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Council Minutes 06/20/1991 I I I Book 7-345 June 6, 1991 June 20, 1991 Councilman Crandall moved to adj ourn the meeting. The motion was seconded by Councilman Hall. The meeting was adjourned at 9:20 P.M. .' .............."') ......... .c' \ ///~ MAk-----. ATTEST .-0 -, . /.7) ; {..~,_j ~.{. , '~,-,;IiU.."'L" CITY CLERK (/ CITY OF AMMON June 20, 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 Greg J. Maeser at 7:30 P.M. by Mayor C. Bruce Ard with the fol- Engineer David E. Benton Public Works Director David Wadsworth City Clerk Aleen C. Jensen Others Present: Michael Nye, Utah Power, Shelley Office Absent: Councilman Ira K. Hall Attorney W. Joe Anderson The Pledge of Allegiance to the flag was led by Councilman Maeser, and the invoca- tion was offered by Mayor Ard. The State Transportation Department has called a meeting on Ammon Road right-of- way acquisition for June 25, 1991, at 2:00 P.M. at the District Six Office in Rigby. Recently, H. James Talbot, President of Sessions Management Company, contacted Mayor Ard to express an interest in purchasing the City's Well No.7 property. Since the City property does not have frontage on East Seventeenth Street except for a twenty foot access road, Mr. Talbot was advised that an offer would be considered depending on the purchase price and whether or not the well could be relocated or retained as part of the City's water system. In a letter dated June 19, 1991, Sessions Management Company sent an "Option to Purchase Real Property" for fifty cents ($.50) per square foot. The proposal was discussed, but the Council agreed the price offered was too low. No action was taken. Proposed changes in requirements for a home occupation permit were discussed. It was recommended that the changes include a reference to the allowed zones. The Council decided to continue study before taking any action. Engineer Benton presented a final plat for Tie Breaker Village Division No.6 which includes a replat of the following lots in Tie Breaker Village: Division No. 5 -- Block 4 Lots 29 through 32; Division No. 2 -- Block 4 Part of Lot 15 and Lots 16 through 20, Block 5 Part of Lot 5, Block 6 Lots 1 through 10, Block 7 Lots 1 through 14. The replat was completed in order to change the lot layout and increase some of the lot sizes. Engineer Benton reviewed the changes. The Planning and Zoning Commission recommended approval at their meeting on June 4, 1991. Councilman Crandall moved to accept the recommendations of the Planning and Zoning Commission including their stipulations and to approve the final plat of Tie Breaker Village Division No.6. The motion was seconded by Councilman Maeser. Roll call vote: Cran- dall - Yes; Maeser - Yes; Anderson - Yes. The motion carried unanimously. The Bonneville County-City Planning Committee Meeting is June 25, 1991, at 7:30 A. M. at the Stardust Restaurant. scheduled for Tuesday, Claims were approved. Councilman Crandall moved to adj ourn the meeting. The motion was seconded by Councilman Maeser. The meeting was adjOUrn~~._:~._8.'~_O_.;.(, ( -~~~ MAYOR----. ATTEST a.L'<'~'4C-// (? (};2-?L.IU~~ CITY CLERK ~ 346 July 18, 1991 CITY OF AMMON July 18, 1991 Minutes of the Public Hearing and 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 fo1- Attorney W. Joe Anderson Engineer David E. Benton Public Works Director David Wadsworth Fire Chief Ca1 Smith City Clerk Aleen C. Jensen I Others Present: Michael Nye, Utah Power, Shelley Office Carol Nelson, 1820 Dove Drive, Ammon Elaine McGary, Planning and Zoning Commission Representative The Pledge of Allegiance to the flag was directed by Councilman Crandall, and the invocation was offered by Councilman Anderson. Mayor Ard opened the Public Hearing to consider Ordinance No. 223, AN ORDINANCE GRANTING TO PACIFICORP, DOING BUSINESS AS UTAH POWER & LIGHT COMPANY, ITS SUCCESSORS AND ASSIGNS, AN ELECTRIC LIGHT, HEAT, AND POWER FRANCHISE. The Clerk presented a proposed Ordinance No. 223 and the Affidavit of Publication of the proposed Ordinance with a Notice of Hearing; that the Notice of Hearing provided for a public hearing to be held on the proposed Ordinance July 18, 1991, at the regular meeting of the City Council of the City of Ammon. The Mayor instructed the Clerk to file the proposed Ordinance with the Affidavit of Publication and the Notice of Hearing with the proceedings of the City of Ammon. The Mayor announced that this was the time set for a public hearing upon the proposed Franchise Ordinance and inquired if there was anyone present who wished to present any testimony or any matter in support of or in opposition to the proposed Franchise Ordinance. Michael Nye, representative of Utah Power & Light, was present, but declined to present any