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Council Minutes 05/03/1978 May 3, 1978 J2 MinJtes of a Special Meeting of the Mayor and City Council: CITY OF AMMON May 3, 1978 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 Russell N. Swensen Councilman Francis Lee Councihwman Carol A. Dille Councilman David Rowberry Others present were Joe Espinoza, 3405 Taylorview Lane, Paul Cox, 3400 Taylorview Lane, Randy Waite, 3475 Taylorview Lane, Beth Lords, property owner at 3575 Taylorview Lane, Derrald Ricks, Rt. 7 Box 5, Ferrel Wood, Rt. 7 Box 6, and developers Darwin and Glenda Ju~y, Rt. 7 Box 7, and Galen D. Tirrell, 144 W. 7200 So., Midvale, Utah. Clerk Deon Hemingway Attorney W. Joe Anderson Engineer David E. Benton I opened as a continuation of the public hearing on the proposed annexa- of Parcel 4 Fred Kvarfordt LeMo ne Johnston and Calvin Slater ro erties as sche~uled in the special meeting of April 5, 1978. Reference was made to a letter from Attorney Anderson containing information on his research of the owner history of the properties and a statement that that tracts are not legally subject to annexation without consent of the owners. Mayor Wehmann reported that he had contacted Mr. Kvarfordt who stated that he does not want his property to be annexed, and Mr. Johns- ton has also indicated objection to the proposed annexation, which was initiated by the City. Councilman Rowberry moved to terminate the hearing on Parcel 4 and abide by the ruling of the City Attorney. The motion was seconded by Councilman Swensen; voting was all in favor; motion carried. The next item of business was a public hearing on the Darwin Judy property as advertised, and it was noted that a letter requesting annexation with an initial zoning of RPA was submitted by Mr. and Mrs. Judy and that this is the same property which was previously considered as a new division of the Felt and Waite Addition. The matter of the width of Sunnyside Road, which runs along the north side of the proposed subdivision and which is expected to be widened in the future, was brought up by Derrald Ricks, and it was re- commended by the Council that the Judys allow the same amount of extra right-of-way for that street as was done in the existing Felt and Waite Addition, and Engineer Benton, re - presenting the developers, indicated that this is what is planned. It was noted that the lots are to be a minimum of 120 feet in width with no sidewalk, curb, and gutter, and Mayor Wehmann pointed out that the streets with 50 feet of right-of-way must have 36 feet of paving and those with 60 feet of right-of-way are to have 43 feet of paving. Questions regarding the meaning of initial zoning and Overlay 6 were answered. An item which was mentioned to be incorporated in the development drawings and annexation agreement was the need for a sewer lift station for the southern part of the subdivision, which is to be put in at the expense of the developer, with the possibility of the property owners in that location being charged an additional amount in their monthly billing for sewer service to go for the maintenance of the lift station. It was determined that the re- commendation of the Planning and Zoning Commission was approval of the annexation and initial zoning request as advertised. Councilman Swensen moved to approve the preliminary plat as presented. The motion was seconded by Councilman Rowberry; voting was all in favor; motion carried unanimously. I Councilman Lee moved to adjourn the special public hearing; the motion was seconded by Councilman Swensen; voting was all in favor; mot5.on carried. The meeting was adjourned at 8:15 P.M. ,,; - t ' / .p' '. ,/ ./ ./i ',...... .. ./,/ { {, I II I (;r, d {. MAYOR ATTEST: .~ ~:C'7' ~?~ ,,,-,,,,;/,,,,.?(. C I v CITY CLERK (/ (--- Z / ./-;"--"; (I.. r / ( ,.