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Council Minutes 9/12/2006 (157) I I I 155 September 15, 1994 CITY OF AMMON September 15, 1994 Minutes of 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 Foreman Rick Williams Fire Marshal Robert Farrow Plan. & Zoning Chairman Dick Bybee Others Present: W. C. Raymond, 3185 Romrell Lane, Ammon Gerald B. "Jerry" Mitchell, 3751 Marlene Street, Ammon David McMurtrey, Compliance Services Mindy Davis, Compliance Services David Sommer, 3450 Circle S Drive, Ammon Michael N. and Vesta Baker, 3085 Owen Street, Ammon Reed Wilding (Scout), 2245 Avocet Drive, Ammon Absent: Public Works Director David Wadsworth The Pledge of Allegiance to the Flag was directed by Councilman Hall, and the invocation was offered by Councilman Loveland. David Sommer, 3450 Circle S Drive, discussed a hazardous traffic situation at the intersection of Circle S Drive and Midway Avenue. Vehicles traveling west on Circle S Drive do not have a clear view of on-coming vehicles traveling from the north to the south on Midway because of a six (6) foot board fence along the west side of the property at 3225 Circle S Drive. Mr. Sommer stated the visibility is very poor, and now that Circle S Drive is no longer a dead end street, he believes the problem needs to be addressed by the City Officials. Photos of the area were shown to the Council. Planning and Zoning Commission Chairman Bybee read from City Code 11-5-8, "Clear View of Intersecting Streets and Ways." Apparently the property owner obtained permission from the City before he constructed the fence. The Council agreed to obtain a recommendation from BMPO in their traffic study and from ICRMP under their risk management program. David McMurtrey and Mindy Davis represented Compliance Services Inc. concerning their hazard communications program. Mr. McMurtrey reported on the OSHA compliance evaluation for the City of Ammon which they completed in June, 1994. Ms. Davis described in detail the services available. Their motto is "Planning today for a safer tomorrow." The proposal presented would cost the City of Ammon $1250. This includes "Hazard Communication Program (29 CFA 1910.1200) - $650; "Material Safety Data Sheet File" - $500; and "Employee Training Video" - $100. It was estimated the program would take four to six weeks. The Council asked about credentials and references of clients. As soon as the representatives supply a list of references, the Council will decide whether or not to enter into the program. Chairman Dick Bybee reported for the Planning and Zoning Commission. Owners of the Chambers Addition requested abandonment of the dedicated road access into their residential units. Since the property has been rezoned from residential to C-l, they believe a dedicated access should not be required. They are interested in protecting their rental units, and they do not want any of their property dedicated for public use. The Planning and Zoning Commission recommended the request be denied because Chambers Addition is platted as separate lots, there must be access into the residential units, and the ordinance does not provide for abandonment of access. Engineer Benton discussed the plans, of Anderson Lumber Company for the Hatch property which is adjacent to Chambers Addition on the west. The main concern is that the Anderson Lumber Company plans indicate their designated east access will combine with the Chambers Addition dedicated access to provide a sixty (60) foot entrance to be used by Anderson Lumber Company. Anderson Lumber has been cooperative in working out any concerns with Chambers Addition owners. Details will be worked out in the annexation agreement. Other Planning and Zoning business included a discussion of the request by the City Council to rezone Ammon Meadows from RPA to R-l except for Lots 29, 30 and 31, Block 2, Division No. 2 which are now zoned R-2. A Public Hearing was scheduled for October 4, 1994, to consider the request. Seven approved building permits were reviewed. Review was made of the request for a sideyard variance of Stanley Cheslock, 1900 Ross Avenue, to allow him to build an accessory building on the property line in an RP zone. The Planning and Zoning Commission recommended that the City Council denies the request. The request does not meet the requirements 156 September 15, 1994 for a variance, and other property owners in the area have complied with the requirements except for Isbells, 2045 Ross Avenue, who were granted a variance by the City Council. Michael and Vesta Baker, 3085 Owen Street, requested that a four-way stop be placed at the intersection of Western Avenue and Owen Street. Vesta expressed concern about public safety because the vehicles travel too fast and there are no sidewalks so the children walk or ride their bikes in the middle of the street. She observed a near accident yesterday so she decided to make her concerns known. The Bakers were advised that the City has requested BMPO to do a traffic study of the Ammon townsite. As soon as results of the study are available, the Council promised to make them available to the Bakers. In regards to speeders and youth riding dirt motorcycles up and down the street, the Bakers were told to report the incidents to the Bonneville County Sheriff's office. GE~rald B. "Jerry" Mitchell, 3751 Marlene Street, presented comments and observations on the status of City Government. The presentation was in letter form and was read to the City Officials. A copy of the Mitchell letter is attached to these minutes. It was pointed out that no individual names were mentioned in the letter because it is not right for the City to put one resident in a position against his neighbor. Mitchell challenged the City Officials to take responsibility for some of the oversights they are allowing to happen. Some of the decisions made are affecting property values and are unfair to the residents. o the Concerns discussed include the granting of a variance when the Planning and Zoning Commission has recommended that it be denied because the