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Council Minutes 9/12/2006 (96) I I I 170 December 17, 1997 CITY OF AMMON December 17, 1997 Minutes of the Regular Meeting of the Mayor and City Council: order by Mayor C. Bruce Ard at 7: 30 P.M. in the City Road, Ammon, Idaho, with the following City Officials The meeting was called to Building, 2135 South Ammon present: Mayor C. Bruce Ard Councilmember W. Lee Bean Councilmember Sherrill C. Bohn Councilmember Steven J. Loveland Engineer David E. Benton Public Works Director David Fire Chief Clarence Nelson City Clerk Aleen C. Jensen Deputy Clerk Barbara Ellis Wadsworth Others Present: Deborah Merrill, 3370 Southwick Lane, Ammon Harvey Crandall, 3550 Brookfield Lane, Ammon Judy Brower of Galusha, Higgins and Galusha Michael Snyder of Galusha, Higgins and Galusha Absent: Councilmember Ira K. Hall Attorney W. Joe Anderson The Pledge of Allegiance to the Flag was directed by Councilmember Loveland, and Councilmember Bean offered the invocation. Following the municipal election on November 4, 1997, Deborah Merrill proposed that City of Ammon consider adopting an ordinance to require a runoff election if no mayoral candidate receives a majority of votes. The City Council requested Mrs. Merrill to do some research on runoff elections and to report back on her findings. The City of Idaho Falls does not have an ordinance requiring a runoff election, however, Mayor Milam won with a majority of votes. City of Pocatello and City of American Falls both had runoff elections this year, but the results did not change. Runoff elections were discussed with the City Clerk of American Falls and the City Clerk of Pocatello. A sample ordinance was obtained from City of Pocate1lo. The Pocatello ordinance reads, "A maj ority of the votes cast for the office of mayor shall be required for election to that office. In the event no candidate receives a majority of the votes cast, there shall be a runoff election between the two can- didates receiving the highest number of votes cast." Idaho Code 50-612 authorizes that "A city may, by ordinance, provide that a maj ority of the votes for any can- didate running for the office of mayor shall be required for election to that office." No i.nformation was obtained on cost of a runoff election, but it was estimated a runoff e1eeti.oll would cost about the same as a general election. Both cities reported that the voter turn out was about the same for both elections. Councilmember Bean December 4, 1997. Bean - Yes; Bohn - moved to approve the minutes of City Council Meeting held The motion was seconded by Councilmember Bohn. Roll call vote: Yes; Loveland - Yes. The motion carried. No action was taken on Joe Belnap's request to make a video of the City of Ammon. The Council requested that Mr. Belnap submit some cost quotes. Judy Brower of the accounting firm of Galusha, Higgins and Galusha presented a report of their audit of the general purpose financial statements of the City of Annnon as of and for the year ended September 30, 1997. Mike Snyder of Galusha assisted with the report. Copies of the audit were circulated, and each page of the report was reviewed for the Council. The audit includes Ammon Urban Renewal Agency as a component unit. The audit was conducted in accordance with generally accepted auditing standards and the standards applicable to financial audits contained in "Government Auditing Standards", issued by the Comptroller General of the United States. City of Ammon is in good financial condition. Councilrnember Bean moved to accept the audit of the financial statements for the year ended September 30, 1997, as performed by Galusha, Higgins, and Galusha subject to a potential correction in Note M as discussed pertaining to the annual fee on the letter of credit (component unit). Lhe motion was seconded by Council- member Loveland. Roll call vote: Bean - Yes; Loveland - Yes; Bohn - Yes. The motion carried. Councilmember Bean moved to approve renewal for 1998 of a retail store license and a license for sale of beer bv the bottle for Ammon Speedi Mart and for Legends. The motion was seconded by Councilmember Bohn. Roll call vote: Bean - Yes; Bohn - Yes; Loveland - Yes. The motion carried. Councilmember Bean moved to amend the motion to include approval of renewals for 1998 of the license for a retail store and for sale of beer by the bottle for Wright Stop subject to proper application. The amendment to the motion was seconded by Councilmember Bean. Roll call vote: Bean - Yes; Bohn - Yes; Loveland - Yes. The amendment to the motion carried. 