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Council Minutes 9/12/2006 (125) I I I April 15, 1993 31 May 06, 1993 Reports: David Wadsworth reported for Public Works. Well No. 7 repairs have been completed. The pump at Well No.5 has been pulled for repairs. The lawnmowers are being repaired. Kathy Dansie will work with David Wadsworth to get the Tie Breaker park plans in motion. It has been decided where to put the merry-go-round in Falcon Park. Water pressure was discussed. A plaque is needed for the park shelter donated by the McCowin family. Engineer Benton reported that Albertsens is moving ahead with their plans for development of the Deseret Mutual Eastgate property. Sometime in the future they will be bringing plans to the City of Ammon, and they will approach the City of Idaho Falls for how to construct the approaches within the City of Idaho Falls right-of-way. Mayor Ard has again received a complaint about the noise created by the refrigeration truck parked at the Blaine Davis residence on Avocet Drive. The Council discussed what to do about the problem before the weather gets any warmer. It was determined the neighbors should not have to put up with that noise in a residential area. Attorney Anderson agreed to write a letter to Blaine Davis. Mayor Ard expressed concern about how to get reimbursement to help with costs to install the water and sewer south of Sunnyside Road. Councilman Crandall moved to allow no one to hook on to the water or sewer south of Sunnyside Road on Ammon road without first paying their prorated share of the City cost of installing the water and sewer lines through the existing Ammon Road construction. The motion was seconded by Councilman Maeser. Roll call vote: Crandall - Yes; Maeser - Yes; Hall - Yes; Anderson - Yes. The motion carried unanimously. Claims were approved. Councilman Maeser moved to adjourn the meeting, and the motion was seconded by Councilman Crandall. The meeting was adjourned at 9:55 P.M. G--V ATTEST t2&c:~ (l1~~"J CITY CLERK V - CITY OF AMMON May 6, 1993 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 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 fol- Attorney W. Joe Anderson Engineer David E. Benton Public Works Director David Wadsworth Fire Chief Cal Smith City Clerk Aleen C. Jensen Others Present: Kathy Dansie, 575 Matchpoint Drive, Ammon (Represented the Tie Breaker Park Com- mittee and the Planning and Zoning Commission) Karen Anderson, 465 Advantage Lane, Ammon The Pledge of Allegiance to the Flag was directed by Councilman Crandall, and the invocation was offered by Councilman Maeser. Mayor Ard opened the Public Hearing to consider revisions to the home occupation section of the Zoning Ordinance (11-5-27H). Notice of Hearing was published in the Post Register on April 20, 1993, and notices were mailed to KIDK-TV, KUPI Radio, KIFI-TV, and KID AM and FM News. The Planning and Zoning Commission considered the request for revision on May 4, 1993. There was no public input at City Council Meeting. Mayor Ard introduced Ordinance No. 231, AN ORDINANCE REPEALING SECTION 11-5-27(H) OF THE CITY CODE OF THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO; RE-ENACTING SECTION 11-5-27 (H) OF THE CITY CODE OF THE CITY OF AMMON TO PROVIDE FOR HOME OCCUPATIONS IN RESIDENTIAL AREAS; TO PROVIDE FOR SPECIAL ADDITONAL CONDITIONS IN RESIDENTIAL AREAS ZONED RP AND RPA; DEFINING HOME OCCUPATION; PROVIDING FOR AN APPLICATION TO THE CITY CLERK FOR PERMIT TO CONDUCT HOME OCCUPATIONS; PROVIDING FOR A HEARING BEFORE THE CITY COUNCIL UPON THE APPLICATION; PROVIDING FOR AN APPEAL FROM AN ADVERSE DECISION OF THE CITY COUNCIL; PROVIDING FOR A HEARING UPON A MOTION 32 May 6, 1993 FOR REVOCATION OF THE PERMIT; PROVIDING FOR AN APPEAL FROM ANY SUCH REVOCATION; PROVIDING FOR A FEE FOR THE APPLICATION; PROVIDING FOR A VIOLATION TO CONSTITUTE A MISDEMEANOR AND PROVIDING FOR A PENALTY THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. Kathy Dansie reported that the Planning and Zoning Commission conducted a Public Hearing, and they recommended approval of Ordinance No. 231 with one change under Section 2, Item 3, "Application for a Permit." If the applicant is under State or Federal guidelines or needs an inspection, license, or permit from another jurisdiction, that should accompany the application made to the City of Ammon. The Council read Ordinance No. 231 in full and discussed each section in detail. Approval was given to the change recommended by the Planning and Zoning Commission I with the provision that the applicant be responsible to show compliance with other regulatory requirements. Attorney Anderson recommended that this change be incorporated in Section 2, 4 h. and on the application form. Section 2, 4 c. was changed to read, "The use shall not generate excessive pedestrian or vehicular traffic, nor impede vehicular traffic." This traffic statement was deleted from Section 3. Councilman Maeser suggested, since considerable time and study has been involved in reviewing, revising, and rewriting Ordinance No. 231 in order to present