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HomeMy WebLinkAbout10 13 1981 CMCOUNCIL MEETING MINUTES 123 October 13, 1981 Minutes of the regular council meeting held in the city municipal building October 13, 1981. Present: Mayor John O. Cotant, Jr., Councilmembers Dwain A. Kinghorn, LeRoy S. Quick, Earl L. Romriell, Attorney Donald L. Burnett, Jr., Engineer Steven M. Smart and City Clerk Vera C. Armstrong. Councilwoman Becky A. Hopkins excused. Meeting called to order at 8:00 p.m. by Mayor Cotant. Mayor Cotant asked for corrections or additions to minutes of September 22, 1981, an adjourned meeting at 7:00 p.m. and the regular meeting at 8:30 p.m. After reviewing, Councilman Romriell moved to approve minutes of the adjourned meeting of September 22 and the regular meeting of September 22 as written. Councilman Quick seconded motion, all councilmembers voted in favor of motion. PUBLIC HEARING - Conditional Use Permit or Change of Land Use District requested by John Stoddard, 211 Hiway Avenue, to operate a kennel at their residence. Property is presently zoned General Residential t,R-2).,~guncilmemb~rs R~_o~_r~ll and Kinghorn stepped down and disq~91ified * ADDITION nemseives to vote. ' - - -- ~ -- Mayor Cotant declared the public hearing open, TESTIMONY as follows: briefed, Attorney Burnett asked all participants to come forward so the tape recording would pick up their remarks. Sue Myers, 219 Hiway Ave., stated she opposed the kennel beccause of noise and smell. The dogs bark and howl several times a day, especially when trains go by. Kathy Grumbein, 231 Hiway Ave., said she opposed the kennel because of the noise. Lynwood Absher, 228 Mingo Lane stated he thought Mr. Stoddard was trying to do a good thing and should be allowed to do it if they would take care of the dogs. Doris Beck, 252 Hiway Ave., said she opposed the kennel and the keeping of the dogs because of the noise. John Stoddard, 211 Hiway, stated they keep their kennels as clean as possible, that he does have a dog that sings or howls occasionally. He presently has 14 dogs and would like to keep approximately that many in the future. He also said he was not aware of his dogs being a nuisance in the past. Dogs are well taken care of, they are usually neutered or spayed. Mr. Stoddard said it was his understanding there was no limit to the dogs he could keep if licensed and if necessary he would license them. Earl L. Romriell, 204 Hiway Ave., remarked that neighbors on Hiway Avenue should not take abuse because of trying to protect their own interest. The complaint received should be enough justification to deny the request. 125 Dwain Kinghorn, 145 Hiway Ave., said he had not verbally opposed the keeping of dogs previously, but that he felt Mr. Stoddard was imposing on neighbors rights by operating the kennel. Mr. Kinghorn said he was concerned about people being able to start up a business in residential zones. Mr. Kinghorn also said he was concerned about the change of zone request, that it would be spot zoning in center of subdivision and not fair for one person to be spot zoned. Mr. Kinghorn further remarked that change of zone should be done on a broad base according to the ordinance, which would be consistent with the entire area. Mayor Cotant asked if there was any further testimony, there being none, the public hearing was declared closed as to public input. Mayor Cotant asked for comments from council. Councilman Quick commented that he was not a lover of noisy dogs at night, that the city ordinance does not permit a dog kennel in a residential area, and that he sees no purpose of spot zoning in regard to the request for a change in land use district. Following the above comments, Councilman Quick moved that the findings of Land Use Commission be upheld and that the Conditional Use Permit for the Change of Land Use District be denied and that the Conditional Use Permit for use of operating a kennel in the area also be denied. Attorney Burnett stated that it appears that two city councilpersons have deemed themselves disqualified to vote and have become participants in the public segment of the hearing, and for that reason he believes the remaining two councilpersons should vote and in the event that their votes were divided, the mayor would cast the controlling vote. Because the fourth councilperson is not present at meeting, Attorney Burnett advised he believed the motion could be made and recorded but the matter would have to be tabled and continued to another meeting. The new city councilperson will have the opportunity to listen to the tapes both of the public segment and of the discussion by Councilperson Quick, together with the record that was compiled before the Land Use and Development Commission, that at the next meeting the matter should be placed on the agenda for continuation of discussion by city council and a vote of that motion or any other motions that may come up at that meeting. Attorney Burnett added that it will not be necessary for those persons who have expressed their views to come again to re- express