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Council Minutes 9/12/2006 (170) 199 April 6, 1995 CITY OF AMMON April 6, 1995 Minutes of Public Hearings and Regular Meeting of the Mayor and City Council: The meeting was called to order at Street, Ammon, Idaho, by Mayor C. present: MayorC. Bruce Ard Councilman Harvey Crandall Councilman Ira K. Hall Councilman Steven J. Loveland Councilman Greg J. Maeser 7: 30 P.M. at the City Building, 3270 Molen Bruce Ard with the following City Officials Attorney W. Joe Anderson Engineer David E. Benton Public Works Director David Fire Marshal Robert Farrow City Clerk Aleen C. Jensen Wadsworth Others Present: Kary1 Jinkins, representative of Golden Eagle Sales, 2295 Bittern Drive, Ammon Delwin R. Allsop, 3255 Rawson Street, Ammon George III and Peggy Watkins, 2155 Midway Avenue, Ammon Robert Loveland, 2795 Romre11 Lane, Ammon Randy Skidmore, Skidmore Construction Dr. and Mrs. Craig Z. Hall, 5502 South 9 East, Idaho Falls Jay T. and Sally Ellis, 2195 Midway Avenue, Ammon Eldon D. Harker, 1344 Elizabeth Drive, Idaho Falls Stan Ingram, 3375 Southwick Lane, Ammon Richard Skidmore, Skidmore Construction Larry Carlson, City Councilman from City of Idaho Falls Sonna Lynn Lewis, Deputy Director BMPO Theone Smith, 2150 South Ammon Road, Ammon I The Pledge of Allegiance to the Flag was directed by Councilman Crandall, and the invocation was offered by Councilman toveJahd. Mayor Ard opened the Public Hearing of the City Council acting as the Board of Adjustments to consider the request of Dr. Craig Z. Hall for a conditional use permit to determine whether storage units are a similar use and in harmony with the objectives and characteristics of the C-1 zone for property directly south of Legends Convenience Store on South Ammon Road. I Notice of the Public Hearing was published in the Post Register on March 21 and 28, 1995. A hearing notice was posted in the City Office, and property owners within three hundred feet (300') were mailed notices. There were no parties in interest present to give input for or against. The Planning and Zoning Commission considered the request at their meeting on March 7, 1995. They recommended approval of the site plan and recommended the City Council make a determination if the proposed facility is a suitable use because the zoning ordinances do not specifically address storage units. They further recommended restricting the access on Ammon Road. Dr. Hall was sworn in to give testimony, and he explained the proposed plans. A letter from Mike Armstrong was read. Mr. Armstrong is owner of the two apartment buildings south of the proposed project. The letter expressed approval because the proj ect is more desirable than most commercial proj ects based on extremely low traffic flow, no on site employees, and it would act as a buffer between the apartments and the convenience store located on the corner. Councilman Maeser explained that he did not have a problem with it being consistent with the C-l zone and the impact is less than many other things the C-1 zone will allow. The main reason for going the route of a conditional use permit is because of the change in the landscape buffer and for the protection of both properties and property owners involved. Plans provide for a nineteen foot (19') landscape buffer on the south side of the Hall property. Mayor Ard closed the Public Hearing. Councilman Maeser moved for a two part motion: The City Council acting as the Board of Adjustment finds that the storage units as proposed would be a similar use and in harmony with the objectives of the C-l zone and that a conditional use permit be approved for Craig Z. Hall on property south of Legends on South Ammon Road. The motion was seconded by Councilman Crandall. Roll call vote: Maeser- Yes; Crandall - Yes; Loveland - Yes; Hall - Yes. The motion carried unanimously. I Mayor Ard opened the Public Hearing of the City Council acting as the Board of Adjustments to consider a conditional use permit to allow a City Office Building to be built on property along the east side of South Ammon Road between Brookfield Lane and the Ammon LDS Stake Center. Notice of the hearing was published in the Post Register on March 21 and March 28, 1995. Property owners within three hundred I I I 200 April 6, 1995 feet (300') were mailed Notices of Hearing. Jay T. Ellis and George Watkins III were sworn in by Mayor Ard to give testimony. Councilman Crandall advised that he had discussed the proposed new location with some of his neighbors, and he did not find any