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09202007CouncilMinutesCITY OF AMMON CITY COUNCIL MINUTES THURSDAY, SEPTEMBER 20, 2007 AGENDA: CITY OF AMMON 2135 SOUTH AMMON ROAD CITY COUNCIL AGENDA THURSDAY, September 20, 2007 7:30 P.M. CALL TO ORDER: Mayor Bruce Ard at 7:30 p.m. Pledge of Allegiance – Councilmember Waite Prayer – Councilmember Thompson MINUTES: September 6, 2007 Work Session and Regular Session ITEMS FROM MAYOR: CONSENT AGENDA: Attached PUBLIC HEARINGS: None PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA: ACTION ITEMS: 1.Deputize - Fire Marshal Chris Ford and Enforcement Officer Shawna Avery 2.Variance – Pono Hussey – 3658 Windmill – Side yard setback reduction from 20’ to 11’ th 3.Annexation – LDS Church – 17 Street Church Subdivision th 4.Preliminary & Final Plat – 17 Street Church Subdivision 5.Rezone – Copper Ridge Homes – 1710 Falcon – R1 with Planned Transition PB Overlay to C1 6.Site Plan – 1710 Falcon 7.Preliminary Plat – Oak Ridge Division #2 DISCUSSION ITEMS: 1.Greenfield Acres Chip Seal & Landscaping Update 2.Misc. 3. The meeting was called to order by Mayor Ard at 7:30 p.m. in the City Building, 2135 South Ammon Road, Ammon, Idaho, with the following City Officials present: City Officials Present: Mayor Bruce Ard Councilmember Lee Bean Councilmember Dana Kirkham Councilmember Rex Thompson Councilmember Randy Waite City Administrator Bruce Rose City Planning Director Ron Folsom City Attorney Scott Hall Deputy Clerk Gay Leming City Officials Absent: City Clerk Leslie Folsom Councilmember Waite led the pledge of Allegiance to the Flag and Councilmember Thompson offered the prayer. MINUTES: September 6, 2007 Work and Regular Session: Councilmember Kirkham motioned to approve the minutes of September 6, 2007 as presented. Councilmember Waite seconded. Roll call vote: September 20, 2007 Page - 1 - of 4 Councilmember Kirkham – Yes, Councilmember Waite – Yes, Councilmember Thompson – Yes, and Councilmember Bean – Yes. The motion passed. ITEMS FROM MAYOR : None CONSENT AGENDA: CITY OF AMMON CONSENT AGENDA Thursday September 20, 2007 License applications are pending in the City Office for the following: GENERAL BUSINESS LICENSE 2007: 1.NEW GENERAL BUSINESS LICENSE APPLICATION: th A.Crackleberry Boutique – Retail Sales – 3160 E. 17 Street Suite #170 st B.Egan, Ashley – Daycare Employee Lighthouse Montessori – 2664 E. 1 Street th C.Erikson Law Office – Law Office – 3456 E. 17 Street Suite #280 st D.Imberi, Emily - Daycare Employee Lighthouse Montessori – 2664 E. 1 Street th E.DaVi Nails – Salon – 1201 S. 25 E. HOME OCCUPATION PERMITS 2007: 1. NEW HOME OCCUPATION PERMITS: A.Moore’s Home Improvement – Construction – 1955 Falcon B.Family Care – Daycare – 5587 Treyden Drive C.Vinyl that Inspires – 3100 Central Avenue LIQUOR/BEER/WINE WITH GENERAL BUSINESS LICENSE 2007: 1.NEW LIQUOR/BEER/WINE WITH GENERAL BUSINESS LICENSE: th A.Mecham, Laura – Bartender T.G.I. Friday’s – 2665 S. 25 E. Councilmember Bean motioned to approve the Consent Agenda. Councilmember Kirkham seconded. Roll call vote: Councilmember Bean – Yes, Councilmember Kirkham – Yes, Councilmember Bean – Yes, and Councilmember Thompson – Yes. The motion passed. PUBLIC HEARINGS: None PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA: None ACTION ITEMS : 1. Deputize - Fire Marshal Chris Ford and Enforcement Officer Shawna Avery: Councilmember Kirkham motioned to approve the appointments. Councilmember Bean seconded. Roll call vote: Councilmember Kirkham – Yes, Councilmember Bean – Yes, Councilmember Waite – Yes, and Councilmember Thompson – Yes. The motion passed. 2. Variance – Pono Hussey – 3658 Windmill – Side yard setback reduction from 20’ to 11’: Katrina Hussey, 3938 Clearfield, explained that they have their foundation poured and ground plumbing in and on Saturday they have been unable to do any construction for three weeks. She asked that the council approve this variance because their home will only improve property values. She has talked to all the other neighbors and they do not have any issues with this variance. She explained this has been a very emotional and stressful issue for her and her family. There have been problems with the adjoining neighbors since the beginning and she just wants to get her house built so she can