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Council Minutes 09/20/1978 I ~ (0 I' o <:( <:( I I September 6, 1978 65 check with Robert Nixon on the status of the documents granting easements to the City in the Eastgate area, and that he review the information submitted by the EPA regarding the audit on the sewer project which needs a response prior to October 2~th. The matter of checking on the seal coat on Taylorview Lane was also referred to Englneer Benton. Councilman Lee reported that permission has been given to use T~ghee Street and some McCowin Park ar~a for parking during the Ammon West Stake Conference meeting on the coming Sunday. 'morning . He mentioned that the Sheriff's deputies are having a problem controlling the riding of unlicensed trail bikes along Molen Street which has been re- ported as a nuisance by the residents in that location, and noted that several "No Pal:-ki~" signs have been broken off recently. Councilman Rowberry presented information on the lining of the "Grid Kid" football field in north McCowin Park, and indicated that he would contact Ryan Neibauer of 2320 Ross Avenue about payment of a water connection fee on an extra water service which was put in for his lot on July 31st. A report by Hayes Whiteley, Public Works Director, informed the Mayor and Council about the status of such matters as the red-light system for Well #5, street work inclu~ing plans for winter snow and ice control, the PQLchase of dumpster equipment, and the em- ployee situation. The City Clerk's report listed claims to pay in the amount of $14,840.55 and a General Fund checking accGunt balance of $15,709.63. Approval was indicated to a suggestion by Councilwoman Dille that the new park on the ~east side of the City be named Peterson Park. ' . At the request of Mayor Wehmann, the next meeting was scheduled for Thursday, Sept. 21st, 1978, instead of on the regular Wednesday evening. Councilwoman Dille moved to adjourn; the motion was seconded by Councilman Lee and the voting was all in favor; meeting adjourned at 11:15 P.M. ATTEST, A7c ~<-"Y'~-' _ ~~ it~ CITY CLERK /' f' MAYOR CITY OF AMMON September 20, 1978 Minutes of the Regular Meeting of the Mayor and City Council: The meeting was called to order at 7:30 P.M. by Mayor George Wehmann, with the following City Officials present: Mayor George Wehmann Councilwoman Carol A. Dille Councilman Russell N. Swensen Councilman Francis Lee Councilman David R. Rowberry Others present during the meeting were Garth Cunningham of Ellsworth Engineering and David Van Weaver, Landscape Architect. Director of Public Works Hayes L. Whiteley Engineer David E.Benton Attorney W. Joe Anderson Aleen Jensen, Office Clerk The pledge of allegiance to the flag was conducted by Mayor Wehmann, and the invocation was offered by Councilman Lee. The minutes of the Public Hearing and the regular meeting of September 6, 1978, were approved as prepared. Deon Hemingway, City Clerk was excused to attend the Idaho City Clerks and Finance Officers Institute in Coeur d'Alene. The final plat of Aimee Ann Estates (county plat) was presented for review and re- commendations by the City Council. Garth Cunningham of Ellsworth Engineering was avail- able to answer questions. One of the problems with this development has been lots facing Crowley and Sunnyside Roads which re~uire access on to major thoroughfares. The developer has changed the layout to limit these accesses. There has been some confusion regarding whether or not Ammon subdivision policies apply; Bonneville County will decide who has jurisdiction. Engineer Benton did not recognize any problems with the plat from an engineering standpoint, however, he called attention to the fact that there may be some confusion with street names especially Aimee Ann with Amy Lane in Mountain View development. Councilwoman Dille moved that the Ammon City Council approve the final plat of Aimee Ann Estates. Councilman Swensen seconded the motion. Council- man Lee abstained from voting due to a conflict of interest. Voting was unanimous in favor; motion carried. Mayor Wehmann advised Garth Cunningham that if the develo ment jurisdiction is assigned to Ammon, sewers would be a necessity. Mr. Cunningham as~ed when sewer service would be available. The Mayor explained that the City of Ammon coul~ not answer this q~estion at the present time, but advised that the Cit cQ ld provlde the developer wlth the grade and sewer requirements. Cunningham ask~d l~ September 20, 1978 66 the City wouldn't be required to provide sewer services by a specified date. Attorney Anderson explained legal aspects of requiring sewers. Mayor Wehmann presented the final plat for Meadow Lark Estates, Division No.2. He described the location of this development as north of Division No. 1 and north of McCowin Park on the south side of East 17th Street between Avocet Drive and Midway Avenue. A report from Progressive Irrigation District advised that they