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Council Minutes 9/12/2006 (40) CITY OF AMMON June 1, 2000 Minutes of the Public Hearings and Regular Meeting of the Mayor and City Council: I 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 W. Lee Bean Councilmember Harvey L. Crandall Council member Leslie Folsom Council member Ira K. Hall Attorney Joe Anderson Engineer Bill Manwill Public Works Director David Wadsworth City Clerk Aleen C. Jensen City Office Clerk Connie Guymon Fire Chief Clarence Nelson I Others Present: Cindy Donovan, 3825 East Sunnyside Road, Ammon LaDean Lee, 2275 Curlew Drive, Ammon Shirley Barlow, 2250 Curlew Drive, Ammon DeAnn Martin & Alex Munoz, 2275 Curlew Drive, Ammon Martin Johnson, Willowwood Circle, Ammon Corinna Gibbs, 2910 Carolyn, Ammon Eyra Stokes, 3625 Stonehaven Drive, Ammon Peggy, Nancy, and John Willis, 3470 Rawson, Ammon Roger Hill, Bonneville Joint School District 93 Michael McQuain, Bonneville Joint School District 93 Jeff Miller, 390 Advantage Lane, Ammon Jim E. Bramlette, Idaho Falls Gawn Reid, 3235 Ross Avenue, Ammon Margaret Hanson, Idaho Falls James McCarthy, Idaho Falls Joy Rupe, Idaho Falls Scott Taylor, Idaho Falls Council member Crandall led the Pledge of Allegiance to the Flag, and Mayor Ard offered a prayer. Mayor Ard opened the Public Hearing of the City Council acting as the Board of Adjustment to consider the request of Peggy Willis, 3470 Rawson Street, for a backyard variance. Notice of the Hearing was published in the Post Register on May 16 and May 23, 2000. Notices of the hearing were mailed to property owners within three hundred (300) feet and to other interested parties. The Planning and Zoning Commission considered the request on May 2, 2000, and they recommended approval. Peggy Willis was sworn in to present testimony. I Mrs. Willis explained that she would like to replace a single wide, 12' x 60' mobile home with a double wide, 28' x 52' manufactured home on a permanent foundation. The setback requirements for the front yard and the sideyards can be met, but the backyard lacks six feet. The Council questioned the applicant on the details of her plans. There were no public comments. The Public Hearing was closed. Council member Crandall moved to grant a backyard variance to Peggy Willis, 3470 Rawson Street so she can replace her existing mobile home with a new manufactured home on a permanent foundation. The motion was seconded by Councilmember Hall. Roll call vote: Crandall -Yes; Hall - Yes; Bean - Yes; Folsom - Yes. The motion carried unanimously. Mayor Ard opened the Public Hearing of the City Council acting as the Board of Adjustment to consider a Conditional Use Permit to allow the Snake River Montessori School to I City Council Meeting, June 1, 2000 - Page 2 build a school on the south side of First Street next to Tie Breaker Elementary School on a parcel of land zoned R-1. Notice of Hearing was published in the Post Register on May 16 and May 23,2000. Also, notices of the hearing were mailed to property owners within three hundred (300) feet and to other interested parties. The Planning and Zoning Commission re'commended approval at a special meeting on May 11, 2000. Individuals who desired to present testimony were sworn in. Margaret Hanson represented the Montesorri School and explained their request. The school is a non-profit educational institution for children of pre-school age through the sixth grade. The peak enrollment will be approximately 120 students when all the classes are full. About half of the students are pre-school. The first phase enrollment will be 80 to 90 children. The proposed building will be 11,800 square feet. Plans include four classrooms, an office, a teachers' room, a library, a multi-purpose room, and bathroom facilities. The estimated completion date is September 15, 2000. The Council asked Mrs. Hansen questions. The Montesorri School does not own the building where they are now holding classes. The land directly west of the proposed building site is zoned commercial. There are irrigation ditches down both side boundaries and one in front. The school hours are similar to Tiebreaker Elementary but some students are on an extended hour program. All transportation is by private vehicle, It would be helpful to have the traffic slowed down for the school zone, but the Tiebreaker flashing light would need to be extended if it served the Montessorri School. Plans are to fence off the irrigation