Council Minutes 09/16/1982
CITY OF AMMON
September 16, 1982
September 16, 1982
217
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City Clerk Deon Hemingway
Public Works Director Hayse L. Whiteley
Attorney W. Joe Anderson
Engineer David E. Benton
Planning Commission Chairman Jim McNett
Absent: Councilwoman Carol A. Dille
A~so present during the meeting were Stephen and Janice Duce, 2815 Ross Avenue, and
Mlchael Jepsen, insurance representative.
The pledge of allegiance to the flag was conducted by Councilman Swensen and prayer was
offered by Councilman Williamson.
Stephen and Janice Duce, 2815 Ross Avenue, were given time to discuss their inquiry about
whether or not a special use permit is needed for operating a State-licensed day care
center in their home located in an RPA Zone where businesses are not allowed. In response
to a question by Mayor Wehmann regarding getting State approval if the day care center is
to be in the basement of the house, Mrs. Duce indicated that she had already checked with
the State agency about this. When Mrs. Duce inquired if a special use permit was really
necessary considering that others are operating similar businesses in the neighborhood,
it was pointed out that the information which she submitted prior to the meeting men-
tioned the need to have one other person on the staff which makes the situation different
from the regular home occupation that restricts employees to family members and, also,
because of the expressed intention to build an addition on the house and use the basement
of the new area for the business, it is advisable to get the feelings of the surrounding
property owners through the public hearing process as required for a special use permit
before putting out money for building. In connection with home occupations existing in
violation of the zoning regulations with the City taking no action, Attorney Anderson
advised that it is not possible to gain a right against an ordinance by the City's failure
to enforce. It was recommended that an application for a special use permit be filed if
Mr. and Mrs. Duce want to go ahead with their plans and, depending on the necessary papers
being submitted in time to meet the legal advertising requirements, a public hearing on
this matter can be scheduled for the next meeting of the Planning and Zoning Commission
on October 12, 1982.
Minutes of the Regular Meeting of the Mayor and City Council:
The meeting was called to order at 7:35 P.M. by Mayor George Wehmann, with the following
City Officials present:
Mayor George Wehmann
Councilman Russell N. Swensen
Councilman Thayse D. Monson
Councilman Robert D. Williamson
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Discussion followed on an inquiry about a special use permit for placing a mobilehome in
an R-l Zone in the backyard of a residential lot on which there is an existing house.
(Tbe inquiry was made by Lisa Robinson and was concerned with property on Circle S Drive.)
The Council members agreed with Mayor Wehmann's observation that this could not be con-
sidered since a lot in an R-l Zone is for one single-family dwelling and a special use
permit cannot be used to get around the zoning.
Planning and Zoning Commission Chairman, Jim McNett, reviewed comments made by the
Commission members regarding a proposed ordinance to establish procedures for conducting
public hearings. He also asked Attorney Anderson a question about putting stipulations
on a zoning,as related to some requested zone changes on property on the north side of
17th Street, which the Attorney answered with an explanation that only those conditions
can be attached which are written into a development agreement.
OrdiBance No. 193, having the following title, was introduced:
AN ORDINANCE ESTABLISHING AND ADOPTING PROCEDURES FOR THE CONDUCT OF PUBLIC
HEARINGS BEFORE COMMISSIONS OR THE CITY COUNTIL OF THE CITY OF AMMON; PRO-
VIDING FOR REPEAL OF ALL ORDINANCES, RESOLUTIONS, RULES AND POLICIES IN
CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE THEREOF.
Councilman Williamson moved to dispense with the rule requiring the reading of the ordi-
nance on three different days and to place Ordinance No. 193 on its third and final
reading. The motion was seconded by Councilman Swensen; voting was Williamson yes,
Swensen yes, Monson yes; motion carried. Ordinance No. 193 was read by title and in full.
It was moved by Councilman Swensen and seconded by Councilman Monson that Ordinance
No. 193 be adopted as an ordinance of the City of Ammon on its third and final reading.
Voting on the motion was Swensen yes, Monson yes, Williamson yes; motion carried and
Ordinance No. 193 adopted.
