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HomeMy WebLinkAbout12 08 1981 CM1 55 COUNCIL MEETING MINUTES December 8, 1981 Minutes of the regular council meeting held in the city municipal building, 5160 Yellowstone Avenue, December 8, 1981. Present: President of Council Dwain A. Kinghorn, Councilmembers Becky A. Hopkins, LeRoy S. Quick, Earl L. Romriell, Attorney Donald L. Burnett, Attorney B. Lynn Winmill, Public Works Director Steven M. Smart and City Clerk Vera C. Armstrong. Mayor John O. Cotant, Jr. excused. Meeting called to order by President of Council Kinghorn at 8:00 p.m. President of Council Kinghorn asked for additions or corrections to minutes of November 24, 1981 council meeting. There being none, Councilman Quick moved to approve minutes of November 24 meeting as written. Councilwoman Hopkins seconded motion, with an unanimous vote in favor. Councilwoman Hopkins asked that a memo go out to all employees about their responsibility of notifying the city and also the affected party when any damage has occurred as a result of any city employee involvement. APPROVAL OF CLAIMS - President of Council Kinghorn said he would like to ask for approval of claims tonite earlier in the meeting, since there is a good number of residents present. President of Council Kinghorn told them he would like them to be aware that the mayor and councilmembers are presented with a detailed print-out of all claims to be paid by the city each month and if they cared to see them, the city clerk would be happy to show them. After reviewing claims, Councilman Quick moved to approve claims, Councilman Romriell seconded motion. All councilmembers voted in favor of motion. PUBLIC HEARING - George A. Steinmetz, 4959 Hawthorne, has applied for a conditional use permit to operate a transmission repair shop at his home. The Land Use Commission determined at their meeting that the only way the transmission repair shop could be allowed would be if it were considered a home occupation, then a conditional use permit could be issued. Councilman Quick asked Mr. Steinmetz if he has done other work other than transmission repair. Mr. Steinmetz answered yes. Councilman Kinghorn asked if Mr. Steinmetz did engine tune-up. Mr. Steinmetz answered no, not as a rule, that he was not set up to do tune-ups. Linda Larsen, 4950 Hawthorne, said she is in favor of business, she~ has no objection to traffic, additional cars, etc. Denise Chatterton, 526 Boyd, said they do not mind the business at all, that they don't even know he is operating a business there. Mr. Steinmetz said a petition had been filed with his application with several of his neighbors signatures that are in favor of his operation. President of Council Kinghorn read the petition. Bob Ward, 4930 Hawthorne, stated he was not opposed to commercial operation. Mr. Ward said it wa~i~eeling Hawthorne Road should be zoned commercial. 1 57 PUBLIC HEARING cont'd - STEINMETZ - Councilman Quick explained the area is still residential and he did not personally think this type of business would qualify as a home occupation. If it is opened up to one then it will be requested by several and he has had five calls to his home against the business. Mr. Steinmetz said the Land Use Commission had put several stipulations upon his business and that it would be difficult for others to comply to the restrictions. Councilwoman Hopkins said she felt these conditions and stipulations would be difficult to enforce, and that she is concerned about the impact on all residential areas if this type of business can be considered a home occupation, and what will it do to the overall commercially zoned area to allow commercial in residential zones. President of Council Kinghorn said city had gone to much time and study to zone the city to protect all areas of city and protect proper growth in all areas. Councilman Romriell said it was very important that people in the area be concerned about if they want commercial in area or not. Donna Pickens, Dell Road asked what the definition of home occupation is. President of Council Kinghorn read the guidelines on home occupation from the Land Use Ordinance. Councilman Quick asked Attorney Burnett for his comments concerning the conditional use permit application and of the home occupation qualifications. Attorney Burnett stated first, that this proposed use would be prohibited if it were not a home occupation. A home occupation is conditionally permitted and that is why this is being considered tonight under the framework of an application for a conditional use permit as a home occupation. If it were the opinion of the council that this economic activity does not fit the definition of a home occupation, then that would be the end of the