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Council Minutes 10/03/1991 I I I CITY OF AMMON October 3, 1991 Book 7-381 October 3, 1991 Minutes of the 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 Dept. Representative David Morningstar City Clerk Aleen C. Jensen Others Present: Robert Gates, 8254 South 15th East, Idaho Falls, Idaho Douglas Brown, 1705 Avocet Drive, Ammon Rullen and Barbara Paulsen, 2175 Avocet Drive, Ammon Dee, Mikki, and Tyler Martin, 2935 Sawtooth Drive, Ammon Lynne and Chad (Scout) Dance, 3280 Circle S Drive, Ammon Bruce (Varsity Coach) and Devan (Scout) Ball, 4085 Wanda Street, Ammon Jared Grigg (Scout) Todd Smith (Scout) Adam Ellis (Eagle Scout) Mike Jacox (Assistant Varsity Coach),3725 Marlene, Ammon Jason Skidmore (Scout) Mike Mencke, 1940 Avocet Drive, Ammon Share 1 Judy, 2330 South Ammon Road, Ammon The Pledge of Allegiance to the flag was directed by Councilman Maeser, and the in- vocation was offered by Councilman Anderson. Dee Martin, 2935 Sawtooth, proposed a stop sign on Avocet Drive at Targhee Street to make a four-way stop. The reason stated for the proposal is the crossing is used by a large number of children who attend Hillview School. Also, there have been several near accidents at this intersection. It would be helpful to reduce the speed limit from 25 miles per hour to 20 miles per hour. Most of the neighbors contacted by Mr. Martin feel good about a four-way stop. One objected because Avocet Drive is a through street. Councilman Maeser explained a traffic study is in order to determine the need, and it is not advisable to control speed with stop signs. Rullen and Barbara Paulsen, 2175 Avocet Drive, stated they do not object to a stop sign if it is enforced, however, most of the cars do not stop for the existing signs. The Council agreed to take the request under advisement and they encouraged some neighborhood studies. Robert Gates introduced himself as a local businessman who travels through Ammon every day. He called for Council attention to the day care center on the corner of Avocet and East 17th Street. He does not have a problem with the day care, but he does have a problem with the parking and traffic it generates. Cars stop in the middle of the street, and they park on both sides of Avocet on the curve around the corner of East 17th Street. The activity has gone on for at least a year and a half, and it is a hazardous situation. One would believe the cars would park only temporarily while children are dropped off or picked up, but sometimes vehicles park for forty-five minutes and longer. Gates expressed concern that this is a severe liability problem because the street is posted for "no parking". He requested the City of Ammon to enforce the "no parking" or to open up to parking wherever. Gates contacted the City on the night of October 2 to complain about a car which was parked in the street near the day care most of the day and night, but the City was unable to identify an ower. Rullen Paulsen travels Avocet from Targhee to East 17th Street each day as he goes to and from work. He confirmed that the parking situation by the day care is not good. He also cited more parking problems on Avocet Drive south from Targhee Street to Teton Street. Councilman Anderson pointed out a parking problem by the day care located on Teton Street and Hillam Drive. Doug Brown, 1705 Avocet Drive, (owner of the day care center under discussion) spoke in defense, and a lively discussion followed. Part of the problem has been caused since Browns have been unable to use their garage while storing pianos for Keith Jorgensen's Music. However, their new music store will be opening soon, and the pianos will be moved to free up the Brown's garage. Mr. Brown agreed to carefully monitor the traffic and parking for the day care. Also, he requested that the neighbors and/or citizens call him personally about any problems. Douglas and Yvonne Brown, 1705 Avocet Drive, requested a home occupation permit to operate a day care in their home. Mayor Ard questioned Brown if they were complying with the requirements of a home occupation as stated in C.C. ll-5-27-H. In response, Brown explained they average ten children but the numbers vary. They have obtained a state license which limits the operation