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Council Minutes 04/19/7978 I ~ to f" () cd: <t: I I April 19, 1978 CITY- OF AMMON April 19, 1978 ::lH Minutes of a Special Meeting of 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: Mayor George Wehmann Councilwoman Carol A. Dille Councilman Russell N. Swensen Councilman Francis Lee Councilman David Rowberry Property owners present were: Theodore and Sherrill C. Eohn, 2085 Midway Ave., John C. and Virginia A. Smith, 2110 Midway Ave., James W. and Sherry Roseberry, 2125 Midway Ave., Orin Hampton, 1880 Sabin Dr., Larry Gust, 1920 Sabin Dr., Lynn and Julie Smith, 2155 Mid- way Ave., Leo W. and Yvonne Downardan~9~0 Sabi~ Dr,~Sk Doyle Jones, 3250 E. 17th St., and Jene' Hendrickson, 1810 Sabin Df~ ~~&~~ pfg~gntCw~re the following students from a Eonneville High School government class: Julie Wray, Kyleen Loertscher, Sherry Parker, Mark Elatter, Monty Smith, Donald Howard, Harvey Earley, Shirley Syverson, Gary E. Godfrey. Clerk Deon Hemingway Engineer David E. Eenton Asst. Attorney Douglas Nelson Euilding Inspector Hayse Whiteley Mayor Wehmann announced that the meeting was called as a Public Hearing on the Intention to Create a Local Improvement District (L.I.D. #8) to open and pave Midway Avenue from Southwick Lane to 17th Street and to install the necessary water and sewer lines in that portion which does not already have these services. He noted that he was aware of the con- cern of the property owners about the proposed width of the street since the City has an eighty-foot right-of-way in that area, and stated that there is no intention to have the pavement wider than 43 feet at this time, but the wider dedication was provided for to allow for future widening if needed. He also stated that nothing is in the planning to do anything on Midway Avenue from Rawson Street to Sunnyside Road. Engineer Eenton reviewed the contemplated improvements and costs based upon 43 feet of paving and 6 feet of graveled shoulder, as he had been instructed by the City Officials, and explained that curb and gutter and sidewalk are not planned, but the calculations for assessments have included costs for curb and gutter so that property owners will have no further obligation when these improvements are put in later; however, a new L.I.D. would have to be created in the future when and if sidewalks are constructed. He pointed out that other costs were figured on the extension of the sanitary sewer, the extension of the water main (8-inch size), water and sewer services to each building lot now without services, the necessary fire hydrants, and a storm drainage system. In the area where the street already has 28 feet of pavement, property owners will be assessed for only an additional 7t feet of paving. It was noted that the City would need to pay for the im- provements in any intersections and along the lot which the City owns on the west side of Midway Avenue just north of Southwick Lane. Engineer Eenton listed estimated costs of $50.54 per front foot on lots requiring all improvements and $18.83 per front foot on lots already having some paving. Questions and comments from the property owners were concerned with costs, the width of the paving, the chances of the street being widened in the future, why the storm sewer is necessary, and the graveled shoulders which they felt would not be used for walking on as intended and would result in rocks being thrown on the lawns. It was noted that most of the people present had submitted comments in writing prior to the meeting, and these letters will become part of the record. In response to a question about conflict of in- terest with Mr. Eenton being the City Engineer and also the enginner for the developer who has asked that Midway Avenue be opened and im~oved under a Local Improvement District, Attorney Nelson explained that there is no problem since, under the State Local Planning Act-of 1976, conflict of interest does not point to a retained professional advisor but only to the decision-making body of the governmental unit; also it was mentioned that the City of Ammon has an agreement with the City of Idaho Falls to have all plans reviewed for engineering details. After all interested parties had been given an opportunity to be heard, the Mayor and Council indicated agreement with a number of the comments, and Engineer Eenton was in- structed to prepare revised estimates in writing on the basis of no storm sewer, shoulders 2 to 3 feet wide with a standard base and top soil on the surface, and paving costs on both 36 feet and 43 feet; also an estimate on water main for both cast iron and plastic pipe was requested. The concern expressed by property owners about extra traffic on Midway Avenue when it is opened was noted by Mayor Wehmann, and he acknowledged that it is expected that there will be more traffic than on other