inquiry, there would be no home occupation to be considered here and since this activity could not be conducted in a residential zone other than as a home occupation, the application would have to be denied. The second set of provisions sets forth threshold limitations on a home occupation, that is to say that, a conditional use permit cannot be granted unless the economic activity meet certain other guidelines which President of Council Kinghorn read from the Land Use Ordinance. Those certain threshold requirements include; not more than 25% of the floor area of the dwelling should be used in the conduct of the home occupation, further; overall requirement is that the ordinance requires that any conditional use permit must be consistent with the comprehensive plan. The general thrust of the Comprehensive plan is to provide for separation of residential and commercial uses. The Land Use Plan requires thatthecity should establish a simplified scheme of land use districts which was done in 1977, going from General Residential (R-2) to General Commercial (C-2) is two steps in zoning and may be in conflict with intent of the comprehensive plan. 159 PUBLIC HEARING - STEINMETZ cont'd - Burnett - The potential trouble- some question as to whether this is in fact, a home occupation coupled with the apparent thrust and language of the comprehensive plan lead me, I have to say, to question whether it would be wise to treat this as a home occupation or to grant a conditional use permit for it. After some further discussion, President of Council Kinghorn asked for further comments. There being none, he declared the hearing closed. Councilman Quick moved that the matter of a request for a conditional use permit on basis of home occupation by George A. Steinmetz at 4959 Hawthorne, be denied as it does not qualify as a home occupancy. Councilwoman Hopkins seconded motion. All councilmembers voted in favor of motion. President of Council Kinghorn read the Action Summary regarding the council action on Mr. Steinmetz's Conditional Use Permit application and all councilmembers concurred with the summary. BID OPENING - City has advertised for bids for a Ladder and Pumper Fire Engine. One bid only was received, from Starline Equipment Company Fire Chief Bart Parrish stated that he had sent out invitations to bid to three companies and had called several others. John P. Howell, Sales Representative with Starline Equipment Company was present. Starline Equipment Bid: One American LaFrance Ladder and Pumper Fire Engine as specified = $233,176.00; F.O.B. Chubbuck Delivery. Attorney Burnett said the bid security was sufficient. President of Council said he felt the bid should be reviewed by city personnel. Councilman Romriell moved the bid be taken under advisement. Councilman Quick seconded motion. Vote was unanimous in favor of motion. TELLO BUS SYSTEM - Ron Bingelli reviewed the Tello Bus System from the beginning and of the beginning operation in 1976 for Senior Citizens and handicapped. He also reported in 1979 an Urban Rural and Transportation grant allowed service to the public. In December 1980, they developed a fixed route in Pocatello and to a limited extent to Chubbuck. At present the system touches Chubbuck at Pine Ridge Mall. The system is not serving Chubbuck, door to door except senior citizens, because for number of years they have requested financial assistance or a pro-rated sum from Chubbuck and have not received. From the last request of $8,000. SEICCA would have provided two buses in Chubbuck, one down Yellowstone and one down Hawthorne for transit system; or city was asked if they would give $1,000, to continue to serve handicapped door to door. Councilman Romriell said he would like to see Chubbuck consider a portion of the $1,000. for the handicapped and also consider some support of the transit system. President of Council Kinghorn asked that this matter be put on the agenda again in January. 161 CONSIDERATION OF TELEPHONE BIDS - Attorney Burnett has prepared a memorandum in reference to the telephone bids, referencing Title 59, Section 59-201, which reads as follows: ~'Members of the legislature, state, county, city, district and precinct officers, must not be interested in any contract made by them in their official capacity, or by any body or board of which they are members." Councilman Quick said that because of Attorney Burnett's memorandum of legal research that he formally withdrew his bid of Executone Mountain- West, and would further recommend that all bids be denied because of further expansion of city offices and possible deregulation with Mountain Bell allowing them to sell equipment in the future. Attorney Burnett gave an opinion that because the city lacks the capacity to