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Council Minutes 9/12/2006 (137) I I I 77 November 4, 1993 CITY OF AMMON November 4, 1993 Minutes of the Regular Meeting of the Mayor and City Council: The meeting was called to order lowing City Officials present: Mayor C. Bruce Ard Councilman Marvin J. Anderson Councilman Harvey Crandall Councilman Ira K. Hall Councilman Greg J. Maeser at 7:30 P.M. by Mayor C. Bruce Ard with the fol- Engineer David E. Benton Fire Chief Cal Smith Public Works Foreman Rick Williams City Clerk Aleen C. Jensen Others Present: Susan L. Storer, 3444 Owen Street, Ammon William R. and Kathleen A. Roberts, 2000 Sabin, Ammon Laurel Hall, 2055 Sabin Drive, Ammon Robert Farrow, 3824 Wanda Street, Ammon James Crumb, 1975 Eagle Drive, Ammon David M. Tracy, 3655 Maiben Avenue, Ammon Debbie Smith, 1960 Curlew Drive, Ammon Todd Kennedy Ben Shumway Scott Jensen Chris Brower David Adams Jake Gasser Lloyd Cox Robert and Gloria Harris, 2025 Sabin Drive, Ammon Velma Hampton, 1880 Sabin Drive, Ammon Jan and Annette Sibbett, 205 Court Place, Ammon Bobbie Burton, Bonneville County Election Center Absent: Attorney W. Joe Anderson The Pledge of Allegiance to the Flag was directed by Councilman Hall, and the invocation was offered by Councilman Maeser. William R. Roberts, 2000 Sabin Drive, spoke for the residents of Sabin Drive who petitioned the City Council to remove Overlay 6 (Animals) from the zoning on properties in the Southwick Addition. The Planning and Zoning Commission conducted a Public Hearing on October 5, 1993, to hear the request for removal of the overlay, but the City Council did not proceed with a hearing pending further input from the property owners. Mr. Roberts requested the hearing process be completed because residents feel the area has outgrown animals due to the increase in residential density. The discussion brought out that the request mainly applies to Sabin Drive but properties facing Midway on the west side of Sabin Drive may also be interested in removal of the overlay, they are not opposed to "grandfathering" properties that now have animals, and residents in Block 3 of Southwick Addition want to request Overlay 6 (Animals) on their property. The City Council agreed to advertise for a Public Hearing on Thursday, December 2, 1993, to consider removal of Overlay 6 (Animals) from the Southwick Addition. Councilman Hall moved to approve the minutes of City Council Meeting held October 7, 1993, as written. The motion was seconded by Councilman Maeser. Roll call vote: Hall - Yes; Maeser - Yes; Crandall - Yes; Anderson - Yes. The motion carried unanimously. Councilman Maeser moved to approve the minutes of City Council Meeting held October 21, 1993, as written. The motion was seconded by Councilman Anderson. Roll call vote: Maeser - Yes; Anderson - Yes; Hall - Yes; Crandall - Yes. The motion carried unanimously. Susan L. Storer, 3444 Owen Street, requested a home occupation permit for M Marketing. The business involves telephone sales of videos to college libraries. She has an inventory of 300 tapes, and when they are sold the business operation will be finished. Mrs. Storer has no problem complying with the home occupation permit requirements in C.C. 11-5-27H. Councilman Crandall moved to approve a home occupation permit for Susan L. Storer. The motion was seconded by Council- man Hall. Roll call vote: Crandall - Yes; Hall - Yes; Maeser - Yes; Anderson - Yes. The motion carried unanimously. Susan Storer also discussed problems that her family has experienced with a dog owned by Dan Langley, 3335 Owen Street. She expressed concern that the dog is dangerous and may attack a child. The Council agreed to have Animal Control follow through on the dog problem. 78 November 4, 1993 Under the direction of Bobbie Burton from Bonneville County Election Center and City Clerk Aleen Jensen, the Council canvassed the results of the City of Ammon Municipal Election held Tuesday, November 2, 1993. They reviewed the canvass audit sheet, poll books, and election results. The tally is as follows: Precinct: 98 Number Voting: 742 29.3% Number Registered: 2531 Mayor: Bruce Ard 570 Votes 77 .3% Larry Eslinger 167 Votes 22.7% City Council Members: I Marvin J. Anderson 267 Votes 18.7% Bruce Brinton 219 Votes 15.3% Ira Kimball Hall, Jr. 294 Votes 20.5% Steven J. Loveland 384 Votes 26.8% Gerald B. Mitchell 267 Votes 18.7% Councilman Maeser moved to approve the count