requirements of City Code are not met; follow up on kennel licenses to assure a non-commercial kennel is not allowed to become a commercial kennel without citizen input; and monitoring of home occupation permits, especially those involving day cares or pre-schools, to assure they observe fire safety standards and don't create traffic problems. To conclude his comments, Jerry Mitchell expressed appreciation for the Mayor and City Council. The Council reviewed recent actions taken on variances, day care/pre-school home occupation permits, and kennel licenses. Day care/pre-school requirements were discussed, and the Council questioned what the difference is between a day care and a pre-school. Fire safety standards were considered. The Fire Department agreed to obtain some fire safety information. Also, kennel licenses and their impact on a neighborhood were discussed. It was brought out that the dog ordinance does not specify a restriction on the number of dogs for either a non-commercial or a commercial kennel license. Following the discussion, it was decided to request the owner of the pre-school at 3858 Marlene to attend City Council meeting for a review of operations. The review should cover compliance with fire safety requirements, traffic control, and a general review of the home occupation requirements since the ordinance has been amended. The owner of the kennel at 3776 Marlene should be asked to attend City Council Meeting to review kennel license requirements and to determine if the operation is still non-commercial. Councilman Maeser noted that the minutes of September 1, 1994, City Council Meeting should be corrected to read that Community Development grants may be available to build a Fire Station rather than a City Building. Councilman Maeser moved to approve the minutes of City Council Meeting held September 1, 1994, as corrected. The motion was seconded by Councilman Loveland. Roll call vote: Maeser - Yes; Loveland - Yes; Crandall - Yes; Hall - Yes. The motion carried unanimously. W. C. Raymond, 3185 Romrell Lane, stated that Ammon strongly needs a curfew. The police force has a problem during the early morning hours. There are kids out there doing things they should not be doing, but the police can not stop them because there is no reason to pull them over. A curfew would provide a reason. It was explained Ammon would like to make their curfew uniform with Bonneville County in order to assure enforcement. Raymond praised Idaho Falls' curfew ordinance. He expressed the opinion that it is a mistake for a City to set up their ordinance so parents are automatically in violation of the curfew ordinance. He preferred both kids and parents share the responsibility. Mr. Raymond is involved with a volunteer group, "Tough Love." He expressed a willingness to help Ammon when they get involved in drafting a curfew ordinance. Attorney Anderson reported Cantlon Properties has accepted the suggestions the City Council made at the last meeting regarding the development agreement for Ammon Town Center. The final draft is being prepared. Anderson Lumber Company has indicated the annexation agreement is acceptable and they are ready to sign. It is available for the Council to review, and should be ready for action at the next Council Meeting. The Idaho F aIls Planning and Zoning Commission conducted a Public Hearing on September 13, 1994, to consider annexation of Hitt Road R-O-W from East Sunnyside Road to 25th Street. Engineer Benton reported on the hearing and advised that members of the D.F. Ricks family attended to express their opposition. A letter of I I I I I I 157 September 15, 1994 protest questioning the legality of the request was filed by Attorney Anderson for the City of Ammon. Action was tabled at the hearing, and input was requested from their City Attorney Dale Storer. City of Ammon and City of Idaho Falls have a difference of op1n1on on jurisdiction for approval of plats. The law states when there is a piece of land within one mile of two cities that the larger city has the jurisdiction. Idaho Falls contends that a plat for any piece of land within a mile, and they do not exclude land that is within the City of Ammon even a subdivision within the City of Ammon, must be approved by their Planning Commission and their City Council. Attorney Anderson is of the opinion the law applies to land in the County which is not incorporated into either city, and once the land is within the City of Ammon that Idaho Falls does not have jurisdiction. The Council discussed the somewhat antagonistic relationship which exists between the City of Ammon and the City of Idaho Falls. Each city needs to work cooperatively. The Council requested on Attorney General opinion on larger city/smaller city jurisdiction and Hitt Road R-O-W annexation. Reports: Attorney Anderson filed a response to the petition of A & B Irrigation District for delivery call of water whereby they asked the Department of Water Resources to deliver their decreed right and cut off anyone else that might infringe on their rights. The response was filed in order to get City of Ammon on the roll and claim our priority. The impact of the petition was discussed. Engineer Benton discussed plans for a new city well. It was brought out that consideration should be given to selecting the best location. It was suggested earlier that a good location would probably be near Well No.7. In reconsidering the possible location, a better use would be to locate a new well farther north and to the west of Well No.7. A general location needs to be selected before an application can be submitted to the Department of Water Resources. Foreman Rick Williams reported for Public Works. Bonneville County is almost through with the Sunnyside Road widening project. Plans are to chip/seal Sunnyside Road next year or when funds are available. Parking Lot Maintenance (subcontractor for BECO) plans to begin work on the leveling course/chip/seal project planned for the north Ross area on Monday, September 19, 1994. When Parking Lot Maintenance is finished with