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Council Minutes 02/05/1981 I ~ to I'-- o <( <t: I I ~ , February 5, 1981 CITY OF AMMON February 5, 1981 165 Minutes of a Public Hearing and the Regular Meeting of the Mayor and City Council: The meeting was called to order at 7:20 P.M. by Mayor George Wehmann, with the follow'ing City Officials present: Mayor George Wehmann City Clerk Deon Hemingway Councilman Thayle D. Monson Attorney W. Joe Anderson Councilw'oman Carol A. Dille Engineer David E. Benton Councilman Russell N. Swensen Planning Commission Member Robert Williamson Councilman David Rowberry Absent: Public Works Director Hayse Whiteley Others present during the public hearing were S. E. Everette, 370 Tie Breaker Dr., D. Todd and Bonnie Rogers, 510 Matchpoint Dr. Darrell Knudson, 700 Matchpoint Dr., Jerry Kusky, 670 Matchpoint Dr., and Greg C. Rich, 395 Racquet Place. The pledge of allegiance to the flag was conducted by Mayor Wehmann and prayer was offered by Councilman Monson. Minutes of the regular meetings on November 20, 1980, and December 4, 1980, and minutes of a public hearing on December 4, 1980, were approved as prepared later in the meeting. Mayor Wehmann announced that the opening of the public hearing on a request to de-annex Division No.3 and the remaining unplatted portion of Tie Breaker Village Addition had been delayed twenty minutes in anticipation of the appearance of the applicant, Russ Wallace and/or his engineer, which had not occurred, so the meeting would proceed with- out them. He noted that the Planning and Zoning Commission held a public hearing on this subject on Dece,mber 9, 1980, and asked Robert Williamson of the Commission to report on the findings and recommendation made at that meeting. Mr. Williamsen explained that, in the developer's letter requesing de-annexation and the presentation made at the hear- ing, reasons for the request were listed as the cost of filing a plat when development is not anticipated in the near future, the decline in the housing market, paying City taxes on vacant land with the substantial increase in property taxes this year, a need to re- turn the use to agricultural, and a desire to free the property of its current zoning limitations in order to explore the potential of selling the property to a buyer who could then negotiate with the City for use of the land rather than being held to any previous agreement. It was mentioned by Mr. Williamson that he was chairman of the Planning Commission committee that investigated the request, and items which the committee felt had a special bearing were included in the motion which recommended that de-annexation not be granted (1) due to the potential impact on the existing residences in Tie Breaker Addition, (2) so that the utilities and future roads are as previously scheduled or de- signed, and (3) to maintain the boundary of the City. According to Mr. Williamson, the motion was passed unanimously, as was an amendment to the motion which recommended that the time limit for submitting a plat be extended to such time as the owner/developer de- sires to proceed with the development of the property. Regarding the reasons for the de-annexation request as stated previously, further discussion brought out the informa- tion that farming the land was never and is not now' prohibitied, that Mr. Wallace was advised by Mr. Williamson who checked w'i th the County Assessor that an error had been made in the taxes assessed on the property but a request for adjustment had not been filed with the Board of Equalization, that only 8% out of each tax dollar goes to the City of Ammon, and that filing of the plat would not be required at this time as re- commended by the Planning and Zoning Commission. Residents of Tie Breaker Village who were present commented that top soil has been scraped off of part of the undeveloped land so it likely could not be put back into farming, that the plan for a park, etc., as shown on the plat had influenced some of the present residents when homes were pur- chased, and it appeared that de-annexation would mean that the protective covenants which were given them when they bought their properties would not be considered in the future and the City of Ammon w'ould no longer have any control. There being no further comments, the public hearing was closed at 7:40 P.M. The first item of business in the regular meeting was to take action on the subject of the public hearing just completed. Councilman Rowberry moved to deny Mr.Wallace's re- quest to de-annex Division No.3 and remaining portion of Tie Breaker Village Addition. The motion was seconded by Councilman Swensen; voting was Rowberry yes, Sw'ensen yes, Monson yes, Dille yes; motion carried unanimously. In response to an inquiry, Attorney Anderson pointed out that the request could be presented again with no time limit, but it w'ould have to go through the same process of advertising and public hearings. Robert Williamson reported that the Planning and Zoning Commission expects to have some- one from the County Engineer's office at the next meeting to review' plans