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Council Minutes 04/04/1991 I I I Book 7-333 March 21, 1991 April 04, 1991 VerI Terry has contacted the City Office to propose completing his project on Mason Street with move-on modular homes built by R-Homes of Pocatello with a four foot crawl space in place of a basement. The Council recognizes no problem as long as the requirements of both the zone and the Uniform Building Code are met. Planning and Zoning should give their opinion. Claims were approved. Councilman Crandall moved to adjourn the meeting. The motion was seconded by Councilman Maeser. The meeting was adjourned at 8:50 P.M. ._~. /) , /- ; , ,"7 ' (-~-"':/ .... MAYoIt-- ATTEST /'/ /' (// c~.e?J _ CITY CLERK ) \..,1 R..-j't_,)lA: ;!'l/ ~ r '- ,. CITY OF AMMON April 4, 1991 Minutes of the Regular Meeting of the Mayor and City Council: The meeting was called to order lowing City Officials present: Mayor C. Bruce Ard Councilman Marvin J. Anderson Councilman Harvey Crandall Councilman Ira K. Hall Councilman Greg J. Maeser at 7:30 P.M. by Mayor C. Bruce Ard with the fol- Attorney W. Joe Anderson Engineer David E. Benton Public Works Director David Wadsworth Fire Chief Cal Smith City Clerk Aleen C. Jensen Others present were: Joe, Nina, and Marie Dutton, 3375 Rich Lane, Ammon Mark Scrogham, 4353 Mason Street, Ammon Scott R. Wessel, 1880 Cabellaro Drive, Ammon Jonathan Lords (Scout) Richard and Chad (Scout) Van Orden Tyler Hopkins (Scout) Julie Strain, 3465 Senoma Circle, Ammon Sue Sorensen, 3776 Marlene, Ammon Brad H. Hall, 1895 Cabellaro Drive, Ammon Ivy Berry, 3740 Georgia Lane, Ammon Michael Nye,Utah Power, Shelley Office Stephen F. Freiburger, Forsgren Associates Winston R. "Dick" Dyer, Forsgren Associates Ed Wright, 2265 Dove Drive, Ammon The pledge of allegiance to the flag was directed by Councilman Maeser, and the invocation was offered by Councilman Crandall. The Scouts introduced themselves and explained their purpose for attending the meeting. Sue Sorensen, 3776 Marlene, requested renewal of her non-commercial kennel license for 1991. The Council requested Mrs. Sorensen to complete a new application to determine if there are operational changes and to verify approval of the property owners within 150 feet. Approval of the required property owners was obtained except for two, and no significant operation changes were noted. Sorensens breed Yorks ire Terriers for show dogs. In 1990, their top male placed No. 1 in the nation. At present they have nine adults and four puppies. Councilman Hall moved to approve the renewal of the non-commercial kennel license for Gordon and Sue Sorensen, 3776 Marlene Street. The motion was seconded by Councilman Crandall. Roll call vote: Hall - Yes; Crandall - Yes; Anderson - Yes; Maeser - Yes. The motion carried unanimously. Julie Strain, 3465 Senoma Circle, expressed concern about the large construction trucks using Westwood Addition for a turn around. Trucks from Ammon Road travel West on East Seventeenth Street, South on Cabellaro, and East on San Carlos back to Ammon Road. The trucks start early in the morning, they travel too fast for the residential area, and they scatter rocks along the streets. There are lots of children in the area, and the situation is very hazardous. Mrs. Strain asked if the City did not have an ordinance to prohibit such use of the streets. She was advised there is no prohibiting ordinance especially to cover temporary periods of construction. However, the City Council agreed to work with the contractors to promote safety. 334 April 4, 1991 Brad Hall was spokesman for Ammon's Western Boys' Baseball, Girls' Softball, and the Knothole Baseball programs to request the City to put forth effort to get the six ball diamonds in playable position for the coming season. Various team leaders discussed with the Council about the needs of ball diamonds, funding, manpower, and timing. Councilman Anderson and Public Works Director Wadsworth agreed to meet with representatives from each of the groups at McCowin Park at twelve noon on Friday, April 5, to assess the needs of each diamond. Councilman Maeser moved to approve the minutes of City Council Meeting held March 21, 1991, as written. The motion was seconded by Councilman Crandall. Roll call vote: Maeser - Yes; Crandall - Yes; Anderson - Yes; Hall - Yes. The motion carried unanimously. Mayor Ard recommended to the Council that Dixie Cutforth be appointed to the I Planning and Zoning Commission for a three year term to expire February 28, 1994. Councilman Crandall moved to accept the recommendation of Mayor Ard to appoint Dixie