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Council Minutes 9/12/2006 (55) I I I 25 January 18, 1996 CITY OF AMMON January 18, 1996 Minutes of the Regular Meeting of the Mayor and City Council: called to order by Mayor C. Bruce Ard at 7:30 P.M. in the City South Annnon Road, Annnon, Idaho, with the following City Offica1s The meeting was Building, 2135 present: Mayor C. Bruce Ard Counci1member W. Lee Bean Counci1member Sherrill C. Bohn Counci1member Ira K. Hall Counci1member Steven J. Loveland Attorney W. Joe Anderson Engineer David E. Benton Public Works Director David Fire Marshal Robert Farrow City Clerk Aleen C. Jensen Wadsworth Others Present: Wayne Baker, Market Development, Eastern Idaho District BFI (Browning Ferris Industries) Waste Systems Roger LePrey, District Manager BFI Larry Holmquist, Utah Power Mark and Amy Price, 3945 Ross Avenue, Annnon John Tall, Scout Devin Merritt, Scout Randy Flegel, Safety Officer for Annnon Fire Department The Pledge of Allegiance to the Flag was directed by Counci1member Bohn, and the invocation was offered by Counci1member Hall. Amy Price, 3945 Ross Avenue, requested a home occupation permit to engage in the sale of distressed items. For taxing purposes, the operation will be known as Savings Plus. Customers will not be coming to the Price home. The Prices will be going to the customers. Orders will be received by fax. The items will be shipped to the customer direct from Salt Lake City, but some items may be shipped to Prices and they will deliver. There will be no storage of items. There will be no outside employees. Counci1member Hall moved to approve a home occupation permit for Amy Price, 3945 Ross Avenue. The motion was seconded by Counci1member Bean. Roll call vote: Hall - Yes; Bean - Yes; Loveland - Yes; Bohn - Yes. The motion carried unanimously. Larry Holmquist of Utah Power inquired about the franchise agreement between City of Annnon and Utah Power. He was of the opinion that the franchise agreement expired in 1995, and he requested the City and Utah Power renegotiate as soon as possible. The legal counsel for Utah Power prepared a draft of a standard franchise agreement for Annnon to consider. It was explained the agreement can provide for a franchise fee for Annnon if the City so desires. Counci1member Hall recalled the Council had considered renewal of the Utah Power franchise agreement a few years earlier. A check of the City files determined the franchise agreement with Pacificorp (parent company of Utah Power) was renewed by Ordinance No. 223 approved by the Mayor and City Council on July 18, 1991, and published in the Post Register on July 28, 1991. Ordinance No. 223 specifies the term of the agreement is until July 2, 2016. The agreement does not include a franchise fee/tax, but it does allow amendment to the agreement if the Council deems advisable. The agreement was accepted in a letter signed by John A. Bohling, Senior Vice President, Pacificorp, dba Utah Power and Light Company. Wayne Baker introduced himself and Roger LePrey as representatives of BFI. Mr. Baker is in charge of Market Development in the Eastern Idaho District and Roger LePrey is District Manager. BFI (Browning Ferris Industries) is one of the largest solid waste companies in the world. They have purchased American Recycling, McCafferty's Refuse Disposal, and Snake River Sanitation. BFI wants to be a good neighbor, and they offered their service to help the City of Annnon at any time. At issue is the placement of two newspaper recycling boxes within the City limits of Annnon without permission. One is located at Kmart, and one is located at Albertsons. There is concern that these two newspaper recycling boxes create a conflict of interest with the Annnon Volunteer Recycling Program. It is planned that the return from these newspaper recycling boxes will go to the Annnon recycling fund. Permission was requested to keep the two newspaper boxes in place and to place a third box next to the Annnon Recycling boxcar. The Council did not have a problem with the request, but Russell Swensen has been supervising the existing program, and he needs to have input in the decisions. The City will realize a lesser return from the BFI boxes because BFI will be responsible to transport materials to the recycling center rather than the volunteer group handling transportation. Counci1member Loveland agreed to follow up with Russell Swensen. Also, Mr. Baker stated BFI is very much interested in privatising