Loading...
Council Minutes 9/12/2006 (41) CITY OF AMMON June 15, 2000 I Minutes of the Public Hearing and 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 Councilmember Harvey L. Crandall Council member Leslie Folsom Councilmember Ira K. Hall Attorney Joe Anderson Engineer Bill Manwill Fire Chief Clarence Nelson Public Works Director David Wadsworth City Clerk Aleen C. Jensen Deputy Clerk Connie Guymon I Others Present: Delma Mitchell, 3340 Southwick Lane, Ammon Cleve and Dixie Delaney, 3320 Southwick Lane, Ammon Renee Portrey Ernest M. Jensen Stan and Sandy Steele, Ammon Ranch Tom Hunsaker, City of Ammon Planning and Zoning Commission Don Goswiller, Bureau of Land Management Lisa Love Bud Langerak, Bonneville County Sheriffs Department Sheriff Byron Stommel, Bonneville County Tom Moss, Attorney for Ashley and Karen Roberts Jason Romrell, Attorney for Ashley and Karen Roberts Cindy Donovan, 3825 East Sunnyside Road, Ammon Dale and Pamela A. Foster, 3240 Southwick Lane, Ammon Brooksie McEvers, 2325 Midway, Ammon Lance and Ranae Miner, 3280 Southwick, Ammon George Watkins, 2155 Midway, Ammon Greg Monik, 1900 Eagle Drive, Ammon Margaret Hanson, Snake River Montessori School Sue Miller, 2195 Cabellaro Drive, Ammon Karen Roberts, 1882 Balboa Drive, Idaho Falls Debbie Shepherd, 2475 Midway, Ammon Steve Wilson, 3920 E. Sunnyside Road, Ammon Brain Huffaker, Hawkins-Smith Developers Doug and Wanda Mohr, 2295 Midway, Ammon Nancy Collard, 755 Ninth Street, Idaho Falls Dean Stevens, 295 Wheatfield, Idaho Falls Colleen Burke, 2255 Midway, Ammon Smith, 836 Whittier, Idaho Falls Debbie Samson, 1940 Cabellaro, Ammon Emma Mcintosh, 3695 Geneva, Ammon Sally Ellis, 2195 Midway, Ammon Karen Anderson, Ammon Planning & Zoning Commission Ricardo and Karen Adams, 1965 Balboa, Idaho Falls Julie Woodall, 11245 Greenbrier Drive, Idaho Falls, 10 I There were others present who did not sign in. Absent: Council member Lee Bean Councilmember Folsom led the Pledge of Allegiance to the Flag, and Councilmember Hall offered a prayer. I City Council Meeting, June 15,2000 - Page 2 Don Gosswiller, Bureau of Land Management, attended the meeting to talk about the possibility of the City of Ammon being a local host for a wildland fire danger sign at the new fire station. This is part of three sign projects involving Eagle Scouts. The primary goal is to distribute the signs to fire departments located within the Idaho Falls BLM District, which covers the area from the Montana border to the Utah border and the Shoshone- Burley area to Wyoming. The reasoning behind the sign is 49% to 51 % of the fires last y~ar were human caused. This is one of several initiatives to reduce this percentage. The sign should benefit the community and the citizens. It is hoped that the sign will cause people to think when they head for the hills camping orthe farmer to think when he burns off his field. The sign design was explained and pictures of two locations were circulated. There are two requirements for the host locations. One, the host needs to maintain the sign. Maintenance should be minimal. It includes covering in the fall, uncovering in the spring, and maybe some paint. The second requirement is to set the reading on the sign daily. This requires Internet access to the inter-agency web site to obtain the daily information. The BLM crew with the assistance of an Eagle Scout will install the sign. Council member Hall moved to erect a wildland fire danger sign by the Fire Station. Council member Folsom seconded the motion. Roll call vote: Hall - Yes; Folsom - Yes; Crandall - Yes. The motion carried. The sign is to be located on the north side of the fire station driveway. I Karen Anderson reported an action of the Planning and Zoning Commission. The preliminary and final plats of the Snake River Montessori School were discussed and unanimously recommended for approval. The site plan for Ammon Ranch was reviewed. It was recommended that the site plan be approved on the condition that the Planning and Zoning Commission see the development agreement prior to their request for final approval. A public hearing was held to consider annexation of the land north of Ivan's Acres owned by Doyle Beck et al. The Commission recommended approval of the annexation with the conditions for landscaping and buffering provisions. The vote was three No and five Yes. Those in favor cited their reason that it is good for the City and the sewer is an important consideration. Although it has not been through the planning process, they did not anticipate a lot of public interest. Those opposed were opposed because they did not think that the annexation should take place just for sewer and it should be given more careful consideration. It is out of the boundaries of our current Future Land Use Map, but it is in the boundaries of our proposed Future Land Use Map. The Commission was going to have a public hearing on the proposed map but the Council recommended that it be postponed. The situation on the map is a committee met again this week to finalize plans for a public hearing. It is anticipated that hearing will be held August 1. Concerning tonight's public hearing on the Special Use Permit for the 24 Hour Safetyland Day Care Center, the Commission met on that in the March meeting. To refresh your memory on the results of that meeting, there were many positive comments concerning that facility that is