streets because of the swimming pool use in the summer. Councilman Rowberry Swensen; voting was 9:25 P.M. moved to recess the hearing. The motion was seconded by Councilman all in favor; the motion carr~ed and the hearing was recessed at /f{ 7 /~ ~~~ ~_/~~~ Mayor V J April 19, 1978 ~o Minutes of the regular meeting of CITY OF AMMON April 19, 1978 the Mayor and City Council: The meeting was called to order at 9:30 P.M. (following a public hearing) by Mayor Wehmann, with the following City Officials present: Mayor George Wehmann Clerk Dean Hemingway Councilman Russell N. Swensen Engineer David E. Benton Councilwoman Carol A. Dille Building Inspector Hayse Whiteley Councilman David Rowberry Not present: Councilman Francis Lee (excused) Councilwoman Dille directed the pledge of allegiance to the flag; the prayer was offered by Councilman Rowberry. Minutes of the Special Meeting on April 5, 1978, and the Regular Meeting on April 5, 1978, were approved as prepared. The Building Department Profile as prepared in writing by Building Inspector Ha~se White- ley was presented for approval. Councilman Rowberry' moved to approve the expenditure of capital outlay to establish the Building Department. The motion was seconded by Council- man Swensen; voting was all in favor; motion carried. In regard to issuing building per- mits, the Mayor and Council indicated agreement with Mr. Whiteley's recommendation that a plan-check fee be charged, as authorized in the adoption of the Uniform Building Code, so that the Building Department can be financially self-sustaining. Mayor Wehmann suggested that consideration be given to up-dating standards for insulation in new homes. I With reference to a memo from the Mayor dated April 14, 1978, Councilman Swensen moved to approve the appointment of Hayse Whiteley as Director of Public Works. Councilman Row- berry seconded the motion; voting was all in favor; motion carried. Mr. Whiteley in- quired about having a radio installed in the City car which he is to use for City business, and was advised that the budget will have to be opened in order to consider this matter and make it official. Approval was given to Mr.Whiteley to rent the necessary equipment and have the City maintenance crew repair the bridge on Georgia Lane. After Mayor Wehmann had reviewed expected population growth in the next few months due to planned completion and occupancy of apartments and condominium units and stated that it would be advantageous to have a special census taken, Councilman Rowberrymoved to authorize Mayor Wehmann to proceed with the application for a special Federal census. The motion was seconded by Councilman Swensen; voting was all in favor; motion carried. The Council members gave approval for Mayor Wehmann to write a letter of intention re- garding applying for grant funds fora study on traffic safety. It was noted that the Council members were not prepared to take action on a proposed employee benefit policy for death in family and sickness in family, so this is to be taken up at the next meet- ing. Regarding a revision to the policy for travel allowance and meeting expense, Councilwoman Dille moved to adopt changes as follows: For room--actual expenses for single room, receipt required; for mileage--private auto, $0.15 per mile,'if additional City Officials or employees are carrie~, the rate is $0.20 per mile. The motion was seconded by Councilman Swensen; voting was all in favor; motion carried. I A deposit refund policy was adopt the following Utiltty DEPOSITS PAID: 1962 through 1970: presented for consideration. Councilwoman Dille moved to Service Deposit Refund Policy: The motion Credit for the amount of deposit shall be made to each account in Fiscal Year 1978. 1971 through 1974: Credit for the amount of deposit shall be made to each account in Fiscal ,Year 1979. 1974 through FY78: Credit for the ~ountof deposit shall be made to each account in Fiscal Year 1980. FY 1979 and later: All deposits received after October 1, 1978, shall be retained for two years from date of receipt at which time the amount of the deposit will be credited to the account PROVIDED THAT, DURING THE TWO YEARS THE CITY HAS NOT HAD TO ISSUE A DELINQUENCY NOTICE TO THAT ACCOUNT. No credit for deposit can be issued until two years after a delinquency notice has been issue. was seconded by Councilman Swensen; voting was all in favor; motion carried. I With reference to the annexation of Jennie Jean Estates as approved at the Special Meeting on April 5, 1978, Mayor Wehmann explained that an annexation ordinance has been prepared bq'c Attorney Anderson has recommended that the City make contact with the in- dividual who now provides garbage service in that area before going ahead with action on thi~ matter.. A letter from the City Attorney listing information obtained by re- search1~ the t1tle.to th~ the property in