Council Minutes 11/06/1980
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November 6, 1980
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Home Administration in withdrawing lands within the confines of the City Limits for the
purpose of loaning money for residences, etc., and that the City exert its influence to
get the proposal revised. Voting was all in favor; motion carried. Mayor Wehmann in-
dicated that he would write a letter to FmHA regarding this decision.
According to Mayor Wehmann, the County Engineer will be coming to one of the City Council
meetings in the near future to go over the long-range plans for Ammon-Lincoln Road. The
Council was also informed that on Thursday, November 6, Bonneville County will be
"Capitol-for-a-Day", and Governor Evans will probably spend some time in Ammon that day..
With reference to an article in a recent issue of "City Report" published by the AIC,
Mayor Wehmann asked Attorney Anderson to advise the City on amending the City code re-
garding the water-turn-off policy to provide for the due process of law' as defined in a
supreme court ruling. On another subject, Mayor Wehmann announced that people from Utah
Power & Light Company and the Idaho Public Utilities Commission will be coming soon to
set up the plans for the energy audit program which was mentioned a few weeks ago.
Gary Davidson reported that a committee of Planning and Zoning Commission members met
to study and be prepared to make a recommendation on changes needed in the City ordinance
relative to Dwelling Groups (Planned), called PUDs in some cities, and this will be taken
to the Planning and Zoning Commission at the next meeting. He distributed copies to the
Mayor and Council and asked that any comments be given to the committee before the meeting
on November 11.
It was mentioned by Councilman Rowberry that citizens have suggested to him that the City
set up a fund for fighting UP&L rate increases by having residents send in so much each
month with payments for City utilities. Mayor Wehmann and Attorney Anderson pointed out
that there is already a mechanism in effect for such a procedure through payments to the
power company, and Mayor Wehmann agreed to check on this and asked Council members to
discuss this with the citizens.
A report by Councilwoman Dille indicated that two boxcars have been donated by the Union
Pacific Railroad for use as storage building in the parks and will be at the Ammon rail-
road siding soon, so arrangements need to be made for a crane to do the moving and
information on the value of the cars needs to be obtained so that reimbursement on the
BOR grant for park improvements can be applied for as soon as possible.
Hayse Whiteley, Public Works Director, reported on the purchase of a used pick-up truck
following the insurance settlement on a pick-up which was totaled in an accident recently.
He also review'ed the operational plans for the City wells during the coming winter months.
The City Clerk presented claims in the amount of $8,097.33 which were approved for payment.
It was moved by Councilman Swensen and seconded by Councilwoman Dille that the meeting
adjourn; voting was all in favor; meeting adjourned at 9:35 F~M.
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ATl'EST: CI~~/7
CITY OF AMMON
November 6, 1980
Minutes of a Special Meeting and the Regular Meeting of the Mayor and City Council:
The meeting was called to order by Councilman David Rowberry at 7:05 P.M. as a Public
Hearing on a Zone Change Request, with the following City Officials present:
Councilman David Row'berry Clerk Deon Hemingway
Councilwoman Carol A. Dille Public Works Director Hayse L. Whiteley
Councilman Thayle D. Monson Planning Commission Member R. D. Williamson
Also present for the Regular Meeting: Mayor George Wehmann
Attorney W. Joe Anderson
Engineer David E. Benton
Councilman Russell N. Sw'ensen (arrived 10:?O P. M. )
Others present during the meeting were Kendal R. Kiesel, 3950 Georgia Lane; Paul and Marsha
Morgan, 3980 Georgia Lane; Terry and Debbie Merrill, 3920 Georgia Lane, Chris Andrews,
2705 Ross Avenue, Gary and Mike Norris, 3005 Ross Avenue.
The pledge of allegiance to the flag was conducted by Councilwoman Dille and the invoca-
tion was offered by Councilman Monson. The minutes of the meeting on August 7, 1980,
were approved later in the meeting.
Councilman Rowberry noted that he was conducting the public hearing at the request of
Mayor Wehmann, since the Mayor lives in the neighborhood of the applicant for the zone
change and so has declared conflict of interest in participating in the meeting as a
City Official. Comments were invited on the request to have Overlay 6 (allowing live-
stock animals) 'added to the RPA Zoning on the property of Kendal Kiesel, 3950 Georgia
Lane (Lot 6 Block 3i Barbara Jean Estates) so that the family can have horses there. Mr.
