Council Minutes 09/20/1978
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September 6, 1978
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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.
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September 20, 1978
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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.
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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
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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