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Council Minutes 9/12/2006 (169) I I I 194B . March 16, 1995 The C1ty Clerk,discussed Dixie Delaney's request for a determination about whether or not. the An1~al Overlay still exists on the properties on the south side of ~outhw1ck Lane 1n the Southwick Addition. The issue was discussed thoroughly and 1t was concluded that Engineer Benton would research the issue and make a recommendation for the City Council. The meeting was adjourned at 8:45 P.M. MAyG~C;;;:) ATTEST ///' J/?/7 ; f/~'0 ~ V .e~trU:zJ CITY CLERK~' CITY OF AMMON March 16, 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 Harvey Crandall 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 Wadsworth Fire Chief Cal Smith Fire Marshal Robert Farrow James Southwick, P&Z Representative Others Present: Dr. Craig Z. Hall, 5502 South 9 East, Idaho Falls Theodore and Sherrill C. Bohn, 2085 Midway, Ammon Dave Sommer, 3450 Circle S Drive, Ammon David and Julie Lyman, 1445 North Woodruff, Idaho Falls Kent Wood, 1840 Heather Lane, Ammon Gayle Greenhalgh, 3115 Molen Street, Ammon Darwin C. Murri, 2130 South Ammon Road, Ammon Sonna Lynn Lewis, BMPO Deputy Director George III and Peggy Watkins, 2155 Midway, Ammon Jay T. and Sally Ellis, 2195 Midway Avenue, Ammon Scott R. Wessel, 1880 Cabellaro, Ammon Jay W. Johnson, 2125 Cabellaro, Ammon Randy Trane, 2325 Cabellaro, Ammon Layne Barber and three children, 1975 Spencer, Ammon Eldon Harker, 1344 Elizabeth Drive, Idaho Falls Cleve and Dixie Delaney, 3320 Southwick Lane, Ammon Jay Hildebrandt, KIFI-TV (Channel 8) Bill Manwill, Bonneville County Engineer The Pledge of Allegiance to the Flag was directed by Councilman Hall, and the invocation was offered by Councilman Crandall. Gayle Greenhalgh, 3115 Molen Street, requested a non-commercial kennel license. Ms. Greenhalgh has three dogs. The dogs are chained up outside in the day time, and they are kept inside at night. The dogs are pets, and no additional dogs are planned for. All the neighbors within 150 feet gave their consent. Councilman Maeser moved to approve a non-commercial kennel license for Gayle Greenhalgh, 3115 Molen Street. The motion was seconded by Councilman Crandall. Roll call vote: Maeser - Yes; Crandall - Yes; Loveland - Yes. The motion carried unanimously. Sonna Lynn Lewis, Deputy Director of BMPO, and Bill Manwill, Bonneville County Engineer, studied the Ammon Townsite Traffic Report which was presented at City Council Meeting on February 23, 1995. Engineer Manwill reported their findings and recommended some modifications. Originally the intersection of Owen Street and Western Avenue was designated as a four-way stop. The modification recommended was for a two-way stop with Owen Street as the through street and stop signs on Western Avenue. A four-way stop was recommended for the intersection of Midway Avenue and Owen Street. The four-way stop at Midway and Rawson should be changed to a two-way stop with the stop signs on Rawson Street. It was further recommended that changes be made, then allow time for the traffic flow to stablize, and next restudy the area to evaluate. When changes ar made in street signing, it is anticipated there will be some accidents. In order to lessen the impact of the changes, the traffic flow should remain as is until school is closed for the 195 March 16, 1995 summer. When school is out, transition changes should be put in place. Before school starts in the fall, the transition changes should be removed, and the final changes should be established. Dave Sommer, 3450 Circle S Drive, called attention to his request for the City Council to correct the hazardous traffic problem at the intersection of Circle S Drive and Midway Avenue caused by the fence on the property at 3225 Circle S Drive. it is time for corrective action before a serious accident occurs at that location. Some time ago representatives of ICRMP observed the area and made some recommendations. Sonna Lynn Lewis agreed to make a study of the intersection and to report at City Council Meeting on April 6, 1995. The City Clerk was instructed to advise Gene Killian, property owner at 3225 Circle S Drive, that the problem is being considered by the City Council. James Southwick reported for the Planning and Zoning Commission. Three items of business were considered at their meeting on March 7, 1995. There was a request to build storage units south of Legends Convenience Store on property owned by Craig Hall now zoned C-l. The zoning ordinance does not specifically address storage units or where they can be located. The Commission debated whether or not the proposed storage units constitute a suitable use for the C-l zone and whether or not a special/conditional use permit should be required. It was recommended that the site plan be approved as presented provided the City Council makes a determination if a storage facility is a similar use and in harmony with the objectives and characteristics of the C-l zone, and provided access is restricted to either the one used by the Convenience Store or to the existing curb, cuts on Ammon Road. The next item was a request by the new owners of Valley Care Center to replace the two existing signs with a new sign. The property is zoned R-3A. The two existing signs are non-conforming with the zoning ordinance requirements which allow "non-flashing signs advertising the services performed within the building ... provided such signs shall be attached to and placed flat against the wall of the building" and "directional signs" for parking, ingress, and egress. Although the proposed sign still does not comply with the ordinance, it was recommended approval of a new single sign to be located midway between the two existing signs. The last item considered was proposed development of a portion of the Suitter property east of the residence at 2510 East First Street. No specific plans were submitted. City of Ammon water and sewer has not been extended to that area. No action was taken, and the developer was requested to submit additional information for Planning and Zoning consideration. The Commission discussed the amendments to the planning and zoning requirements of municipalities in regards to manufactured housing as adopted by the State Legislature, but no action was initiated. The question was posed whether or not the sign change requested by Valley Care Center requires a public hearing or other action by the City Council. The City Clerk read the following motion of the Planning and Zoning Commission as recorded in their minutes of March 7, 1995: "Jim Southwick moved to recommend to the City Council to approve a special use permit for the installation and erection of a proposed single sign to replace the two signs presently in place conditional upon the applicant submitting a request for a rezone of the property to C-l. Brian Taylor seconded the motion. Voting was unanimous. The motion carried." The City Council discussed the proposal of Vail.il!eu Care Center and the recommendations of the Planning and Zoning Commission. The properties in that vicinity on the north side of East 17th Street, except for Valley Care Center and Valley Living Center, are all zoned commercial. It would be good to rezone these two facilities to make the zoning uniform. However, at the present time there are two sets of owners involved, but this is subject to change. Although the sign does not conform with the zoning requirements, it is in the best interest of the City to have one centrally located sign rather than the two existing signs. Approval was given for the existing signs prior to their installation. Attorney Anderson advised that the City Council could recognize the new sign as a continuance of the non- conforming use. The Council authorized issuance of a permit to replace the two existing signs at Valley Care Center with one sign according to the plans submitted, to recognize the sign as a continuance of the non-conforming use, and to request that the owners consider applying for a zone change to C-l when the application can cover both facilities. Installation of the new sign should be under the direction of Public Works Director David Wadsworth. When Valley Care Center changed ownership, the transaction was recorded in the name of "Life Care Center of Idaho Falls" and that is how their new sign is designed. Since the facility is within the City of Ammon and not City of Idaho Falls, the Council requested that their sign include "Ammon" on it in some way. Councilman Maeser moved to approve the minutes of City Council Meeting held March 2, 1995. The motion was seconded by Councilman Crandall. Roll call vote: Maeser- Yes; Crandall - Yes; Loveland - Yes; Hall - Yes. The motion carried unanimously. Councilman Crandall moved to approve the non-commercial kennel license for Rigo Gonzales, 2015 Curlew Drive, as presented at City Council Meeting on March 2, 1995. I I I I I I 196 March 16, 1995 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 Home Occupation Permit for Linda Baldwin, 3450 Rich Lane, as presented at City Council Meeting on March 2, 1995. The motion was seconded by Councilman Crandall. Roll call vote: Maeser - Yes; Crandall _ Yes; Hall - Yes; Loveland - Yes. The motion carried unanimously. At City Council Meeting on March 2, 1995, a Public Hearing was conducted to consider the request of Cantlon Properties to rezone the property now occupied by Jerry Bergeman and Sons Auto Repair, 2500 East 17th Street, from C-l to HC-l. The property is part of the Ammon Town Center development, and the developers want uniform zoning for all the property involved. A hearing was held before the Planning and Zoning Commision on February 7, 1995, following proper legal require- ments for advertisement of the hearing, and their recommendation was to approve the rezone. The hearing before the City Council followed proper legal requirements for advertisement of the hearing, and no interested parties attended to give input for or against. Councilman Crandall moved to approve the request of zone change for Cantlon Properties/Ammon Town Center for the Jerry Bergeman parcel from C-l to HC-l. The motion was seconded by Councilman Maeser. Roll call vote: Crandall- Yes; Maeser - Yes; Hall - Yes; Loveland - Yes. The motion carried unanimously. In view of citizen opposition to constructing a City Building on the corner of Midway Avenue and Southwick Lane in North McCowin Park, the Council agreed to look at alternate sites. Mayor Ard reported on property on the east side of South Ammon Road between the Ammon LDS Stake Center and Brookfield Lane. Jay Johnson recently