Council Minutes 9/12/2006 (181)
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240
September 7, 1995
CITY OF AMMON
September 7, 1995
Minutes of the Public Hearing and Regular Meeting of the Mayor and City Council:
The meeting was called to order by Mayor C.
Building, 3270 Molen Street, Ammon, Idaho,
present:
Mayor C. Bruce Ard
Councilman Harvey Crandall
Councilman Steven J. Loveland
Councilman Greg J. Maeser
City Clerk Aleen C. Jensen
Bruce Ard at 7:30 P.M. at the City
with the following City Officials
Attorney W. Joe Anderson
Engineer David E. Benton
Public Works Director David
Fire Chief Cal Smith
Assistant Fire Chief James
Fire Marshal Robert Farrow
Wadsworth
Crumb
Others Present:
Mark Caspary, 3635 Vaughn Street, Ammon
Russell Swensen, 2660 Central Avenue, Ammon
Val Loveland, 3325 Rawson Street, Ammon
Reuel Smith, 4330 Ileen Circle, Ammon
Richard "Dick" Dare, Mountain River Engineering
Absent: Councilman Ira K. Hall
The Pledge of Allegiance to the Flag was directed by Councilman Loveland, and the
invocation was offered by Mayor Ard.
Mayor Ard opened the Public Hearing for consideration of the proposed budget for
the City of Ammon for the fiscal period October 1, 1995,through September 30, 1996,
pursuant to the provisions of Section 50-1002 Idaho Code. Notice of Hearing was
published in the Post Register on August 27 and September 3, 1995. No interested
persons appeared to provide comments for or against the proposed budget. Mayor
Ard closed the Public Hearing on the 1995-96 Fiscal Year Budget, and the regular
meeting business continued.
Mark Caspary, 3635 Vaughn Street, requested a home occupation permit to make and
sell nylon net bags. The bags were presented as a use for home brewing. He has
been brewing his own beer for three years. The bags are used to put grain or hops
in for the beer brewing process. For the three years involved in home brewing,
the applicant has been unable to find the bags except from mail order catalogs, so
he decided to produce them. The bags can be sold wholesale to beer brewing supply
shops. Mr. Caspary does not see any impact on the residential neighborhood. He
probably will not be selling the bags from his house. There will be no employees.
Materials are ordered from out of state. There will be a minimum amount of
storage--about 100 or 200 yards of net material and maybe 100 to 150 completed
bags. The Council advised if the operation grows and generates considerable
traffic or signs, it may not fit into a home occupation. However, there is no
problem the way it has been proposed. Councilman Maeser moved to approve a home
occupation permit for Mark Caspary, doing business as 0 & S Bag Company, 3635
Vaughn Street. The motion was seconded by Councilman Crandall. Roll call vote:
Maeser - Yes; Crandall - Yes; Loveland - Yes. The motion carried.
There was no report from the Planning and Zoning Commission because they lacked
quorum at their meeting of Tuesday, September 5, 1995. An Ammon Town Center
amended plat was presented, but no action was taken. Attorney Anderson advised
the City Council should not take action on the amended plat until the Planning and
Zoning Commission makes a recommendation.
The minutes of City Council Meeting held August 3, 1995, were considered.
Councilman Crandall had a question regarding the swimming pool/Red Cross
understanding. He asked Attorney Anderson to suggest a modification to the
minutes. It was recommended to change the wording of the minutes to read, "Red
Cross probably has some justification for objecting to Ammon using format and
materials which are somewhat similar to those of Red Cross." Councilman Crandall
moved to approve the minutes of City Council Meeting held August 3, 1995, with the
modification specified by Attorney Anderson. The motion was seconded by Councilman
Maeser. Roll call vote: Crandall - Yes; Maeser - Yes; Loveland - Yes. The motion
carried.
Attorney Anderson brought the Council up-to-date on the problem of a clear view
of the intersecting street at Circle S Drive and Midway Avenue caused by the fence
of Killians at 3225 Circle S Drive. He had not heard back from Lance Nalder,
Killian's attorney, so Attorney Anderson called Nalder to find out about the status
with Killians. It was reported that Nalder had referred the engineering report
from David Benton, which showed the property line, to the Killians. However, they
did not feel they should accept it because it did not show the true boundary line
because they still believed the line was out by the curb. They were advised if
241
September 7, 1995
they did not agree that they should get their own engineer to make a report to find
out if there was basis for objecting. There had been no further contact, so Lance
Nalder agreed to contact the Killians to find out what they planned to do.
