Council Minutes 04/19/1979
April 19, 1979
100
CITY OF AMMON
April 19, 1979
Minutes of a Special Meeting and the Regular Meeting of the Mayor and Council:
The meeting was called to order by Mayor George Wehmann, Mayor, at 7:05 P.M., with the
following City Officials present:
Mayor George Wehmann
Councilman Russell N. Swensen
Councilwoman Carol A. Dille
Councilman David Rowberry
Absent: Councilman Francis Lee
Others present during the meeting were Melvin Richardson, 3725 Brookfield Lane, Calvin
and Barbara Slater, 3665 Marlene St., Rex Shurtliff, 3575 Brookfield Lane, Floyd E.
Baldwin, 597 So. Fanning, Idaho Falls, Evelyn Thurman, 3425 Owen St., Ron Salisbury,
2755 Central Ave., Mary Mink, 3268 Leroy Dr., Rance(and Carma)Bare, Ellsworth Engr.,
Russ Wallace, 5330 Baywood Circle, Salt Lake City.
The pledge of allegiance to the flag was conducted by Mayor Wehmann, and the invocation
was offered by Councilman Swensen. Minutes of the meeting on March 15, 1979, and minutes
of the meeting on April 5, 1979, were approved as prepared later in the meeting.
The meeting was opened as a legally advertised public hearing on the proposed annexation
and initial zoning of 6.69 acres of land located east of Ammon-Lincoln Road and a short
distance south of East 17th Street, as requested by the L.D.S. Ammon Stake, with the in-
tended use being for a church building site. It was noted that this matter had been
discussed by the Planning and Zoning Commission at the regular meeting on March 13 and at
a special continuation meeting on March 27, 1979, and had been recommended for approval
with certain conditions as follows: (1) dedication of a 30-feet-wide public right-of-way
on the north side of the property, (2) parking accesses to be on to the right-of-way on
the north, (3) provision for a temporary access on the southwest corner of the building
site until such time as the City of Ammon provides for the completion of an east public
access right-of-way, at which time the temporary access is to be removed and abandoned,
(4) provide a 4-foot buffer zone and fence on the south building site property line,
(5) the 45 feet adjacent to the Section Line to be dedicated as a right-of-way for the
Ammon-Lincoln Road. It was determined that the Stake officials, representing the Church
as the developer, had agreed to comply with the conditions as specified, and new drawings
showing the dedicated right-of-way and the relocation of the north parking access were sub-
mitted. Mayor Wehmann asked for comments from the public who were present in connection
with the hearing. Rex Shurtliff, the property owner to the south, stated that he had no
objection to the proposal, but mentioned, as he had at the Planning Commission meeting,
that perhaps it is not good to have a church next to his horse pasture and barns. Calvin
Slater, whose land is adjacent on the east, said that he did not have any problem with
the recommendation of the Planning and Zoning Commission, but will be concerned if and
when Marlene Street is extended. It was pointed out by Mayor Wehmann that it is expected
to be some time before anything is done with Marlene Street, but a right-of-way must be
provided for in this annexation to keep an option open for a way to extend that street
in the future. The City Council members indicated satisfaction with the action of the
Planning Commission and the responses from the public and the representatives of the
Church. Councilman Rowberry moved to proceed with the annexation of the Ammon Stake
Center Property on Ammon-Lincoln Road. The motion was seconded by Councilman Swensen;
voting was Rowberry, yes; Swensen, yes; Dille, yes; motion carried. It was agreed that
action on an Annexation Agreement and an Annexation Ordinance will be taken as soon as
possible. The public hearing was declared to be closed at 7:40 P.M.
Melvin Richardson, who is connected with a radio and television station in Idaho Falls,
mentioned a program that is in the planning as a joint effort of schools, churches,
cities, etc., to emphasize respect for property as an endeavor to curb vandalism, and the
City officials expressed interest in participating.
Mayor Wehmann announced that the next item on the agenda was a continuation of the public
hearing on the proposed annexation and initial zoning of the Vera Lee Farm property, on
which there had been a question about the developers intentions when the hearing was
started at the March 15, 1979, meeting. Reference was made to a letter dated March 25,
1979, signed by Vera Lee, owner of the property, stating that she does not wish to have
the property annexed at this time~ Councilman Rowberry moved that the City Council
support the desire of Vera Lee to withdraw her application for annexation to the City
of Ammon. The motion was seconded by Councilman Swensen; voting was Rowberry, yes;
Swensen, yes; Dille,yes. The motion was carried, and the public hearing was closed.
