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Council Minutes 03/01/1979 March 1, 1979 92 CITY OF AMMON March 1, 1979 Minutes of the Regular Meeting of the Mayor and City Council: The Meeting was called to order at 7:40 P.M. by Mayor George Wehmann, with the following City Officials present: Mayor George Wehmann Councilman Francis Lee Councilman Russell N. Swensen Councilwoman Carol A. Dille Councilman David Rowberry Dorran Sampson, 3125 Owen St., Others present during the meeting wer~7Larry Davies, 3040 Ammon Road, Roy Stewart, 3130 Molen St., Vic Baldwin, 3590 Rich Lane, and Bonneville High School Government Class students Coleen Hirschi, Crystal Bowen, Paula Plorin, Denise Tanner, Jill Schwieder, Terri Rivera, Brian Arave, Mark Goodell. Clerk Deon Hemingway Attorney W. Joe Anderson Asst. Engineer Brad Nield Public Works Director Hayse L. Whiteley The pledge of allegiance to the flag was conducted by Councilman Swensen and the in- vocation was offered by Councilman Rowberry. Minutes of the meeting of February 15, 1979, were approved as prepared. An application for a non-commercial kennel license submitted by Steven Terrell, 2890 Teton Street, was considered and found to be in order with the required number of sig-. natures of approval by the property owners within 150 feet. Councilman Lee moved to grant the license as requested since all requirements were filled. The motion was seconded by Councilman Swensen; voting was all in favor; motion carried. Mayor Wehmann asked for the opinion of the Council members in the matter of whether or not a water connection fee should be collected for the house under construction at 3628 Samuel Street, explaining that there was no requirement for a water connection fee at the time the building permit was granted and paid for and that construction had been at a standstill for quite a while due to bankruptcy being filed by the original contractor, but building has started again under new ownership. The Council members agreed with the Mayor's recommendation that the water connection fee be waived on the grounds that the requirement for the fee was not in effect at the time the building permit was acquired. Ordinance No. 174, an ordinance amending certain sections of Title I Chapter 15 of the Municipal Code relative to "recall",in order to be in compliance with the latest State statute on this subject, was introduced. Councilwoman Dille moved and Councilman Row- berry seconded that the City Council dispense with the rule requiring the reading of the Ordinance on three different days and that the three readings be waived. Roll call I vote was Dille yes, Rowberry yes, Swensen yes, Lee yes; motion carried. Councilman Swensen moved that Ordinance No. 174 be read in full; the motion was seconded by Council- man Lee; voting was all in favor; motion carried. Ordinance No. 174 was read in full by Attorney Anderson. Councilwoman Dille moved and Councilman Swensen seconded that Ordinance No. 174 be adopted as an ordinance of the City of Ammon. Roll call vote was Dille yes~ Swensen yes, Lee yes, Rowberry yes; motion carried. Ordinance No. 175, an ordinance amending certain sections of Title I Chapter 15 of the Municipal Code relative to "initiative and referendum",in order to be in compliance with the latest State statute on this subject, was introduced. Councilman Rowberry moved and Councilman Lee seconded that the City Council dispense with the rule requiring the reading of the Ordinance on three different days and that the three readings be waived. Roll call vote was Rowberry yes, Lee yes, Dille yes, Swensen yes; motion carried. Councilman Swensen moved and Councilman Lee seconded that Ordinance No. 175 be read in full; voting was all in favor; motion carried. Ordinance No. 175 was read in full by Mayor Wehmann. Council- man Rowberry moved and Councilman Swensen seconded that Ordinance No. 175 be adopted as ordinance of the City of Ammon. Roll call vote was Rowberry yes, Swensen yes, Lee yes, Dille yes; motion carried. The Ordinanceswill become effective upon publication in the newspaper as required by law. Mayor Wehmann mentioned that suggestions are needed for new appointments on the Planning and Zoning Commission, and the Council members agreed that the one member from outside the City should be from within the Impact Area. I In response to a question by resident Vic Baldwin concerning the Impact Area and the in- volvement of the City of Ammon with the City of Idaho Falls power loop situation, Mayor I Wehmann explained that the City of Ammon has defined its Impact Area boundaries and entered into a signed agreement with the County, including a signed map, which under the State Land Use Act gives the City of a~~~~ !~me planning jurisdiction in the de- fined area, and the proposed power loop is7Wlt~lnYthat area. He stated that the City of Ammon wants the right to identify where power corridors should be located in the City and its Impact Area; also the location chosen by Idaho Falls is not consistent with the existing residential use without any overhead lines for utilities. Attorney Anderson noted that the determination to be made as a result of the recent court hearings is whether the City of Idaho Falls must comply with the need to request that the Bonne- ville County Comprehensive Plan be amended to designate utility power corridors, which it has not done up to this time. With reference to the final costs on the 17th Street Project which was completed in 1976, for which notice has been received that the City of Ammon owes $30,822.55, Mayor Wehmann reported that a letter has been sent to the County Commissioners requesting a meeting on this subject, and that it is his intention to take this matter to the appropri- ate State officials to point out that small cities cannot handle such things in their I ~ C.D r'- U <C <( I I March 1, 1979 budgets, and something must be done to be sure that this kind of action is stopped. /-&) ".' In connection with the 17th Street construction, there was some discussion about the 95'73~ drainage problems there, with this subject being brought up by resident Larry Davies. 