to 14 children. The Fire Department has inspected the facility. No one is regularly employed except occasionally neighborhood girls come to help out similar to paying a baby sitter. The basement of the house is not used, but the living room and one bedroom on the main floor is 382 October 3, 1991 used. The Council discussed the home occupation requirements in detail and it was agreed there are three areas of the requirements in which there is questionable compliance by the Browns. One, no employment of help, other than the members of the residing family. Two, no more floor space than the equivalent of twenty-five (25) percent of the ground floor area of the dwelling shall be used in the home occupation. Three, the use shall not generate excessive pedestrian or vehicular traffic. Councilman Crandall moved to defer action on Brown's request for a home occupation permit until Council Meeting on November 7 to see how the problem areas are resolved. The motion was seconded by Councilman Hall. Roll call vote: Crandall- Yes; Hall - Yes; Maeser - Yes; Anderson - Yes. The motion carried unanimously. Sharel Judy, 2330 South Ammon Road, discussed a problem with the issuance of open burning permits in the City of Ammon in relation to the stubble which was burned I on the Horace Smith property. The last three years they have burned stubble, and for the last three years the Fire Department has been called out. Without the quick action of the Fire Department, Judys would have lost a two-ton truck, a flat-bed trailer, a tractor, and a new baler. The baler has a hole in the back made to enable the fire fighters to get water in. They lost 118 trees and most of their pasture sprinkling system. The fire was not adequately maned, and the fire break was insufficient. If there had been any wind, Ammon would have experienced a major fire. Residents received a lot of smoke, and a number of homes were at risk. The Council discussed the seriousness of the problem, and they determined some guidelines need to be established. Dave Morningstar reported for the Fire Department, and they are considering billing for the call and for the man hours. Attorney Anderson was asked to advise concerning billing Smiths. He advised billing is a possibility provided a policy has been set. The Council and the Attorney will further discuss billing policies. Rullen J. Paulsen, 2175 Avocet Drive, reported the street lights are out at Avocet and Targhee and Targhee and Southwick. A scout reported the street light is out at Marlene and Ross. The City Office instructed to notify Utah Power. Mayor Ard recognized the scouts and asked them to introduce themselves and to explain their purpose in attending City Council Meeting. Councilman Hall moved to approve the minutes of City Council Meeting held September 19, 1991, as written. The motion was seconded by Councilman Crandall. Roll call vote: Hall - Yes; Crandall - Yes; Maeser - Yes; Anderson - Yes. The motion carried unanimously. I The State Transportation Department has scheduled a final design review for the Ammon Road Project on Thursday, October 10, at 8:30 A.M. in the City Building. Forsgren and Associates received the report on property valuations, so that phase of right-of-way acquisition can proceed. Councilman Maeser reviewed the proposed changes to home occupation permit requirements as specified in the draft copy of the amended ordinance prepared by Attorney Anderson. It was determined further clarification is needed to distinguish between zones. For the R-l zone, the requirements in Code Sectionll-5-27H should remain unchanged. For the RPA and RP zones, the proposed ordinance should specify extra restrictions as previously recommended. Action was deferred until the revisions are made in the proposed ordinance. The following election workers were recommended: Precinct 98A - Regina Borg, Judge; Carol Miller, Clerk; Connie Darrington, Clerk; and Wendy Jones, Alternate. Precinct 98B - Ingrid Ball - Judge; Linda Godfrey, Clerk; Diane Jemmett, Clerk; and Sarah Walton, Alternate. Councilman Crandall moved to designate the election workers as recommended. Councilman Maeser seconded the motion. Roll call vote: Crandall- Yes; Maeser - Yes; Hall - Yes; Anderson - Yes. The motion carried unanimously. The pay rate was set at $4.75 