Council Minutes 11/17/1976
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CITY OF AMMON
November 17, 1976
Minutes of Public Hearing and Regular Meeting of the Mayor and City Council:
The meeting was called to order at 7 :40 P. M. by Mayor George Wehmann, with the
following City Officials present:
Mayor George Wehmann Clerk Deon Hemingway
Councilman Russell N. Swensen Attorney W. Joe Anderson
Councilwoman Carol A. Dille Asst. Engr-. Robert Butler
Councilman Marvin J. Anderson
Councilman Francis Lee (arrived later in the meeting) I
Others present during the meeting were Wayne Wilcox, David E. Benton, Tim .
Hopkins, and City employee Gene Simpson.
PUBLIC HEARING
Mayor Wehmann annQunced that the first item of business would be a Public Hearing
as advertised on the annexation and zoning of two pieces of property: One containing
2. 123 acres O:t;l Georgia Lane belonging to L. Miniver to be zoned RPA, and one'
containing 9. 305 acres in the McCowin Park area which has been purchased by the
City of Ammon for expansion of the park to be zoned R-l. It was noted that there
were no interested parties present to make comment or objection, and that the
Planning and Zoning Commission held a Public Hearing on this matter-the previous
evening where there was likewise no one present to object. The recommendation of
the ?lanning and Zoniqg CO,mmission .was to annex the parcels of land as proposed
with the RPA Zone on the Georgia Lane property and the zoning on the City-owned
property to be whatever will allow for the anticipated future use planned by the City.
Attorney Anderson checkedfthe City Ordinance and determined that a fire station and
City Building can be located in all-Y zone through the conditi,onal use permit procedure.
Councilwoman Pille moved to annex tq.e L. Miniver property as RPA with Overlay #6,
in accordance with the rest of the adjacent area, and the McCowin Park property as
'R-I. The motion was .seconded by Councilman Swensen; voting was all in favor; motion
carried. Attorney Andersdm noted thatiit was in order to a<;lopt the Annexation Ordi-
nance on the described properties at this time, so the ordinance was assigned No. 1
143 and read in full. Councilman Swensen moved that the 2nd and ~rd readings of
Ordinance #143 on separate days be waived, and that it be placed on the 3rd and
final reading by title only. The motion was seconded by COllncilwoman Dille; ,
voting was all in favor; motion carried. Ordinance # 143 was read by title only.
Councilman Swensen moved to adopt Ordinance #143. The motion was seconded by
Councilwoman Dille; voting was all in, favor; motion carried. The Public Hearing
was clQS.€d at 7:55 P. M.
REGULAR MEETING
The Regu~ar Meeting of the Mayor and Council opened at 7: 55 P. M. The pledge
of alleg5.artce to the flag was led by Councilman Swensen,and the invocation was
offered by,Mayor Wehmann. The' minutes bf the meeting of October 20, 1976, were
approved as prepared.
David Benton announced that he was representing Wayne Wilcox, developer of the
proposed McDonald's Farm subdivision to be located in the County south of 1st Street
and east of Ammon-Lincoln Road. He pointed out that 'the County is to make the
final decision on this, but a recommendation from the City of Ammon is needed since
the area is within the one-mile jurisdiction of Ammon. A copy of the preliminary
plat was displayed, and Mr. Benton expl~ined that modifications had been made as
requested .by the County on the dedicated street right-of-way .along 1st Street and 'I.
