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Council Minutes 10/07/1982 I ~ (.D f'- o <t <t: I I CITY OF AMMON October 7, 1982 October 7, 1982 221 Minutes of the Regular Meeting of the Mayor and City Council: The meeting was called to order at 7:JO P.M.by Acting Mayor Russell N. Swensen with the following City Officials present: Acting Mayor Russell N. Swensen Councilman Robert D. Williamson Councilwoman Carol A. Dille Councilman Thayle D. Monson Absent: Mayor George Wehmann Others present during the meeting were Bruce and Bonita Lind, J175 Midway Ave., and Monty Howell, 1695 Ranier. The pledge of allegiance to the flag was conducted by Councilman Williamson and prayer was offered by Councilman Monson. The meeting was opened as a ublic heari lications for rezoni as follows: Richard Kelly, from R-JA residential to C-l limited business on the east 170 feet of Lot 1 Block 16, Original Townsite, located at the northwest corner of the intersection of Ammon-Lincoln Road and Sunnyside Road; A.M.R. Corporation (Bruce Lind), from R-JA to C-l on Lot 1 Block 1 and the northern part of Lot 1 Block J, Monty Howell Additio~located on the north side of 17th Street on both the east and west sides of Falcon Drive; and Valley Bank Ammon Office (Wayne Harding, Manager) from R-JA to C-l on the south 185 feet of Lot 1 Block J, Monty Howell Addition, located at the northeast corner of the 17th Street-Falcon Drive intersection. Acting Mayor Swensen pointed out that the hearing had been advertised and notices sent to property owners as required by law. Inasmuch as there were no citizens present, Councilman Williamson moved and Councilman Monson seconded that the public hearing be tabled until later in the meeting; voting was all in favor; motion carried. A short time later, the presence of Bruce Lind, Bonita Lind, and Monty Howell was recognized, and a motion to re-convene the public hearing was made by Councilwoman Dille and seconded by Councilman Monson with voting all in favor. The procedures for conducting a public hearing under the regula- tions of Ordinance No. 19J were reviewed. It was determined that Mr. Lind and Mr. Howell were in attendance to answer questions as owners of property being considered for rezoning and did not desire to give formal testimony. All three parcels of land were found to be in areas designated for commercial use on the Comprehensive Plan future land use map as recently amended. With reference to the Richard Kelly property, it was noted that the recommendation of the Planning and Zoning Commission, following a public hearing on August 17, 1982, is to approve a zoning of RSC-l (Residential Shopping Center) rather than C-l, to be the same zone as presently on the land across the street to the south were the Kelly's Market store is located, with a waiver on the size which the zoning ordinance requires for a residential shopping center. Councilman Williamson questioned whether or not the City Council has authority to establish a zoning other tham that which was stated in the application, and Attorney Anderson explained that a rezone of anything lesser than the request is allowed without a new application and hearing, so the recommendation of the Planning Commission is in order. Since Mr. Kelly was not present and there was no information on record that a zoning of RSC-l is agree- able with him, Councilwoman Dille moved to close the public hearing discussion on the Kelly property and to table a decision until the next Council meeting. The motion was seconded by Councilman Monson; voting was Dille yes, Williamson yes, Monson yes, Swensen yes; motion carried. Regarding the property owned by the A.M.R. Corporation, Acting Mayor Swensen pointed out that the recommendation of the Planning and Zoning Commission is to approve the zone change as requested. There being no further comment on this matter, it was moved by Councilman Williamson and seconded by Councilman Monson that the discussion on the A.M.R. Corporation application be concluded; voting was Williamson yes, Monson yes, Dille yes, Swensen yes: motion carried. There were no comments or questions on the rezoning request submitted by Valley Bank, and the re- commendation of the Planning and Zoning Commission to approve the change was mentioned. Councilman Williamson moved to conclude the discussion on the Valley Bank property for this public hearing; the second was by Councilman Monson; voting was Williamson yes, Monson yes, Dille yes, Swensen yes; motion carried. A motion was then made by Council- man Williamson to close the public hearing on the three requests for rezoning and Councilwoman Dille seconded the motion; voting was Williamson yes, Dille yes, Monson yes, Swensen yes; motion carried and the public hearing closed at 8:05 P.M. The Council proceeded to take action on the requests for rezoning which were the sub- ject of the public hearing recorded above. Councilwoman Dille moved to grant a reBoning on the Valley Bank property from R-JA to C-l in accordance with the Planning and Zoning Commission recommendation. The motion was seconded by Councilman Williamson; voting was Dille yes, Williamson yes, Monson yes, Swensen yes, motion carried. It was moved bi Councilman Williamson and seconded by Councilman Monson that the City Council approve the zone change on the A.M.R. Corporation application from R-JA to