objections. Jay T. Ellis stated the proposed new site is a very good location. There were no other comments for or against. The City has purchased the South Ammon Road property from Jay Johnson. Mayor Ard closed the Public Hearing. Mayor Ard called for comments from the Council regarding location of the new City Office Building on South Ammon Road instead of in North McCowin Park. Councilman Crandall declared conflict of interest because he is an adjacent property owner to the South Ammon Road site, but his unofficial opinion is the choice is great. Councilman Hall commented that the only drawback is spending $65,000 plus that did not need to be spent. Otherwise, it is a good location that can be developed very well. Councilman Loveland expressed approval of the new location. Councilman Maeser stated he had heard positive comments other than the extra cost. The Planning and Zoning Commission were positive except they attached the same stipulations that there be no commercial, no equipment storage, and no shop. Councilman Maeser moved to approve the Conditional Use Permit as requested to allow a City Office Building to be built on the property zoned R-2 between the Ammon LDS Stake Center and Brookfield Lane on South Ammon Road. The motion was seconded by Councilman Loveland. Roll call vote: Maeser - Yes; Loveland - Yes; Crandall - Abstained; Hall - Yes. The motion carried. Mayor Ard agreed to contact the architects about adjusting the plans for the new site. Mayor Ard opened the Public Hearing to consider the request for rezone from R-l to C-l of property owned by Richard Skidmore directly south of Idaho Traffic Safety, 3400 East Sunnyside Road. Notice of Hearing before the City Council was published in the Post Register on March 21 and 28, 1995. Property owners within three hundred feet (300') were mailed Notices of Hearing. Following proper legal requirements for advertisement of the hearing, a hearing was held before the Planning and Zoning Commission on March 7, 1995, and their recommendation was to approve the rezone. Randy Skidmore was sworn in to give testimony. Mr. Skidmore located the property on the map and explained that Idaho Traffic Safety is interested in purchasing about 2.3 acres to expand their business. There was no other input for or against. Mayor Ard closed the Public Hearing. Councilman Hall moved to rezone the property directly south of Idaho Traffic Safety, 3400 East Sunnyside Road (Beginning at the Northeast Corner of Section 34, Township 2 North, Range 38 E.B.M.; running thence S. 0009'02" East along the Section line 201.44 feet; thence N. 88054'09" West 372.30 feet; thence S. 0008'37" West 57.62 feet to the TRUE POINT OF BEGINNING: running S. 0008'37" West 340.39 feet; thence N.88054'09" West 380.29 feet; thence N.19050'47" West 78.27 feet; thence N. 19034'22" East 36.94 feet; thence N. 65047'39" East 86.85 feet; thence N. 25028'38" East 156.88 feet; thence N. 79013'20" East 253.09 feet to the TRUE POINT OF BEGINNING) from R-l to C-l. The motion was seconded by Councilman Crandall. Roll call vote: Hall - Yes; Crandall - Yes; Loveland - Yes; Maeser - Yes. The motion carried unanimously. Delwin Allsop, 3255 Rawson Street, requested a non-commercial kennel license for three dogs. One is a collie, one a German Shepherd, and the third is an Australian Shepherd cross. All three are neutered, and they are confined to a fenced area. Nine out of eleven property owners within one hundred fifty feet (150') signed the application to give their approval. Councilman Crandall moved to approve the non- commercial kennel license for Delwin Allsop, 3255 Rawson Street. The motion was seconded by Councilman Maeser. Roll call vote: Crandall - Yes; Maeser - Yes; Hall - Yes; Loveland - Yes. The motion carried unanimously. Karyl Jinkins represented Golden Eagle Sales, Iona Road, to request permission to place a vending machine at the Ammon Municipal Swimming Pool through the 1995 season. The machine features Gatorade, Snapple, and non-carbonated beverages. The company would service the machine, and the City would receive 15% of the sales. The Council discussed the feasibility of such a venture. No food or drink is allowed inside the pool. It was determined the vending machine would have to be placed outside the fenced area. Ms. Jinkins and the Council agreed it would not be advisable to try to maintain or protect the machine from vandalism unless it could be placed in a confined area. Permission was denied. Robert and Paula Loveland, 2795 Romrell Lane, requested a home occupation permit