Council Minutes 12/18/1980
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CITY OF AMMON
December 18, 1980
Dec. 18, 1980
161
Minutes of the Regular Meeting of the Mayor and City Council:
The meeting was called to order at 7:35 P.M. by Mayor George Wehmann with the following
City Officials present:
Mayor George Wehmann
Councilwoman Carol A. Dille
Councilman Russell N. Swensen
Councilman David Rowberry
Councilman Thayle D. Monson
Clerk Deon Hemingway
Public Works Director Hayse
Attorney W. Joe Anderson
Asst. Engineer Dale Handy
Planning Commission Member
L. Whiteley
Robert Williamson
The pledge of allegiance to the flag was conducted by Councilman Row berry and prayer
was offered by Councilman Swensen.
Mayor Wehmann pointed out that further action was needed on Ordinance No. 186, in
accordance with the motion made at the previous meeting. There was a lengthy discussion
on the subject of this ordinance, which is in connection with the regulation of the ~
tail sale of wine. Attorney Anderson reviewed the State statute under which the County
option law' was passed and advised that qualifying stores in Ammon would be able to sell
wine with a county license even if the City did not pass the ordinance which was under
discussion. Councilman Rowuerry expressed the feeling that the ordinance should include
whatever limits allowed by the law to restrict the sale of wine in the City, such as
cutting back on the hours of selling, inasmuch as the voting in Ammon on this issue was
58% against, and recognition should be given to this election record on behalf of the
citizens. Discussion followed about what penalty provisions were in the ordinance,
amendment procedures, and what was the best way to let the citizens know that the City
Officials were concerned about their objections to the sale of wine as evidenced in the I
voting records. Councilwoman Dille moved to waive the second reading of Ordinance No.
186 and to place it on the third and final reading by title only. The motion was
seconded by Councilman Swensen. Discussion on the motion included further comments by
Councilman Rowberry about amending the ordinance to limit the hours of sale from 7 A.M.
to 7 P. M . rather than to 1 A. M., w'hich he felt would put more "teeth" in the regulations
by restricting the availability of wine to earlier hours and not during the evening
partying time of young people. Councilman Swensen stated that he appreciated this con-
cern but could not see where changing the hours here would solve anything when Ammon is
so close to-the City of Idaho Falls. Councilman Swensen moved the previous question,
to stop debate; the motion was seconded by Councilwoman Dille; voting was 3 yes, 1 no;
motion carried. Voting on the original motion was 3 yes, 1 no; motion carried. Ordi-
nance No. 186 was read..,,-by title. Councilwoman Dille moved to adopt Ordinance No. 186
as an ordinance of the City of Ammon on its third and final reading. The motion was
seconded by Councilman Swensen; voting was Dille yes, Swensen yes, Monson no, Row'berry
no. Mayor Wehmann voted yes, with an explanation that he felt that the City needed to
have regulatory powers in this matter. The motion was carried, and Ordinance No. 186
was adopted. Councilman Rowberry requested that the record state that he voted "no" be-
cause the ordinance did not provide for anything different than what the county has.
It was moved by Councilwoman Dille and seconded by Councilman Swensen that the City
Council officially goes on record as still objecting to the sale of wine but recognizes
the county-wide option having passed and, therefore, passed Ordinance No. 186 to have
regulatory powers. Voting was all in favor; motion carried unanimously.
A report by Robert Williamson on items from the Planning and Zoning Commission indicated
that a public hearing had been held in relation to a request by the developer for
de-annexation of a portion of Tie Breaker Village addition, for which a recommendation
to deny was made, and a plat for the development of Division #1 of the Delmar Anderson
Addition was reviewed and recommended for approval. Regarding the Tie Breaker Village
business, Mr. Williamson explained that the decision was based on grounds that the re-
quested de-annexation would have an impact on the residents presently living in the
original portion of the subdivision and would create a problem of maintaining the layout
for roads and utilities in that area. Tt was mentioned that the developer, Russ Wallace,
had brought up the matter of a property tax increase as one of the reasons for his
request, but Mr. Williamson had checked and found that the County Assessor had made an
error and Mr. Wallace had not bothered to go to the assessor for an adjustment, which
wa!5 :full t tobe.a derogatory response to Mr. Williamson's efforts. Mayor Wehmann acknowledged
that a public hearing before the City Council w'ould likely be required, but advice from
the City Attorney was needed before any further action is taken; however, he expressed
the opinion that the City needs to go on record as opposing the de-annexation.
Action on the plat of Delmar Anderson Addition Division #1 was taken under consideration.
Mayor Wehmann noted that a development agreement is needed before any construction is
started on the property shown on the plat which contains 11 lots, and Dale Handy was
instructed to take this back to Engineer Benton, along with a request to be sure to
include the recommendation of the Planning Commission that a cul-de-sac be required at
the end of streets until they are extended further in future divisions. It was moved
by Councilman Sw'ensen and seconded by Councilwoman Dille that the preliminary plat of
Division #1 of the Delmar Anderson Addition be approved on the recommendation of the
Planning and Zoning Commission. Voting was all in favor; motion carried.
