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Council Minutes 9/12/2006 (70) ~~... I I I 89 October 3, 1996 CITY OF AMMON October 3, 1996 Minutes of the Regular Meeting of the Mayor and City Council: The meeting was called to South Ammon Road, Ammon, present: Mayor C. Bruce Ard Councilmember W. Lee Bean City Clerk Aleen C. Jensen Attorney W. Joe Anderson order by Mayor C. Bruce Ard in the City Building, 2135 Idaho, at 7: 35 P.M. with the following City Officials Engineer David E. Benton Public Works Director David Wadsworth Fire Chief Clarence Nelson Others Present: Michael E. Jones, 1805 Midway, Ammon Sheila Kent, 2585 Hillam Drive, Ammon Sydney Wagner, 3580 Georgia Lane, Ammon Jan Burnell, 3600 Georgia Lane, Ammon Cory Brighton, 3320 Rawson Street, Ammon Absent: Councilmember Sherrill C. Bohn Councilmember Ira K. Hall Councilmember Steven J. Loveland Due to lack of quorum, no official action was taken. However, there was discussion on some of the agenda items. Michael E. Jones, 1805 Midway Avenue, discussed the drainage problem near East 17th Street on the east side of Midway Avenue. Water collects in a large puddle on the west side of his business, Quality Water, and in front of his residence. He has lived with the problem for eighteen years, and he is tired of discussing solutions to the problem. He would like some action. The water can not run back to East 17th Street to drain. It flows toward the south. Ideas considered were building a French drain, installing curb and gutter, and the need for a six inch dip from the paved street. David Benton and David Wadsworth were asked to research the problem and to make a recommendation at next Council Meeting. Also, Michael Jones agreed to check with his neighbors to determine their interest in curb and gutter and to make a proposal to the City Council. Sheila Kent, 2585 Hillam Drive, returned to discuss their proposal regarding reconstruction and enlargement of their existing garage which is non-conforming with the required zoning setbacks. Kents would like the City to vacate the 99' street right-of-way on a portion of Rawson Street to make it 60' right-of-way from Western Avenue west to where it dead ends at the canal. This would bring four houses on Rawson Street into compliance with 30' front setbacks and two houses on Hillam Drive into compliance or near compliance with the side yard setback requirements. However, vacating the right-of-way opens the door for the other residents on Rawson Street in the original Ammon townsite to request right-of-way changes. Kents have considered alternate building plans which would cause them to be only two feet out of side yard compliance. Another possibility is to build a separate, large accessory building to be located back on their lot. Kents prefer to have the right-of-way vacated, and Mrs. Kent agreed to contact the property owners involved to obtain their opinions. Cory Brighton, 3320 Rawson Street, volunteered to help write job descriptions for the City of Ammon. He also agreed to bring in a copy of his job description from the City of Idaho Falls to be used for an example. Mayor Ard inquired about the recodification of the City ordinances. The Planning and Zoning Commission reviewed the draft copy of the zoning section, and they conducted a Public Hearing on that section on October 1, 1996. They recommended approval to the City Council. Procedures for continuing the recodification project were discussed. Attorney Anderson advised he had originally planned for the City Council to accept the recodification as a total package. However, in the Local Planning Act of the State there is a requirement that any change involving zoning requires a Planning and Zoning Commission hearing and a City Council hearing. In order to avoid any criticism of the passage, the City Council should hold a separate hearing on the zoning portion. Then the City Council should hold another hearing on the compiled codified ordinances. When the recodification is complete, the siting of manufactured houses will be included. It will be about six weeks before all the sections are ready. The two hearings can be held at one meeting time. One hearing should be advertised as reenacting of the zoning ordinances, and one hearing is to consider the codified ordinances. The Law Enforcement Contract for the 1997 Fiscal Year has been delivered to the Bonneville County Sheriff for approval. It was recommended that violations be l 90 October 3 and 17, 1996 cited under City ordinance rather than under State or County ordinance so the City receives more of the proceeds. Councilmember Bean expressed concern about youth gathering in the Legends parking lot. Gatherings occur at various times of day of night whether the store is open or closed. The meeting was adjourned at 8:30 P.M. ~g) I ATTEST .