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Council Minutes 10/04/1990 300 September 20, 1990 their funding, and they needed support from all the surrounding communities, but they have not reported back to the City of Ammon. Mayor Ard agreed to contact C.A.R.T. and a contribution will be withheld until we learn more about their plans. Mayor Ard reported on attendance at the meeting of the Mayor of Idaho Falls Action Committee on Drugs. The function of the Committee is to aid in local drug education, enforcement, prevention, and rehabilitation programs throughout the community. Councilman Crandall moved to adjourn the meeting. The motion was seconded by Councilman Anderson. The meeting was adjourned at 8:45 P.M. o-~ I ATTEST: ?~C!,p~~ CITY CLERK // CITY OF AMMON October 4, 1990 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 Harvey Crandall Councilman Ira K. Hall Councilman Greg J. Maeser City Clerk Aleen C. Jensen at 7:30 P.M. by Mayor C. Bruce Ard with the fol- Attorney Scott Hall Engineer David E. Benton Public Works Director David Wadsworth Fire Chief Cal Smith P&Z Commission Representative Elaine McGary Others present were: Terry and Linda Edwards representing Harold Loveland, 3320 Molen Street Pam Draper, Manager of Grand Teton Self Storage, 2595 East 17th Street Richard Marshall, U-Haul Company of Idaho Richard Butler, 2670 Salmon Street Fred and David Cowart (Scout), 2050 Cabellaro Matt Amonson (Scout), 2255 Midway I Absent: Attorney W. Joe Anderson The pledge of allegiance to the flag was directed by Councilman Maeser, and the invocation was offered by Councilman Hall. Richard Butler, 2670 Salmon Street, requested a non-commercial kennel license for three All American Water Spaniel dogs. Nine (81. 8%) of the "persons in possession of premises within 150 feet" signed to approve the application. Councilman Maeser pointed out that he did not see any problems, but any changes in the number of dogs may make it necessary to review the application. The applicant asked permission for his three dogs to not wear the City license tags because they are show dogs and the tags often wear off their hair. He stated he keeps his dogs confined to his property, and two of the dogs have identification numbers tattooed on them. The Council agreed to the request provided the dogs always have a current license and the tattoo numbers are filed with the City office. Mr. Butler asked why three dogs require a kennel license but a person can have an unlimited number of cats. The difficulties of cat licensing were discussed. Councilman Maeser moved to approve the application for a non-commercial kennel license for Richard Butler, 2670 Salmon Street. The motion was seconded by Councilman Hall. Roll call vote: Maeser - Yes; Hall - Yes; Crandall - Yes. The motion carried unanimously. Pam Draper and Richard Marshall represented the U-Haul operations of Grand Teton I Self Storage, 2595 East 17th Street. A number of citizens have expressed concern that a U-Haul business is being operated by parking the rental vehicles along the curb on Falcon Drive. Draper and Marshall responded to a letter Mayor Ard wrote to Dennis Austad, owner of the business, requesting that he provide other parking. The Council suggested that possible solutions were to park the trucks on the west side of the business as originally planned or to arrange to use the vacant property on the east side of Falcon Drive. Attorney Scott Hall counseled that it is in violation of State ordinance (Title 49 Idaho Code) to operate a commercial business by parking along the street. Also, there is potential liability for the City to allow such an operation to continue. Pam Draper and Richard Marshall stated they do not want to break any laws, but their customers need a place to drop off the rental units when they are returned at all hours of the day or night. After the U-Hauls are checked in, the trucks can be parked on I I I Book 7-301 October 4, 1990 the west side, but the trailers present a problem. The U-Haul business operations were discussed, and the Council listened to their pleas for parking consideration. The City has no alternative but to enforce the law. Councilman Hall summed up the discussion by commending Grand Teton Self Storage and U Haul for the good service they provide our community, but there are rules and regulations to be complied with. Elaine McGary reported for the Planning and Zoning Commission. Two public hearings were conducted on October 2, 1990. One involved the request of School District No. 93 for annexation and initial zoning of