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Home My WebLink About10 09 1979 CM COUNCIL MEETING MINUTES 187 October 9, 1979 Minutes of the regular meeting of the mayor and council held in the city Municipal building, 5160 Yellowstone Ave., October 9, 1979. Present: Mayor John O. Cotant, Jr., Councilmen Boyd L. Fullmer, Dwain A. Kinghorn, LeRoy S. Quick, Earl L. Romreill, Attorney Donald L. Burnett, Jr., Engineer Steven M. Smart and Clerk Vera C. Armstrong. Meeting called to order by Mayor Cotant at 8:04 p.m. Mayor Cotant asked for corrections or additions to minutes of the special meeting and the regular meeting held September 25, 1979. Councilman Fullmer asked for correction on page 181, 3rd paragragh from bottom of page, to delete the word "insurance" and substitute words "a surety company." Attorney 8urnett asked for correction on page 183, third paragraph under heading "Uniform Fire Code" first sentence~ to delete word "table" and substitute the word "tailor'~. Councilman Romriell moved to approve minutes of special meeting and regular meeting of September as amended. Councilman Quick seconded motion with all councilmen approving. FIREMAN'S AUXILIARY - Mrs. Connie Howell informed mayor and council that the Fireman's Auxiliary, ~he wives of the volunteer fire department) is active again. Mrs. Howell told the mayor and council this week is National Fire Week and they are arranging for an open house to be held at the fire station, Saturday October 13 from 10:00 a.m. to 4:00 p.m. and invite all to attend. Mrs. Howell named several matters of repair and inprovements desired by the firemen at the fire station. Mayor and council asked her to give the list of items to the city and the city would consider them and work with the fire department and the auxiliary to make these repairs and improvements. They also thanked her for the auxiliary's interest and time in their work. PUBLIC HEARING : LAND USE CHANGE - CITY OF CHUBBUCK - The city has requested a land use district change at 136 Hiway Avenue, Lot 13 Highway Acres, from General Residential (R-2) to General Commercial (C-2). The city owns the property and plans the use of the building for a police station. Betty Jo Long, 131 Hiway Avenue, asked if her property was zoned commercial and she was told that it is residential~ Councilman Kinghorn requested that the minutes reflect that the city does intend to curb, gutter and sidewalk all the city property along Hiway Avenue. Councilman Quick moved to dispense with the rule of reading ordinance on three separate days. Councilman Romriell seconded motion. Roll call vote: Fullmer, yes; Kinghorn, yes; Quick~ yes; Romriell, yes. Councilman Fullmer moved to adopt Ordinance #210 which changes the land Use district of Lot 13, Highway Acres from General Residential (R-2) to General Commercial (C-3). Councilman Quick seconded motion. Roll call vote: Fullmer, yes; Kinghorn, yes; Quick, yes; Romriell, yes. 189 PUBLIC HEARING - CONDITIONAl USE PERMIT - CITY OF CHUBBUCK - The city of Chubbuck has requested that Lot 13, Highway Acres Subdivision be rezoned to General Commercial. The Land Use and Land Development Commission recommended approval and the council have approved the rezoning. The city has also simultaneously requested a conditional use permit to allow the city to use the lot as a public utility yard. Councilman Quick moved to approve the conditional use permit to the city on Lot 13, Highway Acres, with the conditions that curb, gutter and sidewalk be installed and also a plat plan be submitted before any development takes place, and also that a screening fence be constructed around the perimeteGwith a completion date for all construction of July 1, 1980. The action summary on the change of land use for Lot 13, Highway Acres and the action summary on the conditional use permit to use as a public utility yard were filled out by Attorney Burnett, read and signed by Mayor Cotant. PUBLIC HEARING - PINE RIDGE MALL DEVELOPMENT PRELIMINARY PLAT - Michael Krugly and Cliff Williams were present representing the presentation of