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Council Minutes 9/12/2006 (73) I I I -l 99 December 5, 1996 CITY OF AMMON December 5, 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 Councilmember Sherrill C. Councilmember Ira K. Hall City Clerk Aleen C. Jensen order by Mayor C. Bruce Ard in the City Building, 2135 Idaho, at 7: 30 P.M. with the following City Officials Attorney W. Joe Anderson Engineer David E. Benton Public Works Director David Wadsworth Fire Chief Clarence Nelson Assistant Fire Chief Robert Farrow Bohn Others Present: Joel and Susan Gleverley, 1930 Falcon Drive, Ammon Devin Phillips (Scout) 600 Matchpoint Drive, Ammon Bryan Brown (Scout) 520 Matchpoint Drive, Ammon Absent: Councilmember Steven J. Loveland The Pledge of Allegiance to the Flag was directed by Councilmember Hall, and the invocation was offered by Councilmember Bohn. The minutes of City Council Meetings held October 3, October 17, November 7, and November 21, 1996, were reviewed. There was not a quorum of City Council members present on October 3, 1996, therefore, it was not an official meeting, and there are no official minutes. A correction was made to the minutes of November 21, 1996, to show David Wadsworth was present. Councilmember Bean moved to approve the minutes of October 17, November 7, and November 21, 1996, as corrected. The motion was seconded by Councilmember Hall. Roll call vote: Bean - Yes; Hall - Yes; Bohn - Yes. The motion carried. Bonneville County has a problem with the revisions that City of Ammon proposed in the 1997FY Law Enforcement Contract. Sheriff Byron Stommel has requested that City of Ammon and Bonneville County accept the contract as is and then work to clarify and to make changes for another year. It may be advisable to seek a clarifying opinion from the Attorney General. Attorney Anderson recommended that the contract which has previously been in effect be signed to renew it for 1997FY and that the Council continue to work on modifications. Councilmember Bohn moved to sign the Law Enforcement Contract with Bonneville County as it stands with a letter of understanding that we are working toward a mutually acceptable modification to the contract. The motion was seconded by Councilmember Hall. Roll call vote: Bohn- Yes; Hall - Yes; Bean - Yes. The motion carried. Engineer Benton discussed with the Council his recommendations for the drainage problem on Midway Avenue by the Jones' property. The street was designed for water to flow south from the catch basin off East 17th Street, but the planned drainage swale has been built up with gravel until there is no place for the water to go. Possible solutions are curb and gutter passed Jones' property, a French drain, or make a dip along the side of the road. Ultimately the plan needs to provide for the water to seep into a borrow pit. The property owner is in violation of the City's plan for drainage, and the problem should not be the City's responsibility. It was proposed the City grade the area to create a narrower driveway access to Jones' business, and then create a swale on either side of the driveway. The idea needs to be discussed with Jones, and Engineer Benton and Councilmember Hall agreed to meet with Jones. Joel and Susan Cleverley, 1930 Falcon Drive, expressed concern about barking dogs in their neighborhood. Their next door neighbors took an extended Thanksgiving vacation and left two large dogs penned up in the backyard. The dogs barked at all hours of the day and night. The problem was reported to the City a number of times by Cleverleys and other neighbors, but Cleverleys were not satisfied with how the problem was handled. They would like some direction to help eliminate dog barking problems. The dogs left penned up belong to James Gregory, 1910 Falcon Drive. Gregory has a non-commercial kennel license, and the Council agreed to set up a review of Gregory's kennel license at City Council Meeting on Thursday, December 19, 1996. Councilmember Bean moved to approve 1997 renewal business licenses as follows: Albertsons - Retail Store - $10.00 Sale of Beer and Wine by the Bottle - $250.00 Legends - Retail Store - $10.00 Sale of Beer by the Bottle - $50.00 The motion was seconded by Councilmember Bohn. Roll call vote: Bean - Yes; Bohn - Yes; Hall - Yes. The motion carried. 100 December 5, 1996 Richard Skidmore and Randy Gardner have made application for a business license for the indoor soccer arena, dba Balls of Fire. The City Clerk asked for direction regarding issuance of a license. According to the City Code now in effect, a general business license applies. The building is not ready for a certificate of occupancy, but the building inspector is responsible to issue the c.o. when the building code requirements are met. The business license should be handled separately. Attorney Anderson introduced Resolution No. 97-1 to revise Resolution No. 86-2 adopted October 2, 1996, regarding deposits and to clarify the Administrative Policy adopted March 5, 1987, on water, sewer, and garbage charges for vacation/empty house rates, failure of prompt payment, and returned checks. Councilmember Bean moved to approve Resolution No. 97-1 as proposed. The motion was seconded by Councilmember Hall. Roll call vote: Bean - Yes; Hall - Yes; Bohn - Yes. The motion carried. I Mayor Ard talked to a representative of East Central Idaho Planning and Develop- ment regarding funds available to upgrade our