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Council Minutes 9/12/2006 (182) I I I 246 September 21, 1995 CITY OF AMMON September 21, 1995 Minutes of the Regular Meeting of the Mayor and City Council: The meeting was called to order by Council President Greg J. Maeser at 7:35 P.M. at the City Building, 3270 Molen Street, Ammon, Idaho, with the following City Officials present: Mayor C. Bruce Ard Councilman Ira K. Hall Councilman Steven J. Loveland Councilman Greg J. Maeser City Clerk Aleen C. Jensen Attorney W. Joe Anderson Engineer David E. Benton Public Works Director David Fire Marshal Robert Farrow Wadsworth Others Present: Ron and Trina Bird, 1830 Curlew Drive, Ammon Sherry Bohn, 2085 Midway Avenue, Ammon Keith Austin, 3485 Rich Lane, Ammon Eric Davis, Cantlon Properties/Ammon Town Center Richard "Dick" Dare, Mountain River Engineering Steve Ryan and Son, ECSI Executone Lynne (Mother) and Devin (Boy Scout) Thompson, 700 Matchpoint Drive, Ammon Steven Williams, Boy Scout Val Loveland, 3325 Rawson Street, Ammon Absent: Councilman Harvey Crandall Mayor C. Bruce Ard was absent during part of the meeting because he was attending a Bonneville Power Administration field hearing in the Idaho Falls City Council Chambers at the City Electric Division Building, 140 South Capital, Idaho Falls, Idaho. The purpose of the hearing was for public comment to BPA about their rate proposal. The Pledge of Allegiance to the Flag was directed by Councilman Loveland, and the invocation was offered by Council President Maeser. Trina Bird, 1830 Curlew, requested a home occupation permit to do business as Trina's Sewing and Alterations. She plans to supplement the family income by offering her service for whatever sewing needs people have. She has a small room in the basement of her home with a sewing machine and a serger. She engaged in this same type of home business when they lived in Moscow while her husband was attending college. She would welcome lots of patrons but she probably has only about one every other day. Traffic will be minimal. She has a small sign in the front yard about l' X 2'whichstands about two feet off the ground. She agreed to comply with the requirements of C.C. ll-5-27H and to maintain the residential character of the neighborhood. Councilman Loveland moved to approve a home occupation permit for Trina Bird, 1830 Curlew Drive, dba Trina's Sewing and Alterations. The motion was seconded by Councilman Hall. Roll call vote: Loveland - Yes; Hall - Yes; Maeser - Yes. The motion carried. Steve Ryan of ECSI Executone discussed the telephone system for the new City Building. The original City Building bid specifications included an elaborate telephone/sound system, but it was completely eliminated from the specifications when the building was rebid. The projected costs of the system overwhelmed the City Council. Mr. Ryan asked the Council to decide what direction they want to go in regard to phones, and he volunteered to help with any information they need. Councilman Hall asked what was wrong with original specifications to make a system so costly. It was explained that the original specifications called for T1 capability. The T1 capability provides a 24 line system when all City of Ammon really needs is a three or four line system. In other words, T1 capability takes Ammon out of a small town phone system and puts us in a big city phone system. There are lots of avenues to follow to obtain a system to do a good job without excessive costs. The Merlin system now in use could be moved to the new location, but the system is old. The City could opt to go with regular lines into the building and eliminate a phone system. The sound system will probably be put on hold until a later time. The Council was asked to think through the information discussed. Keith Austin, 3485 Rich Lane, pointed out health problems of himself and his wife. He asked the City for help in keeping the access to his property open from the snow. He is unable to handle all the snow pushed up against his property by the snow plow. Councilman Maeser asked Mr. Austin what he had in mind. He suggested the snow be plowed more toward the center of the road away from his property. Public Works Director Wadsworth explained it has been very difficult to snow plow Rich Lane because of all the vehicles parked in the street. No solution was arrived at, but Mr. Austin stated he has to have help. The Council recognized the problem and agree to take the matter under advisement. 