to engage in carpet sales, dba The Carpet Brokers. Lovelands are selling carpet in Pocatello, Idaho, but they have a Pocatello telephone number which transfers to their home in Ammon. They are not selling anything out of their house or re- ceiving any merchandise. They only receive telephone calls. They have a warehouse in Pocatello and just keep some carpet samples at home. Robert Loveland stated that he could comply with the home occupation permit requirements C.C. 11-5-27H. Councilman Maeser moved to approve the home occupation permit for Robert and Paula 201 April 6, 1995 Loveland,dba The Carpet Brokers. The motion was seconded by Councilman Hall. Roll call vote: Maeser - Yes; Hall - Yes; Crandall - Yes; Loveland - Abstained because he is a brother to Robert Loveland. The motion carried. Councilman Maeser reported on the Planning and Zoning The proposal of Dr. Stephen Marano for development of property was reviewed. Councilman Maeser did not development plans pending his presentation to the City Town Center Phase II Preliminary Site Plan was approved. Meeting of April 4, 1995. a portion of the Suitter comment on Dr. Marano's Council. A revised Ammon Public Works Director David Wadsworth and Engineer David E. Benton reported on the status of the Ammon Town Center development. The Phase II Preliminary Site Plan was revised to show placement of the anchor store so that the access on Hitt Road I can line up with Twenty-Fifth Street and to relocate the retention pond for the storm sewer. A representative of Target met with the Planning and Zoning Commission which indicates they are again interested. The pump station and the retention pond plans were reviewed. Eric Davis, project manager, has advised that construction should be underway by the end of April. Direction is needed from the City regarding whether or not a walkway bridge is desired. This is a critical time for input. Cantlon has scheduled a pre-construction conference for the contractors and an open house for adjacent property owners on Tuesday, April 18, 1995. Councilman Hall moved to approve the minutes of City Council Meeting held February 23, 1995. The motion was seconded by Councilman Maeser. Roll call vote: Hall- Yes; Maeser - Yes; Loveland - Yes; Crandall - Yes. The motion carried unanimously. Councilman Maeser moved to approve the minutes of City Council Meeting held March 16, 1995. The motion was seconded by Councilman Hall. Roll call vote: Maeser- Yes; Hall - Yes; Loveland - Yes; Crandall - Yes. The motion carried unanimously. Councilman Crandall asked if there had been any progress to fill the vacancies on any of the three citizen advisory committees. Jay T. Ellis volunteered to serve on one of the committees. Mayor Ard recommended appointment of Jay T. Ellis to the BMPO Citizens Advisory Committee. Councilman Maeser moved to accept the re- commendation of Mayor Ard to appoint Jay T. Ellis to the BMPO Citizens Advisory Committee. The motion was seconded by Councilman Loveland. Roll call vote: Maeser - Yes; Loveland - Yes; Crandall - Yes; Hall - Yes. The motion carried unanimously. Sonna Lynn Lewis, Deputy Director of BMPO, reported on her findings of the potential traffic problem at the intersection of Circle S Dr. and Midway caused by a wooden fence erected next to the curb on the Midway side of the property owned by Gene Killian, 3225 Circle S Drive. A copy of Ms. Lewis report dated March 30, 1995, is attached to these minutes. The City granted Mr. Killian a variance for the fence so any change now becomes a legal issue. The Council debated about what to do. Since the problem has been brought to the attention of the City Officials as a result of citizen concern, action needs to be taken. It was decided Gene Killian should be notified that the Council intends to take action and to request that he come for a conference at City Council Meeting on April 20, 1995. Attorney Anderson was asked to write the letter to Mr. Killian. Citizens in the Ammon Meadows Subdivision which is zoned RPA have experienced problems observing the twenty-five foot (25') backyard requirement for accessory buildings because of the lot sizes. In order to eliminate this problem, the City Council initiated action to change the zone in Ammon Meadows from RPA to R-l. Following proper legal requirements for advertisement of the hearings, a Public Hearing was conducted before the Planning and Zoning Commission on October 4, 1994, and a Public Hearing before the City Council on November 3, 1994. The Planning and Zoning Commission recommended the