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Council Minutes 08/16/1990 I I I Book 7-291 August 2, 1990 August 16, 1990 CITY OF AMMON August 2, 1990 Minutes of the Regular Meeting of the City Council: The meeting was called to order President, Greg J. Maeser, with the Council President Greg J. Maeser Councilman Harvey Crandall at 7:30 P.M. by Greg J. Maeser, Council following City Officials present: Public Works Director David Wadsworth City Clerk Aleen C. Jensen The meeting convened according to the established schedule, but due to the lack of quorum, no official business was conducted. Adjournment was at 7:45 P.M. ~~ UN NT ATTEST , aLGi! -t t.,../ (l:)) i--,ff../U.A,J CITY CLERK c:/ CITY OF AMMON August 16, 1990 Minutes of the Regular Meeting of the Mayor and City Council: The meeting was called to order following City Officials present: Mayor C. Bruce Ard Councilman Marvin J. Anderson Councilman Harvey Crandall Councilman Ira K. Hall Councilman Greg J. Maeser at 7: 30 P.M. by Mayor C. Bruce Ard with the Attorney W. Joe Anderson Engineer David E. Benton Public Works Director David Wadsworth Fire Chief Cal Smith City Clerk Aleen C. Jensen Others Present: Annette Hendrickson, 1810 Sabin Drive, Ammon D. Kent and Curtis (Scout) Godfrey, 3255 Western Avenue, Ammon Jeff Summers, E.C.I.P.D.A., Rexburg, Idaho Jim and Candy Turnbull, 3335 Taylorview Lane, Ammon Michael Nye, Utah Power and Light Company Shelley Office Gerald B. "Jerry" Mitchell, 3751 Marlene, Ammon The pledge of allegiance to the flag was directed by Councilman Anderson, and the invocation was offered by Councilman Crandall. The Public Hearing to consider a sideyard variance for Norma Johnson of 2260 Curlew, which was scheduled for this meeting before the City Council acting as the Board of Adjustments, was dismissed without action. Councilman Hall reported that the Planning and Zoning Commission met with Mrs. Johnson and her contractor, and they determined how construction could proceed without a variance. Jim and Candy Turnbull, 3335 Taylorview Lane, appeared at the request of the Council to review their business operations, Sunshine Sprinkler Systems, to determine if they are in violation of the City of Ammon's zoning ordinances. The City received a complaint that Turnbulls are operating a commercial enterprise in a residential zone. Councilman Maeser discussed the requirements of the zoning ordinances including those for home occupation permits. Turnbull's residence is located in an RP zone which does not allow either a commercial operation or a home occupation. Jim Turnbull explained his Sunshine Sprinkler business. He operates his business from the home, but no physical work is done at the home. Clerical work is done at home; phone calls are received at home, but mostly they are received by an answering service; and the business mail is addressed to a Post Office box. Installation equipment is parked at the house, and that is apparently the problem. Pipe was delivered to the house, but the practice has been discontinued and is picked up from the supplier as needed. It was determined that Sunshine Sprinkler Systems does not qualify as a home occupation; it is definitely a commercial operation, but the major portion of his business is conducted away from his residence. The Council advised Turnbulls to limit the storage of equipment at their residence. Two letters have been received from Melinda DeVoe, 9277 North 15 East, Idaho Falls, Idaho, regarding the swimming pool. One letter praised the swimming instruction program, and one letter expressed concern about the lack of a barrier between the viewing area and the parking area. Councilman Maeser 292 August 16, 1990 confirmed that a potential hazard exists and recommended that the Council ad- dress it. Public Works Director Wadsworth was asked to research possible barriers and to plan to have them ready for next season. Jeff Summers of Rexburg, Idaho, represented East Central Idaho Planning and Development Association to explain their program to assist cities and counties with needs they identify in their communities. They are involved with about sixteen projects per year in planning and financing. E.C.I.P.D.A. is a private, non-profit organization formed in 1976 with a Board of Directors made up of Mayors, County Commissioners, and private business people, and they serve nine counties. This program is funded with 2% public funds and the balance from contractors, etc. involved in projects. Mr. Summers expressed a willingness to be of service to the City of Ammon. I Annette Hendrickson, 1810 Sabin Drive, discussed the development of East Seventeenth Street. She pointed out the importance of landscaping and encouraged the Council to work toward making our community a pleasant, attractive place to live. She proposed that building permits for commercial development require landscaping, and that a buffer zone between commercial and residential areas be strictly enforced. Gerald B. "Jerry" Mitchell stated that the City should get a commitment from the developer and put "teeth" in the agreement for enforcement. He questioned whether Grand Teton Self Storage is keeping their original agreement when they decrease landscaping and become more and more involved in the parking and operation of their U-Haul trucks. They appear to be operating their U-Haul business on the street. Councilman Maeser recommended the City research their agreement and then proceed to enforce it. Curtis Godfrey, Boy Scout, requested approval of his Eagle Scout