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Council Minutes 06/21/1979 ~ June 21, 1979 106 CITY OF AMMON June 21, 1979 Minutes of a Special Public Re~ring and the Regular Meeting of the Mayor and City Council: The meeting was called to order at 7:05 P.M. by Mayor George Wehmann, with the following City Officials present: Mayor George Wehmann Councilwoman Carol A. Dille Councilman David Rowberry Councilman Francis Lee Councilman Russell N. Swensen Clerk Deon Hemingway Asst. Attorney Douglas Nelson Engineer David E. Benton Public Works Director Hayse L. Whiteley Others present during the meeting were Lou Baribault, J170 Western Ave., Terry O'Connell JllO Rawson St., Corinne Barrus, J290 LeRoy Drive, Roy and Mary Mink, J268 LeRoy Drive, Jay VanOrden, 4095 Ross Avenue, Bill Kelly and Donna Kelly, 660 Amy Lane, Valeria Robin- son of Naegle Realty, and Russ Wallace, 5JJO Baywood Circle, Salt Lake City, Utah (developer of Tie Breaker Village Addition). The pledge of allegiance to the flag was conducted by Councilwoman Dille and the invo- cation was offered by Mayor Wehmann. The meeting was opened as a Public Hearing, which had been properly advertised and noti- fication given, on the proposed annexation and zoning of 49.9 acres of land under the ownership of the City of Ammon, Lewis Nielsen, and Paul Benton, located north of 17th Street along a proposed extension of Midway Avenue. It was noted that the Planning and Zoning Commission held a public hearing on this subject at its April 10th meeting, and a portion of the minutes from that meeting were read to point out that the Commission members recommended annexation of the property with zoning of R-JA on the north portion and CC-l (Central Commercial) on the remainder as requested by the owners, with this zoning being consistent with the projected land use map which is being prepared. Mayor Wehmann commented that he had been present at the Planning and Zoning hearing, and that input from the people who were present at that meeting indicated a desire for R-l zoning on the north side of the projected extension of John Adams Parkway and R-JA on the south side of that street, then CC-l from there to 17th Street. This has been checked out and found to be acceptable to Paul Benton, who owns the property in the proposed John Adams Parkway extension area. It was also mentioned by Mayor Wehmann that there was some concern about the height of buildings in the R-JA Zone, and the possibility of putting on a re- striction of two stories was discussed. In response to a question by Councilman Swensen, it was noted that Mr. and Mrs. Lewis Nielsen had been present at the previous hearing, and their request for CC-l zoning on their currently residential property located next to 17th Street was made a matter of record in the minutes of the Planning and Zoning Meeting. Questions and comments by the interested public in attendance regarding the possibility of multiple-family dwellings rather than professional buildings in the R-JA zone and the probability of obtaining a zone change on the lots along John Adams Parkway in the adjoining subdivision of Tie Breaker Village were answered and discussed to the satisfaction of those concerned. Mayor Wehmann declared the public hearing closed at 7:J5 P.M. Councilman Rowberry moved to annex the City of Ammon-Lewis Nielsen-Paul Benton property with zoning of R-l on the north of John Adams Parkway, zoning of R-JA for a distance of 240 feet on the south side of John Adams Parkway, and zoning of CC-l on the remainder of the property, with the condition that the annexation agreement include a clause to require that the restrictive covenants for the development of the Paul Benton property limit the'height of buildings in the R-JA Zone to two stories. The motion was seconded by Councilman Swensen; voting was unanimous in favor; motion carried. As the fi~R~ matter of business in the regular meeting, Mayor Wehmann presented informa- tion whicElof interest to the people present who live on LeRoy Drive by stating that, in accordance with the one-mile regulation, the County has requested approval by the City of Ammon on an amended plat for Mountain View Addition which divides a large lot on the north side of LeRoy Drive into two lots. He noted that the County Planning and Zoning Commis- sion has given approval on this, that six out of