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Council Minutes 9/12/2006 (154) I I I 137 August 4, 1994 CITY OF AMMON August 4, 1994 Minutes of the Regular Meeting of the Mayor and City Council: The meeting was called to order at Street, Ammon, Idaho, by Mayor C. present: Mayor C. Bruce Ard Councilman Harvey Crandall Councilman Ira K. Hall Councilman Steven J. Loveland Councilman Greg J. Maeser City Clerk Aleen C. Jensen 7:30 P.M. at the City Building, 3270 Molen Bruce Ard with the following City Officials Attorney W. Joe Anderson Engineer David E. Benton Public Works Director David Wadsworth Fire Cheif Cal Smith Fire Marshal Robert Farrow P&Z Commission Chairman Dick Bybee Others Present: Phillip Deaton, 2040 Eagle Drive, Ammon Joy Jenkins, 3560 Georgia Lane, Ammon Gladys Southwick, 2650 South Ammon Road, Ammon Julie Southwick, 2690 South Ammon Road, Ammon Vondell Erickson, Anderson Lumber, 1400 North Holmes Ave., Idaho Falls Melvin and Renee Walsh, 3490 Rawson Street, Ammon Mike Marlatt, Anderson Lumber, 288 Plantation Circle, Idaho Falls Glen Anderson, Anderson Lumber, 4700 Harrison, Ogden, Utah The Pledge of Allegiance to the Flag was directed by Councilman Maeser, and the invocation was offered by Councilman Hall. Councilman Crandall was contacted by a Stephens boy, 2465 Princess Drive, regarding an Eagle Scout project to paint about fifty fire hydrants. He requested the City to furnish the paint, and he would provide the labor. Scout Stephens was advised the request would be discussed at Council Meeting. In the past the City has furnished materials for some proj ects, and the scout has been responsible to provide both materials and labor for many of the projects. The Council discussed the need for fire hydrants to be painted, quantity of paint needed, preparation details, and project supervision. It was determined the project would be beneficial to the City, and a good quality of paint would be required. Councilman Crandall moved to purchase the supplies to paint the fire hydrants out of City funds because it is a worthwhile proj ect for Ammon. The motion was seconded by Councilman Maeser. Roll call vote: Crandall - Yes; Maeser - Yes; Hall - No; Love- land - Yes. Councilman Hall voted "No" because he believes the scout should be responsible for at least part of the materials. The motion carried. The Fire De- partment was asked to supervise the project. Chairman Dick Bybee reported on Planning and Zoning Commission action at their meeting of August 2, 1994. A request for variance by Leonard and Janet Powell, 3035 Central Avenue, was considered. It was recommended that the Powell request be denied because it does not meet the criteria for granting a variance. The final plat and the site plan for Anderson Lumber were recommended for approval. Ten building permits were issued since their June meeting. Building plans for Albertsen's to be located in the Ammon Town Center development have been received for review. Mayor Ard opened Council discussion on the request for a backyard variance for Richard Eldridge, 2330 Cabellaro Drive. Action on this request has been tabled since July 7, 1994. In order to better understand the request, Councilman Crandall and Councilman Hall made on site inspections of the Eldridge property, Councilman Maeser did a drive through inspection of the Ammon Meadows Subdivision, and Councilman Loveland was familiar with the development. The Council requested a copy of the plat, and they studied it in relationship with the surrounding properties. It was determined the back of the Eldridge property abuts property zoned R-l and RPA, and the division of properties in the area leaves approximately two acres landlocked. The Council expressed the opinion that, except for the lots along Ammon Road, the lots in Ammon Meadows should have been zoned R-l instead of RPA. However, the lot sizes do meet the RPA requirements. In reply to why the subdivision was zoned RPA, Engineer Benton stated he did not know why unless it was to provide for ten (10) feet side yards. The Planning and Zoning Commission recommended denial of the request for variance because it does not meet the requirements of the zoning ordinances. Councilman Hall moved to request the Planning and Zoning Commission to initiate action to change the zoning in Ammon Meadows from RPA to R-l. The motion was seconded by Councilman