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Council Minutes 02/07/1980 I ..q (.D I'-- o <C <t: I I February 7, 1980 CITY OF AMMON February 7, 1980 131 Minutes of a Special Meeting of the Mayor and City Council: The meeting was called to order at 7:10 P.M. by Mayor George Wehmann, with the follow- ing City Officials present: Mayor George Wehmann Councilman David Rowberry Councilwoman Carol A .Dille Councilman Thayle D. Monson Absent: Councilman Russell N. Swensen Clerk Deon Hemingway Engineer David E. Benton Also present was Leo Tong, representing the Planning and Zoning Commission. Mayor Wehmann announced that the purpose of the meeting was to hold a public hearing on a proposed amendment to the Zoning Ordinance relative to Special Use Permits, and noted that the hearing had been advertised as required by law and that there was no one present representing the public. The recommendation of the Planning and Zoning Commission which was made after a public hearing held on January 8, 1980, was discussed (with questions being answered by Mr. Tong), and it was felt that the suggestion to include additional wording regarding the notification procedure was desirable if the City Attorney advises that there is no legal problem involved. The public hearing was closed at 7:20 P.M. ATTEST:CIT~/~/~.<?- MAyo;;-i;;r itJ/Jn,,"un/ CITY OF AMMON February 7, 1980 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 follow- ing City Officials present: Mayor George Wehmann Councilwoman Carol A. Dille Councilman David Rowberry Councilman Thayle D. Monson Clerk Deon Hemingway Engineer David E. Benton Attorney W. Joe Anderson Director of Public Works Hayse L. Whiteley Auditor Walter Clapp & Assistant Ted McNea Absent: Councilman Russell N. Swensen Also present during the meeting was Larry Whitney, 3825 Brookfield Lane. The pledge of allegiance to the flag was conducted by Councilman Monson and the invoca- tion was offered by Councilman Rowberry. Minutes of the meetingson December 6, 1979, were approved as prepared. An application for variance submitted by Larry Whitney, 3825 Brookfield Lane, was pre- sented for consideration. It was noted that the variance is needed because Mr. Whitney started construction on a storage building without getting a building permit or checking the zoning regulations for setbacks, so the building has only 20 feet of backyard and the RP ~one requires 25 feet. Further discussion determined that a sideyard variance is needed also since there should be 20 feet of sideyard in an RP Zone and the building that is under construction is 14 feet from the property line. A statement of approval signed by the neighbor to the back was found to be in order as required, and Mr. Whitney was in- structed to get the signature of the neighbor to the west also. Councilman Rowberry moved to approve a variance of 5 feet on the backyard and 6 feet on the sideyard for Larry Whitney, 3825 Brookfield Lane, on the condition that the necessary signature of approval from the land owner on the west side of the property is received. The motion was seconded by Councilwoman Dille; voting was Rowberry yes, Dille yes, Monson yes; motion carried. Mayor Wehmann informed Mr. Whitney that the zoning prohibits the building from being used for a business and that he will be charged double for his building permit because of not getting the permit before starting construction. The time was turned to Walter Clapp and Ted McNea to review the Audit Report for Fiscal Year 1979. It was noted that the City records are in order but the financial condition is very tight, and several recommendations were made to help keep a closer control on expenditures. In connection with the apparently less-than-standard depth of the waterlines in Mountain Valley Estates subdivision which might result in winter time freezing, Mayor Wehmann ex- plained that a letter has been received from H-K Contractors guaranteeing the water mains in that location for a period of five years. He mentioned that there are several things which need to be taken care of in that subdivision, including the installation of signs and checking the water meters, before the City can accept the streets, water and sewer system, etc., for maintenance. Mayor Wehmann asked for Engineer Benton's assistance in obtaining State Water Resource Permits for all City Wells, which are required by some time in 1981. February 7, 1980 132 Attorney Anderson reported that he had prePared an ordinance to adopt the amendment re- garding special use permits, for which the public hearings have been completed, using some of the wording recommended by the Planning and Zoning Commission. Ordinance No. 183 was introduced and read by title: AN ORDINANCE AMENDING SECTION 11-7-8 3(c) OF THE ORDINANCES OF THE CITY OF AMMON, IDAHO, BY THE ADDITION OF A NEW SUBPARAGRAPH (2) TO-PROVIDE THAT THE BOARD OF ADJUSTMENT MAY ALLOW USES IN ANY ZONE NOT PERMITTED BY THE ZONING ORDINANCES UPON FINDING OF A COMPATIBLE USE FOR SUCH ZONING AND AREA AND FOR A LIMITED TIME; PROVIDING FOR CONSENT AND NOTIFICATION TO ADJACENT AND SURROUNDING LAND OWNERS AND PROVIDING FOR AN EFFECTIVE DATE It was moved by Councilwoman Dille and seconded by Councilman Rowberry that the City Council dispense with the rule requiring the reading of the ordinance on three different I days and that the three readings be waived. Voting was Dille yes, Rowberry yes, Monson yes; motion carried. Ordinance 183 was again read by title and in full. Councilwoman Dille moved to adopt Ordinance No. 183 as an ordinance of the City of Ammon on its third and final reading. The motion was seconded by Councilman Monson; voting was Dille yes, Monson yes, Rowberry ye's; motion carried and Ordinance No. 183 adopted unanimously. An ap~lication for a special use permit for Robert Nixon, owner of property immediately east of Sand Creek, south of 17th Street, and adjacent to the backyard of lots on the west side of Falcon Drive, was considered and a public hearing on the matter was set for 7:00 P.M. on March 6, 1980. It was noted that the requested use is to be allowed to build storage units on the land which is zoned R-l, asmentione~i~n the meeting on September 27, 1979. Councilman Monson reviewed the latest Animal Control and Fire Department reports. He also made a recommendation that the ceiling of the City Office area be insulated to save heating costs. A list identifying the location of street lights which should be disconnected, along with a recommendation that the remaining lights on 17th Street be changed to a different kind of fixture, was presented qy Councilman Rowberry. He pointed out that this will result in a savings of close to $500 per month, or approximately $6,000 a year, and that none of the lights at intersections would be removed. Councilman Rowberry moved to authorize Mayor Wehmann to instruct Utah Power & Light Company to eliminate the 41 lights as listed and to revise the illumination strength of the street lights on 17th Street. The motion was seconded by Councilman Monson; voting was all in favor; motion carried. Councilman Rowberry noted that the Public Works Director had given him some information I on a welder which is available through surplus property, and approval to purchase this equipment was indicated if the budget would allow it. Coucilwoman Dille mentioned that applications are being taken at this time for swimming pool manager. She recommended that the date of July 12th be set for this year's Ammon Day celebration, and the Mayor and other Council members were agreeable to this suggestion. With reference to items under discussion with City of Idaho Falls officials in an effort to revise the Sewer Agreement, Engineer Benton was asked to draft a letter for the Mayor's signature to give notice that the recommendations arrived at are acceptable to the Ammon City Council. Public Works matters reported on by Hayse Whiteley included the junk car situation on lots where owners have been given notice to clean up, the work completed on signs being installed, and the repair work done on the emergency generators which are now operable. The City Clerk reported that $27,475.17 in City funds have been invested in Money Market Certificates for six months at 11.88%. Claims were presented in the amount of $10,245.35 and were approved for payment. It was moved by Councilwoman Dille and seconded by Councilman Rowberry that the meeting adjourn; voting was all in favor; meeting adjourned at 10 P.M. ." 4 ATTEST:CI~9/ - - '7 7 . II ') (,: / j ~..z:~. -/: Ii.'" (.,?~ ,-'I MA OR '1 I