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Home My WebLink About05 27 1980 CMCOUNCIL MEETING MINUTES May 27, 1980 93 Minutes of the regular council meeting held in the city municipal building May 27, 1980. Present: Mayor John O. Cotant, Jr., Councilmembers Becky A. Hopkins, Dwain A. Kinghorn, LeRoy S, Quick and Earl L. Romriell. Attorney Donald L. Burnett, Jr., Engineer Steven M. Smart and City Clerk Vera C. Armstrong. Meeting called to order at 8:45 p,m. by Mayor Cotant. Mayor Cotant asked for additions or corrections to minutes of May 13 and May 20. After reviewing minutes, Councilman Quick moved to approve minutes of May 13 and May 20, Councilman Kinghorn seconded motion. All councilmembers voted in favor, ~ESIGN REVIEW PERMIT - David L. Garvin, A-1 TV Service, 5003 Yellowstone has applied for a Design Review permit. He presented his plans and proposals concerning the design review. Engineer Smart recommended that the driveway and parking area be paved when Yellowstone Highway project is completed. Discussion followed as to the requirement that the parking lot and driveway be paved at this time. Mr. Garvin said there is no place for the run-off to go if is is paved prior to highway project. Concerning the easement or driveway to the rear of Mr. Garvin's property, Attorney Burnett told council they could require applicant to prove or show by way of court order that he has the right to use the property under a prescriptive easement. Attorney Burnett added that the building inspector would need to determine if the use of this area that is subject to the prescriptive easement is necessary under the Uniform Building Code in order for Mr. Garvin to get a permit, or in other words is Mr. Garvin required to show certain access or certain parking to get a permit, or if access to rear of property is required to receive a building permit. Mayor Cotant suggested Mr. Garvin meet with building inspector Dan Stuart and determine if Mr, Garvin has the required number of parking spaces and if access to rear of his building is required for issuance of permit. Councilman Quick moved to table this matter of business until the adjourned session of this meeting. Councilman Kinghorn seconded motion, all councilmembers voted in favor. Building Inspector Danny Stuart is requested by council to attend the adjourned session of this meeting. ORDINANCE #213, amending Ordinance No. 179 repealing Section 2 (d) thereof in its entirety, relating to vehicles governed by Idaho Code 49-752 was read in full by Mayor Cotant as the third reading. Councilwoman Hopkins moved to pass Ordinance #213 amending Ordinance No. 179, repealing Section 2(d) therof in its entirety, etc. Councilman Romriell seconded motion. Roll call vote: Hopkins, yes; Kinghorn, yes~ Quick, yes; Romriell, yes. 95 ORDINANCE PROHIBITING PARKING IN THE TRAVELED PORTION OF A ROADU~Y; ~ng it dnlawfdl to park in a roadway or street right-of-way other than close to and parallel with the edge or curb of the roadway headed in the direction of lawful traffic; etc. read by title only by ~layor Cotant and accepted as second reading. SEWER EASE~£NT Engineer Steven Smart reported that in regard to the sewer easement at 5009 Yellowstone there is a recorded easement on file and from an inspection of the area it appears the sewer line is definitely in the ~we~5'-~t-~a~eme~~ - twenty five foot easement ORDINANCE AMENDING Ordinance No. 78, requiring installation of a pressure regulator and strainer where local water pressure is in excess of eighty pounds per square inch, etc. was read by title only by Mayor Cotant and accepted as the second reading. ORDINANCE AMENDING ORDINANCE #127, eliminating the surety bond when private individuals install their own curb, gutter and sidewalk; etc., was \~< read by Mayor Cotant and accepted as the second reading. ORDINANCE AMENDING ORDINANCE #185, making indecent exposure a misdemeanor, etc., was read by title only as the third reading by Mayor Cotant. This ordinance has been read in full previously. Ordinance was numbered #214. Attorney Burnett suggested amending Section 3: A., (1) (b) to contain the words drawing, writing or displaying .... Councilman Romriell made motion to amend Ordinance #214 Section 3: A., (1) (b) to contain the words drawing, writing or displayin~ of any indecent,'profane, dffensive, or obscene words, etc., and that the heading of the ordinance be amended accordingly. Councilman Qui~k seconded motion. Roll call vote: Hopkins, yes; Kinghorn, yes; Quick, yes; Romriell, yes. Councilman Kinghorn moved to waive the rule of reading the ordinance on three separate days. Councilman Quick seconded motion. Roll call vote: Hopkins, yes~ Kinghorn, yes; nuick, yes~ Romriell, yes. Councilwoman Hopkins moved to pass Ordinance #214.amending Ordinance #185, making indecent exposure a misdemeanor, etc. Councilman Kinghorn seconded motion. Roll call vote: Hopkins, yes; Kinghorn, yes; Quick, yes~ Romriell, yes. IRRIGATION DITCH ALONG STUART AVENUE NEAR PORTNEUF LIBRARY. Mayor Cotant and Engineer Steven Smart reported that this ditch lies ~}itbi. n the property of the Stuart Park, and Rodney Clark has offered to furnish pipe for underground piping of the ditch if the city will install the pipe. The ditch lies within an easement held by Arnold Stuart and he has said he would transfer the easement rights to the city when the ditch is piped. After discussing, Councilman Romriell moved to accept the offer of Clark Real Estate to furnish pipe for undergrounding piping of the ditch and that city install the pipe at the earliest opportunity. Councilman Kinghorn seconded motion. All councilmembers voted in favor. EXECUTIVE SESSION - Councilman Romriell moved to go into executive session to discuss a potential real estate transaction, Councilman Kinghorn seconded motion with all councilmembers voting in favor. AFTER COMPLETION OF EXECUTIVE SESSION, Councilman Quick moved to resume into regular session, Councilwoman Hopkins seconded motion with full council approval. ORDINANCE AMENDING Ordinance No. 143 and Ordinance No. 167, by providing for additional requirements regarding design and reinforcement of walls and additional means of emergency egress from basements was read by titly only by Mayor Cotant and accepted as the first reading. ORDINANCE AMENDING ORDINANCE No. 206, providing that all structures or improvements dedicated to the public, and accepted, shall be warranted against defects for a period of three years from the date of acceptance read ~n full by tlayor Cotant and accepted as the first reading. ORDINANCE AMENDING No. 179, to re-define "Subject Vehicle" for the purposes of said ordinance read by title only by Mayor Cotant and accepted as the first reading. CHUBBUCK DAYS - Councilwoman Hopkins made a report on the progress of plans for Chubbuck Days. She announced the next meeting will be held at the municipal building June 5, at 7:00 p.m. 97 PUBLIC HEARING - PROPOSED LAND USE AND LAND DEVELOPMENT AMENDMENTS - Mayor Cotant declared hearing open for Land Use and Land Development proposed amendments. Mayor Cotant asked for any input, there being none, Councilman Quick moved, Councilman Kinghorn seconded, to continue the public hearing until June 3, at 7:00 p.m. All councilmembers voted in favor. COUNCILMAN Kinghorn moved to adjourn this meeting at 11:20 p.m., until 7:00 p.m. on June 3, 1980. Vera C. Armstrong, City Clerk~