HomeMy WebLinkAbout07 23 1974 CMMinutes of the regular meeting of the Mayor and Council held in the city municipal
building July 23, 197i.
Present: Mayor John O. Cotant, Jr., Counc~_men I~ain Kinghorn, Jack Menard, Earl
Romriell~ Attorney Burnett and Clerk Vera Armstrong.
Meeting called to order at 8:00 p.m.
Minutes of July 9 and 16 meetings approved_as ~rritten.
79
PUHLIC HEARING ITEMS: Mr. and Mrs. 0. C. Johnson, 535 Bluebird, Mobile Manor have
applied for a variance which will allow them to retain a step platform structure
which projects into the seven foot side yard requirement.
Attorney R. Don Bistline represented Mr. and Mrs. Johnson. Mr. Bistline stated the
structure was an attractive addition to the property. He also added it does not
interfere with their neighbors yard and that it is a walkway only and not attached
to the trailer. Mr. Bistline also said the Chubbuck Fire Chief had told him
ther~ was no fire hazard with the location of the structure.
Attorney James Manning appealed to the city council to recognize the petition of
Mr. and Mrs. Francis Seaver and Mr. and Mrs Wayne Ward to deny this variance
request. Mr. Manning stated approving variances breaks down the zoning laws. Mr.
Manning agreed the structure was not unsightly but the principle of the matter is
that it does not comply with zoning.
Councilman remarked the structure was p~table but so were the trailers. Chubbuck
Zoning Ordinance requires a seven foot side yard setback. Mobile Manor restrictive
covenants requite a five foot setback.
· Mr. Shannon~ Mobile Manor stated he had moved their storage shed back to comply
with ordinance.
Councilman Romriell said if there are exceptional circumstances the ordinance
can deviate and that perhaps this is an exceptional circumstance.
Mayor Cotant stated the city has found when the city deviate from ordinances
it always seems to cause problems.
Attorney Burnett informed council they have a policy decision here this evening
and not to worry about technicality, e.g. if perch would bo considered a structure
or building.
Councilman Kinghorn proposed the council deny the variance request. Councilman
Menard seconded motion. Roll call vote; Kinghorn~ yes; Menard, yes; Romire2~, no.
Mr. and Mrs. O. C. Johnson questioned how far the steps and awnings could protrude
into the side yard setback. Mayor Cotant read from ordinance whereby the awning
could project two feet and steps could project 3 feet into the seven foot side yard
setback. Mr. Johnson also asked if he were the only one that will be required to
walk the line as others are not complying to requirements. Mayor Cotant stated the
city has a building inspector and any complaints filed on violation of ordinance
will be taken care of.
REQUEST TO REZONE LOTS i thru ll, Block i and Lot i Block 4 Mobile Manor Subdivision.
Kent J. Parrish, President made the above request.
Mrs. Verda Moore informed council the residents along north side of Chubbuck Road
had met with the residents in Mobile Manor and had all agreed to hold to the original
request that conventional homes be budlt on these lots. Attorney Louis F. Racine
mailed a letter to this effect to Attorney Don Burnett which had been received this
day.
Attorney Max Parrish informed council he had done considerable research on depreciation
of property if mobile homes were placed on lots and he very definitely feels it would
not be detrimental to the area and strongly recommend the council approve this rezoning.
Verda Moore told council she had checked with banks and real estate departments and
has been told the mobile homes very definitely would depreciate the value of the homes
on north side of Chubbuck Rd.
Mayor Cotant told those present the council could not control the type of homes
to be built on these lots. The area is zoned Residentisl 2 and any home that
qualifies for Residential 2 can be built or developed on this property.
After some discussion on land use Attorney Burnett commented on auy law suit the
people contemplate on land use and stated he felt the economic aspect would
probably be the answer to the problem.
Councilman Menard reminded those present this zoning request cannot come up for
action again before one year had lapsed.
Mayor Cotant said inasmuch as Mr. Racine had requested to meet with the City Council,
Attorney Burnett and Mayor he felt the council should table any action until after
a meeting with Mr. Racine.
Councilman Kinghorn moved the request be tabled until after the meeting with Attorney
Racine. Councilman Romriell seconded motion with an unanimous vote in favor of motion.
Mr. Shannon informed council the weeds have not been removed from the lots. Mayor
Cotant told Mr. Shannon this can be taken care of.
JOHNSON VARIANCE REQUEST - Mr. Johnson informed council he would not move his structure
without a court order.
QUINN WAT~ LINE - Mr. Seibert questioned council when the city intends to start
construction on the proposed water line as some residents would need to borrow
money and wo~ld like some advance notice. Mayor Cotant told Mr. SeJ-~ert the city
didn't know for sure as pipe was on order and didn't know when it Would be delivered.
SEW~ CONSTRUCTION - Max Parrish asked council when the city planned to finish paving
Parrish Drive. Doug Jensen said the present plans are to complete paving all streets
within next two weeks.,but there seemed to be a water line break in the culdesac
that needs repaired.
MOBILE MANOR C~MPLAINT - The city has received several complaints on weeds on vacant
lots in Mobile Manor and Mayor Cotant requested Max Parrish take care of the weeds
so the city won't need to take legal action on matter.