Annnon' s solid waste haul. They would like the opportunity to make a proposal to haul the residential and connnercia1 garbage in the City of Annnon. BFI would utilize an 26 January 18, 1996 automated collection system. BFI, and the City Clerk was assist him in putting together The City Council agreed to look at a proposal from instructed to provide information to Mr. Baker to a proposal. Councilmember Loveland moved to allow BFI to place newspaper recycling boxes at Kmart, Albertsons, and the Ammon Recycling boxcar by McCowin Park with a portion of the proceeds to be paid to the Ammon Recycling project subject to approval of Russell Swensen. Councilmember Hall seconded the motion. Roll call vote: Love- land - Yes; Hall - Yes; Bean - Yes; Bohn - Yes. The motion carried unanimously. The Council inquired about types of recyclable items and Mr. Baker responded. Mayor Ard welcomed the two Boy Scouts. Scout John Tall introduced himself and Scout Devin Merritt and explained the purpose of their attendance at City Council meeting. Councilmember Bean moved to approve the minutes of City Council Meeting held January 4, 1996. The motion was seconded by CoundOmember Bohn. Roll call vote: Bean Yes; Bohn Yes; Loveland Yes; Hall Yes. The motion carried unanimously. In the review of the minutes prior to approval, Councilmember Bohn recommended the Council and the City Office consider upgrading programs and equipment to put the minutes on computer. Also, it was brought out that the. suggestion for installing one of the new street lights on Sabin Drive was omitted. A discussion of the possible street light locations followed. It was concluded that the Councilmembers should drive around the City after dark and then submit their recommendations for street light locations. Mayor Ard emphasized that everyone wants a street light, no one wants the light on their property, and the Council needs to give consideration to where the street light will do the most good. Priority areas for new street lights are Brookfield Lane and the northwest corner of McCowin Park near the walking path. Attorney Anderson reported some progress is being made to complete the agreement for the First Street waterline extension. The term for repayment by the property owner, whether or not development occurs, has been extended to ten years. Robert Suitter and Ray Suitter have both accepted the agreement but Stephen Marano has been unavailable. Councilmember Hall agreed to accept the assignment to represent the Mayor and City Council at the Planning and Zoning Commission meetings. Mayor Ard recommended that Russ Bennion, 440 Advantage Lane, be appointed as a member of the Planning and Zoning Commission to finish the term of Kathy Dansie. When Bennion was first considered, there was a question about whether or not he had resided in Bonneville County long enough. Attorney Anderson researched Idaho Code, and the requirements have been changed to specify two years residency rather than four years. Therefore, Russ Bennion meets the residency requirement, and he should be an asset because he has had zoning experience. Councilmember Hall moved to accept the recommendation of the Mayor to appoint Russ Bennion as a member of the Planning and Zoning Commission to complete the term of Kathy Dansie which expires February 28, 1997. The motion was seconded by Councilmember Loveland. Roll call vote: Hall - Yes; Loveland - Yes; Bean - Yes; Bohn - Yes. The motion carried unanimously. There is still a need for one more Planning and Zoning Commission member to serve for a term of three years. Councilmember Bohn suggested that Renee Miner be considered. Mayor Ard agreet to check out the suggestion. The Planning and Zoning Appreciation Dinner was planned for Tuesday, February 6, 1996, at the Sandpiper. The City Office was instructed to proceed with the planning details. City Clerk Jensen asked for permission to destroy records which include the receipts and the waivers for the Knothole Baseball Program and the Girls' Softball Program dated before 1991. Destruction of these records was approved. The Council agreed with Attorney Anderson's approval that semi-permanent records of this type may be destroyed after five years. As a matter of policy, the minutes should reflect when such records are destroyed, but Council approval does not need to be obtained each time. Destruction of records of a permanent nature should be brought before the Council. Councilmember Bohn agreed to serve as Ammon's representative on