Council Minutes 09/21/1977
286
September 14, 1977
for the regular City Council meeting on Sept. 21, 1977. The motion was
seconded by Councilman Anderson; voting was Swensen, yes; Anderson, yes;
Dille, yes; Lee, abstained; motion carried. Councilwoman Dille sugges-
ted that revised copies of the plat be made availabe for study at least
one day before the meeting.
Boyd Thompson, 3200 Midway Avenue, appeared regarding a variance on the
lot sizes for property he owns on Sunnyside Road, and was asked to obtain
the signature of the adjacent property owner on the east and return to
the next regular meeting, at whim time his request will be considered.
A problem with the sewer connection at the Fred Kvarfordt residence, lo-
cated outside the City at the corner of 17th Street and Ammon Road, was I
discussed, and it was determined that the installing contractor had ob-
tained the necessary permit when the line was put in, the proper in-
spection had been made by the City of Idaho Falls inspector, and th~t
Mr. Kvarfordt was aware that some repair work is needed on the line where
it ~oes under the canal which will be taken care of by the contractor as
soon as possible.
~4n'
The meeting was adjourned at 9:30 P.M.
CITY CLERK
CITY OF AMMON
September 21, 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
Councilwoman Carol A. Dille Asst. Attorney Douglas Nelson
Councilman Marvin J. Anderson Engineer David E. Benton
Councilman Francil Lee Maint. Supv. LaVern E. Williams
Councilman Russell N. Swensen
Others present during the meeting were Elmoyne Bailey, DeLynn Hansen,
Boyd Thompson, Rance Bare, and Craig Thomsen.
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The pledge of allegiance to the flag was conducted by Cou9cilman Swensen;
the invocation was offered by Councilman Lee. Minutes or the Special
Meeting of August 31, 1977, minutes of the Special Meeting of September
7, 1977, and minutes of the Regular Meeting of September 7, 1977, were
approved as prepared.
Mr" Elmoyne Bailey, 2810 Salmon Street, appeared to discuss a ticket for
parking in the street on Dove Drive which was issued to her son on Aug.
12, and to forcefully voice an objection to the strict code on the parking
situation. In reply, the Mayor and Council members stressed the safety
problems that exist on the narrow streets when the parking regulation,
which has been in the City laws since 1958, is not enforced, and also
pointed out that consideration is being given to having a professional
traffic study made in an effort to arrive at the best solution. Coun-
cilwoman Dille acknowledged that there should be some allowance for I
parking under special condi tions ,and ma.do in OJ:} e.f:fort to &J:'ri 'v'ea. t t~
best solution. C'Quncilv'oman ~11e a~k.RgwlQdgod that the~e~-~~
€omQ :AIIOwan("Q fo~ pwrk; niJ lmdQ1:.."-"specia.lcanc:li:t.:i,ons~ and made reference
to an arrangement in another area which allows permits to be issued for
parking during parties or other group activities.
An application presented by Boyd Thompson, 3100 Midway Avenue, requesting
a variance for the use of two residential lots, located at the corner of
Rose Dale Lane and Sunnyside Road, with frontage of 75.75 feet and 76.0
feet rather than 80 feet as required in an R-l Zone, was considered. It
was noted that the adjoining property owner had signed a statement in-
dicating no objection to this proposal. Councilman Anderson moved to
grant the variance as requested. The motion was seconded by Councilman
Swensen; voting was Anderson, yes; Swensen, yes; Lee, yes; Dille, yes;
CITY OF AMMON RESOLUTION
,
WHEREAS, Robert B. Nixon and willis Carlisle have
filed a petition requestiQg that the City of Ammon approve
the creation or a Plan Dwelling Group pu.rsudnt to Section
11-5-27 of the Ammon City Ordi.nances within a certain por-
tion of the Monty Howell Addition to the City of l\mmon I
and
,
tvHEREAS, said petition further requests t.hat the
City vacate Nikkole Oiive with the property to revert to
the adjoring owners thereof and to relocate 1.or.ie Str.eet
within said Addition, and amend the recorded pldt 0'. said
Monty Howell Addition to properly reflect the chi:tnqcr:; made
thereto, and
WHEREh5, the City Council and Mayor have found that.
