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Council Minutes 10/03/1973 26 CITY OF AMMON October 3, 1973 Minutes of the Regular Meeting of the Mayor and City Council: The meeting was called to orde r at 7: 40 the following City Official present: Mayor Keith C. Turnbow Councilman Russell N. Swensen Councilman Marvin J. Anderson Councilman Gerald B. Cheney Councilman James H. $outhwick P. M. by Mayor Keith C. Turnbow with Clerk Deon Hemingway Engineer David Benton Attorney Franklin Smith (8: 30 P. M. ) Others present during the meeting were Mr. and Mrs. Richard Fisher and Larry Waters. Prayer was offered by Councilman Southwick. Minutes of the meeting of Sept. 19, 1973, were approved as typed. Mr. and Mrs. Fisher presented a problem which they are having trying to sell a long narrow lot (60 IX 330 ') located on the corner of Owen Street and Romrell Lane, since the City has denied Building Permit applications to put a trailer- home there. Explanation was made that the applications are denied because mobilehomes do not meet the Uniform Building Code which City law requires, that granting variances without "good reason" would create proble.ms when other requests to set in trailerhomes are made, and that the lot is wide enough for a house with the standard setback requirements. It was sUggested that the Fishers contact some of the contractors who are building quite a few homes in the Cith and who seem to be in the market for small lots. A request for a variance for a Building Permit to add office space to a non- conforming building was put before the Council by Larry Waters of Waters Construction Company. It was pointed out that this matter had been considered by the Planning and Zoning Commission where the feeling was expressed that the addition would be an asset to the neighborhood and that Mr. Waters was to get the feeling of the people in the area. Mr. Waters presented a paper signed by adjacent property owners indicating no objection along with a drawing of the proposed addition. After the Council had discussed the matter, Councilman Southwick moved that the City approve a variance for Waters Construction Company for Building Permit #1533 to construct an office additon to the present building. The motion was seconded by Councilman Cheney, voting was all in favcrr; motion carried and permission granted. Further discussion with Mr. Waters determined that the business includes repairing of such thingS as motorcycles and snowmobiles, and a warning to avoid noise problems was given. Later in the meeting Attorney Smith reviewed court rulingS on similar variance applications for changes in non-conforming buildings and counseled that the issuing of a variance seems to be in line with cases which allowed changes to meet modern needs of the business without substantially altering the structural use of the building' He sUggested that this would be a good time to get into writing exactly what the approved non-conforming use of the building involved is so that there will be no question in the future. This matter is to be taken care of by Mayor Turnbow and the City Attorney. Enginee r Benton reported that construction on the sewerline on Sunnyside Road is getting slowly underway with the contractor having several equipment break- down problems. He noted that arrangements have been coITltleted for putting in a turn-around at the south end of Ross Avenue with Mr. Bird being willing to let the land be. used for this purpose if an agreement is signed so that the property will gO back to him when no longer needed for a turn-around. This agreement is to be prepared in the City Attorney's office. Mayor Turnbow explained that fast action was nece s sary in making this cul- de - sac, so a culvert has been installed, fencing arrangements made, and Hartwells are hauling gravel to the location. The City will stand the cost of the culvert and the fence. Verbal permission has been obrained from pro- pertyowner, Vern Petersen, to put in a cul-de-sac at the deadend of Ross Avenue north of Sunnyside Road, and the possibility of opening the road from there to the Jennie Jean development is being checked out. A turn-around is neede even if the road is opened thrOugh for the use of the city garbage truck I I I I o 00 t-- ~ W W I I 27 when thr road would be closed in the winter or turning around is better for the collection route. According to Engineer Benton, the property that Brunts claim is not deeded to the City (Lot 19 Block 3 Hillview Div. #1) could not be found on the tax rolls, and the fact that it has been used for a street for some years and no taxe s paid on it should indicate that there is no problem as far as the City is concerned. The recommendation of the Planning and Zoning Commission not to purchase the land now known as Falcon Park and property along the east side of Sand Creek for city parks was reviewed by Engineer Benton. A thorough consideration of the matter re sulted in the following action: Councilman Swensen mo \ ed that the Council ask the City Engineer to investigate what part of Falcon Park is required to improve the efficiency of Well #3 operation; seconded by Councilman Cheney, voting all in favor; motion carried. Engineer Benton recommended also that the City acquire the necessare easements through the land along Sand Creek for the sewerline construction. SUggestions for location of a future park in the eastern part of the City were discussed, and Engineer Benton was authorized to make sketches of the proposals to be presented to the Planning and Zoning Commission at its next meeting on October 16. A preliminary 'plat of the proposed Warren Bird Subdivision bordering on Aspen Lane and Ross Avenue was studied by the Council in anticipation of receiving recommendations on the final plat from the Planning and Zoning Commission at the next regular meeting. The matter of requiring curb and gutter in the original townsite was discussed, and Mayor Turnbow recommended that such a requirement be omitted at this time on the original 99-foot streets, (will be required on alleyways opened for streets unless 120 ft. frontage regulation is met) since there is no storm sewer and short sections cannot be put in until a grade is established for the entire townsite. Attorney Smith reported that the provlslons hf the cable television ordinance which was assigned No. 111 and passed for .the first reading at the meeting of September 19 are included in the recodification. Consequently, the Council recommended a- gainst pas sing a separate ordinance on the subject. A change in some of the wording was suggested. Mayor Turnbow requested that the attorneys make a special effort to have the recodification ready for official action in November. Council-members were encouraged by Mayor Turnbow to attend a special meeting on October 26 as requested in a letter from Jerry Wadsworth, County Civil Defense Director. Announcement was made by Mayor Turnbow that the Water and Sewer Project Grant Agreement papers showing an amount of $131,170 have been received from the State Department of Environmental and Community Services. He also noted that the EPA grant was amended to $583, 629 after the contract fi~res were reviewed by that agency. After the subject was introduced by Mayor Turnbow, Councilman Southwick reported on the recommendation of the Planning and Zoning Commission regarding easements and sidewalks where the alleyways are- to be opened- -(that a 10 -foot easement should be retained for utilities but not for sidewalks). A motion made by Councilman Swensen and seconded by Councilman Cheney accepting the Commission's recom- mendation was withdrawn. After further discussion, Councilman Swensen moved that the City of Ammon retain the center ten (10) feet of the dedicated thirty-three (3.3) ft. alleyway on the north end of Blocks 6 and 8 of the Original Townsite, City of Ammon. The motion was seconded by Councilman Cheney; voting all in favor; motion carried. According to Mayor Turnbow, a letter has been written to Utah Power &Light Company pertaining to moving the power poles in the alleys to be opened, and Engineer Benton has talked to Hartwells about moving the top soil from these areas. Also the City crew will be moving the fence on the property north of McCowin Park next week so the contractors can move in their equipment. Councilman Swensen mentioned several items which were discussed at the last 28 BCOG meeting such as suggesting that the county consider extending the hours at the sanitary landfills during the summer months and a survey which is being taken on the interest in bicycle paths. He reported that he has had confirmation on will- ingness to be reappointed on tre Traffic Safety Commission from two members, and moved that the Council approve the re -appointment of Kent Harker and Dennis Shaw to three-year terms. The motion was seconded by Councilman Southwick; voting was all in favor; motion carried. Councilman Anderson reported that the speed limit sign is gone from the south end of Sabin Drive. He indicated that the residents have suggested to him that the area in front of the City Building be blacktopped and marked for parking. It was determined that this is not feasible at this time due to the expenditure invol ed and the sewer construction. It was felt that it would be possible to put some gravel on the north side of the street to make parking space for those coming on city business. I The Council discussed procedures to follow for failure to appear on parking citations and recommended writing letters then issuing warrants if necessary. Councilman Cheney requested that Councilman Anderson present information on the progres s of getting shrubs replaced in the entrance way on Avocet Dri ve since he has been more in touch with the situation. Some small shrubs have been planted which are not entirely satisfactory, and the matter is being checked out by the Telephone Company with follow through by the city planned. The need to appoint election officials for the City Election coming up on November 6 was brought to the attention of the Council. Councilman Swensen mo ed that the Council appoint the following individuals as Election Officials: Vera Lee, Almira Richardson, Elmoyne Bailey, Betty Crumb, Ethel Pickett, and Priscilla Shaw as alternate, and as Constable Glen Southwick and Edgar Clarence Gibson as aletenate. The motion was seconded by Councilman Cheney voting all in favor, motion carried. The meeting was adjourned at 11:55 P. M. Claims were approved for payment. ~~~~ MYOR . I ~.~ CLERK CITY OF AMMON Oct. 17, 1973 Minutes of the Regular Meeting of the Mayor and City Council: The meeting was called to order at 7:40 P. M. by Mayor Keith C. Turnbow with the following City Officials present: Mayor Keith C. Turnbow Clerk Deon Hemingway Councilman Marvin J. Anderson Engineer David E. Benton Councilman Russell N. Swensen Attorney Franklin Smith (8: 30 P. M. ) Councilman Gerald B. Cheney Councilman James H. Southwick Others present during the meeting were Mr. and Mrs. Warren Bird, Jay I Hammond, Leta Carlson, Mr. and Mrs. A. Wm. Brun~, Jr., and Mr. and Mrs. Brent Hirschi, and Marvin MCGary. Prayer was offered by Councilman Swensen. Minutes of the meeting of Oct. 3, 1973, were approved as typed. Mr. and Mrs. Bird, the present property owners, and Jay Hammond and Leta Carlson representing the real es tate company handling the deal, wel'e present to ob tain information on what improvements would be required by the City for approval of the plat of the proposed Warren Bird Subdivision. Councilman Southwick reviewed the recommendation of the Planning and Zoning Commission that the final plat be approved subject to the stipulation that curb and getter and paving be required. Since it is impractical to put in these improvements at this time due to the sewer construction project,