~e~ CITY CLERif CITY OF AMMON October 17, 1996 Minutes of the Regular Meeting of the Mayor and City Council: The meeting was called to order by Mayor C. Bruce Ard at 7: 30 P.M. in the City Building, 2135 South Ammon Road, Ammon, Idaho, with the following City Officials present: Mayor C. Bruce Ard Councilmember W. Lee Bean Councilmember Sherrill C. Bohn Councilmember Ira K. Hall Councilmember Steven J. Loveland City Clerk Aleen C. Jensen Attorney Brian Tucker Engineer David E. Benton Public Works Director David Wadsworth Fire Chief Clarence Nelson Asst. Fire Chief Robert Farrow Others Present: Ruby McGavin, 2850 Teton Street, Ammon Dale Ray Wilson, 2890 Teton Street, Ammon Cory Brighton, 3220 Rawson Street, Ammon Shauna Chesley Jan Burnell, 3600 Georgia Lane, Ammon Julie and Mike Bean, 3858 Marlene, Ammon Sheila Kent, 2585 Hillam Drive, Ammon Sam Hicken Joshua Lemmon Tyler and Steven Free Ted Bohn, 2085 Midway Avenue, Ammon Fred Adams Bryce and Karen Anderson, 465 Advantage Lane, Ammon Jan and Devin Sibbett, 205 Court Place, Ammon Stella Peterson, 3665 Brookfield Lane, Ammon I Absent: Attorney W. Joe Anderson The Pledge of Allegiance to the Flag was directed by Councilmember Loveland, and the invocation was offered by Councilmember Bohn. Karen Anderson, 465 Advantage Lane, expressed concern about the water problems in the Tie Breaker Village subdivision. During September the water pressure fluctuated quite a bit. Last week the water was shut off completely without any notice. She wondered if the City Council is aware that subdivision is still experiencing problems. Residents of Tie Breaker have been promised the problem would be taken care of, but it seems they continue to suffer for the new growth. I In frustration about the problem, Mrs. Anderson talked to a water supervisor from the City of Idaho Falls. He explained to her that they give advance notice when the water is shut off. Concerning the fluctuation problem, it should not be happening, but he did not have an explanation. Also, he recommended that a City have a ten year plan for water distribution. Well No. 8 is a major upgrade for the City of Ammon water system, and it should alleviate Tie Breaker's problem. The new well has been drilled, the distribution lines are in, and the rest of the project has been bid. Terry J. Taylor, 2290 Cabellaro Drive, has a son who is 80% deaf. Mr. Taylor sent a letter to request the City to put up a sign on Cabellaro Drive to alert motorists of "Deaf Child at Play." Attorney Tucker advised there is no state or federal law requiring or prohibiting the Council from deciding to erect such a sign. The decision is discretionary with the City Council. Public Works was authorized to place the sign. I I I 91 October 17, 1996 Sheila Kent, 2585 Hillam Drive, presented a petition which reads: "We as home owners on the street of Rawson and the corner of Rawson and Hillam request that the City of Ammon vacate the 99' street property, as that road will never be used as a 99' right-of-way from Western to the canal." The petition was signed Tim and Sheila Kent, 2585 Hillam; Ben A. Frei, 2590 Hillam Drive; Mona Nadine Frei, 2590 Hillam Drive; Jerald Hansen, 3010 Rawson; LaMar Hayward, 3030 Rawson; L. Simcask, 3040 Rawson; Levi N. Clements, 3066 Rawson; and Dorothy Clements, 3066 Rawson. The Kents want to reconstruct and enlarge their present garage, but they can not comply with zoning regulations unless the City grants them a side yard variance or vacates some of the Rawson Street right-of-way. This is the third time Mrs. Kent has appeared before the City Council, but no action has been taken to allow Council members time to visit the area. Mayor Ard called for discussion. Councilmember Loveland expressed opposition to vacation of the street right-of-way without consideration for the rest of Rawson Street. He believed the street right-of-way should be left as is. Councilmember Bohn was of the opinion that it makes sense to vacate the street right-of-way to bring six homes in compliance with the zoning regulations. Councilmember Bean was of the opinion the right-of-way should be vacated to bring the six houses in compliance. The property owners are not at fault, and the City does not have need for a 99' right-of-way. Councilmember Hall was concerned that if the right-of-way on any of Rawson Street is changed that the whole street needs to be changed and all the other 99' right-of-way streets in the original townsite of Ammon need changing. It is fine to vacate a piece of Rawson Street, but the Council needs to grant all others the same privilege. The right- of-way was there when the houses were built. They are out of compliance and have been grandfathered in for what they have, but they still maintain the same right for the property they own as the other citizens on the street. Unless the Council vacates all the wide streets, the right-of-way should remain as is. Engineer Benton explained the right-of-way for Rawson Street was established with the original Ammon townsite. There were no setback requirements when the houses were built. Councilmember Hall further emphasized everyone wants the same right. The six houses are out of compliance, but it is not a problem to the City unless they want to expand the non-conformance. Action to vacate should