Council Minutes 04/05/1978 (2)
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April 5, 1978
Crandall, a member of the Planning and Zoning Commission, at the last hearing; that 35
planning for growth to the east does not seem to be justification for annexation and
that the access to the east should have been planned to go through Georgia Lane instead
of through Wanda Street; that the services which are provided by the County on street
maintenance and snow removal are better than in the City; that they prefer the country
atmosphere which they have and some would not even want street lights; that they already
have the same benefits as City residents for law enforcement, fire protection, fire in-
surance rates, and water rates, so the City has nothing to offer them; that in some cases
the extra taxes would be a burden; and that the voice of the majority of the people should
have the most effect on the action that is taken. In response to an inquiry, Attorney
Anderson advised that the City has the legal right to annex Jennie Jean Estates by the
authority of State Statute. After all interested parties, including the Council members,
had been given an opportunity to be heard, Mayor Wehmann stated that it was then the re-
sponsibility of the Council to~make a ecisiMn~ councilman.Ro~ber~lmo~ed to proceed with
. . ;6om..ng l' W"l t verl.av D--anlma Dve ay. D' 1
the annexatlon of Jennle Jean s~a~e~. Tfle 0 lon was seconae Dy oun llwoman II e;
voting was Rowberry, yes; Dille, yes; Swensen; yes; Lee, no; the motion was carried by a
3 to 1 vote. There was a question regarding whether this action eliminates the right to
due process, and Attorney Anderson explained that the ordinance that annexes can have its
validity attacked if desired.
The minutes of the Planning and Zoning Commission regarding the ro osed annexation of
Parcel 4 (Fred Kvarfordt, LeMoyne Johnston, Calvin Slater Property were reveiwed. With
reference to the statement in these minutes about the need to have this area; located
immediately south of 17th Street and between Ammon-Lincoln Road and Jennie Jean Estates,
in the City so that the waterline can be extended along 17th Street, there was a question
by one of the property owners of why this is necessary, and it was explained that a com-
plete grid there will provide the necessary pressure for homes on that part of the system.
Mayor Wehmann pointed out the need for the City to plan a street pattern through the area
in anticipation of future development there. Mr. Kvarfordt and the Johnstons expressed
objection to being annexed, and Mr. Kvarfordt suggested that, if annexation does take
place, the land along Ammon-Lincoln Road should be zoned for apartments. He also acknow-
ledged that he might sell some of his property facing on that street for a church site.
Attorney Anderson mentioned that the chain of title on these small farms should be traced
to determine if they can be legally annexed. Councilwoman Dille moved to recess the hear-
ing on Parcel 4 u~til the n~~t ~eeti~, whic0.~il~ be April,~9, to give the Attorney time
to prepare an opinion on the annexation. The motion was seconded by Councilman Rowberry.
Councilman Swensen moved to amend the motion by striking out the date of April 19 and in-
serting the date of May 3. The motion to amend was seconded by Councilman Rowberry; the
voting was all in favor; motion carried. The voting on the amended motion was all in
favor; motion carried; the hearing on Parcel 4 was recessed until MayJL.
The special public hearing meeting was adjourned at 10:00 P.M.
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CITY OF AMMON
Apri,l 5, 1978
Minutes of the Regular Meeting of the Mayor and City Council:
The meeting was called to order at 10:05 P.M. by Mayor George Wehmann, with the following
City Officials present:
Mayor George Wehmann
Councilman Russell N. Swensen
Councilwoman Carol A. Dille
Councilman Francis Lee
Councilman David Rowberry
Others present during the meeting were
Clerk Deon Hemingway
Attorney W. Joe Anderson
Engineer David E. Benton
Asst. Engineer Robert Butler
Asst. Engineer Brad Nield
Asst. Maint. Supv. Gene Simpson
Dennis D. Lundberg and John Price.
The pledge of allegiance to the flag was conducted by Councilman Swensen; the invocation
was offered by Coundilman Lee. The minutes of the Special Meeting on March 15, 1978,
were ,'approved as prepared. The minutes of the regular meeting on March 15, 1978, were
approved as prepared.
Mr. Lundberg explained that hi~ purpose at the meeting was to determine what is necessary
t~ obtain a license to serve liquor by the drink in Ammon, since he is looking into the
possibility of building a club for a membership of people who like to play pool and where
food and liquor would be served. He noted that a location north of 17th Street in the
vicinity of the existing shopping center is being considered. Councilman Swensen mentioned
that a preliminary check with Attorney Anderson on the procedure for issuing a liquor li-
cense indicates that an ordinance would have to be adopted and there would have to be a
vote by the citizens on serving liquor by t~'l~ink in the City, but more time is needed
to make a thorough research on this. It wa!7tnat further discussion on this subject
should be postponed until the April 19th meeting, and the Mayor and Council members ex-
pressed the opinion that, if an election is required, the citizens of Ammon would not
approve such a proposal.
