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Council Minutes 12/04/1980 I ~ c..o (' o <( <( I I Nov. 20, 1980 i5H Councilman Swensen gave a short report on the AIC Legislative Meeting which he attended recently. The City Clerk presented claims in the amount of $7,436.20 which were approved for payment. It was noted that approximately 350 requests for the Energy Audit have been received and nearly 170 residents have volunteered to help with the pro- ject which is a joint effort of the City of Ammon and Utah Power & Light Company planned for the week of December 1st through 5th. An ordinance to regulate the retail sale of wine was presented by Attorney Anderson, who explained that this ordinance was in compliance with the initiative passed in the recent county election and was patterned after the ordinance adopted by the county except that "by-the-drink" sales would not be allowed in Ammon to be consistent with the existing ordinance which does not allow the sale of beer by the drink. After a short discussion, the ordinance was introduced as Ordinance No. 186 with the following ti tle: AN ORDINANCE OF THE CITY OF AMMON, A MUNICIPAL CORPORATION OF IDAHO, PRO- VIDING FOR THE RETAIL SALE OF WINE IN ACCORDANCE WITH CHAPTER 13 TITLE 23, IDAHO CODE, BY PROVIDING DEFINITIONS; REQUIRING A CITY LICENSE FOR THE RE- TAIL SALE OF WINE; PROVIDING THAT RETAIL SALE OF WINE BY THE DRINK FOR CONSUMPTION ON THE PREMISES SHALL NOT BE LICENSED; PROVIDING THAT A BEER LICENSE IS REQUIRED BEFORE A WINE LICENSE IS ISSUED; DEFINING THE QUALIFI- CATIONS OF A LICENSEE; ESTABLISHING THE LICENSE FEE; SETTING RESTRICTIONS ON TRANSFER OF LICENSES; SETTING FORTH CONDITIONS OF POSSESSION; PROVIDING FOR TIMES OF SALE; PROHIBITING MISREPRESENTATION OF AGE FOR PURPOSES OF SALE, CONSUMPTION OR POSSESSION; PROHIBITING PERSONS FROM DRIVING UPON A PUBLIC HIGHWAY OR STREET WHILE CONSUMING OR IN POSSESSION OF AN OPEN CON- TAINER OF WINE; PROVIDING A PENALTY FOR VIOLATION; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR THIS ORDINANCE TO BE IN FULL FORCE AND EFFECT AFTER ITS PASSAGE, APPROVAL AND PUBLICATION ACCORDING TO THE LAW Ordinance No. 186 was read in full. It was moved by Councilman Monson and seconded by Council w.oman Dille that the Council accept the first reading of Ordinance No. 186. Voting was Monson yes, Dille yes, Swensen yes; motion carried. The Council members agreed to consider action on the second and third readings of the ordinance in the next meeting. A motion to adjourn made by Councilwoman Dille 'was seconded by Councilman Monson; voting was unanimous in favor; meeting adjourned at 9:lli5 P.M. ATI~ST, .~ U77 CI TI CLERK ~~~f1~ / ~NG MAYOR CITY OF AMMON December 4, 1980 Minutes of a Public Hearing before the City Council: The meeting was called to order at 7:20 P.M. by Acting Mayor Russell N. Swensen with the following City Official present: Acting Mayor Russell N. Swensen Councilman Thayle D. Monson Councilman David Rowberry City Clerk Deon Hemingway Public Works Director Hayse L. Whiteley Others present during the meeting were Debbie Merrill, 3920 Georgia Lane, and Marsha Morgan, 3980 Georgia Lane. (Councilman Sw.ensen conducted the meeting for Mayor George Wehmann, who had declared con- flict of interest since he lives in the neighborhood of the resident for whom the public hearing was being held.) It was noted that this was the advertised time to have a public hearing on an application submitted by Kendal Kiesel, 3950 Georgia Lane, request- ing a Special Use Permit to allow horses on his lot, which is not zoned for livestock animals and on which a zone change was denied at the meeting on November 6, 1980. The two residents present were given an opportunity to make comments. Mrs. Morgan stated that she had come mostly to see what is decided and would rather not have the animals there but, if approved, would like to have the fence line changed on the east side of the Kiesel's lot so that the horses can not chew on the cedar fence which the Morgans have put up. A comment by Mrs. Merrill indicated that she would like to see the permit, if granted, limit the Kiesels to two horses. Councilman Swensen noted that a letter in favor of allowing animals on the Kiesel's lot from one of the property owners in the neighborhood, Blair Andrews of 2705 Ross Avenue, is on file with the City. There being no further comments from the public, the Council members discussed briefly some conditions which could be made under a special use permit, such as time limits and space requirements, and pointed out that there are other enforcement avenues to follow. if the situation becomes a nuisance. The hearing was closed at 7:40 P.M. ~~~- 11. ~ ~ /~ ~ ATmST, ~n~7Z"7 CI CLERK December 4, 1980 160 CITY OF AMMON December 4, 1980 Minutes of the Regular Meeting of the Mayor and City Council: The meeting was called to order by Acting Mayor Russell N. Swensen at 7:45 P.M. Mayor George Wehmannarrived later and conducted the meeting. The following City Officials were present: Mayor George