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Council Minutes 12/07/2001 CITY OF AMMON December 7, 2000 Minutes of 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 Council member W. Lee Bean Councilmember Harvey L. Crandall Councilmember Leslie Folsom Councilmember Ira K. Hall Attorney W. Joe Anderson Engineer Bill Manwill Public Works Director David Wadsworth Fire Chief Clarence Nelson City Clerk Aleen C. Jensen Deputy Clerk Connie R. Guymon Others Present: R. D. and Paula Loveland, 2795 Romrell Lane, Ammon Lloyd Stanger, 2625 Salmon Street, Ammon Stan and Sandra Steele, Ammon Ranch David E. Benton, Benton Engineering Howard Spaletta, 475 South Amy Lane, Idaho Falls Ken Neider, 1975 Cabellaro, Ammon Brett Turley, Boy Scout Chris Trane, Boy Scout T. J. Trane, Boy Scout Cindy Donovan, 3725 East Sunnyside Road, Ammon Alan E. Cunningham, Mountain River Engineering Brad Pickett, Quail Ridge Developer George McDaniel, Quail Ridge Developer Fred Wallin, Mountain River Engineering Tom Hunsaker, Planning and Zoning Commission Ron Folsom, Planning and Zoning Commission Steven Loveland, 3325 Rawson Street, Ammon Lee Staker, Century 21 Advantage Real Estate Dave Shipman, Attorney for Ammon Ranch George Watkins 111,2155 Midway, Ammon Greg Monik, 1900 Eagle Drive, Ammon Jill Schurman, Montessori School Council member Folsom led the Pledge of Allegiance to the Flag, and Councilmember Hall offered a prayer. The first item on the agenda was a request that the decision made by the City Council City Council Meeting, December 7,2000 - Page 2 regarding the storage boxcars located at 3265 Owen Street be reconsidered. R. D. Loveland, Paula Loveland, Laurie A. Welker, Mark R. Welker, and Steven Loveland signed the written request. On November 2, Lovelands came to the City Council with serious concerns about the two storage boxcars that were placed on Robin Knight's property. At that time the Council found he was in violation of the moving ordinance. It was decided that the Council would send a letter to have him move the storage boxcars off his property. On November 16, Robin Knight came to the City Council meeting and requested until July 15 to move the storage boxcars. The City Council gave him until June 1 to move the two units. The reason for requesting an extension of time to move the boxcars was due to winter weather conditions it is unsafe to move them. Loveland stated it is not a problem to move the boxcars at this time. He asked the City Council to consider that there is no reason why Knight can not move the boxcars at this time. Knight is in violation of City ordinances and of the 1997 Uniform Building Code. UBC sections quoted were 404.2.8 concerning alternate materials and alternate design and method of construction; 602.2 a permit is required if over 120 square feet for move on, rebuilding, enlarging, improving, or construction; and 106.3.2 plans, specifications, engineered calculations and diagrams are required. Paula Loveland added to her husband's remarks. Mr. Knight has to meet the minimum UBC standards for the type of buildings he has moved on. He has violated the City's moving of buildings ordinance and the UBC so he needs to move the storage boxcars. The units are industrial and not residential. Councilmember Folsom explained that Mr. Knight did violate the moving code, but the City Council resolved the issue the way they thought best. He could be required to move the two units off the property but then he could come back and comply with the setback rules and put the units right back on. By allowing him time to move the units, they should be gone permanently. Also, the City Council had some hesitations because there is another property down the street that appears to be in a worse situation than Knight's. Paula Loveland responded about the property down the street. That storage building is a more permanent structure. The equipment is moved daily. Lovelands were aware of the condition of that property when they built on Romrell Lane. Mr. Knight accumulates a lot of junk. He has not tried to clean it up and store it in the boxcars. He has two old cars and other things that are parked in the public right-of-way. There was a discussion on how to resolve the issue. The Council considered trying to get all the concerned parties together at one time. Following the discussion the Lovelands, who were the spokesmen, accepted the decision of the City Council for Robin Knight to move the two units off his property by June 1, 2001. The provision was that the boxcars are gone by June 1 or the City takes enforcement action. It was recommended that the City send a reminder letter to Robin Knight about May 1, 2001. The second item of business was another complaint filed by Howard Spaletta, 475 South City Council Meeting, December ,7, 200~ Page 3 Amy Lane. David Gonzales, 2420 South Ammon Road, is operating a commercial auto body and fender shop in a residential area. Mr. Spaletta is not an Ammon resident and does not live by Gonzales. He is affected by the operation because Gonzales uses his mother's property, which is next to Spaletta's, for a wrecking yard. The City Council questioned whether or not the problem was Ammon's responsibility to solve. No one within the City limits of Ammon has filed a complaint. It was suggested that Mr. Spaletta work with Bonneville County to eliminate the problem with David Gonzales' mother. In the mean time, City of Ammon will try to determine if there is a problem