Loading...
Council Minutes 01/04/1978 January 4, 1978 14 CITY OF AMMON January 4, 1978 Minutes of a Special Hearing before the City Council 6n the matter of a Nuisance (Littering) Complaint filed against Mr. Alton Nebeker or 2985 E. 17th St. : The meeting was called to order at 7:35 P.M. by Mayor George Wehmann with the following City Officials present: Mayor George Wehmann Clerk Deon Hemingway Councilman Russell N. Swensen Attorney W. Joe Anderson Councilman Marvin J. Anderson Councilman Francis Lee I Councilwoman €arol A. Dille Councilman Elect David Rowberry The meeting was turned to Attorney Anderson to conduct, and he noted that Mr. Nebeker had been served with proper notice by the Sheriff's Department with a reminder ha been delivered to his home this day by the City Clerk. Inasmuch as Mr. Nebeker did not appear, it was recommended that the hearing be recessed until later in the evening. There was no objection to this proposal, so Mayor Wehmann declared the hearing rec~ssed. Minutes of the Regular Meeting of the Mayor and City Council: The meeting was called to order at 7:40 P.M. by Mayor George Wehmann with the following City Officials present: Mayor George Wehmann- Councilman Marvin J. Anderson Councilman Russell N. Swensen Councilwoman Carol A. Dille Councilman Francis Lee Councilman Elect David R. Rowberry Others present during the meeting were LaRue Swensen, Janis Rowberry and small sons, and Leland Dille. Clerk Deon Hemingway Attorney W. Joe Anderson Asst. Engr. Robert Butler Maint. Supv. LaVern E. Williams The pledge of allegiance to the flag was conducted by Councilman Swensen; I the invocation was offered by Councilman Lee. Minutes of the Special Meeting of December 21, 1977, and the Regular Meeting of December 21, 1977, were approved as prepared. I~ was pointed out by Mayor Wehmann that any unfinished business of the out- going Council should be discussed at this time. Councilman Anderson, who was not re-elected so was to go off the Council, stated that he had nothing to report in connection with uncompleted business. Mayor Wehmann gave re- cognition to Councilman Anderson for his years of service on the City Council, noting especially his recent work in securing a Bureau of Outdoor Recreation grant for additional development of City park properties. Councilman Swen- sen, who was on the Council the full time with Councilman Anderson, also commented on the support and cooperation shown by him and wished him well in his future endeavors and activities. A specially engraved plaque was presented to Councilman Anderson to express the gratitude of the people of Ammon. In the presence of family members and City Officials, re-elected Council- man Russell N. Swensen and newly-elected Councilman David R. Rowberry were sworn in by City Clerk Deon Hemingway. The new Council proceeded to elect Russell N. Swensen as President of the Council for the years 1978-79 by a unanimous vote on a motion made by Councilman Lee and seconded by Council- woman Dille. Mayor Wehmann, in a statement concerning the affairs of the City, indicated that the most pressing problem facing the new Council is to accomodate the growth of the City without putting a burden on the pre- sent residents ot the developers, noting that there are as many as 600 - lots waiting to be developed compared to the 800 now occupied. He commented that recent decisions concerning water meters and other development require- ments should help to keep expansion costs and problems under control. According to Mayor Wehmann, another matter of necessity caused by the City's rapid growth is to get professional assistance, and that is being worked on by an effort to employ a City Engineer/Public Works Director. He also expressed a desire to "smooth things out in the decision-making process" and suggested that information on City business be delivered to the homes of Council members about twice each week. I I ~ CD I"- U <t: <( I I January 4, 1978 Appointments on Council Committees, as listed in the minutes of Nov- 15 ember 16, 1977, were made official by Mayor Wehmann. Ordinance No. 155, establishing an Area of City Impact, was brought up for discussiQn. It was noted that a copy of this ordinance had been trans- mitted by Attorney Anderson to the County Commissioners on December 23, and that a letter dated December 28, 1977, from Commission Chairman Artell Suitter has been received in response. The County Public Hearing on this subject is scheduled for January 10, 1978, and it was recommended that the City of Ammon be represented there to set forth the position of differing with the County's apparent desire to keep the impact areas the same as the I-mile jurisdictional limits because it is felt that this is not the intent of the State law. Councilman Lee moved to put Ordinance No. 155 on its second readinq. The motion was seconded by Councilman Swensen; voting was all in favor; motion carried. Councilman Swensen moved to pass the second reading of Ordinance No. 155; Councilman Row- berry seconded the motiQn,which was carried by a unanimous vote. The Council members indicated that they had studied the Annexation Aqree- ment for Monty Howell Addition Division #1, which has been presented for approval, and it was pointed out that the agreement is in two parts