Loading...
Council Minutes 9/12/2006 (131) 50 CITY OF AMMON August 5, 1993 Minutes of the Public Hearings and Regular Meeting of the Mayor and City Council: The meeting was called to order ing City Officials present: Mayor C. Bruce Ard Councilman Ira K. Hall Councilman Greg J. Maeser City Clerk Aleen C. Jensen at 7:30 P.M. by Mayor C. Bruce Ard with the follow- Attorney W. Joe Anderson Engineer David E. Benton Public Works Director David Wadsworth Fire Chief Cal Smith Councilman Marvin J. Anderson was absent for part of the meeting, but he arrived at approximately 9:15 P.M. I Others Present: Gordon and Danny Sorenson, 3776 Marlene, Ammon Robert and Caleb Beck, 3885 East Sunnyside Road, Ammon Ken Shepherd, 2475 Midway Avenue, Ammon Leanna R. and Vern Hare, 3250 Rawson, Ammon Leonard, Janet, and Nathan Powell Kim and Tyson Noreen Tom and Cherlyn Bird, 2200 East Olympic Avenue, Idaho Falls Ralph Hartline, 3615 East Sunnyside Road, Ammon Lance Flegel, 2855 Teton Street, Ammon Sheriff and Mrs. Byron Stommel Michael Nye, Utah Power Absent: Councilman Harvey Crandall The Pledge of Allegiance to the Flag was directed by Mayor Ard, and the invocation was offered by Councilman Maeser. The meeting convened with a lack of quorum, but quorum was present before the meeting adjourned. Mayor Ard opened the Public Hearing to consider the request for a lot width variance by Cory J. Brighton on the lot described as the North 90.0 feet of the West 78.375 feet of Lot 8, Block 7, Original Townsite of Ammon, County of Bonneville. Proper notice of the hearing was made. The Planning and Zoning Commission reviewed the I request at their meeting of July 6, 1993, and they recommended to the City Council to grant a variance to Cory Brighton ~o. al~ow him to build a house facing Rawson Street- on a lot with 78.375 feet of frontage. Vern Hare, Leanna Hare, and Cory Brighton were sworn in by Mayor Ard to present testimony. The lot is small and owners have experienced difficulty in fitting a house on the lot. As a result, the lot has been left vacant, and it is overgrown with weeds. Several years ago there was a trailer house on the lot and apparently it was served by City services. Vern Hare, 3250 Rawson Street, stated he was the adj acent property owner on the east. He expressed opposition to the variance due to the smallness of the lot, and there are two large pine trees separating the Hare property and the Brighton property. It is hard to determine whose property the trees are on. Also, there is a large cottonwood tree on the southern portion of the lot. If a house were built there, the trees would probably need to be removed. Hares do not want to lose the pine trees. Leanna Hare expressed opposition and commented "all the neighbors are opposed." Hares are in possession of letters from the neighbors expressing opposition, but they did not turn them into the City Office. Cory Brighton stated he had searched for a house plan to fit the lot. The plan he intends to use was the only one that he was able to find. If it faces Rawson Street, he can meet all the zoning setbacks except the lot needs to be 1.625 feet wider to conform to the eighty (80) feet width requirement in an R-l zone. He believes he can save the pine trees by trimming them. The house would greatly improve the area. He plans to live in the house and become a good citizen of Ammon. I He asked if there is a grandfather clause to cover the property because there are remains of a foundation from the trailer house. Mayor Ard called for additional testimony. There was none so he closed the Public Hearing. Action on the request was delayed until August 19, 1993. Robert Beck, father, introduced Caleb Beck, Nathan Powell, and Tyson Noreen. The three boys were involved in an incident in Peterson Park. They were on the roof of the restrooms, and they pulled off a few pieces of the roofing material. They appeared before the Council to apologize for the wrong doing. Caleb, Nathan, and Tyson each said "I'm sorry." The roof has been repaired, and the Council asked the boys to report to Public Works Director David Wadsworth to do some community service. Councilman Maeser encouraged the boys to warn their friends that acts of vandalism are wrong. Mayor Ard reminded the boys that City facilities are built with taxpayer monies, and their parents are the taxpayers. I I I 51 August 5, 1993 Lance Flegel, 2855 Teton Street, requested Council approval for the following Eagle Scout project: The Project: I want to paint approximately 19 crosswalks in Ammon City around the four schools. Who Will Benefit? How Will They Benefit?: First of all, the school children will benefit by having crosswalks near the schools to get to their homes safely. They will know where to cross instead of jay- walking in unsafe places on the streets in our city. Second, the schools will benefit by increased security for the children and less likelihood of liability for inj uries. Last of all, the City of Ammon will have a decreased work load so they will have time to focus on other problems like the major roadwork that is needed after such a hard long winter. What Official From The Group Benefited Will Be Contacted For Guidance In Planning The Project?: David Wadsworth is the Ammon City Maintenance director. I will be coordinating my efforts with him. I will also be working with the Ammon City Council and Idaho Traffic Safety. How Many People Will Be Recruited To Carry Out The Project?: I have the Boy Scouts, Varsity Scouts, and Explorer Scouts from our ward to help. I also have scout leaders and various adults to help support me in this project. Lance presented a sketch map of the