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Home My WebLink About05 13 1980 CMCOUNCIL MEETING MINUTES May 13, 1980 85 Minutes of the continued public hearing meeting on Land Use and Land Development proposed amendments held in the city municipal building May 13, 1980 and minutes of the regular council meeting held in the city municipal building May 132 1980. Present: Mayor John O. Cotant, Jr., Councilmembers Becky A. Hopkins, Dwain A. Kinghorn, Earl L. Romriell, Engineer Steven M. Smart and City Clerk Vera C. Armstrong. Councilman LeRoy S. Quick excused. PUBLIC HEARING ITEM #1. (c) Whether the Ordinance should be further amended to provide that City may place limitations on the duration of variances granted or may impose conditions (including requirements not otherwise set forth in this Ordinance) for the granting of variances. After discussing, Councilman Kinghorn moved that Ordinance #205 be amended to provide that the city may place limitations on the duration of variances granted, that variances will expire unless construction started or action taken within a period of twelve months, or unless a written request for extension of variance has been received by city and been granted for an additional six month period; that the city may impose conditions (including requirements not otherwise set forth in the Ordinance) for the granting of variances. Councilman Romriell seconded motion, all councilmembers voted in favor. Councilwoman Hopkins moved to recess public hearing until after the regular items on tonight's council meeting agenda. Councilman Kinghorn seconded motion, voting was unanimous in favor. MINUTES OF THE REGULAR COUNCIL MEETING HELD IN THE CITY MUNICIPAL BUILDING MAY 13~ 1980. Present: Mayor John O. Cotant, Jr., Councilmembers Becky A. Hopkins, Dwain A. Kinghorn, Earl L. Romriell, Attorney Donald L. Burnett, EnGineer Steven M. Smart, City Clerk Vera C. Armstron§. Councilman LeRoy S. quick excused. Meeting called to order at 8:05 p.m. Mayor Cotant asked for corrections or additions to minutes of April 22, April 29. and May 6. After reviewing, Councilman Kinghorn moved to approve minutes of April 22, April 29~ and May 6. Councilman Romriell seconded motion, voting was unanimous in favor of motion. WAIVER OF PLATTING REQUIREMENT - David L. Garvin of A-1 TV Service, 5003 Yellowstone, has made application for a waiver of platting in regards to a building permit needed to make an addition to his business. After reviewing, Councilman Kinghorn moved to approve the application of David L. Garvin to waive the platting requirement in regards to his proposed expansion of A-1 TV Service. Councilwoman Hopkins seconded motion with all councilmembers present approving motion. APPLICATION FOR DESIGN REVIEW PERMIT - David L. Garvin of A-1 TV Service has made application for a Design Review permit. Mr. Garvin did not present architectural and site development plans as required by application and matter was tabled until the May 27 meeting at 8:30 p.m. Councilman Romriell requested minutes note that clerk and secretary's make sure all applicants meet with the engineer so they will be prepared to be placed on the agenda with their application. 87 PEBBLE CREEK SKI AREA MASTER PLAN - Bill Isley, representing the Pebble Creek Land Company, presented and explained their master development plans for expansion of the Pebble Creek Ski area. Mr. Isley requested a letter from city council indicating support for their master development plan be sent to Mr. Richard Kline~ District Ranger, Caribou National Forest, 250 South 4th, Suite 187, Pocatello, Idaho. Councilman Romriell moved to direct Attorney Burnett to draft a resolution supporting the master plan of the Pebble Creek Ski area expansion. Council- woman Hopkins seconded motion and all councilmembers voted in favor. SEWER EASEMENT - Ray England, property owner west of Hawthorne Road near Siphon Road intersection, complained to mayor and council concerning his irrigation ditch washing out and undermining at the location where it crosses the sewer easement, and settling still taking place along the easement. Mr. England also said a fence which was replaced is not at proper height and needs replaced. Mayor Cotant suggested city place a culvert in the ditch to bridge the easement. Council agreed to this as a remedy for the summer irrigation season. Mr. England asked what he could do to present and prove a claim for his loss due to the lost irrigation water. Attorney Burnett said the loss would need to be itemized and supportive, that it is Mr. Englands burden to prove existence of loss and the extent of loss with reasonable certainty. Mr. England told council he has a one inch meter and is charged one-hundred fifty per cent for outside city water service. He complained of the higher rate and asked for some adjustment to the charges. Mayor Cotant told Mr. England that all water subscribers must be treated equal as to charges and the city would be unable to make,any adjustment. Engineer Smart and councilmembers that are able, agreed to meet with Mr. England Wednesday, May 14 at 5:30 p.m.