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Council Minutes 9/12/2006 (51) 14 November 16, 1995 CITY OF AMMON November 16, 1995 Minutes of the Regular Meeting of the Mayor and City Council: The meeting was called to order by Mayor C. Bruce Ard at 7: 30 P.M. at the City Building, 3270 Molen Street, Ammon, Idaho, with the following City Officials present: Mayor C. Bruce Ard Councilman Harvey L. Crandall Councilman Ira K. Hall Councilman Steven J. Loveland Councilman Greg J. Maeser Attorney W. Joe Anderson Engineer David E. Benton Public Works Director David Fire Marshal Robert Farrow City Clerk Aleen C. Jensen Wadsworth Others Present: Blaine Drewes, Division of Environmental Quality Gene, Travis, and Brandon Killian, 3225 Circle S Drive, Ammon Jed and Janet Finlinson, 3170 Western Avenue, Ammon Katherine and John IV Nixon, 400 Tie Breaker, Ammon George Watkins III, 2155 Midway, Ammon Ron Mihu, 2365 Midway, Ammon Jean Anderson and Son (Scout), 565 Matchpoint Drive, Ammon Valerie Loveland, 3325 Rawson Street, Ammon Alan R. Johnson, 3155 Romrell Lane, Ammon The Pledge of Allegiance to the Flag was directed by Councilman Hall, and the in- vocation was offered by Councilman Loveland. Katherine (Kate) Nixon, 400 Tie Breaker Drive, requested a home occupation permit for software sales. There will be a minimal amount of traffic. Most of the business will be out of state. There will be no outdoor storage and no signs. The business uses about 12% of the home. Only family members are involved. They do about fifty programs per month. All mail and/or deliveries goes to a post office box. Mrs. Nixon signed a statement to say she will comply with the home occupation permit requirements outlined in C.C. ll-5-27H. Councilman Maeser moved to approve a Home Occupation permit for Katherine (Kate) Nixon, 400 Tie Breaker Drive. The motion was seconded by Councilman Loveland. Roll call vote: Maeser - Yes; Loveland - Yes; Hall - Yes; Crandall - Yes. The motion carried unanimously. Gene Killian presented receipts for materials purchased to move his fence to correct the clear view problem at Midway Avenue and Circle S Drive. He requested reimbursement in the amount of $828.35 and $2000 for "labor of Gene without any City help" . Originally the Council approved $300 for materials based on information submitted by Mr. Killian. The Council questioned the sizeable increase in costs. Mr. Killian explained additional materials were needed because of the breakage and because the City crew helped to take down the fence but they drug their feet when it was time to rebuild it. It was important to Killians to get the fence rebuilt before Halloween for security reasons. David Wadsworth reported the City tried to help as much as they could, but they were involved with the walking path at the same time and Mr. Killian only wanted help on the fence when he was available to work with the City employees. There was a decided difference of opinion between the City Council and Gene Killian regarding what the City agreed to do. This prompted considerable discussion. Copies of correspondence between Killian's attorney, G. Lance Nalder, and Attorney Anderson were reviewed to determine the terms the City Council agreed to. Mrs. Killian attended City Council Meeting on October 5, 1995, to present the original request for reimbursement in the amount of $300. The Council agreed to pay $300 which was to include cutting the concrete and materials. In addition, Public Works Director Wadsworth agreed to hire someone to dig the post holes. To date the City has issued a check to Adamson's Concrete Sawing for $100 and a check to Pro-Line Fence Company for $140 to dig seven post holes. Councilman Hall stated considerable time has been spent discussing and trying to resolve this issue. He moved that the City pay $300 as previously agreed for materials, $100 to cut the concrete, and $140 to dig post holes, and this is to be the sum of the City's monetary reimbursement. The motion was seconded by Councilman Crandall. Mr. Killian interrupted the motion and argued that the City agreed to pay $300 for materials but they also agreed to move the fence. However, the City was not there when it was time to rebuild at the new location. Mr. Killian stated he was due compensation for eighty hours of labor. Mayor Ard asked the clerk to call the roll on the motion. Roll call vote: Hall - Yes; Crandall - Yes; Maeser - No; Loveland - Abstained. Councilman Maeser explained he voted "No" because he believes Mr. Killian deserves some reasonable compensation for his time since the City agreed to move the fence. The $2000 is out of line but some compensation is in order. Councilman Loveland abstained because he does not agree with any of it, and he already voted "No"once. Attorney Anderson ruled the motion carried--two to one. The