Council Minutes 9/12/2006 (138)
I
I
I
81
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.
O-D
ATTEST
ti~-,J ~.
CITY CLERKi
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
82
November 18, 1993
to single story townhouses with about 1200 square feet of living space and double
car garages. This would reduce the density. The Planning and Zoning Commission
recommended approval of the proposed amendment. The Council decided to schedule
a review of the amended plans by the City Council acting as the Board of
Adjustments as an agenda item on December 2, 1993.
Councilman Maeser expressed concern about the informal request of Jay Johnson to
add an apartment to the single family dwelling under construction at 2200 South
Ammon Road. The property is zoned R-2 which allows multiple family dwellings but
the frontage requirement is one hundred feet (100'). The Council gave Mr.
Johnson the impression that there is no problem with an apartment, but they
failed to consider the frontage requirement since the frontage of that lot is
only eighty feet (80'). Mr. Johnson needs to receive a clarification of the
zoning ordinance.
Reports: Councilman Maeser inquired if the Ammon Road fence problem has been
solved. Mayor Ard asked Resident Engineer Ed Bala to visit the project and
review the fencing. The City would like the fence to look good and have
everybody happy.
Councilman Crandall recommended the maintenance agreement on the Canon copier
be renewed for another year. Larry Rawlins of Directive Data has offered an
Annual Software Maintenance Agreement on the programs the City is using for
budgetary, utility billing, and payroll. The Council discussed whether or not to
take advantage of an annual agreement to keep the programs updated. Councilman
Maeser moved to enter into a software maintenance agreement with Directive Data.
The motion was seconded by Councilman Crandall. Roll call vote: Maeser - Yes;
Crandall - Yes; Crandall - Yes; Anderson - Yes. The motion carried.
The discretionary power of the City Council was discussed. Attorney Anderson
agreed to do some research and give the City Officials a legal opinion.
The Association of Idaho Cities 1993 Academy for City Officials and the Annual
Legislative Dinner will be held Tuesday, November 23, 1993. Legislators Melvin
Richardson and Tom Loertscher have been invited to be guests of the City of
Ammon. Claims were approved.
Councilman Crandall moved to adjourn the meeting, and Councilman Maeser seconded
the motion. The meeting was adjourned at 8:40 P.M.
o~
ATTEST
~J C. Q~sJ
CITY CLERK ~
I
I
I