for Ammon- Lincoln Road, Hitt-Hackman Road, and the bicycle paths. Mayor Wehmann suggested that information on the future for Sunnyside Road be requested also. Mr. Williamson was informed that the Mayor and Council had completed a review' of the Comprehensive Plan and w'ould give the Planning Commission a chance to see the proposed errata sheet before the plan is approved. New assignments of responsibility on the Council were made by Mayor Wehmann as follows: Parks and Recreation, Councilman Row'berry assisted by Councilwoman Dille; Police and Fire Department, Councilman Swensen assisted by Councilman Monson; Public Works, Council- man Monson assisted by Councilman Rowberry; Fiscal Operations, Councilwoman Dille assisted by Councilman Swensen and Mayor Wehmann; Planning and Zoning, Councilman Monson. Feb. 5, 1981 166 It was mentioned that the City Clerk's office needs an official policy on how to handle checks returned from the bank for insufficient funds, and the subject was d.iscussed. Councilwoman Dille moved that a policy be established that insufficient-fund checks be sent back to the bank and, if returned a second time, writ~en notice be given to the maker that the check must be redeemed in cash (or money order) within five working days from the date of the notice or water service will be turned off. The motion was seconded by Council- man Swensen; voting was all in favor; motion carried. Mayor Wehmann noted that he will be out of town on February 15 and asked Councilman Swensen to represent the City at the dedication of the new L.D.S. Ammon Stake Church on Ammon Road on that day, since a special invitation has been extended to the City Officials for this occasion. I With reference to a report received from the City of Idaho Falls on the analysis of sewage treatment and sewer maintenance costs for the previous year, Mayor Wehmann pointed out that the charge to the City of Ammon for these services has been increased so con- sideration may have to be given to raising the sewer users rate after the FY-1980 audit report is made. According to Mayor Wehmann, there has been a response from the State Health Department regarding his letter about needing to delay the repayment of sewer grant funds, and the designated amount will be included in the FY-1982 budget. He noted also that the State Office of Farmers Home Administration had issued a letter of instruction to change the lending area boundaries, as discussed at the meeting on January 8, 1981, but an article in the newspaper indicated that this had been rescinded by the Federal office of that agency. Another matter mentioned by Mayor Wehmann was that a representative of the Federal Emergency Management Agency has sent notice that he will be back to hold a public meeting on the flood plain map. Attorney Anderson reported that there has been contact made with him recently on the case that is pending against the City and Mayor Wehmann, and amended to include Gene Birch, brought by Ammon Plumbing, for approximately $2,800, in connection with the costs of re- pairing a sewer service line problem at the Birch residence, 2995 Central Avenue. The situation was reviewed for the benefit of Attorney Anderson (as recorded in the minutes of September 6 and December 6, 1979). Councilman Rowberry recalled that he went to the site at the time, along with the City Public Works Director and they saw. the break in line, also that the work went ahead without direction from the City. According to Attorney Anderson, he was asked to inquire if the City would agree to not having Mr. Birch obligated in the suit, and Mayor Wehmann stated that he could not see letting Mr. Birch out because he gave the request to dig and no one from the City told him or Ammon Plumbing to go ahead. Mayor Wehmann commented that payment of $1,000 in this matter was justified because of the obligation to correct the problem that was the City's, but the offer was not accepted. With reference to the City's intervention in the current Utah Power & Light Company rate increase case, Attorney Anderson noted that pre-filed testimony is needed by the end of February for the hearing which is scheduled for the middle of March. The City Clerk presented claims in the amount of $8,981.28 which were approved for payment, and it was noted that a remittance of $40,191.77 in property taxes was re- ceived from the County on January 26. It was moved by Councilman Swensen and seconded by Councilwoman Dille that the meeting adjourn; voting was all in favor; meeting adjourned at 9:05 P.M. I ATIEST, ctTi k ~7 February 5, 1981 - ADDITION TO MINUTES ~ ~r.~( MAYOR (omitted from above) Consideration was given to a letter from the Iona-Bonneville Sewer District proposing that the City give credit of $5,719.50 for the amount due to the District for extending I and enlarging the Wanda Street sew.er to serve the City east of the railroad on Wanda Street and IBSD then continue making a payment to the City on the contract of February 1, 1978, on a re-amortized schedule of $1,489 yearly. The Mayor and Council did not voice any objection to the proposal as presented.