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HomeMy WebLinkAbout04 29 1980 CM COUNCIL MEETING MINUTES 73 APRIL 29, 1980 Minutes of an adjourned and continued council meeting of April 22 held in the municipal building April 29, 1980. Present: Mayor John O. Cotant, Jr., Councilmembers Becky A. Hopkins, Dwain A. Kinghorn, LeRoy S. Quick, Earl L. Romriell, Attorney Donald L. Burnett, Jr., Engineer Steven M. Samrt and City Clerk Vera C. Armstrong. Meeting called to order at 7:05 p.m. by Mayor Cotant. Mayor and council decided to meet with the Land Use and Development Commission at a special meeting to be held May 6 at 7:00 p.m. to discuss public hearing items listed on public hearing notices of February 19 and April 8, and concerning the moratorium on mobile homes. PUBLIC HEARING NOTICE - February 19, 1980 - Item #1 - Whether the ordinance should be amended to allow the use of portable signs to alter the limitations on projecting signs and to change the regulations governing free-standing on-premise signs. The mayor and council have been considering and reviewing the Idaho Falls Sign Code and general discussions concerning code were; 1) Councilman Romriell said he felt the city should allow private indivuduals to construct their own signs without being bonded. 2) Attorney Burnett told council that as a condition to issuing a sign p~rmit that a bond might be required if there is a possibility that the sign might fall upon public property if blown' down or fell down. 3) Attorney Burnett asked council if city wants to require contractors in general to be bonded, if so the city should require bonding of sign contractors, he also added that public contractors have to be licensed and to prove that liability insurance is provided. 4) It was the general consensus of council that permit fee schedule be the same as the Uniform Building Code fee structure. 5) Marquise signs - leave as in Idaho Falls code. Councilman Quick moved for Attorney Burnett to prepare an amendment to the Land Use Ordinance saying all signs shall conform to the Chubbuck Sign Ordinance. Councilwoman Hopkins seconded motion, all councilmembers voted in favor. GENERAL DISCUSSION l) Attorney Burnett suggested the mayor and council meet with Building Inspector Dan Stuart and allow him to go thru the Uniform Building Code and explain section by section of any troubles within the code and then follow up with the building inspector and fire chief the same way on the Life Safety Code and the Uniform Fire Code. Council thought this was a good idea. Councilman Kinghorn moved to recess the Land Use and Land Development public hearing meeting in regards to the amendments. Councilman Quick seconded motion with all in favor. Minutes of the special public hearing council meeting held in the city municipal building April 29, 1980. Mayor and all councilmembers, attorney, engineer and city clerk present. Meeting continued into public hearings and other council business. PUBLIC HEARING - S & N ESTATES - Kent Shiozawa, Ronald Nelson, and Richard Nelson, developers of S. & N. Estates, through their engineers, Harper, Morgan and Associates are requesting the following relief from certain provisions of Ordinances No. 206, 206, and 207 in regards to their proposed subdivision within the impact area of the city, but outside of the city limits. The developers and Engineer Harper were present. 1) Relief to construct said subdivision in the light industrial zone as outlined in the City of Chubbuck Land Use Ordinance No. 205, which is in the Residential Suburban zone of Bannock County. 2) Relief from Ordinance No. 207, Section 2-2-A-4-a to construct aerial electrical utility lines. 3) Relief from various provisions of Ordinance No. 207, to construct the Bannock County 2 inch Bituminous Penetration Surface Type Road, 24 feet in width without curb, gutter, sidewalk and without street lighting and the borrow pit shall serve as the storm drainage system. 4) Relief from Ordinance No. 207, Section 2-2-B-I~bP.V.C. AWWA C-900 Water Line. 5) Relief from Ordinance No. 207, Section 2-2-BlO-b to construct one 12 inch well to provide 300 GPM and three fire hydrants equally spaced on said water system. The larger well and fire hydrants to be constructed in lieu of a recreational site as required by Ordinance No. 206, Section 3-3. 6) Relief from Ordinance No. 207, Section 2-2-B-8-b to install individual sewage disposal systems. 7) Any and all other items not mentioned above to be in accordance with the present Bannock County Standards and or approvals by Bannock County. Mayor Cotant suggested an agreement be entered into so that city may gain ownership of well at city's disgression of time. Attorney Burnett said that a deed of dedication could be executed subject to the recording of another instrument of acceptance and the city could record their offer of dedication and make it irrevocable and then at such time as the city wants to accept the well the city would execute and record another instrument accepting the dedication, that would leave the timing up to the city when that property would become municipal property and in the meantime it would remain private property and the maintenance would be a private responsibility. Mr. Kent Shiozawa asked if the owners of 2 1/2 acre lots could afford to water thief lots at city prices. It was brought out that property owners would have irrigation water benefits and the well water costs probably would not be that great. Mr. Shiozawa also questioned how city annexation might affect the subdivision in regards to livestock, etc., and the subject was discussed. Attorney Burnett asked if a private utility company for water now exists. Mr. Shiozawa said no, they would need to wait until subdivision was approved prior to forming their water association. 