City will issue a check to Gene Killian for $300. I I I I I I 15 November 16, 1995 Ron Mihu, 2365 Midway Avenue, inquired about increasing the safety of the Midway Avenue/Circle S area,by erecting school zone signs. Public Works Director Wadsworth advised that signs are already in place. Councilman Loveland expressed his viewpoint regarding the history of the fence at 3225 Circle S Drive. In rebuttal, Gene Killian stated his viewpoint. Councilman Loveland brought out that a number of mistakes were involved, but it is time for correction. Mr. Killian placed the entire blame on the City. Blaine Drewes from the Idaho Division of Environmental Quality attended the meeting to discuss the water system of the City of Ammon. The history of the drinking water total coliform tests was reviewed. In September, 1995, five water samples were taken and two tested coliform present. This caused DEQ to issue a "boil order" but six retests were immediately taken and they all six tested coliform absent. So the "boil order" did not actually go into effect. In October, 1995, five water samples were taken and two tested coliform present so City of Ammon was placed on a "boil order". The system was flushed and given a one time chlorination. As a result, the six repeat samples tested total coliform absent. The five tests taken November 14, 1995, showed three locations with coliform present so DEQ again placed City of Ammon on a "boil order". The "boil order" was issued to the public on November 16, 1995, at 4:00 P.M. The cause for the water problem was discussed. Mr. Drewes explained there are three probable causes. One, there is a break in the water system. Two, a source is being put into the system. Three, there is bacteria growth within the system in the form of a biofilm or bacteria hiding undersomething like sand grains in the tank. The opinion was that Ammon's problem is in the water storage tank. However, there is reason for concern to make sure that one of the wells is not the source. If the problem is a bad tank, the well can still be good. If the problem is a bad well, everything is bad. Plans are to take some water tests at the wells. So far, the water has been tested after it has flowed through the storage tank. A plan of action was considered. The solution requires long term goals and short term goals. Long term, the source needs to be pinpointed and a permanent maintenance program developed. Short term, the problem needs correction to get the system back on line for the Thanksgiving holidays. The immediate plan agreed upon was to drain the storage tank without dropping pressure, refill and chlorinate the tank, and then flush the chlorination through the lines. Regulations require collection of three (3) repeat samples for bacterial analysis. One (1) sample must be collected each day for three consecutive days from throughout the affected area. The water system will be required to repeat the above procedure until the laboratory results are abssen for coliform. Blaine Drewes agreed to assist the City in working out the drinking water problem. He scheduled to meet Public Works Director Wadsworth at Well No. 6 on Firday, November 17, 1995, at 10:00 A.M. In the meantime, Public Works will go to work on draining the storage tank. The developers of Palisades Park Apartments petitioned the City to vacate a utility easement in the middle of their property. At City Council Meeting on November 2, 1995, it was determined action required a publicized public hearing, and the clerk was instructed to initiate action. Since then Attorney Anderson has researched the procedure further and he determined the hearing process is not necessary provided the Council makes a finding there are no easement users or easement holders in the area. In making that finding, we do not have to give public notice or we do not have to give special notice to any easement holder. A check of the area does not indicate any easement users or holders, so Ordinance No. 245 has been prepared to vacate the easement and amend the plat. The development agreement specifies the developer will grant easements where required by utilities. Attorney Anderson introduced Ordinance No. 245 by title, AN ORDINANCE VACATING EASEMENT AND AMENDING PLAT--AN ORDINANCE OF THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO, VACATING AN EASEMENT OF APPROXIMATELY SIXTEEN (16) FEET IN WIDTH ON THE BOUNDARY LINE BETWEEN LOT 2, BLOCK 3, ON THE SOUTH, AND LOT 3 AND LOT 4 OF BLOCK 3 ON THE NORTH, ALL IN BLOCK 3 OF THE MONTY HOWELL ADDITION TO THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO; DECLARING THE PLAT FOR SUCH MONTY HOWELL ADDITION AMENDED TO DELETE SAID EASEMENT; FINDING THAT THERE ARE NO AFFECTED EASEMENT HOLDERS WHO ARE PRESENTLY USING SUCH EASEMENT; DETERMINING THAT NO PUBLIC NOTICE IS REQUIRED OR NECESSARY; DECLARING THAT THE VACATION OF THE EASEMENT IS EXPEDIENT FOR THE PUBLIC GOOD AND THAT THE VACATION OF THE EASEMENT CANNOT IMPAIR THE RIGHT-OF-WAY, EASEMENTS, AND FRANCHISE RIGHTS OF ANY LOT OWNER OR PUBLIC UTILITY. Councilman Maeser motioned that the City Council makes a finding there are no easement holders utilizing the easement across the property proposed for development with Palisades Park Apartments. The motion was seconded by Councilman Crandall. Roll call vote: Maeser - Yes; Crandall - Yes; Hall - Yes; Loveland - Yes. The motion carried unanimously. 