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Council Minutes 9/12/2006 (198) I I I Book 7-241 October 19, 1989 November 2, 1989 Creekside Apartments and one is Aspen Lane. They presented problems last winter and they are scheduled for gravel and grading as soon as H-K can help us. Councilman Maeser agreed to follow up on the 1990 FY Law Enforcement Contract with Bonneville County. He also agreed to work with Attorney Anderson to expedite completion of the Mutual Aid Agreement with the City of Dcon, the Building Inspection Joint Powers Agreement, and revisions to Ordinance No. 191. The Fire Department's morale is looking better. Stein-McMurray will present their insurance proposal on Tuesday, October 24, 1989, at 7:00 P.M. Mayor Ard reported he had checked out the problem of cars running into Clifford Judy's fence at 3070 Sunnyside Road. There does not seem to be an answer to the problem. The City does not want to assume the liability of a barricade. The school should be notified to install meters at Tie Breaker School and South Bonneville Junior High. A request should be mailed to Progressive Irrigation asking them to fence or do something to eliminate the hazard of the irrigation hole by Ammon Speedi Mart. Mel Brown has sent a letter to the Mayor offering to sell a small piece (1.41 acres) of property adjacent to and behind Well No. Seven. He offered to sell it for $16,000 but said he would accept a reasonable offer. Engineer Benton estimated the property might appraise at $5,000. L. Kent and Wendy Wood, 3545 Samuel Street, filed a claim against the City for damage to their pickup. When the garbage truck was dumping at the landfill, garbage hit the Wood's truck and caused damage. Woods obtained two estimates for repair. It was determined the claim was valid. Councilman Browning moved to authorize the Mayor to pay the claim for the lesser estimate of $181. 69 to L. Kent and Wendy Wood. The motion was seconded by Councilman Crandall. Voting was unanimous in favor. The motion carried. Councilman Browning moved to adj ourn the meeting. The motion Councilman Maeser. The meeting was adj~~ a-LLL rJ C?Q~-~-r-" CITY CLERK # was seconded by ATTEST CITY OF AMMON November 2, 1989 Minutes of the Public Hearing and Regular Meeting of the Mayor and City Council: The meeting was called to order following City Officials present: Mayor C. Bruce Ard Councilman Michael B. Browning Councilman Harvey L. Crandall Councilman Greg J. Maeser at 7:30 P.M. by Mayor C. Bruce Ard with the Attorney W. Joe Anderson Engineer David E. Benton Acting Public Wks. Dir. David Wadsworth City Clerk Aleen C. Jensen Others present were: Rick and Peggy Attebury, 1970 Cabellaro Drive, Ammon Edward and Elaine Freitas, 2500 Ross Avenue, Ammon Virginia L. Whiteley, 3200 Midway, Ammon Ted V. Wood, 2650 Coronado Circle, Idaho Falls M. B. "Buck" and Rita Hiller, 2525 Fieldstream, Idaho Falls Mike and Alice Brown, 2847 Westmoreland Drive, Idaho Falls Harmon Groesbeck, 2205 Bittern Drive, Ammon Linda and David (Scout) Cleverly, 2030 Teton, Ammon Mike Gessel (Scout), 1807 Kearney Street, Idaho Falls Elaine, Rylan (Scout) and Jeron (Scout) Ricks, 2742 East 97 North, Idaho Falls Paul and Melinda Roth, 2800 Ross Avenue, Ammon Fire Chief Cal and Debbie Smith and Rion Kamana, 1960 Curlew, Ammon Wade Williams (Scout), 2005 Midway Avenue, Ammon The pledge of allegiance to the flag was directed by Councilman Maeser, and the invocation was offered by Councilman Browning. Mayor Ard opened the Public Hearing on the request of M. B. "Buck" Hiller, Ted V. Wood, Craig Z. and Karren Ann Hall for a rezone of Lot 10 of Block 3 and Lot 22 of Block 2 of the Westwood Addition Division No. 1 trom the 1n1t1al zon1ng of RSC-l to C-l. Ted V. Wood was sworn in to present test1mony. Mr. WOOd, one 242 November 2, 1989 of the property owners, oriented the Council on the location of the property and presented background information. A detailed written report of this information is on file in the City Office with the Findings and Order pertaining to this request. Hiller and Wood have owned Lots 10 and 22 since 1977. During this time they have tried to market the property without further subdivision but have been unsuccessful. In July, 1989, they sold the East 150 feet of Lot 22 which fronts on both East Seventeenth Street and Ammon Road to Craig Z. and Karren Ann Hall. The Hall's intent was to build a convenience store and gas station, but the present zoning would not permit such individual development. Therefore, the three property owners have requested a zone change. The reasons stated for requesting the change are: (1) The initial zoning of Lot 10 and Lot 22 as RSC- 1 was erroneous because the property does not fall within the general objectives and characteristics of the RSC-l zone, the lots do not fall within the width requirement of the zone, and they are situated a distance less than one mile from other zones in which business is permitted. (2) The general objectives and characteristics of the C-l zone are consistent and compatible with the intended use and with the zoning of adj acent property. (3) It is in the best interest of the City of Ammon to change the initial zoning because it will not cha~ge the anticipated use and it will promote the economic interests. Councilman Maeser asked what the development plans were? Answer: Halls plan a convenience store/gas station on their portion, and they intend to maintain it in a well- kept, appealing manner. There are no plans for the part