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Council Minutes 9/12/2006 (196) 236 September 28, 1989 October 5, 1989 The City Council discussed City finances, dedicated funds, funds for Ammon Road, the annual audit, and the need for the auditor to work with the Council. For several years, Walter Clapp of Galusha, Higgins and Galusha has satisfactorily completed the annual audit of the City finances. However, Kitty Dooley of Young, Bell and Webb has requested an opportunity to do the audit and submitted a quote of $4200. The quote from Young, Bell and Webb is less than the one from Galusha, Higgins and Galusha. Councilman Maeser stated that the Council, in his opinion, has a duty as public servants to accept the lowest responsible bid. However, there is a conflict with duty and an outdated ordinance which requires the auditor to be a resident of the City but does not address qualifications. The Council discussed how to handle the problem. Councilman Browning moved to accept the bid by Young, Bell and Webb, certified public accountants, for $4200 I over a two year commitment to stabilize our upward trend in accounting. The motion was seconded by Councilman Maeser. Roll call vote: Browning - Yes; Maeser - Yes; Crandall - Yes. Voting was unanimous in favor. The motion carried. Walter Clapp of Galusha, Higgins and Galusha has done a very good job for the City. The reason for change of auditors is the Council has a fiduciary responsibility to accept the low bid. Councilman Browning moved to the motion. The meeting was adjourn the meeting and Councilman Crandall adjourned at lO::'~ seconded ATTEST ~ (! ~~-e~<./ CITY CLERK ~ CITY OF AMMON October 5, 1989 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 Michael B. Browning Councilman Harvey L. Crandall Councilman Greg J. Maeser at 7:30 P.M. by Mayor C. Bruce Ard with the fol- Attorney W. Joe Anderson Acting Pub. Wks. Dir. David Wadsworth Fire Chief Cal Smith City Clerk Aleen C. Jensen I Others Present: Elaine McGary, 3255 Meadow Lane, Ammon - Representing Planning and Zoning Mark Wood, 2275 Dove Drive, Ammon Deborah Smith, 1960 Curlew Drive, Ammon Ed Wright, 1905 Eagle Drive, Ammon - Volunteer Fireman Absent: Engineer David E. Benton The pledge of allegiance to the flag was directed by Councilman Browning, and the invocation was offered by Councilman Maeser. Elaine McGary reported for the Planning and Zoning Commission. A Public Hearing was conducted on October 3, 1989, to consider a request by Craig and Karren Hall et al for a rezone from RSC-l to C-l of property located on the southwest corner of the intersection of East Seventeenth Street and Ammon Road. The property is legally described as Lot 22, Block 2, Westwood Addition Division No. 1 to the City of Ammon, Bonneville County. It was recommended, and the owners concurred that the request also include Lot 10, Block 3, Westwood Addition Division No. 1 to the City of Ammon, Bonneville County. Halls want to build a convenience store and gas station on the corner. The Planning and Zoning Commission recommended that the City Council approve the request for rezone to C-l with a buffer zone between the commercial and residential property. The reasons given for recommending approval were the property isn't large enough for a shopping center, there are multiple owners, and it is too close to Grand Teton Mall and Teton Village. Area residents were concerned about the development, but they did not express opposition provided there was a buffer. I Mark Woods, 2275 Dove Drive, requested a home occupation permit to operate his business venture "The Dive Buddy" out of his garage. Mr. Woods has been operating his diving equipment business in downtown Idaho Falls, but the overhead is high and the business very slow during the winter months. He will be making repairs and doing a small amount of retail sales, and when summer comes, he will try to expand his business in a different location. There are no employees, parking should be adequate, classes will be taught