16 November 16, 1995 Councilman Maeser moved that the City Council dispense with the rule requiring the three separate readings of the ordinance, that the three readings be waived, and that Ordinance No. 245 be placed on its third and final reading. The motion was seconded by Councilman Crandall. Roll call vote: Maeser - Yes; Crandall - Yes; Hall - Yes; Loveland - Yes. The motion carried unanimously. Ordinance No. 245 was read in full. Councilman Maeser moved to No. 245, an ordinance to vacate the easement and amend the plat Palisades Parks Apartments, on its third and final reading. seconded by Councilman Crandall. Roll call vote: Maeser - Yes; Hall Yes; Loveland - Yes. The motion carried unanimously. instructed to record and publish Ordinance No. 245. adopt Ordinance as proposed for The motion was Crandall - Yes; The Clerk was Reports: Public Works Director Wadsworth asked the Council to ~etermine what I action is to be taken on the Carol Layland dog citation. Attorney Anderson reported the case has not been dismissed. The pre-trial hearing was continued. Councilman Hall expressed concern that Ms. Layland reported legal counsel stated our citation tickets are not valid and not enforceable. Therefore, Councilman Hall recommended that the citation should not be dismissed but let it take its course to see what happens to determine if our citation procedure is valid. Attorney Anderson said he did not believe there was anything invalid about the ticket but it is a question of whether the facts support the issuance of a ticket. Public Works Director Wadsworth and Councilman Hall listened to reports from Carol Layland and Animal Control Officer Adrian Owens for over an hour. The two stories were contradictory to each other. The judge needs to decide based on the evidence presented. The City owes the courtesy of advising Ms. Layland that the citation has not been dismissed, but is on hold. The City Council also owes support to the city employees who enforce our dog ordinance. Most important is the City wants to be able to enforce the dog ordinance. Councilman Hall agreed to telephone Ms. Layland to inform her the citation has not been dismissed and that she will be receiving notice of another pre-trial conference. She has the option of posting bond at $25 or going to the conference. Ms. Layland seems to be trying to confuse the issue. The main issue is she violated the ordinance. Mayor Ard asked the Council to get ideas together for additional street light needs. Attorney Anderson distributed copies of a Juvenile Curfew Ordinance for the Council I to study. The ordinance is the same as the one passed by Bonneville County. Input is requested and the ordinance will be considered as an agenda item at next Council meeting. n Alan Johnson, 3155 Romrell Lane, questioned the "boil order" notification procedures. He requested information about the problem and the Council discussed it with him. It was brought out that the new Albertsons is distributing free bottles of drinking water to Ammon residents. Councilman Crandall reported on the City Building construction. There is a problem with some of the brick. The architects have advised some of the brick will be taken off to resolve the problem. Councilman Crandall is scheduled to meet with the plasterers on November 17 at 8:00 A.M. They are going to texture the ceilings and it will be reviewed to determine acceptability. The construction is reported to be on schedule, and completion is estimated to be near December 20. The City cuttings November Council attend. Clerk reminded the Council of the various grand openings and ribbon for businesses. Dollar World plans a ribbon cutting for Saturday, 18, at 9: 00 A.M. and they would like a representative from the City to say a few words. Councilman Hall and Councilman Maeser agreed to Palisades Park Apartments have invited the City Officials to their ground breaking on Wednesday, November 22, at 12 Noon. West One Bank has a ribbon cutting scheduled for November 29 at 10:00 A. M. West One would like the Mayor to speak during their ceremonies. Claims were approved. Councilman Crandall moved to adjourn the meeting, and the motion was seconded by Councilman Hall. The meeting was adj ourned at 9: 35 P.M. I O~~0 ATTEST t::U~ (1 Q~--- CITY CLERK ~