171 December 17, 1997 Mayor Ard reported that he met with Jeff Summers of East Central Idaho Planning and Development regarding a grant for a fire station. Jeff Summers plans to pursue a block grant, but it will not be submitted until next fall. Figures will be collected before the 1999 Fiscal Year budget is put together. The Fire Department plans to help with a door-to-door survey. Jay Johnson has proposed to divide some lots in the Stonehaven Subdivision to allow additional units in the cul de sac areal areas. The proposal was discussed for information purposes, and Mr. Johnson has been referred to the Planning and Zoning Commission for a recommendation. Deputy Clerk Barbara Ellis expressed concern that the City Office records are incomplete for building inspections and certificates of occupancy. She proposed Larry Schuldt, building inspector, continue to check building plans and provide I permit fee amounts. Then he should stamp the office copy of the plans to show it has been checked and any problems noted. The City Office will set up the permit on the City computer. As an inspection is done, the office will receive the inspection notice to record on the computer. Each month the office will figure the percentages for inspections completed and make payment to the inspector according to the records provided. Until the certificate of occupancy is issued only 80% of the total fee will be paid to the inspector. The certificate of occupancy is to be completed on a form provided by the City. When an inspection is done, there should be some method to advise the contractor. The City Council accepted the proposal as an administrative policy, and Larry Schuldt is to be so notified by letter that the policy is effective January 1, 1998. This action should strengthen the building inspection program. When final settlement with Rand S Construction for Well No.8 was considered, Reed Hill sent a letter to explain his views on the project. The Council was of the opinion there were discrepancies in the dates Hill used in his letter. Recently Hill contacted Public Works Director David Wadsworth regarding the dates. David Wadsworth reviewed the dates in the letter, and he believes the dates supplied by Hill are correct. Regarding witholding money for liquidated damages because of delay in completion of the project, Hill has left it up to the City to treat him as fairly as possible. If the City does not feel they owe him money, he will accept that decision. The Council discussed the issue in an effort to determine if the delay was the contractor's fault or if the City shared responsibility for holding up the contractor. Councilmember Bohn moved to split the difference I because of so many discrepancies and previous decisions were not based totally on fact and to pay R & S Construction 50% of the amount witheld for liquidated damages. The motion was seconded by Councilmember Loveland. Roll call vote: Bohn- Yes; Loveland - Yes; Bean - Yes. The motion carried. Reports: David Wadsworth reported for Public Works. Bonneville County Animal Control has offered to sell their box for the back of the animal control truck for $200. It is necessary to make some adjustments on the packer on one of the garbage trucks to redistribute the weight. First Street Welding will cut the frame off and slide the bed up 18" for approximately $500. This change will help tire wear. Well No. 3 and Well No. 8 have been worked on. Required water samples for inorganic chemicals have been completed. Waterline repair continues. Ray Suitter promised to discuss with his mother about annexing the property where her house is located on First Street. Engineer Benton discussed the annexation of the Ashment property. The legal description is being checked to make sure all of First Street is included. Ordinance No. 254 will be published as soon as the exhibits showing descriptions are accurate. The development agreement has been signed. The Idaho Transportation Department has advised that Idaho has designated Friday, December 19, as "National Lights on for Life Day." This action will call attention to the importance of measures directed at preventing drunk and drugged driving and in memory of victims of this crime. The City Office will be open Friday, December 26, 1997, and Friday, January 2, 1998. Also, garbage will be collected on these days. I Fire Chief Clarence Nelson reported the Fire Department has the opportunity to attend the National Fire Academy in Boston. This is a six day class sponsored by the federal government. They pay for everything except food, but they require participants to pay air fare upfront and then they reimburse. Six of the firemen plan to apply provided the Council will approve advancing the air fare from the Fire Department's training budget. When the reimbursement is made, the Department wants the money deposited back in their 1998 FY training budget. Approval was given. I I I Councilmember Loveland by Councilmember Bohn. ATTEST 172 December 17, 1997 moved to adjourn the meeting, and the motion was seconded The meeting was adjourned at 9:30 P.M. ~~~ a't:<~L?J (!/htt- U~ CITY CLERK /// L~.."'