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Council Minutes 07/05/1978 July 5, 1978 CITY OF AMMON July 5, 1978 53 Minutes of the Regular Meeting of the Mayor and City Council: The meeting was called to order at 7:40 P.M. by Mayor George Wehmann, with the following City Officials present: Mayor George Wehmann Attorney W. Joe Anderson Councilman Russell N. Swensen Engineer David E. Benton Councilman Francis Lee Public Works Director Hayse L.Whiteley Councilwoman Carol A. Dille Aleen Jensen (for City Clerk) (Councilman David Rowberry was not present; he is attending graduate school in Provo,Utah.) Others present during the meeting were Brent F. Peterson, 2255 Midway Ave., Glenda and Darwin Judy, Route 7 Box 7, Idaho Falls, Maiben S. Jones, 3205 Central Ave., Danny Roos, 3720 Vaughn St., Lester T. Ager, 3715 Vaughn St. I The pledge of allegiance to the flag was conducted by Mayor Wehmann and the invocation was offered by Councilwoman Dille. The minutes of the regular meeting on June 21, 1978, were approved as prepared. ~ W ~ o ~ ~ Brent F.Peterson appeared before the Council to request a sideyard variance to allow him to build a racquet-ball court within 5 feet of the property line on the south side 0 his house. It was noted that Mr. Peterson originally submitted a request for a 5-foot sideyard variance on June 28, 1977, to build a basketball-racquet ball court and the Council approved the variance on July 6, 1977, but since there has been a material change in the plans and a year has elapsed since the original application, a second request has been submitted. Mr. Peterson explained that the court would be 40'x42', would be partially constructed down in the ground and no higher than the lowest level of the split-level home. The Mayor brought out that, after the first variance had been approved, the neighbors ex- pressed concern, and Mr. Peterson stated that the new plan is smaller and doesn't even look like a racquet-ball court. He had the signatures of approval of neighbors Doug Mohr and Ernie Ingram. Councilman Lee made a motion that the Council grant Mr. Peterson a variance. The motion was seconded by Councilman Swensen. Voting by roll call: Lee, yes; Swensen, yes; Dille, yes; motion carried and variance approved. I Maiben S. Jones requested a variance "to construct a metal grain container not larger than 18 feet diameter and 10 feet high on his property at 3205 Central Avenue" zoned R-l. The Council members each had a copy of Mr. Jones' application which explained his plans. Councilman Swensen moved that the Council approve the variance request of Mr. Jones for the erection of one metal granary. Councilwoman Dille seconded the motion; voting by roll call wascLee, yes; Swensen, yes; Dille, yes; motion carried; variance approved. I The final plat for Daybreak Estates,Division No.1, (formerly Darwin Judy Div. #3), was presented for Council action. The following motion from the Planning and Zoning minutes for June 20, 1978, was read: "James Southwick moved that the final plat of Daybreak Estates Addition Division 1 (formerly known as Darwin Judy Addition Division 3) be re~ ferred to the Ammon City Council with a recommendation do pass for annexation with the provision that Sunnyside Road right-of-way for this subdivision be increased to 57' from the section line and with a recommended 'zoning of RPA and Overlay 6 be applied only to Lots 14,15, 17, 18, and 19." Council members questioned whether the Planning and Zoning action was legal because of lack of quorum since Beth Lords abstained from voting due to conflict of interest. Attorney Anderson advised that the quorum was established at the beginning of the Planning Commission meeting and action was legal. Discussion followed on the right-of-way for Sunnyside Road--45, versus 57' for the half right-of-way (90' versus 114' for the total right-of-way). Overlay 6 was explained. Councilwoman Dille moved that the Council approve the final plat of Daybreak Estates Div. 1 with a 45' half right-of-way for Sunnyside Road, RPA Zone, and Overlay 6 (allowing livestock animals) on Lots 14, 15, 17, 18, 19. Councilman Lee seconded the motion; voting was unanimous in favor; motion carried. Mayor Wehmann asked that the annexation agreement be prepared and presented for review two weeks before the date it is scheduled on the Council Meeting agenda. Engineer Benton stated it would probably be ready for the meeting a month from now. Judys asked what requirements were necessary for the District 7 Health Department, and it was explained that a letter from the City of Ammon stating that the development ~an be serviced with'water and sewer would be needed. It was mentioned that the City of Idaho Falls Engineering Dept. needs to see the plat. Councilwoman Dille was assigned to purchase a door prize for the Annual AIC Conference in Sun Valley, and Mayor Wehmann will check the mileage for figuring travel expense. The status of the Bonneville County Fire Protection District Mutual Aid Agreement with Ammon was discussed. A letter to the Mayor from the Fire Protection District states that they are withdrawing from the agreement; however, newspaper coverage of the action indicates the district is only re-calling its tanker and fire truck from Ammon but will continue to provide aid. The Council felt that the district had not complied with the terms of the agreement for cancellation and Attorney Anderson agreed. Dale Rockwood, Chairman of the Fire District Board, would like the Commissioners and representatives from the City of Ammon to meet together. It was decided that the Mayor, City Council, and