Council Minutes 9/12/2006 (184)
206
March 16, 1989
April 6, 1989
responses--six expressed interest, six were not interested, and one late response
was not interested. Those interested were Forsgren Associates of Rexburg, Harper
Leavitt Engineering of Blackfoot, J-U-B Engineers of Twin Falls, Chronic and
Associates of Boise, Bell-Walker Engineers of Boise, and B1ake1y-Butur1a of
Caldwell. Six firms are manageable to solicit proposals. Councilman Williamson
moved, as a consultant selection committee, to accept the six firms that
expressed interest and to move into the next step to seek actual proposals. The
motion was seconded by Councilman Browning. Roll call vote: Williamson - Yes;
Browning - Yes; Nethercott - Yes; Maeser - Yes. The motion carried unanimously.
The Council was invited to review the Statements of Interest on file in the City
Office.
Business licenses were discussed. The Council interpreted the business I
regulations to mean all businesses, including home occupations, pay an annual
license fee. At the present, every business and home occupation is not complying
with this interpretation, but the City Office should continue to work toward
compliance.
The State Tax Commission sent a letter to review the sales tax requirements for
the City. Generally a municipality is tax exempt. However, new laws require
tax on recreation program fees and on the dumpster rental portion of the
Sanitation Department collection fees.
A letter has been received from C. A. R. T. They are requesting $6,000 from the
City of Ammon to help their new program, and they desire to come to a Council
Meeting to discuss their plans.
Regarding the problem with Skidmore Construction on the fire supression system,
our legal counsel has advised that the Ammon Fire Marshal issues a written order
and then Skidmore has thirty days to appeal. Council members should visit
Skidmore Construction if they have not already done so.
Mayor Ard and Councilman Browning attended an information meeting of Utah Power
and Light Company. During the discussion, it was noted the City of Idaho Falls
is going after a malt plant. The malt plant would generate 1.6 million gallons
of sewage per month. This is a demand that the City of Ammon needs to be aware
of. If Ammon is interested in a golf course, the Mayor knows an individual out I
of Salt Lake City who can supply information. The social for City Officials is
planned for Saturday, April 1, at Williamson's. Claims were approved.
Councilman Williamson moved that the meeting be adjourned. The motion was
seconded by Councilman Browning. The meetlng was adjourned at 9 00 P.M.
~~
ATTEST
~ c: !)~J
CITY CLERK &/
CITY OF AMMON
April 6, 1989
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
Councilman Michael B. Browning
Councilman Greg J. Maeser
Councilman Monty Nethercott
Councilman Robert D. Williamson
Attorney W. Joe Anderson
Engineer David E. Benton
Public Works Director Tye N. Tomchak
Planning & Zoning Rep. Denise Heaton
City Clerk Aleen C. Jensen
I
Others present were:
Jay and Carole E11ingford, 2930 Teton Street, Ammon
Henry S. and Betty Crumb, 2270 Curlew Drive, Ammon
Lori and Brett Kraykovic, 2910 Teton Street, Ammon
Mary and Randy Flegel, 2855 Teton Street, Ammon
Russell Owen, 2940 Teton Street, Ammon
Earl and Linda Cleverly, 2830 Teton Street, Ammon
Don Thorp, Executive Director of C.A.R.T.
Charles C. Just, Vice President of Board of Directors of C.A.R.T.
Mary Lynn Hartwell, President of Board of Directors of C.A.R.T.
Shawn and Susan Garbett, 2290 Dove Drive, Ammon
Linda Murdock, 3135 Meadow Lane, Ammon
Susie Sweet, 2265 Dove Drive, Ammon
I
I
I
Book 7-207
April 6, 1989
Ryan Decker, 2110 Sabin Drive (Scout)
Lance, Jeremy (Scout), and Brandon (Scout) Miner, 3280 Southwick Lane, Ammon
Ken and Sandy Hunter, 2270 Dove Drive, Ammon
Ed Wright, 1905 Eagle Drive, Ammon
Debra Clapp, 2210 Dove Drive, Ammon
The pledge of allegiance to the flag was directed by Councilman Williamson, and
the invocation was offered by Councilman Nethercott.
Mayor Ard opened the Public Hearing on the request of Jay and Carole Ellingford,
2930 Teton Street, for a front yard variance. Jay Ellingford, Carole Ellingford,
Tye Tomchak, and Denise Heaton were sworn in to give testimony. Mr. Ellingford
explained that they propose to enlarge their living room by adding eight (8) feet
on the front of their house. This would make the front yard setback twenty-six
feet six inches (26'6") instead of the thirty feet (30') required in an R-l zone.
