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Council Minutes 9/12/2006 (61) I I I 43 April 4, 1996 CITY OF AMMON April 4, 1996 Minutes of the Regular Meeting of the Mayor and City Council: The meeting was called to order Building, 2135 South Ammon Road, present: Mayor C. Bruce Ard Councilmember Sherrill C. Bohn Councilmember Ira K. Hall Councilmenber Steven J. Loveland City Clerk Aleen C. Jensen by Mayor C. Bruce Ard at 7:30 P.M. in the City Ammon, Idaho, with the following City Officials Attorney W. Joe Anderson Engineer David E. Benton Public Works Director David Wadsworth Fire Chief Cal Smith Acting Fire Chief Clarence Nelson Fire Marshal Robert Farrow Others Present: Ron Folsom, Planning and Zoning Commission Representative Dee and Michelle (Mikki) Martin, 2965 Devonwood, Ammon Greg Maeser, 3794 Wanda Street, Ammon Eric Davis, Cantlon Properties (Ammon Town Center) Rich and Chris Rankin Gawn Reid, 3235 Ross Avenue, Ammon Rodney, Ryan, and Merrill Roberts, 705 Matchpoint, Ammon May Farrow, 3824 Wanda Street, Ammon Barbara Nelson George Watkins III, 2155 Midway, Ammon Absent: Councilmember W. Lee Bean The Pledge of Allegiance to the Flag was led by Councilmember Bohn, and the invocation was offered by Councilmember Loveland. Michelle (Mikki) Martin, 2965 Devonwood, requested a home occupation permit to operate a day care in her home. She stated she can comply with the requirements specified in C.C. ll-5-27H. She watches six children; she has no employees; and there are no traffic problems. Councilmember Hall moved to approve the application for a home occupation permit for Michelle Martin, dba Devonwood Castle Day Care, 2965 Devonwood. The motion was seconded by Councilmember Bohn. Roll call vote: Hall - Yes; Bohn - Yes; Loveland - Yes. The motion carried. Ron Folsom reported on the Planning and Zoning Commission Meeting held April 2, 1996. As the first item of business, Garth Cunningham and representatives of Skidmore Inc. presented an amended preliminary plat for the Fox Hollow Subdivision. The original preliminary plat was presented to the Planning and Zoning Commission for their recommendation on August 14, 1990, and it was reviewed by the City Council on August 16, 1990. Following that, hearings were conducted and Fox Hollow Division No.1 was annexed to the City of Ammon and zoned as per Ordinance No. 221. Now the developers are preparing to request annexation and zoning of Fox Hollow Division No.2. The preliminary plat has been amended because a portion of the property has been transferred to the LDS Church. The only problems Planning and Zoning found with the amended preliminary plat are as follows: (1) Lot 9, Block 4 is too small for a building lot and P&Z recommended it be made a part of either Lot 8,Block 3 or Lot 10,Block 4 depending on the developer's preference. (2) Lot 23, Block 4 is only 55' wide but it is presently under ownership with Lot 10, Block 3. (3) The street layout near the church property is of some concern because it dead ends. Planning and Zoning recommended to the City Council approval of the amended preliminary plat and instructed the developer to proceed with a request for annexation and zoning. The second item of business was reapproval with minor changes of the final plat for Tie Breaker Village Division No.8. Originally the plat was recommended for approval by P&Z on March 2, 1993, and approved by the City Council on March 18, 1993, but it was never recorded. Before it can be recorded, it is necessary to have reapproval. The minor changes include: (1) Boundary changes to add a narrow strip of property (Lot 6A and Lot 5A) to Lots 5 and 6 of Block 7 Division No.2; (2) Combine Lots 24 and 25 to make a larger Lot 24; and (3) Increase the size of Lot 18, Block 6. The P&Z recommended reapproval of the plat with the changes. Other business included a review of four building permits issued. Fire Chief Cal L. Smith read a statement of resignation to the Mayor and City Council. A copy of the statement as prepared by Chief Smith is attached to these minutes. Following the statement Chief Smith presented Mayor Ard with a letter of resignation which reads, "Due to my current mental