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Council Minutes 9/12/2006 (38) CITY OF AMMON May 4, 2000 I Minutes of the Regular Meeting of the Mayor and City Council: The meeting was called to order by Mayor C. Bruce Ard at 7:30 P.M. in the City Building, 2135 South Ammon Road, Ammon, Idaho, with the following City Officials present~ Mayor C. Bruce Ard Council member W. Lee Bean Councilmember Leslie Folsom Council member Ira K. Hall Attorney Joe Anderson Public Works Director David Wadsworth City Clerk Aleen C. Jensen Fire Chief Clarence Nelson Absent: Councilmember Harvey Crandall Others Present: Gawn Reid, 3235 Ross, Ammon Cindy Donovan, 3825 East Sunnyside Road, Ammon Tom Hunsaker, 2925 Carolyn Lane, Ammon Paul Roth, 2800 Ross Avenue, Ammon Kim and Joshua Gilgen, 3970 Taylorview Lane, Ammon Drew Smith, Bonneville Joint School District 93 Andrew Gibbons, 3075 Springstone Circle, Ammon I Council member Folsom led the Pledge of Allegiance to the Flag, and Councilmember Hall offered a prayer. Tom Hunsaker reported for the Planning and Zoning Commission. The request for a rear yard variance filed by Peggy Willis, 3740 Rawson Street, was recommended for approval. This will allow Ms. Willis to replace a single wide mobile home with a double wide manufactured home on a permanent foundation. The majority of the meeting was spent on the Comprehensive Plan Land Use Map. Boundaries were decided upon. It was agreed that it is important to adopt the map because the City does not have a good map in force at this time. Plans are to begin advertising a public hearing on the map for the June meeting. The Comprehensive Plan Use Map and the Impact Area should be coordinated. The impact area around the map will be considered low density. Work on the text of the Comprehensive Plan will continue. Andrew Gibbons, 3075 Springstone Circle, requested a home occupation permit. Currently he works for BECD and, as a hobby, he plans to do custom home designs at home. He will be working alone on his computer. There will be no employees and little traffic. Council member Folsom moved to accept the application for a home occupation permit for Andrew Gibbons, 3075 Springstone Circle. Councilmember Bean seconded the motion. Roll call vote: Folsom - Yes; Bean - Yes; Hall- Yes. The vote carried. I Paul Roth, 2800 Ross Avenue, proposed to operate a concession stand in the swimming pool parking lot again this year. Everything will be about the same as last year, except the hours of operation will be reduced. The evening hours will be left out of the schedule. The stand will be open until about six p.m. Because of the reduced hours he will use less electricity and less water so he proposes to pay $50.00 less. The Roth children operate the stand and there has been some harassment during the evening hours. Councilmember Hall moved to accept the proposal of Paul Roth to operate the concession stand at the pool for the reduced hours and $50.00 less subject to reconsidering if there are significant comments about keeping open after 6:00 p.m. Council member Bean seconded the motion. Roll call vote: Hall- Yes; Bean - Yes; Folsom - Yes. The motion carried. Marla Bezold did not attend to discuss the Tie Breaker School improvement plans. Since the plans affect the park, Councilmember Bean suggested that she contact him to discuss the plans. I City Council Meeting, May 4, 2000 - Page 2 David Wadsworth, Public Works Director, reported on the Owen Street Traffic Study by BMPO. The price will probably double in price because of the unique school hours. It do~s not fit in their model so they will have to do some traffic count by hand. Everyone was In favor of doing it. It was necessary to do a revision to the findings of fact prepared following the public hearing to consider annexation and initial zoning of the W. L. Judy farm (Ammon Ranch). Attorney Anderson advised the statement of findings did not conform with the minutes. The developer was concerned that the zoning did not include the day care. A supplemental finding was prepared to modify and to add to those adopted March 16 . Council member Hall moved to accept the supplemental findings and fact concerning the annexation of the Ammon Ranch. Council member Bean seconded the motion. Roll call vote: Hall - Yes; Bean - Yes; Folsom - Yes. The motion carried. The Mayor and Council signed the supplemental findings. A copy should be sent to Steeles. The proposed ordinance on massage therapy was reviewed. Council member Folsom obtained additional information which should be considered before the ordinance is adopted. Some of the areas brought up were accepting money for services, clarification of the lowest point below clavicle, written evidence of age, the kind of licensing which is acceptable, differentiating between massage establishments and massage schools, mental stability, change of ownership, fees, and background checks. Council member Bean asked for a definition of massage therapist. Attorney Anderson was instructed to redraft the massage therapy ordinance. Council member Bean agreed to do some studying on the ordinance, and he will contact the attorney with any additional input he has. I The proposed ordinance on the sale of Ammon's water was discussed. It is important to look at the real intent. There is a provision that you can't serve more than the intended use from one water connection. This is covered in our water ordinances. In the ordinance under consideration, there is a need to distinguish between the use and the service. The Council is trying to avoid selling bottled water for commercial gain. The ordinance needs more polishing. Councilmember Folsom moved to approve the minutes of City Council meetings held February 17, and March 2, 2000. The motion was seconded by Councilmember Hall. Roll call vote: Folsom - Yes; Hall- Yes; Bean - Yes. The motion carried. The National Association of Letter Carriers has asked Mayor Ard to proclaim Saturday, May 13, 2000, to be National Association of Letter Carriers' National Food Drive Day. The Mayor plans to meet with City Officials from the surrounding area on May 9 to issue the proclamation to urge all citizens of our community in the worthwhile endeavor to help those in need. Six bids were received for the walkway path in Peterson Park as follows: H.K. Contractors, Inc. $20,909.07 ($ 8.19 per linear foot) L. N. Johnson $20,424.00 ($ 8.00 per linear foot) Premier Paving $25,504.47 ($ 9.99 per linear foot) Silver Creek Construction $31,682.73 ($12.41 per linear foot) TMC Contractors $21,700.50 ($ 8.50 per linear foot) Thompson Paving, Inc. $27,214.98 ($10.66 per linear foot) I Unless there is a good reason, the City is obligated to accept the low bid. Council member Bean proposed a change. There is a beaten path between the parking lot and the restroom facilities. This area needs to be paved. Gawn Reid reported on the preliminary work. The path measures 2514 feet as laid out. The City has a gasoline account at Speedi Mart. Gawn was asked to keep track of all expenses and all of the donated time. Councilmember Hall moved to accept the bid of L. N. Johnson and Son Paving for the walking path in Peterson Park at $8.00 per linear foot by 8' wide and to include the path to the restroom. Councilmember Bean seconded the motion. Roll call vote: Bean -yes; Hall - yes; Folsom - yes. The motion carried. I I I City Council Meeting, May 4, 2000 - Page 3 Drew Smith represented Bonneville Joint School District 93 to explain the upcoming plant facilities election. He showed a video which was prepared to encourage patron support. Growth in the area has benefited the School District. Drew thanked the Council for listening to the presentation. Mayor Linda Milam of the City of Idaho Falls would like a joint meeting with all of our City Council and all of their City Council on the impact area. The Council would like Attorney Anderson to attend the meeting. They would like some suggested meeting dates. Some property owners northwest of Ammon have expressed an interest in annexing to Ammon. This may have some bearing on impact area discussions and actions. One bid proposal has been received to tile and resurface the bottom of the swimming pool for $19,692.00 from Larson Pool Plastering out of Roy, Utah. This is the only bid we could obtain. Council member Bean moved to accept the proposal for the pool with a completion date of June 1. Half the cost will be paid when the contractor moves in and half will be paid upon finish. The motion was seconded by Council member Hall. Roll call vote: Bean - Yes; Hall- Yes; Folsom - Yes. The