Council Minutes 9/12/2006 (139)
I
I
83
December 2, 1993
CITY OF AMMON
December 2, 1993
Minutes of the Public Hearing and Regular Meeting of the Mayor and City Council:
The meeting was called to order at 7: 30 P.M. by Mayor C. Bruce Ard with the
following City Officials present:
Mayor C. Bruce Ard Attorney W. Joe Anderson
Councilman Harvey Crandall Engineer David E. Benton
Councilman Ira K. Hall Public Works Director David Wadsworth
Councilman Greg J. Maeser City Clerk Aleen C. Jensen
The Pledge of Allegiance to the Flag was directed by Councilman Crandall, and the
invocation was offered by Councilman Hall.
Mayor Ard opened the Public Hearing of the City Council acting as the Board of
Adjustments to consider the request of Bonneville Joint School District 93 for
a Special Use Permit to allow a double-wide trailer to be located at Sand Creek
Middle School, 2955 Owen Street. The double-wide trailer will be used for
additional classroom space. Notice of hearing was made in accordance with the
requirements outlined in Idaho Code. There was no public input either for or
against. On November 9, 1993, the Planning and Zoning Commission recommended to
the City Council approval of the request. Following Council discussion,
Councilman Hall moved to approve the request of Bonneville Joint School District
93 for a Special Use Permit to locate a double-wide trailer at Sand Creek Middle
School. The motion was seconded by Councilman Maeser. Roll call vote: Hall-
Yes; Maeser - Yes; Crandall - Yes. The motion carried. Mayor Ard closed the
Public Hearing, and the City Council proceeded with regular business.
The developers of Pheasant Estates have requested permission from the Board of
Adjustments to amend their planned unit development (PUD). Engineer David E.
Benton declared conflict of interest, and he stated that he is representing
Robert Nixon et al and not the City of Ammon. Engineer Benton and Michael
Armstrong of Custom Construction explained the amended plans to decrease the unit
density from 47 units to 30 units. Units will be single story with 1200' of
living space and double car garages. Sketches of the original development plans
and the proposed amendments were reviewed. A group from the present Pheasant
Estates Homeowners' Association attended to obtain information about the
relationship of the established units with the new units. Richard Durrante,
President of the Association, expressed concerns that their condo agreements
contain a clause regarding the right to expand and providing for approval of any
changes. The following questions were asked: (1) Does the proj ect have any
deviations of City, County, or State building codes? (2) Is resident and visitor
parking off the street? Plans appear to eliminate existing residential, visitor,
and recreational vehicle parking. (3) Will the condo by-laws exist before the
units are sold? (4) Will this be part of Pheasant Estates? (5) What will be
the price of the units? (7) Will the units look similar to the existing units?
(8) Is the sewer system in the street capable of handling the increased load?
84
December 2, 1993
(9) Will completed units meet FHA requirements? (10) Will any additional
installations be required to handle extra units? (11) Will new project increase
any City of Ammon costs to us? (12) Will the project be landscaped? (13) Is
there any plan for use of the tennis courts? (14) Is there going to be any type
of City inspection while building is progressing? (15) When will the new units
be built? Answers were not available for all of the questions. Councilman Hall
moved to table action on the request for a PUD amendment until the developers
meet with the Homeowners' Association to find out what the covenants say and to
reach an agreement with them. The motion was seconded by Councilman Crandall.
Roll call vote: Hall - Yes; Crandall - Yes; Maeser - Yes. The motion carried.
Mayor Ard opened the Public Hearing to consider a request for a rezone to remove
the Animal Overlay (OL6) from the properties in Southwick Addition. Proper
notice of the hearing was made. The Planning and Zoning Commission heard the I
request on October 5, 1993, and they recommended the zone remain unchanged. All
citizens and persons in interest desiring to present testimony were sworn in by
Mayor Ard. Robert Harris (2025 Sabin Drive) - The density of the area is such
that it has outgrown the opportunity for animals, and the overlay should be
removed for the benefit of the community. Glenn Davis (1885 Sabin Drive) - We
would rather not have animals. Jeane Duke (1925 Sabin Drive) - I do not have
room for animals. Kathleen Roberts (2000 Sabin Drive) - 100% against animal
overlay. Laurel Hall (2055 Sabin Drive) - Against animal overlay. Bob Dunkley
(1860 Sabin Drive) - Definitely against animal overlay. Mr. Dunkley reported for
Orin Hampton and Chuck Osterhout - Against animal overlay. Lloyd Stanger
represented his mother-in-law,Gay Peters lie (2020 Cabellaro) - Against the animal
overlay. Fred Downard (1990 Sabin Drive) - In favor of the animal overlay. Pete
Davis (1935 Sabin Drive) - Owns 1.3 acres which is large enough for animals and
in favor of the animal overlay. Ron Salisbury (1815 Sabin Drive) - Owns horses
and is in favor of the animal overlay. Vickie Salisbury (1815 Sabin Drive) - In
favor of animal overlay. Eldon Harker (1915 Sabin Drive) - Against animal
overlay. Ken Shepherd (2475 Midway Avenue) - The City has grown to the point
that it is not a place for animals. Debbie Shepherd (2475 Midway Avenue) _
Against animal overlay. Gloria Harris (2025 Sabin Drive) - Definitely against the
animal overlay and she introduced a letter from Bill and Macy Terry (2080 Sabin
Drive) stating they are against the animal overlay. Tami McNett read a letter
from Sherry McNett (property owner of 2105 Sabin Drive) stating in favor of
animal overlay. Jay T. Ellis (2195 Midway Avenue) - Against the animal overlay.
