconded motion with all councilmembers voting in favor. PROPOSED ORDIIIANCE TO AMEND ORDINANCE NO. 78 CONCERNING INSTALLATION OF PRESSURE REGULATOR - Mayor read Ordinance in full for first reading. ORDINANCE - AMEHDING ORDINANCE NO. 127 - CONSTRUCTION BONDS - Mayor Cotant read Ordinance in full for first reading. PROPOSED ORDINANCE - ISSUANCE OF BUSINESS LICENSE - Mayor Cotant read Ordinance by title only as the first reading. Attorney Burnett told the council that the city needs to set up standards for their licensing procedures. PROPOSED ORDINANCE - AMENDING ORDINANCE NO. 148, SECTIONS 2(A) and 2(B) - Mayor Cotant read Ordinance by title only as the first reading. Councilman Kinghorn recommended that we give a copy of this proposed Ordinance to the builders for their comments, and that the Building Inspector be invited to attend the April 8th meeting to discuss this Ordinance. PROPOSED ORDINANCE REGULATING NOISE LEVELS- Mayor Cotant read Ordinance by title only as the first reading. PROPOSED ORDINANCE - REGULATING RADIO AND TELEVISION ANTENNAS - Mayor read Ordinance by title only as the first reading. Attorney Burnett informed the Council that the idea behind this Ordinance was to control the size and placement of antennas. ORDINANCE - REPEALING UNIFORH FIRE CODE - ~ayor Cotant read in full for the first reading. The Hayor stated his concern for repealing the Uniform Fire Code due to the fact that Chubbuck was growing with shopping centers and motels making some of the Code necessary. Mayor Cotant feels that the Building Inspector needs to make written suggestions for the Council to consider. PUBLIC HEARING 0~t LAND USE A~ENDMENTS - The Mayor opened the ~Public Hearing in regard to the Land Use Amendments. The hearing having been continued from the March lB meeting. 49 PUBLIC HEARING - LAND USE AMENDMENTS - The audience was asked if they wanted to make imput during the hearing tonight on any of the pending items. Council woman Hopkins moved to continue the Land Use Hearing on Tuesday, April 1, 198~ at 8:00 p.m. Councilman Kinghorn seconded motion with all council members voting in favor. The Mayor declared the hearing continued until the first of April. NEW BUSINESS - ADVERTISEMENT FOR BIDS - Mayor Cotant read the Advertisement for Bids in full. Engineer Smart explained where the water pipe would be laid. Attorney Burnett requested that the following changes be made in the bid advertisement. 1. The semi-colon after (5%) of the amount bid be changed to a colon. The sentence starting with"All bid~' be changed to read"All bids must be delivered under sealed cover'. Deleting the words'bresented or otherwise". The consensus of the Council was to authorize Engineer Smart to advertise for bids. GENERAL DISCUSSIONS: 1. Purchasing a 7½ horse single phase motor for the compressor. 2. Hawthorne and Siphon Road Canal. 3. Hendersen and Newbold law suit. Regulating mobile homes on a percentage basis Councilman Romriell moved, Hopkins seconded, with full council approval that meeting adjourn at 10:40 P'~~~Cldhn O. Cotant, d~ Myfn~ ~. Crapo, SecretaYy