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Council Minutes 9/12/2006 (150) I I I 121 June 2, 1994 CITY OF AMMON June 2, 1994 Minutes of the Public Hearing and Regular Meeting of the Mayor and City Council: The meeting was called to order at 7: 30 P.M. by Mayor C. Bruce Ard at the City Building, 3270 Molen Street, Ammon, Idaho, with the following City Officials present: Mayor C. Bruce Ard Councilman Harvey Crandall Councilman Ira K. Hall Councilman Steven J. Loveland Councilman Greg J. Maeser Attorney W. Joe Anderson Engineer David E. Benton Public Works Director David Fire Marshal Robert Farrow City Clerk Aleen C. Jensen Wadsworth Others Present: James Wolski, 3620 Vaughn Street, Ammon Sharlene Blatter, 3240 Molen Street, Ammon Carolyn Patterson, 3110 Molen Street, Ammon Scott Gray, Carl Gray Tires, 2525 East 17th Street, Ammon Susanne Hawkins, 1980 Falcon Street, Ammon Eric Davis, Cantlon Properties The Pledge of Allegiance to the Flag was directed by Councilman Loveland, and the invocation was offered by Councilman Hall. Mayor Ard opened the Public Hearing of the City Council acting as the Board of Adjustments to consider a request of Cantlon Properties for a conditional use permit to construct buildings within seventy-five (75) feet of a water course in the development of the property located on the southeast corner of Hitt Road and East 17th Street. Notice of Hearing was published in the Post Register on May 18 and May 25, 1994. Property owners within three hundred (300) feet were mailed notices of the hearing. Eric Davis, representative of Cantlon Properties, was sworn in by Mayor Ard to present testimony. Mr. Davis explained that Cantlon's plan has not changed since it was originally submitted to the City Council for approval. However, in order to assure that the requirements of C. C. 11-7-8 (3b) are met, the developer submitted to the hearing process. The plans were reviewed and the location of buildings in relationship to the relocated Sand Creek were pointed out. The Planning and Zoning Commission reviewed the request, and they recommended the conditional use permit be granted because the water course is more of a canal than a natural flood channel. The Department of Water Resources, the Corps of Engineers, and the Flood Control District have given approval for the relocation of Sand Creek to its original stream bed, and they have outlined approval conditions for the developer to follow. There was no public input for or against. The Board of Adjustments found the conditions of C. C. 11-5-11 have been met. Mayor Ard closed the public hearing, and the regular meeting continued. Councilman Crandall moved to approve a conditional use permit for Cantlon Properties to allow them to situate their buildings within seventy-five (75) feet of the waterway, namely Sand Creek. The motion was seconded by Councilman Maeser. Roll call vote: Crandall - Yes; Maeser - Yes; Hall - Yes; Loveland - Yes. The motion carried unanimously. Councilman Hall questioned Eric Davis about the situation with Idaho Falls regarding the project. Idaho Falls City Attorney Dale Storer and Idaho Falls Public Works Director Chad Stanger worked with Mr. Davis today on terms of the development agreement. They hope to have the final plat, the development agreement, and the resolution on the Idaho Falls City Council Meeting agenda for June 23, 1994. Ammon City Council will review the final plat for Ammon Town Center on June 16, 1994. This plat shows three accesses on to Hitt Road. Carolyn Patterson, 3110 Molen Street, presented a petition signed by sixty-five individuals. The petition reads, "WE the Undersigned Petition, Request, and Implore, for the Safety of our CHILDREN, and our CITIZENS, that a 4 WAY stop be installed at the intersection of MIDWAY and MOLEN Streets in Ammon. The traffic flow at this intersection has caused multiple incident of near accident and endangerment to LIFE, LIMB, and PROPERTY. The YIELD Signs at this intersection are routinely ignored. We, the undersigned, therefore submit this petition to our 'CITY FATHERS' in good faith and rely on 'YOU' to solve this hazardous condition." The Council advised that a traffic study should be conducted before street signs are erected or changed. Mayor Ard recommended the petition be referred to the Bonneville Metropolitan Planning Organization (BMPO) for assistance with the problem. BMPO has a traffic engineer who could complete a traffic study for City of Ammon. Councilman Loveland suggested the problem might be solved by making 122 June 2, 1994 Midway a through street and placing stop signs on all intersecting streets. Public Works Director Wadsworth stated stop signs are not to be used for speed control. Mrs. Patterson obj ected to any plan that permits a straight shot to East 17th Street from East Sunnyside Road on Midway Avenue. Sharlene Blatter reported that several times cars have ended up on their front lawn in order to avoid an accident. The City Council accepted the petition. Public Works Director Wadsworth was instructed to obtain the services of BMPO to work up a traffic study. It was suggested the whole Ammon townsite be examined to coodinate traffic flow. Susanne Hawkins, 1980 Falcon Drive, appealed to the City Council for better park maintenance. She suggested an increase in monthly charges so there is more money available to maintain the parks and to repair the playground equipment. The monthly charges do not include money for parks. Residents pay monthly for water, sewer, and garbage services. Councilman Crandall stated he has observed the parks I since last Council meeting when there was considerable complaint about the condition of the parks. He recommended the Council consider allocating more funds for the Parks and Recreation Department in the new budget process. Councilman Loveland pointed out the need for citizen cooperation with regard to vandalism and maintenance. The Council recognized the problem and committed to doing something about it. The City crew is already working to improving park conditions. Councilman Crandall suggested compiling a list of major to-do-things for the parks. Some examples mentioned were a new mower, a water truck to wash the streets, and additional park help in the summertime. The Council could prioritize the list to use in setting the budget. Volunteer help might be available for some of the projects. Mrs. Hawkins also called attention to the street parking on Falcon Drive. It is supposed to be a "no parking" street, but there are so many cars parked there that it