Council Minutes 9/12/2006 (158)
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CITY OF AMMON
October 6, 1994
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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.
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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.
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"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.
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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:
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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
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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
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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
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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.
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ATTEST
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CITY CLERK {