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Council Minutes 12/19/1991 I I I Book 7-403 December 05, 1991 December 19, 1991 The Bonneville County Sheriff's Office called the City of Ammon to advise that customers at Kmart are using the fire lanes to park in. The Fire Department has inherent authority to enforce fire lane parking. Their customers are also abusing the handicapped parking facilities. Enforcement procedures were discussed. Councilman Maeser agreed to seek input from Gil Gardner of the County Prosecutor's Office, and Fire Chief Smith planned to get some input on how the City of Idaho Falls handles. Regarding a Fire Department Appreciation Dinner, members will be contacted to see if they prefer a dinner or a turkey. Councilman Crandall has made an appointment with Galusha, Higgins, and Galusha to review the annual audit. Following this preliminary review, the audit will be presented to the Council at meeting on December 19, 1991. Councilman Maeser asked for direction regarding the law enforcement agreement with Bonneville County. At the present time, Ammon does not have a signed agreement for the 1992 Fiscal Year because of the increase in contract amount which the Sheriff's Office requested. This is a somewhat uncomfortable situation. Attorney Anderson was asked if the City is at risk without a signed contract or if the County is responsible to provide coverage regardless. He responded that Bonneville County has some responsibility, but the amount of coverage is questionable. Discussion included whether or not to try to negotiate a contract, to determine how much coverage the County is required to give, to pay on basis of the hold over contract, to pay what is budgeted for 1992 FY, to ignore the contract, or to wait for the County to take the initiative. No decision was reac.hed. Adoption of the Northwest Energy Code for 1990 will be considered at a joint Cities-County Public Hearing on \.Jednesday, December 18, at 7: 00 P.M. at the Court House. Councilman Crandall moved to adjourn the meeting, and the motion was seconded by Councilman Hall. The meeting was adjourned at 9:20 P.M. ATTEST ~~,// - - ... - ;jr,VI t?#4- ~UNC' ENt /' ' " ,l(i ,/- / a&e.-?~J c- ,!JZ~~iCA-/ ~ /~ CITY CLERK V CITY OF AMMON December 19, 1991 Minutes of the Public Hearing and Regular Meeting of the Mayor and City Council: The meeting was called to order ing City Officials present: Mayor C. Bruce Ard Councilman Marvin J. Anderson Councilman Harvey Crandall Councilman Greg J. Maeser at 7:30 P.M. by Mayor C.Bruce Ard with the follow- Public Works Director David Wadsworth Fire Chief Cal Smith City Clerk Aleen C. Jensen Others present were: Maxine Hardy, 3745 Georgia Lane, Ammon Debra Clapp, 2210 Dove Drive, Ammon Walter Clapp, representative of Galusha, Higgins & Galusha Kevin Allred, representative of Galusha, Higgins & Galusha Absent: Councilman Ira K. Hall Attorney W. Joe Anderson Engineer David E. Benton The Pledge of Allegiance to the flag was directed by Councilman Maeser, and the invocation was offered by Councilman Crandall. Mayor Ard opened the Public Hearing to consider a request for a Special Use Permit to allow the LDS Church to build a Seminary adjacent to the Hillcrest High School on property zoned R-1. Notification of the hearing was published in The Post- Register on December 4, 1991. Notices of hearing were mailed to local radio stations, television stations, and property owners within 300 feet. The Planning and Zoning Commission held a Public Hearing to consider this request on December 3, 1991, and they received no public input for or against. They recommended to the City Council approval of the request. No public attended Council Meeting to 404 December 19, 1991 voice any comments. Councilman Crandall moved to approve a Special Use Permit for an LDS Seminary on property adjacent to Hillcrest High School and the South Bonneville Junior High LDS Seminary. The motion was seconded by Councilman Maeser. Roll call vote: Crandall - Yes; Maeser - Yes; Anderson - Yes. The motion carried unanimously. The Public Hearing was closed, and the Regular Meeting continued. Maxine Hardy requested information on the requirement for them to plat their property at 3400 East Sunnyside Road where they are constructing a building to house their business, Idaho Traffic Safety. Action was deferred to allow the Council to consult with Engineer Benton. Etsel Sommer contacted the City Office about the possibility of purchasing the I Harold Loveland Construction property at 3345 Rawson Street to be used by Sommer and his sons for their construction operations. Since Loveland was operating as a non-conforming use, there has been some question as to whether or not title can be conveyed to another business. The Planning and Zoning Commission says it cannot. The matter was referred to Attorney Anderson for a legal opinion. Councilman Anderson moved to approve the minutes of City Council Meeting held December 5, 1991, as written. The motion was seconded by Councilman Maeser. Roll call vote: Anderson - Yes; Maeser - Yes; Crandall - Yes. The motion carried unanimously. Regarding the request for a home occupation permit for Douglas and Yvonne Brown, 1705 Avocet Drive, they have not responded to the City's request for a letter of compliance to the home occupation permit requirements. Councilman Crandall recommended that no action be taken by the City Council until the Browns submit a letter in writing to state they are complying with the requirements. Councilman Crandall moved to approve City licenses as follows: Circle K Store, 2545 East 17th Street - Retail Convenience Store Retail Sale of Wine & Beer (By the Bottle) Ammon Speedi Mart, 3490 E. Sunnyside - Retail Convenience Store Retail Sale of Beer (By the Bottle) The motion was seconded by Councilman Maeser. Roll call vote: Crandall - Yes; Maeser - Yes; Anderson - Yes. The motion carried unanimously. The City Council met in a j oint Public Hearing with Bonneville County, City of Iona, and City of Ucon on Wednesday, December 18, 1991, at 7:00 P.M. at the Court House to consider adoption of the 1990 Northwest Energy Code. No opposition was received at the Hearing. The entities involved discussed the code