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Council Minutes 08/02/1984 July 19, 1984 Aug. 2, 1984 270 Legal description of property: Lot 7 Block 1 Chambers Addition City of Ammon Bonneville County, Idaho Delinquency Certificate No. 7-77 for 1978 Installment Delinquency Certificate No. 4-79 for 1979 installment Delinquency Certificate No. 4-79 for 1980 Installment Delinquency Certificate No. 1-81 for 1981 Installment Delinquency Certificate No. 1-81 for 1982 Installment Delinquency Certificate No. 3-83 for 1983 Installment TOTAL CERTIFIED FOR TAX ROLL $168.47 152.22 135.98 121.30 106.73 93.62 $778.32 I It was moved by Councilman Williamson and seconded by Councilwoman Dille that Resolu- tion No. 84-2 be approved and signed by Mayor Swensen; voting was Williamson yes, Dille yes, Monson yes, Quigley yes; motion carried. Mayor Swensen asked for input for preparation of the Fiscal Year 1985 budget which must be ready for public hearing in August. Following a review of a recommendation from the Planning and Zoning Commission re- garding an application for a special use permit filed by Greg and Beverly Colvin, a motion was made by Councilwoman Dille and seconded by Councilman Williamson that the application be refused because City ordinance does not allow addition to non-conforming uses; voting was Dille yes, Williamson yes, Quigley yes, Monson yes; motion carried. Items mentioned in reports by the Council members, City Engineer, and Public Works Director were concerned with the INEL bus stop location on 17th Street, a dance at the tennis courts, improvements for the McCowin Park picnic shelter, the schedule for the current UP&L rate-case hearings, street repairs on Molen Street, and the purchase of a used tractor and mower for cutting weeds. Approval was given on elaims to pay in the amount of $18,637.23 and disbursements made since the previous meeting totaling $22,465.03. I A motion to adjourn was made by Councilman Williamson and seconded by Councilman Monson; voting was all in favor; the meeting was adjourned at 10:40 P.M. ?~ /~. ' ATTEST, ~ .. 1 CI CLERK ~ J1..~ /MirOR CITY OF AMMON Aug. 2, 1984 , Minutes of the Regular Meeting of the Mayor and City Council: The meeting was called to order ~t following City Officials present: Mayor Russell N. Swensen Councilman Robert D. Williamson Councilman Merle J. Quigley Councilwoman Carol A. Dille 7:35 P.M. by Mayor Russell N. Swensen with the Absent: Councilman Thayle D. City Clerk DeonHemingway Public Works Director Hayse Attorney W. Joe Anderson Engineer David E. Benton Planning Commission Member Monson L.Whiteley J. H. Southwick Others present during the meeting were: Bill Powell, KUPI Radio Station David Plourde,KTEE Radio Station Joan Cartan and Quincy ~ensen, KID-TV Deborah Latish, The Post-Register Chris Waddoups, 240 Tie Breaker Dr. Jeff & Susan Eaton, 130 Tie Breaker Dr. John & Vary Walter, 670 Match Point Dr. Rick L. Jones, 315 Luv Place Sharon Huskinson, 270 Tie Breaker Dr. Leda Webster, 2950 E. 1st St. S. E. Everett, 370 Tie Breaker Dr. Michael & Pamela Barainca, 395 Racquet Pl. Mr. &'Mrs. Larry E. Hunt, 3086 E. 1st St. Ted & Sherry Bohn, 2085 Midway Ave. Rodney Roberts, Rt. 8, Idaho Falls David Craig, 3725 Georgia Lane Merrill E. Walker, 3874 Brookfield Lane Dewain Silvester, 3570 Brookfield Lane Attorney Michael R.' Orme Horace & Theone Smith, 2150 Ammon Rd. Attorney Marvin Stucki, 3660 Georgia Lane Wm. McQuillen, 660 Kimberley Dr. Reed Lemons, Box 25, Ucon Ernie Burby, 1514 S. Woodru ff, Idaho Falls I I ~ (() f'-- U <t <:t I I Aug. 2, 1984 271 Don & Lawana Nielsen, 2860 E. 17th St. Wanda Mohr, 2295 Midway Ave. Steven & Sharel Judy, 2330 Ammon Rd. Glen Ervin Southwick, 2690 Ammon Rd. Vic & Darlene Wenczel, 3720 Georgia Ln. David Weller, 2365 Midway Ave. Lorie Lundblade, 3480 San Carlos St. Merle Driggs, 3640 Georgia Lane Betty Priest, 3683 E. 17th St. Gary Payne, 3460 Taylorview Ln. Dave Groberg, 3350 Southwick Ln. Calvin R. Nelson, 650 Kimberly Dr. ~elvin & Dixie Richardson, 3725 Brookfield Bert and? Dalling, 660 Kimberly Dr. Brett D. & Katherine Judy, 2310 Ammon Rd. Edie Hines, 675 Farnsworth Brad H. Hall, 1895 Cabellaro Dr. Craig Strain, 3465 Senoma Circle Leo W. & Yvonne Downard, 1990 Sabin Dr. Brent L.Wahlquist, 3400 Owen St. Michael Jones, 1805 Midway Ave. Paul Bunnell, 2145 Sabin Dr. I-Iarlmv McNamara, 2760 Ammon Rd. Don & Evelyn Adams, 34L~0 San Carlos St. Lorna Hill, 3345 Southwick Ln. John & Carol VanDyck, 3290 Circle S Dr. Roland & Joy Romrell, 3290 Molen St. Keith C. Turnbow, 3640 Ross Ave. Stephen W. Duce, 2815 Ross Ave. Delma Mitchell, 3340 Southwick Ln. The meeting was opened as a continl~tion of the public hearing on an application for a special use permit filed by Brent Alder representing P.M.S.I. of Salt Lake City, requesting permission to locate a sports mall along First Street in Division No.3 of Tie Breaker Village Addition. The