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Council Minutes 07/16/1992 I I I Book 7-441 July 16, 1992 CITY OF AMMON July 16, 1992 Minutes of the Regular Meeting of the Mayor and City Council: The meeting was called to order at 7:30 P.M. by Mayor C. Bruce Ard with the following City Officials present: Mayor C. Bruce Ard Councilman Marvin J. Anderson Councilman Harvey Crandall Councilman Ira K. Hall Councilman Greg J. Maeser Attorney W. Joe Anderson Engineer David E. Benton Public Works Director David City Clerk Aleen C. Jensen Wadsworth Others present: D. Kent Godfrey, 3255 Western Avenue, Ammon Marcia Peterson, 3304 North Sioux, Idaho Falls Dick Bybee, Planning and Zoning Commission Representative Kevin L. Anderson, 2945 Western Avenue, Ammon Roxanne Carlson, 3100 Midway Avenue, Ammon Rod Croston, 3020 Western Avenue, Ammon Sandi and Curtis (Scout) Jaussi, 605 Matchpoint Drive, Ammon Jeff Arnold (Scout), 665 Matchpoint Drive, Ammon Carson Beattie (Scout), 1910 Avocet Drive, Ammon Orland Bailey, 2810 Salmon Street, Ammon Gene E. Birch, 2995 Central Avenue, Ammon Melvin and Donna Rosen, 2985 Meadow Lane, Ammon Ben and Carolyn Patterson, 3110 Molen Street, Ammon M. DeLynn and Beverly Hansen, 3165 Western Avenue, Ammon Kirk D. Black, Deseret Mutual, 10 South Main, Salt Lake City, UT Russ Dawson, BMPO Representative The Pledge of Allegiance to the Flag was directed by Councilman Crandall, and the invocation was offered by Councilman Anderson. The Boy Scouts were welcomed. D. Kent Godfrey, 3255 Western Avenue, expressed concern about the log house at 3020 Western Avenue. The house was occupied as a residence many years ago, and then it was allowed to deteriorate. It was even used for animals. For several years, the property has been abandoned by the owners, but about six years ago, Rod Croston be- gan a restoration program. That lasted a short time and the property was again vacated. The property has not been cared for, weeds have taken over, junk has accumulated, the buildings are falling down and they are not suitable for habitation. Mr. Godfrey requested the City Council to take action to stop Mr. Croston from resuming his restoration activities. He read the following petition: We the undersigned do petition the city council to take action to re- strict further construction on the old log house at 3040 Western Ave. We feel it should not be granted a building permit and the building done now illegally should be stopped. We feel the premises should also be vacated since the building does not have clearance for habitation and is certainly not up to national building code accepted as law by the City of Ammon. This building has been an attractive nuisance and the subject of much concern to the residents of the neighborhood. This concern has been brought to this council several times over the past 5 or 6 years. The building has been a very real fire hazard especially with the lack of weed abatement spanning several years. The building has had a very prolonged duration of construction in fact construction stopped several years ago. The integrity of the original building has never been inspected and the addition is not visually compatible with the rest of the building. The building is not compatible with the rest of the neighborhood with it's poor esthetics. It's low appraised value and substandard size depreciates the value of the other houses and lots of the neighborhood. This building damages us and our property values. This building has been uninhabited for years and the deterioration is evident. We don't feel this building can be brought up to code. We ask for a full hearing on the owners application for a building permit. Signatures on the petition: D. Kent Godfrey, J. A. Finlinson, M. DeLynn Hansen, Susan A. Hansen, Beverly Hansen, Gary Silbernagel, Karen Covert, W. V. Jorgensen, Gayle Greenhalgh, Owen R. Tanner, LaVonne Tanner, Merle J. Quigley, Barbara Quigley, Kevin L. Anderson, Wm. R. Fischer, B. Jackson, Ben G. Patterson, and Patrice S. Godfrey. Mr. Godfrey stated he is concerned because the property has been invaluable for years and has not improved the neighborhood. The neighborhood is being damaged, and he looks for representation from the Council to respond to the situation. 