Loading...
Council Minutes 9/12/2006 (158) 1 I 'I CITY OF AMMON October 6, 1994 159 October 6, 1994 Minutes of the Public Hearing and 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 Fire Chief Ca1 Smith Fire Marshal Robert Farrow Planning & Zoning Rep. Dixie Wadsworth Cut forth Others Present: Dixie Jensen, 2270 Curlew Drive, Ammon Debbie Smith, 1960 Curlew Drive, Ammon Roger Stomme1, 3620 Tay10rview Lane, Ammon "Jerry" Mitchell, 3751 Marlene, Ammon Stanley J. Cheslock, 1900 Ross Avenue, Ammon Judy and Eric (Scout) Risenmay, 810 Tennis Court Drive, Ammon Carolyn Mullins, 2260 South Ammon Road No.4, Ammon Iris Beattie, 2245 Bittern Drive, Ammon Rex and Donna Call, 2220 Bittern Drive, Ammon Byron Stomme1, Bonneville County Sheriff Zach Martin (Scout) Tyler ? Peter Ricks (Scout) Mark Lembrich (Scout) Orland Bailey, 2810 Salmon Street, Ammon Risa Trane, 3210 Central Avenue, Ammon The Pledge of Allegiance to the Flag was directed by Councilman Loveland, and the invocation was offered by Councilman Hall. Mayor Ard opened the Public Hearing for the City Council acting as the Board of Adjustments to consider the request of Stanley J. Cheslock, 1900 Ross Avenue, for a sideyard variance to allow him to build an accessory building on his north property line. Proper Notice of Hearing was published in the Post Register, and property owners within 300' were mailed notices. Dr. Cheslock was sworn in by Mayor Ard to present testimony. He drew a sketch of his property on the chalkboard to show the location of buildings, fences, trees, and where he proposes to construct an accessory building. The applicant's reasons for not observing a twenty (20) foot sideyard as required for the RP zone were to enable utilization of an existing board fence line which would eliminate moving well-established trees and the neighbors have been allowed to build accessory buildings which appear to be on the property line. It was pointed out there is a ditch next to the proposed building location between Cheslock's and Larsen's. It is not known whether the ditch is on Cheslock's property, on Larsen's property, or whether the property line is in the center of the ditch. Location of the property line was an issue. A variance may not be necessary if the property line is in the center of the ditch. None of the maps available showed the irrigation ditch or an easement for it. It was determined that no action could be taken until Cheslock's exact property line is established. Councilman Hall moved to put the Cheslock request for variance on hold until there is better information on the plot relative to the side and backyard dimensions. The motion was seconded by Councilman Maeser. Roll call vote: Hall - Yes; Maeser - Yes; Loveland - Yes; Crandall - Yes. The motion carried unanimously. Business of the regular meeting continued. Terrell Lee Mullins, 2260 South Ammon Road No.4, applied for a permit to operate a business, Customs Express, from his home. Carolyn Mullins (Mrs. ) described the general nature of the business as premium incentives for companies. There is no traffic coming or going from the home. Basically, the operations involve graphic designing, telephone or fax ordering, and travel away from the home. The products are imported and exported out of a company in Salt Lake City, Utah. Mrs. Mullins stated they do not have a problem complying with the requirements for home occupations permits as specified in C.C. 11-5-27 H. Councilman Crandall moved to approve a home occupation permit for Terrell Lee Mullins, dba Customs Express. The motion was seconded by Councilman Hall. Roll call vote: Crandall - Yes; Hall - Yes; Loveland - Yes; Maeser - Yes. The motion carried unanimously. "Hi11view Petition" signed by sixty-one (61) citizens was presented. The petition reads, "We, the undersigned, concerned citizens of the Hi11view community, unite in voicing our concern about a local problem and request that the Ammon City Council take action in our behalf in remedying the situation. 160 October 6, 1994 "Currently residing at 1900 Curlew Drive are an indeterminate number of young boys and girls, ranging in age from 12 to 21, as far as can be determined. The behavior and living conditions of these youths are a constant irritation to the other people in the community. Of even greater concern is the threat to the young children in the area. The residents of the home in question spend a great deal of time "hanging out" in Lion's Park, frightening the young children and causing great concern for their parents. Also of concern are their habit of riding off-road motorcycles at a high speed on the local streets, and the traffic congestion in front of the house. The concern of greatest importance is that they are suspected of dealing drugs on the property. Although this has not yet been proven, the suspicion has been confirmed by local authorities. "We recognize these troubled youth have as much right to live here as do the rest I of us, but our concern for the safety of the children and older residents force us to