per hour for the election judges and $4.25 per hour for the election clerks. Councilman Maeser was assigned to prepare the annual newsletter to be sent to I residents with their payment book. It was suggested that the newsletter contain information about disposal of hazardous wastes, hot ashes, snow plowing, and the election. Regarding disposal of hazardous waste, C.A.R.T. will take used oil and automotive stores will take used batteries. The City's open burning policy was discussed. The stubble fire on Horace Smith's property was very frightening, and in the future, the Smiths should not be given a fire permit for such a burn. It was suggested that the Fire Department propose some changes to our open burning policy. The Council reviewed the plans for Hillcrest High School. The bid price in figuring the building permit fee. the new L.. D. S. Seminary to be built near will be an acceptable valuation to be used I I I Book 7-383 October 3, 1991 October 17, 1991 Reports: The City has experienced a number of parking problems and animal control problems. The Council instructed Public Works Director David Wadsworth to enforce the parking and animal control ordina.nces and cite the violators. The City crew has been working on the ball diamonds to try to level them. Attorney Anderson advised that the litigation on the South Bonneville Junior High and Tie Breaker School building permits has not been settled. The City faces more proceedings. The Council was reminded of a meeting at 9: 00 A.M. on Friday, October 4, with the manager of the new Kmart store. The purpose of the meeting is to discuss Kmart' s plans and their impact on Ammon. Councilman Maeser talked to Attorney Scott Hall and Attorney Gil Gardner about prosecuting for the coming year. Scott has been very good to help the City in the past and will continue with this legal work, but he isn't particularly interested in a flat fee. Gil Gardner of the Bonneville County Prosecutor's Office agreed to handle Ammon's prosecutions for the budget fee of $2400 per year. Councilman Crandall moved to accept the offer of Gil Gardner from the Prosecutor's Office for $2400 per year. The motion was seconded by Councilman Hall. Roll call vote: Crandall - Yes; Hall - Yes; Maeser - Yes; Anderson - Yes. Claims were approved. Councilman Crandall moved to adjourn motion. The meeting was adjourned at the meeting, and Councilman Maeser 9:00~ MAY- - -- seconded the ATTEST /:1 J//'/7 / ~L-L~AJ '-.-f/ /k0L-~ CITY CLERK ,}/ CITY OF AMMON October 17, 1991 Minutes of the Public Hearings and Regular Meeting of the Mayor and City Council: The meeting was called to order at 7:30 P.M. by Mayor C. Bruce Ard with the following City Officials present: Mayor C. Bruce Ard Councilman Marvin J. Anderson Councilman Harvey L. Crandall Councilman Ira K. Hall Councilman Greg J. Maeser Attorney W. Joe Anderson Public Works Director David Fire Chief Cal Smith City Clerk Aleen C. Jensen Wadsworth Others present were: Larry Hobbs, 611 South Amy Lane, Idaho Falls Lennis and Margene Tirrell, 3195 Molen Street, Ammon Tom Bird, 2200 East Olympic, Idaho Falls Kirk Peterson, 3816 Marlene Street, Ammon Michael Jones, 1805 Midway Avenue, Ammon Leon and Jeneal Pack, 3545 Samuel, Ammon Brad Hall, 1895 Cabellaro Drive, Ammon Chris Wright, 3565 East Sunnyside Road, Ammon Scott Welch, 1960 Spencer Drive, Ammon Fred Cowart, 2050 Cabellaro Drive, Ammon Absent: Engineer David E. Benton The Pledge of Allegiance to the flag was directed by Councilman Hall, and the invocation was offered by Councilman Crandall. Mayor Ard opened the Public Hearing to consider the request of Peterson Enterprises to rezone Lots 10, 11, and 12 of Block 3, Meadow Lark Estates Division No. 2 from R- 1 to C-l. The property is located between Heather Lane and Midway Avenue on the south side of East 17th Street. Councilman Maeser declared a conflict of interest. He stated that he does not have an actual financial interest but because of church affiliations it may appear to be a conflict of interest. To avoid the appearance of a conflict of interest, Councilman Haeser did not participate in the Peterson Enterprise hearing. Mayor Ard swore in witnesses who desired to present testimony. Michael Jones, Fred Cowart, Scott Welch, and Brad Hall took the oath. Kirk Peterson,