Loading...
Council Minutes 9/12/2006 (93) I I I 158 November 6, 1997 CITY OF AMMON November 6, 1997 Minutes of the Public Hearing and Regular Meeting of the Mayor and City Council: The meeting was called to Building, 2135 South Ammon present: Mayor C. Bruce Ard Councilmember W. Lee Bean Councilmember Sherrill C. Bohn Councilmember Ira K. Hall Councilmember Steven J. Loveland order by Mayor C. Bruce Ard at 7:30 P.M. in the City Road, Ammon, Idaho, with the following City Officials Attorney W. Joe Anderson Engineer David E. Benton Public Works Director David Fire Chief Clarence Nelson City Clerk Aleen C. Jensen Wadsworth Others Present: Ron Rhoades Richard R. Dare, Mountain River Engineering Brett and Katie Judy, 2310 South Ammon Road, Ammon Darwin and Glenda Judy, 3337 South 25th East, Idaho Falls Jared Judy Brenda and Charlie (Scout) Prudent Alan and Kerrie Obray, 3475 Taylorview Lane, Ammon Guy Thompson, 3440 Senoma Circle, Ammon Roger and Barbara Stomme1 Mary LoPiccolo, 3620 Taylorview Lane, Ammon George Watkins III, 2155 Midway Avenue, Ammon Guy and Lori Strayer, 3570 Taylorview Lane, Ammon Kermit and Venda Ulstad, 3460 Taylorview Lane, Anmon Jay Johnson, 2125 Cabellaro Drive, Ammon Gary L. and Marcia Bingham, 3660 Taylorview Lane, Amnon Shirley Smith, 1960 Curlew Drive, Ammon Wayne and Sharon Farmer, 3400 Taylorview Lane, Ammon Henry W. Thomason, 3530 Taylorview Lane, Ammon Bob Stahn, 3440 Taylorview Lane, Ammon Jeff and Claudia Clark, 3605 Taylorview Lane, Ammon Brian and Jeff Davis Deborah Merrill, 3370 Southwick Lane, Ammon Richard Riggs, 2060 Heather Lane, Ammon Kevin and Jan Goodrich, 3435 Del Rio Circle, Ammon Michael and Linda Duncan Lennis and Margene Tirrell, 3195 Molen, Ammon Thomas Sautter, 3535 Taylorview Lane, Ammon Jeff and Michelle Metcalf, 2020 Curlew, Ammon Ronald Longmore and Scout son, 1770 Falcon Drive, Ammon Val Loveland, 3325 Rawson, Ammon David Sommer Leslee Mortensen, 3445 Taylorview Lane, Ammon Wendy Schoonmaker, 3330 Taylorview Lane, Ammon Dick Bybee, Planning and Zoning representative The Pledge of Allegiance to the Flag was directed by Councilmember Hall, and Councilmember Bean offered the invocation. Mayor Ard opened the Public Hearing to consider the request of Jay Johnson for annexation with initial zoning of RPA for 14.68 acres of property on the south end of Felt Waite Addition. Parties interested in testifying at the hearing were sworn in by Mayor Ard. The Planning and Zoning Commission considered the request at a Public Hearing held Tuesday, October 7, 1997. Notice of Hearing before the City Council was published in the Post Register on October 20 and 27, 1997. Property owners within three hundred feet were mailed notices of the hearing. Engineer David Benton represented the developer during the hearing and not the City of Ammon. Jay Johnson, developer, introduced the request, and he explained that the property is owned by Darwin and Glenda Judy. Development will extend Taylorview Lane to the south, and it is the intent to develop the lots in the same style as the other lots on Taylorview Lane. Darwin Judy, property owner, presented background information, and he showed a preliminary plat, which was prepared twenty years ago and proposed development of his property. Felt Waite Addition with Taylorview Lane as a center street was developed as Phase One. The extension of Taylorview Lane,under consideration at this hearing, was proposed for development in Phase Two. Glenda Judy, property owner, expressed her opinion. Development has been in the planning stages for about twenty years. Many people have contacted the Judys about 159 November 6, 1997 buying a lot, but Judys have been protective of how their property is developed. If pieces of their property or frontage on Sunnyside Road are sold, it makes it difficult to farm the remainder. There is no intention to develop all of the Judy property at this time, but this is a good opportunity to extend Taylorview Lane and to square up the farming portion. Jay Johnson's developments are well done. Dick Bybee, 2030 Ross Avenue, represented the Planning and Zoning Commission. At the conclusion of the public hearing before the Planning and Zoning Commission, they recommended that the request be denied. The biggest consideration was not the fact the Commission