HomeMy WebLinkAbout12 09 1975 CM COUNCIL MEETING MINUTES 295
December 9, 1975
Minutes of the regular council meeting held in the city municipal building
December 9, 1975.
Present: Mayor John O. Cotant, Jr., Councilmen Dwain Kinghorn, Jack Menard,
Earl Romriell, Wayne Taylor, Attorney Don Burnett and Clerk Vera Armstrong
and Engineer Klane Forsgren.
Mayor Cotant asked for corrections or additions to November 25 minutes, there
being none the minutes were approved as written.
Mayor Cotant called the meeting to order at 8:00 p.m.
PURT.IC HEARING IT~: A request by Mobile Manor, Inc., acting bY and through
Rodney J. Parrish, for a change of zoning with respect to Lot 22, Block l,
Mobile Manor Addition ~fl to Mobile Home ReSidential (R-2T). The property
is presently zoned Combined Residential (R-2). Planning and Zoning
Commission recommended approval of rezoning request.
Mayor Cotant stated he felt this lot in Mobile Manor Addition /fl should have
the same requirements as other lots facing East Chubbuck Road in Mobile Manor.
After some discussion COLLnC~JJman Kinghorn moved to accept recommendation Of
Planning and Zoning Commission in changing zone of Lot 22, Blk ~, Mobile Manor
Addition ~fl, with same requirements of direction in location of trailer which
requires trailer to be placed paralell to East Chubbuck Rd. and same pitched
roof requirements as lots in Mobile Manor facing Chubbuck Road which requires
a 2 to 12 pitch. Councilman Menard seconded motion, voting was unanimous in
favor.
PUBLIC HEARING ITEM: Charlie Frasure 1OO Laurel Lane has applied for a variance
to allow the use of a Mobile Home as an office for Anderson Trucking Company
for a period of one year. Planning and Zoning have recommended approval for
a period of six months.
After a discussion with Mr. Frasure, Councilman Menard moved the variance be
granted to place a mobile home on lot east of Big Indian Mobile Home Sales and
be used as an office for Anderson Trucking Company for a period of six months
with option to renew and that the trailer be connected to city water and sewer
system. Councilman Romriell seconded motion with an unanimous vote in favor.
PUBLIC HEA~ING IT~: Edward J. Berrett is requesting the City of Chubbuck grant
a variance for the erection of a single family dwelling unit at 2888 Valenty Road,
which lies in a General Commercial (C-3) zone. Planning and Zoning Commission
recommended approval. Mr. Berrett was not present.
Following a brief discussion Councilman Romriell moved the council accept
recommendations.of Planning and Zoning Commission and approve variance request
to erect a single family residential at 2888 Valenty Road. Councilman
Kinghorn seconded motion with all councilmen voting in favor.
PUBLIC HEARING IT~: A request by Mobile Manor, Inc., acting by and througja
Rodney J. Parrish, for a variance of zoning of Lot ll, Block 2 less the west
60 feet and on Lot 2~ Block 2, less the west 60 feet, Mobile Manor Subdivision,
to allow the placement of a mobile home on each of these two lots as presently
located. The property is presently zoned Mob~eH~mReesidential (R-2T).
Councilman Menard reported the Planning and Zoning Commission did not act on
this item because it was in litigation. Attorney Burnett said he felt the
Planning and Zoning Commission should have acted on variance request.
HEIGHTS SUBDIVISION - Clark Real Estate has requested approval of construction and
streets of Phase l, Heights Subdivision. Mayor Cotant read letter from Bengal
Construction stating they agreed to furnish the City of Chubbuck a maintenance
bond of $30, OO0.O0 for a period of four years starting December, 1976 with
the value of the bond to be decreased as services are connected and found to
be acceptable. Gale Lira, Tim Shurtliff, Grant Anderson and Bill Hunziker were
HEIGHTS SUBDIVISION: 297
present on behalf of Clark Real Estate and the Request.
Mayor Cotant told contractors and developers present that all changes and in-
spection requests in the future must-be in writing.
Councilman Taylor requested Bengal Construction letter be amended to withstand
responsibility of sewer service lines for 30 days after occupancy of a home
instead of 30 days after connection.
Councilman Taylor also requested a copy of the one year guarantee of construction
or performance bond to Clark Real Estate from Bengal Construction be sent to
city for filing. Grant Anderson agreed to do this.
Engineer Forsgren read letter whereby Idaho Power Company quarantees their power
line trench compaction for a period of two years.