owned by the Roberts on Balboa. We did not question the need for day care or the good service that the Roberts provide. However, the Commission voted seven to one to recommend that City Council deny the Special Use Permit. The one vote in favor was because he thought it might be made to work if we limited the numbers of children and if we had a trial period after which Roberts would have to reapply. The majority felt that safety was the biggest issue both in increased traffic and crossing over the street to the park. The speed of the traffic on the road, traffic not stopping at the stop sign, the size of road, and the snow in the winter all would combine to increase the safety hazard in the area. The property is in the RPA zone, which is one of our lowest density residential zones. Some of the neighbors came and they were opposed to it. It was felt that neighbors' rights to maintain the character of their neighborhood actually out weighed the applicant's request for a Special Use Permit. Since this is a larger, 24 hour daycare center, it would be better suited in a higher density or a business area. I The next item of business was to consider the site plan and possible variance for Sportsman's Warehouse to be located on property south of Edwards Theater. Councilmember Folsom requested that a variance for Johnny Carino's and Impressions by Design be considered before Sportsman's Warehouse because one affected the other. The Council determined the two items of business could be considered together. City Council Meeting, June 15, 2000 - Page 3 I Brain Huffaker of Hawkins-Smith explained the purpose of meeting with the City Council was to present a site plan review for the next phase of development south of the theater on the southside of Derrald Avenue and bordered by Eagle and Hitt Roads. There is a potential user interested in coming to the site on condition that Hawkins-Smith can provide a site for them and they can start construction to be open by Thanksgiving. The tenant is a sporting warehouse featuring camping, hiking, hunting and those types of uses within the allowed uses of the zoning. The site plan complies with landscaping, parking, and traffic circulation. In meeting with some of the Planning and Zoning Commission members, it was brought to attention there was a conflict with the loading dock in the back of the building. The initial design was for ten (10) feet setback. The requirements of the ordinance is thirty (30) feet. The developer is taking measures to comply with the setback, but there are problems. The building has special needs and that is why it is the length that it is. It is much deeper than a big box user. The tenant has organized his interior and his deliveries to accommodate the way it is designed. The front of the building has twenty (20) feet of sidewalk with planters at the edge. The main security concern is, with the inventory they will carry, people crossing through the glazing taking all the guns and running. Some security items have been designed that are not flexible to change. Another conflict is the loading dock in the back is enclosed. The building itself sets back, but the dock is the problem. A revised plan shows the dock to have twenty (20) feet setback. This narrows the parking in front and makes wasted space in back. The developer is trying to anticipate needs and to make sure they can work up an initial design that will sell to future tenants. This is the reason for not moving the building to the west. Also, the primary use of the HC-1 zone is for establishments serving the traveling public and is located along highways. The developer appealed that Eagle Drive is not a highway and the dock should not be an encroachment. It was pointed out in C. C. 10-21-3 regarding the set back for HC-1 it reads, "all buildings shall be set back a minimum distance of thirty (30) feet from any public street." I Brian Huffaker did not go to a Planning and Zoning Meeting, but he did get some feed back from Commission members. Since two businesses in Teton Spectrum have built businesses with less than the required set back, there was concern about whether Sportsman's Warehouse needs or qualifies for a variance. A mistake was made in granting building permits to Johnny Carino's and Impressions by Design to allow them to build with twelve (12) or fifteen (15) feet setback from Derrald Avenue instead of observing the setback of thirty (30) feet. The question is does the City continue to allow a setback error with the Sportsman's Warehouse or do we follow the ordinance. Council member Folsom proposed that the Council look at granting a variance to Johnny Carino's and to Impressions by Design because their buildings are built too close to the street. There is no way to correct that error, but the City should follow the ordinance for future buildings. The Council reviewed the problem and discussed how to solve it with Brain Huffaker. The feeling of the Council was thirty (30) feet setback should be maintained. It was agreed to reduce landscaping in the front and still require the setback of thirty (30) feet. A revised site plan will be submitted. I Councilmember Folsom moved to grant a variance to Johnny Carino's and to Impressions by Design to have a smaller setback than thirty (30) feet due to the error made by the Planning and Zoning Commission and to note the variance is to correct that error, but we do not want