opposed annexation of more property to the City of Ammon. The biggest opposition was Hillcrest High School is directly across Sunnyside Road from Taylorview Lane, Schoolside Addition has just been completed, and Jay Johnson is in the process of developing StonehavenAddition with 27 townhouse lots or fifty- I four units plus a number of single family dwellings. The concern is for the concentration of a traffic problem in the area with limited access. There is going to be congestion in the area for a long time until a corridor or other plans are developed to alleviate the traffic problem. Wayne Farmer, 3400 Taylorview Lane, explained he does not have a problem with additional homes, but he is concerned about the traffic accessing Sunnyside Road from Taylorview Lane and the safety of the children. If the subdivision goes in as proposed, he would like to see a different access route. Henry Thomason, 3530 Taylorview Lane, stated he is all for progress, but he wondered if the City is ready for progress. The neighborhood is good, and he wants to keep it that way. He objects to anything affecting Taylorview Lane. Venda Distad, 3460 Taylorview Lane, expressed concerns that there are no street lights on Taylorview Lane, cars travel down the street extremely fast, and it is difficult to get out on Sunnyside Road. When she goes to work each morning, she often has to take an alternate route. She asked that the Council give consideration to a cui de sac on Taylorview Lane. Jay Johnson, developer, responded to the citizen concerns. The number of homes to be built in the Stonehaven Addition was clarified. Mr. Johnson heard so much about the Sunnyside Road traffic problem that he conducted a study of the Taylorview Lane and Sunnyside Road area. In and out traffic was counted at 7:09 A.M. and at 3:09 P.M. His findings showed minimum congestion and waiting time. I He observed that a street light would delay getting in and out longer. The logical way to develop the area is from the east to the west because the City of Ammon utilities are coming from the east to the west. You can not develop from Hitt Road to the east. Taylorview Lane can not have a cui de sac because Judy Street has been dedicated to intersect it and because Taylorview Lane is too long for a cui de sac according to City ordinance. The proposed annexation would allow fourteen additional homes on the end of Taylorview Lane. Kermit Distad, 3460 Taylorview Lane, disagreed that traffic congestion is minimal. At certain times of day it is an impossible situation to get out of Taylorview Lane on to Sunnyside Road. Residents try to avoid peak periods. Thomas Sautter, 3535 Taylorview Lane, expressed his concern about the traffic problem. Alan Obray, 3475 Taylorview Lane, stated it is dangerous to try to get out on Sunnyside Road. He asked if plans are to connect Wackerli to Taylorview Lane. Most of the residents are not opposed to annexation, but residents want to know the plans for traffic and safety. The City should not annex until those issues are addressed. City Officials have a responsibility. There needs to be two ways in and out. There are two traffic issues, one on Sunnyside Road and one on Taylorview Lane. Obray is opposed to development until something is done to resolve the traffic and safety issues. Mayor Ard pointed out plat. Some of the development plans. the hearing is strictly to consider annexation and not a concerns of interested parties should be addressed in I Councilmember Bean explained that annexation is a means to plan and control growth. Annexation brings the property into the City, but it does not give the developer the authority to develop without City approval. The City could lose control if we do not annex because the property is under the jurisdiction of Bonneville County. Wayne Farmer, 3400 Taylorview Lane, asked if there is any way all of the property to Hitt Road can be annexed so the residents would be assured Judy Street could connect with Hitt Road. He was advised that the property owner has to request annexation. I I I 160 160 November 6, 1997 Roger Stommel, a former resident of Taylorview Lane, explained that at one time the property west of Taylorview Lane was being considered for light industrial development. If the property is not annexed, Bonneville County