Attorney Nalder suggested the City might make some acconnnodations like allowing
Killians to lower their fence which should eliminate the sight restrictions. The
Killians have not indicated they were in favor of lowering their fence, but the
City may want to offer it as an alternative to moving the fence. There has not
been a report back from Nalder or the Killians. Attorney Anderson suggested the
Council pick a date and set a deadline. If the problem is not settled by the
deadline, the City will remove the fence. The Council agreed that Kil1ians should
be given a time limit because the problem has drug on too long. The suggested date
is September 22, 1995. Councilman Loveland stated he does not agree with lowering
the fence, and he believes the fence should be completely taken out of the right-
of-way. The other Council members agreed that the fence should be moved out of I
the right-of-way. The City faces liability since we know the fence is in the
right-of-way. Attorney Anderson was instructed to notify that the fence must be
moved by September 22 unless Killians have an adequate response for the Council
to consider. Killians can be given the option of taking the fence down or moving
it over six feet, but if they do not respond by Sept. 22, the City will take the
fence down to clear the right-of-way.
Public Works Director David Wadsworth reported on the street signing in the Ammon
original townsite. David observed the corner of Owen Street and Western Avenue
on September 6 at 7: 00 A.M. to count how many motorists were not obeying signs.
He counted five buses and twenty-five cars. At 3:00 P.M. there were twenty buses
pull into the Hillcrest High School parking area from Owen Street, and eighteen
of them drove passed the "do not enter" sign and came back out Owen Street. There
were fifty cars. The one-way on Owen Street is not working. The problem with the
buses is, when they get into the school, they have about a half hour wait to get
out on to East Sunnyside because of the backup. Wadsworth observed the Sunnyside
exit and the cars are backed up on both sides of the driveway. Regarding the
Western Avenue stop signs, the cars have to wait for two or three cars to go
through Owen Street before they can go into the school, but the traffic seems to
flow good. The residents continue to call wanting the four-way stop at Owen Street
and Western Avenue. Youth drivers continue to speed. More officer patrol could
be used. Councilman Maeser read a letter from Ken Shepherd regarding the street
sign project, and copy of the letter is attached to these minutes.
No one seems to be trying to make the one-way into the high school from Owen Street
work. They do not accept the wait to get out on East Sunnyside Road, so they dis-
regard the "do not enter" sign and go back out Owen Street. It is difficult for
the City to enforce because the "do not enter" sign is on school property. The
Council brainstormed about the traffic flow. The revised system has not been given
a chance to work. From the City's point of view, except for the one-way on Owen
Street, the new signing appears to be an improvement. Another problem, students
walk down the middle of East Sunnyside Road. Maybe a walking path or bike path
could be marked on East Sunnyside. The Council chose to not take any action but
to give the sign changes more time to work. Bonneville County will be encouraged
to provide more officer patrol. Some checking will be done to see if a
walking/bike path is feasible.
Engineer Benton has been working on the specifications for the new well. They
should be ready in the near future.
Regarding the legal description for the new City Building property on South Ammon
Road, Engineer Benton advised a discrepancy has been identified. The City owns
forty-five feet (45') more land than the deed specified. Necessary action will
be taken to correct the transfer of property paperwork to reflect the correct
ownership. Maintenance of the property was discussed.
Val Loveland and Reuel Smith reported on the McCowin Park walking path proj ect.
The proposal states the project will be completed by October 15, 1995. One of the
needs is a location of the property line between Hillview School and the City
property. Engineer Ben ton agreed to mark the property line. The Council was
oriented to the walking path plans. There is a question about where the path
should go along Williams Street by the evergreen trees. The choices are west of
the trees next to the street or east of the trees into the grass area of the park.
