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Council Minutes 09/03/1981 I ~ (.D r'- o <( c:[ I I September J, 1981 CITY OF AMMON September J, 1981 183 Minutes of Public Hearing and the Regular Meeting of the Mayor and City Council: The meeting was called to order at 7:00 P.M. by Mayor George Wehmann with the following Ci ty Officials present: Mayor George Wehmann Deputy City Clerk Aleen C. Jensen Councilman Russell N. Swensen Attqrney W. Joe Anderson Councilman David Rowberry Public Works Director Hayse L. Whiteley Councilman Thayle D. Monson Engineer David E. Benton Councilwoman Carol A. Dille(arrived 9P.M)Planning Commission Chairman Robert Williamson Others present during the meeting were Boy Scout Gregory Johnson, Robert and Kathy Dansie of 575 Matchpoint, G. C. Rich of 395 Racquet Place, A. D. Watkins of 330 Tie Breaker Dr., Steven and Regina Finn of 635 Matchpoint Dr., Denise Heaton (and 2 children) of 355 Tie Breaker Dr. The pledge of allegiance to the flag was conducted by Councilman Swensen and prayer was offered by Mayor Wehmann. The meeting was opened as a public hearing on the $29,800 Reve~ue Sharing budget for Fiscal Year 1982 which had been advertised in the official newpaper on August 26 and September 1, 1981. There being no citizens present to~make comment, the hearing was closed, and the meeting proceeded as the hearing for the total bUdget_Of $554,lJl for the 1982 Fiscal Year, for which notice had also been properly advertised. Mayor Wehmann pointed out that the proposed budget provides for all Revenue Sharing funds to be used for capital improvements, for city employees to receive an eight percent cost-of-living raise in October, and for water service fees to include an extra summer watering charge the same as during 1980 and 1981. He noted that the regular water service rates will remain the same unless power rates are increased five percent or more, and that it will be necessary to raise the sewer ratfslffective January, 1982, with the exact amount to be determined when the City of Idah~~ompletes an annual audit of costs. Comments were made that this is the first raise in sewer rates since the installation of the sewer in 1975, that the City of Ammon is appreciative to the City of Idaho Falls for efforts to keep sewer rates low, and that the budget is tight with no funds for seal-coating of roads for the sixth year straight. After Gregory Johnson, a Boy Scout, was welcomed as the orily citizen interested in the budget hearings, Mayor Wehmann declared the public hearing closed. ~t the beginning of the regular meeting, Mayor Wehmann made reference to the opportunity which the City has to participate in a liability insurance loss-ratio program through the Association of Idaho Cities and stated that, in view of additional information re- ceived since a decision was made on this matter at the March 19th meeting, he would recommend that the Oity take advantage of this, but no action was taken since Council- woman Dille expressed a desire to check on the matter further. After noting that the Planning and Zoning Commission had no problem with the changes recommended by the City Council, a time for the public hearing on the Comprehensive Plan was set for 7:30 P.M. on October 15, 1981. A request by the Bonneville Seminary to use the tennis courts at McCowin Park for games and dancing on September 16th from 6:00 to 9:00 P.M. was considered, and the Council authorized this activity. A delegation of seven citizens from Tie Breaker Addition presented a petition signed by 35 residents asking the City to burn the weeds on the vacant area in the subdivision for the following reasons: "1. At least two cases of head lice have been reported on children who have been playing in the weeds. 2. The fire hazard now present because of the dry~ ness of the weeds. 3. The extreme danger to 'the safety of our children due to the limited visibility to cars coming around the corners." They further petitioned for speed limit signs to be placed at each entrance to the addition. During the discussion which followed, it was pointed out that the property belongs to Russ Wallace of Salt Lake City, that Mr. Wallace was given notice and had a fire break made but did not come back to take more satisfactory action, that a number of residents have firewood stored on the vacant lots, that watering out away from the occupied yards might be helpful, and that the City officials feel a responsibility to work with the citizens to arrive at a solution but' must have legal authorization before going on private property. Mayor Wehmann indicated that burning cannot be approved due to the extreme fire danger that exists because of the dry weather, and other ways of solving the problem were mentioned. Attorney Anderson' advised that the property can be declared an immediate hazard for health and safety reasons in order to abate the nuisance. Councilman Rowberry moved to declare the vacant lots in Tie Breaker Addition a source of immediate danger thereby authorizing the City to take action necessary to alleviate the danger. Councilman Swensen seconded the motion; voting was unanimous in favor; motion carried. It was decided that the City would make arrangements to have the