the preliminary,plat. Engineer Smart recommended an acceleration lane from the northern entrance turning south. Mike Krugly said they had agreed to dedicate a 13 foot right-of-way, 70 foot in length for an acceleration lane when traffic lights are approved for their northern entrance. An acceleration lane is planned south of the south entrance. Mr. Krugly said the Idaho Department of Transportation have not requested an acceleration lane at their northern entrance. He also said they had made provisions for six lanes and a turn lane at the present. Mr. Krugly requested foundation permits for a couple buildings this fall before the filing of their final plat. Attorney Burnett said he saw no problem with the council approving the partial building permits for foundation work only. Councilman Romriell moved to approve the Pine Ridge Mall Development preliminary plat subject to the submission of the revised plat showing all changes noted by the city engineer (except the 25 foot dedication off Hawthorne Road; and deferred improvements agreement be signed regarding future acceleration land easement. Full building permits not to be issued until these conditions complied with. Councilman Kinghorn seconded motion. All councilmen voted in favor. Mr. Krugly agreed to furnish a legal description for the right-of-way easement for the deferred improvements agreement. The action summary on the Pine Ridge Mall Development preliminary plat was filled out by Attorney Burnett, read and signed by Mayor Cotant. PINE RIDGE MALL DESIGN REVIEW PERMIT - Engineer Smart reviewed with council the application from Price Development Company for the Pine Ridge Mall Design Review Permit. After reviewing Councilman Quick moved to approve the Price - Pine Ridge Mall Development Design Review Permit subject to the following: That separate design review applications be submitted as to all structures other than main and adjoining "A", "B", and "C" stuctures, prior to issuing building permits for those other structures. Councilman Fullmer seconded motion with full council approval. The action summary was filled out by Attorney Burnett, read and signed by Mayor Cotant. lgl PUBLIC HEARING- CHUBBUCK CENTER DEVELOPMENT PRELIMINARY PLAT. Richard Allen, Craig Christensen and Don Garrett represented the presentation of the plat. Engineer Smart has recommended that future right-of-way be dedicated now for West Chubbuck Road Development. Also that the sewer line be extended to the north as far as practical in North Afton street. Mr. Garrett asked for an exemption of the requirement of filing the final plat and bonding prior to issuance of a building permit for Smith's Food King. He added that financing becomes a problem if unable to secure a building permit. Councilman Fullmer moved that the Chubbuck Center Development preliminary plat be approved subject to the submission of a revised plat depicting all areas affected by this development with the exception of Diversified Investments, Inc. property, Handy Service and Douglas Smith property; and that all parties with interest in the affected lands by way of long term lease option for ownership submit letters joining in the submission of this plat and agreeing to be bound by it with its revisions; and furthermore, that the required letters of credit be submitted prior to issuance of any building permits with exception of Smith's Food King. Councilman Romriell seconded motion. Voting was unanimous in favor. The action summary on the Chubbuck Development preliminary plat was filled out by Attorney Burnett, read and signed by Mayor Cotant. CHUBBUCK CENTER DESIGN REVIEW PERMIT - The mayor and council reviewed the design review submitted. Engineer Smart recommended approval. Councilman Quick moved to approve the Design Review Permit for the Chubbuck Center Development with condition that separate applications for design review be submitted and approved for any structures other than the main building that houses Smith's Food King and adjoining tenants, prior to issuing building permits for such other structures. The action