06-20-1966 - Laserfiche WebLink

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was causing a fl~ an~ feather nuisance. ~he report en,,w~r&ted the art--s by the Hea~th Depot to a~te the s[t~t~ ~ c~c~u~ ~th the ~c~t~on that the C~ty F~ Contro~ ~ce be ~se~ to ~t pr~t~ve f~ c~tro~ ~as~s ~ ~t. ~ ~pr~ ~ ~c~s~ve abate- ~ent a~on By ~he Hea~ ~e~. On motion of Counci!,~n ~Ark, seconded by Counci!~A~ Herrin and carried, Council requested the City _Man~er to study the w~tter and submit to the City Council a recc~nended ordinance including preventive measures. STOP SIG~$ Actin~ upon the reccanendation of the D~ect~ of ~btic .W~ in his ~po~ ~ a p~ition requesting stop s~s on Pop~ at St. ~ P~ce, the City C~cil, on m~ion of Co~ci~ ~1, seco~e~ By C~ci~ He~ ~d c~ied, ~e~e~ the request f~ st~ si~. ~t a~r~ the p~c~nt of 2~ ~le s~ed l~t s~s ~ ~itio~l s~e~ Z~t e~orce- ~nt ~ the ~a. 1~¢~ ,'-/~' ~B'~w~u Considering an application for .permit to ~ta~ ~bbits at 1~6 Su~i~ sub~tte~ by Robe~ D. ~c~th, t~ City C~cil he~ a repo~ ~ ~ ... S~i~ P~er, that as f~ as the P~ Staff ~ be~ able t~ ~ the a~icult~al use of the pro~y h~ n~ been out of use for ~ t~ f~ m~ths. ~e City ~ager ~p~ a ~ealth De~nt ~po~ ~.i~ s2ate~ t~t if the pr~sas ~e ~ta~ in a s~it~ ~er the~ sh~ld be no ~or ~ f~ nuis~ce, ~ refe~ to the possibility of ~d~ce ch~es ~g~g f~es a~ ~her ~blic n~s~ces. ~ also su~asted the City C~cil ~t ~sh to conifer the possibility of ~v~ a secti~ in the ~.. ~ce w~ch woul~ pe~t the City to move ~a~st ~iat~g n~-c~o~ uses, Spea~ing in opposition to the granting of a permit ware Joseph B. 2~20 W. Borchard, M~. Rausch, 2505 W. Borchard, ~oe Heller, 2525 W. Borchard, Dr. W. M. Townsend, 2601 W. ~inger, Roland Clark, 2~92 Hock, an~ ~ohn Gilbert, attorney, representi~ Mr. Melton. Mr. ~ilhert questione~l the statement that the agricu'itural use has been continuous, citing that the bui]&~_= has been,vacant for twelve months, that for the last two years only two head of cattle have been on the property. Robert-Rick.las, attorney representing the applicant, called attention to the Municipal Co~e section requiring the pereit be issued if applicant cc~plies with regulations. C~Ancil~u ~errin suggested this might be held in abeyance pe~-_~ stu~ of the o~ce ~ abati~ nu~s~ces. A m~i~ by O~ci~ ~o~s' to ~nat~ct the City ~er t* ot~hen the o~a-ce to abate ~ ~d f~ a~s~ces ~s ~th~. A ~ion by C~ci~ ~k to ~t the ~t ~s ~th~a~ a~er he ques~i~' the City Atto~ey ~ga~ ~e ~ ~st" c~ta~ed in the ~ici~l C~e. It was ~oved by Counci~au Burk, seconde~ By Councilman ~rooks that the ~tter be deferred for tvs weeks for a legal opinion from the City Attorney 'on what~ alternatives the Council has. The City Manager suggested C~uncil had as alternatives: follow the mandatory position of the code; ~ake findings separate from or interpret the findings of the a~-~-~etrative staff, a,~ if different, declare them as facts and refuse to issue the ' permit; or do either~ with the indication' that the opposing party has the ~ right to go into' court for ad~u~licn$ion. Mr. Brooks withdrew his secon~ to Counc~---u Burk's motion to defer for legal opinion and the motion faile~ for lack of second. It was move~ by Councilman XcM/chael, seconded By Councilman Brooks that the Council find that a continuing use has not existed and the permit for a " CITY C0~IL - 5~5 - June 20, 1966 ..