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Home My WebLink About04 14 1992 CM87 COUNCIL MEETING MINUTES April 14, 1992 Minutes of regular meeting held in the city municipal building, April 14, 1992. Present: Mayor John O. Cotant, Council members Leroy S. Quick, Steven M. England, Bavid A. Landor, W. Dean Wood, Attorney Thomas J. Holmes, Public Works Director Steven M. Smart and City Clerk Ron C. Conlin. Meeting was called to order at 7:33 p.m. by Mayor Cotant. APPROVAL OF MINUTES - Mayor Cotant asked for corrections or additions to the council meeting minutes of, March 24, 1992. Councilman Wood moved to approve regular meeting minutes of March 24, 1992 as read. Councilman Landor seconded. All council members voted in favor of motion. CABLE COMMISSION REPORT - Ray Tolman, Cable Commission Representative was present to report on the March Tri-Annual TCI Report. The following concerns were discussed: 1. Five dollar delinquent charge for late payments. 2. Two dollar fee charged for converter box. 3. Discussion about Channel 20, is it an advantage to the City. PUBLIC HEARING - An application by Craig Rickert and Associates, 3101W. 41st. Street, Suite 205, Sioux Falls, S.D. to vacate a plat of Chubbuck Plaza Industrial Park, 4250 Yellowstone Ave. and a portion of Commercial Way deeded to the City. An application by Craig Rickert and Associates, Sioux Falls, S.D. for a review of a preliminary plat for Rickert Subdivision located on a tract of land south of Bullock Drive. Mayor Cotant declared the public hearing open on both the vacation of plat and preliminary plat. Steve Wilson, 8480 E. Orchard Rd., Englewood, Colorado was present representing Rickert & Assoc. and Walmart Corp. Mr. Wilson stated the requests and comments brought forth at the Land Use and Development Commission Meeting were all included in a new preliminary plat presented to Mayor Cotant and Council. 89 PUBLIC HEARING - VACATION OF PLAT AND PRELIHINARY PLAT - (cont.) PWD Smart said Walmart is going to contribute to assist with water line construction. With the contribution, the city will provide the immediate minimal needs for water. The City will proceed with the potential of the tax increment financing. PWD Smart said Flying J representatives were present at the Land Use & Development Commission Meeting expressing concern they had some ownership of a portion of the Walmart property. At this time it looks like the Flying J does not own the property they thought they did. There was no one present from the Flying J. There were concerns about where the signal lights will be installed. PWD Smart stated the signal lights are under the jurisdiction of the State Department of Transportation. PWD Smart said the State will approve two approaches from Yellowstone Ave. Tom Manolis, Tom's Gyro expressed concern about approaches to his business. Mr. Smith said Rickert & Assoc. and Walmart will be more than happy to accommodate Mr. Manolis regarding his concerns. Mayor Cotant declared the public hearing closed. Councilman England moved to accept recommendations of Land Use and Development Commission, approving application of Rickert and Associates to vacate plat of Chubbuck Plaza Industrial Park, 4250 Yellowstone Ave., and a portion of Commercial Way, deeded to the City. Councilman Quick seconded. All council members voted in favor of motion. Councilman Quick moved to accept recommendations of Land Use and Development Commission and approve a preliminary plat presented by Rickart and Associates, (Walmart Store), subject to the following conditions: 1) Dedicate and improve the remainder of Bullock Street, back to the point that it turns north and enters the Pocatello Industrial Park. 2) Bullock St. be extended and dedicated to the east property line of Rickert Subdivision. 3) Right-of-way for Yellowstone Ave. to be widened to 40', on the east half. 4) Curb, gutter and sidewalk to be installed along Bullock St. 5) That developer work out, to the satisfaction of the City Engineer, all existing utilities that are installed under Commercial Way. 6) Increase easement width on the eastern boundary of Lot 1, to 39' Councilman Landor seconded. All council members voted in favor of motion. 