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Council Minutes 11/01/1990 306 November 1, 1990 CITY OF AMMON November 1, 1990 Minutes of two Public Hearings and the Regular Meeting of the Mayor and the City Council: The meeting was called to order at 7:30 P.M. by Mayor C. Bruce Ard with the fol- lowing City Officials present: Mayor C. Bruce Ard Councilman Harvey Crandall Councilman Ira K. Hall Councilman Greg J. Maeser City Clerk Attorney W. Joe Anderson Engineer David E. Benton Public Works Director David Fire Chief Cal Smith Aleen C. Jensen Wadsworth Others present were: Dr. Richard L. Goodworth, Superintendent School District No. 93 Glenn R. Peterson, School District No. 93 Garth Cunningham, Mountain River Engineering Randy, David, and Richard Skidmore, Skidmore Construction H. James Talbot, President of Sessions Management Company Karen Talbot, Farmington, Utah Iva Lou Herd, 1785 Sequoia Drive, Idaho Falls, Idho Gloria and Nathan (Scout) Oldham, 2315 Princess Drive, Ammon Trevor Ball (Scout), 4085 Wanda Street, Ammon Lynn and Brady (Scout) Webb, 430 Tie Breaker Drive, Ammon Kathy Dansie, 575 Matchpoint Drive, Ammon Sheila Kent, 2585 Hillam Drive, Ammon Thomas A. Ricks (Scout), 2695 Salmon Street, Ammon Michael Jepsen; Jepsen, Moreton and Company Absent: Councilman Marvin J. Anderson The pledge of allegiance to the flag was directed by Councilman Maeser, and the invocation was offered by Councilman Hall. The Scouts were welcomed and introduced. Mayor Ard opened the Public Hearing on the request of School District No. 93 for annexation and initial zoning of R-l with a Special Use Permit to allow a High School to be built on the Bjornson/Ricks property. Proper Notice of Hearing was made in accordance with Idaho Code. Dr. Richard Goodworth and Garth Cunningham were sworn in to present testimony. Engineer Garth Cunningham explained the School District is proposing to purchase property lying on the west boundary of Millnon between Sunnyside Road and Owen Street subject to the approval of the City Council for annexation. There is an island of property to be retained by Bjornsons which would remain unannexed. Accesses are planned for Sunnyside Road and Owen Street. Placement and building plans have not been finalized, but Dr. Goodworth presented preliminary plans which are scheduled for review by the School Board at their next meeting. The proposed building would accommodate approximately 1200 students and provide for expansion. Councilman Crandall expressed concern that Sunnyside Road not become a school zone and recommended the School District make traffic flow a part of their planning. Both Dr. Goodworth and Glenn Peterson pointed out that the school zones are determined by those who control traffic, but the school is willing to work with those who do have control. Councilman Maeser inquired about present improvements on the property, and it was pointed out there is only one house and a few old farm buildings on the portion of property to be retained by Bjornsons for their horses. Tentative plans of the school are to be ready to bid the project in January or February, 1991, with construction to begin in the spring and occupancy in the fall of 1992. There was no public comment for or against the request. The engineer questioned as to whether or not platting would be required, and it was determined that a plat should be prepared. The Planning and Zoning Commission recommended approval of the annexation and initial zoning. Councilman Hall moved to approve the annexation of the Bjornson/Ricks property: Beginning at a point that is S. 88037'09" E. along the section line 1322.80 feet from the Southwest Corner of Section 27, Township 2 North, Range 38 E.B.M.; said POINT OF BEGINNING being the Southwest Corner of the East 1/2 of the Southwest 1/4 of Said Section 27; running thence S.88037'09" E. 972.74 feet; thence N.00oOO'45" W. 1331.19 feet to the Southwest Corner, Lot 1, Block 3 of BJORNSON ADDITION, Division If!, to the City of Ammon, Idaho; thence N.89004'3l" W. 270.00 feet to the Southwest Corner of Lot 4, Block 3 of said Bj ornson Addition; thence N. 00000'45" W. 630.52 feet; thence N.88055'15"W.along Said Bjornson Addition 705.68 feet to the West line of the East 1/2 of the Southwest Corner of Said Section 27; thence S.00006'09" E. along Said West line 1955.93 feet to the POINT OF BEGINNING. Containing 39.88 acres. I I I I I I Book 7-307 November 1, 1990 Also: Beginning at a point that is S.88037'09" E. along the Section line 1322.80 feet and N. 0006' 09" W. 350.00 feet from the Southwest Corner of Section 27, Township 2 North, Range 38 E.B.M.; said POINT OF BEGINNING being on the East line of the West 1/2 of the Southwest 1/4 of said Section 27; running thence N.0006'09" W. 1150.00 feet; thence N. 88037'09" W. 415.00 feet; thence S. 0006'09" E. 1150.00 feet; thence S. 88037'09" E. 415.00 feet to the POINT OF BEGINNING. Containing 11.95 acres. (Note: Ricks' property was not included as part of the School District Subdivision when the annexation was finalized.) to be zoned R-l with a Special Use Permit to allow a High School subject to completion of an acceptable annexation agreement between the City and School District No. 93. The motion was seconded by Councilman Maeser. Roll call vote: Hall Yes; Maeser - Yes; Crandall .