75 PUBLIC HEARING - S & N ESTATES - Mayor and council emphasized it be essential the lots be kept as large as they are now depicted on the plat to maintain the semi-rural nature of the development and that that is an important consideration in considering the relief items. Mr. Shiozawa said the county has approved the exclusion of the road easement to the east between Lots 17 and 18. Attorney Burnett recomended that items only #1 thru #6 be approved. Councilman Romreill moved to approve the preliminary plat of the S & N Estates with relief of certain provisions of Ordinance No. 205~ 206 and 207 listed as Items No. 1 thru No, 6 on the public hearing notice, upon condition that the well test at 1200 g.p.m., that a tracer be installed on the water line and that there will be executed an irrevocable offer of dedication of a community well lot, appertenances and water lines and that there be submitted to the city a copy of the recorded restrictive covenants and providing for minimum lot size to correspond to the lots as depicted on the plat. Councilman Quick seconded motion, vote was unanimous in favor. PUBLIC HEARING - A proposal by Cosgriff, Inc. for a conditional use permit to erect an off-premise Poster sign at 4705 Yellowstone. Property is zoned General Commercial (C-2). Mr. Joe Williams making the request was present. Councilman Kinghorn Kinghorn moved to grant the conditional use permit to Cosgriff, Inc. for an off-premise poster sign at 4705 Yellowstone, subject to confom~ance of a depiction of sign furnished by Cosgriff, Inc. Councilwoman Becky Hopkins seconded motion, all councilmembers voted in favor. PUBLIC HEARING - A proposal by McKee's Feed and Garden Center for a conditional use permit to erect a Free-standing on-premise sign and a Wall on-premise sign at their business on Evans Lane. Property is zoned General Commercial (C-2). Councilman Romriell moved to approve a conditional use permit to erect a Free-standing on-premise and Wall on-premise sign substantially in compliance with the depiction viewed and approved by the Land Use Commission. Councilman Kinghorn seconded motion with an unanimous vote in favor. APPLICATION FOR WAIVER OF PLATTING REQUIREMENT - Rodney J. Parrish has applied for a waiver of the platting requirements or relief from provisions of Land Development Ordinance for a remodel and an addition to the Parrish Company Store at 4537 Yellowstone. Councilman Quick moved to approve the application for waiver of platting requirements or relief from provisions of Land Development Ordinance. Councilwoman Hopkins seconded motion, voting was unanimous in favor. APPLICATION FOR A DESIGN REVIEW PERMIT - Rodney J. Parrish has made application for a design review permit for the remodel and addition to the Parrish Store at 4537 Yellowstone. After discussio~ Councilman Quick moved to approve the design review permit application subject to the following conditions; green vegetation landscaping to be placed in front of the multi-story section of the building along Yellowstone and green vegetation island at southeast corner of the lot with ten foot radius from point of intersection with sidewalk. Councilman Kinghorn seconded motion with all councilmembers approving. 77 PUBLIC HEARING - LAND USE AND LAND DEVELOPMENT ORDINANCES - Mayor Cotant declared the Land Use Hearings previously recessed now back in session. Mayor Cotant asked if there are any persons in attendance that wish to make additional input on any of the land use items that remain pending. There appearing to be none, Councilman Kinghorn moved to continue the Land Use and Land Development hearings until May 6, 1980 at 7:00 p.m. Councilman Quick seconded motion with full council approval. GENERAL DISCUSSIONS: 1) New public hearings to consider conditional use permits, parking in residential zones and the schedule of controls in all zones. 2) Swimming lesson possibility - Engineer Smart to contact Oxbow Motor Inn concerning same. RESOLUTION No. 3-80, authorizing Mayor Cotant to apply for a grant to develop Mary's Park in the Mountain Park Subdivision, was read in full by Mayor Cotant. After a thorough discussion, Councilwoman Hopkins moved to approve Resolution No. 3-80, authorizing Mayor Cotant to apply for a grant to develop Mary's Park. Councilman Kinghorn seconded motions all council members voted in favor. SWIMMING POOL - Councilman Romriell suggested that the greater amount of contributions towards park development or cash in lieu of park develop- ment be set aside for a swimming pool. Councilwoman Hopkins moved, Kinghorn seconded with full council approval for meeting to adjourn at 11:00 p.m. until 7:00 p.m., May 6, 1980. era C. Armstrong, City Cle? ant, Jr., Mayor 79