weeds cut down with its flail mower on a strip of at least 20 feet wide, with the residents to help by marking the location of buried utility equipment with stakes, etc.; also two 25-mile speed limit signs will be installed as requested. Mayor Wehmann commented that this plan of action should provide the Tie Breaker residents September 3, 1981 184 with a very reasonable protection, and he indicated that he would try to contact Mr. Wallace for permission to go on the property. An application fora variance submitted by Mark Andrews, 3070 Ross Avenue, was reviewed and found to be in order, with the necessary signature of the adjacent property owner having been obtained. It was determined that the request to build a rigid awning to cover a stairwell, which would come to four feet from the side property line, was within good reason and that the neighbor has no objection. It was moved by Councilman Row- berry and seconded by Councilman Swensen that a variance be granted to Mark Andrews of 3070 Ross Avenue as requested. Voting was Monson yes, Swensen yes, Rowberry yes, (Dille absent), motion carried. Ordinance No. 188 was introduced as the Appropriation Ordinance for Fiscal Year 1982, having the following title: AN ORDINANCE PROVIDING FDR THE ANNUAL APPROPRIATION FDR THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO; FDR THE APPROPRIATION OF THE SEVERAL FUNDS AND THE PURroSE FDR WHICH APPROPRIATED DURING THE FISCAL YEAR 1982 COMMENCING OCTOBER 1, 1981, ANn. ENDING SEPTEMBER 30, 1982, AND PROVIDING FDR THE AMOUNT APPROPRIATED FOR SUCH FUNDS." Councilman Swensen moved to place Ordinance No. 188 on its first reading. The motion was seconded by Councilman Rowberry; voting was all in favor; motion carried. Ordinance No. 188 was read in full. Councilman Swensen moved to approve the first reading of Ordinance No. 188. Councilman Monson seconded the motion; roll call vote was Monson yes, Swensen yes, Rowberry yes, (Dille absent), motion carried. It was moved by Councilman Rowberry and seconded by Councilman Swensen that November 3, 1981, be proclaimed as the date for the General City Election for the purpose of electing two City Council members for four year terms; voting was all in favor; motion carried. Councilman Swensen moved that Aleen Jensen and Regina Borg be named as Deputy Registrars for the forthcoming election on November 3, 1981. The motion was seconded by Councilman Monson; voting was unanimous in favor; motion carried. It was noted that the election will be conducted for the first time under the terms of the City-County cooperative agreement. Items mentioned by City Council members included efforts to get a zip code for Ammon, mowing weeds along city right-of-ways, and planning for playground equipment in the parks. Attorney Anderson reported that information is being prepared to be presented at the Utah Power & Light Company surcharge case which he and the Mayor will be attending in Pocatello on September 8, and Mayor Wehmann mentioned that a copy of the move-in and move-out logs for 1978, 1979, and 1980, which have been assembled, should be good argument material. Ordinance No. 189, having the following title, was introduced and read in full: AN ORDINANCE AMENDING ORDINANCE NO. 186 OF THE ORDINANCES OF THE CITY OF AMMON, TO PROVIDE THAT THE CITY COUNCIL, BY RESOLUTION, FROM TIME TO TIME, MAY SET THE LICENSE FEE FOR THE REI'AIL SALE OF WINE, WITHIN THE CITY OF AMMON AND PRO VIDING FDR AN EFFECTIVE DATE. Councilman Rowberry moved that the City Qouncil waive the first and second readings and place Ordinance No. 189 on its third and final reading by title only. The motion was seconded by Councilman Swensen; roll call vote was Monson yes, Swensen yes, Rowberry yes, (Dille absent), motion carried. Ordinance No. 189 was read by title only. Councilman Swensen moved to adopt Ordinance No. 189 as an ordinance of the City of Ammon on its third and final reading. The motion was seconded by Councilman Rowberry; voting was Monson yes, Swensen yes, Rowberry yes, (Dille absent), motion carried. Ordinance No. 190, having the following title, was introduced .and read in full: AN ORDINANCE AMENDING SECTION 5-3-4.5 OF THE CODIFIED ORDINANCES OF THE CITY OF AMMON TO PROVIDE THAT THE LICENSE FOR THE SALE OF RETAIL BEER MAY BE ESTABLISHED BY RESOLUTION OF THE CITY COUNCIL, WITHIN THE LIMITS AS PROVIDED BY THE STATUTES OF THE STATE OF IDAHO AND PROVIDING FDR A1i EFFECTIVE DATE. Councilman Rowberry moved that the City Council waive the first and seconQ readihgs and place Ordinance No. 190 on its third and final reading by title only. The motion was seconded by Councilman Swensen; roll call voting was Monson yes, Swensen yes, Rowberry yes, (Dille absent); motion carried. Ordinance :t(o~ 1.