move into her new home. She said that the plan had been inspected and approved before they poured their foundation and thought it was the City’s responsibility to see that the setbacks were correct. She also indicated that to remove the existing foundation would be an emotional and financial hardship. September 20, 2007 Page - 2 - of 4 th Brandt Johnson, 1120 E. 25 builder, plans were submitted, reviewed and approved in two weeks. Inspections for footing, foundation and rough plumbing were approved. Mr. Johnson explained that there was confusion over what zone it was, that ADS Drafting contacted Mountain River and thought it was RPA Zone instead of RP. Councilmember Kirkham inquired if the City had told Mr. Johnson the zone was RPA. He indicated that he had made the assumption based on information provided by ADS. Alan Cunningham interjected that Mountain River would not give a zoning classification to ADS Drafting. Pono Hussey, homeowner 3938 Clearfield, mistakes were made but the City permit was granted. He called Ron when he was notified of the problem. He feels like he made no mistakes and is being punished. He said not being able to build will be detrimental to my family given the emotional toll and financial burden being made to remove the foundation which would possibly force him to not build, at this time. Jacob Lundquist, 3622 Clearfield real estate agent, did a valuation of the properties in the area to see if it will damage values. He doesn’t feel it will detract from the sale of any property. Mr. Lundquist said he looked at the values around the area and the house values are similar in the RPA and the RP zones, the RPA zones have houses with the same setbacks as this one. Brad Pickett, 5258 Treyden, real estate agent stated he also felt this setback will not detract from any homes in the area. Other homes in the area and 22 feet apart. Jeremiah Clark, 4942 Millcreek, 36 feet is further apart than some other houses in the neighborhood. Deren Smith,, 3618 Windmill is in support of granting the variance. Josh Bradshaw had to stop working on his property before the foundation was poured because the setbacks were not correct. He had to get someone else to pour his foundation after the wait. He sees nothing wrong with granting the variance. Brian Robinson, 3702 Windmill is in favor of granting the variance because he was told by Gay that the street was RPA. Carma Ellis , 5608 Veil Drive, there is confusion because of the split zone in the community. Michael Dustin, 1991 Bobwhite Drive, stated that the commission failed to see some of the criteria. He proceeds to read the variance criteria then stated the fact that the building department failed to catch this and the developer failed to record the CCR for Division 3 of Woodland Hills. This provides special circumstances that are needed to grant the variance. By denying this variance this will be unjust to the Hussey;s when the fault is really that of the City. There are a lot of homes in this area that have the same problem. th Brent Johnson, 6030 S. 45 E., came in as a neutral person but after hearing the testimony feels this variance should be granted. He believes that it was no ones intention to try to get away with something. He highly doubts that after landscaping you will be able to tell there is a difference in the side yards. rd Deana Parravano, 264 E. 23 Street, the Hussey’s brought this to the City not us.(the adjacent neighbor). We did not complain about this. The City is not a babysitter the Hussey’s should have done their homework like we did. Tom Hunsaker explained how this home would not fit on this property, if it was slid over. Scott Hall via teleconferencing stated that there were public records open to the public. They were available to all people. His opinion would be that the engineer and architect made the mistake it would fall upon them. Councilmember Dana Kirkham read the variance requirements. Michael Dustin stated there are special circumstances because of the City’s neglect. Brandt Johnson stated that ADS Drafting is not an architect or engineer. They just draw lines on paper. He would ask that the Council look at this with compassion. Councilmember Waite motioned to approve the variance of Pono Hussey at 3658 Windmill with no further encroachment