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Council Minutes 9/12/2006 (114) I I I 1 CITY OF AMMON October 1, 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 L. Crandall Councilman Ira K. Hall Councilman Greg J. Maeser at 7:30 P.M. by Mayor C. Bruce Arq with the follow- Attorney W. Joe Anderson Engineer David E. Benton Public Works Director David Wadsworth Fire Chief Ca1 Smith City Clerk Aleen C. Jensen Others Present: Ron Hjelm, Custom Construction Jo1ene Peterson, 1830 Curlew Drive, Ammon Mr. and Mrs. Duane Waters, 3730 Vaughn Street, Ammon Rod Croston, 3020 Western Avenue, Ammon The Pledge of Allegiance to the Flag was directed by Councilman Anderson, and the invocation was offered by Councilman Maeser. Jolene Peterson, 1830 Curlew Drive, requested a home occupation permit to operate a day care in her home. The State will allow her to tend up to twelve children, but she doesn't have any clients yet. She is getting everything read to begin. The Fire Department has checked her facilities. The requirements for home occupation permits specified in City Code Section 11-5-27H have been reviewed and she has agreed to comply with them. The Council cautioned Mrs. Peterson about maintaining a residential appearance, observing the sign limitations, and monitor- ing parking. Councilman Crandall moved to approve a home occupation permit for Jo1ene Peterson, 1830 Curlew Drive, to operate a day care subject to compliance with all the zoning ordinances and home occupation requirements. The motion was seconded by Councilman Maeser. Roll call vote: Crandall - Yes; Maeser - Yes; Hall - Yes; Anderson - Yes. The motion carried unanimously. Mr. and Mrs. Ira Duane Waters, 3730 Vaughn Street, responded to a request of the Council to attend meeting to answer questions about their garage construction. Several residents have expressed concern about the size and the use of the garage. Mr. Waters stated his reason for building is to provide parking and storage for his vehicles rather than leave them in the driveway. He plans to have a place for a pickup, a truck, two trailers, a trailer house, and a '69 Opal that he wants to restore. He operates a furnace cleaning and repair business, but most of the work is done in people's homes. He is not engaged in auto repair. The building is 1440 square feet, wood frame construction, and has 10' X 8' doors. Before any construction began, a building permit was applied for and granted. Following discussion, the Council determined that Waters is complying with the City's ordinance and a home occupation permit is not required. Rod Croston, 3020 Western Avenue, has been living in a trailer house and garage during house construction. The construction has not progressed as fast as planned, and he requested an extension of time to live in the temporary facilities. It was estimated he should have the house ready for occupancy by December 1, 1992, or some other living arrangements would need to be made. Councilman Crandall moved to extend the time for Rod Croston, 3020 Western Avenue, to live in the trailer/garage until December 1, 1992, to allow him to complete house construction. The motion was seconded by Councilman Maeser. Roll call vote: Crandall - Yes; Maeser - Yes; Hall - Yes; Anderson - Yes. The motion carried unanimously. Custom Construction has purchased Lots 23, 24, 25, 26, and 27 of Block 2, Westwood Addition Division No.1, and they have applied for building permits to build two fourplexes. The original subdivision plat specified a 20 foot private access easement (also referred to as a 21.5 foot easement) along Ammon Road. Ron Hjelm represented Custom Construction to request the Council to determine if the City would allow direct access from the units on to Ammon Road or if they would require the frontage road. Also, they asked for an interpretation about whether or not the twenty (20) foot easement could be part of the required thirty (30) foot front yard setback. The builder prefers to direct access from the units with a common driveway for every two lots. Their reasons were stated as the 20 foot easement would allow only a very narrow frontage road, direct access would be less hazardous, Ammon Road plans show direct accesses, their plans are compatible with Ken Neider's existing fourplex at 2030 Ammon Road, and they want to maintain a large backyard for use by occupants away from the busy Ammon Road. Ron Hj elm reviewed their plot plan to show the sidewalk layout and the four unit garage attached on the side and extending fourteen (14) feet closer to Ammon Road than the apartments. The garage setback will be in line with Neider's fourplex. The parking is in back of the garage. The Council discussed the request pro and con. 2 October 1, 1992 Points considered were as follows: (1) The Planning and Zoning Commission desires some direction from the City Council. (2) The twenty (20) foot private access easement would allow a narrow frontage road next to a busy road, and there is no way to make it wider. The maintenance would be the responsibility of the property owner but would present problems for the City as well. The City would have no control over parking. It would affect snow plowing and fire protection. (3) The frontage road would require two accesses--an entrance and an exit. Direct access by a common driveway for two lots would only require one additional access. (4) The original plans were to limit accesses, but the Ammon Road plans deviated and show three curb cuts for direct access. (5) Ken Neider already established an access and setback pattern when he was allowed to change his apartment access from San Carlos to Ammon Road. The Council concluded it is desirable for the City to limit access on major streets, but a frontage road is a potential nightmare. The Council determined the twenty (20) foot private access easement should be included as part of the front set back as was allowed for Neider's. Councilman Crandall moved to recommend to the Planning and Zoning Commission that the frontage road on Lots 23, 24, 25, 26, and 27 of Block 2 Westwood Addition, Division No. 1 be abandoned and the accesses be limited to one for every two fourplexes, or in other words a common driveway between two lots, as shown on the final design plans for Ammon Road. The motion was seconded by Councilman Maeser. Roll call vote: Cran- dall - Yes; Maeser - Yes; Hall - Yes; Anderson - Yes. The motion carried unani- mously. In explanation of their determination, the Council explained that the twenty (20) foot easement remains as platted but the frontage road will not be required, all development must be compatible with the Ammon Road final design plans, and the building permits may be issued if the Planning and Zoning Commission concurs with the recommendation of the City Council. I Councilman Maeser moved to approve the minutes of City Council Meeting held September 3, 1992, as written. The motion was seconded by Councilman Crandall. Roll call vote: Maeser - Yes; Crandall - Yes; Hall - Yes; Anderson - Yes. The motion carried unanimously. Councilman Hall moved to approve the minutes of City Council Meeting held September 17, 1992, as written. The motion was seconded by Councilman Anderson. Roll call vote: Hall - Yes; Anderson - Yes; Maeser - Yes; Crandall - Yes. The motion carried unanimously. The State Transportation Department has approved funding for the Ammon Road Project in 1993 Fiscal Year. Some amendments to the agreement were necessary because Ammon is classified in the urban area under the jurisdiction of the Bonneville Metropolitan Planning Organization. On the right-of-way acquisition from Lennis Tirrell, he has agreed to settle for 10% more than the original offer plus salvage of culvert under the existing road. The State has been requested to approve Tirrell's settlement offer. Attorney Anderson discussed the status of the right-of-way acquisition from Fred Karford. Mr. Karford and the attorney have an appointment to discuss a settlement. It will be advantageous to negotiate a settlement, but if this is not possible, condemnation papers are ready to be filed. I The Idaho State Police has requested clarification of their role pursuant to their response to a hazardous substance release in our jurisdiction. They encouraged the City to reassess the emergency entities closest to us who would be of immediate assistance and to determine if Ammon wants the Idaho State Police to remain as our Haz/Mat authority. Bonneville County Civil Defense advised that the County has adopted a resolution to designate an emergency response resource, and they included all of the County. They promised to send a copy of their resolution to Ammon for evaluation. No action was taken pending review of the County resolution. At meeting on September 17, 1992, the City Council considered a request from Bonneville Joint School District 93 to erect a chain link fence at Ammon Elementary School in the City's right-of-way. The action was to deny the request. When the School District was notified of the denial, they determined the decision was made from inaccurate information on where the fence would be located. Therefore, the request was reconsidered. Visits have been made with School District personnel to the site, and the exact location of the proposed fence has been determined. The Council found no problem with where the fence is proposed to be placed, however, they requested a written agreement to grant the School District permission to use the right-of-way but for the City to retain ownership. Attorney Anderson recommended a license agreement, and he agreed to prepare one for signatures. Following execution of the agreement, it should be recorded. Councilman Crandall moved to issue a license to Bonneville Joint School District 93 to build a fence on the north side of the Ammon Elementary School playground fifteen (15) feet in from the south side of Owen Street between Midway Avenue and Central Avenue, interpreted to mean granting use of the south fifteen (15) feet of the right-of-way. The motion was seconded by Councilman Hall. Roll call vote: Crandall - Yes; Hall - Yes; Maeser - Yes; Anderson - Yes. The motion carried unanimously. I I I I 3 October 1, 1992 The developers of Fox Hollow have requested the City to issue a letter of accept- ance of the as built improvements. It was decided to check to see if all the improvements were completed in accordance with the annexation agreement before signing an acceptance. Public Works Director Wadsworth advised that Utah Power would like a letter from the City of Ammon stating new subdivision developers are required to purchase and install street lights. After the purchase, the City accepts the lights for maintenance. Reports: David Wadsworth reported for Public Works. The ball diamonds at Peterson Park are prepared for replanting. The wells are running good. Well No. 7 has a problem, but it has been shut down since early in September. Repairs will be made before it needs to be used again. Attorney Anderson researched information on investing City funds. He made copies of the section of Idaho Code regarding what is legal for municipalities to invest in. Engineer Benton reported Kirk Black of Deseret Mutual Investments has requested the approved plat of the Hitt Road Center be recorded. Fire Chief Cal Smith reported for the Fire Department. They are doing some major modifications on Engine No.1, and Engine No. 2 needs repairs. New equipment and clothes have been purchased to replace old clothing. There was a fire on Septem- ber 18, 1992, at the Harris residence, 3905 Brookfield Lane. The fire was potentially extremely dangerous, but it was in an air tight metal building which did not allow the fire to grow. The department was lucky because only two volunteers and one councilman responded. Councilman Anderson reported he visited with Councilman Ralph Wood Idaho Falls about the crosswalks on Hitt Road and East 17th Street. needed to show the donation of the shelter in north McCowin Park by family. A street sign is needed for Williams Street. of City of A plaque is the McCowin Councilman Maeser reported on the Association of Idaho Cities legislative meeting. They are in the process of prioritizing bills the cities are interested in working on with the legislators. The main areas of interest are the 1% Initiative, Truth in Taxation, Local Option, and Competitive Bidding. The meeting was very informa- tive, and Councilman Maeser recommended that the City of Ammon stay involved in the organization. Another meeting is planned for the middle of October to consider recommendations. Cities are encouraged to make available information on the 1% Initiative to help educate the public if requests are received. First Security Bank has advised that they have funds available through Idaho Housing at a good rate for those who can qualify. The City Clerk identified the location of the East Hills Addition. It consists of four lots on the north side of East Sunnyside Road between Dal Avenue and Ammon Road. Claims were approved. Councilman Anderson moved to adjourn the meeting, and Councilman Hall seconded the motion. The meeting was adjourned at 9:15 P.M. ~ ATTEST ~. (!. W~~ CITY CLERK ~/