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Council Minutes 9/12/2006 (44) CITY OF AMMON August 3, 2000 I Minutes of the Public Hearing and the Regular Meeting of the City Council: The meeting was called to order by Council President W. Lee Bean at 7:30 P.M. in the City Building, 2135 South Ammon Road, Ammon, Idaho, with the following City Officials present: Council President W. Lee Bean Council member Harvey L. Crandall Council member Leslie Folsom Councilmember Ira K. Hall Engineer Bill Manwill Fire Chief Clarence Nelson Public Works Director David Wadsworth City Clerk Aleen C. Jensen Deputy Clerk Connie Guymon Others Present: Lee Staker, 2553 East Everon, Idaho Falls Butch Bader, 288 North Shilling Avenue, Blackfoot Craig Barnes, 698 Marjorie Avenue, Idaho Falls Jerel Blair, 2940 East 650 North, Roberts Jon Wood, Wood Funeral Home David Benton, Benton Engineering Cathy Baker, 3705 Ross Avenue, Ammon Tom Hunsaker, 2925 Carolyn Lane, Ammon I Absent: Mayor C. Bruce Ard Attorney W. Joe Anderson Councilmember Folsom led the Pledge of Allegiance to the Flag, and Councilmember Hall offered a prayer. I Cathy Baker, 3705 Ross Avenue requested a home occupation permit to add a hair cutting shop in a part of her garage. She has worked in cosmetology for two years and in barbershop for two years. Her operation will feature some of both. She has been cutting hair in a shop on the west of Idaho Falls, and she has some clientele. She plans to advertise for additional clientele. Advertising will mainly be with cards. She wants to remodel an area in the garage with an entrance through the garage. It is estimated she will do ten cuts per day. There will be no employees. There was concern that it was more of a commercial business than a home occupation. Cuts will by appointment only. The driveway will be used for parking. The regulations for home occupation permits found in City Code 10-8-7 were reviewed. A building permit, a plumbing permit, and an electrical permit may be required for the remodeling. Councilmember Hall moved to approve a home occupation permit for Cathy Baker, 3705 Ross Avenue, to recognize this is revocable if there are issues in the neighborhood or problems or concerns that people bring to the City and the Mayor and City Council has the authority to revoke the permit, and to require that building permits should be obtained if needed. Councilmember Crandall seconded the motion. Roll call vote: Hall- Yes; Crandall- Yes; Bean - Yes; Folsom - Yes. The motion carried unanimously. Council President Bean opened the Public Hearing to consider a request for rezone to R- 3A and for a Conditional Use Permit to allow Woods Funeral Home to build a facility on a three-acre parcel of the Lawrence Ricks' farm. Notice of the hearing was advertised in the Post Register on July 18 and July 25, 2000. Notices of the hearing were mailed to property owners within three hundred (300) feet and to other interested parties. Individuals who desired to present testimony were sworn in. Lee Staker represented Jon Wood and Woods Funeral Home in the purchase of three acres of ground from the Lawrence Ricks' family on Ammon Road. This property, I City Council Meeting, August 3, 2000 - Page 2 according to a discussion with Engineer Bill Manwill, is located where the proposed John Adams Parkway is to be extended across Ammon Road and then north to McDonald Farm. There is twenty-seven (27) feet between the Ricks' property and McDonald Farm that is owned by Kelly Howell. This footage will be purchased and added to the development. The road on the south will be constructed by Lawrence Ricks and Woods Funeral Home for the depth of the property. The egress is planned for John Adams Parkway. The acreage provides for plenty of parking space and a full service chapel. There will be no crematory. There will be a cul-de-sac to the back off Maurine Street, but there will be no access from the cul-de-sac. The intention is to keep traffic out of the cul-de-sac area. Part of the agreement with the Ricks family is that Woods will create a memorial for the Ricks family since they were some of the original homesteaders. It would be a meditation type of park available for people to use. When McDonald Farm was developed, Lawrence Ricks asked for access to the irrigation ditch. The strip twenty-seven (27) feet wide has been used by Ricks and the Canal Company for access. Mr. Howell has no desire to retain ownership. If the property owners in McDonald Farm would like it, they can purchase it. However, Woods want it cleaned up, and they will include it in the development. The cul-de-sac off Maurine Street is the best way for the street. It will be beneficial for the County in maintaining Maurine Street. This funeral home should be a good addition for the City of Ammon. Detail plans will be presented with the application for a building permit. Jon Wood stated that he started thinking about developing a funeral home in Ammon about six months ago. He was amazed at the growth and decided it was about time that Ammon could support such a facility. His