question what actions can be taken to rid our community of this serious and escalating problem. Must the suspicion of drug dealing go unchallenged until one of our own children pays the price with his or her life?" Dixie Jensen, spokeswoman for the group of concerned citizens, read a more detailed explanation of the problem. "The petition just presented represents an alliance of citizens in the Hillview area who collectively voice our concern about this local problem and request that the council take action in our behalf to remedy this situation. This document is intended to explain more fully the gravity of the situation. "The home which concerns us is located at 1900 Curlew Drive, owned by Josie Blair and occupied for the past several years by James and Gaye Beard and their two children, Angela and Corrie. For the past several weeks a large group of young people, boys and girls, have been living at the home also. It has been reported by close neighbors that the youngest is a twelve year old girl and the oldest is a twenty-one year old man. "The condition of the property is the first concern which we address. The carport is stacked to the rafters with barrels, boxes, and refuse. The front yard is littered with an assortment of boxes, bottles, bags, etc. The condition of the property contrasts grotesquely with the well kept homes surrounding it. The owner of the home has been notified and has agreed to see that the property was cleaned I up but has failed to keep her word. She was informed that the petition would go before the city council on this date. "The next concern is the behavior of the young people who live in the home. The residents spend their time "hanging out" on the front lawn, drinking and smoking, along with other young people who join in the festivities during the evening and night hours. Some might consider this "hanging out" to be a harmless activity. But the truth is that they attract children and young people in the community into a potentially dangerous situation. Some of our own young people have already been seduced by their free lifestyle which looks appealing to them on the surface. "At almost any hour, but especially during the evening and night hours, the street in front of the home is clogged with parked vehicles, on both sides of the street, often requiring those traveling the street to come to a stop and pullover to make room for oncoming traffic, then inching carefully between the badly parked vehicles. Several of us have tried reasoning with them about the parking situation as we have made our way through the maze and have been rebuked with loud and abrasive language. Calls to the Bonneville County police have not improved the situation, although the county police do occasionally respond, they are unable to effect a permanent change. "Another activity of the residents which has become a concern is their use of off- road motorcycles on the local streets. They drive the motorcycles recklessly and usually above the speed limit. Pleas of many residents to the Bonneville County Police Department has yielded no solution to the problem. The high speed, failure to stop at stop signs, and general unsafe driving practices have come close to causing a number of accidents. I "Another driving hazard is the late-night and early-morning cruising through the neighborhood. Some residents have reported that the boys have held late-night races without headlights. "Yet another concern to local residents is the use of Lion's Park as another hang- out of these young people. Many of the local children have stopped playing at the park because they are afraid of the "big kids" hanging out there. Those who do continue their play are at risk. "The greatest concern of the neighborhood is the SUsplclon of drug trafficking on the property and in Lion's Park. Many of the neighbors have witnessed behavior indicating drug use and drug sales. The size of the group which gathers in the evenings, the frequency of visitors, and the behavior of the group all create suspicion of such activity. I I I 161 October 6, 1994 "We fully expect a response such as 'you can't convict them of drug trafficking based on their suspicious behavior.' We are fully aware of that. But, we cannot hide our heads in the sand and say, 'yes, this certainly looks like a drug problem, but it's none of my concern unless they do something to harm me or my family.' If we wait long enough it will happen. "If the city were to take action on the failure of the Beard's to take care of the property, the use of the home to house more than one family, the reckless use of licensed and unlicensed vehicles on our streets, and the dangerous traffic situation in front of the house, the possible drug problem could effectively be resolved as a natural result of clearing up the offenses which do fall under the jurisdiction of the city of Ammon. "We stand resolved that this problem must not be simply ignored until it goes away. Please review our options and respond." Bonneville County Sheriff Byron Stommel responded. He