it for public hearing, that the readings be waived and adoption action be taken without further delay. Councilman Hall moved that the City Council dispense with the rule requiring the reading of an ordinance on three different days, that the three readings be waived, and that Ordinance No. 231 with the changes as discussed be adopted as an ordinance of the City of Ammon on its third and final reading. The motion was seconded by Councilman Crandall. Roll call vote: Hall - Yes; Crandall - Yes; Maeser - Yes; Anderson - Yes. The motion carried unanimously. Mayor Ard closed the Public Hearing portion of the meeting, and the Regular Meeting of the Mayor and City Council continued. Kathy Dansie and Karen Anderson represented the residents of Tie Breaker Village to review their park plans for City Council approval. Plans are to continue with the basic design approved earlier but to add a gentle sloped play hill toward the center and to replace the berm on the street side with evergreen trees. Residents are willing to donate trees and shrubs. Kathy and Karen visited two nurseries to I get help with landscaping plans. Riverside Nursery expressed a willingness to help for a fee. Down-To-Earth recommended varieties of trees to use, gave placement suggestions, agreed to organize a register for residents to purchase or contribute toward purchase of trees and shrubs, will provide peat moss and stakes for each shrub purchased, and will come out to the park on planting day to supervise placement. They would like to work with Down-To-Earth. Further discussion included a tentative schedule, neighborhood participation, and finances. Roger Stommel, President-Elect of the East Idaho Falls Rotary Club, has agreed to provide volunteer service to help. Permission was granted to use $5,000 budgeted (1993FY) for playground equipment. Also, Kathy Dansie was authorized to contact playground equipment dealers to determine what could be supplied for the available funds and to make recommendations about additional needs. Councilman Maeser moved to approve the minutes of City Council Meeting held April 15, 1993, as written. The motion was seconded by Councilman Anderson. Roll call vote: Maeser - Yes; Anderson - Yes; Hall - Yes; Crandall - Yes. The motion carried unanimously. It was agreed that the motion in the City Council minutes of April 15, 1993, concerning reimbursement for costs to install the water and sewer south of Sunnyside Road along Ammon Road be assigned Resolution No. 93-2 so it is readily available for the City Office to instruct developers. (Due to a duplication of numbering, the number on this resolution changed to Resolution No. 93-4.) The minutes of City Council Meeting held April 1, 1993, were sent to President Reed Moss of Ammon L.D.S. Stake so he could review them to determine if they accurately addressed the church's request for a change in the Ammon Road design plans for their north entry. The Ammon LDS Stake High Council reviewed the minutes, and President Moss called the City Office to express their approval. I Kathy Dansie reported on the activities of the Planning and Zoning Commission. Two Public Hearings were held on May 4, 1993. One was to consider revisions to the Zoning Ordinance concerning home occupation permits. (Considered by the City Council earlier in this meeting.) The other hearing was to consider a request for rezone of three parcels within the Trailwood Village Subdivision which is owned by GHG Investments, Mrs. Lloyd Benton, and David E. and Marvel Benton. The Commission did not find any problem with the request, and they recommended that the City Council approve the rezone. The Tie Breaker Village/Trailwood Village plat shows the street named Tie Breaker Drive changes to Trailwood Drive when it crosses the I I I 33 May 6, 1993 proposed John Adams Parkway, and Public Works Director Wadsworth advised that BMPO discourages this. It was recommended the Council decide while the area is in the development stage if they want the street to have two names. A letter dated April 30, 1993, from -Community ~and'Rural': Trari'Sportation (C.A.R.T., Inc.) was read. They requested the City of Ammon to commit funds to their program in the amount of $11,102.00 for the 1994FY. Ammon committed $6,000.00 for the 1993FY. The Council discussed their request and expressed concern about the sizable commitment increase. It was agreed a letter of response should be sent to C.A.R.T. to advise them that our 1994 Fiscal Year Budget has not been set, and we antifipate our participation with C.A.R.T. for Fiscal Year 1994 to be $6,000.00, the same as for Fiscal Year 1993. Also, this is a one time only commitment. Councilman Anderson and Counciman Crandall met with Elena Kelly to discuss the 1993 swimming pool operations. Mrs. Kelly is anxious to manage the pool this year. Consideration will be given to the areas in which residents have expressed a desire for improvement. The plans are developing so the pool will be ready for operation near June 1. Ammon Cleanup Day is on schedule for Saturday, May 8, 1993. The City