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Council Minutes 9/12/2006 (155) I I I 141 August 18, 1994 CITY OF AMMON August 18, 1994 Minutes of the Regular Meeting of the Mayor and City Council: The meeting was called to order at Street, Ammon, Idaho, by Mayor C. present: Mayor C. Bruce Ard Councilman Harvey Crandall Councilman Ira K. Hall Councilman Steven J. Loveland Councilman Greg J. Maeser 7: 30 P.M. at the City Building, 3270 Molen Bruce Ard with the following City Officials Attorney W. Joe Anderson Engineer David E. Benton Public Works Director David Fire Chief Cal Smith City Clerk Aleen C. Jensen Wadsworth Others Present: Robert and Paula Loveland, 2795 Romrell Lane, Ammon Rex Shurtliff, 3575 Brookfield Lane, Ammon John Sheppard, 3565 Georgia Lane, Ammon Joy Jenkins, 3560 Georgia Lane, Ammon The Pledge of Allegiance to the Flag was directed by Councilman Hall, and the invocation was offered by Councilman Crandall. Paula Loveland, 2795 Romrell Lane, discussed neighborhood problems and asked the City Council to help solve them. The unsightly, junkyard conditions still exist at 3265/3275 Owen Street. Another problem is the noise created by youth riding dirt bikes and four wheelers. They keep the vehicles going constantly from daylight to dark. The noise is obnoxious and hard to cope with. One of the major offenders is a Langley boy. The Council discussed what to do about the situations. Regarding the unsightly conditions, a letter was sent a few weeks ago to the property owners, but it did not result in any noticeable action to improve. Public Works Director Wadsworth was asked to take pictures of the property for the City Council to use in evaluating whether or not to cite the offenders to appear at a hearing to determine if a nuisance exists. Regarding the noise problem, Mrs. Loveland was advised to call the Sheriff's office if they ride on the public streets. Also, the Council authorized writing a letter to the parents to encourage more parental supervision and more respect for neighbors. Councilman Maeser moved to approve the minutes of City Council Meeting held July 21, 1994. The motion was seconded by Councilman Crandall. Roll call vote: Maeser - Yes; Crandall - Yes; Loveland - Yes; Hall - Yes. The motion carried unanimously. Councilman Hall moved to approve the minutes of City Council Meeting held August 4, 1994. The motion was seconded by Councilman Maeser. Roll call vote: Hall- Yes; Maeser - Yes; Loveland - Yes; Crandall - Yes. The motion carried unanimously. Mayor Ard called for action on the request of Rex Shurtliff for a rezone from RP to R-2 of his property along the east side of South Ammon Road extending north of Brookfield Lane. The request has been tabled since July 7, 1994. Councilman Crandall declared conflict of interest because he is an adjacent property owner. Mr. Shurtliff explained that he had discussed with Councilman Hall about reducing the depth of the property to be rezoned from 320 feet to 150 feet. He stated he had rethought his request, and he would prefer a depth of 240 feet, but he was opposed to a depth of 150 feet. The Council discussed property utilization and expressed the desire to not impact an RP neighborhood. It was determined that it would be best for the City of Ammon and the neighborhood to leave an RP lot as a buffer between Shurtliff's existing home and the strip of property along South Ammon Road considered for rezone to R-2. Councilman Hall moved to rezone 150 feet of the front portion of Rex Shurtliff's property to R-2 subj ect to leaving, at least, 100 feet frontage on a lot between the R-2 zone and where Shurtliff's home is presently located. The motion was seconded by Councilman Loveland. Roll call vote: Hall - Yes; Loveland - Yes; Maeser - Yes. Councilman Crandall did not vote. The motion carried. Rex Shurtliff asked if he can change his mind and leave the property as now zoned. Attorney Anderson advised he can change his mind until the ordinance is prepared for adoption. Mr. Shurtliff was asked to notify the City Office whether or not he wants to accept the rezone as approved by the Council. The Shurtliff property now has an Animal Overlay. If and when the property is developed as R-2, the Animal Overlay will no longer apply. Until then the property can be utilized to pasture animals because of "grandfathering." MayorArd called for action on the request of John Sheppard for rezone from R-l to R-2 of Lot 1 less the South 160 feet of Block 1, Pony Acres Division No.1. The request was considered by the Planning and Zoning Commission on March 1, 1994 and it has been tabled by the City Council since July 7, 1994. Councilman Crandall declared conflict of interest. John Sheppard oriented the Council to the location of his property, and they reviewed previous discussions. Mr. Sheppard