testimony. There being no other persons present in opposition or support of the ordinance, the Mayor requested the meeting to proceed. I Ordinance No. 223 was then presented to the Council and was read at length. Councilman Crandall moved that the requirement of law that ordinances be read on three separate and distinct occasions be waived, and that the ordinance be placed upon its third and final reading. Councilman Maeser seconded the motion, and the Mayor called for a roll call vote resulting as follows: VOTING AYE: Harvey Crandall Greg Maeser Marvin Anderson Ira Hall VOTING NAY: None ABSENT: None Ordinance No. 223 was then read again, by title, and Councilman Crandall moved that the ordinance be passed upon its third and final reading. Councilman Maeser seconded the motion, and the Mayor called for a roll call vote, resulting as follows: VOTING AYE: Harvey Crandall I Greg Maeser Marvin Anderson Ira Hall VOTING NAY: None ABSENT: None A majority of the whole number of councilmen elected to the City Council having voted in favor of the adoption of the ordinance, the Mayor declared it duly adopted and ordered it spread at length on the minutes. The Mayor thereupon signed the ordinance, and the City Clerk counter-signed it, affixing the official seal thereto and attested it. The City Clerk was instructed to cause the ordinance, as passed, to be deposited in her office and published once within one month after its passage in the Idaho Falls Post Register, the official newspaper of the City of Ammon, Idaho, and to record the Ordinance, together with the Affidavit of publishing thereof in the book kept for that purpose. I I I Book 7-347 July 18, 1991 Carol Nelson, 1820 Dove Drive, requested a non-commercial kennel license to keep three dogs, 1 female Lhasa Apso, 1 male poodle mix, and 1 male cocker. The Nelsons own two of the dogs, and one belongs to a son who has moved back home. They do not plan to breed dogs, and they obtained written consent of 92.3% of the persons in possession of premises within 150 feet. Councilman Maeser moved to approve the non-commercial kennel license for Carol Nelson. The motion was seconded by Councilman Hall. Roll call vote: Maeser - Yes; Hall - Yes; Crandall - Yes; Anderson - Yes. The motion carried unanimously. Elaine McGary reported on changes to the Comprehensive Plan which were recommended by the Planning & Zoning Commission at the conclusion of their Public Hearing held July 2, 1991. The changes recommended are as follows: 1. TRANSPORTATION, Street Subsystems, C. Arterials, page 54: Following line 6, add "Within the City limits and the City Impact Area, the County or section line roads shall be designated as arterials." 2. TRANSPORTATION, Design Policies, C. Arterials, page 56: Delete the first three lines and add: - All new points of access to arterials should be via collector street at approximately 1 mile intervals. Direct property access should be prohibited if possible. Exception - lots or property of record at adoption of this plan revision shall be permitted a single direct access if access to a collector street is not available. - A limited neighborhood commercial zone may be mapped at the intersection of any collector and the arterial. Access to the commercial area would be via the collector only. - Residential lots adjacent to arterial streets should have reverse frontage. - Higher-density residential uses should be concentrated on collector streets. 3. FUTURE LAND USE, Definitions, page 67: Change the last three lines to read, "For the purpose of this study five generalized land use categories were defined to cover the probable future development activities. These categories are as follows: Low Density Residential - The use of land for single dwellings on larger lot sizes. (Up to 4 units per acre.)" family 4. FUTURE LAND USE, Definitions, Page 68: Delete the first three lines (This eliminates medium density residential.) 5. FIGURE 19, FUTURE LAND USE REQUIREMENTS, page 71: Under LAND USE CATEGORY delete "Med. Density." This necessitates an adjustment to the acre amounts. 6. FUTURE LAND USE, Definitions, Page "Le., four units per acre" and entitled Medium Density Residential. 