Council Minutes 02/02/1977
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of the Planning and Zoning Commission the previous evening to acquaint that
body with the Subdivision Inspection Agreement which will be going into effect
shortly~ A suggestion made by Mayor Wehmann for the Planning and Zoning
Commission to consider making a recommendation on is to require sidewalks
in new subdivisions that have curb and gutter.
Parks and Recreation - Councilman Anderson -announced that there. are ~~1)1f.
three teams participation in the City-sponsored basketball program, so the
activity will have to be discontinued if at least one more team is not organized
by this Saturday. It was requested that the public be asked to participate in
deciding upon a name for the new City park located in the Peterson Park Addition
on the east side of town.
City Clerk - The Clerk reported that there are claims to pay in the amount of
$7,018.65, .and a checking account balance of $15, 815.19, with $10,000 of General
Fund monies having been recently invested in a Certificate of Deposit for 92 days.
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Police and Fire Department - Councilwoman Dille asked the Council to consider
an application for a non-commercial ke rine 1 license for Kim Jessen, 2885 Ross
Avenue,. indicating that signatures of all neighbors within 150 feet giving their
consent have been obtained. Councilwoman Dille moved to approve the applica-
tion as described. The motion was seconded by Councilman Swensen; voting was
all in favor; motion carried. It was reported that the December law enforcement
figures show 374.5 hours of patrolling, etc., in Ammon with 360 hours being the
number required under the contract. Mayor Wehmann requested tha1: the. officers
be notified that there is a need to have more parking tickets writterr again to get the
vehicles off the streets where such parking creates a traffic hazard.
Public Works - Councilman Lee reported on the deposit policy of other cities
in the area to the effect that Rigby makes a refund when the people move, no
contact was made with the City of Ucon, and Shelley bills the people a month
in advance with no deposit but does use the Small Claims Court quite a bit. No
action was taken on the deposit policy at this time. The new garbage truck I
was delivered on Monday of this week, but the snow plow is not in yet, accord-
ing to Councilman Lee.
New Business - It was agreed that there will be a work session on Wednesday
evening next week, January 26, 7:30 P.M., to work on the budget and to discuss
the new applications for the City Administrator job which have been received.
Mayor Wehrnann gave notice that he will be out of town on-February 2, the date
of the next regular meeting, so all Council members will have to be present to
make a quorum, with the meeting .to be conducted by Councilman Swensen as
Council. President.
Claims were approved for payment. Councilman Swensen moved to adjourn; the
motion was seconded by Councilwomari Dille. The meeting was adjourned at
10: 35 P. M.
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CITY OF AMMON
February 2, 1977
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Minutes of the Regular Meeting of the City Council:
The meeting was called to order at 7:30 P. M. by Council President Russell N.
Swensen, with the following. City Officials pres8nt:
Councilman Russell N. Swensen Clerk Deon Hemingway
Councilman Marvin J. Anderson Attorney W. Joe Anderson
Councilwoman Carol A. Dille Asst. Engr. Robert Butler
Councilman Francis Lee Maint. Supv. LaVern E.Williams
Not present: Mayor George Wehmann, out -of-town.
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Others present during the meeting were Mr. and Mrs. O. R. Birch and their
attorney, Steven McGrath; also Joseph Wenger and Daryl Shurtliff.
The pledge of allegiance to the flag was led by Councilman Swensen and the prayer
was offered by Councilman Anderson. Minutes of the meeting of January 5, 1977,
and the meeting of January 19, 1977, -were approved as prepared.
Attorney Steven McGarth, representing Mr. and Mrs. O. R. Birch, explainedthat
perhaps some mis -information and misunderstanding regarding the house being
built by the Birches (off the west deadend of Wanda Street) could be eliminated
by discus sing the matter with the City Council, indicating that the construction of
the house is expected to be completed within the next two weeks, so water service and
an occupancy permit are needed. He referred to a letter written to Mr. Birch by
Assistant City Attorney Franklin Smith (at the request of the Mayor and City Council)
dated October 29, 1976, which explained the City's position concerning the need to come
to an agreement on the dedication of property in front of the house for the future
extension of the street, and the problem which had resulted from the building site
being moved several feet from the location shown on the plot plan which was sub-
mitted for obtaining a building permit. The Council members read the letter. A
statement from the City of Idaho Falls' Building Inspector regarding the setback
which had been checked at the time of the footing inspection was presented by Mr.