elsewhere, and he will conform to the sign requirements. Councilman Browning moved to approve the home I I I Book 7-237 October 5, 1989 occupation permit for Mark Woods, 2275 Dove Drive, for "The Dive Buddy." The motion was seconded by Councilman Maeser. Roll call vote: Browning - Yes; Maeser _ Yes; Crandall - Yes. The motion carried unanimously. Fire Chief Cal Smith questioned Mr. Woods about fire safety requirements, and he requested permission to inspect the operation. Councilman Maeser moved to approve the minutes of City Council Meeting held September 7, 1989, as written. The motion was seconded by Councilman Browning. Roll call vote: Maeser - Yes; Browning - Yes; Crandall - Yes. The motion carried unanimously. The Council discussed the status of Ordinance No. 209 which amends the dog ordinance concerning vicious dogs. The ordinance was read in full and revised at City Council Meeting June 1, 1989. Since then there has been considerable discussion. Copies of Ordinance No. 209 as revised were mailed to Larry and LaJuana Eslinger, Ernie and Mary Flegel, and Richard Butler. They expressed no further opposition. Councilman Maeser introduced Ordinance No. 209 by title, AN ORDINANCE AMENDING CHAPTER 3 OF TITLE 6 OF THE CODIFIED ORDINANCES OF THE CITY OF AMMON, BY AMENDING THE DEFINITION OF ANIMAL CONTROL OFFICER TO PROVIDE THAT ANY PERSON DESIGNATED BY THE BONNEVILLE COUNTY SHERIFF OR THE CITY OF AMMON TO CARRY OUT THE PROVISIONS OF THE ORDINANCE SHALL BE THE ANIMAL CONTROL OFFICER; TO AMEND THE DEFINITION OF VICIOUS DOG TO INCLUDE IN THE DEFINITION OF VICIOUS DOGS ANY DOG KNOWN TO HAVE BITTEN ANY PERSON OTHER THAN IN SELF DEFENSE OR UNDER PROVOCATION, ANY DOG WHOSE TEMPERAMENT OR HABITS CREATE DANGER OR INJURY TO PERSONS OR OTHER ANIMALS, ANY DOG WHICH HAS A KNOWN PROPENSITY TO ATTACK OR BITE HUMAN BEINGS OR OTHER ANIMALS, TO AMEND THE PROVISIONS CONCERNING CITATION AND APPEARANCE FOR ANY VIOLATION AND FAILURE TO APPEAR; TO AMEND SECTION 6-3-6 BY THE ADDITION THEREIN FOR PROCEDURES OF IMPOUNDMENT AND DISPOSITION OF VICIOUS DOGS; PROVIDING FOR AN EFFECTIVE DATE THEREOF. Attorney Anderson recommended the second reading be waived, and the ordinance be placed on its third and final reading. Ordinance No. 209 was read in full. Councilman Browning moved that the second reading be waived and that Ordinance No. 209 be passed on its third and final reading. The motion was seconded by Councilman Maeser. Roll call vote: Browning Yes; Maeser Yes; Crandall Yes. The motion carried unanimously. The Joint Powers Agreement establishing a building inspection program between Ammon and Bonneville County was reviewed. The County has requested the agreement specifies that Ammon is responsible to complete the water and sewer inspections. Ammon normally charges a higher permit fee than Bonneville County. The County recommended that Ammon continue to collect their regular fee, remit the County's usual charge to the County, and keep the difference for City expenses. The Attorney will revise the agreement accordingly. The City of Ucon has agreed to review the Fire Department Mutual Aid Agreement at their City Council Meeting on October 11, 1989, and they will report back to Ammon. Keith Turnbow, 3640 Ross Avenue, has a problem with the street repairs by his house. His vehicle scrapes when he drives in the driveway. Councilman Crandall and Acting Public Works Director Wadsworth visited Turnbow's to assess the problem. They did not arrive at a satisfactory solution. Councilman Browning agreed to have Beco check out Turnbow's when they make other corrections in the street project. According to Idaho Code 50-409, "the City Council in each City, at a regular meeting in the month preceding an election, shall appoint an election judge and such clerks as may be necessary for each voting precinct within the City. The election officials shall be qualified city electors. Compensation for the election judges and clerks shall be determined by the City Council at time of appointment and shall not be less than the determined wage as prescribed by the state of Idaho." Councilman Browning moved to appoint election workers and designate compensation as follows: Precinct 98A Regina Borg, Judge Carol Miller, Clerk Connie Darrington, Clerk Vickie Young, Clerk Precinct 98B Val Loveland, Judge Ingrid Ball, Clerk Joyce Bunnell, Clerk Sheila Johnson, Clerk Jean Sommer, Alternate Clerk Wages: Judges - $4.00 per hour and Clerks - $3.65 per hour The motion was seconded by Councilman Maeser. Roll call vote: Browning - Yes; Maeser - Yes; Crandall - Yes. The motion carried unanimously. 