Council Minutes 9/12/2006 (116)
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November 5, 1992
CITY OF AMMON
November 5, 1992
Minutes of the Regular Meeting of the Mayor and City Council:
The meeting was called to order at
following City Officials present:
Mayor C. Bruce Ard
Councilman Marvin J. Anderson
Councilman Harvey Crandall
Councilman Ira K. Hall
Councilman Greg J. Maeser
7: 30 P.M. by Mayor C. Bruce Ard with the
Attorney W. Joe Anderson
Public Wks. Director David Wadsworth
City Clerk Aleen C. Jensen
Others Present:
Cody Flegel, Scout
Matt Fox, Scout
Kenly Hunter, Scout
Randy Flegel
Duana Savage
Orland and Elmoyne Bailey, 2810 Salmon Street, Ammon
Dennis and Sydney Wagner, 3580 Georgia Lane, Ammon
Joe and Todd (Scout) Kennedy
John Sheppard, 3565 Georgia Lane, Ammon
Richard and Colleen Birch, 2865 South Ammon Road, Ammon
Bonita and Taylor (Scout) Jardine
Marvin and Jeanette Stucki, 3660 Georgia Lane, Ammon
Emerson and Joy Jenkins, 3560 Georgia Lane, Ammon
Adam Brotherson, Scout
Blair Webster, Scout
Absent: Engineer David E. Benton
The Pledge of Allegiance to the Flag was directed by Mayor Ard, and the invocation
was offered by Councilman Crandall. Mayor Ard welcomed the Scouts, and they
introduced themselves.
Residents of Georgia Lane requested an informal hearing before the City Council
to discuss their concerns about the development of Lot 1, Block 2 Pony Acres
Division 1 (2865 South Ammon Road) by Richard and Colleen Birch. Invitations to
the meeting were mailed to sixteen (16) property owners, and seven (7) of them
were represented at the meeting. Marvin Stucki acted as spokesman for the
residents, and the City Council and the Birches answered their questions about
areas of concern.
The adjacent property owners understood the square footage of the proposed house
to be 992 square feet. The owner's plans submitted with the application for a
building permit show the basement - 992 square feet, main floor - 992 square feet,
and 10ft - 512 square feet. Colleen Birch explained when they add the breezeway,
the garage, and shop area that the total square footage should be more than
5000 square feet. Regarding zoning, Lot 1 Block 2 is zoned R-l and the other lots
ill Block 2 of Pony Acres are zoned RP. According to City records Lot 1 was
originally zoned R-2 but rezoned to R-l in 1973 before Ordinance No. 111 was
passed on December 19, 1973, to revise, codify, and compile the general ordinances
of the City of Ammon. The division of Lot 1 apparently occurred when the house
was built on the north portion of the lot (3540 Georgia Lane) about 1979. The
type of home business planned is a furrier business. The holding tank was
authorized by the City of Ammon until such time as connection can be made to the
sanitary sewer system. The installation was approved and licensed by District
Seven Health Department. It is to be pumped regularly according to the need. No
chemicals will be dumped into the holding tank or the sewer system. The only
chemical to be used is chlorathane and perk. This is used for cleaning the
linings in coats. It is rubbed into the lining, and it evaporates. There is
nothing left to dispose of. No raw hides will be brought in to be tanned, and
there are no plans to do home tanning. Richard Birch has trapped since he was
12 years old, and they will have a few skins around their place. Trapped furs
which are brought home will be flushed out, put in the freezer, and sent to the
east coast for professional tanning. Animal waste and carcasses will be disposed
of by taking them back into the hills for wild animals, eagles, and hawks to feed
on. Birch has a license to trap. Trapping is his hobby, but furrier is his
business. No separate building is planned for the business. There is a separate
shop building to be used for his trapping hobby. The busy season will be from
October through February or March. Some furs will be purchased for coats. The
business will generate little traffic. They will do custom orders and mail
orders. The requirements for a home occupation permit were discussed. The busi-
ness is going to be on a very visable piece of property, and the neighbors are
concerned about sanitation and beautification. If the business becomes a nuisance
or detrimental to the surrounding area, the neighbors have the right to complain,
and the City will review at any time. No home occupation permit has been issued
to Richard and Colleen Birch because they have been utilizing all of their time
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November 5, 1992
building their house. Mayor Ard explained that Birches have been very cooperative
and have kept their word on all commitments to the City. The ordinance allows
the owner to live temporarily in a trailer for up to one year during construction.