and physical condition, I feel I am unable to continue my duties as Chief of the Ammon Fire Department. I ask that you accept my resignation effective this date." (April 4, 1996) 44 April 4, 1996 Mayor Ard expressed thanks to Cal Smith for his service to the City of Ammon, and each of the Councilmembers added their thanks. Mayor Ard asked the Council if they would like to act on Chief Smith's recommendation. Councilmember Loveland moved to accept the resignation of Fire Chief Smith and to accept his recommendation to appoint Clarence Nelson as Fire Chief and Robert Farrow as Assistant Fire Chief. The motion was seconded by Councilmember Hall. Roll call vote: Loveland - Yes; Hall - Yes; Bohn - Yes. The motion carried. Eric Davis, Vice President of Cantlon Properties, brought four documents pertaining to the Ammon Town Center development which need approval by the City of Ammon. These documents have been reviewed by W. Joe Anderson, City Attorney. CPI is about to close on the property with Target. A quick move-out of the trailers has spurred action along, and the closing is anticipated about April 15. Eric Davis stated I his purpose in attending the meeting was to answer questions or concerns anyone has about the project or the documents. Attorney Anderson presented each of the Ammon Town Center documents and explained them to the Council. Councilmember Hall moved to approve and to authorize Mayor Ard to sign the "Easement, Dedication and Acceptance of Utilities Agreement" for Phase I as written and reviewed by the City. The motion was seconded by Councilmember Loveland. Roll call vote: Hall - Yes; Loveland - Yes; Bohn - Yes. The motion carried. The "Estoppel Certificate" is a statement by the City to the developer (Dayton Hudson Corp. c/o Target Stores) that the City knows of no condition now existing which is in violation of the development agreement. Councilmember Loveland moved to approve the "Estoppel Certificate" and to authorize the Mayor to sign it. The motion was seconded by Councilmember Hall. Roll call vote: Loveland - Yes; Hall - Yes; Bohn - Yes. The motion carried. The "Consent to Transfer Property", a letter addressed to Mayor Ard, City of Ammon, from the legal counsel of Cantlon Properties Inc (CPI) , requests consent to a transfer to Ammon Town Center between two affiliate CPI entities. "If the requested consent by the City is granted, CPI/Bountiful will own the Property, but CPI/Ammon will remain liable under the Development Agreement and will continue to be the developer of the Property. CPI/Bountiful recognizes the Development Agreement as an encumbrance against the Property." Councilmember Hall moved to authorize the Mayor to sign the "Consent to Transfer Property" as indicated by the City Attorney. The motion was seconded by Councilmember Bohn. Roll call vote: Hall - Yes; Bohn - Yes; Loveland - Yes. The motion carried. I The "Easement for Bicycle and Pedestrian Access" provides that CPI will construct a bicycle/walking path, and the City will be responsible for maintenance and repair. There is an indemnification and hold harmless clause. The City is required to have liability insurance in limits of not less than $3,000,000. The City's liability insurance is $2,000,000 each and every loss and/or occurance with $3,000,000 in aggregate annually. The agreement needs to be changed to $2,000,000. There is a relocation and a discrimination clause. Details of the path were discussed, and the plans were reviewed. Councilmember Loveland moved to accept the "Easement for Bicycle and Pedestrian Access"with the discussed changes of the liability limit to $2,000,000 versus $3,000,000. The motion was seconded by Councilmember Hall. Roll call vote: Loveland - Yes; Hall - Yes; Bohn - Yes. The motion carried. Gawn Reid, 3235 Ross Avenue, addressed the Council regarding Peterson Park and the drainage area on Ross. Peterson Park is deteriorating. The playground equipment is in poor condition and needs repair and/or replacement. A light pole has fallen over and left for sometime. Safety of the children is a major concern, and Mr. Reid inquired about what the City plans to do. Public Works Director Wadsworth advised