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Council Minutes 08/16/1984 I ~ ([) r....... () <:( <t: I I Aug. 16, 1984 Aug. 2, 1984 27R and Attorney Stucki prepare briefs to be delivered to the City no later than August 13 so that the City Council can make a decision on this matter and issue findings and fact at the next meeting on August 16. The City Officials returned to City Hall and heard reports on various City business. Claims to pay were approved in the amount of $24,036.1p along with vouchers for ex- penditures since the last meeting totaling $19,881.40. A motion to adjourn was made by Councilwoman Dille and seconded by Councilman Williamson, with voting all in favor. The meeting was adjourned at 1:05 A.M. ATTEST, k~ CITY CLERk ~~ IL~~ M OR CITY OF AMMON Aug. 16, 1984 rinutes of the Regular Meeting of the Mayor and City Council: The meeting was called to order at 7:30 P.M. by Mayor Russell N. Swensen, with the following City Officials present: Mayor Russell N. Swensen Councilman Merle J.Quigley Councilman Robert D. Williamson Councilwoman Carol A. Dille Councilman ,Th~yle D. Monson Others present during the meeting were: Mary Walter, 670 Match Point Dr. Betty Priest, 3683 E. 17th St. John & Lorie Lundblade, 3480 San Carlos Horace & Theone Smith, 2150 Ammon Rd. Brad H. Hall, 1895 Cabellaro St. Michael E. Jones, 1805 Midway Ave. Sharel Judy, 2330 Ammon Rd. The pledge of allegiance to the flag was directed by Mayor Swensen and the invocation was given by Councilman Monson. Minutes of the meeting on May 17, 1984, were approved as prepared. City Clerk Deon Hemip~way Public Works Director Hayse L. Whiteley Engineer David E. Benton Attorney W. Joe Anderson Planning Commission Member Kathy Dansie Sherry Bohn, 2085 Midway Ave. Carolyn Bjornson, 3670 Brookfield Ln. Lawana Nielsen, 2860 E. 17th St. Bert & ( ) Dalling, 660 Kimberly Dr., Paul Bunnell, 2145 Sabin Dr. Taft Barrington, 21 S.Main, Logan, Utah I daho Fall s As the first matter of business, it was mentioned that briefs had been filed by Attorneys Michael S. Orme and Marvin Stucki following the public hearing on August 2, 1984, on the petition appealing the decision of granting Building Permit No. B84-16 to William I"fcQuillen. After considerable discussion and with the advice of the City Attorney re- garding the wording to be used, Councilman Williamson moved that the Findings of Fact, Conclusions and Order be as follows: 1. That a building permit was issued by the Building Administrator of the City of Ammon to William McQuillen, dated June 18, 1984, to move a log home onto the lot on Ammon-Lincoln Road, Building Permit Number B84-16. 2. That the petitioners, Horace E. Smith and Theone Smith, filed a Notice of Appeal from the decision of the Zoning Administrator in issuing said permit on July 2, 1984. That the filing of said appeal was timely. 3. That Horace E. Smith and Theone Smith have standing to make such appeal under the zoning ordinance of the City of Ammon and the laws of the State of Idaho. 4. That the application by Mr. McQuillen to move a structure was not heard by the Board of Adjustment of the City of Ammon and no findings made thereon. 5. That the requirements of 11-5-26 of the Ordinances of the City of Ammon were not complied with in obtaining the permit for the moving of the building. 6. That from the evidence introduced, the Board finds that the building proposed to be moved is not in conformity with the type and quality of buildings existing in the area to which it is proposed to be moved. 7. That the proponent and applicant for the moving permit stated that the intent was to have a country-type rustic life style and that such style and appear- ance of the dwelling home proposed to be moved is ,incompatible at the location with the other structures in the area. 8. That the proposed structure to be moved does not conform to the RPA zoning requirements of the zone where it is proposed to be located in tha.t the size is required to be 1,000 square feet at the time of moving and that such dwelling home does not contain 1,000 square feet. 9. That the dwelling proposed to be moved would not be compatible and in con- formity with the type and quality of buildings existing in the area into which it is proposed to be moved, and that it would depreciate the value of those buildings in the surrounding area. Aug. 16, 1984 274 10. That the existence of log structures in the City of Ammon existing prior to zoning ordinances being adopted would not justify additional structures which are not compatible with the rest of the area. 11. That the City of Ammon, through its zoning ordinances and procedures, is not estopped because of prior unrelated actions to enforce the provisions of zoning ordinances in this instance. 