Michael Jepsen, representing Fred A. Moreton Insurance, reviewed the City's present policy
for property and liability insurance. He pointed out that the coverage includes several
items to protect the City on lawsuits, such as civil rights, errors and omissions, libel,
and slander, and that elected officials, employees, volunteers, attorney, etc., are named
under this protection. According to Mr. Jepsen, the renewal date on the 3-year policy is
October 1, 1982, with the premium figured to be about 5% more than last year because of a
recommended increase in the coverage on buildings. The Mayor and Council agreed that the
City should continue with the same policy, and it was noted that cities in Idaho having
insurance with the company for which Fred A. Moreton Insurance is an agent participate in
a dividend program through the Association of Idaho Cities.
Mayor Wehmann explained that official action is necessary to put into effect the in-
creases in water and sewer rates on which the FY-198J budget is based. The following
resolution relative to fees for water service was presented for consideration:
RESOLUTION NO. 82-2
WHEREAS, THE CITY OF AMMON, Bonneville County, Idaho, has adopted, by
Ordinance, the provision requiring a monthly service charge to be paid. by any
user utilizing the city water system, wherein such person is a customer by
having a customer line connected to the city water main; and
WHEREAS, the City Ordinances of the City of Ammon provide that the water
rates to be charged to customers shall be established by resolution of the
Council and posted in the Clerk's Office and may be amended from time to time
by resolution; and
WHEREAS, the City Council has examined the rates now being charged and
have determined, and do hereby find, that such rates should be revised to
meet expenses of operation, bond service, maintenance, repairs and other
appropriate charges;
NOW THEREFORE, be it hereby resolved by the City Council of the City of
Ammon as follows:
Section 1.
That the water rates to be charged by the City of Ammon, for the monthly
service charges for water service from the City of Ammon water system to the
customers through the City water mains are hereby found to be reasonable in
the following amounts and are hereby fixed as follows:
a. Residential Users:
1) Single family dwelling
Each dwelling
Internal use
External use
2) Multi-dwelling units (including apartments
and condominiums)
Single apartment within single family dwelling
Internal use
External use
Duplex, each unit
Internal use
External use
Triplex, each unit
Internal use
External use
Fourplex, each unit
Internal use
External use
Five or more units within a complex, each unit
Internal use
External use
J) Trailer courts, each space
Internal use
External use
b. Commercial users:
1) Barber and beauty shops
Each basin
Minimum
Restaurants, including drive-ins
Construction service
Each building site
Rest homes, per patient
Internal use
External use
5) Schools
Per student based on enrollment on Sept. 20th
Internal use
External use
6) Churches, per congregation
Internal use
External use
7) Water consuming business conducted within
single dwelling units
Minimum*
Grocery stores
Minimum*
Other businesses not specified above
Minimum*
Metered
Businesses
Residential (to be set later)
September 16, 1982
218
2)
J)
4)
8)
9)
10)
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$ 8.50/mo.
l. OO/mo.
8.50/mo.
.OO/mo.
8.50/mo.
.50/mo.
8.50/mo.
. 35/mo .
I
8.50/mo.
. 25/mo .
8.50/mo.
.20/mo.
6.50/mo.
.20/mo.
4.00/mo.
8.50/mo.
22.50/mo.
7.50/mo.
l.25/mo.
. 25/mo .
.13/mo.
.05/mo.
I
8.50/mo.
l.OO/mo.
8.50/mo.
8.50/mo.
8.50/mo.
.50/1000 gal.
8. Charges for use of the City water system by users
outside the City limits shall be one-and-one-third
(1-1/3) times the above stated charges
f. A 5% discount will be afforded apartment, condominium,
and trailer-court complexes containing five (5) or more
units provided a single payment in full is made by the
10th day of the month following the month for which ser-
vice is being billed.
Section 2.
That a seasonal watering rate shall be charged for the months of May
through September, inclusive, and is hereby found to be reasonalbe in the
following amounts and are hereby fixed as follows:
a. Single family dwelling
b. Multi-dwelling units
Single apartment within single family dwelling
Duplex, each unit
Triplex, each unit
Fourplex, each unit
Five or more units within a complex, each unit
c. Trailer courts, each space
d. Churches, per congregation
Section 3.
That the water service charges shall be due and payable before the 10th
day of the month following the month for which service is received.
Section 4.
That the water rates as hereby fixed shall be in effect starting with
the October, 1982, billing.
Section 5.
That a copy of this resolution shall be posted in the Clerk's office
and subject to examination by any interested party.
