Council Minutes 9/12/2006 (137)
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77
November 4, 1993
CITY OF AMMON
November 4, 1993
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 Marvin J. Anderson
Councilman Harvey Crandall
Councilman Ira K. Hall
Councilman Greg J. Maeser
at 7:30 P.M. by Mayor C. Bruce Ard with the fol-
Engineer David E. Benton
Fire Chief Cal Smith
Public Works Foreman Rick Williams
City Clerk Aleen C. Jensen
Others Present:
Susan L. Storer, 3444 Owen Street, Ammon
William R. and Kathleen A. Roberts, 2000 Sabin, Ammon
Laurel Hall, 2055 Sabin Drive, Ammon
Robert Farrow, 3824 Wanda Street, Ammon
James Crumb, 1975 Eagle Drive, Ammon
David M. Tracy, 3655 Maiben Avenue, Ammon
Debbie Smith, 1960 Curlew Drive, Ammon
Todd Kennedy
Ben Shumway
Scott Jensen
Chris Brower
David Adams
Jake Gasser
Lloyd Cox
Robert and Gloria Harris, 2025 Sabin Drive, Ammon
Velma Hampton, 1880 Sabin Drive, Ammon
Jan and Annette Sibbett, 205 Court Place, Ammon
Bobbie Burton, Bonneville County Election Center
Absent: Attorney W. Joe Anderson
The Pledge of Allegiance to the Flag was directed by Councilman Hall, and the
invocation was offered by Councilman Maeser.
William R. Roberts, 2000 Sabin Drive, spoke for the residents of Sabin Drive who
petitioned the City Council to remove Overlay 6 (Animals) from the zoning on
properties in the Southwick Addition. The Planning and Zoning Commission
conducted a Public Hearing on October 5, 1993, to hear the request for removal of
the overlay, but the City Council did not proceed with a hearing pending further
input from the property owners. Mr. Roberts requested the hearing process be
completed because residents feel the area has outgrown animals due to the
increase in residential density. The discussion brought out that the request
mainly applies to Sabin Drive but properties facing Midway on the west side of
Sabin Drive may also be interested in removal of the overlay, they are not
opposed to "grandfathering" properties that now have animals, and residents in
Block 3 of Southwick Addition want to request Overlay 6 (Animals) on their
property. The City Council agreed to advertise for a Public Hearing on Thursday,
December 2, 1993, to consider removal of Overlay 6 (Animals) from the Southwick
Addition.
Councilman Hall moved to approve the minutes of City Council Meeting held October
7, 1993, as written. The motion was seconded by Councilman Maeser. Roll call
vote: Hall - Yes; Maeser - Yes; Crandall - Yes; Anderson - Yes. The motion
carried unanimously.
Councilman Maeser moved to approve the minutes of City Council Meeting held
October 21, 1993, as written. The motion was seconded by Councilman Anderson.
Roll call vote: Maeser - Yes; Anderson - Yes; Hall - Yes; Crandall - Yes. The
motion carried unanimously.
Susan L. Storer, 3444 Owen Street, requested a home occupation permit for M
Marketing. The business involves telephone sales of videos to college libraries.
She has an inventory of 300 tapes, and when they are sold the business operation
will be finished. Mrs. Storer has no problem complying with the home occupation
permit requirements in C.C. 11-5-27H. Councilman Crandall moved to approve a
home occupation permit for Susan L. Storer. The motion was seconded by Council-
man Hall. Roll call vote: Crandall - Yes; Hall - Yes; Maeser - Yes; Anderson -
Yes. The motion carried unanimously.
Susan Storer also discussed problems that her family has experienced with a dog
owned by Dan Langley, 3335 Owen Street. She expressed concern that the dog is
dangerous and may attack a child. The Council agreed to have Animal Control
follow through on the dog problem.