,Ammon-Lincoln Road, street names, and providing for a park. He',.noted that
the plat had been referred to SdlOOI Distri'ct No. 93 officials, who indicated that
new growth within the District will be taken in stride and plans to take care of
adqitional schools will be made as needed. Regarding the review of the plat by
the Ammon Planning and Zoning CommisSion, Mr. Benton indicated th~t there
was no objection to the actual layout, but there were questions about the availability
of sewer and water services. He explained that the developer contemplates waiting
until the Iona-BonneviPe Sewer District sewer line is installed, but is commit ted to
run the sewer main along Ammon-Lincoln Road to connect on to the Ammon system
at nth Street if necessary using City of Idaho Falls standa,rds. Water for the pro-
ject is to be furnished by the Fall!? Water Company, which now serves sev~rai other
residential developments in the area, with the installation of the waterline to be under
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the standards of the City of Idaho Falls and the State Department of Health. Street
widths are also to be built to Idaho Falls standards so will be paved to 48 feet on
60-foot right-of-ways and to 37 feet on 50-foot right-of-ways, and sidewalks have
been provided for. Regarding storm drainage, it was mentioned that surface
drainage into natural channels is planned, or the park area could be designated
for a holding pond, with design plans to be prepared and checked if the plat is
approved. The plat contains a total of 227 lots with a minimum lot width of 80
feet, which meets City of Ammon requirements and is greater than the 60-feet
required by Idaho Falls. Councilwoman Dille reported that the Planning and Zoning
Commission appointed a site committee to study the matter, and attention had been
given more to considering the requested R-2 Zoning, which would allow multiple
family dwellings, than to accepting the plat, and the Commission members did not
indicate seeing any problem with the plat but recommenced that the request for R-2
7.oning be turned down, with a motion being made to recommend that the part of the
plat along ,1st Street and Ammon-Lincoln Road be zoned R-2 and the rest R-l. The
voting on this motion was four in favor of that way and tv.o recommending another way.
In response to an inquiry by Mayor Wehmann, the developer, Mr. Wilcox, stated
that his intention is to build multiple family dwellings. Councilwoman Dille mentioned
that the Planning and Zoning Commission members Ilgot bogged down" in the concern
tha,t government-subsidized units would be built in the project. Mr. Wilcox's attorney,
Tim Hopkins, pointed out that the developer seeks the approval of his plat by the
City of Ammon under the provisions of the law that acknowledges the city's right to
consider street widths, drainage, etc., to be sure of compliance with the city's
subdivision ordinance, but it does not follow that the city is to take the place of
the county and make judgment on what the zoning is to be. Mayor Wehmann
suggested that making a decision in this matter be delayed until the December 1
meeting, noting especially a concern about the street layout which he would like to
study. According to Mr. Benton, considering the McDonald's Farm subdivision
plat is on the agenda for the County Planning and Zoning Commission meeting on
December 8, so deferment of action by the Ammon City Council until December 1
would be agreeable. Councilwoman Dille moved to table the McDonald's Farm
Subdivision Preliminary Plat until the Council Meeting on Dec ember 1, 1976.
The motion was seconded by Councilman Lee; voting was all in favor; motion
carried.
Mayor Wehmann requested that any future business regarding new subdivisions,
including annexation agreements, be presented to the Council with the provision
of affording time until the next meeting before taking action.
COMMITTEE REPORTS
Mayor- Regarding the impact area for land use planning, MayorWehmann told of
meeting briefly with two of the County Commissioners on this matter, and comment-
ed that it does not appear that a final plan can be agreed upon before January 1 due
to the lengthy process of hearings that is required. Mayor Wehmann noted that the
revised draft of a Cooperative Agreement for Subdivision Inspections has been de-
livered to Don Lloyd, City of Idaho Falls Director of Public Works. Concerning
City personnel matters, Mayor Wehmann reported that Kent Anderson has decided
not to take the position of City Administrator, but the two men, Norman Wheeler and
Gordon Totten, have accepted the job offers on the City Maintenance crew. Mayor
Wehmann expressed a need to check with the Office of Revenue Sharing about the
figures used to determine Ammon's payment, since there is a wide difference be-
tween the amount per person sent to the City of Idaho Falls and that which Ammon
receives per person. Reference was made to the claim filed by Steve Tremayne,
3255 Ross Avenue, for the damage to his travel trailer, noting that estimates for
the repair work of $266.20, $298.25, and $310.00, have been turned in to the City
by Mr. Tremayne, and Attorney Anderson was asked to correspond with the claimant
to work out a settlement. It was noted that a Proof of Los s form on the damaged
lawn mower has been received from the insurance adjuster, and Mayor Wehmann
asked Attorney Anderson to send an inquiry about why the amount of actual loss and
damage listed on the form is different than the quoted cost of repairs made by
Boyd Martin Co. Regarding the Eastgate Mobile Village account, it was reported
that payment in full has been made, and Mayor Wehmann expressed intentions to
ask that the water be turned off there if the account gets 60 days in arrears again.
