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Council Minutes 9/12/2006 (160) I I I 167 November 3, 1994 CITY OF AMMON November 3, 1994 Minutes of the Public Hearing and 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 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: Robert B. and Vaudis Shippen, 2300 Cabellaro, Ammon Randy Waite, 2235 Cabellaro, Ammon Gordon and Sue Sorensen, 3776 Marlene, Ammon Lee and Julie Bean, 3858 Marlene, Ammon Ted G. Petersen, 4355 Ilene Circle, Ammon Ron Hjelm, 2395 Cabellaro, Ammon Russell Swensen, 2660 Central Avenue, Ammon Mrs. Ronald Wilkinson, 3930 Wanda Street, Ammon Val Loveland, 3325 Rawson Street, Ammon The Pledge of Allegiance to the Flag was directed by Councilman Crandall, and the invocation was offered by Councilman Loveland. Mayor Ard opened the Public Hearing to consider a rezone from RPA to R-l of the lots in Ammon Meadows Subdivision excepting Lots 29, 30 and 31 in Division Two which are now zoned R-2. Notice of Hearing was published in the Post Register, and adjacent property owners were mailed notices. Robert Shippen, Randy Waite, and Ron Hjelm were sworn in to present testimony. Mr. Shippen explained he is building a new home on Cabellaro Drive and did not understand about the zoning for accessory buildings. He would like to reduce the requirement for twenty-five (25) ft. of backyard behind an accessory building. He presented a petition signed by fourteen (14) property owners who are in favor of the rezone to R-l. Ron Hjelm stated he favors the zone change to R-l. Randy Waite stated he bought an RPA lot, and he situated his buildings to fit the zone. A change of zone devalues his property. He knew what the zone was, and he complied with the setbacks. If the home owners purchased a certain zone, they should still have that zone. He opposed the zone change. Councilman Hall read the petition. "We the under signed home owners of Ammon Meadows request the City Council change the zone from RPA to R-l. Due to the size of the lots, there is no way to meet the requirements of the RPA zoning. With a change to R-l zone a small accessory building could still be built. This still keeping Ammon Meadows to the high standard which we now have. With the old out buildings to the east and west of Ammon Meadows and livestock to the south, we see no reasoning to not grant this change. This will also stop the request for special variances. Each new home owner has lawn mowers and other tools that need to be stored indoors." The Planning and Zoning Commission conducted a Public Hearing on October 4, 1994. They recommended the request be denied because the property owners did not request the change. The minutes of the Planning and Zoning hearing were reviewed. The Council reviewed the subdivision plat, pointed out the three divisions, and identified ownership. The discussion brought out the reason for considering a zone change is the lot sizes make it difficult to construct an accessory building and observe the setback requirements of the RPA zone. A change of zone would eliminate requests for variance to the established zoning laws. A reason for opposition to the change is the R-l zone allows a dwelling of 750 square feet, and the RPA zone requires a dwelling of 1,000 square feet. Various ideas were considered for solving the accessory building problem without sacrificing the quality of the subdivision. Mayor Ard closed the Public Hearing, and the Regular City Council Meeting continued. Councilman Maeser moved to have a survey of Ammon Meadows done so that everyone is contacted and given an opportunity to respond for or against and to resubmit the request to the Planning and Zoning Commission for reconsideration based on the petition to see if they want to keep their original recommendation. The survey should be completed before Planning and Zoning takes action, and their action might include a recommendation for an overlay or some other solution to the accessory building problem. The motion was seconded by Councilman Loveland. Roll call vote: Maeser - yes; Loveland - Yes; Hall - Yes; Crandall - Yes. The motion carrried unanimously. 