the preliminary work, BECO will move in to finish the job. Fire Marshall Robert Farrow reported for the Fire Department. The training trailer which Councilman Loveland reported on at last meeting is available for $1000 but the City needs to tow it. Towing possibilities were discussed. If a different trailer is obtained, the present trailer will be dismantled and salvaged. Procedures to follow for Fire Department expenditures were clarified. Councilman Loveland reported the manhole at Romrell and Rawson is about three (3) inches below grade of the road, and it needs to be raised up to eliminate the hole. A complaint has been received about kids and their motor bikes allover the public right-of-way. It was suggested the Sheriff's Office be notified. Councilman Hall commented on the request of the High Country Resource Conservation and Development Area Inc. for participation funds for a cloud seeding project to produce much needed moisture. City Clerk Aleen Jensen reported on the visit of Gary Gunnerson and David Kinghorn, Loss Control representatives of ICRMP. They spent the morning with Rick Williams touring the various City owned facilities--parks, pool, wells, fire station, City Building. During the afternoon they reviewed operation procedures and agreements with the City Clerk. A report of their visit will be made, and it will include ideas for consideration to reduce liability. Councilman Hall moved to adj ourn the meeting, and it was seconded by Councilman Maeser. The meeting was adjourned at 9:45 P.M. ATTEST /~". ~~. ( ~ /' I. ~L ..~~y /7/' I/? ~ ~ ~' C~. ..~L_-#_~~ CITY CLERK ~ I I I Attachment to City Council Minutes of September15, 1994 CITY OF AMMON CITY COUNCIL,MEETING September 15, 1994 TO: AMMON City Council FROM: Jerry Mitchell RE: Comments and Observations on Status of City Government Because my comments today will tend to reflect a critical commentary on our current city governmentt I would like to note at the outset my respect for the members of the Ammon City Council and gratitude for their service. Over the past several years there appears to be an attitude on the part of the City Council that should be disturbing to the residence of Ammon. An example of this attitude is our planning and zoning process. Within my neighborhood a residence was denied a building permit by the planning and zoning committee for an out-building because it was not located within the set back provisions as set forth in the City code. Even though City code provides for a variance from these set-back provisions where a hardship existst the City council chose to disregard the recommendations of it's own planning and zoning commission and grant a variance and a building permit. I think the Council will be hard pressed to find their justification in City code. Now there appears to be a pattern developing with this type thinking. Another resident has come to the City Council making a very similar request and again planning and zoning has determined that there is no basis for granting a variance under the code and again the Council has set aside the recommendations of their own planning and zoning committee and granted a variance. Because the City has set a pattern of ignoring its own laws and regulations in these areas it should not be surprising when a resident comes to the City and demands the City allow a use in clear violation of code. How can the city now enforce what it has as a demonstrated policy not enforced. I believe we have at least one situation of this type right now. Another item the City has been made aware of and appears to be inconsistent with City code is the operation of a home schOOl/day care business in a residential area. City code specifically prohibits this in the zone in which it exists. Even though the City has been made aware of this violation the City has failed to act. There is an additional danger here that may have been overlooked. Because this home operates the school in the basement and there are no fire exits, the City could not stand blameless should a child loose it's life in a fire. There exists a dog kennel in my neighborhood that houses over 30 dogs which is in clear violation of City ordinance. No number of signature~ on petitions can permit such an operation in this residential area. The existence of this kennel is complicated by the desire of I I I neighbors that do not want to offend their neighbors by refusing to sign a petition or appear at odds with the kennel owners. It is the Cities responsibility to enforce all city ordinances and to grant a variance where an ordinance presents a clear hardship on the homeowner. The City should not pit one neighbor against another by requiring a neighbor to bring action when it is clearly the City's responsibility to prohibit or restrict such violations. There is additional damage being done by this pattern of making any reason the council deems acceptable to them a reason to bypass or ignore the code. Anyone buying a home or living in an area that provides specific legal protections in the form of zoning ordinances has the right to rely upon those zoning provisions to protect them from the dilatory effects of unsightly or inappropriate building not allowed by the zone in which they live. When building codes are not enforced and illegal building or inappropriate use takes place, the net effect is a general devaluation of properties that would otherwise enjoy protection from such violations. These violations can come in the form of people who build or make illegal use of their land without benefit of obtaining a proper building permit or legal variance and subsequent proper inspection, or when a city council arbitrarily sets aside its own building code and city ordinances. It is my desire that the Ammon City Council take the courageous and proper position that as long as an ordinance in on the books it must be enforced as a protection of its citizens property and personal rights. Where an ordinance needs to be changed there is a provision for making those changes that involves the input of those citizens effected.