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Council Minutes 07/06/1977 c..78 July 6, 1977 CITY OF AMMON July 6, 1977 Minutes of the Regular Meeting of the Mayor and City Council: The meeting was called to order at 7:30 P.M. by Mayor George Wehmann with the following City Officials present: Mayor George Wehmann Clerk Deon Hemingway Councilman Russell N. Swensen Asst. Attorney Douglas Nelson Councilwoman Carol A. Dille Asst. Engineer Robert Butler Councilman Francis Lee Maint. Supv. LaVern E. Williams I Councilman Marvin J. Anderson arrived later Others present during the meeting were David E. Benton of Benton Engineers, Rance Bare of Ellsworth Engineers, CETA employee Jerry Hancock and parents, and auditors Walter Clapp and Ed Davis. The pledge of allegiance to the flag was conducted by Councilman Swensen; the invocation was offered by Councilman Lee. Minutes of the meeting of June 22, 1977, were approved as prepared. First to be considered from the items on the agenda was an application sub- mitted by George Cromwell, 3645 Geneva Dr., requesting a variance to allow an apartment in the basement of his home, with a statement that this is de- sired by a party who is interested in buying the property. It was noted that the application was not present at the meeting and had not obtained the signatures of the neighbors regarding feelings on this matter. The Council and Mayor decided that problems concerning fire safety and parking spaces need to be worked out before a decision could be made, so the application was tabled in order to make further contact with Mr. Cromwell. Councilman Swensen reported that he had checked on the conditions that existed at Sunnyside Road and Dal Avenue on June 6 which caused damage to I the vehicle of Martha Johnson, 490 N.3rd W., Rigby, Idaho, and recommended that the claim for repairs be paid. It was indicated that payment should be made from City funds rather than filing with the City's insurance carri- er since the estimates received were for the small amount of approximately $0. Ordinance No. 147, being the Annexation Ordinance for the Westwood Addition, was brought up for action. Councilwoman Dille moved to waive the first and second reading of Ordinance No. 147 and place it on the third and final read- ing. The motion was seconded by Councilman Swensen; voting was all in.favor; motion carried. Ordinance No. 117 was read in full by Mayor Wehmann. Coun- cilman Lee moved to pass Ordinance No. 147 on the third and final reading, an- nexing that property identified as the Westwood Addition. The motion was seconded by Councilman Swensen; voting was all in favor; motion carried. The Annexation Aqreement for the 17th Street North Addition was discussed. In response to a suggestion by Councilwoman Dille that the agreement include reference to the requirement to have curb, gutter, and sidewalks in the sub- division, it was noted that these items will be in the development drawings. A request was made that the agreement be revised to follow the form used by the City of Idaho Falls. David Benton, representing the developers, acknow- ledged that action was not needed at this time and that the revised agreementl will be submitted one week before the meeting when it is to be considered. Ordinance No. 148, which is an ordinance to correct the legal description in the Barbara Jean Estates Annexation Ordinance (No. 130), was presented for action. Councilwoman Dille moved to waive the first and second readings on Ordinance No. 148 and place it on the third and final reading. The motion was seconded by Councilman Swensen; voting was all in favor; motion carried. Ordinance No. 148 was read in full by Mayor Wehmann. Councilman Swensen moved to accept the third and final reading and approve Ordinance No. 148. The motion was seconded by Councilman Lee; voting was all in favor; motion carried. Audi tors Walter Clapp and Ed Da.vis presented copies of the Report of Audi t I o 'X) ~ CQ U;.;l :.1J I I for the year of 1976, and and recommendations to be meet at 8 P.M. on July 12 '2.. , 9 July 6, 1977 gave a short explanation of what was included put into effect. Arrangements were made to to have a complete review of the audit report. . Mayor Wehmann explained that the Iona-Bonneville Sewer District Agree- ~ has been referred to Don Lloyd of the City of Idaho Falls to check before approval is given. David Benton, Engineer for the project, ad- vised that there is no problem in not taking action on the agreement at this time, but it is needed later before a certain phase of the funding can be received. An ordinance confirming the assessment roll for Local Improvement Dist- rict No.7 Ordinance No. 146 was considered next, and it was pointed out that this is a legal procedure that is needed before the bonds can be sold. Councilman Swensen moved to waive the first and second readings .of Ordinance No. 146, and place it on the third and final reading. The motion was seconded by Councilwoman Dille; voting was all in favor; motion carried. Ordinance No. 146 was read ih full by Mayor Wehmann, and Attorney Nelson mentioned that there were a few typographical errors. Councilman Lee moved to pass Ordinance No. 146, subject to correction of certain typographical err05as noted. The motion was seconded by Councilman Swensen; voting was all in favor; motion carried. REPORTS Councilman Swensen reported that the Idaho