There are good and bad reasons for either choice. The determining factors should
be maintenance, drainage, and preference. The two choices were discussed
thoroughly, and the decision of where to place the path along Williams Street was
left to the decision of the volunteers directing the proj ect. The School District
has agreed to put in a section of sidewalk from Avocet Drive. There is a power
pole directly in the middle of the sidewalk from Avocet which creates a problem.
Specifications were considered. Plans are to excavate 6" of top soil. A request
was made to have the City crew help take out the top soil. It is possible to
obtain some help from the Bonneville County inmate work program which is directed
by a Sheriff's Department deputy with an on-the-j ob supervisor. In place of
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September 7, 1995
advertising for bids to lay the asphalt, three written proposals can be solicited.
The walking path will generate some Eagle Scout projects. Thoughts should be given
to recognition for Russell Swensen who has spent countless hours on the project.
Cantlon Properties has presented for approval a First Amended Plat of Ammon Town
Center Division No.1 to replat Lots 6-A, 6-B,7-A, 8, 9 and 10, Block 1. The plat
was presented to the Planning and Zoning Commission on September 5, but they did
not have a quorum to act on it. The amendment adjusts lot lines and necessitates
trading Lot 7-A, Block 1 (.74 acre) now deeded to the City for Lot 14, Block 1 (.88
acre) designated for the retention pond. There is apparently no problem with the
location of the pond provided it adequately meets the needs. The developer needs
to submit a volume calculation. There needs to be provisions so the water will
flow into the pond and can be pumped out. The pump has already been installed so
the City needs to know if the developer proposes to leave the pump where it is or
to relocate it. If the pump is to be left where it is, a profile is needed to show
how water will run from the bottom of the other pond. Public Works Director
Wadsworth questioned about the City's responsibility for financing Hitt Road when
City property will be located on Hitt Road right-of-way. Before any approval is
granted, the City should request to see development drawings to show how the pond
is to be handled. Richard Dare of Mountain River Engineering was asked to take
the concerns back to the developers. One of the plats shows an easement across
the property but no one has been able to determine what it is for. Unless more
information is received, it will be removed from the amended plat.
Councilman Crandall moved to approve the City of Ammon budget for the 1995-96
Fiscal Year as tentatively approved and to authorize Mayor Ard to certify the
property tax to Bonneville County. The motion was seconded by Councilman Maeser.
Roll Call vote: Crandall - Yes; Maeser - Yes; Loveland - Yes. The motion carried.
Attorney Anderson introduced Ordinance No. 244, AN ORDINANCE PROVIDING FOR THE
ANNUAL APPROPRIATION FOR THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO; FOR THE
APPROPRIATION OF THE SEVERAL FUNDS AND THE PURPOSES FOR WHICH APPROPRIATED DURING
THE FISCAL YEAR 1996, COMMENCING OCTOBER 1, 1995, AND ENDING SEPTEMBER 30, 1996,
AND PROVIDING FOR THE AMOUNT APPROPRIATED FOR SUCH FUNDS.
The Mayor and City Council read Ordinance No. 244 in full. Councilman Maeser moved
that the City Council dispense with the rule requiring the reading of the ordinance
on three different days and that the three readings be waived. The motion was
seconded by Councilman Crandall. Roll call vote: Maeser - Yes; Crandall - Yes;
Loveland - Yes. The motion carried.
Ordinance No. 244 was read by title. Councilman Maeser moved to adopt Ordinance
No. 244 as an ordinance of the City of Ammon on its third and final reading by
title. The motion was seconded by Councilman Loveland. Roll call vote: Maeser-
Yes; Loveland - Yes; Crandall - Yes. The motion carried.
Galusha, Higgins, and Galusha submitted a three year audit proposal. Councilman
Crandall suggested that only a one year agreement be approved because there will
probably be some changes in the Council as of January 1, 1996. Councilman Crandall
moved to accept the proposal of Galusha, Higgins, and Galusha for the audit for
the fiscal year ending September 30, 1995, in the amount of $4950. The motion was
seconded by Councilman Maeser. Roll call vote: Crandall - Yes; Maeser - Yes; Hall -
Yes. The motion carried.
