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Council Minutes 06/18/1992 I I I Book 7-433 June 4, 1992 June 18,1992 Mayor. The Mayor encouraged the City Council to visit the pool occasionally to observe the operations. Francis Lee, a former City Councilman, died recently, and the Council authorized a sympathy bouquet to be sent to his family. Councilman Maeser requested Public Works Director Wadsworth to follow through on striping East 17th Street. City Clerk Jensen reported the City of Idaho Falls enters into Wakenhut Corporation for school crossing guards. The City of Department requires companies or individuals to obtain a permit fire hydrants. Claims were approved. an agreement with Idaho Falls Fire to use water from Councilman Hall moved to adj ourn the meeting, and the motion was seconded by Councilman Crandall. The meeting was adjourned at 8:55 P.M. ~ ATTEST ; I :/ ,c/?-<-IL-e ",J ?/ ~ /7 t'l.{~~/J ( . CITY CLERK CITY OF AMMON June 18, 1992 Minutes of the Regular Meeting of the Mayor and City Council: The meeting was called to order at 7:30 the following City Officials present: Council President Greg J. Maeser Councilman Marvin J. Anderson Councilman Ira K. Hall P.M. by Council President Greg J. Maeser with Attorney W. Joe Anderson Public Works Director David Wadsworth City Clerk Aleen C. Jensen Others Present: Brenda Hatch, 3200 Midway Avenue, Ammon Gerti Creighton, 2700 Wanda, Idaho Falls Donald J. and Kum Cha Gerhart, 4410 Wanda Street, Ammon Daryl and Holly Peterson, 4340 Mason Street, Ammon Don and Donna Miller, 4450 Mason Street, Ammon Shelby T. Beattie, 4373 Mason Street, Ammon Terry Taylor, 3130 Owen Street, Ammon Greg French, 4310 Wanda Street, Ammon Debbie Davis, 4445 Mason Street, Ammon Absent: Mayor C. Bruce Ard Councilman Harvey Crandall Engineer David E. Benton The Pledge of Allegiance to the Flag was directed by Council President Greg J. Maeser, and the invocation was offered by Councilman Anderson. Councilman Anderson moved to approve the minutes of City Council Meeting held June 4, 1992, as written. The motion was seconded by Councilman Hall. Roll call vote: Anderson - Yes; Hall - Yes; Maeser - Yes. The motion carried unanimously. Brenda Hatch, 3200 Midway, discussed the community recycling project scheduled for June 20 at McCowin Park. She requested the City to place two dumpsters by the collection area. This will be a trial run to determine the benefit and interest. The volunteer group involved with Mrs. Hatch will evaluate whether or not to continue such a project. Property OWllers in First Amended Plat of Mountain Valley Estates, Division No. 1 have obtained legal counsel and filed an appeal of Building Permit No. B92-33 issued to Robert Oyler to build a storage garage on Lot 24, Block 3. A formal hearing before the Board of Adjustment has been advertised for Thursday, July 2, at 7:30 P.M. Council President Maeser advised that no action would be taken on the appeal until after the July 2nd hearing, but he gave the citizens present an opportunity to express their thoughts. Daryl Peterson, 4340 Mason Street: I have lived year. My family and I moved to Ammon for one plenty of space and a beautiful place to live. in Ammon since November of this last particular reason because there was The life style was what we wanted. 434 June 18,1992 Having lived in the Salt Lake Valley for a number of years, this was a pleasant change for us. There were opportunities to live in other parts of the Idaho Falls area, but we chose Ammon for various reasons--space, the life style, the wide open- ess, the people, and the beautiful neighborhood that we found. We now find that it is threatened by what appears to us an improper building. The more we research what has happened, the more we find that there seems to be some effort by certain individuals in the Ammon area to push through this illegal structure simply for financial reasons, for the sale of land and reasons such as that. Since this garage that is being built on property that does not have a single family dwelling, and it doesn't appear from the size of the garage that any other home or anything at all could be built in that area that would meet the protective covenants, we feel that it significantly impacts our life style--the life style that we moved here for. It is being changed by the presence of this garage. By the time Ammon City is able to have their hearing on July 2, we feel that the garage will be completed. Therefore, I we would hope that Ammon City would consider notifying the builder of the garage that his permit would be temporarily revoked until the date of the hearing so that all parties would be protected. Mr. Oyler, the builder of garage, won't be incurring any greater expense than he has at this time, and it will relieve a lot of the stress and bad feelings that is being generated on Mason Street at this time because of the continuous construction that is going on. We hoped tonight to let you know our feelings, and we really hoped that there would be a way that there could be a temp- orary halt to any further construction of that garage until the issue is decided. Gertie Creighton, 2700 Wanda Street (Bonneville County) expressed frustration that they were forced to obey the law in building their home, but Mr. Oyler can disregard the law and do as he pleases. Verl Terry, developer, walks on the line and frequently steps over the line. The structure is enormous, and it affects the sale value of the other homes on Mason Street. Residents of the neighborhood don't know what to believe about Mr. Oyler. He has told people he doesn't plan to build a house. Debbie Davis, 4445 Mason Street, understood that Mr. Oyler did not have any strong plans to build a home. Holly Peterson, 4340 Mason Street, stated they would like to see the home built first because otherwise they have no guarantee there will ever be a home there. Donald Gerhart, 4410 Wanda