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Council Minutes 08/20/1992 446 August 6, 1992 August 20, 1992 to continue efforts to work out the Hitt Road accesses on an administrative level. Fire Chief Cal Smith reported for the Fire Department. Members of the department have checked out the fire engine to be available from Rexburg, and they are very much interested in it. Bids will probably be let around March 1993. Chief Smith stated has work schedule has changed so that he has less time to devote to fire department paper work. He recommended to the City Council that Bill Brotherson be appointed Assistant Fire Chief. Bill shows a great deal of interest in the department, and he operates his own business so he can be available at times to handle problems during the day. This would leave the position of Fire Marshall open, but the Chief and Assistant Chief are qualified to cover this area, and the Chief remains responsible. The Fire Department doesn't want the liability of removing the dead trees on Lewis Nielsen's property line. The City Clerk discussed finances and claims were approved. at 8:45 P. M. The meeting was adjourned ATTEST M~()./J~' CITY CLERK (/ ~Y~ CIT~ OF AMMON August 20, 1992 Minutes of the 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 Harvey Crandall Councilman Ira K. Hall Councilman Greg J. Maeser Councilman Marvin J. Anderson (8:15 P.M.) Attorney W. Joe Anderson Engineer David E. Benton Public Works Director David City Clerk Aleen C. Jensen Wadsworth Others Present: Debbie McCormick, 1845 Curlew Drive, Ammon Ronald Williams representing Juanita Williams' Estate Orland Bailey, 2810 Salmon Street, Ammon Ryan and Dani Kohler, 300 North Blossom, Idaho Falls Larry Hobbs, 611 South Amy Lane, Idaho Falls Richard Birch, 2865 South Ammon Road, Ammon The Pledge of Allegiance to the Flag was directed by Mayor Ard, and the invocation was offered by Councilman Hall. Debbie McCormick, 1840 Curlew, requested a home occupation permit for a day care. She plans to take no more than ten children ages one through six. No outside help will be used. Parking should not be a problem since she has room for four cars in the driveway. Debbie read the home occupation permit requirements in Section 11-5-27 H of the City Code and she agreed to follow them. Councilman Crandall moved to grant a home occupation permit to Debbie McCormick, 1840 Curlew. The motion was seconced by Councilman Maeser. Roll call vote: Crandall - Yes; Maeser - Yes; Hall - Yes; Anderson - Yes. The motion carried unanimously. The Council urged Mrs. McCormick to be considerate of her neighbors and to be careful about parking when parents drop off and pick up their children. The Fire Department has scheduled to inspect the facilities. The heirs of Juanita Williams' Estate propose to divide the property located at 2865 Central Avenue into two lots. The lot where the existing house stands would have 110 feet of frontage, and the unimproved lot would have 90 feet of frontage. Ronald Williams represented the estate. The lot was platted in the original townsite of Ammon, and there is no problem with the division provided both lots meet the requirements of the ordinance for the R-l zone. There is one problem with the division because there is no sewer in front of the lot on the Central Avenue side. One lot is connected to the sewer on Owen Street, and the Council was asked for direction in connecting the other lot to the sewer. There are two possibilities-- one is to connect into the man hole which is located near the south boundary on Central Avenue or to grant an easement across the house lot and connect the second lot on Owen Street. It was recommended that the property owners contact a contractor to determine costs, and then choose the less expensive route. Engineer Benton discussed the sewer connection requirements. No Council action was required. I I I I I Book 7-447 August 20, 1992 Larry Hobbs owns an acre lot on the west side of South Ammon Road between 2150 S. Ammon Road and 2310 S. Ammon Road. On February 12, 1991, he requested a rezone of the property from RPA to R-2 to allow him to build two four-p1exes. Action was delayed because of the proposed Ammon Road improvement project. However, the