247 September 21, 1995 Councilman Hall moved to approve the minutes of City Council Meeting held 17, 1995. The motion was seconded by Councilman Lovland. Roll call vote: Yes; Loveland - Yes; Maeser - Yes. The motion carried. August Hall - Councilman Hall asked questions about the current status of items of business considered at the August 17th meeting. No solution has been reached about the speed limit on East First Street near the Fox Hollow/Tie Breaker Elementary School crossing. Public Works Director Wadsworth has been trying to decide with Bonneville County what is best to do. According to a tally taken, ten students walk across the street. In the original Ammon townsite the traffic signs are still in place as proposed. Councilman Loveland moved to approve the minutes of City Council Meeting held September 7, 1995. The motion was seconded by Councilman Hall. Roll call vote: Loveland - Yes; Hall - Yes; Maeser - Yes. The motion carried. Attorney Anderson reported on the problem with a clear view of the intersecting street at Circle S Drive and Midway Avenue. A letter of response from G. Lance Nalder, attorney for Gene and Linda Killian, was received and it was summarized for the Council. The Killians have accepted the proposition that the City move the fence back to the property line, and they would like some assurance that the City will honor the previous variance. The letter reads, " . . . they would request confirmation from the City that the fence will be now placed at the property line and the prior variance will not be affected or invalidated in any respect because of the moving of the fence. In other words, the Killians want to insure that another mayor and/or city council does not, in subsequent years, decide the Killians' s acquiescence in moving the fence back to the property line invalidates the variance, and they further desire to avoid future controversy as to the proper location of the fence on their property." Attorney Anderson explained the City Council can not meet these conditions because they can not control what another Mayor and/or City Council is going to do, but the present Council can state they confirm the 'variance at the new location as far as height is concerned. I The City of Ammon will provide the labor to move the fence, and the City employees will exercise care to maintain the present condition. "Additional materials may be required in order to accomplish the move of the fence, and Mr. and Mrs. Killian I are willing to assume a reasonable expense in this regard." Public Works Director David Wadsworth is the contact person for Killians to communicate with regarding details of the move. Councilman Hall moved to approve the agreement reached by the legal counsel for the Gene and Linda Killian property, 3225 Circle S Drive, to move the wooden fence back to the property line between the City and the Killian property and to maintain the variance for a six foot fence at that location. The motion was seconded by Councilman Loveland. Roll call vote: Hall - Yes; Loveland - Yes; Maeser - Yes. The motion carried. A copy of the letter from G. Lance Nalder to W. Joe Anderson dated September 15, 1995, is attached to these minutes. Larry Clark Construction requested a payment on the percent completed of the First Street waterline extension in the amount of $42,634.62 - Pay Estimate No.1. The claim for payment as requested was approved. Regarding other items of unfinished business, no action has been taken on the drainage problem on Midway Avenue by Quality Water. The street signing in the Ammon original townsite has been in place for about four weeks. It needs to be in place at least five weeks before residents get used to the changes. No solution has been worked out on the access to Well No.5 through Bryce Anderson's. New well plans are still incomplete. Val Loveland reported on the walking path project. The School District has poured concrete for a sidewalk extension from Avocet Drive along Targhee Street to where the park property begins. Utah Power has agreed to make some adjustments to eliminate the power pole which is now located in the middle of the sidewalk area. Plans lean toward placing the asphalt path on the east side of the evergreen trees along Williams Street. The School District will budget funds next year to help with asphalt, but they want a cost figure. Specifications are being worked out to obtain proposals for materials and labor to lay the asphalt. Engineer Benton stated the path between Hillview School and McCowin Park will be staked out half on school property and half on City property. Plans are to complete as much of the walking path this fall as funds will allow. Eric Davis of Cantlon Properties and Richard "Dick" Dare of Mountain River Engineering presented the First Amended Plat of Ammon Town Center Division No.1, being a replat of Lots 6-A, 6-B, 7-A, 8, 9 and 10, Block 1, Ammon Town Center, Division No.1, City of Ammon, Bonneville County, Idaho. I I I I 248 September 21, 1995 The First Amended Plat proposes a change of the Phase II parcels to match the changes to the site plan to accommodate a Target Store. The amendment involves vacating a canal easement, relocation of the settling pond/catch basin, and elimination of Cantlon's involvement with East 25th Street. On the Ammon Town Center Division No. 1 plat recorded January 18, 1995, an old canal easement is shown. Idaho Irrigation and Flood Control District No. 1 have been contacted regarding the easement. Both entities have no concern for the old easement as long as they can have access to the canal, and they have agreed to submit letters to this effect. The Council considered various procedures to disclaim the easement. The City needs to approve trade of Parcel 7-A, 0.74 acre,on the Division No.1 Plat for Parcel 14, 0.88 acre,on the First Amended Plat. This is the area designated for the drain field. When the amendment was first proposed, Engineer Benton recommended a volume calculation prior to approving a trade. However, an agreement already entered into validated