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Home My WebLink About10 28 1980 CMCOUNCIL MEETING MINUTES 181 October 28, 1980 Minutes of the regular council meeting held in the city municipal building October 28, 1980. Mayor Cotant and city clerk met at 8:00 p.m., Mayor Cotant declared the meeting recessed until 9:00 p.m. in light of the presidential debates on television from 7:30 p.m. until 9:00 p.m. Present at 9:00 p.m.: Mayor John O. Cotant, Jr., Councilmembers Becky A. Hopkins, Dwain A. Kinghorn, LeRoy S. Quick, Earl L. Romriell, Engineer Steven M. Smart, Attorney Donald L. Burnett and City Clerk Vera C. Armstrong. Mayor Cotant called the meeting reconvened at 9:15 p.m. after recess. Mayor Cotant asked for additions or corrections to minutes of October 14 and 21. There being none, Councilman Romriell moved to accept minutes of October 14 and 21. Councilwoman Hopkins seconded motion, all council- members voted in favor. PUBLIC HEARING - City of Chubbuck has requested a land use district change on Lot 14, Highway Acres subdivision. The city has recently made provisions to punchase this property and plan to use the property for city equipment storage and use. Property is presently zoned Residential 2, city is asking for a General Commercial (C-2) zone. Mayor Cotant asked for testimony for or against this public hearing item. Councilman Kinghorn asked if it would not be best to change the land use district only on the rear portion of acre that lies north of the existing back yard fence. Councilmen Kinghorn and Romriell stepped down from council table because of possible conflict of interest, since subject property is within 300 feet of their own property. Jerry Tydeman, 156 Hiway Avenue, said he would strongly Object to the land use change of city property if the city plans to deny his request. Councilman Quick moved to approve the land use district change from Residential 2 to General Commercial (C-2) limited to the rear portion of lot in order to minimize impact on neighborhood, the change being consistent with the comprehensive plan. Councilwoman Hopkins seconded motion. Roll call vote; Hopkins, yea; Quick, yea. PUBLIC HEARING ITEM - Jerry Tydeman, 156 Hiway Avenue, has requested a land use district change on Lot 15, Highway Acres Subdivision. Property is presently zoned Residential 2 and Mr. Tydeman is asking for a General Commercial (C-2) zone. Mayor Cotant asked for testimony for or against this public hearing item. PUBLIC HEARING ITEM - JERRY TYDEMAN - cont'd - Councilman Kinghorn and Councilman Romriell stepped down from council table because of their determination of a conflict in interest, subject property being within 300 feet of their homes. Mr. Tydeman said he has requested his acre be rezoned to General Commercial in conjunction with the city request of a land use change as the two parcels adjoin each other. Both parcels of property are proposed to be zoned General Commercial in the comprehensive plan. Mayor Cotant said since the neighborhood is specifically residential city should know the specific reason why the land use change request is being made and that the land use ordinance makes the council responsible for this change and it must be a timely and orderly transition. Councilwoman Hopkins voiced opinion that since the neighborhood is residential she feels the zone should stay residential until a specific use is planned for Mr. Tydeman's property. John Call, 216 Hiway Avenue, asked if city needed to change the land use district on their property to use only for parking equipment purposes. Mayor Cotant told Mr. Call that a land use change is necessary for city to use the property in any manner. Councilman Quick moved to deny Mr. Tydeman's request for land use district change because of lack of information regarding the planned use for the property, which leaves the council in question as to the impact on the neighborhood and whether proposed change would be timely for orderly transition of affected neighborhood. Council- woman seconded motion. Roll call vote; Hopkins, yea; Quick, yea. PUBLIC HEARING ITEM - John C. Croly, Sign Systems, Inc. has applied for a conditional use permit to place three on-premise signs on the Sea Galley Restaurant. Proposed building is in the Pine Ridge Mall. Mayor Cotant asked for any testimony regarding this public hearing item. After discussion, Councilman Romriell moved to approve a conditional use permit for placement of signs at the Sea Galley Restaurant. Councilman Kinghorn seconded motion. All councilmembers voted in favor. PUBLIC HEARING ITEM - Larry Hunter, has requested a conditional use permit to place a sign at 4805 Yellowstone in connection with the business of Custom Toppers. The business has since moved into Pocatello. A letter has been sent to Mr. Hunter requesting his presence at meeting or permit will be denied. Councilman Romriell moved to deny the conditional use permit for a sign and for council to deem the request be abandoned. Councilman Quick seconded motion, voting was unanimous in favor of motion. 