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5/7/1998 Council Minutes I I I 198 May 7, 1998 CITY OF AMMON May 7, 1998 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 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 City Clerk Aleen C. Jensen Wadsworth Others Present: Peggy Smith, 2945 Carolyn Lane, Ammon Gary L. and Laraine Sant, 3665 Marlene Street, Idaho Falls Diane M. Poirier, 3777 Marlene Street, Ammon Don and Geraldine Duncan, 3800 Marlene Street, Ammon Matthew and Colleen Pincock, 3965 Ross Avenue, Ammon Fred and Wanda Karford, 3520 East 17th Street, Ammon Jerry Mitchell, 3751 Marlene Street, Ammon Robert L. Nebeker, 3833 Marlene Street, Ammon Marsha Bingham, 3660 Taylorview Lane, Ammon Keith Brown, 1955 Ross Avenue, Ammon Jay Johnson, 2125 Cabellaro Drive, Ammon Gary and Adam Darrington, 1890 Avocet, Ammon Bryce Anderson, 465 Advantage Lane, Ammon H. Dwight Whittaker, 3801 Marlene, Ammon Alvin Hiatt, 3750 Marlene Street, Ammon Edwin C. Biddulph, 2560 South 60 East, ldaho Falls Tom Bird, 3905 South Ammon Road, Idaho Falls Robert Farrow, Assistant Fire Chief Absent: Councilmember Harvey L. Crandall The Pledge of Allegiance to the Flag was directed by Councilmember Bean, and Councilmember Hall offered the invocation. Mayor Ard opened the Public Hearing to consider the request of Jay Johnson to rezone Lot 1 through Lot 11, Block 1, Stonehaven Division No. 1 from R-l to R-2. Notice of Hearing was published in the Post Register on April 21 and 28, 1998. Property owners within three hundred feet (300') and other interested parties were mailed notices of the hearing. Mayor Ard swore in individuals who desired to present testimony. Jay Johnson, developer, explained his request and answered questions. The proposal is to change the zoning to have a section of townhouses on both sides of Stonehaven Drive. Townhouses are single story, and the developer plans to separate them from the backyards of the lots on the east side of Taylorview Lane with a six foot (6') white, plastic fence. Advantages to the rezone are (1) R-l would allow split level and two story dwellings while R-2 (townhouses) are to be one story. (2) The density of townhouses will be less than single story dwellings. Prior to presenting the proposed change to the Planning and Zoning Commission, Jay Johnson obtained input from the neighbors. In reply to the inquiry about what neighbors were talked to, Jay Johnson stated he did not talk to Taylorview Lane residents as a whole. Those talked with were mostly the property owners who backed up to the lots proposed for change. Contact was made by Alan Obray, and his report back to Johnson was "go for it." Councilmember Bohn asked why Johnson did not request R-2 on these lots in the first place. The response was the original proposal was for townhouses, but adj acent property owners objected. It was thought that R-l would be a good buffer for the RPA zone on Taylorview Lane until it was realized that split level or two story houses built on eighty foot (80') frontage lots would mean greater density than townhouses. Marsha Bingham, 3660 Taylorview Lane, asked if the lots were not too small for townhouses. They are too small as platted. It will require three lots for two buildings (four units). She was not contacted. She would like assurance Johnson will not be requesting changes to build townhouses by her house. She objected to making changes after the original plans have been approved. Townhouses are being built because there is a demand for them. The price range and the square footage of the units was discussed. The Planning and Zoning Commission conducted a Public Hearing on April 7, 1998, to consider the request. Councilmember Hall reported on their hearing. Three 199 May 7, 1998 people testified. One did not like the changing of plans, but did not oppose the R-2 zone. Two were in favor. There was some discussion about whether or not to leave Lot 10 and Lot 11 zoned R-l. Their final decision was to recommend to the City Council rezone of all eleven lots from R-l to R-2. There is a natural division between townhouses and single family dwellings at Lot 11. Mayor Ard closed the Public Hearing and opened the meeting for Council discussion. There was no further discussion. Councilmember Bean moved to approve the rezone from R-l to R-2 for Lot 1 through Lot 11, Block 1, Stonehaven Division No.1. The motion was seconded by Councilmember Hall. Roll call vote: Bean - Yes; Hall - Yes; Bohn - Yes. The motion carried. Peggy and George Smith, 2945 Carolyn Lane, requested a non-commercial kennel license. Smiths have three dogs. The dogs are valuable, and they are kept in a 12' X 12' kennel. They are not breeding dogs, and they are not habitual barkers. Signatures were obtained from all the property owners specified on the application except for one. The one exception is a house under construction. Councilmember Bean moved to approve a non-commercial kennel license for Peggy and George Smith, 2945 Carolyn Lane. The motion was seconded by Councilmember Hall. Roll call vote: Bean - Yes; Hall - Yes; Bohn - Yes. The motion carried. Fred Karford, 3520 East 17th Street, requested information about what the City of Ammon plans to do about extending Marlene Street to