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Council Minutes 10/04/1978 I ~ lO I'- o <t: <t I I 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: ~ ~ ' ,;.4",,_ ;;'<<~~.~ r CITY 'CLERK' C recorded by Aleen J ecrlsen) i ~7Q It/d~~ . ,MAYOR (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 70' 3. 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." I 4. 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. I 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. I ~ (.Q f" () <( <( I I f 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; '1 motion was seconded by Councilwoman Dille; meeting adjourned at 10:05 P.M. ~/Ud~ .... 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