As soon as the basement is completed to certain specifications, the Bonneville
County building inspector will grant Birches a temporary occupancy permit to move
in the basement. The log work on the home will be started in the spring. Mayor
Ard discussed the progress of Ammon Road and its impact on Birch's project. It
was concluded the square footage of the house is in compliance with the R-l zone,
the protective covenants for Pony Acres excluded Lot 1 of Block 2, the house has
been connected to the City water system, the sewer connection will be completed
as soon as the City authorizes it, and a home occupation permit is allowable in
the R-l zone provided Birches agree to conform to the requirements outlined in
City Code ll-5-27H. Another area of concern expressed is use of flood irrigation
water, and this problem needs to be worked out between property owners and
Progressive Irrigation.
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Orland and Elmoyne Bailey, 2810 Salmon Street, registered a complaint about a
barking dog owned by Jack and Rachanee Edwards, 2830 Salmon Street. The dog barks
at various hours of the night and is very disturbing to anyone trying to sleep.
Part of the problem is that Edwards leave their kitchen door open so the dog is
free to run in and out. Any little noise the dog hears causes him to bark.
Baileys have tried to discuss the problem with Mrs. Edwards, but she will not
answer the telephone, the door, or a letter. Baileys filed a formal complaint
with the animal control officer on October 23, 1992. Edwards also keep three
dogs, and they are required to obtain a kennel license. The City Office issued
a warning to Edwards to control their barking dog and to apply for a kennel
license. The dog barking has improved, but the kennel license application has
not been completed. Since filing the complaint, Baileys have received telephone
calls in the night but when they answer the caller hangs up, a rock was thrown
at their house in the middle of the night, and Mr. Edwards called long distance
to threaten Mr. Bailey. Anytime Baileys make waves, there is a problem. Baileys
feel they are being victimized and harassed. They requested the City to enforce
the dog ordinances and to try to help them resolve the problem. Baileys accused
the City of ignoring problems in their neighborhood and City employees of conspir-
ing against them. Public Works Director David Wadsworth asked Baileys to call
him at any hour of the day or night when the dog barks, and he promised to take
care of the problem. The Council encouraged Baileys to work with Wadsworth, and
agreed to follow through on the kennel license.
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Councilman Maeser moved to approve the minutes of City Council Meeting held
October 15, 1992, as written. The motion was seconded by Councilman Anderson.
Roll call vote: Maeser - Yes; Anderson - Yes; Hall - Yes; Crandall - Yes. The
motion carried unanimously.
Mayor Ard discussed the Ammon Road proj ect, and he reported on a meeting at
Forsgren Associates to go over the details of the project with Lotwick I. Reese
of the State Transportation Department. A letter of instructions concerning the
proj ect has been received, and it was read by Councilman Maeser. The letter
transmitted two copies of the State/Local Agreement (Construction) to be completed
by the City. As soon as the right-of-way acquisition is finished, the State/Local
Agreement (Construction) is executed, and Ammon's share of money is deposited with
the State, the State Transportation Department is ready to act.
