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Council Minutes 9/12/2006 (68) I I I 75 August 15, 1996 CITY OF AMMON August 15, 1996 Minutes of the Regular Meeting of the Mayor and City Council: The meeting was called to order by Mayor C. Bruce Ard in the City Building, 2135 South Ammon Road, at 7:35 P.M. with the following City Officials present: Mayor C. Bruce Ard Attorney W. Joe Anderson Councilmember W. Lee Bean Engineer David E. Benton Councilmember Sherrill C. Bohn Public Works Director David Wadsworth Councilmember Ira K. Hall City Clerk Aleen C. Jensen Others Present: James Gregory, 1910 Falcon Drive, Ammon Sydney and Dennis Wagner, 3580 Georgia Lane, Ammon Jan Burnell, 3600 Georgia Lane, Ammon Emerson D. and Joy K. Jenkins, 3560 Georgia Lane, Ammon Jerry Mitchell, 3751 Marlene Street, Ammon George Watkins III, 2155 Midway Avenue, Ammon Stan Ingram, 3375 Southwick Lane, Ammon Larry Schuldt, 6211 South 15 West, Idaho Falls Absent: Councilmember Steven J. Loveland The Pledge of Allegiance to the Flag was directed by Councilmember Hall, and the invocation was offered by Councilmember Bean. James Gregory, 1910 Falcon Drive, requested a non-commercial kennel license. He owns three dogs--one a Shepherd/Golden Retriever, spayed female, named Tara, and two Black Shepherd, four months old pups, a male and a female. He does not have a kennel, but he has a fenced yard. At night the dogs are kept inside. He is not breeding dogs. He moved to Ammon in May 1996. He has had complaints about dogs in general, but no complaints about his dogs. Mr. Gregory's application listed twenty-two addresses to obtain consent from. Seventeen signed for approval and three signed for disapproval. Councilmember Bean moved to approve a non-commercial kennel license for James Gregory, 1910 Falcon Drive. The motion was seconded by Councilmember Hall. Roll call vote: Bean - Yes; Hall - Yes; Bohn - Yes. The motion carried. Mayor Ard reported the Planning and Zoning Commission members discussed the recodification of the zoning ordinance at their meeting on August 6, 1996. The chapters were divided up among the Commission members. Each was asked to study the chapters assigned, provide input, make corrections, and prepare to report at their next meeting. Stan Ingram, 3375 Southwick Lane, reported a traffic problem at Cabellaro Drive and Southwick Lane. Automobile drivers speed around the corner. Children do not pay attention, and he is afraid there is going to be an accident. As a safety measure, he requested a stop sign be placed on his corner to stop the south bound traffic on Cabellaro Drive which turns west on Southwick. At present there is a stop sign on Southwick Lane for vehicles traveling east to enter Cabellaro Drive. Automobiles cut through from Ammon Road west on San Carlos, south on Cabellaro, and then west on Southwick. The area seems to be a thoroughfare. Public Works Director Wadsworth stated that stop signs are not to be used to control speed. A more logical place for a stop sign would be on San Carlos and Cabellaro. A stop sign on San Carlos should help alleviate the problem at Cabellaro and Southwick. Attorney Anderson advised, in order to place a stop sign, the Council has to make a finding based upon a report that it would be desirable to place a stop sign on San Carlos at Cabellaro Drive. The City Council made a finding as follows: (1) Vehicles travel at rapid speed down Cabellaro Drive because they make a non-stop turn from San Carlos on to Cabellaro Drive; (2) San Carlos Street tees into a through street; (3) Councilmember Bohn has noted the need as she walks in that area; and (4) The fence, trees, and shrubs at 2025 Cabellaro block the view. Councilmember Hall moved to adopt these findings as sufficient evidence of the need to install a stop sign on San Carlos at Cabellaro and to order the stop sign to be erected. The motion was seconded by Councilmember Bohn. Roll call vote: Hall - Yes; Bohn - Yes; Bean - Yes. The motion carried. Jan Burnell, Emerson and Joy Jenkins, and Sydney and Dennis Wagner would like to have the bridle path issue resolved. There is still a gate at Talmage Street which makes the bridle path not accessible to Pony Acres. Loren Peterson has encroached into the bridle path with the wall/fence/structure he has erected. Mayor Ard visited with Lorin Peterson and with the Ray Berrys. He pointed out to them the City understood the bridle path would be made accessible to both Pony Acres and 76 August 15, 1996 Barbara Jean residents. Jan Burnell expressed disappointment the Mayor had not delivered the letter of formal complaint to Lorin Peterson and requested that he respond. The encroachment of Peterson on the bridle path is an issue with Burnells. The Talmage Street access is an issue with Jenkins because they have been using the Talmage Street access for years. The bridle path with access from Georgia Lane is not usable. The bridle path is a private