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Council Minutes 9/12/2006 (212) 278 May 3, 1990 CITY May Of 3r AMMON 1990 Minutes of the Regular Meeting of the Mayor and City Council: The meeting was called to order at 7:30 P.M. by Mayor C. Bruce Ard with the fol- lowing City Officials present: Mayor C. Bruce Ard Councilman Marvin J. Anderson Councilman Michael B. Browning Councilman Harvey L. Crandall Councilman Greg J. Maeser Brian D. Taylor, Planning & Attorney W. Joe Anderson Engineer David E. Benton Public Works Director David Wadsworth Fire Chief Cal Smith City Clerk Aleen C. Jensen Zoning Commission Representative I Others present: Robert and Lisa Hale, 1845 Eagle Drive, Ammon Richard and Thisbe Olesko, 3260 Circle S Drive, Ammon Larry Ferguson Beverly Boyle, 3750 Marlene, Ammon Gene and Linda Killian, 3225 Circle S Drive, Ammon Donna Christensen, 3325 Circle S. Drive, Ammon Jo Elg Fikstad, 3370 Circle S Drive, A~on Terry Montague, 3305 Circle S Drive, A on Carol Van Dyck, 3290 Circle S Drive, A on Jerry and Gaylanne Clark, 3265 Circle S rive, Ammon Don and Helma Blatter, 3365 Circle S Dri e, Ammon Terry and Sheila Johnson, 3345 Circle S rive, Ammon Sherry Wise, 2079 East Eastgate Drive, on The pledge of allegiance to the flag wasi directed by Mayor Ard, invocation was offered by Councilman Mae'Ser. and the Councilman Maeser recommended that the Mayor and City Council follow the suggestion of some of the local citizens to express gratitude to Beverly Boyle for her dedicated service to the Boys' Knothole Baseball program. Mrs. Boyle has worked with the program for approximately twelve years, and she is now moving to Boise. Councilman moved to name the middle ball diamond at McCowin Park the Beverly Boyle Field in recognition of outstanding community service. I The motion was seconded by Councilman Crandall. Roll call vote: Maeser - Yes; Crandall Yes; Anderson Yes; Browning Absent. The motion carried unanimously. Robert and Lisa Hale, 1845 Eagle Drive, presented a proposal to operate the Malibu Shaved Ice Concession at McCowin Park by the swimming pool. The Council agreed to study the proposal, and Councilman Anderson and/or Councilman Crandall will get back with the Hales. Brian Taylor represented the Plannin and Zonin Commission to report their findings and recommendations. The req est for a rezone from RSC-l to C-l of the property on the Southwest corner of the intersection of Ammon Road and Sunnyside Road was tabled until later n the fall. The request was denied for Earl Barrow to place a travel trailer on the residential lot at 2665 Western Avenue to be used as a temporary resildence. It was recommended the Council schedule the required Public Hearings hecessary to adopt the revisions to the Area of Impact Agreement Ordinance bet~een Idaho Falls, Ammon, and Bonneville County. The Planning and Zoning CommisiSion members have requested individual zoning maps for their use. Engineer Benton promised to provide tracings of the zoning map. The maps would not be colored, but they would be marked with appropriate symbols to indicate the zones. Residents of Circle S Drive were invited to Council Meeting to express their feelings about whether or not the City should establish no parking inthe street I on Circle S Drive. A few years ago, the City Council set by resolution that streets thirty-six feet (36') or less in width should be "no parking" streets. Circle S Drive is thirty-six feet (36') wide, but is is a dead-end street, and emergency vehicles have difficulty driving down the street. Recently, the fire truck had problems responding to a fire, and after the fire was controlled, the truck had to back out of Circle S Drive. Safety of children is also a problem. Residents expressed their views, and the Council responded. Those who voiced opposition to no parking in the street !were Carol Van Dyck, Richard and Thisbe Olesko, Gene Killian, Terry Johnson, erry Montague, and Helma Blatter. The reasons they expressed for their op osition were: buyers should not be responsible for inadequate planning of the developer, narrow lots, no sidewalks, negligible amount of traffi on the street, parking allover the lawn looks terrible, residents are willing to cooperate with emergency vehicles, and owners have rights. Jo E g Fikstad and Donna Christensen favored some action by the City for the safety of