12. That Ordinance 11-5-26 of the ordinances of the City pf Ammon was used in evaluating the appeal and the application for permit and the standards set forth in said Ordinance are the standards used in evaluating the application and the appeal. From the foregoing findings, the Board of Adjustment concludes: 1. That the building permit issued to William McQuillen was incorrect and improper. 2. That said building permit should be revoked upon the petition and appeal of the appellant herein. 3. That the reasons for denial of the building permit and the approval of the appeal opposing such permit are contained in the Findings of Fact heretofore entered. 4. That the action the applicant for the building permit could take to gain approval would be to obtain a structure that would meet the standards as set forth infue above referenced Findings of Fact. 5. That the applicant for the building permit has sixty (60) days after the remedies have been exhausted under the ordinances of the City of Ammon to seek judicial review as provided in the Idaho Code Title 67, Chapter 52. The motion was seconded by Councilwoman Dille; voting was Williamson yes, Dille yes, Quigley yes, Monson yes; motion carried. It was moved by Councilman Williamson and seconded by Councilman Quigley that the City refund the $788.50 fee that Mr. McQuillen paid for Building Permit No. B84-l6; voting was Williamson yes, Quigley yes, Monson yes, Dille yes; motion carried. In response to an inquiry from a resident who was present, Attorney Anderson explained that, if Mr. McQuillen should present a plan which indicates a substantial change in his intentions, the City Council would be obligated to have another hearing. Mayor Swensen announced that a letter has been received from Brent Alder of P.M.S.I. in Salt Lake City stating that the conditions set forth with the Special Use Permit made the project of a sports mall in the Tie Breaker Village Addition too costly, so he is not going to proceed at that location, but may look at other properties in Ammon and the Idaho Falls area. Time was given to Taft Barrington, Spillman Data Systems of Logan, Utah, to make a presentation and answer questions about a proposal for a computer system for the City Office. Kathy Dansie of the Planning and Zoning Commission reported that, as a result of a public hearing to consider annexation of property north of 17th Street for which a zoning to allow modular homes was requested, the Commission members are studying a proposal to recommend that the City adopt a Manufactured Residence Zone ordinance. Swimming pool manager, Blair Thomas, gave a report on income and expenditures for the season and made recommendations on pool maintenance and improvement needs. Figures for a proposed budget for the next fiscal year were reviewed and approval was indicated on a recommended change in the amount to be transferred from Federal Revenue Sharing to the Fire Department Reserve Fund and the projected expenditure from that fund. It was moved by Councilwoman Dille and seconded by Councilman Monson that the tentative budget for Fiscal Year 1985 as revised be adopted and that a public hearing be held on September 6, 1984, 7=30 P.M. on both the Revenue Sharing budget and the total budget. Voting on the motion was Dille yes, Monson yes, williamson yes, Quigley yes; motion carried. A motion to authorize Mayor Swensen to inform the Bonnevllle County Fire District that the City of Ammon does not wish to join the Fire District was made by Council- woman Dille and seconded by Councilman Monson; voting was Dille yes, Monson yes, Williamson yes, Quigley yes; motion carried unanimously. Councilwoman Dille moved to authorize calling for bids on a used fire truck using specifications which have been provided to the City by a used fire equipment dealer. The motion was seconded by Councilman Quigley; voting was Dille yes, Quigley yes, Williamson yes, Monson yes; motion carried. In response to concern expressed by Councilwoman Dille about City Ordinance Section 11-8-2 which states that the "Zoning Administrator and the City shall submit all appli- cations for building permits ... to the Planning Commission prior to acting thereupon", Attorney Anderson noted that the requirement has been recognized, and he suggested that it be implemented by having a committee or individual representing the Planning Commission review