Bjornsen property and Ricks property located south and west of South Bonneville Junior High School with a special use permit to allow a high school. The Planning and Zoning Commission recommended to the City Council that the request made by the School District be approved. A major concern of the Council is that development plans provide for accesses so Sunnyside Road does not become a school zone. The second hearing considered a request presented by Engineer Garth Cunningham and Developer Richard Skidmore for final plat, annexation, and initial zoning of Fox Hollow Division No. 1 which is located across First Street to the north from Tie Breaker Elementary School. The Planning and Zoning Commission recommended to the City Council approval of the Fox Hollow Division No. 1 and suggested that the development plans make provision for accessing First Street. The developer plans to provide for street drainage with a curb and gutter variation. The curb and gutter plans have merit but should be given further consideration before final approval is granted. Public hearings before the City Council were scheduled for Thursday, November 1, and the City Clerk was authorized to so advertise. Terry and Linda Edwards, who are looking after the house and property owned by Harold and Betty Loveland at 3320 Molen Street expressed concern that the contractor who is excavating to build a house at 3155 Romrell Lane piled dirt and gravel on Loveland's garden. They also questioned whether or not the lot meets the size requirement to allow for a house with all the setbacks outlined for the R-l zone without encroaching on Loveland's property. The deed to the property issued by Valley Bank specifies that the lot has an 85' frontage on Romrell Lane. However, no stakes have been located to establish the property line. Engineer Benton advised that it is the property owner's responsibility to determine his property line, and the City is responsible to check setbacks. The Council determined that footings and foundation for the house are not to be poured until the property line and setbacks are verified. Councilman Crandall moved to September 20, 1990, as written. call vote: Crandall Yes; unanimously. approve the minutes of City Council Meeting held The motion was seconded by Councilman Hall. Roll Hall Yes; Maeser Yes. The motion carried Councilman Maeser has revised the City's personnel policy, and he reviewed the recommended changes. The changes include clarification of employment "at will"; elimination of the word "permanent" because that could count as a contract; addition of a holiday for Martin Luther King Jr./Idaho Human Rights Day with the one special holiday to be approved by the City Council; new employees are required to serve a "trial period" to end as determined on an individual basis; addition of a section on workers' compensation; and revisions to the disciplinary section to provide for discretionary action so the employee and/or the employer are not locked in. The Council should study the policy and prepare to act on it at a future meeting. Information has been received from the Idaho Department of Parks and Recreation on the legal descriptions of Ammon's parks that have been developed with grant funds. Engineer Benton is using this information to work up a combined description and map of the park properties so the Council can proceed with rededication of the parks for recreational use. This is as requested by the state to celebrate the 25th year anniversary of the Land and Water Conservation Fund. The State Transportation Department has advised the City regarding the recent update of their Six Year Project Development Schedule of all funding categories. "Due to funding constraints and the need to prioritize projects the City's Ammon- Lincoln Road Proj ect has slipped from FY 1991 to FY 1992." Mayor Ard discussed the problem with the State Transportation Department who advised the Ammon Road plans were incomplete when projects were prioritized. However, there is a possibility that all funds may not be allocated, so Ammon should not give up. Forsgren Associates have revised and resubmitted the preliminary design plans. Engineer Benton encouraged the City to push the irrigation structure and to synchronize with Bonneville County as they work north of East Seventeenth Street. Councilman Maeser moved to authorize Mayor Ard to sign the law enforcement agreement with the Bonneville County Sheriff's Department for 1991 Fiscal Year. The motion was seconded by Councilman Crandall. Roll call vote: Maeser - Yes; Crandall - Yes; Hall - Yes. The motion carried unanimously. 