Council Minutes 04/04/1991
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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'''''.~''\
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was seconded by
ATTEST
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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.