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Council Minutes 11/20/1980 Nov. 20, 1980 158 CITY OF AMMON November 20, 1980 Minutes of the Regular Meeting of the Mayor and City Council: The meeting was called to order at 7:30 P.M. by Council President Russell N. Swensen, in the absence of Mayor George Wehmann, with the following City Officials present: Councilman Russell N. Swensen Clerk Deon Hemingway Councilwoman Carol A. Dille Public Works Director Hayse L. Whiteley Councilman Thayle p. Monson Attorney W. Joe Anderson Engineer David E. Benton Absent: Mayor George Wehmann Councilman David Rowberry Also present during the meeting were Scout Leader Max Rowberry and Scouts Paul Bradley, Steve McMurtrey, Doug Hart, Shaunth Huntsman, and Val Haddon. I The pledge of allegiance to the flag was conducted by Councilman Monson and the invoca- tion was offered by Councilman Swensen. It was moved by Councilwoman Dille and seconded by Councilman Monson, with voting unanimous in favor, that the minutes of the meetings on August 14 and August 21, 1980, be approved as prepared. The Certification of Street Revenue and Expenditures Report for Fiscal Year 1980, as prepared by the City Clerk, was reviewed. Councilwoman Dille moved to approve said report; the motion was seconded by Councilman Monson; voting was Dille yes, Monson yes, Swensen yes; motion carried. Ordinance No. 185 was introduced and read by title: AN ORDINANCE OF THE CITY OF AMMON, IDAHO, RELATING TO CROSS-CONNECTIONS INTO THE CITY WATER SUPPLY SYSTEM; STATING THE PURPOSE; DEFINING TERMS; REQUIRING BACKFLOW PREVENTION DEVICES TO PROTECT THE CITY WATER SUPPLY; PROVIDING FOR TYPES OF PROTECTIVE DEVICES AND MANNER OF INSTALLATION; PROVIDING FOR INSPECTION AND TESTING OF BACKFLOW PREVENTION DEVICES; PROVIDING FOR TERMINATION OF SER- VICE IN THE EVENT OF NON-COMPLIANCE; PROVIDING FOR CROSS-CONNECTION INSPECTION BEFORE DELIVERY OF WATER AND PERIODICALLY THEREAFTER; PROVIDING FOR INSTALLA- TION PERMITS; PROVIDING REMEDIES FOR ENFORCEMENT, INCLUDING TERMINATION OF WATER SERVICE, CORRECTION AT THE EXPENSE OF THE LANDOWNER AND LEVY OF A SPECIAL ASSESSMENT; DECLARING VIOLATIONS OF THE ORDINANCE TO BE A NUISANCE; PROVIDING FOR PROSECUTION OF A CIVIL ACTION; PROVIDING THAT VIOLATIONS OF THE ORDINANCE CONSTITUTE A MISDEMEANOR; DISCLAIMING LIABILITY OF THE CITY; PROVIDING THAT THE PROVISIONS OF THE ORDINANCE ARE SEPARABLE; AND PROVIDING FOR AN EFFECTIVE DATE. Councilwoman Dille moved that the City Council dispense with the rule requiring the I reading of the ordinance on three different days and that the three readings be waived and that Ordinance No. 185 be placed on its third and final reading. The motion was seconded by Councilman Monson; voting was Dille yes, Monson yes, Swensen yes; motion carried. Ordinance No. 185 was read in full. It was moved by Councilwoman Dille and seconded by Councilman Monson that Ordinance No. 185 be adopted as an ordinance of the Ci ty of Ammon on its third and final reading; voting was Dille yes, Monson yes, Sw'ensen yes; motion carried and Ordinance No. 185 adopted. Attorney Anderson instructed that a copy of the ordinance be sent to the appropriate office of the State Department of Health and Welfare. It was announced that Kendal Kiesel of 3950 Geprgia Lane has applied for a Special Use Permit in connection with his request to keep horses on his lot, which has been a matter of business in several previous meetings, and a public hearing was scheduled for 7 P.M. on December 4, 1980. In response to a report by Councilwoman Dille tl:lat she had not found anyone to direct the City-sponsored basketball program for the season, there was a recommendation that the high-school coach be contacted for some suggestions. It was mentioned that the railroad boxcars which have been donated by Union Pacific Railroad for storage buildings should be moved to the City parks the following day, and a billing for reimbursement from the BOR Grant can be submitted immediately. Attorney Anderson reported that a claim has been filed with the County regarding the problem of traffic court fines which were not remitted to the City and he has taken the necessary legal action to obtain a judgment on the Eastgate Mobile Village account. I A recommendation made by the Planning and Zoning Commission regarding amending the City code, Section 6-2-16, in relation to the area requirement for animals in overlay zones and Section 6-2-18 on the subject of livestock animals in locations not in the overlay zone was reviewed, and Attorney Anderson stated that these amendments could be made but recognition would have to be given to the non-conforming conditions now existing. It was decided that this matter should be taken under advisement until Mayor Wehmann has a chance to make comments. Hayse Whiteley, Public Works Director, informed the Council that there are dumpsters which are not owned by the City at two of the churches now, but they will not be emptied by the City crew as long as there has not been any agreement made regarding liability for damage. He reported that the sanitary facilities of Ammon