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Council Minutes 9/12/2006 (133) I I I 63 CITY OF AMMON September 2, 1993 Minutes of the Public Hearing and Regular Meeting of the Mayor and City Council: The meeting was called to order ing City Officials present: Mayor C. Bruce Ard Councilman Marvin J. Anderson Councilman Harvey Crandall Councilman Ira K. Hall Councilman Greg J. Maeser at 7:30 P.M. by Mayor C. Bruce Ard with the follow- Attorney W. Joe Anderson Engineer David E. Benton Public Works Director David Wadsworth Fire Marshal Robert Farrow City Clerk Aleen C. Jensen Others Present: Patrick Mayo, 1980 Sunflower Circle, Ammon Paul Byington, 1855 Sabin Drive, Ammon Scouts Ryan Wessel, Eric Barber, and Tyler Mayo Ron and Susan Briese, 3700 Georgia Lane, Ammon Simon Gisin, 3330 East Sunnyside Road, Ammon Kathy and Jennifer Dansie, 575 Matchpoint Drive, Ammon The Pledge of Allegiance to the Flag was directed by Councilman Hall, and the invocation was offered by Councilman Crandall. Ron and Susan Briese, 3700 Georgia Lane, requested a non-commercial kennel license. Brieses own four dogs. The City Office requested that they contact thirteen (13) residents living within one hundred fifty feet (150') to obtain approval or disapproval. Ten signed their application to approve, one signed disapproval, and two were not contacted. A kennel has been constructed for the dogs out by the barn. One dog is being trained with a muzzle to control barking. They do not plan to breed and sell dogs, however, they may decide to let the one female have one litter of pups. Councilman Maeser moved to approve the non-commercial kennel license for Ron and Susan Briese located at 3700 Georgia Lane. The motion was seconded by Councilman Crandall. Roll call vote: Maeser - Yes; Crandall - Yes; Anderson - Yes; Hall - Yes. The motion carried unanimously. Simon Gisin, 3330 East Sunnyside Road, applied for a home occupation permit in April, 1993, but due to an accidental injury, he was forced to delay his work. He has reapplied for a permit to operate Simon's Woodcarving Museum as a home occupation. He presented a sketch to show the planned layout for parking, landscaping, pole fence, deck, museum area, shop, and house. He does woodcarving, selling, and has a collection display. Woodcarving is his main occupation, but he also does doors for individuals in their homes. He takes orders for carved items. The neighbors most affected would be Jorgensens, and they have not expressed any opposition. The Council questioned Mr. Gisin about his operation. At the present time, Simon's Woodcarving Museum conforms with the home occupation permit requirements, but if the business grows, he will need to obtain a Special Use permit or a rezone. Councilman Hall moved to approve the home occupation permit for Simon Gisin, dba Simon's Wood Carving, 3330 East Sunnyside Road. The motion was seconded by Councilman Crandall. Roll call vote: Hall - Yes; Crandall - Yes; Anderson - yes; Maeser - Yes. The motion carried unanimously. The Council cautioned Mr. Gisin that patrons coming to his business can not impede traffic on Sunnyside Road, and there is to be no backing on Sunnyside Road. Kathy Dansie, 575 Matchpoint Drive, reported on the progress of Tie Breaker Park. The playground equipment has been installed. Sherm Boyce, Pocatello, represented Gametime, and he came one day to check out the equipment and the area. The next day he helped to dig the base holes deeper,and he supervised the installation. The Rotary Club spent one night installing the equipment, and one night leveling the area and building forms to box around the sanded area. The Rotary Club paid for the cement used, and they expressed willingness to help more if there is a need. The City will be billed for the playground equipment, $45 for Mark Curtis who dug post holes, and approximately $340 for sand. The Tie Breaker Park Committee has sent thank you letters to Sherm Boyce, Mark Curtis, and the Rotary Club. The park is ready for the City crew to install a sprinkler system and to plant grass. Mayor Ard discussed with Gerald Mortimer of District No. 93 School Board about not fencing between Tie Breaker School and Tie Breaker Park. The City and the residents do not want a fence between. Parking was discussed, and the decision about what to do was left to the City Council. It was suggested maybe the front could be converted to a parking area. At present, the neighbors will observe the traffic patterns. In the meantime the park can be seeded to grass except for the playground and volleyball areas. The Council