()- J '() I-- / I I ~ to I' o ex <( I I CITY OF AMMON May 3, 1978 May 3, 1978 43 Minutes of the Regular Meeting of the Mayor and City Council: The meeting was called to order at 8:30 P.M. (following a public hearing) by Mayor George Wehmann, with the following City Officials present: Mayor George Wehmann Clerk Deon Hemingway Councilman Russell N. Swensen Attorney W. Joe Anderson Councilwoman Carol A. Dille Engineer David E. Benton Councilman David Rowberry Councilman Francis Lee The pledge of allegiance to the flag was conducted by Mayor Wehmann; prayer was offered by Councilwoman Dille. Ordinance No, 160 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 DECLARING SAID LANDS A PART OF THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO; DETERMINING THE PROPER ZONING FOR CLASSIFICATION 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." (Parcel 2, land on west side of UPRR) Councilwoman Dille moved that the City Council dispense with the rule requiring the reading of the ordinance on three different days and that the three readings be waived. The motion was seconded by Councilman Swensen; roll call vote was Dille, yes; Swensen, yes; Rowberry, yes; Lee, yes; motion carried. The ordinance was read in full. Council- man Swensen moved the adoption of Ordinance No. 160 as an ordinance of the City of Ammon on its third and final reading. The motion was seconded by Councilman Lee; roll call vote was Swensen, yes; Lee, yes; Dille, yes; Rowberry, yes; motion carried unanimously. Ordinance No. 161.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 DECLARING SAID LANDS A PART OF THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO; DETERMINING THE PROPER ZONING FOR CLASSIFICATION 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." (Jennie Jean Estates) Councilma~ Lee moved that the City Council dispense with the rule requiring the reading of the ordinance on three different days and that the three readings be waived. The motion was seconded by Councilman Swensen; roll call vote was Lee, yes; Swensen, yes; Rowberry, yes; Dille, yes; motion carried. Ordinance No. 161 was read in full. Council- man Rowberry moved for the adoption of Ordinance No. 161 as an ordinance of the City of Ammon on its third and final reading. The motion was seconded by Councilman Lee; roll call vote was Rowberry, yes; Lee, yes; Dille, yes; Swensen, yes; motion carried. It was noted that Ordinance No. 161 specifies an effective date of June 1, 1978. Ordinance No. 162 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 DECLARING SAID LANDS A PART OF THE CITY OF AMMON, BONNE- VILLE COUNTY, IDAHO; DETERMINING THE PROPER ZONING FOR CLASSIFICATION 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." (Parcel 6, land bordering Sand Creek north of 17th St.) Councilman Lee moved that the City Council dispense with the rule requiring the reading of the ordinance on three different days and that the three readings be waived. The motion was seconded by Councilman Swensen; roll call vote was Lee, yes; Swensen, yes; Dille, yes; Rowberry; yes; motion carried. Ordinance No. 162 was read in full. Council- man Swensen moved the adoption of Ordinance No. 162 as an ordinance of the City of Ammon on its third and final reading. The motion was seconded ty Councilman Rowberry; J?oll call vote was Swensen, yes; Rowberry, yes; Dille, yes; Lee, yes; motion carried. Ordinance No. 163 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 DECLARING SAID LANDS A PART OF THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO; DETERMINING THE PROPER ZONING FOR CLASSIFICATION 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." (Tie Breaker Village Division No.2) Councilwoman Dille moved that the City Council dispense with the rule requiring the reading of the ordinance on three different days and that the three readings be waived. The motion was seconded by Councilman Rowberry; roll call vote was Dille, yes; Rowberry, yes; Swensen, yes; Lee, yes; motion carried. In response to a question by Mayor Wehmann, Engineer May 3, 1978 Ben~~ gave assurance that the conditions of the signing of the annexation agreement, as mentioned in the minutes of the meeting of March 15, 1978, have been met. Ordinance No. 163 was read in full. Councilman Lee moved to adopt Ordinance No. 163 as an ordinance of the City of Ammon on it5 third and final reading. The motion was seconded by Council- woman Dille; roll call vote was Lee, yes; Dille, yes; Rowberry, yes; Swensen, yes; motion carried. Mayor Wehmann presented a roclamation the waterin season which is to be published in the newspaper once on May , and the Council members indicated approval. It was noted that this proclamation establishes rules similar to those in effect in the City of Idaho Falls and which are different than in the past in that they do not restrict the number of hours for sprinkling each da~and sprinkling at schools, parks, and other public lands at night is made permissive rather than mandatory. The following addition to the City Employee Benefits Policy was taken under considera- tion: Death in Family: 1. An employee may be granted leave with pay at his regular base rate in the event of the death of any member of the employee's immediate family. 