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Council Minutes 9/12/2006 (66) 68 July 11, 1996 CITY OF AMMON July 11, 1996 Minutes of the Public Hearings 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 W. Lee Bean Councilmember Sherrill C. Bohn Councilmember Ira K. Hall Councilmember Steven J. Loveland City Clerk Aleen C. Jensen Attorney W. Joe Anderson Engineer David E. Benton Public Works Director David Fire Chief Clarence Nelson Assistant Fire Chief Robert Wadsworth Farrow I Others Present: Ken Lembrich, 2640 Salmon Street, Ammon Mae Farrow, 3824 Wanda Street, Ammon Garth Cunningham, Mountain River Engineering Eric Davis, Cantlon Properties Mark and Kirk Peterson, Peterson Enterprises Annette Hendrickson, 1810 Sabin Drive, Ammon Larry Schuldt, 6211 South 15 West, Idaho Falls Mrs. George Hill and Son, 1925 Heather Lane, Ammon Michael Jones, 1805 Midway Avenue, Ammon George III and Peggy Watkins, 2155 Midway Avenue, Ammon Doug Crabtree, 1875 Spencer Lane, Ammon William Fischer, 3000 Western Avenue, Ammon The Pledge of Allegiance to the Flag was led by Councilmember Bean, and the invocation was offered by Councilmember Hall. Mayor Ard opened the Public Hearing to consider the request for annexation, initial zoning to R-l, and approval of the final plat for Schoolside Addition Division No. ~ The Planning and Zoning Commission considered this request at a Public Hearing on June 4, 1996, and they recommended approval. Notice of Hearing before the City Council was advertised in the Post Register on June 25 and July 2, 1996. Property I owners within three hundred feet (300') of the proposed subdivision were mailed notices of hearing. Parties in interest who desired to present testimony were sworn in by Mayor Ard. Garth Cunningham of Mountain River Engineering represented the developer, Randy Hix, to explain the request. The property is under the ownership of Dr. Bjornson, and the developer has entered into a purchase agreement subj ect to approval of annexation. The Council was oriented to the property boundaries. Lots are to be similar in size to the Westwood Addition. No curb or gutter is planned. The developer proposes a drainage swale between the sidewalk and the street. This is the same as Fox Hollow is being developed. It is important that property owners maintain this swale, and there needs to be some way to identify the importance of this requirement. Street drainage will be toward Sunnyside Road, and the drainage will be taken care of naturally provided the swale is maintained. Consideration was given to ways to alert those purchasing homes in the subdivision regarding the swale. Ways considered were identifying on the plat, providing for in the annexation agreement, including in restrictive covenants, and attaching the requirements to each building permit. William Fischer, 3000 Western Avenue, inquired about restrictive covenants as far as structure size. The R-l single family residence zone allows a house of seven hundred fifty square feet (750 sq. ft.). He was concerned about the quality of house that would meet the size requirement. He asked, "Do we want to have that in Ammon? Do we really want 750 square feet homes?" His reason, " because, as an owner on the other side of the canal, I have some property values that I would like to protect. We've seen some problems directly to the south of me where a building permit has been issued and reissued for a structure that has not been completed and is basically an eyesore. And we have good indication of what is happening with the log cabin fiasco on Ammon Road. Do we relly want to have some more of that in Ammon? How can we get R-l changed to a different classification?" I It was pointed out that the majority of residential development in Ammon is in the R-l zone. The proposed developer is a reputable builder, and he is good protection because of his financial investment. The canal is a buffer between the Fischer property and the proposed Schoolside Addition. The developer plans to maintain control of the addition and to not sell off lots for individual development. The developer has not indicated he plans to establish any restrictive covenants, but he may be encouraged to do so. Mr. Fischer wanted some assurance of control. I I I Mayor Ard called for additional comments or questions. closed the Public Hearing. 