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Council Minutes 09/03/1992 I I I motion was seconded by Councilman Crandall. Roll call vote: Yes; Anderson - No; Hall - Yes. The motion carried. Book 7-451 August 20, 1992 September 3, 1992 Maeser - Yes; Crandall - The Association of Idaho Cities has legislative committee as a representative input to take to the committee meeting. asked Councilman for District 30. Maeser to serve on the He would like some local Councilman Maeser inquired about the School District's request for City participation for a crossing guard on Ammon Road. The Council discussed whether or not there was a need and whether or not the City should get involved. No decision was made. Councilman Crandall informed the Council that he had requested a written evaluation report from Elena Kelly on the swimming pool operations. He suggested, if anyone else has any ideas for improvement, that input be added to a file to be reviewed next spring before the pool is reopened. This year there has been a problem maintaining the public restrooms in a satisfactory manner. It was suggested that the City may investigate renting some portable units. Orland Bailey commented on applications for kennel licenses or anything else which require neighbor consent and wondered if the neighbors couldn't have a more private way to express their opinion than to sign the application circulated by the applicant. Frequently the neighbor signs to approve, but he has a problem with it and he really is opposed. The Council understood the problem Mr. Bailey was asking about, and they discussed the issue. Neighbors should work with each other to correct problems. Also, everyone needs to realize that City business is a matter of public record. On kennel licenses, if complaints are received by the City Office, the policy has been to require a new license application with neighbor consent before the license is renewed. The interpretations of the zoning ordinance on non-conforming use, grandfathered use, and transfer of ownership were discussed particularly as applied to the original townsite. There were differences of interpretation. Attorney Anderson stated that zoning goes with the land and transfer of use goes with transfer of ownership. The use must be proved abandoned to necessitate a change. This question was brought about because Jim Summers wants to keep horses on the property formerly owned by Roland Romrell. Attorney Anderson was asked to prepare a letter of opinion. Forsgren and Associates have been asked to submit the final plans for Ammon Road to the State Transportation Department. Claims were approved. Councilman Crandall moved to adj ourn the meeting, and the motion was seconded by Councilman Hall. The meeting was adjourned at 9:30 P.M. ATTEST a-&~?/J (j/iL--~ CITY CLERK ~ ~ MAY CITY OF AMMON September 3, 1992 Minutes of the Public Hearing and the 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- Engineer David E. Benton Public Works Director David Wadsworth Fire Chief Cal Smith City Clerk Aleen C. Jensen Others Present: Jason, Ricky, and Danny McIsaac (Scouts) 2010 Avocet Drive, Ammon Larry Robbs, 611 South Amy Lane, Idaho Falls Floyd A. Decker, Metropolitan Outdoor Advertising Richard R. Dare, Mountain River Engineering Bryce Anderson, Scout Leader of Troop 208, Ammon Craig Anderson (Scout) Troop 208, Ammon Spencer Anderson (Scout) Troop 208, Ammon Nate Neibaur (Scout) Troop 208, Ammon Orland Bailey, 2810 Salmon Street, Ammon Roger Stommel, Planning and Zoning Commission Representative Sally Ellis (Mother) and Brett Ellis (Scout) 2195 Midway Avenue, Ammon Gerald "Jerry" Mitchell, 3751 Marlene Street, Ammon 452 September 3, 1992 Absent: Councilman Ira K. Hall, Jr. Attorney W. Joe Anderson The Pledge of Allegiance to the Flag was directed by Councilman Maeser, and the invo- cation was offered by Councilman Crandall. The Boy Scouts were introduced and welcomed. M~yor Ard opened the Public Hearing on the proposed 1993 Fiscal Year Budget for the C1ty of Ammon. Notice of hearing for consideration of the proposed budget was published according to the provisions of Section 50-1002 Idaho Code. The estimates of revenues and expenditures were reviewed. The total proposed budget is $1,708,527. There was no public comment. A detailed copy of the budget is on file in the City Clerk's office, and it is open for inspection. Mayor Ard closed the budget hearing. Councilman Crandall moved to accept the budget for the fiscal period October 1, 1992 - September 30, 1993, as presented. The