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Council Minutes 9/12/2006 (89) I I I 147A September 4, 1997 CITY OF AMMON September 4, 1997 Minutes of the Public Hearings and the Regular Meeting of the Mayor and City Council: The meeting was called to order by Mayor C. Bruce Ard in the City Building, 2135 South Ammon Road, Ammon, Idaho, at 7: 30 P.M. with the following City Officials present: Mayor C. Bruce Ard Counci1member W. Lee Bean Counci1member Sherrill C. Bohn Counci1member 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: Cory Brighton, 3220 Rawson Street, Ammon Bruce and Jared (Scout) Ball, 4085 Wanda Street, Ammon Theone Smith, 2149 South Ammon Road, Ammon Mark Johnson, Idaho Homes R. Wayne Hansen, 3785 Geneva Drive, Ammon Absent: Counci1member Ira K. Hall Counci1member Bohn led the Pledge of Allegiance to the Flag, and Counci1member Loveland offered the invocation. Mayor Ard opened the Public Hearing of the City Council acting as the Board of Adjustments to consider the request of R. Wayne Hansen, 3785 Geneva Drive, for a sideyard variance to allow him to build a single car, attached garage three feet (3') from his property line. Notice of Hearing was published in the Post Register on August 18 and 25, 1997. Property owners within three hundred feet (300') were mailed notices of the hearing. Mayor Ard swore in Hansen to present testimony. No other parties in interest were present to speak for or against the request. R. Wayne Hansen explained his request. The Hansen's lot has a seventy foot (70') frontage, and his existing house takes up forty-four (44'). This does not leave enough room to add a garage and to observe the sideyard requirements of the R-l zone. If the request is granted, there will be twelve feet (12') between Hansen's house and their neighbor's house. Other properties in the neighborhood have ex- perienced a similar problem. The Planning and Zoning Commission recommended approval of the variance. Mayor Ard closed the Public Hearing and called for a motion. Councilmember Bohn moved to approve the sideyard Geneva Drive, to allow him to add a single car motion was seconded by Counci1member Loveland. land - Yes; Bean - Yes. The motion carried. variance for R. Wayne Hansen, 3785 garage to his existing house. The Roll call vote: Bohn - Yes; Love- The second item of business before the City Council acting as the Board of Adjustments was a request from the Snake River Montesorri School for a conditional use permit to allow a single wide trailer for an additional classroom. A member of the school's Board of Directors contacted the City Office sometime ago about the possibility of using a trailer, but no one followed through with an application. However, the trailer has been moved on and is in use. This creates a non-conforming use, and the school wants to know what action they need to take in order to continue to use the trailer for a year until they are able to build on to their existing facility. The Planning and Zoning Commission reviewed the request, and they did not have a problem with granting a conditional use permit provided it is granted for one year. Granting a conditional use permit requires a Public Hearing before the Board of Adjustments. Since the trailer is already in place, the Council discussed whether or not to require a Public Hearing before acting on the request. Attorney Anderson advised the Council to follow the public hearing process. The City Clerk was directed to advertise a Public Hearing for Thursday, October 2, 1997. The trailer will be allowed to remain in use until action is completed. The Fire Marshal was asked to do a fire inspection on the trailer, and the Building Inspector was asked to inspect to see that ADA standards are conformed with. The Board of Adjustment business was concluded, and the Regular Meeting of the Mayor and City Council continued. Theone Smith, 2150 South Ammon Road, reported that she had resolved the problem with the legal description and recording of proper ownership of her property. Councilmember Bean reprimanded Engineer Benton for neglecting to help correct the problem as requested by the City Council. 147B September 4, 1997 Mayor Ard opened the Public Hearing on the proposed budget for the fiscal year 1998, conunencing October 1, 1997, and ending September 30, 1998. Notice of the Budget Hearing was published in the Post Register on August 26 and September 2, 1997. Proposed revenues and expenditures were reviewed by individual fund. There were no parties in interest to add input for or against the proposed budget. Counci1member Bean moved to approve the 1998 fiscal year budget in the amount of $1,781,513.00 and September 18, 1997, was scheduled to pass the Appropriation Ordinance. Additionally, dedicated funds were estimated to be $581,503. The motion was seconded by Counci1member Bohn. Roll call vote: Bean - Yes; Bohn _ Yes; Loveland - Yes. The motion carried. The Council discussed the minutes of August 7 and August 21, 1997. Counci1member Bohn moved to approve the minutes of the City Council Meetings held August 7 and August 21, 1997. The motion was seconded by Counci1member Loveland. Roll call vote: Bohn - Yes; Loveland - Yes; Bean - Yes. The motion carried. Final settlement on Well No.8 has not been resolved. Rand S Construction has been paid except for $12,800.00 which is being held by the City for liquidated damages. Mayor Ard talked with Reed Hill recently, and there was some indication that he may be willing to compromise. I The 17th Street Asphalt Overlay Project is nearing