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Council Minutes 9/12/2006 (37) CITY OF AMMON April 20, 2000 I Minutes of the Regular Meeting of the Mayor and City Council: The meeting was called to order by Mayor C. Bruce Ard at 7:30 p.m. in the City Building, 2135 South Ammon Road, Ammon, Idaho, with the following City Officials present: Mayor C. Bruce Ard Council member Harvey L. Crandall Council member Leslie Folsom Council member Ira K. Hall Public Works Director David Wadsworth Attorney W. Joe Anderson Fire Chief Clarence Nelson City Clerk Aleen C. Jensen I Others Present: Paul and Jordan Fielding, 1078 East 1300 North, Shelley, ID Peggy Willis, 3470 Rawson, Ammon Jerry Mitchell, 3751 Marlene Street, Ammon Colleen, Devin, and Cort Pincock, 4135 Ross, Ammon Gawn and Jess Reid 3235 Ross, Ammon Steven Killian, 3250 Ross, Ammon Greg and Jason Alder, 3760 Geneva, Ammon Bill K. Shurtleff, Bonneville County Commissioner Roger S. Christensen, Bonneville County Commissioner Scott Taylor, 2359 Belmont, Idaho Falls James McCarthy, 2859 Galway Court, Idaho Falls Jeff Miller, 390 Advantage Lane, Ammon Andy Harvey, 1625 Highline Drive, Idaho Falls Marshall and Nathan Riggs, 1885 Ross, Ammon Allen and Jacob Lundeen, 3866 Brookfield Lane, Ammon Calvin Cox, 3686 S. Schweider Lane, Idaho Falls John and Nancy Willis, 1147 North 1350 East, Shelley Cindy Donovan, 3725 E. Sunnyside Road, Ammon Tom Hunsaker, 2925 Carolyn Lane, Ammon Ivy Berry, 3740 Georgia Lane, Ammon Brittani Harada, 1905 Riviera Circle, Idaho Falls Absent: Councilmember W. Lee Bean Engineer Bill Manwill Councilmember Hall led the Pledge of Allegiance to the Flag, and Councilmember Bean offered a prayer. Mayor Ard welcomed the Boy Scouts. I Jerry Mitchell, 3751 Marlene Street, requested a home occupation permit to move his business, Mica Benefits, from 703 John Adams Parkway, Idaho Falls, to his home in Ammon. The move will be permanent. The employees consist of himself, his wife and his daughter. There will be little increase in traffic. His property is zoned R.P. Business will be conducted mostly by mail, fax, or e-mail. No ground floor will be used for the business. It will be conducted in about one-half of the basement. Mica Benefits provides administrative services to about eighty-five clients. Council member Crandall moved to approve the home occupation permit for Jerry Mitchell, Mica Benefits at 3751 Marlene Street. Council member Folsom seconded the motion. Roll call vote: Crandall - Yes; Folsom - Yes; Hall- Yes. The motion carried. ....IIIIIIIl City Council Minutes, April 20, 2000 - Page 2 I Bill K. Shurtleff and Roger Christensen, County Commissioners, addressed the Mayor and City Council regarding the Area of Impact Agreement between Bonneville County and City of Ammon. A map was presented to show the city limits of Idaho Falls, the city limits of Ammon, and the original impact area for the City of Ammon according to the agreement entered into in 1980. One of the reasons for bringing this to attention is the County is in the process of setting up an Area of Impact with the City of Idaho Falls. Idaho Falls has actually annexed into the City of Ammon impact area. The original impact area line between Idaho Falls and Ammon followed Sand Creek. The City of Idaho Falls would like to hold to the Sand Creek line to the north, but they would like to move away from it to the south. The Commissioners would like input from the City of Ammon regarding our desires and where we are headed. Impact areas can not overlap. At the present time the City of Idaho Falls does not have a negotiated Area of Impact. Ideas were brainstormed. The Commissioners left the map and the County ordinance. The City Council was asked to continue to think through the impact area boundaries and to get back with the Commissioners. The Sunnyside Road Project is still on schedule. Plans are to continue the construction in 2002. As soon as City of Idaho Falls completes the final design details, the entities will assemble. At that time, right-of-way acquisition will begin. The basic project includes curb, gutter and sidewalks. Anything in addition is the responsibility of the individual entity. I Ivy Berry discussed the Knothole Baseball Program with the City Council. The program is growing. She requested the City to build a shed by the diamonds to house the pitching machine and other equipment. The program is getting too large for the Berrys to keep the equipment at their house and to carry it back and forth to the playing field. Ideas for a shed were considered. It was agreed to get together some ideas on a location for a shed and for some costs. Tom Hunsaker reported for the Planning and Zoning Commission activities. The Final Plat for Briarwood Division No. 1 was recommended for approval. Kim Leavitt of Harper-Leavitt Engineering presented a Preliminary Plat for Oak Ridge Addition. This is the Anderson Lumber Company property, which has been purchased by Arave Construction. The preliminary plat was approved with the stipulation that the west access on to East 17th Street be eliminated, the match road from Oakwood Drive to the Trailwood Village addition be closed, a match road be constructed in the northeast corner from Emerald Drive to the cul- de-sac in Trailwood Village, a through road go to the north from Emerald Drive