McGrath, who commented that the building site may be five or six feet off, but that
it was his understanding that this is not the big issue. Councilwoman Dille noted
that it was her understanding that this (the setback) is part of the basis of the pro-
blem. Mr. Birch stated that neither of the plot plans which are in the City file is
the drawing which he brought when he submitted his plan to the Planning and Zoning
Commission for appr.oval, and he indicated that he had made it known at that time
that it was not his intention to dedicate land to the City for the extension of the street
on his property-. City Attorney W. Joe Anderson acknowledged that it appears that
there was a misunderstanding, and perhaps the house was placed closer than the
45 Feet shown on the plot plan which was used as a basis for issuing the building
permit. He pointed out that, if there is not to be a street in front of the Birch home,
then the front-yard description used for the building permit is not accurate since
the only street is the existing Wanda Street, and the setback on the other isde of the
house would leave only a 22-foot front yard. The cul-de-sac which is needed so that
public vehicles such as fire trucks and the garbage truck can turn around at the west
end of Wanda Street was discussed, noting that a minimum size of 80 feet in diameter
is recommended by the City Engineer. The Birch's de~ire to limit the turn-around
to a 50-foot diameter was expressed by Mr. McGrath, who noted that it is objection-
able to his clients to have a.big cul-de-sac on their property because of the loss of
privacy, the value of the land involved,and the cost of paving, in addition to not
having agreed to this before the building permit was issued. Joseph Wenger, who
owns adjoining property at 3635 Wanda Street, made a diagram on the chalkboard
showing how a 50-foot turn-around could be installed in a location which has been
discussed and agreed on to be acceptable to himself, Mr. Birch, and Daryl Shurtliff
of 3640 Wanda Street. Engineer Butler mentioned that the City now has a temporary
90 -foot easement for a cuI-de -sac which is shown on the recorded plat of the
Utterbeck Addition. Attorney McGrath pointed out that there is a difference in the
situation, since the Birch property is not a platted subdivision. City Attorney
Anderson indicated that the City was misled about the intentions of the owner to
have the property platted when a plot plan which shows a street drawn in and in-
dicating a front yard on that street was presented to apply for the building permit.
Mr. Birch explained that the drawing which he had presented to the Planning and
Zoning Commission did show where there was sufficient room left to put a street
through if someone else gets the property later, but he did not agree to dedicate any
land for access. He noted that his property has frontage on Ammon-Lincoln Road,
and it was agreed that a front yard in that direction would be a pos sibility with a
long private driveway going through to the house. The extension of the water main,
if service is to be obtained from the waterline on Wanda Street, was discussed, and
Attorney Anderson advised that an easement should be granted or a street right-of-
way dedicated up to the point that the water main is to go. He suggested that the
matter be worked out between the attorneys before any further discussion with the
City officials, and it was agreed that calculations by the Engineer are needed to
know what is involved in the area needed for the cuI-de -sac and the waterline. It
was recommended by Council President Russell Swensen that a site tour should be
made by the Council members, and that Mayor Wehmann should be present when
any further meeting is held on the subject.
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COMMITTEE REPOR TS.
Council President - Councilman Swensen reported that the developer of the
nursing home which is to be built on 17th Street (Don Bybee, Truscan Corp. ,
4335 River Road North, Salem, Oregon, 97303, Tel. 503-390-2453) has been con-
tacted by Mayor Wehmann to inform him that the City of Idaho Falls does our
building plans checking and site inspections. Copies of a sample Equal Employ-
ment Opportunity Policy Statement which is recommended by the AIC for all
cities to adopt were distributed to the .Council members .and the City Attorney
to study for future consideration.
Attorney - In response to a request by Attorney Anderson, a short report on the
Public Utilities Commission hearing regarding the Utah Power & Light Co. rate I
increase was given by Ammon resident Joseph Wenger. He referred to the
printed exhibit of statistics which he had obtained at the hearing, and offered
to help with preparing questions for the next hearing which will be in Pocatello
sometime in March. Councilman Swensen commented that he was impressed
with the hearing in that the PUC gave quite a few people an opportunity to be
heard, and he called attention to the inquiry which was made about what is
being done about conservation of energy, with the thought in mind that this
question may be asked of the the intervenors at the next hearing. He displayed
a pamphlet on this subject from the Extension Service and asked the Council's
feeling about sending these out to the residents of Ammon. Councilman Lee
moved that a sufficient number of energy conservation pamphlets be obtained
to be sent to each residence. The motion was seconded by CouncilwomanDille;
voting was all in favor; motion carried.
Engineer - According to Engineer Butler, Johnson Pump Co. and B & W Equipment
Co. have given an estimate of not more than $2800 to pull and repair the pump
at Well #6. He reported that Engineer Benton is working on the L. 1. D. #7 matters
which need to be taken care of before the bonds are sold. Regarding the cost of
hooking the alarm at Well #6 to the Idaho Falls system, Engineer Butler reported
that a figure of approximately $2100 has been arrived at, in addition to a charge
for the telephone service each month. Written instructions for the use of the
emergency generator at Well #6 were presented to the Council and found to be I
satisfactory, and it was-requested that Engineer Butler have the switches, etc.,
on the generator labeled and that a copy of the instructions be left on file at the
City Office in addition to placing a laminated copy in the pumphouse. A report
on the sewer meter station indicated that Waterworks Equipment Company has
not received any information on the cost of the recommended alternate equipment,
and it was felt that a City Official should call Cliff Fitzsimmons to put some
pressure on since the agreed-on time limit has elapsed.
