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Council Minutes 9/12/2006 (202) 248 November 30, 1989 December 7, 1989 4. How have you handled storm drainage outlets on previous projects where there is no storm drain existing? 5. What are the critical factors you see in determining a grade along this section? 6. An agreement was submitted with request for report but no corres- pondence if this is acceptable. Explain. 7. How often do you believe it is necessary that a design team be on the project? Forsgren Associates P.A. 350 North 200 East Rexburg, Idaho 83440 Representatives: Clayter Forsgren Vance B. Forsgren Winston R. Dyer I The following firms were interviewed: Bell-Walker Engineers, Inc. 827 LaCassia Drive Boise, Idaho 83705 Representatives: Gilbert C. Walker J-U-B Engineers, Inc. 800 Falls Avenue Twin Falls, Idaho 83301 Represenstatives: Jim Leichliter Garth Cunningham Daryl Kofoed Harper-Leavitt Engineering, Inc. Representative: P. O. Box 866 Blackfoot, Idaho 83221-866 John J. Harper Chronic & Associates Representatives: 707 North 27th Boise, Idaho 83702 James M.Rees Bill M. Chronic The Consultant Selection Committee was established by motion of the City Council on January 19, 1989. The Mayor was not designated as a member of the committee but was designated as the authorizing official. Following to begin Proj ecL to notify the other the interviews, the committee unanimously selected Forsgren Associates negotiations on a agreement to be the consultant for the Ammon Road Chronic and Associates was the second choice. Mayor Ard was authorized Forsgrens that they had been selected and to send thank you letters to four firms. I The meeting was adjourned. ATTEST: af!.u-.~ (JQ1WU~J CITY CLERK !/ ~jiC) MAY~' CITY OF AMMON December 7, 1989 Minutes of the Public Hearing and Regular Meeting of the Mayor and City Council: Engineer David E. Benton Acting Pub. Wks. Dir. David Wadsworth P & Z Chairman Ira Kimball Hall Fire Chief Cal L. Smith City Clerk Aleen C. Jensen I The meeting was called to order lowing City Officials present: Mayor C. Bruce Ard Councilman Michael B. Browning Councilman Harvey L. Crandall Councilman Greg J. Maeser Attorney W. Joe Anderson at 7:30 P.M. by Mayor C. Bruce Ard with the fol- Others present were: Councilman-Elect Marvin J. Anderson, 2955 Central Avenue, Ammon Larry R. Fullmer, 3380 Rich Lane, Ammon Gerald and Donna Cheney, 3225 Central Avenue, Ammon Hayse L. and Virginia L. Whiteley, 3200 Midway Avenue, Ammon Merle Quigley, 2905 Western Avenue, Ammon Paul Curtis, 3140 Rawson Street, Ammon I I I Book 7-249 December 7, 1989 Rex and Ileen Purcell, 3415 Molen Street, Ammon Kay and MarJean Reiman, 3155 Rawson Street, Ammon Melvin and Donna Rosen, 2985 Meadow Lane, Ammon Stanley W. and JoAnn Cramer, 3040 South Ammon Road, Ammon ElDean L. Milligan, 3260 Romrell Lane, Ammon Glenn R. and Sharlene Blatter, 3240 Molen Street, Ammon Ralph and Edna Cunningham, 3285 Molen Street, Ammon Gene E. Birch, 2995 Central Avenue, Ammon Carolyn Patterson, 3110 Molen Street, Ammon Nolan and Joanne Jorgensen, 3360 East Sunnyside Road, Ammon David Sommer, 2990 Romrell Lane, Ammon Merle and Mary D. Smith, 3200 Rawson Street, Ammon Guila Olsen, 3210 East Sunnyside Road, Ammon Almon and Valeria Brown, 3155 Central Avenue, Ammon Fenton H. Tyler, 3235 Rawson Street, Ammon Brett Manwaring, 1990 Sunflower Circle, Ammon Larry and Susan Cleveland, 3195 Meadow Lane, Ammon Dan and Lawrene Freckleton, 3165 East Sunnyside Road, Ammon David F. and Sheila Hess, 3220 Meadow Lane, Ammon Robert N. and Patty Marshall, 3245 Midway, Ammon Jan Wirkus Ann Fisher The pledge of allegiance to the flag was directed by Councilman Browning, and the invocation was offered by Councilman Crandall. Mayor Ard opened the Public Hearing of the City Council acting as the Board of Adjustments on the request for a Special Use Permit to make improvements to a non- conforming residential use by Kay and MarJean Reiman, 3155 Rawson Street. All those present who desired to present testimony during the hearing were asked to stand, and they were sworn in as a group. Kay Reiman, asked that Rex Purcell be the spokesman for the Reimans. Rex Purcell, 3415 Molen: "For the benefit of all those assembled here, residents of the community and the City Council acting in the capacity of a Board of Adjust- ments, I would like to provide a brief review of the issue under consideration tonight and the actions thus far taken. "Under date of November 16, 1989, Kay M. Reiman and spouse, residing at 3155 Rawson Street, filed an application for a Special Use Permit with the City of Ammon. That application, together with relevant information, was reviewed by the Planning and Zoning Commission on December 5, 1989, and by a vote of 8 to 1 recommended