HomeMy WebLinkAbout05 24 1977 CM COUNCIL MEETING MINUTES 209
May 24, 1977
Minutes of the regular council meeitng held in the city municipal building
May 24, 1977.
Present: Mayor JOhn O. Cotant, Jr., Councilmen Boyd L. Fullmer, Dwain A. Kinghorn,
Earl L. Romriell, Attorney Don Burnett, Engineer John Alder and Clerk Vera
Armstrong. Councilman Wayne G. Taylor excused.
Meeting called to order at 8:05 p.m. by Mayor Cotant.
Mayor Cotant asked for any corrections or additions to minutes of May 10 meeting.
Attorney Burnett requested the following rewording in paragraph #3 page 205 under
heading "Property Exclusion Request" First sentence to read "Attorney Burnett
told council that the city may exercise reasonable discretion in extending utilities
to the area; and in last sentence of same paragraph to have added at end of sentenced
"unless this condition were satisfied".
Councilman Romriell moved to approve minutes of May 10 as written with the
corrections requested by Attorney Burnett. Councilman Fullmer seconded motion
with voting unanimous in favor.
PUBLIC HEARING ITEM: Pablo Hernandez has requested a variance from zoning
regulations to allow the placement of a mobile home on property located at
5411 Yellowstone Avenue. The property is situated in a General Commercial
(C-3) zone.
Councilman Romriell stated he felt a better access street should be provided
to the area.
Mrs. Clinkenbeard stated she owned all the property where the roadway now
exists from Yellowstone with the exception of 17.6 feet between Mr. and Mrs.
Clinkenbeards property and Mr. and Mrs. Shamburg's property.
Engineer Alder informed council that Mr. Hernandez plan to place their mobile
home south of where the present home is now placed.
Mayor Cotant said if the variance should be granted the house would definitely
need to be removed. Miss Hernandez, daughter of Mr. Hernandez, told council
they plan to tear down the older home.
John Merzlock, whose mother is Mrs. Belva Adolphson and she owns several lots
of property to the west, said he had been refused a building permit because of
property being subject to the subdivision ordinance, and he feels the city
should not grant this request for development until his development request is
considered. Mr. Merzlock told council the sewer lines to serve the Shamburg
and Clinkenbeard property is on Mrs. Adolphon's property with no easements.
Also, the main sewer line is out of easement granted.
Mrs. Adolphson said the 17.6 ft. between Shamburgs and Clinkenbeards property
is a dedicated easement. Mrs. Shamburg asked why the access to the area
cannot be provided from Briscoe Lane. Mrs. Adolphson said that was her private
driveway. After some discussion, Mayor Cotant remarked that it seemed the most
logical access to any future development of Mrs. Adolphsons would be from
Briscoe Road.
Mayor Cotant told those present the city is considering a new ordinance that
will probably allow the development of Mrs. Adolphson's property.
After a discussion of present easements and unknown road easements, Attorney
Burnettstatedthe right by use for roadway to serve property to west probably
would be determined to be no wider than the recorded 17.6 ft. easement from
Yellowstone.
Mrs. Shamburg said the alley from Briscoe Road was used for a road back in
1950.
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PUBLIC HEARING ITEM cont'd - Mayor Cotant said he would like Engineer Alder
to determine where sewer line actually is and then determine if a 25 ft.
roadway could be provided to the west.
Councilman Kinghorn said sewer lines should be in easements and he felt a
25 ft. recorded roadway should be pcovided.
Matter was again tabled. Mayor Cotant said council would be holding a
special meeting Thursday at 4:00 p.m. and this matter would be considered
again.
SOUTHEAST IDAHO COMMUNITY ACTION AGENCY - Council reviewed the request for
contribution from the SEICAA for $1,000.00 for matching local funds to balance
off against the federal share of the Retired Senior Volunteer Program grant.
Councilman Romriell is council representative for SEZCAA and recommended
the contribution.
Councilman Romriell moved for council to approve the contribution of $12000.00
to be used for the RSVP program. Councilman Kinghorn seconded motion and all
councilmen voted in favor.