said vacation and relocation shall not interfere v;H:h the publl c:
use and that the same have not been opened or subject to
use and the vacation. of such street and right-of-w~y is
deemed expedient for the public good and have determined
that it is ill the best interest of the City of l\mmon to
approve such requests, subject to the condition thnt the
developers shall comply with any and all enqiTlE'crinq n'l-
quirements now in effect or hereafter imposed with respect
to sai.d Planned Dwelling Group and relocation r')f LfJr; e Stn'(:t
within said Monty Howell Addition, and that th(:.: an'u vacated
revert to the ownership of the ownerH of the adj<:lcent pro[)(:::rti ,,~~
one-half (~) on each side thereof.
NOW, THEREFORE, BE. IT RgSOLVED by the t/l.:lyor tllld C i. tJ'
Council of the City of Ammon, Idaho:
1. That there is hereby credted a Planner) DwvlliIlq
Group pursuant to 5ection 11-5-27 of thc: l-l.mmon Ci t.y ()rdinallcr,c.,
with respect to that portion of the Monty Howell ~ddj tion Lo
the City of Ammon more particularly described uS fol:Jo'Ns:
~~1
Beginning at a point that is 51:19026' 05"
E along the section line 1071.17 fHet Clnu
NOo 12 I 35" E 442.20 feet from the 5ClUt.h-
west corner of section 22 T. ~N, R. 38
E.B.M. and running thence N89047'2';" N
719.07 feet, thence N220 30' 13" ,.; 294.82
feet, thenceN3033'52" E. 391.71 feet,
thence 589047'25" E 120.00 fc~et, th(.::ncc
Noo12'3511 E 42.00 feet, thence 589047'25" E
360.00 feet, thence 50012'35"W 70.00 feet,
thence 589047'25" E 330.00 feet, thence 50012'25"
W 635.00 feet to the point of beginning, con-
taining 12.35 acres.
.
2. 'l'hat Nikkole Dri VH wi thin the above dC:lSCI.ibf~d por-
tioll of said Monty HOWell Addition to the City of Ammon
may be, and hereby 1s,.vacated in accordance with Section
50-JIll and 50-130GA of the Idaho Code, with the ownership
thereof reverting to the owners bf adjacent propert~.i.es one-
half (~) OIl each side thereof and said street beinq lIIon:'
particularly described as follows:
Beginning at a point that is 889026'05" E
715.2~ .feet and Noo29'51" E 546.55 feet from
the,.S.N . corner of Section 22, T. 2 N., }{.
38 E.D .M.said point being a point of C\lrV(~
with a radius of 20.00 feet and a chord that.
bears B 44030'09" W, thence to the left along
said.curve 31.42 feet to a point of tangency,
thence N89030'09" W 165.23 feet to a point of
curve. with a radius of 152.51 feet and a chord
tha.tbears N44038'47" wt thence to the right ,
along. said curve 238.80 feet to a point of
~~:;::~~9:~;~~~" N~. ~~: ~r f=e:~ 5 ~ ~~ h~:e; ~,. )\
12'35" w 425.00 feet to a poiut_ of curve
with a radius of 92.51 feet and a chord that
bears S44038'47" E~ thence to the left along
said curve 144.86 feet to a point of tangency
S89u30'10" E 165.23 feet to a point of curve
with a radius of 20.00 feet and a chord that
bears N45029'51" E: thence to the left along
said curve 31.42 feet to a point of tangency;
thence S0029'51" W 100.00 feet to the point of
beginning, containing J..l09 acres.
3. 'I'hatLorieStt'eet within said Monty Howell ..'\deH t,:i.or.
