Council Minutes 04/02/1981
April 2, 1981
170
CITY OF AMMON
April 2, 1981
Minutes of the regular meeting of the Mayor and City Council:
The meeting was called to order at 70:)0 P.M. by Acting Mayor Russell N. S~ensen with the
following City Officials present:
Councilman Russell N. Swensen
Councilman Thayle D. Monson
Councilman David Rowberry
Mayor George Wehmann arrived 8:25 P.M.
Clerk Deon Hemingway
Public Works Director Hayse
Engineer David E. Benton
Attorney W. Joe Anderson
Auditor Walter Clapp
L. Whiteley
Absent: Councilwoman Carol A. Dille
Others present during the meeting were Scout Leader Artell Rowberry and Scouts Greg
Christensen, Lance Erickson, and Eric Owens.
The pledge of allegiance to the flag was conducted by Councilman Monson and prayer ~as
offered by Councilman Swensen. Minutes of the meeting on March 19, 1981,were approved
as prepared.
An Application for Variance submitted by Steven Bailey of 3485 Rawson Street was con-
sidered and found to be incomplete since the signature of the adjoining property o~ner
had not been obtained. It was moved by Councilman Monson and seconded by Councilman
Rowberrv.that the application be tabled; voting was Monson yes, Rowberry yes, Swensen
yes, mO~lon carrled.
Matters concerning work to be done at the s~imming pool in preparation for the coming
season were discussed, and the Public Works Director informed the Council members about
the progress being made in getting the surplus air compressor which was purchased re-
cently in working order. Filling in windows in the shop area of the City Building in
an effort to cut down on heating costs was also mentioned, and it was decided that,
for budgeting purposes, the purchase of materials for this project should be delayed
until the next fiscal year starts.
The Audit Report f.or Fiscal Year 1980 was reviewed in detail. Councilman Swensen moved
to accept the Audit Report for FY-1980 as presented by Walter Clapp of the firm of
Galusha, Higgins, and Galusha. The motion ~as seconded by Councilman Monson; voting
was all in favor; motion carried. It was noted that a copy of the Audit Report on
Water and Sewer Funds has been sent to the Farmers Home Administration as required by
the Revenue Bond Ordinance and a copy of the complete Audit is to be mailed to the State
Legislative Auditor.
ORDINANCE NO. 187, having the following title, was introduced:
AN ORDINANCE AMENDING SECTIONS 4-3-32 AND 4-3-33 OF THE CODIFIED ORDINANCES
OF THE CITY OF AMMON; PROVIDING FOR A DUE DATE FOR PAYMENT FOR WATER SERVICE;
PROVIDING FOR A PAST DUE DATE; PROVIDING FOR NOTIFICATION OF DELINQUENCY; PRO-
VIDING FOR A NOTICE OF TERMINATION OF SERVICE AND FOR A PRETERMINATION HEARING
UPON REQUEST OF THE CUSTOMER; PROVIDING FOR NOTIFICATION OF THE RIGHT OF THE
CUSTOMER TO PRETERMINATION HEARING; PROVIDING FOR SUCH TERMINATION HEARING
PRIOR TO TERMINATION OF WATER SERVICE; PROVIDING THAT A WATER CONSUMER MAY NOT
BE INITIALLY DENIED OR DISCONTINUED WATER SERVICE BECAUSE OF A DELINQUENT
WATER BILL BY A PRIOR WATER USER ON THE PREMISES; PROVIDING FOR A HEARING
PRIOR TO DENIAL OF INITIAL SERVICE; PROVIDING THAT ALL ORDINANCES AND RESOLU-
TIONS IN CONFLICT HEREWITH BE REPEALED; AND, PROVIDING FOR AN EFFECTIVE DATE.
Ordinance No. 187 was read in full. Councilman Swensen moved to pass Ordinance No. 187
on its first reading. The motion was seconded by Councilman Rowberry; voting was all
in favor; motion carried unanimously. It was recommended that further action on the
ordinance be postponed due to the absence of Councilwoman Dille.
Mayor Wehmann pointed out that the subject of home businesses in RP and RPA Zones, where
such use is not permitted, has been brought to the attention of the City officials, and
he suggested that this go to the Planning and Zoning Commission to make a recommendation
for the guidance of the City Council.
It was announced by Mayor Wehmann that a Release of Claims and Indemnity Agreement has
been prepared in the settlement proceedings for the lawsuit which the City proposed to
bring against H-K Contractors (formerly Hartwell Construction Company) in connection
with the leaks in the sewer lines that were installed by that company. After the paper
was reviewed, it was recommended that the wording be changed in one paragraph and
Attorney Anderson agreed to make the necessary contacts with the attorney representing
H-K Contractors. The following resolution was presented for consideration:
RESOLUTION NO. 81-1. A RESOLUTION OF THE CITY OF AMMON CONCERNING SETTLE-
MENT OF THE DISPUTE WITH H-K CONTRACTORS, ET AL, ARISING FROM THE 1973-1974
SEWER AND WATER PROJECT DULY ADOPTED AT THE REGULARLY SCHEDULED MEETING OF
THE MAYOR AND CITY COUNCIL.
