Loading...
Council Minutes 10/04/2001 CITY OF AMMON October 4, 2001 Minutes of the Regular Meeting of the Mayor and City Council: The meeting was called to order by Councilmember Harvey L. Crandall at 7:30 P.M, in the City Building, 2135 South Ammon Road, Ammon, Idaho, with the following City Officials present: Councilmember Harvey L. Crandall Councilmember Leslie Folsom Councilmember Ira K. Hall Attorney W. Joe Anderson Engineer Bill Manwill Public Works Director David Wadsworth Fire Chief Clarence Nelson City Clerk Aleen C. Jensen Others Present: Paul Kearsley, 770 West Amity Road, Boise, Idaho 83705 Tom and David Hunsaker, 2925 Carolyn Lane, Ammon Kimberly Wilding, 2245 Avocet Drive, Ammon Rob and Mistie Wielang, 3655 Stonehaven Drive, Ammon Neahl Johnson, 4299 Mirinda Lane, Ammon Robert Meikle, Mountain River Engineering Jeff and Roger Sondrup, 1865 Ross Avenue, Ammon Robert Wheeler, 3725 Marlene, Ammon Ryan Covey, 3690 Ross Avenue, Ammon Jacob Welker, 4275 Wanda Street, Ammon Erik Sterbentz, 3817 Marlene Street, Ammon D. Peterson, 3816 Marlene Street, Ammon Mike and Jenifer DeVries, 18320 Heather Circle, Ammon Rashel Cushman, 1985 Eagle Drive, Ammon Absent: Mayor C. Bruce Ard, Mayor Council member W. Lee Bean Councilmember Folsom led the Pledge of Allegiance to the Flag and Councilmember Crandall offered a prayer. Councilmember Hall moved, since Mayor Bruce Ard and Council President Lee Bean were both out of town, that Council member Crandall be appointed Chairman to conduct the meeting. Councilmember Folsom seconded the motion. Roll call vote: Hall- Yes; Folsom - Yes; Crandall- Yes. The motion carried. City Council Meeting, October 4, 2001 - Page 2 Jenifer DeVries, 1930 Heather Circle, requested a home occupation permit to teach piano lessons in her home. The DeVries recently moved to Ammon from Roy, Utah. Jenifer can comply with all the home occupation permit requirements except she has a question about C. C. 10-7 -8 (C). "The use shall not generate excessive pedestrian or vehicular traffic." She wanted an interpretation of excessive traffic because she teaches group lessons. She may have as many as seven cars at her house at one time. It is the neighbors who would have a problem. She was encouraged to work it out with her neighbors. She does not have any employees. Lessons are forty-five minutes long, and she teaches after school on Monday, Wednesday, and Thursday. She uses one room of her house, and they have a three- car driveway. Home occupation permits are subject to review at any time. Councilmember Hall moved to approve a home occupation permit for Jenifer DeVries, 1830 Heather Circle. Council member Folsom seconded the motion. Roll call vote: Hall- Yes; Folsom - Yes; Crandall- Yes. The motion carried. Misti Wielang, 3655 Stonehaven Drive, requested a home occupation permit for a day care. She has been trying to get a State day care license. She tends four children now, and she would like to increase to six or eight children. She takes children during the day beginning at 7:00 AM. She wants children between the ages of one to five years. She has no employees. She uses one room upstairs and one room downstairs. The Council reminded Misti that a home occupation permit is subject to review at any time. Councilmember Folsom moved to approve a home occupation permit for Misti Wielang, 3655 Stonehaven Drive. Council member Hill seconded the motion. Roll call vote: Folsom - Yes; Hall- Yes; Crandall- Yes. The motion carried. Council member Crandall welcomed the Scouts from Troop 208. Their leader, Jeff Sondrup, explained that they were at the meeting to learn. They are working on citizenship in the community. Neahl Johnson, 4299 Mirinda Lane, inquired about street sweeping. He understood that the City does not sweep the streets that do not have curb and gutter. He does not think that is right. All the streets should be swept at least once a year. The City has never swept the streets without curb and gutter. We hire the street sweeping done. The streets that are swept usually get done one time a year. Curb/gutter areas are swept so the street will drain. Jeff Sondrup wanted to know if the City's sweeping policy was a matter of safety, appearance, or functionality. He sweeps his own street. Councilmember Hall responded that it is a matter of finance. There are not enough complaints to justify the cost. Approximately two-thirds of the City has unguttered streets. The pros and cons of street sweeping were discussed. Mr. Johnson would City Council Meeting, October 4, 2001 - Page 3 still like his street swept. It was agreed to check on cost and to discuss the issue at the next Council meeting when the other City officials would be present. Rashel Cushman, 1985 Eagle Drive, returned to get a determination regarding her home occupation permit, dba The Medicine Wheel. At the last meeting, the City Council