Planning and Zoning Commission held a Public Hearing on the request on September 10, 1991, and they recommended that the request be denied because it was spot zoning. The City Council considered the request at a Public Hearing on October 17, 1991, but action was tabled pending decisions about Ammon Road. The Ammon Road proj ect is still pending, but Mr. Hobbs would like the Council to reactivate the request and make a decision so he can make some plans for development. The Council agreed to review the informatin from the hearings and take action at Council Meeting of September 3, 1992. The Council considered the request of Richard Birch to defer payment of permit fees for construction of a residence until such time as he can complete the house sufficiently to move out of the trailer and into the basement for the winter. Mr. Birch asked the Council to grant the exception in his case because of hardship created by disability sustained in the Viet Nam War. The case was thoroughly reviewed. The applicant does not want the fees waived, but he does want them deferred for two to three months. Postponing payment of the fees will facilitate his construction by allowing him to utilize available funds to purchase materials. He is doing the building himself and paying as he builds. The Mayor gave Birch permission to pour his footings pending Council decision on the exception requested. He asked for the total fee of $1,469.55 to be deferred. Attorney Anderson advised that there is no problem with the Council making an exception and it is within their legal authority to do so. Birches are not now paying for any City services. They are obtaining water from a hookup with the neighbor, VerI Larsen, and they have not used garbage collection service. The Council questioned the advisability of making an exception. They decided to be as benevolent as possible, but also agreed they need to follow the rules to avoid contest. Councilman Hall moved to allow Richard Birch to continue building his house with Building Permit No. B92-53 without paying any fees until he is ready to move into the basement and to require him to begin to make payment for any monthly services the City provides. The motion was seconded by Councilman Crandall. Roll call vote: Hall - Yes; Maeser - No; Crandall - Yes; Anderson - No. Mayor Ard, "My reasoning for the way I'm going to vote is simply because I think I would do this for anyone that came in with his situation. I vote Yes." The motion carried. The Council cautioned that Birches could not move in to the basement until the fees were paid in full for everything except services that are not available. Mayor Ard introduced the proposed tentative budget for Fiscal Year 1993. The revenue and expenditure items were reviewed and discussed in detail. The figures proposed are as follows: PROPOSED BUDGET FOR OCTOBER 1, 1992, THROUGH SEPTEMBER 30, 1993 Estimated Estimated Revenue Expenses GENERAL FUNDS: 01-310.01 Property Taxes $ 142,000.00 01-310.02 City-County Revenue Sharing (Sales Tax) 115,150.00 01-310.03 Franchise Tax 20,000.00 01-310.04 State Liquor Account Distribution 14,192.00 01-310.05 Building Permits 25,000.00 01-310.06 Licenses (Business, Dogs) 3,000.00 01-310.07 01-310.08 Magistrate Court Fines 5,000.00 01-310.09 Interest Earnings 25,000.00 01-310.10 Post Bonds, Animal Control 500.00 01-310.11 Post Bonds, Traffic Citations 150.00 01-310.12 Sales Tax - Inventory Replacement 5,600.00 (aka Bo. County Sales Tax) 01-310.70 Miscellaneous Revenue 1,000.00 01-310.90 Carry Over - Fire Department 60,000.00 I Total General Revenue $ 416,592.00 01-410.01 Office Expense $ 4,500.00 01-410.02 Publications 900.00 01-410.03 Insurance 23,000.00 01-410.04 Travel & Meetings 2,500.00 01-410.05 Municipal Dues 2,000.00 01-410.06 Telephone 3,200.00 01-410.07 Heat (Gas) 2,800.00 01-410.08 Power 2,000.00 01-410.09 Maintenance 5,000.00 01-410.10 City Ordinances 900.00 01-410.11 City Planning 700.00 01-410.12 Audit 4,800.00 01-410.13 Salaries 17,612.00 01-410.14 Employee Benefits 8,288.00 01-410.15 City Election 750.00 01-410.16 CART 6,000.00 448 August 20, 1992 01-410.17 01-410.18 01-410.19 Contingency Capital Outlay - Office Equipment Recodify Ordinances Engineer Retainer Attorney Retainer