family has been dealing with Ammon people for generations, and Ammon people are good to do business with. I Tom Hunsaker reported that the Planning and Zoning Commission did not have a problem with the request for a rezone to R-3A with a Conditional Use Permit for a funeral home. There was no public comment. Council President Bean closed the Public Hearing and opened the meeting for Council discussion. Council member Hall called attention to a letter of objection from Larry J. and Peggy A. Duncan, 888 South Maurine, Idaho Falls, Idaho 83401. The subject was "Absentee opinions in regards to the consideration on August 3, 200, of rezoning the parcel of Ricks' property from R-1A to R-3A for funeral home usage." They stated eight concerns which included preference for residential, the climate for rearing children, affect on property value, the plans for Maurine Street, plans for the 27 feet strip, and what happens if the funeral home is not built. Councilmember Crandall moved to rezone the three-acre parcel north of the Lawrence Ricks' home to McDonald Farm along Ammon Road from R-1A to R-3A subject to an acceptable development agreement restricting the use. Council member Hall seconded the motion. Roll call vote: Crandall - Yes; Hall - Yes; Bean - Yes; Folsom - Yes. The motion carried unanimously. I Council President Bean opened the Public Hearing of the City Council acting as the Board of Adjustment to consider a request for a Conditional Use Permit to develop the three-acre parcel of the Lawrence Ricks' farm with a funeral home. Lee Staker and Jon Wood were sworn in to give testimony. There was no public comment. The Public Hearing was closed. Councilmember Crandall moved to grant a Conditional Use Permit for the funeral home on the property just approved for rezone to R-3A. Councilmember Hall seconded the motion. Roll call vote: Crandall - Yes; Hall - Yes; Bean - Yes; Folsom - Yes. The motion carried unanimously. City Council Meeting, August 3, 2000 - Page 3 Councilmember Folsom moved to approve the minutes of the City Council Meeting held June 15, 2000. Council member Hall seconded the motion. Roll call vote: Folsom - Yes; Hall- Yes; Bean - Yes; Crandall- Yes. The motion carried unanimously. I Unfinished Business was discussed. The extension of the waterline across the school property to the Ricks property is being reviewed by the School District. The Owen Street traffic study is in progress. A meeting on the Area of Impact with Bonneville County and City of Idaho Falls has been scheduled for Wednesday, August 23, 2000, at 7:00 p.m. Council President Bean asked the Council to express their feelings about the Area of Impact. One area considered was west of Hitt Road and south of Lincoln Road. Council member Crandall did not have a preference whether the area is City of Idaho Falls or City of Ammon. He does care about putting septic tanks in that area. If City of Idaho Falls will not extend sewer to the area, then Ammon should accommodate annexation and try to work out sewer service. Engineer Manwill pointed out that technically septic systems are engineering approved if they are well maintained. If they are not maintained, they can be a threat to the aquifer. In the past, Ammon has tried to accommodate those who request annexation. Council member Folsom expressed concern about stopping our development to the north. Discussion continued on our Area of Impact. Hitt Road seems to be a correct boundary unless the Stafford Smith property and Applewood are annexed to Ammon. If they come in, Ammon may want to extend their boundary north to Highway U. S.20. Councilmember Folsom favors going to U. S. 20. I Including the area to the north and to the west of Hitt Road requires that the City of Ammon considers how to sewer the area. Bonneville County is interested in extension of the sewer north on Hitt Road before they get involved in their Hitt Road improvement project. Engineer Benton and Manwill provided some sewer history and ideas. A decision depends on what the Planning and Zoning Commission recommends for the Smith/Ritter properties. If Stafford Smith comes in, the Area of Impact boundary should end at Applewood and go straight north to Highway U. S. 20. If he does not come in, the logical boundary is Hitt Road. Tom Hunsaker suggested working with IBSD and Falls Water to service the area and trying not to annex the Smith/Ritter property. The City of lona has proposed to increase their Area of Impact one-half mile south. This means we have one-half mile in conflict with each other. The areas of impact which are in question were pointed out on the map. The Council did not have a problem with the increased area of impact proposed by lona. It was further recommended that the western boundary of lona between Ammon and lona be straightened. The appeal of the decision of the Board of Adjustment to deny the request for a Special Use Permit (aka Conditional Use Permit) for a day care facility at 2255 Midway Avenue has been scheduled for City Council Meeting on August 17, 2000. I Attorney Anderson prepared Resolution