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Council Minutes 02/06/1974 I o 00 f:-. ~ W ~ I I 43 CITY OF AMMON February 6, 1974 Minutes of the regular meeting of the Mayor and City Council: The meeting was called to order at 7: 35 P. M. by Mayor Keith C. Turnbow with the following City Officials present; Mayor Keith C. Turnbow Councilman Russell N~ Swensen Councilman Gerald B. Cheney Councilman Brent Hirschi Councilman Marvin J. Anderson (arrived at 8 P. M.) Others present during the meeting were Paul Curtis, Thomas Borg, Vern Lindhorst, and Boyd Thompson. Clerk Deon Hemingway Assistant Attorney Franklin Smith Prayer was offered by Councilman Swensen. Minutes of the meeting of January 16, 1974 were approved as typed. Paul Curtis inquired if the deeds for the exchange of property for the proposed cul-de-sac on Rose Dale Lane were ready for signature, which he felt should be taken care of before there is any digging or moving of fences. He was informed by Mayor Turnbow that Engineer Benton has these papers ready and will get them to Mr. Curtis as soon as an abstract is obtained from the title company. An application for a zoning variance was presented by Thomas Borg of 3085 Ross Avenue, asking that he be allowed to have a 5-foot sideyard setback rather than the 7 -1/2 feet required by the zoning ordinance in R-l zones so that he can build a 22 -foot garage to be attached to his house. He noted that this extra footage is needed for a two-car garage since the existing back step for his house extends out 5 feet, and he would like to enclose this step in the garage. He said that there would still be adequate distance between homes as his neighbor's side yard is approximately 21 feet. A zoning variance request was also brought before the Council by Vern Lindhorst for building a home on Lot 3 , Block 1 of the Pony Acres Addition which is now zoned RP and requires a 20-foot sideyard setback. The house which Mr. Lindhorst proposes to build, the plans for which were drawn up last year before the new zoning went into effect, would have 17 -1/2 foot side yards, which exceed the l5-feet sepcified in the protective covenants for the area. A paper signed by the adjoining neighbors (Rex Sheppard and Steven Grundmeyer) indicating no objection to the Lindhorst plans was presented. The Council requested a date to be shown for these signatures and additional information on the sideyard measurements of other homes on the street. Consequently, both variance requests were taken under advisement for further study, with the property owners to be notified when a decision is made. The matter of installing water and sewer lines in Rose Dale Lane between Sunnyside Road and Molen Street was brought up for discussion by Mr. Boyd Thompson, who has property along the east side ci that street which he would like to sell for building lots. He wondered if the city could match funds temporarily for the west side of the street's share until lots on that side are sold for develop- ment. Mr. Thompson was informed that curb and gutter would also be required and that a Local Improvement District could be set up for the property owners on the west side of the street if desired. The Council asked for time to consider Mr. Thompson's proposal. A special meeting was scheduled for 8: 30 P. M. on February 11 to make decisions on this matter and the two zoning variance requests. Upon inquiry by Mayor Turnbow, Attorney Smith advised that the legality of the City giving help as Mr. Thompson had requested would depend on whether there is a legitimate purpose on the part of the City such as increasing the tax base, eliminating a fire hazard, etc. He mentioned that this is the first test of whether or not the policy as set up in the recodification of requiring developers to install the water and sewer lines is going to have force and meaning. In view of the number of new additions which are being proposed for annexation and development, Councilman Swensen recommended that a policy be established regarding engineering services. Councilman Hirschi noted that the same idea had been expressed by the Planning and Zoning Commission. Advice by the Attorney 44 resulted in a motion by Councilman Cheney that the City Attorneys draft a resolution concerning the potential conflict of interest that now exists between the City Engineer and proposed developments in the City. The motion was seconded by Councilman Hirschi; voting all in favor; motion carried. The attorneys will get tOgether with Engineer Benton before drawing up the resolution. Mayor Turnbow encouraged the Council 'members to read the Legislative News sent out by the Association of Idaho Cities, to take serious interest in measures proposed by the State Legislature, and to make their views known to the Legis- 1ators, especially on maters that effect cities. Councilman Hirschi requested an opinion fiIJZ'm Attorney Smith on the regulations on snowmobiles as discussed in the meeting of January 2, 1974. The City Ordinance No. 103 and the state law on this subject were reviewed. Attorney Smith noted that, in addition to the restrictions of the City Ordinance prohibiting operation of snowmobiles in parks, etc., the state law prohibits their use on areas of the roadways used by conventional motor vehicles. Also only those drivers having a valid motor Vehicle operators license may cross public streets, but only after a complete stop and as directly as pos sible - -right-angle cros sings. I Councilman Swensen read the minutes of the Special Meeting of January 24, 1974, which were approved as read. According to Councilman Swensen, the Bonneville Council of Governments has approved a perliminary budget estimate showing the Ammon share as $1, 347.17, which is slightly more than last year's payment of $1,143.46. He praised the BCOG for having done a lot of work on comprehensive land use planning to protect farm