owned by Hiller and Wood. Engineer Benton pointed out RSC-l requires single ownership, and C-l would allow individual ownership. The RSC-l provides for a master plan of development which would control accesses. Response from Wood indicated that the size of the property would not accommodate division into very many lots which should automatically eliminate the access problem. Councilman Crandall commented the initial zoning to RSC-l was to exercise control, but the change now is in keeping with the surrounding property. Richard Attebury expressed concern about the traffic impact on the Westwood Addition with the Cabellaro exit on East 17th Street and the southerly exit on to Ammon Road. Response: No traffic studies have been completed but the major traffic would be on East 17th Street and Ammon Road and no great impact is anticipated. Mayor Ard closed the Public Hearing. Councilman Maeser moved to approve the request for rezone of the Hall's, Hiller's and Wood's property from RSC-l to C-l as recommended by the Planning and Zoning Commission and presented to the Council with provision for a 15 foot landscaped buffer along the southern boundary. The legal description is Lot 10 of Block 3 and Lot 22 of Block 2 of the Westwood Addition Division No. 1 to the City of Ammon. The motion was seconded by Councilman Crandall. Roll call vote: Maeser- Yes; Crandall - Yes; Browning - Yes. The motion carried unanimously. Councilman October 5, call vote: unanimously. Browning moved to approve the minutes of the City Council Meeting held 1989, as written. The motion was seconded by Councilman Maeser. Roll Browning - Yes; Maeser - Yes; Crandall - Yes. The motion carried Councilman Browning moved to approve the minutes of the City Council Meeting held October 19, 1989, as written. The motion was seconded by Councilman Maeser. Roll call vote: Browning - Yes; Maeser - Yes; Crandall - Yes. The motion carried unanimously. The revision to the Flood Plain Ordinance was not ready for action. Attorney Anderson recommended that the Joint Powers Agreement establishing a building inspection program between Ammon and Bonneville County be considered in a work session of the City Council. The Council scheduled such a work session during the Special Meeting on Thursday, November 9, 1989, following the official canvass of the municipal election. I I Councilman Browning moved to approve the Mutual Aid Agreement for Fire Protection between the City of Ammon and the City of Dcon and to authorize the Mayor to sign I it. The motion was seconded by Councilman Maeser. Roll call vote: Browning- Yes; Maeser - Yes; Crandall - Yes. The motion carried unanimously. Community and Rural Transportation (C.A.R.T.) has been working on an agreement to restructure their program from rural to urban authority in anticipation of serving over 50,000 population. They have requested input from the areas involved. Attorney Anderson reported that he had discussed the agreement with legal counsel for the City of Idaho Falls. The name would be changed to Idaho Falls Regional Public Transit Authority. Legal counsel for both Idaho Falls and Ammon question whether the agreement delegates too much authority belonging to the City elected officials and whether such authority can be properly and lawfully delegated. Dale Storer, City Attorney for Idaho Falls, has drafted correspondence to C.A.R.T. to call attention to this problem. Attorney Anderson recommended that Ammon hold off on input to see what develops. I I I Book 7-243 November 2, 1989 Councilman Crandall moved to accept the quote of $17,234 for the annual premium to continue the City's liability insurance coverage with the present carrier through Jepsen, Moreton & Company. The motion was seconded by Councilman Browning. Roll call vote: Crandall - Yes; Browning - Yes; Maeser - Yes. The motion carried unanimously. Reports: Fire Chief Cal Smith stated he plans to contact Shelley and Jefferson Central Fire Departments to try to negotiate Mutual Aid Agreements with them similar to the one with City of Ucon. The department has responded to four fire calls during the month. Also, the department assisted with a pulp spill on Sunnyside Road and on Ammon-Lincoln Road. It is up to Acting Public Works Director David Wadsworth whether or not any charge is made to Idaho Supreme for the cleanup. The budget is o.k.; some radio repairs are needed; and the pump on Engine No. 2 is leaking. Attorney Anderson discussed a request of Idaho Title and Trust Company for a partial reconveyance of property included in a deed of trust signed by Poole Soft Water and Refrigeration to the City of Ammon to secure an L.I.D. assessment. The deed of trust covers an overlapping of property owned by G.H.G. Investments. In order for G.H.G. to sell their property and guarantee clear title, the City of Ammon needs to complete the partial reconveyance. The L. I. D. assessment is adequately secured. Councilman Browning moved to authorize the Mayor to sign the Request for Partial Reconveyance. The motion was seconded by Councilman Maeser. Roll call vote: Browning - Yes; Maeser - Yes; Crandall - Yes. The motion carried unanimously. Engineer Benton reported on the Ammon Road Project, and the preliminary work he has completed on right-of-way acquisition. Using a series of property ownership, aerial photo, and topographical maps he pointed out the proposed right-of-way. The City needs to become involved in public relations to educate the people and let them know how their