their views. It is a public meeting and anyone can attend and listen, but the public segment of meeting having been recorded and having been closed, it will not be necessary to repeat that. Mr. Stoddard is entitled to attend and entitled at any point to respond to questions from the council if there are any. Mayor Cotant informed those present that meeting on continuation of this matter would be held October 27, 1981. PUBLIC HEARING - Conditional Use Permit request by Joseph D. Baker to place a mobile home at 245 Mingo Lane for residential purposes. Property is presently zoned General Residential (R-2). Mayor Cotant opened the hearing for disucssion on the conditional use permit request. Mr. Baker and several neighboring residents were present, their approval had been previously expressed at another council meeting. PUBLIC HEARING - Conditional Use Permit - Joseph D. Baker cont'd- It was the concensus of the council members that the placement of a newer mobile home on Mingo Lane would upgrade the area. 127 Councilman Kinghorn moved to approve the Conditional Use Permit allow- ing Joseph D. Baker to place a new mobile home at 245 Mingo Lane. Councilman Romriell seconded motion, vote was unanimous in favor of motion. DESIGN REVIEW PERMIT - North's Chuck Wagon REstaurant has applied for a design review permit for construction of a restaurant in the Pine Ridge Mall development area. Mayor and Council reviewed the application. The development is in a General Commercial zone. Councilman Romriell moved to approve the Design Review Permit for North's Chuck Wagon Restaurant. Councilman Kinghorn seconded motion. All councilmembers voted in favor of motion. DESIGN REVIEW PERMIT - Eddie McArthur, 342 Hiway Avenue, has applied for a design review permit for an addition to his machine shop. Mr. McArthur has requested a years time to pa~e the parking area for hi~ business. Councilman Quick moved to approve the Design Review Permit of Eddie McArthur for an addition to his machine shop with the condition that the e~ire parking lot be paved within a year, Councilman Romriell seconded motion, required REVIEW PE~MI~p-2 s aces) DESIGN Pine Ridge Chevron, 4259 Yellowstone, has applied , for a design review permit for an existing sign. The design review ~ is necessary to satisfy ordinance requirement on non-conforming existing signs. ~fter.cons~der~tio% Councilman Quick moved to approve the Design Review ~ vermi~ application of Pine Ridge Chevron at 4259 Yellowstone. Councilman Kinghorn seconded motion, unanimous vote in favor of motion. POLICE CAR BID CONSIDERATION - Bids were received September 8, 1981 for police car. Glen's Chevrolet, Ted's Chrysler add C. Ed Flandro sub- mitted bids. Councilman Romriell moved to accept the bid of C. Ed Flandro for a 1982 Ford Fairmont Futura in the amount of $7790.00, bid being the lowest bid received. Councilman Quick seconded motion. Vote was unan- imous in favor of motion. SHOP HEATING BID CONSIDERATION - Bids were received and opened at the September 22 council meeting. Two bids were received, one from Luxaire Heating and one from Greene Plumbing and Heating. Councilman Romriell moved to table consideration on heating system until mayor and council have the opportunity to inspect and observe similar heating systems in operation in the area. Councilman Kinghorn seconded motion, all councilmembers voted in favor of motion. TELEPHONE SYSTEM BID CONSIDERATION - Bids were received September 22, for a complete telephone system for city building, police station and shop. 129 TELEPHONE SYSTEM BID CONSIDERATION cont'd - City Attorney Burnett ruled that Mountain Bell's bond was not sufficient because it was not a surety bond from a qualified bonding company, but a bond from Mountain Bell. He also told council that the bid of Executone covered the cash purchase price only, not maintenance or extended monthly lease purchase bid. After some discussion, Councilman Kinghorn moved to reject all bids and direct the city engineer to prepare new bids for advertisement. Councilman Romriell seconded motion. All councilmembers voted in favor of motion. ORDINANCE prohibiting sounding of false alarms, burglary or robbery alarms was read in full by Mayor Cotant. Mayor Cotant made the proposal that the fee per false alarm be $250.00 and that fee should apply to all alarms occuring, based on the report that it requires eight men three hours to answer a call. Consideration of ordinance was tabled until the October 27 meeting. Mayor Cotant instructed Engineer Steven Smart to arrange to have the Pine Ridge Mall manager and the Police Chief at meeting to review the ordinance. CLAIMSto be paid in October have been presented to Mayor and Council. After reviewing, Councilman Romriell moved to approve payment of claims as presented. Councilman Quick seconded motion, vote was unanimous in favor of motion. At the hour of ll:O0 p.m., Councilman Kinghorn moved, Councilman Quick seconded with full council approval that meeting be adjourned until 7:00 p.m., October 20, 1981. V a C. Armstrong, City Cl~ oh~n O. Co'ant, Jr., Mayor