in the Northwest corner; and with some name changes for Emerald Drive. A revised site plan for the First Amended Plat of Ricks Farm Division No. 1 was recommended for approval. The revision proposed the location of three signs. One sign is a pylon sign for Ameritel/Teton Spectrum and two signs are monument signs for individual tenants. I Attorney Anderson presented the Annexation Agreement for the Homestead Construction, Inc., and Leroy Gagner Property (Eagle Pointe). The plat has been approved. Engineer Manwill has checked the plat and the agreement, and there are no problems. Councilmember Hall moved to authorize the Mayor to sign the Annexation Agreement for the Homestead Construction and Gagner property on the Eagle Pointe Addition. Councilmember Folsom seconded the motion. Roll call vote: Hall -Yes; Folsom - Yes; Crandall - Yes. The motion carried. Attorney Anderson introduced Ordinance No. 272, AN ORDINANCE ANNEXING CERTAIN LANDS TO THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO; DESCRIBING WITH PARTICULARITY SAID LANDS TO BE ANNEXED AND HEREBY ANNEXED AND DECLARING SAID LANDS A PART I City Council Minutes, April 20, 2000 - Page 3 OF THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO; DETERMINING THE PROPER ZONING FOR CLASSIFICATION OF THE ANNEXED LANDS AND TERRITORY UNDER THE ZONING ORDINANCE OF THE CITY OF AMMON, IDAHO; PROVIDING FOR AN EFFECTIVE DATE FOR THIS ORDINANCE AND OF THE ANNEXATION OF SAID LANDS (EAGLE POINTE). The ordinance was read in full. Councilmember Hall moved that the City Council dispenses with the rule requiring the reading of the ordinance on three different days and that the three readings be waived. Councilmember Folsom seconded the motion. Roll call vote: Hall- Yes; Folsom - Yes; Crandall- Yes. The motion carried. Ordinance No. 272 was read by title, and Council member Hall moved the adoption of Ordinance No. 272 as an ordinance of the City of Ammon on its third and final reading. Council member Folsom seconded the motion. Roll call vote: Hall- Yes; Folsom - Yes; Crandall- Yes. The motion carried. I Attorney Anderson advised that the developers of Ammon Ranch (W. LaVern Judy property) are concerned that the description in the findings and conclusion concerning the annexation puts the day care in the R-1A zone. There is not a problem with the zone, but they are of the opinion that a day care is not allowable in the R-1A zone. A request has been made for an amendment to assure the developers that the day care can be built as planned. The descriptions of the areas to be zoned C-1, R-1A, and RMH were discussed. It appears some clarification is necessary regarding the zoning for the day care. Attorney Anderson agreed to study the problem and to propose an amendment if it is necessary. The Development Agreement for Briarwood Division No. 1 was submitted for approval. There are some special conditions in this agreement. The Developer has agreed to pay a pro-rated cost for the waterline that passes his property. The R-1A zone allows one structure with two living units per lot. The drainage is included in the improvement drawings. Council member Crandall moved to approve the Development Agreement for Briarwood Division NO.1. Councilmember Folsom seconded the motion. Roll call vote: Crandall - Yes; Folsom - Yes; Hall- Yes. The motion carried. Attorney Anderson introduced Ordinance No. 273, AN ORDINANCE ANNEXING CERTAIN LANDS TO THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO; DESCRIBING WITH PARTICULARITY SAID LANDS TO BE ANNEXED AND HEREBY ANNEXED AND DECLARING SAID LANDS A PART OF THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO; DETERMINING THE PROPER ZONING FOR CLASSSIFICA TION OF THE ANNEXED LANDS AND TERRITORY UNDER THE ZONING ORDINANCE OF THE CITY OF AMMON, IDAHO; PROVIDING FOR AN EFFECTIVE DATE FOR THIS ORDINANCE AND OF THE ANNEXATION OF SAID LANDS (BRIARWOOD). Ordinance No. 273 was read in full. I Council member Crandall moved that the City Council dispenses with the rule requiring the reading of the ordinance on the three different days and that the three readings be waived. Councilmember Hall seconded the motion. Roll call vote: Crandall- Yes; Hall- Yes; Folsom - Yes. The motion carried. Ordinance No. 273 was read by title. Council member Crandall moved the adoption of Ordinance No. 273 as an ordinance of the City of Ammon on its third and final reading. Councilmember Hall seconded the motion. Crandall- Yes; Hall - Yes; Folsom - Yes. The motion carried. I City Council Minutes, April 20, 2000 - Page 4 Councilmember Hall moved to approve the Final Plat for Briarwood Division No.1. Councilmember Folsom seconded the motion. Roll call vote: Hall - Yes; Crandall - Yes; Folsom - Yes. The motion carried. Jay Johnson encouraged the City of Ammon to pursue collecting the sewer connection fees for the Lawrence Ricks' property. The City is negotiating. The Snake River Montessori School is interested in obtaining different facilities. They are checking out options. One option is to purchase five acres of the Suitter property next to Tie Breaker School. The Montessori School features a special hands on method of teaching. They take students from pre-school up to sixth grade. Members of the Board of Directors discussed their program and their building plans. Purpose of the visit was to obtain