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Council Minutes 04/16/1992 I I I Book 7-423 April 16, 1992 CITY OF AMMON April 16, 1992 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 Ira K. Hall 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: Richard and Colleen Birch, 2865 South Ammon Road, Ammon Craig Tibbitts, BSA Troop 12, Leader Boyd Stewart, BSA Troop 12, Leader Brian Cleveland, BSA Troop 12, Scout Justin Jorgensen, BSA Troop 12, Scout Tim Pulley, BSA Troop 12, Scout Sheridan Summers, BSA Troop 12, Scout Elaine Peterson, 3780 Georgia Lane, Aumon Margaret Simpson The Pledge of Allegiance to the flag '07dS directed by Councilman Anderson, and the invocation was offered by Councilman Crandall. The Scouts were welcomed and intro- duced. Elaine Peterson, 3780 Georgia Lane, requested permission to operate the Malibu Shaved Ice shack in the swimming pool parking area beginning May 18, 1992. She proposed the following: We will pay the City of Ammon a total of $560 for utilities and rent. This amount will be paid in two payments of $280. We will be open Monday--Saturday, the same days as the pool. As we did last year, we will have a certified electrician inspect all electrical work before we open to insure safety. A large garbage can will be placed next to our shack for trash. Our employees will be instructed to pick up litter at the end of each shift. Councilman Crandall moved to accept the proposal of Elaine and Loren Peterson to operate Malibu Shaved Ice at the swiEning pool, and he instructed them to obtain a renewal business license at the City Office for a fee of $10. The motion was seconded by Councilman Maeser. Roll call vote: Crandall - Yes; Maeser - Yes; Hall - Yes. The motion carried unanimously. Councilman Anderson had not arrived at the meeting when the motion was made and acted on. Lynn Goldman, new owner, requested clarification of the easement on the property at 3685 Wa!lda Street which was entered into April 7, 1977, by O. R. "Bud" and Norma Birch with the City of Ammon. Mr. Goldman wants to pave the street by his house in the turnaround area, and he needs to know what the easement will allow him to do. Engineer Benton explained the easement is temporary until such time as Wanda Street is extended to Ammon Road, and he read portions of the easement agreement. Since Mr. Goldman was not present, the Council asked Engineer Benton to meet with him to answer questions and to clarify the agreement for him. Richerd and Colleen Birch, 2865 South Ammon Road, explained to the Council that they want to build a home and have a home based furrier business. They own two acres of property and plan to build on the south half. Richard reviewed his plot plan, and he showed house pictures. He proposes to build a log house with a breezeway and a garage for a total of 5728 feet. Their home business will utilize 1432 feet. The front of the garage will be used for the business, and driveway will extend around the side with the entrance to the garage from the back. The family operated business will consist of making, repairing, and altering fur and leather coats plus a cold storage area for furs. Mr. and Mrs. Birch understand the property is zoned R-l, residential, and should maintain a residential appearance and not be developed commercially. The plans were reviewed by the Planning and Zoning Commission (Refer to the P&Z minutes of April 7, 1992). Public Works Director Wadsworth explained that Birches want to build in steps as they can afford it, and they want to live in the basement as they build. The Planning and Zoning Cormnission requested that the Bonneville County building inspector determine when the home is complete enough for occupancy. The Council advised that when the structure is built to meet the proper occupancy requirements, they will act on the home business permit. The home business should never occupy more than 25% of the 424 April 16, 1992 completed portion. Therefore, the business will grow as the home is completed. Building permit costs were discussed, and Birch asked if he could buy his permit in phases as he built. The Council did not object. Councilman Maeser moved to approve the minutes of City Council Meeting held April 2, 1992, as written. The motion was seconded by Councilman Hall. Roll call vote: Maeser - Yes; Hall - Yes; Anderson - Yes; Crandall - Yes. The motion carried un- animously. Regarding Ammon Road, a representative of Forsgren and Associates is working on the right-of-way acquisitions. The home occupation permit ordinance is ready for action. Attorney Anderson advised that it would require two hearings, one before the Planning and Zoning I Commission and one before the City Council. It was recommended that the hearings be held in conjunction with some other action. Spring Cleanup is scheduled for Saturday, May 2, 1992. It was recommended that the City Office get some advance publicity out to notify the residents. Horace Smith left notification for Mayor Ard that Fred Karford did not purchase the property planned for development as Ammon Meadows. Engineer Benton advised that the property has been purchased by Jay Johnson. Johnson intends to continue development of Ammon Meadows using the same plans initiated by Karford, and he will be working with Benton Engineering. A building permit application will be submitted to the City of Ammon by Mr. Johnson to build the first house for himself on Cabellaro Drive adjacent to the last house completed in Westwood Addition. There was discussion on what action is needed before a building permit can be issued to Johnson. Karford was instructed