Mayor Wehmann informed the Council that the firm of Crandall, Hinckley, & John
will not be able to perform the 1976 audit, so Mr. Crandall has referred the City
to Alan Corbett, who lives in Shelley, to do this work and the Council members in-
dicated approval of this proposal. if there is not a requirement that the audit be done
by a CPA, since it was noted that Mr. Corbett is not a CPA. In connection with this,
it was recommended that the City Code (Section 2-6-2) be amended to delete the
statement that the auditor is to be a resident of the City. Mention was made that
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Councilman Swensen, Asst. Engineer Robert Butler, and possibly Mayor
Wehmann are planning to attend the AIC Academy training session at Idaho State
University in Pocatello this Friday and Saturday.
City Clerk - It was reported by City Clerk Deon Hemingway that there are
claims to pay in the amount of $7, 026. 54, and a General Fund check ing account
balance of $12,467.09.
Police and Fire Department - Councilwoman Dille reported that a 4-way flashing
stop light will not be installed at.. the i~ersectio~.of.Amm.on Ro&.d and SU~YSid~
and. he s~ee~__:!Wlt ~!.l S1nn~Slc.e 1:ioad bm mmon to 91
Road; . .as proposed by the County,/will c ange 0 ":I: ml es per hour. e no ed.
that there was a misunderstanding, so the Humane Society has been sending the
money taken in on Ammon Dog licenses to the County. According to Councilwoman I
Dille, the District fire truck can be housed in the new storage building soon since
the heater equipment is on hand and will be hooked up as soon as the gas line is
put in.
Public Works - A report by.Councilman Lee indicated that there have been no
answers to any of his inquiries about a snow plow. He mentioned that the sewer
connections have been made at 1890 Eagle Drive, 2180 Dove Drive, and 3040
Rawson Street, so all homes are hooked up to the sewer system now.
Bonneville Council of Governments - Councilman Swensen reported that a county
storm sewer study is under way. Mayor Wehmann informed the Council that he
is interested in attending. the regular City-County meetings and had talked with
Commissioner Suitter about this.
Attorney - In response to information presented by Attorney Anderson, Council-
man Swensen moved to authorize Mayor Wehmann to sign a letter addressed to
the City of Idaho Falls relative to Ammon IS sewer user charge. The motion was
seconded by Councilwoman Dille; voting was all in favor; motion carried.
Attorney Anderson reported that he had reviewed the draft of a proposed up-date
of the Cooperative Sewer Agreement between Ammon and the City of Idaho Falls
and found it to be acceptable with minor changes, subject to a study on mainte-
nance hours to be made by the Engineer. In connection with the lawsuit filed I
by Dixie and Melvin Richardson, Attorney Anderson explained that the City's
insurance agency is checking on this.
Engineer - According to Assistant Engineer Robert Butler, action has been
init iated with H-K Contractors to resolve the problem at the sewer meter station,
preferably by putting in another type of measuring device that will be approved
by Wayne Wolfe of the City of Idaho Falls. Mayor Wehmann asked Mr. Butler to
work with the contractor to get the asphalt work finished on Ammon Road, Sabin
Drive, and two places on Ross Avenue, in addition to checking on the operation
of the 70 horsepower motor at Well #6, all of which need to be done before a re-
quested letter can be written to H-K Contractors regarding completion of obliga-
tions under the Sewer and Water Project warranty. It was noted that David
.S.::>rensoI}., 2030 Ross Avenue, has made no further contact with the City regarding
the easement on his property.
Planning and Zoning - Councilwoman Dille reported that the Planning and Zoning
Commis sion recommends that Ammon I s impact area for land use planning be one (1)
mile in all directions with the areas that overlap with the City of Idaho Falls to be
ne g otia te d.