thanked Kathy Dansie for her efforts to make the park a reality for the enjoyment of the Tie Breaker residents. Mayor Ard opened the Public Hearing to consider the proposed City of Ammon budget for the fiscal year beginning October 1, 1993, and ending September 30, 1994. The 64 September 2, 1993 proposed budget figures for revenue and expense as specified in the budget hearing notice were presented. Mayor Ard called for questions. The Scout leaders expressed interest in hearing about the City finances. Councilman Crandall explained the City is operating on a frugal budget. Financially the City has gone from a negative position to a positive position. Councilman Crandall moved to approve the 1994 Fiscal Year Budget as published in the hearing notice and as read by the Mayor. The motion was seconded by Councilman Maeser. Roll call vote: Crandall- Yes; Maeser - Yes; Hall - Yes; Anderson - Yes. The motion carried unanimously. As required by Truth in Taxation, Resolution 93-2 was presented: A RESOLUTION PROVIDING FOR PROPERTY TAX BUDGET INCREASE 5% OR LESS AND NO LEVY INCREASE I WHEREAS public notice and hearing are not required pursuant to the provisions of Sections ~61-2224 through and including ~63-2226, Idaho Code where a taxing district increases its budget 5% or less and does not increase its levy; and whereas the taxing district's governing board has determined a need to increase its annual ad valorem budget 5% or less and not increase its levy. BE IT RESOLVED that the City of Ammon requests an amount of ad valorem tax revenues for its 1993-94 fiscal year annual budget that does not exceed 105% of the amount of ad valorem tax revenues certified for its annual budget in the previous year and does not increase the tax rate in excess of that certified in the previous year. Councilman Maeser moved to adopt Resolution 93-2 as proposed which reflects that the property tax increase is 5% or less with no levy increase. The motion was seconded by Councilman Anderson. Roll call vote: Maeser - Yes; Anderson - Yes; Hall - Yes; Crandall - Yes. The motion carried unanimously. Councilman Maeser moved to authorize the Mayor to certify the ad valorem tax for the 1994 Fiscal Year to the Bonneville County Commissioners. The motion was seconded by Concilman Hall. Roll call vote: Maeser - Yes; Hall - Yes; Anderson - Yes; Crandall - Yes. The motion carried unanimously. A RESOLUTION PROCLAIMING A GENERAL CITY ELECTION, TO BE HELD ON TUESDAY, NOVEMBER 2, 1993, DESIGNATING THE POLLING PLACE, DESIGNATING THE REGISTRAR AND DEPUTY REGISTRARS, AND ORDERING THE CITY CLERK TO GIVE NOTICE OF SUCH ELECTION I Mayor Ard presented Resolution No. 93-3 to proclaim the election: BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF AMMON, IDAHO, THAT: SECTION 1. The general election will be held in and for the City of Ammon, on the 2nd day of November, 1993, at which time there will be elected a mayor and two (2) council members to serve for a term of four (4) years, or until the election and qualification of their successors. SECTION 2. The following is designated as the polling place for such election: PRECINCT NO. 98 Sandcreek Middle School, 2955 Owen Street, Ammon The polls will be open from 12:00 Noon until 8:00 P.M. SECTION 3: That the City of Ammon has adopted a j oint registration system with the County of Bonneville and Ron Longmore, County Clerk, is hereby designated as Acting Registrar, Aleen C. Jensen, City Clerk, is Chief Deputy Registrar, and the following persons are designated as Deputy Registrars: Carol Ragan, Deputy City Clerk, City Building Ramona Bishop, 585 North Lakewood Avenue Val Loveland, 3325 Rawson Street Regina Borg, 1855 Falcon Drive Linda Godfrey, 3145 Ross Avenue I SECTION 4. The Clerk, for and on behalf of the Mayor and Council, shall give public notice of the time and place of holding such general city election by posting such notice in three public places or publishing such notice in at least two issues of the Post Register, a newspaper serving the City of Ammon, the first publication of such notice to be made not less than 45 days previous to the date of such city election and the last publication not less than 15 days prior to the election; the notice so published shall state the places of registration and the name of the Registrar and the Deputy Registrars, and the requirements for registration of electors at such city and such other information as may be necessary to give full facts of such election and registration; said notice to I I I 65 September 2, 1993 contain such information in accordance with the