Resolution No. 93-1 was introduced:
WHEREAS, the Idaho Transportation Department, Division of
Highways, hereafter called the State, has submitted an Agreement
stating obligations of the State and the City of Ammon, Idaho, for the
construction of Ammon-Lincoln Road (Sunnyside Road to 17th Street);
and
WHEREAS, the State is responsible for obtaining 'compliance with
laws, standards and procedural policies in the development,
construction and maintenance of improvements made to the Federal-aid
Highway System when there is federal participation in the costs; and
WHEREAS, certain functions to be performed by the State involve
the expenditure of funds as set forth in the Agreement; and
WHEREAS, the State can only pay for work associated with the State
Highway System; and
WHEREAS, the City is fully responsible for its share of project
costs; and
WHEREAS, it is intended that the proj ect shall be developed and
constructed so as to receive federal participation;
NOW, THEREFORE, BE IT RESOLVED:
1. That the Agreement for Federal-Aid Highway Project STP-M-
7436(001) is hereby approved.
2. That the Mayor and City Clerk are hereby authorized to execute
the Agreement on behalf of the City.
3. That duly certified copies of the Resolution shall be
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furnished the Idaho Transportation Department,
Highways.
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November 5, 1992
Division of
Councilman Crandall moved to pass Resolution No. 93-1 authorizing the Mayor and
the City Clerk to execute the agreement for Federal-Aid Highway Proj ect STP-M-
7436(001) for construction of Ammon Road from Sunnyside Road to East 17th Street.
The motion was seconded by Councilman Maeser. Roll call vote: Crandall - Yes;
Maeser - Yes; Anderson - Yes; Hall - Yes. The motion carried unanimously.
Councilman Maeser moved to authorize the City Clerk to purchase a certificate of
deposit from Key Bank payable to the State of Idaho Transportation Department or
City of Ammon in the amount of one hundred fifty-seven thousand sixty-one and
no/lOa dollars ($157,061.00) to be submitted to Boise with the two signed copies
of the construction agreement. The motion was seconded by Councilman Crandall.
Roll call vote: Maeser - Yes; Crandall - Yes; Anderson - Yes; Hall - Yes. The
motion carried unanimously. In order for the City of Ammon to receive
reimbursement, copies of the invoices and checks proving payments already made
by the City to Forsgren Associates for design engineer work on the project should
accompany the signed agrement and the certificate of deposit.
Attorney Anderson discussed Idaho's Open Meeting Law Act as amended by the Idaho
Legislature by enactment of House Bill 793 (67-2340 through 67-2347). The changes
were summarized. Definitions of "deliberation" were considered, and it was
pointed out that Council decision must be made during a convened meeting with a
quorum present. A 48-hour agenda notice must be posted in advance of regular
meetings. Additional agenda items may be added provided good faith effort is made
to include all agenda items known and any probable items. On added agenda items,
the Council will hear them, but action will be delayed until they can be scheduled
on a regular, written agenda. Special meetings require the posting of at least
a 24-hour meeting and agenda notice, unless an emergency exists. No publication
of meeting or agenda notice is required; posting at the principal office is
sufficient. Any action taken which fails to comply with the Open Meeting Law
shall be null and void.
A letter has been received from Ann Ricks and D. Mark Ricks stating they are
preparing their property along Sunnyside Road and Hitt Road for development. They
have requested a 10" water main to be brought to the family home at 2725 East
Sunnyside and a 10" water main to be brought to their property line off from Owen
Street. The School District has not extended the water line across the school
property to the Ricks property line as specified in the annexation agreement.
Attorney Anderson was asked to prepare a letter to remind the School District of
their responsibility to extend the water line. The City Clerk was asked to
contact Ann Ricks to advise her about the action the Council is taking.
Lennis Tirrell has requested the City Council to complete action on his request
for rezone which was tabled on October 17, 1991, until the Ammon Road project got
underway. The Mayor asked the Council to review the information presented at the
Public Hearing, and the action on the request will be scheduled as an agenda item
for the next Council meeting. The major debate on the rezone was concerning a
buffer between residential and commercial. In the past, the Council has required
a ten foot buffer or a fence. It was agreed that the City could only require the
commercial developer to provide the ten foot buffer or a privacy fence. If
residents require an elaborate type of fence, then they should participate in the
costs.
