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Council Minutes 01/21/1976 -tr2- -i58~-- Claims were approved for payment. Councilwoman Dille moved to adjourn; seconded by Councilman Swensen; ~eeting adjourned at 10:25 P. M. I,' , / A) " I,' '" (; t/{. j-,14t.a 1~,J) , ~~.. (].. - CLIDu< . . ~ ft' , MAY~R~/' CITY OF AMMON January 21, 1976 Minutes of the Regular Meeting of the Mayor and City r.ouncil: 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 Marvin J. Anderson Councilman Francis Lee Councilwoman Carol Dille I Clerk Deon Hemingway Engineer David E. Benton Attorney W. Joe Anderson Maint. Supervisor LaVern Williams Others present during the meeting were Boy Scout Tim Petrus, Mr. and Mrs. Ciro Rustici, Gene Simpson, Gary Davidson, Craig Mowrey, Keith Hansen, Phillip Anderson, Maxine Metcalf, and Rick Archibald. The pledge o~ allegiance to the flag was led by Councilman Swensen. The invoca tion ,was offered by Councilman Lee. Minutes of the meeting of January 7, 1976, were approved as typed. An application for a Non-commercial Kennel License from Martin G. Whalen. 1845 Dove Dr., with signatures as required by City Code (Section 6-3-7), was placed before the Council for action. Councilwoman Dille moved that the application as presented be accepted. The motion was seconded by Council- man Swensen; voting was all in favor; motion carried and license granted. I An application for a N:m-Commercial Kennel License from David Hudson, 3385 Owen St., was also considered. Councilwoman Dille moved to table the application and refer it back to the petitioner since the approval signatures did not include those of the neighbors directly to the east and west of the 'applicant and did not represent 75% of the neighbors. The motion was seconded by Councilman Swensen, voting was all in favor; motion carried. Matters of old business were reviewed with the following results: Engineer Benton is to contact Roland Romrell regarding signing the Easement Agree- ment for the City Building sewer service line, and is to prepare a design and cost estimate for the drain at Samuel and Geneva so it can be worked into the budget. Engineer Benton is also to request a letter from Wayne Wolfe of the Idaho Falls Water and Sewer Department stating that the matters mentioned in a letter received several weeks 'ago regarding sewer lIas -built" drawings, equipment manuals, etc., have been taken care of. The Public Works Com- mittee (C,?uncilman Francis Lee, Chairman) is to follow up on the response trom property owners who do not have their sewers connected yet and re- commend a plan of action. Councilman Anderson is to contact Mrs. Franklin Ricks about the city's plans regarding ice skating rinks. Engineer Benton reported that no word has been received from the EPA officials regarding their review of the proposed ordinance and resolution concerning sewer rates; I also that the' City of Idaho Falls has been sent a letter with reference to cal- culations made which show that the City of Ammon has a credit of $3, 710 coming on the amounts charged for sewage treatment during the past few months. Councilman Swensen reported that proposed matters of legislation affecting cities are now in committees or being printed for action by the State Legislature. According to Mayor Wehmann, the developer of Barbara Jean Estates has in- quired if the City has any objections to having the bridle path eliminated in that new subdivision. Engineer Benton reviewed the background of this situation, including the recommendation that was made by the Planning and Zoning Commission and the action taken by the City Council before the addition was annexed, to the effect that the City would not be responsible for maintaining I o ex; t-- CQ ~ ~ I I 159 the bridal path area. Mayor .Wehmannrecommended that the City stay out of the matter entirely, and Attorney Anderson advised that the people of the adjoining subdivision (Pony Acres) should be given an opportunity to be heard if the path is to be eliminated. Mayor Wehrnann pointed out that there were a number of citizens present who had been contacted to participate on the Citizens Taxpayer Commit tee, and proceeded to explain several matters pertaining to city budgeting, including a review of the revenue received from property taxes and fixed expenditures of the City. Committee appointments were made as follows: Fiscal Operations: Harlow McNamara, Maxine Metcalf, Rick Arch.ibald, Farrel K. Adamson; Parks and Recreation: Gary Davidson, Peter R. Davis; Police and Fire Depart- ment: Keith Hansen, Geraldine Guymon; Public Works: Thayle Monson, Dennis Marshall, Craig Mowrey, Robert Webster, Phillip Anderson. The.meeting was recessed from 9 P. M. to 9:30 P. M. for the committees to get together and set up meeting schedules. Councilwoman Dille suggested that the area Legislators be made aware of the feelings of the City Officials regarding the proposed legislation which affects cities. Councilman Lee moved that the Fiscal Operations Committee compose a letter to the appropriate Legislators in Boise showing the Council's approval of the Local Government Cash Basis Act, and that all Council members and the Mayor sign