be- cause of the difference in the cost differential on waterlines for the two parcels of land within the subdivision. It was also explained that it was thought that the agreement on this property had been finaled at the time the area was annexed on October 20, 1976,(Ordinance No. 142), but there was no signed Annexation Agreement in the City files, so action is needed now on the up-dated agreement which includes terms on water meters. Councilman Lee moved to authorize Mayor Wehmann to sign the Annexation Agreement for Monty Howell Addition, Division #1, Parcell. The motion was seconded by Councilwoman Dille; voting was all in favor; motion carried. Mouncilman Lee moved to authorize Mayor Wehmann to sign the Annexation Agree- ment for Monty Howell Addition, Division #1, Parcel 2. The motion was seconded by Councilwoman Dille; voting was all in favor; motion carried. AttorneyAnderson is to check the agreement papers before the Mayor's sig- nature is affixed. In the matter of the lona-Bonneville Sewer District Aqreement, it was de- cided that the payment schedule as proposed by the District officials is acceptable. Councilman Swensen moved to authorize Mayor Wehmann to sign the Iona-Bonneville Sewer District Agreement in behalf of the City of Ammon, listing a payment schedule of $2,500 initial payment within 30 days of the signing and annual payments of approximately $1,745 to be made thereafter for 30 years at an annual percentage rate of S%, with the option to payoff the obligation ahead of schedule. The motion was seconded by Councilman Rowberry; voting was all in favor; motion carried. Mayor Weh- mann explained that the wording in the agreement had been changed in accord- ance with a recommendation from the firm of CH2M Hill relative to coopera- tion on the cost of any needed future expansion of the system. Regarding the proposal from the firm of CH2M Hill to make a traffic study, the Council members indicated agreement on using City funds up to a cost of $3,750 for this purpose, and applying for additional funds from the State if necessary. Councilwoman Dille moved to authorize CH2M Hill to proceed with the Traffic Reconnaissance Study. The motion was seconded by Councilman Swensen; voting was all in favor; motion carried. In response to a request by the City Clerk that the Council make-a deteL- mination on a policy for charqinq builders for water durinq the construc- tion time, Councilman Lee moved that builders be charged for water starting at the time that the water is turned on for that property, and that the charge beat the regular residential rate. The motion was seconded by Councilwoman Dille; voting was all in favor; motion carried. Regarding deposits on accounts for City utilities and services, it was requested that the Clerk prepare some figures on the amounts collected so that appropriate action can be taken in the future if it is determined that the deposit policy should be discontinued. January 4, 1978 16 Consideration was given to the application for a non-commercial kennel license submitted by Kim Jessen, 2885 Ross Ave., who has three dogs, noting that the permission of 75% of property owners in possession of premises within 150 feet had been obtained by signature on the application. Council- man Lee moved to grant the license as requested since the applicant had fulfilled all requirements of the City ordinance. The motion was seconded by Councilman Swensen; voting was all in favor; motion carried. REPORTS Councilwoman Dille indicated that there was no activity in the Parks and Recreation Department except that the basketball program is continuing. I She reported that she had checked with the neighbors of William Burns, 3240 Dal Avenue, and found no objection to the permission given to allow Mr. Burns to keep two horses on his residential lot until February 15th. According to Councilwoman Dille, there is a meeting scheduled with County officials on January 16 relative to animal control. She reminded the Coun- cil that a special public hearing on the proposed annexations to square up the City boundaries is set for Tuesday, Jan. 17, 1978, 7:30 P.M., before the Planning and Zoning Commission, and the presence of the Mayor and City Attorney is requested. Councilwoman Dille agreed to attend the County Traffic Safety Meeting the following morning. Reference was made to a call from a citizen expressing strong objection to the Council's decision to pay the claims on dog injuries described in the minutes of the previous meeting. sent to Mark Jensen Councilman Lee reported that a bi11in2lin the amount of $60.72 for the work done by City employees in cleaning up sand, etc., on a building lot on Samuel Street which was considered a safety hazard has been returned by the postoffice, and Attorney Anderson advised that this should be cancelled as a bad debt considering that it is known that Mr. Jensen has filed bankruptcy and apparently cannot be located. Regarding an application for grant funds for Fire Department equipment, Councilman Lee mentioned that notice has been received that this will be given high priority this year and is to be re- I submitted with additions as desired by February 1. It was noted that the cost of the two-way radio equipment which was ordered several months ago is to be