Council Minutes 09/27/1979
September 27, 1979
116
CITY OF AMMON
September 27, 1979
Minutes of the Regular Meeting of the Mayor and City Council
The meeting was called to order at 7:~~ P.M. by Mayor George
City Officials present:
Mayor George Wehmann Clerk Deon Hemingway
Councilman Russell N. Swensen Engineer David E. Benton
Councilman Francis Lee Asst. Attorney Douglas Nelson
Councilman David Rowberry Public Works Director Hayse L. Whiteley
Absent: Councilwoman Carol A.Dille
Others present during the meeting were Robert Nixon and Stewart Roberts of Salt Lake City.
The pledge of allegiance to the flag was conducted by Councilman Rowberry and the invo-
cation was offered by Councilman Swensen. Minutes of the meetings on August 30, 1979,
and September 6, 1979, were approved as prepared.
Robert Nixon and his associate, Stewart Roberts, presented information and asked for
the feelings of the City officials before going any further regarding tentative plans
to develop the vacant area along Sand Creek south of 17th Street for storage units,
with an office on the west side and the storage facilities on the east side and a
connecting bridge. The Mayor and Council members acknowledged that the proposal would
likely be an acceptable use of the property, but one or more public hearings would be
required and it is not possible to tell what the reaction of the adjoining property
owners would be. It was recommended that Mr. Nixon do some research as to what zone
change would be needed and make a preliminary presentation of the proposal to the
Planning and Zoning Commission on October 9th, also that the matter of fire protection
be taken into consideration in relation to the bridge size and access routes if the
project becomes a reality.
Mayor Wehmann noted that Ken Frazee, who was listed on the agenda, will likely not
appear since a telephone contact was made and he was advised that the City is not in-
terested in using any of the property at the old Ammon brick yard.
A request to amend the Pheasant Estates Planned Unit Development (PUD) was brought up
for discussion. Councilman Rowberry reported that the recommendation of the Planning
and Zoning Commission was to approve the proposed amendment subject to the City Engineer
and the Building Inspector making sure that all City of Ammon ordinances pertaining to
the PUD are complied with. In response to comments that the people who attended the
public hearing on this subject on September 11, 1979 who are property owners in the
existing Pheasant Estates Condominiums expressed concern about the unfinished condi-
tion of that project, Mr. Nixon made an official statement that the original plan
for that portion will be completed but not before the sale of those already finished;
he mentioned also that the residents there are complaining about the unsightly weeds and
unauthorized dumping along Sand Creek and in the old pit nearby, and these areas are
being cleaned up. Mayor Wehmann instructed the City Public Works Director to have an
official "No Dumping" sign posted at the appropriate l~cation to help with this situation.
It was determined that the requirement of the law to have one public hearing on amending
the PUD had been met and that action by the City Council was in order. Councilman
Swensen moved to approve the request for amendment of the Planned Unit Development over-
lay zone which now exists with respect to certain property located east of Falcon Drive
within the Monty Howell Addition to the City of Ammon, and more particularly described
as "all of Lots 1 and 2, Block 4, Lots 2, 3 and 4 of Block 3, and Lorie Street of the
Monty Howell Addition, Division No.1, to the City of Ammon, Bonneville County, Idaho,"
to allow construction of single level townhouse style dwelling units on the de-
scribed property rather than two story units as located in the Pheasant Estates Condo-
miniUlFwest of Falcon Drive. The motion was seconded by Councilman Rowberry; voting was
all in favor; motion carried.
(continued from Sept. 20):
Wehmann with the following
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Matters of business concerning other properties in Ammon under the control of Robert
Nixo]7F~viewed by Engineer Benton to the effect that an easement deed for access to
City property on the east side of Sand Creek (the storm sewer pump station) has been
agreed upon, and that Mr. Nixon intends to give the land now known as Falcon Park to
the City when it is deeded to him.
It was noted that the Development Agreement for Aimee Ann Estates, a county subdivision I
in the Ammon Area of City Impact, had been reviewed and found to be acceptable except
for two minor changes. Councilman Rowberry moved to approve the Development Agree-
ment for Aimee Ann Estates contingent upon the resolution of the street widths and the
clarification of the water system design. The motion was seconded by Councilan Swensen;
voting was Rowberry yes, Swensen yes, Lee abstained due to conflict of interest because
of ownership in adjacent property; the motion was carried.
The Annexation Agreement for the Paul Benton Property was brought up for action. Council-
man Lee moved and Councilman Swensen seconded that said annexation agreement be approved
and that Mayor Wehmann be authorized to sign the agreement. Voting was all in favor;
motion carried.
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Sept. 27, 1979
117
Ordinance No. 181 was introduced and read by title:
AN GooUrANeE :ANNEXING CERTAIN LANDS TO THE CITY OF AMMON, BJNNEVILLE
COUNTY, IDAHO; DESCRIBING WITH. PARTICULARITY SAID LANDS TO BE ANNEXED
AND HEREBY ANNNEXED 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.