69 July 11, 1996 There were none, so he Councilmember Hall moved to approve annexation of Schoolside Addition Division No. 1 according to the final plat with the initial zoning of R-l subject to protective covenants to control development standards and subject to an acceptable annexation agreement which specifically includes instructions about maintaining the drainage swale. The motion was seconded by Councilmember Bean. Roll call vote: Hall- Yes; Bean - Yes; Bohn - Yes; Loveland - Yes. The motion carried unanimously. Mayor Ard opened the Public Hearing to consider the request of Peterson Enterprises to rezone from R-l to C-l Lots, 10, 11, and 12 of Block 3 Meadow Lark Estates Division No.2. The Planning and Zoning Commission considered this request at a Public Hearing on June 4, 1996, and they recommended approval. Notice of Hearing before the City Council was published in the Post Register on June 25 and July 2, 1996. Notices of hearing were mailed to property owners within three hundred feet (300'). Parties in interest were sworn in to present testimony. Kirk Peterson of Peterson Enterprises explained the request. The three lots under consideration are part of a parcel of land owned by Petersons which fronts on East 17th Street. The frontage lots are zoned C-l while the three back lots are zoned R-l. It is proposed to change the zone from residential to commercial on the three lots so the property can be developed as a unit, probably as a strip mall. It is believed the development would be better for the City and the neighborhood if it is developed as a unit rather than sold off in individual lots for uses allowed under the present zoning. There are no development proj ections at this time. Change of zone will allow the owners to work up some development plans, which they understand will need to come back for approval. The whole parcel contains approximately four acres of land. Buffer plans were discussed, and the developers indicated they are considering a block wall plus landscaping. Michael Jones, 1805 Midway Avenue, stated he does not have a problem with rezoning the three lots to C-l, but he does have a problem with how the property is developed. The presentation at the Planning and Zoning Public Hearing introduced acceptable ideas. Mr. Jones favored no parking on Midway Avenue, no access/egress from Midway Avenue, and a block wall that extends around the corner and along Midway Avenue. Kirk Peterson advised that supplemental zoning regulations need to be conformed with regarding corner lots, setbacks, block walls, etc. Property owners want to have the opportunity to accept or reject the development plans. A development agreement should allow property owners input and must be approved by the Planning and Zoning Commission and the City Council. Annette Hendrickson, 1810 Sabin Drive, voiced opposition to the proposed rezone. She lives on Sabin Drive but her property extends through to Midway Avenue. She was concerned about the undesirable element that commercial development brings and the increase in noise. Kirk Peterson addressed the noise issue. He stated the neighborhood should realize less noise because development would block off the busy East 17th Street noises. Mayor Ard called for additional comments and questions. Public Hearing was closed. There was none, so the The City Council discussed the proposed request for rezone. The concern was adequate restrictions to protect the Meadow Lark Estates residential area. Councilmember Hall inquired if the developers had considered requesting a zone change to RSC-l. This is a more restrictive zone than C-l, but it fits the proposed plans. Petersons are interested in having a uniform zone for the parcel. The three lots could be approved for RSC-l, but to change the C-l portion would require additional hearings. It was determined development should be controlled with a development agreement. Councilmember Bean moved to approve the zone change from R-l to C-l for Lots 10, 11, and 12 of Block 3 Meadow Lark Estates Division No. 2 subject to an acceptable development agreement. The motion was seconded by Councilmember Loveland. Roll call vote: Bean - Yes; Loveland - Yes; Bohn - No; Hall - Yes. The motion carried. Eric Davis, Cantlon Properties, updated the Council on the Ammon Town Center. He presented a new leasing brochure. The Center is being handled by Consolidated Realty Group of Salt Lake City. They have a professional organization and contacts with major retailers allover the country. The purpose of this visit is to discuss development of Pad A and/or Pad B at the corner of East 17th Street and Hitt Road. Originally, Key Bank was interested in the corner location, but due to various things going on with Key Bank, the Bank is talking about doing something different. There is a possibility that Red Lobster will come to the site. They are interested. It is not a "done deal", and Mr. Davis did not come to ask for a final decision. They are in the middle of negotiations, and the issue has been raised about a liquor license. Ammon has not had a liquor by the drink license issued in Ammon except for beer and wine. It is important to have the feel of the 70 July 11, 1996 community on this issue. Red Lobster is a family oriented restaurant, but as an accommodation to the diners, they do serve liquor by the drink. Alcoholic beverage statistics were discussed. Attorney Anderson explained the state laws regarding sale of alcoholic beverages. The City is empowered to issue a license for sale of liquor by the drink, but it can be regulated by local option. Population