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Council Minutes 05/15/1979 May 3, 1979 104 Public Works Director, Hayse Whiteley, noted that there are a number of apparently unused vehicles parked on the street or right-of-way throughout the City, and it was decided that a letter giving notice to remove should be sent out, with Mayor Wehmann to approve the wording of the letter before it is delivered. A complaint from Michael Berg, 2040 Dove Drive, about Gary Johnson of 2020 Dove Drive parking his commercial truck in his front yard was discussed, and Mayor Wehmann agreed to write to Mr. Johnson after Attorney Anderson checks the City Code on this subject. Also mentioned by Mr. Whiteley was an inquiry about whether or not anything can be done about someone parking on the grassed area of the street right-of-way in the Original Townsite without the permission of the adjoining property owner, and the failure of the developers to have the animal-overlay zoning put on the Felt and Waite Addition where the lots are of ample size for keeping livestock animals. Engineer Benton reported that calculations have been made and a check submitted from the Iona-Bonneville Sewer District on the sewage treatment costs for the flow from the Sewer District which is below the meter at 17th Street. Mayor Wehmann called attention to the fact that action needs to be started to work out an up-dated Sewer Agreement with the City of Idaho Falls by June 1, 1979, and commented that perhaps consideration should be given to getting a letter of intent between the City of Ammon and the Iona-Bonneville Sewer District regarding entering into a partner- ship for sewer maintenance. The City Clerk presented claims in the amount of $25,853.78, which were approved for payment. Councilwoman Dille moved and Councilman Swensen seconded that the meeting adjourn; voting was all in. f..avor; mee.t.in: adjourned at 10:30 P=4M. Attest: A~~(/ . /---/~~ J CITY C \ CITY OF AMMON May 15, 1979 Minutes of the regular meeting of the Mayor and City Council: The meeting was called to order by Mayor George Wehmann at 7:35 P.M, with the following City Officials present: Mayor George Wehmann Clerk Deon Hemingway Councilman Francis Lee Public Works Director Hayse L. Whiteley Councilwoman Carol A. Dille Attorney W. Joe Anderson Councilman David Rowberry Engineer David E. Benton Councilman Russell N. Swensen (arrived 8:15 P.M.) Also present during the meeting were Gary Voight and Attorney Greg Crockett. The pledge of allegiance to the flag was conducted by Councilman Rowberry and the invoca- tion was offered by Councilwoman Dille. Minutes of the meeting on April 19, 1979, were approved as prepared. Attorney Greg Crockett, respresenting Mr. Voight, asked for the feelings of the Mayor and Council regarding a proposal to build a "nice" restaurant in Ammon which would offer the sale of liquor with the meals. It was noted that, before a liquor license can be obtained from the State, the City Council would have to pass a special ordinance for this purpose. Mayor Wehmann suggested that a determination be made regarding whether or not such an ordi- nance could restrict the issuance of liquor licenses in the City to restaurants without opening the way to bar establishments. Comments of the Council members indicated that they would either be opposed to the sale of liquor in Ammon or would need to know more about what the law allows with regard to liquor licenses before making any decision, and would likely require that the matter be presented to the City residents in a public hearing. Mr. Crockett and Mr. Voight agreed to get some definite information on the State Liquor Laws and get back with the City officials if they desire to go ahead with their proposal. With regard to the large trees along the Floyd Baldwin property at the corner of Central Avenue and Owen Street, Mayor Wehmann reported that a copy of a letter written by the neighbor, Ronald Salisbury, to Mr. Baldwin has been received, and Mr. Ba~dwin is nowask- ing that consideration be given to the comment made at the meeting on April 19th when the matter was first discussed that a cooperative agreement for sharing the cost of the tree removal might be worked out. Attorney Anderson again advised that the property owner is responsible, and Mayor Wehmann indicated that he would write a letter of explanation to Mr. Baldwin. The Annexation Agreement .for the L.D.S. Ammon Stake Property, located on the east side of Ammon-Lincoln Road and south of 17th Street, was presented for action. It was noted that the legal description in the Agreement needed to be changed to be the same as the description used in the public hearing notices, which included the Ammon-Lincoln Road right-of-way. Mayor Wehmann pointed o~t also that a provision should be made in the I I I I ~ to ('- o <( <( I I May 15, 1979 ""'lIlIIII I Agreement regarding costs for road, waterline, and sewerline improvements when the 1()5 street on the north of the property is developed some time in the future, and there should be some wording about the description of the street area to be dedicated to the City. Councilman Rowberry moved that Mayor Wehmann be