Kiesel explained that when he moved here, he wanted a place to have horses since his
daughter is in 4-H. He pointed out that he has title insurance (protective covenants)
saying that animals are allowed on the lot, so he did not know until later that the City
zoning prohibits horses at his location, and that is the reason he has now applied for a
zone change. A letter signed by C. Blair and Marydell E. Andrews of 2705 Ross Avenue,
Nov. 6, 1980
15G
expressing the feeling that the right to keep animals on the Kiesel property should be
given, was read into the record. Terry Merrill, 3920 Georgia Lane, stated that he was
concerned about the smell, and .Debbie Merrill commented that there are no other horses
on the circle where they and the Kiesels live. Marsha Morgan, 3980 Georgia Lane, com'..;
plained about the smell, indicating that they cannot open windows and use fans during
warm weather because the odor comes into the house; also an expensive fence which they
have put in is being used as part of the corral for the horses. In response to a question
about haw many animals would be allowed if the overlay is granted, it was noted that the
existing corral contains about 13,000 square feet which is large enough for two animals
under Section 6-2-16 of the City Code which regulates the number of animals in Overlay 6
areas. Robert Williamson reviewed the recommendation of the Planning and Zoning Com-
mission, based on a study of the "configuration of the lot and the placement of the I
structures on it and adjoining lots"" that the overlay not be granted but that a special
use permit be given favorable consideration. Those present were informed that a special
use permit stays with the property owner to whom it is issued, can set forth specific
conditions, and can be made subject to review' within a certain time. There was discussion
about why the animal overlay was not put on the property when the subdivision was annexed
since all other lots on the block except this one and the two immediately adjacent were
zoned for livestock animals, and Mr. Williamson made the comment that it could have been
because of the configuration of those particular lots as he had mentioned previously.
Councilman Rowberry pointed out that none of the City Council members present could offer
any information on the original zoning since Barbara Jean Estates was annexed before
they came into office. The public hearing was closed at 7:40 P.M.
The regular meeting proceeded, with Mayor George Wehmann conducting. Councilman Rowberrry
introduced Gary Norris, who presented a request to have some kind of traffic-control
devices installed on Ross Avenue north of Sunnyside Road. He explained that there are
many small children in the area and that the need to control the traffic occurred to him
as something he could work on for an Eagle Scout Project. The Mayor and Council w'ere
not in favor of speed bumps or dips as proposed by the youth, but discussed the matter
and agreed that some stop signs at the intersections in that location would be appropriate.
Councilman Rowberry moved that, as a result of Gary Norris coming and pointing out the
safety problems associated with Ross Avenue north of Sunnyside Road, we authorize the
City crew to install J-way stop signs at the intersection of Geneva Drive and Ross Avenue
and 4-way stop signs at the intersection of Georgia Lane and Ross Avenue. The motion was
seconded by Councilman Monson; voting was all in favor; motion carried unanimously.
Gary Norris is to prepare a letter to be distributed to the residents in the neighbor- I
hood before the signs are installed.
The subject of the zone change for Kendal Kiesel, 3950 Georgia Lane, was taken up for
action. The recommendation of the Planning Commission that a special use permit be given
favorable consideration was discussed, and comment was made that, from the indication of
the neighbors at the public hearing, special use would probably make those people happier.
Councilwoman Dille moved that, based on the recommendation of the Planning and Zoning
Commission, the City Council deny the Overlay 6. Zone on Mr. Keisel's lot. The motion was
seconded by Councilman Monson; voting was Dille yes, Monson yes, Rowberry yes; motion
carried. Mayor Wehmann instructed that Mr. Kiesel be notified of the decision and be
told that the Council would probably look favorably toward a special use permit which
would probably be restricted to horses. Reference was made to City Ordinance Section
6-12-18 about animals in other than overlay zones, and Attorney Anderson was asked to
give advise on clarifying that section.
Mayor Wehmann informed the Council members that a letter has been received by the Planning
and Zoning Commission requesting de-annexation of the undeveloped portion of Tie Breaker
Village subdivision, and public hearings will be scheduled on this proposal.