applications for building permits under an arrangement which will not unduly hold up the permit-issuing process or put a burden on the Planning Commission. It was mentioned by Attorney Anderson that matters concerning citizen reaction to I I I I ~ (!) r...... o <:( <t: I I Aug. 16, 1984 Sept. 6, 1984 275 recent increased enforcement of the dog ordinance regulations have been brought to his attention, and there is a possibility that a resident may ask to be heard on this subject at the next Council Meeting. Councilman Quigley reported that the Parks Department has a piece of equipment which is no longer usable, and he moved to declare a Ford garden tractor with underframe mower surplus and advertise it for sale. Councilman Williamson seconded the motion; voting was all in favor; motion,carried. According to Engineer Benton, plans are progressing for putting in a French drain for the drainage problem on Molen Street. Claims to pay in the amount of $25,014.75 were presented by the City Clerk and were approved along with vouchers for payroll and .related expendtitures paid since the previous meeting totaling $13,316.92 A motion to adjourn was made by Councilman Williamson and seconded by Councilman ~onson; voting was all in favor; the meeting was adjourned at 11:00 P.M. ~~ - ATTEST, ~:?Ln. CITY CLERK ~ CITY U,F' AMMON Sept. 6, 1984 Minu~es of the Regular Meeting of the Mayor and Clty Council: The meeting was called to order at 7:3u P.M. by Mayor Russell N. Swensen with the following City Officials present: Mayor Russell N.Swensen Councilman Thayle D. Monson Councilman Merle J. Quigley Councilman Robert D. Williamson Councilwoman Carol A. Dille City Clerk Deon Hemingway Public Works Director Hayse L.Whiteley Attorney W. Joe Anderson Engineer David E. Benton Fire Chief Marvin McGary Asst. Fire Chief James Southwlck Also present during the meeting was David Plourde of KTEE Radio Station. The pledge of allegiance to the flag was directed by Councilman Monson and the prayer was offered by Councilman Williamson. Minutes of the meeting on June 7, 1984, were approved as prepared. The meeting was opened as a public hearing on the Fiscal Year 1985 Budget, including the Federal Revenue Sharing budget. It was observed that the notice of hearing had been published as required by law and that there were no citizens present to make comment. l"'ayor Swensen reviewed the budget as published and pointed out that the proposed increase in the general levy for property taxes is 4.49% above the figure for the previous year (state law allows 5% increase) with the levy for liability insurance remaining the same as before. He noted that the estimated amount to be received from Federal Revenue Sharing is $21,000 which is about the same as last year, the City expects to get $47,000 from State sales tax revenue, and the total proposed budget is $739,948. Councilwoman Dille, moved to close the public hearing and to accept the Revenue Sharing budget and the total budget for FY-1985 as presented. The motion was seconded by Councilman Williamson; voting was Dille yes, Williamson yes, Monson yes, Quigley yes; motion carried. Ordinance No. 197, having the following title, was introduced: AN ORDINANCE PROVIDING FOR THE A~~illAL APPROPRIATION FOR THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO; FOR THE APPROPRIATION OF THE SEVERAL FUNDS AND THE PURPOSES FOR WHICH APPROPRIATED DURING THE FISCAL YEAR 1985 COMMENCING OCTOBER 1, 1984, AND ENDING SEPTEMBER 30, 1985, AND PROVIDING FOR THE AMOUNT APPROPRIATED FOR SUCH FUNDS. It was moved by Councilwoman Dille and seconded by Councilman Williamson that the first and second readings of Ordinance No. 197 be waived and that the ordinance be placed on its third and final reading. Voting on the motion was Dille yes, Williamson yes, Monson yes, Quigley yes; motion carried. Ordinance No. 197 was read in full. Councilwoman Dille moved to adopt Ordinance No. 197, known as the Annual Appropriation ~i11; the second was by Councilman Quigley; voting was Dille yes, Quigley yes, Williamson yes, ~onson yes; motion carried and Ordinance No. 197 adopted. The recommendation of the Planning and Zoning Commission regarding the annual review of the special use permit, for grain storage buildings in an R-l Zone at 3070 Sunny- side Road for Judys' Ida-Mon Ranch, was considered. Councilman Quigley moved to extend the special use permit for one more year as recommended by the Zoning Commission. Councilwoman Dille seconded the motion and the voting was Quigley yes, Dille yes, Monson yes, Williamson yes; motion carried.