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Council Minutes 04/19/1979 April 19, 1979 100 CITY OF AMMON April 19, 1979 Minutes of a Special Meeting and the Regular Meeting of the Mayor and Council: The meeting was called to order by Mayor George Wehmann, Mayor, at 7:05 P.M., with the following City Officials present: Mayor George Wehmann Councilman Russell N. Swensen Councilwoman Carol A. Dille Councilman David Rowberry Absent: Councilman Francis Lee Others present during the meeting were Melvin Richardson, 3725 Brookfield Lane, Calvin and Barbara Slater, 3665 Marlene St., Rex Shurtliff, 3575 Brookfield Lane, Floyd E. Baldwin, 597 So. Fanning, Idaho Falls, Evelyn Thurman, 3425 Owen St., Ron Salisbury, 2755 Central Ave., Mary Mink, 3268 Leroy Dr., Rance(and Carma)Bare, Ellsworth Engr., Russ Wallace, 5330 Baywood Circle, Salt Lake City. The pledge of allegiance to the flag was conducted by Mayor Wehmann, and the invocation was offered by Councilman Swensen. Minutes of the meeting on March 15, 1979, and minutes of the meeting on April 5, 1979, were approved as prepared later in the meeting. The meeting was opened as a legally advertised public hearing on the proposed annexation and initial zoning of 6.69 acres of land located east of Ammon-Lincoln Road and a short distance south of East 17th Street, as requested by the L.D.S. Ammon Stake, with the in- tended use being for a church building site. It was noted that this matter had been discussed by the Planning and Zoning Commission at the regular meeting on March 13 and at a special continuation meeting on March 27, 1979, and had been recommended for approval with certain conditions as follows: (1) dedication of a 30-feet-wide public right-of-way on the north side of the property, (2) parking accesses to be on to the right-of-way on the north, (3) provision for a temporary access on the southwest corner of the building site until such time as the City of Ammon provides for the completion of an east public access right-of-way, at which time the temporary access is to be removed and abandoned, (4) provide a 4-foot buffer zone and fence on the south building site property line, (5) the 45 feet adjacent to the Section Line to be dedicated as a right-of-way for the Ammon-Lincoln Road. It was determined that the Stake officials, representing the Church as the developer, had agreed to comply with the conditions as specified, and new drawings showing the dedicated right-of-way and the relocation of the north parking access were sub- mitted. Mayor Wehmann asked for comments from the public who were present in connection with the hearing. Rex Shurtliff, the property owner to the south, stated that he had no objection to the proposal, but mentioned, as he had at the Planning Commission meeting, that perhaps it is not good to have a church next to his horse pasture and barns. Calvin Slater, whose land is adjacent on the east, said that he did not have any problem with the recommendation of the Planning and Zoning Commission, but will be concerned if and when Marlene Street is extended. It was pointed out by Mayor Wehmann that it is expected to be some time before anything is done with Marlene Street, but a right-of-way must be provided for in this annexation to keep an option open for a way to extend that street in the future. The City Council members indicated satisfaction with the action of the Planning Commission and the responses from the public and the representatives of the Church. Councilman Rowberry moved to proceed with the annexation of the Ammon Stake Center Property on Ammon-Lincoln Road. The motion was seconded by Councilman Swensen; voting was Rowberry, yes; Swensen, yes; Dille, yes; motion carried. It was agreed that action on an Annexation Agreement and an Annexation Ordinance will be taken as soon as possible. The public hearing was declared to be closed at 7:40 P.M. Melvin Richardson, who is connected with a radio and television station in Idaho Falls, mentioned a program that is in the planning as a joint effort of schools, churches, cities, etc., to emphasize respect for property as an endeavor to curb vandalism, and the City officials expressed interest in participating. Mayor Wehmann announced that the next item on the agenda was a continuation of the public hearing on the proposed annexation and initial zoning of the Vera Lee Farm property, on which there had been a question about the developers intentions when the hearing was started at the March 15, 1979, meeting. Reference was made to a letter dated March 25, 1979, signed by Vera Lee, owner of the property, stating that she does not wish to have the property annexed at this time~ Councilman Rowberry moved that the City Council support the desire of Vera Lee to withdraw her application for annexation to the City of Ammon. The motion was seconded by Councilman Swensen; voting was Rowberry, yes; Swensen, yes; Dille,yes. The motion was carried, and the public hearing was closed. An a lication for a variance submitted b Flo d E. Baldwin