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HomeMy WebLinkAbout07 08 1980 CMCOUNCIL MEETING MINUTES July 8, 1980 Minutes of an adjourned council meeting held in the city municipal building July 8, 1980. Present: Mayor John O. Cotant, Jr., Councilmembers Becky Hopkins, Dwain A. Kinghorn and Earl Romriell, Attorney Lynn Winmill, ^City Engineer Steven M. Smart and Secretary Dorothy Ward. Councilman LeRey S. Quick was excused. Meeting called to order at 6:00 p.m. by Mayor Cotant. Mayor Cotant asked for ~any additions or corrections to the minutes of June 24, 1980. There being none Councilman Romriell made motion to accept minutes as written. CounCilwoman Hopkins seconded the motion with a unanimous vote in favor. PUBLIC HEARING ITEM' A proposal by Empey Sign Company for a conditional use permit to erect one flat on-premise sign and one free standing on-premise sign to be located at 4749 Yellowstone, Property - zoned General Commercial (C-2). Mayor Cotant reviewed the recommendations of the Land Use & Development Commission held June 5, !980, Mr. Jack Croly, Empey Sign Company, explained the type of signs that would be erected. One free standing on-premise sign on top of the canopy with metal supports and one flat on-premise sign placed on the building. !Ir. Croly 'said he had contacted the State Highway Department and there would be no problem with the relocation of the highway. Councilman Romriell made motion to allow a conditional use permit to erect a free standing sign and a on-premise sign for the Yellowstone Marina, 47~9 Yellowstone, as requested by the Empey Sign Company, Councilman Kinghorn seconded the motion, All voted in favor. GEHERAL BUSINESS: FINAL PLAT - S & N ESTATES - RESTRICTIVE COVENANTS The council discussed at length the Restrictive Covenants with Mr, Ronald Nelson. The council expressed concern with the Enforcement Clause, their -feeling was that it put the resposibility of enforcement on the City of Chubbuck. The Council asked Attorney Winmill to make correction in the wording of the Restrictive Covenants on page 10 - Enforcement - to read~ (a) Enforcement shall be by proceedings at law by the owners in fee simple of any lot and/or City of Chubbuck, at the City's option. Mayor Cotant asked the Engineer if there was any problem with the final plat and he said his concern had been the Restrictive Covenants and the Deferred Dedication Agreement not being executed. Mayor Cotant read the Deferred Dedication Agreement in full. S & N ESTATES (.cent,) 123 Councilm~n Romriell made motion to approve the final plat of the S & ~1 Estates subject to change of wording in Restrictive Covenants and the signing of the Oeferred Dedication Agreement. Councilman Kinghorn seconded the motion with all voting in favor. PINE RIDGE ~ALL Engineer Smart read a letter from The Law Company, Inc., Steve ~'!ensel, Project Manager, requesting permission to begin foundation work on the Pine Ridge Mall connecting building. Mr. Wensel asked consent to proceed '~at his own risk" as time was of essence to get'the foundations in before cold weather, Engineer Smart said that the Building Inspector, gan Stuart, had recieved the ~construction drawings and the.~lans are with the consultant for a structural check. He said tha{ normall~uld not issue a building permit - but they - are asking to proceed at their own risk also they are the same people that are developing the Ben Marche and ZCMI. He said code does state partial building permit can be issued. The Council authorized Dan Stuart to issue a partial building permit to cover foudation and concrete work until such time full building permit can be issued. ORDINANCE CONSZDERATION: Ordinance amending Land Use Ordinance No. 205 pertaining to signs, definition "Child Care Center'~, livestock, side yard requirements, schedule of general controls, production dwelling and mobile homes, etc. Council discussed the Livestock Ordinance and how it applies to areas zoned Livestock in Ordinance #98 and Livestock in the City Or~tinance #185 Section 5D. Council discussed section dealing with mobile homes and trailer courts. Coucilwoman Hopkins said city should allow only a certain percentage of new development be used as mobile home courts. Mayor Cotant suggested mobile home courts be approved subject to the Council. Hayer Cotant read in full Ordinance ~ 219, amending Ordinance # 205 the Land Use Ordinance. Councilwoman Hopkins made motion to dispense with the reading of Qrdinance # 219 three times. Councilman Kinghorn seconded.'Hdpkin~, ~; Ki"nghbrn~ yes; Ronriell, yes, Councilmad Kinghorn made -motion to adopt Ordinance f219, deleting Section 5 and 6 from Ordinance # 2~5, and any refe~eoce to Section..5 a~d..§ ~ ~be ?reparatory paragraph refering to mobil~ hnm~ courts or trailer courts. Council- woman Hopkins seconded the motion.~'Ropk~ns,'y6s, Romr'iell~, yes; Kinghorn es. ~ouncilwoman Hopkins made motion to continue the moritorium on mobile homes and trailer courts for ninety days. Councilman Romriell secoflded the motion with all voting in favor. Councilman Romriell asked for the minutes to state the percentage requirement for mobile homes to standard housing was not included in the ordinance, therefor that portion of Ordinance #219 was deleted, requiring the moriterium be extended, 125 C6uncilwoman Hopkins made motion to retire to Mayor's office for executive session at 7~30 p.m, with Mr, & Mrs. Clarence Welch to discuss a property acquisition. Councilman Kinghorn seconded the motion with all voting in favor, AFTER COMPLETION OF EXECUTIVE SESSION, Mayor Cotant called the meeting baak to order in regular session. BID OPENING - GEHERAL LIABILITY INSURANCE.? An advertisement for bids has been requested for General Liability Insurance. Bids were received from the following: Davis Insurance Agency Lloyd Hamilton Agency (Kruse Insurance) Alternate Insurance Designers Alternate 14,150.00 !6,251.00 19~271.00 13,455.00 17,622.00 After review of bids by Attorney Winmill it was determined bids would be taken under advisement until July 10, 1980, at 4:30 p.m. ORDINANCE # 220 -amending Section 1-C of Ordinance No. 179 of the city of Chubbuck, Idaho, to re-define "Subject Vehicl-e" for the purpose of said Ordinance; and providing when this ordinance shall become effective. Coucftwoman Hopkins moved to adopt Ordinance #22~ as amended. Councilman Kinghorn seconded the motion. Roll call vote, Hopkins, yes; Kinghorn, yes; Romriell, yes. CLAIMS to be paid in July presented to Mayor and Council. b V Claims reviewed ~ayor and council, Councilwoman Hopkins asked that minutes reflect that money paid for trophies for Chubbuck Oays had been donated by local merchants. Councilman Romriell made motion to approve all ~laims. Councilwoman Hopkins seconded motion, all councilmembers voted in favor. ORDINANCE REGULATING SIGNS within the city; setting forth adminstrative provi~ions ~ concerning applicability of the ordinance, licensing requirements, fees and enforcement; defining the terms used in this ordinance. Engineer Steven Smart read ordinance in full at the request of Councilman Romreill. Councilwoman Hopkins made motion to dispense with rules of reading ordinance on three seperate occasions, Councilman Kinghorn seconded motion. Roll call vote Hopkins, yes; Romriell, no; Kinghorn, yes. Councilwoman Hopkins made motion to accept Sign Ordinance #221. Motion died for a lack of a second. Councilwoman Hopkins made motion to adjourn at 10~00 p.m. until July 10, 1980, ~°~='c~"~/~t 4:30 p.m,, seconded by Councilman R~th~/~t~~-]fu~val'