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Council Minutes 9/12/2006 (64) 60 June 6, 1996 CITY OF AMMON June 6, 1996 Minutes of the Public Hearing and the Regular Meeting of the Mayor and City Council: The meeting was called to order by Mayor C. Bruce Ard in the City Building, 2135 South Ammon Road, at 7:30 P.M. with the following City Officials present: Mayor C. Bruce Ard Attorney W. Joe Anderson Councilmember W. Lee Bean Engineer David E. Benton Councilmember Sherrill C. Bohn Public Works Director David Wadsworth Councilmember Ira K. Hall Assistant Fire Chief Robert Farrow Councilmember Steven J. Loveland City Clerk Aleen C. Jensen Others Present: Louise Raymond, 3185 Romrell Lane, Ammon Gene Miller, 3615 Vaughn Street, Ammon Randy Howell, 3001 Western Avenue, Ammon Richard Kershaw, 3001 Western Avenue, Ammon Emerson and Joy Jenkins, 3560 Georgia Lane, Ammon George Watkins III, 2155 Midway Avenue, Ammon Sue Ann Summers, 3290 Molen Street, Ammon Theodore Bohn, 2085 Midway Avenue, Ammon Garth Cunningham, Mountain River Engineering Van Arnold, Owner of Lawndale Addition Richard Skidmore, Skidmore Inc. I The Pledge of Allegiance to the Flag was led by Councilmember Loveland, and the invocation was offered by Councilmember Bohn. Mayor Ard opened the Public Hearing to consider the request of Skidmore Construction Inc. for annexation, initial zoning, and approval of the final plat for Fox Hollow Division No.2. Notice of Hearing was published in the Post Register on May 20 and May 27, 1996. Property owners within three hundred feet (300') were mailed notices of the hearing. Parties in interest who desired to present testimony were sworn in. Garth Cunningham of Mountain River Engineering represented the developers, and he I' located the proposed subdivision. The general location is north of First Street across from the Tie Breaker School. Fox Hollow Division No. 1 which fronts on First Street has already been annexed and is in the process of development. Division No. 2 is north of Division No. 1 between First Street and Lawndale Addition. The Planning and Zoning Zommission considered the request at a Public Hearing on May 7, 1996. The Planning and Zoning Commission recommended approval with some requirements. They were concerned about Lot 6 in Block 5 owned by the LDS Church. A contact with the Church indicates they do not have any plans for building a church on the property at this time. The concern is with Bergeson Drive in the Lawndale Estates Addition which dead ends at the church property. A contact,Larry Mauer of the LDS Church property division, advised the Church has several similar properties, and their typical solution is to make the street come into the church parking lot. They have never fenced off a street. The Planning and Zoning Commission requested the developer to show options for Bergeson Drive considering the Church does not build and the property is sold. Two optional drawings were presented. One shows Bergeson Drive continuing into Lot 6 and then turning west to connect with Cross Lane. The other option shows Bergeson Street developed into a cuI de sac. Another concern, Hollow Drive in the Fox Hollow subdivision connects with Rachel Drive in the Lawndale Estates subdivision. It is desirable to have a continuity of street name. Plats for Fox Hollow Division No. 1 and Lawndale Estates have already been recorded. Mountain River Engineering researched the procedure for I changing a street name. The procedure is relatively easy, and there is no fee involved. If all parties involved are in agreement, the name of Rachel Drive will be changed to Hollow Drive. Van Arnold, owner of the Lawndale Estates property, stated he did not have a problem with changing the name of Rachel Drive. Hollow Drive is an acceptable name for the street. Mr. Arnold would like the change completed at this time, and Mountain River Engineering agreed to do so. Mr. Arnold has some concern with Bergeson Drive dead ending at the church property, but development is speculative at this time. There are acceptable ways to work through the problem when the land is ready for development. Mayor Ard called for questions. There were no further questions, and the Mayor closed the Public Hearing. I I I 61 June 6, 1996 Councilmember Hall moved to approve the request for annexation, initial zoning to R-l, and the final plat of Fox Hollow Division No. 2 as proposed subj ect to an acceptable annexation agreement. The motion was seconded by Councilmember Bean. Roll call vote: Hall - Yes; Bean - Yes; Bohn - Yes; Loveland - Yes. The motion carried unanimously. Kent Woods explained that a few months ago Councilmember Bohn asked a number of citizens to form a committee to look objectively at the Ammon Fire Department and to come back to report their findings. He emphasized it was not their intent to criticize the existing department of the abilities of the individuals involved. The committee has held a number of meetings to gather information. They met with Dick Hahn, the retiring City of Idaho Falls Fire Chief; with Idaho Falls Councilmember Ida Hardcastle and Dennis Johnson, the new Idaho Falls Fire Chief; and with Dick Fowler, the captain