It was moved by Councilman Williamson and seconded by Councilman Monson that Resolution
No. 82-2 be adopted. Voting on the motion was all in favor; motion carried. A resolution
regarding sewer rates was also considered for action as follows:
RESOLUTION NO. 82-3
WHEREAS, THE CITY OF AMMON, Bonneville County, Idaho, has adopted by
Ordinance, the provision requiring a monthly service charge to be paid by
any user utilizing the city sanitary sewer system, wherein such person is a
customer by having a customer line connected to the city sewer main; and
WHEREAS, the City Ordinances of the City of Ammon provide that the
sanitary sewer rates to be charged to customers shall be established by
resolution of the Council and posted in the Clerk's office and may be amended
from time to time by resolution; and
WHEREAS, the City Council has examined the rates now being charged and
have determined, and hereby find, that such rates should be revised to meet
expenses of operation, bond service, maintenance, repairs and other appropri-
ate charges;
NOW THEREFORE, be it hereby resolved by the City Council of the City
of Ammon as follows:
Section 1.
That the sewer rates to be charged by the City of Ammon, for the monthly
service charges for sanitary sewer service from the City of Ammon sewer system
to the customers through the City sewer mains are hereby found to be reasonable
in the following amounts and are hereby fixed as follows:
a. Each dwelling unit (including but not limited to single
family residences, house trailers, apartments, condo-
miniums, multi-plexes)
b. Each business unit, unless metered, shall pay at the
rate of 100% of the internal-use water rate or a
monthly minimum of $9.50, whichever amount is greater
c. Schools, per student based on enrollment on Sept. 20th
d. Advance service deposit
Credited to account after 12 months of good
paying record
e. Delinquency payments
Minimum payment to avoid termination of water
service (see Section 8-4-43 City Code)
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c. Advance service deposit
Credited to account after 12 months of good
paying record
d. Delinquency payments
Minimum payment to avoid termination of service
September 16,1982
21H
$15.00
Twice the regular
monthly charge
plus any unpaid
shut-off charges
$ 4.00/mo.
O.OO/mo.
2.00/mo.
l.OO/mo.
l.OO/mo.
l.OO/mo.
l.OO/mo.
4.00jmo.
$ 9.50/mo.
.16/mo.
15.00
Twice the regu-
lar monthly
charge
September 16, 1982
220
f. Charges for use of the City sanitary sewer system
by users outside of the city limits shall be one-
and-one-third (1-1/3) times the above stated charges
g. A 5% discount will be afforded apartment, condominium,
and trailercourt complexes containing five (5) or more
units provided a single payment in full is made by the
10th day of the month following the month for which
service is being billed
Section 2.
That the monthly sanitary sewer charge shall be due and payable before
the 10th day of the month following the month for which service is received.
Section 3. I
That the sewer rates as hereby fixed shall be in effect starting with
the October, 1982, billing.
Section 4.
That a copy of this resolution shall be posted in the Clerk's office and
subject to examination by any interested party. .
Councilman Swensen moved to adopt Resolution No. 82-3. The motion was seconded by
Councilman Monson; voting was all in favor; motion carried. The rates as approved will
be printed in the new payment books which will be sent out in October to all users of
City services.
In response to an inquiry by Mayor Wehmann about a challenge made by a resident in
connection with the City's procedure for collecting deposits, Attorney Anderson advised
that notices sent out regarding termination of water service for failure to pay a deposit
to establish an account with the City need to include wording about the customer's rights
under the due process of law.
As suggested by Mayor Wehmann, an assignment was accepted by Councilman Swensen and
Councilman Williamson to check and make a recommendation on an offer received from
V. Melvin Brown regarding 1.406 acres of land, located adjacent to City-owned property
north of 17th Street, which he would like to sell.
Public Works Director, Hayse Whiteley, informed the Mayor and Council about repair work
that needs to be done on one of the big shop doors and a project which the Water Super-
intendent is working on to make drawings on index cards showing the location of the
water service valves for all addresses in the City.
As explained by Mayor Wehmann, it was felt advisable to change the medical insurance for I
the City employees to $100 deductible because of a substantial increase in the premium
for the present $50 deductible. In acoordance with a decision which went into effect
several months ago, the employees will continue to pay 25% of the cost for medical and
dental insurance.
Claims to pay in the amount of $40,932.82 were presented by the City Clerk and were
approved along with vouchers totaling $12,410.52 paid for payroll and related expenses
since the previous meeting.
A motion to adjourn was made
voting was all in favor; the
by Councilman Swensen and seconded by Councilman
meeting adjourned at 9:45 P.M.
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