request for rezone be denied because it was not property owner initiated. The City Council did not take action following their hearing in order to seek input from each of the property owners. A survey was mailed to each owner, but there has not been sufficient response to warrant a Council decision. Basically the citizens wanted the RPA requirements to remain for the main building but to apply R-l requirements for the accessory buildings. Eldon Harker desires to buy Lot 2, Block 1 Ammon Meadows Division No.1, and he approached theCity Council to allow him to eliminate the backyard requirement for an accessory building. Following his request, it was proposed, because of insufficient owner response to the survey,to leave Ammon Meadows zoned RPA except to change the zone from RPA to R-l on Lots 1, 2, and 3,Block 1 Ammon Meadows Division No. 1 because of their proximity and compatibility with the Westwood Subdivision which is zoned R-l provided the two property owners involved do not object. Letters of permission to rezone to R-l were presented to the City Council from Stan Ingram, owner of Lot 1, and Reed J. Porter, owner of Lots 2 and 3. Councilman Maeser moved to approve the request for zone change from RPA to R-l of Lots 1, 2 and 3, Block 1 Ammon Meadows Division No.1. The motion was seconded by Councilman Hall. Roll call vote: Maeser - Yes; Hall - Yes; Loveland - Yes; Crandall - Yes. The motion carried unanimously. I I 201A April 6, 1995 limpo Bonneville Metropolitan Planning Organization P.O. Box 50220. Idaho Falls, ID 83405-0220. (208) 528-5530 · Fax 528-5529 TO: I FROM: DATE: SUBJECT: Honorable Mayor Bruce Ard The City of Ammon City Council Sonna Lynn Lewis, Deputy Directo~M ~Jiv-J 30 March 1995 Review of the intersection of Midway Avenue and Circle S Drive On 29 March 1980, Mr. Gene Killian of3225 Circle S Drive, requested the Board of Adjustment for a variance to place a six foot fence aligning his property. This variance was granted as set forth in Paragraph 11-7-8-2 of the Zoning Ordinance, on 3 April 1980. His variance specifically granted placement ofa six foot wooden fence 35 feet from the intersection of Midway Avenue and Circle S Drive along the front edge of his property and extending to the back yard. Since the granted variance, several factors have occurred that has caused this fence to become a neighborhood and community issue. Since 1980, the population of the City of Ammon has had a +7.13% growth increase and continues to increase yearly based upon population projections. Secondly, Circle S Drive was a dead-end street until approximately 2 years ago and has become a complete roadway loop interconnecting with Southwick Lane. This has created an increase in traffic. I Upon review of the intersection, it was found that Midway Avenue does indeed curve and present an awkward angle at the intersection of Circle S Drive. Although citizens have stated that this is volatile accident location, no reportable accident data supports the findings that there have been any substantial (those over $750) incidents. Average daily traffic volumes were not taken, however, from initial review, the traffic on Midway Avenue seems more substantial than that of Circle S Drive. Due to the fact that the variance is a legal binding document allowing for this structural change, no actions can be taken by the City of Ammon without their financial support and the cooperation of Mr. Killian. The following recommendations require cooperation from both parties and may alleviate any future problems: 1) The City of Ammon should align the roadway and present less of an angle at the intersection of Midway Avenue and Circle S Drive. 2) Do nothing at the present time until sufficient accident data is accrued and safety becomes an issue which is documentable. 3) At the eKpeDSe of the City of Ammon, the wooden fence could be replaced with a fence that . can be viewed through such as a chain link fence. I 4) At the expense of the City of Ammon, the wooded fence along the frontage of Midway Avenue and Circle S Drive could be reduced to three (3) feet allowing for a better sight view. This would then bring the property into conformance with the Zoning Ordinance Section 11- 5-27 L in which the variance would become null and void. It states: "Fences ~ No fences, waIl, hedge, or other site obscuring object or structure which is more than three (3) feet in height shall be constructed' or allowed to exist above said height within fifteen.(15) feet of any front line along any street." 