Council Minutes 05/07/1981
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CI TY OF AMMON
May 7, 1981
May 7, 1981
17R
Minutes of the Regular Meeting of the Mayor and City Council:
The meeting was called to order at 7:JO P.M. by Mayor George Wehmann with the following
City Officials present:
Mayor George Wehmann Clerk Deon Hemingway
Councilman Russell N. Swensen Public Works Director Hayse L. Whiteley
Councilman Thayle D. Monson Attorney W. Joe Anderson
Councilwoman Carol A. Dille Engineer David E. Benton
Councilman David Rowberry (arrived later) Planning Commission Chairman R. Williamson
The pledge of_allegiance to the flag was conducted by Councilman Monson and prayer was
offered by Councilman Swensen.
Others present during the meeting were Jim Meikle of Valley Bank and Jay Herring of
Benton Engineers.
Minutes of the meeting on April 16, 1981, were approved as prepared.
Mayor Wehmann explained that, inasmuch as the City officials have been approached by
representatives of Continental Hydro Corporation and have previously agreed to take ad-
vantage of a Federal law dating back to 1920 which gives cities the right to file on
power projects, the necessary notices of intent have been submitted to the Federal
Energy Regulatory Commission and contracts are being prepared which will, if approved
and the projects are developed without cost to the City, result in the sale of power
to public utility companies with the City getting a percentage share of the income
derived. This enterprise was felt to be desirable as an effort to help relieve the
property tax burden of City residents. In connection with this, a Memorandum Agreement
was presented for the consideration of the City Council. Councilman Sw'ensen moved to
authorize Mayor Wehmann to sign the agreement with Continental Hydro Corporation on
behalf of the City of Ammon in relation to Deadwood, Upper Deer, and Lower Deer hydro-
electric pow'er projects for the work to be done in the preparation and filing of pre-
liminary permit applications. The motion was seconded by Councilwoman Dille; voting was
unanimous in favor; motion carried. According to Mayor Wehmann, the notice of intent
has also been filed on the Ririe Dam.
Jim Meikle, President of Valley Bank, was given time to review plans for a bank on the
the northeast corner of 17th Street and Falcon Drive, and a sketch showing the various
details of the proposal was displayed. He mentioned that a temporary permit, for two
to three years at the most, will be requested from the City to allow' a mobile bank to
be placed on the property until a permanent building is built, and this arrangement was
determined to be satisfactory since the trailer unit is constructed for a business use.
In response to an inquiry by Mayor Wehmann about the location of curb cuts, which can
create a traffic problem on corner lots, it was pointed out on the drawing that entrance
and exit driveways are planned at a considerable distance from the street intersection.
The R-JA zoning on the property, which provides for professional offices, was discussed,
and Attorney Anderson rendered an opinion that a bank can be placed in an R-JA Zone.
Mr. Meikle was informed that a variance will be needed for a sign since the ordinance
limits the kind and size of signs that are allowed in that zone.
With reference to the development of the next portion of the condominium project in the
Monty Howell Addition, which would be across the street from Pheasant Estates and on
the east side of Falcon Drive, Jay Herring, representing the owners, noted that the
change to single-level units had been approved by the City Planning Commission and the
City Council in September of 1979, and the plan was now being re-submitted to clarify
some conditional use requirements necessary to follow the approved plan. He pointed
out several locations on the layout drawings which do not agree with the regulations
in the City's dwelling group (planned) ordinance in relation to distance between
buildings. Mayor Wehmann expressed satisfaction at having these items brought to the
attention of the Council and asked that the matter be presented to the Planning and
Zoning Commission for a recommendation. Mr. Herring explained that the first phase of
construction might be started this ~all, and all details need to be resolved before
financing arrangemen ts can be made wi th HUD.