on said side of property. Councilmember Thompson seconded. Roll call vote: Councilmember Waite - Yes, Councilmember Thompson – Yes, Councilmember Kirkham - Yes, and Councilmember Bean – No – he doesn’t believe this is a special circumstance. The motion passed. th 3. Annexation – LDS Church – 17 Street Church Subdivision: Alan Cunningham, 1024 Lincoln Road, telling what plans are for. There was nobody to oppose at Planning & Zoning until after the meeting September 20, 2007 Page - 3 - of 4 was closed and voted on. Ron Folsom explained further that the gentleman that asked to be recognized on this issue did it after the vote and the next item was ready to be discussed. Councilmember Lee Bean motioned approval of the Conditional Use Permit for the R1 zone Scott Bruce property, as long as it is sold to the church. Councilmember Kirkham seconded. Roll call vote: Councilmember Bean – Yes, Councilmember Kirkham – Yes, Councilmember Waite – Yes, and Councilmember Thompson – Yes. The motion passed. th 4. Preliminary & Final Plat – 17 Street Church Subdivision: Councilmember Kirkham motioned for approval. Councilmember Waite seconded. Roll call vote: Councilmember Kirkham – Yes, Councilmember Waite – Yes, Councilmember Thompson – Yes, and Councilmember Bean – Yes. The motion passed. 5. Rezone – Copper Ridge Homes – 1710 Falcon – R1 with Planned Transition PB Overlay to C1: Ron presented the information and explained that P&Z had recommended approval on this. There was considerable discussion on the traffic issue and access to and from this property. Councilmember Bean stated he felt there should be some kind of control onto access out of this property. Councilmember Bean asked Ron if there was enough parking. Ron stated based on the use there would be and it would be limited to by the size as to what type of business could go in here. Councilmember Bean motioned to approve the rezone to C1. Councilmember Thompson seconded. Roll call vote: Councilmember Bean – Yes, Councilmember Thompson – Yes, Councilmember Kirkham – Yes, and Councilmember Waite – Yes. The motion passed. 6. Site Plan – 1710 Falcon: Councilmember Bean motioned to approval of the site plan for 1710 Falcon with the condition that the developer install a traffic control device and sign to prohibit left turns out of the parking lot. A lane barrier would be added, if necessary. Councilmember Kirkham seconded. Roll call vote: Councilmember Bean – Yes, Councilmember Kirkham – Yes, Councilmember Waite – Yes, and Councilmember Thompson – Yes. The motion passed 7. Preliminary Plat – Oakridge Division #2: Ron explained that this was an item that was tabled at the last meeting. The developer has brought back a plan based on the discussions at the last meeting. Ron added that his only comment would be that the property adjacent to the HC-1 zoning that is zoned R1 needed to be designated as a separate lot from the HC1 zone and that no building would be allowed on that lot.. Councilmember Bean motioned to approval of the preliminary plat for Oakridge Division #2. Councilmember Kirkham seconded. Roll call vote: Councilmember Bean – Yes, Councilmember Kirkham – Yes, Councilmember Waite – Yes, and Councilmember Thompson – Yes. The motion carried. DISCUSSION ITEMS: 1. Greenfield Acres Chip Seal & Landscaping Update: Greenfield tried to get chip seal but HK had informed them that they didn’t have time to complete it this year. Bruce Rose stated it may be something we could have the County do next year when we do our yearly chip seal project in the City. Landscaping update – The deadline was September 15. Part of it is done. The piece of property that is visible to the public with the fence on the south end. 2. Misc.: Councilmember Thompson inquired on what to do about the full-time mayor or new administrator. Councilmember Kirkham stated that she wanted it clear that the Council would not do anything without an advisory vote from the citizens first. Councilmember Thompson was wondering about Ken checking the required landscaping for commercial projects it was agreed that Ken should be involved. The meeting adjourned at 10:30 p.m. ___________________________________ C. Bruce Ard, Mayor ______________________________________ Leslie Folsom, City Clerk September 20, 2007 Page - 4 - of 4