fire station. There is a possibility funds maybe available through various programs. They will keep us advised of any options. Councilmember Bean inquired if Attorney Anderson had found ,any thing in the ordinances regarding parking diesel trucks in residential neighborhoods. Presently the only area that might apply is disturbing the peace. Attorney Anderson recommended addressing the problem in a new ordinance. The possibility of investing some of the City funds in the State Treasurer's Investment Pool was discussed. This is a good program for public entities. An application is required, and Councilmember Bean inquired about whether or not Council approval is necessary. A general resolution authorizing the Mayor to make such an investment would be appropriate but may not be necessary. Funds invested are easily available. Attorney Anderson will research procedures. Reports: David Wadsworth reported for Public Works. The water truck and the animal control truck are in need of repairs, and Councilmember Bean recommended a repair log be kept for each of the City vehicles. Councilmember Bohn talked with Eric Davis of Cantlon Properties about the sign they I plan to erect on the corner of East 17th Street and Hitt Road. She suggested that they consider adding "Welcome to Ammon" to the sign along with "Ammon Town Center." Councilmember Bean discussed the balance to be maintained in the City of Ammon checking account. He has requested Key Bank to advise what balance they require to avoid service charges. The City may be able to maintain a lesser balance and invest more at a better interest rate. Councilmember Bohn has reviewed the completed surveys residents returned to the City. She recommends they be put on a data base, and the Council give them serious consideration. Committees could work on some of the suggestions. For example, School Superintendent Tom Campbell has indicated he would like to get the City involved in the committee working on drug problems. Brent Bird is involved in the committee, and Councilmember Bohn suggested Councilmember Bean would be a good representative for Ammon. Mr. Bird will advise the City of committee meetings. Another committee would be a Library Committee to set up a bookmobile or some kind of library extension service for Ammon. A Beautification Committee could help eliminate some of the weedy corners in the community. Engineer Benton reported on the status of Well No.8. The pump has been installed, the waterline is extended to the building, and the motor will be shipped the latter part of January. The variable frequency drive has already been shipped. By mid March, the pump should be on line. It is recommended the asphalt work be delayed until warmer weather. The City office has received requests about the development of Boyd Thompson's property between Molen Street and Sunnyside Road on the East side of Rosedale Lane. It has been proposed that the property be divided into five lots and now the proposal is to make only four lots. Also, they want to know if the City Council will require that Rosedale Lane be paved. The Council discussed requirements for developing the property. It was agreed the City will require Rosedale Lane to be paved with thirty-two feet (32') of pavement, curb/gutter/sidewalk will not be required but they must provide for drainage, and a plot plan must be submitted for approval before any permit is issued. I The City Clerk suggested the recodification of the ordinance should address a sign code and some type of snow removal policy. The manager of the new Target Store is now on the job. People are continually contacting the City Office about a meeting place. It was recommended useof City facilities be discouraged until adjustments can be made. I I I 101 December 5 and 19, 1996 Robert Farrow, Assistant Fire Chief, presented a monthly report of the Fire Department for November, 1996, and a five year budget plan. They are obtaining another software package which will help them administratively. The software will be used on Bill Brotherson's personal computer. Claims were approved. Councilmember Bean motion was seconded by Councilmember Hall. moved to adj ourn the meeting, and the The meeting was adjourned at 9:35 P.M. a-n ATTEST ~(!~~ CITY CLERK ,y CITY OF AMMON December 19, 1996 Minutes of the Public Hearing and the Regular Meeting of the Mayor and City Council: The meeting was called to order by Mayor C. Bruce Ard in the City Building, 2135 South Ammon Road, Ammon, Idaho, at 7: 30 P.M. with the following City Officials present: Mayor C. Bruce Ard Councilmember W. Lee Bean Councilmember Sherrill C. Bohn Councilmember Steven J. Loveland City Clerk Aleen C. Jensen Attorney W. Joe Anderson Engineer David E. Benton Public Works Director David Fire Chief Clarence Nelson Wadsworth Others Present: James Gregory, 1910 Falcon Drive, Ammon LilIas Ipsen, 2625 South Ammon Road No.3, Ammon J. Vernon Priest, 2625 South Ammon Road No.2, Ammon Kim Moore, 2601 South Ammon Road No.1, Ammon Elaine McGary, 3255 Meadow Lane, Ammon Russell Bennion, 440 Advantage Lane, Ammon Judy Brower, C.P.A. with Galusha, Higgins, and Galusha Michael Snyder, C.P.A. with Galusha, Higgins, and Galusha Absent: Councilmember Ira K. Hall The Pledge of Allegiance to the Flag was directed by Councilmember Bohn, and the invocation was offered by Councilmember Bean. Mayor Ard opened the Public Hearing to consider the recodification of the zoning ordinances