denial of their application. The denial was based on a single part of the codes and ordinances of the City of Ammon which state that an existing facility or structure, this being a 10' x 55' mobile home, which is currently in non-conformance to existing codes cannot be enlarged or altered or otherwise changed by additional square footage which would still be in non-conformance to the codes. I would ask the Clerk to please cite this specific code for the benefit of all here. (The City Clerk read from the City Code book sections 11- 3-3 and 11-3-7.) The Planning and Zoning Commission states that they are required by law to recommend denial if a single departure of the code can be identified, not withstanding any personal feeling they may have favorable to the application. Therefore, there are four options which can be taken by the applicants: (1) They can continue to live in their house as is. (2) They can remove the existing structure and build a new house which would not be in violation of the code. (3) They can move. (4) They can petition the City Council for approval of a variance to this code. "The first Commision. three options have been identified by the Planning and Zoning That leaves only the fourth option, which is why we are here tonight. "The application for a 'Special Use Permit' identifies major evaluation factors (9 in all) which shall be reviewed, and find that adequate evidence exists that such use at the proposed location: 1. Will, in fact, constitute a special use as established on the Official Schedule of District Regulations for the Zoning District involved; 2. Will be harmonious with and in accordance with the general objectives or with any specific objective of the Comprehensive Plan and/or the Zoning Ordinance; 3. Will be designed, constructed, operated and maintained to be harmon- ious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; 250 December 7, 1989 4. Will not be hazardous or disturbing to existing or future neighbor- ing uses; 5. Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage struc- ture, refuse disposal, water and sewer and schools; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services; 6. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; 7. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, I property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odor; 8. Will have vehicular approaches to the property which shall be so de- signed as not to create an interference with traffic on surrounding public thoroughfares; and 9. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. "Without addressing each of the evaluation factors in sequence, I would prefer to do so in a more narrative form. "The existing facility consists of a single-wide mobile home, 10' x 55', this constituting the living quarters, with an attached room utilized for beautician work and an attached garage. "This application contains no changes to the existing facility excepting portions of available land on the east will be converted to enlarged living space through the replacement of the existing 10' x 55' mobile-horne-type structure with a 24' x 60' manufactured home to be placed on a permanent concrete foundation (under- carriage and wheels to be removed). Additionally, a rock facing will be installed (believed to not exceed two feet in height) from ground level around the entire structure, and a gable-type roof installed over the entire structure to enhance and give additional function, beautification and character to the home. It is recognized that the changes proposed will require additional space, and the finished facility will still not be in compliance with current Ammon City I ordinances and codes. This single deficiency, identified previously, however, does not represent a compromise of the general and specific objectives, including reasonable health and safety considerations and the desire on the part of the City of Ammon and all property owners to upgrade the appearance and livability of all its residences. The changes and proposed use will in NO way be detrimental to the welfare of the community. "All changes proposed will in no way obligate the City of Ammon to additional costs regarding water, electrical, se~age, waste disposal or other utility considerations. All changes proposed will not only increase the value and appearance of this property but will increase the desirability, value, appearance and salability of all adjacent properties. "All adjacent property owners have already signified in writing their favorable attitude to this proposed upgrade and, with few exceptions, there has been an overwhelming endorsement by all people we have talked with. There is adequate land space available so as to not violate required structure-to-property-line