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Council Minutes 9/12/2006 (65) I I I CITY OF AMMON June 20, 1996 65 June 20, 1996 Minutes of the Regular Meeting of the Mayor and City Council: The meeting was called to order Building, 2135 South Ammon Road, present: Mayor C. Bruce Ard Councilmember W. Lee Bean Councilmember Sherrill C. Bohn Councilmember Ira K. Hall Councilmember Steven J. Loveland City Clerk Aleen C. Jensen by Mayor C. Bruce Ard at 7:35 P.M. in the City Ammon, Idaho, with the following City Officials Attorney W. Joe Anderson Engineer David E. Benton Public Works Director David Wadsworth Fire Chief Clarence Nelson Ass't. Fire Chief Robert Farrow Others Present: Van and Barb Bagley, 2790 East 17th Street, Ammon Emerson and Joy Jenkins, 3560 Georgia Lane, Ammon Sydney Wagner, 3580 Georgia Lane, Ammon Karin Fry, Realtor Brent M., Cherie, and Regan Dees, 3350 Southwick Lane, Ammon Loren, Elaine, and John Peterson, 3780 Georgia Lane, Ammon Richard Eldridge, 2330 Cabellaro Drive, Ammon Marvin R. and Jeanette Stucki, 3660 Georgia Lane, Ammon Ray and Ivy Berry, 3740 Georgia Lane, Ammon Cleve and Dixie Delaney, 3320 Southwick Lane, Ammon G. Lance and Ranae Miner, 3280 Southwick Lane, Ammon Deon Cole, 2820 Ross Avenue, Ammon Jack Way, 2810 Ross Avenue, Ammon John Sheppard, 3565 Georgia Lane, Ammon The Pledge of Allegiance to the Flag was led by Councilmember Bohn, and the invocation was offered by Councilmember Loveland. Van and Barb Bagley,2790 East 17th Street, applied for a home occupation permit to manufacture small crafts and wood projects. Mostly they will be consigned to craft shops. They have not had people coming to the house to purchase craft items, but they would like to be able to do so at certain times of the year. There will be no employees. They are recently retired, and they do not anticipate a large volume of business. They are looking at continuing with consignment sales, but they are also looking at garage type sales maybe two times per year. Bagleys signed a statement to say they are familiar with the provisions of City Code 11- 5-27H, and they will comply with them. Councilmember Bohn moved to approve a home occupation permit for Van and Barb Bagley, dba B.V.B. Wood and Crafts, 2790 East 17th Street, provided they only have traffic to their home a couple of times per year. The motion was seconded by Councilmember Loveland. Roll call vote: Bohn- Yes; Loveland - Yes; Bean - Yes. The motion carried. (Councilmember Hall did not arrive at the meeting until after this action.) A group of residents of Barbara Jean Estates with Loren Peterson as spokesman protested a letter from the City of Ammon to Mr. and Mrs. Ray Berry requesting that they remove the fence/gate to the bridle path which was erected at the end of Talmage Street. Peterson presented a brief history of the bridle path to explain that it is private property owned by forty-two property owners, and they can put a fence anywhere on it they want. The Barbara Jean Estates covenants were written in 1975, and they were amended in 1976. The amendment states, "Each property owner shall own 1/42 of the bridle path included within this plat and shall be responsible for the maintenance on a continuing basis." According to information obtained by Loren Peterson, the forty- two property owners are each assessed a portion of the property tax on the bridle path. Originally the City placed a barrier across Talmage Street to control access to the bridle path, but it has deteriorated until there is one pole still standing. Property owners became concerned with traffic coming through and felt a need to protect themselves from offensive activities. The bridle path has become a place for kids to hot rod, kids on motorcycles and snow machines, teens congregate there at night to build fires, and a number of other things. Through the years various attempts have been made to control access. The City has indicated the bridle path is the responsibility of the homeowners. Last summer it was decided to build a removable fence for the protection of property. The fence was not built to block usage but as a protective measure. On June 11, 1996, the City requested the fence to be removed because it "obstructs the free flow of traffic for a designated public use." A copy of the letter is attached to these minutes. Discussion followed. 66 June 20, 1996 Property owners of Barbara Jean Estates contend they have ownership of the bridle path, they have the right to control access, and a telephone call makes access available to those who have the right to use it. Property owners of Pony Acres voiced their opinion that the bridle path extends into their subdivision and they should have unrestricted access. Marvin Stucki was spokesman for Pony Acres. Mayor Ard conceded that the fence/gate is not on City property, the homeowners have a right to have a fence/gate, and the City was in error to request removal. The City's concern is that there is an access available to the homeowners in both subdivisions. The bridle path can be accessed from Talmage Street, and there is an access identified from Georgia Lane. Some outfits may have difficulty accessing from Georgia Lane because it requires a 900 turn on to the path. Engineer Benton presented historical information about the bridle path. The recorded plat for Pony Acres shows the bridle path as an easement. It states "no I fence or obstacles to be erected across the bridle path." Property owners are taxed on the easement. The recorded plat for Barbara Jean Estates (9-8-75) does not show the bridle path as an easement. It is designated as a twenty foot (20') right-of-way. According to Benton's information the property owners are not taxed on it. The Barbara Jean plat reads, "Bridle paths are not dedicated to the public but the easement right is reserved for the use of the lot owners in Pony Acres and Barbara Jean Estates." Other areas of discussion included maintenance, liability, difference between restrictive covenants and a plat, and abandonment of the bridle path would require 100% consent of the property owners. Attorney