In response to a question by Mr. Williamson concerning the Kent Wood property along Ammon
Road, Mayor Wehmann indicated that an amendment to the City ordinance regarding Dwelling
Groups Planned (PUDs), as recommended by the Planning and Zoning Commission, needs to be
worked out with the City Attorney before there can be anything further on this development.
The Mayor and Council members reviewed and made comments on the first 24 pages of a Com-
prehensive Plan for Ammon as submitted by the Planning and Zoning Commission. I
Regarding a zip-code for Ammon which has been requested, Mayor Wehmann noted that the
Post Office is considering going to a nine-digit number which will accomplish this.
The need to have an ordinance relative to cross connections in the water system was men-
tioned, and one adopted by the City of Shelley was to be studied and considered at the
next meeting.
Mayor Wehmann reviewed the plans being made for the Energy Audit Project and presented
the following resolution for the consideration of the Council:
RESOLUTI ON
WHEREAS, the City of Ammon desires to promote energy conservation by the
designation of an Energy Conservation Week; and
WHEREAS, the City of Ammon and Utah Power and Light Company have agreed
to jointly conduct energy audits for the residential dwelling homes and commer-
cial buildings within the City of Ammon for all those desiring such audits; and
WHEREAS, Utah Power and Light has further agreed to furnish certain assist-
ance and certain advice for the conservation of energy for energy consumers; and
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Nov. 6, 1980
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WHEREAS, the City Council and Mayor of the Ci ty of Ammon desires to
cooperate fully and encourage a conservation of energy and the conservation
of electricity and the furtherance of all programs conducive thereto;
NOW, THEREFORE BE IT HEREBY RESOLVED;
1. The Mayor and City Council of the City of Ammon, Idaho, do hereby
declare that the week of December 1st shall be officially designated as Energy
Conservation Week for the City of Ammon, Bonneville County, Idaho.
2. That the City do invite the energy auditors of the Utah Power and
Light Company to come into the City of Ammon and conduct energy audits in all
residential dwelling homes and commercial buildings wherein the occupants
thereof permit such audits to be made and that the city officials cooperate
in all ways possible to complete such energy audits.
3. That the city do encourage all residential city dwellers and property
owners to take advantage of the opportunity for an energy audit to determine
where energy conservation can be accomplished in individual residential dwell-"
ing units and commercial buildings; that the Mayor and City Council do encourage
and solicit the assistance and volunteer help of all of Ammon city residents
in the energy audit and to facilitate the successful accomplishment within the
Ci ty of Ammon.
It was moved by Councilwoman Dille and seconded by Councilman Rowberry that the resolution
be adopted; voting was all in favor; motion carried.
The matter of a pay increase for the animal control officer was discussed, and it was
moved by Councilman Monson and seconded by Councilwoman Dille that an 8% pay raise be
authorized for said officer for the following year; voting was all in favor; motion
carried.
Agreement was indicated with a recommendation made by Councilman Row'berry that settlement
be made on the Warren Bird claim with payment of $25.00 as offered, and the Clerk was in-
structed to issue a check for that amount to Mr. Bird and to specify that this is payment
in full of the dispute on the culvert on Aspen Lane.
Hayse Whiteley, Public Works Director, reviewed work matters such as turning lights off
at the park shelter, shutting down Well #1 for the winter, making arrangements to get the
box-cars donated by UPRR moved to the parks, and opening up the City's right-of-way for
access to Peterson Park from Dal Avenue.
Mayor Wehmann pointed out that notice has been given through the Federal Emergency Manage-
ment Agency that a portion of Ammon is back in the flood plain, and a meeting on this is
to be scheduled some time in the future.
It was proposed by Councilman Monson that consideration be given to starting a City police
department again, but Mayor Wehmann recommended that the newly-elected 2heriff be allowed
an oppo;t:'tuni ty to review the existing contract and that Councilman Monson should meet with
him to work out any problems.
Claims in the amount of $10,636.38 were presented and approved for payment. It was moved
by Council woman Dille and seconded by Councilman Row'berry that the meeting adjourn; voting
was all in favor; meeting adjourned at 11:15 P.M.
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