motion carried. Spring Clean-up Day was scheduled for Saturday, May 20, 2000. The Public Works crew will work to collect non-household garbage between the hours of 9:00 a.m. and 3:00 p.m. No tires will be accepted. Attorney Anderson introduced Ordinance No. 274, AN ORDINANCE AMENDING SECTION 4-2-15 OF THE CODIFIED ORDINANCES OF THE CITY OF AMMON TO PROVIDE THAT A PERSON ISSUED A BARTENDER'S LICENSE MUST BE AT LEAST 19 YEARS OF AGE; REPEALING AND DELETING SECTION 4-3-13 OF THE CODIFIED ORDINANCES OF THE CITY OF AMMON PROHIBITING DANCING ON SUNDAY ON PREMISES LICENSED TO SELL BEER; REPEALING AND DELETING SECTION 4-3-14 OF THE CODIFIED ORDINANCES OF THE CITY OF AMMON WHICH PROVIDES THAT IT IS UNLAWFUL TO COVER WINDOWS ON STREET LEVELS OF PREMISES LICENSED TO SELL BEER; AMENDING SECTION 4-4-10 (A) OF THE CODIFIED ORDINANCES OF THE CITY OF AMMON TO PROVIDE THAT A PERSON OF THE AGE OF 19 YEARS OR OLDER MAY SELL, DELIVER, DISPENSE OR POSESS WINE IN THE COURSE OF THEIR EMPLOYMENT IN ANY PLACE WHERE WINE IS LAWFULLY PRESENT SO LONG AS SUCH PLACE IS THE PLACE OF EMLOYMENT FOR SUCH PERSON; PROVIDING FOR AN EFFECTIVE DATE. This amends our liquor ordinance. It changes the age from twenty-one years to nineteen years of age for a bartender's license and deletes two sections which were outmoded about covering of windows and dancing on Sunday. The same thing is adopted in the wine section as the beer and alcohol that "no person under twenty-one (21) years of age shall sell, purchase of possess, or consume any wine; provided however, that any person who is nineteen (19) years of age or older may sell, serve, deliver and dispense wine in the course of his or her employment in such place where wine is lawfully present so long as such place is the place of employment for such person under twenty-one (21) years of age. The changes make us consistent with the State and other entities. This makes it easier to enforce. The proposed ordinance was reviewed in full. Council member Folsom moved that the City Council dispenses with the rule requiring the reading of the ordinance on three different days and that the three reading be waived. Councilmember Hall seconded the motion. Roll call vote: Folsom - Yes; Hall- Yes; Bean- Yes. The motion carried. Ordinance No. 274 was read by title. Council member Folsom moved the adoption of Ordinance No. 274 as an ordinance of the City of Ammon on its third and final reading. Councilmember Bean seconded the motion. Roll call vote: Folsom - Yes; Bean - Yes; Hall - Yes. The motion carried. Mayor Ard asked about the completion of the Fire Station. He was concerned about whether or not to issue the final payment. After a brief discussion, Mayor Ard authorized the final check to be issued to Burnside Construction. City Council Meeting, May 4, 2000 - Page 4 Reports: Fire Chief Clarence Nelson reported for the Fire Department. A request has been received for Eagle Scout Fred Kearn to place one of his Wildland Fire Danger Signs by the fire station. Chief Nelson discussed the sign. The City Council was hesitant to agree to the sign and decided to think about it. The Council would like to see the sign. David Wadsworth reported for the Public Works. I Council member Bean encouraged getting some extra help to do some weeding around the parks. Since the new subdivisions are moving ahead rapidly, the City may be looking at a new park within a year. It is time to think about the new budget. Skidmore has paid one of the monthly payments on the Maiben Street paving project according to the new agreement. The problem about collecting for the sewer at the trailer park at Sunnyside Road and Hitt Road has not been resolved. Council member Hall acted as Mayor for the Urban Renewal Agency meeting. They had the annual report from their auditor and approved the actions taken during the last year. Councilmember Folsom asked for approval to proceed with the sound system for the City Building. Three bids were obtained. The system includes five mikes, a cordless mike, and three speakers. The plans were outlined. The selected bid amount is $3719.25, and the Council gave their approval. Claims were approved. Council member Bean moved to adjourn. Councilmember Hall seconded the motion. The meeting was adjourned at 10:15 p.m. I (~~ Mayor ATTEST City Clerk I