Anderson interpreted the bridle path is owned by all the property owners in the subdivisions, they are the only ones who should be using it, the users are responsible for maintenance, and users assume liability. Mayor Ard agreed to rescind the letter requesting removal of the fence/gate at Talmage Street. Property owners of Barbara Jean Estates and Pony Acres were asked to work out the problem of the bridle path so both subdivisions feel comfortable with the access. Richard Eldridge, 2330 Cabellaro Drive, stated his purpose was not to request removal of the animal overlay on the south end of the Southwick Addition, but he wanted to make the Council aware that a problem does exist. Two years ago Eldridge purchased property in Ammon Meadows on Cabellaro Drive. At that time he was I assured the property owner at 3350 Southwick Lane did not plan to have animals. However, the Southwick Lane property was sold, and the City was asked to research the zoning to determine if the animal overlay was still in effect. It was determined that the property is still zoned with OL6 which allows animals. The problem is the overlay was established in the early sixties and with development small lots on Cabellaro Drive back up to a long lot at 3350 Southwick Lane. This would allow barnyard conditions to happen within fifty feet of Cabellaro Drive back doors. Eldridge's wife suffers with asthma and animals affect her ability to breathe. The owner has not moved animals in, but there has been a constant fight regarding use of the property for animals. Again, new owners have bought the property, and Eldridge does not want the fight to continue. Lance Miner explained the zoning existed before Ammon Meadows was developed, therefore, Eldridge should have considered that right. Brent Dees stated he is the owner of the property in question. He does not believe he is a bad owner, and his pasture is well taken care of. New people are buying the property at 3350 Southwick Lane. They do not have livestock, but they have the right to choose how they use their property. Dees appealed to the City to protect those rights. Mayor Ard advised the City is not involved unless a nuisance occurs. If a nuisance does occur, the City will listen. Mr. Eldridge called attention to a petition (undated) signed by residents of property in Ammon Meadows and Southwick Additions which states they are opposed to livestock being brought in, and he asked that consideration be given to those residents. There are owners of fourteen properties included on the petition. Unfinished business was considered. There has been progress on the First Street I Waterline Extension. Street lights have been approved for three locations. Regarding building permit inspections, Bonneville County has exercised their option for sixty days notice to terminate the Joint Powers Agreement. Larry Schuldt expressed concern that he has terminated employment with Bonneville County, and he is left without income until after August 11, 1996. He requested the Mayor to negotiate with the Bonneville County Commissioners to see if they would reconsider termination of the agreement immediately or, at least, let the permits received since June 11, 1996, be assigned to Schuldt. Councilmember Hall moved to approve fireworks permits for Eastgate Drug, 3270 East 17th Street; Paula Boam at Wright Stop, 125 South 2500 East; and Kmart inside the store at 3101 East 17th Street; subject to inspection and approval by the Fire Department. The motion was seconded by Councilmember Bean. Roll call vote: Hall- Yes; Bean - Yes; Bohn - Yes; Loveland - Yes. The motion carried unanimously. I I I 67 June 20, 1996 The City Office received a call about the condition of the property at 2865 South Ammon Road. Information was requested about what the City plans to do about it. The property owner has some personal problems, but the City is concerned about the existing conditions. Even if the owner is unable to complete the house at this time, it would be helpful if he cleaned up the lot. The Council agreed to try to initiate some measures to improve conditions. Councilmember Hall called attention to the fact that, if contractors who perform work for the City do not have workers compensation coverage, the City is liable to include them on the City's policy and pay the premium. Workers compensation coverage was discussed. Councilmember Hall moved to require any contractors who do work for the City to show proof of workers compensation coverage. The motion was seconded by Councilmember Bohn. Roll call vote: Hall - Yes; Bohn - Yes; Bean - Yes; Loveland - Yes. The motion carried unanimously. Reports: Public Works Director David Wadsworth reported work has commenced on the street intersection replacement project. Councilmenber Loveland reported the Youth Service Project planned for the City has been postponed from July to August. Councilmember Bohn recommended it would be good public relations to continue with plans for a City Building open house. The Council agreed it is a good idea, but the landscaping needs to be completed. The condition of the property at 3217 East 17th Street next to the Fire Station was discussed. The large dead trees on the east side of the property cause problems for the Fire Department, and the general condition of the property is an eyesore. Procedures for abating the conditions were discussed. The question is whether the property is more of a nuisance for the City or a hazard for the Fire Department. Public Works Director Wadsworth agreed to talk with the owners before any action is taken. Councilmember approaching. Bean reminded that the 1997 Fiscal Year Budget deadlines are rapidly It was recommended information be studied on the 1% initiative. Engineer Benton reported on Well No.8 progress. The data is now available so the pump can be designed. Information will be assembled for the Council to choose how to proceed. Claims were approved. Councilmember Bean motion was seconded by Councilmember Hall. moved to adj ourn the meeting, and the The meeting was adjourned at 9:40 P.M. O~AQ ATTEST ~ (1- f24~ CITY CLERK ~