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Council Minutes 12/20/1978 December 6, 1978 7R PARTICULARITY SAID LANDS SO ANNEXED AND HEREBY ANNEXED, AND DE- CLARING SAID LANDS AS PART OF THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO; REAFFIRMING THE DETERMINATION OF THE PROPER ZONING FOR CLASSIFICATION OF THE ANNEXED LANDS AND TERRITORY UNDER THE ZONING ORDINANCE OF THE CITY OF AMMON, IDAHO, AND PROVIDING FOR AN EFFECTIVE DATE FOR THIS ORDINANCE." Councilman Lee moved 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. The motion was seconded by Councilman Rowberry; voting was Lee, yes; Row- berry, yes; Swensen, yes; motion carried. The Ordinance was again read by title and read in full. Councilman Lee moved to adopt Ordinance No. 171 as an ordinance of the City of Ammon on its third and final reading. The motion was seconded by Councilman Swensen; voting was Lee, yes; Swensen, yes; Rowberry, yes; motion carried, and Ordinance No. 171 adopted. With regard to street name signs,for new subdivisions, Engineer Benton mentioned a business which makes and installs the signs, and it was indicated that, since all recent annexation agreements require that developers are responsible for signs, they should be provided with this information, but the City should deal with the County when replacement signs are needed. In connection with the repair of streets in the Jennie Jean area now that the Iona-Bonneville Sewer District construction is com- pleted, Engineer Benton reported that the paving of Wanda Street east of Ross Avenue is under contract, and the Sewer District officials are considering asking for approval to put a l-inch overlay on the streets there next year instead of chip- and-seal, which it is felt will make a better repair job, then it would be proposed that the City lay a chip-and-seal coat sometime later. According to Engineer Ben- ton, the Iona-Bonneville Sewer District may be able to make early payment in full on the amount due the City of Ammon under the agreement which was signed several months ago. Mayor Wehmann reminded Engineer Benton that the City still needs maintenance manuals on Well #6 and the 17th Street storm sewer station. The City Clerk's report listed miscellaneous claims to pay in the amount of $4,5l0.62,and $10,179.00 payable on Local Improvement District No. 8 construction for which an interim warrant has been issued to obtain funds. A statement showing the cash balances in the various City funds was reviewed, and it was mentioned that the annual audit is being completed. Claims were approved for payment. It was moved by Councilman Lee and seconded by Councilman Rowberry that the meeting adjourn; voting was all in favor; the meeting adjourned at 9: 0 P.M. ry ~ / / A'ITEST: ~/ ~~A4-c4-r / MAYOR I I CITY OF AMMON December 20, 1978 Minutes of the Regular Meeting of the Mayor and City Council: r 7:35 P.M. by Mayor George Wehmann with the The meeting was called to order at following City Officials present: Mayor George Wehmann Councilwoman Carol A. Dille Councilman Russell N. Swensen Councilman Francis Lee Councilman David Rowberry Others present during the reporter Rick Bolton, and Clerk Deon Hemingway Engineer David E. Benton Asst. Attorney Douglas Nelson Director of Public Works Hayse L. Whiteley Planning Commission Chairman Jim McNett meeting were Lawrence Ricks, Rance Bare, . Post-Register James Southwick. The pledge of allegiance to the flag was conducted by Councilman Lee and the invoca- tion was offered by Councilman Swensen. The minutes of the meeting on December 6, 1978, were approved as prepared later in the meeting. I Mayor Wehmann opened the meeting as a public hearing, as adver.tised, on the annexation and initial zoning of 63 acres of land known as the Delmar Anderson farm and in- cluding the adjoining Union Pacific Railroad right of way. the property being located immediately south of 17th Street, east of Jennie Jean Estates, and north of Mountain Valley Estates. It was noted that the annexation process was initiated by a written request received from Marvin Judd of D'Marco Investments Ltd., Provo, Utah, who is the present owner. Planning and Zoning Chairman Jim McNett reported on the hearing held before the Commission, which resulted in a unanimous recommendation to annex with zoning of RPA. He noted that there was no one present from the public at the meeting, and no objections were made to the proposal. In response to a question by Councilwoman Dille about the street layout, Mayor Wehmann explained that the developer has asked for annexation without platting and agrees to enter in to a standard annexation agreement, which would be the same as the one for the adjoining Mountain Valley Estates, and that when the platting is done, it will have I ~ C.D " o <( <[ I I December 20, 1978 to go through the Planning and Zoning Commission and the City Council for approval. 