238 October 5, 1989 The City services payment books have been received from the printer. They are ready for mailing about October 20. The annual newsletter was discussed. It was agreed that the information in the newsletter of last year is still pertinent, and it should be updated and mailed with the payment books this year. Reports: Cal Smith expressed thanks to the Council for appointing him as Fire Chief, and he stated he believed he could do a good job for the community. Fire Chief Smith submitted the following letter: To: From: Subject: Mayor Bruce Ard Cal Smith, Ammon Fire Chief Officer and Additional Duty Recommendations Deputy Chief/ Training Officer - James D. Walker Fire Marshal - Bill Brotherson Captain/Supply Officer - Chris Schoonmaker Captain/ Maintenance Officer - Clarence Nelson Lieutenant/Equipment Officer/Public Relations - Ed Wright Lieutenant - David Wadsworth I Upon careful consideration, I would like to recommend the following firefighters to the following positions: I would like to say that these recommendations were difficult to make due to past problems within the fire department. However, after reviewing each member's past experience and training, I feel they will be able to carry out their assigned positions and duties in the best interest of the fire department and the City of Ammon. Sincerely, Cal L. Smith Mayor Ard recommended for Council approval the appointment of James D. Walker as Deputy Fire Chief/Training Officer and Bill Brotherson as Fire Marshal for the City of Ammon. Councilman Maeser moved to accept the recommendation of the Mayor for the new Deputy Chief to be James D. Walker and Bill Brotherson to be I the new Fire Marshal. The motion was seconded by Councilman Browning. Roll call vote: Maeser - Yes; Browning - Yes; Crandall - Yes. The motion carried unanimously. Fire Chief Smith was authorized to make the other appointments. Acting Public Works Director Wadsworth reported on the pipe measurements for water meters in the two new schools. There should be no problem at either school with installing meters inside. Eagle Scouts did a good job in McCowin Park on the playground equipment. Phillip C. Hentschel submitted an estimate of $1,990 to sweep the City streets. Councilman Browning proposed the areas in Peterson Park and Ross Avenue be swept to clean up the residue from the street repair project and sweeping in all the other areas should wait until spring. Mr. Hentschel wants to purchase the Wayne sweeper for $5,401 and pay for it by sweeping for the City. The Council had no problem with Hentschel taking the old sweeper at this time provided he signed an agreement to show cost of the sweeping already completed and balance due the City for future sweeping. Councilman Browning moved to declare the following equipment as surplus: 1976 Dodge 1/2 ton Pickup 1975 Wayne Street Sweeper 1977 Ford Garbage Truck 1974 Garbage Truck 1957 Chevrolet Truck with Air Compressor The motion was seconded by Councilman Maeser. Roll call vote: Browning - Yes; Maeser - Yes; Crandall - Yes. The motion carried unanimously. I Attorney Anderson introduced Ordinance No. 214 by title, AN ORDINANCE PROVIDING THAT NO APPOINTIVE OFFICE IN THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO, SHALL HAVE THE REQUIREMENT THAT THE APPOINTED PERSON AND OFFICE HOLDER SHALL BE A RESIDENT OF THE CITY OF AMMON; REPEALING ALL PORTIONS OF ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR AN EFFECTIVE DATE, and the ordinance was read in full. Councilman Maeser moved to waive the requirement for three readings on three separate days and to pass Ordinance No. 214 on its third and final reading. The motion was seconded by Councilman Browning. Roll call vote: Maeser - Yes; Brown- ing - Yes; Crandall - Yes. The motion carried unanimously. No settlement has been reached with Intermountain Contractors on the Tort claim against the City. I I I Book 7-239 October 5, 1989 October 19, 1989 Councilman Browning reported on the street improvement project. Some survey work has been completed on street lights. Requests have been received for street lights on Wanda Street and Sabin Drive. Councilman Maeser discussed about painting the crosswalks. August is probably the best time to paint crosswalks, and this is a poor time. It was agreed to wait to paint crosswalks. The Council discussed installing flashing lights for school crossing on Ammon Road at Samuel Street and Georgia Lane, but no action has been completed. The City is somewhat obligated to follow through. Acting Public Works Director Wadsworth was authorized to get the project underway. The Greater Idaho Falls Chamber of Commerce called to invite the Mayor and City Council to a ribbon cutting ceremony for Carl Gray Tires on Friday, October 13, 1989, at 10:30 A.M. Claims were approved. Councilman Browning moved to adjourn the meeting. The motion was seconded by Councilman Maeser. The meeting was adjourned at 8:50 P.M. 0---0 MAYOR ATTEST ~J/ (J, ~L1 CITY CLERK ~ CITY OF AMMON October 19, 1989 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 Michael B. Browning Councilman Harvey L. Crandall Councilman Greg J. Maeser at 7:30 P.M. by Mayor C. Bruce Ard with the fol- Engineer David E. Benton Acting Pub. Wks. Director David Wadsworth City Clerk Aleen C. Jensen Others present were: Frank T. Butler, 3575 East Sunnyside Road, Ammon Michael Nye, Shelley Office of Utah Power and Light Company Lennis Tirrell, 3195 Molen Street - Owner of Ammon Speedi Mart Carol and John (Scout) Van Dyck, 3290 Circle S Drive, Ammon Kitty Dooley, Auditor of Young, Bell and Webb Mayor Jay Radford, City of Ucon Michael Jepsen of Jepsen, Moreton Insurance Company Absent: Attorney W. Joe Anderson The pledge of allegiance to the flag was directed by Councilman Crandall, and the invocation was offered by Mayor Ard. Lennis Tirrell of Ammon Speedi Mart discussed new federal laws regulating underground storage tanks, and the affect of these laws on the City. Discussion included some of the requirements such as leak detection, corrosion protection, insurance, and spill/overfill prevention. Mr. Tirrell proposed that the City Council consider engaging Ammon Speedi Mart as a supplier of gasoline/diesel for the City vehicles, and thus eliminate the need for the City to become involved in compliance with EPA rulings. Mayor Jay Radford of the City of Ucon reviewed the proposed Fire Department Mutual Aid Agreement between City of Ucon and City of Ammon. Revisions to the agreement were discussed. The revisions recommended are: (1) Change the third Whereas to read "... in order to combat fires inside the City limits, but that each of the Cities have other equipment ..." (2) Item 2 add other Cities may be notified by means of the County fire dispatch. (3) Item 10 compensation as per Schedule D. The City Council for the City of Ucon has studied the agreement with the proposed revisions, and they have authorized Mayor Radford to sign. The City of Ammon agreed to have Attorney Anderson prepare the agreement in final form and send it to Mayor Radford for his signature. Denise Heaton, 355 Tie Breaker, requested a business and/or home occupation license to distribute and instruct in making porcelain keepsake statues. The bus- iness is operated under a franchise agreement with Creative Keepsakes, Bountiful, Utah. Mrs. Heaton will be working with church groups, etc. throughout Southeastern Idaho. All of the inventory will be stored in a unit at the Grand