5) At the expense of the City of Ammon, the fence should be placed within the standard set back ofa property. I I I 202 April 6, 1995 Twenty-eight acres of the Suitter property east of the Triple S Convenience Store and the Suitter house on the corner of 25th East (Hitt Road) and First Street have been sold to Dr. Stephen Marano. Dr. Marano is making plans to develop some of this property with a day-care school, but the water and sewer services have not been extended to that section of the City. Dr. Marano has met with the Planning and Zoning Commission at two meetings and his plans appear to be satisfactory but the Council needs to address the sewer and water issue. A permit has been obtained from District 7 Health to install a septic tank, and a permit to drill a well has been granted by the Department of Water Resources. When the Suitter property was annexed to the City of Ammon, the annexation agreement provided that the developer should extend the water and sewer lines. Permission was granted for Triple S to develop with a septic tank and to hook up to the Suitter's private well, but additional development required extension of water and sewer lines. Dr. Marano should be bound by the existing agreements. Mayor Ard authorized the City Office to issue a building permit to Teton West to erect a metal shell structure on the property, but the contractor was advised that no additional permits would be issued until a decision was reached regarding water and sewer. The Council discussed development of the property and compliance with City regulations. The City Office was directed to contact Dr. Marano to advise him of the concerns about developing the property, to ask him to review the annexation agreements, and to request that he attend City Council Meeting on Thursday, April 20, 1995, to mutually resolve the issue. The Preliminary Plat for Lawn Dale Subdivision, Division No.4 was reviewed. This is a replat of Lawn Dale Subdivision, Division No.3, Bonneville County, Idaho, and is a Bonneville County plat within City of Ammon's Impact Area. Councilman Crandall moved to authorize the Mayor to sign the Preliminary Plat for Lawn Dale Subdivision, Division No. 4 as recommended by the Planning and Zoning Commission. The motion was seconded by Councilman Maeser. Roll call vote: Crandall - Yes; Maeser - Yes; Hall - Yes; Loveland - Yes. The motion carried unanimously. Councilman Maeser moved to approve the Phase II Preliminary Site Town Center as recommended by the Planning and Zoning Commission. seconded by Councilman Loveland. Roll call vote: Maeser - Yes; Hall - Yes; Crandall - Yes. The motion carried unanimously. Plans for Ammon The motion was Loveland - Yes; Mayor Ard introduced and read by title Ordinance No. 241 AN ORDINANCE TO AMEND THE ZONING CLASSIFICATION AND THE ZONING MAP FOR CERTAIN LANDS LOCATED WITHIN THE CITY OF AMMON; PARTICULARLY DESCRIBING SAID LANDS AND DECLARING THE CLASSIFICATION OF ZONING FOR EACH SUCH PARCEL OF LAND; PROVIDING AN EFFECTIVE DATE. Councilman Maeser moved to dispense with the rule requiring the reading of the ordinance on three different days and that the three readings be waived. The motion was seconded by Councilman Crandall. Roll call vote: Maeser - Yes; Crandall - Yes; Hall - Yes; Loveland - Yes. The motion carried unanimously. Ordinance No. 241 was read in full. Councilman Maeser moved to adopt Ordinance No. 241 as an ordinance of the City of Ammon on its third and final reading. The motion was seconded by Councilman Hall. Roll call vote: Maeser - Yes; Hall - Yes; Loveland - Yes; Crandall - Yes. The motion carried unanimously. Ordinance No. 241 amends the zoning on property owned by John L. Sheppard, Rex Shurtliff, Gerald Bergeman/Ammon Town Center, and Rex Shurtliff as described in the ordinance. The State Transporation Department has scheduled the 9th Annual "Idaho Is Too Great to Litter" spring cleanup week for May 6 through May 13. Ammon will participate with spring cleanup during this period. Mayor Ard requested that a newsletter be sent to the residents by May 1, and Councilman Maeser agreed to draft the letter. V. Melvin Brown has offered to sell the City approximately 1.41 acres of property which is due north of the City's Well No. 7 property. The Council discussed the offer. The property would be of some value to the City, but the City needs to develop plans to utilize it before entering into an agreement to purchase. Reports: David Wadsworth reported for Public Works. Street maintenance planned for the 1995 Fiscal Year is on schedule. Nine evergreen trees have been moved