Ammon Road before he continues with development plans for his property. If Karford needs to dedicate a thirty foot (30') right-of-way for Marlene Street, it will require almost an acre of his ground. He needs to know where Marlene Street is going and when it is going. He does not want Marlene Street extended, and he wants a decision from the City Council. Laraine R. Sant, 3665 Marlene Street, presented a petition signed by twenty-five residents of Marlene Street which states: "We the undersigned, petition the City of Ammon to abandon the proposed Marlene Street Extension. We do not want Marlene Street to become a through street to Ammon Road." She also presented three separate letters from James W. and Lee Ann Sterbentz, Kirk and Nancy Peterson, and Kris Hiatt which explained their objection. These individuals also signed the petition. President Edwin Biddulph of the Ammon LDS Stake sent a letter to object to the extension of Marlene Street prior to the Public Hearing before the Planning and Zoning Commission concerning the request for annexation of the Fred Karford property. There were no interested parties present in favor of extending Marlene Street. Jerry Mitchell,375l Marlene Street, stated no one wants to extend Marlene Street. The only plan is a rough sketch. Nothing in the County maps or plats shows that the street goes through. Engineer Benton pointed out there is a recorded dedication for a street through the church property. Background history of Marlene Street was discussed. The main concern is for a proper turn around for the garbage truck and emergency vehicles. At the present time, the garbage truck backs out of Marlene Street. Other vehicles use private driveways to turn around. Public safety is important. A dead end street is not unique to Marlene Street. For example, Wanda Street also dead ends. When the Ammon LDS Stake property was annexed in 1979, provisions for extending Marlene Street were considered. Probably the reason for doing so was to provide an additional access for Jennie Jean Estates. If the street does not go through, it is necessary to have a cuI de sac or some legal easment for a turn around. Jerry Mitchell stated the property owners are not representing Fred Karford. The property owners on Marlene Street do not want it extended. Alvin Hiatt, 3750 Marlene Street, advised the snow plow turns around at the end of Marlene Street. Other vehicles manage to turn around without a problem. Dwight Whittaker, 3801 Marlene Street, one wants Marlene Street to go through. safety is a focal point. The garbage Street. stated that it is pretty evident that no However, as the Engineer discussed, public truck should not be backing down Marlene Ways to solve the issue were discussed. Marlene Street is low traffic. Emergency vehicles have not experienced problems. The Bonneville County plat appears to designate an easement for a turn around. Counci1member Hall said he did not see a need for the street to go through if the people do not want it, but it would be advantageous to have a turn around. There are two issues--one abandon Marlene Street and two, how to accommodate the safety aspect to eliminate the need to back out. The City needs to address the problem for Marlene Street and for Wanda I I I I I I 200 May 7, 1998 Street. There is not an easement or dedication to extend Wanda Street through to Ammon Road. There is an easement for a cu1 de sac on Wanda Street which is similar as for Marlene Street. The Sants should consider annexation of their property to the City of Ammon. Counci1member Bohn moved to leave Marlene Street a dead end street, to retain the cu1 de sac easement at the dead end, and to vacate the Marlene Street easement through the church property. The motion was seconded by Counci1member Hall. Roll call vote: Bohn - Yes; Hall - Yes; Bean - Yes. The motion carried. Matthew Pincock and Tom Bird inquired about developing a lot in the Tom Bird Addition Division No.1. The addition consists of two extra deep lots on the south end of Ross Avenue. Public Works Director Wadsworth oriented the Council to the area. The City has been using the Bird property as a drain field. The City is partially committed to the property owner to install a French drain to handle Ross Avenue run off if the Bird property is developed. Engineer Benton explained that the curb and gutter on Ross Avenue ends twenty/thirty feet before the lots in Arnold Wadsworth Addition and Warren Bird Subdivision end. When the property was platted, Tom Bird was required to dedicate an easement to extend Ross Avenue south through the property. There should be a French drain and a turn around, but curb and gutter is not needed at this time. Matthew Pincock has an option on Lot 1 and he plans to build a single family dwelling. The owner and the prospective buyer want to know what the City will require in order to obtain a building permit. Counci1member Hall moved to authorize Public Works Director Wadsworth to install a French drain on the south end of Ross Avenue and to assure the owners, if they install water and sewer lines to match existing lines (6" water and 8" sewer) and pave a turn around, the City will issue a building permit. The motion was seconded by Counci1member Bean. Roll