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HomeMy WebLinkAbout11 26 1991 CM185 COUNCIL MEETING MINUTES November 26, 1991 Minutes of regular meeting held in the city municipal building, November 26th., 1991. Present: Mayor John O. Cotant, Council members Leroy S. Quick, Steven M. England, David A. Landon, W. Dean Wood, Attorney Thomas J. Holmes, Public Works Director Steven H. Smart and City Clerk Ron C. Conlin. Meeting was called to order at 7:30 p.m. by Mayor Cotant. APPROVAL OF MINUTES Mayor Cotant asked for corrections or additions to Special Meeting Minutes of November 12th., Regular Meeting Minutes of November 12th., 1991, and Special Meeting Hinutes of November 19th., 1991. Councilman Wood moved to approve Special Meeting Minutes of November 12th., 1991 as read. Councilman Quick seconded. All council members voted in favor of motion. Councilman Quick moved to approve Regular Meeting Minutes of November 12th., 1991 as read. Councilman Wood seconded. All council members voted in favor of motion. Councilman Landon moved to approve Special Meeting Minutes of November 19th., 1991 as read. Councilman England seconded. All council members voted in favor of motion. ORDINANCE ~361 - An ordinance adopting Building Standards" setting forth buildings. Chapter 15,36 standards for "Production production Attorney Holmes stated Fire Chief Cary Campbell expressed concern about 15.36.050 saying more than 50% of structural damage will be repaired in accordance with Uniform Building Code. FC Campbell said we will create more problems than we will solve by requiring the Building Department to try to figure out what fifty percent or more structural damage is. FC Campbell felt the ordinance should stay as it was, saying repairs of structural damage will have to be made within the Uniform Building Code. Jim Thilmont, Meadows Trailer Court stated he is in favor the the change. 187 ORDINANCE ~361 -(cont.) Mayor Cotant read Ordinance ~361 by title only for the third reading. Councilman England moved to dispense with the rule of reading Ordinance ~361 on three separate days. Councilman Quick seconded. Roll Call Vote: Quick, yes; England, yes; Landon, yes; Wood, yes. Councilman Quick moved to adopt Ordinance ¢361 as read, deleting paragraph 15.36.050. Councilman Landor seconded. Roll Call Vote: Quick, yes; England, yes; Landor, yes; Wood, yes. ORDZNANCE ¢362 An ordinance amending Chapter 15.20 "Building Moving" to clarify its applicability to production buildings, clarifying the time limits and what needs to be done within those time limits after a permit to move a building is granted. Ward Sinsel, President of Manufactured Home Owners Association was present to state he is in favor of inspections on mobile homes. Mr. Sinsel said he would suggest the park owner be required to notify the City at the time a mobile home is moved to their court. The park owners are the only people that know when a mobile home is moving into their courts. Mr. Sinsel stated, not many of the mobile home movers or people that set up the mobile homes, are not licensed, even though it is required by law. Jim Thilmont, Meadows Trailer Court said he did problem with the park owner being responsible to City of any mobile homes moving to their court. not have a notify the After discussion, Attorney Holmes was directed to prepare an amendment to Ordinance #361 to deal with the owner, person responsible for moving the building or the permittee of a permit issued under this section shall contact the City Building Department within five (5) working days of the time the building is moved into the city and arrange for the appropriate inspection. Attorney Holmes read though changes made on Ordinance ~363, inviting comments from the public. Craig Parrish, 739 E. Chubbuck Rd, expressed concern of what the applicable codes are. Rodney Parrish, 739 E. Chubbuck Rd. said the applicable codes leave the ordinance too wide open. 189 ORDINANCE #362 - (cont.) Attorney Holmes stated, if there is structural damage, the mobile home will have to be brought to the Uniform Building Code. Kent Kurtz, 4801Whitaker Rd. expressed thanks to Mayor Cotant and Council for the effort in cleaning the City of Chubbuck up. Ordinance ¢361 and Ordinance ~362 have been discussed at length, on at least three prior meetings. Councilman Quick moved to dispense with the rule of reading Ordinance #362 on three separate days. Councilman Landor seconded. Roll Call Vote: Quick, yes; England, yes; Landor, yes; Wood, yes. Councilman Quick moved to adopt Ordinance ¢362 as read. Councilman Landon seconded. Roll Call Vote: Quick, yes; England, yes; Landor, yes; Wood, yes. FIRE STATION CONSTRUCTION REPORT BY ARCHITECT PETE ANDERSON - Fire Station Architect Pete Anderson was present give a wrap up on the construction of the Fire Station, also to present Mayor Cotant and Council a, before and after picture of the Fire Station. Architect Pete Anderson said construction was started on April 9th., 1991, the project was mostly completed August 30, 1991. Final construction costs are approx. $343,800.00. Architect Anderson felt West Construction did a very good job on the project. Architect Anderson thanked the City for the opportunity of working on the project. ORDINANCE - An ordinance adding Chapter 15.32 to the Chubbuok Municipal Code providing for new commeroial uses of property to comply with existing ordinances regarding curb, gutter, sidewalk, streets and landscaping. Attorney Holmes read ordinance in full for the first reading. After discussion, the Council decided to table the ordinance until the December lOth., 1991 Council Meeting. ORDINANCE - An ordinance amending Section 18.12.040 (f) of the Chubbuck Municipal Code to the vision triangle restrictions on a driveway by a street right-of-way. ORDINANCE - (cont.) 191 Mayor Cotant read ordinance by title only for the second reading. Discussion about definition of a driveway, Attorney Holmes was directed to put definition in ordinance and present a redraft. After discussion, the Council decided to table the ordinance until the December lOth., 1991 Council Meeting. BUSINESS LICENSE APPLICATION - Jerry D. Crowley, Allied Christmas Tree Center, Sandy, Utah has applied for license to sell christmas trees at 4845 Yellowstone Ave. (Smith's Food King Parking Lot). Councilman England moved to grant a business license to Jerry Crowley, Allied Christmas Center to sell christmas trees at 4845 Yellowstone Ave. (Smith's Food King Parking Lot). Councilman Landon seconded, All council members voted in favor of motion. BUSINESS LICENSE APPLICATION - Blaine Gerrard, 1864 Pocatello, Idaho has applied for license to sell trees at 4501 Yellowstone Ave. Phoenix, christmas Councilman Landon moved to grant a bus'ness license to Blaine Gerrard, 1864 Phoenix, Pocatello to sell christmas trees at 4501 Yellowstone Ave. Councilman England seconded. All council members voted in favor of motion. BUSINESS LICENSE APPLICATION - Gordon W. Harmon, Rte. 2, Box 66D has applied for license to sell potatoes from a van on property south of McDonald's. City Clerk Conlin polled the Council prior to the meeting so Mr. Harmon could start selling potatoes the weekend of December 7th. and 8th., 1991. All council members were in favor of granting Mr. Harmon a business license to sell potatoes December 7th,, 1991. FUNDING FOR SEWER SYSTEM UPDATES RECOMMENDED BY SEWER FACILITY PLANNING STUDY - Council reviewed an agreement proposed by Mike Moore for the judicial confirmation process. This agreement will enable the city to secure a loan from the State to construct sewer updates recommended by Forsgren and Associates in the Facility Planning Study. PWD Smart stated the loan would be handled like a revenue bond, and need to be secured either by a revenue bond or confirmation by the courts. PWD Smart suggested the Council approve the agreement. FUNDING FOR SEWER UPDATES - (cont,) 193 PWD Smart stated if the agreement is approved, things will be in place for projects to be started next construction season. Attorney Holmes stated Davis, Wright, Tremaine are excellent municipal lawyers and bond counsel. Councilman England made motion Mayor Cotant enter into agreement with the law firm Davis, Wright, Tremaine with Mike C. Moore to secure funding for sewer system updates recommended by Sewer Facility Planning Study. Councilman Wood seconded. All council members voted in favor of motion. ORDINANCE - An ordinance repealing Chapter 12.04 "Surety Bonds" and enacting a new Chapter 12.04, permit to use "City Right-of- way"; providing for a permit process, providing for surety bonds to indemnify the City against liability. Council was asked to review Permit to use City right-of-way ordinance and discuss at the December 10th., 1991 Council Meeting. CITY STREET FINANCE REPORT - City Clerk Ron Conlin has prepared the City Street Finance Report. Idaho Code requires approval of City Street Finance Report, with certification by Mayor Cotant. After discussion, Councilman Wood moved to approve the 1990- 91 City Street Finance Report and authorized certification of the same by Mayor Cotant. Councilman Quick seconded. All council members voted in favor of motion. CLAIMS - Computer print-out claims have been presented to Mayor Cotant and Council. Councilman England moved to approve computer print-out claims as read. Councilman Landon seconded. All council members voted in favor of motion. At 9:11 p.m,, Councilman Quick moved to go into executive session meeting to discuss personnel, as authorized by Idaho Code 67- 2345 (a). Councilman Landon seconded. 100% of council members voted in favor of motion. Discussion about legal fees paid to Attorney Holmes. No action or final decision was made. EXECTUTIVE SESSION - (cont.) 195 At 9:15 p.m., Councilman Quick moved to adjourn from executive session meeting to regular meeting. Councilman [~andon seconded. All council members voted in favor of motions. ATTORNEY FEES - Councilman Quick moved to increase Attorney Thomas J. Holmes Attorney Fees $2,500.00 for the 1991-92 Fiscal Year Budget. Councilman Landon seconded. All council members voted in favor of motion. At 9:20 p.m., Councilman Landon moved, Councilman England seconded, with full council approval to adjourn meeting. John O. Cotant, Mayor Ron C. Conlin, City Clerk TO: Mayor Cotant and City Council FROM: Steven M. Smart DATE: November 19, 1991 Securing funding for sewer system updates recommended by Sewer Facility Planning Study. The Sewer Facility