ditches. There will be approximately 130 feet of parking area in front. The parking area will be gravel until funds allow for paving. The building has been designed so it can be added to. I Michael McQuain, Public information Officer for Bonneville School District 93, asked why they wanted to build directly next to Tiebreaker Elementary or if there were other options. Also, he wanted to know if the building design will be distinctly different so that people do not associate it with Tiebreaker. When they looked for a building site, they looked around. They were interested in being near their present location and the availability of public utilities. There will be some kind of signage in front. There were no other public comments. Mayor Ard closed the Public Hearing and called for Council discussion or action. The major concern was the irrigation ditches. The ditch along the west side is a secondary ditch used as a waste ditch. The ditch across the front is active only when the farmer is watering his field. Eventually the front ditch will go away. The School is planning to deal with the ditches. Councilmember Crandall moved to approve the Conditional Use Permit for Snake River Montessori School. Councilmember Hall seconded the motion. Roll call vote: Crandall - Yes; Hall- Yes; Bean - Yes; Folsom - Yes. The motion carried unanimously. I Brain and Corinna Gibbs, 2910 Carolyn Lane, requested a home occupation permit. Mrs. Gibbs explained they are engaged in service and repair of refrigeration equipment. The main operation in the home is an office and a telephone. The service truck will be at . their home in the evening. Occasionally UPS will make a delivery. There are to be no signs out front. The repairs are all made at the place of business. There will be no employees. The wife takes the calls and handles the paperwork. The husband does the repairs. Any inventory will be stored in the garage and includes such items as expansion values, fan blades, and a minimum amount of Freon. The safety of children around the home was discussed. Fire Chief Nelson provided some input on Freon. Council member Hall moved to approve a home occupation permit for Brian and Corinna Gibbs, 2910 Carolyn Lane. Council member Folson seconded the motion. Roll call vote: Hall- Yes; Folsom - Yes; Crandall- Yes; Bean - Yes. The motion carried unanimously. Eyra Stokes, 3625 Stonehaven Drive requested a home occupation permit for a pre- school. She has been tending children but wants to change to a pre-school in the fall. She City Council Meeting, June 1, 2000 - Page 3 has a degree and she distributed a copy of her credentials. She would like to have two groups of about 15 or 20. One group would meet in the morning and one in the afternoon. The pre-school will be conducted in the basement. She has a double care garage and there is parking space in the driveway. Her mother will help her. The Fire Department will do a fire inspection on the facilities. It was suggested the applicant obtain neighbor consent. I Council member Bean moved to approve the home occupation permit for Eyra Stokes, 3625 Stonehaven Drive, on condition of her obtaining consent of 75% of the individuals living adjacent and across from the Stokes residence. Councilmember Crandall seconded the motion. Roll call vote: Bean - Yes; Crandall - Yes; Folsom - Yes; Hall - Yes. The motion carried unanimously. LaDean Lee, 2275 Curlew Drive, voiced her concern about parking in the street in the Hillview area. It is hard to get down the street. There has been a "no parking" sign in front of her house for years. Motorists do not pay any attention to the sign and through the years it has become defaced. Cars park on the sidewalks, and there is concern for the safety of children. Parking regulations were discussed. Streets in Hillview Village, Hillsdale Addition, and Peterson Park are all too narrow for street parking. Residents of Peterson Park have objected to no street parking so the City has not tried to enforce it in that area. It is hard to enforce no parking in Hillview and Hillsdale Additions because a majority of the houses were built with single car garages. Now days each family has several cars and small parking areas. Various ideas were considered, but there was no solution. It was the consensus that street and sidewalk parking in some areas of the City is a viable issue; parking regulations should be enforced or eliminated; and parking on the sidewalk should be targeted. I Michael