brought out 142 August 18, 1994 that he had been trying to get the rezone since March so he could sell his property, and the neighbors most affected by the change have not come to give their input. Joy Jenkins who lives at 3560 Georgia Lane directly across the street from Sheppards expressed strong opposition to multi-family zoning and/or apartments. She pointed out Eileen Nefzger, "Butch" and Renee Walsh, Gladys Southwick, and Julie Southwick have all expressed opposition. The Council discussed possible uses and how many units the property will accommodate. The Planning and Zoning Commission recommended denial of the request because they considered it to be spot zoning. Discussion followed on spot zoning. Councilman Maeser expressed his understanding that spot zoning is something that has a use that is inconsistent with the surrounding area. For example, if a commercial lot was carved out, it would be spot zoning. The area around Sheppard's is already residential, and the Comprehensive Plan already recommended a higher density along South Ammon Road. The I request is totally consistent with the Comprehensive Plan. "The request is a bit of a 'reach' but not a 'spot'." Councilman Hall agreed with Councilman Maeser' s interpretation. Councilman Maeser recommended, if the zone is changed, it is contingent upon a development agreement so the Council has the opportunity for some control of how the property is developed and to assure an adequate buffer. Councilman Hall moved to rezone John Sheppard's property described as Lot 1 less the South 160 feet, Block 1, Pony Acres Division No. 1 to R-2 subject to an acceptable development agreement when the future plans for the property are made. The motion was seconded by Councilman Maeser. Roll call vote: Hall - Yes; Maeser - Yes; Loveland - Yes. Councilman Crandall did not vote. The motion carried. Councilman Maeser read Ordinance No. 239 for the second reading by title, AN ORDINANCE ANNEXING CERTAIN LANDS TO THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO; DESCRIBING WITH PARTICULARITY SAID LANDS TO BE ANNEXED AND HEREBY ANNEXED AND DECLARING SAID LANDS A PART OF THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO; DETERMINING THE PROPER ZONING FOR CLASSIFICATION OF THE ANNEXED LANDS AND TERRITORY UNDER THE ZONING ORDINANCE OF CITY OF AMMON, IDAHO; PROVIDING FOR AN EFFECTIVE DATE FOR THIS ORDINANCE AND OF THE ANNEXATION OF SAID LANDS (Hatch Property/Anderson Lumber Company). Councilman Maeser moved to pass Ordinance No. 239 on its second reading. motion was seconded by Councilman Crandall. Roll call vote: Maeser- Crandall - Yes; Loveland - Yes; Hall - Yes. The motion carried unanimously. The Yes; The budget summary figures for fiscal year 1995 were reviewed. Basically the figures are the same as discussed at the last meeting. An additional liquor fund distribution in the amount of $26,380.00 has been received. This makes $62,119 additional liquor fund revenue received in 1994FY available for budgeting in 1995FY. The budget provides capital outlay for a new City Building,an additional well, a lawn mower, park improvements, and office update. I The Council discussed possibilities for utilizing available funds to purchase a heavy duty truck to be used for snow removal. One suggestion was to purchase a new truck for the Sanitation Department and change the packer from an existing sanitation truck to the new truck. The old truck could be transferred to the Street Department and converted for snow removal. This solution would upgrade the Sanitation Department to allow transporting full loads to the transfer station, and it would provide the Street Department with additional snow removal equipment within the budget. In order to incorporate this conversion plan, Councilman Maeser moved to amend the tentative budget as presented by increasing Sanitation Department expenditures $54 ,000, increasing Street Department expenditures $30,000,and increasing the revenue carry overs $84,000. The motion was seconded by Councilman Hall. Roll call vote: Maeser - Yes; Hall - Yes; Crandall - Yes; Loveland - Yes. The motion carried unanimously. Councilman Maeser moved to approve the Tentative Budget for 1995FY as amended and I to authorize the City Clerk to publish it and give Notice of Budget Hearing on September 1, 1994, at 7:30 P.M. The motion was seconded by Councilman Crandall. Roll call vote: Maeser - Yes; Crandall - Yes; Hall - Yes; Loveland - Yes. The motion carried unanimously. A copy of the tentative budget is attached. The meeting for the Mayor, City Council, and Attorney Anderson to discuss Ammon Road participation with the Idaho Transportation Department is scheduled for Friday, August 19, 1994, at 9:30 A.M. in the Public Library. The feasibility of establishing a curfew in Ammon was discussed. Curfew