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Council Minutes 05/16/1991 I I I Book 7-339 May 2, 1991 May 16, 1991 CITY OF AMMON May 2, 1991 Minutes of the Regular Meeting of the Mayor and City Council: The meeting was called to City Officials present: Mayor C. Bruce Ard Councilman Harvey Crandall Councilman Greg J. Maeser order at 7:30 P.M. by Mayor C. Bruce Ard with the following Public Works Director David Wadsworth City Clerk Aleen C. Jensen Absent: Councilman Marvin J. Anderson Councilman Ira K. Hall Attorney W. Joe Anderson Engineer David E. Benton No official business was conducted at this meeting due to lack of quorum. cussed were the uses of the recently purchased weed sprayer, waste sanitary landfills, and D.O.E.'s Draft Environmental Impact Statement for Construction and Operation for New Production Reactor Capacity. Items dis- recycling, the Siting, Councilman Crandall moved to adj ourn the meeting, and the motion was seconded by Councilman Maeser. The meeting was adjourned at 8:20 P. M. -~~.\. ....,....".,w.. " /"',.,. J I I ' \ - .... MAYO~'::::::? ATTEST ') /U~"<:7J (!, \/~";tt-;t.~;tJ CITY CLERK l:~/ CITY OF AMMON May 16, 1991 Minutes of the Public Hearing and Regular Meeting of the Mayor and City Council: The meeting was called to City Officials present: Mayor C. Bruce Ard Councilman Harvey Crandall Councilman Ira K. Hall Councilman Greg J. Maeser order at 7:30 P.M. by Mayor C. Bruce Ard with the following Engineer David E. Benton Public Works Director David Wadsworth Fire Chief Cal Smith City Clerk Aleen C. Jensen Others present were: Etsel and Maxine Sommer, 2990 Romrell Lane, Ammon Ralph and Edna Cunningham, 3285 Molen Street, Ammon Joanne Doan, 3265 Molen Street, Ammon Bernice McCowin, 3623 East 17th Street, Idaho Falls Absent: Councilman Marvin J. Anderson Attorney W. Joe Anderson The Pledge of Allegiance to the flag was directed by Mayor Ard, and the invocation was offered by Councilman Crandall. Mayor Ard opened the Public Hearing to consider the request of Etsel and Maxine Sommer, 2990 Romrell Lane, for a variance to allow them to build a two-car garage on the south side of their house. This house was built in 1974, but it has had extensive remodeling by various owners. The original garage was converted into living space. Mr. Sommers explained that he had purchased fifteen feet of property from Ralph Cunningham which should allow him to build with an adequate sideyard. However, due to the lot layouts, the fifteen feet purchased from Cunning hams will only have an eight foot rear yard. A rear yard variance is needed. Proper Notice of Hearing was published in The Post-Register on April 30, 1991, and all property owners within 300 feet were notified by mail. Cunninghams and Doans, adjacent property owners on the south and west, expressed no opposition to the proposed variance. Councilman Maeser advised that the Planning and Zoning Commission recommended approval of the variance because of the uniqueness of lot divisions throughout the original Ammon townsite. Mayor Ard closed the Public Hearing. Councilman Maeser llloved to approve a rear yard variance for Etsel and Maxine Sommer, 2990 Romrell Lane, as recommended by the Planning and Zoning Commission. The motion was seconded by Councilman Crandall. Roll call vote: Maeser - Yes; Crandall - Yes; Hall - Yes. The motion carried unanimously. 340 May 16, 1991 Bernice McCowin represented the Connnunity College Connnittee to solicit the City of Ammon's involvement. Tim Hopkins and Reed Moss are Co-Chairmen of the connnittee, and Mrs. McCowin is Executive Director. Her responsibility is to educate citizens of Bonneville County on what a connnunity co11egeis, the need for one, the benefits, and the effect on the economy. She requested permission from the City Officials to include Connnunity College educational materials in any mailings before October 1, 1991, the voting date. The Council discussed whether or not the City should be involved in distributing such material. It was determined that expansion of the present Eastern Idaho Technical College could affect Annnon since it is located on our western boundary line, and the material in question is of an educational nature. Therefore, the City Council agreed to seek out a Scout or Scout troop to distribute the spring newsletter and to include the Connnunity College brochures. Councilman Crandall discussed park improvement ideas. The McCowin family has I expressed a desire to do something of a lasting nature for McCowin Park. It was suggested a shelter, similar to the ones located at B1acktai1 Boat Dock, be built between the two ball diamonds across from the swinnning pool. An estimated cost for materials would be $735.. Bernice McCowin was receptive to the shelter idea, and she asked the City to send her the bill when it was completed. The funds in the amount of $500 received from the Bonneville County State Centennial Connnittee will be used for improving the entrance to McCowin Park on the Hi11view side. Plans are to pour a cement retaining wall around an area to be landscaped with shrubs and to include a drinking fountain. For sometime the City Council has recognized a need to make changes in the home occupation permit requirements. The present ordinance does not allow home occupations in the RP or RPA zones. Therefore, home occupations have been zoned out, but the City has not enforced them out. As a result a number of home businesses are operating illegally. The Planning and Zoning Connnission was asked to study the problem and to make a reconnnendation. They have submitted the following: RECOMMENDATIONS TO AMMON CITY COUNCIL FOR CHANGES IN RP AND RPA ZONE HOME OCCUPATIONS. Below is the home occupations section as it appears now, with the items underlined that are reconnnendations to be added or deleted as noted. 