the children and the protection of I I I Book 7-279 May 3, 1990 the property owners in emergency situations. Councilman Browning proposed that the City contact the owner of the piece of property at the end of Circle S Drive to request access for a turn around to be graveled by the City and the cost evaluated to see if it would be feasible on a temporary basis until the street is opened. The motion was seconded by Councilman Maeser. Roll call vote: Browning - Yes; Maeser - Yes; Crandall - Yes; Anderson - Yes. The motion carried unanimously. Councilman Maeser moved to approve the minutes of the City Council Meeting held April 19, 1990. The motion was seconded by Councilman Browning. Roll call vote: Maeser - Yes; Browning - Yes; Crandall - Yes; Anderson - Yes. The motion carried unanimously. Terry Johnson expressed concern about the fence at 3225 Circle S Drive. It does not allow a clear view of the intersecting street. No action was recommended, but the Council agreed to observe the situation. Sherry Wise, Manager of Teton Plaza Mobile Home Park,inquiredabout Animal Control policies. She was particularly interested in the hours an Animal Control Officer is available. She complained about poor response from the City on dog problems, the non-availability of the Animal Control Officer because of assignment to other City jobs, and preferential treatment of City Hall. Robert P. Thompson was introduced as the new Animal Control Officer. Discussion followed on dog problems, cat problems, enforcement of City ordinances, budget for Animal Control, and employee problems affecting Animal Control. Sherry Wise expressed that her maj or concern in introducing the problem was to determine how to get help when she needs it. The Council recognized dogs are a problem and agreed to continue to work toward effective control. Information was received today from Harold T. Duryee of Federal Emergency Management Agency, Washington D. C. regarding our request for a basement exception in the floodplain. "FEMA has reviewed your request for an exception under 44 CFR 60.6 (c). The exception will be granted following adoption by the city and approval by the FEMA Regional Office of floodplain management ordinance amendments which contain the provisions listed below. The provisions are to ensure that floodproofed basements are designed and constructed so that hazards to life and property are minimized." Mayor Ard introduced Ordinance No. 216: AN ORDINANCE TO AMEND ORDINANCE NO. 191 FOR THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO, TO ADD A SECTION 1.1 TO MAKE CERTAIN FINDINGS OF FACT; TO ADD TO SECTION 2 CERTAIN DEFINITIONS FOR THE ADMINISTRATION OF SAID ORDINANCE; TO AMEND SECTION 3.2 OF THE ORDINANCE TO PROVIDE FOR THE CURRENT OR UPDATED FLOOD INSURANCE MAP; TO ADD A SECTION 3.3 TO PROVIDE FOR PENALTIES FOR NONCOMPLIANCE; TO ADD A SECTION 3.4 TO PROVIDE FOR THE ABROGATION AND GREATER RESTRICTIONS, TO ADD A SECTION 3.5 TO PROVIDE FOR INTERPRETATION, TO ADD A SECTION 3.6 TO PROVIDE FOR WARNING AND DISCLAIMER OF LIABILITY; TO AMEND SECTION 4.1 TO PROVIDE FOR A DEVELOPMENT PERMIT, TO AMEND 4.3-2 FOR THE USE OF OTHER BASE FLOOD DATA; TO AMEND SECTION 4.3-3 TO PROVIDE FOR THE INFORMATION TO BE OBTAINED AND MAINTAINED; TO PROVIDE FOR A NEW SECTION 4.4 FOR THE PROCEDURE FOR VARIANCES; THAT SECTION 5.1-1(2) and (3) SHALL BE DELETED AND OMITTED, THAT IN PLACE THEREOF SECTION 5.1-1(2) SHALL BE AMENDED; THAT SECTION 5.1-2 SHALL BE AMENDED BY THE ADDITION OF SUBSECTION 3 AS TO CONSTRUCTION MATERIALS AND METHODS; SECTION 5.1-5 SHALL BE AMENDED TO PROVIDE FOR A MINIMUM ELEVATION ABOVE GRADE; SECTION 5.2-1 SHALL BE AMENDED TO PROVIDE FOR STANDARDS FOR RESIDENTIAL CONSTRUCTION; THAT SECTION 5.2-2 SHALL BE AMENDED TO PROVIDE FOR STANDARDS FOR A NONRESIDENTIAL CONSTRUCTION; THAT SECTION 5.2-3 CONCERNING MOBILE HOMES SHALL BE DELETED AND OMITTED, IN PLACE THEREOF SECTION 5.2-3 RELATIVE TO MANUFACTURED HOMES SHALL BE ADOPTED; SECTION 5.4 SHALL BE AMENDED BY THE ADDITION OF SUBSECTION 2 (2) TO PROVIDE FOR NEW CONSTRUCTION AND SUBSTANTIAL IMPROVEMENTS OF NONRESIDENTIAL STRUCTURES WITHIN AO ZONES; THAT SECTIONS 7 AND 8 SHALL BE DELETED; THAT SECTION 9 SHALL BE ADDED TO PROVIDE FOR ACCESSORY BUILDINGS; PROVIDING FOR AN EFFECTIVE DATE OF THE AMENDED ORDINANCE. Councilman Browning moved to amend the proposed Ordinance No. 216 by the addition of the proposals as expressed in the communication from FEMA received by fax today. The motion was seconded by Councilman Maeser. Roll call vote: Browning - Yes; Maeser - Yes; Crandall - Yes; Anderson - Yes. The motion car- ried unanimously. Councilman Browning 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. 