~to review easement problems. LIQUOR CATERING PERMIT, Bill Kalivas, Pressbos, has applied for a liquor catering permit for an event to be held at the E1 Cielito on May 17 for the women bowlers. Councilman Kinghorn moved to approve the catering permit to Bill Kalivas of the Pressbox to cater the function at E1 Cielito~ May 17. Councilman Romriell seconded motion. All councilmembers voted in favor. VACATION OF CIRCLE INN STREET - Public hearing concerning the vacation of this street was held June 12, 1979. At that time, Mr. Frasure and Mr. Murray agreed to develop a street to the north to replace Circle Inn Street. Mr. Frasure informed council they would like to place the proposed west street off Yellowstone at a location approximately 100 feet north of the present Ward Drive which lies east of Yellowstone. Mr. Frasure said an agreement has been made with Campbells to secure 25 feet for the proposed street to the west. This location will make it possible to develop the Campbell property also. Attorney Burnett said the city would need to have deeds of dedication from owners where intended street is to be placed and the city will have to have these in hand before the city can proceed to finalize the vacation of Circle Inn Street which has been in limbo. 89 VACATION OF CIRCLE INN STREET - cont'd - Attorney Burnett advised Mr. Murray and Mr. Frasure that the final plat, when submitted, will need to have the signatures of all record owners and the final plat will extend on the northern end to their property line which will include twenty-five of the fifty feet of the proposed Ward Drive which is to be dedicated to the city. Inclusion of this twenty-five feet on the plat will constitute an offer of dedication from the persons submitting the final plat and concurrently with this final plat it will be necessary for the recordq owner of the other twenty-five feet to submit by separate written instrument his dedication of that land to the City. In the alternative, Mr. Frasure and Mr. Murray may acquire the twenty-five feet from the adjoining property owner and then include it in the final plat. ~o FENCE - Dan Davidson, 188 Stuart, informed council that he has a fence permit~ but would like to build a four foot fence along Stuart Avenue instead of ~<_~ a three foot fence as required on the fence permit. --~ After reviewing the circumstance, Mayor Cotant, Attorney Burnett, Engineer Smart agreed to meet with Building Inspector Dan Stuart and Dan Davidson at 1:00 p.m. Wednesday May 14, regarding this fence permit. RESOLUTION 5 - 80 - supporting PEBBLE CREEK Ski Area read in full by Mayor ~. Cota nt .... Councilman Romriell moved to adopt Resolution #5-80, Councilmember Hopkins ~o seconded motion. Roll call vote: Hopkins, yes; Kinghorn, yes; Romriell, yes.~. FINANCIAL STATEMENT presented to mayor and council. CLAIMS to be paid in May presented to mayor and council. Claims reviewed by mayor and council, Councilman Romriell asked that all tools belonging to city be marked. ~.~ Councilman Kinghorn moved to approve all claims with the exception of Blocks. Councilman Romriell seconded motion, all councilmembers voted in favor. RESOLUTION # 6- 80 - authorizing Mayor Cotant to execute a contract identified as L.D.24313 was read in full by Mayor Cotant. Councilwoman Hopkins made motion to pass Resolution #6-80. Councilman Kinghorn seconded motion. Roll call vote: Hopkins, yes; Kinghorn, yes; Romriell, yes.. AIC CONVENTION IN POCATELLO - Councilman Romriell moved for city to pay full registration fees for all councilmembers, mayor, engineer, attorney, city clerk, and police chief to attend the Association of Idaho Cities Convention in Pocatello June 19, 20, and 21st, with the provision if pro-rated fees can be obtained they should be. Councilman Kinghorn seconded motion, with all councilmembers voting in favor. ASSISTANT FIRE CHIEF SALARY - The mayor recently appointed, with council approval, an Assistant Fire Chief. As the city has not previously had an assistant fire chief a salary need be set. Councilman Romriell moved to pay the Assistant Fire Chief $100.00 per month salary. Councilwoman Hopkins seconded motion. All councilmembers voted in favor. PUBLIC HEARING - Mayor Cotant reopened the Land Use and Land Development hearing. Councilman Kinghorn moved to continue the public hearing until 7:00 p.m. Tuesday, May 20th. Councilman Romriell seconded motion, voting unanimous in favor. COUNCILMAN Romriell moved, Hopkins seconde~l~ mi£h counciL~pproval,to adjourn