McQuain, Public Information Officer for School District No. 93, expressed thanks for the support of the plant facilities levy. Regarding the responsibility of the School District to extend the waterline to the Ricks property along Sunnyside Road, there is a difference of understanding between the School District and the City. Roger Hill and Michael McQuain referred to the Annexation Agreement and pointed out language which they interpret to mean the School District is not responsible to pay for extending the waterline along Sunnyside Road. They would like clarification. The Annexation Agreement dated February 21, 1991, was reviewed. Attorney Anderson read from the agreement that "extension of the waterline over and across the developers property shall be as shown on the improvement drawings. The improvement drawings should clarify the issue. BMPO has done initial work on the Traffic Study of Owen Street and adjacent areas. I Martin Johnson explained that he has purchased a townhouse on a cul-de-sac in Stonehaven Addition. His lot backs up to a small section of street dedicated as Judy Street in Olson Park subdivision. When Jay Johnson extended Judy Street in his Stonehaven development, he routed it so it did not connect with the piece of Judy Street in Olson Park. Mr. Johnson would like the small piece of Judy Street left because it is a way for him to access the back of his lot and his front access is little. He wanted the City Council to know that he is interested in having the piece of Judy Street left as a dedicated street or he would like to have the opportunity of an easement or a right-of-way through to his property. It will never be a through street the way development has taken place. The Council was oriented to he area. The piece of Judy Street in Olson Park remains a dedicated street until action to abandon it is initiated. Council member Bean will not be at Council Meeting on June 15, 2000. Gawn Reid reported on the Peterson Park walking path. The path has been laid out and excavated. The residents are happy with the project. Paving should begin on Monday. Some cross walks need to be painted. Some of the sod was sold for $715.00. It was suggested that the walking path be designated as a memorial to Devin Beck, who recently died on the park ball field. Public Works Director David Wadsworth suggested it should be a memorial to all the youth who have lost their lives. Gawn Reid was asked to check into a memorial. I City Council Meeting, June 1, 2000 - Page 4 Council member Hall moved to. approve the minutes of City Council meeting held May 4 and May 18, 2000. Council member Bean seconded the motion. Roll call vote: Hall - Yes; Bean - Yes; Crandall - Yes; Folsom - Yes. The motion carried unanimously. The City of Ammon's annual Consumer Confidence Report as required by the Safe Drinking Water Act has been completed with the assistance of DEQ (Division of Environmental Quality). The report is due as of July 1, 2000. The residents need to be notified that it is available. It was decided to publish a notice of availability in the Post Register. The Fire Department has planned a ribbon cutting and open house for the new Fire Station for Saturday, June 10, 2000. The ribbon cutting is scheduled for 8:00 a.m. with a pancake breakfast to follow. Perkins is assisting the department with the breakfast. Everyone was encouraged to support the event. I The Mayor and some of the city Council members met with Bonneville County Sheriff Stommel to discuss our law enforcement contract. The Sheriff's department is working for a grant of $75,000.00 which will have some benefits for the City of Ammon. It is proposed to increase Ammon's contract to help utilize the grant. Council member Hall pointed out one of the interesting .discussions at the meeting. He asked the Sheriff, as citizens of the County, would the Sheriff still have to provide law enforcement for Ammon without. a contract? Sheriff Stommel replied that he had an interpretation from the State Attorney General. Once a City is incorporated, the City is responsible for its own police protection. The only responsibility the Sheriff would have is to respond to life threatening incidents. Attorney Anderson pointed out this is a different interpretation than he was aware of. He would like a copy of the most recent interpretation. About one third of the Sheriff's calls come from Ammon. If the grant is received, the proposal is to increase Ammon's contract $30,000.00 