has control. Bob Stahn, 3440 Taylorview Lane, stated his concern is the safety issue for his family. He recommended the City consider annexation from Taylorview Lane west to Hitt Road before annexation of Taylorview Lane to the south. Katie Judy, 2310 South Ammon Road, commented Taylorview Lane is not a problem because of the width and because it does not have curb and gutter. Other areas have addressed similar situations. Kerrie Obray, 3475 Taylorview Lane, opposed annexing south of Taylorview Lane until property to the west is annexed so there is control. Guy Strayer, 3570 Taylorview Lane, brought out that it is the high school students who create problems rather than the residents. David Sommer, added that widening a street does not necessarily make a street safer. Whenever there is bare ground, it is potential for development, but no one wants growth or no one wants change. The City of Ammon has been careful in the new subdivisions to address safety issues. Interested parties continued discussion. Areas of concern were development of Wackerli Addition, responsibility to widen Taylorview Lane, fire protection, police protection, size of lots, City boundaries, water and sewer services, speed limits, speed problems, development of Judy Street to Hitt Road, and benefits to the residents of Felt Waite Addition. Mayor Ard called for new and additional information. The public hearing was closed for public input, and the Mayor asked for Council discussion. Findings of the City Council were brought out in their discussion. A record of traffic accidents on Sunnyside Road between Hitt Road and Ammon Road was not available. Taylorview Lane does not have curb/gutter, and it is comparable in width to the north end of Ross Avenue. It is wider than some of the streets in Ammon. Turning lanes have been marked for the school entrances, but they probably assist the west bound traffic. There are definite concerns to be addressed, but they should be worked out in the development agreement, the plot plan, and the approval process. City of Ammon should control what they have the ability to control. It is recommended that Darwin and Glenda Judy look at annexing the remainder of their property. Judys do not object to annexation to the City of Ammon, but they want some time to check out details involved. This annexation is a good plan for control. It is also a good plan to zone as RPA because that is the same zone as Felt Waite Addition and is a protection to existing residents. A lesser zone would allow many things that are less desirable than the RPA zone will allow. This is the next block in the long range plan of moving toward Hitt Road. It squares up the Judy property. Water and sewer is available for extension. Councilmember Hall moved to approve annexation of 14.68 acres of property on the south end of Felt Waite Addition with an initial zone of RPA subj ect to an acceptable annexation/development agreement. The motion was seconded by Councilmember Bean. Roll call vote: Hall - Yes; Bean - Yes; Bohn - Yes; Loveland - Yes. The motion carried unanimously. Richard R. Dare of Mountain River Engineering presented, for the approval of City of Ammon, the final plat of Centennial Ranch Division No.3, a Bonneville County plat within the City of Ammon impact area. The Planning and Zoning Commission reviewed the plat on October 7, 1997, and they recommended approval. Councilmember Hall moved to approve the final plat of Centennial Ranch Division No. 3 as platted and presented to the Planning and Zoning Commission and to authorize Mayor Ard to sign it. The motion was seconded by Councilmember Bohn. Roll call vote: Hall Yes; Bohn - Yes; Bean - Yes; Loveland - Yes. The motion carried unanimously. Bonneville County Clerk Ronald Longmore and Brenda Prudent of the County Election Office directed the canvass of the Municipal Election for the City of Ammon held on Tuesday, November 4, 1997. They presented the canvass audit spread sheet of the election (copy attached) and the election poll books. The ballots were processed through the County election electronic data vote counting system. All ballots were accounted for and all ballots were counted properly. The election counting process was witnessed by Aleen Jensen, City Clerk. Tabulation of the results follows: City of Ammon Precinct 98 Registered Voters 2741 (2646 registered plus 95 same day registrations) Ballots cast 1160 42.32.