changes and agreed to go back to their individual groups to complete the ordinance necessary to adopt the new code. I Ordinance No. 226 was introduced and read by title, AN ORDINANCE OF THE CITY OF AMMON ADOPTING THE 1990 EDITION OF THE NORTHWEST ENERGY CODE AND THE 1990 EDITION OF THE NORTHWEST ENERGY CODE STANDARDS REGULATING THE USE OF ELECTRICAL ENERGY IN ALL BUILDINGS OR STRUCTURES IN THE CITY OF AMMON; PROVIDING FOR PENALTIES FOR THE VIOLATION THEREOF; REPEALING PREVIOUS EDITION OF THE MODEL CONSERVATION ORDINANCE OF THE CITY OF AMMON AND ALL OTHER ORDIN1\NCES AND PARTS OF THE ORDINANCES IN CONFLICT THEREWITH. Councilman Maeser moved that the City Council dispense with the rule requlxlng the reading of the ordinance on three different days, that the three readings be waived, and the ordinance be placed on its third and final reading. The motion was seconded by Councilman Crandall. Roll call vote: Maeser - Yes; Crandall - Yes; Anderson - Yes. The motion carried unanimously. Ordinance No. 226 was again read by title and read in full. Councilman Maeser moved to adopt Ordinance No. 226 as an ordinance for the City of Ammon. The motion was seconded by Councilman Crandall. Roll call vote: Maeser - Yes; Crandall - Yes; Anderson - Yes. The motion carried unanimously. I Glennis Brodal, a teacher at South Bonneville Junior High, filed a tort claim for $217 against the City for loss of a box of art supplies and a painting which fell off the back of her car as she drove on Western Avenue. The sanitation crew gathered up the box and took it to the landfill with the garbage. The Council determined there should be no negligence on the part of the City, but the claim should be referred to ICRMP for investigation. Mayor Ard requested Public Works to erect new Ammon identification signs which show the population to be 5002. I I I Book 7-405 December 19, 1991 The Council discussed the needs of the Sanitation Department. Consideration was given to truck rotation, decrease in maintenance costs with newer trucks, bid specifications, availability of funds for a new truck, and possible delivery dates. Councilman Crandall moved to authorize initiation of the procedures to purchase a new garbage truck. The motion was seconded by Councilman Maeser. Roll call vote: Crandall - Yes; Maeser - Yes; Anderson - Yes. The motion carried unanimously. Public Works Director Wadsworth discussed other needs. The Water Department needs to replace the magnetic metal locator. The Street Department could utilize a paint striper to paint cross walks. Another maintenance need is for a vacuum to use to clean out water valves. The Council approved the purchase of a magnetic locator for the Water Department. The Council was favorable to the purchase of a paint striper, but they recommended that Public Works Director Wadsworth check on the choices and report back before ordering one. No action was authorized for a vacuum. Fire Chief Cal Smith reported for the Fire Department. Mayor Ard advised that the City of Rexburg and/or Madison County may have some fire trucks available after January 1992 depending on legislative action regarding combining of departments. They have agreed to notify the City of Ammon if and when vehicles become available. The Fire Department volunteers have voted to receive a Christmas ham to share with their families rather than have a banquet. Chief Smith requested permission to open a charge account with Smith's Food Center. They are open 24 hours per day, and they would be more economical than a convenience store to supply emergency needs. Permission was granted. The 1991 Fiscal Year Audit has been completed by the firm of Galusha, Higgins, and Galusha. Kevin Allred discussed the audit report. He pointed out the areas of difference. For the first time, the audit includes accounting of fixed assets. Another area that is different is the Single Audit section which is required because Ammon received federal money on the Ammon Road project. The auditors plan to work with the City Office to put audit adjustments on the computer and set up balance sheet accounts. Walter Clapp, one of the owners of Galusha, added explanations to help the Council understand the report. L.I.D. funds were discussed, and it was pointed out that any left over funds could be moved by Council action to another City fund account when the bonds are paid off. However, the funds would need to be budgeted in order to spend them. The purpose of the water and sewer improvement funds was explained. From operative activities, the City generated positive cash flows in all areas. The Council determined that purchases of $300 or more should be classified as capital outlay. A management letter suggests areas of improvement to be considered. These include moving toward bringing the books in agreement with the audit, fixed asset accounting, and classifying expenditures. The Audit reflects that the City has been progressing. Councilman Maeser moved to accept the Audit for Fiscal Year 1991 as prepared and presented. The motion was seconded by Councilman Crandall. Roll call vote: Maeser - Yes; Crandall - Yes; Anderson - Yes. The motion carried unanimously. Councilman Maeser reviewed the parking problem on Samuel Street in the vicinity of the Mansion House. When the Special Use Permit was requested for the Mansion House, the Planning and Zoning Commission made recommendations concerning their sign and provisions for off-street parking. When the City Council approved their Special Use permit on February 2, 1989, the sign requirements were specified and the parking was discussed but no parking requirements were specified. After discussion, it was decided to review the audio tape of City Council Meeting for February 2, 1989, before taking any action. Attorney Anderson public hearings. the City Council recommendations and prepared a letter of opinion regarding procedures for conducting It was recommended that the Planning and Zoning Commission and work closely together to eliminate breakdown between P&Z Council action. Claims were approved. Councilman Crandall moved to adjourn the meeting, and th~lnotion Councilman Maeser. The meeting was ad::~~~ ~~, ~.(l".~~ CITY CLERK?/ . was seconded by ATTEST