to continue the smaller setback for the future. Councilmember Hall seconded the motion. Roll call vote: Folsom - Yes; Hall - Yes; Crandall - Yes. The motion carried. Mayor Ard opened the Public Hearing of the City Council acting as the Board of Adjustment to consider the request of Ashley and Karen Roberts for a Special Use Permit (aka Conditional Use Permit) to operate 24 Hour Safetyland Daycare at 2255 Midway Avenue. The Planning and Zoning Commission reviewed the application at their meeting on March 7, 2000. The Notice of Hearing was published in the Post Register on May 31 and June 7, 2000. Notices of the hearing were mailed to property owners within three hundred (300) feet and to other interested parties. Mayor Ard swore in parties in interest who desired to present testimony. I City Council Meeting, June 15, 2000 - Page 4 Tom Moss introduced himself as an attorney from Blackfoot with the firm of Moss, Cannon, and Romrell. He also advised that his associate, Jason Romrell, was in attendance. Mr. Moss explained that he did not stand to be sworn in because he did not expect to testify. He asked permission of the Mayor, the Council, and the City Attorney to act as an attorney for the Roberts to present witnesses. Tom Moss asked that he be allowed to direct questions to Mrs. Karen Roberts to guide her through testimony. My name is Karen Lee Roberts, 1882 Balboa Drive, Idaho Falls, Idaho. Are you married? Yes, I am. Your husband's name? Ashley D. Roberts. Mrs. Roberts, did you and your husband become owners of a property located at 2255 Midway at some time back? Yes, we did. When was that? Two years ago. What was the reason for your purchasing the property in question? We purchased the property so that we could remodel the property and open up a child care center. Have you operated a child care business in the past? Yes. Where? At the Balboa residence. What is the address? 1882 Balboa. For how many years have you operated that daycare center? For about ten years at that location. What type of location is that? That is residential, but we have a special condition that we can use it there. You obtained a Special Use Permit? No, it was already zoned okay for it. I During the time you have operated the daycare center on Balboa have you noticed any problems that your daycare center has created in relation to the enjoyment of property owners around the area? No. The outside of it still looks the same except we added more trees than when we bought it. Has there been any safety problems with reference to the operation of a daycare center on Balboa? No, there hasn't. Any near accidents? Not to my knowledge. Now tell us about the house you bought at 2255 Midway. We bought a home that, to my knowledge, had been on the market for about a year. It was in very poor shape and needed a lot of repair, a lot of fixing up. Will you describe that home? It is a large home with a racquetball court and it was extremely dirty and in need of tremendous repair. What work did you do to clean the property up after you bought it? Well, to give you an example, my husband removed about 43 pick-up loads of garbage in the backyard alone. How about the interior of the house? It's not finished yet and we have been remodeling for two straight years. I What was the condition of the interior when you bought it? Terrible. To give you an example, my daughter took about eight hours to clean the bathtub. How long had the house been vacant when you bought it? I believe about a year. Would there be any reason why this house would not be amiable to a daycare center in your opinion? It would be great for a daycare center because of the size. We need a space for the children to move around. Where did you get all this space from in the house? Is there a racquetball court? It's a pretty good sized room? Yes. What have you done relative to that room? That racquetball court? We made another level and what I'd like to do in the bottom level is build playhouses such as a grocery store, a colonial playhouse, a fire station for these little children to play in. What age group of children do you take care of in this care center? Infants to 12. I City Council Meeting, June 15, 2000 - Page 5 What kinds of needs are there for this kind of facilities? We are a tremendous asset to the community. Have you had calls who wanted you to take more people and your were unable to at your present location? Yes, and I have also had a lot of requests from the City of Ammon people and from the school. I have had to tell them that we are not finished yet and that we have to get a Special Use Permit. You have already started remodeling? Yes. Of course, you do not have a Special Use Permit at this time? No, I don't. Why would you go ahead with the remodeling without first having obtained a Special Use Permit? The home was in such bad shape it would need to be remodeled regardless. Did you anticipate there would be any opposition to the Special Use Permit for this purpose? I didn't. I haven't had any complaints from the neighbors where I live right now and I feel that I am an asset to the community. That's after ten years of operation? Right. I have been doing childcare for fifteen years. I You have heard expressions of concern regarding the traffic and safety of the area where this home is on Midway. Do you have any plans relative to dealing with that? For example, the loading and unloading of children