Loading...
Council Minutes 9/12/2006 (176) 217 July 6, 1995 CITY OF AMMON July 6, 1995 Minutes of the Public Hearing and Regular Meeting of the Mayor and City Council: The meeting was called to order by Mayor C. Bruce Ard at 7: 30 P.M. at the City Building, 3270 Molen Street, Ammon, with the following City Officials present: Mayor C. Bruce Ard Engineer David E. Benton Councilman Harvey Crandall Public Works Director David Wadsworth Councilman Steven J. Loveland Fire Chief Ca1 Smith Councilman Greg J. Maeser Fire Marshal Robert Farrow City Clerk Aleen C. Jensen Others Present: Beth Berselli, Post Register Dara1ee Beck, 3180 Midway Avenue, Ammon Joe Groberg, G.H.G. Investments George Watkins III, 2155 Midway Avenue, Ammon Mark R. Peterson, Peterson Enterprises Kirk Peterson, Peterson Enterprises Jeffrey N. and Bonita Jardine, 2985 Ross Avenue, Ammon Jeremy Wise, 1750 Avocet, Ammon I Absent: Councilman Ira K. Hall Attorney W. Joe Anderson The Pledge of Allegiance to the Flag was directed by Councilman Crandall, and the invocation was offered by Councilman Maeser. Mayor Ard opened the Public Hearing to consider a request of G.H.G. Investments for a change of zone from C-l to GC-l for 7.925 acres in the Trailwood Village Subdivision. Proper legal requirements for advertisement of the hearing were followed, and a recommendation was received from the Planning and Zoning Commission. Parties in interest who desired to present testimony were sworn in by Mayor Ard. Joe Groberg explained the request. The property is owned by G.H.G. Investments (Grobergs) but is optioned for purchase and proposed for development by Rex Stores I Corporation with an audio-video-app1iance retail store (Phase I), a central distri- bution center (Phase II), and a central distribution center (Phase III). The existing zoning will allow the retail store, but it will not allow the warehouse type proposal of Phases II and III. The original request was for a zone change from C-l to GC-l, but the Planning and Zoning Commission was reluctant to recommend GC-l because of the allowable uses. The Planning and Zoning Commission recommends rezone to CC-l, and the owners will accept a CC-l zone if the City Council determines the proposed development qualifies as an acceptable use. The Council discussed uses allowed in the GC-1 and CC-l zones. Discussion brought out that the proposed distribution/warehouse center will be consistent with the uses of the CC-1 zone, but in the event this property is not used for the proposed development any subsequent development would need approval. No input from adjacent property owners was received. The request is compatible with the Comprehensive Plan. Mayor Ard closed the Public Hearing. Councilman Crandall moved to approve the rezone from C-l to CC-1 of the following described real property: Beginning at a point that is N.0006'37" W. 244.02 feet along the East line of Lot 2, Block 2 of Trailwood Addition, Division No. 1 to the City of Ammon, Idaho, from the Southeast corner of said Lot 2, and running thence N.89026'05" W. 397.92 feet to the West line of said Lot 2; thence N.0005'00" W. 159.21 feet; thence N89026'05" W. 178.13 feet; thence N.0012'00" E. 486.99 feet to a point that is 130.00 feet South of the South line of Chasewood Drive; thence S.89047'25" E. 570.06 feet parallel with said South line of Chasewood Drive to the East line of said Lot 2; thence S. 0006'37" E. 652.32 feet to the point of beginning containing 7.925 acres. I owned by G.H.G. Investments and proposed for development with two warehouses by Rex Stores Corporation; the City Council finds the proposed use is in harmony with the intent of the CC-l zone; that a development agreement should be entered into by the City and developer before construction of improvements upon the land; and any subsequent development will be contingent upon an acceptable development agreement. The motion was seconded by Councilman Maeser. Roll call vote: Crandall - Yes; Maeser - Yes; Loveland - Yes. The motion carried. I I I ----------1 218 July 6, 1995 Daralee Beck, 3180 Midway Avenue, requested a home occupation permit to operate a day care dba Pumpkin Patch in her home. She stated that she could comply with the requirements for a permit as outlined in City Code 11-5-27H. Mrs. Beck has obtained a day care license from the State of Idaho to provide care for six to twelve children. Robert Farrow, Ammon Fire Marshal, has made an inspection of the Beck home. The Council did not find a problem with the request provided Mrs. Beck understands that the City of Ammon does not have a day care ordinance and can only grant a home occupation permit provided those requirements can be complied with. Councilman Maeser moved to approve a home occupation permit for Daralee Beck, 3180 Midway Avenue, for Pumpkin Patch. The motion was seconded by Councilman Loveland. Roll call vote: Maeser - Yes; Loveland - Yes; Crandall - Yes. The motion carried. Councilman Maeser moved to approve the minutes of City Council Meeting held June 15, 1995. The motion was seconded by Councilman Loveland. Roll call vote: Maeser - Yes; Crandall - Yes; Loveland - Yes. The motion carried. Councilman Maeser moved to approve the minutes of City Council Meeting held June 1, 1995. The motion was seconded by Councilman