442 July 16, 1992 Mr. Croston applied for a building permit on August 26, 1986, but that permit has become invalid because work was discontinued. The City has required updated plans, a new permit application, the application has been reviewed by the Planning and Zoning Commission, the construction has been inspected by the Bonneville County Building Inspector to determine structural soundness, and a new building permit has been issued. Permission has been granted to Croston to occupy a trailer and use the bath- room facilities in the garage addition for a period of three months during construction. Occupancy will not be granted to live in the house until it is brought up to code, and it is determined to meet all the occupancy requirements. The Council did not recognize any violations of the zoning laws. Mr. Godfrey was advised of the procedures to follow to appeal the issuance of a building permit to Rod Croston, 3020 Western Avenue. Russ Dawson, an employee of the City of Idaho Falls Planning Department, represented the Bonneville Metropolitan Planning Organization as Staff Planner. The purpose of his visit was to discuss the Urban Boundary and Functional Classification System Map and to acquaint the Council with the recently organized urban planning organization. Information was presented on the new law, Intermodel Surface Transportation Efficiency Act of 1991 (ISTEA); boundaries of the urban area; proj ect selection; the national highway system; the surface transportation program; the metropolitan planning process; the Bonneville Metropolitan Planning Organization process; and traffic volume studies. A letter addressed to David Wadsworth, Public Works Director for Ammon, was read which requested the City of Ammon to submit copies of development and site plans to BMPO for review so they can evaluate the impact on streets. Mr. Dawson discussed how the organization can assist the City in any issue that affects transportation. The highway functional classification and system map was reviewed, and the Mayor was requested to sign it to give Ammon's approval. This map outlines the areas eligible for federal funding. Councilman Crandall moved to authorize Mayor Ard to sign the 2000 Idaho Falls Urban Boundary and Functional Classification System map. The motion was seconded by Councilman Hall. Roll call vote: Crandall - Yes; Hall - Yes; Maeser - Yes; Anderson - Yes. The motion carried unanimously. I Marcia Peterson, property owner of 2675 Salmon Street--- Mrs. Peterson explained to the Council that they have had their Salmon Street property listed for sale for some time, but buyers are reluctant to purchase the property because the neighbors at 2695 I Salmon Street neglect to maintain their property. The following petition was presented: The undersigned, owners or occupiers of real property, located in the City of Ammon, hereby request that you or your duly appointed agent, require the owners or occupiers of certain real property located in the City of Ammon, County of Bonneville, State of Idaho, whose mailing address is 2695 Salmon, Ammon, Idaho, to clean the premises at that address and in the future maintain it in such a condition that it does not constitute a nuisance. Currently it is offensive to the senses and has injuriously affected both the use of the undersigned's property and lessened our personal enjoyment of said property and is interfering and continues to interfere with the comfortable enjoyment of our parties, and has lessened the value thereof. The Petitioners request that the City of Ammon take the appropriate action to abate the said nuisance forthwith. The petition was signed by Pete Peterson, Marcia Peterson, Lee K. Stewart, Elayne C. Stewart, James L. Hiatt, Richard Butler, Mary L. Hiatt, Roberta Jordan, Gwen Monson, Robert Aguilera, Musette Butler, Kenneth Lembrich, Ted Ramos, John Kuchenbecker, Mary Ramos, L. Wilmot, Carma Johnson, Shaunna Matas, Beverly D. Miller, Barbara Woodhouse, Garth Miller, and Robert M. Woodhouse. The Council discussed the issue and advised that the residents at 2695 Salmon Street would need to be cited to appear before the Council and would need to have a hearing to determine whether or not a public nuisance condition exists. It was agreed that a representative of the City should assess the conditions at 2695 Salmon Street, and the Mayor should write a letter to the occupants to advise of the neighborhood concern before formal action is taken. Public Works Director David Wadsworth was assigned to evaluate the conditions. Dick Bybee reported on actions of the Planning and Zoning Commission. Melvin Hess, 1895 Bittern Drive, made application for a variance to build a porch on the front of his house. It was determined a variance would not be required since he does not plan to enclose the porch or cover it with a roof. Hetropolitan Outdoor Advertising requested permission to erect a billboard sign on Rush Auto Property, 2565 East 17th Street. The Commission recommended denial because the ordinance states that a sign I I I I Book 7-443 July 16, 1992 can