when the parents bring their children by? Yes. It would be wonderful if we could have the permission and the City Council would think that it would be a great idea to make a circular driveway in the front yard. Therefore, it would take the cars onto our property where the children could get out. And, if the Council suggested that, would you be willing to do that? Yes, we would be willing to do it. In fact, we would be willing to take suggestions and ideas. We would be willing to accommodate. Also, I know that there is concern about the noise and we came up with a plan. If you thought it would be a good idea, that would be to buffer with trees the backyard so as to keep the noise down over by the property between the Mohrs and ours. We would be willing to buffer about thirty (30) feet. Would you step up here with me? I'm going to share the diagram. It is not to scale. It is just a drawing of a piece of property. Do you recognize this diagram? Yes. I do. The diagram was used to point out the Mohr property, the Roberts property, the fence, the Foster property, Southwick Lane, and a huge backyard. What did you have in mind so far as creating a buffer to accommodate the Mohr's concern? What we could do is about thirty (30) feet in build another fence and add trees and bushes. My husband and son love to plant trees anyway so it is a good idea. This would move the children away from Mohr's. Areas to be fenced were pointed out. The Fosters have no objection. Tell us about it. When the children go outside, do you just open the door or what is the story on that? They only go out with a teacher and they only go out at scheduled times. Never would they ever be allowed to run across the street and go to the park. I Are you subject to any special things that you can do in dealing with these children? There are lots of laws that we have to obey--the Health Department, the Fire Department, Health and Welfare, insurance. There are lots of them. Do the children you take care of also require that you satisfy some federal rules? Yes, because a lot of children that come are federally funded I have to obey federal laws. What sort of things are those restrictions taking them all together? Most laws require that there are so many children per adult. It will vary according to age. Is there ever a time when the children can be left alone without an adult? Never. With reference to the circle drive where would that be located? The area was shown on the diagram. Could it also be brought down and out into the driveway? It could. The Mayor asked questions and Council about how much frontage is available and how long the driveway is. There are no sidewalks in the neighborhood. There are curbs. You have indicated that you are willing to take whatever steps are suggested to make this compatible with the City and to meet the safety requirements? Yes. Would you also be willing to have a Conditional Use Permit that set a probationary period where you would be required to come back and answer any questions that are raised in the I City Council Meeting, June 15, 2000 - Page 6 meantime? Yes. Even if people were a little shy and couldn't tell me, they could send a note saying "This is irritating". Have there been any complaints about noise or the problem of bothering neighbors on Balboa. No. Are there houses on both sides and across the street? Yes. In fact, is the entire area a residential area? Yes. In the back is the Catholic Church. On the side we have condominiums and the Maesers. Are there other daycares in the City of Ammon that you are aware of? Yes. Do you know how many? More than six. Some aerial photos were shown to point out daycares at 3325 Circle S (R-1), 2335 Cabellero (RPA), 2965 Oevonwood (R-1), 3115 Molen (R-1), 3180 Midway (R-1), and 3600 Stonehaven (R-1). They are all in residential areas, and they are all in residential type homes. They blend right in. You never know children are there. These homes are not 24 hour daycares. What do you consider the significance of these locations and these homes? Parents like to have their children in a home status. At the Balboa facililty they do not cross the streets and go to parks. However, Roberts have vehicles that they can take children anywhere. A park is a nice feature. But the house on Midway is large enough that the park is not needed. If you were to have some of your children go over to play in the park, what would be the circumstances that might occur? No.1, it would be older children, and there would be more teachers than what the law requires. How much use do you see happening at the park during the normal course of a day? I see a lot of use. There are Little Leagues, walking around the park, and swimming. It is a nice park. I Do you feel that there would be any negative impact to the neighborhood around Midway where you live or that your children would be in danger? No. If there were problems, they would be dealt with? What about noise? It is very important that the neighbors are happy. Attorney Joe Anderson asked if there is any limitation to the number of children. It is according to law. What is the law? It is not licensed so I don't know. What is your license on Balboa? My license on Balboa was just raised to over 40. Are any children kept full time 24 hours? Never. What hours are there? Various times throughout the day. Are you limited to how many hours anyone child would stay at the daycare