Council Minutes 07/06/1977
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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
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for the year of 1976, and
and recommendations to be
meet at 8 P.M. on July 12
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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.
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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.
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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.
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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
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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:
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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.