had already talked to the developer who plans to exclude the area from the District. Another re- port from Bill Manwill, Bonneville County Engineering Dept., showed no problems. The requested zoning is R-JA on Lots 22 and 2J of Block 1 and Lots 7, 8, 9 of Block J and R-l on the remainder of the lots. The state law requiring approval of water and sewer plans by the Dept. of Health was discussed briefly. Councilman Lee moved that the Ammon City Council approve the final plat of Meadow Lark Estates, Division No.2. Councilman Swensen seconded the motion; voting was unanimous in favor; motion carried. The Annexation A reement for Meadow Lark Estates Div. 2, was reviewed. Mayor Wehmann brought out t e following three items: 1 The agreement should include regulations relative to street widths; (2) under Item 9 it states a storm sewer will not be re- quired, however, should curb and gutter go in, a storm sewer will also be put in as part of the Local Improvement District, and Mayor Wehmann wanted the Council to understand this item and to make sure they were agreeable with it; (J) a requirement of the agreement should be added that the City of Ammon will be provided with a com- plete set of signed development drawings including preliminary plat, final plat, im- provement drawings, etc. A complete set of reproducible drawings will be on file at Benton Engineering and will be available to the City. Councilman Swensen moved that Mayor Wehmann be authorized to sign the Annexation Agreement of Meadow Lark Estates, Div. 2, if everything is in order after he reviews it. Councilwoman Dille seconded the motion; voting was unanimous in favor; motion carried. Ordinance No. 169 concerning annexation of Meadow Lark Estates, Division No.2, 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 CLASSIFICAT10NOF 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. Councilwoman Dille moved that the City Council dispense with the rule requiring the reading of the Ordinance No. 169 on three different days and that the three readings be waived. Councilman Lee seconded the motion. Roll call vote on the motion: Lee, yes; Swensen, yes; Rowberry, yes; Dille, yes. Ordinance No. 169 was again read by title and then read in full by Attorney Anderson. Councilwoman Dille moved the adoption of Ordinance No. 169 as an ordinance of the City of Ammon on its third and final reading. Councilman Swensen seconded the motion. Roll call vote: Lee, yes; Swensen, yes; Rowberry, yes; Dille, yes; voting was unanimous; motion carried. Fiscal Year 1979 Appropriation Ordinance No. 168 was considered. At the meeting on Sept. 6, 1978, action on this ordinance was initiated, however, reading was suspended until an error was corrected in the wording on the dedicated water and sewer fund appropriation. Originally the wording combined the two funds, but the Council wanted two separate funds so the Ordinance would agree with the way the budget was approved. A motion 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 was made by Councilwoman Dille, seconded by Councilman Rowberry, and carried with a unanimous vote at the Sept. 6th meeting, so the motion was not repeated. Attorney Anderson in- troduced Ordinance No. 168 by title: AN ORDINANCE PROVIDING FOR THE ANNUAL APPROPRIATION FOR THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO; FOR THE APPROPRIATION OF THE SEVERAL FUNDS AND THE PURPOSES FOR WHICH APPROPRIATED DURING THE FISCAL YEAR 1979 COMMENCING OCTOBER 1, 1978, AND ENDING SEPTEMBER JO, 1979, AND PROVIDING FOR THE AMOUNT APPROPRIATED FOR SUCH FUNDS. Reading of the ordinance in full was then continued by Attorney Anderson. Council- woman Dille moved that the City Council "approve" Ordinance No. 168 as an ordinance of the City of Ammon on its third and final reading. Councilman Swensen seconded the motion. Roll call vote: Lee, yes; Swensen, yes; Rowberry, yes; Dille, yes; voting was unanimous in favor; motion carried. Mayor Wehmann reviewed the property tax mill levy for 1978 and 1979 as published in the Post-Register. He wondered if there was enough confusion among the citizens of Ammon to justify a newsletter of explanation. He further suggested that the letter should be multi-purpose and explain about the forthcoming special census and urge cooperation of the residents because it means financial benefit to the City. The Council agreed that the Mayor should draft the newsletter and recommended going back two years on the tax information. I I I I ~ to f' o <.t <t I I September 20, 1978 67 Authorization was requested for Hayes Whiteley, Director of Public Works, to sign papers as City representative for acquiring federal surplus property from the Idaho State Bureau of Surplus Property. The resolution prepared on BSP Form No.3 (10-77) was read. Councilman Swensen moved that the resolution just read be adopted and Hayes Whiteley be appointed said representative. Councilman Rowberry seconded the motion. Councilman Swensen asked for