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Council Minutes 07/05/1979 I ~ (f) r" o ~:t <! I I July 5, 1979 CITY OF AMMON July 5, 1979 lOH Minutes of the Regular Meeting of the Mayor and City Council: The meeting was called to order at 7:30 P.M. by Mayor George Wehmann with the following City Officials present: Mayor'George Wehmann Councilman Francis Lee Councilwoman Carol Dille Councilman Russell N. Swensen Absent: "Counci1man David Rowberry Others present during the meeting were Terrence O'Connell, 3110 Rawson St., E. J. Barrow, 3090 Rawson St., Paul Curtis, 3140 Rawson St., S. Kent Godfrey, 3095 Sunnyside Rd., Bruce A. Brown, Price Real Estate, Inc., Idaho Falls, and David Weaver, Landscape Architect. The pledge of allegiance to the flag was conducted by Mayor Wehmann and the invocation was offered by Councilman Lee. Clerk Deon Hemingway Public Works Director Hayse Attorney W. Joe Anderson Engineer David E. Benton L. Whiteley The request for a variance for Terrence O'Connell, 3110 Rawson Street, was brought up for re-consideration as agreed at the previous meeting. A review of the application indicated that Mr. O'Connell was asking to be allowed to build an attached garage beyond the front of his existing house to within 15 feet of the front property line. Mayor Wehmann ex- pressed concern about such a short driveway since some cars are longer than 15 feet so would not be able to park in the space without extending into the City right-of-way, and noted also that the City Council has consistently refused to relinquish any of the 99 feet of right-of-way on the Original Townsite streets. He pointed out that the master plan for 'streets shows 25th Street coming through on Rawson Street, so much of the right-of-way there could eventually be used. Mr. O'Connell explained that the electrical meter box which is presently in a location that would be a problem could be moved back a few feet, but he would not want to cover the kitchen window with the building of the garage. It was acknowledged that the signatures of the neighboring property owners were on the variance application as proof of notification, and that Mr. Barrow and Mr. Curtis were present and expressed no objection to the proposal. Councilwoman Dille moved to grant the variance to allow Mr. O'Connell to build an attached garage into the front yard area of his lot with the condition that the meter box on his house be moved back so that the garage can be set back at least four (4) feet from the location described in the variance application. The motion was seconded by Councilman Lee; voting was Dille yes, Lee yes, Swensen yes; motion passed unanimously. A variance application submitted by Blaine GOdfrey, 3090 Sunnyside Road, was presented for action, and the presence of Kent Godfrey, 3095 Sunnyside Road, as an interested party was recognized. It was noted that the request was to be allowed to sell a lot of less than 80 feet in width on a portion of Lot 5 Block 14 Original Townsite for his son to build a home on, with drawings showing three options being included and a preference stated on which variances are needed. Mr. Godfrey explained that the signature of Hazel Empey, the adjoining property owner, had not been obtained since she is quite elderly and wanted to discuss the matter with her daughter more before signing. Councilman Lee moved to grant Mr. Godfrey the following variances, subject to obtaining the signature of Mrs. Empey: (1) the side-yard setback on the west side of the proposed new house to be a minimum of six feet, (2) the east side yard of the existing house to be five feet, and (3) the lot width of the new building lot to be a minimum of 77t feet. The motion was seconded by Councilwoman Dille"; voting was Lee yes, Dille yes, Swensen yes;' motion carried. Mayor Wehmann recommended and the Council Members agreed that, in the future, variance applications must be submitted at least 7 days before the meeting in order to be on the agenda for action. The County plat of Lincoln Park Subdivision, Division No.4, which is within one, mile of the Ammon city limits, was reviewed and noted to have been before the Planning and Zon~ng Commission with a recommendation to approve. Councilman Swensen moved to approve the plat of Lincoln Park Subdivision, Div. #4. The motion was seconded by Councilwoman Dille; voting was all in favor; motion carried. Mayor Wehmann pointed out that an application for a re-zone to commercial zone on 1.33 acres of land at the northeast corner of the 17th Street and Ammon-Lincoln Road intersection filed withtheCounty by Price Real Estate Inc. has been referred to the City of Ammon for comment since the property involved is located within the City's Impact Area. Statements made in the application were reviewed by Mayor Wehmann, who made the following observations: (1) the land use plan referred to has not come to the City Council yet and is not a final approvBd plan and (2), if the availability of City water is implied, the present policy is that Ammon water is not extended outside of the City. It was also suggested by Mayor Weh- mann that a recommendation be made that access not be allowed from both Ammon-Lincoln Road and 17th Street, which would become a "cut-across", if a re-zone is approved and a business is