Planning Study recently completed by Forsgren and Associates is in the hands of the State Division of Environment for final approval. As you recall, the planning study identified about $239,000 worth of sewer update work. That update work is necessary to keep our sewer system in good operating condition. An expansion of our sewer system to serve residents of Dell Road is also recommended in the facility planning study. The cost of that project is estimated at about $94,000 which is also included in the overall cost of $239,000. I have attached a copy of table 1-1 of the final report which shows the breakdown of those projected costs. Money is available from the state in a revolving loan fund. The current interest rate on that money is 4%. Local officials at the Division of Environment have already taken necessary steps to earmark funding for the City of Chubbuck for the construction season 1992 construct these recommended sewer improvements. Loan money available at the state is secured by either a bond election or a judicial confirmation process. The judicial conformation process also needs to be accompanied by bond council and attorney general opinions that the expenses are "ordinary and necessary". Judicial confirmation is authorized by Idaho Code title 7 chapter 13. It is a process whereby the courts confirm the validity of debt incurred by the city council on the basis that the project or the money spent is "ordinary and necessary" in the discharge of city duties. This judicial confirmation process was made law in 1988 and relatively few people and cities have gone through the necessary steps to get it done. The City of Blackfoot recently completed a judicial confirmation. I called Don Wren, the city clerk of Blackfoot, and asked him a number of questions about their project and how it was handled. The City of Blackfoot retained Mike Moore out of Boise to handle all aspects of the judicial confirmation and bond council opinion. Wren told me that Mike Moore is about the only one in the state that has done a judicial confirmation. It took Blackfoot about three months to go through the judicial confirmation process on their project. Their project funding was nearly one million dollars, about a third of which was a major sewer expansion into an area of the city. I e~tim~te Moore's fees would be in the neighborhood of $2,000 to $2,500 based on the fees charged to.. Blackfoot for their work. I took the liberty of c~lling Mike Moore, but he is out of the office until the 18th. I will try to contact him and see if he is in a position to handle a project of this nature and what his fees might be. Division of Environment people have informed me that Mike Moore has done judicial confirmation for Blackfoot, Pocatello and Aberdeen and he may have done others that they are not aware of. We would be able to construct all of the sewer system updates in 1992 if we had the funding secured in time for the State to disburse it to us. We must make some committments right now in order to be sure that we have all of the steps taken for this project funding. I am asking Ron to put this on the agenda for the next regular council meeting November 26. At that meeting I will ask the City Council to authorize the Mayor to enter into an agreement with someone such as Mike Moore to push a judicial confirmation through along with the other necessary bond council and attorney general opnions needed to secure a loan from the State. If you have a question about judicial confirmation or a question about the sewer update project, please feel free to call me. I hope that any questions you might have I would be able to answer during this coming week so that by November 26 we are in a position to make some decisions. I was able to make contact with Mike Moore on Monday the 18th. Moore is willing to help us out with our judicial confirmation process. He is in a position to do it at any time that we ask. He told me that it would probably take about 8 weeks for the process to be completed after he filed the petition. He feels like the fees would be very close to that of Blackfoot and Pocatello. After he looked up a few things in his file he told me that it probably wouldn't exceed $4,000. I did find out that he didn't charge as much to Blackfoot as Don Wren~ had recollected. The $4,000 fee would be eligible costs that could be charged back to the loan proceeds. Mike Moore will send me a copy of his contract and if the City Council so chooses on the 26th we could sign a contract and he could move right ahead and possibly have a petition filed by the second week in December. TABLE1-1 CITY OF CHUBBUCK RECOMMENDED S~'WER SYSTEM UPDATE PROJECTED COSTS Sewer Item 1. PUMP STATIONS Valenty Update Siphon Update Siphon Bypass Line Sorrell Update Paradise Update $20,000 20,000 41,870 10,600 20.000 Pump Station Total 2. COLLECTION UPDATES Replace Pipeline: MH Q22 to Q23 Replace Pipeline @ MH L3-L4 $28,000 5.000 Collection Update Costs 3. DELL ROAD SEWER LINE EXTENSION Sewer Line & Manholes Service Line to Properties Service Line to Houses Street, Curb, and Gutter Repairs $31,500 10,500 37,200 14,500 Dell Road Total 4. TOTAL RECOMMENDED IMPROVEMENT COSTS Cost $112,470 $ 33,000 $ 93.700 $239,170 1-5 BR16/010.$-1