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November 4, 1993
Under the direction of Bobbie Burton from Bonneville County Election Center and
City Clerk Aleen Jensen, the Council canvassed the results of the City of Ammon
Municipal Election held Tuesday, November 2, 1993. They reviewed the canvass
audit sheet, poll books, and election results. The tally is as follows:
Precinct: 98
Number Voting: 742 29.3%
Number Registered: 2531
Mayor: Bruce Ard 570 Votes 77 .3%
Larry Eslinger 167 Votes 22.7%
City Council Members: I
Marvin J. Anderson 267 Votes 18.7%
Bruce Brinton 219 Votes 15.3%
Ira Kimball Hall, Jr. 294 Votes 20.5%
Steven J. Loveland 384 Votes 26.8%
Gerald B. Mitchell 267 Votes 18.7%
Councilman Maeser moved to approve the count and accept the canvass of the
Municipal Election held November 2, 1993. The motion was seconded by Councilman
Crandall. Roll call vote: Maeser - Yes; Crandall - Yes; Anderson - Yes; Hall -
Yes. The motion carried unanimously. The election spread sheets were signed by
the City Council and attested by the City Clerk.
Jan and Annette Sibbett, 205 Court Place, received a letter from Larry J.
Schuldt, Bonneville County Chief Building Inspector, regarding a leanto type shed
built on the north side of their garage which encroaches into the easement. The
letter states "You are hereby notified to remove this leanto structure within 10
days of the receipt of this letter or further legal action by the City of Ammon
and Bonneville County will proceed." Engineer Benton recommended that legal
action be delayed to allow time to determine if the problem can be solved by
vacating the easement. The Council agreed to delay action.
Reports: Fire Chief Cal Smith reported for the Fire Department. The fire at the
home of Brent B. Porter, 3465 San Carlos Street, was discussed. There is a
problem with the fence placement on Ammon Road by one of the fire hydrants. It
is impossible to swing a wrench on the hydrant because the fence is too close. I
Mayor asked that the State be notified of the problem. The new fire engine is
scheduled for delivery near December 1, 1993. Chief Smith asked for permission
to purchase a FireCom apparatus intercom system for the new fire engine from
capital outlay funds at an estimated cost of $2500. Councilman Crandall asked
what equipment would be needed on the new engine. Plans are to purchase a new
radio and then take the equipment off Engine No. 1. Engine No. 1 will be
scheduled for repairs. The Council did not have a problem with the purchase of
the intercom system provided it is within the budget.
James Crumb discussed the annual fire inspections of businesses. The first
inspection is scheduled for Thursday, November 11, at Skidmore Construction and
Millwork Inc. In the past, the Fire Department has had problems completing
inspections and enforcing the Uniform Fire Code at Skidmore's. They requested
the Council to back up the department if they find any code violations when they
complete Skidmore's inspection~ Robert Farrow, Fire Marshal, explained the
inspection procedures. Farrow is not a certified fire inspector, and the Council
urged him to get certified when a class is available.
Councilman Anderson discussed a problem on Central Avenue with barking dogs.
Animal Control was instructed to follow up on the problem. Other dog problems
were discussed and the Council encouraged the City employees to continue to
enforce the dog ordinance uniformly throughout the City.
Councilman Hall called attention to the problem with ruts created by the City at
Bryce Anderson's when the City employees drive in the easement to Well No. .2..
The City supplied some fill materials to level out the ruts, but it was suggested
Mr. Anderson be contacted to see if more is needed. It was further recommended
that in the spring the City look at the problem to try to get Anderson's
participation with the City to improve the access.
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Regarding Ammon Road, Resident Engineer Devin Rigby has been transferred and Ed
Bala has taken his place. Mayor Ard has advised the State that the fences are
not satisfactory. Those residents who are affected can file a claim if they are
not satisfied. The State has advised the fencing is not complete. A report has
been received about items left to be completed on the project.
Engineer Benton discussed the proposed development on the southeast corner of
Hitt Road and East 17th Street. Bonneville County has expressed concern about
provisions for a retention pond area for the storm drain system. The City has
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CANVASS AUDIT SPREAD SHEET
CITY OF AMMON
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CANVASS HELD: NOVEMBER 4, 1993
PRECINCT NUMBER % A B C D E F G H I J K
REGISTERED Voting BALLOTS Electors Number TOTAL Number Number BALWTS EARLY FINAL TOTAL TOTAL
SENT TO Signing Absentees Electors Spoiled Ballots Auounted Transport Transport Transport COUNT
PRECINCT PoD Book Ballots Voting Ballots Returned For Log Entry Log Entry Log Entry Recorded
A plus C=G B plus C=D & J & K D plus EplusF = G H plus I equals J K=D&J
Precinct 98A 1291 29.3 1150 385 12 397 3 762 1162 345 345
Precinct 98B 1240 1150 334 11 345 2 814 397 742
1161 397
Precinct
Precinct
Precinct
Precinct
Precinct
Precinct
Precinct
Precinct
Precinct
TOTAL 2531 I 29.3\ 2300 719 23 I 7421 5 1576 2323 742 742 742
I, Aleen Jensen, City Clerk of Ammon, State of Idaho, do hereby certify that the above and foregoing is a full, true and complete
audit of the General Municipal Election completed on the 2nd day of November 1993, as shown by the records now on file in the
office of the County Clerk.
