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Council Minutes 9/12/2006 (175) I I I 214 June 15,1995 CITY OF AMMON June 15, 1995 Minutes of the Regular Meeting of the Mayor and City Council: The meeting was called to order at 7: 30 P.M. at the City Building, 3270 Molen Street, Ammon, Idaho, by Council President Greg J. Maeser with the following City Officials present: Council President Greg J. Maeser Councilman Ira K. Hall Councilman Steven J. Loveland City Clerk Aleen C. Jensen Attorney W. Joe Anderson Engineer David E. Benton Public Works Director David Wadsworth Planning & Zoning Rep. Elaine McGary Others Present: Ray and Karen Ellis, 2940 Sawtooth, Ammon Roger Jones, Branch Manager of Young Electric Sign Company Sue Forrest, 3810 Geneva, Ammon Beverly Beck, 3885 East Sunnyside Road, Ammon Jay Ellis, 2195 Midway Avenue, Ammon Absent: Mayor C. Bruce Ard Councilman Harvey Crandall The Pledge of Allegiance to the Flag was directed by Council President Maeser, and the invocation was offered by Councilman Hall. D. Ray and Karen Ellis, 2940 Sawtooth, applied for a home occupation permit to market distressed merchandise. Distressed refers to manufacture overstock. Merchandise will be distributed direct from the warehouse to the customer. Basically the business will involve the telephone and the fax machine. There will be no customer or delivery trucks going and coming from the home. There will be no signs. D. Ray Ellis signed the statement to show they can comply with the regulations specified in City Code ll-5-27H. Councilman Hall moved to approve the home occupation permit for D. Ray and Karen Ellis, 2940 Sawtooth. The motion was seconded by Councilman Loveland. Roll call vote: Hall - Yes; Loveland - Yes; Maeser - Yes. The motion carried. Roger Jones, Branch Manager for Young Electric Sign Company, applied to the City Office for a permit for two signs for the new Albertson's Store. He stated that he was shocked at the sign permit fee quoted to him. Mr. Jones has been in the sign business for a number of years, and he has been manager of this area for about seven months. During his experience, he has obtained many sign permits, but the highest fee he has ever paid is $20 for a plan review and $90 for the permit. When he was quoted $341 for Albertson's permit, he wondered about Ammon's fee structure which is so much more than other cities and counties who charge a flat fee of $20 to $35 regardless of size or valuation. Councilman Maeser explained the fee is computed on the valuation of the sign. Mr. Jones explained other jurisdictions probably use a flat rate because signs do not normally require as much time as the plumbing, electric, heating, foundations, compression tests, and ground drainage permits. Also, on new properties the sign sometimes becomes a part of the building and is included in the original building permit fee. Young Signs wants to be fair, but from their seventy-five years of experience, it seems Ammon's fees are disproportionately set up. The City Council agreed to review the sign permit fee and to make a determination at their next meeting on July 6, 1995. Elaine McGary reported for the Planning and Zoning Commission. A Public Hearing was conducted on June 6, 1995, to consider the request of G.H.G. Investments for a zone change in Trailwood Village from C-l to GC-l to allow Rex Audio/Video Appliance to construct two large warehouses in addition to a retail store. The Planning and Zoning Commission members were concerned about the uses allowed in the GC-l zone and recommended approval of a zone change to CC-l. Another matter of business, Richard Skidmore proposes to develop a portion of the Fox Hollow Sub- division with duplexes. He has obtained building permits for two duplex units. The units under construction have been approved, but he needs to submit a detailed plan for approval before any additional duplex development. Sue Forrest, 3810 Geneva, requested a business license to operate a portable/mobile ice cream machine and sell ice cream cones in the park. Council approval is re- quired for park concessions. Other individuals doing business in the parks have received Council approval and paid a $10 fee. Councilman Loveland moved to approve a business license for Sue Forrest to sell ice cream cones in the park and the license fee is $10. The motion was seconded by Councilman Hall. Roll call vote: Loveland - Yes; Hall - Yes; Maeser - Yes. The motion carried. Mrs. Forrest was asked to be aware to clean up any trash generated in the park. Also, District 7 Health Department needs to approve dispensing of food. 215 June 15, 1995 Attorney Anderson reported he has sent the letter as reviewed and revised by the City Council to Mr. and Mrs. Gene Killian regarding their fence which obstructs the view at Circle S Drive and Midway Avenue. Engineer Benton prepared a sketch to send with the letter to show the property line and the right-of-way line. Regarding the extension of the water line to serve the pre-school under construction on the Suitter property, the attorney and engineer are working out the best way to approach the situation. The approach being drafted amends the annexation agreement signed by First Street Partners and requires the present owners who are successors and have interests from the First Street Partners to affirm the annexation agreement and amend it to the extent that the water line will be put in by the City and the owners will be responsible to pay proportionately to reimburse the City. In order to solve the drainage problem by Quality Water, Michael Jones has requested the City to create a local improvement district