a year for three years. The fourth year would increase $55,000.00. Some of the benefits for Ammon would be a deputy in Ammon, a furnished office in the new fire station, two phone lines, and a car marked Ammon. New citation forms will provide a place to check which entity is involved. There was a discussion about the amount of the fine the City receives. Accurate accounting was promoted. The Sheriff agreed to come to the next Council meeting to discuss the proposal. Reports: David Wadsworth reported for Public Works. The swimming pool resurfacing should be completed tomorrow. Larson Pool Plastering has done a good job. Swimming lessons will begin June 12, 2000. The sod has been laid by the Fire Station and it is starting to green up. We are entering the water break season. Water press,ure is a concern. Wells No.3, No.5, and NO.8 are running. Attorney Anderson presented the redrafts of Ordinance No. 276 and Ordinance 277. He asked for Council direction on what to do about them. The Council agreed they had been studied and revised sufficiently. The ordinances are ready to be adopted. I Ordinance No 276 was introduced by title. AN ORDINANCE AMENDING SECTION 8-3-4 OF THE CODIFIED ORDINANCES OF THE CITY OF AMMON TO ADD TO SUCH ORDINANCE A PROVISION TO PROHIBIT THE UTILIZATION OF A WATER SUPPL V FROM THE CITY OF AMMON WATER SYSTEM TO CREATE A RESALE OF SUCH WATER EITHER BY THE BOTTLE, BULK CONTAINER OR FLOW OF STREAM OF WATER; TO PROHIBIT THE FURNISHING OF WATER FROM ONE PROPERTY TO WHICH SERVICE IS SUPPLIED TO ANY OTHER PROPERTY OR FOR ANY OTHER USE; PROVIDING FOR VIOLATION THEREOF TO BE A PENALTY AND TO BE DEEMED A MISDEMEANOR OR AN INFRACTION; PROVIDING FOR AN EFFECTIVE DATE. The ordinance was reviewed and discussed in full. Councilmember Hall moved to adopt Ordinance No. 276 on the use of water on its third and final reading. Council member Bean seconded the motion. Roll call vote: Hall - Ves; Bean- Yes; Crandall - Yes; Folsom - Yes. The motion carried unanimously. City Council Meeting, June 1, 2000 - Page 5 I Attorney Anderson introduced and reviewed the fourth draft of Ordinance No. 277, AN ORDINANCE OF THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO ESTABLISHING A REQUIREMENT FOR A LICENSE TO OPERATE A MASSAGE ESTABLISHMENT OR TO PROVIDE SERVICES AS A MASSAGE THERAPIST; PROVIDING THAT SUCH MASSAGE ESTABLISHMENTS AND MASSAGE THERAPISTS BE LICENSED; PROVIDING FOR THE PROVISIONS OF AN APPLICATION FOR A MASSAGE ESTABLISHMENT OF MASSAGE THERAPIST; PROVIDING FOR THE TERMS AND FEES FOR LICENSES; PROVIDING FOR QUALIFICATIONS FOR LICENSEES; PROVIDING FOR OPERATING AND SANITARY REQUIREMENTS FOR MASSAGE ESTABLISHMENTS; PROVIDING FOR STANDARDS FOR MASSAGE THERAPISTS; PROVIDING FOR CERTAIN ACTS TO BE UNLAWFUL AND TO GIVE CAUSE FOR REVOCATION OF A LICENSE OR TO CONSTITUTE A MISDEMEANOR AND PROVIDING FOR A TEMPORARY LICENSE PENDING ISSUANCE OF A LICENSE; PROVIDING FOR AN EFFECTIVE DATE. Council member Hall moved to adopt Ordinance No. 277 on its final reading. Council member Folsom seconded the motion. Roll call vote: Hall - Yes; Folsom - Yes; Crandall- Yes; Bean - Yes. The motion carried unanimously. Councilmember Folsom moved to adopt Resolution No. 2000-1 to approve a Summary of Ordinance No. 277 for publication. Council member Hall seconded the motion. Roll call vote: Folsom - Yes; Hall - Yes; Bean - Yes; Crandall - Yes. The motion carried unanimously. I Council member Bean reported on the parks and the ball diamonds. He asked that Peterson Park be watered. North Peterson is scheduled to be worked on Saturday and he asked that the waterline be marked. The Little League is having a tournament in Ammon the week of July 4th. They will use McCowin Park, Lions Park, and Peterson Park. The individuals involved in the program will install some temporary home run fences for the tournament. Now that the walking path in Peterson Park is nearing completion, some benches are needed. The Council discussed ideas for benches. The benches by the walking path in McCowin Park have all been donated. Fire Chief Clarence Nelson explained the detail plans for the fire station open house. Also, he explained about Fire Department response to a fire that was outside the City of Ammon boundaries. Another fire call was to cardboard boxes at Kmart. Claims were approved. Council member Hall moved to adjourn the meeting. Councilmember Bean seconded the motion. The meeting was adjourned at 10:10 p.m. ~Q C::IYUI ATTEST I City Clerk