- Yes. The motion carried unanimously. Engineer Benton and Garth Cunningham were assigned to \vork up an annexation agreement. Mayor Ard closed the Public Hearing. While school officials were present, Mayor Ard proposed the City and the School District become involved in developing a park for Tie Breaker Village Subdivision. Dr. Goodworth explained that the school property at Tie Breaker Elementary is larger than most of the schools, and it was hoped it could be developed for cowmunity use. There is a master plan for the site which shows open grass area, but the Board of Trustees would need to approve any change. There is no school policy to preclude the School and the City or another public entity from working together. Mayor Ard suggested the School has the grassed area, and the City may be interested in building a shelter and adding a few pieces of equipment. It was agreed the school officials and the city officials should get together to discuss the matter. Fire Chief Cal Smith discussed the school fire alarm system at Hillview, Tie Breaker, and South Bonneville. During the summer or early spring an alarm went off at the Tie Breaker School while it was unoccupied and a passerby happened to go by the school and observed it. The alarm was probably set off by a power surge, and it was calculated the alarm probably went off 1-1/2 hours before the alarm was detected. At Hillview and South Bonneville the system provides for outside detection, but at the Tie Breaker School everything is inside. This is a serious situation and Fire Chief Smith suggested the School update their system. Dr. Goodworth recommended that Fire Chief Smith and Glen Peterson from the School District go over the system to determine what upgrade is needed. Mayor Ard opened the Public Hearing on the request of Richard Skidmore for annexation and initial zoning of Fox Hollow Division No.1, more particularly described as property north of First Street across from Tie Breaker School. It was noted that proper Notice of Hearing had been given in accordance with Idaho Code. Those desiring to speak were sworn in. Engineer Garth Cunningham oriented the Council to the location of the proposed subdivision. The developer requested R-3A zoning for the lots along First Street and R-l zoning for the interior lots. Mayor Ard questioned why the developer was requesting annexation of Division No. 1 only and not the entire subdivision. Cunningham explained they had the interest of the City in mind and planned for annexation by portions as they could develop the property. There is only one access off First Street to the interior lots but, depending on how they are developed, the R-3A lots may also access on to First Street. Plans propose a variation of curb and gutter to accommodate drainage for the interior lots. Curb and gutter was not discussed for the lots along First Street and this should be considered in the annexation agreement. The Fire Department does not have a problem with Division No.1, but they requested that all the fire hydrants be on intersections and not back in the cul de sacs. There was no public input. The Planning and Zoning Commission recoTIl."'llended approval. Councilman Crandall moved to approve annexation of the subdivision Fox Hollow No. 1 with R-3A zoning on Lots 1, 2 and 3 of Block 1 and Lots 1 and 2 of Block 4 and R-l zoning on Lots 4, 5, 6, 7, 8, 9, 10, 11, and 12 of Block 1, Lots 1, 2, 3, 4, and 5 of Block 2, Lots 10 and 1 of Block 3, and Lots 3, 4, 5, 6, 7, 8 of Block 4 subject to completion of an annexation agreement between the City of Ammon and Skidmores. The motion was seconded by Councilman Hall. Roll call vote: Crandall ~ Yes; Hall - Yes; Maeser - Yes. The motion carried unanimously. The engineers were assigned to prepare an annexation agreement. Mayor Ard closed the Public Hearing and continued the regular meeting. Sheila Kent, 2585 Hillam Drive, explained they want to add on to their house, but there is a problem with required setbacks and property lines. Their property is located in Hillview Village on the corner of Hillam Drive and Rawson Street where it joins th~ original townsite of Ammon. The streets in Hillview were developed narrow but Rawson Street has a dedicated right-of-way of 99 feet. The Kent's house was built too close to the property line for the 99' right-of-way, and the curb and gutter on the south side is in the right-of-way. Kents have had their property surveyed to determine their property lines. In order to build an addition on their existing house, they Heed a sideyard variance or the City needs to vacate some of the 99' right-of-way on Rawson Street. The Council discussed solutions to the problem. Engineer Benton was asked to collect figures and make a recommendation to the Council regarding the best action. 