is hazardous. The Council agreed to ticket offenders. James Wolski, Rural Division Manager of Community and Rural Transportation (CART), discussed public transportation. The Regional Transit Authority program was explained. It is a transportation system coordination designed to eliminate duplication of services and require less operating money. Explanation was made of how the coordinated system works. The downside of the program is the public will have less personal service, but the good side is there will be more transportation available. Regional Transit Authority will be on the ballot in the November election. Mr. Wolski described CART services now in operation. There are three fixed routes operating in the Idaho Falls area that run every hour. Ammon is served with demand responsive which means riders call the day before to arrange door to door service. Also, route deviation is available on twenty-four hour notice. CART is expanding to outlying areas--Salmon, Pocatello, Driggs, St. Anthony/Chester. The Council questioned if all cities contribute to CART, but Mr. Wolski did not have figures. Ammon contributed $6000 to CART for the 1994 FY. There was Council concern about using City funds for the benefit of so few people. CART receives federal assistance depending on matching funds. There has been little or no change to the junkyard conditions around 3265/3275 Owen Street. All the accumulation is out in the open. There is no way to hide it from the neighbors and general public. It is difficult to know what to do about the problem because it is not an isolated case. There are other places throughout the City that are equally bad. It was suggested Council members observe the property and make a recommendation. An application for a fireworks permit has been received from Darlene and Reed Satterthwaite, dba American Fireworks. They operated a stand in Kmart' sparking lot in 1993 and have requested a renewal license to operate the same stand, in the same location with the same merchandise supplier from noon on June 15, 1994, to midnight on July 5, 1994. Councilman Crandall moved to grant a renewal fireworks permit to Darlene and Reed Satterthwaite, dba American Fireworks. The motion was seconded by Councilman Hall. Roll call vote: Crandall - Yes; Hall - Yes; Maeser - Yes; Loveland - Yes. The motion carried unanimously. The Fire Department will check for compliance with safety regulations before any sales take place. Reports: Fire Marshal Robert Farrow reported for the Fire Department. Denise Steele, 1950 Sunflower Circle, has contacted the department for a fire inspection so she can operate a day care facility in her home. Mrs.Steele believes she does not need a city license and/or permit, and the Fire Department does not want to approve her operation unless she complies with the City regulations. There is a question as to whether or not she can meet Ammon's home occupation permit requirements. If she can meet the requirements of C.C. ll-5-27H, she should make an application. Fire Marshal Farrow was instructed to complete the fire inspection. Engineer Benton reported on the relocation of the power lines on East Sunnyside Road. He also discussed how Utah Power plans to supply power to the Ammon Town I I I I I 123 June 2, 1994 Center and to the Ricks/Rodeffer subdivision. The plat for the Ricks/Rodeffer subdivision is ready to be filed with the Bonneville County Assessor. Councilman Loveland commended the City workers for their efforts to improve the park conditions. Councilman Maeser and Councilman Crandall inquired about the rotation for street repair. Public Works Director Wadsworth was instructed to check with Bonneville County Road and Bridge to see if they are available to help Ammon this year. If not, we need to advertise for bids. Mayor Ard and Councilman Maeser met with Sheriff Byron Stommel to discuss the 1995 Fiscal Year Law Enforcement contract. Sheriff Stommel proposed an inflation increase for the new year. It was a reasonable request, and Ammon can live with the amount requested. The Sheriff committed to the same service. However, they have some new officers and some reserves coming on, so they should be able to be more visable in Ammon. City Clerk Jensen reported James R. Rundle applied for a license to sell lawn ornaments in the Carl Gray parking lot. The license will be issued unless the Council has objections. There were no objections. The City's membership at Sam's Club is expiring, and the Council was questioned about whether or not to renew it. The membership has been used some, but there is some difficulty using it because they require payment with a City check which requires two signatures. The Council would like to retain membership, and the City Clerk was asked to check if there is an acceptable alternate way to pay. Claims were approved. There is a potential liability claim involving Hilda Bailery, the City of Ammon, and Progressive Irrigation. During the Ammon Road project, the City did not extend the irrigation ditch to allow Hilda Bailey, 3485 Owen Street, to utilize her water rights because it was understood she did not use the irrigation ditch. However, she still owns water rights which Progressive Irrigation continues to bill her for. Ms. Bailey refuses to pay Progressive unless she can use the water. Now she threatens to require City of Ammon to dig into the new construction to provide an irrigation ditch. She can apply for exclusion from Progressive Irrigation by paying delinquent water taxes and a filing fee or $152.77 which is due by June 20, 1994. One problem is Ms. Bailey is purchasing the property from Roy and Doris Southwick so the Southwicks also need to sign the application for exclusion. It was determined the City is in a liable position, and in order to avoid liability it would be best to pay the exclusion costs. The City Clerk was instructed to advise Ms. Bailey the exclusion costs would be paid by the City but Ms. Bailey would need to complete the necessary papers with Progressive Irrigation by June 20, 1994. Councilman Crandall discussed the need for some type of ordinance to declare a moratorium to prohibit cutting into the newly constructed Ammon Road. Attorney Anderson advised that the City can not legally prohibit a developer, and he suggested looking for alternative ways to connect to water and sewer rather than cutting into Ammon Road. Councilman Hall moved to adjourn the meeting, and the motion was seconded by Councilman Maeser. The meeting was adjourned at 9:20 P.M. C:u .;:~ K~ ATTEST ~(7J~ CITY CLERK ..