seven of the property owners in the adjacent neighborhood have approved the proposal in writing, that the Ammon Planning Commission members reviewed the plat with no objections having been made, and that he would 2commend approval also. In response to a question by Mrs. Mink, J268 LeRoy Dr., regarding what would happen about the house that is already being built on the property if the matter is not approved, it was determined that the house under construction will be all right with our without the lot division. Councilman Swensen moved that the City of Ammon approve the division of Lot 22 Block 2 into Lots 22A and 22B as shown on the First Amended Plat of Mountain View Addition Division No.2, as requested. The motion was seconded by Councilman Lee; voting was all in favor; motion carried. I I I Mayor Wehmann pointed out that there were several applications for variances on the agenda and he read from the City Code regarding this subject to Tefresh the Council members on the authority given them by law in such matters. The variance application filed by Jay VanOrden, 4095 Ross Avenue, requesting that he be allowed to install a l,OOO-gallon underground gas tank on his residential lot due to a special need which he has in connection with the electrical contractor business he is associated with, was given consideration. Information on the application was reviewed and Mr. VanOrdeThanswered questions from the Council members to indicate that three or four trucks are involved with usually only one of the trucks being parked at the location I ~ c..o I' () <( <( I I June 21, 1979 during non-working hours-and that gas will be dispensed to the trucks only one or 107 two times per week per truck. Councilman Rowberry moved to grant the variance as de- scribed on the application. The motion was seconded by Councilman Swensen; voting was Rowberry yes, Swensen yes, Lee yes, Dille yes; motion carried. Mr. VanOrden was in- structed to get information from the City Building Official about a building permit and the size of cement pad which will be required. The next matter to be presented for action was an application for a variance submitted by Lou Baribault, )170 Western Avenue, to obtain approval to construct a commercial shop on the back portion of his residential lot in the Original Townsite. Mayor Wehmann ex- plained that it was his opinion that this request should be handled as a zone change rather than a variance since it involves a commercial venture, and the Council members agreed. Councilwoman Dille moved to deny the variance for Lou Baribault to build a commercial shop. The motion was seconded by Councilman Lee. Councilman Swensen moved and Councilman Rowberry seconded that the motion be amended to recommend that the re- quest be re-submitted as a zone change. Voting was Swensen yes, Rowberry yes, Dille yes, Lee yes; motion carried. Voting on the amended motion was Dille yes, Lee yes, Swensen yes, Rowberry yes; motion caITied. It was decided that Mayor Wehmann should look into the matter and advise Mr. Baribault on what zoning would be suitable. A variance submitted by Terrence O'Connell, 3110 Rawson Street, was taken under consider- ation, and was explained by Mr. O'Connell as being a request to construct an attached garage to within 15 feet of the front property line on his lot in the Original Townsite in order to not have to extend a proposed patio into the backyard which is relatively shallow. Mayor Wehmann commented that there is always concern about the front line of homes being similar, to which Mr. O'Connell responded that building a garage as requested will not cut off the sight line any more that at present since there are already large trees in the front yards in the neighborhood. Councilwoman Dille moved to grant the variance as described in the application. The motion was seconded by Councilman Lee; voting was Dille yes, Lee yes, Swensen no, Rowberry no; the vote was tied, and Mayor Wehmann'svote was no with an explanation that the matter would be checked out more fully if the applicant wished to re-file. Councilman Swensen moved to re-consider the request for a variance for Terrence O'Connell at the next regularly scheduled meeting on July 5, 1979. The motion was seconded by Councilman Rowberry; voting was unanimous in favor. A petition filed by Valerie Robinson, representing a real estate