motion was seconded by Councilman Maeser. Roll call vote: Crandall - Yes; Maeser - Yes; Anderson - Yes. The motion carried unanimously. I In accordance with requirements of the new Truth In Taxation legislation, Resolution No. 92-5 was introduced as follows: A RESOLUTION PROVIDING FOR PROPERTY TAX BUDGET INCREASE 5% OR LESS AND NO LEVY INCREASE WHEREAS public notice and hearing are not required pursuant to the pro- visions of Sections 63-2224 through and including 63-2226 Idaho Code where a taxing district increases its budget 5% or less and does not increase its levy; and whereas the taxing district's governing board has determined a need to increase its annual ad valorem budget 5% or less and not increase its levy. BE IT RESOLVED that City of Ammon requests an amount of ad valorem tax revenues for its 1992-93 fiscal year annual budget that does not exceed 105% of the amount of ad valorem tax revenues certified for its annual budget in the previous year and does not increase the tax rate in excess of that certified in the previous year Councilman Maeser moved to pass Resolution No. 92-5, A RESOLUTION PROVIDING FOR I PROPERTY TAX BUDGET INCREASE 5% OR LESS AND NO LEVY INCREASE. The motion was seconded by Councilman Crandall. Roll call vote: Maeser - Yes; Crandall - Yes; An- derson - Yes. The motion carried unanimously. Roger Stommel reported for the Planning and Zoning Commission. A review was made of the request by Larry Hobbs for rezone of a parcel of land located between 2150 and 2310 South Ammon Road from RPA to R-2. The Commission conducted a public hearing to consider the request on September 10, 1991. Following the hearing, they ruled the request was spot zoning, and they recommended denial. At the review, their original recommendation was upheld. A second item of business considered was Hiller Addition Division No.1, a rep1at of Lots 22 through 27, Block 2 Hestwood Addition to the City of Ammon, Bonneville County, Idaho. The rep1at was requegted for tax purposes to separate the property from Westwood Addition which is developed and Hiller Addition which is undeveloped property. It was recommended that the City Council approve the rep1at. (Action by the City Council on the Hobbs' request was tabled October 17, 1991, to allow Ammon Road plans to be completed.) Councilman Maeser reported that he had completed some research on spot zoning, and his findings indicate the request of Larry Hobbs is not necessarily spot zoning. Spot zoning is a descriptive term which means you take a small area out of a large area and rezone it so it is not consistent with or identical to the surroundings. The legal context is to say spot zoning after it is determined invalid. The factors considered in making a determination are whether or not the request is in accordance I with the Comprehensive Plan and whether it is in the public interest or solely for the benefit of one person. In the Hobbs' case, Councilman Maeser agreed with the opinion of Attorney Anderson that it is not spot zoning. Ammon's Comprehensive Plan shows the Hobbs' property as high density residential, and the changes proposed for Ammon Road tend to make the area less desirable for single family dwellings. The Horace Smiths are aware of Hobbs' proposal, and they have not expressed objection. Harvey Crandall owns property east of Hobbs, and he expressed no objection. The City Council minutes for July 16, August 6, and August 20, Councilman Crandall moved to approve the City Council minutes the motion was seconded by Councilman Maeser. Roll call vote: Yes; Anderson - Yes. The motion carried unanimously. 1992, were reviewed. of July 16, 1992, and Crandall - Yes; Maeser - Councilman Maeser moved to approve the City Council minutes of August 6, 1992, and the motion was seconded by Councilman Anderson. Roll call vote: Maeser - Yes; Anderson - I I I Book 7-453 September 3, +992 Yes; Crandall - Yes. The motion carried unanimously. Councilman Crandall moved to approve the City Council minutes of August 30, 1992, and the motion was seconded by Councilman Maeser. Roll call vote: Crandall - Yes; Maeser - Yes; Anderson - Yes. The motion carried unanimously. Councilman Crandall moved to approve the request of Larry Hobbs for rezone of the property located between 2150 and 2310 South Ammon Road from RPA to R-2. The motion was seconded by Councilman Maeser. Roll call vote: Crandall - Yes; Maeser - Yes; Anderson - Yes. The motion carried unanimously. Following the Public Hearing held on August 6, 1992, to consider the request