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Council Minutes 9/12/2006 (129) I I I 43 July 1, 1993 CITY OF AMMON July 1, 1993 Minutes of the Regular Meeting of the Mayor and City Council: The meeting was called to order at 7:30 P.M. by Council President Greg J. Maeser with the following City Officials present: Council President Greg J. Maeser Engineer David E. Benton Councilman Marvin J. Anderson Public Works Director David Wadsworth Councilman Harvey Crandall Fire Chief Cal Smith Attorney W. Joe Anderson Fire Marshal Robert Farrow City Clerk Aleen C. Jensen Others Present: Yvonne Brown, Brown's House Day Care, 1705 Avocet Drive, Ammon Angie Thiel, 1705 Avocet Drive, Ammon Lance Walker, 3820 Ross Avenue, Ammon Rick and Caralyn Olson, 3050 Backhand Drive, Ammon Bryce and Karen Anderson, 465 Advantage Lane, Ammon Absent: Mayor C. Bruce Ard Councilman Ira K. Hall The Pledge of Allegiance to the Flag was directed by Councilman Anderson, and the invocation was offered by Councilman Crandall. The residence of Rick and Caralyn Olson, 3050 Backhand, is adjacent to Tie Breaker Park. They expressed concern about the park plans, and they are interested in an adequate buffer between them and the park. Since the park is small, they wondered if it is necessary to include a parking area, and they requested the City to postpone establishing it to see how much traffic is generated. They suggested the planned parking area could be planted to grass until a need is recognized. Also, they requested permission to plant some poplar trees on the park property along the hedge and to make a berm with low shrubbery. The poplar trees grow large, and Olsons would plant them at their own expense. It was recognized the park is small, but it was purposely planned to take advantage of the adjacent school property. Public Works Director Wadsworth commented there is a need to follow the plan for the grass area so the sprinkler system can be installed. Karen Anderson, member of the park committee, stated they do not want to exclude the parking area yet. Also, the committee plans to continue and complete the dogwood hedge with neighborhood participation. Mrs. Anderson thought the trees might fit in with the existing plans, but she did not know about the berm. The Council pointed out that the committee has worked hard to develop park plans for the benefit of the community, and any changes need to have committee input and/or approval. The Council agreed to take the Olson's request under advisement and to look at the overall park plan. Olsons expressed a desire to be involved. As requested by the City Council, Yvonne Brown, owner of Brown's House Day Care, 1705 Avocet Drive, attended the meeting to review the status of her operation and to discuss compliance with the City's home occupation permit requirements. Mrs. Brown explained that her day care operates about the same as when she originally met with the City Council to obtain a home occupation permit. She cares for twelve children, it is run like a home, it looks like a home, and it is her responsibility. However, Browns do not live in the home, but Angie Thiel does and she helps to run the day care. The Fire Department received a complaint about Brown's Day Care so Fire Marshal Robert Farrow made an inspection. He filed the following report with the Department of Health and Welfare: I received an anonymous complaint from a client of the Brown's House Daycare that various fire code violations were evident at that location. The Brown's House is located at 1705 Avocet, Ammon, ID and is owned and operated by Yvonne Brown. In the evening of June 3, 1993, I performed an unannounced inspection of the daycare. Ms. Brown was not in town but one of the assistants, Ms. Angie Thiel, was present. Ms. Thiel lived in an apartment in the basement and the rest of the house was unoccupied. The entire ground floor level was used as the daycare. There were two fire code violations: 1. There were two sleeping rooms provided. The windows in each room were similar. The single net clear opening of the windows in each room were 22t" x 2U" which is much smaller than the required 5.7 square feet with a minimum height of 24". The sill height was 56i" with a sill height of not over 44" allowed. 44 July 1, 1993 2. The only fire extinguisher available was in the basement which makes it unavailable if there is a fire on the ground level floor. The extinguisher was a 5 B:C where a minimum of 2A-lOB:C is required. A previous inspection conducted by a Michael McKnight of Fire and Security Systems stated that the entrance and exit doors were smaller than allowed. The doors as measured by me meet the code. The previous Ammon Fire Marshall wrote a letter to Mr. McKnight requesting that he no longer perform fire inspections within the city limits of Ammon. It should be noted that the daycare was very clean and professional in appearance. Since Ms. Brown is not living at the daycare she has been advised to appear before the city council to explain her obtaining a Home Occupancy business license from the city when in fact it is not her occupancy. I If you have any questions or concerns please feel free to call me. My daytime telephone number is 526-2235 and evenings