the AIC Legislative Committee. Reports: operating swimming David Wadsworth reported a scuba diving school, and pool for under the ice for Public Works. Keith Christensen is he has requested permission to use the Ammon training. Attorney Anderson advised I I I I I I 27 January 18, 1996 that permission can be granted provided Mr. Christensen indemnifies the City and provides adequate liability insurance. The City crew is prepared to handle snow removal. Snow removal procedures, parking policies, and enforcement of the ordinances were discussion items. Attorney Anderson suggested the Council adopt a resolution concerning the reimbursement of expenditures for utility lines that are put in passed undeveloped property which is later developed. If there is not any reimbursement procedure, the developer has a "free ride" for development costs. This has been brought to City attention with the extension of the First Street waterline. A draft resolution was presented for Council review and recommendation prior to consideration as an agenda item at the next Council meeting. Eric Davis planned to attend City Council Meeting, but due to a change in business plans he decided to return to Boise early. Target has requested the City of Ammon to amend the development agreement entered into on October 4, 1994 by and between City of Ammon and CPI/ Ammon Limited Partnership as amended by a Supplement to Development Agreement dated October 25, 1995. The purpose in amending the agreement is Target/Corporation does not want to be personally responsible to fulfill the requirements of the development agreement. They will accept and be subject to the conditions of the development agreement but they do not want to be obligated for development of the total property. Attorney Anderson presented a faxed copy of a letter explaining the Target Supplement. The Council was asked to study the letter and the Target Supplement will be scheduled for consideration at Council Meeting on February 1, 1996. Councilmember Bean asked whether or not there should be a performance bond. At this time, the City may still be able to request one, but it is questionable about enforcement. The development agreeement does constitute a lien against the property. Attorney Anderson pointed out that City of Idaho Falls has issued their annual sewer report and, based on an engineering study, the sewer treatment and operation/maintenance rates could be increased considerably. Attorney Anderson asked if the Council was interested in negotiating or requesting a conference before an increase is accepted. Also, Engineer Benton discussed the annual sewer report prepared by the City of Idaho Falls Sewer Department for the year 1995. A study has been completed by CH2Hill to recommend sewer rate increases to cover the cost of the new dechlorination system. Directors of the Iona Bonneville Sewer District are objecting to adoption of the increase in rates proposed by CH2Hill, and they have requested a meeting to review all the facts and figures before any rate increase is adopted. Mayor Ard asked the City Clerk to prepare a letter to the City of Idaho Falls to request that the City of Ammon be included in such a sewer meeting. Attorney Anderson agreed to secure a copy of the letter which the Sewer District sent to the City of Idaho Falls as a guide for Ammon's letter. The City Clerk reported that Teton Plaza Mobile Horne Park has paid their utilities account current. AIC is conducting a workshop for newly elected officials on Thursday, January 25 in Pocatello. Claims were approved. Fire Marshal Robert Farrow introduced Randy Flegel as the Safety Officer for the Ammon Fire Department. The primary fire engine is experiencing alternator problems, but should be back in service this weekend. Councilmember Bohn reported on a visit with a representative of Rex's Audio-Video- Appliances. It was indicated Rex's may not proceed with their plans to build a large warehouse in Ammon. They are looking at building in Wyoming where taxes are supposedly lower. Mayor Ard met recently with Key Bank employees. They proposed putting together a special package of bank services available for City employees. The Mayor agreed to distribute a package to each of the employees, but it would be up to the individual to pursue any interest. Councilmember Hall Councilmember Bohn. moved to adj ourn the meeting, and the motion was seconded by The meetng was adjourned at 9:00 P.M. ~ ATTEST /1 ,;/ / /2'./1. e ~_l.', .~.....-J CITY CLERK /