company and the pros- pective buyer of the residence at 2780 Midway Avenue, which requested that "show" bantam chickens be allowed at that address which is not in the animal overlay zone, was brought to the attention of the Council. It was noted that the signatures of most of the property owners in the neighborhood were on the petition, and Mayor Wehmann gave assurance that the procedure for handling the matter will be researched and that the petitioner will be ad- vised as soon as possible. The minutes of the meetings on May 3, 1979, and May 15, 1979, were approved as prepared. The plat for Arnold Mobile Home Park, a county plat located north of 1st Street on the west side of Ammon-Lincoln Road within one mile of the Ammon City Limits, was presented for action, and noted to have been reviewed for approval by the Ammon Planning Commission. It was pointed out that the plat contains an easement for the Idaho Falls Powerline Loop, but Attorney Nelson advised that approval of the plat for the county should not affect Ammon's position in the court action on the powerline loop. Councilman Rowberry moved to approve the final plat of Arnold Mobile Home Park located in Bonneville County as platted and presented. The motion was seconded by Councilman Swensen; voting was yes 3, no 1; motion carried. Comment on Lincoln Park Division No.4, another county plat, was withheld until the next meeting. According to Attorney Nelson, Ordinances Nos. 176 and 177 which were passed on May 15th hadnotbeenpublished due to a delay in getting the corresponding annexation agreements finalized, so the ordinances needed to be voted on again. Ordinance No. 177, an Ordinance to annex Tie Breaker Village, Division No.3 and Remaining Portion, was introduced and read by title: "AN ORDINANCE ANNEXING CERTAIN LANDS TO THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO; DESCRIBING WITH PARTICULARITY SAID LANDS TO BE ANNEXED AND HEREBY ANNEXED AND DECLARING SAID LANDS A PART OF THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO; DETERMINING THE PROPER ZONING FOR CLASSIFICA- TION OF THE ANNEXED LANDS AND TERRITORY UNDER THE ZONING ORDINANCE OF THE CITY OF AMMON, IDAHO; PROVIDING FOR AN EFFECTIVE DATE FOR THIS ORDINANCE AND OF THE ANNEXATION OF SAID LANDS." Councilwoman Dille moved that the City Coucil dispense with the rule requiring the read- ing of Ordinance No. 177 on three different days and that the three readings be waived. The motion was seconded by Councilman Swensen; voting was Dille yes, Swensen yes, Row- berry yes, Lee yes; motion carried. Ordinance No. 177 was read in full. Councilwoman Dille moved to adopt Ordinance No. 177 as an ordinance of the City of Ammon. The motion was seconded by Councilman Swensen; voting was Dille yes, Swensen yes, Rowberry yes, Lee yes; motion carried and Ordinance No. 177 re-adopted. Ordinance No. 176, an Ordinance to annex the L.D.S. Ammon Stake Property, was introduced and read by title: "AN ORDINANCE ANNEXING CERTAIN LANDS TO THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO; DESCRIBING WITH PARTICULARITY SAID LANDS TO BE ANNEXED AND HEREBY ANNEXED AND DECLARING SAID LANDS A PART OF THE CITY OF AMMON , BONNEVILLE COUNTY, IDAHO; DETERMINING THE PROPER ZONING FOR CLASSIFICA- TION OF THE ANNEXED LANDS AND TERRITORY UNDER THE ZONING ORDINANCE OF THE CITY OF AMMON, IDAHO; PROVIDING FOR AN EFFECTIVE DATE FOR THIS ORDINANCE AND OF THE ANNEXATION OF SAID lANDS." Councilman Rowberry moved that the City Council dispense with the rule requiring the reading of the ordinance on three different days and that the three readings be waived. The motion was seconded by Councilman Swensen; voting was Rowberry yes, Swensen yes, Lee yes, Dille yes; motion carried. Ordinance No. 176 was read in full. Councilman Swensen moved to adopt Ordinance No. 176 as an ordinance of the City of Ammon. The motion was seconded by Councilman Rowberry; voting was Swensen yes, Rowberry yes, Dille yes, Lee yes; motion carried and Ordinance No. 176re-adopted. In response to an inquiry by Mayor Wehmann regarding the procedure for giving ap~roYal on county plats, it was determined that neview by the City Planning Commission is not required but is recommended and will be done unless there is a time problem. Mayor Wehmann commented that he is pleased wi th the court decision on the power loop situation which ruled, subject