% 161 November 6, 1997 Mayor: Bruce Ard LeRoy M. Duenes Greg Maeser Deborah J. Merrill Councilmembers (Vote for 2): Cory J. Brighton Harvey L. Crandall Ira Kimball Hall George W. Watkins III 489 42.37% 175 15.16% 301 26.08% 189 16.38% 385 17.87% 710 32.95% 658 30.53% 402 18.65% Councilmember Bohn moved to accept the canvass audit of the City of Ammon Municipal Election, November 4, 1997, as presented by Bonneville County Clerk Ronald Longmore I and to declare the results final electing Bruce Ard, Mayor; Harvey Crandall, Councilmember; and Ira Kimball Hall, Councilmember. The motion was seconded by Councilmember Loveland. Roll call vote: Bohn - Yes; Loveland - Yes; Bean - Yes; Hall - Yes. The motion carried unanimously. Val Loveland, 3325 Rawson Street, proposed a thank you in behalf of the citizens of Ammon to Russell Swensen for the walking path in McCowin Park. She suggested the walking path be named "Swensen Way." Val explained the history of how the walking path came about. Russell Swensen has spent endless hours on the path project and the recycling project. It was proposed that a small monument with a plaque be erected by the path triangle on Midway Avenue. The Council unanimously agreed to proceed with the recognition. Val Loveland and David Sommer will spearhead the thank you project. Deborah Merrill, 3370 Southwick Lane, expressed appreciation for the opportunity to attend Council Meeting to voice her opinion and for participation in the recent municipal election. Since the election results were announced, Ms. Merrill has been concerned with why some cities require run-off elections and some do not. Idaho Code states the candidate with the most votes wins unless the entity has adopted an ordinance to require a run-off election when the candidate does not get 51% of the votes. Some cities have adopted such an ordinance, but City of Ammon has not. Therefore, Mayor Ard was re-elected with 42.32% of the votes. Ms. Merrill proposed that Ammon consider adopting an ordinance to require a run-off election. She believes a completely democratic process would require 51% of the I votes for election. Various pro and con opinions were stated. Deborah Merrill was asked to collect some facts on the run-off election issue. The Council instructed the attorney to establish hours for the election polling place in the City of Ammon to be 8:00 A.M. to 8:00 P.M. in the recodification of the ordinances. Jan Goodrich, 3435 Del Rio Circle, represented the Hillview School PTO. The parents and teachers are interested in increasing their playground equipment, especially for kindergarten and first grade children. In the City newsletter, they learned the City has plans to improve the McCowin Park playground equipment. Since the school and the park are adjacent to each other, they wondered about the possibility of the two working together on playground equipment provided liability and budgets are addressed. The Council was in favor of the idea and recommended that Ms. Goodrich contact Mala Lyon who is already working on playground ideas. It was suggested .some businesses may be willing to contribute toward a community and school playground project. Val Loveland suggested that the recycling program be enlarged. Councilmember Loveland moved to approve the minutes of the City Council Meetings held October 2 and October 16, 1997. The motion was seconded by Councilmember Bohn. Roll call vote: Loveland - Yes; Bohn - Yes; Bean - Yes; Hall - Yes. The motion carried unanimously. Richard Riggs, 2060 Heather Lane, requested a business license for Teton Secured Transport at the last meeting, but there was not a quorum present to act on his request. Mr. Riggs explained their plans to provide a transport service for ambulatory people on a non-emergency basis. It will operate as a basic life support system. Mail will be addressed to Richard Riggs, Operation Manager, at his home, 2060 Heather Lane. Calls will be received and dispatched from All West Answering Service. The ambulance will be housed in a garage/ shop behind 3345 Rawson Street, Ammon. The state is requiring a business license where the ambulance is housed. At the present, they will operate with