to allow the residential lot at the corner of Central Avenue and Owen Street northeast corner) to be divided into three lots with frontages of less than 80 feet was taken under consideration. It was noted that there is an existing house in about the center of the 216' x 165' area, and the request of the owner was to divide the property into parcels with frontages of 70, 71, and 75 feet on the Owen Street side. The applicant hac presented papers signed by the adjoining property owners to show that notice of the proposal had been given to them. The presence of those so notified, Evelyn Thurman and Ronald Salisbury, was ac- knowledged and comments were invited. Mrs. Thurman stated that she had no objection to the division of the ground but did not approve of Mr. Baldwin's plan to move in some old homes there, and Mr. Baldwin explained that his thinking on that had been changed Clerk Deon Hemingway Asst. Attorney Douglas Nelson Asst. Engineer Brad Nield Public Works Director Hayse Whiteley I I I I ~ w ~ o ~ ~ I I April 19, 1979 since the homes were no longer available. Mr. Salisbury, the property owner to 1()1 the north, expressed concern about the increase in the number of people in the neighbor- hood that would result if the requested division is allowed, especially if the same situation might come about on the lot across the street to the west; consequently he would prefer a two-lot division. It was pointed out by Mayor Wehmann that it would be a problem placing a home on a narrow corner lot and still have the front and side of the home in line with the front of other homes in both directions on the block. Councilman Rowberry commented that he would be in favor of leaving the corner area as it is and having an 80-foot lot on the east. Mayor Wehmann suggested that the Council take time to check what action was taken on similar variance requests in the past, and Mr. Baldwin agreed that a short delay would be no problem. Councilman Swensen moved and Council- woman Dille seconded a motion to table the application for a variance by Floyd E. Baldwin until the May 3, 1979, Council meeting. Voting was all in favor, and the motion carried. In connection with the property under discussion, Mr. Salisbury inquired about the City's responsibility for the large trees that are along the west lot line, which he described as being a hazard to his family and personal possessions, and Mayor Wehmann recommended that the matter be taken under advisement with the City Attorney and perhaps a cooperative agreement can be worked out if the trees need to be removed. Rance Bare of Ellsworth Engineers was given an opportunity to present his business, which was in connection with finalizing the annexation of the remainder of Tie Breaker Village as an unplatted area, on which the proper public hearings and approval were completed some time ago. A prepared annexation agreement was reviewed and found to be in a different form than others which have been signed recently, and it was explained that the change in form had been suggested by Attorney Anderson. Mayor Wehmann felt that it was advisable to clarify this matter with Attorney Anderson, since the Assistant Attorney who was present was not informed regarding the situation, and it was determined to be satisfactory with the developer, Russ Wallace, to delay the action until the next meeting on May 3, 1979. In response to an inquiry from Russ Wallace about proceedings to annex, with a zoning of R-]A,some property next to and south of Tie Breaker Village subdivision, it was learned that the notice regarding the public hearing held on April la, 1979, by the Planning Commission on this matter had not been received by Mr. Wallace, and a correct address is to be furnished so that notice can be properly given when the City Council hearing comes up. It was noted that the Planning Commission made a recommendation for the City Council to proceed with this annexation request, and there was a brief discussion on the depth of the proposed CC-l Zone on a portion of the property. Councilman Swensen moved that a public hearing on the Paul Benton-City of Ammon Property annexation and initial zoning be set for 7:00 P.M., May 17, 1979. The motion was seconded by Councilwoman Dille; voting was all in favor; motion carried. An Electric Service Agreement with Utah Power & Light Company Councilman Swensen moved to enter into an agreement with UP&L and to authorize Mayor Wehmann to sign the agreement papers. Councilman Rowberry; voting was all in favor; motion carried. The subject of eliminating the present park project,which is under a BaR Grant,in order to have funds to make the necessary improvements in the water system to use the newly- purchased Well #7,as recommended at the previous meeting,was brought up by Councilwoman Dille, who has the Council assignment responsibility for parks and recreation. She noted that, inasmuch as she had not been present at the April 5th meeting, she would like to voice her objection to the proposal at this time. Mayor