No. 2000-2, A RESOLUTION SUPPLEMENTING AND REAFFIRMING RESOLUTION NO. 98-1, REPEALING ALL OTHER PREVIOUS RESOLUTIONS CONCERNING WATER AND SEWER USER RATE CHARGES' PROVIDING FOR DELINQUENT PAYMENT PROCEDURES; PROVIDING FOR A DEPOSIT FOR WATER SERVICE CONNECTIONS AND RETURN OF DEPOSITS; PROVIDING FOR OWNER'S RESPONSIBILITY FOR WATER SERVICE FEES AND CONNECTION FEES ON MULTI FAMILY USE OF SINGLE CONNECTION; PROVIDING FOR RESCISSION AND REPEAL OF ALL RESOLUTIONS IN CONFLICT HEREWITH' PROVIDING FOR AN EFFECTIVE DATE. ' The resolution incorporates previous resolutions on water policies. The purpose of the new resolution is to eliminate the reduced rate in service when the resident is away from the home for two months or longer. City Council Meeting, August 3, 2000 - Page 4 Council member Hall moved to approve Resolution No. 2000-2 to eliminate the reduced rate for services for vacant residences subject to inclusion of the water and sewer connection fees. Councilmember Folsom seconded the motion. Roll call vote: Hall -Yes; Folsom - Yes; Bean - Yes; Crandall- Yes. The motion carried unanimously. I Councilmember Folsom requested approval for the hardware purchase for the City Office computer update from Superior Computer Services for $7528. An update to accommodate the new software program was previously discussed and agreed upon. This action was to authorize Councilmember Folsom to use Superior Computer. They were the only company who could turn the City computers into the upgradeable situation for a savings of $400 per unit on three used computers. Their quote was the most accurate for the required update, and it was determined the savings offered was beneficial for the City. The City Clerk presented for Council review Ordinance No. 278, which annexes the Beck et al property, and the Development Agreement for Pheasant Estates Twin Homes. Regarding the annexation ordinance, there is not a plat and there is not a development agreement for the property, but a provision has been added to the ordinance. "That a development agreement is to be entered into by the City and the respective developers and owners of the parcels herein annexed before construction or extension of improvements upon the land hereby annexed and zoned." Engineer Manwill explained the provisions of the Pheasant Estates Twin Homes Development Agreement. Ordinance No. 278 needs some clarification regarding the property owners who are involved. The City is responsible for costs involved in this annexation. Council member Folsom moved to accept the Development Agreement for the Pheasant Estates Twin Homes and to authorize the Mayor to sign it. Council member Crandall seconded the motion. Roll call vote: Folsom - Yes; Crandall - Yes; Bean - Yes; Hall - Yes. The motion carried unanimously. I Reports: David Wadsworth reported for Public Works. There have been a couple of waterline repairs. The kids who have been breaking the sprinkler heads in the park have been caught. All together they have broken over 100 heads. They broke some of Ammon's, some of the School District's, and some behind Edwards Theater. The water pressure has been good. Fire Chief Clarence Nelson reported that Bonneville County donated two computers for the Fire Station. Someone keeps changing the fire danger sign. Pump tests for all three trucks are scheduled for in the morning. Councilmember Folsom checked the Fire Department response time, and she was impressed with the department. Council member Folsom reported that she has requested Greg Monik to work on forming a Citizens Committee to address concerns in the Hillview/Hillsdale area. Gawn Reid has some plans to build some park benches during the winter. Public Works Director Wadsworth was asked to work with him. I Previously there was some discussion about a monument in Peterson Park with a plaque in memory of Devin Beck. Becks do not want anything relative to their son. Someone has suggested a general plaque with wording such as "To all children taken in their prime-may we take a moment to remember the simple joys of childhood. Childhood occurs once but the spirit of youth can live forever." Regarding the meeting with Idaho Falls scheduled for August 23, 2000, the County Commissioners want to know if they are included. If the meeting concerns sewer, should IBSD be invited? The Commissioners need to be involved. The agenda is basically to discuss the Area of Impact and not the sewer. Council member Hall called attention to the revised request for annexation from Quail Ridge. There has been some concern relative to providing services if the City is not collecting taxes. Utilities should pay for themselves, not by property taxes. The Council City Council Meeting, August 3, 2000 - Page 5 was asked to give some thought to what to require from the developers and to what the City's responsibility is to provide services for such a development. Claims were approved. Council member Folsom moved to go into an Executive Session. All were in favor. The regular meeting was adjourned at 9:55 p.m. I Council President ATTEST City Clerk ~ I I