2. Immediate family means spouse of the employee; father or mother of the employee or spouse; sister or brother of the employee or spouse; children or legally adopted children of the employee or spouse, or both. 3. Employees may be granted leave with pay up to a maximum of five (5) working days. Illness in Family: 1. Employees may absent themselves from work due to serious illness of a member of their immediate family up to a maximum of three (3) days per fiscal year, and benefits under this provision shall be charged against the employee's personal sick leave record. Councilwoman Dille moved to adopt the policy as proposed. The motion was seconded by Councilman Rowberry; voting was all in favor; motion carried. I Mayor Wehmann explained that Jerry Hoggan of 3900 Wanda St. has asked for a refund at this time in accordance with the arrangements made by motion of the Council in the meeting of May 5, 1976, and it was determined that the records show a payment by Mr. Hoggan of $200 for a sewer connection fee on August 31, 1976, and that the Iona-Bonneville Sewer District has now installed a sewer line at this location. Councilwoman Dille moved to refund $200 to Jerry Hoggan. The motion was seconded by Councilman Rowberry; voting was all in favor; motion carried. The clerk was instructed to pay the specified refund from the dedicated Sewer Connection Fee Fund. With reference to the City policy for driveways in City right-of-way, Mayor Wehmann I pointed out that the policy was approved on Feb. 16, 1977, but was not officially adopted, so action on this is needed, as advised by the City Attorney, in order that this might become part of the City standards for all construction. Engineer Benton agreed to re- vise the drawing which goes with the written policy. Councilwoman Dille moved to adopt the "Standards of Construction of Driveways on City Owned Right-of-way in Non-Curb-and- Gutter Areas" with a revised drawing. The motion was seconded by Councilman Rowberry; voting was all in favor; motion carried. Engineer Benton was also asked to prepare written standards for the width of paved roadways in non-curb-and-gutter areas to be adopted officially. Mayor Wehmann asked for ideas on matters that he might present at the breakfast meeting with President Carter in Portland on Friday, May 5, which he has been invited to attend. Engineer Benton's suggestion that small cities receive extra funds in Revenue Sharing rather than through grants that are difficult to research and apply for was felt to be a good one to mention. A copy of the letter and resolution that has gone out to other Cities regarding joining Ammon in the Utah Power & Light Company rate-increase case was given to each of the Council members for information. Mayor Wehmann reported that he met with the Principal of the Hillview School about a trailerhouse that has been moved in there for school use, and was given assurance that someone would come in to obtain the required building permit. Con- cern was expressed by Mayor Wehmann about the fence posts that have been set in across the dedicated right-of-way at the west end of Molen Street, and the clerk was asked to contact the adjacent property owner who is responsible and give notice that any fence I erected in that location will have to be removed in the future if the City opens the street for travel. Regarding replacement of sand bags, Councilman Swensen reported that the papers which must be filed with the Bureau of Reclamation have been obtained, and Councilwoman Dille moved to make application for replacement of sand bags used for the Teton Dam flood and to authorize Mayor Wehmann to sign the application; the motion was seconded by Councilman Swensen; voting was all in favor; motion carried. Councilman Lee reported that the insurance company has paid Earl Barrow on the burned fence damage claim. Mayor Wehmann mentioned that officials of the UPRR have given assurance that the necessary papers regarding the crossing for Mountain Valley Estates will be sent immediately. A re- port by the Clerk indicated claims to pay in the amount of $11,432.14. Claims were approved for payment. Councilman Swensen moved to adjourn; the motion was seconded by Councilman Lee; voting was all in favor; meeting adjourned at 9:45 P.M. k?'____-: ~: . ~/ '. k-:x{;<J-f~~OR !lAL~~~j .~~/CL~PtA..'r;X, Attest: