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Council Minutes 04/05/1978 (2) I ~ LO f' U <( <t I I April 5, 1978 Crandall, a member of the Planning and Zoning Commission, at the last hearing; that 35 planning for growth to the east does not seem to be justification for annexation and that the access to the east should have been planned to go through Georgia Lane instead of through Wanda Street; that the services which are provided by the County on street maintenance and snow removal are better than in the City; that they prefer the country atmosphere which they have and some would not even want street lights; that they already have the same benefits as City residents for law enforcement, fire protection, fire in- surance rates, and water rates, so the City has nothing to offer them; that in some cases the extra taxes would be a burden; and that the voice of the majority of the people should have the most effect on the action that is taken. In response to an inquiry, Attorney Anderson advised that the City has the legal right to annex Jennie Jean Estates by the authority of State Statute. After all interested parties, including the Council members, had been given an opportunity to be heard, Mayor Wehmann stated that it was then the re- sponsibility of the Council to~make a ecisiMn~ councilman.Ro~ber~lmo~ed to proceed with . . ;6om..ng l' W"l t verl.av D--anlma Dve ay. D' 1 the annexatlon of Jennle Jean s~a~e~. Tfle 0 lon was seconae Dy oun llwoman II e; voting was Rowberry, yes; Dille, yes; Swensen; yes; Lee, no; the motion was carried by a 3 to 1 vote. There was a question regarding whether this action eliminates the right to due process, and Attorney Anderson explained that the ordinance that annexes can have its validity attacked if desired. The minutes of the Planning and Zoning Commission regarding the ro osed annexation of Parcel 4 (Fred Kvarfordt, LeMoyne Johnston, Calvin Slater Property were reveiwed. With reference to the statement in these minutes about the need to have this area; located immediately south of 17th Street and between Ammon-Lincoln Road and Jennie Jean Estates, in the City so that the waterline can be extended along 17th Street, there was a question by one of the property owners of why this is necessary, and it was explained that a com- plete grid there will provide the necessary pressure for homes on that part of the system. Mayor Wehmann pointed out the need for the City to plan a street pattern through the area in anticipation of future development there. Mr. Kvarfordt and the Johnstons expressed objection to being annexed, and Mr. Kvarfordt suggested that, if annexation does take place, the land along Ammon-Lincoln Road should be zoned for apartments. He also acknow- ledged that he might sell some of his property facing on that street for a church site. Attorney Anderson mentioned that the chain of title on these small farms should be traced to determine if they can be legally annexed. Councilwoman Dille moved to recess the hear- ing on Parcel 4 u~til the n~~t ~eeti~, whic0.~il~ be April,~9, to give the Attorney time to prepare an opinion on the annexation. The motion was seconded by Councilman Rowberry. Councilman Swensen moved to amend the motion by striking out the date of April 19 and in- serting the date of May 3. The motion to amend was seconded by Councilman Rowberry; the voting was all in favor; motion carried. The voting on the amended motion was all in favor; motion carried; the hearing on Parcel 4 was recessed until MayJL. The special public hearing meeting was adjourned at 10:00 P.M. /Pr j~LAA4AA Mayo CITY OF AMMON Apri,l 5, 1978 Minutes of the Regular Meeting of the Mayor and City Council: The meeting was called to order at 10:05 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 Rowberry Others present during the meeting were Clerk Deon Hemingway Attorney W. Joe Anderson Engineer David E. Benton Asst. Engineer Robert Butler Asst. Engineer Brad Nield Asst. Maint. Supv. Gene Simpson Dennis D. Lundberg and John Price. The pledge of allegiance to the flag was conducted by Councilman Swensen; the invocation was offered by Coundilman Lee. The minutes of the Special Meeting on March 15, 1978, were ,'approved as prepared. The minutes of the regular meeting on March 15, 1978, were approved as prepared. Mr. Lundberg explained that hi~ purpose at the meeting was to determine what is necessary t~ obtain a license to serve liquor by the drink in Ammon, since he is looking into the possibility of building a club for a membership of people who like to play pool and where food and liquor would be served. He noted that a location north of 17th Street in the vicinity of the existing shopping center is being considered. Councilman Swensen mentioned that a preliminary check with Attorney Anderson on the procedure for issuing a liquor li- cense indicates that an ordinance would have to be adopted and there would have to be a vote by the citizens on serving liquor by t~'l~ink in the City, but more time is needed to make a thorough research on this. It wa!7tnat further discussion on this subject