72: Change delete the line entire 2 to read paragraph 7. FIGURE 20, FUTURE LAND USE MAP, page 74 as previously revised: Eliminate medium density residential (use two colors instead of three); delete the large industrial designation south of Sunnyside Road in the southeast corner of the map; change commercial to high density residential on southeast corner of intersection of Hitt Road and Sunnyside Road; square up the commercial designation on southwest corner of intersection of Ammon Road and Sunnyside Road (Randalyn Addition); change northeast corner of Ammon Road and Sunnyside Road intersection to commercial; eliminate the green belt area along Sand Creek; and square up the commercial designation on the south side of East 17th Street between McCowin's and Servisoft. The City Council authorized the City Clerk to advertise a Public Hearing to consider changes to the Comprehensive Plan for a City Council Meeting as soon as advertising requirements can be met. Mr. and Mrs. Mark Jensen, 1790 Falcon Drive, wrote a letter to express their concern about the traffic problem at Falcon Drive and Sawtooth Street. They suggest the stop sign should be moved from Falcon to Sawtooth. This problem has been considered by the Council previously, and it was determined to leave the stop sign on Falcon Drive. However, a letter will be sent to the resident at 1815 Falcon Drive to request him to trim his trees so the stop sign is more visible. 348 July 18, 1991 The Council reviewed the minutes of June 6 and June 20, 1991. Councilman Crandall asked about the status of the Webster's shaved ice stand by LaVern Judy's on the southeast corner of the intersection of Ammon Road and Sunnyside Road. Websters have been verbally notified that the Judy heirs are not favorable to the location of the stand, and the City Attorney has advised that a business should not be conducted in the right-of-way. A letter should be sent to Websters to notify them officially that it is illegal to operate a business in the right- of-way. Also discussed was the law enforcement agreement with the Bonneville County Sheriff's Department and the proposed cost increase for the 1992 Fiscal Year. Council members agreed to do some in depth research of figures, to seek information on K-Mart' s impact, and to plan for a meeting with the County Commissioners. Councilman Crandall moved to approve the minutes of the City Council Meetings held June 6 and June 20, 1991. Councilman Maeser seconded the motion. Roll call vote: Crandall - Yes; Maeser - Yes; Hall - Yes; Anderson - Yes. The motion carried unanimously. I The residents of Tie Breaker Village are organ1z1ng to formulate plans for a park in their area. As soon as they get plans, Mayor Ard promised to take them to the School Board. Engineer Benton met with Robert Suitter, developer, to discuss acquiring additional land because the school probably would not allow parking on their property. Mr. Suitter was willing to give the City some land for a park. A Neighborhood Meeting of Tie Breaker residents is scheduled for July 29. Mayor Ard reported on the Ammon Road Proj ect. The Idaho State Transportation Department assures us that Ammon is still on schedule for October 1, 1991. Action was deferred on the revisions to Home Occupation Permit requirements. The ordinance should indicate the zones in which home occupations are allowed and that the authority remains with the City Officials and not the neighbors. Kitty Dooley, CPA, has submitted a request to perform the City's audit for 1991 Fiscal Year. Quotes have also been requested from Young, Bell and Webb and Galusha, Higgins and Galusha. Selection of an auditor will be made after the other quotes are received. Groberg Realtors, developers of Meadow Lark Estates Division No.2, has requested the City to provide a letter stating the City will accept the subdivision streets as completed, and the City has accepted the streets, water supply and sanitary sewage system for continuous maintenance. This information is needed to qualify the subdivision for FHA and VA financing. The City Clerk was instructed to prepare a letter for Grobergs. I Reports: Councilman Anderson discussed park reservations and asked the Council to consider charging for the use of the shelters. The Council was opposed to charging a fee for the park. Councilman Anderson also asked the City crew to get the antique gun in Lions Park repainted. Public Works Director Wadsworth agreed to get the gun refinished before winter. The weeds need to be mowed on the streets right-of-way, but the City crew is already working on that project. Mayor Ard discussed the pedestrian crossings at Hitt Road and East 17th Street. This is a hazardous intersection, and no crosswalks are marked. A recent accident has prompted action. Mayor Ard plans to contact the City of Idaho Falls to improve the conditions. Fire Chief Cal Smith reported pedestrians are crossing Hitt Road south of the intersection at the south end of Eastgate Drug. This contributes to making the intersection more hazardous. Public Works Director Wadsworth reported the new park shelter at North McCowin Park has been completed except for paint. Two water breaks have been repaired ~ntly. Bids have been requested for preliminary street repairs in Hillview, Hillsdale, and the Ammon townsite. Bonneville County Road and Engineering has been scheduled to chip/seal the project