308 November 1, 1990 H. James "Jim" Talbot represented Sessions Management Company of Bountiful, Utah, to discuss a projected development on the north side of East 17th Street between Well No. 7 and the proposed Kame Kae Avenue. They have purchased enough property for Phase One which provides for one large, retail tenant with one and possibly two outpads. The building will be approximately 104,000 square feet, will set back in the middle of the lot about 325 feet from 17th Street, and is designed to house K-Mart. K-Mart is developing a new image with a new logo, and this store will reflect the new image. Applications should be completed so that construction can begin as soon as the ground thaws in the spring of 1991, and the store will open for business November 1, 1991. The business will use a small amount of culinary water but needs a large water line to maintain consistent pressure for fire protection. They will provide landscaping along 17th Street, but the rest of the area will be paved for parking. The property involved is already annexed to the City of Ammon, has water and sewer available, and is zoned properly. I Sessions Management was instructed to complete plans, to submit the plans for review, and to make application for a building permit. The minutes of the regular City Council Meeting of October 18 and the Special Meeting of October 24, 1990, were discussed. Councilman Maeser recommended a correction to the first sentence of the last paragraph of the minutes for October 24. They should be corrected to read, "Mr. Kingston stated that he thought the risk was negligible and would proceed with the hearing process." Councilman Maeser moved to approve the minutes of City Council Meetings held October 18 and October 24, 1990, as corrected. The motion was seconded by Councilman Crandall. Roll call vote: Maeser - Yes; Crandall - Yes; Hall - Yes. The motion carried unanimously. Michael Jepsen of Jepsen Moreton and Company presented insurance proposals for the Hartford program, the City's incumbent carrier; and the ICRMP program. Details of the two programs were reviewed. Mr. Jepsen pointed out that both programs provide the City with excellent coverage. Discussion on the ICRMP proposal included clarification of the three levels of coverage, the need for the Mayor to enter into an agreement, taking unreported claims with you, prior acts coverage, $4,000 maximum deductible, and payment schedule. Quotes received were as follows: Hartford Program $20,527.00 ICRMP $18,938.00 Stein-McMurray $22,407.00 Councilman Crandall moved to accept the proposal of ICRMP for insurance coverage I for the City of Ammon effective November 1, 1990. The motion was seconded by Councilman Hall. Roll call vote: Crandall - Yes; Hall - Yes; Maeser - Yes. The motion carried unanimously. Reports: Public Works Director David Wadsworth informed the Council that the State Transportation Department has scheduled a meeting to review the preliminary design plans for Ammon Road on Monday, November 5, at 2:00 P.M. in the Ammon City Building. Engineer Benton reported on the progress of Bonneville County on their project to cover the irrigation ditches along Ammon Road between Lincoln Road and East 17th Street. Public Works Director Wadsworth reported on the Cities-County Meeting held October 31 at 7:30 A.M. It was announced at that meeting that the funding for our Ammon Road project has been set back until 1992 Fiscal Year. Fire Chief Cal Smith reported that winterization at Well No. 7 is almost complete. There is a problem with the weather stripping around the doors, but the contractor has promised to come back to repair. The fire engines are running good. Three new volunteers have joined the Fire Department as a result of the annual newsletter. The newsletter has had good response this year. Tonight the Council brought into Ammon a new school, a new subdivision, and a major store. This affects our fire protection, and the Council needs to look at ways to improve our department. Fire Chief Smith plans to search around for mutual aid agreements. Engineer Benton studied the easement agreement and the development agreement I completed when the Council granted the original Special Use Permit for E Z Storage. He reviewed these agreements