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Council Minutes 12/17/1975 I o 00 t-. CQ t:t.J ~ I I 151 Council members were reminded to attend a meeting in Rexburg on Dec. 9, 1975, regarding setting up. the East Central Idaho Development District. The newly elected officials were also invited to go to this meeting. , A report by Councilman Swensen indicated that, as a result of a meeting of the Flood Control Committee called by the County Civil Defense Director, the water will be shut off in Sand Creek and Willow Creek for the remainder of the winter months. This action was prompted by the heavy. snowfall and quick thaw that occurred last weekend. In response to a comment by Mayor -elect George Weh- mann that he was at the meeting but could not determine under what authority the Flood Control Committee operates, Mayor Turnbow explained that the Civil Defense Director (and the committee) are given authority under the Federal Emergency Act. The city-sponsored basketball progr.am will start this Saturday with Scott Maeser in charge, according to Councilman Cheney, with the pay for the manager and referees to be the same as last year ($2.00 per hour for manager and $1. 50 per hour for referees). The cost for using the Ammon School gymn~sium should be about the same as last year also. A fee of $4. 00 will be charged for each parti- cipant, and the registration information will go out through the school. The Council was asked to set a fee schedule for posting bond on citations iss~ed for parking in the street or on the sidewalk where posted for "No Park- ing". It was recommended that the Clerk check with the City of Idaho Falls and use the same amounts as are charged there. (This was found to be $2.00 per violation if paid within 15 days, with a penalty added according to the number of days of delinquency. ) Claims were approved for payment. The meeting was adjourned at 11:00 P. M. LYz::. . CLERK . ~ ~-(PcY-~ 'MA OR CITY OF AMMON December 17, 1975 Minutes of the Regular Meeting of the Mayor and City Council: The meeting was called to order at 7 :40 P. M. by Mayor Keith C. Turnbow, with the following City Officials present: Mayor Keith C. Turnbow Councilman Russell N. Swensen Councilman Brent Hirschi Councilman Gerald B. Cheney Mayor-elect George Wehmann Councilwoman-elect Carol A. Dille Absent: Councilman Marvin J. Anderson Clerk Dean Hemingway Attorney W. Joe Anderson Engineer David E. Benton Planning Commission Secretary Elaine McGary (out-of -town) Minutes of the meeting of December 3, 1975, were approved as typed later In the meeting. The meeting was opened as a Public Hearing on several zoning matters. Interested citizens present were: Hazen Olsen, Ray Butler, Jesse H. Crow, Reuben Waters, Farrell Adamson, Lee Dille, Craig L. Mowrey, and an out-of-town visitor Harlin Summers. Representing property owners and developers were: Steve Loveland, Richard Skidmore, Garth Cunningham, Rance Bare, and Attorney Franklin Smith. The first matter of business was a zone change from R-l to R-2 on Lots 5 and: 6, Block 7, Original Townsite, as requested by developer Harold Loveland. It was explained that the request was made with the intention of adding on to the existing duplexes in that location on Owen Street (which is considered to be a reasonable way to utilize the narrow strlP of adjoining land), and would allow 2, 3, and 4 family dwellings in the future. Determination was made that Mr. Loveland is the owner of the east one-half of the two lots, and that Reuben Waters who owns the 152 west one -half of the lots is in favor of the proposed change also. A plat of the Origin~l Townsite was displayed to clarify the situation. There being no objections voiced to the .zone change, Councilman Cheney moved to adopt a resolution to change Lots 5 and 6, Block 7, Original Townsite, from R-l to R-~ as recommended by the Planning and Zoning Commission in the October meeting, and to amend the Ammon Zoning Map accordingly. The motion was seconded by Councilman Swensen; voting was Cheney, yes; Hirschi, yes; Swensen, yes; motion carried and resolution adopted. (Resolution to be prepa,red by Attorney,Anderson). The Public Hearing was next opened to discussion on the initial zoning for the proposed Randalyn Addition (which is to be located south of Sunnyside Road and west of Ammon-Lincoln Road) with zoning requests being as follows: R-l on Lots 6 through 14, Block 1, and Lot 7 Block 3; R-3 on Lots 3, 4, and 5 Block 1, Lots 2 through 12 Block 2, Lots 2 through 6 Block 3; and R-3A on Lot 2 Block 1, Lots 1, 13, and 14 Block 2 and Lot 1 Block 3. It was noted that an interested developer has requested the R-3 and R-3A zoning, and is making tentative plans to construct multi-family rental units there. Mayor Turnbow read letters from the Farmers Home Administration and the Bonneville Council of Govern- ments which stres sed the need for this type of ,housing to be made available especially to retired people on fixed incomes, but also to others on a non- discrimination basis. Rance Bare, representing the engineering firm employed by the interested developer (Security Construction €orp. ) displayed the preliminary plat of the proposed Randalyn Addition, plot plans and architect's drawings of the proposed 8-plex buildings, and photographs of similar units now existing in Blackfoot. He explained that each unit will have an off-street parking area, and that the developer plans to have curb and gutter and storm