<:0 the Ci ty.of Anunon, may be, and hereby is, r.~-l()ca tcd t,o
a point North of 1 ts present boundaries with in said NOl. t'1
How(:!ll Addition to the City of Ammon, as sllCl 11 be /lIon,' pil t t-,
jocularly shown on the recorded plat th(.~r<:)of to be fU (~d
with tl~..e County Recorder's officE;! fOl: J3ollncvilh~ COilll~.Y, Idnil", J
the present location of said Lorie Street beioCJ mor0 [J;\rt'icu-
l.<uly de!'icr.ilied ctS folJow5:
Beginning at a point that is 589026'05" E
1071.17 feet and Noo12'35" E 897.20 feet
from the S.W. corner of Section 22, T. 2N.,
R38 E.B.M., and running thence Noo12'35"
E 60.00 feet, thence N 89047'25" W 310.00
feet toa point of curve with a radius of
20.00 feet and a chord that bears N44047'25"
W, thence to the right along said curve
31.42 feet to a point of curve with a radius
of 685.65 feet and a chord that bears 54006'
37~' E, thence to the left along said curve
103.40 feet to a point of curve with a radius
of 20.00 feet and a chord that bears N40053'
23" E~ thence to the right along said curve
34.43 feet to a point of tangency~ thence
589047'25" E 302.45 feet to the point of
beginning, cont~ining 0.456 acres.
PASSED by the City Council and approved by the Mayor tit
this 14th day of September, 1977.
sl George Wehmann
MAYOR
ATTE5?: 6' ,
.'X'
~~~<>7t.- ~
51 Deon Hemingw ~
CITY CLERK
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September 21, 1977 · l
motion carried. Also considered was a request for a variance by Edward
Fetz 1880 Eagle Drive, to construct an enclosed entry on his house
tQ2; feet from the front property l'ine. The written approval of the
neighbors on each side was aCknowledged. Councilman Lee moved to grant
the variance as stated on the application. The motion was seconded by
Councilman Swensen; voting was Lee, yes; Swensen, yes; Dille, yes;
Anderson, yes; motion carried.
Garth Cunningham and Craig Thomsen reviewed the progress of the dev-
elopment plans for Tie Breaker Village Division No. I, and everything
was felt to be in order so that action could be considered on the an-
nexation of that new subdivision. An ordinance for this purpose was
designated as Ordinance No. 151. Councilman Lee moved to waive the
first and second readings of Ordinance No. 151, and to place it on the
third and final reading. The motion was seconded by Councilwoman Dille;
voting was all in favor; motion carried. Ordinance No. 151 was read in
full by Mayor Wehmann. Councilman Swensen moved to approve Ordinance
No. 151, an;Ordinance Annexing Tie Breaker Village Division No., on its
third and final reading. The motion was seconded by Councilman Lee;
voting was unanimously in favor; motion carried and Ordinance No. 151
adopted. It was noted that the official plat will be signed after the
Annexation Ordinance is published and recorded.
In connection with the City General Election coming up on November 8, the
need to appoint deputy registrars was brought up to the attention of the
Council. Councilman Anderson moved to appoint Marian Perrenoud and Aleen
Jensen to be deputy registrars. The motion was seconded by Councilwoman
Dille; voting was all in favor; motion carried.
Thp Appropriation Ordinance for Fiscal Year 1978 was presented to the
Council for action, and was designated as Ordinance No. 152. Councilwoman
Dille moved to waive the first and second readings and to place Ordinance
No. 152 on its third and final reading. The motion was seconded by Council
man Lee; voting was all in favor; motion carried. Councilman Lee moved
to approve Ordinance No. 152, known as the Annual Appropriation Ordinance
for the City of Ammon, as read. The motion was seconded by Councilman
Swensen; voting was all in favor; motion carried.
A bid for the City Auditor work was taken Under consideration. Council-
man Swensen moved to retain the firm of Galusha, Higgins, and Galusha to
audi t the Fiscal ,Year 1977 records as per their proposal of $2,500. The
motion was seconded by Councilman Lee; voting was all in favor; motion
carried.
