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Council Minutes 9/12/2006 (165) I I I 177 January 19, 1995 CITY OF AMMON January 19, 1995 Minutes of the Public Hearing and the Regular Meeting of the Mayor and City Council: The meeting was called to order at Street, Ammon, Idaho, by Mayor C. present: Mayor C. Bruce Ard Councilman Harvey Crandall Councilman Ira K. Hall Councilman Steven J. Loveland Councilman Greg J. Maeser City Clerk Aleen C. Jensen 7:30 P.M. at the City Building, 3270 Molen Bruce Ard with the following City Officials Attorney W. Joe Anderson Engineer David E. Benton Public Works Director David Fire Chief Cal Smith Fire Marshal Robert Farrow Wadsworth Others Present: Linda Mortimer, 2095 Heather Lane, Ammon Joy Johnson, 2105 Heather Lane, Ammon John C. and Virginia Smith, 2110 Midway Avenue, Ammon Cleve and Dixie Delaney, 3320 Southwick Lane, Ammon Kevin Bodily, NB Architects Scott Nielsen, NB Architects Lance E. Blackwood, 2195 Cabellaro Drive, Ammon Dave Sommer, 3450 Circle S Drive, Ammon Jay T. and Sally Ellis, 2195 Midway Avenue, Ammon Mark and Rosa Martinez Piper, 1900 Midway Drive, Ammon George III and Peggy Watkins, 2155 Midway Avenue, Ammon Nancy Lembrich, 2640 Salmon Street, Ammon G. J. Basinger, 2100 Heathr Lane, Ammon Vicki Williams, 2005 Midway Avenue, Ammon Kair1e Hill, 1925 Heather Lane, Ammon Bud Roseberry, 2125 Midway Avenue, Ammon Diane Thompson, 3440 Senoma Circle, Ammon Doug Crabtree, 1875 Spencer Lane, Ammon Layne and Tami Barber, 1975 Spencer Avenue, Ammon Valerie Loveland, 3325 Rawson Street, Ammon Stephen "Jim" Summers, 3290 Molen Street, Ammon The Pledge of Allegiance to the Flag was directed by Councilman Hall, and the invocation was offered by Councilman Maeser. Nancy Lembrich, 2640 Salmon Street, expressed concern about the hazardous, icy road conditions and after hour road maintenance. She submitted a letter dated January 17, 1995, addressed to the Mayor and City Council which reads as follows: "I was greatly disappointed to learn . in a phone call yesterday evening that no action can be taken regarding treacherous icy roads after 5 p.m. . . "I made two evening trips, returning at 5: 30 and 7 p. m. Both times I slid on the ice at the intersection of Falcon and Salmon Street. My daughter was out on an errand with her friend. The friend also slid on the ice. From the tire tracks it was easy to notice many other cars had slid similarly. "This winter I have transported my three teens to Hillcrest High School. The intersections between this address and the schools have also been icy. Although the snow plow removal service appears to have improved this winter as compared to the two previous winters, the icy conditions are as hazardous as ever. "The recent deaths of young adults at an icy intersection outside St. Anthony serves to prove the reality of my concern. Why is there a policy that no roadwork to improve safe travel conditions can be performed after 5 p.m.? "My husband is an Ammon Volunteer fireman and gladly responds to any fire call 24 hours a day if he is not working out of the vicinity. Are there not enough funds in the budget for icy road treatment? Undoubtedly an employee would have to be paid extra. I would estimate that the salary for the time served is minimal compared to the potential life saving value to avoid any car accident. The parents of the dead youth would be sincerely grateful had the road been treated to prevent ice build up. "The population of Ammon continues to increase. The road traffic around our secondary schools has increased during the winter with athletic events and dances. Please address my concern that Ammon does not provide any road treatment for safe travel during icy and treacherous conditions. I would accompany my request with a petition signed by Ammon residents; however the roads are too icy for safe travel. 178 January 19, 1995 "If a policy is in effect which summarizes the idea 'Idaho winters are bad and people ought to know how to drive carefully', this attitude is sorely outdated. I learned to drive in a northern climate and my current job entails many hours of driving in blizzard conditions. Roads with traffic volume should be considered for ice treatment. "The year is 1995, not 1965. Let's put Ammon two steps towards the 21st century and review winter road maintenance policies!!" Public Works Director David Wadsworth responded, and he explained the City's policy on road maintenance. The City crew has plowed and sanded roads during early morning hours. Priority is given to the major intersections and the area near the schools. It was pointed out that road conditions change rapidly, and it is not always possible to correct problem areas. The City appreciates being notified about areas of concern, and the crew tries to maintain the roads for the benefit of the citizens depending on available manpower and equipment. Citizens can point out areas needing attention after hours by calling the city number 529-4211 to notify the answering service to page the "on call" employee. If that doesn't get satisfactory response, the Bonneville County Sheriff can be notified. New equipment has been ordered to aid winter road maintenance. Mayor Ard opened the Public Hearing of the City Council acting as the Board of Adjustments to consider a Conditional Use Permit to allow a City Building to be built on the corner of Southwick Lane and Midway Avenue in North McCowin Park. The proper Notice of Hearing was advertised in the Post Register on January 3 and January 10, 1995. Property owners