one ambulance between the hours of 7: 00 A.M. and 7: 00 P.M. The Council had questions about issuing a business license. They did not want to grant a license for a non-conforming use, and they did not want to grant a license for a commercial operation in a residential zone. Attorney Anderson advised they could grant a license to operate a transport service to be conducted in the City of Ammon. Councilmember Bohn moved I I I I 162 November 6,1997 for state purposes to approve a business license for Teton Secured Transport to operate a non-emergency ambulance service in the City of Ammon for the period of one year and to require a review of the license if there are any changes. The motion was seconded by Councilmember Hall. Roll call vote: Bohn - Yes; Hall _ Yes; Bean - Yes; Loveland - Yes. The motion carried unanimously. Jeff Metcalf, 2020 Curlew Drive, requested a non-commercial kennel license for three dogs--one small mixed male, one male poodle, and one female spayed poodle. He does not plan to breed dogs. The neighbors named on the application form signed to give their consent except for one. Councilmember Bean moved to approve a non- commercial kennel license for Jeff Metcalf. The motion was seconded by Councilmember Loveland. Roll call vote: Bean - Yes; Loveland - Yes; Hall - Yes. The motion carried. Councilmember Bohn was away from her station when the vote was taken. Jeff Metcalf stated he felt they were being singled out over dog issues because they called attention to themselves by trying to solve a neighborhood dog abuse problem. Metcalfs do not object to obeying the dog laws, but everyone should be treated equal under the law. Other neighbors are not complying with the law, and they are not being forced to do so. The Council discussed settlement on Well No.8 for Peak Alarm Company and for R and S Construction. Peak Alarm is billing the City $157.18 for monitoring service. Rand S Construction installed the alarm during construction, but the City does not want the service. The alarm has never been hooked up as there is no phone service to the well. Reed Hill of Rand S Construction approached Mayor Ard about negotiating on the $12,800 liquidated damages withheld from their contract. Mr. Hill does not want to pursue legal action and neither does the City. It was de- cided to request Rand S Construction to make an offer for the City to consider. Mayor Ard will ask Reed Hill for an offer. The Council reviewed the final amount due to BE CO for the 17th Street Asphalt Paving Proj ect. The total due is $207,883.28 and Engineer Benton was asked to submit a detailed breakdown of costs for payment. Payment has been made except for $28,258.32 balance. Councilmember Bohn moved to approve a dba J. B. Manufacturing (general nature Wanda Street. The motion was seconded Bohn Yes; Loveland Yes; Hall unanimously. home occupation permit for Janet Bushman, of the business is sewing and crafts), 4315 by Councilmember Loveland. Roll call vote: Yes; Bean Yes. The motion carried Public Works Director David Wadsworth submitted a proposal to purchase a new sanitation truck from Hirning Truck Center, Pocatello, Idaho, on a piggyback bid, P. O. 63000-000 February, 28, 1997, City of Idaho Falls. Councilmember Bean moved to order the 1998 GMC C7000, 10-\vheel truck with a Leach Alpha Rear Loader at a cost of $52, 92!f. 00 for the truck and $39,730.00 for the loader or a total of $92,654 as quoted by Reece M. Bowen of Hirning Truck Center. The motion was seconded by Councilmember Hall. Roll call vote: Bean - Yes; Hall - Yes; Bohn - Yes; Loveland - Yes. The motion carried unanimously. Delivery may not be until September, 1998. Councilmember Hall moved to approve the 1998 renewal of business licenses for Albertson's for a retail store, for beer by the bottle not to be consumed on the premise, and for wine by the bottle not to be consumed on the premise. The motion was seconded by Councilmember Bean. Roll call vote: Bean - Yes; Hall - Yes; Bohn - Yes; Loveland - Yes. The motion carried unanimously. The developer of the 26-unit senior housing development, Teton Terrace, has requested the Council to approve their plot plan. The development is part of Lot 1, Block 3,Monty Howell Addition platted several years ago. An amended plat was filed in 1989 to allow development