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Council Minutes 11/02/1977 I ~ o en r-\ CO CO I I 307 October 19, 1977 recommendation that the plat and requested zoning be approved. Council;.,.; woman Dille noted that the Planning and Zoning Commission also reviewed the proposed plat of Tie Breaker Village Division No.2, and recommended that the school site be lett at this time and included in the development of Division No.4. Mayor Wehmann indicated that he would write to the School Board about planning for schools in the City's impact area. It was mentioned that the Planning Commission members suggested that a policy be established relative to areas for parks, such as having developers give land to the City for parks or ha~ing buyers of lots pay a surcharge for the purchase of park property. Mayor Wehmann pointed out that there is a need for a water connection fee such as is charged for sewer connections, in or~ der to accumulate funds for future additions to the water system. Engineer Butler was asked to make a study on the projected needs for water as a basis for determining what would be appropriate as a water connection fee. According to Councilman Lee, he has been informed by the County that there will be no trucks large enough to mount the snow plow on released until spring. Also, he talked to the County people about taking care of traffic signs in Ammon, as was mentioned in a previous meeting, and was told that a letter of agreement would be needed in order to make aggangements on that. Councilman Swensen pointed out that the coupon books for the City's utility billing will be ready by November 10, and it was recommended that 2000 of these be printed. A report given by Enqineer Butler indicted that the ease- ment agreement for access to Well #5 has been signed by property owner Darryl Harris and will be put in the City files as soon as it is recorded. Regarding cleaning the sand out of the water storage tank, Engineer Butler mentioned that he will try to get a pump from an industrial rental business, and that it has been suggested that the use of a crane and bucket be tried, so this possibility will be in/estigated. In connection with the sewer me- tering equipment, Engineer Butler noted that it has been in operation for some time, but the representative of Waterworks Equipment Company has never taken care of getting it properly calibrayed, and Mayor Wehmann expresed the feeling that this matter should be taken to court. It was mentioned by Mayor Wehmann that he has written a letter to the City Engineer outlining a schedule for the paving work on Southwick Lane and Midway Avenue. The City Clerk reported claims to pay in the amount of $6,475.95 and a balance in the General Fund checkinJ account of $15,795.02. The need to set an ending date for the summer watering regulations was brought to the attention of the Council by Mayor Wehmann. Councilwoman Dille moved to take the watering regulations off as of November 1. The motion was seconded by Councilman Swensen; voting was Dille, yes; Swensen, yes; Anderson, yes; Lee, no; motion carried. Mayor Wehmann pointed out that the law enforcement contract for fiscal year is being readied for signature. He mentioned that there is work needed to be done around the ditch culvert clean-out on Romrell Lane, and that the arrangements have been made to fix the gas heater in Well #1 pumphouse so that it will meet safety standards. Regarding the boat that was parked in the street at the Brent Peterson residence, 2255 Midway Avenue, lvlayor Wehmann reported that it was moved after a letter was sent to Mr. Peterson. In other business, Councilman Lee inquired about the amount and cost of extra concrete which was poured at Lester Tovey's,lffiO Bittern Drive, and it was mentioned that the County has installed stop signs on the streets in Jennie Jean Estates. Claims were approved for payment. Councilman Lee moved to adjourn, seconded by Councilman Anderson; the meeting was adjourned at 10:00 P.M. (7 f /,/// // .