requirements of Section 50-436 of the Idaho Code. Councilman Crandall moved to adopt Resolution No. 93-3. The motion was seconded by Councilman Maeser. Roll call vote: Crandall - Yes; Maeser - Yes; Anderson - Yes; hall - Yes. The motion carried unanimously. The Council discussed the minutes of City Council Meetings held August 5 and August 19, 1993. Councilman Maeser requested a change of wording for a sentence in the paragraph concerning Cory Brighton's request for variance in the minutes of August 19, 1993. Councilman Hall moved to approve the minutes of August 5 and August 19, 1993, as amended. The motion was seconded by Councilman Maeser. Roll call vote: Hall - Yes; Maeser - Yes; Anderson - Yes; Crandall - Yes. The motion carried unanimously. Councilman Crandall moved to approved City of Ammon 1993 annual business licenses for Legends Convenience Store No.2 as follows: Retail Convenience Store license - $ 10.00 Retail Sale of Beer by the Bottle - $ 50.00 Retail Sale of Wine by the Bottle - $200.00 (Applicant has been issued beer and wine licenses by the State of Idaho and Bonneville County.) The motion was seconded by Councilman Hall. Roll call vote: Crandall - Yes; Hall - Yes; Maeser - Yes; Anderson - Yes. The motion carried unanimously. Councilman Crandall moved to certify to the tax roll the delinquent 1992 assessment for Local Improvement District No.8 in the name of Poole Soft Water and Refrigeration, aka Michael Jones. The motion was seconded by Councilman Maeser. Roll call vote: Crandall - Yes; Hall - Yes; Maeser - Yes; Anderson - Yes. The motion carried unanimously. Attorney Anderson explained the process of certifying L.I.D. delinquencies to the property tax roll. Councilman Maeser read Ordinance No. 232 for the second time by title, AN ORDINANCE TO AMEND ORDINANCE NO. 216 OF THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO, TO ADD A SUBPARAGRAPH leA) TO SECTION 6 TO PROVIDE FOR A DIAGRAM, EXHIBIT 1, TO EXHIBIT THE MINIMUM FLOODPROOF BASEMENT DESIGN CONFORMING TO THE MINIMUM REQUIREMENTS OF THE FEDERAL INSURANCE ADMINISTRATION; AND PROVIDING THAT THE CITY OF AMMON WILL ISSUE A BUILDING PERMIT TO AN APPLICANT WHOSE DESIGN MEETS OR EXCEEDS THOSE REQUIREMENTS; PROVIDING FOR AN EFFECTIVE DATE OF THE AMENDED ORDINANCE. The Council was reminded that the City Officials have a meeting scheduled with City Officials of the City of Idaho Falls at 4: 00 P.M., Thursday, September 9, 1993. The purpose of the meeting is to discuss improvements to Hitt Road. Another area of concern--City of Idaho Falls is moving ahead on a sewer dechlorination plant which will undoubtedly have an impact on the City of Ammon. Reports: Public Works Director David Wadsworth reported on Ammon Road. The proj ect is mostly complete. The Council discussed what to do with the strip of City right-of-way behind the sidewalk along the new road. Some plan needs to be developed to eliminate the weeds from taking over. Engineer Benton reported bids have been advertised for to pave Williams Street. Bid opening is September 16, 1993, at 11:00 A.M. Attorney Anderson introduced Ordinance No. 233 to establish the annexation of the Tom Bird property. Ordinance No. 233 was read by title: AN ORDINANCE ANNEXING CERTAIN LANDS TO THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO; DESCRIBING WITH PARTICULARITY SAID LANDS TO BE ANNEXED AND HEREBY ANNEXED AND DECLARING SAID LANDS A PART OF THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO; DETERMINGING THE PROPER ZONING FOR CLASSIFICATION OF THE ANNEXED LANDS AND TERRITORY UNDER THE ZONING ORDINANCE OF CITY OF AMMON, IDAHO; PROVIDING FOR AN EFFECTIVE DATE FOR THIS ORDI- NANCE AND OF THE ANNEXATION OF SAID LANDS. Fire Marshal Robert Farrow reported for the Fire Department. Councilman Andersn discussed residential concerns about property restoration along Ammon Road. Councilman Maeser has been asked to serve on the Association of Idaho Cities Legislative Committee. He requested a new United States Flag for the Council Room. Attorney Anderson suggested the City also needs a State of Idaho Flag. The roving unit of the Idaho Transportation Department Ports of Entry cited the garbage truck for exceeding the maximum legal weight on a single axle. This was 66 September 2, 1993 the second citation. Mayor Ard advised that the crew should reduce the size of load. Any additional citations will be charged to the driver. Claims were approved. Councilman Anderson moved to adjourn the meeting, and the motion was seconded by Councilman Hall. The meeting was adjourned at 9:20 P.M. o~ ATTEST a~J(7~~ CITY CLERK I I I