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.
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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.
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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.
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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.
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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