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Council Minutes 9/12/2006 (187) I I I Book 7-213 May 4, 1989 CITY OF AMMON May 4, 1989 Minutes of the Regular Meeting of the Mayor and City Council: The meeting was called to order lowing City Officials present: Mayor C. Bruce Ard Councilman Michael B. Browning Councilman Greg J. Maeser Councilman Monty A. Nethercott Councilman Robert D. Williamson at 7:30 P.M. by Mayor C. Bruce Ard with the fol- Attorney W. Joe Anderson Engineer David E. Benton Public Works Director Tye N. Tomchak Fire Chief Henry S. Crumb City Clerk Aleen C. Jensen Others present were: Keith L. Austin, 3485 Rich Lane Marcia Snowden, 805 Matchpoint Drive Scott Gray, 1630 Valvista Circle, Idaho Falls, Idaho Leslie Gray, 755 Cedar, Shelley, Idaho Rick Gray, 1304 Mojave, Idaho Falls, Idaho Kendall Christensen, West River Road, Blackfoot, Idaho Byrle G. Walker, 3460 Ross Avenue Ed Wright, 1905 Eagle Drive (Ammon Volunteer Fire Department) Norman and Allen (Scout) Wheeler, 3275 Rawson Street Melvin M. and Dixie Richardson, 3725 Brookfield Lane The pledge of allegiance to the flag was directed by Councilman Browning, and the invocation was offered by Mayor Ard. Marcia Snowden, 805 Matchpoint Drive, requested a home occupation permit for a preschool. Seven children have been enrolled, and there is a potential for ten children. The preschool will meet two hours per day on Tuesdays, Wednesdays, and Thursdays. Most of the children live in the neighborhood, so there will not be a traffic problem. Snowden's home has adequate entrances and exits. The applicant agreed to the conditions outlined in the Zoning Ordinance, Chapter 11, Section 5-27-H. Councilman Browning moved to grant a home occupation permit for a preschool to Marcia Snowden, 805 Matchpoint Drive. The motion was seconded by Councilman Nethercott. Roll call vote: Browning Yes; Nethercott Yes; Williamson - Yes; Maeser - Yes. The motion carried unanimously. Keith L. Austin, 3485 Rich Lane, requested a home occupation permit for a small engine repair shop. Repairs will be made in the garage, and Mr. Austin agreed to the conditions outlined in the Zoning Ordinance, Chapter 11, Section 5-27-H. Councilman Maeser moved to grant a home occupation permit to Keith L. Austin, 3485 Rich Lane, for Austin's Small Engine Repair. The motion was seconded by Councilman Browning. Roll call vote: Maeser - Yes; Browning - Yes; Nethercott - Yes; Williamson - Yes. The motion carried unanimously. Scott, Leslie, and Rick Gray of Carl Gray Tires and Kendall Christensen, Contractor, discussed plans to construct a 40' x 100' commercial building on the property located at the Northeast corner of the intersection of Hitt Road and East Seventeenth Street. There will be no open storage. Storage items will be handled at their other facilities. The Planning and Zoning Commission reviewed the plans at their meeting on May 2, 1989. They recommended approval subject to a dedicated fifty-foot street to run L-shaped from East Seventeenth Street in a North/South direction between Rush Auto and Circle K to the back of the Slusser/Gray property and thence in an East/West direction to exit on Hitt Road. The property owners are willing to dedicate such a street. Water and sewer lines are stubbed to the property from East Seventeenth Street. Storm drainage has not been installed but gravelly soil would allow French drains, and Sand Creek is nearby. Engineer Benton explained how the plat fits in with adjacent property. The placement of the building on the lot was discussed. Since the property was once used as a dump site, the developers are obtaining soil tests. The City of Idaho Falls has not reviewed and approved the plat, and they have expressed some obj ection. A development agreement should be completed to outline the street specifications, curb and gutter requirements, and any other development details deemed necessary. Councilman Williamson moved to approve the proposed development for Carl Gray Tires subject to confirmation from the City of Idaho Falls on the actual location of the dedicated street entering Hitt Road. The motion was seconded by Councilman Browning. Councilman Maeser called for discussion on the motion. Roll call vote: Williamson - Yes; Browning - Yes; Nethercott - Yes; Maeser - Yes. The motion carried unanimously. Public Works Director Tomchak was assigned to take the plat to the City of Idaho Falls for their review. Byrle G. Walker, 3460 Ross Avenue, presented a plat