Maeser. Roll call vote: Hall - Yes; Maeser - Yes; Loveland - Yes; Crandall - Yes. The motion carried unanimously. As soon as the zone is changed, the applicant will not need a variance to build the storage shed. It will take some time to process a zone change, so the Council questioned what to do about Mr. Eldridge in the meantime. Councilman Crandall moved to grant a 138 August 4, 1994 backyard variance to Richard Eldridge, 2330 Cabe11aro Drive. The motion was seconded by Councilman Hall. Roll call vote: Crandall - Yes; Hall - Yes; Loveland - No; Maeser- No. Mayor Ard voted "Yes" to break the tie. Councilman Maeser voted "No" because the request does not meet the definition of a variance, and the Council is legally getting in trouble for not following the ordinance. Mayor Ard stated his reason for voting "Yes" is because he thinks the property was not zoned correctly in the first place, it has been an undue hardship on Mr. Eldridge now, and he has waited long enough for Council action. The motion to grant the backyard variance carried. Regarding the Sheppard and Shurtliff rezone requests, Councilman Crandall wondered if they should not be considered together to eliminate spot zoning. It was brought out that there are several lots between the two properties. Councilman Crandall declared conflict of interest, but he contacted Go1dmans to determine their 1 opinion. Mr. Goldman said whatever the Council decided would be okay with him. Councilman Hall talked with Rex Shurtliff about changing his boundaries. Mr. Shurtliff asked that action be postponed until next meeting to give him time to think through changing his request. The Council decided they preferred to act on Shurtliff's before Sheppard's. Therefore, both requests were tabled again. Joy Jenkins commented that action on the Sheppard and Shurtliff requests for rezone had been dragged on. Gladys Southwick, 2650 South Ammon Road, opposed changing the zoning to R-2 because of increase in population. Butch and Renee Walsh, 3490 Rawson Street, who live across from the Sheppard's property, stated they would like to get rid of the field but they do not want apartments. Julie Southwick, 2690 South Ammon Road, expressed opposition because of the increase in population and traffic. Mayor Ard introduced Ordinance No. 238 AN ORDINANCE OF THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO, VACATING A PORTION OF THE PLAT OF TIEBREAKER VILLAGE DIVISION NO. 2 TO THE CITY OF AMMON; VACATING AND CLOSING A PORTION OF A DEDICATED PUBLIC WAY DESCRIBED AS ALL OF MATCH POINT DRIVE EXTENDING SOUTH OF THE SOUTHERLY LINE OF TIEBREAKER DIVISION NO. 1 TO THE CITY OF AMMON; VACATING AND CLOSING WIMBLEDON DRIVE EXTENDING WEST FROM ITS INTERSECTION WITH THE SOUTH END OF MATCH POINT DRIVE TO THE POINT OF DIVISION TO ITS TERMINUS IN DIVISION NO. 6 OF TIEBREAKER VILLAGE; THAT THE PROPERTY IN SUCH DEDICATED WAY BEING VACATED SHALL REVERT TO THE PROPERTY OWNERS ON EACH SIDE FROM THE CENTER OF THE STREET TO EACH SIDE OF THE STREET; RETAINING AN EASEMENT SUFFICIENT IN WIDTH FOR THE INSTALLATION I AND MAINTENANCE OF UTILITY LINES IN MATCH POINT DRIVE AND WIMBLEDON DRIVE; PROVIDING FOR AN EFFECTIVE DATE. The Council members reviewed the various sections of the ordinance. Councilman Maeser read Ordinance No. 238 by title and moved to waive the reading of the ordinance on three separate occasions and to place it on it's third and final reading. The motion was seconded by Councilman Hall. Roll call vote: Maeser - Yes; Hall - Yes; Loveland - Yes; Crandall - Yes. The motion carried unanimously. Councilman Maeser moved to adopt Ordinance No. 238 as an ordinance of the City of Ammon on its third and final reading and to authorize the Mayor to sign the Quit Claim Deed to G. L. Snowden. The motion was seconded by Councilman Crandall. Roll call vote: Maeser - yes; Crandall - Yes; Hall - Yes; Loveland - Yes. The motion carried unanimously. Councilman Maeser introduced the first reading of Ordinance No. 239 AN ORDINANCE ANNEXING CERTAIN LANDS TO THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO; DESCRIBING WITH PARTICULARITY SAID LANDS TO BE ANNEXED AND HEREBY ANNEXED AND DECLARING SAID LANDS A PART OF THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO; DETERMINING THE PROPER ZONING FOR CLASSIFICATION OF THE ANNEXED LANDS AND TERRITORY UNDER THE ZONING ORDINANCE OF CITY OF