is 522-6704. It was determined that Yvonne Brown's Day Care does not comply with the home occupation requirements, but no decision was reached on what to do about it. The Council wondered if the City of Ammon needs to adopt a Day Care Ordinance. Mrs. Brown was advised the City Council would discuss her operation and decide the best approach. In the meantime, Mrs. Brown was encouraged to work with the Ammon Fire Department to resolve the fire code violations. Attorney Anderson was asked to make some recommendations. Lance Walker, 3820 Ross Avenue, discussed home occupation permit requirements ~nd asked the City Council to determine if he needs to get a permit. Walker is starting a business known as College Academic Scholarship Help to match students up with available scholarships. Most of the business will be conducted by mail, over the telephone, or going out to meet with applicants. There is no problem complying with the home occupation requirements as specified in City Code 11-5- 27H. Councilman Cranall moved to approve a home occupation permit for College Academic Scholarship Help with Lance Walker as the proprietor at 3820 Ross Avenue. The motion was seconded by Councilman Anderson. Roll call vote: Crandall - Yes; Anderson - Yes; Maeser - Yes. The motion carried. Councilman Crandall moved to approve the minutes of City Council Meeting held June 17, 1993, as written. The motion was seconded by Councilman Anderson. Roll call vote: Crandall - Yes; Anderson - Yes; Maeser - Yes. The motion carried. I Council President Maeser reviewed a verbal order/speed letter received from Idaho Transportation Department to explain a change order for Ammon Road Proj ect STP- M-7436(001). The message follows: The following is an estimated summary of the granular borrow usage on the Ammon-Lincoln Rd project and justification for the over run. There are two primary areas were the over run occurred: 1) The existing ditch that was replaced by the 48" pipe was back filled with granular borrow instead of natural soil to avoid settle- ment and soft spots in the roadway. 2) All the areas that had to be excavated for placement of water- lines, storm sewer and irrigation lines had to be back filled with granular borrow to avoid settlement and soft spots in the roadway. GRANULAR BORROW OVER FUN JUSTIFICATION LOWER WATER LINES WATER SERVICE LINES WATER SERVICE LINES WATER SERVICE LINES IRRIGATION LATERALS ROADWAY 48" IRR. PIPE 5*5 5*6 5*6 5*6 5*8 2.55*64 2415 526 387 180 7746 5600 2236 584 430 200 11476 33849 3700 967 712 331 18990 56013 35000 I LOCATION EXCAVATED AREA LENGTH C.Y. TONS ESTIMATED GRANULAR BORROW QUANTITY CONTRACT QUANTITY QUANTITY TO DATE ESTIMATED FINAL QUANTITY ESTIMATED COST INCREASE ESTIMATED COST TO THE CITY OF AMMON 115713 70818 106788 115522 $139,307.00 $10,225.13 I I I 45 July 1, 1993 The State Transportation Department will prepare a change order on the borrow over run for the Mayor's approval. The City Council discussed problems being encountered that were not addressed in the original plans. The Ammon Road project is progressing, and the contractor is almost ready to pour curbs, gutters, and sidewalks. Councilman Anderson stated that he had received a complaint about the water puddle being created at Central and Molen where the water trucks are filled. A change of location was recommended for filling the water trucks. Sessions Management has been asked to submit an offer on the Well No. 7 property. If and when a proposal is received, the City Council will determine if the offer is sufficient to justify proceeding with legal requirements involved in the sale of City property. Dennis Austad is interested in purchasing the property north of Circle K and Carl Gray Tires off East 17th Street to develop storage units. He does not want to sign an option until the City releases the unrecorded deed which dedicates road right-of-way. He has submitted an architrctural drawing to show his tentative plans, but replatting or plat amendment is required to change the presently platted access/accesses. Attorney Anderson advised it is necessary for Austad or the owners to submit a proposal to the City Council for them to act on. So far the only interest is to destroy the deed. However, the City must take proper steps to vacate the right-of-way established by the deed. If the City Council feels the proposal is acceptable, Mr. Austad could be given assurance that, if he satisfies the required procedures, the City will invalidate the deed. It was recommended that Mr. Austad contact Engineer Benton for details on how to proceed. (The property is located in the Monty Howell Addition Division No.2.) ~ttorney Anderson reported that he had discussed our flood plain ordinance with Steve Serr, Bonneville County Planner. He has drafted an amendment to the ordinance which provides for the use of the exhibit to show construction details. According to Serr's understanding from FEMA, if we have the exhibit as part of our ordinance, then as an inspector he can give his approval that the house/basement meets the diagram and we don't need an engineering certification. Attorney Anderson was instructed to proceed with preparation of the amendment. Discussion was continued from last