of Metropolitan Outdoor Advertising for a Conditional/Special Use Permit to erect a billboard sign on Rush Auto Parts property. Action was tabled due to lack of quorum. Action on the request was opened for review. The zoning ordinance allows billboard signs in the CC-l zone but not in the C-l zone. Rush Auto Parts property is zoned C-l, and the Planning and Zoning Commission recommended that the City Council deny Metropolitan Outdoor Advertising's request. Jerry Mitchell commented that a billboard sign on East 17th Street does not fit aesthetically, and he encouraged the City Council to carefully control the "doorway to the City" as much as possible. Floyd A. Decker represented Metropolitan Outdoor Advertising. Mr. Decker stated his firm had considered requesting a permit to erect a billboard sign in the CC-l zone near Kmart, but they decided a more appropriate location would be by Rush Auto Parts in the C-l zone. A billboard sign near Kmart would be in full view of a new residential area while at Rush Auto Parts the area would be largely commercial. The company would be sensitive to the types of advertising sold. For example, they would exclude beer, wine, cigarettes, etc. if they were determined to be objectionable. Councilman Crandall expressed obj ection to all billboard type signs on East 17th Street, and he recommended the Council initiate action to eliminate them. Councilman Maeser cautioned that the City Council generates trouble when they make exceptions to the ordinance requirements. Councilman Maeser moved to uphold the recommendation of the Planning and Zoning Commission to deny the request of Metropolitan Outdoor Advertising for a Conditional/Special Use Permit to erect a billboard sign at Rush Auto Parts. The motion was seconded by Councilman Crandall. Roll call vote: Maeser- Yes; Crandall - Yes; Anderson - Yes. The motion carried unanimously. The Council discussed zoning and sign requirements. Mr. Decker asked about the basis for denying a request to erect a billboard sign. If Metropolitan Outdoor Advertising requested a permit to erect a billboard sign in a CC-l zone, could they expect it to be approved or is there some basis on which the Council could deny it? It was agreed to ask Attorney Anderson for an opinion on bona fide reasons for denial and powers of the City Council. Concern was expressed about the disirability and need to control signing on East 17th Street and whether or not to change the ordinances to establish retrictions. It was suggested that an appeal be made to individual property owners to help control. Gerald "Jerry" Mitchell, 3751 Marlene Street, inquired about street maintenance. He remembered that a few years ago the City adopted a street maintenance schedule. He is concerned that the pavement on Ross Avenue is deteriorating, and he wondered what has happened to the maintenance schedule. Mayor Ard advised the City has been on schedule except for 1992. The Council held the monies set aside for street maintenance because of uncertainty about costs involved in the Ammon Road project. Street maintenance should be back on schedule next year. The State Department of Transportation is examining the final plans on Ammon Road. Also, there is a problem with right-of-way acquisition on three parcels. Mayor Ard requested information about street lights and prov~s~ons for street lights in the development agreements with subdivision developers. The developers of Ammon Meadows and Fox Holloware aware they are responsible for street lights. A light is needed in the Meadow Lark Addition, but it is not included in the development agreement. Utah Power is checking out some cost factors for the City and they will report. Richard R. Dare of Mountain River Engineering presented a plat for Hiller Addition Division No. 1 which is a replat of Lots 22 through 27, Block .2 Westwood Addition Division No.1 to the City of Ammon, Bonneville County, Idaho. Property owners, M. B. "Buck" Hiller and Ted Wood, requested the replat because they were originally involved in Westwood Addition which is taxed on an assessed property valuation of 75% developed property. The replat separates out the undeveloped property from Westwood. There is no change to the layout, but the name and lot numbers are changed. At present, there are no development plans. Councilman Maeser moved to approve the replat as proposed for Hiller Addition Division No.1. The motion was seconded by Councilman Crandall. Roll call vote: Maeser - Yes; Crandall - Yes; And- erson - Yes. The motion carried