Parcel 4 (Fred Kvarfordt a.nd LeMQynp. JohnR~on propert1es) was r~v1e~e~ 1n preparation for the continuation hearing on the proposal to a~ex the area w?lch 1S scheduled for the May 3 meeting, and it was noted that annexation w1ll not be poss1ble without the consent of the owners based on the Attorney's findings. I ~ (0 f'- U <C <t: I I April 19, 1978 Mayor Wehmann pointed out that there is no question about funds from a Federal 41 grant being available for expenses involved to intervene in the newly-announced Utah Power & Light Company rate increase case. He mentioned that Attorney Anderson will be asked to prepare a resolution to be mailed to all Cities served by UP&L which, if adopted by the Cities, will allow them to be listed as intervenors with the City of Ammon. Councilman Swensen moved that the City of Ammon again be an intervenor in regards to the Utah Power & Light Company case for an increase before the Idaho Public Utilities Commission. The motion was seconded by Councilman Rowberry; voting was all in favor; motion carried unanimously. REPORTS Councilwoman Dille announced that Paul Bunnell has accepted the chairmanship for Ammon Day this year, and that a tentative date of August 12 has been set up for this activity. She noted that plans for the summer season of Knothole Baseball are getting under Way, and approval was indicated to a suggestion that the fee charged this year include an amount to help pay for the expenses of the program in addition to the cost of a shirt for each participant. With regard to swimming lessons, Mrs. Dille reported that the regis- tration will be at the Ammon School gym instead of the City Building. A report by Councilman Rowberry included a reminder that there is a vacancy to be filled on the Planning and Zoning Commission, and that the Planning Commission members reviewed the rough draft of a proposed ordinance to create a Professional Business (PB) Zone, and requested comment on the provisions of the ordinance from the City Council and instructions on what procedure is to be followed to make this official. A recommendation from the Planning and Zoning Commission that Tie Breaker Village Division #3 and the remaining portion of that subdivision be annexed and zoned R-l,as requested by the developer, was noted, and a public hearing before the City Council was set for 7:30 P.M. on Thursday, May 18, 1978. Concern expressed by the Planning and Zoning Commission about property for a park in Tie Breaker Village was also mentioned. Councilman Rowberry reported that the Planning and Zoning Commission had completed the public hearing on a proposed development known as West Ammon Estates with a recommendation for annexation and zoning, with some modification of the street layout, and Engineer Benton displayed a revised plat showing the suggested changes. A pUblic hearing before the City Council on this subdivision was also scheduled for Thursday, May 18, 1978. Councilman Rowberry agreed to check with the engineering firm for the developer of Westwood Addition about why the concrete work done recently did not provide for curb cuts to the R-2 lots along Ammon Road as shown in the drawings submitted when the plan for development of the area was presented to the Planning and Zoning Commission and the City Council. Engineer Benton displayed a new City map showing streets and addresses within the City limits and also some of the subdivisions which it is anticipated will be annexed in the near future. Mayor Wehmann requested that this be revised to include only those areas that are in the City at a certain time and that the map be dated to this effect. The City Clerk reported claims to pay in the amount of $6,566.88 and a General Fund checking account balance of $24,617.75. According to Mayor Wehmann, grant money is available for an annexation study, and it is recommended that the City of Ammon go together with the Cities of Ucon and Iona to apply for these funds, so approval was indicated to Mayor Wehmann's expressed intention to work on this with the Mayors of those Cities. It was explained by Mayor Wehmann that it has been determined ~y Attorney Anderson that City officials are allowed by the State statute to enact a liquor-by-the-drink ordinance, then the citizens can take action by asking for an election on the matter if they so desire. Regarding the impact area, Mayor Wehmann reported that he had met with County officials, and there seems to be agreement on setting the Ammon impact boundary on the east at a line that follows along the Iona-North Road plus 300 feet. The Mayor called for an executive work session meeting an the evening of May 2, 1978. Claims were approved for payment. Councilwoman Dille moved to adjourn at 11:40 P.M.; seconded by Councilman Swensen; voting all in favor; meeting adjourned. ATTEST: l' c~..)/ "- ~~~-~~~7 II CITY CLERK :/ ,~c-r~ tv;~~,<~ f MAYOR