and accept the canvass of the Municipal Election held November 2, 1993. The motion was seconded by Councilman Crandall. Roll call vote: Maeser - Yes; Crandall - Yes; Anderson - Yes; Hall - Yes. The motion carried unanimously. The election spread sheets were signed by the City Council and attested by the City Clerk. Jan and Annette Sibbett, 205 Court Place, received a letter from Larry J. Schuldt, Bonneville County Chief Building Inspector, regarding a leanto type shed built on the north side of their garage which encroaches into the easement. The letter states "You are hereby notified to remove this leanto structure within 10 days of the receipt of this letter or further legal action by the City of Ammon and Bonneville County will proceed." Engineer Benton recommended that legal action be delayed to allow time to determine if the problem can be solved by vacating the easement. The Council agreed to delay action. Reports: Fire Chief Cal Smith reported for the Fire Department. The fire at the home of Brent B. Porter, 3465 San Carlos Street, was discussed. There is a problem with the fence placement on Ammon Road by one of the fire hydrants. It is impossible to swing a wrench on the hydrant because the fence is too close. I Mayor asked that the State be notified of the problem. The new fire engine is scheduled for delivery near December 1, 1993. Chief Smith asked for permission to purchase a FireCom apparatus intercom system for the new fire engine from capital outlay funds at an estimated cost of $2500. Councilman Crandall asked what equipment would be needed on the new engine. Plans are to purchase a new radio and then take the equipment off Engine No. 1. Engine No. 1 will be scheduled for repairs. The Council did not have a problem with the purchase of the intercom system provided it is within the budget. James Crumb discussed the annual fire inspections of businesses. The first inspection is scheduled for Thursday, November 11, at Skidmore Construction and Millwork Inc. In the past, the Fire Department has had problems completing inspections and enforcing the Uniform Fire Code at Skidmore's. They requested the Council to back up the department if they find any code violations when they complete Skidmore's inspection~ Robert Farrow, Fire Marshal, explained the inspection procedures. Farrow is not a certified fire inspector, and the Council urged him to get certified when a class is available. Councilman Anderson discussed a problem on Central Avenue with barking dogs. Animal Control was instructed to follow up on the problem. Other dog problems were discussed and the Council encouraged the City employees to continue to enforce the dog ordinance uniformly throughout the City. Councilman Hall called attention to the problem with ruts created by the City at Bryce Anderson's when the City employees drive in the easement to Well No. .2.. The City supplied some fill materials to level out the ruts, but it was suggested Mr. Anderson be contacted to see if more is needed. It was further recommended that in the spring the City look at the problem to try to get Anderson's participation with the City to improve the access. I Regarding Ammon Road, Resident Engineer Devin Rigby has been transferred and Ed Bala has taken his place. Mayor Ard has advised the State that the fences are not satisfactory. Those residents who are affected can file a claim if they are not satisfied. The State has advised the fencing is not complete. A report has been received about items left to be completed on the project. Engineer Benton discussed the proposed development on the southeast corner of Hitt Road and East 17th Street. Bonneville County has expressed concern about provisions for a retention pond area for the storm drain system. The City has - - CANVASS AUDIT SPREAD SHEET CITY OF AMMON - CANVASS HELD: NOVEMBER 4, 1993 PRECINCT NUMBER % A B C D E F G H I J K REGISTERED Voting BALLOTS Electors Number TOTAL Number Number BALWTS EARLY FINAL TOTAL TOTAL SENT TO Signing Absentees Electors Spoiled Ballots Auounted Transport Transport Transport COUNT PRECINCT PoD Book Ballots Voting Ballots Returned For Log Entry Log Entry Log Entry Recorded A plus C=G B plus C=D & J & K D plus EplusF = G H plus I equals J K=D&J Precinct 98A 1291 29.3 1150 385 12 397 3 762 1162 345 345 Precinct 98B 1240 1150 334 11 345 2 814 397 742 1161 397 Precinct Precinct Precinct Precinct Precinct Precinct Precinct Precinct Precinct