completion. The striping needs to be done, and the manholes need to be brought up to specifications. It was re- conunended a letter be sent to BECO Construction Company to remind them the contract calls for a completion date of September 15 or be subj ect to liquidated damages of $500 per day. A representative of Minert and Associates, Inc., Drug/Alcohol Testing Consultants, has contacted the City about providing a drug testing service for our CDL drivers. The Council adopted a drug testing policy on April 3, 1997, but a testing program has not been initiated. Counci1member Bean moved to authorize Minert and Associates to provide drug testing services according to their proposal. The motion was seconded by Counci1member Bohn. Roll call vote: Bean - Yes; Bohn - Yes; Loveland - Yes. The motion carried. Counci1member Bean reviewed the various fees/rates charged by the City and the proposed increases. A Public Hearing has been advertised for Thursday, September 18, 1997, to allow citizen conunents. I The City Clerk presented Resolution No. 97-2, A RESOLUTION PROCLAIMING A GENERAL CITY ELECTION TO BE HELD ON TUESDAY, NOVEMBER 4, 1997, DESIGNATING THE POLLING PLACE, DESIGNATING THE REGISTRAR AND DEPUTY REGISTRARS, AND ORDERING THE CITY CLERK TO GIVE NOTICE OF SUCH ELECTION. Counci1member Bohn moved to approve Resolution No. 97-2, and the motion was seconded by Counci1member Loveland. Roll call vote: Bohn - Yes; Loveland - Yes; Bean - Yes. The motion carried. Public Works Director David Wadsworth obtained street repair quotes for asphalt removal and replacement of the intersection at Southwick Lane and Midway Avenue; asphalt leveling course and chip seal of Southwick Lane between Midway and Cabe11aro; and asphalt leveling and chip seal of Circle S Drive between Midway and Cabe11aro. The quotes were as follows: H-K Contractors, Inc. TMC Contractors, Inc. L. N. Johnson Paving Co. $20,762.00 $21,086.20 $30,049.00 Counci1member Loveland moved to accept the low bid from H-K Contractors in the amount of $20,762 for street repairs on Southwick Lane, Circle S Drive, and Midway Avenue. The motion was seconded by Counci1member Bean. Roll call vote: Love1and- Yes; Bean - Yes; Bohn - Yes. The motion carried. Mark Johnson, developer, and David Benton, Engineer, presented the final plat for Stonehaven Division No.3. Engineer Benton represented the developer and not the I City for this presentation. Future development plans for the area were discussed. It was reconunended that plans include a site for a future well and a site for a park. Mark Johnson pointed out that, if the City is planning for an additional well in that area, they should consider extending a larger power line to acconunodate a well while the trench for the power line is open. Engineer Benton promised to discuss the possibilities with Utah Power. Division No. 3 development plans are the same as Division No. 1 and Division No.2. Also, the same restrictive covenants will apply. The property is zoned R-1. The Planning and Zoning Conunission reconunended approval of the final plat for Division No. 3 at their meeting on September 2, 1997. Counci1member Bean moved to approve the final plat for Stonehaven Division No. 3 as presented. The motion was seconded by Counci1member Loveland. Roll call vote: Bean - Yes; Loveland - Yes; Bohn - Yes. The motion carried. I I I 148 September 4, 1997 Reports: David Wadsworth reported for Public Works. The walking path has been seal coated. Pipe has been ordered for a sprinkler system in Peterson Park. Some trimming has been done on East 17th Street. Mayor Ard requested Ammon Road be trimmed one more time before winter. Some dirt has been hauled in the area by the recycling box car in McCowin Park. Councilmember Bean recommended public notifi- cation prior to and during street repairs on Southwick Lane, Circle S Drive, and Midway Avenue. The traffic may need to be rerouted. Councilmember Bohn called attention to the Halloween Night Open House in 1996. She inquired if the Council thought it would be a good idea to persuade the Fire Department to plan something for Halloween this year. The Council agreed it would be a good public relation activity. An idea for a Fire Department fund raiser would be a Craft Fair in the City Building basement. Councilmember Bean advised Peterson Park ball field leveling should be complete by Monday. Plans are to sod on September 16. The south ball field area will be sodded, and the north ball field area will be left in dirt. After the leveling/sodding project is finished, the Little League teams should be cautioned not to bring extra dirt in next year. Fire Chief Nelson reported a new fire rating has been received from the Idaho Surveying and Rating Bureau. The protection class has improved to a 5. Formerly, class 6 applied and the new classification will result in a decrease in the fire insurance rates for many insured commercial properties within the city. The new protection class will be effective September 1, 1997. The Idaho Falls Dispatch has provided a monthly report of fire calls our department responded to. Mayor Ard received a letter from Idaho Outdoor Advertising advising they are going to do a public service campaign for being "drug free". This is a positive and worthwhile project. These billboards will be donated by Outdoor Advertising if there are locations in our city. Claims were approved. Counci1member Bohn moved to adjourn the meeting, and the motion was seconded by Counci1member Loveland. The meeting was adjourned at 9:30 P.M. ATTEST: ~(!'.Q~ CITY CLERK /'