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Council Minutes 06/05/1980 I ~ c..o l'- U <t <:t I I CITY OF AMMON June 5, 1980 143 Minutes of a Public Hearing and the Regular Meeting of the Mayor and City Council: The meeting was clled to order at 7:00 P.M. by Mayor George Wehmann, with the following City Officials present: Mayor George Wehmann Deputy City Clerk Aleen C. Jensen Councilwoman Carol Dille Engineer David E. Benton Councilman Russell N. Swensen Attorney W. Joe Anderson Councilman Thayle D. Monson Public Works Director Hayse L. Whiteley Councilman David Rowberry Jim McNett, Chairman Plannin~ & Zoning Others present during the meeting were Ed Bloxham, Tiny Tots Incorporate~;Mickey Towers, Tiny Tots Day Care Center; Delsa Gifford, 3035 Central Ave. (also an employee at Tiny TotsDayGare Center); Kent Wood, 2080 Sabin Drive; Michael Jones, 1805 Midway Avenue; Lee Dille, 3095 Central Avenue; Michael R. Berg, 2040 Dove Drive; and Jay Radford, Mayor of Dcon. The pledge of allegiance to the flag was conducted by Councilman Swensen and the invo- cation was offered by Councilman Rowberry. Later in the meeting, the minutes of the meetings on March 20, April 3, and April 17, 1980, were approved as prepared. It being the advertised time and place and the adjacent property owners havang been properly notified, the meeting was opened as a public hearing on the request for a special use permit for Tiny Tots Day Care Center, 3415 Molen Street, to operate in an R-l Zone. Councilman Rowberry reported from the proceedings of the Planning and Zoning Commission that the mothers were favorable towards the day care center, the neighbors were favorable except for Lee Dille who expressed concern regarding the sign and safety measures, and approval was recommended. Mayor Wehmann stated that he had discussed special use permits with Attorney Anderson and the limitations recommended by the Planning and Zoning Commission. The Attorney advised that the City should be concerned only with use of the property at this time, and operations would be governed by the appropriate City ordinances. Lee Dille voiced the opinion that the operations are satisfactory at the present, but he is concerned about a means of control to eliminate adverse conditions. Questions about the operation were directed to Mickey Towers and Ed~Bloxham. It was brought out that the present enrollment is 17 children ages 1 month to 5 years with a maximum ~apacity of 40, there are two adult supervisors, the main floor area is approxi- mately 1600 square feet with three bathrooms, and the basement is not being used but it would be desirable to use it for play during inclement weather. Jim McNett, Chairman of the Planning and Zoning Commission, brought out that the neighbors consider the center a great service, that use of the basement creates a problem, that there is concern for the upkeep of the property, and that the fence needs to be child-proofed. The public hearing was closed, and the regular City Council Meeting continued. Councilman Rowberry moved that the City grant a special use ~ermit to the Tiny Tots Day Care Center under its present management, Tiny Tots Inc,orpor,a ted, Until such time as it is sold or changes hands, and that the special use permit be contingent upon: Hours of operation be 6:30 A.M. to 9:00 P.M. Mondays through Fridays, at no time will there be more than 40 children, the ground level only be used, and the permit be reviewed every year by the City Council and renewed every three years. The motion was seconded by Councilwoman Dille. Mayor Wehmann asked for further questions and asked the management if there were any problems with the restrictions stated. Roll call vote was Dille yes, Rowberry yes, Swensen yes, Menson yes; voting was unanimous in favor, motion carried. Kent Wood appeared before the City Council in regard to his request for a ~oning vari- ance in Westwood Addition. It was explained that the owners of the Westwood Addition are proposing t~ build up to 17 duplex units on the lots that are zoned R-2,sso tha duplexes fit well with the zoning ordinance according to size, height, and set-back; however, a problem arises in satisfying both FHA requirements and City zoning, since FHA requires individual ownership of the land and the zoning requires a 15-foot separation of dwellings. With the plans as presented, ownership would occur on a common wall, and the distance be- tween the duplex buildings would be 10 feet where the carports are located and 18 feet between the living-unit portion of the structures. Discussion ensued regarding the proper way to handle the situation, and the legal opinion of Attorney Anderson was that a vari- ance covers sideyards, therefore a variance should be the procedure to follow. TherH was some concern expressed regarding adequate access for emergency vehicles. Councilwoman Dille moved that the City grant a variance to Kent Wood for the construction of up to 17 duplex units in Westwood Addition with a zero sideyard on one side and a five-foot sideyard on the other side of the unit as per the submitted plan. Councilman Swensen seconded the motion; voting was Dille yes, Rowberry yes, Swensen yes, Monson yes; motion carried. It was noted that the Fire District Commissioner had requested to be placed on the agenda for the meeting; however, he called to advise he would not be present as planned. Jay Radford, Mayor of Dcon, met with the Mayor and Council to