Bo. Met. Planning Organization Transfer to Park Dept. Transfer to Street Dept. Transfer to Water Dept. Transfer to Sewer Dept. Transfer to Sanitation Dept. Total General Government Expense LAW ENFORCEMENT: 01-421.01 Sheriff's Contract 01-421.02 Animal Shelter 01-421.03 Legal Counsel 01-421.04 Animal Control 01-421.05 Animal Control - Salaries 01-421.06 Animal Control - Employee Benefits 01-421.07 Contingency 01-421.08 Capital Outlay Total Law Enforcement FIRE PROTECTION: 01-423.01 Clothing 01-423.02 Vehicle Repair & Maintenance 01-423.03 Equipment & Bldg. Maintenance 01-423.04 Workers' Compo Insurance 01-423.05 01-423.06 01-423.07 01-423.08 01-423.09 01-410.81 01-410.82 01-410.83 01-410.84 01-410.85 Training Fire Prevention Contingency Capital Outlay Total Fire Protection BUILDING DEPARTMENT: 01-425.01 Training, Publications, Misc. 01-425.02 Salaries 01-425.03 Employee Benefits 01-425.04 Bonneville County - Inspect., MCS Total Building Department RECAP : Total General Revenue General Government Expense Law Enforcement Expense Fire Protection Expense Building Dept. Expense Total General Expense PARKS & RECREATION FUND 03-350.01 Swimming Pool Fees 03-350.02 Carry Over - Boys' Ball 03-350.03 Boys' Knothole 03-350.04 Girls' Softball 03-350.05 Carry Over - Girls' Ball 03-350.70 Miscellaneous Revenue 03-350.90 Carry Over 03-428.01 Park Operations & Maintenance 03-428.02 Park - Salaries 03-438.03 Park - Employee Benefits 03-438.04 Pool - Operation & Maintenance 03-438.05 Pool - Salaries 03-438.06 Pool - Employee Benefits 03-438.07 03-438.08 03-438.09 03-438.10 03-438.11 03-438.12 03-438.13 03-438.14 03-438.15 Boys' Ball Projects Athletic Program - Boys' Knot. Athletic Program - Girls' Soft. Girls' Ball Projects Park - Capital Outlay Pool - Capital Outlay Park - Contingency Pool - Contingency Parks Capital Outlay: TB Park Shelter $30,000.00 TB Park Sprink. 1,000.00 TB Park Equip. 5,000.00 Total Parks & Recreation Dept. Estimated Revenue $ 416,592.00 $ 32,500.00 3,000.00 4,500.00 3,500.00 1,935.00 30,500.00 46,900.00 $ 122,835.00 Estimated Expense $ 46,699.00 5,000.00 6,150.00 840.00 840.00 2,088.00 46,900.00 $ 193,467.00 I 73,000.00 5,400.00 2,500.00 2,000.00 3,638.00 1,712.00 3,650.00 $ 91,900.00 2,000.00 6,500.00 3,600.00 325.00 2,000.00 800.00 1,000.00 90,000.00 $ 106,225.00 2,000.00 4,420.00 2,080.00 16,500.00 $ 25,000.00 I $ 193,467.00 91,900.00 106,225.00 25,000.00 $ 416,592.00 $ 22,000.00 9,520.00 4,480.00 12,500.00 16,800.00 3,200.00 I 200.00 7,500.00 5,435.00 200.00 36,000.00 5,000.00 $ 122,835.00 I 04-346.01 04-346.02 04-346.03 04-346.04 04-346.70 04-346.81 04-434.01 04-434.02 04-434.03 04-434.04 04-434.05 04-434.06 04-/+3/+.07 04-434.08 04-434.09 04-434.10 I Funds Salaries Employee Benefits Main. Fund $ Interest Earnings Miscellaneous Revenue Transfer from General Carry Over Power Treatment Contract Maintenance Contract Bon.d Payment Capital Outlay Funu.s Contingency Engineer Retainer Attorney Retainer Total Sewer Operation SANITATION FUND: 06-345.01 Service Fees 06-345.02 Interest Earnings 06-345.03 06-345.04 06-345.05 06-345.70 06-345.81 06-345.90 06--433.01 06--433.02 06-433.03 06-433.04 06-433.05 I & Main. Fund $ Miscellaneous Revenue Transfer from General Funds Carry Over Equipment Operation & Maintenance Capital Outlay Salaries Employee Benefits Contingency Engineer Retainer Attorney Retainer Total Sanitation Fund STREET FUND: 07-330.01 Highway User Fees $ 07-330.02 County Road & Bridge 07..330.03 Miscellaneous Revenue 07-330.81 Transfer from General Funds 07-330.90 Carry Over Right-of Way Acqui. Transfer from Street Reserve Fund 07-430.01 Signs 07-430.02 Operation & Maintenance 07-430.03 Road Construction 07-430.04 07-Li30.0S 07-430.06 07-430.07 07-430.08 Street Lights Salaries Employee Benefits Capital Outlay Estimated Revenue $ 216,000.00 35,000.00 8,000.00 1,000.00 260,000.00 $ 216,000.00 1,500.00 5,000.00 1,000.00 223,500.00 $ 105,000.00 93,000.00 $ 198,000.00 172,500.00 10,000.00 160,000.00 130,000.00 62,000.00 Book 7-449 August 20, 1992 Estimated Expense $ 80,000.00 7,500.00 32,180.00 25,000.00 25,000.00 29,580.00 13,920.00 '" 'l' 45,140.00 840.00 840.00 260,000.00 WATER OPERATION & MAINTENANCE FUND: Service Fees Summer Fees Deposits Interest Earnings Miscellaneous Revenue Transfer from General Power Deposit Refunds Bond Payment Maintenance Capital Outlay Contingency Engineer Retainer Attorney Retainer Total Water Operation & SEWER OPERATION & MAINTENANCE FUND: 05-347.01 Service Fees 05-347.02 IBSD Annual Payment 05-347.03 IBSD Monthly Fees 05-3Lf 7.04 05-347.05 05-347.70 05-347.81 05-347.90 05-435.01 05-435.02 05-435.03 05-435.04 05-435.05 05-435.06 05-435.07 Salaries 05-435.08 Employee Benefits 05.