enter into a contract with Executone-Mountain West and LeRoy Quick that the bid security can be and should be refunded as a condition of withdrawal of bid. Stan Hales with Business Communications Systems and Sharon Fougerouse with Mountain Bell were present. Councilwoman Hopkins stated she did not feel comfortable voting to reject all bids or to award the bid this evening. Councilman Quick moved to reject all bids, one reason being the city is expanding office space at present, another reason being possible deregulation by Mountain Bell. Motion died for lack of second. Councilwoman Hopkins moved to table any action this evening on award- ing of bids. Councilman Romriell seconded motion. Roll call vote: Hopkins, yes; Kinghorn, yes; Romriell, yes; Quick abstained. CONSIDERATION TO ADVERTISE FOR BIDS FOR A MUNICZPAL WATER WELL. After some discussion concerning the drilling of a well, Councilman Romriell moved to approve to publish an advertisement to invite bids for drilling, casing and developing a municipal well. Councilman Quick seconded motion. All councilmembers voted in favor of motion. Public Works Director Steven Smart told council he would like to plan his general layout and specifications for the pump, auxiliary power and well house at same time as he prepares specifications for well so they will be compatable to overall construction and development. DESIGN REVIEW PLANS - Bill McKee, McKee's Feed and Seed, 130 Evans Lane has presented plans for landscaping and green area for the front of his business. The Design Review was approved earlier on conditions he present these plans and they be approved by council before he could obtain a final building permit. Councilman Quick moved to approve th~ plan detail on McKee's landscaping plans, along with the previous conditions set forth. Councilman Romriell seconded motion, unanimous vote in favor of motion. DESIGN REVIEWS - SIGNS - EXISTING - Councilman Romriell moved to approve the Design Review on existing sign at Big Indian Traler Sales with conditions that it is to be relocated when the Yellowstone Highway is improved, as required; and at that time, the relocated sign is to comply with all then-existing sign standards. Councilman Quick seconded motion, with an unanimous vote in favor of motion. 163 DESIGN REVIEWS - EXISTING SIGNS - Councilman Quick moved to approve the Sign Design Review of Realty Country with the following conditions: (1) all signs, other than temporary signs as defined in the ordinance, to be affixed to ground in manner approved by city building official (2) all signs to be relocated, as required when Yellowstone Highway is improved; and at that time, any relocated signs to comply with all then-existing sign standards. Councilman Kinghorn seconded motion. Roll call vote: Hopkins, yes; Kinghorn, yes; Quick, yes; Romriell abstained. Councilman Quick moved to approve the following Sign Design Reviews; 1) J & M Enterprises Trailer Court, Hiway Avenue and Yellowstone Ave. 2) Mr. Petrol's Pantry, 4756 Yellowstone Ave., 3) Parkway Apts. & Mobile Home Coutt, 4613 Yellowstone Ave., 4) Triangle Oil Company, 4030 Yellowstone Ave., 5) Camelot Mobile Home Estates, 330 West Chubbuck Rd. Councilman Kinghorn seconded motion. Vote was unanimous in favor of motion. LIQUOR CATERING PERMIT - John Andros, Oasis Club, 304 N. Main has applied for a liquor catering permit to cater a private function of Dan Davidson at the E1 Cielito, December 19, 1981. Councilwoman Hopkins moved to approve the Liquor Catering Permit to John Andros to cater the function at the E1 Cielito on December 19. Councilman Kinghorn seconded motion, all councilmembers voted in favor of motion. CLAIM - Donald K and Pansy R. Sample, 6565 Hawthorne Rd., has submitted a claim against the City of Chubbuck for sewer damages to the basement of their house due to a sewer back-up in the main line on December 4, 1981. President of Council Kinghorn stated this claim would be turned over to the insurance carrier. ORDINANCE #231 - To provide for the regulation and licensing of pawnbrokers or pawnshops was read in full by Attorney B. Lynn Winmill. Councilman Quick moved to dispense with rule of reading Ordinance #231 on three separate days. Councilman Romriell seconded motion. Roll call vote: Hopkins, yes; Kinghorn, yes; Quick, yes; Romriell, yes. Councilman Romriell moved to adopt Ordinance #231, providing for regulation and licensing of pawnbrokers and pawnshops. Councilman Quick seconded motion. Roll call vote: Hopkins, yes; Kinghorn, yes; Quick, yes; Romriell, yes. Councilman Romriell moved, Quick seconded with full council approval at 12:10 a.m. to adjourn meeting unt/3-%i4:30 p.m~ on December 29, 1981. D~aifi A. Kinghofn~si~ent of Council Vera C. Armstrong, City Clerk