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Council Minutes 10/02/1980 I q lO i' o <.C <[ I I Oct.o.b~_2, 1980 CITY OF AMMON October 2, 1980 15~ Minutes of the Regular Meeting of the Mayor and City Council: The meeting was called to order at 7:35 P.M. by Acting Mayor Russell N. Swensen with the following City Officials present: Councilman Russell N. Swensen Councilwoman Carol A. Dille Councilman David Rowberry Councilman Thayle D. Monson Absent: Mayor George Wehmann Others present during the meeting were Kent Wood and Zane Hall. Clerk Deon Hemingway Public Works Director Hayse L. Whiteley Engineer David E. Benton Member Planning Commission Gary Butterworth The pledge of allegiance to the flag was conducted by Councilman Swensen and the invoca- tion was offered by Councilman Rowberry. Councilman Swensen reviewed the results of the public hearing held on Septmber 25, 1980, regarding the application for a temporary Special Use Permit to operate a Christian School at 3765 Brookfield Lane, indicating that there were no negative comments by those present after there was an understanding of the length of time involved. It was moved by Coun0ilwoman Dille and seconded by Councilman Monson that a Special Use Permit be granted for the Christian School being operated by Bishop George Foster Jr. at 3765 Brookfield Lane. Voting was Dille yes, Monson yes, Rowberry yes, Swensen yes; motion carried. Councilman Rowberry explained that it has been brought to his attention that payment was not remitted to Ronald Williams, 2005 Midway Avenue, on his claim for sewer service line re- pairs as determined by the Council on January 3, 1980, and he recommended that the matter be reviewed. Public Works Director, Hayse L. Whiteley, noted that he had inspected the sewer line construction and observed the air-pressure test on the main with Brad Nield of Benton Engineers when the construction was completed on Midway Avenue between Southwick Lane and 17th Street, and no broken pipe problems were detected at that time since the air did not leak out at any place. He pointed out that Mr. Williams and his father had rented a backhoe for digging the trench when the sewer and water pipes were put in from the property line to the house and, although he wasn't made aware of any problem with the sewer at that time, he knew that the water pipe had been bent during the backhoe work, so the property owner might have broken the sewer pipe also then. Mr. Whiteley said that later, after the house was occupied and sewer problems developed, he was there while the digging was being done and saw that the connection had been made to a piece of pipe that was broken off from the service line that came from the main, so that would have happened after the air-pressure test. Following further discussion of this additional information regarding the air-pressure test which had not been presented at the meeting in January, it was moved by Councilman Rowberry and seconded by Councilman Monson that the payment of $188 be denied to Ronald Williams for his claim as submitted at the January), 1980, meeting for digging up and putting in a new section of sewer service line. Voting was Rowberry yes, Monson yes, Dille yes, Swensen yes; motion carried. Councilman Swensen mentioned that there was a need to amend the minutes of January 3, 1980, on the subject. Councilman Rowberry moved that the minutes" of January 3, 1980, page 128, beginning with the statement "After careful deliberation" be amended to read "considering the new evi- dence submitted this date, October 2, 1980, to this Council, the previous decision is rescinded and the position is taken that it was not a construction error on the part of o & F Construction Company causing the problem at 2005 Midway Avenue at the residence of Ronald Williams." The motion was seconded by Councilman Monson; voting was Row'berry yes, Monson yes, Dille yes, Sw'ensen yes; motion carried. According to the Public Works Director, his attendance at recent meetings has pointed out the necessity of adopting an ordinance relating to cross-connections in the City water system, and copies of an ordinance on this subject passed by the City of Shelley were distributed for study and discussion at the next meeting. Councilman Rowberry re- minded the Council members to look over the Comprehensive Plan so it can be brought up at the following meeting also. Councilman Sw'ensen reported that he had contacted the property owner, Russ Wallace, about the fire hazard of weeds in the undeveloped area of Tie Breaker Village subdivision, and he indicated that he would try to solve the problem. Kent Wood app'Bared and was given time to review his proposed development of the R-2 lot:t in the Westwood Addition, including the problem which exists since the width of the lots in his plan do not conform with the zoning requirements. He mentioned that it has been brought to his attention that an ordinance being considered by the City of Idaho Falls would accomodate the individually-owned two-family units that he would like to build. Gary Butterworth reported that the Planning and Zoning Commission has looked at the ordinance referred to, which is an amendment to the Planned Unit Development (PUD) Ordi- nance, and found that the ordinance that the City of Ammon already has on this subject, designated as a T7Dwelling Group (Planned)", covers the basic needs of the proposed West- wood Addition project. In answer to a question by Mr. Wood, he was advised that permits could be issued to build the first building on the w'est side of lots north and south of San Carlos Street, but he would