requirements. "We petition this Board (and City Counci:l) to judge this application on the basis of its positive merits, not only to the occupants, but to the entire City of Ammon, and to issue approval of the required permits so that work can be commenced as soon as practical." Councilman Maeser stated the concern is whether it is harmonious with the zoning ordinances and asked why a Special Use Permit. Mr. Purcell stated basically the problem is the City does not allow mobile homesin a residential zone. Councilman Maeser noted that the residents are r~questing the Council to act illegally. Attorney Anderson confirmed that the reqpest is opposed to the ordinances and to specifically grant a variance in opposit'~on would subj ect the Council to possible adverse decisions in a court situation. 1 i : Councilman Browning discussed mobile ho~s and/or manufactured houses meeting the building codes, changing the use by efpanding the square footage, protecting property values, and changing standards.1 I David Sommer, 2990 Romrell Lane: If ~he neighbors don't have a problem with Reiman's proposal, and if they don't fe~l their property is going to be devalued, I don't understand how it is hurting th, rest of the City. People live in Ammon : : I I i I I I because it is affordable. We have tries to improve their life that especially if the neighbors within you to do it. Book 7-251 December 7, 1989 the law, but I find it strange when a person there is so much obj ection thrown at them, a 300' radius all say go ahead, do it, we want Hayse L. Whiteley, 3200 Midway Avenue, discussed pre-built homes, package homes, manufactured homes, move-ons and the building codes and building inspections. There is a need for the Planning & Zoning Commission to be up-to-date on requirements. The City of Ammon had a lot of pride at one time, and it still has pride, and you people stand here and say 'we can't allow this because it is non- conforming.' Well, someday forget that you've got a job to go to and drive around the City of Ammon and see how many places conform. I dislike to get intense about anything, but I think, if you turn this down, you are going to do yourself more detriment than you ever did in your life. Here you have people who need desperately to get into a better building. They can go buy someplace else and put a manufactured home on it without any problem, but they own the lot and everything they have is wrapped up in it. You have set precedence before, and if necessary I can quote them, to enlarge and move manufactured homes in and they are beautiful homes. There is nothing wrong with them, and they added to the beauty. The criteria is what you make it. You can read the law and then you can do it by the spirit of the law. Just because you read the law doesn't make it perfect. Mayor Ard asked Brett Manwaring to get him information on the difference between the HUD Code and the Uniform Building Code. There wasn't sufficient time to study the information, but the major difference noted by the Mayor was in the wiring. The UBC requires a 100 amp service. Brett Manwaring stated HUD requires a minimum 100 amp service. Dif f erence in the codes was discussed. Manwaring explained there is little difference in the codes and one appears to be as good as the other. Stanley W. legalities. the law. Cramer, 3040 South Ammon Road, asked for clarification of the He stated a Council passed the law, and a Council can change or vary Councilman Browning stated he does not know everything there is to know about a trailer home, he does not know everything there is to know about a Boise-Cascade move-on home. They are just different. They are not rated the same. They do not come with the same guarantee to the City of Ammon that they meet the criteria as set down in the Planning and Zoning ordinances. He praised the Planning and Zoning Commission and stated the City of Ammon has never had a better prepared and functioning Commission. Mr. Cramer continued, "Never-the-less they are not the only source of wisdom, and you would be wise to listen. It appears to me, that under the present situation, we are locked in to planned obsolescence. There are a number of mobile homes existing here in Ammon under the 'grandfather clause' and under the law they cannot be improved." Virginia L. Whiteley, 3200 Midway: You are sitting there and I'm picking up that you are proud of the fact that this Board is so staunch and so firm about their commitments to the City that they are not going to give into the fact that there is a human need. I can't help but feel that an elected official of any City has to be flexible. They want to upgrade the home they are living in, and nobody should keep anybody from improving their property. I think you are just 'nit