5:;J;~/,'JJ Mayor Wehmann quoted from a calculation sheet prepared by the Association of Idaho Cities on the impact of the 1% Initiative, and noted that the figures indicate no effect on the City of Ammon but considerable loss to School District No. 93. As a matter of record, attention was called to the fact that an official report has been received from the Census Bureau, listing the City's population count as of December 5, 1978, at 4,400. According to Councilman Lee, the papers to be filled out when a fire truck at the INEL Site becomes surplus have been received, but the status of the matter is unknown at this time. Councilman Lee reported that an application for grant funds through the Rural Community Fire Protection program for upgrading the Fire Department safety equipment has been approved, and he will work with fi'Jre Chief Marvin McGary on this. He noted that the priority item would be additional radio equipment. The animal control report for the month of January was reviewed. In his report about meeting with Attorney Anderson regarding the Aimee Ann Estates Devel- opment Agreement, Councilman Rowberry stated that more information is needed about what size of well pipe, waterline pipe, etc., should be specified in the agreement so these facilities will meet the needs of the area at a time in the future when growth in that direction might result in the subdivision becoming part of the City. Engineer Benton agreed to prepare a sketch which would advise the City officials on these matters for the area east of the railroad tracks, and also mentioned that he will be checking with the de- veloper of the Vera Lee property to see if anything can be worked out with regard to ex- tending the water and sewer lines east along Sunnyside Road. In connection with the re- vised water, sewer, and garbage rates for trailercourts, Councilman Rowberry reported that Reese Brown, manager of Eastgate Mobile Village, has expressed concern about what the in- creases will mean to his business and is interested in checking out the possibility of metering the water use there. Public Works Director, Hayse Whiteley, said that he has been checking on meter costs for this purpose. It was mentioned that Mr. Brown should be informed that the City of Idaho Falls is proposing rate increases for utilities in trailer- courts. Councilman Rowberry informed the Mayor and other Council members that he has been in contact with the owners of the Servisoft Water Conditioning Company regarding the amount of water used by that business in an effort to establish a fair charge for a written agree- ment in accordance with the recently adopted rate schedules, and also talked with them about the brine that is dumped into the soil. It was decided that more checking needs to be done before making any change in the rates for Servisoft, and the owners should be asked to produce a letter from the State Health Department giving assurance that the brine dump- ing meets state regulations, otherwise they will be required to connect the brine drain to the sewer line. After reviewing a list of the few addresses in locations recently annexed where connection to the sewer has not been made, Councilman Rowberry was advised to notify Ammon Produce Company of the requirement to hook up to the sewer. Regarding Planning and Zoning Commission business, Councilman Rowberry mentioned that a public hearing is scheduled before the Commission on March 13 on the requested annexation and zoning of a parcel of land on the east side of Ammon Road (part of the Fred Kvarfordt property) with the intended use being for a church building for the L.D.S. Ammon Stake. Councilwoman Dille reported that she received a letter from Gail Lewis of the State Parks Department containing a reminder that the deadline for the completion of the parks im- ~rovement work under the present B.O.R. grant is June 30, 1980. A date for the 1979 Ammon Days celebration was brought up by Councilwoman Dille, and it was decided to schedule this activity on July 24th. Attorney Anderson was praised by Mayor Wehmann for his "masterful" job at the Idaho Falls power loop court hearings, and was asked to proceed immediately on an ordinance to correct Ordinance No. 162. Engineer Benton delivered a map showing the water system as requested at a previous meet- ing. He reviewed the tabulations on the bids on Well #7 im rovements which were opened on February 21 as follows: Schedule #l--Mel Brown 2 , 12.37, Agricultural Services$31,381.00; Schedule #2--0 & F Construction $16,404.20, H-K Contractors $18,786.00, Grover Construction $18,120.00, Kamachi Construction $21,563.10, Agricultural Services $22,128.65; Schedule #3-- o & F Construction $10,707.50, H-K Contractors $11,739.00, Grover Construction $13,111.00, Kamachi Construction $15,223.20. It was acknowledged by the Mayor and Council that the apparent low bidders were Schedule #l--Mel Brown, Schedule #2--0 & F Construction, and Schedule #3--0 & F Construction, but no action was taken due to the need to check out what financing arrangements can be made. Mayor Wehmann requested that Engineer Benton check the records on sewerline leakage so plans can be made to work on the one along Sunnyside Road near Western Avenue before the water is in the canal. Public Works Director Hayse Whiteley reviewed matters pertaining to the repair of a fire hydrant, frozen waterlines, equipment opera~~on, and street repairs. Mayor Wehmann men- tioned that a review of sewer costs receive~fRm the City of Idaho Falls has been taken under advisement with the City Attorney and Engineer. Claims were presented for payment in the amount of $5,387.52. Councilman Swensen moved and Councilman Rowberry seconded that the meeting adjourn; voting ::::: inIi:;:~at 10:05 p;~~ ;j~ CIT! CLERK tl ./ . MAYOR