Parks and Recreation - Councilman Anderson annOlnced that plans are und.er way
to locate 4 or 5 ice skating rinks in the City when the weather is favorable, and I
arrangements have been made to rent the Ammon School gymnasium at $4.50
per hour for the City-sponsored basketball program. Mayor Wehmann explained
that Boyd Martin Company sent up a new lawn mower with a proposal of reducint
the price by $1,000 and giving $700 credit for the wrecked mower, which would
result in a cost of $3,800 to be paid from the insurance settlement. The Council
members agreed to consider this offer.
Old Business - In response to an inquiry by Mayor Wehmann, Councilwoman Dille
indicated that she still needed to check out the width of Circle S Drive to determine
if that street needs to be posted for IIno parkingll.
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New Business - Councilman Swensen made reference to theneea to officially set
the fees for electric permits, etc., by resolution of the Cu.....ncil as ::;pecifiea in
tl1e City Code. Mayor Wehmann mentioned that the inflammable liquids, etc.,
in the City shop are to be cleaned up. He pointed out that the Council members
should start getting their budget figures together in preparation for making a
nine-month budget and then a twelve-month budget under the provisions of the new
Cash Basis Act. He suggested that the Public Works department might consider
the purchase of a welder as an item to include in the budget. As a matter of
information, Mayor Wehmann noted that most of the wiring and fixtures put in
the McCowin Park shelter by the Lions Club have been torn out.
Clai ms were approved for payment. Councilwoman Dille moved to adjourn;
seconded by Councilman Lee; the meeting was adjourned at 10: 15 P. M.
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MAYOR);
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CITY OF AMMON
December 2, 1976
Minutes of the Regular Meeting of the Mayor and City Council:
The meeting was called to order at 7:45 P. M. by Mayor George Wehmann, with
the following City Officials present:
Mayor George Wehmann
Councilman Francis Lee
Councilwoman Carol A. Dille
Councilman Russell N. Swensen
(Councilman Marvin J. Anderson--
excused, working)
Others present during the meeting were John Schumaker and Wayne Wilcox.
Clerk Deon Hemingway
Attorney W. Joe Anderson
Engineer David E. Benton
Ass~. Engineer Robert Butler
Maint. Supv. LaVern E. Williams
The pledge of allegiance to the flag, was led by Councilman Swensen, and Council-
man Lee offered the invocation. Minutes of the meeting of November 17, 1976,
were approved as prepared. It was noted for the record that this regular meeting
was originally scheduled for Wednesday, Dec. 1, 1976, but was changed to Dec. 2,
1976, due to the lack of a quorum.
In response to an inquiry by John Schumaker, 3240 Southwick Lane, regarding the
storm drainage in his neighborhood which allows water to pond on his property,
it was explained that the City intends to designate funds in the 1977 budget to
remedy this situation.
The preliminary plat of McDonald's Farm, a proposed subdivision to be located
in the County south of 1st Street and east of Ammon-Lincoln Road, was reviewed
again by the Mayor and Council as agreed at the previous meeting. David Benton,
representing the developer, Wayne Wilcox, explained that it is requested that the
Council consider Division #1 of the plat at this time. Mayor Wehrpann expressed
concern with the plan in connection with the one street whioh curves through the
subdivision in such a way that it might invite excessive speed as a cut-through
route from Ammon-Lincoln Road to 1st Street, and there was agreement on the
matter of recommending that this particular street have the same name all the way
rather than being given a new name as it extends on from one of the intersections.
Other than this, the Council members indicated that the street layout was acceptable.
The minutes of the Planning and Zoning Commission meeting of November 16, 1976,
were studied and found to be somewhat confusing in the wording of the recommending
motion and the voting record comments of that body, but it was acknowledged that
a definite objection to the development as far as the density of housing that R-2 zoning
would allow was expressed by the Commission members. Attorney Anderson read
the statute from the Idaho Code, Section 50-1306, which regulates the City's
obligation in reviewing plats which are within one mile of the City, and it was deter-
mined that a decision on the approval or disapproval of the plat is required, while
a recommendation on the zoning may be made if desired before the matter goes
to the County for action. Councilman Lee moved to approve the plat of Division
No.1 of McDonald's Farm and to concur with the recommendation of the Planning
and Zoning Commission as it relates to the zoning which would be that the lots
west and north of Mau.reen Street be zones R-2,except for Lot 1 Block 1 which is