property is affected. It was recommended that the right- of-way be marked so people would know exactly where the road is proposed. Six engineering firms responded to the Letters of Interest mailed to them in March 1989. Engineer Benton agreed to prepare letters and data to be mailed to these firms requesting technical proposals and setting up interviews. Interviews were scheduled to be conducted by the City Council acting as the Consultant Selection Committee on Thursday, November 30, 1989. Acting Public Works Director David Wadsworth reported on well problems. He was instructed to obtain costs to repair the 75 hp motor at Well No.6. A resident has requested the City to install a yield or stop sign to indicate who has the right-of-way where Targhee Street and Southwick Lane intersect going West past the swimming pool, going North from Hillview School, and coming East on Targhee Street from Avocet Drive. Teton Plaza Mobile Home Park frequently requests the City to turn off the main water line so they can make repairs because there are no valves to turn off individual trailers. It is questionable whether or not they should be charged for these turn off/turn on requests. It was determined the City should control the key, but a qualified and responsible repairman could borrow the key to turn off and on. Councilman Browning reported on the paving project awarded to Beco Construction. H-K Construction tried to pave in front of the City Building, but the ground was frozen. They will continue to try to complete the job. Councilman Maeser inquired about the status of a golf course for the North side of East 17th Street. Mayor Ard has someone willing to develop and operate a golf course provided the City can acquire the property. Scheduled events were discussed as follows: November 7 - 12:00 Noon to 8:00 P.M. - General Municipal Election at the Ammon Elementary School 7:00 P.M. - Proof of the Election Run at the Election Center 7:00 P.M. - Canvass of Election 6:30 P.M. - AIC Legislative Dinner Meeting at the Stardust Restaurant 8:30 A.M. to 4:30 P.M. - AIC Academy for City Officials, Quality Inn, Pocatello, Idaho November 9 - November 13 November 15 Additional information has requirements were discussed. this program so we comply if been received on underground The City should be aware of and when necessary. storage tanks. The the developments in Engineer Benton explained that the City of Ammon should follow the method of tapping the sewer developed by the City of Idaho Falls since they are responsible for operation and maintenance of our sewer lines. 244 November 2, 1989 November 9, 1989 Two proposals have been obtained for purchase of a steam c1eaner--one from Landa and one from Hotsy. It is important to maintain our equipment properly, and the City needs to consider obtaining a steam cleaner for shop use. Purchase of the cleaner for Landa was authorized. Specifications are being put together for purchase of a pick-up to be used for Public Works and snow plowing. Claims were approved. Councilman Browning moved that the meeting be adjourned. The motion was seconded by Councilman Maeser. The meeting was adjourned at 9:25 P.M. MA~) I ATTEST aL~J(1 ,~ CITY CLERK t7 CITY OF AMMON November 9, 1989 Minutes of the Special Meeting of the Mayor and City Council: The meeting was called to order following City Officials present: Mayor C. Bruce Ard Councilman Michael B. Browning Councilman Harvey L. Crandall Councilman Greg J. Maeser at 7:40 P.M. by Mayor C. Bruce Ard with the Attorney W. Joe Anderson Engineer David E. Benton Acting Public Wks. Dir. David Wadsworth City Clerk Aleen C. Jensen Others present were: Ellen Hunter Bingham, Bonneville County Election Office Bobbie Burton, Bonneville County Election Office David Boyle (Scout), 3750 Marlene, Ammon Ben Johnson (Scout), 540 Matchpoint Drive, Ammon Mark (Scout) and Amy Smith I Mayor Ard announced the main purpose of the Special Meeting was to canvass the votes cast in the City of Ammon General Election held Tuesday, November 7, 1989. Ellen Hunter Bingham of the Bonneville County Election Office demonstrated how write-in votes are tallied, answered questions, and explained details and requirements of conducting an election with joint City/County registration. The Mayor and City Council examined the canvass audit spread sheet, the poll books, write-in number logs, and other election materials. Councilman Crandall moved to accept the election tallies of the City of Ammon General Election held November 7, 1989, as presented on the spread sheet and summarized as follows: Number voting: 1031 41.6% Number registered: 2481 Mayor: Hayse L. Whiteley 80 Votes Bruce Ard 437 Votes Jerry Mitchell 248 Votes Harmon J. Groesbeck 218 Votes Councilmen for Four Year Term: (Vote for Marvin J. Anderson 453 Votes Michael Browning 653 Votes Roger Stomme1 393 Votes Councilmen for Two Year Term: (Vote for Henry S. Crumb 280 Votes Harvey L. Crandall 496 Votes Barbara Ann Baker 217 Votes The motion was seconded by Councilman Browning. Browning - Yes; Maeser - Yes. The motion carried 8.1% 44.5% 25.2% 22.2% Two) 41.0% 59.0% (Write-In Candidate) One) 28.2% 49.9% 21. 9% Roll call vote: unanimously. Crandall - Yes; I Councilman Maeser moved, based upon the election results presented, to proclaim the City of Ammon General Election final and the following to be the official winners: Mayor: Bruce Ard Four Year Council seats: Michael Browning Marvin J. Anderson Two Year Council seat: Harvey L. Crandall 1________________