Curforth to the Planning and Zoning Commission. The motion was seconded by Councilman Maeser. Roll call vote: Crandall - Yes; Maeser - Yes; Hall - Yes; Anderson - Yes. The motion carried unanimously. Michael Nye of Utah Power proposed entering into a new franchise agreement. The present agreement does not expire until September 1994, but Utah Power has a policy to plan five years in advance and the date of renewal falls in that time frame. The proposed agreement is similar to the present one and covers a period of 25 years. As soon as a new agreement is signed, the old one becomes null and void and the 25 years starts immediately. The proposed agreement has been reviewed with the City's legal counsel, and he recommended verbage changes stating the location of all poles, towers, and conduits shall be fixed under the supervision of the City Council. Also, Attorney Anderson asked the Council to consider whether of not to institute a franchise tax. A franchise tax would be a source of revenue for the City, but the tax is passed on to the consumer. The Council was opposed to imposing a franchise tax at this time, but they determined the agreement should include provisions to enable the City to add a franchise tax at some later date. The Council agreed to proceed to enter into a new franchise agreement with Utah Power. The revisions recommended will be incorporated into the agreement, and as soon as both parties approve the final draft, hearing procedures will commence. Regarding the agreement to purchase the street lights from Utah Power, Attorney I Anderson had some question about maintenance. Michael Nye provided a rate schedule 12 with full maintenance to be added to the agreement. Councilman Crandall moved to authorize Mayor Ard to enter into the street light purchase contract pursuant to the form and content submitted to Attorney Anderson. The motion was seconded by Councilman Maeser. Roll call vote: Crandall - Yes; Maeser - Yes; Hall - Yes; Anderson - Yes. The motion carried unanimously. Winston R. "Dick" Dyer and Stephen F. Freiburger represented Forsgren Associates to discuss the Ammon Road Proj ect. "Dick" Dyer reviewed the following progress report: Hearing held, written comments received. Input and comments evaluated. Design Study Report prepared and submitted. Includes Responsive Summary on input and comments. No input received that requires change in design concept. Environmental reports approved. All soils reports approved. Utility Plans 75% complete. I Right-of-Way Plans 90% complete. Final design 75% complete. Required changes identified in final design: 54" pipe reduced to 48" (saves $27,000). Using alfalfa valves instead of irrigation boxes (saves about $9,000). Reduced storm drain from 24" to 18" for ~ mile. Need to relocate some phone, gas, and about 1,500 ft. of City waterline. Critical path items. Right-of-Way Plans submitted. Right-of-Way and eas~ment work initiated. Need approval for lowering waterline and decision on water/sewer extension south of Sunnyside. I I I Book 7-335 April 4, 1991 Councilman Crandall moved to extend the water and sewer line along AWllon Road 400 feet south of Sunnyside Road at City expense to be recouped by anyone who hooks on to the system at a cost determined by ordinance. The motion 'llaS seconded by Councilman Hall. Roll call vote: Crandall - Yes; Hall - Yes; Maeser - Yes; Ander- son - Yes. The motion carried unanimously. The representatives of Forsgren Associates discussed right-of-way acquisition with the Council and outlined the following procedures: Needs - Conduct acquisition in strict accordance with Federal and State Standards. Acquire R/W where necessary for project construction (see plans). Obtain "Quit Claim" Deeds for other properties where R/W has been established but not formally deeded. Complete all requirements of R/W work by September 1. Proposal Consultant prepares all required descriptions, deed forms, and instruments of conveyance. City obtains "Quit Claims" and Construction Easements. Consultant assembles R/W acquisition team (appraiser, review appraiser, negotiator, relocation agent, and attorney) and conducts acquisition work on behalf of City for those parcels requiring purchase. Standards Federal "Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970" ensures uniform and equitable treatment of persons and businesses displaced as a result of a federally assisted project. Idaho Transportation Department "Right-of-Way Manual" setting forth state policies and procedures in view of the overall Federal requirements. Quit Claim Procedure Obtain evidence of title. Prepare deed