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Council Minutes 03/01/1978 (2) March 1, 1978 28 CITY OF AMMON March 1, 1978 Minutes or a Special (Public Hearing) Meeting or the Mayor and City Council: The meeting was called to order at 7:35 P.M. by Mayor George the following City Officials present: Mayor George Wehmann Councilman Russell N. Swensen Councilwoman Carol A. Dille Councilman Francis Lee Councilman David R. Rowberry We hmann wi th Clerk Deon Hemingway Asst. Attorney Douglas Nelson Engineer David E. Benton Mayor Wehmann announced that the purpose of the meeting was to continue from February 1, 1978, the public hearing on the proposed annexation and initial zoning of Meadow Lark Estates Division NO.2. It was noted that one adjacent property owner had appeared at the previous meeting to question the R-3A zoning along 17th Street. Councilman Rowberry reported that his contact with Joseph Groberg, developer, indicated that priority use of this area would be for professional buildings, with the building or apartments or single family dwellings coming in that order for intended use or the land. The possibility of establishing a new zone for pro- fessional buildings only, as-is being considered in the City of Idaho Falls, was discussed, and it was determined that such action would require some length of time to go through public hearings and adopting of an amendment to the zoning ordinance, so it was relt to be impractical to delay action on the- subdivision under consideration in order to put this more restrict~ ive zoning into effect. There being no interested parties present to make further comment, Councilman Rowberry moved to accept Meadow Lark Estates Division No.2 for annexation with initial zoning of R-l and R-3A as re- quested and shown on the plat, and as recommended by the Planning and Zoning Commission. The motion was seconded by Councilman Swensen; voting was all in favor; motion carried. I The public hearing was closed at 7:50 P.M. /1 I /v~41't Uih~'1/ Mayor I ~~~ Ci ty Clerk -' CITY OF AMMON March 1, 1978 Minutes or the Regular Meeting of the Mayor and City ~uncil: The meeting was called to order at 7:50 P.M. by Mayor George Wehmann, with the following City Officials present: Mayor George Wehmann _Councilman Russell N. Swensen Councilwoman Carol A. Dille Councilman Francis Lee Councilman David R. Rowberry Others present were Thomas Meade, and Scouts Brett Pickett and Mike Biddulph. The pledge of allegiance to the flag was conducted by Mayor Wehmann, the invocation was offered by Councilwoman Dille. Minutes of the meeting on October 19, 1977, were approved as prepared. Minutes of the special pub- lic hearing on February 1, 1978, and the regular meeting on February 1, 1978, were approved as prepared. Clerk Deon Hemingway Asst. At torney Douglas Nel son Engineer David E. Benton Maint. Supv. LaVern E. Williams I An application for a variance of 2t feet in order to build an attached garage 5 feet rrom the property line (~he zoning ordinance requires 7t reet or sideyard in an R-l zone) submitted by Thomas Meade, 3455 Rich Lane, was presented ror consideration and was round to be in order, including the signature of the adjoining neighbor. Councilman Lee moved to grant the variance as requested in the application. The motion was seconded by Councilman Rowberry; voting was ~ee, yes; Rowberry, yes; Dille, yes; Swen- sen, yes; motion carried. March 1, 1978 I Details of the final plat of Monty Howell Addition Division No.2 as 2n presented by Engineer Benton, representing the developer, were discussed, and it was noted that the Planning and Zoning Commission acted on this at their February 21st meeting and recommended acceptance. Engineer Benton explained that all streets except one will have a 60-foot right-of-wa~ and curb and gutter will be installed. He pointed out that this division goes to the half mile between 17th Street and 1st Street and that the boundary along Sand Creek has been designated to be a straight line instead of following the existing stream so that the creek can be moved over in the future, which is expected to be. done when the lutt-Hackman Road is completed in that location. M~or Wehmann expressed concern about leaving a vacant area there to grow into weeds, e~c. It was requested that the annexation agreement specify that turn-arounds with a radius of 50 feet be provided on each deadend street and that water meters will be required. Councilwoman Dille moved to approve the final plat of Monty Howell Addition Division #2 as presented. The motion was seconded by Councilman Swensen; voting was all in favor; motion carried unanimously. With reference to the required inspection of the 17th Street Sand Creek bridge, the following resolution was read by Mayor Wehmann: ~ (0 (' o <r <( ) RESOLUTION WHEREAS, the Idaho Transportation Department, Division of Highways, hereinafter called the State, has submitted a Cooperatiye Agreement stating obligations of the State and the City of Ammon, Idaho, for the Bridge Inspection System, under Federal Aid Project BR-NBIS; and WHEREAS, the State is responsible for obtaining compliance with laws, standards and procedural policies in the develop- ment, construction and maintenance of improvements made to the Federal Aid Highway System when there is Federal par- tidipation in the costs; and WHEREAS, certain functions to be performed by the State involve the expenditure of funds as set forth in the Coop- erative Agreement; and WHEREAS, the State cannot pay for any work not associated with the State Highway System; and WHEREAS, the City is fully responsible for all project costs; and WHEREAS, it is intended that the project shall be developed and constructed so as to receive Federal Participation; NOW, THEREFORE, BE IT RESOLVED: 1. That the Cooperative-Agreement for Federal Highway Project BR-NBIS-806 is hereby approved. 