Denise Heaton reported that the Planning and Zoning Commission recommended
approval of the variance. Public Works Director/Zoning Administrator Tye Tomchak
explained that the recommendation of the Planning and Zoning Commission was based
on City Code Section 11-5-19 which reads: "Where lots comprising 40% or more of
the frontage of any block on any street are structurally developed, no building
hereafter erected or structurally altered in said block shall project beyond the
average front yard setback so established." The Ellingford' s addition of eight
feet (8') would be within the established average front setback. Elwood Weidauer,
2920 Teton Street, telephoned the City Office prior to the Hearing to state he
did notobject to the variance. No other interested parties expressed an opinion
for or against. The Public Hearing was closed.
Councilman Williamson moved to grant a front yard variance to Jay and Carole
Ellingford, 2930 Teton Street, for the proposed extension to his house. The
motion was seconded by Councilman Browning. Roll call vote: Williamson - Yes;
Browning - Yes; Nethercott - Yes; Maeser - Yes. The motion carried unanimously.
Mary Lynn Hartwell, President of the Board of Directors; Charles C. Just, Vice
President of the Board of Directors; and Don Thorp, Executive Director of
Community and Rural Transportation, Inc. (CART) discussed the potential change
in federal funding for the system with the 1990 census analysis and the inevitable
urbanization of the Idaho Falls area. A change in designation described as "non-
urban" (Section 18) to "urbanized" (Section 9) requires the local community to
make a financial commitment to public transportation before federal funds will
be granted to CART. Therefore, CART requests support in relation to the
percentage of ridership origin. Ammon's share amounts to 8% or $6,000. Questions
were answered concerning present service, potential service, the transit
authority, the need to be prepared should a change in funding occur, and the
possibility of forming a taxing district. No commitment was made, but the Council
agreed to consider the CART request when the 1990 budget is prepared.
Neighbors of the Ronald Labrum family, 2295 Dove Drive, presented a petition
signed by residents within a block requesting the City Council to take action
about the pit bull problem in their neighborhood. Two pit bulls owned by Labrums
have been destroyed, and there is still a potential problem because Lab rums
threaten to get a third and meaner pit bull. Two children have been bitten by
Labrum's pit bull, and the neighborhood is terrorized by this dog problem.
Councilman Maeser discussed Ammon's present dog ordinance and the possibility of
adopting a vicious dog ordinance. Various neighbors stated that the problem at
Labrums. is not only with dogs, but also with the family. Numerous complaints were
expressed. Labrums keep more than two dogs, they do not obey the laws, they do
not respect the rights of others, they race up and down the street in their cars,
they fight in the street, they use loud and foul language, and they maintain their
property in an unsanitary condition. The Council agreed: (1) Councilman Maeser
assisted by Attorney Anderson will work on adopting a vicious dog ordinance, (2)
The new Animal Control officer will be assigned to enforce the existing laws, and
(3) Att!orney Anderson will research avenues to alleviate the nuisance complaint.
Browning moved to approve the City Council minutes of March 2 and March
as written. The motion was seconded by Councilman Nethercott. Roll
call vo e: Browning - Yes; Nethercott - Yes; Williamson - Yes; Maeser - Yes. The
motion arried unanimously.
!
Council an Williamson reported on the status of the FmHA Discount Purchase Program
through Idaho First National Bank (West One). The ordinances necessary to close
the ref nding will be ready for presentation at City Council Meeting on April 20,
1989.
!
council~an Browning moved to amend the Cable Television franchise agreement to
reflect! the change in ownership and the name change. The motion was seconded by
Council,an Maeser. Roll call vote: Browning - Yes; Maeser - Yes; Nethercott -
Yes; Wifliamson - Yes. The motion carried unanimously.
208
April 6, 1989
Councilman Williamson moved to set April 20, 1989, at 7:30 P.M. as a hearing date
for Skidmore Construction Company, 3445 Maiben Avenue, appeal of the fire
suppression system. The motion was seconded by Councilman Browning. Roll call
vote: Williamson - Yes; Browning - Yes; Nethercott - Yes; Maeser - Yes. The
motion carried unanimously. Skidmore's building permit was issued using the 1985
Uniform Building Code, and the citation on the fire suppression system was based
on the 1985 Uniform Fire Code.
Regarding the amendments to the ordinance on the sale of wine and beer, further
study by the Council is needed. Also, the Council may request public input
before making any decision regarding a change.
Attorney Anderson expressed his opinion about the letter from the City of Idaho I
Falls to Mr. and Mrs. Kenneth Slusser who propose to develop the property at the
northeast corner of Hitt Road and 17th Street intersection. The letter states
the City of Idaho Falls has not approved the plat as required in Idaho Code
Section 50-1306, and until the plat is approved, the City of Idaho Falls will
not permit access to Hitt Road. Our legal counsel discussed the issue with legal
counsel for the City of Idaho Falls. The City of Ammon is the controlling
jurisdiction of the property, but because the City of Idaho Falls is within one
mile, they have the right of plat review for specific purposes. They cannot
restrict access, but they can restrict location of access. The problem appears
to be one of interpretation. Councilman Williamson recommended that the Planning
and Zoning Commission develop some plans for the property located along the east
side of Hitt Road from 17th Street to First Street.
