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Council Minutes 9/12/2006 (135) I I I 71 CITY OF AMMON October 7, 1993 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 Engineer David E. Benton Councilman Marvin J. Anderson Public Works Director David Wadsworth Councilman Harvey Crandall Fire Chief Ca1 Smith Councilman Ira K. Hall Fire Marshal Robert Farrow Councilman Greg J. Maeser City Clerk Aleen C. Jensen Others Present: Lennis Tirrell, 3195 Molen Street, Ammon Bruce Brinton, 1820 Midway Avenue, Ammon Blaine Drews, Department of Environmental Quality Henry Moran, Department of Environmental Quality LeRoy Hope, 1977 Ross Avenue Douglas Isbell, 2045 Ross Avenue Brett and T. J. Floyd, 2853 South 60 East, Idaho Falls Robert E. Brewton, ICRMP Loss Control Specialist Kurt L. Anderson, ICRMP Loss Control Specialist Brian Taylor, Planning and Zoning Commission Representative 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. Mayor Ard opened the Public Hearing for the City Council acting as the Board of Adjustments to consider the request for a side yard variance by Douglas Isbell, 2045 Ross Avenue. Notice of the Hearing was published in the Post Register on September 20, 1993, and notices were mailed to all property owners within three hundred feet (300'). Mayor Ard swore in Douglas Isbell to give testimony. Mr. Isbell stated they have a situation where they are needing something to store some of the items used to maintain and use their property. The place is beginning to look like an old implement store, and the best alternative would be to construct a storage building similar to a garage. The property is zoned RP which requires a twenty foot (20') side yard for the main building and for accessory buildings. Isbe11s would like to build a storage unit parallel to their back addition with a side yard of ten or ten and one-half feet. Two reasons were given for requesting the variance. One, there is no other feasible place on their property to locate the building. Two, denying the variance would deny Isbe11s the privilege enjoyed by other residents of the neighborhood. Neighbors who apparently have variances were identified as Browns, Hansens, Robisons, and Rossiters. The neighbor most impacted by the variance would be LeRoy Hope on the north. At the closest point Hopes and Isbe11s would be seventy feet (70') apart. LeRoy Hope stated he did not object to the variance being granted provided Isbe11s have clearance to drive through to their backyard between Hope's fence and Isbell's building. Brian Taylor represented the Planning and Zoning Commission. He stated some of those buildings in the neighborhood with less than twenty feet (20') side yards are "grandfathered" in. Others were built without permits and violated the code. Due to the size of Isbell's property and the configuration, there are other options for placing the garage/storage unit without having to violate the ordinance. Also, if the variance is allowed, the City is setting a precedent. The Planning and Zoning Commission members were unanimous in their decision to recommend that the variance be denied. They further recommended options for Isbells--(l) buy additional property from the neighbors or (2) move the new building back and to the south. Isbell responded that the neighbors have not expressed a willingness to sell any property and to move the building would destroy their arena. Councilman Maeser advised that an applicant should meet all four of the requirements for granting a variance. He said there is no problem aesthetically, but the Isbell's request does not meet the requirements of the existing law. The variance should be denied, or the law should be changed. The City gets in trouble granting variances when the law is not followed. Councilman Hall stated the City has been trying to enforce the zoning ordinances. The requirements were read and discussed. Isbe11s do not meet the criteria and granting a variance opens the gate for everyone else. It impacts the community. 72 October 7, 1993 Councilman Crandall connnented that only one neighbor would be impacted. The Council is dealing with the letter of the law and not the spirit of the law. However, he recognized the problem of precedent setting. Brett Floyd expressed that he believed Isbells were being denied privileges even though some of the other property owners were enjoying the privilege because of the "grandfather" clause. Isbells began construction of obtaining a building permit. construction. their garage/storage building without first The City placed a "stop work" order on the The Council discussed the existing zoning ordinances, and they pointed out it may be time for some revisions in the side yard requirements for the RP zone. Mayor Ard closed the Public Hearing and proceeded with the regular meeting. I Councilman Crandall moved to recommend to the Planning and Zoning Commission that they review the ordinance for the RP zone and consider changing the side yard requirements from twenty feet (20') to ten feet (10'). Counciman Maeser seconded the motion. Roll call vote: Crandall - Yes; Maeser - Yes; Hall - Yes; Anderson - Yes. The motion carried unanimously. Councilman Hall moved to grant a side yard variance to Douglas Isbell, 2045 Ross Avenue based on the motion to consider changing the side yard requirements in the RP zone. The motion was seconded by Councilman Crandall. Roll call vote: Hall - Yes; Crandall - Yes; Anderson - Yes; Maeser - No. Councilman Maeser voted no until the Planning and Zoning Commission has the opportunity to recommend whether or not to change the ordinance. The motion carried. Lennis Tirrell, Ammon Speedi