it. The motion was seconded by Councilwoman Dille; voting was unanimous in favor; motion carried. Councilwoman Dille moved to send a letter signed by the Mayor and all Council members recommending that the Legislature adopt the Local Self Government Act. The motion was seconded by Councilman Swensen; voting was all in favor; motion carried. The committee was asked to continue to check and keep up on what the status of pending legisla- tion is from time to time. Attorney Anderson presented a Payment Request from the Sewer and Water Pro- ject Contractor (Hartwell Excavating Co.), noting that there are sufficient funds on hand to make payment at this time. Councilman Swensen moved that Payment Request No. 17 from Hartwell Excavating Company in the amount of $33,000 be approved for payment as part of the Sewer and Water Project. The motion was seconded by Councilwoman Dille, voting was all in Javor; motion carried. Engineer Benton mentioned that the official city map is being updated with new addresses and subdivisions, and will be completed by the time of the next Council Meeting. An overlay showing the zoning is also to be .prepared, in addition to a map of the location of fire hydrants. It was recommended that Utah Power & Light Company should be contacted to see if a map of street lights is available. Calculations pertaining to the sewer and water system maintenance and operation costs were reviewed.by Engineer Benton. He felt that further study is needed on .this before the budget is set to determine if a rate increase for these services is neces sary. A suggestedletter indicating the city's. approval, on the basis of a (me -year warranty, of the portion of street improvements which have been completed in Barbara Jean Estates was read by Engineer Benton. He e.xplained that, since he had a conflict of interest in the project, Bill Manwill of the County Engineer's office had checked the street work and La V ern Williams, City of Ammon Maintenance Supervisor, had checked on the sewer and waterline installation at the time of construction. The feeling of the Council members was to go ahead with the reql:lested letter. Mayor Wehmann asked that Attorney Anderson work over the letter and make changes if necessary before it is sent out. A request was made by Mayor Wehmann for some explanation regarding a letter from the City of Idaho Falls about not accepting the sewer line in Barbara Jean Estates. Engineer Eenton pointed out that the design for the sewer and water plans was taken to the City of Idaho Falls and approved by them but notification for inspection had not been made as specified in the Sewer Agreement. -Mayor Wehmann suggested that Engineer Benton do whatever is needed so that a letter from the City of Idaho Falls stating acceptance of the Barbara Jean Estates 16-0 sewer system can be received for the records. He also mentioned that in the future it will be necessary to have all inspections of new streets and sewer and water lines made by professional people. Councilman Anderson referred to a quotation received some time ago for re- moving several trees along Ammon Road, indicating that the cost of this work should be put into the budget if it is to be done. Councilwoman Dille reported that a proposed budget for the Fire Department has been submitted by Fire Chief Marvin McGary, but further information is needed on some of the items. She mentioned that there were about 18 people present at a special CPR Training session sponsored by the Fire Department, I and expressed the feeling that all of the volunteer firemen should take their training. Regarding an insurance policy which the City has been carrying ~ the Volunteer Fire Department members to supplement their coverage under the Workmen's Compensation Insurance, Councilwoman Dille moved that the policy be renewed for another year at the premium rate of $294. 31. The motion was seconded by Councilman Swensen; voting was all in favor; motion carried. A report by Councilwoman Dille indicated that additional time is needed before a recommendation can be made on the animal control situation for this year since the County has not made an agreement with the Humane Society regarding the costs at the animal shelter, and some alternatives are being considered. Reference was made by Councilwoman Dille to the action taken by the City Council in the meeting of November 5, 1975, regarding the Library Agreement, and she indicated that a re-consideration of this matter may be recommended in the future. Councilwoman Dille presented a new Law Enforcement Agreement prepared by the City Attorney for consideration of the Council, noting that the contract figures for 1976 of $32,804 had been included, but nothing on small animal control. Councilwoman Dille moved to adopt the contract and authorize Mayor Wehmann to sign for the City. The motion was seconded by Councilman Lee; voting was all in favor; motion carried. Concerning law enforcement, it was suggested that Councilwoman Dille talk to the Sheriff about more enforce- ment of the regulations on abandoned cars and parking in the streets. I In response to an inquiry by Councilman Lee, Attorney Anderson stated that