AMMON, IDAHO; PROVIDING FOR AN EFFECTIVE DATE FOR THIS ORDINANCE AND OF THE ANNEXATION OF SAID LANDS (Hatch Property/Anderson Lumber Co.) Council members were asked to check the ordinance carefully to determine if the zones were accurate. Councilman M~eser moved to pass Ordinance No. 239 on it's first reading. The motion was seconded by Councilman Crandall. Roll call vote: Maeser - Yes; Crandall Yes; Loveland - Yes; Hall - Yes. The motion of the first reading of Ordinance No. 239 carried unanimously. -I Glen Anderson of Anderson Lumber Company presented the final plat and site plan for Division No. 1 of the Hatch property on the north side of East 17th Street. The Planning and Zoning Commission reviewed the final plat and the site plan on August 2, 1994, and they recommended approval of both as drawn. The major access will be from East 17th Street where the curb cut is already in place, but they want an additional 30' curb cut on the east corner. The parking area and the storage areas were pointed out. The owners of the Chambers Addition would like the trees on the east boundary to be retained. The trees are definitely on the Hatch property, but Anderson Lumber will try to preserve them. Engineer Benton stated they would have to create an island for the trees, so saving the trees is doubtful. The Fire Department stated they wanted fire hydrants located in the front and in the back I I I 139 August 4, 1994 because of all the storage. Councilman Hall moved to accept the Anderson Lumber Division No. 1 final plat and site plan as presented. The motion was seconded by Councilman Loveland. Roll call vote: Hall - Yes; Loveland - Yes; Crandall - Yes; Maeser - Yes. The motion carried unanimously. The 1995 Fiscal Year Budget worksheets were reviewed. Mayor Ard called for additional input. There has been one change since the last discussion. The City of Idaho Falls notified that the animal shelter participation will be $4845. Councilman Crandall suggested this is a good time to consider a new City Administration Building, and carryover funds in the amount of $300,000 could be allocated in the budget for such a project. Councilman Hall recommended seeking outside input on projected growths to help with City Building plans. Utah Power may have a program to assist or BMPO may have some suggestions. The proj ected revenue figures as calculated are considered to be realistic. Councilman Maeser inquired about obtaining a ten wheeler dump truck with a snow plow in case of a bad winter. Since the budget is still in tentative form, it was suggested the Public Works Director obtain information on a good, used dump truck. The status of Tie Breaker Park was discussed. The worksheet figures give consideration to street maintenance, a lawn mower/snow blower, an additional well, and some park improvements. A goal of Councilman Loveland is to get the Lion's Park restroom back in service. Budget figures appear to be workable. The tentative budget approval is scheduled as an agenda item on August 18, 1994. A two-car garage is in the process of being moved from Madge Hope's property at 3240 Central Avenue to property occupied by Gary Peebler at 3385 Owen Street. The City Code states "No permit shall be issued for the moving of any residential, commercial, or industrial building, from one site within Ammon to another site within Ammon... L.. . ... without first filing an application with the Zoning Administrator....The application shall then be submitted to the Board of Adjustment for approval." There has been citizen inquiry about whether or not the City Council has approved moving of the garage. Also, there has been indication of con- flict of interest because Councilman Loveland's mother-in-law owned the garage and his equipment was utilized for the move. The garage is to be located on property owned by Public Works Director David Wadsworth's brother-in-law. Councilman Loveland clarified all the details. Gary Peebler is purchasing the property where the garage is to be located. The City Council determined the garage is in conformity with the type and quality of the existing house, the zoning ordinances and building codes will be complied with, and the garage does not adversely affect buildings or uses on abutting properties. Councilman Maeser moved that the City Council acting as the Board of Adjustment approve moving the two-car garage from 3240 