Engineer Forsgren informed councf_l that Bengal Construction had agreed to make
any necessary repairs to Tren~ Beyd, Kevin and Todd Streets if necessary in the
spring of 1976 if work done this fall does not hold up. ~
Mayor Cotant questioned Mr. Lim and Mr. Anderson about the crown of the street
and apparent pudcUking observed in the subdivision. Mayor also asked Engineer
Forsgren to inspect the crowri of the streets.
Mayor !.Cotant and Councilman Romriell told Mr. Gale Lira they felt the $50,000.00
maintenance bond on the PVC sewer lines should be good in its entirety for a
period of four years after the years construction guarantee has lapsed to
guarantee operation of plastic sewer service lines.
Councilman Kinghorn suggested a 60 day guarantee on PVC sewer service lines.
Mayor Cotant said he felt the city should review the bond on guaranteeing the
PVC sewer service lines in one year. Since they are guaranteed in full by
contractor for the one year period, this will give the city a better feeling of
how the PVC pipe is going to hold up.
Mr. Lira wants a definite date to review the period of guarantee on PVC sewer
service lines. Mr. Lira is concerned about jeopordizing his bonding eapab~lities
if troubles should arise from owners fault of plugging lines. Grant Anderson
proposed that if any trouble does arise with the sewer service lines, the city
be required to notify Bengal Construction, not the bonding company.
Mayor and Council unanimously requested that after the full years guarantee the
council review the bond requirement and determine what period of time will be
required of Bengal Construction to guarantee the PVC pipe prior to service lines
becoming responsibility of the city.
Mayor and council also requested a letter from Bengal Construction certifying
bond has been issued be sent to the city so it can be in the city files.
Mayor Cotant requested the following letters be entered into and become part of
these minutes. 1) Letter of December ~, 1975 from F_lane Forsgren to Hamilton
and Voeller; 2) Letter of December 8, 1975 to City of Chubbuck from Gale Lira,
Bengal Construction, Inc.; 3) Letter of December 9, 1975 to City of Chubbuck
from Larry G. Teply, Idaho Power Company. Above three letters attached to these
minutes are a legal part of minutes.
Councilman Taylor moved the c°uncil~e~f%~r?~P' ~n~P~'~ e Heights Subdivision Phase 1
construction and streets as stmpula e above three letters. Councilman
Kinghorn seconded motion with all councilmen voting in favor.
BANNOCK Cable TV Company - Mr. Robert Davis was present. Attorney Burnett has
met with Robert Davis and because Bannock Cable TV is in default on its franchise
the city has requested the franchise fee be amended. Mr. Davis also has requested
a licensee name change from Bannock Cable TV Company to Telepromter Corporation.
Ordinance ~6 ~.~{h$ franchise with Bannock Cable TV Company terminates in 198~.
The proposed Ordinance #1~8 providing the name change to Teleprompter Corporation
and amending franchise fee to an amount of $1~5.80 was read in full by Mayor Cotant.
BANNOCK CA~E TV CO. (cont'd) - After discussion of iucreasing franchise fee ..~299
Councilman Menard moved the Teleprompter Corporation pay a franchise fee
of $200.00 and that frauchise be reviewed in one year. Councilman Romriell
seconded motion and it passed with an unanimous vote in favor.
Council asked about burying the cable and Mr. Davis informed the council that
Bannock Cable TV Company was as interested iu getting service underground as
the city was. Counc~2 also questioned if there were inspection costs involved
for city when cable was installed.
PRELIMINARY PLAT - MOBILE MANOR ADDITION ~2 - Land Investments, Inc. presented
the preliminary plat of Mobile Manor Addition #2. Jim Voeller, Engineer, Bart
Parrish, Rodney Parrish and Max Parrish represented Land Investment, Incorporated.
A discussion followed on the platting of Mobile Manor Addition #2. The
property is now zoned a combination of Light Industrial (M-l), Agricultural
Transitional (AT) and Mobile Home Residential R-2T. Laud Investment, Inc.
requested their Agricultural Transition (AT) property be rezoned to Light
Industrial (M-l) at the September Planning and Zoning Commission meeting but
council has not taken any action on this.
Rodn~y ~P~fiSh again requested rezoning if necessary or a variance be granted to allow the development of a Mobile Home Park.
After some discussion Councilman Romriell moved the council approve a variance
TO ALLOW development of a Mobile Home Park on the property lying directly west
of Mobile Manor Addition ~l and zoned Agricultural Transitional. Councilman Romriell
withdrew his motion after it was determined that the Parrishes want to plat
and record plat~ which wouldn't be allowed in less than one acre lots if this
property is left Agricultural Transitional zone.