there would be city liability involved if the snow is pushed up on the sidewalks and someone is injured as a result. Consequently, it was felt that, when snow is removed from the streets, it should be pushed only to the sidewalks and not on them. Councilman Swensen recommended that City aficials keep in mind that the 1976 AIC Conventio~ will be in Couer d'Alene on June 28-30. He reported that the Fiscal Operations Committee will be meeting on January 28 in the City Hall. Mayor Wehmann requested that the City Attorney arrange to have new pages printed to update the Municipal Code Book. All members of the Council were instructed by Mayor Wehmann that they are authorized to act in emergency situations if necessary, then contact the Councilman who is responsible as soon as possible and also inform the Mayor I what action was taken. Engineer Benton was asked by Mayor Wehmann to <;;heck with H-K Corporation about cleaning up the extra chips that were left on the streets after the chip- and-seal work was completed last fall. Mayor Wehmann reported that he understood there is to be a hearing before the Idaho Public Utilities Commission on February 10 in Pocatello regarding the rate increase being requested by Utah Power and Light Company. He asked what the feelings of the Council would be relative to having him appear there on behalf of the citizens and the City. He mentioned that several concerned residents have contacted him about the proposed increase in power costs, and he would like I o 00 l:"- ce t:z.J ~ I I 161 to tell the people (in the newsletter) that they should send letters in regard to this matter to the City Office to be taken to the hearing. Councilman ,Swensen moved that the Mayor be authorized to represent the City at the IPUC hearing in regard to the rate increase requested by Utah Power and Light Company and go on record as opposing ,it and express the concern of the City and the citizens. The motion was seconded by Councilman Anderson; voting was unanimous in favor; motion carried. Claims were approved for payment. The meeting was adjourned at 11:.05 P. M. (2/ ct'-k/ CJ1'1J " MAYOR /{/'. ,',;(;.':;"V?'L CLERK' %^ , ,~'h7'~7 CITY OF AMMON February 4, 1976 Minutes of the Regular Meeting of the Mayor and City Council: The meeting was called to order at 7: 32 the following City Officials present: Mayor George Wehrnann Councilman Russell N. Swensen Councilman Marvin J. Anderson Councilman Francis Lee Councilwoman Carol A. Dille P. M. by Mayor George Wehmann with Deputy Clerk Marian Perrenoud Attorney W. Joe Anderson Engineer David E. Benton Maintenance Supervisor La V ern E. WilliaInl Others present were David M. Hudson, Ann H. Schnur, Fred J. Hahn, Dick McDonald, Craig Mowrey, Gene Simpson, Ron Nelson, and Clyde Johnson. Councilman Anderson conducted a pledge of allegiance to the flag. Prayer was offered by Councilman Russell N. Swensen. Councilwoman Carol Dille. stated a correction of the January 21, 1976, minutes should read that five signatures did not represent 75% of the neighbors in the David Hudson ap~ation for a non-commercial kennel license. With that correction the minutes will stand .approved. Councilwoman Dille said there must be at least six signatur~s on the application and two neighbors are out of the StCl:te for the winter. Permission for a ninety-day temporary permit was asked for by David Hudson, 3385 Owen St. Councilwoman Carol Dille said she would locate the addresses of Mildred Empey and Evelyn Thurman who are out of the State. Councilman Swensen moved to issue a temporary permit of ninety-days to David Hudson, 3385 Owen Sf.;, for a non-commercial kennel license. Council-- woman Dille seconded it. Voting was all in favor; motion carried. Councilwoman Carol Dille said there were 75% of the signatures needed by Roy Chapman, 2980 Teton St., for a non-commercial kennerlicense. Council- woman moved to approve Roy Chapman of 2980 Teton St. a non-commercial kennel license. Councilman Russell Swensen seconded it.. Voting was all in favor; motion carried. In regard to Ordinance #136, Dick McDonald and Attorney Fred Hahn represented Tele-Cable Company with Attorney Fred Hahn to be the spokesman. He explained that at the time Cable Television Co. applied with the City of Ammon for its franchise the F. C. C. didn't authorize subscription pay television, but they do now. This program is being developed in many areas. The copy attached hereto is the Ammendment to Ordinance #136. Dick McDonald explained, "Only those who are on Cable TV and who subscribe to the pay TV may have additional programs such as first run movies, concerts, etc." The cost is running between $8.00 to $15.00. ,They said they would have to come back wi1lh the rate structure of the programs. Ordinance #136 has had one pre and one post reading before it is published. Councilwoman Dille moved that the first two readings of Ordinance #136 be waived. Councilman Swensen seconded it. Voting was all in favor; motion carried. Councilman Swensen moved to have Ordinance #136 have a third reading. Attorney Anderson read the ordinance. ,Councilman Swensen moved to adopt Ordinance #136. Francis Lee seconded it. Voting was all in