7~l Engineer Benton pointed out that the owner requested annexation before platting in order to be sure that City water and sewer would be available before going ahead with development plans. Lawrence Ricks, 1021 s. 3500 East, owner of property on the north side of 17th Street across from the property being discussed, commented that he was present mostly to become informed, and was given assurance in answer to his questions that zone changes after annexation must go through the hearing procedure and that arrange- ments regarding the irrigation canal will be included in the annexation agreement. James Southwick, 3968 E. 17th Street, stated that he felt good about RPA zoning next to his lot which is zoned RP. With regard to the railroad property, Mayor Wehmann explained that it would be zoned RPA along with the remainder of the subdivision, and that the annexa- tion ordinance would afford it a non-conforming use, which restricts it to the present or similar use unless the consent of the City is given through procedures specified by law. It was noted that UPRR officials had been notified of the Planning and Zoning and the City Council hearings on the proposed annexation of the railroad facility and right- of-way in the described location, but no contact was made with the City by anyone re- presenting the railroad company. Engineer Benton mentioned that, since the railroad property under consideration is less than 5 acres, it can be annexed without the consent of the owner. Questions from the press were answered to the effect that the City has annexed areas larger than 63 acres in the past, that this is not the first time that unplatted property has been considered for annexation, and that the railroad must be annexed along with the subdivision property at this time in order for the land to be contiguous to the existing City boundary. The public hearing was closed at 8 P.M. Councilman Rowberry moved that the City annex and zone RPA the Delmar Anderson property and the adjoining railroad property as described in the legal notices. The motion was seconded by Councilman Swensen; voting was Rowberry, yes; Swensen, yes; Lee, yes; Dille, yes; motion carried. An ordinance to annex the Delmar Anderson and adjoining railroad property was introduced and assigned Ordinance No. 172 and was 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 CLASSIFICATION OF 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 on three different days and that the three readings be waived. The motion was seconded by Councilman Rowberry; voting was Dille, yes; Rowberry, yes; Swensen, yes; Lee, yes; motion carried. The Ordinance was again read by title and read in full. Councilwoman Dille moved to adopt Ordinance No. 172 as an ordiance of the City of Ammon on its third and final reading: The motion was seconded by Councilman Swensen; voting was Dille, yes; Swensen, yes; Rowberry, yes; Lee, yes; motion carried and Ordinance No. 172 adopted. An application for a non-commercial kennel license submitted by Kim and Karen Jessen, 2885 Ross Ave., was considered and found to be in order, with 100% of the adjoining property owner's signatures indicating approval having been obtained. Councilman Lee moved to grant the requested non-commercial kennel license for the year of 1979. The motion was seconded by Councilman Rowberry; voting was all in favor; motion carried. Rance Bare of Ellsworth Engineering, representing the owner of Aimee Ann Estates, re- quested action relative to a subdivision agreement for this residential development located north of Sunnyside Road and west of Crowley Road in the City of Ammon Impact Area, for which the final plat has been approved. It was noted that this is in accord- ance with the agreement signed with Bonneville County under which the County has designated that Ammon subdivision regulations will apply. Mr. Bare explained that con- ditions to be included in a subdivision agreement from the developers standpoint were submitted to the City Attorney several weeks ago and additional verbage is being prepared, but an indication of the willingness of the City to enter into a subdivision agreement when appropriate terms are finalized is needed at this time. Reference was made to the developer's desire to install individual sewer systems in this subdivision, which has been a"matter of concern on the part of the City Council and the Planning and Zoning Commission, and the need to work this out agreeably was stressed. Engineer Benton re- viewed a policy which the Iona-Bonneville Sewer District officials are contemplating to provide for the reimbursement to developers of sewer trunk line costs in making sewer facilities available to new subdivisions which are not immediately adjacent to the exist- ing sewer line,which he suggested the City might consider. Mr. Bare asked that the City submit its requirements in writing so the developer will know what is expected. Council- man Lee moved to proceed with the preparation of a subdivision agreement for Aimee Ann Estates which is to be submitted to the City Council for approval. The motion was seconded by. Councilwoman Dille; voting was unanimous in favor; motion carried. Mayor Wehmann expressed his feeling that the City is "crossing the threshold" in matters in which the Area of City Impact is involved. December 20, 1978 80 J. R. Hayes, a building contractor, appeared and presented a proposal that the City Council reconsider the policy of charging for water durin construction at the regular residential rate ($7.50 per month at this time, which he contended was not a proper