183 185 PUBLIC HEARING - Scott Bird - Conditional Use Permit to use property approved to be rezoned to Industrial on Burley Drive for a boarding and breeding kennel for dogs. Mrs. Bird reported to Engineer Smart that their design review plans were not ready. Councilwoman Hopkins moved to table this item until the council meeting of November 12. Councilman Kinghorn seconded motion with an unanimous vote in favor. CLAIM - PARRISH COMPANY - Rodney Parrish has submitted a claim for damages at 5164 Yellowstone in the basement of their building. Claim is for damage caused from water service being turned on by a city employee. Councilman Kinghorn moved to pass the claim on to the insurance carrier for investigation. HERITAGE WEST SUBDIVISION, Sam Briscoe, Howard Gibson and Gary Gibson were present representing this development. Mr. Briscoe asked what would satisfy the city for a bond or in lieu of until streets are finished in the spring, so it would be possible for them to secure building permits and get started building some homes this fall. Howard Gibson said they would supply the city with a committment letter of financing. Councilman Romriell asked if an irrevocable letter of credit from the bank would be acceptable. Engineer Smart said he understood that a letter of credit is acceptable with Pocatello city. City to check this out further. Attorney Burnett advised the Heritage West developers that if a completion bond is not feasible to acquire, they should submit an application for relief from the ordinance, a hearing would be scheduled with ten days publication notice to be acted upon by the Land Use Commission and then the council, that the application should state their plans of submission in place of the bond re- quirement. Mr. Briscoe was told the city would try to hold the hearings at both the Land Commission level and Council level the evening of November 12. CROSS CONNECTION CONTROL ORDINANCE - read by title only by Mayor Cotant and accepted as second reading. SIGN ORDINANCE - Attorney Burnett has amended a proposed sign ordinance and distributed same to mayor and council. S & N ESTATES FINAL PLAT - Kent Sh~iozawa and Rick. Nelson were present and requested the final plat of the S & N Estates be signed. Engineer Smart informed council the restrictive covenants have been amended as requested by city and the deferred dedication agreement on well and water system has been signed. Mayor said the plat could be signed after meeting. GENERA[ DISCUSSIONS: Question as to Misty Manor developers being required to install sewer line from East Chubbuck Road along Hawthorne Road to their southern property line. Council reaction was to leave conditions on permit approval as is. 2. Discussion whether to amend land use ordinance to require applicant of conditional use permits, variances, land use district changes, etc., to provide the names of owners and residents within the required 300 foot for public notice to the city. Mayor and council in agreement to hold hearing on this change. 3. Personnel Rules and Regulations - Engineer Smart asked if council had decided what minimumca~ing time should be given to employees on call time. Council agreed employees should count time from time they leave home to returning home, city will allow one and one-half compensation time, ~ini~mum cal~l time:one hour. 2) Additional holiday - Comments were agreeable for no change. Question was asked if conditional use permits, variances can be passed on to new porperty owners. Attorney Burnett said zoning and conditional uses should be able to be passed on, variances could not. MORATORIUM OF MOBILE HOME DEVELOPMENT AND PLACEMENT - Councilwoman Hopkins moved to extend the moratorium for an additional ninety days. Councilman Kinghorn seconded motion, all councilmembers voted in favor. Councilwoman Hopkins moved, Kinghorn seconded that meeting adjourn at 11:30 p.m. Vera C. Armstrong, City CI~ 187