~~/ /(<,// h'cY n:'j-;. . OR 4'~~LERK CI IT OF AMMON November 2, 1977 Minutes of a special Public Hearing Meeting of the City Council: The 'meeting was called to order at 7:35 P.M. by Council President Russell , N. Swensen (in the absence of Mayor Wehmann) with the following City Offic~ ials present: Council President Russell N. Swensen Clerk Deon Hemingway 308 November 2, 1977 Councilwoman Carol A. Dille Attorney W. Joe Anderson Councilman Marvin J. Anderson Engineer David E. Benton Councilman Francis Lee (arrived at 8:30 P.M.) (Mayor George Wehmann excused; in Boise for meeting called by Governor) The meeting was opened as a Public Hearing on the Area bf City Impact for Land Use Planning, and a written roll listed the following owners of pro- perty outside the City Limits as being present: Kelly Norman, Rt. 7 Box 105 Logan Bee, Rt. 7 Box 94 A.R. Harris, Rt. 7 Box 106 C.A. Holm, Rt. 7 Box 121 Tom Tawzer, Rt. 7 Box 110B Jack Bailey, Rt. 7 Box 150 Elmer H. Tawzer, Rt.7 Box 110 Jeaniene Empey, Rt. 7 Box 96 Orrin Myler, Rt. 7 Box 107 Paul Empey, Rt. 7 Box 96 Lawrence Ricks, 1021 So. 3500 E. Donna Robertson, Rt. 7 Box 90 . Derrald Ricks, Rt. 7 Box 5 Diana Robertson, Ht. 7 Box 90 Councilman Swensen explained that the hearing was being held to comply with the Land Use Act passed by the State Legislature in 1975, and that the purpose of determining an area of city impact is to come to an agree- ment between counties and cities and between adjacent cities in the matter of jurisdiction regarding development standards for new subdivisions on land outside of city boundaries to promote orderly growth. (A~ a point of record, previous hearings on this were held by the Planning and Zoning Commission on March 15, 1977, and by the City Council on April 20, 1977, but since the matter has not yet been finalized with the County and there is now a substantial change proposed in the Ammon Impact Area, a new hearing was required.) It was noted by Councilman Swensen that agreement has been reached with the City of Idaho Falls on the west boundary of city impact, ~d he pointed this line out on a large for which public input is requested. There were questions concerning what the impact area would mean in the matter of taxes, building permits, etc., and it was made plain that there will be no effect except for establishing the right of the City of Ammon to review and make recommendations on plats submitted to the county, or in the event of an annexation if requested-when agricultural land adjacent to the City is dev- eloped fO. r residential use. Regarding input about where the eastern bOUndarYI should be, there was some objection to the proposal to go 1~ miles past Crowley Road, but with the expression of understanding that growth is com- ing, so there was no serious objection to giving Ammon jurisdiction so that development in that direction will be compatible with Ammon's ordinances and standards. When the people in attendance had no further questions or comments, Councilwoman Dille moved to recess the hearing until later in the evening at which time the Council would consider making a decision on the Area of City Impact. The motion was seconded by Councilman Anderson; vot- ing was all in favor; motion carried. I Minutes of a Special Hearing before the City Council in the matter of a nuisance (littering) complaint filed against Mr. and ~tr. Jay Simpson, ten- ants, and Mr. and Mrs. Fred Blair, landlords, of the property at 2045 Dove Drive. Those present other than the City Officials listed above were: Marian Simpson, 2045 Dove Dr., Michael R. and Sandra Berg, 2040 Dove Dr., Michael and Janice Forman, 2060 Dove Dr., Gayle Cooper, 2025 Dove Dr. At the request of Cotincilman S~ensen, the hearing was conducted by Attorney Anderson, who stated that the Council felt that there was cause to have an explanation as to why the condition of the described property should not be found to be a nuisance, and that the State Statutes give the Council power to do this. A statement by Mrs. Simpson-indicated that she had not been able to do much of the requested clean-up because of health problems and I that her husband is not allowed to come home due to a recent court ruling. In answer to a question by Attorney Anderson about what things of value were in the yard, Mrs. Simpson said that there was only a pickup, a camper, and a dog house that the family would want to keep and that she would be willing to have all the other things cleaned up for junk. Attorney Anderson advised that having this statement recorded in these minutes would be of- ficial release by the Simpsons on all items except those so listed in the event that it becomes necessary for the City employees to do the cleaning up. In response to an inquiry by Councilwoman Dille about whether or not the landlord, Fred Blair, had given any indication that he would help, Mrs. Sim- pson acknowledged