determines how many liquor licenses an incorporated city can have. At the present time, City of Ammon ordinances only address the sale of wine and beer. Mayor Ard asked each of the Councilmembers to express their opinion about the issue. Each of the Councilmembers responded. The majority believed that Red Lobster operates a good restaurant which would be an asset to Ammon. None of the City Officials are advocates of liquor, but from experience, observed Red Lobster's sale of liquor by the drink has been low key and not recognized as posing a serious problem. Basically they expressed willingness to accept a Red Lobster. I Jordan Ice Cream of Rexburg, Idaho, requested a license to operate a mobile ice cream vending business in the Ammon neighborhoods. The Council had a problem with the safety of children running out into the street to make purchases. Councilmember Bean moved to deny the request of Jordan Ice Cream for a business license based on safety reasons. The motion was seconded by Councilmember Bohn. Roll call vote: Bean - Yes; Bohn - Yes; Hall - No; Loveland - Yes. The motion carried. Councilmember Hall moved to approve the minutes of City Council Meeting held May 2, 1996. The motion was seconded by Councilmember Loveland. Roll call vote: Hall- Yes; Loveland - Yes; Bean - Yes; Bohn - No. Councilmember Bohn voted no because things were not accurately recorded. They are opinions rather than what actually happened. The minutes of May 2, 1996, stand approved with one dissenting vote. No action was taken to approve the minutes recorded for May 16, 1996, because there was not a quorum present. Without quorum there should be no meeting and no minutes are required. Councilmember Bean moved to approve the minutes of City Council Meeting held June 6, 1996. The motion was seconded by Councilmember Hall. Roll call vote: Bean - Yes; Hall - Yes. The motion was not completed. Councilmember Bohn did not want to vote on the motion because the Council had not had an opportunity to read the minutes. Councilmember Bohn moved to table the motion on the minutes of June 6, 1996, until the next City Council Meeting. The motion was seconded by I Councilmember Loveland. Roll call vote: Bohn - Yes; Loveland - Yes; Hall - No; Bean - No. Mayor Ard voted - Yes to table the motion on the June 6, 1996, minutes. The motion to table carried. Reports: Some ideas encouraged The street up. Public Works Director Wadsworth reported on water pressure problems. have been tried to try to regulate the pressure. Residents should be to water their lawns and gardens at night while the weather is so hot. intersection replacement project is basically complete except for clean Attorney Anderson reported he has prepared the annexation agreement and the annexation ordinance for Fox Hollow Division No.2. They are ready for action as soon as the developer signs the agreement. Councilmember Loveland reported there is an Eagle Scout who wants to plant some trees around the City Building. Engineer Benton reported on Well No.8 progress. He will be ready to call for bids on a pump in a week to ten days. Assistant Fire Chief Farrow reported for the Fire 4th activity. Rich Lane was covered as requested. personnel checks on new volunteers. Larry Schuldt inquired if anything had been done with Bonneville County regarding I his contract for building inspections with the City of Ammon. Mayor Ard requested the County Commissioners to consider immediate termination of the agreement. They responded with a letter which stated, "the Board of Commissioners wish to continue to honor our obligations under the terms of the agreement for the sixty-day period, August 11, 1996, by performing inspections for all permits issued in the city of Ammon and following through to completion of construction on all permits issued during this period, even if those inspections extend beyond August 11, 1996." Mr. Schuldt was concerned that the County will be taking all the permits for the peak building season. He stated City of Ammon has some obligation to him. His contract with Ammon was dated June 11, 1996, and he gave up the job he had to come for Ammon. Now he is basically unemployed until August 12, and he is caught in the middle of the City and the County. The City Officials explained when they entered into the agreement with Schuldt, both parties knew the agreement with the County was in effect but were under the impression there was no problem with terminating it. The Department. He discussed July The Department plans to do some I I I 71 July 11, 1996 County has chosen to exercise the sixty-day option. Schuldt asked, "Where do we go from here?" Attorney Anderson stated we were not prepared to answer, but he agreed to research the issue for a recommendation. Claims were approved. Councilmember Hall moved to adjourn the meeting, and the motion was seconded by Councilmember Bohn. The meeting was adjourned at 9:40 P.M. ATTEST O-f:;! h'/J laJ ~ ~L.~~ CITY CLERK. 7