City Attorney should attend the meeting. Mayor Wehmann will check with Councilman Rowberry, who is away to school, and then set up the time of the meeting. July 5, 1978 .5~ LestefT. Ager, 3715 Vaughn, and Danny Roos, 3720 Vaughn, appeared at the meeting to re- port the increasing vandalism problem on Vaughn and to request aid from the City in solving it. They asked for an additional street light. Mayor Wehmann explained that the number of street lights in that area is about average and that an evaluation of the street light situation is being made, but extra lights are not likely because of the higher rate for electricity which is being requested by Utah Power & Light Company and in view of the possibility of reduced revenue due to the proposed 1% tax initiative. Councilwoman Dille was asked to contact the Sheriff's office about the mat~er and request increased patrolling in the Peterson Park area or whatever can be done to help solve the problem, to the extent that the existing contract will allow, and to get information about the actual number of reports of vandalism turned in from Vaughn Street and the nearby area. Mayor Wehmann reported that the City has been having water pressure problems and, as new I subdivisions continue to be annexed and growth of the City is encouraged, there is a need to look toward water system improvements to avoid facing real problems in the future. The present condition and operating capacity of existing wells, pumps, and standby genera- tors were reviewed at length, and Director of Public Works Hayse Whiteley and Engineer Benton were asked to investigate the possibility of installing a red-light warning system at Well #5 and to prepare figures on putting a storage tank at Well #5 and other improve- ments for the system as considered advisable. Instructions were also given to have Engineer Benton and Mr. Whiteley get the action going on the appraisals and water test for the well north of 17th Street which the owner, Mel Brown, has offered to sell to the City. Regarding the Fiscal Year 1979 Budget, Mayor Wehmann asked for direction from the Council, and suggested that consideration be given to lowering the total budget lQ%by reducing the property tax one-third and increasing charges for water and garbage services, use of the swimming pool, etc., as necessary to fully cover the expenses of operating those de- partments, since it is felt that the 1% tax initiative referendum which is under way in the state is an indication of a protest by the people. REPORTS Councilman Swensen reported that BCOG is working on a uniform section line road policy, including limiting accesses on major roads and identifying standards for road improvements, and that the new budget for BCOG will soon be ready. According to Councilwoman Dille, the meeting of the Idaho Falls City Officials and Electrical Division personnel with the Ammon Mayor and Council members regarding the I Idaho Falls high power transmission line has been scheduled for August 16. It was suggest- ed that Attorney Anderson contact A. W. Beck, the consultant who worked with the City on the UP&L case last year, in an effort to get some expert advice on this matter. In re- sponse to a question by Councilwoman Dille about changing the speed limit on 17th Street, it was suggested that this matter be brought up at the County Traffic Safety meeting. Mrs. Dille indicated that Ammon Day plans are moving forward, with a melodrama on Friday evening and a children's parade on Saturday morning. She noted that nothing particularly was accomplished at the recent cit count meeti re ardin the do situation, and that another meeting is scheduled for July 2 at 1:30 P.M., at which time the animal control budget should be ready. A report by Councilman Lee indicated that details on the charges for city services to the Valley Care Center (nursing home), which will open shortly, have not yet been worked out and that more information is needed before rates for dumpster garbage collection can be set. It was determined that there are meters at the Pheasant Estates condominiums which Jay Herring at David Benton's office can help locate, and that the billing for services at that develop- ment will go through the owner,Robert Nixon. Councilman Lee reviewed the monthly law enforce- ment report~ Approval was given to action taken by Public Works Director,Hayse L.. Whiteley, and reported in a memo dated June 27, 1978, to assign employee, Robert White, as working foreman of the City maintenance force, thus freeing LaVern Williams to devote his time to the Water Depart- ment. Mr. Whiteley also reported that he is studying information on a blanket to cover the swimming pool, that he has requested information from the State and Civil Defense on ~ I plus vehicles for snow Plow.and fire tanker use along with other equipment the City needs, that the contractor still has some finishing work.to do on the street project in the McCowin Park area, that most of the fire hydrants in Pheasant Estates have been raised, and that permission is requested to purchase a swamp cooler for the City Offices. Mayor Wehmann requested that those people who are expected to be at Council Meeting get more prepared before they come, and stated that it requires more than just sitting in on the meetings to direct the City activities and handle the prOblems effectively. Engineer Benton reported that Mel Brown has agreed to pay for the pump test on his well if the City secures and pays for the two appraisals, and that the sewer line is being put in on the west end of Wanda Street under the Iona-Bonneville