crew will work from 8:00 A.M. to 3:00 P.M. to pick up any trash. The spring newsletter did not materialize, and the volunteer recycling group did not get their flier ready until late. Posters are placed around the City and radio and television stations are requested to include a public service announcement. The Council discussed the possibility of still sending a spring newsletter to generate interest in the City. It was suggested that the Post Office be contacted to obtain information on bulk mailing rates. Attorney Joe Anderson presented a petition from Progressive Irrigation District for the Mayor to sign to exclude the Ammon Road right-of-way property from the irrigation district. The District has requested an exclusion and recording fee of $263. This seems rather high, but~ it'fs in keeping with their policy, it eliminates an annual tax, and it will help to maintain an amicable relationship with the District. Mayor Ard signed the petition. Public Works Director Wadsworth discussed the bridge field inspection report of the bridge on East 17th Street which was completed by the Idaho Transportation Department. The report recommended the sidewalks adjacent to the bridge be raised, the axle limit signs be replaced, and the east load limit sign be replaced. Public Works Director Wadsworth was authorized to take action to bring the bridge into compliance. Loren and Elaine Peterson, owners of Malibu Shaved Ice, requested permission to operate their stand at the swimming pool for the 1993 season, and they submitted the following proposal: 1. We will pay the City of Ammon a total of $560 for utilities and rent. This amount will be paid in two payments of $280. We will be open Monday--Saturday, the same days as the pool. 2. As we did last year, we will have a certified electrician inspect all electrical work before we open, to insure safety. 3. A large garbage can will be placed next to our shack for trash. Our employees will be instructed to pick up litter at the end of each shift. Councilman Crandall moved to accept the renewal proposal of Peterson's with the stipulation that they obtain a business license and t-heyreni.ove the 'stand from die" pool area at the close of the season. The motion was seconded by Councilman Maeser. Roll call vote: Crandall - Yes; Maeser - Yes; Anderson - Yes; Hall - Yes. The motion carried unanimously. Councilman Crandall discussed recent news which points out that consumers who want lower cable television rates can start pressing local governments to take action. The Federal Communications Commission has released rules for enforcing the new cable television law. Local franchising authorities can certify that the local cable television company is without competition and therefore subject to regulation. Since the City of Ammon has entered into a cable television franchise agreement, we have a responsibility to the citizens to so certify. Councilman Crandall moved to certify that the local cable television company is without competition and therefore subject to the regulation and that we take the appropriate action to notify the FCC. The motion was seconded by Councilman Hall. Roll call vote: Crandall - Yes; Hall - Yes; Maeser - Yes; Anderson - Yes. The motion carried unanimously. The City Office was instructed to check out how to make the certification to the FCC. 34 May 6, 1993 Mayor Ard made the following proclamation: WHEREAS, In 1872 J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees, and WHEREAS, this holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska, and WHEREAS, Arbor Day is now observed throughout the nation and the world, and WHEREAS, trees can reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, produce oxygen and provide habitat for wildlife, and I WHEREAS, trees are a renewable resource giving us paper, wood for our homes, fuel for our fires and count- less other wood products, and WHEREAS, trees in our city increase property values, enhance the economic vitality of business areas, and beautify our community, and WHEREAS, trees, wherever they are planted, are a source of joy and spiritual renewal, NOW, THEREFORE, I, Bruce Ard, Mayor of the City of Ammon, Idaho, do hereby proclaim May 7, 1993 as ARBOR DAY in the Third Grade of Tie Breaker School, and I urge all citizens to celebrate Arbor Day and to support efforts to protect our trees and woodlands, and FURTHER, I urge all citizens to plant trees to gladden the heart and promote the well-being of this and future generations. I Reports: Public Works Director David Wadsworth discussed repairs on Well No.5. The access to the well property is an easement through Bryce Anderson's property, 3855 Brookfield Lane. It was necessary to take heavy repair equipment into the well when the ground was wet and deep ruts were created. The City needs to work with Mr. Anderson to level out the ruts and to resolve the problem for future use. Engineer Benton reported a Public Hearing has been scheduled before the City Council on June 3, 1993, to consider a rezone request for Trai1wood Village. Development of the