of the combined Idaho Falls/Bonneville County Fire Departments. The basic conclusion is Ammon has a very good Fire Department. One concern is the hole in fire protection coverage, specifically between the hours of 8:00 A.M. to 6:00 P.M. Monday through Friday. There is no conclusive evidence for the concern. It is a general feeling. They looked at financial options to enhance the department. Four options were considered. (1) The department remains as total volunteer enhanced with mutual aid from surrounding communities. (2) If the City hired six full time positions to supplement the volunteer program, the estimated cost would be $290,000 per year. (3) Ammon could contract with the City/County Fire Department for about $150,000 per year. (4) The boundaries of the Bonneville County Fire Protection District could be extended at a cost of $140,000. This means the individual homeowner's property tax would increase about $16.19 per thousand of assessed valuation. Property owners would realize some break because a lower fire rating should result in a decrease in their fire insurance premiums. The basic conclusion of the committee is one of a financial nature. If Ammon wants to enhance their fire protection, the costs involved will be more than the present Fire Department budget. Mr. Wood asked for direction from the Council regarding what more is expected of the committee. Members of the Fire Department voiced their op1n10ns. The Fire Department members were never asked to participate with the committee. City workers supply coverage during the hours stated as holes in coverage. During the last two years there has never been less than four firefighters during a twenty-four hour period available to respond to fire calls. If Ammon joined the District, one engine would be dispatched. One engine has a capacity for four firefighters so coverage would not increase. The Department has never lost a structure in two years. Favorable comments have been received about how the volunteers respond. Ammon used to have mutual aid with the District, and the District tanker was housed in Ammon for several years. If Ammon joins the Fire Protection District, all of the equipment would go to the District. Ammon should stay with the volunteer program and put the funds in their own department. Assistant Fire Chief Robert Farrow commented the difference between a paid fire department and a volunteer fire department is attitude. The paid department is a business. Fire Chief Nelson discussed volunteer fire departments throughout Idaho. He was greatly concerned that everyone knew about the citizens committee and everyone has consulted with the committee except the Fire Department. Mayor Ard asked the Council members to express their opinions. He pointed out, according to Kent Woods' report, the findings of the committee is similar to findings regarding the Fire Department eight or nine years ago. Basically the City tax levy would double if Ammon joined the Fire Protection District. Each of the Council members responded. The Fire Department was commended for their good service to the community. The information presented was appreciated. The Fire Department needs positive support. The committee was asked to meet the firefighters, to examine their equipment, and to observe their training. Gene Miller, 3615 Vaughn Street, requested a home occupation permit to sell Superior Friction Reduction, an oil fortification product. There is a minimal amount of storage because he works for the distributor. Orders are taken over the telephone and deliveries are made to the customer. He has another full time job. He has a tax identification number, and he is obligated to pay sales tax to the State. Mr. Miller explained to the Council what takes place in the home. There is no changing of oil at the home. There are no employees. There is no signage except on the truck. Councilmember Bohn moved to approve the home occupation permit for Gene Miller, dba Intermountain SFR, 3615 Vaughn Street. The motion was seconded by Councilmember Hall. Roll call vote: Bohn - Yes; Hall - Yes; Bean - Yes; Loveland - Yes. The motion carried unanimously. 62 June 6, 1996 Richard Riggs, 2060 Heather Lane, has requested home occupation permits for Security Services of Idaho Inc. and Teton Secured Transport. The request has been on the Council Meeting agenda for several meetings, but Mr. Riggs has not attended a meeting to discuss his request. There is a problem with the home occupation permit requirement that there be no employees. Both businesses involve employees, but they do not work at the Riggs home. There has been some contact with Mr. Riggs' attorney regarding the City's interpretation of the no employees requirement. They have asked the City to amend the requirements to allow employees provided the employees work at a different location than the home. The Planning and Zoning Connnission discussed the request, and they had no problem with the present interpretation of no employees. It has been reported that Mr. Riggs has licensed Teton Secured Transportation at another location, and he wants the home occupation permit for Security Services in order to sell the business. In the I