drainage throughout the entire subdivision even though the lot sizes exceed that which would eliminate the curb-and -gutter requirement. Mr. Adamson commented on the bUFden on roads and schools which the project might have. Lee Dille and ElaireMcGary expressed concern about locating apartments for elderly people in the particular 'location, but explanation was made that the preference will not be necessarily for the older people but for any age of retired persons. Further discussion indicated no serious opposition to the requested zoning. Councilman Hirschi moved to adopt a resolution to accept the proposal to annex the Randalyn Addition to the City of Ammon, to make the initial zoning as indicated, to accept the preliminary plot plan as presented (all as recommended by the Planning and Zoning 'Commission), and to place the Randalyn Addition Annexation Ordinance No. 133 on its first reading. The motion was seconded by Councilman Swensen; voting was Hirschi, yes; Swensen, Yes; Cheney, yes; J.TIotimcarri ed. Attorney Anderson read Ordinanc;e No. 133 in full. Councilman Swensen moved to wai.ve the three separate readings of Ordinance No. 133 and to place it on its third and final reading by title only. The motion was seconded by Councilman Cheney; voting was all in favor; motion carried. Ordinance No. 133 was read by title only. Councilman Swensen moved that Ordinance No. 133 be pass.ed on its third and final reading. The motion was seconded by Councilman Hirschi; voting was all in favor; motion carried; Ordinance No. 133 adopted. R. W. Bauchman, of Upper Valley Telecable Company, and Attorney Fred J. Hahn appeared to request an amendment to Ordinance No. 91, Section 15, Pa.ll'a- graph 6, to authorize said company to engage in what is commonly known as pay television to the extent allowed by the rules and regulations of the Federal Communications Commission. It was felt that official action on this matter should wait until the new administration is in office. City Attorney Anderson advised .that it would be proper to authorize the introduction of such an amendment at this time so that the neces sary publication time as required by law can be taken care of. Councilman. Swensen moved to adopt a resolution to authorize the introduction of a proposed amendment to the cable television franchise ordinance (No. 91) and to have the papers prepared for action at the regular meeting of the Mayor and City Council at the Amr'non City Building, 7:30 P. M., February 4$ 1976. The motion was seconded by Councilman Cheney; voting was all in favor; motion carried. (Resolution to be prepared by Attorney Anderson. ) Time was given to hearing comments on the proposed amendment to the Zoning Ordinance, Section 11-19-2:5, which would have the effect of not allowing trailer courts in commercial zones, as recommended by unanimous vote of the I I I I o 00 l'- ~ t:l;J CJ:J I I 153 Planning and Zoning Commission. Explanation was made that the need to have this amendment was brought to the attention of the City as a matter of being consistent with the code of the City of Idaho Falls since a Residential Mobile Home Zone is already provided for, and to eliminate the possibility of a trailer court being developed in the portion of the Maiben Jones Addition which is zoned commercial. No opposition to the proposal was made known. The Zoning Amendment Ordinance No. 134 was read by Attorney Anderson. Council- man Hirschi moved to waive the three separate readings of Ordinance No. 134 to amend Section 11-19-2:5 of the Zoning Ordinance and to pass Ordinance No. 134 on its third and final reading by title only. The motion was seconded by Council- man Swensen; voting was all in favor; motion carried. I Attorney Anderson reported that letters had been sent by registered mail to property owners who have not yet connected their homes to the sewer, and that a response to the City Clerk was requested. The written response from three of those involved were read and filed for further action, and it was noted that there are still a few days before the ten-day time limit is up on this matter. Regarding the City-Roland Romrell Easement Agreement, Attorney Anderson in- dicated that the deed is being prepared for signature. He pointed out that action can now be taken on a matter for which a deed is ready for signature which will vacate a portion of dedicated alley on Rose Dale Lane. between Rawson Street and Owen Street to Paul Curtis and Blaine Rhodes and dedicate some land from these same property owners to the City for a culdesac in that location. He explained that this matter of vacating and dedicating land would have to be taken care of by ordinance, and a suggestion was made that the same ordinance include a similar vacating and dedicating of land for an extension of Meadow Lane between Rawson Street and Owen Street where a culdesac is also desirable. Ordinance No. 135 was adopted for this purpose with the motion to waive the three separate readings and adopt Ordinance No. 135, vacating a portion of dedicated alleyways on Rose Dale Lane and Meadow Lane, being made by Councilman Cheney and seconded by Councilman Hirschi. The voting was all in favor; motion carried. According to Engineer Benton, the representative of the Environmental Protec- tion Agency who made a final inspection of the sewer and water project last week gave notice that the City's sewer ordinance must be amended to show how the sewer charge was' arrived