from Well No. 7 to Tie Breaker Park. Work is progressing on the sprinkler system in Tie Breaker Park. An application has been submitted to the Department of Water Resources for an additional water right to allow the City to drill another well. New well plans were discussed. It will take about eight weeks to get approval on the water right. BE CO swept Marlene Street which had problems from the crack/seal preliminary work. There is a water drainage problem at East 17th Street and Midway Avenue near Servisoft. The Council discussed ways to correct the problem. The easiest way is with a seepage pit, and the Council authorized the correction. Fire Marshal Robert Farrow reported the City of Ashton got a block grant from the State to build a fire station, and he suggested the City of Ammon look into a grant for our Fire Department. 203 April 6 & 20, 1995 Engineer Benton introduced the Council to the new zoning map. As soon as a few more revisions are made, it will be ready for Council acceptance as the official zoning map for the City of Ammon. The map has been entered in a computer program which will make it readily available for updates. Claims were approved. Councilman Crandall moved to adjourn the meeting, and the motion was seconded by Councilman Hall. The meeting was adjourned at 10:05 P.M. 0-0 I ATTEST ~-n-J (I. ~<.~ CITY CLERK ~/ CITY OF AMMON April 20, 1995 Minutes of the Regular Meeting of the Mayor and City Council: The meeting was called to order at Street, Ammon, Idaho, by Mayor C. present: Mayor C. Bruce Ard Councilman Ira K. Hall Councilman Steven J. Loveland Councilman Greg J. Maeser City Clerk Aleen C. Jensen 7:30 P.M. at the City Building, 3270 Molen Bruce Ard with the following City Officials Attorney W. Joe Anderson Engineer David E. Benton Public Works Director David Fire Marshal Robert Farrow Wadsworth Others Present: Roger and Toni Clements, 2615 Salmon Street, Ammon Gene and Linda Killian, 3225 Circle S Drive, Ammon Daralee Beck, 3180 Midway Avenue, Ammon Kathy, Ryan, and KayDee West, 515 Matchpoint Drive, Ammon George Watkins III, 2155 Midway Avenue, Ammon Sally Ellis, 2195 Midway Avenue, Ammon I Absent: Councilman Harvey Crandall The Pledge of Allegiance to the Flag was directed by Councilman Loveland, and the invocation was offered by Councilman Hall. At the request of the City Council, Gene and Linda Killian, 3225 Circle S Drive, attended the meeting to discuss the traffic visibility problem at Midway Avenue and Circle S Drive. Citizens have complained there is not a clear view of the intersecting street because of a six-foot board fence erected next to the curb on the Midway side of Killian's property. Sonna Lynn Lewis of BMPO completed a traffic study of the intersection. Ms. Lewis confirmed the problem and suggested possible solutions, but it is up to the City and the Killians to work out the problem. The City granted Killians a variance for the fence on April 3, 1980, when Circle S Drive was a dead end street. Since the development in Ammon Meadows, Circle S Drive has been opened to a through street. The City Council asked for the Killians suggestions about resolving the problem. Mr. Killian explained that vehicles speed on Midway. There are no speed signs or school zone signs posted in the area. Citizens need to observe the stop sign on Circle S Drive before they enter Midway Avenue. There have been no accidents observed on that corner. The fence was erected to protect the Killian's property, it prevents vandalism, and they do not want the fence moved. The irrigation ditch and the curvature of the road add to the problem. The City Council wanted to explore the options with Killians before taking any action. Their recommendation was for better traffic control including speed and school zone signs. The Council will take the matter under advisement. I Roger and Toni Clements, 2615 Salmon Street, proposed a change order for the block fence under construction between the properties on Falcon Drive and the Ammon Town Center development. The proposal was to end the block fence on the south end fifty-two feet (52') back from the curb so it stops even with the Clements' garage. This will give them an easier access and will enable them to park their RV. No one else is affected by this change but the Clements. The developer advised they had no problem with the change, but the plans have all been approved and any change requires a City Council decision. The plans for the fence were reviewed. Following discussion, the Council did not find a problem with the request. Legal