Sewer District contract. In re- sponse to an inquiry by Engineer Benton regarding the letter from the City to Union Pacific ~ailroad r~questing that construction proceed on the crossing for Mountain Valley Estates, ~~ w~s deClded that the lettyrsJ:lOuld be maileS! since developer, Neahl Johnson, has expressed wlll~ngness to workout deta~l~ ~n the annexat~on agreement to the satisfaction of the City It was annou~ced that the Mayor and Council have been invited to attend the ribbon-cutting. for the open~ng of the Valley Care Center at 10 A.M. on Saturday, July 15. . I ~ (0 r' () <( <{ I I July 5, 1978 Claims in the amount of $3,802.80 were approved for payment. Councilman Lee 5r.': moved and Councilwoman Dille seconded that the meeting adjourn; voting was all in .J favor; meeting adjourned at 10:00 P.M. ' ATIEST, ,~~ ~~ . ("-";;.'71 CITY OF AMMON July 19, 1978 ;;~/plL , , rL', /, MAYOR / July 19, 1978 Minutes of the Regular Meeting of the Mayor and City Counci The meeting was called to order at 8 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 Clerk Deon Hemingway Engineer David E. Benton Asst. Attorn~y Douglas Nelson Director of Public Works Hayse L. Whiteley Others present during the meeting were Wm. Max Brinton, County Zoning Administrator, and Bill Manwill of the County Engineer's Office, Cynthia Pulley, Vaughn Wadsworth, and R. G. Stedtfeld. The pledge of allegiance to the flag was conducted by Councilman Lee; the invocation was by Mayor Wehmann. Minutes of the regular meeting of July 5, 1978, were approved as prepared. Just prior to this meeting an information discussion was held with the Bonneville County Fire Protection District No.1 Commissioners Dale Rockwood, Everett Seyfert, and Don Gosswiller, and Fire Chief Doug Call in relation to a letter from the Fire District dated June 23, 1978, which gave notice of the intention to terminate the Mutual Aid Agreement. The Fire District officials explained that it was not intended that the letter should go to the news media before being received by the City of Ammon and apologized for that situation. Items which were brought up for discussion included the terms of the agreements on mutual aid and the housing of a District tanker truck in Ammon, the number and quality of responses under the Mutual Aid Agreement, the assessed valuation and tax base of the two entities as related to growth in the area, the possi- bility of a joint facility in the future, and the need for uniform training if mutual aid is to continue. It was noted that the City is now in the process of a training program for the Volunteer Fire Department and would be willing to signa revised Mutual Aid Agree- ment with a provision added relating to training. In response to a question by Commis- sioner Seyfert about what he called "excessive" amounts paid to the City for heating the building where a District truck has been stored, Mayor Wehmann gave assurance that an adjustment would be made if there were errors in the billing. The meeting concluded with expressions of appreciation for being able to get together and talk over matters of con- cern, and Mayor Wehmann asked that the Fire District officials make contact with the City as soon as any decisions are made. The regular meeting opened as a continuation of the Public Hearing on the proposed annexation and zoning of the West Ammon Estates subdivision. David Benton, representing the developers, Randy Waite and Larry Felt, displayed a revised preliminary plat as re- quested when the hearing was recessed on May 18, 1978, and called attention to the pro- visions on the plat for 120'x165' lots on the property adjoining the west boundary of the Original Townsite and for the extension of Molen Street through into the proposed subdivision. He noted, also, that the street layout had been changed to give flexibility to the development of the Derrald Ricks land in the future and that curb and gutter is planned for the subdivision but the street on the east could be left as a rural type if desired since the lot frontage on both sides of the street is 120 feet. It was acknow- leged that Mrs. Pulley, 2800 Western Ave., was the only interested property owner pre- sent, and she commented that the change to provide for larger lots along the east side of the plat as mentioned eliminates the cause for objection which was voiced by her and her husband previously. In answer to her question about having animal overlay on the larger lots to match those adjoining them in the Original Townsite, it was explained that this had not been discussed with the developer, and that the lack of the overlay zone in the new subdivision could not affect having livestock animals on the Pulley property. The City Clerk reported that Derrald Ricks had been in earlier during the day to view the revised plat and had indicated no objection to the street layout as now proposed. The location of the area designated as Division No.1 on the plat, which the developers request to be annexed first, was discussed, and the Mayor and Council members recommended that this division be revised to include lots that would give access from the east side of the Ammon Townsite, not only for fire protection but for children getting to school. Councilwoman Dille moved to accept the preliminary plat of West Ammon Estates (with zoning of R-l) as presented, but that it go back to the developer to consider opening up an access into the Original Townsite at either Owen Street or Molen Street in Division No.1 before annexation is approved. The motion was seconded by Councilman Lee; voting was all in favor; motion carried.