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Council Minutes 09/17/1992 I I I Book 7-457 September 17, 1992 CITY OF AMMON September 17, 1992 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 at 7:30 P.M. by Mayor C. Bruce Ard with the follow- Attorney W. Joe Anderson Public Works Foreman Rick Williams City Clerk Aleen C. Jensen Others Present: Rod Croston, 3020 Western Avenue, Ammon Jason Orner (Scout), 2285 Dove Drive, Ammon Cody Flegel (Scout), 2855 Teton Street, Ammon David Hart (Scout), 2107 East 4900 South, Idaho Falls Todd Hadley (Scout), 2290 Avocet Drive, Ammon Alan Obray (Scout Leader), 3475 Taylorview Lane, Ammon Dean Shumway (Scout), 3496 Crestwood Lane, Ammon Jade Clapp (Scout), 2210 Dove Drive, Ammon Bryce and Pam Dixon, 3615 Vaughn Street, Ammon Brenda Hatch, 3200 Midway Avenue, Ammon Paul (Scout Leader) and Justin (Scout) Byington, 1855 Sabin Drive, Ammon Ben Thompson (Scout), 3440 Senoma Circle, Ammon Branden Diamond (Scout), 1860 Spencer, Ammon Dirk Stanger (Scout), 2425 Midway Avenue, Ammon Absent: Councilman Greg J. Maeser Engineer David E. Benton The Pledge of Allegiance to the Flag was directed by Councilman Crandall, and the invocation was offered by Councilman Anderson. The Boy Scouts were welcomed, and each one introduced himself. Mala Lyon, 3090 Ross Avenue, requested to be on the agenda to discuss traffic control for Hillcrest High School and Sand Creek Middle School, but she was unable to attend because of sick children. She submitted the following letter expressing her concern: I believe the City needs to make the intersection of Owen and Western a 4 way stop. The reason for this is that this intersection effects all 4 schools in this area. The traffic needs to be slowed down. A lot of children from Hillcrest High School and Sand Creek Middle School walk down Owen. The buses travel down Western, along with a lot of car traffic. The children (being teenagers ...) tend to just walk across Western without stopping or looking. This being the case if the cars are required to stop because of stop signs, they will be more apt to see the children. As you know, Western Ammon grade schools. Thank you! travels on to Hillview and Owen travels east to I hope you will consider this proposal seriously. The Council recognized that the area has increased traffic and needs to be monitored to develop the best traffic control. They were reluctant to authorize a four-way stop. Councilman Anderson identified some places where weeds, shrubs, or trees tend to create blind spots. These places were to be compiled on a list for the Council to observe and make a recommendation. The Sheriff's office has been instructed to increase patrol in the school areas. Rod Croston, 3020 Western Avenue, requested permission from the Council to extend the time he is allowed to live in the trailer while he continues house construction. He estimates he needs two more months. Attorney Anderson recommended that the request be placed on the City Council printed agenda as an item of business for the meeting of October 1 because there has been neighborhood objection to Croston's construction project. Councilman Crandall moved to extend permission to Rod Croston to live in the trailer until next Council meeting (October 1) at which time the Council will consider the request as a scheduled agenda item. The motion was seconded by Councilman Hall. Roll call vote: Cran- dall - Yes; Hall - Yes; Anderson - Yes. The motion carried unanimously. Brenda Hatch, 3200 Midway, talked about their recycling project. The Relief Society women of the Ammon First LDS Ward are operating a collection area on the west end of McCowin Park every two weeks on Saturday between 8:00 A.M. and 12 Noon. They are encouraged about the project, and they plan to continue it. Mrs. Hatch 458 September 17, 1992 inquired about City support of the proj ect especially to help provide a storage place. The feasibility of using the railroad boxcar was discussed. The Council asked the Public Works Director to show Brenda Hatch the boxcar, and together they can decide if it will be satisfactory to use for the present time. Pam Dixon, 3615 Vaughn Street, complained about Ammon's animal control enforcement procedures. She stated that she has been unable to get the animal control officer to respond to her calls about dog problems. Also, the small dogs are allowed to run at large and cause problems. The officer is only concerned about the big dogs. The neighbors at 3590 Vaughn Street have a new little dog which runs loose constantly, gets in the garbage, and is generally a nuisance. She has called a number of times to report the dog, but it still runs loose. The Council promised Pam Dixon some action on her complaint. Mayor Ard introduced Ordinance No. 229 by title, AN ORDINANCE PROVIDING FOR THE ANNUAL APPROPRIATION FOR THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO: FOR THE APPROPRIATION OF THE SEVERAL FUNDS AND THE PURPOSES FOR WHICH APPROPRIATED DURING THE FISCAL YEAR 1993 COMMENCING OCTOBER 1, 1992, AND ENDING SEPTEMBER 30, 1993, AND PROVIDING FOR THE AMOUNT APPROPRIATED FOR SUCH FUNDS. This is known as the Annual Appropriation Ordinance for the 1993 