unanimously. Councilman Maeser introduced a discussion of the traffic situation in the area near the new high school. Public Works Director Wadsworth was asked to contact the 454 September 3, 1992 Sheriff's Office to get them to increase patrol in the area. The City Clerk was asked to research the minutes to determine the traffic pattern planned by the School District when they proposed the campus layout. Councilman Maeser moved to accept the appoint Bill Brotherson as Assistant Councilman Crandall. Roll call vote: Yes. The motion carried unanimously. recommendation of Fire Chief Ca1 Smith to Fire Chief. The motion was seconded by Maeser - Yes; Crandall - Yes; Anderson - Fire Chief Smith reported on the Fire Department. The Chief inquired about the Council's feelings as to whether or not they could begin to look for a new fire truck. It was agreed it would be okay to look. Also, Ammon should maintain contact with Rexburg on the fire truck they plan to sell. The Ammon Volunteer Firefighters I assisted Shelley with their large dairy fire. We have a verbal asistant agreement with Shelley, but we should try for a written agreement. Councilman Anderson requested a pool finance report as soon as all the bills are received. He encouraged enforcement of the no parking areas or else elimination of the signs. Street parking problems were discussed. Orland Bailey, 2810 Salmon Street, inquired about junk cars and the ordinances concerning them. He was advised any junk car must first be declared to be a nuisance. Claims were approved. Councilman Crandall moved tol adj ourn the meeting, and the motion was seconded by Councilman Maeser. The meeti g was adjourned at 9:00 P.M. g MA~ ATTEST ~/? ~ ~\.!...//~ CITY CLE~ .. I I I I I Book 7-455 NOTICE OF PUBLIC HEARING BUDGET FOR FISCAL YEAR 1992-93 CITY OF AMMON, IDAHO NOTICE IS HEREBY GIVEN that the City Council of the City of Ammon, Idaho, will hold a public hearing for consideration of the proposed budget for the fiscal period October 1, 1992 September 30, 1993, pursuant to the provisions of Section 50-1002 Idaho Code, said hearing to be held at City Hall, 3270 Molen Street, Ammon, Idaho, at 7:30 P.M. on Thursday, September 3, 1992. At said hearing all interested persons may appear and show cause, if any they have, why said proposed budget should not be adopted. 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, 1992 - September 30, 1993. 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 ESTIMATED REVENUE The estimated revenue for the City of Ammon, Idaho, October 1, 1992 - September 30, 1993, is as follows: General Fund Tax Levy Sales Tax, State Revenue Sharing Sales Tax, Inventory Replacement Franchises Liquor Apportionment Building Permits Licenses Magistrate Court Bonds, Animal and Parking Recreation Fund Water Fund Sewer Fund Sanitation Fund Highway Users County Road & Bridge Miscellaneous Grants Carry Overs and Transfers TOTAL ESTIMATED REVENUE $ 146,567.00 91,900.00 106,225.00 25,000.00 $ 369,692.00 122,835.00 260,000.00 223,500.00 198,000.00 534,500.00 $1,708,527.00 for the fiscal period $ 142,000.00 115,150.00 5,600.00 20,000.00 14,192.00 25,000.00 3,000.00 5,000.00 650.00 41,000.00 260,000.00 223,500.00 105,000.00 172,500.00 10,000.00 26,000.00 160,000.00 379,935.00 $1,708,527.00 Street Reserve Fund East Hills Fund Water Improvement Fund Sewer Improvement Fund Water & Sewer Bond Reserve Combined LID's DEDICATED FONDS Estimated Bal. 9/30/92 $139,914.00 9,882.00 83,844.00 41,305.00 71,028.00 34,982.00 Proposed Expenditures $62,000.00 .00 .00 4,500.00 .00 10,750.00 Estimated Revenue .00 .00 $7,500.00 6,000.00 .00 7,578.00 I, Aleen C. Jensen, City Clerk-Treasurer of the City of Ammon, Idaho, do hereby certify that the above is a true and correct statement of the proposed expenditures and revenues for fiscal year 1992-93, all of which have been tentatively approved and entered at length in the Journal of Proceedings. I further certify that the City of Ammon, Idaho, did give notice for said hearing with notice having been published twice at least seven days apart prior to the adoption of the budget by the City Council. Citizens are invited to attend the budget hearing on Thursday, September 3, 1992, at 7:30 P.M. and have the right to provide written or oral comments concerning the entire City Budget. A copy of the proposed City Budget in detail is available at City Hall for inspection during regular office hours, 8: 00 A.M. - 5:00 P.M. Dated this 20th day of August, 1992 A~n::~~Treasurer Published: August 25 & Sept. 1, 1992