11-5-27 H. Home Occupations. I The term "home occupation" applies only to such uses which may be conducted within a residential dwelling without in any way changing the appearance or condition of the residence. Before the Zoning Administrator shall issue a permit for a home occupation, the following conditions must be met: 1. No employment of help, other than the members of the residing family. 2. No more floor space than percent of the ground floor in the home occupation. the equivalent of twenty-five (25) area of the dwelling shall be used 3. The use traffic. shall not generate excessive pedestrian (ADD TO - nor impede vehicular traffic). or vehicular 4. No storage of materials or supplies outdoors, (ADD TO or equipment) use of connnercia1 vehicles for delivery of materials to and from the premises. 5. No signs or advertising shall be permitted on the premises (DELETE FROM - except one name plate, not exceeding two hundred twenty-six (226) square inches). I 6. In no way shall the appearance of the building be so altered, or the occupation conducted in such a manner as to cause the premises to deviate from its residential character, either by color, materials or construction, or by lighting, signs, sound or noise vibrations, etc. 7. There shall be no use of utilities or connnunity facilities beyond that reasonable to the use of the property for residential purposes. 8. The applicant shall sign a statement that he is aware of all requirements and conditions under which approval of the home occupation is given, and that if any of said requirements or I I I conditions are Said statement Occupancy. Book 7-341 May 16, 1991 null and void. Certificate of violated, approval shall become shall become a part of the IN ADDITION TO THE CHANGES LISTED ABOVE THE FOLLOWING ITEMS ARE RECOMt1ENDED. 1. Require a signed statement from both adj acent and facing property owners stating their approval. Also, a signed statement from 80% of the remaining property owners within 300 feet of the property in question stating their approval. This statement to be re-signed each year prior to the reissuing of the home occupation permit. 2. Recommend review the price of the fee charged for the permit. Does $10.00 really cover the costs incurred by the city for processing. 3. We would also recommend that if these changes are enacted the city make every attempt possible to enforce the home occupation in all zones. The permit should be required wherever there is a home occupation. 4. There will be some home occupations in existence that can not meet the new standards and will need action by the city council. Some of these were in existence prior to being annexed into the city and will need to be grandfathered. During the review of the Planning and Zoning Commission recommendations, Councilman Maeser questioned requiring approval of adjacent property owners. He cited Idaho District Court Decision, City of Meridian v. Perkins, Fourth District Court (Ada County Case No. 93197), January 4, 1991 -- Zoning -- Neighbors' Consent Requirement Held Invalid. The case involves a different problem but the reasoning is the same. Home occupation permit requirements could be a controversial issue. So Mayor Ard asked the Council to carefully review the facts and prepare to discuss further and/or take action at Council Meeting on June 20. Councilman Hall moved to approve the minutes of the City Council Meetings held April 18 and May 2, 1991, as written. The motion was seconded by Councilman Maeser. Roll call vote: Hall Yes; Maeser Yes; Crandall Yes. The motion carried unanimously. Spring Cleanup Day is scheduled for June 1. service for the residents on this Saturday. The City will provide extra garbage Mayor Ard discussed swimming pool operations. Consideration was given to applications for a pool manager, employee costs, fees, and pool maintenance. The most promising manager applicant is Mark Nielsen. The Council authorized the Mayor to negotiate with Mark and to work out the operation details. Mayor Ard proclaimed the week of May 20-27, 1991, as "Buckle Up America!" week. He encouraged citizens of Ammon to join in the observance (1) to increase awareness of Idaho's safety and child restraint laws and law enforcement efforts and (2) to increase correct usage. The Comprehensive Plan interpreted the purpose making changes to