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HomeMy WebLinkAbout08 28 1979 CM COUNCIL MEETING MINUTES 153 August 28, 1979 Minutes of the regular council meeting held in the city municipal building August 28, 1979. Present: President of the Council Dwain A. Kinghorn, Councilmen Boyd L. Fullmer, Dwain A. Kinghorn, LeRoy S. Quick, Attorney Donald L. Burnett, Jr., Engineer Steven M. Smart, City Clerk Vera C. Armstrong. Mayor John O. Cotant, Jr. excused. Meeting called to order at 8:02 p.m. by President of Council Dwain A. Kinghorn. President of Council Kinghorn asked for corrections or additions to minutes of August 14th, 1979. There being none, Councilman Romreill moved to approve minutes of August 14 meeting as written. Councilman Quick seconded motion with all councilmen voting in favor. PUBLIC HEARING - A hearing notice has been published on the following zoning classification request. A request by Ashley Craig & Associates, Inc. of Salt Lake City, Utah, to approve a change in zoning of Lots No. 1 through No. 5, Block 1, of the Leslie Home Subdivision, located on the east side of North Afton Street, they request that the zoning of these lots be changed to General Commercial (C-2). The Land Use and Land Development Commission have recommended the General Commercial (C-2) zone. After some discussion, Councilman Romriell moved to approve the change in zoning classification of Lots No. 1 through No. 5, Block 1 of the Leslie Homes Subdivision from Residential to General Commercial (C-2) and instruct Attorney Burnett to prepare an ordinance on the rezoning of same, Councilman Quick seconded motion~ all councilmen voted in favor. COMMERCIAL BUSINESS IN RESIDENTIAL ZONE - Mr. Parley Lee, 5017 Pleasant View, was present and explained to council that they are presently doing business out of 4807 Yellowstone. Mr. Lee said they do not prepare food~at their home and they are not at the present time, even parking the catering trucks at their residential location. Mr. Lee also informed council he is not doing any burning in relation to his business at his residential area. Attorney Burnett thanked Mr. Lee for coming in and stated the city felt reasonably well satisfied that a business is not being conducted at his residence and suggested the city direct a letter back to residents that were present and complained at an earlier meeting informing them that there seems to be no problem of commercial activity in this residential area and the city does not plan to take any action on this matter. RIGHT -OF-WAY DEED for future street. Don Andra, East Linden Avenue has requested a zone change for commercial development on property he owns. The city has approved a zone change, however the pending presentation of dedication of right-of-way has held up the publication of rezoning ordinance. A discussion followed as the fact not being made clear to Mr. Andra that he would be required to develop the street as well as dedicate the right-of-way. Mr. Andra said he would agree to curb, gutter and sidewalk the dedicated right-of-way when developed, but he would not develop the road. 155 RIGHT-OF-WAY Deed - Don Andra - cont'd - After further discussion, Councilman Quick moved to draw up a revised deed of dedication obligating Mr. Andra to dedicate his protion of the land for a street and make curb, gutter and sidewalk improvements when the street itself is improved or the land is developed. Councilman Fullmer seconded motion. All councilmen voted in favor. EVANS LAN~ DEVELOPMENT - Vic Herbert read a letter he has written to the city, but not delivered as yet, asking that development on Evans Lane proceed without delay or he is going to request his money Which he paid for the deeds be refunded. Attorney Burnett reviewed the background of the contracts on the Evans Lane property for development of an improved street. Attorney reviewed the fact that the Conleys have injected themselves in as a third party, asserting that they had to execute an instrument, the city has prepared the instrument for them to execute, they said they would execute it, but it has not been executed. Attorney Burnett said city has a contractural agreement to improve Evans Lane, and there is a valid contract, that the city should finish this street improvement and honor this agreement. The consensus of council was to have Attorney Burnett and Engineer Smart diligently proceed to attain the quit claim deed so that city can proceed with the development of Evans Lane. Attorney Burnett told council he will work with Engineer Smart to attain the quit claim deeds, if not received by September lst~ he will proceed with notice to proceed on the street development. PROPOSED STREET - Vic Herbert questioned council of their feeling as to developing a proposed north and south street on the east portion of his property approximately at the location of the canal. Mr. Herbert told council there is no physical way the city can get a through street from Burnside to line up with Valenty Road now that they have agreed to move the proposed location of street on Mr. Andr~s property. Council suggested that Mr. Herbert present any firm plans he has for consideration by city. NEWBOLD - HENDERSON EASEMENT MATTER - Attorney Dennis Oll ey, representing Mrs. Barrus (formerly Delores Newbold), informed council they have been in court action with the Hendersons to determine whether an easement has been granted to Mr. Henderson for the city sewer line. Mr. Olley said he has been notified by Mrs. Barrus that the city crews are trespassing on this easement for regular sewer maintenance. Mr. Olley said Mrs. Barrus is considering selling her property and that he would like a committment from city on less than a 20 foot easement, and requested the city approve a 10 foot easement. Mr. Olley told council he thought the matter of suit with Hendersons can be firmed up and settled if city would agree to an easement of ten foot. Council told Mr. Oll ey the city will need to consider this request at greater length and instructed the engineer to consult with parties involved as to possibilities of solving this easement problem. 157 CHUBBUCK VERSUS MOBILE MANOR - Attorney Burnett reviewed the origin of this suit which relates back to mobile homes being placed on lots in Mobile Manor with a lack of the required square footage. The case has been going on for several years. Attorney Burnett informed council the defendent made two proposals to city; 1) to reduce lots from 4 to 3 to satisfy square footage requirement or 2) connect a pair of mobile homes with breezeway sufficient to be considered a mobile home duplex. Max and Rodney Parrish were present representing Mobile Manor. After a length discussion, Councilman quick moved that in view of the fact that there appears to be no continuing public interest in the litigation, that the city attorney is authorized to enter into a stipulation to defendants that all claims be dismissed and each party bear their own costs. Councilman Fullmer seconded motion. Attorney Burnett asked Mr. Parrish if he would agree to that stipulation and Mr. Max Parrish indicated that he and his clients would then agree to such a stipulation. All councilmen voted in favor of motion. PERSONNEL MATTER - Tony Edlefsen was present at meeting and wanted to know why he did not have a job. Councilman Kinghorn asked Engineer Smart what was the reason for not allowing Tony to return to work. Engineer Smart said he thought a statement was made at an earlier meeting that if an employee was absent without leave for a month or more he had abandoned his job. Councilman Romriell said he did not understand the discussion in that way, that he didn't feel the city wanted to set a policy that if an employee was off work for a certain time with illness or accident they have lost their job. Attorney Burnett told council that the way he sees it now, under the present personnel policy, anyone absent more than 30 days does not have any automatic right to reinstatement. If the city is prepared to say they would not hire anybody under any circumstances because the city was fully staffed, then an employee would have no automatic right to be reinstated. If the city feels they would entertain an application to addition to staff, that first consideration should be given to the person who left the city in good standing and against whom no adverse findings had been made when he left employment. had Councilman Fullmer stated he felt city a moral responsibility, the city has given Tony no indication that he would not have a job when he was able to return. Councilman Kinghorn said he felt the city had a moral responsibility to have notified Tony that if a job was available when he was able to return, there would be a job for him, otherwise, there would not be a job for him, that his feeling is that Tony should be reinstated since the city did not do this. 159 PERSONNEL MATTER - Councilman Romriell said the city would need a definite release from the doctor before Tony could be allowed to return to work. Attorney Burnett informed council that the mayor does have charge of personnel decisions, that council is in an advisory capacity only. After further discussion, Councilman Romriell made motion to instruct the President of Council, acting in the absence of the mayor to direct that this individual be temporarily reinstated upon receiving the doctor's release, without prejudice to the mayor's right to exercise his authority as provided by law, upon his return. Councilman Fullmer seconded motion. Roll call vote: Fullmer, yes; Quick, no; Romriell, yes, Kinghorn, yes. EASTERN POWER COUNTY FIRE DISTRICT - Attorney Burnett informed council that unless the city notifies the Eastern Power County Fire District by August 31, 1979~ the present contract rate will be automatically renewed. The city does desire a rate increase, so Attorney Burnett has prepared a resolution to so notify the Eastern Power County Fire Protection District. RESOLUTION 10-79 - giving the Eastern Power County Fire Protection District 30 days notice that the Interagency Agreement for fire protection services shall terminate on September 30, 1979 was read in full by President of Council Kinghorn. Councilman Fullmer made motion to adopt Resolution #10-79. Councilman Quick seconded motion. Roll call vote: Fullmer, yes; Quick, yes; Romriell, yes; Kinghorn, yes. LIQUOR