picking' that you have never done it. Well, it has been done in the City of Ammon. Who is to say that our neighbors can't improve their property? Glenn Blatter, 3240 Molen: I've probably lived in Ammon about as long as almost anyone here. I see nothing wrong with upgrading property. I don't know that there is enough difference in the code, and the code is an arbitrary thing. As long as it meets the standards of safety and health, there could be a hundred different codes that still meet that, and we are picking at one particular code. We are upgrading the property, we are upgrading the old part of Ammon, it is making it better, it is making it more compatible for everyone, and I see nothing wrong with it. I'd much rather live next door to a mobile home than the City Building. Merle Quigley, 2905 Western: I used to live next door to the Reiman property. I feel like, in the first place, if you are going to turn it down on the basis it doesn't match code, then somebody better inspect the house in question and make point by point where it does not meet code, and that is the City's responsibility. Secondly, if you are going to assume the situation that nobody can upgrade their property then what your are going to do is turn the old part of Ammon into a slum. There is nothing we can do to our property, but let it go down hill, and, I think, you'd better look at it very carefully because we want to improve Ammon. We do 252 December 7, 1989 not want it to go down hill. I'm sitting on a house over there, if it was in Rose Nielsen, it would appraise for over $ 00,000 but right now I could get an appraisal of $65,000. My idea, let's let the area improve what it can. A mobile home is setting on the lot under a 'gr ndfather clause'. Why not allow it to upgrade so it improves the whole neighborh od. Ann Fisher: What would happen if a gra otherwise destroyed? If they could not would they have to sell their property? restore to the existing structure in case Brett Manwaring: There are ten to fiftee would seem that by ordinance you could mobile home to be replaced with another n the HUD Code, which is since 1976. Other if they have a minimum square footage or t type roof or sturdy type siding. Or you conforming uses to be granted to change they aren't allowed to replace, they wi What you are saying is either stay the s pullout the mobile home and build a UBC to do it because you'll get sued isn't Adjustments? dfathered structure burned down or was fford to rebuild to the UBC standards, Councilman Crandall replied they could f a natural disaster. single wide mobile homes in Ammon. It llow any non-conforming use such as a n-conforming use if it did in fact meet cities have set up certain requirements ey are constructed similar to a shingle could by variance allow all those non- hat non-conforming use for another. If 1 go somewhere else where it is legal. me or come up with a bunch of money to pproved house. To say you aren't going Ia good platform. Why have a Board of I ! I Jan Wirkus: I see Ammon as it is and you are not improving it. If you improved it, it would be a more attracti e thing. They are improving. They are not decreasing. They are not going to p t an old shanty shack in place of what they have. They are trying to improve i. If I was an outsider coming in, I'd much rather see a mobile home go in than t e existing one you won't let the people improve on. If I were moving to Ammon, I' like to see something nicer. Gerald Cheney, 3225 Central Avenue: You ade the comment that the reason houses are not selling out here is because of he area of Ammon. The reason they are not selling is because of School District No. 93 with high school taxes and Utah Power and Light. But, I like to live he e. If I lived next door to the Reimans and if they were upgrading their place, I'd say go to it because they are trying to improve what they have. We are all in the same situtation. We'd like to I improve what we have. All kinds of home businesses have been allowed in Ammon, and they continue to spring up. Paul Curtis, 3140 Rawson Street: I'm for improvements. Sometime ago a variance was granted to the house next door to me 0 build a garage that was closer to the property line than it should have been. he neighbors all signed that they were in favor or it, and that has improved t e value of that house. There were no problems over it, and the neighbors all agreed. I lived where I now live when the Reiman's trailer was put on the prop rty, and I agree with the Council that now it couldn't be moved there and it sh uldn't have been at that time. But it was and now they want to improve it and ake it better. I'm all for it. I hope the City Council will grant them permissio . Ileen Purcell, 3415 Molen Street: I live Ammon which