C-l as recommended by the Planning and Zoning Commission; voting was Williamson yes, Monson yes, Swensen yes, Dille abstain (conflict of interest because of her husband doing architect work for A.M.R. Corporation); motion carried. City Clerk Deon Hemingway Public Works Director Hayse L. Whiteley Attorney W. Joe Anderson Planning Commission Member Elaine McGary October 7, 1982 October 21, 1982 222 According to Councilman Williamson, the Animal Control Officer has presented a movie entitled "Animals Can Bite" at the schools, which was well received and seems to have helped with the dog problem at the present time. Councilman Williamson mentioned that the latest reports from the engineering firm of Gibbs & Hill, Inc., regarding the studies on hydroelectric projects, indicate that three of the sites are not feasible, which is a reversal of previous unofficial information, and he intends to ask why there was this change. With reference to an assignment to assist Councilman Swensen in looking at some property north of Well No.7 which is offered for sale by Melvin Brown, it was noted by Councilman Williamson that this has not been done yet. Public Works Director, Hayse Whiteley, reported on work that is underway to close down the parks, winterize the vehicles, and finish some street patching. I Claims to be paid totaling $6,580.93 were presented by the City Clerk, along with vouchers for payroll and related expenses paid since the last meeting in the amount of $7,284.22, all of which were approved. Acting Mayor Swensen called attention to a news item in connection with another request for an increase being filed by Utah Power & Light Company. He expressed appreciation to Attorney Anderson for the special work he has done for the City as an intervenor in past rate-increase cases. A motion was made by Councilwoman Dille and seconded by Councilman Monson that the meeting adjourn; voting was all in favor; adjournment was at 8:30 P.M. ;e:,~AL ~~ ~i~ ~~YO~ ************* CITY OF AMMON October 21, 1982 Minutes of the Regular Meeting of the Mayor and City Council: 7:30 P.M. by Acting Mayor Russell N. Swensen with the ~~ ~ CfTY C~RK .. --- - ATTEST: The meeting was called to order at following City Officials present: Acting Mayor Russell N. Swensen Councilman Thayle D. Monson Councilwoman Carol A. Dille Councilman Robert D. Williamson City Clerk Deon Hemingway Public Works Director Hayse L. Whiteley Engineer David E. Benton Attorney W. Joe Anderson Planning Commission Member Kathy Dansie I Absent: Mayor George Wehmann The pledge of allegiance to the flag was conducted by Councilwoman Dille and prayer was offered by Councilman Monson. Minutes for July 15, 1982, were approved as prepared. The matter of a zone change on the Richard Kelly property, which was tabled at the previous meeting, was brought up for discussion. Acting Mayor Swensen noted that he had talked to Mr. Kelly who indicated that he thought the new zoning should be C-l, as requested, due to the size of the property. The minutes of the Planning and Zoning. Commission meeting re- garding the subject were reviewed, and Planning Commission member, Kathy Dansie, explained that the Commission recommended an RSO-l Zone, with a waiver on the size requirements, for this location so that it would be the same as the area across the street to the south, thus avoiding spot zoning. The details for developing in an RSC-l Zone which could be a problem for establishing a business on the lot were mentioned, and the feeling of the Council members that the matter should be referred back to the Planning Commission for re- consideration was expressed. Following the advice of Attorney Anderson, Councilman William- son moved that the City Council continue the deliberations on the Richard Kelly rezone request while waiting for further guidance from the Planning and Zoning Commission. The motion was seconded by Councilman Monson; voting was all in favor; motion carried. ~~ ATTEST: Clrt CLER It was reported by Kathy Dansie that the Planning and Zoning Commission recommends approval on applications for rezoning from R-3A to C-l on properties on the north side of 17th St. in the vicinity of Avocet Drive owned by GHG Investment and David Benton, and a public hearing before the City Council on these requests was scheduled for November 18, 1982, at 7:30 P.M.. She also noted that a committee has been assigned to study a model ordi- nance on manufactured housing and that Jim McNett has resigned so Gary Butterworth is acting as Chairman of the Planning and Zoning Commission at the present time. The Fiscal Year 1983 Law Enforcement Contract was reviewed. It was moved by Council- woman Dille and seconded by Councilman Williamson that Acting Mayor Swensen be authorized to sign the $59,004 Law Enforcement Contract for FY-1983. Voting on the motion was Dille yes, Williamson yes, Monson yes, Swensen yes; motion carried. Public Works Director, Hayse Whiteley, informed the Council that a headgate has been in- stalled at the south end of Princess Drive for flood control. Claims to pay totaling ~14,248.84 were a~proved along wit0 voucher~ for payroll, etc., paid since the last meet- In the amount of $6,738.47. A motlon to adjourn was made by Councilwoman Dille and seconded by Councilman Williamson; voting was all in favor; meeting adjourned at 8:10 P.M. ~/1-~ A ING MAYOR ~ I