Denise Heaton reported on the following activities of the Planning and Zoning
Commission: (1) Ellingford variance, (2) Preliminary Plat of Smith Addition,
(3) Subdivision of Melvin Richardson property, (4) First Amended Plat of
Mountain View Addition Division No. 2 of Bonneville County, and (5) Subdivision
of Beryl walker property on Ross Avenue.
The Preliminary Plat of Smith Addition was reviewed by the Planning and Zoning
Commission on April 4, 1989, and they recommended approval. The fire hydrants
and the water lines will be included with the development drawings. Engineer
Benton suggested that the final design include platting of all of the Smith's
property and not exclude the property around his home. Also, to insure adequate
pressure for all lots in the subdivision, the City should plan and request an I
easement for a water line to tie into the 12" water line on Ammon Road. Council-
man Williamson moved to accept the Preliminary Plat for the Smith Addition.
Counciman Browning seconded the motion. Roll call vote: Williamson - Yes; Browning ~
Yes; Nethercott - Yes; Maeser - Yes. The motion carried unanimously.
Melvin Richardson, 3725 Brookfield Lane, wants to sell a building lot off his
property. There is a problem with both lots having a 100' frontage because of
the placement of Richardson's house and circular driveway. The Planning and
Zoning Commission requested Richardsons to prepare a detailed plot plan and
present it at their May meeting.
Bonneville County requested the City of Ammon review the First Amended Plat of
the Mountain View Addition Division No.2 because it is within Ammon's impact
area. Councilman Williamson moved, based upon the Planning and Zoning
Commission's recommendation, to authorize the Mayor to write a letter approving
the First Amended Plat of Mountain View Addition Division No.2. The motion was
seconded by Councilman Browning. Roll call vote: Williamson - Yes; Browning -
Yes; Maeser - Yes; Nethercott - Yes. The motion carried unanimously.
Beryl Walker, 3460 Ross Avenue, is considering plans to divide his property so
his son can build on a lot off the proposed Nina Street. Walker is interested
in what is the minimum platting and development acceptable to the City. The
Planning and Zoning Commission advised Walker to prepare detailed plans and to
submit them.
I
Councilman Browning and Public Works Director Tomchak presented an evaluation
of the City's street sweeper and a proposal of Arrowhead Machinery. Under a
lease-purchase agreement and a trade off with Bonneville County Road and
Engineering for the City of Ammon to sweep the County's curb and gutter streets
in exchange for the County repairing Ammon streets, it is possible for Ammon to
obtain a new sweeper. The Council was asked to study the information presented
and to prepare to make a decision at a later meeting.
There have been problems with the street drains. The drain at Rawson and Hillam
Streets empties directly by gravity into the irrigation canal. It always ices
up and does not drain about twenty feet off the intersection of Western Avenue
and Rawson Street. Consequently, a small lake results. Also, the French drain
at 3135 Ross has not worked for years, and the water backs up and runs into the
sewer manholes. Both of these areas are scheduled for patch & chip seal this
o
'Attachment to Minutes of April 6, 1989
Book No. 7
We, the ~ndersigned citizens of Ammon, Idaho, are concerned about a very serious
pro~lem ln Ammon with pit bull dogs. We request that the city council pass
ordlnances to prevent residents from keeping pit bulls in the city limits:
Name
Address
Phone
I'..' 1 'fY)~~~ ~ d..~5~ \rlOYD 5~Q~ ~~=s,
. 2;6.v..f' <;-~ rJ:7 ~';J3t7 7J;... S~3-7f1t'9
3' ;;e:.. ~ .:29/0 ~ ~3---;.~'?L,
4 ~ ~,_, ,;).9/0 T~ 5.>l.3-8S3?
5 ~~ ;Lq4!() 7~ r,.JJ-L('7.K-~
: ~~.smJ 1ffO ~ ;~=17=;
8 " ~.m'U :;J>9iJti-h0 ~)q/g7U3
910 lf~ ~~~^;:~'o'~ ~~:OO ~ ~,;L9- 3.:2/1
~ \ ex 1)./' I~ ,58.9- 50'Z...l-'~
11 9l/MMl ;!jMivff cX~?6 ~ 51'-/- L.(2Z(
., /"1'. -~:cf;: ~ - :::;~~-~~:~:~;~~-~
. r ,
14. . ZZcgS ~ 5L3-1bl/
15 ~~ ~ c:;,;;'75' ~ ...5~:;..-t,S-1 7
16 ~ 2.. .;J..?~' ~~J(.Ll3kJ .:J~::L t.~ /i"
1 7 YI MlW<- t.apL-- ~(j ~ j),. ..5"~d--.tJ 7'7!f
~~ ~f4, t;~L -5~1\
19 tl$d ~ f). ~~3- ~~
2 0 ;<~7o tlVR LE It) tJt'. -.J-;l3/ ;Z 3 ~
21 ~aJ 22:60 CPVE ?R.. S-ZY-06.3 7 .