trading. Neither of the two plans provide for a volume calculation, but the City should be able to obtain the necessary volume with the larger parcel. Location of the pumps was discussed. Eric Davis and Engineer Benton explained the plans to extend the pipes. A pressure line and a gravity line will be installed to meet the needs. Plans are to utilize the canal until EPA requires otherwise and then the pipes will carry drainage to the basin area. Cantlon is desirous of finalizing the system as they develop. Attorney Anderson was authorized to amend the development agreement. The Division No. 1 plat shows a dedication for East 25th Street. The Amended Plat changes the lot line by East 25th Street, but it does not eliminate the dedication. Eric Davis discussed the history of Cantlon's involvement with East 25th Street. Cantlon will no longer have to address East 25th Street development. Public Works Director Wadsworth expressed concern that trading parcels will make City of Ammon responsible for Hitt Road and East 25th Street. Cantlon protects the City of Ammon by putting in Hitt Road now so there is little or no exposure. East 25th Street is another concern. Development of East 25th Street indicates a major project and involves property to the south. Eric Davis explained the City of Ammon is in position for control of what goes in the area and who gets the cost exposure for East 25th Street. He suggested that Ammon should hold a tough line if and when development is proposed. The City Council reviewed the amendments involved. On September 19, 1995, the Planning and Zoning Commission recommended approval of the amended plat for Ammon Town Center. Councilman Hall moved to approve the First Amended Plat of Ammon Town Center, Division No.1, being a replat of Lots 6-A, 6-B, 7-A, 8, 9 and 10, Block 1, Ammon Town Center, Division No.1, City of Ammon, Bonneville County, Idaho, subject to an acceptable development agreement. The motion was seconded by Councilman Maeser. Roll call vote: Hall - Yes; Maeser - Yes; Loveland - Yes. The motion carried. Councilman Maeser reported on the Urban Renewal Agency bond closing in Boise for the Ammon Town Center. He brought back the deeds which deeded the canal bottoms from Cantlon Properties to the City of Ammon. These are to be taken to Lane Archibald of the title company for checking and to be recorded. Eric Davis expressed thanks for the support City of Ammon has Town Center project for approvals and working out the details. record shows Cantlon Properties appreciation. given for the Ammon He asked that the U. S. West Communications requested the City of Ammon sign the right-of-way agreement for them to place buried cable across East First Street to The Montessori Place. . Engineer Benton explained City of Ammon does not own the First Street right-of-way, so we do not have authority to sign such an agreement. The telephone company needs to take their agreement to Bonneville County. Ammon's concern is that they do not lay their line directly over the waterline. Mayor Ard reported on the Bonneville Power Administration hearing. He stated his concern to be that City of Ammon residents would lose BPA credits and the rates on pumping water, street lights, etc. would be affected. Idaho Falls, REA, and others are publicly owned and considered to be preferred customers and they would benefit by the proposed rate change. Utah Power is privately owned so their customers are not considered preferred. The river water is owned by all people and not a select group. Everyone should benefit not just a few groups. Another concern is BPA has negotiated big contractsat low rates with some big companies who are not considered to be preferred customers. BPA is supposed to be a non-profit organization. Mayor Ard advised they will accept written comments, and it was suggest that City of Ammon submit a resolution on the position of the City. Congressman Michael Crapo will conduct a hearing concerning BPA's rate proposal on Saturday at 8:30 A.M. in the Court House. 249 September 21, 1995 Reports: Public Works Director Wadsworth reported some of the trees in the City have been trimmed to provide better view at intersections. Fire Marshal Farrow reported the Fire Department has completed one week end of First Responder Training, and another week end is scheduled. Councilman Maeser has received calls about construction equipment parked on the street near the Tie Breaker subdivision entrance. Their concern is about all the construction equipment in a residential area. It was agreed to send a warning letter. City Clerk Jensen discussed what to do about the new coupon books since the city office will move to their new building around the first of the year. Claims were approved. The Montesorri Place should be considered as a commercial business and apply for a business license. Attention was called to the announcement that Bonneville County is considering the adoption of a curfew ordinance. They have requested public input. It was suggested that if they adopt a curfew that Ammon could possibly be covered under their ordinance. Councilman Loveland moved to adjourn the meeting, and the motion was seconded by Councilman Hall. The meeting was adjourned at 9:20 P.M. ~ ATTEST f) UL-eA!-,J (! Jj~-;~~J CITY CLERK ;::: I I I