land, etc. Mayor Turnbow explained that the Council of Govern- ments is not going to be a voting entity, is only acting in behalf of cities and the county, and cannot enallct a law over us unless given authority, which must be watched. Grants cannot be obtained without COG being in operation, but this makes it pos sible for the various governmental units to get a fa'ii': share I of such funds. Since a check of the records of the Planning and Zoning Commission indicate that the terms of two members have expired, Councilman Hirschi reported that he has made contacts and moved that DeLynn Hansen be reappointed and that Paul Curtis of 3140 Rawson St., be appointed to replace Garth Cunningham, who will be mov- ing out of the City, both appointments being for,two years. The motion was seconded by Councilman Swensen; voting all in favor; motion carried. Councilman Hirs chi reported that additional police patrolling is needed on Saturday nights around the church building in Hillview because there; has been considerable damage to the building while the dances are going on there. This reque st was directed to Councilman Swensen for action. The Council indicated approval on a request through Councilman Hirschi that the youth of the Ammon 3rd Ward be given permission to paint the exterior of the swimming pool building and clean up the area on or about May 17. A problem concerning an irrigation ditch which has come up due to the opening of Rose Dale Lane between Owen and Molen Streets which has been brOUght to the attention of Councilman Hirschi was mentioned by him. Mayor Turnbow explained that a new ditch will be bladed out by the City, but anything extra or other problems would have to be settled by the property owners. It was also mentioned that no reply has been received from the church regarding the ditch along the lot the re. I After considerable discussion, the Council decided that curb and gutter will be required on a lot on Romrell Lane across from the church for which a building permit has been issued. This is in accord with a policy set several months ago. According to Mayor Turnbow, the Eastern Idaho Special Services Agency has requested authorization to put in a housing project for the elderly in Ammon. It was the feeling of the Council that there are probably not enough people who would qualify or would be interested in living in such a place. I o 00 ~ c:c t:1.:J ~ I I 45 Claims were approved for payment, and the remainder of the meeting was spent in going over budget recommendations to prepare a preliminary budget. The meeting was adjourned at 1:00 A. M. -MA -1/ 0 ...r#R' --/ C~-1f2 0!tl~ d~~ C LERK CITY OF AMMON February 20,1974 Minutes of the Regular Meeting of the Mayor and City Council: The meeting was called to order at 8:25 P.M. by Mayor Keith C. Turnbow with the following City Officials present: Mayor Keith C. Turnbow Councilman Russell N. Swensen Councilman Gerald B. Cheney Councilman Brent Hirschi Absent: Councilman Marvin J. Anderson Clerk Deon Hemingway Engineer David E. Benton Asst. Attorney Franklin Smith Prayer was offered by Councilman Cheney. Minutes of the meeting of Feb. 6, 1974, were approved as typed. Prior to the official opening of the meeting, Mayor Turnbow presented information on the 17th Street improvement project which is being drawn up by the Bonneville County Engineer, indicating that the cost to Ammon according to figures now avail- able will be approximately $90, 000. The possibility of getting the Sand Creek bridge widened before the water goes in this spring was mentioned. The Mayor expressed his views on ways of obtaining funds to finance the project. He noted that loan money is available from the Farmers Home Administration, but he felt that a bond would not pass with the economy the way it is. He recommended that the City proceed with plans to set up a Local Improvement District for the north side of 17th Street and from Avocet to Sabin on the south side. The remainder of the money would have to be provided out of the General Fund. This would mean considerable cutbacks in other areas of city expenditures and probably increased property taxes in order to balance the budget. According to information presented by Engineer Benton, a substantial increase in dollar amount could come in from taxes with very llttle change in the mill levy due to the amount of development in Ammon which has added to the assessed valuation. However, during a review of the proposed budget later in the meeting, . it was determined that the mill levy figure which Mayor Turnbow sUggested as being reasonable (2 mills) would result in a tax revenue which would still be somewhat short of the funds needed, so further . study of this financing problem is required before the budget can be set. Several othe r items regarding the 17th Street project were discus sed officially, and Engineer Benton was asked to (1) get signatures for the proposed Local Improvement District, (2) see what can be done about putting in the water and sewer line between Avocet Dr. and Sabin Dr. and contact the utility companies pertaining to putting in utility lines (gas, telephone, power) before the street work begins, (3) work with the County Engineer to get the Sand Creek bridge in without government participation and allow the City of Ammon to pay at a later date this year, (4) contact the County Engineer about having installation of metal street-light poles designed into the project, and (5) work with the water-sewer project contractor tQ get the waterline across 17th Street north of the bridge right away. Attorney Smith presented a request for payment from Andrew Well Drilling in the amount of $24, 486. 52 for work completed to date under the contract for the water and sewer project (see excerpt of minutes prepared by City Attorney-- motion made by Councilman SwenseJI seconded by Councilman Cheney, voting all in favor. )