April 5, 1978
-36
An a lication of She lIe was taken under
conSl era lone e app lcant, explained that the request is
for permission to build a home on a lot immediately east of 3035 Central Avenue with a
72-foot frontage rather than 80 feet as required in an R-l Zone. It was noted that the
application shows that the adjoining property owners have been notified, and that Blaine
Godfrey indicates non-committal, DeLon Landon who signed the application stating no ob-
jection is no longer the owner of one of the adjoining properties, and Rex Purcell who
owns the house next door but does not live in it was notified by registeT.ed mail. A letter
sent by Mr. Purcell to the Mayor and City Council was read and found to be a statement of
objection to the proposal. Councilwoman Dille mentioned that she had been approached on .
the matter as a property owner directly across the street, but had not signed because
of her position on the Council. She was asked to step down as a voting member on the I
Council because of conflict of interest, and stated that she and her husband object to
the type of house the realtor plans to build if the variance is granted. Councilman
Rowberry reported that he had looked at the lot and felt that it is somewhat small on
which to build a home. Councilman Rowberry moved that the Council turn down the re-
quest submitted by New Concept Realty for a variance on the parcel of property on the
north side of Molen Street between Central Avenue and Meadow Lane. The motion was sec-
onded by Councilman Lee. Mr. Price commented that the house that was planned for the
lot meets all of the zoning requirements and that the people who are buying the former
Landon home have an understanding on this but it has not been put into writing. After
further discussion, which pointed out that perhaps the lot could never be used for any
purpose if a frontage variance is not granted and that the City had recently approved
a similar request for another property owner in the Original Townsite, there was a roll
call vote on the motion as follows: Rowberry, yes; Lee, yes; Swensen, yes; motion
carried. Later in the meeting, it was decided that Attorney Anderson should check the
County records on the history of the lot size with the thought in mind of giving re-
consideration to the matter at another meeting. .
A request for a variance submitted by Jesse Crow, 2680 Central Avenue, was brought up
for action. It was noted that the new Building Inspector, Hayse Whiteley, and Council-
man Rowberry had both looked at the situation and saw no problem. Councilman Lee moved
to grant a variance to Jesse Crow to be able to add a room to an existing trailerhome
on his residential lot to within five feet of. his house as stated in the application.
The motion was seconded by Councilman Swensen; voting was Swensen, yes; Lee, yes; Row-
berry, yes; Dille, yes; motion carried.
The Council took official action on matters as follows: Councilwoman Dille moved to I
authorize Mayor Wehmann to sign an agreement fo!!~atching funds grant of $142,280
(City'S share $71,140) from the Bureau of Outdoor Recreation for parks improvements.
The motion was seconded by Councilman Swensen; voting was all in favor; motion carried.
Councilman Swensen moved that Mayor Wehmann be authorized to proceed. with the application
for the preliminary permits for the hydroelectric rights to the Ririe Dam. The motion
was seconded by Councilman Rowberry; voting was all in favor; motion carried. Council-
man Rowberry moved to authorize Mayor Wehmann to sign the contract with Union Pacific
Railroad Com an for a roval on the water and sewer line crossin on Wanda Street.
It was explained that the developer involved has paid 200 to the City to be remitted
with this contract.) The motion was seconded by Councilman Swensen; voting was all in
favor; motion carried.
According to Mayor Wehmann, a meeting has been held with the Chief of Electrical Safety
and the Chief of Plumbing Safety from the State, and a tentative arrangement has been
made to have the State assume responsibility of electrical and plumbing inspections in
Ammon on May 1, 1978, and all inspections on permits issued prior to that date should be
done by the City of Idaho Falls, unless signed off to the State. Also a meeting is
scheduled with the Mayor of Idaho Falls on Friday this week to discuss terminating the
Building Inspection Agreement which has been in effect since November, 1974.
Mayor Wehmann indicated that there is a need to work further with the City of Idaho
Falls on an adjustment on the sewer metering charges, and Engineer Benton agreed to
handle this matter. It was mentioned that there should also be some discussion with
Idaho Falls City Officials about sewer inspections.
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REPORTS
Councilman Lee brought up a problem of a portion of a picket fence at 3090 Rawson St.
being burned when a City employee was burning weeds out of a ditch, and he was instructed
to work with the City's insurance company on this.
