Council Minutes 05/03/1979
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May 3, 1979
CITY OF AMMON
May 3, 1979
103
the Mayor and City Council:
8:45 P.M. by Mayor George Wehmann, with the following
Minutes of the Regular Meeting of
The meeting was called to order at
City Officials present:
Mayor George Wehmann
Councilwoman Carol A. Dille
Councilman David Rowberry
Councilman Russell N. Swensen
Absent: Councilman Francis Lee
Others present during the meeting were Rance Bare of Ellsworth Engineers; Ronald Salis-
bury, 2755 Central Ave.; David Sorenson (and neighbors), 2030 Ross Avenue.
The pledge of allegiance to the flag was conducted Qy Councilman Swensen, and the invoca-
tion was offered by Councilman Rowberry.
Clerk Deon Hemingway
Engineer David E. Benton
Attorney W. Joe Anderson
Public Works Director Hayse L.Whiteley
It was noted that the meeting was delaysd in starting due to the lack of a quorum since
Councilman Lee was absent and Councilman Swensen arrived late because of a business
appointment.
The variance application submitted by Floyd E. Baldwin, which was considered at the pre-
vious meeting, was brought up for action. Mayor Wehmann explained that the City records
have been checked, and it has been determined that similar requests to divide lots into
building sites with less than 80 feet of frontage in the Original Townsite have been denied
based on advice from the City Attorney. Councilwoman Dille moved that the variance for
Floyd Baldwin on property located at Central Avenue and Owen Street be denied. The motion
was seconded by Councilman Rowberry; voting was unanimous in favor; motion carried. The
problem of the hazardous condition of the large trees along the west side of the Baldwin
property was brought up for discussion again by Ron Salisbury, the neighbor on the north.
It was pointed out by Attorney Anderson that the matter should be worked out by the two
property owners, and he made reference to the City Code which indicates that the removal
of trees in the parking right-of-way (between the paving and the property line) is the
responsibility of the adjoining owner, so the City has no financial obligation in this
matter. It was recommended that Mr. Salisbury write to Mr. Baldwin about the situation
and ask that the danger be eliminatedwithinareasonable time then take further action if
necessary.
The Annexation Agreement on Tie Breaker Village, Division No.3 and Remaining Portion,
was presented as being ready for approval, including a provision for platting before any
building permits can be issued for construction in the area. Councilman Swensen moved
to authorize Mayor Wehmann to sign said annexation agreement. The motion was seconded
by Councilman Rowberry; voting was all in favor; motion carried. It was mentioned that
an Annexation Ordinance for this land will be prepared for action at a future meeting.
Regarding the Development Agreement for Aimee Ann Estates, a proposed subdivision in the
County within the Ammon Area of City Impact, the feelings of the Council members were ex-
pressed to the effect that the document should include an item about the willingness of
the City to participate in the costs of the well and water system in that project at some
future date if developed to the City's specifications as furnished by the City Engineer.
It was agreed that immediate reimbursement to the developer on any of these costs would
not be acceptable. Councilwoman Dille moved that the City Council authorize Mayor Wehmann
to sign the Development Agreement for Aimee Ann Estates after the matters as mentioned
have been cleared up and if all the provisions in the agreement meet the approval of
Mayor Wehmann and Councilman Rowberry. The motion was seconded by Councilman Swensen;
voting was all in favor; motion carried. Rance Bare, of Ellsworth Engineers, indicated
that he would notify the developer, Gary Jensen, of the action that was taken and make
further contact with the appropriate City officials as soon as possible.
David Sorenson and neighbors, who are residents in the vicinity of Well #5, appeared and
asked for permission to plant fruit trees as a welfare project on the City-owned property
surrounding the well pumphouse, and the Mayor and Council agreed that this would be a good
use of the land which would add to the appearance of the community. It was mentioned that
the well property in that location is quite a large area in anticipation of putting in a
storage tank there some time in the future.
Mayor Wehmann informed the Council that, due to an inadvertent error in the City Office,
the legal notice has not been published for the public hearing on the Paul Benton-City of
Ammon property annexation and zoning which was scheduled for May 17th, so a new date needs
to be set. The time of 7 P.M. on June 21, 1979, was established.
The matter of a problem with the exact location of the 20-foot access to Well #7 as it re-
lates to the Lewis Nielsen property was brought up by Mayor Wehmann, and Engineer Benton
was instructed to contact Mel Brown about this.