The Association of Idaho Cities Annual Legislative Dinner will be held at the
Shilo Inn on Friday, November 13, at 6:30 P.M. Ard, Maeser, Crandall, Anderson,
and spouses plan to attend. District 30 Legislators Melvin Richardson, Ralph
Steele, and Tom Loertscher should be invited, and City of Ammon will host them
if they have not already committed to another city.
Idaho Counties Reciprocal Management has requested 1992 nominations for ICRMP
Board of Trustees. The Council did not have a recommendation to submit for a
representative from our non-County public entity region.
Reports: David Wadsworth reported on Public Works' activities. During the last
two weeks, there have been two main water line breaks--one at East Sunnyside and
Taylorview Lane and one at Eagle and Salmon Streets. The grass has been seeded
on the Peterson Park ball diamonds. At the request of a resident for some type
of traffic control at Wanda and Mason Streets, a yield sign has been installed.
The Council objected to a stop sign at that location, but they agreed the yield
sign should be adequate. The Division of Environmental Quality has required Ammon
to complete lead/copper tests by January 1, 1993, in compliance with the Idaho
Regulations for Public Drinking Water Systems. Forty samples are required, and
test bottles have been requested from Alchem Laboratory in Boise. The City of
Ammon, Bonneville County, Utah Power, and Carolyn Bjornson have been cooperating
to remove the trees growing in the right-of-way on Sunnyside Road between Western
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November 5, 1992
Avenue and Hillcrest High School. Bonneville County and City of Idaho Falls are
trying to widen East Sunnyside Road next year. The Council was asked if Ammon
had an interest in participating with them on the portion of East Sunnyside Road
which is within the Ammon City limits. It was agreed that Ammon wants to be in-
volved in whatever is done with East Sunnyside Road from the City boundary on the
west to the railroad tracks on the east.
Councilman Anderson asked when the merry-go-rounds would be installed in Falcon
Park and Tie Breaker Park. The annual audit of the financial records has been
started by Galusha, Higgins, and Galusha. Claims were approved.
Councilman Crandall moved to adjourn the meeting, and the motion was seconded by
Councilman Hall. The meeting was adjourned at 9:30 P.M.
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CITY CLERK / .
CITY OF AMMON
November 19, 1992
Minutes of the Regular Meeting of the Mayor and City Council:
The meeting was called
following City Officials
Mayor C. Bruce Ard
Councilman Marvin J. Anderson
Councilman Harvey Crandall
Councilman Ira K. Hall
Councilman Greg J. Maeser
to order at 7: 40 P.M. by Mayor C. Bruce Ard with the
present:
Engineer David E. Benton
Public Works Director David
Fire Chief Ca1 Smith
City Clerk Aleen C. Jensen
Wadsworth
Others Present:
Jack Edwards, 2830 Salmon Street, Ammon
Robert Bailey, Idaho Falls
Orland Bailey, 2810 Salmon Street, Ammon
Richard R. Dare, Mountain River Engineering
Michael Nye, Utah Power
William Charles Carr, Leader with Varsity Scout Team 208, 3974 Wanda, Ammon
Craig Stephens, Varsity Scout
Ryan Harris, Varsity Scout
Nathan Whittaker, Varsity Scout
Drostan Orme, Varsity Scout
Robert A. Farrow, 3824 Wanda Street, Ammon
Elder Kevin C. Henderson
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Absent: Attorney W. Joe Anderson
The Pledge of Allegiance to the Flag was directed by Councilman Maeser, and the
invocation was offered by Councilman Anderson. The Varsity Scouts were welcomed,
and they introduced themselves.