216 be passed on its third and final reading. The motion was seconded by Councilman Maeser. Roll call vote: Browning- Yes; Maeser - Yes; Crandall - Yes; Anderson - Yes. The motion carried 280 May 3, 1990 unanimously. The Council reviewed the floodplain requirements and the flood insurance program. No building permi s which include basements should be issued for construction in the floodplain until final approval is received from the FEMA Regional Office. Spring Cleanup Day is scheduled for Saturday, May 5. David Roseberry, Scout, is supervising the delivery of a notice of the cleanup day and a garbage bag to each house in Ammon. The Public Works'crew is ready to collect garbage on Saturday. Jennifer Oswald, Swimming Pool Manager, prepared a schedule of dates and fees for the 1990 season. The pool will open on June 11 and close on August 18. There will be five sessions of swimming lessons. Some of the fees have been I increased. Councilman Anderson moved Ito approve the swimming pool schedule as prepared by Jennifer. The motion wasi seconded by Councilman Browning. Roll call vote: Anderson - Yes; Browning - Yes; Crandall - Yes; Maeser - Yes. The motion carried unanimously. Regarding the Malibu Shaved Ice Concession at the pool, Councilman Anderson and Councilman Crandall were authorized to negotiate with the Hales. The method of chlorination for the pool was discussed. Installation of an automatic system was authorized provided it can be accomplished within the budget. Councilman Crandall recommended to include fixing up the City Council room in our improvement plans. Personnel matters were discussed. A new employee, Robert P. Thompson, has been hired to work with Animal Control and wherever needed in Public Works. Keith Roberts has been in the hospital since May 1 with back problems. Thompson has been assigned to sanitation detail in Roberts' place, but Thompson has had shoulder problems so he can't work in sanitation. Julie Ferguson has been on workers' compensation, and the doctor has released her to return for light duty on May 7. Neither Thompson or Ferguson should do anything in sanitation except drive the truck. Fire Chief Cal Smith presented proposed amendments to the City Code Title 4, Chapter 2 - Fire Department; Title 7, Chapter 2 - Uniform Fire Code; and Title 9, Chapter 9 - Open Burning. The Council was instructed to study the proposals and become prepared to vote on them at a future meeting. I Mayor Ard discussed underground storage tanks. Our fuel tanks are nearly empty, and this is a good time to decide what to do to meet the EPA requirements. It was recommended that the fuel tanks be filled for this year and plans be made to relocate them during the next budget year. There is a leakage test available, but the tanks need to be full. Reports: Public Works Director Wadsworth reported that some area swimming pools may not be offering lessons this year, so Ammon may want to give Ammon residents priority. Bonneville County has been contacted to spray dandelions in the parks. Hazen Olsen's cross-over ditch problem has been solved. Work is progressing on Wellhouse No. 7 and the swimming pool. Wadsworth was asked to contact Bonneville County about striping East 17th Street and their availability for this year's road improvement project. Councilman Browning advised that he had contacted Young, Bell and Webb regarding the audit contract since Kitty Dooley had left their company. They plan to honor their agreement with the City of Ammon, and Jay Webb is the contact person. Mayor Ard reported on the response of Blaine Davis to Attorney Anderson's letter requesting him to park his refrigeration truck away from the residential area while it is running. Mr. Davis has been parking the unit at Well No.7. Attorney Anderson was! asked to send a follow-up letter to thank Davis for complying. Claims werei approved. I Councilman Browning moved to adj ourn the meeting. The meeting was seconded by Councilman Crandall. The meeting was adjourned at 10:30 P.M. O. - d:) ATTEST (;[~(! ~ CITY CLERK /