be taking a chance about building others on the same lot under the present plan, and it was recommended that he present a plan for a PUD. Mr. Wood indicated that, after his attorney and the City Attorney resolve the matter of the number of accesses allowed from Ammon-Lincoln Road, he would come in with a plan for a PUD. Hayse Whiteley, Public Works Director, reported that the Blue Cross Medical Insurance information has been reviewed by the City employees, and they have indicated a desire to enroll. It was moved by Councilwoman Dille and seconded by Councilman Rowberry that October 2, 1980 October 16, 1980 154 the City medical insurance be changed to the Blue Cross policy and that coverage with Washington National through the Association of Idaho Cities be cancelled effective November 1, 1980. Voting was Dille yes, Rowberry yes, Monson yes, Swensen yes; motion carried. In connection with his w'ork as the City Building Inspector, Mr. Whiteley asked for the feeling of the Council regarding building permits for adding metal siding, new shingles, etc., on buildings. Discussion on this subject resulted in a motion by Council- man Rowberry that the City not require building permits for new siding or roofing to be added to existing structures. The motion was seconded by Councilman Monson; voting was all in favor; motion carried. Claims in the amount of $1,662..58 were presented by the City Clerk and approved for payment. Councilman Sw'ensen read a copy of a letter from Mayor Wehmann to the County Commissioners recommending and supporting the appointment of Jim Southwick, who is a member of the Ammon Planning and Zoning Commission, on the County Planning and Zoning Commission, which was made a matter of record. It was moved by Councilman adjourn; voting was all in I ;1 .. " ATIEST, /C~~n CITY CLERK Rowberry and seconded by Councilwoman Dille that the meeting favor; meeting adjourned at 9:40 P.M. ~---<-<- 11.~ /~YOR CITY OF AMMON October 16, 1980 Minutes of the Regular Meeting of the Mayor and City Council: 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. Sw'ensen Councilman David Rowberry Councilwoman Carol A. Dille Councilman Thayle D. Monson Others present during the meeting of the E-Z Stor& project, and a Labrum, Eric Erickson, Ray Sayer, Clerk Deon Hemingway Public Works Director Hayse L. Whiteley Engineer David E. Benton Attorney W. Joe Anderson Member Planning Commission Gary Butterworth were Robert Nixon, Stewart Roberts, and Alvin McDaniels Cub Scout group including Ann Speirs (leader), Johnny Benjamin Speirs, and Jason Forman. I The pledge of allegiance to the flag was conducted by Councilman Row'berry and the invoca- tion was offered by Councilwoman Dille. Minutes of the July 3, 1980, meeting were approved as prepared. Mayor Wehmann announced that he had read the completed Development Agreement for the E-Z Storage project and found it to be comprehensive in covering all of the items asked for such as easements for roadways, water lines and sewer lines; maintenance responsibility for water lines, sanitary sewer and storm sew'er lines, and fire hydrants; fence loca- tions, etc. He noted that the storm sewer drain will be extended to the south end of the area as it is developed and the City will have the right to connect to it at that time, which w'ould be good for the drainage of Falcon Drive. It was explained by Mayor Wehmann that, even though Councilman Rowberry and Councilman Monson, who have been work- ing with him to be sure that all City requirements are met, have not had an opportunity to review' the agreement and it has not been checked by Attorney Anderson, the company is desirous of receiving an occupancy permit so that operations can begin. Robert Nixon expressed a willingness to work out whatever the Council and Attorney decide if'action could be taken at this time. Councilw'oman Dille moved to authorize Mayor Wehmann to sign the Development Agreement for E-Z Storage contingent upon the review of Councilman Row'berry, Councilman Monson, and Attorney Anderson. The motion was seconded by Council- man Swensen; voting was all in favor; motion carried. The ordinance regarding cross connections in the water system, as mentioned at the pre- vious meeting, was discussed, and Attorney Anderson was asked to prepare an ordinance for adoption at a later meeting. I It was reported that the City Council members, along with Attorney Blair Grover, Engi- neer Benton, and Hayse Whiteley had met to view' the TV camera films of the leaks in the sewer lines, and that representatives of H-K Contractors and Attorney Dennis Olsen have also seen the films,in connection with the pending lawsuit regarding the leakage problem. With reference to the bad leak on Western Avenue, Mr.Whiteley indicated that this one has been determined to be in a service line put in after the sewer project w'as completed and the owner of the property has been contacted. Mayor Wehmann called attention to an announcement that Farmers Home Administration is considering withdrawing the City of Ammon from the area where loans are made for the purchase of homes. He stated that this is disturbing because it will affect the develop- ment of land that has been annexed to the City and, also, since the FmHA loaned money to the City for a sewer system which is large enough to accomodate future growth and the City is purchasing Well #7 in anticipation of taking care of the water supply needs of that grow'th. In response to this concern voiced by the Mayor, Councilman Swensen moved and Councilwoman Dille seconded that the City go on record as opposing the action of Farmers