Planning and Zoning - Councilwoman Dille noted that Paul Curtis has given notice
of his resignation from the Planning and Zoning Commission, and he will be
asked to put this in writing.
Parks and Recreation - It was reported by Councilman Anderson that four teams
are participating in the City-sponsored basketball Program, and that no names
ha ve been suggested for the new park.
City Clerk - A report by the Clerk stated that there were claims to
amount of $1,963.47 and a checking account balance of $7,874.28.
accounts at the end of January totaled $305.
pay in the
Delinquent
Police and Fire Department - An application for a non-commercial kennel
license was presented by Councilwoman Dille for the consideration of the Council,
noting that the consenting signatures of all neighbors had been obtained. Council-
woman Dille moved to approve the application for a non-commercial kennel
license for Jean Pugh, 3160 Owen Street, to keep four Doberman Pinschers.
The motion was seconded by Councilman Lee; voting was all in favor; motion
carried. Councilman Le.e moved that, in consideration of the size and nature
of the dogs involved, a letter should be sent along with the license to caution
the owner that the animals are to be kept in an enclosure of sufficient strength
to restrain them from harming anyone. The motion was seconded by Council-
woman Dille; voting was all in favor; motion carried. The Fire Department
report for January was reviewed. In connection with the claim which has been
filed by Steve Tremayne for damage to his travel trailer, Councilwoman Dille
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reported that a bid for $87. 55 for the repair work has been obtained from
Whee-Go Custom Built. She suggested that the Tremaynes be given an oppor-
tunity to accept this bid along with an offer of $50 for the labor which the owner
has already put into straightening the door, etc. Councilman Lee moved that
the City offer Mr.. Tremayne $150 which would be enough .to pay for the repair
of the trailer at Whee -Go Custom in the sum of $87. 55 with the rest being for
his own labor--this to be in full settlement of the claim, and that the bid from
Whee-Go Custom Built be forwarded along with the offer. The motion was
seconded by Councilwoman Dille; voting was all in favor; motion carried. Attorney
Anderson advised that the check, when written, should have a statement on the
back for Mr. Tremayne to sign as a release for full settlement on the damage to
the trailer, with the date of the accident to be included in the statement.
Public Works - Councilman Lee recommended that the City's deposit policy re-
main as it is in that a $15.00 deposit is required .on all new accounts which is
to be refunded (or applied on the amount due) when the account is closed, so
no further action was taken on a suggestion made recently by a City water user
that the deposit be refunded after two years to those who show a good paying
record. Regarding the snow plow which is on order, Maintenance Supervisor
LaVern Williams reported that delivery has been delayed due to the shutdown
of the factory (in Wausau, Wisconsin) during the recent gas shortage emergency
caused by severe weather conditions.
Old Business- Councilman Swensen mentioned that most of the repair work on
the damag.ed truck has been completed; but the body shop is still waiting for
one part to be received before the job can be finished. It was noted by Engineer
Butler that more windows have been broken out at Well #6 pumphouse, so replacement
of the glass, at least on one side of the building, with a break-resistant product
should be done as soon as possible.
N.w Business- Reference was made to a bill regarding zoning that is to come
Defore the State Legislature which would create a problem for- cities if passed.
Councilman Swensen requested the consideration of the Council on a re.comrnenda-
tion made by Mayor; Wehmann that employee, Milford Strong, be promoted to -
Grade 4-,1 sta:rrting with.the next pay period. Councilwoman Dille moved to
approve the proposal; the motion was seconded lily Councilman Lee; voting was
all in favor; motion carried.
Claims were approved for payment. : Councilman Lee moved to adjourn at 10:05
P. M.; seconded by, Councilwoman Dille.
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CITY OF AMMON
February 16, 1977
Minutes of the Regular ,Meeting of the Mayor and City Council:
The meeting was called to ordexoat 7:40
the following City Officials present::
Mayor George Wehmann
Councilman Russell N. Swensen
Councilwoman Carol A. Dille
Councilman Marvin J. Anderson
-Councilman Francis Lee arrived later
P. M. by Mayor George Wehmann with
Clerk Deon Hemingway
Attorney W. Joe Andersc)ll
Asst. Engineer Robert Butler
Maint. Supv. LaVern E. Williams
in the meeting.
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The pledge of allegiance to the flag was. led by Councilman Anderson; the invoca-
tionwas offered by Councilman Swensen., Minutes of the meeting of February 2;
1976, were .apprbvedas prepared.
COMMITTEE REPORTS
Mayor- It was <reported by Mayor Wehmann that a letter had been sent to the
principal of the Hillview School regarding glas s breakage at Well #6. He referred