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Council Minutes 11/18/1982 November 18, 1982 224 CITY OF AMMON November 18, 1982 Minutes of the Regular Meeting of the Mayor and City Council, with Public Hearing: The meeting was called to order at 7:30 P.M. by Mayor George Wehmann, with the following City Officials present: Mayor George Wehmann City Clerk Deon Hemingway Councilman Russell N. Swensen Public Works Director Hayse L. Whiteley Councilman Thayle D. Monson Engineer David E. Benton Councilwoman Carol A. Dille Attorney W. Joe Anderson Councilman Robert D. Williamson Planning Commission Member Gary Butterworth Acting Fire Chief Doug Brinkman Others present were Reynold Chambers, 2863 E. 17th St., Dor~in Pierson, 1710 Avocet Dr., Ed Turner and Bruce Lawrence, City of Idaho Falls, Tom Loertscher, County Commissioner, I R. G. Gray, County Engineer, Laraine Sant, 3808 E. 17th St.., Karen Almond, 3890 E. 17th .. St., Kay Davis, 1905 Avocet Dr., Scout Leader Jerry Hoggan and Scouts Wes Andrews, Robert Crandall, Robbie Hoggan, and Ted Sorenson of Sorenson & Associates. The pledge of allegiance to the flag was conducted by Councilman Swensen and prayer was offered by Councilman Williamson. Minutes for August 5, 1982, were approved. later in the meeting. The public hearing was opened by Mayor Wehmann with a review of a new ordinance (No. 193) regarding the pr~cedures for public hearings as required by law. The subject of the hear- ing was stated to be applications for rezoni~ from R-2 and R-JA to C~l on property owned by David E. Benton and G.H.G. Investment. The location of the land on the north side of 17th Street in the vicinity of Avocet Drive was pointe~ out on the map. It was noted that the legal publication of Notice of Hearing was in order, and that the Planning and Zoning Commission had a hearing on the proposed rezoning on August 17, 1982, with a re- sulting recommendation that the change be approved as requested. The receipt of a letter from Helen Hoyter of 2985 E. 17th Street submitting a petition registering objection to the zone change and signed by 24 of the residents and owners of property in the adjacent area was made a matter of record. Mayor Wehmann called attention to notations on the applications indicating that a portion of the property was originally zoned commercial when annexed then was later changed to residential, and he explained that this action took place in 1973 when the City adopted a revised zoning map and it was evident at that time that there were no immediate plans to develop the .area. Dorwin Pierson of 171~ Avocet Drive expressed a desire to speak and was sworn in as required by the new rules. I He presented a letter against the rezoning from his neighbors, James E. and Frances M. Bishop of 1705 Avocet Drive, and said that he could not see why a zone change should be made when other commercial land along 17th Street i~ not used yet and everyone within 300 feet is against the proposal. David E. Benton, who stated his home address to be 1045 Syringa Drive, Idaho Falls, was sworn in to give testimony as owner, along with his brother Lloyd Benton, of part of the property being considered for rezoning, and re- presenting, without financial interest, the G.H.G. Investment Company which owns the remainder of the property. He not~d that no development is being considered at the present time, and it is intended that a master plan be prepared for the future so it will be a nice area that will be of financial benefit to the City. Mr. Benton pointed out that the land is designated for commercial use on the Ammon Comprehensive Plan and that he feels there is sufficient bu~fer area for the existing residential lots. There being no further comments from the public or the City Council members, the: hearing was closed at 7:50 P.M. and.the Mayor and Council proceeded with the regular meeting. (Councilman Swensen was excused from the meeting and returned later.) It was moved by Councilman Williamson that the property known as the David E. Benton and G.H.G. Investment property, as described previously in the public hearing, be rezoned to C-l as recommended by the Planning and Zoning Commission and for the reason that it is important for the City to comply with the Comprehensive Plan and the majority of the property owners in Ammon feel that.the ~ea should have a commercial zoning. The motion was seconded by Councilman Monson; voting was Williamson yes, Monson yes, Dille I yes, Swensen absent; motion ~assed. Mayor Wehmann assured Mr. Pierson that use of the rezoned area will be controlled within the guidelines of the zoning ordinance, and Mr. Benton indicated that a plat will be presented to the Planning Commission for approval before anything is done there. It was recognized that County Commissioner Tom Loertscher, County Engineer R. G. Gray, and E. K. Davis (Ammon resident employed by the County Road and Bridge Department) were present to discuss the speed limit on 17th Street east of Ammon-Lincoln Road where the A~m~n City L~mits,are on the south side of the street only, and to consider the possi- blllty of unlformlty for the.posted spe?d.