RESOLUTION 25-7~ "10-1-72 Public Sale Resolution" declaring notice for sale of Sewer
Bonds. Councilman Romriell moved the council adopt the Bond Sales Resolution re-
solving the public sale of Bonds to fiuance the Chubbuck Sewer system. Deputy
Clerk Dorothy Ward read the resolution in full. Councilman Kinghorn seconded
adoption offlSewer Bond Sales Resolution. Roll call vote; Kinghorn, ~es; Menard,
yes, Romriell~ yes.
SEWER PRO~ECT R~PORT - Council discussed paving of East Chubbuck Road to ~ailroad
tracks. Engineer Doug Jensen stated he felt this plan was to pave Chubbuck Road
last fall, fix any soft spots this spring and then a seal coat be applied this
spring. Mayor Cotant said there were some bad spots that needed repaired and
Engineer Jensen agreed. Councilman Menard told Mr. Jensen the council felt the
cold mix patch on East Chubbuck Road was only a temporary job. Mr. Jensen told
council it was the engineers understanding Oregon Construction would repair as
he previously stated.
Mayor ~uestioned repair of West Chubbuck Road. Engineer Jensen said they have
determined this is a spot condition and Bannock Paving are scheduled to make the
repairs.
Mayor Cotant questioned street repair on Dell Road and-informed Doug the irrigation
ditch was leaking again. Doug said he would make note to check on these items.
Engineer Jensen asked if the council were comparing street repair on Whitaker Road
to East Chubbuck Road. Council told him yes. Doug told council Oregon Construction
was paid for~a five foot repair job but Oregon asked if the engineers would accept
the two inch mat and engineers had, of course, said yes.
Engineer Jensen informed Mayor and Council he had met with State E.P.A on Thursday
about additional financing. Federal agency is now taking State recommendations on
grant increases. The State has recommended additional funds for the project and
Mr. Jensen is hopeful for additional funds to be approved.
Doug said the engineers have requested inspections and the grant money will be
released after the final inspections.
Doug also told council Pocatello had inspected the sewer line with their TV camera
and praised the installation of lines and construction.
Mr. Jensen told Mayor and Council he was holding some cheeks from Oregon Construction
Doug Gadd gave him to make payment to local suppliers when funds become available.
Engineer Jensen requested the city make payment on additional street repairs in
the sum of $20,350.48 so Bannock Paving could receive payment along with some other
local suppliers. The city has agreed to fund additional street repairs in sewer
project previously. Councilman Romriall moved the dity disperse $20,350.48 from
Sewer Operation and Maintenance Fund to make payment on bills Forsgren and Perkins
are holding. Councilman Kinghorn seconded motion with all councilmen approving.
SHNHR CONSTRUCTION - Rodney Parrish asked where complaints on sewer repairs should
be sent. Mayor Cotant requested the Parrishes outline all complaints and present
to city office and city will forward to engineer to check out. Rodney said they
preferred the city would make the extensions and repairs to the service lines at
219 - 221 - 229 - 239 Parrish Drive.
GEORGE SNIOZAWA S~ SERVICE LINE - Doug Jensen informed council the engineers
have met with Mr. Shiozawa and he can be served by the sewer by 'installing the
line north thru his driveway. The engineers have showed Mr. Shiozawa the sewer
line will serve Mr. Shiozawa's acreage as installed. Mayor Cotant suggested the
city make this service line to Mr. Shiozawa's home.
ZONING AND BUILDING - Rodney Parrish told council he contemplated moving a house up on East Chubbuck Road and remodeling same. Councilman M~nard iuformed Mr.
Parrish he would need to comply with the ordinance on moving and remodeling buildings.
Councilman Menard asked if Doyle Chatterton was aware he needed to curb, gutter and
sidewalk his subdivision he bought from Turner. Mr. Menard said he would talk to
Mr. Chatterton.
TRANSFER OF FUNDS - Attorney Bk~rnett reported to council on Transfer of funds from
one fund to another. Section 50-1014 Idaho Code states the city council may transfer
an expended balance in one fund to the credit of another fund. Attorney Burnett
said after talking to the auditor they determined it appropriate to transfer funds
by resolution adopted by city council.
SEW~ SERVICE LINE CLAII~ - Counc~3Jnan Menard moved the council pay sewer line claim
presented by Jerry Stuart with the exception of the additional $331.50 on Darwin
Smith project. Councilman Kinghorn seconded motion with an unanimous vote in
favor of motion.
F]/{E STATION BU]/bDING - Councilman Menard presented a drawing of proposed addition to
fire station building. Mayor and Council discussed purchasing an additional 22
feet to build on or to add onto the front and south of the present building.
LAW SUIT - LAND INVESTMENTS - Attorney Burnett has prepared an injunction against
L~nd Investments, Inc. for parking and repairing' burned out trailers On property
owned by Land Investments, Inc. which is zones Residential 2 Trailer zone.
Max Parrish requested the city hold on the injunction because they will have one
trailer completed within 30 day~ and the other within another ~O days. Mayor and
council decided to file the injumction.
P~qMAN~NT STAND OR STAGE FOR STUART PARK - Mayor and council discussed building a stage
for the Chubbuck Days Celebration. Mayor Cotant said he would try to obtain a flat
trailer to use this year because of the shortage of time.
Meeting recessed until further notice if necessary ~t 1:13 a~"m. / /I
(~/John O. Cotant, ~r., ~ayor