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Council Minutes 12/06/1979 November 15, 1979 12LI garages and parking spaces will be from a private road along the back. There was some concern that this arrangement might be a :problem for fire protection, but it is in keeping with the County policy to restrict access to major County roads. Councilman Rowberry moved to approve Lawndale Addition Division No. J as platted, pursuant to the recommendation of the Planning and Zoning Commission. The motion was seconded by Councilman Swensen; voting was all in favor; motion carried. Regarding business on the Vera Lee property which was on the agenda for the Planning and Zoning meeting, Councilman Rowberry noted that an ex- tension on the public hearing was denied and the owner will be informed to re-submit the application when a recommendation is desired. Attorney Anderson advised that this action by the Planning Commission can be upheld, even though the law does not establish a time limit on the procedure. Another action by the Planning Commission authorizing a public hearing on the Robert Nixon proposal to build storage units on property along the east side of Sand Creek south of 17th Street was discussed, and it was recommended that this matter be handled under the amended special use permit ordinance which is proposed. In response to an inquiry from Engineer Benton in connection with a request from the Progressive Irrigation District regarding the City's desires relative to water rights on property around Well #7, Mayor Wehmann recommended that action not betaken at this time. The matter of the billing from Ammon Plumbing for replacing the sewer service line for Gene Birch at 2995 Central Avenue was brought up by Engineer Benton, who noted that the total bill, including the charge for a backhoe, ammounted to about $2800. He mentioned that representatives of the Sewer Project contractor, H-KContractors (formerly Hartwell Construction Co.), have been contacted and are not willing to help pay for this expense, but were consulted as to what a fair cost would be for such a job, and a maximum amount of $1000 was figured. Mayor Wehmann proposed that payment be denied at this time, and the Council members did not voice objection. The drainage problem at the south end of Rich Lane was discussed, and Engineer Benton pointed out that this was the problem of Hazen Olsen, the developer. Hayse Whiteley, Public Works Director, reported that he had met with Levi Clements,as instructed at the previous meeting, and took measurements to locate the property line at the corner of Rawson Street and Western Avenue, and Mr. Clements has not made any further contact with the City regarding his application for a sideyard variance. Other items mentioned by Mr. Whiteley included the sale of the large snow plow for $2575, the progress of preparing areas for skating ponds, work being done on the access road to Well #7, and reading of the sewer meters. He noted that LaVern Williams has returned to work and desires that his expression of thanks be conveyed to the Mayor and Council for the pay which he received during his disability for heart surgery. Attorney Anderson was asked to write to Ellsworth Engineers in response to a letter re- questing reimbursement to the developer, Kent Wood, on a portion of the water main in Ammon Road adjacent to Westwood Addition. Claims were approved for payment in the amount of $10,770.61. It was moved by Council- man Swensen and seconded by Councilman Rowberry, with voting all in favor; that the meeting adjourn a~ 9:35 P.M. ATTEST'CITY'~'~~ M~f;J~DcW- I I CITY OF AMMON December 6, 1979 Minutes of the Regular Meeting of the Mayor and City Council: The meeting was called to order at 7:35 P.M. by Council President Russell N. Swensen, with the following City Officials present: Councilman Russell N. Swensen Clerk Deon Hemingway Councilwoman Carol A. Dille Public Works Director Hayse L. Whiteley Councilman Francis Lee Attorney W. Joe Anderson Councilwoman Carol A. Dille Engineer David E. Benton Mayor George Wehmann arrived later in the meeting Others present during the meeting were Michael E. Jones, 614 Westhill, Idaho Falls; I "Bill" Darrel W. Olson, 1995 Bittern Dr.; Willy McKean, P.O. Box 2250, Idaho Falls; Cache W. Olson, Rt. 7 Box 136B, Idaho Falls; Jim D. Olson, 1995 Bittern Dr., Gloria Harris, 2025 Sabin Dr.; Scouts Todd Harris, 2025 Sabin Dr., and Andy McLatchy, 2675 Central Ave~ and Councilman-elect Thayle D. Monson. ' The pledge of allegiance to the flag was conducted by Councilman Rowberry and the in- vocation was offered by Councilman Lee. Minutes of the meetings on September 20, 1979, September 27, 1979, and October 4, 1979, were approved as prepared. Bill Olson, of Ammon Plumbing, requested that consideration be given again to paying for the repair of the sewer service line at the Gene Birch residence, 2995 Central Ave., and the matter was thoroughly reviewed for the benefit of Council President Swensen, who had not been present at the September 6th meeting when the problem was first brought to the attention of the City officials. Mr. Olson explained that it was his understanding from the Sept. 6th meeting that the City would take care of the repair expenses for work I ~ to I"- o cd: <t I I December 6, 1979 to 125 done on the City side of the property line, and that it had not been necessary go on the private property to correct the grade situation since a new tap was made into