is just across the street fro to say that I live close to that home. kept, and they are delightful people that in one of the more expensive houses in a double wide mobile home. I'm proud t is a benefit to the area, it is well i ve in it. Carolyn Patterson, 3110 Molen Street: I d like to say that I don't agree with everything you've said tonight. There ar houses across town that have sit empty for years in very nice neighborhoods, the haven't sold, and they have gone down in value. So this is nothing unique to mmon. I think the whole issue is you guys are in your position to serve us a Ammonites. I think all of us are in Ammon because we like Ammon basically Ii e it is. There is not one of us that I doesn't want to see it improved and to ave things just a little nicer, but I don't think we want everything perfect an everything great immediately. We have to take things one step at a time. I th nk the terminology is playinga trick on us because if this home they are getting as brought in on a flatbed instead of wheels, would it pass code? Who is the nspector? Why don't we have this home inspected to see if it passes? For one ittle technicality that we are not sure is there or not, that this home does ot pass, does not meet some sort of qualification, we are denying MarJean an Kay a better home--something that is definitely an improvement to the street, omething they are going to be proud of, something they can be happy with. I th nk your job is to serve the people of Ammon, and I think as people of Ammon, thi is what we want? Rex Purcell and Councilman Browning dis! making fair decisions. Councilman Browni new home, we are not denying them a large, ussed making emotional decisions and g concluded we are not denying them a home, we are denying them a home that I I I does not meet the requirements of the zone. Book 7-253 December 7, 1989 Melvin Rosen, 2985 Meadow Lane: I live in a double wiqe situated in the middle of Boise-Cascade homes and prefabricated homes, and noboby can tell me they are built any better than mine. Mine looks as good as theirs. I've had people tell me that they wanted to move to Ammon, but they are not because of the strict codes and they can't build a home like they want. They do not want to come to Ammon and build something that just meets the code. Discussion followed on codes, conforming to codes, grandfather clauses, and requirements of the City ordinances. Attorney Anderson offered interpretations. David Hess, 3220 Meadow Lane, referred to the granaries permitted on the property at 3205 Central Avenue and asked about the 'grandfather clause' and Special Use Permits. He questioned the difference between adding a granary and improving a mobile home. David Sommer stated the Council is concerned with getting sued. He asked what is needed to amend the code so some of the property can be improved. I don't want to move any more mobile homes in, but if they are in now, let them improve them. How simply can that be done? Councilman Crandall asked legal counsel to outline choices. Reiman's situation does not fit the variance, and it does not fit the Special Use Permit. The request either needs to be denied or the ordinances amended so it can be approved. Merle Quigley: I haven't heard one negative comment from the people here. The only negative comments I've heard have come from our City Council. Brett Manwaring suggested not to change the whole City but to consider non- conforming uses on an individual basis. Attorney Anderson recommended closing the hearing and tabling action until a future meeting. Discussion followed on what to do and when to do it. Ileen Purcell asked if the Council was willing to try to do something to make the Reiman's request legally possible. Councilman Browning moved to table action on the request of Kay and MarJean Reiman, 3155 Rawson, until the first Council Meeting in January (January 4, 1990). The motion was seconded by Councilman Maeser. Roll call vote: Browning - Yes; Maeser Yes; Crandall Yes. The motion carried. The Council, Attorney Anderson, and Engineer Benton reviewed the proceedings of the Public Hearing, and it was agreed Attorney Anderson would prepare some recommendations for consideration by the Council at their next meeting. Attorney Anderson, Engineer Benton, and Steve Serr met to review the amended proposal of the Flood Plain Ordinance and compare it with the model ordinance. It was suggested the drafted ordinance be submitted to the Federal Emergency Management Agency for approval of the basement exception and to defer action to pass until FEMA accepts the amendments. Councilman Crandall moved to submit the draft copy of the amended Flood Plain ordinance to FEMA for their approval. The motion was seconded by Councilman Browning. Roll