in a 24 hour period? Not to my knowledge. I've never looked it up. The only time that I've had children, like a couple of days in a row, would be for a business person that would have to leave town. Then you keep them 24 hours? It is very rare. Are there any requirements to how many attendants you should have? How many children per attendant? That goes according to age. Eighteen months and younger is 6 to 1. Over that is 1 to 12. School age children is one to 18. I Mrs. Roberts lives on Balboa, and she plans to continue to live on Balboa. A daughter lives in the house on Midway. There is TV surveillance throughout inside and outside. You have been accused of already having starting on Midway. Has there ever been daycare activities on Midway? Never. A license is required. She has to a fire inspection and she has to have a health inspection. She does not have a license at the Midway house. Mrs. Roberts knew there were restrictions on the house. Jason Romrell was sworn in to present testimony. He represented the Roberts at the first meeting with the Planning and Zoning Commission. The characteristic of the neighborhood and maintaining it as is was an important factor. Greg Maeser was the only supporting vote and he stated his parents live next to the Balboa facility. In a telephone call with LaRee Maeser she told Mr. Romrell that she has no objections, no problems, and no complaints City Council Meeting, June 15, 2000 - Page 7 living next to the Roberts daycare. She has a great relationship with the Roberts. Most people would not know there is a facility on Balboa and that is how she plans to operate on Midway. Karen Roberts has done nothing but bless the Midway property. She has turned an eyesore into a nice piece of property. I Dale Foster, 3240 Southwick, lives adjacent to the Roberts property on the east. He testified the property on Midway before the Roberts came was in serious decay. He judged it to be unsaleable. They have reconditioned the property to make it somewhat desirable. He would rather have the business than the previous eyesore. The business is going to have to look good for them to succeed. Regarding the traffic, with or without the daycare the traffic needs to be dealt with. Midway has become a busy street, a thoroughfare. The traffic is not the fault of the daycare. Pamela Foster, 3240 Southwick Lane, read a statement she had prepared. They have lived at the Southwick address for eight years. For six of those years the property in question has been in various stages of disrepair and close to being in shambles. She was appalled at the condition of property and that people had actually lived in the house. She attended the open house the Roberts had and she looked at the renovations through a filter of someone who has worked with children. She is enthusiastic about the plans, and she is supportive. If we as a people of this City are truly concerned about children and family, then we shouldn't hesitate to rally around and support people who have vision, desire, and ability to provide families with quality daycare even if that daycare is located in our neighborhood. Traffic is a problem, but the daycare should increase a problem that already exists. She questions if there should not be more police enforcement in that area. Children walking to school in the street on Southwick Lane are already at risk. I Brett Manwaring, 2160 Agean, Idaho Falls, is a real estate broker. He has lived in Idaho Falls since 1970. He lived almost six years across the street and one door down from the Roberts daycare on Balboa. Traffic was minimal. The condition of the property and the value of like properties or of neighboring properties increases or decreases the value of a given property. The daycare on Balboa has not had an adverse affect on property values. There is a need for daycares. The daycare should not require additional services from the City. Neighbors should not complain about noise from children at a daycare when right across the street there are 600 students at a school. Karen Adams, 1965 Balboa, has never had a problem with children or traffic. She does not hear them or see them. The Roberts are a delight to be around. There are more problems with teenagers on the street. She is in full support of Karen Roberts. Ricardo Adams, 1965 Balboa, has odd hours. When he goes and comes, he has not had any problems with noise and he has not seen children out in the front yard. He doesn't know anything about Midway, but in their neighborhood the daycare has been an asset. There have been no problems with noise, safety issues, or vandalism. It has been a positive situation. I Debbie Samson, 1940 Cabellaro, is a registered nurse, a business owner, and she works with children with disabilities. She supports Karen Roberts because she is a business owner and it is great to see someone succeed in that area. She can hear the noise from the swimming pool, and the daycare noise does not equal the pool noise. She was not aware of a daycare in the area. Renee Portrey, 3622 Samuel, has used the Balboa facility for four (4) years. She is a single mom, and the facility is exactly what Renee needs. Emma McIntosh, 3695 Geneva, used the facility on Balboa when her daughter was younger. She works with a facility that works with disabled, and it is a wonderful way Karen is setting up the new facility. She treats children like royalty. I don't think