A proposed subdivision designated as Sand Creek Estates, located immediately south of
1st Street, east of Sand Creek, and west of the TieBreaker Addition to the City of
Ammon, was discussed. It was noted that a public hearing on the request for annexation
into the City of Idaho Falls is scheduled before the Idaho Falls City Council on May 21
(postponed to May 26) and that Idaho Falls Mayor Tom Campbell has invited comments in
writing from the City of Ammon. Council members indicated agreement with Mayor Wehmann's
statement of concern about the proposal of annexation without platting, which does not
allow a determination of compatibility with adjoining City of Ammon subdivisions. It
was moved by Councilman Swensen and seconded by Councilwoman Dille that Mayor Wehmann
be authorized to draft a letter on behalf of the City of Ammon, with the help of Bob
Williamson of the Planning and Zoning Commission, in connection with opposing the
annexation of Sand Creek Estates by the City of Idaho Falls until the following items
are resolved: drainage plans, street layouts, utility services. Voting was unanimous
in favor; motion carried. Mr. Williamson was asked to represent the City of Ammon at
the public hearing in Idaho Falls.
May 7, 1981
174
The following resolution was presented for consideration:
RE: JOINT REGISTRATION, Idaho Code, Section 50-476
WHEREAS, it is deemed to be in the best interest of the City of Ammon to
JOl.n with the County of Bonneville in the formation of a Joint Registration
Voter's Roll, pursuant to the provisions of Section 50-476, Idaho Code, and
WHEREAS, the Board of Commissioners of Bonneville County has, by resolu-
tion dated the 20th day of April, 1981, elected to accept the petition of the
City of Ammon to join with the County in the formation of such a Joint Regis-
tration Voter's Roll, and
WHEREAS, Bonneville County has presented a proposal, with options available,
to provide registration and other election services and supplies,
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY
OF AMMON:
That the City of Ammon agrees to conform its practices for registration
of qualified electors to those contained in Title J4 of the Idaho Code, and
the City shall hereafter conform its practices in such a way that registration
for general elections, as the term is defined in Title J4 of the Idaho Code,
shall be sufficient registration for City of Ammon elections forthwith.
That in City elections Bonneville County shall be responsible for the
following:
(1) All procedures relating to registration of qualified electors,
(2) Providing polling booths and ballot cans at no charge,
(J) Other election services and supplies as requested by the City
of Ammon as far as such procedures are permitted by the pro-
visions of Chapter 4, Title 50, Idaho Code.
That the City of Ammon shall reimburse the County for all its actual ex-
penditures in furnishing supplies and services for registration and election
procedures at cost or on a basis to be determined by agreement.
Councilman Rowberry moved to accept the resolution; the motion was seconded by Council-
man Swensen; voting was all in favor; motion carried. A copy of the resolution is to be
delivered to the County Commissioners, and Mayor Wehmenn and the City Clerk will meet
with the County election officials to work out details under the agreement.
A letter submitted by Stewart Roberts of Sand Creek Enterprises was explained by Mayor
Wehmann as being a request for a determination by the Council regarding zoning in
connection with contemplating the construction of a 4-unit motion-picture theater
south of the existing businesses in Eastgate Shopping Center. It was moved by Council-
man Swensen and seconded by Councilman Monson to make a determination that the intent
of the RSC-l Zone is to include theaters. Voting was Swensen yes, Monson yes, Row-
berry yes, Dille abstained (due to having an ownership interest in a commercial build-
ing in the Eastgate area); motion carried. Council members were informed by Mayor
Wehmann that Sand Creek Enterprises also has plans to promote a "swap meet" on Saturdays
during the summer on the vacant property in the RSC-l Zone along Eastgate Drive, and a
feeling of no problem with this temporary use was expressed.
Mayor Wehmann mentioned that the usual yard-watering regulations were put into effect
on May 1 by proclamation, which included notice of the summer watering fee as provided
for in the budget, and that a motion to make the summer charge official was in order.
Councilwoman Dille moved to adopt the seasonal watering 'fee as identified in the pro-
clamation (single family, $20 per unit; duplex, $10 per unit; apartments, condominiums,
mobile homes in trailer parks, $5 per unit; churches, $20 per congragation; such fee
being payable in a lump sum in Mayor five equal payments starting with the May payment).
The motion was seconded by Councilman Monson; voting was all in favor; motion carried.
Following a discussion of how much the fine should be for watering violations, it was
moved by Counqilwoman Dille and seconded by Councilman Rowberry that the fine (bond) for
violating the watering regulations should be set at $10.00; voting was all in favor;
motion carried.