instrument including description. Personally contact owner to explain what is being done and to obtain signature. Record deeds in courthouse. Construction Easement Procedure Consultant prepares form. City obtains signatures from all owners. Acquisition Procedure Obtain evidence of title. Submit R/W Plans and obtain FHwA approval. Prepare R/W deeds and documentation. Attorney review. Send preliminary acquisition notice and R/W brochure to owner. Have property appraised by approved appraiser. Invite owner to accompany appraiser on site visit. Have appraisal reviewed by Idaho Transportation Department. Determine just compensation and obtain approval from Idaho Transportation Department. Make written offer to owner through approved negotiator. Review additional discussion or information from owner. 336 April 4, 1991 Revise offer if required. Make final written offer. Document everything to file: appraisal, deeds, agreements, title evidence, notices, written offer, negotiation history, evidence of payment, etc. Provide relocation assistance as necessary (none anticipated). Methods of approach were considered, and Attorney Anderson recommended that right- of-way acquisition be taken in steps. The Council instructed Forsgren Associates to begin the preparation of required descriptions and selection of a title company and appraiser. Reports: Public Works Director David Wadsworth reported construction activity is in full swing for K-Mart and the new High School. Bateman-Hall has donated topsoil to the City from the K-Mart project. The Council authorized giving Phil Hentschel the discarded sander bed located by Well No.7. Hentschel has agreed to sweep the City streets for the same price as last year. Wadsworth agreed to send the City crew to cleanup the construction rocks scattered in Westwood. I Councilman Maeser introduced the third reading of Ordinance No. 219, AN ORDINANCE REPEALING IN ITS ENTIRETY CHAPTER 2 OF TITLE 7 OF THE CODIFIED ORDINANCES OF THE CITY OF AMMON; RE-ENACTING CHAPTER 2 OF TITLE 7 OF THE CODIFIED ORDINANCES OF THE CITY OF AMMON; ADOPTING THE UNIFORM FIRE CODE OF 1988 AND ALL ACTS AMENDATORY OR SUPPLEMENTARY THERETO; ESTABLISHMENT OF A FIRE PREVENTION BUREAU; DEFINING DUTIES OF A FIRE PREVENTION BUREAU; PROVIDING DEFINITIONS FOR TERMS USED IN THE ORDINANCE; ESTABLISHMENT OF LIMITS OF STORAGE OF FLAMMABLE OR COMBUSTIBLE LIQUIDS AND OF LIQUIFIED PETROLEUM GASSES AND OF STORAGE OF EXPLOSIVE AND BLASTING AGENTS; PROVIDING FOR AMENDMENTS IN THE UNIFORMFIRE CODE; PROVIDING FOR DELETIONS FROM THE UNIFORM FIRE CODE TO THE APPLICABILITY TO THE CITY OF AMMON; PROVIDING FOR PERMITS FOR CERTAIN ACTIVITIES WITHIN THE CITY OF AMMON; PROVIDING FOR APPEALS FROM THE DECISION OF THE FIRE CHIEF; PROVIDING THAT VIOLATIONS OF THE ORDINANCE SHALL BE A MISDEMEANOR AND PROVIDING FOR PENALTIES THERFOR; AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Maeser moved to adopt Ordinance No. 219 as an ordinance for the City of Ammon on its third and final reading. The motion was seconded by Councilman Crandall. Roll call vote: Maeser - Yes; Crandall - Yes; Anderson - Yes; Hall - Yes. The motion carried unanimously. Attorney Anderson reported on unfinished business. Richard Skidmore's attorney has been contacted about resolving the fire suppression system violation. Dave Kingston has agreed to sign the new development agreement for Mini Warehouse III. I Fire Chief Cal Smith reported the used fire truck proposed for purchase by the Fire Department did not meet the pump test. American Firetrucks and Equipment has been rebuilding the pump to recertify it, and they have declared that the old purchase agreement is null and void. They want to submit a new purchase agreement to City of Ammon at an increase in price. The Council decided to wait to see if the truck will pass the pump test before making any decisions. Permission was granted for the Fire Department to sell a section of surplus 2 ~" fire hose. The hose has outlived its usefulness for fire fighting purposes, but H K Contractors is interested in it for construction work. The department has responded to a number of fire calls lately. A fire call where grease was left heating unattended has prompted them to get fire prevention information out to the citizens. Councilman Anderson inquired about whether or not quotes had been obtained to sand blast the swimming pool, but that project will probably be delayed for another year. The gun in Lion's Park is ready for painting when the weather warms. Councilman Maeser suggested giving thought to the budget for legal counsel during the 1992 fiscal year. The City is responsible