Mart, proposed supplying the City with gasoline and diesel fuel. He passed out informational material on the new law requiring all diesel to be low sulfur for on the road use. The penalty for non-compliance is harsh. He presented two options. Option No.1: A 30 day E.O.M. account, separate tickets for each sale showing invoice number, date and signature for each sale, plate number or job number if required, and help in filling out Form 843 for tax refund. Option No.2: Sinclair Fleet Fueling program. The advantages listed were: no evaporation or shrinkage, no cost of fuel in the tank not being used, no costin tank testing or liability insurance on the tanks, no cost for repairs or maintenance, and security. Tirrell would like the City's business, and he is willing to work with the City. Ammon Speedi Mart is open 17 hours per day and 7 days per week. The Council agreed to think about the proposal. I Brian Taylor reported on the Planning and Zoning Commission activities. On October 5, 1993, Mrs. Isbell appeared before the Commission to present her request for a side yard variance, and the City Council acting as the Board of Adjustments heard the request at the beginning of this meeting. Also, a Public Hearing was conducted to consider a petition of residents from Southwick Addition Division No. 1 to remove Overlay 6 (Animals) from the lots on Sabin Drive. Considerable development has occurred in the subdivision since the zoning was originally established. There was much discussion both in favor and in opposition. The Planning and Zoning Commission recommended that the zoning remain unchanged. (Refer to P&Z minutes of October 5, 1993) The City Council determined to wait to see if residents want the petition pursued further before scheduling a Public Hearing before the City Council. Henry Moran and Blaine Drewes represented the Department of Environmental Quality (DEQ) to provide information on Idaho Drinking Water Fee Assessment, and to appeal to the City of Ammon to support the program for the 1994 fiscal year. Councilman Maeser expressed the opinion that there was no problem with the State maintaining primacy, but he was opposed to the method of funding. Mr. Moran explained the history of the program and Mr. Drewes discussed the testing I requirement of EPA (federal) versus DEQ (state). Fees collected will help to maintain the DEQ program as now structured with no increase in staff. If DEQ continues to have primacy, they will be able to monitor the testing program and waive some of the expensive tests in systems where there is no record of problems. DEQ is available to provide technical assistance and to help with problem solving. DEQ can not be more be more stringent than EPA and they can not be less stringent, but they can monitor the program and help reduce costs in local compliance. If funding is not received or committed for DEQ by October 28, 1993, the program will return to federal control. Cities can pay the fee under protect and then go to the Legislature in January to try to reduce the fee or to establish a different funding method. Robert E. Brewton and Kurt L. Anderson, representatives of the Idaho Counties Reciprocal Management Program (ICRMP) discussed the City's participation in that liability insurance program. Their area of concern is loss control issues, and they helped the Council to understand the services available. ICRMP is set up to provide coverage needed by counties, cities, school districts, etc., and the I I I 73 October 7, 1993 entities are shareholders in the organization. The program is continually being expanded. There will be no increase in premium for 1994. Brewton and Anderson met with the Public Works Director and City Clerk during the day to explain their program and to visit City facilities. The visit will be followed-up with a report of safety recommendations for the City of Ammon. Loss control representatives are willing to provide supervision and training in risk management, personnel policies, playground safety, administrative problems, errors and omissions, etc. They counseled the City to follow established policies or to make changes if the policies are wrong. A Risk Management Seminar will be conducted in Idaho Falls at the Shilo Inn on October 28, 1993. Co. Crandall moved, in reference to the motion made September 16, 1993, about payment of the Idaho Drinking Water Fee Assessment, to accept the motion as made to pay the fee quarterly but to specify on the check that is is paid in protest. The motion was seconded by Councilman Hall. Roll call vote: Crandall - Yes; Hall - Yes; Maeser - Yes; Anderson - Yes. The motion carried unanimously. H-K Contractors have been authorized to proceed with paving Williams Street. They are scheduled to begin the project the latter part of October. Councilman Hall moved to accept the minutes of City Council Meeting held September 16, 1993, as written. The motion was seconded by Councilman Crandall. Roll call vote: Hall - Yes; Crandall - Yes; Anderson - Yes; Maeser _ Yes. The motion carried unanimously. Mayor Ard introduced the second reading of Ordinance No. 235 (Trailwood Village Division No. 1 Rezone) AN ORDINANCE TO AMEND THE ZONING CLASSIFICATION AND THE ZONING MAP FOR CERTAIN LANDS; PARTICULARLY DESCRIBING SAID LANDS AND DECLARING THE CLASSIFICATION OF ZONING FOR EACH SUCH PARCEL OF LAND; AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Maeser moved to designate the election Judges and Clerks for the November 2, 1993, City of Ammon General Municipal Election as follows: Regina Borg, Judge Carol A. Miller, Clerk Connie B. Darrington, Clerk Patricia D. Aldrich, Clerk Linda Godfrey, Judge