HomeMy WebLinkAbout11 28 1978 CMCOUNCIL MEETING MINUTES
November 28, 1978
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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