Mardene Harker (1915 Sabin Drive) - Against the animal overlay. Letters were
received from Annette Hendrickson (1810 Sabin Drive) and Paul and Jean Byington I
(1855 Sabin Drive) expressing approval of the animal overlay. Councilman Maeser
reviewed the opinions stated at the Planning and Zoning Commission hearing.
There was no futher input, and Mayor Ard closed the Public Hearing.
Councilman Crandall moved to table action on the request and to instruct the City
Office to color a map of Southwick Addition to visually identify those properties
in favor of the animal overlay and those properties against the animal overlay.
The motion was seconded by Councilman Maeser. Roll call vote: Crandall - Yes;
Maeser - Yes; Hall - Yes. The motion carried. The Council discussed property
rights and scheduled action on the request for Council Meeting of December 16,
1993.
Business of the regular meeting was continued. Councilman Hall moved to approve
the minutes of the City Council Meeting held November 4, 1993, as prepared. The
motion was seconded by Councilman Crandall. Roll call vote: Hall - Yes;
Crandall - Yes; Maeser - Yes. The motion carried.
Councilman Maeser moved to approve the minutes of City Council Meeting held Nov-
ember 18, 1993, as prepared. The motion was seconded by Councilman Crandall.
Roll call vote: Maeser - Yes; Crandall - Yes; Hall - Yes. The motion carried.
Attorney Anderson discussed the discretionary powers of the Board of Adjustments
and/ or the City Council in making decisions. For example, when granting a
variance, the governing body must follow what is set forth in the ordinance and I
the statute to define the reasons for granting a variance. Then they
subjectively make a determination and report their findings. The findings must
show evidence to support their determination. There is a lot of administrative
discretion but it is dependent on supportive evidence.
D & S Truck and Auto Inc., 645 East Iona Road, Idaho Falls, has a trailer house
set up in the KMart parking lot to sell novelty license plates during the
Christmas season. The City Office notified them to make an application for a
business license. Councilman Hall moved to grant D & S Truck and Auto Inc. a
business license to sell novelty license plates from the trailer in the KMart
parking lot effective November 13 through December 31, 1993. The motion was
seconded by Councilman Maeser. Roll call vote: Hall - Yes; Maeser - Yes; Cran-
dall - Yes. The motion carried. The Christmas tree lot at Legends Convenience
Store should obtain a license.
I
I
I
85
December 2, 1993
Mayor Ard, Public Works Director David Wadsworth, and representatives of the
State Transportation Department inspected Ammon Road on November 30, 1993, to
determine work still needing to be finished to complete the project. Councilman
Maeser and Engineer Benton recommended a check list be sent to the State to
document items the City understands need completion and/or correction. The City
Clerk was asked to prepare a "punch list" for the Mayor's signature.
The Council discussed a problem about the use of a house Jay Johnson is building
for a relative at 2200 South Ammon Road. Mr. Johnson inquired of the City
Council whether or not the basement could be converted to a rental unit. Since
the property is zoned R-2 which would allow multi-family dwellings, the Council
indicated it should be an acceptable use. However, further interpretation of the
ordinances showed the house needs to have a 100' frontage for a multi-family
unit, and the house in question only has an 80' frontage. Mr. Johnson is of the
opinion that he was granted permission. The Council considered what to do to
correct the ordinance violation. No action was recommended. It was determined,
if the Council is asked planning and zoning questions, the inquiry should be
directed to the Planning and Zoning Commissionbefore the Council issues a
decision.
Reports: David Wadsworth reported for the Public Works Department. Well No. 5
has been insulated, and work is planned to get the Well No. 5 generator in
operation for emergency use. The water system was discussed, and Engineer Benton
explained about clay valves. A clay valve has been ordered for Well No.3. This
should help to regulate the water pressure.
Underground storage tank requirements were discussed. The City plans to remove
the diesel and gasoline tanks at Well No. 7 as soon as an alternative fuel supply
is in place. Apparently it is more economical to remove the tanks than to bring
them into compliance. Regulated USTs (except USTs that fuel emergency power
generators)must have a leak detection program in place by December 22, 1993.
Ammon is having difficulty meeting the deadline. It was agreed to request a time
extention through DEQ.
The City received a letter from Federal Emergency Management Agency concerning
Cantlon Properties proposal to relocate Sand Creek. The letter should be
considered at the Public Hearing on the rezone. Claims were approved.
Councilman Hall moved to adj ourn the meeting, and the motion was seconded by
Councilman Maeser. The meeting was adjourned at 9:40 P.M.
C0~~
ATTEST
~(l~J
CITY CLERKt