a revision in his motion to also include Mayor Wehmann as an authorized representative. Councilman Rowberry agreed to the revision. Voting on the motion was all in favor; motion carried. The insurance policy for the City of Ammon is up for renewal on Oct. 1, 1978. Tandy & Wood, Inc., is working on a policy,and a Blackfoot firm has requested an opportunity to submit a proposal. The Blackfoot agency policy contains a blanket coverage of $50,000 for errorS and omissions. Mayor Wehmann asked the Attorney if this would be adequate. Attorney Anderson replied that there were no guidelines to base the figure on, but it seemed like an appropriate amount. The policy proposed by the Blackfoot company is a non-audit policy, and the present one from Tandy & Wood is an audit policy. The Mayor reported that the Association of Idaho Cities thought we now had a good policy. No representatives of either company were present to furnish quotes. It was brought out that the City agreement with Bonneville County Fire Protection District requires property damage and bodily injury coverage on the District tanker that is housed here. The 1979 FY Budget provided for a 6% raise for City employees. it be effective the first full pay period after Oct. 1, 1978. Mayor Wehmann recommended The Council agreed with this. The 1979 FY Budget also included an increase in water rates of $1 per month. It was dis- cussed whether or not the increase should be effective Oct. 1, 1978, or wait until Jan- uary, 1979, when the present coupon books expire. When new coupon books are printed, there needs to be minor changes to clarify the charge-for-services date and the payment- due date. The Council all expressed satisfaction with the coupon billing system. CouncilwomanDiii~ moved that new coupon books be printed to show the $1 water rate in- crease effective Oct. 1, 1978, and payable by Nov. 10, 1978. Councilman Rowberry seconded the motion; voting was unanimous in favor; motion carried. Councilman Swensen will follow through to have the coupon books ready to mail to the residents in time to pay the October charge. David Van Weaver, Landscape Architect, appeared to discuss the new east-side park. Bids for the improvements were reviewed at last Council Meeting, but no action was taken. Early Bird Sprinklers of Rexburg, low bidder, had been contacted since the Sept. 6th meeting, and they proposed omitting $11,936.00 of work as identified on a revised state- ment, thus reducing their original bid of $77,936.00 to $66,000.00. Councilwoman Dille moved that the City Council authorize the Mayor to sign a park improvements contract with Early Bird Sprinklers and Landscaping of Rexburg for $66,000.00. Councilman Row- berry seconded the motion. Discussion followed on the type of sprinkling system to be installed. The contract includes a quick-coupler sprinkling system, and the Mayor pointed out that this type basically has water pressure on all of the time. Voting on the motion was all in favor; motion carried. Engineer Benton presented drawings for a typical road cross section. Instructions were that the originals should be signed by the Engineer and dated with the approval date. Councilman Lee moved that the City Council approve the typical road cross section drawings as prepared by City Engineer David Benton for 50', 60', 80',90', and 114' residential streets and 50' and 60' rural streets. Councilman Swensen seconded the motion; voting was unanimous in favor; motion carried. Mayor Wehmann reviewed the activity to date on the Mel Brown well. In fairness to Mr. Brown, the Council needs to take some action. Consensus of opinion was that an offer should be made to Mr. Brown to purchase the well, contingent upon State approval, and 4.178 acres of land, and this land should be zoned and annexed. The two appraisals are close on the building and well, so the deal is based on the cost of the land. Council- manSLee moved that Mr. Brown be offered, in writing, for the well and 4.178 acres of land a price of $65,000. Councilwoman Dille seconded the motion. Discussion followed on financing the purchase. Councilman Swensen made a motion to amend the motion to include the Mayor be authorized to negotiate the terms of sale. Councilman Rowberry seconded the amending motion. Voting on the amending motion was unanimous in favor; motion carried. Voting on the original motion as amended -- . . . that Mr. Brown be offered $65,000 for drinkable well and 4.178 acres of land and Mayor Wehmann be authorized to negotiate the terms of sale -- was unanimous in favor; motion carried. Engineer Benton presented a sketch proposal on the well system and estimated a minimum of $45,000 addi- tional to get the City connected to the Mel Brown well. This brought the total package on the well to $110,000. Engineer Benton will discuss the offer with Mel Brown. An alternate to the deal may be to purchase land from McDonald's to go with the well. REPORTS Councilman Lee reported