CATERING PERMIT - An application for a liquor catering permit has been made by Corner Pocket, 655 North Fifth, to cater a wedding reception at E1 Cielito September 1, 1979. Police have approved the issuance of the permit. Councilman Romriell moved to approve the issuance of the liquor catering permit to the Corner Pocket. Councilman Quick seconded motion with all councilmen voting in favor. BEER LICENCE- Me-N-Ed's Pizza Parlor has applied for a sale by the drink beer license. The police department have approved the issuance of the license. The council questioned if the issuance of a sale by drink beer license at a restaurant type only establishment would set any sort of precedence. Councilman Romriell moved to table any action on the approval of the application for a beer license to Me-N-Ed's until next council meeting. Councilman Quick seconded motion, all councilmen voted in favor. 1980 FISCAL ANNUAL BUDGET REVIEW - Council have reviewed the proposed budget. The public hearing on budget will be held September 4, 1979 at the municipal building. Councilman Romreill moved to approve the proposed budget as a tentative budget. Councilman Quick seconded motion. All councilmen voted in favor of motion. A copy of the proposed tentative budget is attached in its entirety to the original minutes. DAMAGE CLAIM - Eldon Baker, 5755 Sorrell, has submitted a claim for replacement of a hot water heater which he claims was damaged due to excess water pressure. City clerk was directed to submit the claim to the insurance company for consideration. 161 Max Parrish questioned the good faith efforts of the city in rejecting the bids. Mr. Parrish also asked if it is a proper function of the city to use money of the city to hold real estate property. Councilman Quick moved to adopt Resolution #11-79. Councilman Romriell seconded motion. Roll call vote: Fullmer, yes; Quick, yes; Romriell, yes; Kinghorn, yes. HOME OCCUPATION - Attorney Burnett has prepared a form for application of a Conditional Use Permit for Home Occupation under the Land Use Ordinance. ORDINANCES - REGULATING NOISES - REGULATING ANTENNAS- Attorney Burnett has prepared two ordinances for study concerning the regulation of noises and also regulating of antennas and presented these to council. UNIFORM LIFE SAFETY CODE - An Ordinance repealing the adoption of the Uniform Life Safety Code was read in full by President of council Kinghorn and accepted as the first reading of ordinance. UNIFORM FIRE CODE - An Ordinance repealing the adoption of the Uniform Fire Code was read in full by President of council Kinghorn and accepted as the first reading of ordinance. DAMAGE CLAIM - Carol J. Tirrell has contacted the city concerning possible damage to her 1979 Datsum that she drove into an open manhole at the corner of Yellowstone and Chubbuck on August 14. Denny's Tune-Up has informed the city the bill is $9.50. Council discussed matter and directed city clerk to process claim during S~ptember]and Attorney Burnett advised clerk to type on face of check "settlement of all claims pertaining to any damage of 1979 Datsun vehicle, which was driven into an open m~nhole of city on August 14, 1979." DELINQUENT ACCOUNTS - The city clerk submitted a list of delinquent utility accounts the city has unsuccessfully been able to collect covering a period of time from March 1977 to September 1978. Council discussed several possibilities of collecting these accounts with a decision that all accounts over $50.00 be processed through small claims court if the necessary information can be obtained. Councilman Fullmer moved to approve adjustment of the delinquent accounts submitted. Councilman Romriell seconded motion. All councilmen voted i n favor. ANOTHER DELINQUENT ACCOUNT adjustment was submitted, the city has received a discharge of bankrupt from the U.S. District Court of Colorado on an account of Michael Lee Downing in the amount of $35.50. Councilman Romriell moved to adjust the Downing account. Councilman Quick seconded motion with an unanimous vote of council in favor. ORDINANCE #208 - re-enacting Chubbuck City Ordinances Nos. 205, 206 and 207 was read in full by President of council Kinghorn. Councilman Romriell moved to dispense with rule of reading ordinance on three separate days. Councilman Quick seconded motion. Roll call vote: Fullmer, yes; Q~ick, yes; Romreill, yes; Kinghorn, yes. RESOLUTION 11-79, resolving that all bids received, with respect to three parcels of property owned by city, at a public auction held November 14,~.~ 1978 be rejected was read by President of council Dwain A. Kinghorn. ~~. 163 GENERAL DISCUSSIONS Council requested that Mayor Cotant further pursue the request of Pocatello City concerning the Industrial Land south of 1-86 being in their city and also to pursue further the Terteling Land disannexation east of the Interstate -15 and south of East Chubbuck Road. COUNCILMAN Quick moved, Councilman Romriell seconded with full council approval that council meeting adjourn until September 4, 1979, immediately following the public hearing on the budget. Meeting was adjourned at 1:30 a.m. Vera C. Armstrong, City Clerk~/ (~6hn O. Cotant, Jr., Mayor