had concerns about whether Rashel's partner would be classified as an employee. Attorney Anderson was asked for an opinion. He said the determining factor was who owns the premise where the home occupation is operated and who works at that home. Rashel said the co-owner (partner) lives in Idaho Falls. Rashel is the only one running the business at her house. Basically only a small office space is used at 1985 Eagle Drive. Councilmember Folsom moved, since there are no employees at her home, to approve a home occupation permit for Rashel Cushman, 1985 Eagle Drive, subject to review at any time. Councilmember Hall seconded the motion. Roll call vote: Folsom - Yes; Hall- Yes; Crandall- Yes. The motion carried. Tom Hunsaker reported for the Planning and Zoning Commission. Bach Development did a presentation on an apartment complex between the school property and Edwards Theater. They will probably purchase the property and move forward. Plans are to build three-level units with two and one-half levels above the ground. The property is zoned R-3A. Basically the idea is positive. There was nothing to approve. The November Planning and Zoning meeting will be moved to the second Tuesday because of the City election on their regular day. LaRall Kent has purchased the property on the south side of East 1 ih Street between Cabellaro Drive and Legends Convenience Store, which is part of the Hiller Addition. LaRall Kent proposes to build a two-unit townhouse in the southwest corner directly across from the townhouse he is just finishing on the west side of Cabellaro Drive. He requested rezone from C-1 to R-1 A of a parcel 140 feet by 123 feet, which is part of Lot 1 Block 2 Hiller Addition Division NO.1. He could build a townhouse in C-1, but the bank does not want to finance residential property in a commercial zone. The Planning and Zoning Commission held a public hearing and they recommended approval of the rezone. There was a discussion on the plans for the commercial area. The first amended plat and a site plan layout were presented. The site plan provides for more parking spots than are required for professional buildings. Bob Meikle of Mountain River Engineering explained the amended plat and the site plan layout. There will be a buffer between the residential and the commercial. There maybe some revisions to the site plan. Council member Hall moved to dispense with a second public hearing before the City Council and to accept the recommendation of the Planning and Zoning Commission to rezone from C-1 to R-1A the parcel indicated as 140'X123' of Lot 1 Block 2 of the plat City Council Meeting, October 4, 2001 - Page 4 of Hiller Addition Division NO.1. Councilmember Folsom seconded the motion. Roll call vote: Hall- Yes; Folsom - Yes; Crandall- Yes. The Motion carried. Councilmember Hall moved to approve the First Amended Plat of Hiller Addition Division NO.1. Council member Folsom seconded the motion. Roll call vote: Hall - Yes; Folsom - Yes; Crandall - Yes. The motion carried. The First Amended Plat of the Hiller Addition identifies the property as Lots 8, 9, and 10 of Block 2. The Planning and Zoning Commission recommended the lots be recorded as 9A and 9B instead of Lots 9 and 10. Tom Hunsaker continued with his report for the Planning and Zoning Commission. A public hearing was held to consider repeal of portions of and amendments to the zoning ordinance related to sale of liquor by the drink. It was proposed that changes be made to show liquor to be a secondary use for a restaurant in the HC-1 zone. Other proposed language revisions were explained. The City Council will conduct a public hearing on November 1 to consider the proposed revisions as recommended by the Planning and Zoning Commission. Cory Smith of Eastgate Drug filed a request for a landscape variance for the lot planned to be developed on the corner of Midway and 1 ih Street. The lot is about % acre in size, and it is shallow. The Commission recommended that the City Council grant Eastgate Drug the variance from the landscape requirements outlined in the zoning ordinance for commercial buildings. The variance is justifiable. Small commercial lots may have problems with meeting the commercial landscape requirements. One suggestion was to change the requirements for small commercial lots. It was decided that it would be better to handle landscaping for small commercial lots on a case by case basis. Councilmember Hall moved to approve the minutes of City Council Meeting held August 9, 2001. Council member Crandall seconded the motion. Roll call vote: Hall - Yes; Crandall- Yes; Folsom - Yes. The motion carried. Many Idaho communities have been or may be designated by the U. S. Environmental Protection Agency as regulated under Phase II Federal Storm Water Requirements or Total Maximum Daily Loads for urban runoff. To help affected local