Council Minutes 10/04/1978
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September 20, 1978
participating in the CETA program with the State of Idaho. The motion was second:d 6f}
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.
ATTEST:
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recorded by Aleen J ecrlsen) i
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(Minutes
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 ~ 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, so Mayor Wehmann is to handle further negotia~ions 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
admitDed 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
October 4, 1978
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your proposed actions thus far as an invasion of our City's privacy--a
view I might add that is of concern to other small Idaho cities. We find
it ironical that the laws of Idaho were revised in 1975 to be very ex-
plicit in protecting the residents from actions of cities affecting
a~ne~ation, zoning, etc. I can assure you that we will do everything
wlthln our power during the forthcoming Legislative Session to See that
the rights of citie~s are protected from encroachment of.other cities and
entities. . .
The City of Ammon believes your proposed actions to be in violation of
portions of the Idaho Code--for example, the local land planning act of
1975. For this reason, we intend to pursue every legal means available
to prevent the City of Idaho Falls from placement of this loop within the
City of Ammon impact area without our expressed approval.
Finally, as I have expressed on several-occasions, the City of Ammon was
hopeful we could enter into a meaningful dialogue with Idaho Falls. The
advantages of such meetings have just been vividly pointed out with the
recent negotiations of Israel and the Arab countries. Regrettably, the
City of Idaho Falls has left our City no room for negotiations--it appears
our recourse will have to be the Courts of this State."
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In response to the receipt of many pages of regulations and instructions on grant appeals
sent from the Office of General Counsel of 'the Environmental Protection Agency with re-
gard to the results of the audit on the EPA funded portion of the Sewer Project completed
in 1975, Mayor Wehmann indicated that he would contact Jack Watson, Presidential
Assistant. The Mayor felt this was the kind of thing that should be mentioned to Mr. Wat-
qon,' in accordance with the discussion with him following a meeting of officials from
small cities and counties with President Carter in Portland earlier this year, which Mayor
Wehmann attended.
The proposed location of new street lights needed in recent additions to the City were
displayed on a map. Priority needs were discussed, and ten locations based on safety
at intersections were agreed upon. Councilman Swensen moved to negotiate a contract with
Utah Power & Light Company for an additional ten street lights to be placed at the major
intersections as defined throughout the City. Councilwoman Dille seconded the motion;
voting was all in favor; motion carried. Director of Public Works, Hayse Whiteley, was
instructed to make the necessary contact with a representative of UP&L.
REPORTS
Councilman Lee pointed out that the reports on Fire Department activities during the
past two months list 10 calls for the Fire District and 1 call in the City of Ammon,
which was of interest in view of the recent developments regarding the Mutual Aid
Agreement.
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Councilman Swensen reported that he attended the United Way breakfast the previous week,
and the City will be getting information on making contributions soon. He noted that
new coupon books for the utility billing will be ready to be sent out later this month.
It was suggested that Councilwoman Dille stress the need for new stri~ing on 17th Street
at the next County Traffic Safety meeting. She informed the Mayor and Council that a
public hearing on the uniform dog ordinance is scheduled for Tuesday, October 24th, at
1:30 P.M., and, if the ordinance is adopted, the County will take care of the legal pub-
lication printing while the individual cities need only publish a notice of adoption.
Councilwoman Dilie reported that the construction on improvements in the new Peterson
Park is under way, and the residents in the neighborhood have been notified by letter.
In connection with the park work, Mayor Wehmann informed the Council of a discussion with
Bert Metcalf, 3835 Sunnyside Road, regarding what Mr. Metcalf termed poor planning in the
placement of the parking lot and maintenance building. Councilwoman Dille noted that she
had checked with the landscape architect on the project who indicated that the location
of the building could be changed to allow more green area in the corner next to the Met-
calf property. The Council felt that this should be a satisfactory arrangement, and
Councilwoman Dille was to notify Mr. Metcalf. Councilman Swensen expressed the opinion I
that a recommendation should be made regarding the placement of the maintenance building,
and a location near Well No.4 pumphouse was agreed upon. It was pointed out that Mr.
Metcalf made reference to Section 11-5-27B of the City Code and accused the City of not
meeting the requirement therein that a permit is to be issued by the Zoning Administrator
for a public park. Mayor Wehmann commented that the park plans were started several
years ago, so he was not sure but what this matter had been taken care of previous to
his taking office, and the City Building Inspector explained that it was his experience
that projects with Federal funding do not require permits.