Wehmann explained that the other Council members felt that making an adequate supply of water available for the City was more important than planting trees in the park at the present time, and offered further information based on the advice received from the City Auditor as a result of an analysis of the City's financial condition. He mentioned that he is not in favor of providing funds for these water system improvements by increasing the water rates, which the auditor calculated would be necessary if the money for the time payments is to come from that source. The recommendation of the Council regarding the parks program was further clarified in a statement by Mayor Wehmann that it was not the intent of the decision made in the April 5th meeting to eliminate the BaR Project but to curtail it only if it is necessary to do so, and a letter to this effect will' be sent to the State Parks Depart- ment along with an inquiry about the possiblity of getting an extension on the BaR Grant. Mayor Wehmann gave notice that it is time for the usual summer watering regulations to go into effect, and that a proclamation on this including a notation regarding the pen- a~ty will be published in the newspaper. May 1 was mentioned as a starting date. It was decided that a dinner for all City employees and partners should be held at the Mayor's home, and the evening of May 5 was suggested. According to Mayor Wehmann, hearings before the Idaho Public Utilities Commission on the Utah Power & Light Company rate increase case will be taking place in Pocatello on May 1, 2, and 3, and his testimony for the City of Ammon as an official intervenor will stress the point that UP&L has failed to comply with the federal inflation guidelines. As a matter of information, Mayor Wehmann mentioned that he has been in contact with Intermountain Gas Company regarding the recent franchise tax payment to the City, which was down from the previous year, and has requested a copy of degree-day statistics in order to verify the claim that there was a decrease in gross revenue due to warmer winter weather during the 1978 year. was presented for approval. to supply power for Well #7, The motion was seconded by April 19, 1979 102 Councilman Swensen reported that he has been representing the City by participating in the current Civil Defense Exercise, and will need someone else to complete the program on Monday since he will be going out of town. He recommended that the City join in with the area Clean Community Campaign which will get under way next week, and that extra trash pick-up service be provided for the residents as needed on regular working days during this spring clean-up effort. A report by Councilman Rowberry indicated that he still needs to work with Reese Brown, manager of Eastgate Mobile Village, on the revised water, sewer, and garbage rates for trailercourts, and that he was pleased with the letter sent by Mayor Wehmann to Idaho Falls Mayor Campbell regarding sewer treatment charges. It was mentioned by Councilwoman Dille that the work for getting the swimming pool ready for the summer season is coming along fine, and a suggestion was made that a better system for handling admittance to the pool by family pass is needed. The Mayor and City Council gave approval to Public Works Director, Hayse Whiteley, to purchase a used pull broom for sweeping streets without curb and gutter, which is avail- able through Arrowhead Machinery Company at a cost of $900. It was pointed out that the engine in this sweeper is not running, but it can be repaired in the City shop for approxi- mately $275. Mr. Whiteley reported that work in progress around the City includes street repairs, painting at the swimming pool, and getting the materials needed to connect the water from Well #4 to the Peterson Park sprinkling system. He mentioned that a fence should be erected around the stockpile of road materials in the storage yard near Well #6 since young people are riding motorcycles there which could be dangerous, and he was instructed to use some kind of plainly visible net fencing for this purpose without any barbed wire, since it is not allowed in the City. In connection with the infiltration study on water seeping into sewer lines from canals, Assistant Engineer Brad Nield reported that there will not be any water in the ditches for another two weeks, and Mayor Wehmann requested that the City employees start checking the sewage meter readings again. The location of the 20-foot access into Well #7 which was purchased with the Well #7 property was discussed as it relates to the adjoining land owned by Lewis Nielsen, and Mayor Wehmann emphasized the need to get this definitely established. I The City Clerk reported that there were claims to pay in the amount of $14,J02.21, and the claims were approved for payment. It was moved by Councilman Swensen and seconded by Councilwoman Dille that the meeting I adjourn; voting was all in favor; the meeting was adjourned at 10:05 P.M. ATTEST: L~' ytITY CLER~ MAYOR I