that the development agreements were to be completed prior to issuance of a building permit. Action is pending receipt of specific instructions and commitment from the new developer. Councilman Anderson and Councilman Crandall agreed to work together to make recommendations concerning a swimming pool manager. Sherrill Bohn, 2085 Midway, telephoned Mayor Ard to a cultural arts/recreational activity during July. symphony orchestra, chorus, gymnastics and/or dance. a facility to conduct the program and a registration needed before any commitment can be made. request City participation in The program would include She expressed interest in place. More information is I Reports: David Wadsworth reported for the Public Works Department. The Council discussed sandblasting the swimming pool to remove the paint layers and get down to the original finish. The cost is estimated at $2800. Engineer Benton suggested testing an area to determine if sandblasting would achieve the desired results. Councilman Anderson and Councilman Crandall were authorized to make the decision on whether or not to sandblast. They authorized Public Works Director Wadsworth to negotiate for the sandblasting. The new garbage truck has been delivered, but it is in Pocatello for undercoating. The crew has been working on the 'City's right-of-way areas to level them and clean them up. Ditch cleaning and street sweeping are in progress. At the meeting of the BMPO Technical Committee, road projects were outlined. Attorney Anderson reported that Intermountain Construction did not accept the settlement offer on their tort claim against the City over fees charged for South Bonneville Junior High School and Tie Breaker School building permits. They have filed an appeal which Attorney Anderson is responding to. E. O. Rodeffer has responded regarding the annexation of his property on Hitt Road which is adj acent to the Ricks property. Annexation on the Ricks property was completed with Ordinance No. 227 passed March 19, 1992. Attorney Anderson introduced Ordinance No. 228, Rodeffer Annexation, by title, AN ORDINANCE ANNEXING I CERTAIN LANDS TO THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO; DESCRIBING WITH PARICULARITY SAID LANDS TO BE ANNEXED AND HEREBY ANNEXED AND DECLARING SAID LANDS A PART OF THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO; DETERMINING THE PROPER ZONING FOR CLASSIFICATION OF THE ANNEXED LANDS AND TERRITORY UNDER THE ZONING ORDINANCE OF THE CITY OF AMMON, IDAHO; PROVIDING FOR AN EFFECTIVE DATE FOR THIS ORDINANCE AND OF THE ANNEXATION OF SAID LANDS. Councilman Maeser moved that the City Council dispense with the rule requiring the reading of Ordinance No. 228, Rodeffer Annexation, on three different days and that the three readings be waived. Councilman Crandall seconded the motion. Roll call vote: Maeser - Yes; Crandall - Yes; Hall - Yes; Anderson - Yes. The motion carried unanimously. Ordinance No. 228 was again read by title and read in full. I I I Book 7-425 April 16, 1992 Councilman Maeser moved to adopt Ordinance No. 228 as an ordinance of the City of Ammon on its third and final reading. The motion was seconded by Councilman Crandall. Roll call vote: Maeser - Yes; Crandall - Yes; Hall - Yes; Anderson - Yes. The motion carried unanimously. Councilman Maeser attended the last meeting of BMPO. Basically the meeting was concerned with getting the program in operation. The City of Ammon's financial obligation to the organization is $1502. Councilman Crandall moved to authorize the City Clerk to pay Ammon's share to BMPO. The motion was seconded by Councilman Hall. Roll call vote: Crandall - Yes; Hall - Yes; Maeser - Yes; Anderson - Yes. The motion carried unanimously. Councilman Maeser inquired about our standing with CART. The Council was uncertain about the status, and further discussion is necessary. Employee Clarence Nelson has quit the City and accepted other employment. This leaves us without an Animal Control officer. Applications are being accepted for a replacement. Councilman Maeser called attention to the matter of prayer in public meetings which has become an issue in several areas. He wondered if it isn't time for Ammon to make some decision about prayer at the beginning of City Council Meeting before the Council is confronted. The Council expressed mixed feelings, but they agreed to keep the matter low-key. Councilman Anderson expressed strong support to continue prayer. Councilman Maeser favored asking individuals outside of the Council and from different denominations to offer prayer if it is continued. Councilman Maeser assumed the responsibility to obtain community input and report back to the Council. City Clerk Aleen Jensen called attention to calendared events--AIC Budget Workshop on April 21, Arbor Day on April 24, and Idaho Railroad Crossing Safety Awareness Week. A business license has been issued to Robert and Donna Webster for their shaved ice stand. Mala Lyon has applied for a renewal license to operate her backyard concession in Peterson Park. Mrs. Lyon asked if the Council would waive the $10 fee since she and her family have faithfully picked up the litter from their stand and other sources throughout the park. The request was denied because all similar stands are expected to be involved in litter control. Following discussion on fair labor standards, the Council approved payment to Clarence Nelson for vacation pay. Claims were approved. Councilman Crandall moved to adjourn the meeting, and the motion was seconded by Councilman Maeser. The meeting was adjourned at 9:05 P.M. CLD MAYOR ATTEST ~ (l J-~ CITY CLERK