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Council Minutes 9/12/2006 (87) 140 August 7, 1997 CITY OF AMMON August 7, 1997 Minutes of the Regular Meeting of the Mayor and City Council: The meeting was called to order by Council President W. Lee Bean in the City Building, 2135 South Ammon Road, Ammon, Idaho, at 7:30 P.M. with the following City Officials present: Council President W. Lee Bean Councilmember Sherrill C. Bohn Councilmember Ira K. Hall Councilmember Steven J. Loveland City Clerk Aleen C. Jensen Attorney W. Joe Anderson Engineer David E. Benton Public Works Director David Fire Chief Clarence Nelson Fire Marshal Cal Smith Wadsworth Others Present: Levi Clements, 3060 Rawson Street, Ammon Rodney and Ryan (Scout) Roberts, 705 Matchpoint, Ammon Ron Folsom, Planning and Zoning Representative Paul Snarr, Benton Engineering Kim Au Connie Barnum Absent: Mayor C. Bruce Ard Councilmember Loveland led the Pledge of Allegiance to the Flag, and Councilmember Bohn offered the invocation. Ron Folsom reported for the Planning and Zoning Commission. (1) A Public Hearing was conducted on August 5, 1997, to consider a request by the Ashment family for annexation with initial zoning of property located east of Sand Creek and west of Fox Hollow on the north side of First Street. There were no parties in interest present at the hearing to provide input for or against. It was recommended that the request be approved. The only question was whether or not to annex First Street. Also, Councilmember Hall suggested that the property owners of the one house west of Fox Hollow be contacted to determine if they would like to be included in the annexation. No one is planning to develop the property at this time. City of Ammon water is available on the north side of First Street from the waterline extension. Sewer is not available at this time. Ashments plan for a Public Hearing before the City Council on September 18, 1997. (2) Interpretation of the code on setbacks was discussed. In the Stonehav61development, the west side of the major street is zoned R-l and requires a thirty foot (30') front setback. The east side of the street is zoned R-2, and the placement of the townhouses would allow a fifteen foot (15') setback from the major street. The Commision plans to discuss the setback requirements further at their next meeting. (3) It was recommended approval of a sideyard variance for R. Wayne Hansen, 3785 Geneva Drive, to allow him to build a single car, attached garage. His lot only as a seventy foot (70') frontage. The City Council acting as the Board of Adjustments is scheduled to consider the request at a Public Hearing on September 4, 1997. (4) Attorney Anderson called attention to the need to amend the code to allow a zero lot line for townhouse development. (5) Councilmember Bean inquired about the status of a sign ordinance. The Planning and Zoning Commission recommended the City Council consider adopting the Jackson, Wyoming, sign code. Attorney Anderson agreed to review the Jackson code. In the recodification process, it is recommended adoption of the Uniform Sign Code. Levi Clements, 3060 Rawson Street, complained that he can not get sufficient irrigation water to irrigate his pastureland on Western Avenue. He asked if he should continue sprinkler irrigation or if the City will give him some water. The City has tried not to be involved with the irrigation ditches and proposes that users take responsibility for maintenance and usage of the flood irrigation water. It was recommended the users set up a meeting to work out any problems. Councilmember Bean agreed to discuss Clements' problem with Bruce Bird, one of the users who supervises water usage of the west ditch. Councilmember Hall moved to approve the minutes of the Special City Council Meeting held July 22, 1997. The motion was seconded by Councilmember Loveland. Roll call vote: Hall - Yes; Loveland - Yes; Bohn - Yes; Bean - Yes. The motion carried unanimously. Regarding the Well House for Well No.8 project, Council President Bean called for a tabulation of hours by Engineer Benton and Public Works Director David Wadsworth. Also, each of the City Officials was asked to express their opinion on settlement of the contract with Rand S Construction. Attorney Anderson stated Reed Hill had some adequate defense for part of the contract delay and reason for extending the completion date. However, considering the whole project, he was unprepared to make I I I I I I 141 August 7, 1997 a recorrunendation. Councilmember Loveland expressed the opinion that the Council contracted for a complete job with the system turned over to the City by a certain date. However, the contractor did demonstrate concerned effort to give the City a well built system and was not concerned only with a profit. Councilmember Bohn favored going by the Attorney's decision about whether or not the contract was followed and whether or not the delays were the contractor's fault. Councilmember Hall observed the contractor was not on the job all the time he could be. The contractor did go extra to correct