easement and not a public easement. The issue has become neighbor against neighbor. Attorney Anderson asked the Jenkins what they would like to see happen regarding the gate. They do not want everyone to come on the bridle path. They do not mind the gate, but it is not user friendly. Councilmember Bean offered to be a mediator, but he is against the Talmage Street access. Councilmember Hall thinks the City needs to be careful because the City has no right to make anyone do anything about the bridle path. The City is trying to be helpful, but it is the residents' problem. It is a civil matter. There was much discussion. Mayor Ard agreed to deliver the formal complaint letter to Lorin Peterson. The letter bears the signatures of George and Jan Burnell, Dennis and Sydney Wagner, and Joy Jenkins. I Jerry Mitchell, 3751 Marlene Street, expressed concern about the City of Ammon ignoring and letting things slide to the point where someone builds a building and fails to be in compliance but, because no one wants to rock the boat, they issue the building permit or they let the building go. Someone has a home occupation in violation. The City shrugs their shoulders and because no one complains no action is taken. He cited examples of ignored violations and non-compliance in his neighborhood. One example is a neighbor who has thirty-five to fifty dogs, but has been granted a non-commercial kennel license even though the operation is commercial and breeding of dogs is not allowed according to the zone. The City does not enforce the zoning ordinances. Mr. Mitchell stated his property values are being damaged. The City is allowing neighborhoods to lose their residential character. The City Council should take a stand and not wait for neighbors to complain. The City Council has traditionally let things slide passed. A new neighbor is supposedly moving to Marlene Street and rumors are that he plans a business from his home. ~f it occurs, Mitchell will be over to the City expecting the City Council to protect his property rights as a citizen of Ammon. You are not going to defend Jerry Mitchell. You are going to defend the ordinances of Ammon. Mayor Ard asked that Sue Sorenson be notified to attend Council Meeting regarding her kennel license. The First Street Waterline Extension Agreement is still not resolved. Attorney Anderson considered legal action against Dr. Marano, but the hospital requested the City to wait a few days for them to address it administratively. The Council requested some kind of action before next Council Meeting. I Engineer Benton reported he advertised for bids for Well No.8 distribution lines to be opened August 28 at 2:00 P.M. Sealed bids will be received for construction of approximately 580 L.F. of 16",195 L.F. of 12", and 850 L.F. of 8" water line and miscellaneous fittings on Tie Breaker Drive, South of John Adams Parkway. Schedule 1 is for pipe line going from the new well to the intersection of John Adams and Tie Breaker Drive. Schedule 2 is for pipe line going south. At the last meeting, Engineer Benton recommended the City advertise for alternate bids for the pump because of costs involved. Since then, more research has been completed, and it has been determined a variable speed pump will provide the best over all efficiency and the costs are comparable. Another recommendation is that the City consider providing for auxiliary power so the pump can be run independently. Cost for a generator was estimated at $115,000. The generator is something to be planned for when the City can afford it, but the well house should be designed to accommodate one. The building has been designed with the pumping layout. The piping has been set up so chlorination can be added if needed. Plans need to be put in place for reimbursement of costs when development occurs. Another recommendati0nwas to do some preparation work to provide a good access to the well until the road is built. Mayor Ard called for discussion on the 1997 fiscal year budget figures. There have been a few changes since the preliminary figures were reviewed at Council Meeting on August 1, 1996. Each change was discussed. Councilmember Bean moved to approve the Tentative Budget for the 1997 Fiscal Year as proposed and to set the Budget Hearing for Thursday, September 5, 1996, at our regular scheduled meeting. The motion was seconded by Councilmember Bohn. Roll call vote: Bean - Yes; Bohn - Yes; Hall - Yes. The motion carried. I The City needs to activate the CDL Drug Testing Program. A Monday afternoon is a good time to show the video to the employees. Councilmember Hall will plan to meet with the employees to view the video. Reports: David Wadsworth reported for Public Works. The parks are greening up. Idaho Falls is scheduled to stripe East 17th Street when they do their part. Idaho Traffic Safety has been contacted to stripe Sunnyside Road. The school zone lights are ready to turn on. I I I 77 August 