TOTAL 2531 I 29.3\ 2300 719 23 I 7421 5 1576 2323 742 742 742 I, Aleen Jensen, City Clerk of Ammon, State of Idaho, do hereby certify that the above and foregoing is a full, true and complete audit of the General Municipal Election completed on the 2nd day of November 1993, as shown by the records now on file in the office of the County Clerk. ATIEST: ~~)2-~ CLERK We, the councilmembers of the City of Ammon, State of Idaho, have examined the audit of the General Municipal Election held on November 2, 1993, and do hereby state that we believe the foregoing to be a true and complete record of all votes cast within this city at s . " as shown by the records now on file in the office of the County Clerk. Whereunto w nds t . 4th Day of ovember, 1993. VI ~ 1< U-oJJ ~~) -!l-: ~SJ {/ ~ 1.0 I I I 81 November 18, 1993 the deed to the property where the storm drain system is located. Any problem about the drainage area can be worked out with the developer. The Planning and Zoning Commission does not need to become involved with the storm drain system, but they need to recommend about the zoning. Williams Street has been paved. Claims were approved. Councilman Crandall moved to adjourn the meeting, and the motion was seconded by Councilman Hall. The meeting was adjourned at 9:10 P.M. Q-D ATTEST ~J~. td.;~~J CITY CLERKpI CITY OF AMMON November 18, 1993 Minutes of the Regular Meeting of the Mayor and City Council: The Meeting was called to order at 7:30 lowing City Officials present: Mayor C. Bruce Ard Councilman Marvin J. Anderson Councilman Harvey Crandall Councilman Greg J. Maeser P.M. by Mayor C. Bruce Ard with the fol- Attorney W. Joe Anderson Fire Chief Cal Smith Public Works Foreman Rick Williams City Clerk Aleen C. Jensen Others Present: Den Mother Mikki Martin, 2935 Sawtooth, Ammon Cub Scouts Ben Fuhriman, Zach Martin, and Michael McIsaac M. Ritter Sheri Wise, Manager of Teton Plaza Mobile Home Park Tim Kaser, 2600 Salmon Street, Ammon Mike Armstrong, Custom Construction Company Planning and Zoning Commission Members Ron Folsom, Brian Taylor, Dixie Cutforth, Dick Bybee, Jim Southwick, and Kathy Dansie Absent: Councilman Ira K. Hall Engineer David E. Benton Public Works Director David Wadsworth The Pledge of Allegiance to the Flag was directed by Councilman Maeser, and the invocation was offered by Councilman Crandall. The Public Hearing to consider the request for rezone of Cantlon Properties which was scheduled for this meeting was reset to Thursday, December 16, 1993. Attorney Anderson explained the fifteen day hearing notice requirement was not adequately met. There was no discussion on the Cantlon Properties proposed development at Hitt Road and East 17th Street. Planning and Zoning Commission members Bybee, Cutforth, Folsom, Taylor, Southwick, and Dansie obj ected to the action of the City Council to grant a sideyard variance to Douglas Isbell, 2045 Ross Avenue. Jim Southwick acted as spokesman to voice the obj ections. The City Council granted the variance in violation of the City Code and against the unanimous recommendation of the Planning and Zoning Commission. Southwick quoted from 1. C. 67-6516 - "Each governing board shall provide as part of the zoning ordinance for the processing of applications for variance permits. A variance shall not be considered a right or special privilege, but may be granted to an applicant only upon a showing of undue hardship because of characteristics of the site and the variance is not in conflict with the public interest." The City of Ammon has established zoning ordinances and the City Council violated the ordinances when the Isbell variance was granted. It was recommended that the City Council take immediate action to correct the violation as specified in C. C. 11-6-8 "Notice to Correct". Council- man Crandall called attention to the Council's request for the Planning and Zoning Commission to review the sideyard requirement for accessory buildings in the RP zone and consider a change from twenty feet to ten feet. Southwick pointed out that people have purchased land and built homes under the RP zone and because the Council violated the ordinance does not justify changing the violated ordinance. Mike Armstrong of Custom Construction Company represented the developers of Pheasant Estates to request an amendment to their planned unit development (PUD). They propose to continue development according to the original layout but change