that he had been investigating possibilities of obtaining a surplus fire engine through the lNEL site, but there is no firm possibility yet. The Mayor suggested that Marvin McGary could get some of the volunteer firemen who work out September 20, 1978 68 to the site to look around and make their recommendation. Councilman Lee also reviewed the August, 1978, Law Enforcement report submitted by Bonneville County Sheriff's office. Councilman Swensen reported that BCOG will be phased out September 30, 1978. Ammon was committed for $500 on the waste water study, however, there will be no charge. A final audit on BCOG will be completed in October or November and any remaining funds will be disbursed back, and the BCOG staff members will go to work for the City of Idaho Falls effective October 1. Councilwoman Dille requested comments on a uniform dog ordinance for the County and Cities by September 25th. Councilman Rowberry expressed concern about the letters sent out to residents on drive- I way approaches and asked for background information. Hayse Whiteley, Public Works Director, reviewed the action taken. Letters were sent to Russell Owen, Lee Reed, Orland Bailey, Thomas Reed Birch, and Owen Landon. Councilman Rowberry stated that he would appreciate knowing about such letters in advance so he would be ready for resi- dent's calls, or maybe a warning letter could go first. Attorney Anderson had prepared an ordinance on the Professional Business Zone. It was decided to review it before any action was taken. Copies of the PB Zone Ordinance were given to Councilwoman Dille, Councilman Swensen and Councilman Rowberry to study before the next meeting. Mayor Wehmann suggested that any of the City Council could testify at the UP&L rate in- crease hearing in Pocatello the week of Oct. 17. Written testimony must be given to Attorney Anderson by Oct. 4. Wayne Merrill, CPA, has some additional information that could be included as testimony, and Attorney Anderson will contact him regarding it. The problem of leakage in the sewer system was discussed. The leakage is down now the ditches are closed. The City needs to get a letter to H-K Contractors before the year warranty is up on the metering system. Mayor Wehmann talked with Farmers Home Adminis- tration officials on a recent trip to Boise, and the FmHA people indicated that agency didn't have any responsibility in this situation. David Benton, Engineer, reported the change order on waterline in L.I.D. #8 is completed; the seal coat has not been put on Taylorview Lane but it is late in the season to do it this year; the red light system for Well #5 has been installed; and Daybreak Estates subdivision action is at a stand-still at present due to hold-up in financing. Mayor Wehmann advised Engineer Benton he was not satisfied with the asphalt on Ross Avenue done in connection with Iona-Bonneville Sewer District construction. I Hayes Whiteley, Public Works Director, reported Servisoft on 17th Street wanted to hang a 2*'x ~' sign in front of their building, and there does not seem to be any regulations regarding this type of sign. Mayor Wehmann and Mr. Whiteley will work with Servisoft. Jay H8rring of Benton Engineers is taking care of the water meters for Pheasant Estates condominiums. Water rates for Valley Care Center have not been set. A similar operation in Gooding has metered water, and a reasonable approach would be to work out a rate using their meter records as a basis. Mayor Wehmann and Councilman Rowberry will work on the details. Mayor Wehmann reminded that the meters on Brutsche Developments' low-cost apartments on Maiben Avenue should be checked to see if they are in working order. The loan closing on these apartments has been set for Monday, Sept. 25th. Dumpsters have been placed as follows: 2 at Brutsche Developments' apartments, 1 at Valley Care Center, 1 at Head Start, and 2 are ready for Pheasant Estates. Rates need to be established for dumpsters. Whiteley asked for clarification of the action earlier in the evening regarding authorizing him and Mayor Wehmann as City representa- tives for acquiring federal surplus property. He wondered if both signatures were re- quired. The Council explained that it was either Hayse Whiteley or Mayor Wehmann, but the Council should be advised and approve of what purchases are being considered before any surplus property is acquired. Water at the swimming pool can now be shut off separately from the park sprinkler system. Mayor Wehmann mentioned that a that 0 claim w,ill, be filed with H-K Contractors for the cost of cleaning debris from the sewer line during development construction in Mountain Valley Estates; that there is a possibility Ammon can obtain some grant funds for safety education, and that a Civil Defense Seminar on Potential Disasters is scheduled for Sept. 28. The City Clerk's report listed the General Fund checking account balance of $59,271.22, with previously approved claims