stated he understood the problem, but the computer shows there has only been four calls about the residence at 1900 Curlew in the past year. Officers are aware of the place, they go there, and undercover officers have been in the house. No drug sales were going on when the undercover people were there. In order to combat the problem, the neighbors need to call the Sheriff's office. The officer can't make an arrest if he does not see the offense. The officer needs the cooperation of the neighbors to identify and detail specific situations. There is a need to organize a resistance as much as citizens have organized to get the petition. Citizens are afraid to call the Sheriff and be subject to retaliation. Input was received from Debbie and Cal Smith, Iris Beattie, Donna Call, Orland Bailey, "Jerry" Mitchell, and David Benton. The City Council was requested to enforce the parking ordinances and address the nuisance conditions. Sheriff Stommel agreed to work on the traffic/parking problems and to contact the property owners, Fred and Josie Blair, to make them aware of the concerns. Mayor Ard will send a grievance letter to the Blairs. If there is no response to the letter, the City Council will schedule a nuisance hearing. Dixie Cutforth reported for the Planning and Zoning Commission. A Public Hearing was held to consider the request of the City Council to rezone Ammon Meadows Division 1, 2, and 3 from RPA to R-l except for Lots 29, 30, and 31 which should remain R-2. The Commission recommended denial of the request because the property owners did not make the request, owners purchased their property when it was zoned RPA, and any change may lower property values. Outdoor Advertising discussed Ammon's sign ordinance. The manufactured housing code was reviewed, and the Commission desired to seek additional code information. The Planning and Zoning Commission recommended that City of Ammon create a separate Board of Adjustments outside of the City Council as authorized in C.C. 11-7-11. Attorney Anderson advised, even if there is a separate Board of Adjustments, any appeal of a Board of Adjustment decision would be heard by the City Council. The Council appreciated the recommendation for a separate Board of Adjustments. Attorney Anderson was asked to research how a Board of Adjustments is created--by ordinance or by resolution. The Council discussed the Planning and Zoning Commission's recommendation to deny a rezone from RPA to R-l of lots in Ammon Meadows. Councilman Maeser moved to approve the minutes of City Council Meeting held on Sep- tember 15, 1994. The motion was seconded by Councilman Crandall. Roll call vote: Maeser - Yes; Crandall - Yes; Loveland - Yes; Hall - Yes. The motion carried unanimously. Unfinished Business: Regarding the junkyard conditions at 3265-3275 Owen Street, the City has mowed the right-of-way and the property owner has plans to move the trailer. The development agreement for Cantlon Properties' Ammon Town Center is still pending. The Anderson Lumber Company /Hatch Property Annexation and Development Agreement has been signed by Anderson Lumber and is ready for the Mayor's signature. ICRMP and BMPO have been contacted to make a recommendation about the clear view of an intersecting street at Midway and Circle S. Mr. Killian received City Council approval to build his fence, however, the fence may be on City right-of-way. Mayor Ard reported Pumice Inc. has been given permission to install a private septic tank and drain field provided they comply with all the District 7 Health and / or State of Idaho sewage disposal rules, regulations and standards. Permission was granted because the buildings used by Pumice Inc. are located too far from the City sewer lines to make a connection feasible. Bids for the City of Ammon 1994 Street Leveling Course and Chip/Seal Coating which were opened on September 6, 1994, were reviewed. The bid was awarded to BECO on September 7, 1994. Details of the bids are as follows: 162 October 6. 1994 Date of Opening Sept. 6, 1994 Beco Construction Co.. Inc. H-K Contractors, Inc. Item No. 1 No. of Units Description Unit Price Total 6.000 lbs. Crack Sealant as specified $ 1. 22 $ 7.320.00 $ 1. 75 $ 10.500.00 Item No. 2 No. of Units Description 400 tons Leveling course - Ross Avenue, Georgia Lane, West end of Wanda Street East to the Railroad tracks, Brookfield Lane, Marlene Street, Ross Circle, Rich Lane I Unit Price Total $ 44.00 $ 17,600.00 $ 50.00 $ 20,000.00 Item No. 3 No. of Units Unit Price Total 40,000 sq.yd. chip & seal $ 1. 22 $ 48,800.00 $ 1. 