for the Council's information. When the Council takes action on the request of the new owner for a Special Use Permit, they should require the new owner to enter into these or similar agreements. Attorney Anderson has copies of these agreements to study, and the Council instructed that copies be sent to Mini-Warehouse III. BECO has not been paid for the chip and seal project on the Ross Avenue/Peterson Park streets. Engineer Benton is preparing a statement of the balance owed by the City so that payment can be made to BECO. Councilman Maeser advised that Senator Steve Symms is still working to obtain the D.O.E. surplus fire truck for the City of Ammon. I I I Book 7-309 November 1, 1990 November 15, 1990 Councilman Maeser moved that the meeting be adjourned. The motion was seconded by Councilman Hall. The meeting was adjourned at 9:30 P.M. Q~0 ATTEST ti~~,_/ (!! ~.4i--k.-4J CITY CLERK tP CITY OF AMMON November 15, 1990 Minutes of the Public Hearing and the Regular Meeting of the Mayor and City Council: The meeting was called to order lowing City Officials present: Mayor C. Bruce Ard Councilman Marvin J. Anderson Councilman Harvey Crandall Councilman Greg J. Maeser Planning & Zoning Chairman at 7:30 P.M. by Mayor C. Bruce Ard with the fol- Attorney W. Joe Anderson Engineer David E. Benton Public Works Director David Wadsworth Fire Chief Cal Smith Ron Folsom Asst. Fire Chief James D. Walker City Clerk Aleen C. Jensen Others present were: Tonya Jean Erickson representing Mini-Warehouse III, 1901 Eastgate Drive, Ammon Mark and Aaron (Scout) Thomas, 3240 Southwick Lane, Ammon Raymond James, 2080 Falcon Drive, Ammon Stephen Freiburger, Project Engineer with Forsgren Associates David Borg, 1855 Falcon Drive, Ammon Michael Nye, Manager Shelley Office of Utah Power Julie Witzel, Economic Development Director, Utah Power, Salt Lake City, Utah Absent: Councilman Ira K. Hall The pledge of allegiance to the flag was directed by Councilman Crandall, and the invocation was offered by Councilman Anderson. Mayor Ard opened the Public Hearing on the request of David O. Kingston for a Special Use Permit (aka Conditional Use Permit) to assume operation of E Z Storage. 1901 Eastgate Drive, under the name of Mini-Warehouse III and to continue development of additional units according to the plans approved for the original owners. The property is now zoned R-l with a Special Use Permit. Tonya Erickson and David Borg were sworn in to present testimony. Mayor Ard explained the operation remains basically the same, but a new permit is needed because of change in ownership. Engineer Benton reviewed the original plans for the Council. The City Office received telephone calls from Thayle Monson, 2090 Eagle Drive, and Ruth Walker, 1820 Falcon Drive, to request that the City Council not allow access to the storage units from Falcon Drive. It was noted that there is an existing access on the south end for emergency purposes only. Tonya Erickson pointed out there is property owned by Mr. Kingston which extends south beyond the fenced area. Raymond James, 2080 Falcon Drive. asked what about lighting because the lights are bright now. Ms. Erickson stated it would likely be lighter because of the area lights needed for the new construction. Engineer Benton recommended any additional lighting be directed back towards the storage property and not towards the windows of the residential houses. The east side of the property is used for open storage, and present development is concentrated on the west side of the north end. Dogs from the surrounding residential area dig holes under the fence and run on the storage property but no dogs are owned by Mini-Warehouse III. Mr. James asked how far they planned to build on the south end, and Ms. Erickson replied that she did not know. The south end is narrow and there needs to be enough area by the buildings for vehicles to turn around. Ron Folsom, Chairman of the Planning and Zoning Commission reported on their findings and recommendations. Planning and Zoning determined that the Special Use Permit was originally granted to allow the storage units in an R-l zone in order to maintain control for the protection of the adjoining residents. Their recommendation was to reissue the Special Use Permit to the new owner with the original conditions until such time as a suitable zone change could be recommended. The C-l zone fits the operation, but it does not provide enough control to protect the adjacent property owners. Planning and Zoning would like to study the zoning possibilities and to make a future recommendation for a new zone, a change to the C-l zone, or continuation of the Special Use Permit which would survive another change of ownership. Following their recommendation, Mr. Kingston should reapply. David