~Q;..was.r:eaa::~~:t.it;le' b.ltl:i'l. " It was moved by Councilman Swensen and seconded by Councilman Rowberry that Ordinance No. 190 be adopted as an ordinance of the City of Ammon on its third and final reading; voting was Monson yes, Swensen yes, Rowberry yes, (Dille absent), motion carried. It was noted that resolutions in connection with these ordinances will be ready for action at a later meeting. In response to an inquiry directed to the City Attorney regarding the requirement of the law concerning depositing the City funds n?w that the first bank in Ammon is open for business, Attorney Anderson presented a letter of opinion which advised that "... Based upon the statutes therefor, I am of the opinion that the bank or depository, which is located within the depositing unit, if they have complied with the provisions of making an application and then filing the affidavit, as required, are entitled to the deposit I I I September 3, 198m September 17, 1981 185 I of public funds." Consequently, it was recommended that the funds be divided between the Bank of Commerce, which has served the City well, and the new Ammon Office of the Valley Bank. Hayse Whiteley, Public Works Director, informed the Mayor and Council on matters pertain- ing to fire truck response, fire breaks in dry weed areas, repair of the irrigation ditch culvert at Central Avenue and Rawson Street, and ditch problems in the vicinity of the Ammon School. He reported that three big tires were obtained recently from Carl Gray Tire Company and have been placed in the playground area of Peterson Park. Mr. Whiteley commented that he had an estimate on pulling the pump at Well #4, and Mayor Wehmann re- quested that an estimate on the value of the pump be obtained also. Progress on the plans to clear and fence the City's right-of-way access from Dal Avenue to Peterson Park were reviewed, and it was noted that the neighboring property owners had been advised by certified mail that the fencing project is to begip the week of September 21. The subject of sediment basins which are to be built at Ammon Produce was also mentioned. ~ CD I'- o <C <( Claims in the amount of $20,493.87, includihg the payment of $10,256.01 to Bonneville County on the 17th Street project, were presented and approved for payment. Mayor Wehmann proposed to deduct $1,550.25 which the County owes the City on magistrate court fines from the payment due on 17th Street, and Attorney Anderson advised that this could be done. Regarding the applications for permits on four hydroelectric projects which have been filed with the Federal Energy Regulatory Commission, it was announced that one permit has been granted and, after the state law is checked and notice is received on the other applications, the City will be calling for proposals on design, construction, etc. It was moved by Councilman Swensen and seconded by Councilmanffiowberry that the meeting adjourn; voting was all in favor; meeting adjourned. (Minutes taken by Deputy City Clerk, Aleen Jense~) . AT~ST, ~~ ~ Mi.;~ff:rc7Y/ CfTY CLERl<:. . '- r,. . /" / r/.;~^ I'i- . /J7 za )7:rl CITY OF AMMON September 17, 1981 I I Minutes of the Regular Meeting of the Mayor and City Council: The meeting was called to order at 7:30 P.M. by Acting Mayor Russell N. Swensen with the following City Officials present: Councilman Russell N. Swensen Councilwoman Carol A. Dille Councilman Thayle D. Monson Councilman David Rowberry Absent: Mayor George Wehmann (out of town) Also present during the meeting was Charlene Ravenscraft of 2280 Bittern Dr. The pledge of allegiance to the flag was conducted by Councilwoman Dille and prayer was offered by Couhcilman Monson. Consideration was given to an application for variance filed by W. A. Ravenscraft, 2280 Bittern Dr., to be allowed to build a garage with 5 feet of sideyard instead of 7t feet as required in the R-l Zone. It was determined that the approving signature of the adjacent property owner had been obtained as required. Councilwoman Dille moved to grant a variance of 2t feet to W.A. Ravenscraft, 2280 Bittern Dr., to build a garage within 5 feet of the property line as shown on the application. The motion was seconded by Councilman Rowberry; voting was Dille yes~ Rowberry yes, Monson yes, Swensen yes; motion carried and variance granted. Ordinance No. 188, known as the Appropriation Ordinance for Fiscal Year 1982, was brought up for action, and it was noted that the first reading of the ordinance had been approved at the previous meeting. Councilman Rowberry moved to waiv~ the second reading of Ordi- nance No. 188 and place it on its third and final reading. The motion was seconded by Councilman Monson; voting was all in favor; motion carried. Ordinance No. 188 was read in full. Councilwoman Dille moved to adopt Ordinance No. 188 as an ordinance of the City of Ammon. Councilman Monson seconded the motion; voting was Dille yes, Monson yes, Row- berry yes, Swensen yes; motion carried and Ordinance No. 188 adopted. In response to information provided by the Ci.ty Clerk, it was moved by Councilman Rowberry and seconded by Councilwoman Dille that Ammon Elementary School be designated as the polling place for the General City Election on November 3, 1981; voting was all in favor; motion carried. City Clerk Deon Hemingway Public Works Director Hayse L. Whiteley In a report on taking care of the weed problem in Tie Breaker Addition as planned at the previous meeting, Councilman Swensen indicated that the work with the flail mower had helped but was difficult to do because of all the materials and holes left on the vacant lots by the developer, and the City blade will be taken to the location in an effort to make a better fire break.