Hayse Whiteley, Director of Public Works and Building Inspector, reported that the people
at the Servisoft Water Conditioning business have decided to leave their sign the way it
is, that there is a drainage problem on the e:h,~~~~t:-~~~..cW9i~~eRe. of Eagle Drive, that
some special fittings are needed at Well #4 in order to use water from that source for
the new park sprinkling system, and that the grader which the City purchased from the
State has been delivered and is in working order.
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October 4, 1978
Attorney Nelson explained that Gary, Jensen, County Prosecuting Attorney, has given 71
notice that his office will no longer prosecute cases involving traffic offenses and
misdemeanor crimes which occur within the City of Ammon (due to what Mr. Jensen calls
a conflict with the City in relation to his development of Aimee Ann Estates). Con-
sequently, it was recommended by Attorney Nelson that a new prosecutor be named. Council-
man Rowberry moved to adopt the following resolution:
RESOLVED, that Jack G. Voshell and Roger B. Wright, of the firm of
Voshell and Wright, Attorneys at Law, Idaho Falls, Idaho, be and they hereby
are appointed as Deputy City Attorneys of the City of Ammon, Bonneville County,
Idaho, for the purpose of representing the City of Ammon in prosecution for
violations of the statutes of the State of Idaho or ordinances of the City of
Ammon brought in the District Court of the Seventh Judicial District of the
State of Idaho, for the County of Bonneville and for which the City of Ammon
is responsible for presecuting.
The motion was seconded by Councilman Swensen; voting was unanimous in favor; motion
carried.
Engineer Brad Nield uresented drawings for typical road cross sections for signature.
Regarding the re-paving of Wanda Street immediately west of the railroad tracks, about
which residents there have expressed concern, the Council was informed that this is to
be taken care of at the time when the streets are paved in the adjoining new subdivision
of Mountain Valley Estates. The matter of getting a machine and camera for sewerline
maintenance was mentioned by Mayor Wehmann, who noted that grant or loan money may be
available for such equipment and it could be used jointly with the Iona-Bonneville
Sewer District;'
City Clerk, Deon Hemingway, reported on her attendance at the ICCFOA Institute and the
Civil Defense meeting on national and civil preparedness, and listed claims to pay in
the amount of $10,925.55.
Councilman Swensen moved to adjourn; the
voting was all in favor; motion carried;
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motion was seconded by Councilwoman Dille;
meeting adjourned at 10:05 P.M.
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.... i MAYOR
ATTEST:
CITY OF AMMON
October 18, 1978
Minutes of the Regular Meeting of the Mayor and City Council:
The meeting was called to order at
following City Officials present:
Mayor George Wehmann
Councilman Russell N. Swensen
Councilman Francis Lee
Councilman David R. Rowberry
Others present during the meeting
9:05 P.M. by Mayor George Wehmann, with the
Clerk Deon Hemingway
Director of Public Works Hayse Whitley
Engineer David E.Benton
were J. R. Hayse, Boyd Thompson, and Duane Crook.
The pledge of allegiance to the flag was conducted by Councilman Swensen, and the in-
vocation was offered by Councilman Rowberry. The minutes of the regular meeting of
October 4, 1978, were approved as prepared (with a correction in the last paragraph
on Page 70).
It was noted for the record that the Mayor and Council members had been in attendance
from 7:30 to 8:30 P.M. at an information hearing held by the City of Idaho Falls, wherein
that City's consultant from the firm of CH2M gave a presentation on the high voltage loop
routi~.
J. R. Hayes, a building contractor, appeared to discuss the City's policy regarding the
charge of a plan check fee, and especially to question the need to add such a fee to the
cost of a building permit when the same plan is used for several homes, noting that he
was concerned about all items which added to the selling price of a house. He pointed
out that no other cities in the area where he has obtained building permits charge this
fee. It was determined that the adoption of the Uniform Building Code authorized the
City to collect a plan check fee of one-half of the building permit fee, and that the
building official must check all duplicate plans in order to know if any revisions have
been made. The water and sewer connection fees were also mentioned, and Mayor Wehmann
explained the need for these charges, but Mr. Hayes only proposed to eliminate the plan
check fee on duplications. City Building Inspector, Hayse Whiteley, stated that all
plans for the approximately 35 permits for new homes issued since the Ammon Building
Department came into operation in April of 1978 have been checked to be sure they meet
the code and have had a plan check fee charged. Mayor Wehmann expressed the opinion
that perhaps some consideration could be given to Mr. Hayes' suggestion that this fee
be eliminated when the same plan is used more than once if the builder had obtained