by pay-N-Play but the deal did not materialize. The amended plat calls for 20' setback lines. The developer does not want to follow the amended plat setbacks but wants to develop with 6' setbacks as allowed by ordinance in a C-l zone. Attorney Anderson interpreted that the Council could make a motion to recognize the plot plan, as requested, is in compliance with the requirements of the C-l zone. Councilmember Hall moved to recognize the new plot plan for Teton Terrace with 6' setbacks is in compliance with the zoning. The mot- ion was seconded by Councilmember Bean. Roll call vote: Hall - Yes; Bean - Yes; Bohn Yes; Loveland Yes. The motion carried unanimously. The Council determined that the building permit fee should be based on square foot valuation as calc.ulated by the building inspector unless commercial applicants show a cost breakdown supported by bids. Reports: David Wadsworth reported for Public Works. Three waterlines have been repalred, the snowplows are ready to go, the sprinkler system lines have been blown out, and the border around Peterson Park playground equipment has been poured. Circuit City and Staples are under construction in the Ammon Town Center. 163 November 6, 1997 Attorney Andersn reported Mike Norris responded regarding the suit filed in preparation for taking judgement for the computer not delivered. His answer constitutes a default so it has to be set up for a trial. The Council authorized Attorney Anderson to proceed. Work is progressing on the recodification proj ect. Attorney Anderson asked for clarification on license requirements. Electricians and plumbers should be licensed by the state. Public Works contractors are licensed by the state. City of Ammon will not require a general contractor's license as long as they build by code and call for inspections. Attorney Anderson will investigate the possibility of the City adopting a policy to make the owner responsible for utilities on rental units. Engineer Benton discussed annexation of the Webster property with the Ashment property. The Webster property needs to be considered through the hearing process before it can be annexed. Engineer Benton also discussed possibilities for connecting the Ashment property to the water and sewer. He will continue to work on the plans. I Mayor Ard discussed a letter from the City of Twin Falls promoting education con- cerning enhancement and conjunctive management of Idaho's water resources by Idaho Water Alliance. Fire Chief Clarence Nelson reported things had been quiet with the Fire Department. Fire Marshal Ca1 Smith has been completing fire inspections on businesses in Ammon. Counci1member Bean moved to adjourn the meeting, and the motion was seconded by Counci1member Hall. The meeting was adjourned at 10:50 P.M. ~ ATTEST /'-1;; )/1*" : t~~"rr.J l..... ",'J~V CITY CLERK G"- I I -;:t " '" 0'1 ..-l 0'1 r-f CANVASS AUDIT SPREAD SHEET CITY OF AMM:ON MUNICIPAL GENERAL ELECTION ft '" J...l <1l ~ <1l > o Z CANVASSHELD:NOVEMBER6,1~7 - - PRECINcr NUMBER ~ A B C D E F G H I J REGISl'ERED Voting BALLOTS Electors Number TOTAL Number Number BALLOTS EARLY FINAL COMPUma SENT TO Signing Absentees Electors Spoiled Ballots Accounted Transport Transport LOG PRECINcr Poll Book Ballots Voting Ballots Returned For Log Entry Log Entry , pollbook + , election day = total A plus C..G B plus C=D , 1 DplusEplusF = G H plus I equals 1 Precinct 98 2,646 95 2,741 42.32 % 2,000 1,107 53 1,160 2 2,053 3,215 0 1,160 1,160 TOTAL 2,646 95 2,741 42.32 % 2,000 1,107 53 1,160 2 2,053 3,215 0 1,160 1,160 A TrEST: ~(!Q~ CITY~ We, the council members of the City of Ammon, State of Idaho, have examined the audit of the General Municipal Election held on November 4, 1997, and do hereby state that we believe the foregoing to be a true and completed record of all votes cast within this city at said election, as shown by the records now on file in the office of the County Clerk. Whereunto we set our hands this 6th Day of November, 1997. I, Aleen C. Jensen, City Clerk of Ammon, State of Idaho, do hereby certify that the above and foregoing is a full, true and complete audit of the General Municipal Election completed on the 4th day of November, 1997, as shown by the records now on file in the office of the County Clerk, C.:J...L:J ~ J iC I~~ ~. /~ -- - - -