ordinances adopted by City of Shelley and City of Idaho Falls were reviewed. It was recommended that Ammon and Bonneville County should have similar ordinances because of our law enforcement agreement with Bonneville County Sheriff's Department. Councilman Maeser agreed to research the County's plan regarding a curfew. I I I 143 August 18, 1994 Councilman Maeser reported on the purchase of a facsimile machine for the City Office. Prices are comparable through the various dealers. He recommended a plain paper machine with an ink jet printer. The Council authorized Councilman Maeser to make a selection and to complete the purchase with 1994 FY funds. Reports: David Wadsworth reported for Public Works. Hentsche1s are in the process of sweeping the chips off East 17th Street following the chip/seal maintenance project. Engineer Benton is preparing bid specifications for additional road maintenance. Attorney Anderson reported on the Cantlon Properties development agreement for the Ammon Town Center. The development agreement with Anderson Lumber Company is progressing. Kathy Dansie contacted Councilman Loveland about the condition of Tie Breaker Park. Plans were discussed about eliminating the weeds and encouraging the grass to grow. The sprinkler system is now working good, and the grass will probably be reseeded. Councilman Crandall discussed cutting weeds along Ammon Road, and he inquired if the City has equipment available to do the job. Residents should be encouraged to help care for the right-of-way along their property. The Idaho Transportation Department has requested information for a survey to determine local agency plans to comply with the requirements of the Pavement Management System (PMS) for all roads functionally classified as Major Collector or above (Collector and above in urban areas). The City Clerk was asked to discuss this matter of business with BMPO. Investment of funds was discussed. Financial institutions are offering some better interest rates, and it may be advantageous for the City to investigate what is being offered. Claims were approved. Councilman Maeser moved to adj ourn the meeting, and the motion was seconded by Councilman Hall. The meeting was adjourned at 9:10 P.M. l~~ MA~ ATTEST ~(!p~J CITY CLERK c;:/ I I I 145 NOTICE OF PUBLIC HEARING BUDGET FOR FISCAL YEAR 1994-95 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, 1994 - September 30, 1995, 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 1, 1994. 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 expenditures and accruing indebtedness of the City of Ammon, Idaho, for the fiscal period October 1, 1994 - September 30, 1995. GENERAL FUND Gen. & Administration Law Enforcement Fire Protection Building Fund Total General Fund PARKS & RECREATION FUND WATER O&M FUND SEWER O&M FUND SANITATION FUND STREET FUND TOTAL PROPOSED EXPENDITURES FY92-93 Actual Expenditures $ FY93-94 Budget Expenditures $ 168,242.00 90,000.00 139,200.00 26,150.00 $ 423,592.00 103,935.00 254,000.00 216,490.00 245,000.00 347,500.00 FY94-95 Proposed Expenditures $ 309,234.00 94,500.00 27,000.00 39,150.00 $ 469,884.00 182,422.00 460,000.00 222,490.00 262,000.00 210,500.00 78,546.00 85,668.00 12,653.00 21,653.00 $ 198,520.00 71,690.00 205,606.00 219,929.00 67,239.00 353,286.00 $1,116,270.00 $1,590,517.00 $1,807,296.00 ESTIMATED REVENUE The estimated revenue for the City of Ammon, Idaho, for the fiscal period October 1, 1994 - September 30, 1995, is as follows: FY92-93 FY93-94 PY94-95 Actual Budget Proposed Revenues Revenues Revenues GENERAL FUND TAX LEVY $ 144,745.00 $ 149,100.00 $ 156,500.00 REVENUE FOR OTHER SOURCES State Revenue Sharing 120,672.00 122,000.00 131,700.00 Inventory Replacement 7,067.00 6,000.00 7,000.00 Franchises 21,347.00 22,000.00 25,000.00 Liquor Apportionment 20,845.00 14,192.00 14,192.00 Building Permits 42,177 .00 35,000.00 40,000.00 Licenses 2,752.00 3,000.00 3,000.00 Magistrate Court 3,131. 00 3,500.00 3,500.00 Bonds, Animal & Parking 345.00 600.00 600.00 Recycling 657.00 1,300.00 600.00 LID Transfer .00 .00 28,515.00 Recreation Fees 35,087.00 41,500.00 41,775.00 Water Fund 278,229.00 253,000.00 260,000.00 Sewer Fund 238,085.00 216,490.00 222,490.00 Sanitation Fund 107,324.00 105,000.00 108,000.00 Highway Users 175,215.00 180,000.00 178,000.00 County Road & Bridge 1,666.00 2,500.00 2,500.00 Interest Earnings 46,743.00 30,000.00 30,000.00 Misc. & Reimbursement 203,488.00 2,000.00 400.00 Carryover 403,335.00 553,524.00 TOTAL ESTIMATED REVENUE $1,449,575.00 $1,590,517.00 $1,807,296.00 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 1994-95, 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 I, 1994, 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 18th day of August, 1994 Aleen C. Jensen, City Clerk-Treasurer Published: Aug. 23 & Aug. 30, 1994