authorized to sign the Annexation Agreement for L.D.S. Ammon Stake Property subject to the changes as specified. The motion was seconded by Councilman Swensen; voting was all in favor; motion carried. An Ordinance to annex the L.D.S. Ammon Stake Property was assigned No. 176 and was read by Attorney Anderson: "AN ORDINANCE ANNEXING CERTAIN LANDS TO THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO; DESCRIBING WITH PARTICULARITY SAID LANDS TO BE ANNEXED AND HEREBY ANNEXED AND DECLARING SAID LANDS A PART OF THE CITY OF AMMON, BONNEVILIE COUNTY, IDAHO; DETERMINING THE PROPER ZONING FOR CLASSIFICA- TION OF THE ANNEXED LANDS AND TERRITORY UNDER THE ZONING ORDINANCE OF THE CITY OF AMMON t IDAHO; PROVIDING FOR AN EFFECTIVE DATE FOR THIS ORDINANCE AND OF THE ANNEXATION OF SAID LANDS." Councilman Swensen moved that the City Council dispense with the rule requiring the read- ing of the ordinance on three different days and that the three readings be waived. The motion was seconded by Councilman Rowberry; voting was Swensen, yes; Rowberry, yes; Dille, yes; Lee, yes; motion carried. Ordinance No. 176 was read by title. Councilman Swensen moved to adopt Ordinance No. 176 as an ordinance of the City of Ammon. The motion was seconded by Councilman Rowberry; voting was Swensen, yes; Rowberry, yes; Dille, yes; Lee, yes; motion carried and Ordinance No. 176 adopted. Ordinance No. 177, an Ordinance to annex Tie Breaker Village, Division No.3, and Remaining Portion, was introduced and read by title: "AN ORDINANCE ANNEXING CERTAIN LANDS TO THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO; DESCRIBING WITH PARTICULARITY SAID LANDS TO BE ANNEXED AND HEREBY ANNEXED AND DECIARING SAID LANDS A PART OF THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO; DETERMINING THE PROPER ZONING FOR CLASSIFICA- TION OF THE ANNEXED LANDS AND TERRITORY UNDER THE ZONING ORDINANCE OF THE CITY OF AMMON, IDAHO; PROVIDING FOR AN EFFECTIVE DATE FOR THIS ORDINANCE AND OF THE ANNEXATION OF SAID LANDS." Councilman Swensen moved that the City Council dispense with the rule requiring the read- ing of Ordinance No. 177 on three different days and that the three readings be waived. The motion was'seconded by Councilman Rowberry; voting was Swensen, yes; Rowberry, yes; Dille, yes; Lee, yes; motion carried. Ordinance No. 177 was read by title. Councilman Swensen moved to adopt Ordinance No. 177 as an ordinance of the City of Ammon. The motion was seconded by Councilman Rowberry; voting was Swensen; yes; Rowberry, yes; Dille, yes; Lee, yes; motion carried and Ordinance No. 177 adopted. Mayor Wehmann announced the acceptance by Dick Kelly of an appointment on the Planning Commission for the remainder of a 3-year term which began on March 1, 1979, noting that Mr. Kelly had served on the Commission before when he was an Ammon resident and that he now lives outside the City and within the Area of City Impact. Councilwoman Dille moved to approve the appointment of Dick Kelly on the Planning and Zoning Commission. The mo- tion was seconded by Councilman Rowberry; voting was all in favor; motion carried. Councilman Rowberry reported that the Planning Commission had reviewed County plats of Lincoln Park Div. #4, Arnold Mobile Homes Park, and an amended plat of Mountain View Es- tates Div. #2, with recommendations to approve on all; also that the Commission scheduled another hearing on June 12 on the projected land use map. It was pointed out that the County plats, as mentioned, need comments from the City Council, so these items will be on the agenda for the next meeting. In response to information presented by Councilman Row- berry regarding a seminar on May 31, Councilman Swensen moved that the City Council extend an offer to pay the registration fee for any Planning and oning Commission members and/or the City Council Representative to attend a workshop on "Easing the Pain of Growth" on May 31 in Idaho Falls; seconded by Councilman Rowberry; voting all in favor; motion carried. Recommendations on rate increases for swimming as made by Councilwoman Dille were discussed, revised slightly, and approved, with the comment that the expenses of the pool must be met by fees collected, and the City will do everything possible to keep costs down. Matters discussed by Engineer Benton were relative to the access to and the pump for Well #7, and the paving to be completed in Jennie Jean and on Midway Avenue. Regarding sewer leaks, Mayor Wehmann proposed that Attorney Anderson be given instructions to file suit against H-K Contractors since there has been no satisfactory response from that company. Public Works Director Hayse Whiteley reviewed information in connection with abandoned ve- hicles, work in Peterson Park, a water main problem at 17th St. and Midway Avenue, the waterline for Well #7, and the need for spraying dandelions in the parks. The City Clerk presented claims in the amount of $14,722.53, which were approved for pay- ment, and the financial report as of April 30 was reviewed. It was moved by Councilwoman Dille and seconded by Councilman Swensen that the meeting adjourn; voting was all in favor; meeting adj~ at IO~ ATTEST: <'~ MAYOR rpAA/1A ./