2. That the Mayor and the City Clerk are hereby authorized to execute the Cooperative Agreement on behalf of the City. 3. That duly certified copies of the resolution shall be furnished the Idaho Transportation Department, Division of Highways. I Councilman Swensen moved to adopt the resolution as read. The motion was seconded by Councilman Rowberry; voting was all in favor; motion carried and resolution approved. I An explanation was made by the City Clerk regarding a IS-foot sideyard setback problem for the house which is being built by Boyd Thompson at the corner of Sunnyside Road and Rose Dale Lane. It was noted that this had been brought to the City's attention by the building inspector when the footing inspection was made, that there had been a misinterpretation of the zoning ordinance in this matter, and that a 30-foot sideyard should-have been required. The problem was discussed, and the Council members indicated an opinion that a IS-foot sideyard as shown on Mr. Thompson's application for a building permit would be satisfactory, especially considering that this same situation already exists on the lot at the other end of the block. Councilwoman Dille moved to grant a variance for a IS-foot sideyard on the corner lot at Rose Dale Lane and Sunnyside Road. The motion was seconded by Councilman Swensen; voting was all in favor; motion carried. March 1, 1978 30 A claim filed bv Dean Olsen, 3195 Rawson St., for tires ruined when the street collapsed under his moving vehicle due to a broken water main on Hillam Drive, was considered and found to be a valid claim upon examina- tion of the damaged tires. The Council recommended that this matter be referred to the City's insurance company. for payment. Engineer Benton reviewed information prepared by Assistant Engineer Robert Butler regarding the report from the City of Idaho Falls Engineering De- partment on sewer service charges for 1977. He noted that it was felt ad- visable to use metering figures for more days than what the City of Idaho Falls calculations were based on in order to come up with a fair estimate of last year's flow into the treatment plant, and by doing so, the result is a credit for,Ammon on the amount paid during 1977 instead of owing the City of Idaho Falls. The unit rate charged the City of Ammon by the City of Idaho Falls for sewer collection and treatment was also discussed, and it was noted that a revised agreement to set this fee has never been signed. Engineer Benton was asked to prepare a letter to Don Lloyd, Idaho Falls Director of Public Works, to be signed by Mayor Wehmann, listing the find- ings as prepared by Engineer Butler, and requesting that the revised con- tract be made ready within this month. I Regarding the audit, which was reviewed at a meeting on the previous even- ing, Mayor Wehmann mentioned that approval would be appropriate. Council- man Swensen moved to approve the audit for Fiscal Year 1977 as presented by the firm of Galusha, Higgins, and Galusha, CPA. The motion was seconded by Councilman Rowberry; voting was all in favor; motion carried. Mayor Wehmann presented a proposal by Galusha, Higgins, and Galusha to serve as accountants for the City for Fiscal Year 1978 at a fee of $2,750 providing there are no unusual items to audit. Councilman Swensen moved to contract with said firm as auditors for Fiscal Year 1978 as presented in their pro- posal. The motion was seconded by Councilwoman Dille; voting was all in favor; motion carried. Recommendations from the autidor were acted upon as follows: Councilman Swensen moved to establish a separate checking account for L.I.D. No.5; the motion was seconded by Councilwoman Dille; voting was all in favor; motion carried. Councilman Swensen moved to es- tablish separate fund accounts for the Sanitation Department and the Street Department; the motion was seconded by Councilman Lee; voting was all in favor; motion carried. Mayor Wehmann suggested,and the Council members agreed,that no action be taken on the recommendation that a portion of the property taxes be designated for the Stree~ Fund, and the Clerk was asked to determine if the preparation of a monthly financial report as out- lined by the auditor would be feasible. I REPORTS In response to an inquiry by Councilwoman Dille, Attorney Nelson stated that parliamentary rules rules do not.require that