Councilman Menard moved the Agricultural Transitional property lying between
the Light Industrial property owned by Land Investments, Inc. and Mobile Manor
Addition #l be rezoned to Light Industrial (M-l) zone. Councilman Kinghorn
seconded motion with all councilmen voting in favor.
Mayor and Council reviewed the preliminary plat of Mobile Manor Addition #2.
The council expressed concern about size of lots facing HiltU~ad and Whitaker Rd.
and do not comply to zoning requirements. A lengthy discussion followed.
Councilman Menard moved council accept the preliminary plat of Mobile Manor
Addition ~2 with exception of the two lots on the easterly end of subdivision
and facing Hiline Rd., and that these two lots be made into one lot, the
rest of plat to be accepted as platted. Councilman Taylor seconded motion.
Roll call vote: Kinghorn, no; Menard, yes; Romriell, no; Taylor, yes.
Vote being tied, Mayor Cotant voted yes which passed the motion accepting
the preliminary plat of Mobile Manor Addition #2 as stipulated in motion above.
MOBI~,E MANOR STREET ACCEPTANCE - Mayor Cotant asked the Parrishes if they could
get Mobile Manor streets and const~ction ready for acceptance. Engineer
Forsgren informed council two water valves need repaired plus two concrete
drains at intersections of Albatross and Bluebird as they intersect with Whitaker.
WEST STREET DEDICATION - Max P~rrish asked if city could determine West Street a
dedicated street so Land Investments, Incorporated can connect to sewer installed
at West Street in the Henderson Mobile Home Court.
Councilman Romriell moved the council accept 25 feet of West Street, that
Whitaker Road and West Street as shown on preliminary plat of Mobile Manor
2nd Addition and filed plan of Hiline Mobile Home Park have been offered as
dedicated city streets, subject to city acceptance. Acceptance of dedication
of the north 25 feet of West as it appears in the filed plan of Hiline Mobile
Home Park is hereby given; however acceptance of the street for maintenance
by the city is reserved until all improvements are completed as directed by
the building official and council of the city. Councilman Kinghorn seconded
motion. Roll call vote: Kinghorn, yes; Menard, no; Romriell, yes; Taylor, no.
Vote being tied Mayor Cotant voted no and the motion failed passage.
301
POLICE CAR - Chief Arnold Stone requested the council approve purchase of a new
police car and also requested council adopt a speed limit ordinance within the
city as soon as possible.
Attorney Burnett was requested to draw up the speed limit ordinance with
residential streets ~: being 20 mph and arterial streets or Chubbuck Road and
Hawthorne Road being 30 mph.
Councilman Kinghorn moved to approve a Nova Chevrolet police car. Councilman
Taylor seconded with all councilmen voting in favor of motion.
MAP UPDATE - Councilman Kinghorn moved to authorize Forsgren, Perkins and Associates
to update a city map including all new subdivisions. Councilman Menard seconded
motion with all councilmen voting in favor.
PUBIC HEARING ON CC~MUNITY DEVELOPMENT - Mayor Cotant asked for comments from
those present. Mayor Cotant explained the City has applied for a HUD (Housiug
and Urban Development) Block gr~nt to extend 16 inch water lines from the
new proposed million gallon water tank to the presently installed 16 inch water lines
on East Chubbuck Road.
FINANCIAL STAT~ENT presented to Mayor and Council.
OLA]iMS for December presented to Mayor and Council. Several items reviewed and
discussed.
Councilman Taylor moved to pay bills. Counc~Zhman Kinghorn seconded motion with
all councilmen voting in favor.
TRANS~ OF FUNDS - Councilman Menard moved the council approve transfer of $10,000.00
from ~35.1 Sewage Gontingent to ~35.7 Sewage Revenue Bond and Interest Fand.
Councilman Kinghorn made motion Attorney Burnett draw up a resolution of intent
to rezone the subdivided property zoned Light Industrial and lying east of
commercial property on.east side of Yellowstone. Property is owned by Charlie
Frasure and is platted and recorded. Councilman Romriell seconded motion with
motion being approved. Councilman Kimghorns~ motion proposed the property be
remoned to Combined Residential -(R-2) Livestock.
Meeting recessed until De~ember 16, 1975 at 8:00 p.m. at 12:30 a.m.