to appeal, that the City of Idaho Falls must obtain a conditional use permit from the City of Ammon in order to construct a portion of the proposed loop in Ammon. He commented further that he believes.the City of Idaho Falls will go outside of Ammon with the line. In connection with the latest Uiah Power & Light Company rate-increase case, Mayor Wehmann reported that an 18% increase was granted by the Idaho Public Utilities Commission, with the original application being for 3l%. The nomination of Gary Butterworth, 1880 Dove Dr., on the Planning and Zoning Commission was announced by Mayor Wehmann. Councilman Rowberry moved to confirm the appointment of Gary Butterworth on the Ammon Planning and Zoning Commission effective this date with his term to expire on March 1, 1982. The motion was seconded by Councilman Swensen; voting was all in favor; motion carried. It was noted that there will be another va- cancy on the Commission since Rick Archibald will be moving. Ordinance No. 178 was introduced and read by title: "AN ORDINANCE EXCLUDING FROM THE MUNICIPAL LIMITS OF THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO, A PORTION OF THE TERRITORY HERETO- ;FORE ANNEXED AND ALTERING THE BOUNDARIES OF THE SAID CITY BY SUCH EXCLUSION; DESCRIBING THE AREA SO EXCLUDED AND PROVIDING FOR AN EFFECTIVE DATE HEREOF." Councilwoman Dille moved to dispense with the rule requiring the reading of Ordinance No. 178 on three different days and that the three readings be waived. The motion was seconded by Councilman Lee; voting was Dille yes, Lee yes, Swensen yes, Rowberry yes; motion carried. Ordinance No. 178 was read in full. Councilwoman Dille moved to adopt Ordinance No. 178 as an ordinance of the City of Ammon on its third and final reading. The motion was seconded by Councilman Rowberry; voting was Dille yes, Row- berry yes, Swensen yes, Lee yes; motion carried and Ordinance No. 178 adopted. According to Councilwoman Dille, Robert Almond, 3890 E. 17th Street asked about having a concession stand in McCowin Park as a family project, and it was noted that Health Dept. regulations would have to be observed. Councilwoman Dille moved and Councilman Rowberry seconded to allow the concession stand on the basis that a written letter be submitted stating the conditions; voting was all in favor; motion carried. Other items mentioned by Councilwoman Dille were the need to re-schedule Ammon Day (with Saturday, Aug. 18th, being suggested) and an inquiry from the Shelley City Council regarding the possibility of the small cities in the area forming an electrical cooperative. Councilman Rowberry reported that notice has been received that Maiben Jones, 3205 Central Avenue, has con- structed a storage bin higher than was allowed in the variance which was granted him, so action may be necessary on that. Regarding a recent meeting with the County Commissioners concerning the use of the services of the County Planner, Councilman Rowberry indicated that a $400 per year basic fee has been suggested, and the Mayor and other Council members expressed satisfaction with this with a recommendation that an agreement on what the fee would cover should be prepared. Councilman Lee reviewed the law enforcement and animal control reports and noted a complaint from the sheriff about the way some of the parking permits are filled out, which he will work out with the sheriff. Engineer Benton pre- sented requests for payment from O&F Construction on the work completed by them on the L.I.D.#8 and Well #7 projects. Public Works Director Hayse Whiteley reported on the work I being done in Peterson Park, on Well #7, and L.LD.#8. He mentioned that most of the vehicles that were in the street right-of-way have been moved, that the two trees on the Baldwin property on Central Avenue are down, and that complaints have been received about the car bodies in the yard at 3880 Ross Avenue. The City Clerk presented claims which were approved for payment in the amount of $23,215.01. It was moved by Councilman Swensen and seconded by Councilman Lee that the meeting ad- journ; voting was all in favor; adjournment was at 10:45 P.M. A special meeting for personnal action followed, where approval was given on a salary increase for Aleen Jensen to Grade 2.3 retroactive to May 25, 1979. June 21, 1979 108 ATIEST LhfL ~A~ CITY CLERK '" I , [~-,g ;;A~~ ) MAYO I I