be erected on the property to advertise the business that is established at that property but not for general advertising. (A Public Hearing before the City Council acting as the Board of Adjustment to consider a Special/Conditional Use Permit for Metropolitan Outdoor Advertising has been scheduled for Thursday, August 20). The plat and plans for Tie Breaker Park were reviewed and approved. The plat for Hitt Road Center was reviewed and recommended for approval. Nine building permits were reviewed and approved. In view of the recent controversy, Councilman Crandall asked if the Council should consider reviewing and/or revising the ordinance on accessory buildings. The issue was discussed but no decision was made. The Council discussed the minutes of City Council Meeting held July 2, 1992. It was specified the contractural agreement signed by Robert Oyler and the requirements entered in the minutes be in agreement to show Mr. Oyler is allowed sixty days to obtain a building permit for his house. Some revisions to the wording in the minutes were recommended. Councilman Hall moved to approve the minutes as amended for City Council Meeting held July 2, 1992, and to approve the Board of Adjustment Findings and Order prepared by Attorney Anderson on the appeal filed by Mountain Valley residents on Robert Oyler's garage permit. The motion was seconded by Councilman Maeser. Roll call vote: Hall - Yes; Maeser - Yes; Crandall - Yes; Anderson - Yes. The motion carried unanimously. The plat for the Hitt Road Center was presented by Engineer David E. Benton of Benton Engineering. Engineer Benton declared, for the record, conflict of interest, and he stated that he was representing the property owners and not the City of Ammon. Kirk Black of Deseret Mutual Investment Properties was introduced. The Council was oriented to the property location as platted and to the developer's plans. Three major stores are interested in locating in the development, but the building details are not ready for presentation. The developer has asked for two accesses on to Hitt Road, but these depend on approval. Various traffic patterns were discussed, and access locations were considered. In locating the accesses, the developer has the challenge to provide access to the trailer park, but he prefers that they not access through the parking area. Details of the 17th Street access will be worked out with the improvement plans, and Mayor Ard will work with the City of Idaho Falls on the Hitt Road accesses. Engineer Benton asked the Council to approve the plat for recording subj ect to clarification of the location and approval of the Hitt Road accesses. Councilman Maeser moved to approve the plat for Hitt Road Center as proposed. The motion was seconded by Councilman Crandall. Roll call vote: Maeser - Yes; Crandall - Yes; Hall - No; Anderson - No; Mayor Ard - Yes. The Mayor voted to break the tie. Councilman Hall and Councilman Anderson voted no because of the unresolved Hitt Road access problem. The motion carried. Mayor Ard discussed Ammon Road right-of-way acquisition. The final offers have been made to Lennis Tirrell and Fred Karford. They have until July 24, 1992, to accept or reject the offers. The City is not in a position to start condemnation action until after July 24. Attorney Anderson advised the City can file condemnation proceedings and then request an order from the court to take possession. Reports: Public Works Director David Wadsworth reported on water breaks and Well No. 3 repairs. The Walker mower has been repaired and back in use. It has not been deter- mined whether or not the warranty will cover any of the repair costs. Attorney Anderson suggested, in the budget process, the Council consider recodifying the City ordinances. An estimated cost would be $3000 to $5000. Fire Marshall Bill Brotherson reported for the Fire Department. They requested authorization to purchase a 10 H.P. generator and two 1000 watt halogen lights to use for night fighting. These are available at Sam's Club at an approximate cost of $750. Authorization was granted provided funds are remaining in their budget to cover. Councilman Anderson encouraged the Fire Department to take action to remove the dead trees on the boundary between Lewis Nielsen's and Leonard McDonald's property because they are a potential hazard and they block the view of fire department emergency vehicles coming out on 17th Street. Mayor Ard advised Madison County and City of Rexburg have consolidated their departments, and they will have a fire truck for sale. He suggested that our Fire Department check it out to see if Ammon is interested. Councilman Anderson