Councilman Maeser moved to authorize Mayor Ard to sign the 1995-96 Fiscal Year Law
Enforcement agreement with Bonneville County in the amount of $83,058. The motion
was seconded by Councilman Crandall. Roll call vote: Maeser - Yes; Crandall -
Yes; Hall - Yes. The motion carried.
Councilman Crandall moved to adopt Resolution 95-1 A RESOLUTION PROCLAIMING THE
GENERAL CITY ELECTION TO BE HELD ON TUESDAY, NOVEMBER 7, 1995, DESIGNATING THE
POLLING PLACE, DESIGNATING THE REGISTRAR AND DEPUTY REGISTRARS, AND ORDERING THE
CITY CLERK TO GIVE NOTICE OF SUCH ELECTION. The motion was seconded by Councilman
Maeser. Roll call vote: Crandall - Yes; Maeser - Yes; Loveland - Yes. The motion
carried. Val Loveland is currently Registrar for Bonneville County Precinct No.
48, and there was a question whether or not she be used for the City of Ammon
election because her husband is a City Councilman. In order to eliminate any
question of conflict of interest, Attorney Anderson advised that Val Loveland not
be used as a registrar for the City Municipal Election to be held November 7,
1995.
Darrell West has accepted the position as Bonneville Metropolitan Planning
Organization Deputy Director. He will begin his duties as Deputy Director on
September 18, 1995, to replace Sonna Lynn Lewis.
Reports: Public Works Direc tor David Wadsworth reported that James Southwick's
term on the Bonneville County Planning and Zoning Commission will be expiring. It
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September 7, 1995
is recommended that Ammon submit some names for a replacement to represent City
of Ammon on the County Commission.
Fire Chief Ca1 Smith reported the hydrant inspections for the City have been
completed. The department has applied for a sponsorship from 7-Up, and they are
waiting to hear if they receive the award. Firms donate money to sponsor volunteer
departments, and Ammon is the only department west of the Mississippi to apply.
The department plans to send letters to local businesses to request donations.
Councilman Maeser agreed to draft a letter for the department to use.
Attorney Anderson inquired about the status of the Human Resource apartment complex
development. They were going to send materials for a development agreement, but
no one has heard anything from them.
The Ammon Town Center development is proceeding at a good pace. They are ahead
of schedule.
Councilman Maeser reported the Association of Idaho Cities wants volunteers to
serve on their legislative committee. The committee meets to plot a strategy and
promote legislation to benefit cities.
City Clerk Jensen advised that David and Marcy Caruthers, 2600 Ross Avenue, asked
to have their non-commercial kennel license reinstated for three dogs. Their
kennel license has been inactive for some time so the City Office decided to check
with the neighbors to see if they were still agreeable. One of the neighbors
objected strongly. The majority of the other neighbors stated they can live with
the three dogs Caruthers now have but they object to any increase in the number
of dogs. Approval of the Council was requested for the City Clerk to notify
Caruthers that they can activate their non-commercial kennel license for three dogs
but if they plan to increase the number they must make a new application and
obtain 75% approval from property owners within 150 feet. The Council agreed to
the proposed action.
City employee Keith Roberts has been on sick leave for an extended period. He was
on vacation for three weeks. When he returned to work, he only worked one day and
a few hours. He has been off ever since with pneumonia and blood clots. His vaca-
tion started the end of July.
Claims were approved.
motion was seconded by
Councilman Maeser moved to adjourn the meeting, and the
Councilman Crandall. The meeting was adjourned at 9:25 P.M.
o~0
ATTEST
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CITY CLERK !/
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NOTICE OF PUBLIC BEARING
BUDGET FOR FISCAL YEAR 1995-96
CITY OF AMMON, IDAHO
244
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, 1995 - September 30, 1996, pursuant to the provisions of
Section 50-1002 Idaho Code. The hearing will be held at City Hall, 3270 Molen
Street, Ammon, Idaho, at 7:30 P.M. on Thursday, September 7, 1995. All
interested persons are invited to appear and provide comments regarding the
proposed budget. Copies of the proposed budget (in detail) are available at the
City Clerk's office from 8:00 a.m. to 12 Noon and 1:00 p.m. to 5:00 p.m.,
weekdays. City Hall is accessible to persons with disabilities. Anyone
desiring accommodations for disabilities related to the budget documents or the
hearing, please contact the City Clerk's office at 529-4211 at least 48 hours
prior to the public hearing.