we should keep Karen from doing what she has planned. I City Council Meeting, June 15, 2000 - Page 8 Dean Stevens, 295 Wheatfield, works for the Small Business Development Center. He stated the planning process that Karen goes through is impressive. When she plans out something to do, it will get done. George Watkins, 2155 Midway stated one major flaw in the Roberts plan is the zoning does not allow for it. He did not buy his home to live next to a commercial property. The reason we have zoning laws is so the commercial goes where is should. The Midway facility is to be larger than the Balboa facility. And, I am adamantly opposed to it. Lance Miner, 3280 Southwick Lane, does not doubt that the Roberts run a good business. That has never been the issue. The issue is the zoning does not allow for it. They admit they knew the zoning did not allow it when they came. However, from the very start the limo advertised "opening soon". They have been advertising the opening of this place the whole time they have been there knowing that the zoning did not allow for it. The other daycares they pointed out in Ammon are small daycares. Safety is a problem. Children walk to and from school in the street on Southwick Lane. When you want to set up a business, you move into an area where it is acceptable. If a permit is granted, it sets precedence. If you say yes to one, how can you say no to others? At the Planning Commission meeting a comment was made which he would be willing to live with. If they can get the people in that area to sign off saying they would allow the Special Use Permit, that would be okay. The rights of the people already there take precedence over anything else. If there is one person who lives there under the established zoning does not like it, their vote should take precedence over the change. I Doug Mohr, 2295 Midway Avenue, lives next door to the Roberts. The Roberts are lovely people and they have done a fine job of restoring the place. Several years ago the property owners were allowed to build a racquetball court on the end of the house. That property is within about five (5) feet of the Mohr's. At times there are four to six children playing out in the backyard at Roberts', and the noise is quite intrusive. His wife's health requires lots of rest. There is no one closer to the Roberts than the Mohrs, and the Mohrs oppose the daycare for reasons Lance Miner has already alluded to. Julie Woodall, 11245 Greenbrier Drive, Idaho Falls, advised the daycare on Cabellaro operates at 12 children and the daycare on Circle S Drive has 11 children and one more opening. Dixie Delaney, 3320 Southwick, said that some of her concerns have already been stated by Lance Miner. When they located in the subdivision, they thought they were protected with covenants and restrictions. This is the second time they have had to come and protect themselves from someone who wants to come in and change their rights. There is no doubt that Mrs. Roberts has a wonderful daycare, but it is the wrong location. Every morning when you look out at the little children walking to school on Southwick or to the park, you cringe. The corner at Southwick and Midway is dangerous. Cars speed down Midway and run the stop sign. The daycare children maybe safe, but what about all those other little kids. There are always kids walking on the street. If you allow one business, it opens the door for another business. Do not allow a daycare on that busy, busy corner. Delma Mitchell, 2240 Southwick Lane, is concerned about why have zoning if we open it up to whatever. I Suzanne Miller, 2195 Cabellaro, represented many of the homeowners in the neighborhood. Their children regularly walk and ride their bikes to Hillview School and the park. She collected thirty-six (36) signatures on a petition that reads, "We are opposed to the possibility of a special use permit being given to the owner of 2255 Midway for the use of a daycare. We think the location is not suited for such coming and going traffic because it would put children at risk. The potential daycare is located right behind the school crosswalk across Midway/Southwick. This is where our children walk and ride their bikes to school and where they go for sports and swimming. We feel this permit approval would put them at increased risk coming and going to school and to McCowin Park. We hope that the Ammon City Council will deny this request and that the daycare owners can find a more suitable location for their business. This is a residential neighborhood, and we would like it I City Council Meeting, June 15, 200 - Page 9 to remain that way." She expressed concern that they have been vague on some of the critical issues. Small daycares are not a problem, but there is a difference in a commercial venture. The number of children is of concern. Also, the traffic issue has been down- played. The Roberts' limo is parked on Southwick because their personal vehicles are in the driveway. Also, there is a large van parked there a good deal of the time. The kids walk in the middle of the road. There are no sidewalks. Regarding zoning, it is hoped the Council will agree with the Planning and Zoning recommendation to deny the request. City of Ammon should preserve zoning integrity. She also submitted seven letters of neighbors who could not attend. Debbie Shepherd, 2475 Midway, lives about six houses down from the proposed