With reference to the franchise tax payment from Intermountain Gas Company, Mayor Wehmann
commented that he checked the degree-day readings that the company provided and determined
~hat th~ payment was consistent with the information used to m~ke the calculations, espec-
lally Slnce there has been an increased use of energy-saving devices for heating purposes.
May 3, 1979
104
Public Works Director, Hayse Whiteley, noted that there are a number of apparently unused
vehicles parked on the street or ~ight-of-way throughout the City, and it was decided that
a letter giving notice to remove should be sent out, with Mayor Wehmann to approve the
wording of the letter before it is delivered. A complaint from Michael Berg, 2040 Dove
Drive, about Gary Johnson of 2020 Dove Drive parking his commercial truck in his front
yard was discussed, and Mayor Wehmann agreed to write to Mr. Johnson after Attorney
Anderson checks the City Code on this subject. Also mentioned by Mr. Whiteley was an
inquiry about whether or not anything can be done about someone parking on the grassed
area of the street right-of-way in the Original Townsite without the permission of the
adjoining property owner, and the failure of the developers to have the animal-overlay
zoning put on the Felt and Waite Addition where the lots are of ample size for keeping
livestock animals.
Engineer Benton reported that calculations have been made and a check submitted from the
Iona-Bonneville Sewer District on the sewage treatment costs for the flow from the Sewer
District which is below the meter at 17th Street.
Mayor Wehmann called attention to the fact that action needs to be started to work out
an up-dated Sewer Agreement with the City of Idaho Falls by June 1, 1979, and commented
that perhaps consideration should be given to getting a letter of intent between the
City of Ammon and the Iona-Bonneville Sewer District regarding entering into a partner-
ship for sewer maintenance.
The City Clerk presented claims in the amount of $25,853.78, which were approved for
payment.
Councilwoman Dille moved and Councilman Swensen seconded that the meeting adjourn; voting
was all in. fa;r; me:~ ad~ourned at 10:)0 p~~~
Attest: ,~~~Vz<:1 . / y -
CITY OF AMMON
May 15, 1979
Minutes of the regular meeting of the Mayor and City Council:
The meeting was called to order by Mayor George Wehmann at 7:35 P.M, with the following
City Officials present:
Mayor George Wehmann Clerk Deon Hemingway
Councilman Francis Lee Public Works Director Hayse L. Whiteley
Councilwoman Carol A. Dille Attorney W. Joe Anderson
Councilman David Rowberry Engineer David E. Benton
Councilman Russell N. Swensen (arrived 8:15 P.M.)
Also present during the meeting were Gary Voight and Attorney Greg Crockett.
The pledge of allegiance to the flag was conducted by Councilman Rowberry and the invoca-
tion was offered by Councilwoman Dille. Minutes of the meeting on April 19, 1979, were
approved as prepared.
Attorney Greg Crockett, respresenting Mr. Voight, asked for the feelings of the Mayor and
Council regarding a proposal to build a "nice" restaurant in Ammon which would offer the
sale of liquor with the meals. It was noted that, before a liquor license can be obtained
from the State, the Ci tyGouncil would have to pass a special ordinance for this purpose.
Mayor Wehmann suggested that a determination be made regarding whether or not such an ordi-
nance could restrict the issuance of liquor licenses in the City to restaurants without
opening the way to bar establishments. Comments of the Council members indicated that they
would either be opposed to the sale of liquor in Ammon or would need to know more about
what the law allows with regard to liquor licenses before making any decision, and would
likely require that the matter be presented to the City residents in a public hearing.
Mr. Crockett and Mr. Voight agreed to get some definite information on the State Liquor
Laws and get back with the City officials if they desire to go ahead with their proposal.
With regard to the large trees along the Floyd Baldwin property at the corner of Central
Avenue and Owen Street, Mayor Wehmann reported that a copy of a letter written by the
neighbor, Ronald Salisbury, to Mr. Baldwin has been received, and Mr. Ba::tdwin is now ask-
ing that consideration be given to the comment made at the meeting on April 19th when the
matter was first discussed that a cooperative agreement for sharing the cost of the tree
removal might be worked out. Attorney Anderson again advised that the property owner is
responsible, and Mayor Wehmann indicated that he would write a letter of explanation to
Mr. Baldwin.
The Annexation Agreement .for the L.D.S. Ammon Stake Property, located on the east side
of Ammon-Lincoln Road and south of 17th Street, was presented for action. It was noted
that the legal description in the Agreement needed to be changed to be the same as the
description used in the public hearing notices, which included the Ammon-Lincoln Road
right-of-way. Mayor Wehmann pointed o~t also that a provision should be made in the
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