Diane Jemmett, Clerk Mala Lyon, Clerk The motion was seconded by Councilman Hall. Roll call vote: Maeser - Yes; Hall - Yes; Anderson - Yes; Crandall - Yes. The motion carried unanimously. The pay scale if $5.25 for Judges and $4.35 for Clerks. Councilman Maeser asked the Council to give him some input to take to the AIC Legislative Meeting on Thursday, October 14. A 1994 AIC Legislative Proposals Priority Ranking Worksheet was circulated to individual Council members to get their opinions. Councilman Maeser was assigned to prepare the Annual Newsletter to be mailed to residents with their payment books. Reports: Public Works Director David Wadsworth reported on the purchase of an new V-shaped snow plow. Fire Chief Cal Smith reported on the Fire Department. Bruce Lott burned the agricultural ground north of Kmart, and he rained the City with ash. Many complaints were received, but apparently there was not a violation of City ordinance because most of the fields involved are in the County. Councilman Crandall commented on franchise fees and the excellent article in "Idaho Cities." He encouraged the Council to read it and to implement it. As franchise agreements come up for renewal, they should be analyzed thoroughly for compliance, accountability, and length of agreement. It was agreed length of agreement should cover a shorter period than they have in the past. Cantlon Properties has requested information on rezone of the property now occupied by Teton Plaza Mobile Home Park, Eastgate Shopping Center, and Mini- Warehouse III. They have been advised, if they complete the necessary application papers by October 19, 1993, the City will schedule a Public Hearing before the Planning and Zoning Commission on November 9, 1993, and a Public Hearing before the City Council on November 18, 1993. Cantlon representatives have agreed to schedule a meeting with the property owners prior to these hearings. 74 October 7 and October 21, 1993 Claims were approved. Councilman Crandall moved to adjourn the meeting, and the motion was seconded by Councilman Maeser. The meeting was adjourned at 10:35 P.M. ~ ATTEST ;:U_U'"J r;P4uU,J CITY CLERK i CITY OF AMMON October 21, 1993 I Minutes of the Regular Meeting of the Mayor and City Council: The meeting was called to order at 7:30 P.M. by Mayor Bruce Ard. It was held at the Ammon City Hall, 3270 Molen Street, Ammon, Idaho. The Pledge of Alleg- iance to the Flag was led by Councilman Harvey Crandall with the prayer being given by Councilman Ira K. Hall. Mayor welcomed those present, Mayor C. Bruce Ard Councilman Greg J. Maeser Councilman Marvin Anderson Councilman Harvey Crandall Councilman Ira K. Hall who included City Officials: Attorney W. Joe Anderson Engineer David E. Benton Fire Chief Ca1 Smith Public Works Director David Wadsworth Deputy Clerk Carol Ragan Others Present: Jay W. Johnson, 2125 Cabel1aro Drive, Ammon R. Wayne Hansen, 3785 Geneva Drive, Ammon Alan Obray, 3475 Tay10rview Lane, Ammon Jerrolyn Crandall, 3550 Brookfield Lane, Ammon Rex Shurtliff, 3575 Brookfield Lane, Ammon Alice Shurtliff, 3575 Brookfield Lane, Ammon Lynn Goldman, 3615 Wanda Street, Ammon and a total of 25 Scouts and Cub Scouts I Mayor Ard asked each Scout to introduce himself and what his purpose was in attending the City Council meeting. The first item of business was a request by Shelene D. Larsen, 2039 East Eastgate Drive, for a home occupation permit. She addressed the Council, stating her business consisted of wedding consultation. She stated she would not have employees. She would not do catering or decorating, just helping through the planning of weddings. Councilman Maeser motioned to approve the application of She1ene Larsen for a home occupations permit to conduct a wedding consultant business at 2039 East Eastgate, Ammon. The motion was seconded by Councilman Hall. Roll call vote: Maeser - Yes; Hall - Yes; Crandall - Yes; Anderson - Yes. The motion carried. The second item of business was a request by Jay Johnson to convert a single family dwelling to multiple family. Mr. Johnson explained the house is presently being built for a single person, Sheryl Moss. It is situated in an R-2 zone at 2200 South Ammon Road. He would like to request for her that she be allowed to rent the basement as it would help her out a little. The opinion of the Council was that it is properly zoned, therefore there is no problem. Mr. Johnson thanked the Council before leaving. Mayor Ard stated a date needed to be approved to canvass votes of the municipal I election. Councilman Crandall motioned to approve November 4, 1993, as the date set to canvass the votes. The motion was seconded by Councilman Maeser. Roll call vote: Crandall - Yes; Maeser - Yes; Anderson - Yes; Hall - Yes. The motion carried. Councilman Maeser reported on the AIC Legislative Meeting. He stated most of the meeting consisted of discussion of what to do about the water quality fee assessment. It was discussed paying the fee either on a monthly or quarterly basis under protest, with a request for an opinion of the Attorney General's office as to the legality of the fee. He further stated there is an argument that it is a fee, not a tax, because they are assessing a usage. Five voted to not pay at all, with the majority voting to pay under protest. Councilman Maeser also stated at the AIC Legislative Meeting, they wanted to lower the vote of two-thirds to sixty percent on bonds. Also, on October 27th the Mayors have been asked to call a press conference for the declared mandates the City might have. This would be Federal Unfunded Mandate Day and provides the City an opp- ortunity to educate the public.