probably be considered at a public hearing. All property owners are entitled to be treated the same. Discussion was ended and Mayor Ard called for a motion. Councilmember Hall moved to deny the petition submitted by Sheila Kent for changing the right-of-way on Rawson Street in Hillview Village Division No.2. The motion was seconded by Councilmember Loveland. Roll call vote: Hall - Yes; Loveland - Yes; Bean - Yes; Bohn - Yes. The motion to deny the request carried unanimously. After the action to deny was completed, it was pointed out that even if the right-of-way was vacated to 60', the Kents could not extend their garage as much as they propose to. Also, the Council should consider completing a study and a plan for the streets dedicated at 99' right-of-way. Dale Wilson, 2890 Teton Street, reported that the residents at 2840 Teton Street have four full grown dogs, four or five puppies, and a chicken in their backyard. The dogs bark a lot at night, and they are allowed to run up and down the street in the day time. There is a terrible odor coming from the backyard. Recently Mrs. Wilson had to get after one of the dogs who was taking after the grade school kids. The incident was reported to the City, but the residents have not seen any results. It is rumored they are trying to obtain a kennel license, but the neighbors are reluctant to agree to a kennel license. The animal control officer has contacted the family about applying for a kennel license, but the application has not yet been returned. There was only one dog at 2840 Teton until about three weeks ago when a woman and her children moved in with the occupant, Robert Beck. The City has asked Beck to keep the dogs tied up, but the neighbors state he is not complying. Ruby McGavin, a neighbor, added her input about the problem. The neighbors were asked to call the City when the dogs are out. The City will follow up on the kennel license. Another problem at 2840 Teton Street is a fifth-wheel trailer has been parked on the side of the property and blocks the access to the City sump pump which controls the street drainage. Public Works Director Wadsworth advised the City does not have a dedicated access to the sump pump except by the canal. Robert Beck has been willing to allow the City aCcess. Wilson and McGavin believe there is a dedicated access to the street sump pump. The City Officials were asked to research to determine for certain whether or not there is a dedicated access. Councilmember Bohn moved to approve the minutes of City Council Meeting held September 19, 1996. The motion was seconded by Councilmember Hall. Roll call vote: Bohn - Yes; Hall - Yes; Bean - Yes; Loveland - Yes. The motion carried unanimously. The Law Enforcement Contract for 1997 Fiscal Year was discussed. Attorney Anderson contacted the Sheriff about the wording changes proposed by Ammon. The Sheriff did not have a problem with the contract except the County can not handle the added duty of enforcement of the parking or animal control ordinances. They will back the City up to enforce such violations if necessary. Councilmember Bohn moved to 92 October 17, 1996 accept the Law Enforcement Contract with Bonneville County for 1997 Fiscal Year as now proposed and to authorize Mayor Ard to sign it. The motion was seconded by Councilmember Loveland. Roll call vote: Bohn - Yes; Loveland - Yes; Hall - Yes; Bean - Yes. The motion carried unanimously. Cory Brighton brought a sample job description to give the City of Ammon some ideas. Brighton works for the City of Idaho Falls and the description is of his job. He volunteered to assist the City of Ammon in writing job descriptions for City employees. Councilmember Hall is working on job descriptions. Councilmember Bean encouraged speeding up the job description process by doing it administratively with employees rather than at City Council meeting. The drainage problem at Midway and East 17th Street by Michael Jones' property has not been resolved. The Council brainstormed ideas to correct the problem. It was recommended that the City develop a plan to prevent similar problems in the future. In the meantime, the Jones' problem needs to be resolved by the City or Jones needs to be notified it is his responsibility. Engineer Benton was asked to prepare some corrective plans for Council consideration. I In regard to the Rich Lane pigeon complaint, Counci1member Hall and Public Works Director Wadsworth visited the property. Keith Austin, the neighbor, has been complaining about the pigeons owned by George Lukasik at 3505 Rich Lane. Lukasik has a considerable number of pigeons but he has them in a coop well maintained. The complaint is the neighbor can not go out in his backyard because of the pigeons flying over, the pigeon droppings, and the noise. A good deal of time was spent on the premises. They looked closely for droppings in the grass, in the tilled garden, on the fence, under the power line, and on the satellite dish. They only found two droppings, and they did not hear any noise from the pigeons. There was no