discuss law enforcement and how the City of Ammon felt about coverage by Bonneville County. Mayor Radford ex- plained that the Dcon patrol car was lost in an accident, and the City officials are wondering which is the best route to take now. Discussion brought out that the County deputies are good about traffic control, investigating burglaries, responding to acci- dents, and calling about something being unlocked, but don't seem too happy with en- June 5, 1980 144 forcing City Ordinances and animal control, and people complain that they never see them patrolling the area. The comment was made that Bonneville County handles the law enforce- ment as well as can be expected under the circumstances and that Sheriff Skinner is cooperative. Mayor Wehmann introduced Jay Radford, Mayor of Ucon, as the Chairman of the High Country Resource Conservation and Development Area. It was explained that the organization is similar to BCOG except it does not include Idaho Falls and that Ammon paid $25 for member- ship. Monthly meetings are held at the Soil Conservation Office in Rexburg, and the next meeting is scheduled for July 8, 1980, at 8:00 P.M. Since Mayor Wehmann has been unable to attend, he gave the materials to Councilman Swensen to be responsible for and, if Councilman Swensen can't attend, he is to call the Mayor. I Michael Jones of Servisoft, 3250 E. 17th Street, appeared before the Council to discuss a letter he had written to Attorney Anderson on May 28 stating that he planned to hook on to the sewer and expressing his feelings about the seepage pits, and another letter he had written to the Mayor concerning the problems of hooking on to the sewer. Mr. Jones wanted an opinion on the letter to Attorney Anderson, and he wanted a letter from the City of Ammon on letterhead saying that he had been required to hook on to the sewer and it was necessary to hook on in the position it was done. This letter would be for his files in case he ever sold the property and there was a problem with the sewer in connection with the fact that the location of the service line did not meet State code. The Mayor and Council agreed to discuss the matter and then get back with Mr. Jones. It was pointed out that the Council had previously agreed that, if the sewer stub-out was not where the City had located it,the City would pay for the extra backhoe work. Mr. Jones stated that there were four different locations marked, and the sewer stub-out was finally found It feet from the water line; consequently payment to Loveland Con~ struction for backhoe work, as noted above, was approved. A recommendation was made that the City be more careful about making inspections and drawings before backfilling is allowed when sewer stub-outs are installed to avoid problems like this in the future. A claim submitted by Warren Bird, who lives in Milo but owns the rental home at 3870 Aspen Lane, was taken under consideration. Councilman Rowberry explained that, according to Mr. Bird, the City pulled his irrigation culvert out when Aspen Lane was improved and did not replace it, so he believes the City should pay his bill from Progressive Irriga- tion District. Engineer Benton was asked to research what happened and advise Council- man Rowberry so that a decision can be made at the next meeting. Michael Berg, 2040 Dove Drive, appeared and complained that a junk-car problem exists at I 2045 Dove Drive again, and the City officials agreed to check the situation and take appropriate action. It was reported that no bids have been received from the advertising of the surplus 1970 Plymouth Fury for sale. A report by Mayor Wehmann indicated that the City and he, as Mayor, are being sued by Ammon Plumbing in connection with the sewer problem at the Gene Birch property, 2995 Central Avenue. Regarding the delinquency for City utility services at Eastgate Mobile Village, Attorney Anderson was given a copy of the Notice of Sheriff's Sale for June 24, 1980, with the intention of following through in the matter of the judgment which has been filed. Mayor Wehmann mentioned that Senator Frank Church is pursuing a zip code for Ammon, and that the proposed contract for law enforcement by Bonneville County for Fiscal Year 1981 has been received for approval. Regarding the bicycle lanes, as referred to in the May 15 meeting, it was pointed out that the City of Idaho Falls has voted against the master plan so it seems to be a dead issue at the present time. In response to a report that a temporary laborer was injured when he was knocked off the truck while moving picnic tables, the Council requested the maintenance employees be required to wear hard hats. Councilwoman Dille was asked to discuss CPR training with Evan Thomas, Pool Manager. In discussing the reaction of residents to the summer watering charge, it was brought out that Mayor Wehmann received a letter of opposition from Mrs. Merle Quigley, and that people who have called Councilman Rowberry have been advised that the Council will take another look if the money is not needed. Councilman Monson agreed to make a ~horough study of costs for tennis court lights so that a decision about their use can be made, I and he mentioned that the Ammon Lions Club is considering donating a shelter and fire- I place in Peterson Park. As a result of an inquiry by Councilman Rowberry regarding 4-way stop signs at Curlew Drive and Salmon Street for the safety of children in the lions Park