officials address these federal requirements, the Association of Idaho Cities presented free storm water workshops. Councilmember Folsom attended the workshop in Idaho Falls on October 2. She reported that City of Ammon is targeted for participation in the program. Cities are encouraged to collect background information on the federal requirements and to begin developing their plan. The deadline is March 2003. City Council Meeting, October 4,2001 - Page 5 At their last meeting, the City Council approved for the Fire Department to advertise for bids for a new fire truck. Public Works Director Wadsworth reported there is a possibility that we can "piggy back" and use the specifications on a bid obtained by the City of Idaho Falls or one from City of Hailey. This would eliminate the need for us to advertise for bids. Paul Kearsley of Lake City International said he had recently sold a fire truck to the City of Hailey. A similar truck should adequately meet the needs of the City of Ammon. He explained the truck features. The truck that is available has been used as a demo. It has a 1250 gpm pumping capacity. The Council members were concerned about the pumping capacity. Originally it was determined that we needed 1500 gpm pumping capacity to maintain and/or improve our fire rating. The demo truck has been discounted. The 1250 gpm pump rating should be good for this altitude. Council member Folsom moved to authorize Mayor Ard to negotiate on the fire truck offered by Paul Kearsley. Council member Hall seconded the motion. Roll call vote: Folsom - Yes; Hall- Yes; Crandall - Yes. The motion carried. The Planning and Zoning Commission has been directed to proceed with annexing the County islands surrounded by City of Ammon. Councilmember Folsom recommended that the Council address serving these areas with water and sewer. Will City services be available and will we require them to hook on? Reports: David Wadsworth reported for Public Works. The crew has been busy fixing potholes in the road and repairing water breaks. Signposts have been put up. It has been decided to not put in a French drain at Fox Hollow. The problem can be handled better another way. It is important to maintain swales in the subdivisions where there are no curbs and gutters. There was a discussion about swales and how to insure that property owners provide for them. It was suggested the requirement be part of the development agreement, the protective covenants and/or the title report. It was agreed that the City takes a stand and follows through. The property owner should be made aware of the requirement. If he fills the swale in, he should be notified to clean it out. If he does not clean it out, the City would eliminate the problem and bill the property owner. Attorney Anderson reported that he had received a letter from the Attorney General to acknowledge the concerns of the City of Ammon regarding liquor licensing. Regarding the Jerald and Robin Knight nuisance hearing, Jerald Knight contacted the City Office. He advised that he and Robin are getting a divorce. They will each be living in a half of the house and they want two addresses-one Owen Street address City Council Meeting, October 4,2001 - Page 6 and one Romrell Lane address. Plans are to move the cargo storage units. Council member Hall moved to grant the Knights the two addresses provided the cargo units are moved, but both addresses are to be Owen Street the same as originally addressed when the house was a duplex. Councilmember Crandall seconded the motion. Roll call vote: Hall- Yes; Crandall- Yes; Folsom - Yes. The motion carried. Councilmember Folsom advised that Palisades Park has requested that the late charges applied to their account be waived. They maintain that the City agreed to not include late charges. The charges will be waived when Palisades Park provides a copy of the letter to show that was part of the agreement. Engineer Manwill reported on the Sunnyside Road project. It is looking better for the local project. The Eastern Idaho Railroad Company has encouraged the City to do what we can to discourage use of the railroad right-of-way as a motorized vehicle playground. They have recently completed some maintenance work near the Wanda Street crossing and they are concerned with public safety. Tom Hunsaker inquired about why the 20-mile per hour speed limit signs were taken down from Carolyn Lane. The City is trying to standardize the 25 miles per hour speed limit throughout all of the residential area. Engineer Manwill stated for Tom's peace of mind that the speed on Carolyn Lane probably would not change without the sign. Claims were approved. Council member Folsom moved to adjourn the regular meeting and to go into an Executive Session to discuss personnel matters. Councilmember Hall seconded the motion. The regular meeting was adjourned. Mayor Attest City Clerk