Councilman Swensen noted that the Bonneville Council of Governments would like suggestions
as to what the City would like the staff to do and if there are any areas of concern where
guidance is needed.
Councilman Rowberry reported that the Planning and Zoning Commission elected Jim McNett
as the new Chairman, and that action was postponed by that committee on the proposed
West Ammon Estates. With reference to the littering problem at 2045 Dove Drive which
has been of so much concern to the neighboring property owners and the City Officials
for some time, CounciDRan Rowberry explained that the Simpsons have been moved out and
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April 5, 1978
a thorough clean-up has been started. Regarding the situation at Well #6, which 37
has been out of operation for several months for pump repair and cleaning of the
storage tank, Councilman Rowberry informed the Mayor and Council that B & W Equipment
has been paid for the repair work and water sample tests show that the water quality is
good, so the well and the storage tank can now be put into use.
According to Councilwoman Dille, Gerald Walker has agreed to manage the summer baseball
program; also Paul Bunnell has been asked and is giving consideration to being Chairman
for Ammon Day.
Attorney Anderson announced that ordinances have been prepared to provide that the
amounts collected for water and sewer connection fees be dedicated to special funds for
capital improvements. The ordinance concerning water connection fees was assigned
No. 158 and was read in full by Attorney Anderson. Councilman Lee moved to waive the
second and third readings of Ordinance No. 158 pertaining to the dedication of water
connection fees and to place it on the third reading by title only. Councilman Row-
berry seconded the motion; voting was all in favor; motion carried. Ordinance No. 158
was read by title. Councilwoman Dille moved to adopt Ordinance No. 158. The motion
was seconded by Councilman Swensen; voting was all in favor; motion carried. Ordinance
No. 159 was read in full by Attorney Anderson. Councilman Lee moved to dispense with
the second and third readings of Ordinance No. 159 concerning sewer connection fees and
place it on the third and final reading by title only. The motion was seconded by Council-
man Swensen; voting was all in favor; motion carried. Councilwoman Dille moved to adopt
Ordinance No. 159. Councilman Swensen seconded the motion; voting was all in favor;
motion carried. Councilman Lee moved to re-adopt the Resolutions pertaining to water
and sewer connection fees as presently in effect, as follows:
WHEREAS, The City of Ammon, Bonneville County, Idaho, has passed an
Ordinance (4-3-14) providing for the establishment by Resolution of water
main connection fees; and,
WHEREAS, the rates previously established by prior Ordinance have been
rescinded by amendment,
NOW THEREFORE, before such connection is made, the person making appli-
cation shall pay to the City the sum of $300.00 for the initial connection of
a one and one-fourth inch (It") or less line. Connections for larger size
lines shall be proportional to the coss-sectional area of the line. Examples
of charges for other d:.ameter lines are:
It" diameter $
2 II diameter
3 II diameter
4 II diameter
6 II diameter _
This Resolution shall be in full
passage, approval and due posting.
432.00
768.00
1,728.00
3,072.00
6,912.00
force and
effect from and after its
WHEREAS, the City of Ammon, Bonneville County, Idaho has passed 'an
Ordinance (8-L}-13) providing for the establishment, by Resolution, 'of
sewer service connection and plumbing fees; and,
WHEREAS, these fees, previously established by Resolution are re-
scinded effective upon passage of this Resolution,
NOW, THEREFORE, before any permit is issued for the installation or
alteration of plumbing or sewers, or before any sewer connection permit is
issued for the installation or alteration of plumbing or sewers, or before
any sewer connection permit is issued, the person making the application
shall pay to the City a fee according to the following schedule:
Single Family Dwelling, sewer connection $300.00
Multiple Living Units, sewer connections:
Trailer Courts and Cabin Courts with
seParate single living units
Motels, Apartment Houses, Duplexes,
Condominia, and similar living units -
for each building
Commercial Buildings, sewer connections
$300.00
living
$300.00
living
$10.00 per
plus
unit
plus
unit
$10.00 per
Sewer Tap and Inspection Fee
Plumbing Permit
Each plumbing fixture or trap (including
drainage and water piping)
Each industrial waste pretreatment inter-
ceptor including its trap and vent,
excepting kitchen type grease inter-
ceptors functioning a~ fixture traps
Each water heater, except gas or electric
fuel operated
Repair or alteration of drainage piping
and/or vent piping
For each piece of water~treating equipment
and/or water piping installed without
accompanying plumbing
$300.00 plus $3.00 per
. plumbing fixture
$ 4.50
$ 2.00
$ 1.50
$
$
$
1.50
1.50
1.50
$
3.00
April 5, 1978
3R
For the connection of a house sewer to a
private sewage disposal system
For each private sewage disposal system
(septic tank and seepage pit or pits
and/or drainfield)
For each cesspool, overflow seepage pit,
drainfield extension or replacement,
swimming pool or house sewer manhole
For disconnecting, abandonment, alteration
or repair of any house sewer or private
sewage disposal system or part thereof
Lawn sprinklers without other plumbing $ 3.00
A separate sewer connection permit must be applied for and issued for each
building or trailer court or cabin court using the sanitary sewer system of
Ammon, and, except as otherwise provided herein, the connection fee above,
stipulated must ,be paid in each case that a plumbing permit is required. Once
the required sewer connection fee has been paid for any building connected to
the City sanitary sewer system, no further connection fee shall be charged for
any building constructed, or re-constructed at the same place, or so near the
same place that no substantial extension of the original side side sewer is
necessary to serve it. In all cases where a connection permit has been issued,
the connection fee is deemed to have been paid; in all other cases, proof of
payment of the fee shall be furnished by the applicant, and in the absence of
such proof a connection fee shall be charged.
