Council Minutes 9/12/2006 (203)
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Book 7- 255
December 21, 1989
CITY OF AMMON
December 21, 1989
Minutes of the Regular Meeting of the Mayor and City Council:
The meeting was called to order
following City Officials present:
Mayor C. Bruce Ard
Councilman Michael B. Browning
Councilman Harvey L. Crandall
Councilman Greg J. Maeser
at 7: 30 P.M. by Mayor C. Bruce Ard with the
Attorney W. Joe Anderson
Engineer David E. Benton
Acting Public Works Dir. David Wadsworth
City Clerk Aleen C. Jensen
Others present were:
Orin Searle, 3055 Teton Street, Ammon
Riley F. Luster, 2495 Hillam Street, Ammon
James Southwick, Planning and Zoning Commission Member
Ira Kimball Hall, Chairman of the Planning and Zoning Commission
The pledge of allegiance to the flag was directed by Councilman Crandall, and
the invocation was offered by Councilman Maeser.
Orin Searle, 3055 Teton Street, and Riley F. Luster, 2495 Hillam Street, voiced
concern about three problems in their neighborhood. One, people do not care
for their dogs. They allow the dogs to run loose continuously, and they scatter
the garbage allover. Two, the residents at 3035 Teton Street are making a
junkyard out of their property. They accumulate lots of trash, and they never
clean it up. It appears they may even be conducting ~ed car business.
Three, cars race through the school parking lot in the middle of the night. In
the summer, this creates a dust storm. The Council agreed that the Animal
Control Officer would be alerted to more closely patrol Searle's and Luster's
neighborhood; the Mayor and Acting Public Works Director Wadsworth will visit
the property at 3035 Teton Street to make a recommendation; and the City and
Bonneville County Sheriff's Department will work together on the car problem
in the school parking lot.
Councilman Browning moved to approve the minutes of Council Meetings held
November 2, 9, 16, and 30, 1989, as written. The motion was seconded by
Councilman Maeser. Roll call vote: Browning - Yes; Maeser - Yes; Crandall -
Yes. The motion carried unanimously.
Engineer Benton plans to prepare a brief narrative to submit to Federal
Emergency Management Administration with the proposed amendments to Flood Plain
Ordinance No. 191.
Attorney Anderson amended the Joint Powers Agreement on Building Inspections,
and he submitted it to Steve Serr of Bonneville County for approval.
Councilman Browning moved to approve the renewal for 1990 of the retail store
and retail sale of wine and beer licenses for Circle K at 2545 East 17th Street,
Ammon Speedi Mart at 3490 East Sunnyside Road, and Triple S Convenience Store
at 125 South 2500 East. The motion was seconded by Councilman Crandall. Roll
call vote: Browning - Yes; Crandall - Yes; Maeser - Yes. The motion carried
unanimously.
A letter has been received from Robert L. Braun of the Idaho Department of
Health and Welfare, Division of Environmental Quality, stating that the State
Board of Health and Welfare approved three wastewater construction assistance
priority lists for fiscal year 1990. The City of Ammon's proj ect was ranked
number eight on the FY'90 State Grant Project Priority List (10/19/89), and our
community also appears on the Fy'9l planning portion of the State Revolving Loan
list. It is necessary for the City of Ammon to notify IDHW-DEQ regarding our
intentions for a Step 1 grant. David Wadsworth made a telephone inquiry about
this proj ect, and he was advised to confirm our interest by letter and to
complete an application. The grant is for an engineering study on a pumping
station and/or our infiltration problem. Councilman Browning and Engineer
Benton agreed to work up the necessary application.
The Council thoroughly reviewed the proceedings of the Public Hearing held
December 7, 1989, on the request of Kay and MarJean Reiman, 3155 Rawson Street,
for a Special Use Permit to allow them to enlarge their living area by
replacing their non-conforming single-wide mobile home with a double-wide unit.
After considerable public input on December 7, which expressed Reiman's need
to improve their home and encouraged the City Council to bend the rules to grant
a permit, action was tabled until Council Meeting on January 4, 1990. The
purpose of the discussion tonight was to determine what to do and how to do it
in order to be somewhat prepared for January 4. Attorney Anderson outlined as
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December 21, 1989
possibilities (1) amend the ordinances as far as non-conforming use and allow
rebuilding, replacement, extension of a non-conforming use with regulations;
(2) amend the ordinance on Special or C nditional Use Permits; and (3) change
the building code and adopt HUD standard for manufactured homes. Ira Kimball
Hall and James Southwick were invited to participate in the discussion to
provide the input from the Planning and Zoning Commission since everyone who
spoke on Dec. 7th was in favor and wante the permit granted immediately. When
the request came before the Planning a d Zoning Commission they unanimously
recommended denial, and there has been n change in their recommendation. Hall
encouraged looking at the intent and pu pose of the code to provide for long
range planning. Southwick brought out t grant such a permit has an impact on
all of Ammon, and it is important to h e unformity of applying the codes for
the benefit of the community. The powers of the City Council acting as the Board I
of Adjustments are specific, and the is no authority to violate the
ordinances. Reiman's request cannot be ranted as a variance or a Special Use
Permit. It appears a zone change is nec ssary to accomplish what they want to
do. However, the citizens do not want zone change but they are placing the
burden of responsibility on the City Coun il to find a way to grant the request.
If the request is not granted, they ill be very angry. The Council is
committed to provide some options, and he applicants have the obligation to
pursue them to the point of getting them in the posture so the Council can act
on. Attorney Anderson will research the issue and prepare a letter of opinion
with options for the City Council Meeting of January 4, 1990.
Reports: Attorney Anderson called atte
the copy of "Local Government Legal News"
Cities which invalidates ordinances that
utility bill on the liandlord. Ammon
changes, but such ordinances are not enfo
tion to the determination reviewed in
received from the Association of Idaho
lace the res onsibilit for a tenant's
oes not need to make any ordinance
ceable.
behalf of Verl Terry to
building permits in the
from F.E.M.A.
Attorney Steve Gardner contacted Attorn y Anderson on
request the City to remove the morator~ m on issuing
flood plain. Action was deferred pending! some response
Councilman Browning discussed the feasi ilit to
truck with or without the snow blade. i Probably
buyer for the unit instead of changing th blade.
Ius the four wheel drive
best way is to pursue a
Claims were approved.
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Councilman Browning moved to adj ourn th meeting. The motion was seconded by
Councilman Maeser. The meeting was adjou ned at 10:00 P.M.
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ATTEST
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CITY CLERK
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