original hearing held on July 5, 1984, had been recessed until this date. In accordance with City Ordinance No. 191, the citizens present who desired to make comment were sworn in as a group. Mayor Swensen explained that, following the last meeting on this subject, he sent a letter to Mr. Alder listing the 13 items that the residents had presented and informing him of the continuation of the public hearing until Au,.gust 2, with a copy of this let ter having been furnished to Mary Walter as a representative of the residents in the Tie Breaker area. The Mayor also reported that he had a recent telephone conversation with Mr. Alder who indicated that he intended to respond to the letter mentioned earlier and to come here to meet with the residents again as soon as possible. Mary Walter suggested that the special use permit be denied at this time inasmuch as Mr.Alder was not present to answer questions and provide more information, then he could re-submit the application later if he desired to do so. Susan Eaton and Steve Everette indicated agreement with this suggestion. Sherry Bohn stated her feelings that good businesses like this are needed in Ammon and that her family would especially appreciate having a complex with an Olympic-size swimming pool. Jeff Eaton expressed a willingness to work with the de- veloper, but since Mr. Alder has not been at the public hearing meetings, it is still not known what the plans are for the buildings in the complex. Councilman Williamson pointed out that the City can only enforce the conditions of the Uniform Building Code, so specific details about the construction of the buildings is not a matter of concern in regard t'o the special use permit. A motion made by Councilman Quigley and seconded by Councilwoman Dille to recess the hearing until August 16 in order to meet with Mr. Alder and get his input about the project was killed by a vote of: Councilman Quigley yes, Councilwoman Dille no, Councilman Willi&~son no. Councilman Williamson moved to grant a special use permit to P.f1.S.I., represented by Brent Alder, for a sports mall in an R-l Zone alo~g First Street in Division No.3 of the Tie Breaker Village Addition, with the conditions as recommended by the Planning and Zoning Commission and including Items No.8, 9, 10, 12, and 13, from the list submitted by the residents of Tie Breaker, thus making the conditions required as follows: 1) Close and atandonthe proposed east-west street (Forehand Street) off Tie Breaker Drive 2) 50 ft. front setback from First Street 3) 30 ft. landscaped buffer on east, south, and north boundaries 4) Minimum 80 ft. from nearest residential property line to any building 5) Access to First Street by Backhand Drive and a second access not less than 100 feet west of property line on Lot 1 Block 2, Tie Breaker Village Division No.1 (130 Tie Breaker Drive) 6) Annual review 78) Development to be completed within three years ) 6 ft. masonry barrier wall on east development property line 9) Night security for development 10) No unsightly trash--grounds picked up from trash 11) No flashing lights, neon signs 12) Lighting for parking area to be diffused lighting mounted in interior of parking lot wall with fixture mounted and diffused from interior' walls 13) Lighting for tennis courts to be directed away from residences by canvasing all exterior walls of tennis courts The motion was seconded by Councilwoman Dille; voting was Williamson yes, Dille yes, Quigley yes; motion carried. It was noted by Engineer Benton that, if the conditions are accepted, a final plat for Tie Breaker Village Division No.3 will have to be submitted and approved, with public hearir~s before the Planning and Zoning Commission and the City Council, before any building permits can be issued. The public hearing was closed. August 2, 1984 272 The meeting was reconvened at 8:55 P.M. in the Ammon Elementary School auditorium for the purpose of holding a public hearing, as advertised, on an application to appear before the City Council sitting as the Board of Adjustments to appeal the decision of the City Zoning Administrator (Building Official) granting Building Permit No. B84-16 for a moved-on house on the Floyd Harris lot, located on Ammon Road between existing house numbers of 2150 and 2310 Ammon Road. The petition to appeal was signed by Horace E. and Theone Smith of 2150 Ammon Road, with Michael R. Orme as Attorney. The building-permit applicant, Wm. McQuillen, was represented by Attorney Marvin R. Stucki. The different people who participated in the hearing were sworn in individually by Mayor Swensen before they made presentations or comments. In his opening remarks, Attorney Orme reviewed the reasons for the appeal as follows: the structure is less than 1,000 square feet which is the requirement in the RP-A Zone (City Ordinance 11-11-7), the log structure I is incompatible