that Mrs. Blair said that she would come and help. Council- man Swensen mentioned that he had a call from Mr. Simpson's mother, Louise Simpson, who stated that Jay Simpson was in her custGdy and that he does want the pickup and camper. The neighboring property owners were then given I ~ o rs;, ~. co CO I I November 2,31~~ an opportunity to be heard. Michael Berg, who originally brought the com- plaint against the Simpsons, stated that the condition has existed for a long time and that it has taken several months for the action to get to this point. He noted that there was some improvement after the City first gave the Simpsonsnotice, .but then it became worse later. , When Attorney Ander- son ~sked if there were other things that were offensive to him, he men- tioned the number of people that were at the Simpson's for quite a long time, the noise during the nights in the summer, and the effect that the yard situation has on the property value in the neighborhood. Mrs. Berg, who noted that they live across the street from the Simpsons, voiced objection to the obscenities of language which the Simpson family and other people who came there use, which makes it so that she does not let her children play in the front yard, and also to the wreckless driving which makes it unsafe for children. The other neighbors made similar remarks, and expressed a desire to have the premises cleaned up to the standards of the street. Councilwoman Dille ,inquired of Attorney Anderson if the pro- cedure that has been used of writing le~ters before calling a hearing could be shortened if the Simpson's allow the littering problem to happen again, and she was told the the matter could be brought to a hearing immediately upon being called to the attention of the Council. According to Council- man Swensen, Mr. and Mrs, Blair, who were also given notice to appear at this hearing, had advised him that they were not able to attend due to a previous out-of-town commitment. He questioned Mrs. Simpson about a state- ment made by Mrs. Blair that a 30-day notice to move had been given, and Mrs. Simpson replied that she had paid the rent and was told that they could stay. Councilman Lee inquired about the responsiblity of the landlord to paint and keep up the outside of rental homes, and was informed by Attorney Anderson that there is no control over that. Councilwoman Pille moved that the City Council does SO find that there is a nuisance at 2045 Dove Drive in the City of Ammon. The motion was seconded by Councilman Anderson; votin~ was all in favor; motion carried. Councilwoman Dille moved that, since it has been determined that there is a nuisance, that Mr. and Mrs. Jay Simpson and Mr. and Mr,S. Fred Blair be directed to clean up the property to a satis-' factory condition by the time of the next Council Meeting and at such time, if this has hot been done, the City crew is to be sent over to do the work with the bill to be sent to Mr. Fred Blair. The motion was seconded by C~u~cilman Lee. Councilman Lee moved to amend the motion to Change the wording "next Council Meeting" to "November 16, 1977". The motion was seconded by Councilman Anderson; voting was all in favor; amendment passed. Voting on the moti~n as amended was all in favor; motion carried. Mrs. Simpson reminded the Council1h.at Mr. Simpson would not be able to come and help under the terms of his parole, and it was explained that his name had been used in the motion only because he was listed on the Official Notice of Hearing. Councilwoman Dille recommended that a letter with return receipt requested be sent to Mr. Blair immedia~ly, and Attorney Anderson agreed to do' this. The Council members are to inspect the property on November 16th so that a determination can be made abou~ the City's responsibility in the matter, Minutes of the Regular Meeting of the City Council: The meeting was called to order at 9:20 P.M. by Council President Russell, N. Swensen, with City Officials present listed above. The pledge of alleg~ iance to the flag was conducted by Councilman Swensen and the invocation was offered by Counailwoman Dille. Minutes of the Special Meeting on September 14, 1977, were approved as prepared.: Councilwoman Bille moved to re-open the discussion on the Impact Area. The motion was seconded by Councilman Lee; voting was all in favor; motion carried. Councilman Swensen commented that he felt ~hat the people who were present at the hearing were mostly