within three hundred (300) feet were mailed hearing notices. All parties in interest desiring to present testimony were sworn in by Mayor Ard. Background information was given by the Mayor. According to David E. Benton, City Engineer, and a map dated April 28, 1975, the location under consideration was set aside several years ago by another City Council for a City Building and a Fire Station. The site was excluded from the park area dedicated for recreational use in perpetuity. Present City Officials do not believe the location is suited for or large enough for a fire station, but their idea is to develop it with a building for offices/council chambers compatible with the residential surroundings. The City already owns the property which eliminates considerable expense to purchase other property. Kevin Bodily of NB Architects (formerly Call, Nielsen, and Bodily Architects) dis- cussed the plans they are in the process of developing. Consideration is being given to the impact on the residential area, parking, access, and future expansion. Preliminary drawings were displayed and reviewed. The building is in scale with the housing development and is not being designed with a shopping center scheme. Questions and comments were requested from the citizens present. They discussed the size of the building, location of driveways and distance from the corner. How far is it from the back of the building to the existing fence? Are the parking spaces based on requirements of ordinance or anticipated future uses? How did you arrive at the number of parking spaces? What were the other properties considered for location? What is the cost of the building projected at? How many people on the average attend a City meeting? What kind of meetings are held which need accommodations as large as the plans provide for? What is the need? How often are City meetings held? What is the problem with using the Well No. 7 property? How are we going to deal with growth? What do we want our City to remain? What do we want to preserve? Why do we like living here? Things have changed since this property was set aside. The location is within the school area and involves children going and coming. Don't be short-sighted when it pertains to location. Be sure the building fits the City's long term needs. I I Engineer Benton discussed early City development. How does the City acquire land for parks? Did you actually look at other sites? How much property is owned at I Well No.7? Why did the City buy all the property at Well No. 7? What use is planned for it? How many people come to the City Building each day? Why don't they annex Ammon to Idaho Falls? Where did the City get the money to build a building? How much property is owned by the City which is not designated for parks? What is the set back from the streets? How do you plan to expand? Why not improve present accommodations and leave the park area alone? We don't disagree on the building--it is the location. The traffic around the High School and the Middle School is terrible. If you put a City Building at Southwick and Midway near Hillview Elementary School, you are creating another bad traffic problem. What would it cost to buy property on East 17th Street? How long would it take to accumulate extra money to buy other property? What property does the City own? Why is the City opposed to putting a building behind the fire station at Well No.7? Won't there be a road developed behind Kmart or Well No. 7 in the future? Why not consider the three undeveloped residential lots on Spencer Lane L_ . _ _ ___ I I I 179 January 19, 1995 in Meadow Lark Division No.2. We are talking about taking away from parks used by children. What are the provisionp for the handicapped? It was s1..\ggested that the City Building have daylight basement windows so the basement could be utilized for parks and recreation activities such as art classes. Why do they need such a big space for the Mayor's office? Will the City Council consider the Spencer Lane location? Do you anticipate any redesign plans if the location is changed? What is planned for landscaping? Could there be berms? What about using City funds for a stop light at East 17th Street and Midway Avenue? City Council response brought out that various areas in the City have been considered. Any property on East 17th Street would need to be purchased at the expensive going commercial rate. The undeveloped west end of McCowin Park could possibly be used but it is part of the property dedicated for park use and the access is better at Midway and Southwick which was set aside many years ago. The City Council will consider the available lots on Spencer Lane which could probably be purchased at the residential rate. The cost of the building is estimated to be between $200,000 and $300,000. The money has been accumulated through the years and residents will not be taxed extra to pay the costs. The size of the building is comparable in size to what other cities need. The basement is to be left unfinished to allow for expansion. It has been requested that the building be designed as maintenance free as possible. The present facilities are in need of improvement. Construction is being considered at this time in order to advertise for bids around the end of February or the first of March before the construction season is in full swing. At their meeting on January 3, 1995, the Planning and Zoning Commission recommended to the City Council approval of a Conditional Use Permit to allow construction of a City Bu~lding