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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