302 October 4, 1990 Engineer Benton explained Idaho Transportation Department's 1990 Edition of its "A Policy for the Accommodation of Utilities Within the Right-of-Way of the State Highway System in the State of Idaho." Councilman Crandall encouraged collection of information on fixed assets to be included in the annual audit. The City has not included an accounting of fixed assets. By establishing a record of costs, values, depreciation, etc., we have a more accurate picture of our financial status. Utah Power and Light is ready to install the additional street lights in Ammon. Lights are proposed as follows: 1 - Heather Lane, 1 - Spencer Lane, 1- Sabin Drive, 1 - Cabellaro, 1 - Mason Street, 1- Wanda Street, 1 - Matchpoint Drive, and 2 - Tie Breaker Drive. Utah Power would like authorization from the Mayor to proceed with the installation. Councilman Hall moved to authorize Mayor Ard to complete the agreement with Utah Power for installation of the seven City recommended street lights and the two in the new Meadow Lark development. The motion was seconded by Councilman Maeser. Roll call vote: Hall - Yes; Maeser - Yes; Crandall - Yes. The motion carried unanimously. I Fire Chief Cal Smith discussed the possibility of obtaining a D.O.E. 1972 C Grade fire engine that was taken out of circulation about a year ago. The Fire Department has considered whether or not to submit a request for a donation of the engine. If the D.O.E. engine could be obtained, the Fire Department could use the $46,000 budgeted for another fire engine to equip, refurbish and recertify the donated unit. Chief Smith discussed the present condition of the engine. It's main drawback is the size, an overall length of thirty feet, and it's maneuverability. The Council discussed the pros and cons. It was decided that, if a donation is possible, it would be a worthy acquisition. Councilman Maeser agreed to work with Dixie Richardson of Senator Symms' office to try for the donation. Councilman Crandall stated that Bernice McCowin says the McCowin family is still interested in a gift for McCowin Park at a cost of $500 to $1000. Also, the Bonneville County Centennial Committee has authorized $500 for Ammon to use to commemorate the Idaho Centennial. Suggestions were to purchase playground equipment for Falcon Park or something like a table to upgrade the City Council Room. Reports: Fire Chief Cal Smith commented on vandalism to the restroom building in I Lion's Park and the hazard of children playing with the loose wiring. Public Works Director David Wadsworth added that the vandalism is great on all the park buildings. Mark Smith completed his Eagle project by erecting a Fire Department identification sign on East Seventeenth Street. Another Eagle Scout, Curtis Godfrey, worked on Fire Department improvements. He planted sod in front of their building, and he marked the door casings with yellow paint. Godfrey's proposal for a 50-50 agreement with H-K and the City to pave a 30' X 90' pad in front of the building has not materialized. Councilman Crandall was asked to follow up. Attorney Scott Hall advised that a number of Idaho counties have joined together to form their own insurance pool. They are now inviting cities to join the county pool. If the City of Ammon has an interest in their program, Attorney Hall suggested a representative make a presentation to the Council. The Council decided to have the program presented at Council Meeting on October 18. Councilman Maeser reminded the Council of the ethics in government act passed by the legislature. He encouraged the City Officials to be careful and sensitive in their dealings. Any appearance of impropriety should be avoided. Interest in a contract and conflict of interest were discussed. We should always be upfront and remember we don't know where the line is drawn until the court rules on the case. Keith Turnbow, 3640 Ross Avenue, is not satisfied with the road improvements by his house and has threatened to sue the City. Now that the new layer of pavement I has been added, the slope of his driveway causes vehicles to scrape as they back out. The contractor and the City do not know what to do about it because the pavement needs to have a uniform slope and not dip by his driveway. Engineer Benton agreed to send a crew out to check and to have a recommendation for the next City Council Meeting. Councilman Crandall moved to adjourn the meeting. Councilman Hall. Meeting was adjourned at 9:45 P.M. The motion was seconded by ATTEST ~.e~ CITY CLERK l/ I c:;:~~D MAYOR