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, 1995 - September 30, 1996.
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
FY93-94
Actual
Expenditures
$
108,264.00
86,802.00
117,427.00
22,594.00
$ 335,087.00
65,717.00
210,983.00
187,156.00
88,387.00
161,397.00
FY94-95
Budget
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
FY95-96
Proposed
Expenditures
$
338,820.00
102,495.00
55,500.00
40,000.00
$ 536,815.00
120,472.00
528,000.00
226,490.00
210,000.00
191,900.00
$1,813,677 .00
ESTIMATED REVENUE
The estimated revenue for the City of Ammon, Idaho, for the fiscal period
October 1, 1995 - September 30, 1996, is as follows:
GENERAL FUND TAX LEVY $
REVENUE FROM OTHER SOURCES
State Revenue Sharing
Inventory Replacement
Franchises
Liquor Apportionment
Building Permits
Licenses
Magistrate Court
Bonds, Animal & Parking
Recyling
LID Transfer
Recreation Fees
Water Fund
Sewer Fund
Sanitation Fund
Highway Users
County Road & Bridge
Interest Earnings
Grants
Misc. & Transfers
Carry Over
TOTAL ESTIMATED
REVENUE $1,376,195.00 $1,807,296.00 $1,813,677.00
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 the fiscal year 1995-1996, all of which have been
tentatively approved by the City Council on August 17, 1995, and entered at
length in the Journal of Proceedings. Dated this 17th day of August, 1995.
Aleen C. Jensen, City Clerk-Treasurer
$1,048,727.00
$1,807,296.00
FY93-94
Actual
Revenues
153,600.00
FY94-95
Budget
Revenues
156,500.00
$
140,274.00
8,469.00
24,977.00
76,792.00
42,031. 00
2,300.00
4,473.00
331. 00
902.00
.00
38,604.00
274,487.00
237,185.00
112,397.00
181,651. 00
219.00
34,969.00
.00
42,534.00
131,700.00
7,000.00
25,000.00
14,192.00
40,000.00
3,000.00
3,500.00
600.00
600.00
28,515.00
41,775.00
260,000.00
222,490.00
108,000.00
178,000.00
2,500.00
30,000.00
.00
400.00
553,524.00
Published: Aug. 30 & Sept. 3, 1995
$
FY95-96
Proposed
Revenues
167,600.00
154,000.00
7,000.00
26,000.00
21,288.00
40,000.00
3,000.00
2,500.00
200.00
1,900.00
2,000.00
41,250.00
338,000.00
226,490.00
110,000.00
191,800.00
100.00
25,000.00
17,000.00
2,000.00
436,549.00
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September 7, 1995
AMMON CITY COUNCIL
Dear Council:
I would like to express some thoughts and concerns on the Ammon street sign
project and traffic problem.
The two new schools have made a big impact on our city as far as traffic I
is concerned, and the traffic study pointed out some things that should be
changed, to help with traffic control. The four way stop should have been put
at Midway and Owen long ago but since the stop at Midway and Rawson has been
removed, myself and my wife have been in three near accidents. The study
pointed out that there have been no accidents at Midway and Rawson, I wonder
why?, that has always been a four way stop.
Big buzz words like collector roadways and the like, are great but the
truth is we only have 4 streets that can handle the traffic and speed of
collector roads. They are Ammon, 17th, Sunnyside, and Hitt Road.
I think we need to try to educate students and parents alike to slow down.
This is still a residential area. We also need more speed control from the
County for our increase in law enforcement budget for 95-96.
It's going to take a lot of money we don't have to turn Owen and Midway
into "collector" streets by taking down all stop signs and allowing 35 plus mph
traffic. I'm not sure we need that, this is still a small town and this is a
residential area and heavy elementary school area. I hope we don't get one of
our little kids killed to promote smooth traffic flow.
I know stop signs are not supposed to be used for speed control but when
they are in place the drivers cannot attain as high a speed between them as with
none.
Signed: Ken and Debbie Shepherd
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