after the preliminary work is completed. Bid opening has been advertised for July 24, 1991, at 2:00 P.M. If the bid comes in low enough so funds are available, the City wants to widen Owen Street from Ammon Road to Western Avenue. Engineer Benton will send out a bid change order so figures are available on widening Owen Street when the other repairs are made. I Attorney Anderson advised that Intermountain Construction, Inc. has filed a Notice of Appeal on the District Court decision on their Tort Claim. So the City is back into the argument before the Idaho Supreme Court. The Attorney also reminded the Council that if they wanted to make any adjustment in the compensation for City Officials, the action must take place sixty days prior to election and the change becomes effective January 1 following the election. The time is now. Fire Chief Cal Smith reported for the Fire Department regarding the fireworks on July 4th. He discussed illegal fireworks and the necessity for obtaining a I I I Book 7-349 July 18, 1991 July 24, 1991 permit for public display of fireworks. He suggested the City make the public aware that permits are available. He also recommended that the City designate an area to be used for shooting fireworks. The Fire Department ~as experienced a number of small problems with the engines and radios, but they do not anticipate anything major. Councilman Crandall expressed the op1n1on that a compensation increase for City Officials was in order. The Council favored a compensation increase rather than a cost reimbursement. Councilman Crandall moved to schedule a hearing for the second meeting of August to consider an increase of salary for Councilmen from $100 per month to $200 per month and Mayor from $200 per month to $400 per month. The motion was seconded by Councilman Maeser. Roll call vote: Crandall - Yes; Maeser - Yes; Hall - Yes; Anderson - Yes. The motion carried unanimously. Claims were approved. The City Clerk advised the new liability insurance with ICRMP includes a blanket public officials bond. The new sales tax exemption regulations were reviewed. Because of federal funds involved for Ammon Road, the City will need to conform to the Single Audit Act of 1984 requirements for the 1991 Fiscal Year audit. There is some discrepancy on the legal description for the Well No. 7 property, and Engineer Benton agreed to correct it. ICRMP requires that the City appoint a risk management representative and adopt a risk management statement. Councilman Hall assumed the responsibility to study ICRMP's request. The pool missed one week of lessons when the pump was broken, so Manager Mark Nielsen has asked the Council to decide what to do about it. It was agreed the pool should offer a fifth session of swimming lessons and extend the pool closing until August 24. For our information, the Bonneville County Treasurer has sent a copy of their July 5, 1991, Tax Due Summary -for 1988, 1989, and 1990. Councilman Crandall moved to adjourn the meeting, and Councilman Maeser seconded the motion. The meeting was adjourned at 9:10 P.M. (:~~0 MA -------- ATTEST ') .' a~-<:..<--;< J (; ..if..L~)t4."<:';!J CITY CLERK {/ CITY OF AMMON July 24, 1991 Minutes of the Special Meeting of the Mayor and City Council: The meeting was called to order at 7: 00 P.M. with the following City Officials present: Mayor C. Bruce Ard Councilman Marvin J. Anderson Councilman Harvey Crandall Councilman Greg J. Maeser Engineer David E. Benton Public Works Director David Wadsworth City Clerk Aleen C. Jensen The purpose of this Special Meeting was to review the bids received for street repairs in Hillview Village Addition, Hillsdale Addition, and old Ammon Townsite, consisting of crack routing and sealing, tack coat, and a scrub leveling layer of 3/8 minus asphalt mix and including furnishing 29,000 pounds of crack sealant and 970 tons of scrub coat material preparatory for Bonneville Road and Engineering to chip/seal. The City published an Advertisement for Bids in the Post-Register on July 7 and July 14, 1991. Two bids were received, and they were opened as advertised at 2:00 P.M. on July 24, 1991, at the City Building, 3270 Molen Street. Bids were as follows: H. K. Contractors, Inc. by Holland Dredge, Estimator $93,240.00 Beco Construction Co., Inc. by Doyle Beck $97,700.00 At the bid opening, H-K Contractors, Inc. was the apparent low bidder. However, on more careful examination of the unit prices, there was an addition error in H-K's bid, and it was determined Beco Construction Co., Inc. was actually the low bidder. Detailed bid information follows: Item No. of Description of H-K Beco No. Units Work Bid Bid A. 29,000 lbs. Crack Sealant as per specifications $ 36,250.00 $ 29,000.00 B.o 970 Tons Leveling Course (1/4") 45,590.00 48,500.00