for Walker Subdivision. Mr. Walker proposes to develop the West portion of his property to allow his son to build a house facing the undeveloped Nina Street. According to the City Code 11- 5-10, "At least one side of each lot used as a dwelling site shall abut upon a street which has been deeded, dedicated or abandoned to the public for street purposes, and the length of such abutting side shall be at least as great as the 214 May 4, 1989 width required for dwelling sites in the zones in which said building site is located." The property is zoned R-l. Although the owner platted his property as required by the City, he does not want to go to the expense of street development or curb and gutter. He wants to keep development to a minimum, and he is interested only in accessing a building lot for his son. The Planning and Zoning Commission recommended approval of the plat, however, the City Council expressed concern that the owner is asking the Council to approve a subdivision but he does not want to develop a subdivision. Councilman Williamson moved to deny the preliminary and final plat for Byrle Walker, Walker Subdivision, without the full intention of the owner/developer to upgrade Nina Street as shown on the plat. The motion was seconded by Councilman Maeser. Roll call vote: Williamson - Yes; Maeser - Yes; Nethercott - Yes; Browning - Yes. The motion to deny carried unanimously. Melvin M. Richardson, 3725 Brookfield Lane, explained that his house is situated I on a lot which is 212 feet wide. It has become difficult to control the weeds and maintain such a large lot so they propose to divide it. There is a problem because of a circular driveway which does not allow two lots to each have 100' frontages as required in the RPA Zone. Richardsons presented a plot plan which proposed one lot of 112.44 feet and one lot of 100.00 feet with an easement for the driveway. The Planning and Zoning Commission recommended approval of the property division with the stipulation that, when the building permit is issued to the new owners of the divided portion, a legal description for that parcel be presented. Councilman Maeser moved to approve the property division for Melvin Richardson as presented. The motion was seconded by Councilman Browning. Roll call vote: Maeser - Yes; Browning - Yes; Nethercott - Yes; Williamson - Yes. The motion carried unanimously. Councilman Browning moved to approve the minutes of City Council Meeting held April 20, 1989, as written. The motion was seconded by Councilman Nethercott. Roll call vote: Browning - Yes; Nethercott - Yes; Williamson - Yes; Maeser - Yes. The motion carried unanimously. Councilman Nethercott moved to approve the minutes of the Special Meeting of the City Council held on April 27, 1989, as written. The motion was seconded by Councilman Williamson. Roll call vote: Nethercott - Yes; Williamson - Yes; Maeser - Yes; Browning - Yes. The motion carried unanimously. The Farmers Home Administration Discount Purchase Program has been scheduled for I closing on Monday, May 8, 1989, at the main office of West One Bank. Finalizing details were discussed. Fire Chief Henry S. Crumb and Fireman Ed Wright discussed with the Mayor, the City Council and the City Attorney the fire code requirement for installation of a fire supression system in the Skidmore Construction and Millwork Inc. office/shop building located at 3445 Maiben Avenue. On March 21, 1989, following an inspection of the building, James D. Walker, Ammon Fire Marshal, issued to Skidmores a Notice of Violation of Section 10.308(a) and 10.308(f).3. of the 1985 Uniform Fire Code. On March 29, 1989, Richard T. Skidmore addressed a letter to the City of Ammon stating that he wished to appeal under Section 2.302 of the Uniform Fire Code. No action has been taken pending a determination of the proper procedure. Attorney Anderson stated that the appeal procedure is proper under the Ammon City Ordinances concerning the Fire Code. This procedure gives the party feeling aggrieved by a citation of the City Fire Marshal, the right to appeal to the City Council. He also stated that the state law gave concurrent jurisdiction to municipalities and the state for the enforcement of fire codes, and that, in his opinion, while one procedure was pending, the other jurisdiction could not pursue enforcement under the concurrent jurisdiction. The Council, in discussion, felt that the adoption by the City of the 1971 Uniform Fire Code, without a provision for