charge since very little water is used during most of the construction period. Mayor Wehmannexplained that the original purpose of the charge was to be sure that builders notify the City when a new house is occupied. He further stated that a complete rate schedule for water charges is being worked on, and he would recommend that an adjust- ment on the water-during-construction rate be included since the amount being charged presently does not appear to be fair. It was indicated by Mayor Wehmann that Mr. Hayes would be notified when a decision has been made. Engineer Benton mentioned a schedule of charges prepared by the EPA which he could make available to the City. Councilman Rowberry brought to the attention of the Council the matter of the sewer I connection at the Servisoft Water Conditioning building on 17th Street never having been made. It was agreed that he should contact the owner and explain the require- ments as specified in the City Ordinance, and give notice that a May 1st deadline for getting hooked up is considered to be reasonable, after which a fine can be imposed as provided in the law. The annual Street Finance Report was reviewed. Councilman Swensen moved to approve the Annual Certification of the Street Revenue and Expenditures as presented for the fiscal year Oct. 1, 1977, to Sept. 30, 1978. The motion was seconded by Councilman Rowberry; voting was all in favor; motion carried. The Clerk was instructed to publish the certification as required. Planning and Zoning Chairman Jim McNett noted that the Commission has set a March com- pletion goal to update the City's Comprehensive Plan, and comments from the Mayor and Council are requested. The Council members indicated approval of Mayor Wehmann's suggestion that the City present each of the City employees with a turkey for Christmas as has been customary. The date of January 13 was set for the annual holiday party for Oi ty Off'icials. Mayor Wehmann also proposed that the City elected officials host a dinner sometime in the near future to provide an opportunity to meet and mix with the employees. Mayor Wehmann presented a plan for setting aside sufficient funds each month in order to accumulate the necessary amount to be able to make the Water and Sewer Revenue Bond payment to Farmers Home Administration in September, 1979, and repay loans from other funds which were needed in order to pay the current installment on the bond at this time. I According to Mayor Wehmann, a reply has been received from Alfred Kahn, Chairman of the National Council on Wage and Price Stability,in answer to a request for assistance on the UP&L rate increase case. He mentioned also that a letter has been sent to a representative of the EPA in connection with the amount due from the City on the water and sewer project grant, and that problems in the water and sewer systems were itemized in the letter. In response to an inquiry made by Councilman Lee regarding renewal of the supplemental insurance coverage on the Volunteer Fire Department members, it was suggested that Ron Parish of Consolidated Agencies in Blackfoot be contacted for a quotation. A comment was made that there is a need to come up with an incentive for getting the firemen out to training drills. A proposal made by Councilman Rowberry that the regular meeting time be changed met with unanimous approval, and it was decided that the Mayor and Council will meet on the first and third Thursdays of each month in the future. Regarding a public hearing on the Local Improvement District No.8 Assessment Roll, Mayor Wehmann explained that this was ad- vertised for Tuesday, January 9, 1979, at 7:30 P.M., so the Planning and Zoning meeting on that evening will follow at 8:00 P.M. A group of Skyline High School students appeared to deliver a "Christmas Carol-gram" to Councilman Rowberry, and everyone enjoyed the singing by Kevin Brein, Todd Hatch, Jamie Thomas, Sonjia Michlie, Cindy Night, and Stephany Chorol. Councilwoman Dille reported that a billing has been submitted for reimbursement under the BOR grant on the cost of work completed at the new Peterson Park. I Attorney Nelson noted that the agreement papers on the Wanda Street crossing submitted by UPRR have been reviewed and found to be in order. Councilman Lee moved that Mayor Wehmann be authorized to sign the Agreement in behalf of the City. The motion was seconded by Councilman Swensen; voting was all in favor; motion carried. Hayse Whiteley, Director of Public Works, presented information on repairing the large door on the City shop and the change in the garbage collection route which keeps the truck on the proper side of the street at all times. Councilman Lee commended the City crew for the extra work done to pick up garbage scattered by dogs. The City Cler~ listed claims to pay in the amount of $5,934.18. Mayor Wehmann pointed out ~hat the lnsura~ce agent has.agreed t? accept an initial payment of 25% of the annual premlum ?n the ne~ lnsurance pollcy. Clalms were approved for payment. It was moved by Councllwoman Dllle and seconded by Councilman Lee that the meeting adjourn' voting was all in ../7.YOT. ;..mee~ing ad. journed at 10:35 P.M. # . ' ATl'EST ljt~"r..)j/~,,~~."-? ~::/~~~ ,/ CITY C1E~ ,;:7' MAYOR~