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HomeMy WebLinkAbout11 09 1982 CM COUNCIL MEETING MINUTES November 9, 1982 Minutes of the regular council meeting held in the city municipal November 9, 1982. building, PRESENT: Mayor John O. Cotant, Jr., Councilmembers Becky A. Hopkins, Dwain A. Kinghorn, Thomas S. Nield, LeRoy S. Quick, Attorney B. Lynn Winmill, Public Works Director Steven M. Smart and City Clerk Vera C. Armstrong. Meeting called to order at 7:30 p.m. by Mayor Cotant. APPROVAL OF MINUTES: Mayor Cotant asked for corrections or additions to minutes of October 26, 1982. There being none, Councilman Kinghorn moved to approve minutes as written of October 26, 1982. Councilman Quick seconded motion. All councilmembers voted in favor of motion. PUBLIC HEARING: Linda Moody, 5042 Pleasant View, has applied for a conditional use permit to operate a Pre-School (ten child) in her home. Property is presently zoned Limited Residential (R-l). Mayor Cotant opened the public hearing and asked for those present to step forward to the council table so the tape recorder would pick up their comments in favor or against the application. Linda Moody, 5042 Pleasant View, told of her desire to operate a Pre-School for ten children in her home two hours a day, four days per week. Their plans are to remodel the garage to provide for the classes. Jeffrey Clark, 4969 Pleasant View, stated he was in favor of application, does not believe the nursery will effect traffic as most children will be local. Mr. Clark said he plans to send his children to the school. Cindy Stephens, 5103 Redfish, stated she is in favor of the Pre- School and plans to send her children. Brenda Clark 4969 Pleasant View, stated she is in favor of the school, that eighty percent ~f class is in area and she plans to send her children to the school. Everett Moody, 5024 Pleasant View, told council he has visited the residents in the area, has obtained 70 signatures in favor of their Pre-School. Councilman Nield asked question about city and restrictive covenants. Attorney Winmill explained city has no role in enforcing or to the effect of restrictive covenants. Attorney Winmill questioned Linda and Everett Moody concerning requirements of home occupation. Mrs. Moody told city she and neighbors had been operating a co-op Pre-School. 131 133 PUBLIC HEARING - Linda Moody-PreSchool cont'd - Mayor Cotant asked for additional comments in favor of pre-school, there being none, Mayor asked for comments opposing the pre-school. Jan Seymour, 5069 Pleasant View, asked who would control the ten child limit and stated that she.was in opposition of request and concerned about property values. Attorney Winmill told Mrs. Seymour city could control ten child limit, if fact is known. Linda Gustafsen, 5140 Pleasant View, opposed the proposal because of the precedence it may set to commercial type businesses in residential area and concerned about the traffic, also concerned about property values and property sales. Jim Cooper, 4910 Elizabeth, asked if she wanted to increase enrollment would she need to come back with another application. Answer was yes. Mr. Cooper said he was against the application as he feels it would make property in area difficult to sell and open up area to commercial type businesses. Steven Slikker, 5070 Pleasant View, said he would be against allowing business in home as it would set precedence. Mr. Slikker asked what controls a conditional use permit would have. Attorney Winmill told Mr. Slikker the conditional permit allowed the city to allow certain operations, and city could set conditions to control the permit. Mayor Cotant asked for any additional comments from audience, there being none Mayor Cotant asked Councilmembers for their comments. Councilman Kinghorn, asked where you have day care centers and pre- school when no one wants them in residential areas, however, he stated he is concerned of the precedence that is set when allowing this type of operation in residential ~ones and said he would make his proposal to council that the permit not be granted. Councilman Quick remarked that he feels residential zones should be protected and city has responsibility to reinforce and back up city ordinance and try to be in compliance with restrictive covenants of residential zones. Councilman Nield stated, being a father of several children, he understand the need of nurseries~ however, as a city councilman he feels the need to protect the rights of residents in the residential zones. Councilwoman Hopkins agreed kids need a good place to go and have training. Mrs. Hopkins remarked that this is a tough decision, and city needs to look at the impact of granting a permit for this application. PUBLIC HEARING-Linda Pre-School cont'd. Mayor Cotant said he felt the council had expressed their feelings very well and the main point is that violations of businesses in residential zones does hurt the neighborhood. Mayor Cotant told those present they have one of the best residential zones in the area and felt it the city's responsibility to keep residential zones in an acceptable residential atmosphere. 