Central Avenue to 3385 Owen Street. The motion was seconded by Councilman Crandall. Roll call vote: Maeser - Yes; Crandall - Yes; Hall - Yes. The motion carried. Councilman Loveland abstained from voting to eliminate any question of conflict of interest. Kevin Croft, 3490 San Carlos, has cleaned up the right-of-way and sodded a strip of property about ten feet wide by ninety feet long on Ammon Road. He did not have any way to water the project so he purchased hoses and fittings. He has requested that the City reimburse him for the expenses incurred to maintain the section of right-of-way. The Council agreed the area has been improved, but they questioned whether or not he should be reimbursed from City funds. Councilman Hall moved to reimburse Kevin Croft in the amount of $57.82 for expense incurred in cleaning up the area of Ammon Road right-of-way by his property. The motion was seconded by Councilman Crandall. Roll call vote: Hall - Yes; Crandall - Yes; Love- land - No; Maeser - No. Mayor Ard voted "Yes" to break the tie. The motion carried. "No" votes were cast because there are others who have not been reimbursed for similar efforts. Mayor Ard explained, if anybody else put in as much effort and is willing to care for it from now on, it is pretty cheap labor for the City. Reports: Attorney Anderson reported on the Cantlon Properties/Ammon Town Center development agreement. Engineer Benton is working with the developers on the re- tention pond plans. Following a conference call with Eric Davis and Tim Terry, they faxed modifications-- "clarification of storm sewer lift station." The revisions provide for one lift station instead of two per the request of the City Council. Councilman Maeser moved to approve the development agreement for Cantlon Properties/Ammon Town Center as represented by the fourth draft with modifications. The motion was seconded by Councilman Loveland. Roll call vote: Maeser - Yes; Loveland - Yes; Hall - Yes; Crandall - Yes. The motion carried unanimously. Fire Chief Cal Smith reported for the Fire Department. Chief Smith explained a memorandum agreement with the Department of Lands and the City of Ammon which requires the Mayor's signature. This agreement covers the SCBA' s obtained from Reno, Nevada. The equipment is on long term loan to the City, and the agreement provides the City will maintain the equipment and can not sell it. Fire Marshal Farrow showed one of the new coats purchased for the department. They feature the 140 August 4, 1994 latest design, meet all the requirements, and are 30% lighter. Chief Smith stated the department is interested in some type of an impact study. If the City considers a new city building, they should include consideration to update the Fire Department facilities. Also, the department wants to obtain a training trailer. Engineer prepared. Benton explained the Pheasant Estates Townhouse Plat which has been This is to be used as the plot plan for issuing building permits. Councilman Loveland reported on the Ammon Fifth LDS Ward Super Service Project in McCowin Park, Peterson Park, and Lion's Park on July 30, 1994. There was a tremendous volunteer turnout supervised by Brad Hall assisted by David Wadsworth and Rick Williams from Public Works. The project was very successful. Councilman Crandall discussed term limits that the legislature is considering. He I wondered if the City should also consider term limits for various committees, for example the Planning and Zoning Commission. An interested citizen, Phillip Deaton, stated he was impressed with this meeting and recommended not to throwaway the experience. Councilman Maeser commented on the curfew ordinance recently adopted by the City of Idaho Falls. He suggested the Council review it and think about whether or not the City of Ammon should adopt one. Attorney Anderson agreed to provide a copy of the City of Shelley's curfew ordinance for comparison purposes. Councilman Crandall has been investigating purchase of a fax machine, and he will have some figures for next meeting. The City Clerk called attention to recent legislation which requires public notice when any fees are to be increased. Claims were approved. Councilman Crandall moved to adjourn the meeting, and the motion was seconded by Councilman Hall. The meeting was adjourned at 9:20 P.M. Q"bg ATTEST t24J (! y'htAL4J CITY CLERK i/ I I