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Council Minutes 05/17/1978 I ~ C.D I' o <t <( I I May 17, 1978 CITY OF AMMON May 17, 1978. 45 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 Russell N. Swensen Councilwoman Carol A. Dille Councilman Francis Lee Councilman David Rowberry Clerk Deon Hemingway Attorney W. Joe Anderson Engineer David E. Benton Others present during the meeting were Duane and Wendy Crook, 1640 Whitney, Idaho Falls, and Paul and Judy Yela, 387 Montcliffe Cir., Idaho Falls, and Neahl Johnson, 2390 Ross Ave. The pledge of allegiance to the flag was conducted by Councilman Lee; a prayer was offered by Mayor Wehmann. Minutes of the public hearing on April 19, 1978, and the minutes of the regular meeting of April 19, 1978, were approved as prepared. An a lication for a variance submitted b Duane Crook was taken under consideration. It was noted that the request was for a variance on the backyard setbacks of four building lots, with a 3-foot variance needed on three lots facing on Midway Avenue and a I-foot variance requested on one lot facing on Rawson Street. Mr. Crook stated that he had talked with the City Building Inspector, Hayse Whiteley, and had obtained the signature of one of the adjacent property ownere, but had not been able to contact the neighbor on the east. Councilman Lee moved to grant the variance as presented, upon the receipt of the signatures of Mr. and Mrs. Farrell Adamson (property owners on the east) and written approval from the Building Inspector. The motion was seconded by Councilman Rowberry. Councilman Swensen moved to amend the motion to state "upon the receipt of an affirmative vote from Mr. and Mrs. Adamson". The motion was seconded by Councilwoman Dille; voting was all in favor; motion carried. Voting on the amended motion was Lee, yes; Swensen, yes; Rowberry, yes; Dille, yes; motion carried. Instructions were given to have the application re-worded to make it clear that the re- quest was for a variance of 3 feet in the backyard on those lots facing Midway Avenue. Mayor Wehmann mentioned that a settlement billing from the City of Idaho Falls on sewage treatment for the past year based on recent meter readings has been received, and a re- commendation on payment will be made after an analysis of the figures is completed. There was considerable discussion regarding the high-voltage transmission line which, according to a newspaper article on May 12, the City of Idaho Falls plans to build along the Union Pacific Railroad immediately east of the Ammon City limits. Mayor Wehmann ex- plained that he had contacted the head of Idaho Falls Electrical Department and an official of the UPRR and had learned that the right-of-way agreement on this had been made in Nov- ember of 1976, which was after adjacent residential lots were zoned.RP and RPA. He indi- cated that this makes a very undesirable situation, in addition to the fact that the City of Ammon was never notified of this action. According to Mayor Wehmann, he would be meeting with Idaho Falls Mayor Tom Campbell at 9:00 A.M. the following morning regarding this matter, and the Council gave approval to a letter which Mayor Wehmann had prepared with the intention of presenting it to Mayor Campbell to express in writing the objections and views of the City of Ammon in connection with the location of the proposed power line. Neahl Johnson appeared and expressed concern about the width of paving that present City standards require in connection with the streets in a new subdivision known as Mountain Valley Estates, for which he is the developer, and explained that the extra cost of the paving would put his development out of competition with others. He was advised that any change in the street widths from those presented in the approved preliminary plat would have to go back through the subdivision platting procedure. The Council members were in agreement that there should be 36 feet of asphalt on the 50-foot streets and 43 feet of paving on 60-foot streets with 2 feet of graveled shoulder on each side in this area, in accordance with City policy for streets without curb and gutter. In response to an in- quiry about splitting some of the lots, Mayor Wehmann instructed Mr. Johnson to submit a letter of request to the Chairman of the Planning and Zoning Commission. Several matters of business were acted upon as follows: Councilman SWensen moved to authorize Mayor Wehmann to apply for a grant on behalf of the City of Ammon to the Idaho Electrical Consumers Office to cover the cost of intervening and challenging the rate in- crease re uested b Utah Power & Li ht Com n; the motion was seconded by Councilman Lee, voting was all in favor; motion carried. Mayor Wehmann announced that, so far, 16 area Cities have adopted a resolution to join in the intervention with the City of Ammon.) Councilman Swensen moved to authorize Mayor Wehmann to fly to Boise on Tuesday, May 30, to present testimony on regional power needs before the Senate Energy Committee; the motion was seconded by Councilwoman Dille; voting was all in favor; motion carried. Council- woman Dille moved that the City of Ammon participate with the Cities of Iona and Ucon in an application for a grant for an annexation study; the