included in this grant application. In connection \nth the radios, Mayor Wehmann reported that monitors have been received and are being used by himself, Fire Chief Marvin McGary, and Assistant Fire Chief Elmer Wilson, and the installation of the base station and mobile units has been delayed due to a problem with crystals. Councilman Lee reviewed the monthly report of Fire Department activities. Councilman Swensen presented a report on the progress of cleaning the sand out of the water storage tank, noting that the use of a suction pump did not prove satisfactory so a crane and bucket is being used. Mayor Wehmann commented that Councilman Swensen spent some of his own time working in the tank with the City employees. Engineer Butler was asked to find out when the pump repair is expected to be completed so that the well and storage tank can be put back in operation. With reference to the activities of the City Attorney, it was pointed out that Attorney Anderson will be representing the City at the reopening of the Idaho Public Utility Commission hearings on the Utah Power & Light Company rate increase case ,~n Preston and Rigby during the following week, in addition to Mayor Wehmann presenting testimony at the Tuesday hearing in Preston. I According to Engineer Butler, Hartwell Excavating Co. (now H-K Contractors) claims no responsibility for the sewer line problem at 3180 Midway, which was mention at the previous meeting, and owner Karl Quigg has decided to wait until the frost is out of the ground before going ahead with any digging. Engineer Butler reviewed a water connection fee study which he has prepared, with special mention being made to the fact that the present monthly charge for water service includes $2.83 for debt amortization on the water and sewer project of-1974, and that, if people who obtain building permits for future new construction pay a fee-of $245, they will basically be pay- ing for their part of the improvements to the water system. Regarding the I ~ to ,....... U <t <( I I January 4, 1978 sewer meter station, Engineer Butler reported that it is in operation 17 and being read every day, and that readings indicate that the estimated flow on which the City has been billed by the City of Idaho Falls for some time now is high, so some credit may be due. He also mentioned that the Iona-Bonneville Sewer Dis~r~ct went on the line at 3 P.M., Dec. 30, so the Ammon station is metering sewage for both entities until the IBSD meter is calibrated which is expected to be before the end of this month. It was requested that the Engineer make a written summary of the first month's operation of the sewer meter station., The City Clerk reported claims to pay in the amount of $860.85, a checking account balance in the General Fund of $8,111.11, and delinquent accounts at the end of December of $240.50. Mayor Wehmann noted that he had checked with the City's insurance agent and was advised that the City's position of paying small claims,such as those on the recent dog injuries, was correct, then a claim can be filed with the insurance company at any time. He explained that Attorney Ander- son has inquired by letter concerning the premium on coverage for liability on decisions made by City Officials. A copy of a BCOG Study on Flood Con- ~ was given to Councilman Swensen by Mayor Wehmann. The Mayor reported that word has been received that the injunction on the Unemployment In- surance Case has been denied and an appeal has been filed. A plan to apply for funds through the East Central Idaho Planning and Development Associa- tion for the proposed annexation study was mentioned by Mayor Wehmann. He also expressed his intentions to attend a two-day Conference on Health Care in Boise for which he stated that he applied for and re- ceived financial assistance, noting that his reason for going to this meeting will be brought up at a later date. Mayor Wehmann observed that a number of people have commented on the special significance of the occasion when City of Idaho Falls Mayor Pedersen was presented with a Rlaque from the people of Ammon. The hearing on the Alton Nebeker Nuisance Complaint was reopened without the appearance of Mr. Nebeker. Attorney Anderson advised that the Council should make a finding on what evidence the City has. Councilwoman Dille moved that the condition of the premises at the Alton Nebeker residence, 2985 E. 17th Street,be declared a nuisance by reason of scattered garbage and an abandoned car. The motion was seconded by Councilman Lee; voting was all in favor; motion carried. Mayor Wehmann recommended that some appropriate action be taken since a legal notice had been served and no individual should be allowed to stand in defiance of the law. Attorney Anderson was asked to send a letter to Mr. Nebeker to explain what might result as a consequence of his failure to appear. It was suggested that, if it becomes necessary for the City crew to go in and do the clean up, a law enforcement officer should accompany them. Councilman Swensen moved to adjourn; Lee; meeting adjourned at 10:10 P.M. the motion was seconded by Councilman after claims wer~ approved for payment. / /y /.~ -~ '/, .. /~//~_. .'. (/ / .e~yty ,:/(/ f<. 2.;//;//2 .1/ h / Mayor . / I // 'c+/ . ~~:?>L /~re""~~ Clerk ' ;/ f"