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Council Minutes 9/12/2006 (79) I I I 117 April 3, 1997 CITY OF AMMON April 3, 1997 Minutes of the Regular Meeting of the Mayor and City Council: The meeting was called to order South Anunon Road, Anunon, Idaho, present: Mayor C. Bruce Ard Counci1member W. Lee Bean Counci1member Sherrill C. Bohn Counci1member Ira K. Hall City Clerk Aleen C. Jensen by Mayor C. Bruce Ard in the City Building, 2135 at 7: 30 P.M. with the following City Officials Attorney Brian Tucker Engineer David E. Benton Public Works Director David Wadsworth Fire Chief Clarence Nelson Others Present: Barbara J. Ellis, City Office Bryce and Pam Dixon, 2215 Cabe11aro Drive, Ammon Lance Fullmer, 2705 Sawtooth, Ammon Geoff Pond, 4280 Wanda Street, Ammon Sue Ann and Stuart (Scout) Summers, 3290 Molen Street, Ammon Aaron Cleveland (Scout), 3195 Meadow Lane, Ammon Robert and Beverly Beck, 3885 East Sunnyside Road, Anunon Richard Butler, 2670 Salmon Street, Ammon Paul and Gretta Roth, 2800 Ross Circle, Ammon Bert and Ve10y Murphy, 3145 Molen Street, Ammon Scott and Amy L. Murphy, 3145 Molen Street, Ammon Joe Belnap, 3565 Ross Avenue, Ammon Greg Maeser, 2550 Ross Avenue, Ammon Kevin Vance, 3925 Ross Avenue, Ammon Reed Hill, Rand S Construction Company, Rexburg, Idaho Absent: Attorney W. Joe Anderson Counci1member Steven J. Loveland Counci1member Bohn led the Pledge of Allegiance to the Flag, and Mayor Ard offered the invocation. Joe Belnap, 3565 Ross Avenue, proposed to make a video of Ammon in exchange for City services. For example, he has made a video for the City of Iona as part of an economic development program. A video would provide an opportunity to show off our City, and it can follow whatever outline the City Council desires. Mr. Belnap operates a free lance video production business. Iona is the only city he has produced a video for. The length of a video can be two minutes to twenty minutes. Iona's video is seven minutes and fifty-nine seconds. Cost to Ammon would be two years of water, sewer and garbage service. This would give Ammon ten copies of the video, and additional copies could be available for a nominal fee to cover cost of the tape and duplication. Local talent is probably willing to assist in putting ideas together, but Mr. Belnap wants to show his capabilities. His primary interest is to expose the public to his business. The Council requested to see City of Iona's video before making any decision. Paul Roth, 2800 Ross Circle, distributed copies of a proposal to operate a ~ cession stand at the Anunon Swimming Pool from May 12 through August 22, 1997. Roths have operated the stand at the pool for the past two summers, and the proposal is basically the same as in the past. Rental fee is to be $550 payable to the City in monthly installments with the full amount due by August 26, 1997. The operators will assume responsibility for cleaning up the trash in the park area. The water supply in the trailer is used to wash hands, and it is not used for drinking purposes because it comes out of the sprinkler system. Counci1member Bean moved to approve the concession stand for Paul Roth at the Ammon Swimming Pool for the 1997 season. Counci1member Hall seconded the motion. Roll call vote: Bean - Yes; Hall - Yes; Bohn - Yes. The motion carried. Richard Butler, 2670 Salmon Street, applied for a non-commercial kennel license. He owns two spayed female American Water Spaniels and one neutered male American Water Spaniel. Twelve persons in possession of premises within 150 feet gave their written consent. The applicant requested the license on his own and was not reminded to do so by the animal control officer. The dogs are over ten years old, and they are kept in a fenced yard. Counci1member Hall moved to approve a non- commercial kennel license for Richard Butler, 2670 Salmon Street. Counci1member Bean seconded the motion. Roll call vote: Hall - Yes; Bean - Yes; Bohn - Yes. The motion carried. Representatives of the Ammon Western Boys Baseball Association attended meeting to voice their obj ections to the City of Ammon charging them $3 per participant for a ballfield/park user fee. Robert Beck was spokesman for the group. There is 118 April 3, 1997 probably a reasonable basis for charging the fee, but the association members are concerned. Everyone who uses the park should be required to pay the fee. Western Boys has put considerable time and expense into improving the ballfields but no one else does. There needs to be a benefit rather than just paying for use. The City does not plan to monitor use. Organizations using the fields for an on-going program will be responsible to report the number of team members. The organizations identified as being subject to the fee are Western Boys, Knothole Baseball, Girls' Softball, and soccer teams. The fee is comparable to what other communities are charging. Proposed fee is $3 per participant for WBBA and $2 per participant for Knothole, Girls' Softball, and soccer. The funds generated will not go into the General Fund, but they will be designated specifically for the parks. City of Ammon can not guarantee as much in return as City of Idaho Falls, but plans are to work toward better