RESOLVED: Following discussion and based on previous discussion,
negotiation, and advice of counsel, the dispute with H-K Contractors, Inc.,
arising from the 1973-1974 sewer and water project be settled for $13,750.00,
and the release prepared and attached hereto be executed.
Councilman Swensen moved to adopt Resolution No. 81-1 as read, subject to the modifica-
tion of the Release of Claims satisfactory to counsel. The motion was seconded by
Councilman Rowberry; voting was unanimous in favor; motion carried.
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April 2, 1981
171
It was noted by Mayor Wehmann that the County Election Office has been contacted about
joint registration, and he recommended that a letter be sent to formally request in-
formation on this subject. Other matters brought to the attention of the Council by
Mayor Wehmann included a mailgram sent to the Governor recommending veto of House Bill
No. 260 which could possibly eliminate water and sewer connection fees, notice received
from Farmers Home Administration about new loaning area boundaries which took Ammon out
but allowed for lending service to continue on properties now having FmHA financing,
and arrangements made to have Bob Webster of 3590 Ross Avenue appear at the next Council
Meeting to discuss a dog shooting incident. In response to other subjects mentioned,
Councilman Rowberry agreed to contact Donna Horne of 1910 Falcon Drive concerning her
letter about problem conditions in the City, Councilman Swensen was asked to contact
the County Sheriff about questions which have come up recently regarding enforcement
of the parking regulations, and Council members indicated approval of sending a letter
to Kendal Kiesel of 3950 Georgia Lane regarding his failure to make payment to reimburse
the City for costs in connection with public hearings on his requests for a zone change
and a special use permit.
With reference to a letter from an official of the Union Pacific Railroad Company re-
garding improving responsiveness to community concerns, Mayor Wehmann requested that
Attorney Anderson write a letter to that company asking that contact be made with the
City of Ammon if the City of Idaho Falls makes an approach to renew the right-of-way
for a powerline along the railroad through Ammon.
A pre-hearing conference on co-generation scheduled by the Idaho Public Utilities
Commission in Boise on April 24 was mentioned by Attorney Anderson, who suggested that
this might be an area where the City could become involved and recommended that Mayor
Wehmann try to be in attendance.
Claims were presented by the City Clerk in the amount of $7,878.37 which were approved
for payment.
It was moved by Councilman Rowberry and seconded by Councilman Monson that the meeting
adjourn; voting,was all in favor; mmeeting adjourned at 10:00 P.~~
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A TrEST:
CITY OF AMMON
April 16, 1981
Minutes of the Regular Meeting of the Mayor and City Council:
The meeting was called to order at 7:50 P.M. by Mayor George Wehmann with the following
City Officials present:
Mayor George Wehmann
Councilman Russell N. Swensen
Councilwoman Carol A. Dille
Councilman David Rowberry
Councilman Thayle D. Monson
Excused: Attorney W. Joe Anderson
Clerk Deon Hemingway
Public Works Director Hayse L.Whiteley
Engineer David E. Benton
Planning Commission Member Betsy Kasnick
Also present was Steve Vucovich representing G. & B. Solar Co.
The pledge of allegiance to the flag was conducted by Councilman Swensen and prayer was
offered by Councilman Rowberry. The minutes of the meeting on April 2, 1981, were
approved as prepared.
Time was given to Mr. Vucovich to present information about various energy source
applications which could be used to heat the swimming pool water, with special emphasis
on a water-to-waterhea~pump system. It was noted that a problem with heating by this
methocr. would be the amount of water that would be discharged into the sanitary sewer and
metered for traatment. The condition of the present natural-gas water heater at the pool
was discussed later in the meeting and, inasmuch as it was considered to be a hazard to
operate it for another season and the pool budget was not adequate to consider a heat-
pump system, it was decided to order a new gas furnace.
A report on matters discussed at the Plannin and Zonin Commission meeting on April 14
was given by Betsy Kasnick as follows: 1 It was the feeling of the Commission members
relative to future plans for the extension of Hitt-Hackman Road from 17th Street to
Sunnyside Road that an intersection at 25th Street is not necessary at this time, but
the City Council should have an opportunity to make comment on this matter; (2) a report
by Jim McNett on bike path plans indicated that a map for Idaho Falls is completed and
locations in Ammon, Iona, and Ucon are needed; (3) according to Jim Southwick, who is
also on the County Planning Commission, Ammon should have a "growth area map"; (4) the
new' County PUD ordinance was discussed briefly; (5) Chairman Robert Williamson attended
a public hearing held by the City of Idaho Falls in connection with the Urban Limits and
and Functional Classification System, as being proposed to the Idaho Transportation De-
partment, and he recommended changing collector streets from Avocet Drive to Midway
Avenue and from Owen Street to Rawson Street and adding one at Princess. Drive; (6) a