call vote: Hall - Yes; Bean - yes; Bohn - Yes. The motion carried. The French drain will be installed when development occurs. Any development further to the south will require a sewer lift station. The owner is responsible for the costs involved in extending the water/sewer lines, and the City will require a connection fee for a normal house with the building permit. Counci1member Bohn moved to approve the minutes of City Council Meeting held April 16, 1998. The motion was seconded by Counci1member Bean. Roll call vote: Bohn- Yes; Bean - Yes; Hall - Yes. The motion carried. There is concern about the property at 2255 Midway. Julie R. Woodall attended a City Council Meeting to inquire about a home occupation permit for "24 Hour Safety1and" Day Care. At that time, the property had not been purchased, and the Council did not authorize any permit. Since then Julie R. Woodall et a1 has pur- chased the property and repairs are underway. Neighbors are concerned because it appears the new owners are working on a commercial venture rather than a home occupation. The Council requested that a letter be sent to Julie R. Woodall to request her to come to Council Meeting to explain her intentions if she is pursuing a day care at 2255 Midway Avenue. Unfinished Business: Attorney Anderson reported the codified ordinances of the City of Ammon have been prepared for review, and they are ready for adoption. The adoption of the recodification will be scheduled on the agenda for Council Meeting on May 21, 1998. The Council instructed the City Clerk to publish a legal notice in the Post Register to advise citizens. The Council is open for ideas regarding the recycling program. Assistant Fire Chief Robert Farrow advised that the Auxiliary may be interested in pursuing the recycling, and he agreed to ask them. Councilmember Hall recommended the recycling be operated as a community affair. Operation and maintenance of the Peterson Park restroom was discussed. It is not good to leave the restroom unlocked, but someone needs to open the restroom for evening and weekend special events. Ideas were discussed. Individuals reserving the shelter should pick up a key for the restroom at the City Office and pay a $10 deposit. When the key is returned, the $10 will be refunded provided the restroom is clean. The shelter in Peterson Park leaks. A propane heater is not allowed in a basement because it is heavier than air. This is according to code and no where is it allowable. Saturday, May 16. Residents should be flyers at businesses, and a notice on Spring Clean-Up Day is scheduled for reminded by an ad in the Post Register, the Jorgensen Music sign. A letter of complaint was received from the Chasewood Homeowners Association. They are concerned about the condition of the property southwest of their development owned by Anderson Lumber. "Their lack of maintenance of this property causes an 201 May 7, 1998 inordinate amount of tumbleweeds to encroach upon our property when the wind is blowing excessively (which is frequent in this area), and the damage they have and potentially could cause." They requested the City to assist in eliminating the nuisance. The Mayor agreed to contact Anderson Lumber Company. The Fire Department is willing to burn the weeds for $100. City Clerk Jensen discussed the policy concerning concessions in the park. The Lyon and the Hartley families have each purchased annual licenses to sell pop, candy, etc. in Peterson Park from their backyard gate. Lyons renewed their license for this year. Hartleys do not plan to continue, and the Lairds want to take over. The Council did not have a problem with issuing a license to Lairds. Reports: David Wadsworth reported for Public Works. The crew is working on the sprinkler system for Peterson Park. Wells No. 5 and No. 6 are now running. Attorney Anderson brought the Joint Powers Agreement for Building Inspections with Bonneville County. The Mayor signed the agreement. Bonneville County is doing a good job on the plan checks and the inspections. A letter is to be sent to Larry Schuldt to give him a time limit to complete the paperwork on the permits issued while he was under contract with the City. Councilmember Bohn presented a proposed basic drawing center which was prepared by Skidmore Construction. people has been organized, and they are scheduled to p.m. The plans were reviewed, and building costs were for a fire station/community A citizens committee of six meet Monday, May 11 at 7:00 discussed. Councilmember Bean inquired about the building permit for the Montessori School on First Street. The hole by Scott Hall's at Brookfield and Ross still needs to be patched. The garbage crew has been taking grass clippings, but they have been leaving wood scraps. City Clerk Jensen called attention to the continuing problem regarding the racing pigeons on Rich Lane. George Lukasik is concerned because Keith Austin has started shooting at the pigeons. George is worried that his children will be victims rather than the pigeons. Claims were approved. Councilmember Hall moved to adjourn the meeting, and the motion was seconded by Councilmember Bohn. The meeting was adjourned at 9:30 P.M. ~4J ATTEST: // ~ IJ' ~ . t L-"t~"J ~ ./... ?7~ CITY CLERK t/ I I I