motion was seconded by Councilman Swensen; voting was all in favor; motion carried. May 17, 1978 iG The public hearing scheduled for the following evening on the proposed annexation and zoning of Tie Breaker Village Division No. 3 and remaining portion and West Ammon Es- tates w~s mentioned, and Councilman Rowberry acquainted the Mayor and Council members with some of the comments that were made at the Planning and Zoning Commission hearings on these matters. Mayor Wehmann asked for instructions from the Council as a guideline in his efforts to negotiate with Bonneville County on the Impact Area bo~~daries. He noted that it is felt advisable to not use roads as boundaries, so reconsideration on the south ~d east lines is recommended. After a thorough discussion, the following action was taken: Councilman Swensen moved to accept the proposal on the south boundary of 200 feet south of Township Road east of the Hitt-Hackman Road; the motion was seconded by Councilman I Lee; voting was all in favor; motion carried. Councilman Lee moved to have as the east boundary of the Ammon Impact Area a line midway between Iona-North Road and Nielsen Road, running north and south from 200 feet south of Township Road to one-half mile north of 1st Street; the motion was seconded byCouncilmanSwensen; voting was Lee, yes; Swen- sen, yes; Dille, no; Rowberry, no; Mayor Wehmann voted yes to break the tie; motion carried. Mayor Wehmann indicated that there is a possibility that the City of Idaho Falls may challenge the east boundary. Councilman Lee reported that he had given authorization for the expenditure of funds to send the Fire Department Training Officer to the State Fire School this year, and he proposed that future budgets allow for at least one fireman, as designated by the Fire Chief, to go to a fire school held in the State of Idaho. It was recommended that some form of application be prepared for the purpose of determining who should go to these training sessions. With reference to the City water system, Mayor Wehmann noted that the engine of the emergency generator at Well #5 will now function, but the panel has not been checked out yet; also he commented that he wrote a letter to H-K Contractors regarding the unauthorized use of water from fire hydrants in Pheasant Estates for settling trenches which resulted in a complete loss of water pressure in the northwest part of the City. Councilman Rowberry reported that the Planni~ and Zoning Commission set a public hear- ing on the proposed Professional Business (p~ Zone for the June 20 meeting. He noted also that the Commission asked for action on the recommendation made some time ago to amend the zoning ordinance relative to parking spaces for 1, 2, 3, and 4-family I dwellings, and recommended that Parcel No.1, W. LaVern Judy property, not be annexed. Regarding the Rose Nielsen-Hammer Farm plat proposed for annexation to the City of Idaho Falls, which was reviewed by the Planning and Zoning Commission at the request of the developer, the Council heard the report on comments by the Planning and Zoning Commission and determined that official comment from Ammon is not necessary under the I-mile jurisdiction regulation because the larger City, Idaho Falls, takes precedence, and a hearing before the City of Idaho Falls Planning and Zoning Commission is scheduled for May 30, 1978. Approval was indicated on a proposal by Councilwoman Dille to raise the frees for swimming lessons 50~ per lesson with the general admission charges to remain the same as last year, and to pay swimming pool employees the same as the City of Idaho Falls does, which has not yet been definitely decided. Mayor Wehmann stated that, in the future, a written budget from the swimming pool manager will be required. Attorney Anderson introduced Ordinance No. 164 and read the ordinance by title: "AN ORDINANCE ADOPTING THE 1976 EDITION OF THE UNIFORM BUILDING CODE, UNIFORM HOUSING CODE, UNIFORM BUILDING CODE STANDARDS , AND THE UNIFORM ABATEMENT OF DANGEROUS BUILDINGS CODE, OR SUCH LATER SUPPLEMENTS AND EDITIONS HEREAFTER PUBLISHED AS THE BUILDING CODE OF THE CITY OF AMMON, IDAHO; PROVIDING THAT THREE COPIES OF EACH BE KEP ON FILE IN THE OFFICE OF THE CITY CLERK; PROVIDING FOR AN EFFEC TlVE DATE" Councilwoman Dille moved that the City Council dispense with the rule requiring the I reading of the ordinance on three different days and that the three readings be waived. The motion was seconded by Councilman Rowberry; voting was Dille, yes; Rowberry, yes; Swensen, yes; Lee, yes; motion carried. Ordinance No. 164 was read by title and in full. Councilman Rowberry moved the adoption of Ordinance No. 164 as an ordinance of the City of Ammon on its third and final reading. The motion was seconded by Council- woman Dille; voting was Rowberry, yes; Dille, yes; Lee, yes; Swensen, yes; motion carried. Engineer Benton presented several copies of an up-to-date map showing the City Limits as of this date. Claims were approved for payment. Councilman seconded by Councilman Lee; voting was all in P.M. ATTEST: 4,/?? E !~~/ / ~ ~/-~ ~~ nf2-- ~ /*/?;It- - ~r~/',' ~ j' CITY CLERK ,:1' /7" I' ;/ Swensen moved to adjourn; the motion was favor; the meeting was adjourned at 10:20 C~~J-rf' ti)ICL~/ .- .. MAYOR