Crandall. Roll call vote: Maeser - Yes; Crandall - Yes; Loveland - Yes. The motion carried. Jeff and Bonita Jardine, 2985 Ross Avenue, explained they have been making plans to add on to their existing house, but as they developed their plans they learned their house is located in a designated flood hazard area. In order to build an addition, it is necessary to follow all the rules and regulations of the floodplain ordinance. There is a problem building an addition to meet the floodplain regulations when the existing house was constructed before floodplain regulations were in effect. Jardines are particularly concerned about constructing a basement. One of the neighbors filed a request and obtained permission from FEMA to be excluded from the floodplain for insurance purposes. So Jardines filed a request for exclusion. FEMA has notified them that their existing "structure is now in Zone C, an area of minimal flooding outside the 500-year floodplain. Because portions of the property are in the SFHA (Special Flood Hazard Area), any future construction or substantial improvement on this property remains subject to Federal, State, and local regulations for floodplain management." The letter from FEMA is confusing to Jardines because the surveyor's report indicates all four corners of the property to be above the flood level, yet the new addition apparently has to be constructed as if it is still in. Following discussion, the Council interpreted that the letter from FEMA amends the map (NFIP Map Number 160028, Panel 0001 B dated July 19, 1982) and removes Jardine's property from the floodplain. It was recommended the letter be reviewed by Steve Serr, Bonneville County Planner, to determine if he agrees with the Council interpretation and to obtain instructions for proceeding with the construction of the addition to Jardine's house. Engineer David Benton reported on the extension of the water line from Tie Breaker Drive west along First Street to serve Triple S Convenience Store and the Montessori day care/pre-school on property purchased by Stephen Marano from Suitters. It is estimated Marano and Suitters will contribute $8,000 each toward the cost of the extension and the City of Ammon will finance the balance until it can be recouped from future development. The proposed agreement was discussed. Probably the best agreement is to amend the original annexation agreement. Bonneville County says there is no problem with a utility being constructed in the road right-of-way easement. The day care/pre-school needs the water service by the middle of August. The Council advised Engineer Benton to move on the project as quickly as possible. Quality Water (Michael Jones) prefers to have curb, gutter, and sidewalk to correct the drainage problem at Midway Avenue and East 17th Street. He proposes to do it with a local improvement district, but that is too expensive of a route for one property owner. Mr. Jones should look for private financing unless he will accept a less expensive correction method. The Public Works Department has started placing the poles to establish the street signing in the original Ammon townsite as recommended by the BMPO study. Regarding an access to Well No.5, Councilman Crandall talked to Leah Whitney about an access to the well via her property. Ms. Whitney said she would think about the proposal. The access problem needs to be solved. If the Whitney proposal is not acceptable, the City and Bryce Anderson should work out a suitable alternative and establish how much each is willing to participate. Roger Jones, Branch Manager of Young Electric Sign Company obj ected to the sign permit fee quoted to him for two signs for the new Albertsons store, and the City Council agreed to review the fee schedule. City of Ammon ordinances do not contain much direction regarding signs. The Council discussed size of signs, type of signs, sign permits, and costs based on inspection and plan check fees charged 219 July 6, 1995 Ammon by Bonneville County. It was agreed that a uniform sign permit fee would be in order. Councilman Crandall moved to establish a fee of $75 for a sign permit for any sign that requires a permit. The motion was seconded by Councilman Maeser. Roll call vote: Crandall - Yes; Maeser - Yes; Loveland - Yes. The motion carried. If there is any problem with this fee, the Council will re-evaluate. Engineer Benton gave a progress report on the new well plans. He has checked on securing land in the vicinity of the proposed John Adams Parkway and Tie Breaker Drive. The Council agreed they want to get a well in production this fall. If land is not available, they proposed to drill another well on the Well No. 7 property. Andrews Well Drilling has recommended the City drill a test well. The purpose of a test well was discussed, and it was pointed out that a test well is strictly for information. Alterations to Well No. 7 were considered, but the City will not gain much by changing Well No.7. Engineer Benton explained the plans he recommends including the proposed site, the distribution lines, and provisions for future growth. A question was posed about the advisability of planning for a storage tank, but it was agreed that delivery is more of a problem than storage. The Council instructed Engineer Benton to get the new well out for bid using two options, one with a test well and one without. I Russell Swensen has been working on the walking path in McCowin Park. Part of the path was laid out and sod removed. Councilman Loveland explained the layout to extend the path. In order to conserve funds, volunteer labor is being utilized to remove sod and dirt. As soon as the preliminary preparations are completed, it is not a problem to get the asphalt laid. Mayor Ard introduced Ordinance No. 242 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 FOR AN EFFECTIVE DATE covering the rezone of three lots in Ammon Meadows Division No. 1 and property owned by Richard Skidmore south of Idaho Traffic Safety. The first reading of Ordinance No. 242 was at City Council Meeting on June 1, 1995. 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. Councilman Crandall seconded the motion. Roll call vote: Maeser - Yes; Crandall - Yes; Loveland - Yes. The motion carried. Councilman Maeser moved to adopt Ordinance No. 242 as an ordinance of the City of I Ammon on its third and final reading. The motion was seconded by Councilman Crandall. Roll call vote: Maeser - Yes; Crandall - Yes; Loveland - Yes. The motion carried. Appointments to the Ammon Urban Renewal Board were reviewed. The appointment of Larry Thompson was for one year and that term is up. Mayor Ard agreed to discuss with Thompson about reappointment to the board. Also, Brad Hall has moved out of the City and probably needs to be replaced although he has expressed a willingness to continue. George Watkins III expressed an interest in serving on a citizen committee. Councilman Maeser and Councilman Loveland discussed the duties of the Urban Renewal Board. Mayor Ard recommended that George Watkins III be appointed to the Ammon Urban Renewal Board. Councilman Crandall moved to accept the recom- mendation of Mayor Ard to appoint George Watkins III to the Ammon Urban Renewal Board. The motion was seconded by Councilman Maeser. Roll call vote: Cranda11- Yes; Maeser - Yes; Loveland - Yes. The motion carried. Mayor Ard advised the Council that the City of Ammon is going to be approached regarding industrial revenue bonds for Rex Stores Corporation development. The Mayor and Attorney Anderson have discussed the concept and there is no liability to the City. Unless there is an awareness of a problem, the Council needs to make a motion to state Ammon would be receptive to such a program if it is set up properly. It is apparently a good program which allows the developer to negotiate a cheaper interest rate. Councilman Maeser motioned that we find the Council is receptive to industrial revenue bonds as proposed by developers in the City with I the understanding the City will not be bound in any way whatsoever. The motion was seconded by Councilman Crandall. Roll call vote: Maeser - Yes; Crandall - Yes; Loveland - Yes. The motion carried. Reports: Chief Ca1 Smith reported for the Fire Department. The 1969 International fire engine has a water leak in the tank. A diagnosis of the problem indicates major repairs. The engine is twenty-six years old, and it is near the end of it's life. Chief Smith recommended looking to the new growth coming into the City to help finance the fire protection program. The increased commercial growth places additional demands on the department. These demands need to be addressed. Councilman Maeser recommended that Chief Smith put together some ideas and figures for the 1996 FY budget. Public Works Director Wadsworth agreed to check on fire engine repairs. It was suggested the piggy-back bid ystem be investigated for equipment purchases. I I I 220 July 6, 1995 Councilman Loveland reported he is ready to start on the bathroom repair for Lion's Park. Volunteer labor is being solicited to help with the project. Councilman completed. Bonneville Maeser inquired about the planned road repairs. Some patching has been BECO is scheduled to complete the Ross Avenue area chip/seal project. County is scheduled to chip/seal East Sunnyside Road. Engineer Benton reported on the City Building plans. Some rev~s~ons have been made in the plans in order to reduce costs. It was recommended the City call for a separate bid for installation of the water and sewer lines from Brookfield Lane into the building. It is not an economical job for the City crew to install these lines, however, the City has some pipe on hand that can be utilized. The specifications are in the process of revision so the City Building can be rebid. Human Resources Investment Corporation is interested in developing a 64-unit apartment complex on the east side of Falcon Drive across from Pheasant Estates. They have been instructed to follow the dwelling group (planned) procedures as outlined in the ordinances. The volunteers administering the Knothole Baseball program have inquired about receiving compensation for their time. The program is self-sustaining and monies would need to come from the fees collected. The request will be studied further and Mayor Ard and Councilman Loveland will make a decision. Claims were approved. Councilman Crandall moved to adjourn the meeting, and the motion was seconded by Councilman Loveland. The meeting was adjourned at 9:55 P.M. 5;;.. Q~w' ) MAYOR ATTEST ~J{! 9-~ CITY CLERK ~