the sewer main and an entirely new service line was installed. He mentioned, also, that there had been problems with the trench caving in, ditch water leakage, and break- ing of a water line which made the job take longer than usual (this resulted in a total billing of approximately $2,800 for the plumbing and backhoe work). It was pointed out that, on the advice of the City Engineer and the City Attorney, a payment of $1,000, which was considered to be a reasonable amount for the job, had been offered by the City, but Mr. Olson stated that this will not pay for the work~one. Comment was made that, under the City Ordinances (Section 8-4-14) the property owner is responsible for the sewer line from the main to the house, but mhat the City may have some commitment due to the implications made at the meeting on Sept. 6th. Council President Swensen acknowledged that the situation presents some complications, and recommended that more time be allowed to deliberate the matter. Mr. Olson asked that a decision be made before December 21st so that he could file a lien against the property if necessary within the time allowed by the law. Councilwoman Dille moved to table the discussion until not later than the Council meeting on December 20, 1979. The motion was seconded by Councilman Rowberry; voting was Dille yes, Rowberry yes, Lee yes; motion carried. The subject was brought up again near the end of the meeting, and Attorney Anderson advised that the City has some obligation due to the improper installation of the original line. Mayor Wehmann requested that the Attorney write a letter to Ammon Plumbing to once again deny the claim since the City did not hire the work done and offering $1,.000 as a reasonable amount for the City's portion of the repairs. He recommended that a letter be sent to H-K Contractors about this also. The presence of Michael Jones, part owner of property on Midway Avenue in Local Im- provement District No.8, was acknowledged, and Attorney Anderson explained that Mr. Jones has requested that the assessment on the south 125 feet of the lot be released and the lien be assessed entirely against~~he remaining portion of the property where the Servisoft Water Conditioning busines~located. He noted that this is needed so that Mr. Jones can continue with the financing arrangements for the new home being built on the south 125 feet of the lot, and pointed out that this is legally acceptable and can be done by the signing of a waiver and modification of the Assessment Roll. Accord- ing to Attorney Anderson, there is nothing wrong with doing this because there is adequate security on the remainder of the property, which is assessed at $105,000, and Mr. Jones will pay for the legal costs. Councilman Lee moved to approve the request of Mr. Jones to have the L.I.D. #8 assessment on the south 125 feet of Lot 19 Block 2 Southwick Addition Div. #1 transferred to the north 175 feet of Lot 19 Block 2 Southwick Addition Div. #1 as presented by the City Attorney, who will prepare the proper forms, with all legal fees to be paid by Mr. Michael Jones. The motion was seconded by Council- man Rowberry, voting was all in favor, motion carried. Council President Swensen pointed out that the Mayor and Council Members had previously agreed on the intentions to intervene in the Utah Power & Light Company rate-increase case presently before the ldaho Public Utilities Commission, and that official action was needed. Councilman Rowberry moved to authorize Mayor Wehmann and the City Attorney to do whatever is necessary to intervene in the UP&L rate case on behalf of the City of Ammon. The motion was seconded by Councilwoman Dille; voting was Rowberry yes, Dille yes, Lee yes, Swensen yes; motion carried. Ordinance No. 176, an ordinance annexing the L.D.S. Ammon Stake Property on Ammon Road, was presented and noted to have been acted upon at the May 15, 1979, meeting without being published pending the signing of the Annexation Agreement, which is now in order and filed in the City records. The Ordinance was read by title as follows: "AN ORDINANCE ANNEXING CERTAIN LANDS TO THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO; DESCRIBING WITH PARTICULARITY SAID LANDS TO BE ANNEXED AND HEREBY ANNEXED AND DECLARING SAID LANDS A PART OF THECI'rY OF AMMON, BONNEVILLE COUNTY, IDAHO; DETERMINING THE PROPER ZONING FOR CLASSIFICA- TION OF THE ANNEXED LANDS AND TERRITORY UNDER THE ZONING ORDINANCE OF THE CITY OF AMMON, IDAHO; PROVIDING FOR AN EFF~CTIVE DATE FOR THIS ORDINANCE AND OF THE ANNEXATION OF SAID LANDS." It was moved by Councilwoman Dille and seconded by Councilman Lee that the rule requiring the reading of the ordinance on three different days be dispensed with and that the three readings be waived. Voting on the motion was Dille yes, Lee yes, Rowberry yes, Swensen yes; motion carried. Ordinance No. 176 was again read by title and in full. Council- woman Dille moved that Ordinance No. 176 be adopted as an ordinance of the City of Ammon on its third and final reading. The motion was seconded by Councilman Lee; voting was Dille yes, Lee yes, Rowberry yes, Swensen yes; motion carried and Ordinance No. 176 adopted. A request from Clyde Johnson, a representative of Utah Power & Light Company, regarding the need for a letter of notification about the City's desires relative to the three street lights on 17th Street between Avocet Drive and Midway Avenue, was discussed. It was explained that the County has