meeting regarding a letter received from the Department of Labor and Industrial Services regarding House Bill 193 which establishes a requirement for all cities and counties that have adopted a building code to establish a permit process and provide inspections for all on-site . installations of mobile/manufactured homes. Attorney Anderson advised the bill shifts responsibility to the cities for inspections previously done by the Department of Labor or some other department. Our present ordinance and building code gives us enough authority as far as moving on any building. However, we do not have any regulation or fee set up for the installation of it. One solution would be to amend our ordinance to provide for installation and procedures for installation inspections or another solution would be to adopt a resolution saying we have enough authority in the building code and to provide a fee for installations. Attorney Anderson was instructed to prepare a resolution to present at the next meeting. Reports: Councilman Crandall commented on his discussion with a representative of the State Transportation Department regarding Ammon Road. Councilman Anderson reported the merry-go-round has been installed in Falcon Park, and the children are enjoying it. A plaque has been obtained to recognize the donation by the McCowin family of the shelter in North McCowin Park. Vandalism was reported in Peterson Park. Three boys aged ten were taking the shingles off the park restroom roof, and a neighbor reported the incident to the Bonneville County Sheriff. An officer arrived on the scene quickly, and he was instructed to prosecute the boys. Fire Chief Cal Smith reported for the Fire Department. Engine No. 1 had a problem, and it has been repaired. Fire Marshal Robert Farrow discussed traffic and speeding problems on Ross Avenue. He recommended increased Sheriff's Office patrol until Ammon Road is completed. Council President Maeser suggested the City consider widening Ross Avenue when maintenance is done. Four permits to sell safe and sane fireworks have been issued. Fire Marshal Farrow expressed a problem with three of the establishments selling fireworks before their licensing was complete. This was due to misunderstanding between the applicant, the Fire Department, and the City Office. Procedures will be reviewed so the applicant can be given better instructions in the future. Fire Marshal Farrow expressed concern about enforcing Fire Department regulations. Considerable discussion followed on correct procedures, citation authority, types of citations to issue, a fine and/or bond schedule, and the right to be heard by Magistrate Court. Attorney Anderson agreed to do some research and to recommend an infraction fee schedule comparable to that of the Court. it was suggested the recommendation include all matters handled locally. 46 July 1, 1993 Since the area will be celebrating July 4th during this week, fireworks policies were discussed. Requests for permits for public display or complaints on violations will be handled individually. Fire Chief Smith reported that the specifications for a new fire truck are ready to advertise for bids. He requested advertising to be completed so the bid opening date can be set for July 30, 1993, at 2:00 P.M. Public Works Director Wadsworth reported Bonneville County will not be able to complete widening of Sunnyside Road through Ammon this fall. The County suggested we also delay our seal coating until spring, and they will put Ammon on top of the list for a spring date. The City surp1used a garbage truck last year and advertised it for sale by bid. I However, the truck was not sold. A party is now interested in it, and Public Works Director Wadsworth asked if we could accept a reasonable offer or if we would need to rebid. Attorney Anderson advised we could probably go ahead and sell provided we got an offer acceptable to the City Council. Halls, who are building the convenience store on the corner of East 17th Street and Ammon Road have requested another access off Ammon Road closer to East 17th Street because gasoline trucks say they can't get in and out. It has been the City's intent to limit access and Halls should continue with their original plans. The soccer association has requested permission to install some permanent goal posts in South McCowin Park west of the swimming pool. They have been using the area with temporary goals. They will maintain. No one recognized a problem with the request. Public Works Director Wadsworth suggested they make a donation to the City to help increase the parking area. One of the garbage trucks received an overweight ticket. It was 8100 1bs. overweight. The City needs to look at adding another axle under the trucks or using an extra truck. The trip permit was $50 to go around the corner to dump, and the citation bond was $67.50. Well No.7 was turned on today. Albertsen's have requested forms to apply for a rezone of property in the Eastgate Shopping Center area. Claims were approved. I Councilman Crandall moved to adjourn the meeting, and the motion was seconded by Councilman Anderson. The meeting was adjourned at 9:30 P.M. ATTEST {L~C? Q~ CITY CLERK ~ /' /~ZtZ(/.1e'1 COUNCIL~ E NT ~ I