NEW COLONIAL Delinquent Sewer Bill - Mayor and council discussed necessary
action to be taken to require Arthur McOmber to hook up the New Colonial
Motel to sewer system and pay his back charges.
Attorney Burnett said he would like to review this matter further and report
to council Thursday at recessed meeting.
INTERGOVERNMENTAL AGREEMENT in regards to use of Animal Shelter. Pocatello City
has added a "hold harmless" clause in the agreement. Attorney Burnett asked
time to review and to make recommendation at special meeting to be held
Thursday of this week.
IDAHO UNIFORM BUILDING CODE ADVISORY ACT - City has been requested to inform
The State Labor and Industrial Board of code enforcement they plan to continue.
Copies of legislative bill to be sent to councilmen for study prior to making
a determination, which state has requested no later than June 30, 1977.
UNEMPLOYMENT INSURANCE COVERAGE FOR CITY EMPLOYEES - AIC has invited the city
to join a NIMLO suit to overturn a federal law requiring municipalities
to pay unemployment insurance coverage on their employees. The city has two
decisions to make, first, do they wish to participate and secondly, how
much do they wish to contribute.
Councilman Romriell moved for council to approve for Mayor Cotant to authorize
informing AIC that city of Chubbuck will participate in the NIMLO suit and
that city prefers to wait for final cost formula before agreeing to pay costs.
Councilman Fullmer seconded motion with all councilmen voting in favor.
WATER PRESSURE SURGE AND DAMAGES - Council discussed adopting ordinance requiring
pressure regulator valves on all water services. A high water pressure
surge caused water damage in several residences of Chubbuck recently.
Engineer Alder to contact State Plumbing and find out if their rules and
regulations require valves. If city needs to add addtiional regulations,
Attorney Burnett said he would be happy to draw up an ordinance.
Attorney Burnett suggested the council meet with the building inspector
so the city might determine which codes they want to adopt or continue to
enforce in regards to Uniform Building Code Advisory Act and building
regulations problems the building inspector might feel need modified.
213
ORDINANCE #179, governing damaged, dismantled, junked, abandoned, etc., vehicles,
read in full by Mayor Cotant as second reading.
The consideration of antique cars was discussed and Attorney Burnett said he
would study a provision for antique cars.
ADDZTIONAL CLAIM - City has purchased some sprinkling pipe from Lyndon R. Smith,
in the amount of $1,651.00 for parks. Jordon Stuart, public works superintendent,
promised payment on delivery.
Councilman Fullmer moved to approve claim of $1,650.00 to Lyndon R. Smith.
Councilman Romriell seconded motion and voting was unanimous in favor.
WELL # 3 PUMP INSTALLATION - Engineer Alder informed mayor and council that
Gary Locke of Mortgage Insurance Company has accepted the proposal he made for
them to pay 90% of an estimated cost on installation of pump at Well #3.
Engineer Alder also informed council that he had written MIC and listed the
items that needed to be corrected in regards to development of Paradise Acres
Subdivision, one of which was paving between Siphon Road and curb along
project. Mayor and council agreed to allow project as now constructed along
Siphon Road and not require the additional paving.
Gary Locke, MIC, also questioned if city would reimburse MIC for cost of eight
inch water line installed in project over six inch pipe. Engineer, mayor and
council feel the eight inch water line is needed for the project.
POWER LINE ON YELLOWSTONE - Engineer Alder asked councils desires on electrical
dev~opment for the Yellowstone Highway project, alternates are: 1. All distribution, transmission and services underground.
2. Distributions and transmission lines on poles and services underground.
3. Leave electrical power service as is.
Engineer Alder to check with State Highway Department and find out if the
underground individual service lines could be included in the project before
making the determination.
MOVIE PROJECTOR - Assistant Police Chief Jerry Rowland asked mayor and council
for approval for the purchase of a movie projgctor to be used jointly by police
and fire departments.
Mayor said projector should be kept at city building instead of the fire station.
Councilman Kinghorn moved to approve the purchase of the movie projector.
Councilman Fullmer seconded motion. All councilmen voted in favor of motion.
Meeting recessed at 10:45 p.m. until Thursday at 4:00 p.m.
,(John O. Cotant, Jr., MaXyor
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