crosswalks to be painted, and he requested the City to pay for the paint for the project. The paint costs about $10 per gallon, and it will take about a gallon of paint per crosswalk. The Council discussed the project details with Scout Flegel. Authorization was granted for the project, and the City agreed to pay for the paint. At approximately 8: 00 P.M., Mayor Ard opened the Public Hearing to consider a request of Tom Bird for annexation and initial zoning of two lots at the south end of Ross Avenue. Proper notice of hearing was made. Tom Bird was sworn in to give testimony. Tom Bird Addition, Division No.1, City of Ammon, Bonneville County consists of two long, narrow lots. Lot 1 contains 2.39 acres and Lot 2 contains 2.87 acres. The zone requested if R-1 with Overlay 6 to allow animals. Development plans include a cul-de-sac between the two lots which is an extension of Ross Avenue. A road easement will be granted beyond the cul-de-sac to the property line on the south. This will provide access in case of any future development of the farmland. The addition will be connected to the City sewer and water for culinary purposes. Irrigation water rights go with the property. No one was present to give input for or against. The Planning and Zoning Commission conducted a Public Hearing on July 6, 1993, to consider the request, and they recommended approval. Mayor Ard closed the Public Hearing. Action was delayed until the City Council had a quorum present. Sheriff Stomme1 was invited to the meeting to visit the Mayor and Council about law enforcement in Ammon. A contract for service has not been in place for the 1993 fiscal year probably due to oversight and a new sheriff taking office. Sheriff Stomme1 confirmed that the City of Ammon should pay for 1993FY and 1994FY according to the amount specified in the last signed agreement dated October 1, 1991, for the 1992FY. Prior to entering into the 1995FY the Sheriff and City Officials can review the law enforcement agreement to make any adjustments deemed necessary. Sherif Stomme1 reported his office normally sends a report of activity in Ammon to the City each month. Due to conversion in their computer system, it has been difficult to obtain this report. Therefore, Ammon has not been receiving timely reports. Activity in Ammon was discussed. Councilman Maeser suggested an officer visit Council meeting occasionally to discuss problems. The Sheriff stated if there are problems to be sure to call the information to him. Future plans to utilize reserves were discussed. Ralph Hartline, 3615 East Sunnyside Road, has been looking for a pasture for his horses. He has talked to Lennis Tirrell about renting the property on the northeast corner of Ammon Road/Sunnyside Road. The zoning on the property has recently been changed to C-1, and he questioned if the City would still allow horses. The property has been used for horses for a number of years. Attorney Andersn advised the change of zone is not as important a factor as the size requirement. The ordinance states there must be 5000 square feet per animal, so the property meets the size requirement. Mayor Ard stated there should not be a problem to continue to use the property for an animal, but adequate fencing is a must. A second question was concerning the water connection and faucet which Lennis Tirrell had stubbed in during Ammon Road construction. It was determined Tirrell is responsible to pay the water connection fee, but Mr. Hartline should pay to use water for his animals. The City Office was asked to notify Hartline of the amount to pay. 52 August 5, 1993 Sealed bids for a new fire truck were opened at 2:00 P.M. on July 30, 1993. There were two (2) bids received for a fire truck. Pierce Fire Equipment submitted a bid for a 1250 GPM Pumper in the amount of $105,138.00, however, the bid did not comply with the City specifications. Emergency One Enterprise (W. K. Mack Enterprises, Inc.) submitted a bid in the amount of $107,377.00 which met the City specifications in all respects. The Council discussed the two bids and expressed their unwillingness to accept a bid that did not meet the bid specifications. Of critical importance to the Council was the fact that the pumper from Pierce was tested at an altitude of 4500 feet and not 5000 feet as requested in the specifications. The Pierce bid also had a galvanized steel firebed, and not aluminum as requested in the specifications. This was also deemed critical. The Council was very reluctant I to consider a bid that had taken total exceptin to the bid specifications and that did not provide for some of the specifications that were considered to be essential to the needs of the Fire Department. The Council also noted that the terms of payment for the Emergency One bid allowed for a pre-payment option of 6% which would effectively reduce the amount of the bid to less than the amount bid by Pierce. The Council further noted that the Emergency One bid had met the specifications in all respects including the areas that the Fire Department felt were essential or critical to the pumper's long term use. Public Works Director Wadsworth called Councilman Anderson to see if he had returned home and could come to the meeting to make quorum so the Council could act on matters of business. Councilman Anderson arrived at the meeting at approximately 9: 15 P.M. Attorney Anderson advised he could vote on the matters of business if he was familiar with all the circumstances and felt comfortable about making a decision. Information on the fire truck bids was reviewed for Councilman Anderson. Councilman Maeser moved to accept the bid from W. K. Mack