project to paint and stripe the door frames at Well No. 7 for the Fire Department. Also, he plans to pull weeds, level the area, and plant sod directly in front of the building. The Fire Department agreed to keep the sod watered. Godfreys also plan to contact H-K Contractors to see if they will donate some asphalt for a pad in front. The Council encouraged and praised Curtis on his proposed project. D. Kent Godfrey, 3255 Western Avenue, expressed concern about the Croston property at 3020 Western Avenue. The place appears to be abandoned, the weeds I are growing taller and taller, and junk around the house is an attractive nuisance. He recommended the property be inspected and condemned as uninhabitable. The Council discussed the problem, and the attorney advised on powers of the City. It was determined that Croston's building permit has expired, further construction on the house would require obtaining a new permit, construction would need to meet the building code, and a certificate of occupancy could not be issued unless the building passed inspection. The Council would have to initiate action to determine if a nuisance exists. Mayor Ard and Public Works Director Wadsworth agreed to visit the property and make a recommendation. Councilman Hall reported on the Planning and Zoning Commission meeting. They determined that Norma Johnson, 2260 Curlew would not need a sideyard variance to proceed with her house repairs. The Commission accepted the assignment to study home occupation permits and estimated a two months completion date. They reviewed and approved a preliminary plat for Dick Skidmore for property located on the north side of First Street across from Tie Breaker School. The plat is designed for approximately 110 lower priced homes. Hall reviewed the plat for the City Council, and they discussed drainage problems, curb and gutter requirements, pavement width, and general subdivision development requirements. Ron Folsom was elected Chairman of the Planning and Zoning Commission with Dick Bybee as Vice Chairman. Gerald B. "Jerry" Mitchell discussed the problem of residents taking advantage of their neighbors and the City when they violate the ordinances. There are I evidences allover the City of people who operate home businesses where the ordinances state they are not allowed, dogs are permitted to run at large, people have to put up with the neighbor's barking dog, and various other blatant violations. An example, Gordon and Sue Sorensen, 3776 Marlene, appear to be operating a commercial dog kennel on a non-commercial kennel license. The Council decided to request Sorensens to come to the next City Council meeting to have their kennel license reviewed. Michael Nye of Utah Power and Light Company encouraged the City of Ammon to participate in their street light purchase program. Presently the City uses 76 (9500 lumen) street lights at a cost of $15.87 each per month and 17 (27,500 lumen) street lights at a cost of $27.04 each per month. Purchase of the lights would reduce the City's cost about 50%, and it would take about three years to recoup the purchase price. Under the program, the City would own the fixture, and Utah Power would own the pole and the line. Utah Power would maintain. The I I I Book 7-293 August 16, 1990 City anticipates installing seven additional lights, and it would be advantageous to have Utah Power install them now at no expense for the City. After purchase, the installation cost of a new street light would be $1200. It was recommended that developers be required to include street lights in their subdivisions. The program can be set up for a buy-out or a lease-purchase. The Council plans to take advantage of the program, if possible, in the 1991 Fiscal Year budget. The minutes of Council Meetings held July 5, July 19, and August 2, 1990, were discussed. In the minutes of July 5, the paving requirements for alleys in old Ammon townsite to be opened for development were reviewed, and Attorney Anderson was instructed to modify Resolution 90-1 which he had prepared for Council action. If improvements are approved without curb and gutter, the pavement width should be thirty-one feet (31'). Councilman Crandall moved to accept the minutes as printed for July 5, July 19, and August 2, 1990, with the modification to the resolution on development of alleys. The motion was seconded by Councilman Maeser. Roll call vote: Crandall - Yes; Maeser - Yes; Hall - Yes; Anderson - Yes. The motion carried. The minutes were approved. Valley Bank has scheduled a luncheon to honor the former Mayors of Ammon on Thursday, August 23, at 12:30 p.m. at the Country Club. Following the luncheon, a reception for all the citizens of Ammon will be held at the bank from 2: 30 p.m. to 4:30 p.m. Mayor Ard brought the preliminary design plans for Ammon Road from Forsgren Associates. These plans will be available at the City Office for residents to look at. Input will be collected and the plans submitted to Boise for final approval. The Council discussed right-of-way acquisition and a tentative schedule. In the spring, the Sunnyside Road intersection will be completed first so it can be available for use while the rest of the road is closed for construction. Bonneville County contemplates covering the canal from Lincoln Road to 17th where it joins with Ammon. The State will not participate in the installation of new water service lines along Ammon Road. These are the City's responsibility. Mayor Ard recommended that Roger Stomme1 be appointed to fill