should be postponed until the April 19th meeting, and the Mayor and Council members ex- pressed the opinion that, if an election is required, the citizens of Ammon would not approve such a proposal. April 5, 1978 -36 An a lication of She lIe was taken under conSl era lone e app lcant, explained that the request is for permission to build a home on a lot immediately east of 3035 Central Avenue with a 72-foot frontage rather than 80 feet as required in an R-l Zone. It was noted that the application shows that the adjoining property owners have been notified, and that Blaine Godfrey indicates non-committal, DeLon Landon who signed the application stating no ob- jection is no longer the owner of one of the adjoining properties, and Rex Purcell who owns the house next door but does not live in it was notified by registeT.ed mail. A letter sent by Mr. Purcell to the Mayor and City Council was read and found to be a statement of objection to the proposal. Councilwoman Dille mentioned that she had been approached on . the matter as a property owner directly across the street, but had not signed because of her position on the Council. She was asked to step down as a voting member on the I Council because of conflict of interest, and stated that she and her husband object to the type of house the realtor plans to build if the variance is granted. Councilman Rowberry reported that he had looked at the lot and felt that it is somewhat small on which to build a home. Councilman Rowberry moved that the Council turn down the re- quest submitted by New Concept Realty for a variance on the parcel of property on the north side of Molen Street between Central Avenue and Meadow Lane. The motion was sec- onded by Councilman Lee. Mr. Price commented that the house that was planned for the lot meets all of the zoning requirements and that the people who are buying the former Landon home have an understanding on this but it has not been put into writing. After further discussion, which pointed out that perhaps the lot could never be used for any purpose if a frontage variance is not granted and that the City had recently approved a similar request for another property owner in the Original Townsite, there was a roll call vote on the motion as follows: Rowberry, yes; Lee, yes; Swensen, yes; motion carried. Later in the meeting, it was decided that Attorney Anderson should check the County records on the history of the lot size with the thought in mind of giving re- consideration to the matter at another meeting. . A request for a variance submitted by Jesse Crow, 2680 Central Avenue, was brought up for action. It was noted that the new Building Inspector, Hayse Whiteley, and Council- man Rowberry had both looked at the situation and saw no problem. Councilman Lee moved to grant a variance to Jesse Crow to be able to add a room to an existing trailerhome on his residential lot to within five feet of. his house as stated in the application. The motion was seconded by Councilman Swensen; voting was Swensen, yes; Lee, yes; Row- berry, yes; Dille, yes; motion carried. The Council took official action on matters as follows: Councilwoman Dille moved to I authorize Mayor Wehmann to sign an agreement fo!!~atching funds grant of $142,280 (City'S share $71,140) from the Bureau of Outdoor Recreation for parks improvements. The motion was seconded by Councilman Swensen; voting was all in favor; motion carried. Councilman Swensen moved that Mayor Wehmann be authorized to proceed. with the application for the preliminary permits for the hydroelectric rights to the Ririe Dam. The motion was seconded by Councilman Rowberry; voting was all in favor; motion carried. Council- man Rowberry moved to authorize Mayor Wehmann to sign the contract with Union Pacific Railroad Com an for a roval on the water and sewer line crossin on Wanda Street. It was explained that the developer involved has paid 200 to the City to be remitted with this contract.) The motion was seconded by Councilman Swensen; voting was all in favor; motion carried. According to Mayor Wehmann, a meeting has been held with the Chief of Electrical Safety and the Chief of Plumbing Safety from the State, and a tentative arrangement has been made to have the State assume responsibility of electrical and plumbing inspections in Ammon on May 1, 1978, and all inspections on permits issued prior to that date should be done by the City of Idaho Falls, unless signed off to the State. Also a meeting is scheduled with the Mayor of Idaho Falls on Friday this week to discuss terminating the Building Inspection Agreement which has been in effect since November, 1974. Mayor Wehmann indicated that there is a need to work further with the City of Idaho Falls on an adjustment on the sewer metering charges, and Engineer Benton agreed to handle this matter. It was mentioned that there should also be some discussion with Idaho Falls City Officials about sewer inspections. I REPORTS Councilman Lee brought up a problem of a portion of a picket fence at 3090 Rawson St. being burned when a City employee was burning weeds out