for prosecuting misdemeanors. K- I Mart has a unique shoplifting program, and the City is looking at an increase in legal costs when K-Mart opens their new store in Ammon. Attorney Anderson discussed legal procedures, and he agreed consideration should be given to prepare for possible increase in activity. Scott Hall is willing to continue to assist the City with such legal matters. Building permit fees for K-Mart were discussed. The bid amount was accepted as the building valuation figure to compute the fees. Bateman-Hall, successful bidder, questioned the $12,288 fee for an 8" water connection fee. They paid for the water connection fee, but the contractor asked the Council to consider reducing the fee. Fee schedules were discussed. Councilman Crandall moved to accept the fee as computed for K-Mart including $12,288 for the 8" water connection. The motion was seconded by Councilman Maeser. Roll call vote: Crandall - Yes; Maeser - Yes; Anderson - Yes; Hall - Yes. The motion carried unanimously. I I I I Book 7-337 April 4, 1991 April 18, 1991 Lawnmower prices have been collected. There are two good choices--Walker at $6,550 and John Deere at $4000. Features of both mowers were discussed. Public Works Director Wadsworth was authorized to try them out and choose which one he deemed best for the City. Another piece of equipment under consideration is a weed sprayer. Claims were approved. Councilman Crandall moved to Councilman Hall. The meeting adj ourn the meeting, and the motion was adjourned at~~:l'OQ'''''.~''\ ./.,,) / .~ ~.~ was seconded by ATTEST ./. /' /:'-:J ) t..<L.Le e.'S,J "-." .~~ ,futL;!.J CITY CLERK ,/ CITY OF AMMON April 18, 1991 Minutes of the Regular Meeting of the Mayor and City Council: The meeting was called to order lowing City Officials present: Mayor C. Bruce Ard Councilman Harvey Crandall Councilman Greg J. Naeser Councilman Ira K. Hall at 7:40 P.M. by Mayor C. Bruce Ard with the fol- Attorney W. Joe Anderson Engineer David E. Benton (8:10 P.M.) Public Works Director David Wadsworth Fire Chief Cal Smith Aleen C. Jensen City Clerk Others present were: Robert and Jon (Scout) Dansie, 575 Matchpoint Drive, Ammon Stacy Johnson, 1225 North 1150 East, Shelley Absent: Councilman Marvin J. Anderson The pledge of allegiance to the flag was invocation was offered by Councilman Maeser. directed by Councilman Hall, and the Scout Jon Dansie was introduced. The Council interviewed Stacy Johnson, 1225 North 1150 East, Shelley, applicant for manager or assistant manager of the swimming pool for the 1991 season. Stacy is employed full time as teacher/lifeguard at the Idaho Falls Aquatic Center, but she expressed a desire for advancement and a willingness to work hard. The interview brought out that she appears to have good aquatic skills but is lacking in managerial skills. The Council encouraged Stacy to take advantage of any available pool operator's certification courses and promised to further consider her application. Councilman Maeser moved to approve the minutes of City Council Meeting held April 4, 1991, as written. The motion was seconded by Councilman Hall. Roll call vote: Maeser - Yes; Hall - Yes; Crandall - Yes. The motion carried unanimously. The City of Ammon plans to participate in the statewide "Great-American-Trash-Off" on Saturday, June 1, 1991. Regarding the Ammon Road Proj ect, Forsgren has written letters of inquiry to appraisers and title companies. Also, they are preparing to submit two letters to the State Transportation Department. One is a request for re-eva1uation of the funding based on inflation. The other letter is to request participation from the State in right-of-way acquisition. As soon as the title company verifies ownership and the appraiser establishes values, the Council can begin contacts with the property owners to obtain the necessary quit claim deeds. Reports: David Wadsworth reported for Public Works. A new Walker lawnmower has been purchased, and a trailer has been rebuilt to transport it between parks. Two waterline breaks have been reported--one on Ross Avenue and one on Brookfield Lane. Attorney Anderson introduced Resolution No. 91-2 to authorize publication of Ordinance No. 219 in summary form in lieu of publication in full. Councilman Maeser moved to approve the Summary of Ordinance No. 219, which Ordinance was adopted by the City Council on April 4, 1991, and to authorize publication of the Summary. Ordinance No. 219 is concerning the adoption of the Uniform Fire Code. The motion was seconded by Councilman Crandall. Roll call vote: Maeser - Yes; Crandall - Yes. The motion carried unanimously.