Councilman Lee moved to adopt the following resolution:
RESOLUTION
WHER&~S, the Ordinances of the City of i\mmon (4-3-5'and 8-2-19)pro-
vide that the City Officials may establish water rates and a fee for
the collection of garbage by resolution;
AND WHEREAS, it has been determined that the costs of providing
water and garbage collection service have increased;
NOW THEREFORE, be it resolved by the Mayor and City
City of Ammon that the water rates, effective October
follows:
Residential
Outside City
Apartments
Eastgate Mobile Village
Metered
Special:
Council of the
1, 1977, be as
$ 6.50/month
12.50/month
3.50/month
3. SO/month
.35/1,000
39.00/month
gallons
Super Market, 2300 E. 17th
Soft water business
FURTHER RESOLVED, that the fee for collection of garbage, effect-
ive October 1, 1977, be as follows:
Residential
Apartments
Eastgate Mobile Village
Special: Super Market, 2300 E. 17th
The motion was seconded by Councilwoman Dille;
motion carried.
$ 2.50/month
2. SO/month
1.50/month
26.00/month
voting was all in
favor;
298
September 21; 1977
REPOR TS
Councilman Swensen reported that the needed patching on Ammon Road has been
done, and that the cement is falling~away from some of the manhole covers
on Ammon Road so that that problem should be taken care of.
According to Councilman Anderson, the Ammon School gym has been reserved
for the basketball season. He mentioned that there is a need for a stop
sign at the northwest corner of McCowin Park.
The matter of a ,littering complaint against Mr. and Mrs. Jay Simpson, 2045
Dove Drive, was brought up by Councilwoman Dille, and it was noted that a
letter had been sent by the City Attorn~y and the property is to be in-
spected on September 26 to determine if further action is necessary. It
was requested that a similar letter be sent to Alton Nebeker, 2985 E. 17th
Street, with a copy to the Farmers Home Administration.
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Attorney Nelson recommended that the City Code sections referring to Uni-
form Building Code (Title IV Chapter 7) and Motor Vehicle Laws (Title X
Chapter 1} be amended to adopt the 1976 and subsequent editions of these
regulations, and presented ordinances prepared for this purpose. Council~
woman Dille moved to waive the first and second readings of Ordinance No.
153, an Ordinance referring to the Uniform Building Code, and to place it
on the third and final reading. The motion was seconded by Councilman
Swensen; voting was all in favor; motion carried. Ordinance No. 153 was
read in full. Councilman Swensen moved to adopt Ordinance No. 153 on the
third and final reading. The motion was seconded by Councilwoman Dille;
voting was all in favor; motion carried. Councilman Lee moved to waive
the first and second readings of Ordinance No. 154, an Ordinance refer~
ring to Motor Vehicle Laws, and to place it on the third and final read-
ing. The motion was seconded by Councilwoman Dille; voting was all in
favor; motion carried. Ordinance No. 154 was read in full. Councilwoman
Dille moved to adopt Ordinance No. 154 on the third and final reading.
The motion was seconded by Councilman Swensen; voting was all in favor;
motion carried.
A plat of a proposed new subdivision in ttie county, to be known as Lincoln
Park and located on the 'east side of Ammon-Lincoln Road one-half mile
north of First Street, was displayed by Enqineer Benton for review and
courtesy approval, and the Council members indicated no problem with the
plat but acknowledged no jurisdiction since the loca.tion is more that
one mi~e from the present City limits.