This resolution shall be in full force and effect from and after its passage,
approval and due posting.
motion was seconded by Councilman Rowberry; voting was all in favor; motion carried.
$
$
4.50
1.50
$
3.00
$
1.50
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The
Engineer Benton introduced Brad Nield as the individual from his firm who will be working
on City engineering business now that Robert Butler has resigned to take a pesition as
Engineer for Bingham County. Bids on the paving of Southwick Lane and Midway Avenue in
the swimming pool area were reviewed, and it was noted that Charles Edwards Construction
Company had made the low bid, which was approximately $2,000 under the bid from H-K
Contractors and which was under the ~ngineer's estimate. Councilwoman Dille moved to
award the cont~act for the paving as described to Charles Edwards Construction for
$53,719.20, with the work to be completed 45 days after notice to proceed is given. The
motion was seconded by Councilman Rowberry; voting was all in favor; motion carried.
A letter from GHG Investment signed by Joe Groberg requesting the opening and paving of I
Midway Avenue from Southwick Lane to 17th Street under a Local Improvement District was
presented to the Mayor and Council, qnd Engineer Benton asked for action on this matter.
Mayor Wehmann recommended 43 feet of paving with 6 feet of gravelled shoulder on each
side with the City retaining 80 feet of right-of-way. Councilwoman Dille moved to
adopt a Resolution to give notice of the intention to create a Local Improvement District
to pave Midway Avenue north of Southwick Lane to 17th Street with a hearing on April 19, .
1978, 7:30 P.M. The motion was seconded by Councilman Swensen; voting was all in favor;
motion carried. Attorney Anderson and Engineer Benton are to take care of the details of
advertising for the hearing and sending out notices. On behalf of the property owner/
developer, Engineer Benton requested that a date be set for a public hearing before the
Council on the annexation and zoning of a proposed subdivision on the Darwin Judy pro-
perty, for which a public hearing was held by the Planning and Zoning Commission on
December 6, 1977, with a recommendation in favor of annexation and zoning as advertised,
and a date .of May 3, 1978, 7:30 P.M. was dec'ided upon. In response to a question by
Mayor Wehmann about the depth of water meters in Tie Breaker Village, Engineer Butler
explained that they are being installed under the same ,specifications as others in the
area which have had no problem from frost. Engineer Benton advised that the land behind
the homes on the west side of Dove Drive and along the curve of that street belongs to
Brunts, and it was recommended that the City suggest to the property owner that this area
become part of the lots to be taken care of by the residents there to eliminate the weed
patch that ex~sts on the presently vacant land.
Mayor Wehmann reviewed the results of a recent meeting with the County regarding coming
to an agreemen~ on the impact area, and it was decided that the City should accept the I
offer to have a meeting with a County sub-committee on this matter, and the date of
Tuesday, May 2, 1978, was ,suggested. At the request of the Mayor, a work session meeting
was scheduled for the evening of April 11. It was mentioned that Joseph Wenger has
moved, so a replacement for him on the Planning and Zoning Commission will be needed.
A problem with the bridge on Georgia Lane was brought up, and the City Engineer was
asked to make a recommendation on repairing the bridge.
Claims were approved for payment. Councilwoman Dille
seconded by Councilman Lee; the meeting was adjourned
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Ci ty Clerk . c7
moved to adjourn; the motion was
at 12:15 A.M.
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Mayor ;/
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