to be located on the northeast corner of McCowin Park contingent upon the restriction that the building never be used for selling goods, storage, or a repair shop. Mayor Ard explained the purpose of the hearing was to allow public input. He expressed appreciation for the citizen interest and closed the Public Hearing. Councilman Maeser moved to approve the minutes of City Council Meeting held January 5, 1995. The motion was seconded by Councilman Loveland. Roll call vote: Maeser - Yes; Loveland - Yes; Hall - Yes; Crandall - Yes. The motion carried unanimously. Dixie Delaney, Realtor with Century 21 and an Ammon resident at 3320 Southwick Lane, inquired about an animal overlay on their property. When they purchased the property on the south side of Southwick Lane, they understood the zoning was in place to allow animals. Protective covenants also indicate that animals are allowable, and the property has been used for animals. When the City Council considered removing the animal overlay from Sabin Drive in the Southwick Addition, it was brought out there was no animal overlay on the lots on the south side of Southwick Lane. Dixie Delaney wants to know when their property rights were taken away. The animal overlay was indicated on early zoning maps, but the zoning maps now in use do not indicate an animal overlay. The Council asked the City Clerk to research the zoning and to work with Mrs. Delaney to determine the zoning of her property. In regard to action needed on they have a responsibility to Enterprises on Spencer Lane. direction on how to proceed. the new City Building, the City Council determined the residents to look at the lots owned by Peterson Also, the Council needs to give the architects Fire Chief Cal Smith provided input. A new City Building is needed. The present facilities are a fire hazard. Too many people were in attendance at the meeting tonight for the number of building accesses. In addition to the cost of property on East 17th Street, the traffic makes access very difficult. Even the fire truck has difficulty accessing. The Midway location would be more accessible and should not generate extra traffic. Chief Smith encouraged planning for adequate fire protection. The architects observed from the citizen input that the concern is over loosing the grass area basically by the people who live closest. In terms of traffic flows, the City Building should be low impact. More grass can be put in on the west end of McCowin Park than a City Building will use. The City needs an additional well because of growth. Plans are to consider using property north of East 17th Street to add a well to benefit the Tie Breaker area. Development north of East 17th Street requires that the City look at adding a well to the north because all of the wells except for Well No. 7 are located to the south of East 17th Street. Councilman Loveland pointed out other vacant lots around the City, but they lacked central location. Following calculations, it was determined the residential lots on Spencer Lane which are 180 January 19, 1995 owned by Petersons are not deep enough without using a portion of the lots now zoned commercial. It is possible to build a shop by Well No. 7 and remodel the present City Building. The remodel probably would. cost as much or more as the new when you plan about $80,000 for a shop and remodel costs. Overflow parking is avail- able for the Midway/Southwick location because of the swimming pool and the park. Midway Avenue is already a through street. A City Building would serve as a buffer between the park and Midway Avenue. The City owns 4.17 acres of property on which the Fire Station/Well No. 7 is located. However, the property does not front on East 17th Street. There is only a twenty foot access into the property. It would cost considerable to purchase the frontage and narrow access is not feasible. Following considerable discussion, Councilman Crandall moved to approve the I location of a new City Building at the corner of Southwick Lane and Midway Avenue as planned and to compensate for giving up of the grass area the City should plant an equal amount of grass on the west end of McCowin Park. The motion was seconded by Councilman Maeser. Roll call vote: Crandall - Yes; Maeser - Yes; Hall - Yes; Loveland - Yes. The motion carried unanimously. Councilman Crandall moved to add an amendment to the motion for the City Council acting as the Board of Adjustments to approve a conditional use permit to allow a City building to be built on the property in North McCowin Park on the corner of Southwick Lane and Midway Avenue. The amending motion was seconded by Councilman Maeser. Roll call vote on the amendment to the motion: Crandall- Yes; Maeser - Yes; Hall - Yes; Loveland - Yes. The motion carried unanimously. Architectural directions and fee schedules were discussed. The architects proposed to get some firm cost estimates on the building. By the end of next week they can have in writing some projected costs for the project and a proposed fee. The fee will include civil engineering by Benton Engineering, structural engineering, mechanical engineering, electrical engineering, and the architects. Built-ins, carpeting, and light fixtures are included in the construction contract. Other furnishings such as desks, chairs, etc. are separate costs. A request has been received from Cantlon Properties Inc. (Ammon Town Center) to rezone the Jerry Bergeman property, 2590 East 17th Street, from C-l to HC-l to make it consistent with the balance of the