of a ditch, and he was instructed to work with the City's insurance company on this. Councilman Swensen noted that the Bonneville Council of Governments would like suggestions as to what the City would like the staff to do and if there are any areas of concern where guidance is needed. Councilman Rowberry reported that the Planning and Zoning Commission elected Jim McNett as the new Chairman, and that action was postponed by that committee on the proposed West Ammon Estates. With reference to the littering problem at 2045 Dove Drive which has been of so much concern to the neighboring property owners and the City Officials for some time, CounciDRan Rowberry explained that the Simpsons have been moved out and I ~ (0 r" o <( <{ I I April 5, 1978 a thorough clean-up has been started. Regarding the situation at Well #6, which 37 has been out of operation for several months for pump repair and cleaning of the storage tank, Councilman Rowberry informed the Mayor and Council that B & W Equipment has been paid for the repair work and water sample tests show that the water quality is good, so the well and the storage tank can now be put into use. According to Councilwoman Dille, Gerald Walker has agreed to manage the summer baseball program; also Paul Bunnell has been asked and is giving consideration to being Chairman for Ammon Day. Attorney Anderson announced that ordinances have been prepared to provide that the amounts collected for water and sewer connection fees be dedicated to special funds for capital improvements. The ordinance concerning water connection fees was assigned No. 158 and was read in full by Attorney Anderson. Councilman Lee moved to waive the second and third readings of Ordinance No. 158 pertaining to the dedication of water connection fees and to place it on the third reading by title only. Councilman Row- berry seconded the motion; voting was all in favor; motion carried. Ordinance No. 158 was read by title. Councilwoman Dille moved to adopt Ordinance No. 158. The motion was seconded by Councilman Swensen; voting was all in favor; motion carried. Ordinance No. 159 was read in full by Attorney Anderson. Councilman Lee moved to dispense with the second and third readings of Ordinance No. 159 concerning sewer connection fees and place it on the third and final reading by title only. The motion was seconded by Council- man Swensen; voting was all in favor; motion carried. Councilwoman Dille moved to adopt Ordinance No. 159. Councilman Swensen seconded the motion; voting was all in favor; motion carried. Councilman Lee moved to re-adopt the Resolutions pertaining to water and sewer connection fees as presently in effect, as follows: WHEREAS, The City of Ammon, Bonneville County, Idaho, has passed an Ordinance (4-3-14) providing for the establishment by Resolution of water main connection fees; and, WHEREAS, the rates previously established by prior Ordinance have been rescinded by amendment, NOW THEREFORE, before such connection is made, the person making appli- cation shall pay to the City the sum of $300.00 for the initial connection of a one and one-fourth inch (It") or less line. Connections for larger size lines shall be proportional to the coss-sectional area of the line. Examples of charges for other d:.ameter lines are: It" diameter $ 2 II diameter 3 II diameter 4 II diameter 6 II diameter _ This Resolution shall be in full passage, approval and due posting. 432.00 768.00 1,728.00 3,072.00 6,912.00 force and effect from and after its WHEREAS, the City of Ammon, Bonneville County, Idaho has passed 'an Ordinance (8-L}-13) providing for the establishment, by Resolution, 'of sewer service connection and plumbing fees; and, WHEREAS, these fees, previously established by Resolution are re- scinded effective upon passage of this Resolution, NOW, THEREFORE, before any permit is issued for the installation or alteration of plumbing or sewers, or before any sewer connection permit is issued for the installation or alteration of plumbing or sewers, or before any sewer connection permit is issued, the person making the application shall pay to the City a fee according to the following schedule: Single Family Dwelling, sewer connection $300.00 Multiple Living Units, sewer connections: Trailer Courts and Cabin Courts with seParate single living units Motels, Apartment Houses, Duplexes, Condominia, and similar living units - for each building Commercial Buildings, sewer connections $300.00 living $300.00 living $10.00 per plus unit plus unit $10.00 per Sewer Tap and Inspection Fee Plumbing Permit Each plumbing fixture or trap (including drainage and water piping) Each industrial waste pretreatment inter- ceptor including its trap and vent, excepting kitchen type grease inter- ceptors functioning a~ fixture traps Each water heater, except gas or electric fuel operated Repair or alteration of drainage piping and/or vent piping For each piece of water~treating equipment and/or water piping installed without accompanying plumbing $300.00 plus $3.00 per . plumbing fixture $ 4.50 $ 2.00 $ 1.50 $ $ $ 1.50 1.50 1.50 $ 3.00 