purchased this property from Rex Shurtliff, but he has agreed to sell it to the City. The parcel contains 2.3 acres and is 270' on Brookfield X 380' on Ammon Road. Mr. Johnson purchased the property for $65,000 and he will sell it to the City for $65,000 plus accrued interest on his bank note at the rate of 12% since February 15, 1995. Randy Trane reported on two other alternate sites: Owen Street across from Sand Creek Middle School Owner: Donald and Carolyn Bjornson Lot #1, Blk #2 approximately 16,900 s.f./.3879 acre = $12,000 Lot #1, Blk #3 approximately 15,600 s.f./.3581 acre = $12,000 Remaining property requirement possible from Hillcrest High School 17th Street East of the City of Ammon Fire Station Owner: Lewis and Wydena Nielsen Frontage on 17th Street - 116 Feet Depth - 340 Feet 39,000 s.f. .89 acre = $130,000 to $150,000 A discussion followed on the alternate sites for a City Building. Little interest was expressed for the Bjornson property because of size, and it is located in an already congested area because of Hillcrest High School and Sandcreek Middle School. The cost of the Nielsen property eliminated that site. Sally Ellis reported she had contacted neighbors in the vicinity of the Brookfield/Ammon Road site to obtain their input. Some were in favor, some were not in favor, and some did not voice an opinion, but she did not encounter great opposition. Councilman Crandall declared conflict of interest because his residence is across the street on Brookfield Lane, but as a citizen he approved of the Ammon Road site. Theone Smith and Darwin Murri voiced their approval. Mayor Ard stated he would be in favor of making a move to puchase the property from Jay Johnson, because he believes it would be an asset for the City. Favorable features were pointed out regarding the location, the size of the parcel, access, and parking. Budgetwise the City should be able to handle the purchase. Mr. Johnson advised, if the City purchases his property and is not able to use it, he would like the option to buy it back. Councilman Hall moved to purchase the Johnson property with the intent of constructing a City Building on it. The motion was seconded by Councilman Loveland. Roll call vote: Hall - Yes; Loveland - Yes; Maeser - Yes; Crandall- Abstained. The motion carried. Mayor Ard asked Jay Johnson to make arrangements to close the deal as soon as possible. Mr. Johnson inquired if it would be necessary to purchase title insurance since a policy had just been issued when he purchased the property from Rex Shurtliff. Attorney Anderson stated it would not be advisable for a municipal corporation to puchase property without title insurance. The City Clerk was instructed to set up the hearing process for a special/conditional use permit for a City Building to be built on the Ammon Road/ Brookfield Lane site. 197 March 16, 1995 It has been recommended that the City Council consider changing the names of two streets. In the Ammon 17th Street North subdivision, Kamekae Road should be changed to Trailwood Drive to provide continuity with the Trailwood Village subdivision. In Trailwood Village Division No.1, Bonneville County Surveyor has requested Forest Trail be renamed because of a duplication in the county. The developers selected the name of Devonwood for the change. Councilman Crandall moved to approve the name changes of Kamekae Road to Trailwood Drive and Forest Trail to Devonwood. The motion was seconded by Councilman Hall. Roll call vote: Crandall - Yes; Hall - Yes; Loveland - Yes; Maeser - Yes. The motion carried unanimously. A twenty-eight acre piece of the Suitter property east of the home at 2510 East First Street has been sold to Dr. Stephen Marano. He has plans to develop some of this property for a day-care school. The City water and sewer lines have not been extended to that area. The Planning and Zoning Commission requested Marano to submit additional plans before making their recommendation. Attorney Anderson advised that Marano should be required to enter into the development agreement as a party. It is not feasible to extend water and sewer lines for one building, but the City needs to maintain control for future development. Fire Chief Smith reminded there is no fire hydrant for fire protection to that property. There are problems to be solved with the proposed development, and the developer needs to take his plans back to the Planning and Zoning Commission for their recommendation before the Council takes any action. Dr. Craig Hall explained his plans to develop his property on Ammon Road from Legends Convenience Store south to Mike Armstrong's apartments at 1830 South Ammon Road. Various ideas have been explored, but he proposes at this time to develop the parcel which is approximately 150' X 150' with seventy storage units. This should be a low key project. Mike Armstrong has given his approval. The Planning and Zoning Commission recommended approval of the project provided the City Council makes a determination that storage units are an acceptable use in a C-l zone. Also, the Planning and Zoning Commission recommended restricting access on to Ammon Road. When Ammon Road was reconstructed, Mr. Hall was allowed two curb cuts for his property. He does not want to give up the curb cuts as established. Traffic into the units would be