for the City of Ammon, City Code Title X - Planning and Zoning. Notice of Hearing was published in the Post Register on December 4 and December 11, 1996. The recodification includes the siting of manufactured homes as required by legislative action. There were no citizens or interested parties desiring to present testimony. Elaine McGary and Russell Bennion were present to represent the Planning and Zoning Commission. The Planning and Zoning Commission conducted a hearing on October 1, 1996, and the changes they recommended have been included. Mayor Ard called for questions. Councilmember Bean asked for interpretation and/or clarification of a number of the chapters. A discussion followed on (1) Definitions, particularly trailer houses, mobile homes, and manufactured homes; (2) Board of Adjustments; (3) Stor- age of flammable liquids; (4) Home Occupations; (5) Siting of manufactured homes; (6) Zoning Administrator and the duties of the Zoning Administrator; and (7) Duties of the Planning and Zoning Commission. In the City Code, Planning and Zoning has been designated as Title XI, but in the recodification it will be Title X. Reference is frequently made to the Zoning Administrator, and Public Works Director David Wadsworth acts in that capacity. The Zoning Administrator is responsible for numerous duties including issuance of building permits, issuance of certificates of occupancy, and enforcement of the zoning ordinances. The question was raised whether or not it would be advisable to redefine or adjust some of the duties of the Zoning Administrator. Attorney Anderson recommended addition of a "catch-all" paragraph to state the City Council can assign the duties for any of the responsibilities under the Planning and Zoning Act to such members or to City Officials as the City Council may choose from time to time according to need in order to eliminate designation of the responsibility to one particular person or office. This change was agreeable with the City Council. 102 December 19, 1996 The City Council acts as the Board of Adjustments, but they have authority to create a separate Board of Adjustments if they deem it necessary. It has been the policy for the City Council to approve home but the recodification does not include such a requirement. Council should continue to approve home occupation permits. occupation permits, It was agreed the The ordinance states "It shall be the duty of the Planning Commission to make reports and recommendations to the City .. " It was interpreted "the City" means the City Council. The Planning and Zoning Commission should continue to provide input on all zoning matters and building permits. Commission members will be provided with copies of the recodified ordinances as soon as all action for adoption is completed. Engineer regarding necessary. Benton suggested some type of notification to subdivision developers the siting of manufactured homes. No notification procedure was deemed I City Clerk Jensen pointed out areas of change which she observed. The definition of a home occupation now reads "any occupation or profession conducted entirely within the structures on the premises. "The set fees involved in a rezone have been changed to show the fee is to be as established by resolution of the City Council. It was recommended in the section on Board of Adjustment action, particularly variances, the fee be revised to show it is also to be established by resolution of the City Council. Board of Adjustment hearing notice procedures were clarified, and it was agreed notification is to be by first class mail. The recodification should reflect that home occupation permits are allowed in any of the residential zones. Mayor Ard closed the Public Hearing. Action was deferred until the changes are made. The regular meeting of the Mayor and City Council continued. Since August 1996, James Gregory, 1910 Falcon Drive, has had a non-commercial kennel license for three dogs. He was out of town for several days at Thanksgiving time, and he left two dogs, ten month old German Shepherds, penned in his backyard to be cared for by a friend. During Gregory's absence numerous calls were received by the City Office about his dogs barking continually. Mr. Gregory was asked to attend City Council Meeting to discuss the complaints. He asked why he is to blame I because there are other dogs in the neighborhood that bark continually. He tries to be a good neighbor, but the neighbors will not come talk to him. He has a solid fenced backyard. The Council cautioned Gregory, if he needs to be gone for an extended period, to make arrangements so the problem does not occur again. He was also instructed to visit with his neighbors on both sides to discuss their concerns and to express his own concerns. It was suggested the neighbors be given a tele- phone number so, if there is a problem, they can call him at any time, day or night. Kim Moore, 2601 South Ammon Road No.1, made application for a non-commercial kennel license. The animal control officer stopped by Ms. Moore's residence to advise her that she needed a kennel license. She was upset and wanted to know who complained about her dogs. She was advised there were no formal complaints, but the City workers observed she had three dogs. She has two spayed female Basset Hounds and one male Basset Hound. The dogs are very special, and they are well cared for. The neighbors hardly realize she has