15, 1996 Councilmember Bohn reported a street light out at Curlew Drive and Salmon Street. The City needs to write job descriptions for the employees and the City Council. Job descriptions would promote employees to know their job and to perform more efficiently. Larry Schuldt, Building Inspector, reported he had completed two plan checks, and he has one inspection scheduled. Attorney Anderson was of the opinion that for building permits issued prior to August 11, 1996, Bonneville County has the responsibility and the right to complete the inspections. Regarding Skidmore's soccer arena, a permit has been issued for footings and foundation but the paperwork has not been completed for the remainder of the building. The Council decided to send a letter to Bonneville County in regards to the termination of the building inspection agreement. The letter should point out that we plan that they will complete inspections on all permits issued prior to August 11. There is one permit in question for the soccer arena. Bonneville County should complete inspections for the footing and foundation and Ammon will take over the rest of the building. moved to adjourn the meeting, and the The meeting was adjourned at 9:50 P.M. a~D Claims were approved. Councilmember Bean motion was seconded by Councilmember Hall. ATTEST ~(!- Q~~ CITY CLERK / 78 NOTICE OF PUBLIC HEARING BUDGET FOR FISCAL YEAR 1996-97 CITY OF AMMON, IDAHO NOTICE IS HEREBY GIVEN that the City Council of the City of Ammon, Idaho, will hold a public hearing for consideration of the proposed budget for the fiscal period October 1, 1996 - September 30, 1997, pursuant to the provisions of Section 50-1002 Idaho Code. The hearing will be held at City Hall, 2135 South Ammon Road, Ammon, Idaho, at 7:30 P.M. on Thursday, September 5, 1996. All interested persons are invited to appear and provide comments regarding the proposed budget. Copies of the proposed budget (in detail) are available at the City Clerk's office from 8:00 A.M. to 12 Noon and 1:00 P.M. to 5:00 P.M., weekdays. City Hall is accesib1e to persons with disabilities. Anyone desiring accommodations for disabilities related to the budget documents or the hearing, please contact the City Clerk's office at 529-4211 at least 48 hours prior to the public hearing. PROPOSED EXPENDITURES The following is an estimate set forth in said proposed proposed expenditures and accruing indebtedness of the City the fiscal period October 1, 1996 - September 30, 1997. FY94-95 FY95-96 Actual Budget Expenditures Expenditures $ $ ESTIMATED REVENUE The estimated revenue for the City of Ammon, Idaho, for the October 1, 1996 September 30, 1997, is as follows: FY94-95 FY95-96 Actual Budget Revenues Revenues 159,234.00 $ 167,600.00 GENERAL FUND TAX LEVY $ REVENUE FROM OTHER SOURCES State Revenue Sharing Inventory Replacement Franchises Liquor Apportionment Building Permits Licenses Magistrate Court Bonds, Animal & Parking Recycling LID Transfer Recreation Fees Water Fund Sewer Fund Sanitation Fund Highway Users County Road & Bridge Restricted Highway Interest Earnings Grants Miscellaneous Carry Over TOTAL ESTIMATED REVENUE $1,445,333.00 $1,813,677.00 $1,827,232.00 I, Aleen C. Jensen, City Clerk-Treasurer of the City of Ammon, Idaho, do hereby certify that the above is a true and correct statement of the proposed expenditures and revenues for the fiscal year 1996-1997, all of which have been tentatively approved by the City Council on August 15, 1996, and entered at length in the Journal of Proceedings. Dated this 15th day of August, 1996. Aleen C. Jensen, City Clerk-Treasurer GENERAL FUND Gen. & Administration Law Enforcement Fire Protection Building Fund Total General Fund PARKS & RECREATION FUND WATER O&M FUND SEWER O&M FUND SANITATION FUND STREET FUND TOTAL PROPOSED EXPENDITURES $ 247,918.00 92,655.00 14,174.00 27,451.00 382,198.00 127,185.00 217,204.00 207,419.00 141,910.00 221,384.00 $ 338,820.00 102,495.00 55,500.00 40,000.00 536,815.00 120,472 . 00 528,000.00 226,490.00 210,000.00 191,900.00 $1,297,300.00 $1,813,677 .00 144,472.00 7,397.00 26,114.00 75,390.00 40,586.00 2,557.00 2,975.00 212.00 2,269.00 505.00 39,072.00 270,459.00 230,410.00 112,861. 00 192,210.00 89.00 .00 90,531. 00 .00 9,937.00 38,053.00 154,000.00 7,000.00 26,000.00 21,288.00 40,000.00 3,000.00 2,500.00 200.00 1,900.00 2,000.00 41,250.00 338,000.00 226,490.00 110,000.00 191,800.00 100.00 .00 25,000.00 17,000.00 2,000.00 436,549.00 Published: Aug. 27 & Sept. 3, 1996 I budget of the total of Ammon, Idaho, for FY96-97 Proposed Expenditures $ 249,637.00 110.000.00 45,000.00 40,000.00 $ 444,637.00 153,505.00 506,000.00 236,990.00 137,000.00 349,100.00 $1,827,232.00 fiscal period I $ FY96-97 Proposed Revenues 186,105.00 154,000.00 8,000.00 30,000.00 26,612.00 40,000.00 3,500.00 3,500.00 200.00 2,000.00 1,220.00 44,000.00 275,000.00 231,990.00 115,000.00 195,000.00 100.00 26,000.00 46,000.00 10,000.00 2,000.00 427,005.00 I