Enterprises, Inc. for Emergency One Enterprise in the amount of $107,377.00 for the reason that it complies with the specifications requested and deemed important to the City. The motion was seconded by Councilman Hall. Roll call vote: Maeser - Yes; Hall _ Yes; Anderson - Yes. The motion carried. Fire Chief Smith requested permission to add a spot light at the extra cost estimated at $200. It was recommended that the light be purchased separately from the bid. The Council authorized Fire Chief Smith to telephone the successful bidder to order the fire truck. I Since Councilman Anderson was familiar with Tom Bird's request, and there was no opposition, the Council acted on the matter. Councilman Hall moved to approve annexation of the Tom Bird Addition Division No.1 to the City of Ammon to be zoned R-l with Overlay 6 to allow animals and to direct Attorney Anderson to make an annexation ordinance. The property is legally described as follows: Beginning at a point that is N.89024'01"E. 1022.94 feet along the E- W center line through Section 35 from the West one-quarter corner of Sec. 35 T. 2 N., R. 38 E.B.M. and running thence S8040'37"W. 151.99 feet to a line that is 150 South and parallel to said E-W center line thence N89024'01"E. 1592.57 feet to the West Right-of-way line of the Union Pacific Railroad; thence N.Oo32'30"E. along said R-O-W line 163.04 feet to the present South City Limits of the City of Ammon, said point being also the existing Southeast Corner of Lot 14 Block 1 of the Warren Bird Subdivision and running thence along said line S.8r37'58"W. 749.87 feet and N.Oo25'32"W. 10.10 feet to the existing Southeast Corner of Lot 22 Block 2 of the Arnold Wadsworth Addition Div. No.2; thence N. sr 33' 02"W. 324.31 feet along said South line of said lot and the South line of the City of Ammon; thence S.Oo25'32"E. 17.26 feet to the E-W center line through Section 35; thence S89024'01"W 494.85 feet to the point of beginning containing 5.53 acres. The motion was seconded by Councilman Maeser. Roll call vote; Hall - Yes; Maeser _ Yes; Anderson - Yes. The motion carried. I Mayor Ard, Councilman Crandall, and City Clerk Jensen prepared preliminary 1994 fiscal year budget figures for the Council to study and recommend any changes. Mayor Ard discussed the figures with the Council. All of the Local Improvement District bonds and coupons have been paid. There are some payments to the City outstanding, but these and any other left over funds can be transferred to General Funds by Council action. Reports: David Wadsworth reported for Public Works. H-K Contractors will probably repair the roads torn up as a result of the Ammon Road construction as soon as they complete some of the finishing details. The City crew plans to patch potholes on other streets, and they are currently working on Ross Avenue. Street rights-of- way are being moved. Property owners will be notified to mow weeds on their vacant lots or the City will hire someone to mow and bill the property owner. I I I August 5, Fire Chief Cal Smith reported there was a fire at Hillcrest High School. heads in a drier ignited and caused smoke damage in a confined area. 53 1993 Mop Engineer Benton discussed paving Williams Street and the City owned area near Hillview School. Bonneville Joint School District 93 has expressed an interest in participating with the City to pave their portion of the proposed area. Engineer Benton prepared a sketch map showing the area, and he recommended thirty- two feet (32') of pavement and establishing some drainage facilities. Specifications will be completed so the City can advertise for bids as soon as it is determined what the school district wants to do. Attorney Anderson submitted Ordinance No. 232 to amend Ordinance No. 216 on the flood plain program, and he recommended it be an agenda item for Council Meeting of August 19, 1993. Keith Austin, 3485 Rich Lane, contacted Attorney Anderson to obtain permission to put a sign on his driveway to designate it as a handicapped driveway. He was advised he could put up a sign as long as it is on his property. City Clerk Jensen called attention to matters needing additional action. These are: (1) An ordinance on the rezone for Trailwood Village; (2) A development agreement for Trailwood Village; (3) An addition to the development agreement for Ammon Meadows to include Division 2 and 3; and (4) a resolution for the installation of mobile homes. No further action is needed on the zone change for McCowins on East 17th Street. Mr. McCowin plans to wait until he gets some definite plans. Claims were approved. Richard Skidmore has requested a letter from the City to accept the Fox Hollow Subdivision. The acceptance has been delayed until a street light has been installed. Mr. Skidmore has made an agreement with Utah Power for the street light installation, so the Mayor directed that a letter of acceptance be written. Ken Neider, 1975 Cabellaro Drive, has a problem with the driveway to his four- plex on Ammon Road. He wants a correction or permission to construct his driveway off San Carlos Street. Mayor Ard told him to work out his problem with the contractor or to go ahead with moving his driveway. Attorney Anderson advised that when the zoning ordinance specifies under use "Other uses ruled by the City Council to be similar to the above listed uses and in harmony with the obj ectives and characteristics of this zone." that the City Council should make the decision as part of the building permit application. Councilman Maeser moved to adjourn the meeting, and the motion was seconded by Councilman Hall. The meeting was adjourned at 10:00 P.M. ~ ATTEST ~(!J~