dogs. Since she is new in the neighborhood, Ms. Moore objected to contacting all of the people designated by the City office on her application for a non-commercial kennel license so she submitted the following statement: "Be it known to all parties concerned, that we, the undersigned, do own our properties and reside as neighbors to one Kim Moore, of 2601 unit #1, South Ammon Road, Ammon, Idaho, 83406. "We acknowledge, by our signatures and addresses given below, that this resident I of our community owns and cares for at her residence, the pets (registered, neutered, championship quality basset hounds): 'Dottie', Clytymystra, and Willie. "We understand that the ordinance of Ammon, requiring a non-commercial kennel license, is imposed on anyone having more than two domestic dogs in residence. As neighbors, we sign that these animals are kept under clean, safe, in residence con- ditions. They have not trespassed on our properties, violated any noise or sanitation ordinances, to our understanding. We do not obj ect to Ms. Moore's keeping the above named animals as her pets." The statement is signed by eleven residents of the townshouse complex where Ms. Moore resides. Councilmember Bean determined the signatures represent 75% of the neighbors, and he moved to approve a non-commercial kennel license for Kim Moore, 2601 South Ammon Road No.1. The motion was seconded by Councilmember Bohn. Roll call vote: Bean- Yes; Bohn - Yes; Loveland - Yes. The motion carried. I I I 103 103 December 19, 1996 Judy Brower, partner in the certified public accountant firm of Galusha, Higgins, and Galusha reviewed the audit of the financial statements of the City of Ammon for the fiscal year ended September 30, 1996. Michael Snyder assisted in the presentation. The auditors expressed the opinion that the general purpose financial statements present fairly, in all material respects, the financial position of the City of Ammon as of September 30, 1996, and the results of its operations and cash flows of proprietary fund types for the year ended in conformity with generally accepted accounting principles. The component unit named in the audit is the Urban Renewal Agency. Operational suggestions outlined in the management letter were discussed, and they will be implemented. Councilmember Bean moved to accept the financial audit for the City of Ammon for the fiscal period October 1, 1995 through September 30, 1996. The motion was seconded by Councilmember Bohn. Roll call vote: Bean - Yes; Bohn - Yes; Loveland - Yes. The motion carried. Unfinished items of business from the City Council Meeting held December 5, 1996, were reviewed. Resolution No. 97-1, A RESOLUTION SUPPLEMENTS RESOLUTION NUMBERS 86-2 AND 89-3 REGARDING WATER, SEWER, AND SANITATION SERVICES MONTHLY FEES; CONNECTION FEES AND DEPOSITS; AND REPEALING AND REPLACING ADMINISTRATION POLICY HERETOFORE ADOPTED CONCERNING VACANCY CHARGES, DELINQUENT ACCOUNTS, AND LATE PAYMENT OR RETURN CHECK CHARGES, was adopted on December 5, 1996. It was pointed out the section on "delinquent payment" did not correctly state the action the City office is follow- ing. The attorney has amended the last paragraph on page 2, and the Council approved substitution in Resolution No. 97-1 of the amended page. Councilmember Bean moved to approve Ammon Speedi Mart's application for the 1997 renewal of their retail store and beer by the bottle licenses, and to approve 1997 renewals of licenses for Circle K for retail store and beer and wine by the bottle, and Wright Stop II for retail store and beer by the bottle upon satisfactory completion of applications so they will be in compliance as of January 1, 1997. The motion was secondedby Councilmember Bohn. Roll call vote: Bean - Yes; Bohn - Yes; Loveland - Yes. The motion carried. Councilmember Bohn moved to approve the minutes of City Council Meeting held December 5, 1996. The motion was seconded by Councilmember Bohn. Roll call vote: Bean - Yes; Bohn - Yes; Loveland - Yes. The motion carried. TCI Cable Vision has agreement. When the should be addressed. the fees prior to the requested City of Ammon begin action to renew their franchise agreement is reviewed, the franchise fee to City of Ammon It would be advisable for the City Council to look at all budget process. Reports: David Wadsworth reported for Public Works. Repairs have been completed on the dog truck, the water truck, and the backhoe. Councilmember Bohn suggested the Council consider the "pooper scooper" idea brought out by Kim Moore when she discussed how she cares for her dogs. Councilmember Bean requested Attorney Anderson to draft a resolution so the City of Ammon can participate in the State Investment Pool. Fire Chief Nelson reported for the Fire Department. During December, the depart- ment has responded to a furnace fire on Dove Drive, a false alarm on Wanda Street, and a chimney fire on Ross Circle. An ice skating rink was filled. The Cascade System has been installed at the fire station. Training is progressing good. Mayor Ard has talked to Ted Hendricks Development about fire station ideas. availability of funds to help us. East Central is collecting Idaho Planning material on and the at He Claims were approved. Councilmember Bohn was seconded by Councilmember Loveland. moved to adjourn the meeting. The motion The mc~ P.M. ATTEST ~-(!-~~ CITY CLERK ~ .. NO CITY COUNCIL MEETING WAS HELD ON THURSDAY, JANUARY 2, 1997, DUE TO LACK OF A QUORUM.