the updating of amendments or supplements gave some doubt as to the alleged violation being a violation under the 1971 Code. I Chief Crumb stated that, by Idaho law, all officials of a municipal fire department were constituted as deputy or assistant state fire marshals to assist in the enforcement of the state fire code. He felt strongly that the only code he could enforce was that adopted by the State as it was a later code than that adopted by the City. Attorney Anderson suggested there was some doubt about the applicability of the 1971 Uniform Fire Code as adopted by the City Ammon and that with such doubt it may be appropriate to dismiss the action before the City of Ammon, and then, if the state officials felt that it was appropriate to take come action, that would be up to them, and the City would not be involved. Book 7-215 May 4, 1989 Whereupon, after the full discussion, the following motion was made by Councilman Browning and seconded by Councilman Maeser: RESOLVED: That the action pending before the City of Ammon of a violation issued by James D. Walker, Ammon Fire Marshal, to the Skidmores of violation of Section lO.308(a) and 10.308(f).3 of the Uniform Fire Code, which was appealed to the City Council by Richard T. Skidmore, by letter dated March 29, 1989, be dismissed. The Mayor called for a roll call vote resulting as follows: I Councilman Browning Yes Councilman Williamson Yes Councilman Nethercott Yes Councilman Maeser Yes The Mayor thereupon declared the motion passed and that the citation issued by Fire Marshal James B. Walker to the Skidmores for a violation of the Uniform Fire Code is dismissed. The "Idaho Is Too Great To Litter" Cleanup Day has been scheduled for Saturday, May 6, 1989. The City crew will report for work at 8:00 A.M. on that date, and they plan to canvass the City throughout the day to collect trash. The employees who work will be given another day off. The Council discussed what to do about operation of the Ammon Swimming Pool for the 1989 season. No one has expressed interest in leasing the pool, however, a number of people would consider a manager's job. Councilman Nethercott was authorized to seek a manager and to review the budgeted funds for a recommendation on how to handle the operational expenses. Regarding street sweeping, bids are being solicited from Arrowhead Machinery and Phillip Hentschel to contract for an initial sweeping of the streets. Additional sweeping can be considered with the chip and seal project. I Michael Nye of Utah Power and Light Company contacted Mayor Ard to see if the City is interested in their street light purchase program. Public Works Director Tomchak agreed to survey the existing lights and make recommendations for adding or eliminating lights before the City enters into a purchase agreement. Reports: Public Works Director Tomchak reported that the L.D.S. Church has let bids to H-K Contractors for the parking lot improvements at the Ammon First and Ammon Fifth Wards Building, and they are ready to begin work. Well No.5 has finally been adjusted correctly. Well No.7 will be turned on after the meter has been read, and Well No.3 repairs have been completed. Complaints have been received about the unsightly and unsanitary way Levi Clements, 3060 Rawson, maintains his property, and action needs to be initiated. The ditch cleaning crew is almost finished, and road patching is underway. Attorney Anderson and Councilman Maeser have been working on a vicious dog ordinance and an amendment to our existing dog ordinance. They requested direction from the Council about whether to prohibit known breeds of vicious dogs or whether to leave it in a general language and say those dogs known to have vicious propensities or presumed to be vicious. Attorney Anderson interpreted that the intent of the Council is to include specific breeds of visious dogs and to strengthen our existing ordinance for better control. The City Office was instructed to follow the City Code 6-3-4 "If the license fee is not paid by January 31 of each year, the fees shall be double." The procedure for handling citations is a policy decision and the individual cited can either post bond at the City Office or appear in Magistrate Court. I Engineer Benton discussed the well operations and the adjustments to Well No.5. The well has not been thoroughly adjusted since 1979. It would be advisable to put the generator into an inside situation. Councilman Maeser reported the Fire Department submitted their grant application to Consolidated Hospital Corporation. Grants will be awarded in mid June. Blue Cross Insurance has advised the City that the premium costs are being increased as of June 1, 1989. The Council would like to discuss the increase with a company representative. Any discrepancies in the City Code should be noted so they can be corrected. The money paid to Hansens for watering in Peterson Park should be charged to salaries. Claims were approved. 