with the objectives and characteristics of an RP-A Zone (City Ordinance 11-11-1), and moving standards have not been complied with (City Ordinance 11-5-26). The application for appeal with its accompanying exhibits and petitions containing at least 299 signatures, according to Attorney Orme, were made a matter of record. Theone Smith expressed concern about the effect that the old log house, which is now sitting on the lot on the moving equipment, would have on property values, saying that it "looks like a pile of junk". Don Nielsen, who explained that he recently retired as an appraiser with Bonneville County, read a statement prepared by Brent Bradshaw of the County Assessor's Office who was not able to be present. The statement presented the opinion that the property values in the area would immediately decrease by 23% with the placement of the log house on the lot. Brad Hall of 1895 Cabellaro Drive indicated that the houses in the Westwood Addition, where his home is located and which is immediately north of the Smith property, are worth $75,000 to $90,000 and stated that he would be surprised if the old "log cabin" did not depreciate the property values in the area if it is allowed to stay. Steve Judy of 2330 Ammon Road noted that he was raised in Ammon and it was distressing to him that a log home that is an eye-sore and lowers property values can be moved into the City. He acknowledged the existence of a log grainery and a small log house that have been in the neighborhood for a long time which he felt were not degrading in any way. Glen Ervin Southwick of 2690 Ammon Road also referred to the log structures which were built in about 1941, stating that they were an improvement over the homes that people lived in previous to that time, but he did not feel that the log house under discussion was upgrading to Ammon and he did not believe that it could be improved to look better. Craig Strain of 3465 Senoma Circle noted that he had moved into the Westwood Addition because of good protective covenants there. He explained that he was a landscape contractor and had experience with property I values dropping even with special landscaping in a mobilehome area where he previously lived and was of the opinion that there was no way that landscaping could bring up the value on this particular log home. Attorney Marvin Stucki offered the information that he lives in Ammon on Georgia Lane and that he was ready to proceed with the testimony without further remarks. Ernie Burby, a certified appraiser, answered questions about an appraisal he had made for Mr. McQuillen, indicating that the appraised value of the log house and lot with planned improvements was $46,000 and that the pYrchase price of the house was $1,000 and the lot $11,500. He stated that his measurements of the house as it is figures an area of 1,021 square feet and there would be 1,181 square feet when an addition is completed. Photographs were presented by Mr. Burby to illustrate his opinion that the log house being discussed would be in character with other houses and structures in the vicinity and to show other "solid wood homes" in the Idaho Falls area on which he had appraised-value information, with his remarks contending that the presence of solid wood homes does not devalue other properties. Reed Lemons explained that he has been in the house-moving business for over 25 years and had moved the log house from its previous location to the lot in Ammon after having been assured that the permit was in order. In his prepared statement, he noted that the house had moved well and he thought, with its uniqueness and good sound structure and the planned remodeling, it would add to the area's property values instead of detract. In response to questions about moving homes into Ammon in the past, Mr. Lemons acknowledged that he was not aware of a moving permit having been brought to the City Council as the Board of Adjustments for approval prior to this instance. Hayse Whiteley, City Building Official and Inspector, answered questions about the issuance of the building permit which was dated June 18, 19841 stating that he did not see the house until it was on the lot on the moving equipment and that Mr. McQuillen told him that the home had 988 square feet of space but actual measurements came to 976 square feet and the intended addition and enclosing of the porch would bring the dwelling area over the required 1,000 square feet. William JV!cQuillen related his experiences in arranging to buy the log house, which stood for many years on the North Yellowstone Highway in Idaho Falls next to the present location of "Burger King", and finding just the right lot for it, and of its special attraction for him because of its rustic and historic nature. He told about meeting with Mr. Whiteley to get a building permit and proceeding with his plans before he