the electrical problem. The time extension was not managed very well, and it appears both parties share some of the fault. Public Works Director Wadsworth explained that May 8 was the earliest the City could pump water, and the system did not go on line until May 23. The contractor could have been on the job more. Paul Snarr and David Benton of Benton Engineering discussed the electrical problem. It was pointed out that Benton Engineering was responsible for the electrical engineer through the specifications, and Rand S Construction was responsible for the electrical contractor. Attorney Anderson surrunarized this is a difficult situation. The City can assess penalty, and the contractor has to present justification. Information discussed indicates grounds for investigating a compromise instead of court action. Attorney Anderson agreed to approach Reed Hill verbally regarding settlement of the contract. The East 17th Street asphalt overlay project is nearing adjustments are needed on the manholes. Paul Snarr plans contractor to level out problem manholes. All the proj ect is contractor did a great paving job. completion. Some to work with the not negative. The Approval of the tentative 1998 Fiscal Year Budget is scheduled for August 21, 1997. Councilmember Bean proposed that the City Council consider raising the water rates and dog license fees in the new budget. A realtor contacted the City Office to determine City of Arrunon' s feelings about Eastern Idaho Technical College obtaining a piece of property north of Pheasant Estates, within the City of Arrunon boundaries but currently under the jurisdiction of Bonneville County, to expand the school's facilities. The inquiry concerned annexation of the property to City of Idaho Falls, objections to the campus being located in two cities, and whether City of Arrunon would be willing to financially contribu te. The consensus of the Council was the property should be annexed to Arrunon. Councilmember Bohn suggested the Council consider an ordinance to prevent vehicles being parked in the street or in driveways unless they have a current vehicle license. A copy of such an ordinance will be obtained from a neighbor city. Reports: Public Works Director David Wadsworth reported on water breaks and street patching. A waterline has been extended to the McCowin Park shelter. Arrangements are being made to have the McCowin Park walking path seal coated. Attorney Anderson discussed the ordinance recodification proj ect. He requested direction on how to proceed to get ready for adoption. Some sections have been deleted and some have been added to. The Council asked for some identification of the changes. Another letter will be sent to Mike Norris, NorTech Systems, to try to collect the money paid him for the computer which was not delivered. Negotiations are underway with Bonneville County on the 1998 Fiscal Year Law Enforcement Contract. The Sheriff objects to the phrase that we are paying for two extra personnel over and above what the normal complement of law enforcement would be. He sees it that his two personnel are extra anyhow. The Sheriffs' Association is taking the position that once a City is incorporated that the City assumes the law enforcement for that area and the Sheriff does not have primary responsibility. A letter from the Attorney General's office controverts that. Engineer Benton discussed the costs involved in the East 17th Street asphalt overlay project. Changes were approved for additions to five intersections and for the catch basin at 17th and Midway by Quality Water. Chief Nelson reported for the Fire Department. The fire alarm which sounded during meeting was a false alarm at one of the nursing homes. False alarms are received regularly from Valley Living Center and Life Care Center. Discussion continued on instituting some type of fee for false alarms. Attorney Anderson advised that legally a fee could not be assessed. It would have to be a citation. Chief Nelson asked for an increase of $1500 in the proposed FY 1998 Budget for equipment. Monday morning there was a fire at 2955 Geneva Drive. The State Fire Marshal was called in to assist the department in investigating the case. There were three kids involved. 142 August 7, 1997 Fire Marshal Cal Smith reviewed the Uniform Fire Code ordinance as requested by Attorney Anderson. He explained the revisions that he would like to see made. Smith referred to the 1994 UFC. Changes will be made in the recodification. Another resident of the Ammon Original Townsite reported that he had not been able to get good irrigation water for three weeks. He requested the City to fix the problem. The City has set aside $300 yearly for ditch maintenance, but the users are expected to assume responsibility for maintenance. Kwin Kopp and Bruce Bird have volunteered to monitor usage, but if they do not do the job, the users need to promote some other plan. Claims were approved. Councilmember Bean moved to adj ourn the meeting, motion was seconded by Councilmember Hall. The meeting was adjourned ATTEST ~(!#~ CITY CLERK . . I I I