information about whether their plans would be acceptable. They asked if the City Council could see any problems with their proposal. They were advised they would need to plan for only one access on to First Street, they would need to obtain a conditional use permit for a school, and they would have to pay a pro-rated cost for the waterline that was extended along First Street across the property. Mayor Ard has received some questions about development of the Suitter property. On the proposed John Adams Parkway, the City has requested a wider right-of-way than the street may be put in. The right-of-way request would hold true. There was a question about the bridge across the canal. The bridge would be the responsibility of the developer. On waterlines, the policy has been to require an eight-inch line. If the City wants a larger line, the City will pay the difference. I The date of the Budget Hearing for the Fiscal Year 2001 was set for September 7,2000. Attorney Anderson has prepared a revised ordinance on massage therapy. Council member Folsom favored setting the age requirement for twenty-one years. It was pointed out this would eliminate some nineteen-year-olds now qualifying though training. The Council was asked to study the revised draft and to recommend any additions or deletions. I Brittani Harada questioned City of Ammon's age requirement to obtain a bartender's permit. An applicant must be twenty-one in Ammon, but Idaho Falls requires the applicant to be nineteen. This seems unfair when on one side of Hitt Road you have to be 21 and on the other side 19 is permissible. Attorney Anderson advised the State has eliminated the need for a bartender's license and the statute provides that at the age of 19 one can serve alcoholic beverages if they are employed by an establishment. They can not consume alcoholic beverages at age 19. There is nothing in Ammon's ordinance that prevents nineteen-year-olds from serving at their place of employment. The Council agreed it would be advisable to amend Ammon's ordinance to make it uniform. Also, Councilmember Folsom recommended eliminating section 4-13-13 pertaining to covering windows and 4-13-14 pertaining to Sunday dancing. Attorney Anderson was instructed to draft an ordinance to make the amendments discussed. Peggy Willis, 3470 Rawson Street wants to replace her singlewide mobile home with a new manufactured home on a permanent foundation. The size of her lot is 77 ft. x 80.5 ft. Because her lot is so small, she cannot meet all of the set back requirements. The rear yard would be six feet short. Mrs. Willis was advised to make an application for a variance. City Council Minutes, April 20, 2000 - Page 5 I Reports: Fire Chief Nelson reported the Fire Department has set the date for their Open House. It will be an Open House - Pancake Breakfast on Saturday, June 10, from 8:30 a.m. to 5:30 p.m. Breakfast will be served from 8:30 a.m. to 1 :00 p.m. followed by the open house. Donations will be accepted for the breakfast. One of the volunteers has been driving Engine 32 around to recharge the battery. The Auxiliary Easter Egg Hunt will be Saturday at McCowin Park. On some fire calls it has been hard to determine who is responsible to respond. Some Bonneville County areas are completely surrounded by City of Ammon. The Planning and Zoning Commission is planning to propose annexations to clean up City boundaries. David Wadsworth reported for the Public Works Department. The crew has been building dumpsters while it has been raining. Contacts have been made to obtain quotes for resurfacing the pool, but there have not been any reports back. Attorney Anderson presented the second draft of the water ordinance to prevent the resale of water. He asked the Council to review it and the proposed ordinance for massage therapy. Randy Skidmore has signed the agreement to make monthly payments to repay costs on the Maiben Avenue paving project. Nothing has been done about the charge for sewer service to the trailer park on Hitt Road and Sunnyside Road. Councilmember Crandall recommended some type of impact fees for new development. Councilmember Folsom reported that at a recent meeting with AIC they discouraged impact fees. In place of impact fees some cities are saying we will annex you, but you need to do this for us in return. I Blair Thueson has submitted a bid to clean the carpet in the City Building. No action was taken. A bill was sent to the School District for extending the waterline on Sunnyside Road across the school property. In return, a letter was received from Roger Hill to advise they did not agree to pay for an extension, and they did not budget for it. The City will check out the agreement. Ron Folsom discussed the Comprehensive Plan and the land Use Map. Changes to the Plan are moving ahead slowly. The Planning and Zoning Commission proposes to have a hearing for the map separate from the text. This will make an up-to-date map available for use while the text is being revised. A yearly review of the Plan and Map will be beneficial for the City and for property owners. Information received by the Folsoms at an AIC workshop was discussed. Claims were approved. Councilmember Crandall moved to adjourn the meeting, and Councilmember Hall seconded the motion. The meetin 'ourned at 10:00 P.M. I ATTEST City Clerk