the light pole will be replaced with the help of Utah Power. Councilmember I Loveland responded on the playground equipment. The budget does not provide for purchase of new equipment at this time. Loveland and Wadsworth agreed to do a walk through Peterson Park and the other parks to make maintenance plans. Mr. Reid also inquired about what the City plans do do with the curbs and gutters along Ross and other areas. Ponds of water accumulate. It is the homeowner's responsibility to replace curb and gutter. Councilman Hall agreed to evaluate the Ross Avenue area. Engineer Benton presented the original plat for Tie Breaker Village Division No. ~ approved by the City Council on March 18, 1993. The plat was never recorded with Bonneville County and a reapproval is requested so it can be recorded. There are three revisions to the plat reviewed by the Planning and Zoning Commission and recommended for approval. Councilman Hall moved to reapprove the plat for the Tie Breaker Village Division No. 8 with the changes noted on the revised document. The motion was seconded by Councilmember Bohn. Roll call vote: Hall - Yes; Bohn - Yes; Loveland - Yes. The motion carried. I I I 45 April 4. 1996 Reports: Public Works Director Wadsworth reported all the fire hydrants have been removed from Teton Plaza Mobile Home Park. Scheduling is being worked out for park improvements. Costs are being collected for intersection replacement. Well No. 6 should soon be ready to be put back together. Councilmember Bohn questioned Attorney Anderson about prosecutions. She expressed concern that citizens state it doesn't matter whether or not a person is issued a citation because the citation does not get prosecuted. Attorney Anderson advised whatever is filed at the Court gets prosecuted. Todd Erikson has been representing Ammon in prosecutions but Brian Tucker is replacing him. Engineer Benton updated the Council on Well No.8 progress. down the operation. but drilling should begin next week. be relocated is huge. The weather has slowed The ditch that needs to Fire Chief Clarence Nelson reported Chuck Howley. Training Officer. travels throughtout the state and he observed the Leadore Fire Department is badly in need of equipment. He suggested that the Ammon Fire Department consider donating some no-Ionger-in-use equipment to Leadore. Ammon has recently purchased new Draeger breathing equipment. and there are four survivair units that can be sold or donated. If the equipment is sold. there is a concern about what standard Ammon wants the buyer to meet in order to release Ammon from liability. It was agreed that it would be better to donate the equipment to Leadore and to require an acceptance without any warranty. The Fire Department was asked to assemble a list of surplus equipment. (A copy of the equipment list is attached.) Attorney Anderson agreed to prepare an acceptance agreement to release Ammon from liability. Greg Maeser attended meeting to plead the cause of Western Boys Baseball for ball diamond improvements. Maeser requested permission to walk through the parks with Councilmember Loveland and David Wadsworth during their inspection. Claims were approved. Councilmember Loveland moved to adj ourn the meeting. and the motion was seconded by Councilmember Hall. The meeting was adjourned at 8:40 P.M. C~-Q ATTEST ~.(Z-2~ CITY CLERK t/ 46 April 4, 1996 First above all. I would like to thank the Mayor. City Council. city employees. and fellow members of the fire department for all of the support you have given me over the past several months. It is greatly appreciated. Within the past year. problems of a personal nature have inhibited my ability to perform my duties as Chief. These problems plus several others within the past few months completely overpowered me and it was at this time I asked permission to temporarly step down. Since that time. I have seriously looked at my position and that of the department. I Within the next several weeks. I will be admitted to the hospital for cervical spine surgery which will have me layed up for a minimum of 3 to 4 months. Along with this. I am still under-going therapy for several on-going problems, so at