135 Councilman Kinghorn made motion to deny the conditional use permit of Linda Moody, 5042 Pleasant View, to operate a pre-school in her home on the premise of protecting the residential subdivision of home occupations so that it does not change the quality of living, of protecting home property values, of protecting the tranquility of the limited residential area so that it does not conflict with the prevailing policies. Councilman Quick seconded motion. All councilmembers voted in favor of motion. CATERING PERMIT - Application has been made for a liquor catering permit to cater a Pocatello Carpenters Credit Union Board of Directors event December 12, 1982, from 6:00 to 11:00 p.m. at the E1Cielito. Councilman Kinghorn moved to approve the liquor catering permit application of Neeley's Lounge for the December 12 function. Councilman Quick seconded motion. Vote was unanimous in favor of motion. CATERZNG PERMIT DATE CHANGE - Councilman Kinghorn moved to approve the date change of the previously approved liquor catering permit to Neeley's Lounge for the Johnson Wedding at the E1 Cielito, which was entered in error as November 12 instead of November 13. Councilman Quick seconded motion. Vote was unanimous in favor of motion. EMPLOYEE DISABILITY AND LIFE INSURANCE COVERAGE - Mayor and Council discussed benefits of an insurance policy with Standard Insurance Company. The disability does not pay if sick leave or workman's compensation pays. A review was made forthe life insurance offered by the Public Employee Retirement System. Councilman Nield moved to cancel Standard Insurance Company policies on employees and approve to make applications for life insurance on full time salaried employees with the Public Employee Retirement System with city paying the premiums. Councilwoman Hopkins seconded motion. All councilmembers voted in favor of motion. FUND TRANSFER - City Clerk Vera Armstrong explained to Mayor and Council that one transfer was needed to balance the year end budget expenditures with the budget. Councilman Nield moved to transfer $5,248.21 from Account #10-4904- 900 (Government Administration ) to 10-4348-731 (Parks Construction). Councilman Kinghorn seconded motion. All councilmembers voted in favor of motion. CITY STREET FINANCE REPORT - City Clerk Vera Armstrong has prepared the city street finance report. Idaho Code requires approval of street finance report by Council and certification by Mayor. 137 Councilman Quick moved to approve the street finance report and authorize certification of same by Mayor Cotant. Councilwoman Hopkins seconded motion. Vote was unanimous in favor of motion. CLAIMS - Computer print-out ~laims have been presented to Mayor and Council. After reviewing, Councilwoman Hopkins moved to approve the claims as presented plus handchecks listed on meeting agenda. Councilman Kinghorn seconded motion. All councilmembers voted in favor of motion. TASK FORCE MEETING - Mary Bunce, 755 E. Chubbuck Rd., representing the Task Force of the Chamber of Commerce, informed the Mayor and Council of a Task Force meeting concerning the Idaho State University. Mrs. Bunce said a hearing will be held Wednesday evening, at the Pocatello City Municipal Building at 7:00 p.m. and urged the city officials to attend. Mrs. Bunce emphasized the importance of retaining the present programs at the Idaho State University. FIRE TRUCK - Councilman Nield reported on the insurance liability of approving for Chief Bart Parrish to pick up the new fire truck ordered. Attorney Winmill reported on the legal aspects, and advised the city to secure the lease purchase agreement prior to Chief Parrish picking up the fire truck at Elmira, New York. RESOLUTION #10-82 authorizing the Mayor to have weeds removed on certain property and have the resulting costs reimbursed by a special assessment to be levied against the real property in attached Exhibit A, was read in full by Mayor Cotant. Councilman Kinghorn moved to adopt Resolution #10-82. Councilman Quick seconded motion. Roll call vote: Hopkins, yes; Kinghorn, yes; Nield, yes; quick, yes. Councilman Nield moved, Hopkins seconded, with full council approval to adjourn meeting at 10:30 p.m. Cotant, r., Mayor Vera C. Armstrong, City Clerk,'