Falls Chamber of Commerce extends thanks for Ammon's contribution to the 4th of July parade. He noted that there has been a change of personal on the BCOG Staff, so there is a new man there. Councilman Anderson agreed to check with the Pool Manager concerning complaints about the use of large inner tubes and rubber balls in the pool. Regarding a request made by Councilman Anderson on behalf of the American Legion Post #139, approval was given for the use of the tennis courts for a youth dance on Friday, July 29, in addition to the annual Ammon Day dance on Saturday, August 6. Comments were made that the parks are looking much better than usual this year, and that the timing device on the lights at the tennis court needs to be checked to see if it is working properly. A report by Councilwoman Dille indicated that notice has been received that the application for funds under the Rural Community Fire Protection program has been turned down on the basis of priority, and it was felt that this should be looked into since the understanding was that the original approval in 1975 was for three years. Mrs. Dil~e mentioned that bids have been received for some radio base units for the City. Regarding the Brent Dees dog situation which was discussed at the pre- vious meeting, Councilwoman Dille stated that there may be a violation of the non-commercial kennel license since it appears that there is buying, selling, and training of dogs involved. Mayor Wehmann is to write to Mr. Dees about this matter. With reference to a survey of watering regulation violations, Counci~omariille recommended that en- forcement be handled by the City rather than through the Sheriff's Department since it was observed that only few people are not obeying the rules, and instructions were given to issue citations instead of warnings during the remainder of the season. Mayor Wehmann listed tick- ets issued for parking violations as follows: January--1, February--65, March--31, April--41, May--13, June--21, July--O. He suggested that contact be made with the Sheriff about this inconsistency. Councilman Lee reported that the snow plow has been mounted, but it is too heavy for the truck, so he is trying to get information about the availability of a surplus Army truck for this purpose. Mayor Wehmann indicated that he would be in Boise during August and would ch~ck with the Civil Defense regarding a truck, and Councilman Swensen noted that Capt. Wadsworth of the Bonneville County Civil Defense Office has been made aware of this need. Attorney Nelson delivered a signed and recorded copy of the O.R. Birch Easement Agreement for the City files. Z.SQ Jl.lly 6, 1977 Engineer Butler explained that there is a 20-foot easement along Sand Creek for access to the storm sewer lift station, in addition to an area immediately outside of the fenced-in part. Mayor Wehmann requested a survey so that a map can be prepared showing the location of the easement, since he would like to write letters to residents who have erected fences which appear to be in the access area. A report by the City Clerk indicated that there were claims to pay in the amount of $5,365.86, and that delinquent accounts at the end of June tot- aled $227.50. M:>)lOr Wehmann reported that the County Fire Chief has been contacted about I_ checking on the possibility of books being stor~d in the halls and stair- wells of schools in District 93. He announced that Earl McCoy has resigned from the Planning and Zonin9 Commissioa, so a replacement is needed. The Mayor -pointed out that it has been determined that the sand can be removed from the water storage tank at Well No.6 by pumping it out through the drain with equipment which can be obtained from the City ox Idaho Falls, so this is to be done when the hot weather season is past. He indicated that a letter has been written to the Secretary of the Interior raising a question relative to the adequacy of the Ririe Dam; also a representative of the Utah Power & Light Company has responded to an inqury about turning off some of the lights on 17th Street so action is expected on that. Regarding the hear- ings coming up on the Utah Power & Light rate increas~ Mayor Wehmann mentioned that letters have gone out to State Legislators, School Board Chairmen, County Commissioners, and Mayors in the 12 counties served by that power company asking them to contact their constituents and report at the hearings. The Council members were informed by Mayor Wehmann that a letter has been received from the City of Idaho Falls approving the improvements in the Felt & Waite Addition, and that two copies of the revised Cooperative Sewer Agreement have been delivered to the City of Idaho Falls Director of Public Works and notice will be received when the document has been approved for the signature of the Mayors. A problem involving one of the regular maintenance employees and I Jerry Hancock, a youth assigned to the City under the summer CETA program, was reviewed by the Mayor, with reference being made to the appearance of the young man and his parents earlier in the meeting to clarify the situation. NEW BUSINESS An application for a variance of 5 feet on the sideyard and 5 feet on the backyard submitted by Brent Peterson, 2255 Midway Ave., was discussed. It was noted that the request is for the purpose of getting a building permit to add a garage and a basketball-racketball