expressed concern about the old car junkyard created by Farrell Adamson behind the house at 3250 Rawson Street. Another area that needs cleaning up is the vacant lot on the southeast corner of Rawson and Midway. The weeds have been allowed to grow and some one is using it to park a trailer house, boat, and construction equipment. He also urged the Public Works crew to continue to mow weeds as their time permits. Councilman Maeser and the City Office have received numerous calls from residents very much concerned about what Richard Birch is building on the property at 2865 South Ammon Road. It does not appear that he is conforming to the protective covenants of the Pony Acres Subdivision or to the City's building requirements. So far, Mr. Birch has been 444 July 16, 1992 August 6, 1992 cooperative with the City and is following the rules. The Council gave him permission to live in a self-contained trailer house during construction of his house. Also, he was given permission to use a holding tank for sewage, to be approved by District 7 Health Department, until such time as it is possible for him to connect to the sewer. Councilman Maeser suggested Birch and interested residents be invited to a Council Meeting for a question and answer session to clarify the City's role and to explain what Birch is doing. Councilman Hall agreed to visit with Richard Birch to observe his activities and to encourage. Public Works Director Wadsworth and the Bonneville County Building Inspector have promised to keep close watch on his construction. City Clerk Aleen Jensen reported that Local Improvement District No.8 has only two years' (1992 and 1993) payments outstanding. Since we are paying a greater rate of interest than we can expect to receive on our cash balance and since there is I sufficient cash on hand, the City may want to payoff the balance on October 1 when the 1992 payment is due. The Council authorized the City Clerk to call for all the outstanding bonds for L.r.D. No. 8 to be paid October 1, 1992. Claims were approved. Councilman Crandall moved to adjourn the meeting, and the motion was seconded by Councilman Hall. The meeting was adjourned at 10:55 P.M. ATTEST ?Q d~~C. ~~ CITY CLERK (/ ~ CITY OF AMMON August 6, 1992 Minutes of the Board of Adjustment Public Hearing and the Regular Meeting of the Mayor and City Council: The meeting was called to order at 7:30 P.M. by Mayor C. Bruce Ard with the following City Officials present: Mayor C. Bruce Ard Councilman Marvin J. Anderson Councilman Greg J. Maeser City Clerk Aleen C. Jensen Engineer David E. Benton Fire Chief Cal Smith Fire Marshall Bill Brotherson Public Works Director David Wadsworth I Others Present: Richard and Linda Durante, 1522 Falcon Drive, Ammon Jim Summers, 3290 Molen Street, Ammon Kent Marboe, Metropolitan Outdoor Advertising Ed Anderson, Rush Auto Parts Richard and Colleen Birch, 2865 South Ammon Road, Ammon Michael Nye, Utah Power Brian and Diane Shurtliff Michael A. and Anita Hare, 1925 Falcon Drive, Ammon Absent: Councilman Harvey Crandall Councilman Ira K. Hall Attorney W. Joe Anderson The Pledge of Allegiance to the Flag was directed by Mayor Ard, and the invocation was offered by Councilman Maeser. Mayor Ard announced lack of quorum so business on the agenda was heard but no official action was taken. Mayor Ard opened the Public Hearing before the City Council acting as the Board of Adjustment to consider the request of Metropolitan Outdoor Advertising for a I Special/Conditional Use Permit to allow them to erect a billboard sign on Rush Auto property, 2565 East 17th Street, which is zoned C-1. Witnesses were sworn in. Kent Marboe introduced himself as a representative of Metropolitan Outdoor Advertising, and he explained that his company erects and sells the poster billboards that are seen around town. He asked for a Special Use Permit to erect a thirty sheet poster which is a poster sign 12 feet high by 24 feet at 2565 East 17th Street. The property is owned by Ed Anderson and Rush Auto Parts. The sign company understands that the Ammon City Code does not allow billboard signs in the C-l zone, but in the area where Rush Auto Parts is located there is nothing but "heavy" commercial. The "heavy" commercial area was shown on photos as Rush Auto, Circle K, Dimples Donuts, Stokes Food Center, Carl Gray Tire, Jerry Bergeman's Automotive Repair, and Grand Teton Self Storage. The sign will not in any way look out of place. Another point, the 16" of property which is utilized will pay a monthly sum to Rush Auto. The sign will be located on the east property line and will be approximately six or seven feet north of the existing sign