here for information rather than because of oppositton. Councilman Lee moved to accept the Impact Area as indicated on the map, starting from Township Road on the south to one~half mile north of 1st Street on the north, with the eastern boundary being one and one- half miles east of Crowley Road and the western boun~ary following Sand Creek from one-half mile north of 1st Street to one-half mile north of 17th Street, thence west of Sand Creek along the future ~xtension of Hackman Rd. to a point approximately one-half mile south of 17th Street, thence along Sand Creek again to Township Road. The motion was seconded by Counci~woman Dille; voting was Lee, yes; Dille, yes; Anderson, yes; Swensen, ~s; l1Dt~on carried. I 1310 November 2, 1977 REPORTS Councilwoman Dille noted that the Amimal Control Report,ror the month or September listed 14 dogs impounded from Ammon, which is an improvement over previous months and speaks will for the new officer. The regular Law Enforcement Report for the month of September was also reviewed. Attorney Anderson disdributed copies of the rev.ised agreement with the Iona-Eonneville Sewer District as recommended in the study made by the engineering firm of CH2M, and pointed out that this has been approved by the Sewer District officials and action is needed by the City of Ammon as soon as possible. It was noted that Benton Engineers recommends going ahead with the revised agreement even though it is different from the original one. Another matter brought to the attention of the Council by Attorney Anderson was in connection with business with the Bank of Commerce relative to L.I.D. #6 and L.I.D. #7 interim warrants "and bonds as indicated on claims submitted. I Engineer Benton reported that B & W Equipment has quoted a maximum figure of $6,133 to repair the deep-well pump'at Well #6, and Councilman Lee re- commended that the work be authorized on this basis. Regarding getting the sand cleaned out of the water storage tank, Engineer Benton noted that there has been no results in trying to locate equipment to do the job, and Councilman Swensen agreed to make arrangements for the uSe of a special farm pump which he believed.would be satisfactory for this purpose. "It was recommended by Engineer Benton that the sewer meter station equipment, which has never worked properly, be replaced with the kind of equipment which is planned for the Iona-Bonneville Sewer District meter station. He stated that H-K Contractors have been contacted about this, and that he could get costs for approval. The Council members indicated agreement on this proposal, and Councilman Lee remarked that H-K Contractors should make some allowance since they did n0t fulfill their part on the sewer con- struction contract in connection with the metering station. According to Engineer Benton, the officials of the IBSD are trying to get approval on the line from 17th Street north to 1st Street immediately in order to hook on Mobilehomes Estates and the Cloverdale subdivision in the near future, so it is necessary to get the meter station in operation as soon as possible. A report by the City Clerk listed claims to pay in the amount of $~ffi6.94 and a General Fund checking account balance of $26,695.72, noting that funds will be available for investing~ I Councilman Swensen noted that the proof for the coupon books has been checked and sent back to the printer, so the books will be availble in time for the billing for November services to be paid on December 10th. Claims were approved for payment. Councilwoman Dille moved to adjourn; seconded by Councilman Lee; the meeting was adjourned at 10:10 P.M'. ~~f~~~' " ~;,I',--~ .I. ~ ~?"'/Y"~_'- --v) C~K i/ CITY OF AMMON November 12, 1977 Minutes of a Special 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. Councilman Russell N. Swensen Councilwoman Carol A. Dille Mayor Wehmann announced that the purpose of the special meeting was to can- vas the ballots for the Municipal Election held November~ N77. The counts were verified for the various candidates and the tallies were found to ge correct as follows: Marvin J. Anderson David Rowberry Russell N. Swensen Councilwoman Pille moved to accept seconde ,"by ~(Jl?ilman ~ Le~; motion t.-V<J';1 ~ v~ /~'-V; CITY CLER Councilman Marvin J. Anderson Councilman Francis Lee I 244 394 373 the tallies as recorded; the motion was carried. &eeting ~~ourned. 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