recently discontinued being responsible for these lights due to the area having been annexed into the City of Ammon several months ago. Council- woman Dille moved to have the Director of Public Works make an on-site survey and re- commend which of the lights should be retained or removed. The motion was seconded by Councilman Rowberry, voting was all in favor, motion carried. December 6, 1979 12H Councilwoman Dille reported that Attorney Anderson is working on the new dog ordinance, and that the City-sponsored basketball program is getting under way with Rich Webb in charge. According to Councilman Rowberry, copies of an ordinance to amend the special use permit provisions will be distributed to the members of the Planning and Zoning Commission, and a public hearing is to be scheduled on this subject. Councilman Lee re- viewed the latest Fire Department re~ort and noted that chimney fires are predominant. Attorney Anderson mentioned that he attended a recent pre-hearing conference on the UP&L rate increase,and that the Cit~ of Idaho Falls has dismissed the notice of appeal on the powerline loop court case. Ciiy public works matters reviewed by Hayse Whiteley included skating rinks, repair of the half-ton pickup, tennis court lights, sewer meters, and bids on a small snow plow. A report by Engineer Benton referred to correcting the drainage problem on the south end of Rich Lane, and information relative to arriving at a charge I for operation and maintenance of sewer lines under the agreement with the City of Idaho Falls. He mentioned also that he had talked to representatives of H-K Contractors about the shallow depth of the waterline in the Mountain Valley subdivision, and it had been indicated that the contractor is at fault if such a condition exists. With reference to the recent complcations resulting from the sewerline repair at 2995 Central Avenue, Mayor Wehmann recommended that some kind of agreement be signed by the property owner before digging is started on sewer or water line problems, and Attorney Anderson commented that this could be part of the excavation permit. Claims to pay in the amount of $14,755.34 were presented by the City Clerk and approved by the Mayor and Council. It was noted that the report on City Finances for Fiscal Year 1978, which included information on the Actual Use of Revenue Sharing Funds, has been mailed to the Census Bureau. Councilwoman Dille was all in favor. ATTEST: ~~/-W9~ CITY CLERK . moved and Councilman Rowberry seconded that the meeting adjourn; voting The meeting adjourned at 10:45 P.M. The next meeting will be Jan.3,1980. d~ k/d--...<. ~ MA R . CITY OF AMMON January 3,' 1980 Minutes of the Regular Meeting of the Mayor and City Council: I The meeting was called to order at 7:35 P.M. by Mayor George Wehmann, with the following City Officials present: Mayor George Wehmann Clerk Deon Hemingway Councilwoman Carol A. Dille Attorney W. Joe Anderson Councilman Russell N. Swensen Engineer David E. Benton Councilman Francis Lee Public Works Director Hayse L. Whiteley Councilman David Rowberry Councilman-Elect Thayle D. Monson Also present during the meeting were Gwen Monson, Shane L. Monson, Kellie Beasley, Jessie A. Gifford, Nadine Call, and Scouts Blaine and Brian Call. The pledge of allegiance to the flag was conducted by Councilwoman Dille and the invoca- tion was offered by~ayo:rWehmann. Minutes of the meetings on October 18, 1978, November 1, 1979, November 10, 1979, and November 15, 1979, were approved as prepared. Mayor Wehmann, who is a volunteer fireman, gave a report on the fire on Saturday, Dec. 29th, at the David Groberg residence, 3350 Southwick Lane, which resulted in the death of a young girl who was a guest in the home. He noted that the City siren was sounded at 7:13 A.M., that the City fire truck and District tanker were at the scene in six minutes (7:19 A.M.), that Ammon Chief Marvin McGary requested assistance from the Bonneville Fire District under the Mutual Aid Agreement, and that one District truck arrived at 7:21 A.M. and the second District truck and the ambulance arrived at 7:31 A.M. A total of 15 members of the Ammon Volunteer Fire Department responded to the alarm. I Initial attempts to gain access to the basement (where the fire apparently started) were stopped by the intense fire in the room at the base of the stairs and the intense smoke encountered throughout the home, and the structural safety of the stairs was a concern. Investigation of the fire is continuing under the direction of the Bonneville County Sheriff's Department with assistance from State Fire Investigators, and it is unknown when this investigation will be completed. The Mayor and Council members expressed appreciation for all those who responded to the fire. With reference to the Sewer and Water Bond payment, which was due on January 1, 1980, Mayor Wehmann explained that he sent a letter to Farmers Home Administration giving notice that payment will be delayed until the third week in January, as advised by the Auditor, which will save paying interest on a tax anticipation note. He also reported that, after consulting with the Auditor, the offer of the Iona-Bonneville.Sewer District to payoff on the contract with an interest factor of 12% was countered wlth an offer of 9% but there has been no response, and David Benton, representing the Sewer District, st~ted that the Sewer District Board has decided to continue paying in accordance with the contract.