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Council Minutes 10/18/1990 I I I Book 7-303 October 18, 1990 CITY OF AMMON October 18, 1990 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 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 City Clerk Aleen C. Jensen Others present were: Michael Jepsen of Jepsen, Moreton and Company Jodi Cashman of Corroon and Black Administrative Services, Boise, Idaho Chuck Holden, Administrator of ICRMP, Boise, Idaho Denise and Steve Revis, 3370 Ross Avenue, Ammon Michael Nye, Shelley Office of Utah Power Maxine Hardy, 3745 Georgia Lane Seth Neilsen (Scout) ,3055 Talmage Absent: Councilman Ira K. Hall The pledge of allegiance to the flag was directed by Mayor Ard, and the invocation was offered by Councilman Crandall. Maxine Hardy, 3745 Georgia Lane, requested direction from the City Council about what procedures to follow in order for them to obtain a permit to construct a building to house their business, Idaho Traffic Safety, on property they own at 3400 East Sunnyside Road. Several months ago, the Planning and Zoning Commission advised the Hardys that their property and the adjacent properties now zoned RSC- 1 needed to be rezoned to C-l because the ordinance states that "all land in the proposed Residential Shopping Center shall be held in one ownership or in unified control so that all landscaping, offstreet parking space, and other common areas can be properly maintained." The City Council has been reluctant to initiate rezoning procedures until the land acquisition for Ammon Road is completed. Mrs. Hardy reviewed their plans and expressed their desire to begin construction. The Council determined that Hardys should not be penalized for the apparently improper zoning established on the area several years ago provided they can meet the requirements of the RSC-l zone except for development as a unit. Attorney Anderson reviewed the zoning ordinance and offered his opinion. Councilman Crandall moved that the City Council finds the use planned by Rich and Maxine Hardy for their property at 3400 East Sunnyside Road to be similar to the uses specified for the RSC-l Zone, it is in harmony with the intent of the Zone, and authorized a building permit to be granted. The motion was seconded by Councilman Maeser. Roll call vote: Crandall Yes; Maeser Yes; Anderson Yes. The motion carried unanimously. Denise Revis, 3370 Ross Avenue, requested a home occupation permit for a biokinesiology business. Biokinesiology is the study of body energy, blockages in the body, and is accomplished through saliva testing. Mostly, the samples are mailed to the home, however, locals may come to the house. Tests are completed for food sensitivity, chemical poisoning, colors, mold, noise, animals, dust, etc. Councilman Maeser reviewed the requirements for a home occupation, and there were no problems identified. Councilman Maeser moved to approve a home occupation permit for Denise Revis, 3370 Ross, for biokinesiology. The motion was seconded by Councilman Crandall. Roll call vote: Maeser - Yes; Crandall - Yes; Anderson - Yes. The motion carried unanimously. Chuck Holden, Administrator, explained the Idaho Counties Reciprocal Management Program (ICRMP) , a risk management program designed to provide training and a unique blend of services to the political subdivisions of Idaho. It is backed by insurance coverages from companies with an "A" or better rating to assure payment of claims which occur in spite of a public entity's best efforts to operate within proper policies and procedures. In 1985, at a time when no other property and casualty insurance coverages were available at reasonable prices to public entities in Idaho, the counties joined forces and formed ICRMP. Recently the program has been extended to other public entities. Mr. Holden discussed and answered questions about what ICRMP is, what it does, and how it differs. Michael Jepsen with Jepsen, Moreton and Company who currently serves the City of Ammon explained that ICRMP offers an excellent contract, but it is not a typical insurance policy. Specific likes pointed out by Mr. Jepsen are: (1) Claims and loss control services are extremely good; (2) The maximum deductible is $4,000 for any kind of claim; and (3) ICRMP responds quickly. ICRMP agreed to prepare a quote for the City of Ammon. 304 October 18, 1990 Councilman Maeser moved to approve 4, 1990, as prepared. The motion vote: Maeser Yes; Crandall unanimously. the minutes of City Council was seconded by Councilman Yes; Anderson Yes. Meeting held October Crandall. Roll call The motion carried Unfinished Business: Attorney Anderson prepared and distributed draft copies of an ordinance to adopt the Uniform Fire Code. He recommended the Council and the Fire Chief study this ordinance to prepare for adoption at a later meeting. Councilman Maeser has prepared reV1S1ons to the personnel policy. pending to allow a representative of State Insurance Fund input. Action is Councilman Crandall is collecting information on fixed assets. As soon as the data is collected, the Council can review and make recommendations on values. Engineer Benton is preparing a consolidated description of the parks for the rededication of the park properties as requested by the State of Idaho Department of Parks and Recreation. Mayor Ard brought a copy of the revised design for Ammon Road from Forsgren Associates. Engineer Benton took the plans to review the right-of-way needs and the irrigation structure. The State Highway Department tentatively plans to meet with representatives of the City of Ammon on Nov.l to go over the revised design. Dennis Austad has contacted the City Office, Mayor Ard, and Engineer Benton about developing property north of the Circle K Convenience Store. He requested information about utilities and expressed concern about the drainage because the area used to be a gravel pit. Mr. Austad wondered about using a catch basin installed by the City of Idaho Falls, and he was advised to review any such plans with City of Idaho Falls. The City of Idalho Falls has established that the access to the property from Hitt Road is to be four hundred feet (400') north of Seventeenth Street. Reports: Engineer Benton explained that a maj or anchor store is considering