Vera C. Armstrong, City Clerk
~hn 0. Cotant, Jr., May6'r"
CiI'y of
5160 Yellowstone
CHUBBUCK, IDAHO 83201
December 3, 1975
M~o T~.m Shurtliff
Hamilton & Voeller, Consult~ug F~ugineers
Pocatello, Idaho 85201
Dear Tim:
You requested a letter outlying the fins~ needs on Heights Subdivisio~
bofore the City of Chubbuck ~ accept it. Below Z have suu~narized
everyth~ug that is needed. Fol!ow~--ug ~1 $ is a brief explanation where
needed.
1. A $50,O00.00 mainten~uce bond from Bengal Construction
guarsnteeiug the ?VC sewer pipe for ~ years after December 9,
1976.
2. A $1,000.00 maintensr~ce bond from Bengal Construction
guaranteeing the repairs of roads in Heights that may settle
due to ~.usu~mcmen~ compaction of the power trenches for a
period of two years.
3. A letter from Bengal Construction that they ~2~1 repair the
follow,lng sections of road iu the spring of 1976 if in-
spection in the spring bears out that the work done this f~]~
is poor; the surface sections now show there to be some
problems.
a) South end of Trent Street
b) Adjacent to the cement cross drain on Boyd Street where
intersected by KevLu Street
c) Cross drain between East Chubbuck Road and Todd Street on
Cole Street
~.~ No fire hydrants cau be located dm the side~a!~ ~igh~ of way
where they ~dq] be encased in concrete. Valves may be
cased in concrete if the fire hydrant is out of the sidewalk.
Any fire hydrant that m-mst be relocated should be moved far
enough that both the hydrant and vslve are out of the sidewalk.
Items i mud 2 have already been addressed iu .preVious correspondence or
meetings. In my inspection of the road work the South end of Trent Street
showed excessive amounts of loose asphalt/rock on the s~rface. It
appeared that a light layer of nd~x was applied to the road surface to
bring the road to grade with the curb lip. However, the mix was cold or
low in oil and the bLuding into the existing surface~ is ~oor. The ssme
City
5160 Ye]lowstor, e
CHUBBUCK, IDAHO 83201
Page 2
Tim Shurtlif f
Hmmilton & Voeller
appears to be true for the cross drain on Boyd Street. S~nce it is
to, late in the year to repair these now we sho'~ld wait unt-:q paving
season J-~ 1976 and look at them again. Iff there are not problems
e~ident there v~]q be no repair work required. If we find excessive .
loss o£ mix £rom the s~r£ace or crossd~ain area then they sho~uld be
repaired.
Item foum is self axplar, atory.
If you need further clarification do not hesitate to contact me.
Re spect fuJ-ly youMs, ,
/
ane F. Forsgre~
SNAKE RIVER
IDAHO POWER
C O M pANy
HYDRO POWER
Pocatel]o~ Idaho
December 9, 1975
Clty of Chubbuck
Chubbuck~ Idaho
This letter is to inform you that the Idaho Power Company will
guarantee all power crossings located in the Heights Subdivision~
Chubbuck, Idaho~ for a period of two years. Any repairs will be made
if the crossings fail because of poor compaction.
Yours very truly;
IDAHO POWER COMPANY
Division Electrical Supt
LGT:ds
cc: L R Gunnoe
OFFICE PHONE 233-5201 · P. O. BOX 4363 · POCATELLO, IDAHO 83201
December 8, 1975
City of Chubbuck
Chubbuck, Idaho
Re: PUC Sanitary Sewer Services Installed At Height's Subdivision
Gentlemen:
We agree to furnish the City of Chubbuck a maintenance bond of
$30,000.00 for a period of four (4) years commencing on December
9~ 1975 to December 9, 1980. The value of the bond is to be
decreased as services are connected and found to be acceptable.
Services become the responsibility of the City of Chubbuck thirty
days after connection if no failure is noted within that period.
Builders will contact Bengal Construction, Inc. twenty four (24)
hours prior to connection. Failure to do so leaves responsibility
with builder.
We deeply regret this misunderstanding occurring, which has caused a
great deal of inconvenience for the City of Chubbuck, the owner, and
the contractor. We would sincerely hope that future construction
would have project engineers and city engineers working in closer
conjunc%ion to prevent this sort of occurance being repeated.
It is imperative that engineers accept responsibility for th'eir
decisions and are authorized by the Owner and City to make these
decisions. We feel this would increase quality and curtail costs
to the City, the Contractor and the Owner.
Gale Lim
Vice President,
Bengal Construction, Inc.
GL/mg