the vacancy on the Planning and Zoning Commission created when Ira K. Hall was appointed to the City Council. Councilman Maeser moved to accept the Mayor's recommendation to appoint Roger Stomme1 to the Planning and Zoning Commission to fill the term expiring February 28, 1992. The motion was seconded by Councilman Cranda11. Roll call vote: Maeser - Yes: Crandall - Yes; Hall - Yes; Anderson - Yes. The motion carried. Deseret Mutual, owner of Eastgate Shopping Center since October, 1981, inquired about the status of the road known as Eastgate Drive running north and south through the shopping center parking lot. They are trying to determine if Eastgate Drive was ever formally vacated to the owner of Eastgate Shopping Center subj ect to the provision of alternate ingress/egress from Hitt Road to the Eastgate Mobile Village (Teton Plaza Mobile Home Park) and EZ Storage (Mini- Warehouse III). No formal vacating has occurred and Engineer Benton prepared a letter to send to Deseret Mutual in response to their inquiry. The Council was asked to study Ordinance No. 217 amending the zoning map prior to taking action. Engineer Benton recommended a change in the legal description of Lot 19 and 20 of Block 2 of the Southwick Addition. In June, Governor Andrus signed a proclamation to celebrate the 25th year of the Land and Water Conservation Fund program. L&WCF is a federal grant program which has provided financial and technical assistance to enable acquisition and development of outdoor recreation faci1ties and parks. McCowin and Peterson Park have been funded through this program. To celebrate this 25th year, Idaho Department of Parks and Recreation is asking each project sponsor to rededicate the property for recreational purposes. Attorney Anderson was asked to research the request and advise the Council. If the City decides to go ahead with this rededication, Engineer Benton recommended excluding the portion on the northwest corner of Midway and Southwick. The McCowin family has expressed a desire to make a gift to McCowin Park if the City will suggest some proj ect. Councilman Crandall was asked to contact Bernice McCowin to generate some ideas. Councilman Crandall has researched the expenses incurred by City Officials in the performance of their duties. He has determined some reimbursement of approximately $100 per month per person is justifiable. Attorney Anderson agreed to draw up a resolution on expense reimbursement for Council consideration. 294 August 16, 1990 Mayor Ard presented the 1991 Fiscal Year tentative budget figures that have been assembled from past records and projected plans. the figures were discussed line by line and compiled as follows: PROPOSED EXPENDITURES The following is an estimate set forth in said proposed budget of the total proposed and accruing indebtedness of the City of Ammon, Idaho, for the fiscal period October 1, 1990 - September 30, 1991. GENERAL FUND General & Administration .......................... Law Enforcement.................................... Fire Protection ................................... Building Fund...................................... Total General Fund............................ PARKS AND RECREATION FUND............................... WATER 0 & M FUND........................................ SEWER 0 & M FUND........................................ SANITATION FUND......................................... STREET FUND............................................. TOTAL PROPOSED EXPENDITURES............................. $ 124,550.00 81,450.00 57,800.00 11,400.00 $ 275,200.00 84,135.00 250,800.00 207,500.00 148,200.00 394,127.00 $1,359.962.00 I ESTIMATED REVENUE The estimated revenue for the City of Ammon, Idaho, for the fiscal period October 1, 1990 - September 30, 1991, is as follows: REVENUE FROM TAX LEVY: General Fund Levy....................................... Liability Insurance..................................... TOTAL TAX LEVY.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . State Revenue Sharing (Sales Tax) ........................... Sales Tax (Inventory Replacement)............................ Franchise Tax ............................................... Liquor Apportionment......................................... Building Permits............................................. Licenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mag i s t rat e C au r t. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Interest Earnings............................................ Bonds, Animal................................................ Bonds, Parking............................................... Recreation Fees.............................................. Wa t e r Fund................................................... S ewe r Fund................................................... Sanitation Fund.............................................. Highway Users............................................... County Road & Bridges........................................ Street Reserve Fund, Carry Overs & Miscellaneous............. TOTAL ESTIMATED REVENUE........................... $ 116,000.00 20,000.00 $ 136,000.00 106,200.00 5,200.00 16,600.00 14,100.00 10,500.00 2,500.00 7,000.00 15,000.00 1,500.00 100.00 51,635.00 250,800.00 207,500.00 148,200.00 131,127.00 6,000.00 250,000.00 $1,359,962.00 I Fire Chief Cal Smith was given the opportunity to express his opinions on the proposed Fire Department budget and his recommendations were given consideration. Councilman Maeser presented an alternate plan for Animal Control. Bonneville County would hire another Animal Control Officer and take over for a proposed cost to Ammon of $19,296.00. The Council agreed there were pros and cons for this plan, but Ammon could not afford that much during 1991 Fiscal Year. Councilman Crandall moved to approve the tentative budget for the fiscal period October 1, 1990 - September 30, 1991 as presented at $1,359,962 and to authorize the City Clerk to advertise the Budget Hearing for Thursday, September 6, 1990, at 7:30 p.m. at the City Building. The motion was seconded by Councilman Maeser. Roll call vote: Crandall - Yes; Maeser - Yes; Hall - Yes. Councilman Anderson left the meeting for work before the budget motion was made. The motion carried. The tentative budget was approved. I Mayor Ard expressed his opinion that this was a more agressive budget than normal. It includes prov~s~ons for a fire engine, road construction, street light purchase, City Building improvements, and salary increases. It has been worked out on paper, but depends on revenues received and wise use of funds. Reports: Public Works Director Wadsworth reported that the City of Ammon is still on line for striping East Seventeenth Street and chip and seal in the Hillview area by Bonneville County. Councilman Maeser has been preparing some rev~s~ons to the personnel polic~. He asked the Council's opinion about including Martin Luther King Day as a holiday. The Council agreed to include it as one of the ten legal holidays and to allow one additional special holiday to be determined by the Council. I I I Councilman Crandall moved to adjourn the meeting. motion. The meeting was adjourned at 10:25 P.M. Book 7-295 August 16, 1990 Councilman Hall seconded the O-.~~ MAY ATTEST /;. /" Ie? ~.Le ~i.J . CITY CLERK CITY OF AMMON September 6, 1990 Minutes of the Public Hearing and Regular Meeting of the Mayor and City Council: The meeting was called to order lowing City Officials present: Mayor C. Bruce Ard Councilman Harvey Crandall Councilman Ira K. Hall Councilman Greg J. Maeser City Clerk Aleen C. Jensen at 7:30 P.M. by Mayor C. Bruce Ard with the fol- Attorney Scott Hall Engineer David E. Benton Fire Chief Cal Smith Public Works Rep. Rick Williams P & Z Rep. Roger Stommel Others Present: Debbie Smith and Rion Kamana, 1960 Curlew, Ammon Sue Sorensen, 3776 Marlene, Ammon Julie Bean, 3858 Marlene, Ammon Henry S. Crumb, 2270 Curlew, Ammon Shawn Garbett, 2290 Dove, Ammon Absent: Councilman Marvin J. Anderson and Attorney W. Joe Anderson The pledge of allegiance to the flag was directed by Councilman Hall, and the invocation was offered by Councilman Maeser. Mayor Ard opened the Public Hearing on the 1990-91 Fiscal Year Budget. Advertising requirements for the Budget Hearing as prescribed by law were met. No public appeared to present testimony for or against. The City Office received one telephone call from Russell N. Swensen requesting that the budget continue, as in past years, to provide for a contribution to Community and Rural Transportation Inc. (C.A.R.T.). Councilman Crandall moved to accept the proposed budget as the final budget for the period October 1, 1990, through September 30, 1991. The motion was seconded by Councilman Hall. Roll call vote: Crandall- Yes; Hall - Yes; Maeser - Yes. The motion carried unanimously. The Public Hearing was closed and refular business continued. On July 7, 1988, the City Council approved a non-commercial kennel license for Gordon and Sue Sorensen, 3776 Marlene Street. Recently residents have expressed concern about whether or not Sorensen's operations comply with the City ordinances. Therefore, Sorensens were requested to meet with the City Council to review their non-commercial kennel license. Sue Sorensen explained that her operation is basically the same as when she originally applied. She breeds and shows Yorkshire Terriers. Her purpose in breeding is to improve the quality of the breed, but she can't keep all of the pups so she sells them. At the present time, she has fifteen dogs, ten adults and five puppies. The dogs are kept in the garage but they are put outside in a run for a few hours in the morning and again in the afternoon. The neighbors have expressed no negative comments to Sorensens. The complaints received by the City are about noise and the venture is commercial in an area not zoned for commercial. Mrs. Sorensen stated the dogs are her hobby, and her main interest is showmanship and not "substantially an ongoing business venture." The Council agreed to continue to observe the Sorensen operation, and they recommended that Sorensens visit with their neighbors to try to work out any problems. Roger Stommel reported on business conducted by the Planning and Zoning Commission at their meeting on Tuesday, September 4, 1990. Rich and Maxine Hardy requested the City proceed with rezoning from RSC-l to C-l of their property on Sunnyside Road so they can erect a building to house their Idaho Traffic Safety business. Debbie Hartman, 1855 Sabin Drive, requested permission to operate a beauty shop in her home. However, the Hartman property is zoned RPA which does not allow home businesses. The Commission was not favorable toward making any exception to the rules. Engineer Garth Cunningham discussed the curb and gutter requirements as they apply to the subdivision proposed by Richard Skidmore on the north side of First Street. The preliminary design plans for the proposed Ammon Road improvements were reviewed in detail. The Commission pointed out