168 November 3, 1994 Julie Bean, 3858 Marlene, attended to discuss concerns brought to the City Council about the pre-school she is operating in her home. The areas of concern discussed were fire safety and parking. Mrs. Bean explained when she started her pre-school five years ago, she thought it needed to be licensed so she went through the steps to make sure she was in compliance. Then she found out the State requires day cares to be licensed, but there are no licensing requirements for pre-schools. In the pre-school room she uses there is a large, daylight window which meets the day care safety requirements. There is probably some traffic congestion for a few minutes twice a day at 11:30 A.M. and 2:30 P.M. when parents drop off or pick up their children. The pre-school is in session on Monday, Wednesday, and Friday. She stated that she tries to be considerate of her neighbors. Home occupation permit requirements were reviewed, and Mrs. Bean said she could comply with them. There are no signs, no hired help, and about 20% of the home is used for the pre- I school. Sue Sorensen, 3776 Marlene, spoke in defense of Julie Bean's pre-school and pointed out it is a service to parents and the community. Councilman Maeser emphasized that Mrs. Bean be aware of traffic congestion and do what she can to alleviate any problems. She was instructed to complete a home occupation permit application. Sue Sorensen, 3776 Marlene, met with the City Council to review her non-commercial kennel license. Mrs. Sorensen owns ten adult dogs and nine puppies. There is a question as to whether she operates a commercial or a non-commercial kennel. Her primary interest is show dogs. She stated she can't keep all the dogs. She keeps some, she sells some, and she gives some away. Her breeding policy was explained. She has six adult females which come in season every six months, and she tries to breed them at least once a year. There is no guarantee on the number of puppies, but each dog has one to four puppies. A puppy is kept four months to evaluate whether the puppy is show quality or pet quality. Those of pet quality are not kept, but she has a spayed or neutered policy on those of pet quality because she believes they should not be bred. The noise problem was discussed. The dogs are kept inside if Mrs. Sorensen is not at home. When she is home, the dogs are out some and they do bark some. However, she tries to control the barking. The dogs are not out before 8:00 A.M. or after 10:00 P.M. She asks the neighbors to call her if the dogs are annoying them. The facilities she maintains for her dogs were described. Mrs. Sorensen cares about her dogs. They are like her children. She has received numerous awards from dog shows and some of them are national honors. Pictures of winners were circulated. The issue is whether the operation is commercial or non-commercial. The ordinance does not specify the number of dogs for either type of kennel. Consideration was given to the fact she sells some dogs and whether that violates the non-commercial status. It was determined, if there is a litter of pups, they must be disposed of some way. To sell some to reduce the number and to assure show quality does not necessarily mean it is a commercial venture. Sorensens would like to erect a fence which would help the noise factor, but there is a boundary dispute regarding where the fence should be. The Council emphasized that nineteen dogs does cause concern about commercial status, and the neighbors have complained about the noise problem. However, the kennel application shows fourteen signatures of neighbors approving and two no response. Mrs. Sorensen stated the dogs are her life, and she is not willing to give them up. The request of Ted G. Petersen, 4355 I1een Circle, for annexation of his cabinet shop, 2340 South 45 East (Crowley Road), was reviewed. Mr. Petersen needs water and sewer for his shop. He has been debating whether to request the shop to be annexed to the City of Ammon or to request permission to hook up to the City water and sewer system from I1een Circle. The shop lot and the house lot join, but the shop fronts Crowley Road in Bonneville County and the house fronts Ileen Circle in the City of Ammon. The advantages and disadvantages were discussed. Council opinion was to rezone the shop lot would be classified as spot zoning. Councilman Hall moved to allow Ted G. Petersen to hook his cabinet shop on to the City of Ammon water and sewer from I1een Circle, to charge him the normal out-of-City rates, and to not annex the shop property at this time. The motion was seconded by Councilman Crandall. Roll call vote: Hall - Yes; Crandall - Yes; Loveland - Yes; Maeser - Yes. The motion carried unanimously. Ronald H. Wilkinson requested a home occupation permit to move his advertising business from 978 John Adams Parkway, Idaho Falls, to his home at 3930 Wanda Street, Ammon. General nature of the business is advertising, marketing, and public relations. Mrs. Wilkinson explained they have been sharing office space with another party, but he has moved to Salt Lake City. It is not feasible to maintain an office for the advertising business alone. The requirements