daycare. She has lived on Midway about twenty-four (24) years. When she moved there, Midway did not go through to 1 ih Street. Traffic has increased many times on Midway, and it is a major concern. Another concern is parking. She operates a business in Idaho Falls and is required to have a certain amount of parking for her employees and a certain amount for the customers. When she drives past 2255 Midway night and morning, there is always three to eight cars parked and the business isn't even open. She asked the Council to deny the request. Jessica , 131 South Placer, commented on traffic. She believes it is crazy to think that parents bringing children to a daycare are going to create a problem. Teenagers are more of a threat. Karen Roberts has an awesome facility. I Brooksie McEvers, 2325 Midway, was sworn in. She lives two houses south. Her biggest concern is the traffic and what is going to happen early in the morning. Where are they going to load and unload children? Even if there is a circular drive, will they enter from Midway or from Southwick? There are only a few neighbors here. The neighbors did not hire lawyers or provide aerial photos. Karen is a good business lady. Sally Ellis, 2195 Midway, lives in the house north of 2255 Midway. Sally Ellis was sworn in. They have fought for a residential neighborhood, and they continue to fight for a residential neighborhood. She asked that the Mayor and City Council keep commercial away from the park. Wanda Mohr, 2295 Midway, echoed the remarks of her husband. She does not like a playground right under her nose. She does not want the daycare. I Karen Anderson, 755 Tiebreaker, made a response for Planning and Zoning. The presentation by Tom Moss with Karen Roberts was well managed, and Planning and Zoning did not get that. R-2 is the zoning for a daycare. There has been some mention of daycares. Two are operating under a home occupation permit, and we are not sure about the others. The home occupation permit differs from what the Roberts are asking. You can't have any employees and only 25% of the ground floor is to be used for the home occupation. She asked two questions to Karen. One, did any officials represent to you before you started improvements that a Special Use Permit could be granted? No. You were asked how many children and you did not answer. Do you have a guess or how many you are going to apply for? Some of the safety concerns of Planning and Zoning could be negated with a circular drive and limiting the number of children. However, the neighbors still object, and that is an overriding issue. Mayor Ard closed the Public Hearing. Attorney Moss asked for an opportunity to respond. The Mayor denied the request because Mr. Moss did not swear in. A legal point was added that the photos presented show that a daycare does not hurt the neighborhood. The Public Hearing was declared closed, and the meeting was opened to Council discussion. Councilmember Folsom asked some questions to Karen Roberts to clarify. The children at the Midway house belong to family members. Recently when they were playing in the yard, Mohrs asked that they play somewhere else. It was only 6:30 p.m., but the children responded. There is only enough remodeling done to allow 24 children at this time. It was estimated there would need to be four or five employees. These employees would require City Council Meeting, June 15, 2000 - Page 10 parking. One parking area identified was the driveway. Karen Roberts suggested during school there needs to be crosswalks with a crossing guard. I Council member Folsom tried to tally the for and the against. The neighbors are overwhelming against. It is important that the use be in harmony with the characteristics of the zone. There probably would not be 40 to 60 kids in the neighboring homes, so encompassing 40 to 60 kids in one house is a problem. There is a problem with the other daycare locations, which was brought to attention, as they have not applied for home occupation permits or whatever. Regardless of the outcome, the City needs to address that issue. In all fairness, those facilities need to get legal. The parking is a problem. A Special Use Permit should require approval of the neighbors, which they are not going to get. Council member Hall stated there is no question that the Roberts operate a good daycare. The over riding situation is the zoning. The people who live there now have property rights, and they should not be denied those because of someone else coming in to the area. The property is zoned RPA and a commercial operation, whether it is six hours a day or twenty- four hours a day, does not belong. I would love to have the business in the area, and there are other areas where the zoning would allow it. It is disappointing that the owner did not come talk to the City before she spent any money. She was officially notified and there was no communication until she came to the Planning and Zoning Commission. I do not see any reason that we should disrupt the RPA zone for this occupation. Council member Hall moved to deny the Special Use Permit for the 24 Safetyland Daycare at 2255 Midway. Councilmember Folsom seconded the motion. Roll call vote: Hall - Yes; Folsom - Yes; Crandall-Yes. The motion carried. I The next item of business was the Preliminary and Final Plat for the Snake River Montessori School, 2970 East First Street. Margaret Hanson discussed