for Ammon. No one wants to live in a wrecking yard. Ron Folsom reported on actions of the Planning and Zoning Commission at their meeting on December 5, 2000. Action was taken on the request for annexation of the Smith/Ritter properties on the corner of Hitt Road and Lincoln Road. The request has been tabled for sometime, and the Commission voted to deny the request because it is outside our new Area of Impact being considered for approval. The development agreement with Telemark for Ammon Ranch was recommended for approval. There were a few corrections, and there was one change in Special Condition 4. The Commission requested that they add that the day staff will be on site from the day the site is occupied. There were some changes that needed to be done on Special Conditions 9 and 11 regarding the sewer when it was checked with City of Idaho Falls. The changes have been completed in the agreement. The Final Plat for Ammon Ranch was recommended for approval. The proposed Area of Impact was recommended for approval. Approval was recommended for the Preliminary and Final Plat of Lincoln Industrial Park as presented. This is part of the Beck et al property. The First Amended Plat of Centennial Ranch Division NO.9 and part of Division No. 8 was recommended for approval. The developer changed plans from townhouses to single family dwellings and reduced the size of lots and increased the number of lots. The Commission recommended denial of the Preliminary Plat for the remainder of the Lawrence Ricks property, which is now Briarwood Addition. The reason for denial was lack of information and the plat showed John Adams ending in a cul-de-sac. The Commission had previously recommended that John Adams be taken through so that it could be taken across the railroad tracks as a collector street. This was discussed in length and ideas were suggested for the developer to consider. The Commission would like to see the extension of John Adams included on a master plan map. The Preliminary Plat for The Cottages Division No. 1 was recommended for approval. The Cottages is the Arland Purcell property below Quail Ridge Estates. There were some conditions. The road names should be added and one of the accesses on 21st Street should line up with Nielsen Road. The Preliminary Plat of The Cottages was submitted for the whole piece of property but approval was given only to the one division because more details were needed. The Planning and Zoning Commission Meeting for January was changed to Tuesday, January 9, 2001. The hearing on the Comprehensive Plan Future Land Use Map will be scheduled for the January meeting. Both the old Comprehensive Plan and the proposed new Comprehensive Plan include bike paths. The surrounding area has been interlinked in a Bicycle Trails Plan, and some of the cities have adopted this Plan. It would be advisable for City of Ammon to give some thought to bike paths in future planning. City Council Meeting, December 7,2000 - Page 4 Sandra Steele, Sandy, Utah, represented Telemark Development. She stated they agree with the recommendations of the Planning and Zoning for approval of the Development Agreement and the Final Plat for Ammon Ranch (W. L. Judy Farm). The plans are to start moving dirt in the spring. Councilmember Bean was particularly interested in the sewer plans, and Engineer Manwill explained about the sewer. Attorney Anderson has reviewed the Development Agreement with Dave Shipman, Telemark's attorney. Council member Folsom moved to approve the Development Agreement between Telemark Development L.L.C. and the City of Ammon for Ammon Ranch. Councilmember Hall seconded the motion. Roll call vote: Folsom - Yes; Hall - Yes; Bean - Yes; Crandall - Yes. The motion carried unanimously. Council member Folsom moved to approve the Final Plat for Ammon Ranch Division NO.1. Councilmember Hall seconded the motion. Roll call vote: Folsom - Yes; Hall - Yes; Crandall- Yes; Bean - Yes. The motion carried unanimously. Stan Steele commended the City of Ammon Planning and Zoning Commission. They handle themselves very professionally. It has been a pleasure to work with them. David Benton of Benton Engineering presented the Preliminary and Final Plat for Lincoln Industrial Park. Bonneville County approved the Preliminary Plat for this subdivision about a year ago. This property started out as one big lot, but part of it has been platted as two lots. One is being developed as Majestic Acres and one is being developed as Lincoln Industrial Park. The two developments will have a common water and sewer system. David Benton explained the options of how the property will be serviced by the sewer. The sewer is being worked out between the City of Ammon and the City of Idaho Falls. There is one road into the two developments from Hitt Road. The road is to be known as 14th North and is included on the Lincoln Industrial Park plat. The streets are dedicated streets. Plans are for curb and gutter, and drainage will be on the property into a settling pond. Engineer Benton oriented the City Council to the surrounding area. Councilmember Hall moved to table the approval of the Preliminary and Final Plat for Lincoln Industrial Park until the City has the proper improvement drawings showing the water and the sewer and a development agreement. Councilmember Crandall seconded the motion. Roll call vote: Hall - Yes; Crandall - Yes; Folsom - Yes; Bean - Yes. The motion carried unanimously. No construction is