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Council Minutes 9/12/2006 (116) I I I 5 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 6 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. I 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. I 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 I I I I furnished the Idaho Transportation Department, Highways. 7 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 8 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. ~ I ATTEST ~(!. Q-0~~ 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 I 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. I I I 9 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. 00 ATTEST /:~ (7 /) (,t..,~ ) F ,j 1-;-C-L4J /