discussion it was pointed out that the interpretation of no employees has been acceptable; there has not been other requests for amendment to this requirement; if Mr. Riggs is now operating Security Services from his home without a permit, he is in violation; and toamend the ordinance to the more liberal interpretation opens the door to more connnercial type operations in residential areas. Councilmember Hall moved to deny Richard Riggs' applications for home occupation permits. The motion was seconded by Councilmember Bean. Roll call vote: Hall- Yes; Bean - Yes; Bohn - Yes; Loveland - Yes. The motion to deny carried. Joy Jenkins, 3560 Georgia Lane, discussed the bridle path in Pony Acres and Barbara Jean Est. Mrs. Jenkins was upset because Ray Berry erected a fence and gate which blocks Jenkins access to the bridle path from Talmage Street. She questioned an individual's right to block off Talmage Street without permission when the bridle path belongs to the homeowners in both subdivisions. There was considerable discussion about ownership, rights, and responsibilities. The City Council wondered whether or not the City should be involved. Attorney Anderson advised, if the gate and/or fence blocks a dedicated street, the the City is involved. From the information available and a study of the plats, it was determined that Ray Berry should be notified by letter that he cannot block a dedicated street and he should remove the gate. Rich Kershaw and Randy Howell, 3001 Western Avenue, applied for a non-connnercial kennel license for three dogs. Eleven signatures of approval from adjacent property owners were obtained. Councilmember Bean moved to approve a non- connnercia1 kennel license for Rich Kershaw and Randy Howell, 3001 Western Avenue. I The motion was seconded by Councilman Hall. Roll call vote: Bean - Yes; Hall - Yes; Bohn - Yes; Loveland - Yes. The motion carried unanimously. Councilmember Hall moved to approve the minutes of City Council Meeting held April 18, 1996. The motion was seconded by Councilmember Bohn. Roll call vote: Hall- Yes; Bohn - Yes; Bean - Yes; Loveland - Yes. The motion carried unanimously. Unfinished business was reviewed. There has been no developments to report on the First Street Waterline Extension Agreement. The street maintenance project to replace intersections is ready to go as soon as the City crew gets the pavement cut out. The intersections involved are Owen and Central (four corners), Rawson and Midway (two sides), Owen and Midway (1 side), Molen and Midway, and Western and Rawson. The agreements have been signed for three new street lights. Two additional lights can be installed. Counci1member Bean suggested looking at Bittern and Curlew. Councilman Hall moved to accept the building permit inspection proposal and contract with Larry J. Schuldt. The motion was seconded by Councilman Bean. Roll call vote: Hall - Yes; Bean - Yes; Bohn - Yes; Loveland - Yes. The motion carried unanimously. Annnon will notify Bonneville County to terminate our Joint Powers Agreement for Building Inspections. Counci1member Bean moved to approve Resolution No. 96-02 Providing for the Adoption of the Regional Public Transportation Authority. The motion was seconded by I Councilmember Bohn. Roll call vote: Bean - Yes; Bohn - Yes; Hall - Yes; Loveland - Yes. The motion carried unanimously. Councilmember Bean moved to ratify the appointment of Russell N. Swensen as City of Annnon representative on the Regional Transportation Authority Governing Board. The motion was seconded by Councilmember Hall. Roll call vote: Bean - Yes; Hall - Yes; Bohn - Yes; Loveland - Yes. The motion carried unanimously. Councilmember Bean moved to approve the home occupation permit for Johnna Braithwaite, dba Jungle Book Pre-School, 3660 Geneva Drive. The motion was seconded by Councilmember Hall. Roll call vote: Bean - Yes; Hall - Yes; Loveland - Yes; Bohn - Yes. The motion carrried unanimously. Councilmember Bean moved to approve the home occupation permit for Alison Brandt, 3265 East Sunnyside Road to sell cedar fencing. The motion was seconded by I I I Councilmember Loveland. Hall - Yes. The motion 63 June 6, 1996 Roll call vote: Bean - Yes; Loveland - Yes; Bohn - Yes; carried unanimously. Councilmember Bohn moved to approve a non-commercial kennel license and a home occupation permit for Jann M. Perry, dba Puppy Love Breeding, 3022 Fennec Lane. The motion was seconded by Councilmember Loveland. Roll call vote: Bohn - Yes; Loveland - Yes; Bean - No; Hall - No. Mayor Ard voted to break the tie. Mayor Ard voted Yes. The motion carried. Councilmember Hall moved to approve a non-commercial kennel license for W. Lee Bean, 3858 Marlene Street. The motion was seconded by Councilmember Loveland. Roll call vote: Hall - Yes; Loveland - Yes; Bohn - No; Bean - Abstained.The motion carried. Councilmember Bean moved to approve fireworks permits for American Fireworks/Darlene Satterthwaite in Kmart Parking Lot and pyrodyne American Corporation, dba Beehive Fireworks in Albertsons Parking Lot subject to inspection and approval by the Ammon Fire Department. The motion was seconded by Councilmember Loveland. Roll call vote: Bean Yes; Loveland - Yes; Bohn - Yes; Hall - Yes. The motion carried unanimously. A representative is needed from City of Ammon for Bonneville County Local Emergency Planning Committee. The Mayor asked for suggestions from the Council. Plans were discussed for Skidmore Inc. to build an indoor soccer field arena on property located south of Ammon Speedi Mart in Randalyn Addition. The complete set of plans will be available next week. When the easement was given to the City of Ammon to improve Ammon Road, there was a right-of-way agreement with Richard Skidmore which granted him a water and sewer connection. Now the City of Ammon wants to be reimbursed for extending the water and sewer lines to the property. Attorney Anderson was asked to review the agreement to determine who is responsible for the costs to extend the water and sewer lines south of Sunnyside Road. Councilmember Loveland commented regarding citizen volunteer groups, committees, etc. A youth group from the LDS Church has contacted Councilmember Loveland about doing a super project in the parks like painting shelters or bleachers, repair ball fields, and landscaping... Public Works was asked to identify projects for 200 to 250 youth. This would be a Saturday project, and it would involve help from the City crew with equipment. Tentatively the date has been set for June 22. Through the efforts of Councilmember Bohn, thirty trees have been obtained for planting around the City. Procedures to involve citizen volunteers were discussed. Councilmember Bohn suggested adopting rules for conducting meetings. She circulated material researched on procedures used by other municipalities. She asked the Council to review the information and consider ways to expedite city meetings and to prepare members to participate. She also asked for opinions on appointing a Recreation Committee and Youth Advisory Council. Reports: David Wadsworth reported for Public Works. Regarding Cantlon Properties, they are ready to start bidding on site preparation for the Ammon Town Center Phase II project. Ammon needs to take action on revising the ordinances on the siting of manufactured homes as required by State law. Road maintenance plans are in progress. Attorney Anderson has been working on a draft to meet the mandate for siting manufactured homes. Changes will require action by Planning and Zoning and the City Council. Councilmember Bohn discussed handling of notices to residents regarding complaints about collection of junk cars, litter, and similar violations. Attorney Anderson recommended someone needs to look at the area of complaint before serving a notice. The Council needs to identify a reason and then the City can give notice. If there is no response to the notice, then the City can proceed with a hearing to declare a nuisance. Mayor Ard asked Engineer Benton for an explanation about a bill received from H- K Contractors concerning the plugging of a canal. The Mayor did not understand why the City should have any responsibility. The expense was incurred to alleviate an emergency situation indirectly caused by work on Well No.8. The City will observe Independence Day on July 4, 1996. to reschedule City Council Meeting. It was decided to on July 11 and July 18, 1996. Therefore, it is necessary hold City Council Meetings Engineer Benton reported on the progress of Well No.8. The driller has been instructed to stop drilling at 375 feet. The well will be ready to be tested next week. 64 June 6, 1996 Assistant Fire Chief Robert Farrow reported for the Fire Department house held May 25 1996 . The open , ,was successful. The volunteers were happy with the response, and the! will probably do another open house next year. Dra er the =pany ~ suppLl.ed the new breathing apparatus, brought a training tr~il~r to to on. t' . on vo~unteers and members of other fire departments had the opportunity p~r 1c1pate 1n an outstanding training program. It was a great trainin exper1ence for the Ammon Fire Department. g Councilmember Bean alerted the Council about the 1997 Fiscal Year time for input. Claims were approved. Budget. It is Councilmember Hall moved to adJ" ourn the ' meet1ng, and the motion was seconded by Councilmember Bean. The meeting was adjourned at 10:05 P. M. ATTEST ~(1.Q~.~ CITY CLERK i/ ~ I City of ArTlrTlon June 11, 1996 2135 S. Ammon Road, Ammon, 10 83.406 (208) 529..4211 I Mr. and Mrs. Ray Berry 3740 Georgia Lane Ammon, Idaho 83406 Dear Mr. and Mrs. Berry: The City of Ammon officials have become aware that you have placed a fence at the end of Talmage Street within the city limits. The street enters onto an easement designed for horseback riding, pedestrians, and service vehicles. Talmage Street is a dedicated street traffic. It is a part of the city maintained by the city. and open to public street system and Barriers are not to be placed or erected on open public streets. We understand you have erected a fence across the public street where it enters onto the easement, thereby obstructing the free'flow of traffic for a designated public use. You are required to remove the obstruction where it is on I a public way. Would you please take immediate action to remove the fence and barrier. BA:aj