ATIEST:
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CLERK
We, the councilmembers of the City of Ammon, State of Idaho, have examined the audit of the General Municipal
Election held on November 2, 1993, and do hereby state that we believe the foregoing to be a true and complete record of
all votes cast within this city at s . " as shown by the records now on file in the office of the County Clerk.
Whereunto w nds t . 4th Day of ovember, 1993.
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November 18, 1993
the deed to the property where the storm drain system is located. Any problem
about the drainage area can be worked out with the developer. The Planning and
Zoning Commission does not need to become involved with the storm drain system,
but they need to recommend about the zoning. Williams Street has been paved.
Claims were approved. Councilman Crandall moved to adjourn the meeting, and the
motion was seconded by Councilman Hall. The meeting was adjourned at 9:10 P.M.
Q-D
ATTEST
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CITY CLERKpI
CITY OF AMMON
November 18, 1993
Minutes of the Regular Meeting of the Mayor and City Council:
The Meeting was called to order at 7:30
lowing City Officials present:
Mayor C. Bruce Ard
Councilman Marvin J. Anderson
Councilman Harvey Crandall
Councilman Greg J. Maeser
P.M. by Mayor C. Bruce Ard with the fol-
Attorney W. Joe Anderson
Fire Chief Cal Smith
Public Works Foreman Rick Williams
City Clerk Aleen C. Jensen
Others Present:
Den Mother Mikki Martin, 2935 Sawtooth, Ammon
Cub Scouts Ben Fuhriman, Zach Martin, and Michael McIsaac
M. Ritter
Sheri Wise, Manager of Teton Plaza Mobile Home Park
Tim Kaser, 2600 Salmon Street, Ammon
Mike Armstrong, Custom Construction Company
Planning and Zoning Commission Members Ron Folsom, Brian Taylor, Dixie Cutforth,
Dick Bybee, Jim Southwick, and Kathy Dansie
Absent: Councilman Ira K. Hall
Engineer David E. Benton
Public Works Director David Wadsworth
The Pledge of Allegiance to the Flag was directed by Councilman Maeser, and the
invocation was offered by Councilman Crandall.
The Public Hearing to consider the request for rezone of Cantlon Properties which
was scheduled for this meeting was reset to Thursday, December 16, 1993. Attorney
Anderson explained the fifteen day hearing notice requirement was not adequately
met. There was no discussion on the Cantlon Properties proposed development at
Hitt Road and East 17th Street.
Planning and Zoning Commission members Bybee, Cutforth, Folsom, Taylor,
Southwick, and Dansie obj ected to the action of the City Council to grant a
sideyard variance to Douglas Isbell, 2045 Ross Avenue. Jim Southwick acted as
spokesman to voice the obj ections. The City Council granted the variance in
violation of the City Code and against the unanimous recommendation of the
Planning and Zoning Commission. Southwick quoted from 1. C. 67-6516 - "Each
governing board shall provide as part of the zoning ordinance for the processing
of applications for variance permits. A variance shall not be considered a right
or special privilege, but may be granted to an applicant only upon a showing of
undue hardship because of characteristics of the site and the variance is not in
conflict with the public interest." The City of Ammon has established zoning
ordinances and the City Council violated the ordinances when the Isbell variance
was granted. It was recommended that the City Council take immediate action to
correct the violation as specified in C. C. 11-6-8 "Notice to Correct". Council-
man Crandall called attention to the Council's request for the Planning and
Zoning Commission to review the sideyard requirement for accessory buildings in
the RP zone and consider a change from twenty feet to ten feet. Southwick
pointed out that people have purchased land and built homes under the RP zone and
because the Council violated the ordinance does not justify changing the violated
ordinance.
Mike Armstrong of Custom Construction Company represented the developers of
Pheasant Estates to request an amendment to their planned unit development (PUD).
They propose to continue development according to the original layout but change