I
M~yOr Wehmann stated that the City has sufficient funds on hand to make
the annual payment on the Water and Sewer Bond to the Farmers Home Admin-
istration now instead of waiting until December, and the Council approved
of this action. It was reported by Mayor Wehmann that a letter from the
U.S. Interior Secretary, Cecil Andrus, assures that the Ririe Dam is safe,
and advises that contact with the Federal Power Administration is necessary
in order to find out about generating power at that location. Recommendations
made as a result of a recent inspection by the Safety Engineer of the City's
insurance company were reviewed with special mention being made of a requir-
ment to get a check each year on the driving habits of the employees who
drive City vehicles, and the men will be informed about this; also it was
recommended that there should be a regular maintenance program for the
vehicles with a log to be kept, and Elmer Wilson has been contacted about I
checking the vehicles and instructing the employees regarding special work
that needs to be done. Mayor Wehmann noted that an inquiry has been made
relative to building a pet clinic on the north side of 17th Street in the
present business area, so a copy of an ordinance used by the City of Idaho
Falls regarding such matters has been obtained to serve as a guide if this
proposal is pursued further. It was mentioned by Mayor Wehmann that he
expects to recommend a change in the City's deposit policy in the future
in view of regulations to be put on private utilities which he learned
about by attending a recent IPUC hearing in Boise. He advised the Council
that, prior to the building permiV,being issued for the 40-unit aQartment
complex to be constructed in the Maiben Jones Addition, it was necessary
to work with the owner to~t plans changed so that the required larger
water and sewer lines and the recommended number of fire hydrants would be
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September 21, 1977
installed. It was pointed out that Attorney Anderson is making contact
with Fred Kvarfordt and Wayne Peterson on the title for Well #5 so that
final payment can be made. Mayor Wehmann requested that Council members
report to h~m if they observe the nee~ for street repair within the next
week so that this can be taken care of while the weather is still good
for patching, and he mentioned that the concrete work which is to be done
on sidewalks and curbs and gutters at several locations throughout the
City should be completed ri9ht away also.
Regarding unfinished business, Councilwoman Dille referred to a vacancy
on the Plannin9 and Zoning Commission, and Mayor Wehmann suggested that
something be done by the City for Joseph Wenger in appreciation of all
the time and effort he put into assisting the City on the Utah Power &
Light. case. Councilman Swensen noted that a bid of around $3,000 has been
received from Lynn Reiman for a complete repair of the City Building roof,
compared to a $400 bid from another individual to repair only the part
that is bad at this time, and it was recommended that Mr. Reiman be given
an opportunity to bid on the partial job before making a decision. Re-
garding the problem of fences in the easement for access to the 17th St.
storm sewer station, Mayor Wehmann reported that a letter is being prepared
to send to the property owner regarding this matter.
Regarding the continuation of the Public Hearing on Mountain Valley Estates,
which was to have been conducted on this date, it was noted that neither
the developer or Douglas Hall, who has a special interest, were present.
Councilwoman Dille moved to recess said hearing until October 5, 1977.
The motion was seconded by Councilman Swensen; the voting was Dille, yes;
Swnsen, yes; Lee, abstained; motion carried.
Claims were approved for payment. Councilwoman Dille moved to adjourn;
the motion was seconded by Councilman Lee; the meeting was adjourned at
11:00 P.M. /~'~~~R///;>Ld'?NN
A~~r
r ' CI' CL~RK
CITY OF AMMON
October 5, 1977
Minutes of the Regular Meeting of the Mayor and City Council and a
Continuation Hearing on Mountain Valley Estates:
The following City Officials were
Mayor George Wehmann
Councilman Marvin J. Anderson
Councilwoman Carol A. Dille
Councilman Francis Lee
Councilman Russell N. Swensen
present:
Office Clerk Aleen Jensen
Asst. Engineer Robert Butler
Attorney W. Joe Anderson
Others present were: Rod Blossom, Benton Engineering, and H. Dwight
Whittaker--both representing Mountain Valley Estates; Douglas Hall, pro-
perty owner adjacent to Mountain Valley Estates; and Roland T. Romrell
came in for a few minutes near the end of the regular meeting.
The Continuation Hearing was called to order at 7:30 P.M. by Mayor George
Wehmann. Due to conflict of interest, Councilman Francis Lee exempted
himself from the hearing on Mountain Valley Estates. H.od Blossom and H.
Dwight Whittaker presented the preliminary plat for the new development.
The need to annex a small portion of the railroad right-or-way and a rail-
road crossing at Wanda Street, approximately midway between 17th Street
and Sunnyside Road, was discussed. The development comes within 300 feet
of the Bonneville-Iona Sewer District and Mr. Whittaker pointed out where
the sewer line would be. Discussion followed concerning whether or not
homes would be required to hook on to the sewer. The County has the re-
quirement to hook on to the sewer if the property is within 300 feet. In
discussing whether or not a property owner would be forced to hook on, the
example of property owners on Sunnyside Road being required to hook on to
the Idaho Falls sewer was cited. The reason for this action was not known,