Ordinance No. 187, as revised after the first reading on April 2, 1981, was introduced
for action. It was moved by Councilwoman Dille and seconded by Councilman Rowberry
to dispense with the rule requiring the reading of Ordinance No. 187, as amended, on
three different days and to place the ordinance on the third and final reading; voting
was all in favor; motion carried. Ordinance No. 187 was read by title as follows and
in full:
AN ORDINANCE AMENDING SECTIONS 4-J-J2 AND 4-J-JJ eFTHE 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.
Councilwoman Dille moved to adopt Ordinance No. 187 on the third and final reading; the
motion was seconded by Councilman Swensen; voting was all in favor; motion carried.
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May 7, 1981
175
A proposed change in the employee health insurance was discussed and found to be
acceptable. It was moved by Councilman Rowberry and seconded by Councilman Swensen
that dental coverage be added to the existing health insurance, with the City paying
75% of the combined premiums for health and dental and the employee paying 25% through
payroll deduction. Voting was all in favor; motion carried unanimously.
Mayor Wehmann reminded the Council members that the annual Association of Idaho Cities
Conference will be held in Boise June 18-20. He referred to a pending court case re-
garding a citation issued to Joyce Stewart of 1805 Avocet Drive written in response to
a complaint by Melvin Davis of 1810 Avocet Drive about the Stewart dogs disturbing the
peace, and the Mayor asked Attorney Anderson to write to Mr. Davis in connection with
the responsibility for Attorney fees. A letter from the State Department of
Parks pointing out that there is still $63,300 in the grant funds for park improvements
was brought to the attention of the Council by Mayor Wehmann, and he noted that an appli-
, cation for another extension will be sent in soon. Commenting on the existence of
several home occupations in zones where such activities are not allowed, Mayor Wehmann
stated that,if any complaints come in,in writing, action will have to be taken.
According to Councilman Swensen, a resident has expressed concern about the s~ety of
the ditches in the original townsite and was told that each property owner is free to
cover the ditch as long as the City standards for size of pipe are followed. He indi-
cated that he would present covering the ditches as a project for the Resource Conserva-
tion and Development Association. Councilman Swensen asked for the feelings of the
Council regarding issuing permanent parking permits to Earl W. McCoy of 1985 Curlew
Drive for a church meeting held in his home on Sunday mornings, and it was agreed that
the permits could be for three months with the right to review. It was reported by
Councilman Swensen that the Mayor of Idaho Falls asked him to serve on a Solid Waste
Committee along with representatives of the City of Idaho Falls and Bonneville County,
and he would have more information on that in the future.
Councilman Row"berry referred to a letter from Sid Beattie of 1910 Avocet Drive com-
plaining about problems in the neighborhood such as speeding, dogs, cats, trash, etc.,
and suggestions were made for advising the resident of what action can be taken by him
and the City. A bid for weed control which was brought in without being requested was
reviewed, and it was decided that the County should be contacted about spraying for
weeds in the parks. Councilman Rowberry reported that he had talked to Donna Horne of
1910 Falcon Drive about the items mentioned in her letter to the City several weeks ago.
Councilw"oman Dille mentioned the County Library Board election which is coming up
on May 19 and the advisory vote which will be taken at the same time regarding a proposal
to assess a household tax for funding use of the Idaho Falls Library by County residents.
Hayse Whiteley, Public Works Director, reported on work being done at the pool to get
ready for the season, repair of City vehicles, the need for a jack hammer for use with
the surplus air compressor which was purchased recently, anticipation of a building
permit for an addition at Hillview School, repair of a waterline break in front of
the Gene Birch residence on Central Avenue, etc.
Attorney Anderson noted that he had written a letter to Union Pacific Railroad as re-
quested by Mayor Wehmann in a previous meeting.
Claims in the amount of $11,987.06 were presented by the City Clerk and were approved
for payment.
It was moved by Councilman Swensen and seconded by Councilwoman Dille that the meeting
adjourn; voting was all in favor; meeting adjourned at 10:10 P.M.
ATTEST:
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