the person who makes a motion must vote in favor the the motion. Councilman Lee reported that the insur~nce policy on the firemen should be available soon, and it was recommended that he check to see if the cover- age extends to fi~e fighting under the mutual aid agreement. According to Councilman Rowberry, payment has been~equested on the ~ separator equipment which is being installed at Well #6. It was explained I that there is some electrical work to be done before the system can be put into operation, but Engineer Benton advised that there should be no problem. Councilman Swensen m<?ved to pay M.,:,Hugh Strong for the Sub- mersible Turbine Separator. The motion was seconded 9Y Councilman Row- berry; voting was Swensen, yes; Rowberry, yes; Dille, yes; Lee, no; motion passed. Councilman Rowberry reported that the gate for the storm sewer fence is ready for the County to install, and that Reuben Waters has been contacted about hauling in a load of gravel and grading on Meadow Lane. He reviewed actions taken at the Plannino and Zonino Commission meeting on February 21 by noting that a recommendation was made that Parcel 3, Jennie Jean Estates, and Parcel 4, Fred Kvarfordt and LeMOyne Johnston property, be annexed, and ~hat the hearing on Parcell, LaVern Judy property, be'recessed until the April 21, 1978, meeting. Councilman I ~ (() I'- U <C <t I I March 1, 1978 ~1 Rowberry moved to proceed with the annexation process on Parcels 3 and 4 by scheduling a public hearing before the City Council at 7:30 P.M. on Wednesday, April 5, 1978. The motion was seconded by Councilwoman Dille; voting was all in favor; motion carried. It was felt that there should be no further action at this time on the proposed annexation of Parcel 5, the Hatch property north of 17th Street, since nothing in writing has been received from the property owner. In connection with development of the City north of 17th Street, Engineer Benton pointed out that there will be a need for a sewage lift station there in the future. With further re- ference to the Planning and Zoning Commission meeting, Councilman Rowberry mentioned that the preliminary plat for a new subdivision called West Ammon Estates, located west of the Original Townsite and north of Sunny- side Road, had been reviewed and a public hearing set for April 21, 1978, before the Planning and Zoning Commission. Regarding the re-occurrence of the lit.te~:'i.I}g problem at the Jay Simpson residence, 2045 Dove Dr., Mayor Weh;ann indicated that he had contacted Dr. Groberg of the Health and Welfare Department to see if something can be done from that direction. Mayor Wehmann reported that a letter has been received from Douglas Hall, who is in Sweden, giving further notice that he does not want his property on Crowley Road included in the plat of Mountain Valley Estates or annexed to the City of Ammon; consequently, Engineer Benton was instructed to omit this land and the lot in the north- east corner of the proposed subdivision when the final drawings are pre- pared. It was mentioned that the City still needs to see the approval of the Union Pacific Railroad on the Wanda Street crossing before proceeding with the annexation agreement, etc., on Mountain Valley Estates. Councilwoman Dille brought up the matter of a name for the new park in the eastern part of the City, and it was suggested that she contact former Councilman, Marvin J. Anderson, about what names were submitted in response to the request in the newsletter several months ago. The Council indicated approval of Engineer Benton's recommendation that the advertising for bids for the street work on Southwick Lane and Midway Avenue call for the bid opening to be on April 5, 1978. With reference to the opening of Midway Avenue along the east side of Meadow Lark Estates, Division No.2, Mayor Wehmann requested that Engineer Benton notify the developer that the City needs a letter of request before proceedings to create a Local Improvement District can get under way. Regarding acquiring additional property for the City at the site of Well #3, Engineer Benton agreed to contact Robert Nixon about allowing the City to purchase a por- tion of the land which is known as Falcon Park. A report by the City Clerk listed claims to pay in the amount of $6,722.79, with a General Fund checking account balance of $27,748.50, and delinquent accounts at the end of February totaling $228.50. In other matters of business, Mayor Wehmann indicated that there is a need to revise the City's travel expense schedule. He mentioned receiving a letter signed by a number of Relief Society ladies in this area of town pledging to help with the City clean-up, and noted that he proposes to re- spond with a letter offering to make a City truck available if and when the project gets organized. The Council members were informed by Mayor Wehmann that Ammon is now included on the Idaho Construction Report com- piled by the First Security Bank. A notice from the Progressive Irriga- tion Company requesting that Monty Howell Addition, Div. #2, be taken out of the Irriqation District was called to the attention of Engineer Benton. The date of April 6 was suggested for a time to arrange a dinner for the members of the Planning and Zoning Commission. Mayor Wehmann reported that a man who is qualified as a building inspector is interested in employment with the City, and it was agreed that this possibility should be explored in view of the recent feelings expressed by City of Idaho Falls officials that they would like to terminate providing this service in Ammon. Council- man Swensen indicated that he would prepare the irrigation ditch watering schedule for the coming season and will check with the canal company about cleaning under pridges~ Claims were approved for 8a~?fm.. . Councilwoman Dille m.9Yed to ~~ourn. at 10:35 P.M.; seco d by u c man Swensen. /!