April 5, 1978 3R For the connection of a house sewer to a private sewage disposal system For each private sewage disposal system (septic tank and seepage pit or pits and/or drainfield) For each cesspool, overflow seepage pit, drainfield extension or replacement, swimming pool or house sewer manhole For disconnecting, abandonment, alteration or repair of any house sewer or private sewage disposal system or part thereof Lawn sprinklers without other plumbing $ 3.00 A separate sewer connection permit must be applied for and issued for each building or trailer court or cabin court using the sanitary sewer system of Ammon, and, except as otherwise provided herein, the connection fee above, stipulated must ,be paid in each case that a plumbing permit is required. Once the required sewer connection fee has been paid for any building connected to the City sanitary sewer system, no further connection fee shall be charged for any building constructed, or re-constructed at the same place, or so near the same place that no substantial extension of the original side side sewer is necessary to serve it. In all cases where a connection permit has been issued, the connection fee is deemed to have been paid; in all other cases, proof of payment of the fee shall be furnished by the applicant, and in the absence of such proof a connection fee shall be charged. This resolution shall be in full force and effect from and after its passage, approval and due posting. motion was seconded by Councilman Rowberry; voting was all in favor; motion carried. $ $ 4.50 1.50 $ 3.00 $ 1.50 I The Engineer Benton introduced Brad Nield as the individual from his firm who will be working on City engineering business now that Robert Butler has resigned to take a pesition as Engineer for Bingham County. Bids on the paving of Southwick Lane and Midway Avenue in the swimming pool area were reviewed, and it was noted that Charles Edwards Construction Company had made the low bid, which was approximately $2,000 under the bid from H-K Contractors and which was under the ~ngineer's estimate. Councilwoman Dille moved to award the cont~act for the paving as described to Charles Edwards Construction for $53,719.20, with the work to be completed 45 days after notice to proceed is given. The motion was seconded by Councilman Rowberry; voting was all in favor; motion carried. A letter from GHG Investment signed by Joe Groberg requesting the opening and paving of I Midway Avenue from Southwick Lane to 17th Street under a Local Improvement District was presented to the Mayor and Council, qnd Engineer Benton asked for action on this matter. Mayor Wehmann recommended 43 feet of paving with 6 feet of gravelled shoulder on each side with the City retaining 80 feet of right-of-way. Councilwoman Dille moved to adopt a Resolution to give notice of the intention to create a Local Improvement District to pave Midway Avenue north of Southwick Lane to 17th Street with a hearing on April 19, . 1978, 7:30 P.M. The motion was seconded by Councilman Swensen; voting was all in favor; motion carried. Attorney Anderson and Engineer Benton are to take care of the details of advertising for the hearing and sending out notices. On behalf of the property owner/ developer, Engineer Benton requested that a date be set for a public hearing before the Council on the annexation and zoning of a proposed subdivision on the Darwin Judy pro- perty, for which a public hearing was held by the Planning and Zoning Commission on December 6, 1977, with a recommendation in favor of annexation and zoning as advertised, and a date .of May 3, 1978, 7:30 P.M. was dec'ided upon. In response to a question by Mayor Wehmann about the depth of water meters in Tie Breaker Village, Engineer Butler explained that they are being installed under the same ,specifications as others in the area which have had no problem from frost. Engineer Benton advised that the land behind the homes on the west side of Dove Drive and along the curve of that street belongs to Brunts, and it was recommended that the City suggest to the property owner that this area become part of the lots to be taken care of by the residents there to eliminate the weed patch that ex~sts on the presently vacant land. Mayor Wehmann reviewed the results of a recent meeting with the County regarding coming to an agreemen~ on the impact area, and it was decided that the City should accept the I offer to have a meeting with a County sub-committee on this matter, and the date of Tuesday, May 2, 1978, was ,suggested. At the request of the Mayor, a work session meeting was scheduled for the evening of April 11. It was mentioned that Joseph Wenger has moved, so a replacement for him on the Planning and Zoning Commission will be needed. A problem with the bridge on Georgia Lane was brought up, and the City Engineer was asked to make a recommendation on repairing the bridge. Claims were approved for payment. Councilwoman Dille seconded by Councilman Lee; the meeting was adjourned ~~ ~7~ Ci ty Clerk . c7 moved to adjourn; the motion was at 12:15 A.M. , ~# ~~~(? d~~/ Mayor ;/ (