According to Mayor Wehmann, three applications for appointmen~on the Planning and
Zoning Commission have been received, and additional applications will be accepted
until December 31st.
Dec. 18, 1980
162
Mayor Wehmann reported that, since he was not able to attend a special meeting on Dec-
ember 15, he had sent a mailgram to the State Director of Farmers Home Administration
in Boise regarding the proposed withdrawal of the City from the FmHA lending area, and
there may be people from that agency here at the Council meeting on January 8, 1981.
The Council members were informed by Mayor Wehmann that he would be meeting with Dale
Rockwood of the Bonneville Fire Protection District regarding the Mutual Aid Agreement
and that the City of Idaho Falls officials have given notice that the agreement between
that city and Ammon for mutual aid is to be discontinued.
It was reported by Councilman Rowberry that arrangements have been made with the City
Public Works Director to solve the curb-cut problem at the Russell Owen property at
2940 Teton Street when spring comes by putting in an approved asphalt approach. I
Public Works Director, Hayse Whiteley, informed the Mayor and Council about miscellaneous
matters such as missing traffic signs, improvement work being done in the shop area of
the city building, etc.
Claims were presented by the City Clerk in the amount of $16,343.53, which were approved
for payment, and it was noted that the annual payment of $64,636.00 to Farmers Home Ad-
ministration on the Water and Sewer Revenue Bond will be made from invested funds during
the last week in December.
With reference to the recently completed Energy Audit projeot, Mayor Wehmann mentioned
that letters of praise have been received from Utah Power & Light Company and the Idaho
Public Utili ties Commission, and an article has appeared in the "Energy Update" publica-
tion put out by the State Office of Energy. He pointed out that the City Building was
audited and, if the City is eligible, an application will be made for a no-interest loan
to have some work done when that program gets underway.
It was moved by Councilw'oman Dille and seconded by Councilman Rowberry that the meeting
adjourn; voting was all in favor; meeting adjourned at 9:30 P.M.
ATTEST: ~~ ~,(l.'~?/
CITY CLERK / /'
CITY OF AMMON
January 8, 1981
Minutes of the Regular Meeting of the Mayor and City Council:
The meeting was called to order at 7:35 P.M. by Mayor George Wehmann with the following
City Officials present:
Mayor George Wehmann
Councilman David Row'berry
Councilwoman Carol A. Dille
Councilman Thayle D. Monson
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MAYOR
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Clerk Deon Hemingway
Engineer David E. Benton
Asst. Attorney Douglas Nelson
Public Works Director Hayse L. Whiteley
Planning Commission Member Elaine McGary
Absent: Councilman Russell N. Swensen
Also present during the meeting were Joe T. McCarter and Meade Kohl, FmHa Boise; Marla
England, FmHA Idaho Falls; Jean Pugh, 3160 Owen St.; Beverly Ritter, 295 Crimson; and
Nathan Bentley (Scout), 2015 Eagle Dr.
The pledge of allegiance to the flag was conducted by Councilman ROW'berry and prayer
WaS offered by Mayor Wehmann. Minutes of the meetings on September 4, 1980, September
18, 1980, September 25, 1980, October 2, 1980, and October 16, 1980, were approved as
prepared.
It was announced that a public hearing before the City Council regarding the requested
de-annexation of a portion of Tie Breaker Village has been scheduled for 7 P.M. on
February 5, 1981.
Mayor Wehmann reported that he was contacted by seven people who were interested in
appointments on the Planning and Zoning Commission for the two vacancies that exist.
He explained that he used the criteria of length of residency, lack of conflict of I
interest, and location in the community in deoiding to recommend the nomination of
Betsy Kasnick of 4015 Ross Avenue for the term which expires on February 28, 1982, and
Art Frey of 3005 Geneva Drive to fill the vacancy expiring on February 28, 1981, and
for an additional term of three years until February 28, 1984. Other residents who
had expressed interest were listed by Mayor Wehmann as Gerald Mitchell, 3151 Marlene St.,
Bill Quapp, 3850 Wanda St., Ted Sorenson, 1815 Curlew Dr., Hester Pulley, 4200 Wanda St.,
and Bruce Lind, 3175 Midway Ave. Regarding the two other terms on the Planning Commission
which expire soon, Mayor Wehmann proposed the re-appointment of Jim McNett and Jim South-
wick, both of whom have indicated willingness to continue serving. Councilman Rowberry
moved to confirm the appointment of Betsy Kasnick to a term on the Planning and Zoning
Commission to expire on February 28, 1982; the motion was seconded by Councilman Monson;
voting was all in favor; motion carried. Councilman Rowberry moved to confirm the
appointment of Art Frey to a term on the Ammon Planning and Zoning Commission for two
months expiring February 28, 1981, and also confirm for a three-year term to expire on
February 28, 1984; the motion was seconded by Councilman Monson; voting was all in