established at that location. The Council members agreed with the Mayor's comments and his proposal to send this information in writing to Charles Borup, County Planner, along with a statement that the City of Ammon will withhold final comment until after the County Public Hearing is completed and the feelings of the adjoining property owners are known. With regard to the annual AIC Conference which is scheduled in Coeur d'Alene July 17-20, Councilwoman Dille moved and Councilman Lee seconded that Councilman Swensen be designated as the voting delegate for the City of Ammon at the conference. Voting was all in favor; July 5, 1979 110 motion carried. Councilman Swensen moved and Councilman Lee seconded that Councilwoman Dille be designated as alternate voting delegate; voting was all in favor; motion carried. In connection with enforcement of the watering regulations, it was noted that quite a few warning tickets have been given, and any violations in the future will be given tickets with a fine of $7.50 per citation. Mayor Wehmann explained that it has been decided that the requests for permission to build a commercial building on the residential lot at 3170 Western Avenue and to keep Bantam chickens on the premises at 2780 Midway Avenue should be handled as applications for con- ditional use permits, so have been referred to the Planning and Zoning Commission for---- public hearings with the City Council to make the final decisions. Councilwoman Dille reported that there has been no response to her notice to Robert Almond I that his request to operate a concession stand in McCowin Park must be in writing. David Weaver pointed out that the contractor on the Peterson Park improvement project has com- pleted the work as called for in the contract and has submitted a request for payment. Arrangements were made for Mr. Weaver to meet with the City Public Works Director , and per- haps Mayor Wehmann also, to inspect the work and decide what items to sign off on before payment is made, which is to be on the basis of 90% to 95% completion. Problems with having the Ammon Day celebration on July 24,as decided earlier in the year, were listed by Councilwoman Dille, who moved to re-schedule for Saturday, August 18th. The motion was seconded by Councilman Swensen; voting was all in favor; motion carried. In response to an inquiry by Mayor Wehmann about establishing a late charge on delinquent accounts, with special reference to the Eastgate Mobile Village account, Attorney Anderson advised that this can be done by resolution of the Council. A report by Public Works Director Hayse Whiteley indicated that he had contacted Maiben Jones, 3205 Central Avenue, about his failure to comply with the variance granted him re- garding the construction of a grain storage bin and will try to work out something agree- able. Councilman Swensen expressed concern about the position in which the City Council is placed when citizens take advantage of the City by not staying within the limits of variances and permits which are granted to them. Other items mentioned by Mr. Whiteley included an evaluation of the work done at Peterson Park and the progress of getting the new pumping equipment at Well #7 in order. Engineer Benton reviewed his calculations on sewer costs and recommended a rate increase effective with the new budget. He reported that the contractors on the Well #7 Improve- I ment Project have inquired about when payment might be expected, and Attorney Anderson explained that the papers are in order for the financing arrangements with the bank and a motion is needed. Councilman Swensen moved to authorize Mayor Wehmann, in behalf of the City, to enter into a lease option agreement with the Bank of Commerce relative to the improvements on Well #7 and related piping. The motion was seconded by Councilwoman Dille; voting was all in favor; motion carried. Ordinance No. 179, an ordinance to authorize the issuance of bonds for Local Improvement District No.8, was introduced by Attorney Anderson and read by title: "AN ORDINANCE AUTHORIZING THE ISSUANCE OF BONDS FOR LOCAL IMPROVEMENT DISTRICT NO. 8 OF THE CITY OF AMMON; PROVIDING FUR CERTAIN FUNDS; PROVIDING FOR EARLY REDEMPTION; PROVIDING FUR THE FUNDING OF THE GUARANTY FUND; PROVIDING FOR RE- ASSESSMENTS IF NECESSARY; PROVIDING FUR THE REISSUANCE OF BONDS IF NECESSARY; PROVIDING FDR THE PUBLICATION AND EFFECTIVE DATE THERETO." Councilwoman Dille moved to dispense with the rule requiring the reading of Ordinance No. 179 on three different days and that the the three readings be waived. The motion was seconded by Councilman Swensen; voting was Dille yes, Swensen yes, Lee yes; motion carried. OrdinanoeNo. 179 was read in full. Councilwoman Dille moved to adopt Ordinance No. 179 as an ordinance of the City of Ammon on its third and final reading. The motion was seconded by Councilman Swensen; voting was Dille yes, Swensen yes, Lee yes; motion carried, and Ordinance No. 179 adopted. The City Clerk presented claims for payment in the amount of $5,157.20. Claims were approved by the Council members and the Mayor. Councilman Swensen moved and Councilwoman Dille seconded that the meeting adjourn; voting was all in favor; meeting I adjourned at 9:25l.M. . /U / /' ;1 . /~~~9 ~4AAA / ATTEST: / MAYOR