Jack Edwards, 2830 Salmon Street, submitted an application for a non-commercial
kennel license. They have one large dog, two small dogs, and one pup. The pup
will be gone as soon as it is old enough to leave the mother. The City ordinance
requires that 75% of persons in possession of premises within 150 feet give their I
consent for a non-commercial kennel license to be issued, and Edwards has not
obtained sufficient signatures of consent. The City received a formal complaint
dated October 23, 1992, from Orland and Elmoyne Bailey which stated that Edwards
dog/ dogs bark at night and disturb the neighbors. The complaint was considered
at Council Meeting on November 5, 1992, and the Council agreed to get Edwards to
comply with the kennel license ordinance, and the Public Works Director agreed
to contact Edwards at any hour of the day or night to control the barking provided
Bai1eys would notify him. Since last meeting, Wadsworth has received one middle
of the night call from Baileys. The dog is a security measure for Rachanee
Edwards because Jack is gone a lot of time. Edwards promised to try to control
the dog barking. Baileys agreed that it would be satisfactory to have the dog
barking controlled from 11:00 P.M. to 7:00 A.M. No action was taken by the City
Council on the application for kennel license because of the lack of the required
number of signatures to show neighborhood consent. Edwards was asked to try to
obtain nine "yes" signatures by Council Meeting of December 3, 1992.
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November 19, 1992
Engineer Benton was asked to bring the Council up-to-date on the School/Ricks
water line. Exhibit B of the School District Annexation Agreement states "the
extensions of water lines over and cross Developer's property shall be as shown
on the improvement drawings." Benton reviewed the drawings and pointed out the
water line location to the Ricks property. He agreed to get a copy of the
drawings to Attorney Anderson so the attorney can follow up with a letter to
Bonneville Joint School District 93 to advise them of their responsibility.
Mayor Ard reported on Ammon Road progress. The construction agreement and deposit
of funds in the form of a certificate of deposit have been submitted to and
accepted by the State of Idaho Transportation Department in Boise. There is some
confusion about who pays Forsgren Associates. The City may need to pay Forsgren
and then apply for reimbursement from the State. Councilman Maeser moved to
authorize the Mayor to write a check to Forsgren or take whatever action is
necessary to expedite the Ammon Road project. The motion was seconded by Council-
man Crandall. Roll call vote: Maeser - Yes; Crandall - Yes; Anderson - Yes; Hall _
Yes. The motion carried unanimously.
Reports: Public Works Director Wadsworth reported on the BMPO meeting. They are
going to try to get highway monies into the cities rather than out-of-way
projects. Sunnyside Road is recommended as a priority project. Bonneville County
Engineer Bill Manwill suggested that Mayor Ard communicate with the County
Commissioners to let them know that City of Ammon is interested in participating
in Sunnyside Road widening. The fuel tank has been removed by Well No.5. The
sander and snow plows are ready for winter storms. Forty water samples have been
sent to Boise for the lead/copper testing.
Councilman Hall discussed a proposed sign ordinance. Information obtained from
the City of Idaho Falls was referred to the Planning and Zoning Commission for
a recommendation.
Councilman Maeser called attention to the agreement with Gil Gardner of the
Prosecutor's Office for animal control and parking violations. Bonneville County
has determined the Prosecutor's Office can not be involved in extra agreements
for service, so Ammon needs to consider making a change by January 1993.
Councilman Crandall advised the annual audit is almost complete, and Galusha,
Higgins and Galusha plans to present it to the Council on Thursday, December 17.
The Bonneville County Emergency Response program was discussed briefly. Ammon
needs to be represented at the planning meetings. Claims were approved.
Mayor Ard signed the agreement prepared by Attorney Anderson for Bonneville Joint
School Districe 93 to use a portion of the Owen Street right-of-way at Ammon
Elementary School for a playground fence. The Council previously approved this
action on October 1, 1992. At the Council Meeting on October 1, Attorney Anderson
recommended the agreement be recorded, but he since determined that it will not
be necessary to record.
Councilman Crandall moved to adjourn the meeting, and the motion was seconded by
Councilman Maeser. The meeting was adjourned at 8:30 P.M.
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