shopping center property. The Bergeman parcel could not be included in the initial zone change because of lack of I controlling interest in the property at that time. CPI/Ammon Limited Partnership has since purchased the property. The City Council authorized the city office to schedule action on the request for rezone. Fire Chief Cal Smith presented the following statement regarding the Volunteer Fire Department: "Several days ago while I was in the process of updating the department's running cards and address listing, I was shocked to see just how large the city was becoming. We have just under 30 commercial listings and this figure does not include the new Albertsons and Anderson Lumber stores or the many home occupations. We have 3 churches, 3 elementary schools, 1 middle school, 1 high school, and 2 nursing home facilities. Add this to the number of single-family dwellings, duplexes, apartment buildings, and condominiums and you will see that the city is experiencing a steady growth. "Not only does this growth put pressure on city services such as water, sewer, and trash collection, it also adds pressure to the city's ability to provide fire protection. "In the past, this council made it quite clear that they believe a volunteer fire department can provide adequate fire protection for the city and to this I agree 100%. This is not just because I am the chief of the department, but because I believe any properly trained and equipped volunteer department can provide protection equal to that of a paid department. "At the present time, I feel we have a good department but to meet the city's growth and upcoming changes in fire service codes and standards we must become better. I "It is my conclusion that the first step to becoming a better department is to increase the city's awareness of it's department' abilities and requirements for it is the City Council that will have the final word. Fire protection is what I call a "now you see it, now you don't" service. In many communities, the only time you see or hear from a fire fighter is at a fire call or a budget hearing when he or she complains that the city just doesn't understand why the department needed that extra money they didn't get. "I am determined to see this change. I I I 181 January 19, 1995 "I am here tonight to ask that the council consider either holding a series of special council meetings or forming a special advisory committee to sit down with members of the fire department to discuss present and future neds and abilities in all areas of the department and.to develop a plan for the department's future growth. "I believe this increased awareness will promote a better relationship between the city and the fire department and in the end provide a better service to the citizens of the city." The Fire Department's request is not for more money. The request is to develop a better understanding of the responsibilities of the Fire Department and the City Council. The Council needs to understand the Fire Department's requirements and abilities. The Department needs to understand the problems the City Council have in making decisions. The lines of communication need to be improved. The Council was of the opinion that it would be best for the firemen to have direct communication with the City Council rather than through an advisory committee. An advisory committee would put the firemen farther away from the City Council. Fire Chief Smith was asked to work up an agenda and submit some meeting plans. The Fire Department holds a key position in our community. A Notice of Tort Claim was received on January 17, 1995, against the State of Idaho, Idaho Department of Transportation, Bonneville County, City of Ammon, John Does I-X. The claimant is specified as "Robert Bacon, whose address at the time of filing this claim and for a period of time in excess of six months prior to the date on which this claim arose was and is 400 Tiebreaker, Idaho Falls, Idaho 83406, by and through his attorneys Beck and Guthrie. Chartered, 2539 Channing Way, Suite 320, Idaho Falls, Idaho 83404, (208) 524-2664." The claim is for "injuries as a result of one vehicle automobile accident on July 23, 1994, in vehicle driven by Robert Bacon." Reports: Public Works Director Wadsworth reported on the new trucks. The garbage packer has been transferred to the 1995 GMC chassis. The old truck is waiting in Boise for the sander, snow plow, and dump body. The new truck experienced some problems coming from Boise, and it is in Pocatello for correction. The trackless has been delivered, but some of the attachments will not be delivered until next week. Park maintenance was discussed. Fire Chief Smith discussed some fire engine problems. David Wadsworth agreed to work with Hirning Pontiac of Pocatello to have a serviceman come correct the problem. A new training program has commenced. Chief Smith and Fire Marshal Farrow explained the training program. The State of Idaho has adopted the 1994 Uniform Fire Code. There are a number of modifications to be considered which will necessitate update of the City of Ammon ordinances. The Council reviewed the City Building architectural drawings being prepared by NB Architects. Input is important at this time because details of the plan will be ready for finalization within a short time. Claims were approved. Councilman Loveland moved to adjourn the meeting, and the motion was seconded by Councilman Maeser. The meeting was adjourned at 10:15 P.M. MAyc;:>g ATTEST .." '(l /] /~~ F. ~/'~/~ CITY CLERK p'-' ~- j