91 PUBLIC HEARING - ORDINANCE ~372 - An ordinance amending Chapter 16.12 and 16.16 to add the definition of a local street, require concrete curbs, revise and implement design standards for sewers, storm water run off collection systems, water distribution systems and to delete conflicting or obsolete standards, adding construction standards to Chapter 16.12 including the adoption by reference of the Idaho Standards for public works construction, revising Chapter 16.16 to eliminate compaction and fill standards superseded by adoption of other standards in Chapter 16.12. Mayor Cotant and Attorney Holmes read Ordinance ~372. Mayor Cotant declared the public hearing open, asking for comments for, or against. There being no comments Mayor Cotant declared the public hearing closed. Ordinance ~372 is the result of a study by Idaho State University approximately a year ago. PWD Smart responded to concerns about the ordinance. Councilman England moved to dispense with the rule of reading Ordinance ¢372 on three separate days. Councilman Landor seconded. Roll Call Vote: Quick, yes; England, yes; Landor, yes; Wood, yes. Councilman England moved to adopt Ordinance #372 with typo corrections, as read. Councilman Landor seconded. Roll Call Vote: Quick, yes; England, yes; Landor, yes; Wood, yes. FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION HERITAGE WEST ~3 SUBDIVISION This matter having come before the City Council for public hearing pursuant to public notice as required by law, on March 24, 1992, upon the application of American Heritage. Councilman Landor moved to accept the Findings of Fact, Conclusions of Law for Heritage West Subdivision ¢3 as read. Councilman Quick seconded. Roll Call Vote: Quick, yes; England, yes; Landon, yes; Wood, abstained. FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - ESPIE SUBDIVISION - This matter having come before the City Council for public hearing pursuant to public notice as required by law, on March 24, 1992, upon the application of Roy Lacey. Councilman England moved to accept the Findings of Fact, Conclusions of Law and Decision for Espie Subdivision as read. 93 FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION - ESPIE SUBDIVISION - (cont.) Councilman Landon seconded. Roll Call Vote: Quick, yes; England, yes; Landon, yes; Wood, abstained. RESOLUTION ¢4-92 - A resolution of the Mayor and Council of the City of Chubbuck, making Findings of Fact with respect to the need of an Urban Renewal Agency providing for the number of members and the appointment of members to said agency. Mayor Cotant read Resolution ¢4-92 in full. Mayor Cotant stated he is in the process of talking to 5 appointees to serve on the agency, and will try to submit the names for approval of Council, at the April 28, 1992 Council Meeting. Councilman Quick moved to adopt Resolution ¢4-92 as read. Councilman Wood seconded. All council members voted in favor of motion. BID PROPOSAL for administrative services on the proposed ICDBG/EDA Project - PWD Smart stated the City received bid proposals from Harlan W. Mann, Boise, Idaho and Southeast Idaho Council of Governments, Inc., Pocate]lo, Idaho. South Central Private Industry Council, Inc. and Forsgren Associates declined to bid the proposal. Harlan W. Mann, Boise said they feel the cost of this work, based on their experience in Idaho Falls, McCall and Rexbur9, including the cost of forming an agency and preparing and approving the renewal plan will be in the range of $15,000.00 to $20,000.00. This estimate includes their services and those of an attorney. SICOG's history of fees for this type of project range from 2%, up to 8% of a project's total cost, as negotiated with the Grantee/Agency. After discussion, Council decided to table the bid proposals for administrative services on the proposed ICDBG/EDA Project, until April 28, 1992 Council Meeting CLAIMS Computer print-out claims presented to Mayor Cotant and Council. After discussion, Councilman Wood moved to approve computer print-out claims as read. Councilman Quick seconded. All council members voted in favor of motion. GENERAL 1, 95 DISCUSSION - Fire Chief Cary Campbell explained how he figures restitution costs. Discussion about when the Fire Department will pursue restitution. FC Campbell said the City will ask a 15% increase from Fire Districts this year. Discussion about when property owners insurance will pay. FC Campbell said the Fire Department would like to look at the possibility of finding another accident insurance company for the Fire Department members. FC Campbell stated the Fire Department members are not getting response from Colonial Insurance on claims. FC Campbell was directed to present information to Council for review. At 9:53 p.m., Councilman England moved, Councilman Quick seconded, with full council approval to adjourn meeting. ohn O. ~otant, 'Mayor Ron C. Conlin, City Clerk