the Commission has scheduled the Comprehensive Plan. for the City of Ammon was discussed. Council members of such a plan as they understand it. Also, procedures for long range plan were reviewed. The Planning and Zoning a work meeting on Tuesday, May 28, to consider changes to Reports: David Wadsworth reported for the Public Works Department. The crew is busy getting the parks ready for the summer season. Engineer Benton reported on correction of the legal description for the School District No. 93 Subdivision as requested by the State Tax Commission. There was a discrepancy between the description on the subdivision plat and the one in Ordinance No. 220. Both descriptions are correct. However, there is difference because all of Sunnyside Road is included in the plat but only a portion of Sunnyside Road where the school property and Felt-Waite Addition join is included in the annexation ordinance. This was purposely done to comply with the state law that half a road cannot be annexed. Fire Chief Cal Smith reported on the Ammon Volunteer Fire Department. The auxiliary, under the direction of Pam Wright, has launched a project to collect recyclable aluminum cans to earn money to replace the siren with individual pagers. There is a possibility to obtain some used pagers. A request has been received for input re- garding hazardous materials, and Fire Chief Smith agreed to investigate further to 342 May 16, 1991 June 6, 1991 determine what Ammon needs to do about it. The state will sponsor, at no cost to the City, a First Responder Course which is a greater-than-average First Aid Course provided Ammon submits a request and can justify the need. Another firefighter training program is available through State Vocational Education at a cost of approxi- mately $1426, and the department would like to go with this program. Chief Smith was advised to work with Councilman Maeser to decide about the program. A pump evolution was completed in Tie Breaker, but problems were experienced because of fluctuations in pressure. Engineer Benton encouraged the Fire Department to be careful with such tests so they don't create problems with the water system. Public Works Director Wadsworth assured that adequate water pressure could be provided in case of an emergency. Councilman Crandall was reminded to search out some recommendations on new furniture to upgrade the City Council room. I Councilman Maeser called attention to a letter from the Bonneville County Sheriff's department requesting an increase of $35,000 in the law enforcement agreement for the 1992 Fiscal Year. It was suggested a meeting be setup to negotiate with the County. Robert and Donna Webster, 3590 Ross Avenue, applied for a renewal of their license for a shaved ice stand on the corner of Ammon Road and Sunnyside Road. They have been operating it on Lennis Tirrell's corner for two years, but he has refused them this year. So they want to move to LaVern Judy's corner if the City does not object. The Council expressed no objection provided the stand does not interfere with traffic. At the present time, no fee will be charged for residents to obtain a fire permit for open burning. The Council expressed concern that the Ammon Road project is moving slowly. Forsgren Associates advised they are waiting for state approval on valuations before the property owners can be contacted about right-of-way acquisition. Claims were approved. Councilman Crandall moved to adjourn the meeting, and the motion was seconded by Councilman Hall. The meeting was adjourned at 9:25 P.M. ~j I ATTEST UUR----?0/ CITY CLERK /l ~ / L:, . ./2-t:t.--~;$C/ ,y. CITY OF AMMON June 6, 1991 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 Harvey Crandall Councilman Ira K. Hall Councilman Greg J. Maeser City Clerk Aleen C. Jensen at 7:30 P.M. by Mayor C. Bruce Ard with the follow- Attorney W. Joe Anderson Fire Chief Cal Smith P&Z Representative Kathryn Dansie Public Works Dir. David Wadsworth Others Present: Michael Nye, Utah Power, Shelley Office Debbie Smith, 1960 Curlew Drive, Ammon Absent: Councilman Marvin J. Anderson Engineer David E. Benton The Pledge of Allegiance to the flag was directed by Councilman Maeser, and the invoca- tion was offered by Councilman Hall. I Kathryn Dansie reported that the Planning and Zoning Commission reviewed and recommended approval of the plat for ~ie Breaker Village Division No.6 which includes of Div. No.5, Block 4, Lots 29 thru 32; Div. No.2, Block 4, Part of Lot 15 and Lots 16 thru 20, Block 5 Part of Lot 5, Block 6 Lots 1 thru 10, Block 7 Lots 1 thru 14. Work has been done on the ~omprehensive Plan, and the Planning and Zoning Commission will consider changes at a Public Hearing scheduled for Tuesday, July 2, 1991. They plan to include in their hearing changes in the wording of the Comprehensive Plan to make it more workable, changes to the future land use map, elimination of the medium density residential designation so there is either high or low density, decrease of the amount of industrial in the southeast corner of the City, and limitation of a replat