~~ 17th Street now that the City of Idaho Falls has changed to a 40-mlle speed Ilmlt from Ammon to South BId L ' f 3808 au evar. aralne Sant o E., 17th Stre~t commented on the need for speed control east of Ammon-Lincoln Road,.c~~ll~ attentlon to the number of children who ride bicycles on the street there espfficla y ln the summer months, and stated that she preferred 35 miles per hour but I ~ CD f'- () <C <( I I November 18, 1982 9')"- would not object to 40 miles per hour if uniformity is agreed upon. It was noted ~fi~i Ed Turner from the City of Idaho Falls was prepared to present information on a study of the traffic on 17th Street, but it was felt that this would not be necessary. Mayor Wehmann reviewed the reasoning of the Ammon City officials in deciding previously to stay at 35 miles per hour in Ammon, including the visibility problem at the Falcon Driv~ intersection and the number of youngsters who must cross 17th Street to catch school buses. It was agreed that there was no need to change the City's position on that portion of the street. After further discussion about conditions that exist on the street east of Ammon-Lincoln Road, with the fact that the road is narrow in that lo- cation being mentioned, it was moved by Councilwoman Dille and seconded by Councilman Williamson that the City of Ammon recommend to the County Commissioners that the speed limit be set at 35 miles per hour from Ammon-Lincoln Road to Crowley Road on 17th Street. Voting on the motion was all in favor; motion carried. A suggestion to put stop signs at the railroad tracks on 17th Street and to get some trees removed to improve visibility there was also discussed. Ted Sorenson, representing the developer of Sandway Village, a proposed subdivision in the Ammon impact area located at the ,northeast corner of the intersection of Hackman Road and Township Road, displayed and reviewed the layout of the plat as revised follow- ing recommendation made by the Ammon Planning and Zoning Commission and Bonneville County Planning and Zoning Commission. (The preliminary plat for this, subdivision was previously discussed by the City Council at the meeting on July 1, 1982.). Conditions to be included in a development agreement were discussed, and Mr. Sorenson agreed to provide copies of the proposed agreement for study by the Mayor and Council members before action can be taken. A Quit Claim Deed to correct the legal description on a deed previously issued, for pro- perty in the City right-of-way of Meadow Lane north of Owen Street, was considered. It was noted that the document had' been found to be in order by the City Attorney and the City Engineer. Councilman Swensen moved to authorize Mayor Wehmann to sign a Correction Quit Claim Deed to Evelyn (Robison) Thurman. The motion was seconded by Councilman Monson; voting was all in favor; motion carried. The Street Finance Report for Fiscal Year 1982 was presented for approval. It was moved by Councilwoman Dille and seconded by Councilman Swensen that the Annual Certifi- cation of the Street Finance Report be accepted; voting was all in favor; motion passed. A report by Gary Butterworth of the Planning and Zoning Commission indicated that the matter of a rezone on the Richard Kelly property on the northwest corner of the Ammon- Lincoln Road and Sunnyside Road intersection was reconsidered by the Planning and Zoning Commission, and the revised recommendation is. to approve a change from R-JA to C-l as requested by the applicant. It was recalled that public hearings were held on this re- zoning request before the Planning Commission on August 17, 1982, and before the City Council on October 7, 1982. Councilman Williamson moved that the Richard Kelly pro- perty, described as the East 170 feet of Lot 4 Block 6 Original Townsite, be rezoned C-l. The motion was seconded by Councilwoman Dille; voting was Williamson yes, Dille yes, Monson yes, Swensen yes; motion carried. Mr. Butterworth informed the City Council that a ,study of a model ordinance for manufactured housing has been started, and mentioned that two new members are needed on the Planning and Zoning Commission. According to Councilman Williamson, it has been necessary for Richard Taylor to resign as Acting Fire Chief because of having to work extra hours at his place of employment, so Doug Brinkman is now in that position with Jim Southwick as Acting Assistant Fire Chief. Mr. Brinkman presented information about the condition of the fire truck and the possibility of changing from the existing telephone system to a plectron system for activating the siren, etc. In response to a request that the City Engineer provide the Council with advice con- cerning commercial sewer rates, Engineer Benton ~eported that theCCity of Idaho Falls charges 65t per thousand gallons and the original sewer agreement states that Ammon should not charge less than the Idaho Falls rate. With reference to the