to install curb, gutter, and sidewalk by his property. His request involves about 280 feet and one owner. A local improvement district would be a very expensive route to take for one owner. It would be cheaper to get a loan from a bank. Kmart applied for a renewal permit to sell safe and sane fireworks again this year. The Council did not have a problem with renewing the permit provided the Fire Department inspects the operation. Don and Sherry Wood, 544 Airport Road, Blackfoot, Idaho 83221 applied for a permit to sell safe and sane fireworks from a stand in the parking lot of Rush Auto, 2565 East 17th Street, Ammon. There are some details to be worked out prior to issuing a permit. Councilman Hall moved to issued a permit to Don and Sherry Wood to sell safe and sane fireworks at Rush Auto contingent upon showing satisfaction of the Fire Department requirements. The motion was seconded by Councilman Loveland. Roll call vote: Hall - Yes; Loveland - Yes; Maeser - Yes. The motion carried. David Lyman and Craig Hall have requested the City to release the UBC frost wall requirement for the foundation of the storage units under construction on South Ammon Road. The developers are of the opinion that the City authorized the frost wall to be eliminated when the building permit was issued. The plans call for monolithic core construction. The Bonneville County Building Inspector will not approve the construction without a frost wall unless Ammon accepts all responsibility. In discussion with the Mayor, the Engineer, some of the City Council, and other qualified individuals, elimination of the frost wall does not seem to be a real problem since the units will not be heated and will not be used for residential purposes. However, the developers need to sign a release to relieve the City of Ammon and Bonneville County from any responsibility. Councilman Loveland emphatically stated Lyman/Hall should be required to follow the UBC rules like every other builder even if they have to tear out and redo. This is an outright violation of the building code. There was considerable discussion about how to handle the problem since the builder has proceeded and he believes he has permission. It was determined action has already been taken when the Mayor apparently gave his approval contingent upon the completion of a release agreement. Councilman Maeser recommended additional emphasis be placed on compliance with the building codes when a building permit is issued. Councilman Hall and Councilman Loveland requested that the record of the meeting shows failure of David Lyman and Craig Hall to construct with a frost wall is not proper. City of Ammon should require as strict compliance with the building code as we require with the zoning laws. It is too late to reverse the action taken on the frost wall for the storage units, but it is not right. The release agreement must be completed as prepared by our attorney. Engineer Benton reported on the new City Building bid opening. Information received by the architects indicated the bids were coming in considerably higher than the budget amount. Nielsen Bodily & Associates recommended for the good of the City that the bids be returned to the bidders unopened. A work session will be scheduled to go over the specifications to see if some changes can be made. Jay Ellis, 2195 Midway Avenue, commented on the walking path in McCowin Park. He inquired about the City taking action to make all of McCowin Park a perpetual park. The Council was reluctant to make any commitment to bind future Councils. However, they agreed to have the minutes reflect that it is the intent of the present Council to utilize the City property on the north side of Southwick Lane as a park. Mr. Ellis reported he had not yet attended a BMPO Citizens Advisory Committee Meeting. He was advised Sonna Lynn Lewis, Deputy Director, has accepted other employment with the Idaho Department of Transportation. Meetings will probably be scheduled after a replacement is named. Reports: Public Works Director Wadsworth reported the swimming pool has had problems. The water was not clear, and there was a white film on the bottom of the pool. It was necessary to drain the pool and refill it. It is not known what caused the problem, but Great Western Chemical is doing some checking for the City. I I I I I I 216 June 15, 1995 Councilman Hall reported that he will not be at City Council Meeting on July 6, 1995. Councilman Loveland reported on the walking path proj ecL Sod has been removed from the walkway laid out in North McCowin Park. A number of volunteers helped to roll sod. Former Mayor Russell Swensen has really worked to make the walking path happen. Some sod was sold which generated some extra revenue for the proj ect. School district officials have been contact to get their participation, and plans are to layout the walking path into the south part of McCowin Park and along Williams Street and Midway Avenue to make a complete loop. This will make it possible to design the walking path to include a safe path for Hillview School students to use. There is one power pole in the middle of the designated walking path, and Public Works Director Wadsworth was asked to contact Utah Power to see if they can relocate it. The Chamber of Commerce has invited City of Ammon elected officials to ride in the July 4th Independence Day Parade. Claims were approved. Councilman Hall moved to adjourn the meeting, and the motion was seconded by Councilman Loveland. The meeting was adjourned at 8:55 P.M. ATTEST a~ /,!C-; .'} ~./-;tJ) Y'/l~ CITY CLERK v/ - C.'d~~ i/;-C?-<Ui COUNCIL~ PR NT /--.-.-...----- -