Produce are now' hooked up to the City sewer system but the industrial waste remains unconnected. Hr. Whiteley noted, also, that the water supply for Ammon Produce, which comes from a private well, was tested recently and found to be safe, and he recommended that the business not be required to connect to the City water system as long as the private well water is potable since the watermain would have to be extended at City expense in order to provide City water at that location. I ~ c.o f' o <( <[ I I Nov. 20, 1980 iSH Councilman Swensen gave a short report on the AIC Legislative Meeting which he attended recently. The City Clerk presented claims in the amount of $7,436.20 which were approved for payment. It was noted that approximately 350 requests for the Energy Audit have been received and nearly 170 residents have volunteered to help with the pro- ject which is a joint effort of the City of Ammon and Utah Power & Light Company planned for the week of December 1st through 5th. An ordinance to regulate the retail sale of wine was presented by Attorney Anderson, who explained that this ordinance was in compliance with the initiative passed in the recent county election and was patterned after the ordinance adopted by the county except that "by-the-drink" sales would not be allowed in Ammon to be consistent with the existing ordinance which does not allow the sale of beer by the drink. After a short discussion, the ordinance was introduced as Ordinance No. 186 with the following ti tle: AN ORDINANCE OF THE CITY OF AMMON, A MUNICIPAL CORPORATION OF IDAHO, PRO- VIDING FOR THE RETAIL SALE OF WINE IN ACCORDANCE WITH CHAPTER 13 TITLE 23, IDAHO CODE, BY PROVIDING DEFINITIONS; REQUIRING A CITY LICENSE FOR THE RE- TAIL SALE OF WINE; PROVIDING THAT RETAIL SALE OF WINE BY THE DRINK FOR CONSUMPTION ON THE PREMISES SHALL NOT BE LICENSED; PROVIDING THAT A BEER LICENSE IS REQUIRED BEFORE A WINE LICENSE IS ISSUED; DEFINING THE QUALIFI- CATIONS OF A LICENSEE; ESTABLISHING THE LICENSE FEE; SETTING RESTRICTIONS ON TRANSFER OF LICENSES; SETTING FORTH CONDITIONS OF POSSESSION; PROVIDING FOR TIMES OF SALE; PROHIBITING MISREPRESENTATION OF AGE FOR PURPOSES OF SALE, CONSUMPTION OR POSSESSION; PROHIBITING PERSONS FROM DRIVING UPON A PUBLIC HIGHWAY OR STREET WHILE CONSUMING OR IN POSSESSION OF AN OPEN CON- TAINER OF WINE; PROVIDING A PENALTY FOR VIOLATION; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR THIS ORDINANCE TO BE IN FULL FORCE AND EFFECT AFTER ITS PASSAGE, APPROVAL AND PUBLICATION ACCORDING TO THE LAW Ordinance No. 186 was read in full. It was moved by Councilman Monson and seconded by Councilw'oman Dille that the Council accept the first reading of Ordinance No. 186. Voting was Monson yes, Dille yes, Swensen yes; motion carried. The Council members agreed to consider action on the second and third readings of the ordinance in the next meeting. A motion to adjourn made by Councilwoman Dille vms seconded by Councilman Monson; voting was unanimous in favor; meeting adjourned at 9:lli5 P.M. ATIEST, .~ 2&77 CI'IT CLERK ~~)1~ / ~NG MAYOR CITY OF AMMON December 4, 1980 Minutes of a Public Hearing before the City Council: The meeting was called to order at 7:20 P.M. by Acting Mayor Russell N. Swensen with the following City Official present: Acting Mayor Russell N. Swensen Councilman Thayle D. Monson Councilman David Row'berry Others present during the meeting were Debbie Merrill, 3920 Georgia Lane, and Marsha Morgan, 3980 Georgia Lane. (Councilman Sw'ensen conducted the meeting for Mayor George Wehmann, who had declared con- flict of interest since he lives in the neighborhood of the resident for whom the public hearing was being held.) It was noted that this was the advertised time to have a public hearing on an application submitted by Kendal Kiesel, 3950 Georgia Lane, request- ing a Special Use Permit to allow horses on his lot, which is not zoned for livestock animals and on which a zone change was denied at the meeting on November 6, 1980. The two residents present were given an opportunity to make comments. Mrs. Morgan stated that she had come mostly to see what is decided and would rather not have the animals there but, if approved, would like to have the fence line changed on the east side of the Kiesel's lot so that the horses can not chew on the cedar fence which the Morgans have put up. A comment by Mrs. Merrill indicated that she would like to see the permit, if granted, limit the Kiesels to two horses. Councilman Swensen noted that a letter in favor of allowing animals on the Kiesel's lot from one of the property owners in the neighborhood, Blair Andrews of 2705 Ross Avenue, is on file with the City. There being no further comments from the public, the Council members discussed briefly some conditions which could be made under a special use permit, such as time limits and space requirements, and pointed out that there are other enforcement avenues to follow' if the situation becomes a nuisance. The hearing was closed at 7:40 P.M. ~~~. If. ~ /~ City Clerk Dean Hemingway Public Works Director Hayse L. Whiteley ~ ATIEST, ~cn ~77 CI CLERK