area, especially during ball games, Attorney Anderson advised that the Council could recommend this for the safety and welfare of the citizens, and it was moved by Councilman Rowberry and seconded by Councilman Monson that, due to heavy usage of Lions Park and the safety hazard, the intersection at Curlew and Salmon be made a 4-way stop; voting was unanimous in favor; motion carried. It was reported that two letters have been received from the Health Department request- ing that certain changes be made at the swimming pool before the next season, and Mayor Wehmann was given copies of the letters. According to Councilwoman Dille, a request for an extension on the BOR Grant for park improvements was mailed out on May 30, 1980, and Councilman Swensen made suggestions for getting help on the park project through 4-H and University Extension programs. I ~ to f' U d: <:[ I I Jun~ 5, 1980 145 The matter of lights for night swimming at the pool was discussed at length, and it was decided that the pool manager should determine if lights are required for safety and, if needed, Councilman Monson, as the expert, is to advise if it will be best to replace the underwater lights or install the new overhead lights which are on hand; consequently, it was moved by Councilman Rowberry and seconded by Councilman Monson that the Council reconsider the decision made at the last Council meeting to install overhead lights at the swimming pool; voting was Rowberry yes, Monson yes, Dille no, Swensen no; tie vote; Mayor Wehmann voted yes; motion carried. Hayse Whiteley, Public Works Director, acquainted the ~ayor and Council with special work items and recent purchases for repair of equipment. Attorney Anderson recommended Blair Grover of Rigby as legal counsel for the suit against H-K Contractors regarding sewer leaks, and approval was indicated. Reference was made to a seminar on water system back-flow prevention which is to be held in Pocatello. It was noted that there will be no regular meeting on June 19 because of the AIC Con- ference on that date. Mayor Wehmann asked that Council members have preliminary FY-81 budget figures ready by July 1. Claims in the amount of $16,796.11 were approved for payment. It was moved by Council- woman Dille and seconded by Councilman Swensen that the meeting adjourn; voting was all in 'favor; meeting adjourned. C', ~~;k~~A~ ---M OR ATTEST: '- ~.~,c: CITY CLERK (Minutes taken by Aleen C. Jensen, Deputy City Clerk) June 19, 1980--No Council Meeting due to AIC Conference CITY OF AMMON July 3, 1980 in Pocatello. Minutes of the Regular 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 Councilman Russell N. Swensen Councilwoman Carol A. Dille Councilman David Rowberry Absent: Councilman Thayle D. Monson The pledge of allegiance to the flag was conducted by Councilman Rowberry and the invoca- tion was offered by Councilman Swensen. With reference to the complaint made at the previous meeting regarding littering at 2045 Dove Drive, Mayor Wehmann and Councilman Rowberry reported having looked at the yard at that address and found that the problem had been corrected. The Warren Bird claim, which was brought up for consideration at the June 5th meeting, was discussed again without decision since the existence and removal of a culvert as claimed by Mr. Bird had not yet been researched and verified. A bid on the 1970 Plymouth Fury pOlice/fire car, which has been declared sunplus, was opened and read, and it was agreed that the bid for $20 from Delbert Colby was too low. Councilman Swensen moved that said bid be rejected and the motion was seconded by Council- woman Dille; voting was all in favor; motion carried. Instructions were given to re- advertise to accept bids on the surplus vehicle. Clerk Deon Hemingway Public Works Director Hayse L. Whiteley Engineer David E. Benton Mayor Wehmann reported that the City office was burglarized recently, with a loss of approximately $64 in coin and currency, and the lock on one door was ruined. Regarding the City's efforts to get the Ammon Produce Company hooked on to the sewer system, Mayor Wehmann reported that a meeting was held with the owner, Ernest Martin, who requested plans and information on costs so he can determine how to take care of the matter. Engineer Benton agreed to check with the City of Idaho ~lls on the requirements for holding tanks for industrial waste and to prepare a sketch of suggested settling pond plans. In response to an inquiry by Mayor Wehmann, Attorney Anderson explained that the City has not been granted a judgment against Eastgate Mobile Village on the delinquent account so is not in a very good position to receive any money. Mayor Wehmann indicated that he would write a letter to the new owner of the trailer court and ask for what help can be given in collecting the approximately $5,600 due. It was mentioned that plans for Ammon Day on July 12th are going ahead. Councilwoman Dille announced that the BOR Grant for park improvements has been extended until June, 1981, and that word has been received that two railroad cars, painted tree green, will be coming from Union Pacific in the near future to be placed in the parks for equipment storage purposes. It was pointed out that the new overhead lights have been installed at the swimming pool on the poles that were already there, and the manager re- ports that the lighting provided makes it possible to see to the bottom of the pool with no problem.