to occur until the sewer plans are approved by the City of Idaho Falls. David Benton of Benton Engineering presented the First Amended Plat of Centennial Ranch Division No.9 and part of Division No.8. The purpose in amending the plat is to change the lot sizes on Edgewood Circle in Division NO.9 from one hundred feet to eighty feet. This will increase the number of lots but decrease the size to allow single family dwellings rather than townhouses. Also, Division No. 8 has been changed to stub out Birchwood Circle so it can connect with future development to the west. Engineer Benton City Council Meeting, December 7,2000 - Page 5 oriented the Council to the proposed changes on the zoning map. No change to the zone was requested. Council member Hall moved to approve the First Amended Plat of Centennial Ranch Division No. 9 and part of Division No.8. Councilmember Folsom seconded the motion. Roll call vote: Hall- Yes; Folsom - Yes; Crandall - Yes; Bean - Yes. The motion carried unanimously. Fred Wallin of Mountain River Engineering asked to have Quail Ridge Estates placed on the agenda to make sure that the City of Ammon has approved the annexation and development agreements. The developer understands that no building permits can be issued until all details are finalized. Engineer Manwill has reviewed the improvement drawings. The sewer drawings have been signed off and approved by the City of Idaho Falls, although they do not meet their standards. The problem is with the 300 foot manhole spacing requirement. The sewer spacing design of Quail Ridge Division NO.4 shows 370 foot spacing. Brad Pickett and George McDaniel explained their development plans and answered the questions of the City Council. Councilmember Bean expressed considerable concern about not meeting the sewer standards. The City of Ammon has agreed with the City of Idaho Falls that all sewer plans will be presented to the City of Idaho Falls prior to beginning construction. Part of the problem with the Quail Ridge plans is they were designed for a Bonneville County sewer system. Engineer Manwill pointed out that is difficult to make any correction once things have happened. There can be some flexibility if there is a good reason. It is important that Engineer Manwill sees the Idaho Falls Sewer Department signature of approval before he signs the improvement drawings. Council member Hall moved to approve the improvement drawings for Quail Ridge Estates Division No. 4 as shown and to note that the sewer lines are out of compliance with the standards the City will require for all future subdivisions and this is not considered to be a precedent for following procedures for future developments prior to approval of the development drawings. Councilmember Bean seconded the motion. Roll call vote: Hall - Yes; Bean - Yes; Crandall- Yes; Folsom - Yes. The motion carried unanimously. The Preliminary Plat for The Cottages was presented to the Planning and Zoning Commission on December 5, 2000. They recommended approval of Division No. 1 contingent upon addition of street names and adjusting the street to line up with Nielsen Road. The development plans were reviewed with the developers. Originally the preliminary plat included the whole parcel of the Arland Purcell farm, but the Planning and Zoning Commission wanted changes. The small section specified as Division No. 1 was approved, and the developers will be back next month with the whole parcel. Council member Bean moved to approve the Preliminary Plat for The Cottages Division No. 1 as outlined and recommended by the Planning and Zoning Commission subject to an City Council Meeting, December 7,2000 - Page 6 acceptable development agreement. Councilmember Hall seconded the motion. Roll call vote: Bean - Yes; Hall - Yes; Crandall - Yes; Folsom - Yes. The motion carried unanimously. Jill Schurman, Director of the Montessori School would like the school zone on First Street extended to include their school. They have about one hundred students and about eighty-five cars coming into the school between 7:00 A.M. and 8:30 A. M. on Monday through Friday. Students do not have to walk across First Street, but there is a lot of traffic. Public Works Director Wadsworth explained about costs and what would be involved to move the existing flashing light sign father to the west. Ms. Schurman suggested that, if it is too difficult or expensive to move the pole sign, maybe there could just be a sign "Slow School Zone." The cars tend to speed up after they pass the Tiebreaker School entrance. Council member Crandall recommended that the Council recognizes the problem with traffic on First Street by the Montessori School and that action be tabled on the problem until spring when the weather is more favorable to deal with signs. Council member Bean again pointed out the agreement negotiated between the City of Idaho Falls and the City of Ammon to have all sewer plans for newly annexed areas approved by the City of Idaho Falls before any development begins. It is important that the City of Ammon follows the rules. Councilmember Folsom discussed street parking. On November 16, 2000, the City Council accepted the report of the Citizens Committee Survey regarding parking in the Hillview/Hillsdale Additions. The motion was to accept the wishes of the citizens for no parking on the streets. Following that decision there was a question about whether or not no parking was the answer. Another meeting of the