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HomeMy WebLinkAbout11 28 1978 CMCOUNCIL MEETING MINUTES November 28, 1978 183 Minutes of the regular city council meeting held in the city municipal building November 28, 1978. Present: Mayor John O. Cotant, Jr., Councilmen Boyd L. Fullmer, Dwain A. Kinghorn, LeRoy S. Quick, Earl L. Romriell, Attorney Donald L. Burnett, Engineer Steven M. Samrt and Clerk Vera C. Armstrong. Meeting called to order at 8:06 p.m. by Mayor Cotant. Mayor Cotant asked for any corrections or additions to minutes of November 14. There being none, Councilman Kinghorn moved to approve the minutes of November 14 as written. Councilman Romriell seconded motion and all councilmen voted in favor. ZONING - MINGO LANE - Mr. Darrell Larkin. , 237 Mingo, is operating a business of welding and repair work. The city has received complaints in regards to the operation of this business and Mr. Larkin and his Attorney Isaac McDougal have been invited to this meeting. Attorney Isaac McDougal and Darrell Larkin were present. Attorney McDougal said he felt that Mr. Larkin shoul~d be allowed to continue his operation on Mingo Lane as a nonconforming use. Mr. McDougal said Mr. Larkin has the same business, to the same degree, offers the same service as he did before adoption he should be allowed to continue it as McDougal read a reference from Chapter the zoning ordinance #98, which allows of zoning ordinance and that a nonconforming use. Attorney 2, Section l, paragraph E, in nonconforming uses to continue. Mr. Dean Renfrow, 226 Mingo, stated he felt there is no such thing as grandfather rights. Mr. Renfrow told council that Mr. Larkin cleaned up his property very well about a year age, but that it was building up again. Attorney Burnett told Mr. Renfrow that zoning is done by ordinance by the city, grandfathers rights is the laymans term, zoning language refers to it as a nonconforming use. Attorney Burnett told Mr. Larkin and Attorney McDougal that the recent complaints should be considered as a separate nuisance outside the zoning issue. Harold Anderson, 225 Mingo stated he objected to Mr. Larkin working late at night and on weekends, but would not object to his shop during daytime hours. Mayor Cotant asked Mr. Larkin if he could limit his welding and shop work to daytime use. Mr. Larkin and Attorney McDougal said Mr. Larkin would be willing to limit business and alleviate the nuisance, Which would include no welding outside fence nor any welding at night. Dean Renfrow, 226 Mingo Lane, said he was concerned about Mr. Larkin enlarging his business to property he has bought at 231 Mingo. Attorney Burnett explained that Mr. Larkin is'all,owed to expand his business within the boundaries of the lot on which it existed at the effective date of zoning ordinance only. ZONING - MINGO LANE - Attorney McDougal told Mayor and Council that Attorney Burnett's point is well. taken on the nuisance complaint and he will work with Mr. Larkin to stop this nuisance. Mayor Cotant said that it seems the Larkin problem is solved. Harold Anderson, 225 Mingo, asked if he could do business in his workshop or lease it as he has used it as a workshop since he moved to Mingo Lane. Attorney Burnett told Mr. Anderson he could continue to operate his shop himself or by lease. BEER LICENSE APPLICATION - Christensens Chubbuck Service Corner, Marvin Christensen owner, has applied for a retail beer license. Police department have no objections to the approval of license. Phil Garcia represented Chubbuck Service Corner in the license request. Councilman Romriell moved to approve the issuance of the retail beer license for Chubbucks Service Corner. Councilman Fullmer seconded motion and all councilmen voted in favor. RESOLUTION 12-78 - Resolution and Construction Agreement to allow the State to administer the Railroad Crossing Project # RRP-RRS-7041(O01) was read in full. Attorney Burnett told council he had reviewed agreement with the Railroad officials and they had agreed for agreement to be amended to read that Chubbuck, the sponsor, maintain that portion of project constructed by sponsor and that change was made by Attorney Burnett. Councilman Quick moved to approve Resolution 12-78 and Construction Agreement on Project #RRP-RRS-7041(O01), Railroad Crossing Project. Councilman Romriell seconded motion with an unanimous approval of c6uncilmen. ORDINANCE #194 - Annexing certain lands known as "Northside Plaza" and annexing certain other lands known as the "Dell Road Area" Was read by title by Mayor Cotant. The reading was considered the second reading. Mayor Cotant asked the city clerk to notify all property owners that council is considering this ordinance and invite them to be in attendance at the December 12 council meeting. LIQUOR CATERZNG PERMIT - Edward L~ Owehs, Ed's Five Corners, has applied for a liquor catering permit to cater an event for Smiths Food King on December 13, 1978 at the E1 Cielito. Councilman Fullmer moved to approve the liquor catering permit to Ed's Five Corners to cater this event at the El Cielito. Councilman Kinghorn seconded motion and all councilmen voted in favor. RENEWAL OF BEER, WINE AND LIQUOR LICENSES - Police Department have approved the renewal of present beer, wine and liquor licenses. Mayor and council reviewed the present beer, wine and liquor licenses. Councilman Kinghorn moved to approve the renewal of all present beers wine and liquor licenses. Councilman Quick seconded motion. All councilmen voted in favor. 185 RESOLUTION #13-78 - Resolution and Cooperative Traffic Signal Agreement for the INterchange traffic signal installation was read in full by Mayor Cotant. A discussion followed regarding the signal light installation. Mayor and councilmen voiced concern of traffic back-up and stopping of traffic on the overpass during times of icy roads, however, knowing a traffic problem does exist at this Interstate ramp, felt they should do what can be done to alleviate same. Councilman Kinghorn moved to approve Resolution 13-78 and Traffic Signal Agreement of the Yellowstone Highway (US91) and 1-86, Chubbuck Interchange Traffic signal agreement. Councilman Fullmer seconded motion with all councilmen voting in favor. Councilman Quick moved, Romriell seconded, with council approval to adjourn meeting at 9:40 p.m. Vera C. Armstrong, City Cl~y ~John O. Cotant, Jr., Mayo~ 187