Deseret Mutual Eastgate property is progressing with Albertsens. As soon as they are prepared, the City of Ammon needs to review their development plans. Mayor Ard asked Engineer Benton for a report on the Sunnyside Road/Hitt Road right-of-way. Contact has been made with Bill Manwill of Bonneville County Road and Engineering, Utah Power, and the Ricks family. Bonneville County is concerned with the law/policy that all of a street is annexed or none of it is annexed, and the City of Ammon has been annexfng none of a street. The County does not want a County street going through a city with the City claiming no responsibility for the street. When property is annexed, the County wants the whole street included. The County wants the Ricks family to dedicate additonal land at Sunnyside and Hitt to allow for a right turn lane. Ricks want a driveway into the corner lot. Utah Power needs to place their power poles. The right-of- way has been provided for but it is not dedicated. The problem should be resolved in the near future. Mayor Ard explained his reason for a things-to-do list. As City needs are brought I to the attention of City officials and employees, they can be added to a list so they can be scheduled for attention. The Council discussed involving the community in projects to benefit the City. It was suggested that the spring newsletter be activated and volunteer help be recruited. Some of the ball teams have been using the fences at the ball diamonds and the tennis court to practice their batting. Mayor Ard recommended that they put together ideas and costs for a batting cage to take the abuse rather than the fences. City Clerk Jensen reported on coming events: Truth in Taxation Seminar - May 11; Good Samaritan Fun Run - May 15, and Planning and Zoning Short Course - May 19. Blue Cross has announced a premium increase as of June 1, 1993, and Public Employee Retirement System has scheduled a contribution increase for October 1, 1993. AIC's I I I 35 May 06, 1993 May 20, 1993 Policy and Resolutions Committee has requested suggestions for changes or additions to AIC's policy for the year 1993-94 prior to May 7, if possible. Mayor Ard signed the "Notice of Acceptance and Participation in Bonneville County Emergency Operations Plan." Claims were approved. Regulations are requiring the City of Ammon to take some kind of action regarding the underground fuel storage tanks at Well No. 7 by December 31, 1993. Public Works Director Wadsworth is investigating options. Possibly the best route to take is to eliminate the tanks. Councilman Crandall moved to adjourn the meeting, and the motion was seconded by Councilman Maeser. The meeting was adjourned at 9:30 P.M. ATTEST ~<-~e Q~ CITY CLERK Y ~ CITY OF AMMON May 20, 1993 Minutes of the Regular Meeting of the Mayor and City Council: The meeting was called to order lowing City Officials present: Mayor C. Bruce Ard Councilman Marvin J. Anderson Councilman Harvey Crandall Councilman Ira K. Hall Councilman Greg J. Maeser at 7:35 P.M. by Mayor C. Bruce Ard with the fol- Engineer David E. Benton Fire Chief Cal Smith Fire Marshal Robert Farrow Public Works Director David Wadsworth City Clerk Aleen C. Jensen Others Present: Michael Nye, Utah Power Company Elena L. Kelly, Swimming Pool Manager Absent: Attorney W. Joe Anderson The Pledge of Allegiance to the Flag was directed by Councilman Hall, and the invocation was offered by Councilman Crandall. Elena Kelly, Manager, discussed the plans for the 1993 swimming pool season. A brochure has been prepared to outline the details, and Ms. Kelly reviewed it with the City Council. Pool hours will remain the same as last year except for addition of a Saturday evening open swim period. Lessons will be conducted during the morning, and open swimming will be available in the afternoons and evenings. Admission charges are basically the same except for some rounding to eliminate cents on a few of the lessons and minor adjusting on pass charges. Plans include six two-week swim lesson sessions. Class time has been shortened to thirty minutes. Safety rules were discussed, and Ms. Kelly was authorized to secure a new rule sign for inside the pool compound amd one outside on the fence. Also, permission was granted to publish a display ad in the Post Register to advise about our summer program. An Ammon City Pool Staff Manual was introduced, and it contains the following pages: Chain of Command Facility and Diving Rules Lifeguard Job Description Establishing Rules: Methods and Techniques of Discipline Tips for Good Discipline The Ten Commandments of a Lifeguard Responsible Person Time Sheets, Disciplinary Action, Rules for Lifeguards, When a Guard Rotates to the Office, and During Slow Times Availability Calendar Substitution Request Form Lifeguarding Schedule Employee Time Sheet Daily Cash Sheet Maintenance Checklist Covering Opening Procedures, 12:45 P.M. Maintenance, 4:30 P.M. Maintenance, and Closing Procedures Emergency Plan Outline Covering Minor Injuries, Minor Emergencies, Major Emergencies or Injuries and Chemical Emergencies