for a home occupation permit, C.C. 11-5-27H, have been reviewed and Wilkinson can comply with them. Councilman Maeser moved to approve the home occupation permit for Ronald H. Wilkinson, dba Wilkinson Advertising, 3930 Wanda Street. The motion was seconded by Councilman Hall. Roll call vote: Maeser - Yes; Hall - Yes; Loveland - Yes; Crandall - Yes. The motion carried unanimously. I ~ 'I I I I I 169 November 3, 1994 Councilman Maeser moved to approve the minutes of City Council Meeting held October 20, 1994. The motion was seconded by Councilman Loveland. Roll call vote: Maeser - Yes; Loveland - Yes; Hall - Yes; Crandall - Yes. The motion carried unanimously. Councilman Hall reported that he had researched the request for a variance by Stanley J. Cheslock, 1900 Ross Avenue. A variance is not needed for the sideyard. An accessory building can be built on the old board fence line because it it twenty feet from the property line which has been established for Ches10cks. However, in order to meet the RP backyard setback requirement, the building needs to be moved forward eight feet closer to Ross Avenue than originally planned. Councilman Hall explained this to Mrs. Cheslock. Bids were received and opened November 1, 1994, for a dump body, sander, and snow plow. Western Road Machinery Company and Truck Equipment Corporation submitted bids as follows: Dump Body Snow Plow Sander Sub Total Snow Plow Light Option Total Bid Truck Equipment 9,361.00 9,978.00 7,409.00 $26,748.00 225.00 $26,973.00 Western Road No Bid 10,320.31 8,722.50 $19,042.81 $19,042.81 Public Works Director Wadsworth discussed the bids. Councilman Hall moved to accept the bid of Truck Equipment Corporation for a dump body, snow plow, sander, and light in the amount of $26,973. The motion was seconded by Councilman Maeser. Roll call vote: Hall - Yes; Maeser - Yes; Loveland - Yes; Crandall - Yes. The motion carried unanimously. Residents have expressed concern about the condition of the Birch property at 2865 South Ammon Road. Public Works Director Wadsworth was asked to visit with Mr. Birch to check on his improvement plans and encourage him to speed up activity. Councilman Hall explained Birch is too busy working for other people so he can earn money for his own project. Also, Councilman Hall promised to visit with Mr. Birch to encourage him. Reports: Engineer Benton reported on the action of the City of Idaho Falls Planning Commission regarding the annexation of Hitt Road R-O-W (25th Street to Sunnyside Road). He referred to a copy of minutes from their meeting of October 11, 1994, which questions the legality of the Ammon plat recorded with Bonneville County. Engineer Benton also reported that the plat has been received for Cantlon Properties Ammon Town Center development. The County Surveyor is in the process of checking this plat according to new requirements. Some 'minor modifications are needed, and they will be noted for the developer. The Fire Department reported that the new engine has bee installed in the Ford fire truck. Val Loveland reported on the walking path project. Town nd Country Gardens has worked up a bid for the trees. They offered about f:i[ve different varieties including ash, maple, linden, and willow. They offered 15% discount plus a one year guarantee on the trees. If the trees are purchased by the City, the purchase will be tax exempt and will allow purchase of two additional trees. It was agreed the grant money from Pacificorp will be sent to the City of Ammon and the City will pay Town and Country Gardens. The location of the trees and the planting plans were discussed. Plans are to plant the trees along the north boundary of McCowin Park. In the future, memorial contributions could be accepted for trees or the walking path. Councilman Crandall pointed out the need to get serious about building a new City Building if it is to be built in 1995. The Council needs to visit the City of Shelley or other cities to glean ideas. Mayor Ard reported on the BMPO Policy Board Meeting. On November 10 there will be a public hearing in Ammon for input on the Comprehensive Transportation Plan prepared by BMPO. CART has lost about $60,000 worth of funding. The Local Highway Technical Assistance Council (LHTAC) was established by the State Legislature according to Senate Bill 1463 under I.C., Title 40, Chapter 24. Details regarding the LHTAC program are not known, but the Council needs tq> be aware of it and be prepared to evaluate its benefits to the City. Claims were approved. Councilman was seconded by Councilman Maeser. Hall moved to adjourn the The meet~ur and the motion P.M. ATTEST (/Z/Ce-G7z/('^'7' \j,c/tAU ~ CITY CLERK v