Street, stated he was told the community was zoned so each I lot would have to have a house. He is at risk of loosing what money has been put into his house because both the contractor who is building these houses and Oyler . have no respect for anything that goes on in Ammon. I would like to see a temporary restraining order until this comes up on July 2 because this man has gone ahead and he is building. He is going to come in here to say look at all the money I've put in it. We gave him a copy of the letter of appeal before any work was done on that lot and he has gone ahead anyway. Mrs. Creighton has heard it said that Ammon does not enforce their ordinances. Councilman Hall addressed this issue and discussed the difference between protective covenants and zoning laws. Property owners enforce the protective covenants, and the City enforces the zoning laws. It was brought out that even the zoning laws do not and can not protect everything. Shelby T. Beattie commented he believed there should be a primary residence before a garage, and he suggested perhaps the City needs to take a closer look at the ordinance so such a large building is not allowed to be built before a residence. Discussion continued. Residents are of the opinion that the zoning laws were not followed when an accessory building was allowed to be built before the primary building. Also, they want construction stopped until the issue is settled. Attorney Anderson advised that the legal counsel retained by the property owners and the City's legal counsel both notified Mr. Oyler that any construction done after the appeal was filed would be at his own risk. Research is needed to determine if the City can legally issue a stay order on the construction. Councilman Hall asked if the adjacent property owners would be concerned about the storage garage if there was a residence already on the lot. They answered that there still would be concern, but Mr. Oyler would be within his rights. Residents petitioned to stop the building until after the hearing. I Attorney Anderson stated the appeal has been made, and possible. The next step is to consider a stop order. review the discussion and to ask for a legal opinion. as far as is possible tonight. it will be heard as soon as The Council has the right to The discussion has progressed Councilman Hall moved to ask Attorney Anderson to investigate the possibility of putting a stop work order on the building until the appeal is heard. The motion was seconded by Councilman Anderson. Roll call vote: Hall - Yes; Anderson - Yes; Maeser - Yes. The motion carried unanimously. Book 7-435 June 18, 1992 July 2, 1992 Attorney Anderson agreed to research and advise the Council about what authority they have and what they can do. Then the Council needs to decide whether or not to do it. Attorney Anderson reviewed the appeal and procedures with the City Council. Councilman Hall moved to authorize legal counsel to issue a stop order on Building Permit No. B92-33 issued to Robert Oyler pending the hearing on July 2 provided it is determined that it is within our authority to do so. The motion was seconded by Councilman Anderson. Roll call vote: Hall - Yes; Anderson - Yes; Maeser - Yes. The motion carried unanimously. Hillcrest High School has scheduled an outdoor dance on the west side of the school for Friday, August 21, 1992. I Reports: Public Works Director Wadsworth reported that Terry Merrill, 3785 Georgia Lane, is building a storage building without a building permit. He asked the Council for direction about how to handle. It was agreed that Mr. Merrill should be advised he must purchase a permit by 4:30 P.M. on Friday, June 17, 1992, or a stop work order will be placed on the building. If a stop work order is issued, the cost of the permit will be doubled. Fire Department problems were discussed. The fire engine has been taken to Jerry Bergeman & Sons Auto Repair for repairs. Councilman Anderson discussed weeds on the ditches, playground equipment, and spraying the parks. Residents have expressed concern about what Richard Birch is doing with the property at 2865 South Ammon Road. Claims were approved. Councilman Anderson moved to adjourn the meeting, and the motion was seconded by Councilman Hall. The meeting was adjourned at 8:35 P.M. ~p~~ L PR T ATTEST / '. . / ~ /~_c.vJ( ..../ -~~ CITY CLERK/ . I CITY OF MillON July 2, 1992 Minutes of the Board of Adjustment Public Hearing and the Regular Meeting of the Mayor and City Council: The meeting was called to order at 7:30 P.M. by Mayor C. Bruce Ard with the following City Officials present: Mayor C. Bruce Ard Councilman Marvin J. Anderson Councilman Harvey Crandall Councilman Ira K. Hall City Clerk Councilman Greg J. Maeser Attorney W. Joe Anderson Engineer David E. Benton Public Works Director David Aleen C. Jensen Wadsworth I Others Present: *Lynda M. Nelson, 4345 I1een Circle, Ammon Kathy Dansie (Planning and Zoning Co~mission Representative) *Dary1 and Holly Peterson, 4340 Mason Street, Ammon *Don and Donna Miller, 4450 Mason Street, Ammon *Alan Stephens (Attorney for Mountain Valley Estates Property Owners) Robert and Inn Oyler, 1025 Merrett Drive, Idaho Falls Mike Hicks (Realtor) *Debbie Davis, 4445 Mason Street, Ammon *Mark and Shannon Scrogham, 4353 Mason Street, Ammon *Randy and Karen Sayer, 4430 Mason Street, AImnon C1ea Fullmer, 2705 Sawtooth, Ammon *Duane L. Yost, 4100 Wanda Street, AmnIon *Greg French, 4310 Wanda Street, Ammon *She1by T. and Vicki Beattie, 4373 Mason Street, Ammon **Dr. Paul N. and Gerti Creighton, 2700 Wanda Street, Idaho Falls (Bonneville Co.) Mr. and Mrs. Rod Croston, 3020 Western Avenue, Ammon (* Residents of Mountain Valley Estates **Property is adjacent to and contiguous with Mountain Valley Estates but is in Bonneville County) The Pledge of Allegiance to the Flag was directed by Councilman Crandall, and the invocation was offered by Councilman Ra1l.