realized there would be a problem with the adjoining property owners which resulted in the appeal being filed. Attorney Stucki concluded with a review of the information presented in behalf of Mr. McQuillen and presented the photographs and statements of the various participants as exhibits for the hearing. Citizens in the audience who made comments both for and against the log house being allowed to stay were Merrill Walker, Jim Southwick, Michael Jones, David Groberg, Dixie Richardson, Lance Minor, and Lorie Lundblade. Mayor Swensen closed the hearing at 11:50 P.M. City Attorney Joe Anderson asked that Attorney Orme I ~ to r....... () <X <:t: I I Aug. 16, 1984 Aug. 2, 1984 27R and Attorney Stucki prepare briefs to be delivered to the City no later than August 13 so that the City Council can make a decision on this matter and issue findings and fact at the next meeting on August 16. The City Officials returned to City Hall and heard reports on various City business. Claims to pay were approved in the amount of $24,036.1p along with vouchers for ex- penditures since the last meeting totaling $19,881.40. A motion to adjourn was made by Councilwoman Dille and seconded by Councilman Williamson, with voting all in favor. The meeting was adjourned at 1:05 A.M. ATTEST, ~4Y CITY CLERR ~~ 11.~~ M OR CITY OF AMMON Aug. 16, 1984 Yinutes of the Regular Meeting of the Mayor and City Council: The meeting was called to order at 7:30 P.M. by Mayor Russell N. Swensen, with the following City Officials present: Mayor Russell N. Swensen Councilman Merle J.Quigley Councilman Robert D. Williamson Councilwoman Carol A. Dille Councilman ,Ths,yle D. Monson Others present during the meeting were: Mary Walter, 670 Match Boint Dr. Betty Priest, 3683 E. 17th St. John & Lorie Lundblade, 3480 San Carlos Horace & Theone Smith, 2150 Ammon Rd. Brad H. Hall, 1895 Cabellaro St. Yichael E. Jones, 1805 Midway Ave. Sharel Judy, 2330 Ammon Rd. The pledge of allegiance to the flag was directed by Mayor Swensen and the invocation was given by Councilman Monson. Minutes of the meeting on May 17, 1984, were approved as prepared. City Clerk Dean Hemingway Public Works Director Hayse L. Whiteley Engineer David E. Benton Attorney W. Joe Anderson Planning Commission Member Kathy Dansie Sherry Bohn, 2085 Midway Ave. Carolyn Bjornson, 3670 Brookfield Ln. Lawana Nielsen, 2860 E. 17th St. Bert & ( ) Dalling, 660 Kimberly Dr., Paul Bunnell, 2145 Sabin Dr. Taft Barrington, 21 S.Main, Logan, Utah Idaho Falls As the first matter of business, it was mentioned that briefs had been filed by Attorneys Michael S. Orme and Marvin Stucki following the public hearing on August 2, 1984, on the petition appealing the decision of granting Building Permit No. B84-16 to William McQuillen. After considerable discussion and with the advice of the City Attorney re- garding the wording to be used, Councilman Williamson moved that the Findings of Fact, Conclusions and Order be as follows: 1. That a building permit was issued by the Building Administrator of the City of Ammon to William McQuillen, dated June 18, 1984, to move a log home onto the lot on Ammon-Lincoln Road, Building Permit Number B84-16. 2. That the petitioners, Horace E. Smith and Theone Smith, filed a Notice of Appeal from the decision of the Zoning Administrator in issuing said permit on July 2, 1984. That the filing of said appeal was timely. 3. That Horace E. Smith and Theone Smith have standing to make such appeal under the zoning ordinance of the City of Ammon and the laws of the State of Idaho. 4. That the application by Mr. McQuillen to move a structure was not heard by the Board of Adjustment of the City of Ammon and no findings made thereon. That the requirements of 11-5-26 of the Ordinances of the City of Ammon were not complied with in obtaining the permit for the moving of the building. That from the evidence introduced, the Board finds that the building proposed to be moved is not in conformity with the type and quality of buildings existing in the area to which it is proposed to be moved. 7. That the proponent and applicant for the moving permit stated that the intent was to have a country-type rustic life style and that such style and appear- ance of the dwelling home proposed to be moved is ,incompatible at the location with the other structures in the area. 8. That the proposed structure to be moved does not conform to the RPA zoning requirements of the zone where it is proposed to be located in that the size is required to be 1,000 square feet at the time of moving and that such dwelling home does not contain 1,000 square feet. 9. That the dwelling proposed to be moved would not be compatible formity with the type and quality of buildings existing in the which it is proposed to be moved, and that it would depreciate those buildings in the surrounding area. 5. 6. and in con- area into the value of