Fiscal Year, and it is consistent with the figures approved in the budget hearing held September 3, 1992. Attorney Anderson read Ordinance No. 229 in full. Councilman Crandall moved to dispense with the rule requiring the reading of an ordinance on three different days; to waive the second and third readings of Ordinance No. 229; and to adopt Ordinance No. 229 as an ordinance of the City of Ammon on it's third and final reading by title, AN ORDINANCE PROVIDING FOR THE ANNUAL APPROPRIATION FOR THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO: FOR THE APPROPRIATION OF SEVERAL FUNDS AND THE PURPOSES FOR WHICH APPROPRIATED DURING THE FISCAL YEAR 1993 COMMENCING OCTOBER 1, 1992, AND ENDING SEPTEMBER 30, 1993, AND PROVIDING FOR THE AMOUNT APPROPRIATED FOR SUCH FUNDS. The motion was seconded by Councilman Hall. Roll call vote: Crandall- Yes; Hall - Yes; Anderson - Yes. The motion carried unanimously. The Council questioned what the East Hills dedicated fund is. It pertains to some lots facing East Sunnyside Road west of Dal Avenue. Mayor Ard asked if those funds could be used for Sunnyside Road improvement. Attorney Anderson advised the Council needs to delve into the old records to determine the initial purpose involved in creating the special fund account. The City Clerk was asked to research. A letter has been received from Patrick E. McDonald of the Idaho State Police concerning the response to a hazardous substance release in our jurisdiction. According to Idaho Code, the Idaho State Police becomes the emergency response authority if the city or county declares no designate to respond to hazardous substance emergencies. Councilman Hall suggested that Ammon contact Bonneville County for a recommendation about they plan to handle. Glenn R. Peterson, Director of Support Services for School District 93, sent a letter to the City to request authorization to install a chain link fence about 25 feet into the City right-of-way on Owen Street by their swing sets. The request was discussed. The school can not get adverse possession against a city if they use the right-of-way. The Council determined the school district should be notified if they want to erect a fence that it must be erected on the property line. The Federal Emergency Management Agency (FEMA) has scheduled a Community Assistance Visit (C .~. V) to discuss Ammon's participation in the National Flood Insurance Program (NFIP) and address any questions we have about the Program and its responsibilities. The meeting is scheduled for Tuesday, September 22, 1992, at 1:00 P.M. in the Bonneville County Planning and Zoning Office. Reports: Attorney Anderson reported that the Supreme Court heard the appeal on the Intermountain Construction Tort Claim against Ammon. The argument went well, and their questions were pertinent. It will be six weeks or longer before we receive a decision. The condemnation actions were prepared for Ammon Road right-of-way on Lennis Tirrell and Fred Karford, but they were not filed. A conference meeting revealed both parties are objection to the appraisal value. Neither have hired their own appraisers. Apparently Tirrell will settle for $10,000 more and Karfard is re- questing about $12,000 more. The State Transportation Department has been contacted to see if they will participate in a settlement on the increased amount. It would be better for the City to settle if the State will authorize settlement. Bonneville County is not going to allow the County attorney to do the City prosecutions. We have Gil Gardner handling Ammon's misdemeanor and infractions. The attorneys are paid by the County and they are contracting with cities on the side. Action is not needed immediately, but the Council needs to think about how I I I I I I to handle when Gil Gardner can't help the City any longer. agreed to make some recommendations to the Council. Book 7-459 September 17, 1992 Attorney Anderson Councilman Anderson reported that Ira Duane Waters, 3730 Vaughn, is building an extra large garage in his backyard. The neighbors are concerned that is is going to used for a business. Mr. Waters obtained the necessary building permit before beginning construction, but he did not indicate he had plans for a commercial use. The City Clerk was instructed to prepare a letter to invite Mr. Waters to Council meeting on October 1, 1992, and to include a copy of the code section which outlines the home occupation permit requirements. It is time for the annual newsletter. Councilman Maeser was assigned to write it. Ammon was incorporated as a village on October 10, 1905, and became a second-class city in March 1961 by legislative action. Metropolitan Outdoor Advertising is still interested in obtaining information about granting and denying of permits to erect a billboard sign. The Council requested the Mayor to write a letter to Jim Talbot of Sessions Management to encourage him to support the City in trying to eliminate billboard signs on East Seventeenth Street. Claims were approved. Councilman Crandall moved to adjourn the meeting, and the motion was seconded by Councilman Hall. The meeting was adjourned at 8:40 P.M. MAYO~ ATTEST t0U~J(? QL;JV'Lb~ CITY CLERK ~