-435.09 05-435.10 $ 2,000.00 98,000.00 36,000.00 32,180.00 10,000.00 29,580.00 13,920.00 $ 140.00 840.00 840.00 223.500.00 $ 15,000.00 50,000.00 32,368.00 15,232.00 83,720.00 840.00 840.00 198,000.00 $ cl' 'I' 3,000.00 15,000.00 65,000.00 8,400.00 24,140.00 11,360.00 450 August 20, 1992 07-430.09 07-430.10 07-430.81 Estimated Revenue $ Estimated Expense $ 286,500.00 119,420.00 Ammon Road Project Contingency Transfer to Street Reserve Fund Engineer Retainer Attorney Retainer 840.00 840.00 Ammon Road Project: Right-of-Way 5% of Project $136,500.00 150,000.00 Total Street Fund $ 534,500.00 $ 534,500.00 STREET RESERVE EAST HILLS FOND WATER IMPROVEMENT FOND SEWER IMPROVEMENT FOND WATER & SEWER BOND RESERVE COMBINED LID'S RESERVED AND SPECIAL FONDS Estimated Estimated Bal. 9/30/92 Revenue $139,914.00 $ 9,882.00 83,844.00 41,305.00 71,028.00 34,982.00 Proposed Expenses $ 62,000.00 .00 .00 4,500.00 .00 10,750.00 .00 .00 7,000.00 6,000.00 .00 7,578.00 Councilman Maeser suggested if there are any surplus street funds available that the Council consider paving Williams Street in the area of McCowin Park and Hillview School. Councilman Maeser moved to approve the tentative budget as proposed and to set the 1993 Fiscal Year Budget Hearing for September 3, 1992, at 7:30 P.M. The motion was seconded by Councilman Hall. Roll call vote: Maeser - Yes; Hall - Yes; Crandall - Yes; Anderson - Yes. The motion carried. Councilman Crandall discussed the annual audit proposal of Galusha, Higgins, and Galusha. They have quoted a one year fee and a three year fee. Councilman Crandall moved to accept the proposal of Galusha, Higgins, and Galusha and engage them on the three year basis at the scale of $4800 for the 1992 audit, $4850 for the 1993 audit, and $4900 for the 1994 audit and to authorize Mayor Ard to sign the agreement. The motion was seconded by Councilman Maeser. Roll call vote: Crandall - Yes; Maeser _ Yes; Hall - Yes; Anderson - Yes. The motion carried. Action was tabled until August 20, 1992, on the request of Metropolitan Outdoor Advertising for a Special/Conditional Use Permit to erect a billboard sign at Rush Auto Parts. They have asked the Council to continue to table action until Council Meeting of September 3, 1992, in order for their representative to be in attendance, and their request was granted. Reports: Public Works Director David Wadsworth reported the American Youth Soccer Association has advised they plan smaller fields for younger participants. They want to mark two more fields on our parks. These would not be permanent with goal posts. They would mark them and use flags. The suggested location would be on the west end of South McCowin Park. Wadsworth plans to meet with their representative to work out details if the Council has no objection. There was no objection. Idaho Traffic Safety has been contacted about painting crosswalks before school starts. They quoted $23 each. The last time they painted them they did 32. The cost was estimated at $736. The City of Idaho Falls striped Ammon's portion of East 17th Street consistent with their portion. They have not billed for the costs. Idaho Falls plans to stripe three times per year. Attorney Anderson reported that the appeal for the Intermountain Construction Tort Claim is scheduled to be heard by the Idaho Supreme Court on September 10, 1992. ~mnation proceedings for the two right-of-way acquisitions on Ammon Road have been discussed with the engineer but details are not yet complete. Engineer Benton received a call from an Ammon resident concerned that Idaho Falls is invading Ammon. The City of Idaho Falls has erected their City limits sign about one hundred feet into Ammon on Sunnyside Road. Councilman Hall inquired about accesses development. It was interpreted to mean