Councilman Swensen moved that the City Council dispense with the rule requiring the read-
ing of the ordinance (Ordinance No. 181 annexing the Paul Benton, City of Ammon, and
Lewis Nielsen properties located north of 17th Street across from Midway Avenue) on three
different days and that the three readings be waived. The motion.was seconded by Council-
man Lee; voting was Swensen yes, Lee yes, Rowberry yes; motion carried. Ordinance No. 181
was read in full. Councilman Swensen moved the adoption of Ordinance No. 181 as an ordi-
nance of the City of Ammon on its third and final reading. The motion was seconded by
Councilman Rowberry; voting was Swensen yes, Rowberry yes, Lee yes; motion carried, and
Ordinance No. 181 adopted.
It was made a matter of record that a Quit Claim Deed transferring a strip of land from
the Paul Benton Property to the City of Ammon has been signed and delivered to the City
to be legally recorded and filed with the City, thus giving an addition of approximately
9 feet in width on the access to the Well #7 property.
A recommendation of approval from the Planning and Zoning Commission on a request for
re-zoning from R-l to R-JA on a small area of Tie Breaker Village Subdivision was reported,
and a public hearing before the City Council on this matter was set for 7:JO P.M. on
November 1, 1979. It was explained that the developer's original request as advertised
had been for a change to C-l zoning, but this had been revised by the applicant when the
subject was considered at the Planning and Zoning meeting, and Mayor Wehmann indicated
that he would verify this before the notice of the next public hearing is printed.
In connection with the General City Election to be held on November 6, 1979, the need to
designate those who are to be election officials was brought up for action. Councilman
Swensen moved that the following residents be approved to act as election judges and
clerks (with J alternates being inclUded): Almira Richardson, Myrle Groom, Ethel Pickett,
Leona Dees, Mildred Empey, Irene Ricks, Marian Perrenoud, Carol Miller, Colleen Gregory,
and Louise Dean; and that the wages for the election workers be set at $J.OO per hour for
the first 8 hours and $4.50 per hour for time over 8 hours. The motion was seconded by
Councilman Rowberry; voting was all in favor; motion carried. The City Clerk is to notify
those who were selected.
Mayor Wehmann mentioned that Councilwoman Dille now has a copy of the dog ordinance re-
cently adopted by Bonneville County which is to be reviewed by Attorney Anderson in
anticipation of plans to put similar regulations in effect in Ammon. He recommended that
special attention be given to be sure a provision is made for retaining licensed dogs
that are impounded for a longer time than those that are picked up and are not licensed,
and that the ordinance include wording concerning poisoning of dogs if possible. Regard-
ing enforcement of the animal control laws, Mayor Wehmann reported that he met recently
with the County Commissioners who acknowledged that an officer working for Ammon can be
covered by the County false arrest insurance and agreed that Ammon can use the County
dog equipment; accordingly a sign was posted at the Sheriff's Department to give notice
that a dog catcher is wanted for Ammon, and Ciro Rustici, who previously expressed an
interest in doing this work, will be contacted.
The Law Enforcement Contract with Bonneville County for Fiscal Year 1980 was brought up
for action, and Mayor Wehmann commented that he can find no fault with the service provided
recommended that the proposal be accepted. Councilman Swensen moved to accept the
Sheriff's contract in the amount of $44,991 for FY-1980 beginning October 1, 1979, for
law enforcement for the City of Ammon. The motion was seconded by Councilman Rowberry;
voting was all in favor; motion carried.
Councilman Rowberry distributed copies of new water and garbage rates which he recommended
be put into effect to implement the intentions of the FY-1980Budget as adopted. The
Mayor and Council agreed that action should be taken on this matter at the next meeting.
The bffiGialmeeting was adjourned at 9:00 P.M. and Councilman Lee was excused due to
illness in his family. The meeting continued to unofficially discuss other City business.
Information was presented by Mayor Wehmann regarding the County's plans for widening Ammon-
Lincoln Road, and he noted that the Planning Commission had an opportunity to look at this
with no questions and comments regarding environmental impact will be going to the County
as requested. The sewer connection at Ammon Produce was mentioned, and there was a dis-
cussion about salary for employee LaVern Willlams while he is off work for heart surgery
and the need to establish a policy to cover situations such as this. Claims were approved
in the amount of $J,954.05,and it was determined that payment on some claims will have to
be delayed since there is not sufficient money on hand without using some of the dedicated
funds which have been deposited in the checking account and should be invested again in
Certificates of Deposit. The meeting closed at 10:00 P.M. 0
ATI'EST,d~4'.4~"-Z MAYO~;{7<1 /;j L" "''' c "
CITY CLERK / I