~'7t..- Z:G~~?~7 /;h. f-r,-tZn~/ City C er ' ayor CITY OF AMMON March 15, 1978 "32 Minutes of a Special (Public Hearing) Meeting of the Mayor and City Council: The meeting was called to order at 7:50 P.M. by Mayor George Wehmann with the following City Officials present: Mayor George Wehmann Councilman Russell N. Swensen Councilman Francis Lee Councilwoman Carol A. Dille Clerk Deon Hemingway Asst. City Attorney Douglas Nelson Asst. Engineer Robert Butler Maintenance Supervisor LaVern Williams Asst. Maint. Supv. Gene W. Simpson Others present during the meeting were Jim McFarland of the AIC Staff, Craig and Connie Thomsen of PEG Development Corp., and the following students from a Bonneville High School Government Class: Keli Wraspir, Judy Armstrong, Annette Reed, Lisa Jensen, Tracy Skillings, Julie Henderson, Janine Romrell, Mike Barzee, Mike Borg, Andrew Shum- way, Scott Johnson, Jeri Gerrard. The purpose of the meeting was announced as being to conduct a public hearing on-the proposed annexation and zoning of property between the Union Pacific Railroad and City of Ammon subdivisions of Barbara Jean Estates, Peterson Park Addition Division #3, and Maiben Jones Addition, described as Parcel 2 in the legal publication. It was noted that one pro- perty owner within the area, Ernest Martin, had appeared before the meeting started with regard to a letter which he delivered to the City Office earlier in the day. The letter, which was signed by Ernest and Lucille Martin, was read by Mayor Wehmann and summarized as being a statement that the Martins will not protest the annexation of their property if a zoning of I&M-l that is commensurate to the usage of the railroad trackage is established. Mayor Wehmann indicated that he had checked with the City Attorney and the Bonneville Council of Governments personnel and had been advised that it would be appropriate to consider this request and, accordingly, recommended the mentioned zoning for the business properties and R-l on the north portion, which is presently unused. It was noted that the only adjacent property owner present was Councilman Lee, who declared a conflict of interest. Councilman Swensen moved that the City annex Parcel 2, described as the JMJ Elevator, Ernest Martin, and Pumice Incorpor- ated properties, on the west side of the Union Pacific Railroad, and that the initial zoning be I&M-l, with the northern-most section being annexed with initial zoning of R-l. The motion was seconded by Councilwoman Dille; voting was Swensen, yes; Dille, yes; Lee, abstained; motion carried. The public hearing was closed. A ,~~ City Clerk ~/ AJ1?~A-f'--& f Mayor ! /;L. l~.~ 'MAt'/M./' ~ ' " ;'?;?~(/,r--'1 /~ CITY OF AMMON March 15, 1978 Minutes of the Regular Meeting of the Mayor and City Council: The meeting was called to order at 8:00 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. Supervisor LaVern E.Williams Councilman David Rowberry (Arrived 8:45 PM) Asst. Maint. Supv. Gene W. Simpson Others present during the meeting were as listed in the minutes of the Public Hearing above and Michael Berg and friend of 2040 Dove Dr. The pledge of allegiance to the flag was conducted by Councilman Lee and the invocation was offered by Mayor Wehmann. The presence of the Bonneville High School students was recognized by Mayor Wehmann, and he introduced the City Officials to them. The minutes of the public hearing on March 1, 1978, and the minut6s of the regular meeting of March 1, 1978, were approved as prepared. Mayor Wehmann and Attorney Nalson explained that Dr. Groberg of the Department of Health and Welfare and the owner of the property at 2045 Dove Drive are working to have the Simpson family moved out, so the littering problem there should be resolved. Later in the meeting, neighboring property owner, Michael Berg, appeared and was brought up to date on the situation in a private conversation with the Mayor and Attorney Nelson. Councilman Rowberry noted also that he had contacted the Simpson's landlord and was aware that eviction proceedings had started, etc. A littering problem at the Smout residence, 2706 E. 17th Street, was also discussed. Jim McFarland, from the staff of the Association of Idaho Cities, was recognized by Mayor Wehmann and was given an opportunity to review the function of the AIC for the benefit of the students present. I I I