ba11fie1ds. Western Boys plan each year for field improvements, and they save the City money. It seems the City does not do I much except mow the lawn. Each of the organizations and the City need to work together on improvements. The parks should have a higher priority in the budget. No one wants to pay a fee unless they get a benefit, and Western Boys are afraid they will not get a benefit based on past experience. All work on the ba11fie1ds should be coordinated with Public Works Director David Wadsworth. The City request Western Boys to provide a schedule of their games. Input was received from Beverly Beck, Pam Dixon, Lance Fullmer, Geoff Pond, and Greg Maeser. Councilmember Bean moved to adjust the park user per participant to make all the user fees equal. motion. Roll call vote: Bean - Yes; Bohn - Yes; The Council committed to use the estimated $300 user fees and an additional $200 from City ba11fie1ds. fee for Ammon WBBA from $3 to $2 Counci1member Bohn seconded the Hall - Yes. The motion carried. to be received from WBBA for 1997 funds to sod the Peterson Park Councilmember Bohn moved to approve the minutes of City Council Meetings held March 6 and March 20. Counci1member Bean seconded the motion. Roll call vote: Bohn - Yes; Bean - Yes; Hall - Yes. The motion carried. Reed Hill of Rand S Construction Company reported on the status of Well No.8. By the week of April 20th, the system should be on line. The only thing left to do at that point should be the paving or some minor items. The contractors plan to do some training when the proj ect is complete. The well utilizes expensive equipment and everyone involved needs to know about the operation. Scott Murphy proposed to site a manufactured home on Roseda1e Lane between Molen Street and Owen Street (East ~ of Lot 6, Block 11, Ammon Townsite). The property is owned by his mother, Veloy Murphy, 3145 Molen Street. Roseda1e Lane is not paved, and the water/sewer lines have not been extended. Before a permit is granted, the City will require a 6" water main, an 8" sewer main with manholes not more than 400 feet apart, and the street paved to 32'. The developer is responsible to make the improvements. It was recommended that Murphys contact the other property owners abutting Roseda1e Lane to get them to participate in the expense. I The CDL Drug Testing Policy for City of Ammon employees has been reviewed. According to the attorney, it is ready for adoption. Councilmember Bean moved to accept the CDL Drug Testing Policy for the City of Ammon. Counci1member Bohn seconded the motion. Roll call vote: Bean - Yes; Bohn - Yes; Hall - Yes. The motion carried. Mayor Ard recommended that Leslie Folsom be appointed to the BMPO Citizens' Advisory Committee to replace Gerald "Jerry" Mitchell. Counci1member Hall moved to confirm the recommendation of Mayor Ard to appoint Leslie Folsom as a member of the BMPO Citizens' Advisory Committee. The motion was seconded by Counci1member Bean. Roll call vote: Hall - Yes; Bean - Yes; Bohn - Yes. The motion carried. Disposition of Well No.4 was discussed. Counci1member Loveland and Public Works I Director Wadsworth inspected . the well site, and they recommended Well No. 4 be capped and the building be saved. The building will require repairs including installation of a garage door and a metal roof. The storage tank can be salvaged provided it can be removed from the building. It appears removal would require taking the roof off or cutting the tank in pieces. Well drillers may be interested in the tank. The well has been abandoned since 1989. The Council agreed to cap Well No. 4 and to save the building. Salvage of the storage tank needs to be in- vestigated further. Environmental requirements should be followed in capping the well. Section 3 a. Non-Occupancy Charges, Resolution No. 97-1, was reviewed. Mayor Ard expressed the opinion that the rate reduction as specified in the resolution is not out of line. Keith Turnbow will be out of his home for approximately two years, and he believes a greater reduction is in order. He has offered to pay $10 per month while he is away and to make the total payment in advance. Discussion I I I brought out that all citizens should be treated equally, specified in Resolution No. 97-1 should remain as adopted 119 April 3, 1997 and the schedule as without modification. Recodification of the City ordinances is progressing. Nine titles are near completion. The Council discussed how to identify the areas of change so the Council can review them prior to presenting the recodification for adoption. The City Office has been comparing the old with the new to mark changes. Also, the Council suggested legal counsel mark the changes. Attorney Anderson has had some heart problems recently, and he is the one most familiar with the project. He has asked the Council to review Ordinance No. 215, Dog Ordinance, to recommend if it needs to be changed. Councilmember Bohn expressed concern that Ordinance No. 215 does not contain any wording about issuance of warnings for violations. The City policy has been to issue a warning first and then, if the violation continues, to issue a citation. Citizens are getting warned instead of being cited. Attorney Brian Tucker explained