court on his home, which is lo- cated on a corner lot in an- RPA Zone, and that the signatures of the adjoin- ing neighbors, John Schumaker and Douglas Mohr, have been obtained. The possibility of the proposed recreation facility being used as a home business was mentioned. Councilman Lee moved to approve the variance as requested and have Mr. Peterson informed in writing that a home occupation is not allowed in the RPA Zone. The motion was seconded by Councilman Anderson; voting was all in favor; motion carried. Councilwoman Dille elected officials, salary to $200 per month. The matter presented a model ordinance regarding salaries for City and proposed that a change be made to increase the Mayor's month and the salary for Council members to $100 per was tabled for study. I The devedopment of the Russ Wallace property (Tie Breaker Village) was br~ught up for discussion by Mayor Wehmann, who pointed out that Race Bare of Ellsworth Engineers was in attendance to represent the developer. The possibility of furnishing water for the proposed SUbdivision, which is located between the north city limits of Ammon and 1st Street, was consid~ ered, with the Council members expressing the feeling that annexation should take place if water is to be provided by Ammon. The street layout and drain- age plans were also listed as matters which would have an impact on the City of Ammon by the development of this adjacent property. Mr. Bare was advised teinform Mr. Wallace that the City of Ammon feels to proceed toward annex- ation. It was recommended that the Planning and Zoning Commission be re- quested to make another reco~mendati?n ?n zoning for the proper~y, :nd t~at a public hearing on annexat10n and zon1ng be held before the C1ty Counc1L noting that the Planning and Zoning C,mmission has already held a public 2. ~I July 6, 1977 hearing on the Russ Wallace property. In response to an inquiry by Mr. Bare concerning the availability of City water for the subdivision by October 1, 1977, Mayor Wehmann stated that good faith intentions to that effect could be given. The Mayor of Idaho Falls is to be contacted before setting up a public hearing on this matter. Claims were approved for payment. Councilman Lee moved to adjourn; seco~ed bY~~UnCilm~n. Swens~n; t~e me~i.,iP.9... was ,~d.J..our.ned at 11:10 P.M. ~.J _? CIIY CLERK /~r,(,1/Ll"uR.""' MAYOR , . CITY OF AMMO July 20, 1977 I Minutes oj' the Regular Meeting oj' 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: o X; l"'- CO ~ ~ I I Mayor George Wehmann Councilman Russell N. Swensen Councilwoman Carol A. Dille Councilman Marvin J. Anderson Councilman Francis Lee Clerk Deon Hemingway Engineer David E. Benton Asst. Attorney Douglas Nelson Asst. Maint. Supv. Gene Simpson Others present during the meeting were Larry Felt and Randy Waite. The pledge of allegiance to the flag was conducted The invocation was offered by Councilman Swensen. of July 6,1977, were approved as prepared. by Councilwoman Dille. Minutes of the meeting Larry Felt and Randy Waite were present to discuss the settlement on the cost of waterline installed to serve the Felt and Waite Addition as agreed upon at the meeting of January 19, 1977. Mayor Wehmann s'ated that he would like to check on whether or not the 8-inch waterline which the City had on hand was taken to apply on the cost and if the required valve was installed before payment is made, and it was requested that an itemized claim be submitted. Reference was made to the matter of ownership on the installed pipe which is on the north side of Sunnyside Road and presently outside of the City limits to the west, and it was decided that a record- able document should be prepared by the City Attorney giving the develop- ers retention of the waterline in the location mentioned, with the City having the right to hook on at either end. It was suggested that the agreement should require the owners to stand the expense of any needed repairs for sueh time as the agreement is in effect with the City to do work. It was noted that a detailed review of the recently completed Annual Audit was presented to the Mayor and Council on Tuesday, July 12, and that approval of the audit would be appropriate. Councilman Lee moved to approve the Audit for 1976 as prepared by the firm of Galusha, Higgin~ and Galusha, Certified Public Accountants. The motion was seconded by Councilwoman Dille; voting was all in favor; motion carried. Information to be used in the Annexation Agreement for the 17th Street North Addition was reviewed, and it was pointed out that the official agreement is needed for signature no later than the meeting of August 3, 1977. Councilman Lee moved to accept the Annexation Agreement of the 17th Street North Addition subject to required corrections and changes. The motion was seconded by Councilman Swensen; voting was all in favor; motion carried. Ordinance No. 149, an ordinance to annex the 17th Street North Addition, was considered for action. Councilman Lee moved to waive the first and second readings of Ordinance No. 149, and to place the ordinance on the third reading. The motion was secondeG by Councilman Swensen; voting was all in favor; motion carried. Ordinance No. 149 was read in full by Mayor Wehmann. Councilman Swensen moved to adopt Ordinance No. 149. The motion was seconded by Councilman Lee; votion was all in favor; motion carried.