at, to make sure that what is being charged properly reflects what the operation and maintenance costs are both inside and outside the City, before the remainder of the EPA grant funds can be released. Also a section pertaining to industrial users should be added, but this can be done later since Ammon does not have any industry at this time. He noted that up to 95% of the money can be paid upon receipt of a letter giving satisfactory details of how the ordinance is being changed. " In response to an inquiry by Mayor-elect Wehmann, Engineer Benton indi-cated that'a draft of the required changes in the ordinance can be ready for the meeting of January 7, 1976. Regarding City water and sewer services for the new L. D. S. Church to be built on Sunnyside Road east of the railroad tracks, Mayor Turnbow suggested that the City write a letter to show the Church Building officials in Salt Lake City that the water and sewer services of the City system can be made available, at the developer's expense, even ths"ough the construction is to be outside the City. He read a proposed wording of the letter, and the Council members indicated .approval of this suggestion. Engineer Benton offered a reminder that a check must be made with the appropriate officials of the City of Idaho Falls before any definite arrangements are made to extend the sewer and water lines beyond the railroad tracks on the east. Councilman C:::wensen reported on the meeting held on December 9, 1975, in Rexburg, for the purpose of organizing the nine counties in East Idaho into the East r.entral Idaho Economic Development District, with the intention of working together to obtain Federal funds, etc. The plans are to provide operating money for the organization by each county and city contributing an amount on a per capita basis plus $500 per county. Regarding the agreement with Bonneville County on law enforcement for 1976, Councilman Swensen reported that Sheriff Skinner has been out of town, but he had 1'54 natified Chief Deputy England that the City af Amman wauld accept the prapasal as given and that a letter af acceptance wau,ld be farthcaming. He mentianed that a capy af the resalutian an parking in the streets,' alang with a newsletter with the map shawing where enfarcement is to. be dane, were sent the sheriff's affice. Cauncilman Hirschi inquired abaut whether any cantact has been made with Utah Pawer & Light Campany abaut getting the street lights replaced. Mayar Turnbaw explained that the pawer campany has prarnised to. get at the needs af Amman as saan as pas sible, including replacing af the lights an 17th Street, but there is a pro.blem due to. the heavy wark laad at this time af year! Mayar-elect Wehmann mentianed matters which have been braught to. his attentian I as fallaws: The City baaks are to. be ready far audit by January 6, 1976; the sewer metering statian needs to. be ape rating and a calibratian taken sa an adjustment can be made an the payments being requested by the City af Idaho. Falls; and the as -built drawings af the sewer system are requested to. be ready fram the City Engineer's affice by January 7, 1976. Claims were appraved far payment. The meeting adjaurned at 11:30 P. M. ~/-6C\7~ MA OR " L_ .. -. cLB'RiC---- ~ CITY OF AMMON January 7, 1976 Minutes af meeting af aut-gaing Mayar and City Cauncil far the purpase af cam- pleting matters af unfinished business befare turning the affairs af the City to. the new Mayar and Co.uncil: The meeting was called to. o.rder at 7:48 P. M. by aut-gaing Mayar Keith C. Turnbaw with the fallawing City Officials present: Mayar Keith C. Turnbaw Clerk Dean Hemingway Cauncilman Russell N. Swensen Attarney W. Jae Andersan CauncilmanMarvin J. Andersan Engineer David E. Bentan Cauncilman Gerald B. Cheney Cauncilm.an Brent Hirschi I Others present were Mayar-elect Gearge Wehmann, Cauncilwaman-elect Caral A. Dille, Cauncilman-elect Francis Lee, Maintenance Supervisar LaVern E. Williams, Fire Chief Marvin McGary, ,ElaireMcGary, June Wehmann, Lee Dille, Learia Hadley, Ed Jewkes, Mr. and Mrs. Ray Barn, Mr. and Mrs. Thayle Mansan, Craig Mawrey, Paul Merrill, and Gene Simps an. Prayer was afferedby C.auncilman Cheney. Minutes af the Regular Meeting af December 17, 1975, were approved as typed. Attarney Andersan explained that the Easement Agr,eement regarding the sewer f;lervice line far the City Building which is lacated an the adjaining property belanging tb Raland Rarnrell has been prepared and is ready to. be signed. The dacument was left with the Clerk to. abtain signatures and then must be recarded. In the matter af revising the sectians af the City's cadified ardinances to. camply I with EPA requirements, Attarney Andersan read an Ordinance which has been drawn up as he felt it shauld be, and recammended that the first reading cauld be passed, then have the ardinance reviewed by EPA afficials befare final actio.n is taken. Cauncilman Hirschi maved to. pass the first reading af Ordinance No.. 137 revising certain sectians,af Title 8 Chapter 4 (Sewers) af the City Cadified Ordinances. The matian was secanded by Councilman Swensen; vating was all in favar; matian carried. A resalutian relative to. industrial waste sewage setting farth a palicy that the aperatian and maintenance charges will be the same inside and autside the City was also. read by Attarney Andersan, with the Cauncil indicating appraval and delaying further actian until a review is made by the EPA.