it is a judgement call of the officer whether to issue a warning or a citation. Councilmember Bean requested that the Council review Ordinance No. 215 page by page. As the review was made, ordinances from the City of Idaho Falls and the City of Logan were referred to. Under definitions, it was recommended "at large" be expanded. Regarding enforcement, there needs to be adjustment to "right of entry." Badges for the animal control officer add credibility. In Section 3, 6-3-2, the terminology "kennel" seems to be in conflict with Section 14,6-3-13, regarding commercial and non-commercial kennels. The Council discussed how to control the number of dogs allowed in a non-commercial kennel. Ideas considered were setting a cap on the number and control by the fee. The Council favored control by fee, but this requires a separate resolution and would need to be addressed for next year. Section 6, 6-3-5, refers to "as determined by the Council" to provide for the Council to adopt a resolution and eliminate changing the ordinance. In Section 7, 6-3-6, change the wording from "Duplicate records of licenses issued shall be" to "may be." City of Logan has a section called animal waste removal required, but Ammon does not have such a requirement. Add waste removal. Following Section 10, 6-3-9 (E), Add proof of vaccination at the time of licensing. Section 11, 6- 3-10 (A) regarding barking dogs: Consider expanding, but maybe it should be addressed in a separate section rather than under "Dogs at Large." Section 11, 6-3-10 (C): Add owner not responsible if dog runs at large by reason of some other person's actions. Section 12, 6-3-11: May be duplication but the Council liked the specific wording recommended for other sections, and this section lists offenses for which any owner may be cited. Section 13, 6-3-12: Add about poisoning of dogs. Section 14, 6-3-13, regarding kennel licenses require consent of 75% of property owners within a specified distance: Change to require 80% consent and to require contiguous neighbors to be contacted for an aye or nay signature. Also, delete the license fee dollar amounts and state the fees shall be set by resolution of the City Council. The fee will be set for kennel plus the owner will be required to purchase a tag for each dog. Section 21, 6-3-21: The City has made it a policy that any dog which needs to be quarantined is taken to the veterinarian for quarantine, and the owner is not allowed to keep the dog at home. Section 17, 6-3-16 (C) : Change wording on notification procedure to show "owner shall be notified." Attorney Brian Tucker agreed to make changes to Ordinace No. 215 and to bring it back for Council approval. A proposed snow removal ordinance was discussed. The ordinance would give the Mayor authority to issue a snow removal proclamation. Ammon needs something to control parking in the street during the snow plowing season, but no decision was reached. The Hartley Children, 3800 Geneva Drive, have requested a renewal of their license to operate a backyard concession stand in Peterson Park. The Council did not have a problem with renewing the license for 1997. Reports: David Wadsworth reported for Public Works. Written reports of work completed since the last Council meeting were distributed to the members. Rick Williams is working on water operator certification, and he attended a workshop in Twin Falls for small water system operators. Attorney Brian Tucker prepared a letter for Gordon and Sue Sorensen regarding their dog kennel license. He requested approval of the letter before it is mailed. The necessary approval was given. Councilmember Bohn requested suggestions on how to respond to the resident surveys which were completed as requested in the fall newsletter. Approximately seventy- five citizen responses were received. Councilmember Bohn plans to compile some statistical information so the Council can address the citizen concerns. A letter of acknowledgement should be sent to each citizen that responded. 120 April 3, 1997 Shauna Crabtree of Hillview School PTO sent Mayor Ard a letter to thank the City employees for help with the installation of their new playground equipment. City Officials and employees are invited to an open house on April 4 at 2: 00 P.M. to recognize all those involved in the playground equipment project. Mayor Ard reported that Governor Batt vetoed the controversial bill on unfunded mandates. A check in the amount of $577.50 has been issued to the East ESPA Water Measurement District for a 1997 assessment. This is an additional cost that groundwater pumpers have not been responsible for in the past. Mayor Ard explained that Ammon has the option to opt out of this program, but we would be required to do our own metering and measuring. The plan is to participate this year and then decide whether or not to continue with the district or go on our own. Engineer Benton has been working to update the zoning map. Preliminary work is planned for East 17th Street so that project can be advertised for bid. Claims were approved. Councilmember Hall moved to adjourn the meeting, and the motion was seconded by Councilmember Bohn. The meeting was adjourned at 10:45 P.M. Qo~n ATTEST ~{/.~~ CITY CLE~ I I I