yet to pay in the amount of $5,373.83 and claims now needing approval for payment totaling $35,955.47, which will leave a bank balance of $17,941.92. (Since all invested funds, including the amount set aside to pay the annual payment on the FmHA Water & Sewer Revenue Bond, have been deposited in the checking account except those in other dedicated or reserve funds, the-aIDourtt on hanQ is not sufficient to pay the $64,400 payment to FmHA at this time--actual due date is Jan. 1, 1979, but the expenditure was included in the FY78 BUdget.) Attorney Anderson reviewed a Memorandum of Agreement for participation in the CETA program. He did not see any problems with the Mayor signing this agreement. Council_ man Swensen moved that the Mayor be authorized to negotiate the necessary 'papers for I I ~ (D [' o <( <t: I I September 20, 1978 participating in the CETA program with the State of Idaho. The motion was second:d6~} by Councilman Lee; voting was unanimous in favor; motion carried. Councilman Lee moved that the City Council Meeting be adjourned. Councilwoman Dille seconded the motion; voting was all in favor; meeting adjourned at 10:20 P.M. AT'JEST: . ~-oL ~,;.~.y_'/'. J./' . 70 Jc4~~~ r CITY 'CLERK' ~ C~ MAYOR (Minutes recorded by Aleen Je<nsen) i CITY OF AMMON October 4, 1978 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 Francis Lee Councilwoman Carol A. Dille Councilman David R. Rowberry Councilman Russell N. Swensen Also present during the meeting was Ron Parish, insurance agent. Clerk Deon Hemingway Asst. Attorney Douglas Nelson Asst. Engineer Brad Nield The pledge of allegiance to the flag was conducted by Councilman Lee, and the invocation was offered by Councilman Swensen. The minutes of the regular meeting on Sept. 20, 1978, were approved as prepared. Ron Parish, representing Consolidated Agencies, Inc., of Blackfoot, appeared to discuss the City's insurance needs, and explained that he had found an insurance carrier that provides a much broader package of coverage than offered before with extremely attractive rates. He presented a written proposal based on coverage similar to the City's present policy, plus errors and ommissions and special personal injury coverages. It was noted that the quotation made would result in a savings for the City, but it was felt that the present carrier should be given a char 3 to make a proposal. Mayor Wehmann agreed to follow through on this so that a decision can be made as soon as possible. Regarding liability insurance on the Fire District tanker which is housed here, it was recommended that further contact be made with the Fire District officials since it should not be necessary to have that vehicle covered on both the City and District policies. Ordinance No. 170 was introduced and read by title: "AN ORDINANCE ESTABLISHING A PROFESSIONAL-BUSINESS OFFICE ZONE, KNOWN AS A P-B ZONE IN THE CITY OF AMMON, IDAHO; PROVIDING FOR THE USE REQUIREMENTS, THE AREA REQUIREMENTS, THE WIDTH REQUIREMENTS, THE LOCATION OF BUILDINGS AND STRUCTURES,' THE HEIGHT REQUIREMENTS AND THE SIZE OF BUILDINGS WITHIN SUCH ZONE, REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE." Councilwoman Dille moved that the City Council dispense with the rule requiring the read- ing of the ordinance on three different days and 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. 170 was again read by title and read in full. Councilman Rowberry moved the adoption of Ordinance No. 170 as an ordinance of the City of Ammon on its third and final reading. The motion was seconded by Councilman Swensen; voting was Rowberry, yes; Swensen, yes; Lee, yes; Dille, yes; motion carried. In connection with the proposed purchase of the Mel Brown Well, Mayor Wehmann reported that the offer agreed upon at the previous meeting had not been accepted by Mr. Brown, who felt that the land and the value of a well proven to be good should be worth an additional $10,000. It was the feeling of the Council members that the price should not be more than $70,000, ~o Mayor Wehmann is to handle further negotiations on this matter. Mayor Wehmann noted that he had attended the Idaho Falls City Council Meeting the previous week, where the powerline loop was discussed, and his comments prepared in writing there- after and read to Idaho Falls Mayor Campbell are as follows: "Mayor Campbell and Council Members: The City of Ammon wishes to make several comments: 1. The Council and I want to make it perfectly clear that as of this date, Idaho Falls has not approached our City for the common courtesy of dis- cussing the proposed power loop location with us, this despite the fact that our City has incurred considerable expense. Your attendance at the presentation by our consultant is not viewed as such a meeting--a fact admitted to by at least two of your Council members. 2. The City of Ammon is not mad because we can't get power from you, as some segments of the news media have stated. The City of Ammon views