minimal. Plans provide for a nineteen foot landscape buffer next to the apartments. The Council determined Mr.Hall needs to apply for a special/conditional use permit. The City Clerk was advised to initiate the necessary advertising for a public hearing on April 6, 1995, to consider granting of such a permit. Dixie Delaney requested the City Council to make a determination as to whether or not the animal overlay applies to the properties in the Southwick Addition on the south side of Southwick Lane (Lots 2, 3, 4, and 5 of Block 3). Engineer Benton discussed the problem. On July 26, 1972, the Planning and Zoning Commission minutes recommended areas to be designated for OL6 (animal overlay). Blocks 1 and 2 of Southwick Addition Division No. 1 were included in this recommendation. Then on January 17, 1973, the Planning and Zoning minutes read: "Garth Cunningham made the motion to extend the OL6 in the Southwick Addition south to a line that is 150 feet north of the north side of Circle S Drive. Seconded by Lynn Richardson; voting unanimous in favor." The zoning map dated January 1973 shows the OL6 on the lots on the south side of Southwick Lane. After many months of careful study and deliberation the Planning and Zoning Commission submitted their report on March 22, 1973, to the City Council recommending the adoption of the new zoning ordinance and zoning map for the City of Ammon. On December 19, 1973, the City Council adopted the ordinances including the zoning ordinance. A zoning map dated January 1976 shows the OL6 on the lots on the south side of Southwick Lane, but the zoning map dated June 1978 does not show those lots to have OL6. There is no record from January 1976 to June 1978 to show that the animal overlay was removed. It appears the OL6 on the south side of Southwick Lane was inadvertantly left off. It was determined by the City Council that the animal overlay still applies to Lots 2, 3, 4, and 5 of Block 3, Southwick Division No. 1 as stated in the Planning and Zoning minutes of January 17,1973. Engineer Benton will designate this determination on the new zoning map. It was pointed out to Mrs. Delaney that properties zoned with OL6 need to comply with City Code Police Regulations (6-2- 16) Keeping or Maintaining Certain Animals Prohibited). The City has need for citizens to serve on three committees. A replacement is needed for Paula Loveland on the BMPO Citizens Advisory Committee. A replacement is needed for Brad Hall on the Ammon Urban Renewal Committee. The Bonneville County Commissioners called for a representative from the City of Ammon to serve on the Citizens Advisory Committee for the County Comprehensive Plan. The Council brainstormed some ideas. Eldon Harker is negotiating to buy Lot 2, Block 1, Ammon Meadows Division No.1. He is interested in obtaining a variance on the setback requirement for an accessory building. He wants to set a storage shed closer than twenty-five feet from the back property line. This has been a problem with other properties in this I I I I I I March 16, 1995 198 subdivision because of the size of the lots. The Council initiated action to rezone the subdivision from RPA to R-l to eliminate this problem. The residents wanted to change the setback, but they did not want to change the zone. The City Council conducted a public hearing but action was never completed. The issue was discussed to determine a solution for Mr. Harker. One solution to consider is to extend the R-l zone of the Westwood Addition to include Lots 1, 2, and 3 of Block 1 in Ammon Meadows Division No.1. This would include the property Mr. Harker is interested in. Mr. Harker was asked to contact the other two property owners involved in these lots to obtain their approval for rezone to R-l. If the adjacent property owners agree, the City Council will consider a rezone from RPA to R-l of Lots 1, 2, and 3, Block 1 of Ammon Meadows Division No.1. The necessary hearings have already been held, and the Council requested that the minutes reflect that actin will be taken on April 6, 1995. Reports: Fire Chief Cal Smith reported for the Fire Department. The new fire code states that fire access roads shall have twenty feet unobstructed. Now that Circle S Drive has been opened to a through street, it would be beneficial for the Council to consider restricting parking to one side of the street. The department is concerned about getting an emergency vehicle down Circle S Drive. It has been difficult to get citizen cooperation on restricted parking. Throughout Ammon many of the new homes do not have house numbers. It is difficult to locate addresses. It was brought out that many old houses as well as new ones do not display numbers. Ideas were discussed on how to motivate the residents. It was suggested the newsletter advise residents that it is critical for them to display their house number for their own protection. The Council asked about the status of a well permit for a new well. If we can't get a well permit, the City may consider a variable pump or another storage tank. Engineer Benton will follow through. Claims were approved. Councilman Hall moved to adjourn the meeting, and the motion was seconded by Councilman Crandall. The meeting was adjourned at 9:52 P.M. ~~jSJ MAYOR-- ATTEST '1 -'/ ,/1 J (/LLe-L'7J ~ : :l=-~~ CITY CLERKC~/