call vote: Crandall - Yes;Brow- ning - Yes; Maeser - Yes. The motion carried unanimously. Engineer Benton was assigned to mail the ordinance to FEMA. No building permits are to be issued in the flood plain until the City receives approval. Attorney Anderson prepared a Joint Powers Agreement for Building Inspections by Bonneville County, and he asked the Council to review it. The County has asked that Ammon collect fees according to Ammon's schedule and remit to the County the fees according to the County schedule. Ammon should inspect the water and sewer connections, and the State will make electrical and plumbing inspections. Ammon will write the permit and issue the certificate of occupancy following approval of the County. The City of Ammon advertised for bids for a 1989 or 1990 pickup. Sealed bids were received at the City Office until 4: 00 P.M. on December 4, 1989. Bids were received from Hirning Pontiac, Pocatello, for $14,941 or $15,472 with automatic transmission and from Erickson Pontiac, Rexburg, for $15,550 or $16,125 with automatic transmission. Low bidder was Hirning Pontiac. Councilman Browning moved to accept the low bid from Hirning Pontiac for a 1990 pickup with an automatic transmission and authorize the Mayor to negotiate. The motion was seconded by Councilman Crandall. Roll call vote: Browning - Yes; Crandall - Yes;Maeser - Yes. The motion carried unanimously. Delivery can be expected in 45 days. 254 December 7, 1989 Snow removal equipment was discussed. T e sanding truck will have a 12' blade, the water truck will have a 10' blade, nd the new pickup will replace the old 4 X 4 with an 8' blade. The grader and the backhoe can also be used to assist with snow removal. High bids were received on sur Ius e nt as follows: 43 Lengths of 3" hook and latch spri kler pipe - $425 by John Peters, Route 1, Box 445, Blackfoot, Idaho 8 221 1976 Dodge Pickup - $250 by John Pet rs, Route 1, Box 445, Blackfoot, Idaho 83221 1957 Chevrolet Truck with air compre sor--$300 by Larry Clark Cons- truction Company, 380 Gladstone, Ida 0 Falls, Idaho, 83401 (Bid on C & C Answering Service stationary ad signed by Lorraine Clark.) 1974 Ford Garbage Truck - $400 by La ry Clark Construction Co., 380 Gladstone, Idaho Falls, Idaho 83401 1977 Ford Garbage Truck - $1000 by T Christensen, 426 Walnut Shelley, Idaho, 83274 I Councilman Browning moved for the sale of surplus Maeser. Roll call vote: motion carried unanimously. to authorize t, e equipment. T e Browning - Ye City Clerk to accept the high bids motion was seconded by Councilman Maeser - Yes; Crandall - Yes. The Mayor Ard reported on the Ammon Consultant Selection Committee Forsgren Associates of Rexburg to begin n Highway Department. The firms not sele Attorney Anderson advised the Council Councilman Crandall moved to accept the p negotiations for engineering consultant 0 proposal as the second choice. The mot Roll call vote: Crandall - Yes; Maese carried unanimously. 'ect. The City Council acting as the .wed engineering firms and selected gotiation of a contract with the State ted have been so notified by letter. to confirm this action by motion. oposal of Forsgren Associates to begin the Ammon Road project with Chronic's on was seconded by Councilman Maeser. - Yes; Browning - Yes. The motion Reports: Fire Chief Cal Smith reported the Fire Department has secured three new members. Equipment has been rotate and repaired for better utilization. Plans are to have four Fire Department m etings each month. The first meeting of the month will be a business meeting. The second and third meetings will be for training, and the fourth meeting ill be maintenance. Chief Smith asked for a special meeting with the Council t just discuss Fire Department problems and plans. Possibilities for obtaining newer fire truck were reviewed. The Council asked the Chief to prepare some ealistic proposals for consideration. I Acting Public Works Director David Wa sworth reported on the wells. The dum ster for the church on Central and MIen has been moved to where they plan to permanently locate it. Engineer Benton reported he would prepar a claim in the amount of $29,001. 24 for payment to Beco Construction on ark completed to date on the Ross Avenue/Peterson Park street im rovement ro' ect. The balance of the work is scheduled for completion about June, 11 90, and the final billing will be submitted for payment following completio '. Attorney Anderson advised that, if an m 10 ee is subpoenaed to court for personal reasons, the City is not respons'ble to pay the employee for time off. Claims were approved. Councilman Browning moved to adjourn the, meeting. the motion. The meeting was adjourned at 0:45 P.M. Councilman Maeser seconded MAY I CITY CLERK J ?f...~vo/ ATTEST