smell from the pigeons even with the wind blowing. Hall and Wadsworth just gathered information and left. The complaint was not discussed with Mr. Austin. After the visit Counci1member Hall received an irate telephone call from Mr. Austin inquiring about what the City planned to do. He was advised it was not known because there does not seem to be any ordinances to enforce. Mr. Austin also called the Mayor. Mr. Austin classifies pigeons as fowls, but the Mayor has information that indicates pigeons are not fowls. Mayor Ard has been over to the property three times, but he does not know what to do to satisfy Keith Austin. Austin's grandchildren were throwing rocks at the pigeons. Lukasik came out of his house and got after the children. Mr. Austin called the Sheriff and an officer came out to make a report which ended up as a hate report--Austin hates his neighbor because he is a foreigner supposedly here illegally. Mayor Ard asked the Council to be aware of the situation, but he did not know what action can be taken. Mr. Austin has been so advised. I In regard to the building permit for the indoor soccer arena, Richard Skidmore questions the need for a fire suppression sprinkler system. Fire Marshal Ca1 Smith informed Skidmore by letter about the requirements, but he indicated a sprinkler may not be necessary if additional entrances/exists are provided. Larry Schuldt, Building Inspector, interprets the code to require a sprinkler system with no exceptions. Considerable research through ICBO points out that the sprinkler system is necessary. The Fire Marshal and the Building Inspector need to reach an agreement and inform Skidmore. Another requirement is for three fire hydrants, and this could become an issue. Bids were opened on October 15 at 2:00 P.M. in the City Office for construction of a pump house, variable frequency drive control system for a 400 H. P. deep well turbine pump, auxiliary power supply, pump house piping, and auxiliary equipment for Well No.8. Two bids were received as follows: R&S Construction Co., Inc. Rexburg, Idaho Deduct for Standby Generator $328,430.00 (93,265.00) I Agricultural Services, Inc. Blackfoot, Idaho Deduct for Standby Generator $331,319.00 (86,673.00) Engineer Benton explained the bid package. The facility has been designed foran auxiliary generator. The Council needs to make a decision whether or not to include the generator at this time. Counci1member Hall moved to accept the low bid of R&S Construction Co., Inc. of Rexburg for Well No. 8 well house and pumping equipment including the alternate generator in the amount of $328,430. The motion was seconded by Councilmember Bean. Roll call vote: Hall - Yes; Bean - Yes; Bohn - Yes; Loveland - Yes. The motion carried unanimously. Mayor Ard recommended that Doug Diamond be appointed to a Grant Writing Committee. Councilmember Bohn moved to accept the recommendation of the Mayor to appoint Doug Diamond to a Grant Writing Committee. The motion was seconded by Counci1member I I I 93 October 17, 1996 Loveland. Roll call vote: Bohn - Yes; Loveland - Yes; Bean - Yes; Hall - Yes. The motion carried unanimously. It was recommended that Russell Swensen also be included on the Grant Writing Committee. The Planning and Zoning Commission approved a final plat for Tie Breaker Division No.9. However, the developer has changed plans, and he has asked that the City Council not take action on the Division No. 9 plat at this time. Reports: Public Works Director David Wadsworth reported on Eagle Scout projects. Scout Hansen completed a cement project for the bleachers at Lions Park. Scout Brammer's proj ect was the netting on the ball diamond back drops at Lion Park. Scout Summers supervised painting Well House No. 1. Scout Brett Ellis plans to make garbage can holders for the park. Work has commenced on the park sprinkler systems. The timer has been installed for Lions Park, and the main sprinkler line is in for South McCowin Park. Attorney Brian Tucker informed the Council that he is striving to increase the conviction rate. He agreed to put together a report for the City. Councilmember Loveland reported on the Peterson Park playground upgrade. Scout Jardine has removed the old equipment. Councilmember Bohn prepared a draft copy of the annual newsletter for suggestions and approval. She was authorized to proceed to have it printed for mailing with the coupon books. The Fire Department presented a written monthly report for September 1996. A copy is on file in the City Office. Councilmember Loveland explained plans for adding to the fire station. The department plans to participate at the Child Safety Awareness Fair at the Grand Teton Mall. Lockheed Martin has extended an invitation to use their testing equipment provided the Mayor signs a letter to agree to pay if the equiment is broken. The Mayor instructed the City Clerk to write the letter for his signature. ATTEST Councilmember Hall moved to adj ourn the meeting, and the Councilmember Bohn. G~as;t) at 9:45 P.M. ~(l~,..) Claims were approved. motion was seconded by