216 May 4, 1989 May 18, 1989 Councilman Williamson moved that the meeting be adjourned. The motion was seconded by Councilman Maeser. The meeting was adjourned at 10:00 P.M. UA~ ATTEST M~,J (!,~~,pJ CITY CLERK t/ CITY OF AMMON May 18, 1989 I Minutes of the Regular Meeting of the Mayor and City Council: The meeting was called to order lowing City Officials present: Mayor C. Bruce Ard Councilman Michael B. Browning Councilman Greg J. Maeser Councilman Monty A. Nethercott Councilman Robert D. Williamson at 7:30 P.M. by Mayor C. Bruce Ard with the fol- Attorney W. Joe Anderson Engineer David E. Benton David Wadsworth, Public Wks. Dept. City Clerk Aleen C. Jensen Others present were: Rick Gray, 1304 Mojave, Idaho Falls, Idaho Kerry Arnold, 665 Matchpoint Drive, Ammon, Idaho Kendall Christensen, West River Road, Blackfoot, Idaho Clea Fullmer, 2705 Sawtooth, Ammon, Idaho VerI Terry, 2205 South Rimrock Drive, Idaho Falls, Idaho Rodney Jenks, Wapiti Realty Absent: Public Works Director Tye N. Tomchak The pledge of allegiance to the flag was directed by Councilman Maeser, and the invocation was offered by Councilman Nethercott. Kerry Arnold, a member of the Architectural Control Committee for Tie Breaker I Village, represented the residents of that area to request a stop or yield sign be placed on the access road (Forehand Street) into Tie Breaker Drive from the new elementary school. There have been a number of near accidents, and a sign is necessary to insure safety. The Council discussed whether or not they needed a recommendation from the Traffic Safety Committee or an engineering study in order to act on the request. Attorney Anderson advised the Council could act if it was determined a safety situation existed. Councilman Williamson moved, based upon the evidence presented, that a hazardous situation exists at Tie Breaker Drive and Forehand Street, and the Public Works Director should be instructed to install a stop sign at that location. The motion was seconded by Councilman Maeser. Roll call vote: Williamson - Yes; Maeser - Yes; Nethercott - Yes; Brown- ing - Yes. The motion carried unanimously. Clea Fullmer, 2705 Sawtooth, requested a home occupation permit to conduct a wedding decoration service from her home. Mrs. Fullmer would be booking weddings at her home, and the actual service would be performed at the place of the wedding or reception. Traffic would be minimal, and no sign is planned at this time. Mayor Ard advised that, if a sign was erected, it should meet the requirements outlined in the City Code. Councilman Nethercott moved to grant a home occupation permit to Clea Fullmer, 2705 Sawtooth, for a wedding decoration service. The motion was seconded by Councilman Maeser. Roll call vote: Nethercott - Yes; Maeser - Yes; Williamson - Yes; Browning - Yes. The motion carried unanimously. Rick Gray represented Carl Gray Tires to discuss the progress on their plans to construct a commercial building on Lot 1, Block 5 of Monty Howell Addition, Division No.2. Grays have been discussing the access on to Hitt Road with the engineer for the City of Idaho Falls. Idaho Falls wants the access four hundred (400) feet north of the intersection of East Seventeenth Street and Hitt Road rather than the two hundred fifty (250) feet originally planned. Grays do not own the property four hundred (400) feet north so they want permission from the City of Ammon to begin construction with an access only on East Seventeenth Street. Grays will continue to work with Idaho Falls and the other property owner to access on Hitt Road. Councilman Williamson moved to allow Carl Gray Tires a permit to build with only an access on to East Seventeenth Street. The motion was seconded by Councilman Browning. Roll call vote: Williamson - Yes; Browning- Yes; Nethercott - Yes; Maeser - Yes. The motion carried unanimously. Kendall Christensen, contractor, asked if the materials could be ordered and the pile driving lined up pending the issuance of the building permit when Public Works I