An a lication for a variance submitted b Flo d E. Baldwin to allow the residential
lot at the corner of Central Avenue and Owen Street northeast corner) to be divided
into three lots with frontages of less than 80 feet was taken under consideration. It
was noted that there is an existing house in about the center of the 216' x 165' area,
and the request of the owner was to divide the property into parcels with frontages of
70, 71, and 75 feet on the Owen Street side. The applicant hac presented papers signed
by the adjoining property owners to show that notice of the proposal had been given to
them. The presence of those so notified, Evelyn Thurman and Ronald Salisbury, was ac-
knowledged and comments were invited. Mrs. Thurman stated that she had no objection to
the division of the ground but did not approve of Mr. Baldwin's plan to move in some
old homes there, and Mr. Baldwin explained that his thinking on that had been changed
Clerk Deon Hemingway
Asst. Attorney Douglas Nelson
Asst. Engineer Brad Nield
Public Works Director Hayse Whiteley
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April 19, 1979
since the homes were no longer available. Mr. Salisbury, the property owner to 1()1
the north, expressed concern about the increase in the number of people in the neighbor-
hood that would result if the requested division is allowed, especially if the same
situation might come about on the lot across the street to the west; consequently he
would prefer a two-lot division. It was pointed out by Mayor Wehmann that it would be
a problem placing a home on a narrow corner lot and still have the front and side of the
home in line with the front of other homes in both directions on the block. Councilman
Rowberry commented that he would be in favor of leaving the corner area as it is and
having an 80-foot lot on the east. Mayor Wehmann suggested that the Council take time
to check what action was taken on similar variance requests in the past, and Mr. Baldwin
agreed that a short delay would be no problem. Councilman Swensen moved and Council-
woman Dille seconded a motion to table the application for a variance by Floyd E. Baldwin
until the May 3, 1979, Council meeting. Voting was all in favor, and the motion carried.
In connection with the property under discussion, Mr. Salisbury inquired about the City's
responsibility for the large trees that are along the west lot line, which he described
as being a hazard to his family and personal possessions, and Mayor Wehmann recommended
that the matter be taken under advisement with the City Attorney and perhaps a cooperative
agreement can be worked out if the trees need to be removed.
Rance Bare of Ellsworth Engineers was given an opportunity to present his business, which
was in connection with finalizing the annexation of the remainder of Tie Breaker Village
as an unplatted area, on which the proper public hearings and approval were completed
some time ago. A prepared annexation agreement was reviewed and found to be in a
different form than others which have been signed recently, and it was explained that
the change in form had been suggested by Attorney Anderson. Mayor Wehmann felt that it
was advisable to clarify this matter with Attorney Anderson, since the Assistant Attorney
who was present was not informed regarding the situation, and it was determined to be
satisfactory with the developer, Russ Wallace, to delay the action until the next meeting
on May 3, 1979.
In response to an inquiry from Russ Wallace about proceedings to annex, with a zoning of
R-]A,some property next to and south of Tie Breaker Village subdivision, it was learned
that the notice regarding the public hearing held on April la, 1979, by the Planning
Commission on this matter had not been received by Mr. Wallace, and a correct address is
to be furnished so that notice can be properly given when the City Council hearing comes
up. It was noted that the Planning Commission made a recommendation for the City Council
to proceed with this annexation request, and there was a brief discussion on the depth of
the proposed CC-l Zone on a portion of the property. Councilman Swensen moved that a
public hearing on the Paul Benton-City of Ammon Property annexation and initial zoning
be set for 7:00 P.M., May 17, 1979. The motion was seconded by Councilwoman Dille; voting
was all in favor; motion carried.
An Electric Service Agreement with Utah Power & Light Company
Councilman Swensen moved to enter into an agreement with UP&L
and to authorize Mayor Wehmann to sign the agreement papers.
Councilman Rowberry; voting was all in favor; motion carried.