Wehmann Councilman Russell N. Swensen Councilman David Row'berry Councilman Thayle D. Monson Absent: Councilwoman Carol A. Dille City Clerk Deon Hemingway Public Works Director Hayse L. Whiteley Engineer David E. Benton The pledge of allegiance to the flag was conducted by Councilman Swensen and prayer was I offered by Councilman Rowberry. The meeting was recessed to allow the Council Members, etc., to appear at a banquet which was held for the volunteers and Utah Power & Light Company personnel who had been performing energy audits during the week, where Mayor Wehmann had been in attendance during the preceding public hearing. Everyone was intro- duced to the President of UP&L from the Salt Lake office and other company officials who were present. The meeting re-convened at 8:20 P.M. The first item of business was consideration of a Special Use Permit to allow animals on the property of Kendal Kiesel, 3950 Georgia Lane, for which a public hearing was held just prior to this meeting. Councilman Swensen informed Mayor Wehmann that Mr. Kiesel had not been able to be at the hearing, and reviewed comments made by Marsha Morgan and Debbie Merrill who were present. Mayor Wehmann mentioned that he had talked to the City Attorney who recommended that the Council make conditions for this special use, if granted, that could be the same as for other requests of a similar nature. Councilman Rowberry moved to grant a Special Use Permit to Kendal Kiesel, 3950 Georgia Lane, to allow animals on his property with the following conditions: (1) All sideyard and back- yard requirements (for RPA Zone) must be met, (2) a buffer fence of the applicant's own construction must be placed between the Paul Morgan property line (fence) and the area containing the animals, (3) the special use is for the calendar year of 1981 and is to be reviewed in one year, and (4) the number of animal s shall be determined in accordance with City Ordinance 6-2-16, commonly known as the animal control ordinance. The motion was seconded by Councilman Swensen; voting was all in favor; motion carried. Sections 5 through 8 of the Comprehensive Plan for Ammon were reviewed by the Mayor and Council, with minor changes being recommended. It was announced by Mayor Wehmann that he had received a certified letter from the Idaho I Falls Fire Chief giving notice of the termination of mutual aid service with Ammon, Iona, Ucon, etc. Mayor Wehmann stated that, in view of this situation, he is proposing to call a meeting with the Mayors of Iona and Ucon and Dale Rockwood of the Fire District. Other matters brought to the attention of the Council by Mayor Wehmann were a meeting scheduled on December 15th by officials of Farmers Home Administration regarding the loaning area, which he would not be able to attend, and a letter from the State Health Department regarding an amount due from the City because of over-payment on the grant from that agency for the sewer project. He reported that UP&L has filed for a rate in- crease of 12% with the lPUC and recommended that the City intervene in the case. It was moved by Councilman Swensen and seconded by Councilman Rowberry that Ammon formally inter- vene in the pending UP&L case; voting was all in favor; motion carried. It was mentioned that there has been favorable response from the Cities of Clifton, Shelley, and Iona re- garding Mayor Wehmann's suggestion that other cities in the UP&L service area share in intervention expenses, and the officials of the City of Rexburg have indicated a desire to help but expressed the feeling that 25i per person was too much. A report by Mayor Wehmenn indicated that energy audits have been completed for 593 homes and requests are still coming in. According to Mayor Wehmann, he has been advised by Senator Frank Church that the proposed 9-digit zip code would take care of having a different number for Ammon and, if that fails, a bill will be submitted that would require the Post Office to give every incorporated city a separ~te zip code. Ordinance No. 186, which would regulate the retail sale of wine, was brought up for dis- cussion. Councilman Rowberry, who had not been present at the previous meeting when the first reading of the ordinance was accepted, stated that he would like to have more I time to study the ordinance and to consult with the City Attorney about the requirements of the law on which the county election was based. He pointed out that the election records show' that approximately 60% of those voting in Ammon were against the sale of wine in retail stores. It was litoved by Councilman Rowberry and seconded by Councilman Monson that action on Ordinance No. 186 be deferred until the meeting on December 18th; voting on the motion was two yes and one no; motion carried. Claims in the amount of $6,632.17 were presented and approved for payment. Councilman was all in ATIEST, ~ ~7 CITY CLERK tl' Swensen moved and Councilman Monson seconded that the meeting adjourn; voting favor; meeting adjourned at 11:10 P.M. ~/f i0LiJ__