25 $ 50,000.00 TOTAL BID $ 73,720.00 $ 80,500.00 Councilman Crandall moved to continue to hold City Council Meeting on the first and third Thursdays at 7:30 P. M. and the Planning and Zoning Commission Meeting on the first Tuesday at 7:30 P.M. The motion was seconded by Councilman Loveland. Roll call vote: Crandall - Yes; Loveland - Yes; Hall - Yes; Maeser - Yes. The motion carrried unanimusly. VerI Terry has requested a refund of building permit fees for the last house scheduled for construction on Mason Street in the Mountain Valley Estates. Mr. Terry feels the City has treated him unjustly in development of the Mason Street I property because of the FEMA flood plain moratorium. Construction was delayed until the City was able to get approval of revisions to the ordinance for our basement exception. The Council discussed the issue, and it was agreed the City did not have control of the moratorium and no exception should be granted to VerI Terry to waive the building permit fees. A letter was received from Chad Stanger, Public Works Director of the City of Idaho Falls, to advise City of Ammon about the new National Pollutant Discharge Elimination System (NPDES) permit from EPA for the City owned and operated sewage treatment facility. This permit reflects the added stringency of environmental laws, rules, and regulations. United Way participation was discussed. Contributions are up to the individual employee. Bids were received for a 1995 All Season Tractor from Western Road Machinery and Turf Equipment & Irrigation Inc. Rocky Mountain Turf & Industrial Equipment said they did not plan to bid. Bids were as follows: Turf Equipment 1 30455 Toro Groundsmaster 455 D 4WD with Road Light Kit 1 Cab with Heater, Wipers, Fan, Beacon Light, Head Lights, Rear Light 1 7' Rotary Broom 25" Dia. Options: 1 72" Snowthrower 2 Stage 25" Auger $ 38,650.00 4,257.00 3,340.00 I 3,660.00 Western Road 1 New 1995 Trackless Model MT Series V All Season Municipal Tractor Optional Equipment: 105 H.P. Turbo Diesel Engine Rear mounted PTO unit Rear mounted 3 point hitch 31 x 13.5 x 15 Summer turf tires Truck loading snow blower chute $ 58,706.99 2,162.89 1,081.45 933.98 1,403.91 530.89 Public Works Director Wadsworth discussed the bids with the City Council and explained the equipment capabilities. Western Road met the specifications as advertised. The Toro is a good machine, but it is smaller. Councilman Crandall I I I 163 October 6, 1994 moved to award the bid for a 1995 All Season Tractor to Western Road Machinery Company for the larger outfit at $58,606.99 with options at $ 6,113.12 for a total of $64,820.11 F.O.B. Ammon, Idaho. The motion was seconded by Councilman Loveland. Roll call vote: Crandall - Yes; Loveland - Yes; Hall - Yes; Maeser - Yes. The motion carried unanimously. Reports: Attorney Anderson advised Ammon's claim for the and 5% City participation. reported the State Transportation Department has Ammon Road Project will be allowed for 95% Federal Fire Chief Cal Smith reported for the Fire Department. There was a packing problem on the new fire truck. Upon investigation a potential packing gland problem was identified. The dealer is checking on how we take care of warranty work. The new motor has been received for Engine No.3, and it is ready to be installed. Engineer Benton brought the Council up-to-date on the Ammon Town Center development. Complete plans have been received for review. The work to move Sand Creek will probably begin in January. The Idaho Falls' Planning and Zoning Commission plans to again consider annexation of Hitt Road R-O-W on October 22, 1994. Councilman Crandall reviewed a claim received from Engineer Benton in the amount of $4,515.00 for preliminary work on the Ammon Road project. There is not a problem with the claim except for the timing. Also, bills were received earlier in the year from Benton Engineering for work on School District No. 93 subdivision, Fox Hollow Addition, and Hiller Addition. Since considerable time had elapsed from when the work was completed, Councilman Crandall advised the City Office to bill the parties involved, and only if they paid, should the City pay Benton. The school advised that they were not honoring the bill, Hiller paid Benton direct, and no response has been received from Skidmore on Fox Hollow. Benton was asked if he has completed any other work for the City which has not been billed for. He reported there is a bill on work done on Williams Street, and there will be some on the Cantlon Properties development. Councilman Crandall recommended that the City policy is we receive timely bills, we pass them on to the property owner, and at that point we incur a liability, but if the City gets a bill that is really old and the owner does not pay it, then the City should not be "stuck" with the bill. Councilman Crandall moved to pay David Benton of Benton Engineering $4,515.00 for preliminary work on the Ammon Road Project. The motion was seconded by Councilman Maeser. Roll call vote: Crandall - Yes; Maeser - Yes; Hall - Yes; Loveland - Yes. The motion carried unanimously. Road maintenance was discussed. It Councilman Maeser agreed to write it. temporary employment status to regular is time for the annual newsletter, and Jason Clapp was approved to be changed from status. Claims were approved. Councilman Crandall moved to adjourn the meeting, and the motion was seconded by Councilman Maeser. The meeting was adjourned at 9:45 P.M. 09 ATTEST -, \ '- .Lt.~L~ (7, /e/Jt_~LtJ CITY CLERK {