Citizens Committee was held and new solutions were considered. Councilmember Folsom moved to rescind the motion made November 16, 2000, to allow no parking on the street. Councilmember Crandall seconded the motion. Roll call vote: Folsom - Yes; Crandall - Yes; Bean - Yes; Hall - Yes. The motion carried unanimously. Consideration was given to allowing parking on the streets (public right-of-way) but to specify enforceable restrictions. City Code Title 9, Chapter 4 addresses the following parking restrictions: no parking on sidewalks, no blocking private driveways or entrances to public streets, storage of vehicles for a period of over forty-eight (48) hours on public streets, parking of vehicles weighing more than 10,000 Ibs. in residential areas, etc. It would be worthwhile to add no parking of recreational vehicles, boats, or trailers of any kind and no parking of unlicensed or broken down vehicles. Greg Monik commented on the Citizens Committee meeting. He was of the opinion that the citizens want enforcement of the ordinances. Also, he recommended that the City gets a Web page, publish the Council meeting agendas, and encourage citizen input. He further called attention to the anniversary of Pearl Harbor, December 7, the date of this meeting. Councilmember Folsom was in favor of full parking in the public right-of-way throughout the City Council Meeting, December 7, 2000 - Page 7 City and to begin enforcing City Code Title 9, Chapter 4 with some added restrictions. There was a discussion on enforcement and rates for violations. Mayor Ard questioned whether or not the parking restriction should apply to all areas of the City. There are some areas where parking a recreational vehicle or a boat in the right-of- way is not a problem. Fire Chief Nelson agreed that parking in the street is not a problem in some areas. lee Staker suggested addressing parking by subdivisions since new subdivisions are required to have wider streets. Councilmember Hall commented that the City has struggled with parking problems for years. Council member Bean objected to being selective. Councilmember Folsom moved to allow parking on the streets of the City of Ammon with the restrictions specified in City Code 9-4, with the addition of no parking of recreational vehicles, boats or trailers of any kind and no parking of unlicensed, broken down or abandoned vehicles in residential areas, with the rates for infractions to be determined by legal counsel, and with enforcement to begin as soon as citizens are notified. Councilmember Crandall seconded the motion. Roll call vote: Folsom - Yes; Crandall - Yes; Bean - Yes; Hall- Yes. The motion carried unanimously. Regarding enforcement of the parking restrictions, Public Works Director suggested to begin with issuing warnings. There was a discussion on whether to change the parking ordinance or to adopt a parking resolution. Attorney Anderson advised that a resolution is more flexible. Reports: Fire Chief Nelson reported for the Fire Department. He inquired about how the fire hydrant situation would work at Lincoln Road and Hitt Road if that development hooks into Falls Water. There should not be a problem, but an agreement should be worked out with Falls Water. A mobile air compressor has been donated by Lt. Vanleuven of the Idaho Falls Police Department. The compressor is used to fill up air bottles. The Fire Station contractor came to work over two door problems. After he left, a problem still existed. The City of Ucon backed out on the repeater system, and they did their own thing. Our department has decided to wait for a grant. The Fire Department Christmas Party is scheduled for Saturday, December 9. All the City Officials and their partners are invited. All those attending should bring a can of food to donate to the Food Bank. Councilmember Crandall approved the Fire Department purchase of a television set for instructional purposes. David Wadsworth reported for Public Works. Water pressure has been good. The pressure has been around 75/80 pounds. The old plow has been installed on the dump truck. Attorney Anderson advised that the Judicial Review on action taken on the request for a Conditional Use Permit for a daycare at 2255 Midway has been dismissed. City Council Meeting, December 7,2000 - Page 8 In the map prepared for the sewer service areas, there are two small parcels not included in the sewer service area of IBSD but they are included in Ammon's service areas. Council member Bean and Engineer Manwill clarified the problem. The areas were described as Unit 6 and Unit 16A on the map. A letter should be directed to IBSD and to City of Idaho Falls to advise that City of Ammon agrees to let IBSD service those two parcels. IBSD has agreed to the Memorandum of Understanding with the City of Idaho Falls on the sewer. Council member Bean recommended that City of Ammon and the IBSD work out a joint agreement relative to sewer servicing in each other's areas. Mayor Ard, Engineer Manwill, and Councilmember Bean agreed to work on an agreement. Council member Hall pointed out that the Area of Impact has created more islands, which are not annexed to Ammon. It was suggested that Ammon's boundaries need to be cleaned up. The Planning and Zoning Commission has been trying to identify the areas. Claims were approved. Council member Crandall moved to adjourn the meeting, and Council member Bean seconded the motion. The meeting was adjourned at 10:45 P.M. Mayor ATTEST City Clerk