the plats with the Mayor and City Council. The Planning and Zoning Commission and Engineer Manwill have reviewed and approved the plats. Councilmember Hall moved to approve the Preliminary and Final Plats for Snake River Montessori School, 2970 East First Street, subject to an acceptable development agreement. Councilmember Crandall seconded the motion. Roll call vote: Hall- Yes; Crandall- Yes; Folsom - Yes. The motion carried. Sandra Steele represented Telemark Development to request approval of the preliminary site plans for Ammon Ranch. The improvement drawings will be presented at a later meeting. She pointed out what changes have been made to the site plans pursuant to requirements outlined at the last plan review. The Planning and Zoning Commission has approved the plans. I At the Planning and Zoning Commission meeting, one of the members expressed concern about the project in Utah. Mr. Wright wanted to be sure everyone understands what is going on with the project. The Commission member reported there was not any progress since October, the units are small, and there was no landscaping. Steeles immediately went and took some pictures. In October 1999 there were five units and today there are 40. There is a mix of units. About six of the units are singlewide and the rest are multi- sectional. Landscaping is going on every day. The pictures were circulated and given to the City Clerk for the record. The pictures show various stages of the development. Stan Steele explained the changes in the site plan since they last met with the Council. They have added shading to show the phases of the manufactured home area. Phase 1 has 50 lots, phase 2 has 48 lots, and phase 3 has 133 lots. All the changes in the site plan were pointed out for the Mayor and City Council. There have been changes to the block wall, landscaping, and entrances. Most people driving by the project will never know it is manufactured housing. The neighbors will be pleased. The layout looks good. Councilmember Crandall moved to approve the Preliminary Site Plan for Ammon Ranch Subdivision formerly known as the W. L. Judy Farm. Council member Folsom seconded the motion. Roll call vote: Crandall-Yes; Folsom - Yes; Hall- Yes. The motion carried. City Council Meeting, June 15, 2000 - Page 11 Sheriff Stommel discussed the law enforcement plans for city of Ammon. A grant has been submitted and, if it is received, Ammon will benefit. Negotiations include a Bonneville County Sheriff Deputy assigned to Ammon, an office in the new fire station, a vehicle with Ammon on it, revisions to the citations to show those issued in Ammon, and use of a radar trailer. Gregory Monik, a resident of Ammon, expressed interest in the services provided to Ammon by the Bonneville County Sheriff. Bud Langurak explained about court fees and fines that come to Ammon. I BMPO has requested the name of someone from Ammon who is interested in serving on a committee to upgrade the area bike path plans. No one had a suggestion, but they agreed to think about an individual with biking interests. Applications for Fireworks Permits have been received from Kmart and Pyrodene in Albertsons parking lot. The City Clerk requested a general approval so that licenses can be issued to other applicants since there is such a limited time of sale. (Midnight June 23 to Midnight July 5) Councilmember Crandall moved to grant the City Clerk the disgression on issuing fireworks permits for the 2000 season to applicants who meet the requirements subject to Fire Department approval. Councilmember Hall seconded the motion. Roll call vote: Crandall-Yes; Hall- Yes; Folsom - Yes; The motion carried. A public hearing before the City Council was scheduled for the request for annexation of the Doyle Beck, et al property on Thursday, July 6, 2000. The general location of the property is north of Ivan's Acres to the southern boundaries of the properties facing Lincoln Road. Chief Clarence Nelson reported for the Fire Department. The Open House was successful. I David Wadsworth reported for Public Works. The walking path in Peterson Park has been completed. Also, a driveway into Well 5 has been paved. Some water breaks have been repaired. Attorney Anderson prepared a Summary on the Massage Therapy Ordinance. It has been dated as of the last meeting, and it is ready to be signed and published. Mayor Ard asked Attorney Anderson to respond for the group regarding the letter received about the drainage problem at Larry Hooks. Mr. Hook is concerned that there is still a problem, but no one seems to be responsible. Mayor Ard reviewed the situation. Attorney Anderson agreed to respond for the group who received letters, but he did not agree to represent the group. Council member Folsom commented on the new sound system in the City Building. Council member Crandall was concerned about the "for sale" cars parked on the vacant lots along Sunnyside Road and East 1 th Street. He would like to eliminate them. Tom Hunsaker reported on the Comprehensive Plan Land Use Map. The public should have an opportunity for input. Attorney Anderson gave instructions on the hearing requirements. I Tom Hunsaker discussed a dog complaint about a three-legged dog. A citation was issued this week. Claims were approved. Council member Crandall moved to adjourn the meeting. Council member Folsom seconded the motion. The meeting was adjourned. G~ ATTEST City Clerk