the present time I have no idea when I would be able to take over as Chief again. These problems also affect the department. The members have enough to worry about with training and what the next fire will bring, they do not need the additional worry of who they will report to next week. or next month. I therefore ask that following this statement. the Mayor and City Council accept my letter of resignation as Chief of the Ammon Fire Department. To silence the fears I am sure are running wild through the Acting Chief, I am not 'resigning from the department, just from the position of Chief. I love this department and it's members to much to just disappear. As my last official act as Chief. I would ask the Mayor and City Council approve and appoint my recommendations for the positions of Chief and Assistant Chief. My two recommendations have served as both firefighters and in command roles. They are both well liked by the department members but they both have the ability to seperate command from friendship when it is needed. In the past several months. both have been asked to perform well beyond the scope of their current duties. Both accepted these responsibilities with professionalism and gave 100 percent of their ability. I therefore recommend that Clarence Nelson be appointed Chief of the Ammon Fire Department, and Robert Farrow be appointed Assistant Chief of the I Ammon Fire Department. In closing I would like to say Thank You for all the support you have given me during my tenure as Chief and allowing me the opportunity to serve both the city and citizens of Ammon. Thank You. I I I I 47 April 4, 1996 DONATIONOFEQUWMENT WHEREAS, the City of Ammon and the City of Ammon Fire Department have certain equipment that has been deemed and declared surplus, and the City of Leadore and Leadore Fire Department desire to utilize such equipment in their training and fire prevention and have examined and inspected such equipment; NOW THEREFORE, the City of Ammon and the City of Ammon Fire Department do hereby donate and contribute to the City of Leadore and Leadore Fire Department the equipment listed on Exhibit A, attached hereto and made a part hereof. Said equipment is given by the City of Ammon and accepted by the City of Leadore in an "AS IS" condition without representations or warranties of any kind or nature. The City of Leadore and the Leadore Fire Department, by accepting such equipment, acknowledge ~they have inspected and examined such equipment, know the condition thereof, and accept the same in the condition it now it and further shall indemnify and hold harmless the City of Ammon and the City of Ammon Fire Department from and against any and all claims made or to be made arising from the use or the condition of said equipment. IN WITNESS WHEREOF, this document has been signed pursuant to duly authorized resolutions of the city councils of said cities. DATED: .1/ - / g - 7 ~ CITYOF~~ OARD. Mayor ATTEST: ~ ALENEJENS '~ CITY OF AMMON FIRE DEPARTMENT DATED: li- I ~- q b ~~ IJJ/l By: CLARENCE NELSON, Chief CITY OF LEADORE DATED: Lj-13-9~ ~~J~ ~ 'yy-..d~ By: Its: ATTEST: By.~~ ~ Its:C' (}-\.u-..P'. 51 l LEADORE FIRE DEPARTMENT DATED: 4 _\ ~ - ~ Le /'1 By: ~z..L-.v e, Its: Ch~i ~~~ - L:\WIA\AMMON\DONATIONDOC 48 April 4, 1996 EXHIBIT A LIST FOR LEADORE VOLUNTEER FIRE DEPARTMKNT 4 Spanner Wrenches 1 Hydraut Wreuch 3 Nomax Hoods 3 - Ii II Nozzles 1 - 2i" Nozzle 2 Male X Male 2i" Coupler 1 Female X Female 21" Coupler I 7 Pair 3/4 Length Hip Boots 6 Turn-Out Coats 8 Turn-Out Pants 9 Fire Fighter Helmets 2 Ga. Smoke Fans 2 12v Sealed Beam Lanterns 2 1" Boo.ter Reels C.)I S /I' SCBA Mark 2 Survivair Air (.,)1 iJ- Z SCBA Bottles 60 Feet li" Fire Hose CITY OF AMMON FIRE DEPARTMENT I n. 11 - JJ .'11 /' \!.,/~ --t( ,~ . By: CLARENCE NELSON, Chief LEAD ORE FIRE DEPARTMENT By: ~ P- ~~ Its: "~~. 0.. . ~ t' I I I I 49 4 April, 1996 To: Bruce Ard, Mayor From: Cal L. Smith, Chief Subject: Resignation as Chief of the Ammon Fire Dept. Due to my current mental and physical condition, I feel I am unable to continues my duties as Chief of the Ammon Fire Department. I ask that you accept my resignation effective this date. ~'~ Cal L. Smith