22 ;Z;~b;- ~'.1~~ 226~ Cbv€P,e: >2cf-ob37.
23#... ~. .....-;tJr.....~..'1!J .--'-- . _.~.....,r.A.../j.._..._.
--'-'C./. -- -.-",.,...,;..u- ~.. -.. .. <:::,.7J ~.--%.3015,...P..,/z=---;:
I r , ,0 ,l, J, '. .." 11 - --,::>'61-3 -0535
~ f2-Y~~ ~k :f',2:<'b.Jy(C/
~fi2t4 cP~ ~Cr. .~3--9Y3?
=~D~.~~~:~
dd-70 ~~ tyr ~(j--67d-.;t-
,;,.....--....
18
27
2
"':"..0'..,'...',;.,'..... :..'i"~., iP'J.',.;-~.~1-...."'-.-~;.I!.~,;,
~;tc~c:~.~-~ h.~~_....-,W;t?t_.i:;;fi'r~Mil- LIlli
I
I
I
Book 7-209
April 6, 1989
April 20, 1989
year. The problems should be resolved before the street work is started.
Engineer Benton advised that the French drain may need to be replaced since they
usually last only about twenty years. Some elevation readings have been taken
on the Rawson and Hillam Streets drain. This drain needs to be thoroughly cleaned
out preferably by the City of Idaho Falls' sewer flush truck. Additional study
will be completed and a report made at the next meeting.
Reports: Public Works Director Tomchak reported that delivery date on the new
garbage truck should be approximately June 15. Junk car owners are being notified
to clean up their premises. Farrell Adamson, 3250 Rawson Street, has been a long
time offender who has surrounded his property with a junk yard. The neighbors
and the City have been after him to clean up for years, and now that his property
is listed for sale, a new owner should not be permitted to continue with all of
the junk cars. Clarence Nelson has been hired to work in the parks. He needs
a physical exam at the completion of his probationary period before he is changed
to permanent status. Well No.5 is out of order waiting for parts. Well No.3
is scheduled for repair, and the neighbors are concerned about equipment going
in to work on the well. Entry will be accomplished through the easement as
carefully as possible.
Attorney Anderson presented a question for the Council's consideration. The
individual planning to develop the property north of Valley Bank on the east side
of Falcon Drive proposes to enter from Falcon Drive in the center of his property
with a public street and to use a private easement of twenty-five feet to get out
to 17th Street if needed. He is requesting the access street from Falcon Drive
be the minimum fifty feet street width, but he wants the City to assure him that
he can use both sides of the street for angle parking so that he will have
adequate parking for his facility. The Council did not see any problem with the
proposal.
Councilman Williamson reported on the status of Ammon Road. Claims for expendi-
tures were approved.
Councilman Williamson moved to approve renewal licenses for 1989 for a retail
grocery store and retail sale of beer to Stokes Food Center. The motion was
seconded by Councilman Browning. Roll call vote: Williamson - Yes; Browning -
Yes; Maeser - Yes; Nethercott - Yes. The motion carried unanimously.
Mayor Ard proclaimed Human Rights Week for April 17 through April 23, 1989.
Councilman Williamson moved to adj ourn the meeting. The motion
Councilman Browning. The meeting was adjourned at 10:00 P.M.
a--JD
aL~~J (I- /~~7-L~~',/
CITY CLERK t/
was seconded by
ATTEST
CITY OF AMMON
April 20, 1989
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 Michael B. Browning
Councilman Greg J. Maeser
Councilman Monty A. Nethercott
City
at 7:30 P.M. by Mayor C. Bruce Ard with the fol-
Attorney Scott R. Hall
Engineer David E. Benton
Public Works Director Tye N. Tomchak
Fire Chief Henry S. Crumb
Clerk Aleen C. Jensen
Others present:
Jonathan Manwaring, Boy Scout Troop 335
Ryan McArthur, Boy Scout Troop 335
Gaven Johnson, Boy Scout Troop 335
John Van Dyck, Boy Scout Troop 335
Ben Attebury, Boy Scout Troop 335
Blair Garner, 1955 Heather Lane, Leader of Boy Scout Troop 335
Mala Lyon, 3090 Ross Avenue, Ammon
Robert E. Hildeman, West One Bank, Boise, Idaho
Absent: Councilman Robert D. Williamson and Attorney W. Joe Anderson
The pledge of allegiance to the flag was directed by Mayor Ard, and the invocation