development of property on the north side of East Seventeenth Street adjacent to Well No.7. The City will probably be asked to consider a different street layout. Councilman Maeser recommended the City make landscaping a high priority in new developments. Councilman Crandall has been concerned with providing reimbursement to the Mayor and City Council for out-of-pocket expenses incurred as they perform their official duties for the City. The officials give of their time, but it is not right that they assume costs which should belong to the City. He proposed an expense allowance of $100 in addition to their salary which is established by City ordinance. The proposal was discussed, but no decision was reached. Attorney Anderson recommended that a full Council be present for any action. Opinions were expressed for, against, and uncommitted. Councilman Maeser suggested it would be better to propose a salary increase to become effective after the next election. Regarding the matter, the Council was very much concerned about the reaction of the constituents and desired to not create any aggravation. Councilman Maeser discussed the possibility of obtaining the D.O.E. fire truck with Dixie Richardson of Senator Symms' office. The information prepared by Ed Wright of the Fire Department was condensed and submitted through Symms' office. Mrs. Richardson believed the donation had possibilities, but no further information has been received. Councilman Anderson requested clarification of the dog ordinance regarding the 75% approval of adj acent property owners and/ or residents for commercial and non- commercial kennel licenses. Kennel licenses should be monitored by the City, but the complainer has a responsibility to support any action. Councilman Crandall reminded the Council that funds should still be available for Ammon to participate in an Idaho Centennial project, but time is running out. No recommendations were made. The E Z Storage business between Eastgate Drive and Falcon Drive has changed ownership. The new owner is David Kingston, and he has renamed the establishment to Mini-Warehouse III. They have submitted an application to build an additional storage unit, and they plan to continue to add even more units. The property is zoned R-l, and the original units were built there after public hearing and special permission of the City Council. The original plans were approved on March 6, 1980. These plans should be reviewed and a recommendation be made by the Planning and Zoning Commisssion before a building permit is issued. Deseret Mutual has informed the City that Jerry Bergeman, Jerry Bergeman and Sons Auto Repair, 2590 East Seventeenth Street, encroached on their property and the I I I I I I Book 7-305 October 18, 1990 October 24, 1990 Eastgate Drive right-of-way when he built the addition on his building. This is a problem between Jerry Bergeman and Deseret Mutual, but the City needs to be aware of it. The City of Idaho Falls Red Ribbon Kick-Off for the National Celebration of Drug- Free America is scheduled for Monday, October 22, at 10:00 A.M. at the Idaho Falls City Hall on Constitution Way. For Information: No response has been received regarding the City's request for Crostons to clean up their property at 3020 Western Avenue. Farrell Adamson, 3250 Rawson is selling his house. He plans to sell off the house and property on Rawson Street but retain the junk yard behind and use the vacant lot at 2685 Midway to access it. The City's insurance carrier denied Mr. and Mrs. David Weller's claim for rock damage to a kitchen window. Claims were approved. Councilman Maeser moved by Councilman Crandall. that the meeting be adjourned. The motion was The moeting was adJou~~~~_at 9:50~. .}l...-----. .. ", //----- -~ ! L--~ /'L seconded ATTEST ?'L~~"-" (I ~ ~4t>,.;.4v CITY CLERK &/ CITY OF AMMON October 24, 1990 Minutes of the Special Meeting of the Mayor and City Council: The meeting was called to order lowing City Officials present: Mayor C. Bruce Ard Councilman Harvey Crandall Councilman Ira K. Hall Councilman Greg J. Maeser at 7:00 P.M. by Mayor C. Bruce Ard with the fol- Planning & Zoning Com. Chairman Ron Folsom Planning & Zoning Com. Member Kathy Dansie Deputy City Clerk Carol Ragan Others present: Dave Kingston, Owner of Mini-Warehouse III, 1901 Eastgate Drive Dave Kingston, owner of Mini-Warehouse III located at 1901 Eastgate Drive, addressed the Council stating he had not been made aware when purchasing said property that permission to construct was given by a special use permit which did not transfer with change of ownership. He explained to the Council that he merely wished to have additional storage units constructed along with upgrading the existing buildings and grounds. He also stated that time was a factor he would like the Council to take into consideration as he had already hired a crew. Ron Folsom addressed the Council as to the reason this property had been zoned R-l with a special use permit allowed originally was to maintain control and protect those residences on Falcon Drive. It was felt this could be done better under the present zoning rather than C-l. Mr. Kingston asked if the special use permit could not be transferred. Councilman Maeser stated that transfer of ownership clearly defined in the ordinance cancelled beyond any doubt the special use permit. Even in application for a new special use permit, residents still had the right to state their feelings, and as such the permit mayor may not be issued. This was the risk Mr.Kingston faced in continuing construction without the permit. (Corrected 11-1-90) Mr. Kingston stated he felt the risk was negligible and weM~e-~fte-eeMftef~-~~aft~ ~e~mfBBfeft-~e-eeft~fftMe-eeftB~~Me~feft. would proceed with the hearing process. The Council agreed and set the time for the Public Hearing to be held November 15, 1990, at 7:30 P.M. at the Ammon City Building. Mr. Kingston was instructed to visit the City Office next day to make formal application and also to attend the next Planning and Zoning Meeting to be held November 6, 1990. Harvey Crandall moved to adjourn the meeting. Councilman Maeser seconded the motion. The meeting was adjourned at 8:15 P.M. ~__.. .'\ \......~V /' 7 -:::/ MAYOR '- ~v ~ ATTEST ~ ~ ~ DEPU Y CITY CL