summary of the Design Review for Chubbuck Center Development was filled out by Attorney Burnett, read and signed by Mayor Cotant. RESOLUTION #15-79 - Designating the clerks and judges for the general city election to be held November 6, 1979, and setting the compensation to be paid for the service at $30.00 per day. Councilman Kinghorn moved to approve Resolution #15-79. Councilman Fullmer seconded motion. Roll call vote: Fullmer, yes; Kinghorn, yes; Quick, yes; Romriell, yes. CLAIMS TO BE PAID IN OCTOBER reviewed by mayor and council. Councilman Kinghorn moved to approve the claiins as presented. Councilman Fullmer seconded motion, with an unanimous vote in favor. GENERAL DISCUSSIONS: 1) Senior citizen program in Chubbuck 2) Attorney Burnett presented council with two ordinances for study by city, the ordinances pertain to qualifications and requirements in regards to issuance of business and beer, liquor and wine license. Councilman Fullmer moved, Quick seconded with full council approval to adjgu~r~n meeting at 12:]5 a.m. n 0~. Cota~nt'' {/~j~/~~~ Vera C. Armstrong, City Clerk/~ CITY OF CHUBBUCK ACTION SUMMARY BY THE CITY COUNCIL: A. Nature of Action: B. Action taken: On Appeal ~( Original Review Application approved Application denied Application approved on fol- lowing condition(s): '~~ ~ ~--~ ordin~nce~ and standards ~ere us~df%n evaluating the application: The above m~tion is taken for the following reasons: j The applicant could take the following actions to obtain favorable action by the Council: CHUBBUCK CITY COUNCIL: Date Name of Applicant: CITY OF CHUBBUCK RE: Conditional Use For A Utility Yard. CITY OF CHUBBUCK ACTION SUMMARY BY THE CITY COUNCIL: A, Nature of Action: B. Action taken: On Appeal ~ 0rigingl~Review Application approved Application denied · .Application approved on f~l- lowing cpnditioD(s): ~ ~ ~ ~~~ The following ordinances a~d standards w~e~sed~__in evaluating the The above motion is Caked for ~h? following~reasons~: The applicant could ~ake the following actions to obtain favorable action by the Council: CHUBBUCK CITY COUNCIL: By Pbesidzng 0~fficer Date Name of Applicant: CITY OF CHUBBUCK RE: Change of Land Use District CITY OF CHUBBUCK ACTION SUMMARY BY THE CITY COUNCIL: A. Nature of Action: B. Action taken: lowing condition(s): On Appeal ~ Original Review Application approved Application denied Application approved on fol- The following ordinances, and standards were os~ed in evaluating the application: The above motion is taken for, the followir~g reasons :A D z~ The applicant could take the following actions to obtain favorable action by the Council: .~7/~ CHUBBUCK CITY COUNCIL: BY~~p~r~'s ~ ~~ Date CITY OF CHUBBUCK ACTION SUMMARY BY THE CITY COUNCIL: A. Nature of Action: B. Action taken: On Appeal ~. Original Review Application approved Application denied Application approved on fol- lowing condit ion(s):~~ ~ ~ ~~~~ ~ The followin~ ^and standards wer~ ~sed in e~valuati g application: ~ ~~%f~ ~ The above motio,n is ~aken for ~h~ following reasons: ~ T~~t~ uo l~-~ake the following actzons to obtain favorable action by the Council: CHUBBUCK CITY COUNCIL: Date CITY OF CHUBBUCK ACTION SUMMARY BY THE CITY COUNCIL: A. Nature of Action: B. Action taken: On Appeal ~/ Original Review Application approved Application denied Application approved on fol- lowing condition(s): ~~~~ ~ The following ordinances and standards were~sed in evaluating the application:~ ~ ~ /~ ! /'~, / ~ ~ J D . ~ ' The above motion is [aken for the following reasons: The applicant could take the following actions to obtain favorable action by the Council: CHUBBUCK CITY COUNCIL: Date ~4Zayor / Pr'esiding Officer CITY OF CHUBBUCK ACTION SUbg~RY BY THE CITY COUNCIL: A. Nature of Action: B. Action taken: On Appeal ~ Original Review Application approved Application denied ~ Application approved on fol- lowing condition (s): ,~~/~,~ ~,~~ ~~ The above motioD is taken fo~ t~ following reasons: ~ . ,~ ~~a='g~o~t~ke ~e followin~ a~tion~ to obtain favorable action by the Council: CHUBBUCK CITY COUNCIL: Date , , , ~ ~ay¢ . __ ~-, _