street and not just a driveway access. limited to one. on to Hitt Road for the Hitt Road Center that access would have to be by a dedicated Also, the Hitt Road street accessmay be Councilman Maeser called attention to an item of unfinished business. Action was delayed for quorum on the request of Michael and Anita Hare for a non-commercial kennel license. Requirements were met and no problems were indicated when Hares attended Council Meeting on August 6, 1992. Councilman Maeser moved to approve the non-commercial kennel license for Michael and Anita Hare, 1925 Falcon Drive. The I I I I I I motion was seconded by Councilman Crandall. Roll call vote: Yes; Anderson - No; Hall - Yes. The motion carried. Book 7-451 August 20, 1992 September 3, 1992 Maeser - Yes; Crandall - The Association of Idaho Cities has asked Councilman legislative committee as a representative for District 30. input to take to the committee meeting. Maeser to serve on the He would like some local Councilman Maeser inquired about the School District's request for City participation for a crossing guard on Ammon Road. The Council discussed whether or not there was a need and whether or not the City should get involved. No decision was made. Councilman Crandall informed the Council that he had requested a written evaluation report from Elena Kelly on the swimming pool operations. He suggested, if anyone else has any ideas for improvement, that input be added to a file to be reviewed next spring before the pool is reopened. This year there has been a problem maintaining the public restrooms in a satisfactory manner. It was suggested that the City may investigate renting some portable units. Orland Bailey commented on applications for kennel licenses or anything else which require neighbor consent and wondered if the neighbors couldn't have a more private way to express their opinion than to sign the application circulated by the applicant. Frequently the neighbor signs to approve, but he has a problem with it and he really is opposed. The Council understood the problem Mr. Bailey was asking about, and they discussed the issue. Neighbors should work with each other to correct problems. Also, everyone needs to realize that City business is a matter of public record. On kennel licenses, if complaints are received by the City Office, the policy has been to require a new license application with neighbor consent before the license is renewed. The interpretations of the zoning ordinance on non-conforming use, grandfathered use, and transfer of ownership were discussed particularly as applied to the original townsite. There were differences of interpretation. Attorney Anderson stated that zoning goes with the land and transfer of use goes with transfer of ownership. The use must be proved abandoned to necessitate a change. This question was brought about because Jim Summers wants to keep horses on the property formerly owned by Roland Romrell. Attorney Anderson was asked to prepare a letter of opinion. Forsgren and Associates have been asked to submit the final plans for Ammon Road to the State Transportation Department. Claims were approved. Councilman Crandall moved to adjourn the meeting, and the motion was seconded by Councilman Hall. The meeting was adjourned at 9:30 P.M. M~ ATTEST 2 ' 1 a~.~:yJ (, l-/~ CITY CLERK ~ CITY OF AMMON September 3, 1992 Minutes of the Public Hearing and 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 Greg J. Maeser at 7:30 P.M. by Mayor C. Bruce Ard with the follow- Engineer David E. Benton Public Works Director David Wadsworth Fire Chief Cal Smith City Clerk Aleen C. Jensen Others Present: Jason, Ricky, and Danny McIsaac (Scouts) 2010 Avocet Drive, Ammon Larry Robbs, 611 South Amy Lane, Idaho Falls Floyd A. Decker, Metropolitan Outdoor Advertising Richard R. Dare, Mountain River Engineering Bryce Anderson, Scout Leader of Troop 208, Ammon Craig Anderson (Scout) Troop 208, Ammon Spencer Anderson (Scout) Troop 208, Ammon Nate Neibaur (Scout) Troop 208, Ammon Orland Bailey, 2810 Salmon Street, Ammon Roger Stommel, Planning and Zoning Commission Representative Sally Ellis (Mother) and Brett Ellis (Scout) 2195 Midway Avenue, Ammon Gerald "Jerry" Mitchell, 3751 Marlene Street, Ammon