The subject of eliminating the present park project,which is under a BaR Grant,in order
to have funds to make the necessary improvements in the water system to use the newly-
purchased Well #7,as recommended at the previous meeting,was brought up by Councilwoman
Dille, who has the Council assignment responsibility for parks and recreation. She noted
that, inasmuch as she had not been present at the April 5th meeting, she would like to
voice her objection to the proposal at this time. Mayor Wehmann explained that the other
Council members felt that making an adequate supply of water available for the City was
more important than planting trees in the park at the present time, and offered further
information based on the advice received from the City Auditor as a result of an analysis
of the City's financial condition. He mentioned that he is not in favor of providing
funds for these water system improvements by increasing the water rates, which the
auditor calculated would be necessary if the money for the time payments is to come from
that source. The recommendation of the Council regarding the parks program was further
clarified in a statement by Mayor Wehmann that it was not the intent of the decision
made in the April 5th meeting to eliminate the BaR Project but to curtail it only if it
is necessary to do so, and a letter to this effect will' be sent to the State Parks Depart-
ment along with an inquiry about the possiblity of getting an extension on the BaR Grant.
Mayor Wehmann gave notice that it is time for the usual summer watering regulations to
go into effect, and that a proclamation on this including a notation regarding the pen-
a~ty will be published in the newspaper. May 1 was mentioned as a starting date.
It was decided that a dinner for all City employees and partners should be held at the
Mayor's home, and the evening of May 5 was suggested.
According to Mayor Wehmann, hearings before the Idaho Public Utilities Commission on the
Utah Power & Light Company rate increase case will be taking place in Pocatello on
May 1, 2, and 3, and his testimony for the City of Ammon as an official intervenor will
stress the point that UP&L has failed to comply with the federal inflation guidelines.
As a matter of information, Mayor Wehmann mentioned that he has been in contact with
Intermountain Gas Company regarding the recent franchise tax payment to the City, which
was down from the previous year, and has requested a copy of degree-day statistics in
order to verify the claim that there was a decrease in gross revenue due to warmer winter
weather during the 1978 year.
was presented for approval.
to supply power for Well #7,
The motion was seconded by
April 19, 1979
102
Councilman Swensen reported that he has been representing the City by participating in
the current Civil Defense Exercise, and will need someone else to complete the program
on Monday since he will be going out of town. He recommended that the City join in with the
area Clean Community Campaign which will get under way next week, and that extra trash
pick-up service be provided for the residents as needed on regular working days during
this spring clean-up effort.
A report by Councilman Rowberry indicated that he still needs to work with Reese Brown,
manager of Eastgate Mobile Village, on the revised water, sewer, and garbage rates for
trailercourts, and that he was pleased with the letter sent by Mayor Wehmann to Idaho
Falls Mayor Campbell regarding sewer treatment charges.
It was mentioned by Councilwoman Dille that the work for getting the swimming pool
ready for the summer season is coming along fine, and a suggestion was made that a
better system for handling admittance to the pool by family pass is needed.
The Mayor and City Council gave approval to Public Works Director, Hayse Whiteley, to
purchase a used pull broom for sweeping streets without curb and gutter, which is avail-
able through Arrowhead Machinery Company at a cost of $900. It was pointed out that the
engine in this sweeper is not running, but it can be repaired in the City shop for approxi-
mately $275. Mr. Whiteley reported that work in progress around the City includes street
repairs, painting at the swimming pool, and getting the materials needed to connect the
water from Well #4 to the Peterson Park sprinkling system. He mentioned that a fence
should be erected around the stockpile of road materials in the storage yard near Well
#6 since young people are riding motorcycles there which could be dangerous, and he
was instructed to use some kind of plainly visible net fencing for this purpose without
any barbed wire, since it is not allowed in the City.
In connection with the infiltration study on water seeping into sewer lines from canals,
Assistant Engineer Brad Nield reported that there will not be any water in the ditches
for another two weeks, and Mayor Wehmann requested that the City employees start checking
the sewage meter readings again. The location of the 20-foot access into Well #7 which
was purchased with the Well #7 property was discussed as it relates to the adjoining
land owned by Lewis Nielsen, and Mayor Wehmann emphasized the need to get this definitely
established.
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The City Clerk reported that there were claims to pay in the amount of $14,J02.21, and
the claims were approved for payment.
It was moved by Councilman Swensen and seconded by Councilwoman Dille that the meeting I
adjourn; voting was all in favor; the meeting was adjourned at 10:05 P.M.
ATTEST:
L~'
ytITY CLER~
MAYOR
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