amount provided for in the Fiscal Year 1983 Budget for employee salaries, a motion to authorize a 2% cost-of-living increase for City employees, retro- active to October 1, 1982, was made by Councilman Swensen and seconded by Councilman Monson with voting all in favor and motion carried. Councilman Williamson commented on the progress of his investigation regarding the advisabiltiy of having a "quick response unit" in Ammon, and he reviewed the monthly law enforcement report. Mayor Wehmann mentioned that he had talked with County Commissioner Burtenshaw about going back to a joint effort on animal control, and he recommended that Councilman Williamson contact the sheriff about this since it would be to the City's advantage to have more hours of coverage on dog problems. November 18, 1982 December 2, 1982 22(, In view of a news article indicating that the City of Idaho Falls is taking action against the Magistrate Court concerning a shortage in the amount transmitted from fines, Mayor Wehmann suggested that Attorney Anderson send a written request, if appropriate, that Ammon's problem be considered again regarding not having received all funds due from the court in the past.. Inasmuch as it was agreed that more time was needed to study the details of a request for a variance at 3690 Geneva Drive, a motion to table action on" the application was made by Councilman Swe~sen and seconded by Councilwoman Dille. Voting on the motion .was all in favor; motion carried. Information on a used garbage truck which will be available for purchase in January of 1983 was discussed. It was pointed out that, because of the City's tight financial condition, it would be better to consider this rather than contracting for a new truck as planned when the budget was approved. Councilwoman Dille moved that Public Works Director,Hayse Whiteley, be authorized to investigate the possibility of purchasing the used garbage truck through Western Road Machinery. Councilman Swensen moved and Council- man Monson seconded that the motion be amended to add a condition that the City wants to try the truck out before making a decision to purchase. Voting on the motion to amend was all in favor, and voting on the amended motion was also unanimous in favor and the motion passed. , Claims totaling $7,702.87 were approved along with vouchers in the amount of $6,424.81 paid since the previous meeting and a transfer of $22,000.00 to the City's investment fund. I A motion to adjourn was made by Councilwoman Dille and seconded by Councilman Monson; voting was all in favor; the meeting was adjourned at 9:45 P.M. ATrEST: L 47- CI1Y CLERK ~ . // . /~;/ , /"7 / MK oFi P"''' ti.e Ie "<'" >e' I CITY OF AMMON December 2, 1982 Minutes of the Regular Meeting of the Mayor and City Council: I The meeting was called to order at 7:30 P.M. by Mayor George Wehmann, with the following City Officials present: Mayor George Wehmann Councilman Russell N. Swensen Councilwoman Carol A. Dille Councilman Thayle D. Monson Councilman Robert D. Williamson Also presant during the meeting was Ted Sorenson of Sorenson & Associates. City Clerk Deon Hemingway Public Works Director Hayse Attorney W. Joe Anderson Engineer David E. Benton L. Whiteley The pledge of allegiance to the flag was conducted by Councilman Williamson and prayer was offered by Councilman Swensen. An application for a variance at 3690 Geneva Drive filed by Jay Kauer of Realty World, acting as agent for a prospective buyer, was considered and found to be in order with the signature of approval of the neighboring property owner having been obtained. It was noted that statements in the application indicated that the purchase of the property is contingent on the assurance that a garage can be built, which would have to extend into the sideyard as required by the zoning, and that it would be 3 to 4 feet to the property line if a garage 12 fe,et wide were to be constructed., Councilman Swensen moved to approve I a sideyard variance of ~ to 4t feet (zoning requires 7i feet) at 3690 Geneva Drive as requested by Jay Kauer, Realtor. The motion was seconded by Counc~lman Wi~liamson; voting was Swensen yes, Williamson yes, Dille yes, Monson yes; motlon carrled. The Mayor and Council reviewed an application submitted by the Circle K Store, 2545 E. 17th Street, for the renewal of a license for the retail sale of beer and wine. It was moved by Councilwoman Dille and seconded by Councilman Williamson that the request for license renewal for the Circle K Store be approved; voting was all in favor; motion carried. Mayor Wehmann asked for guidance from the City Attorney and the City Engineer regarding coming up with a legal form which would provide a procedure for giving assuran~e to the City that the requirements of the Flood Plain Management ordinance are being met when a building permit is issued for construction in the City's flood prone area. He explained that this is needed so that the Federal Emergency Management Agency cannot come back to the City for violations of the law.