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Council Minutes 09/16/1982 CITY OF AMMON September 16, 1982 September 16, 1982 217 I City Clerk Deon Hemingway Public Works Director Hayse L. Whiteley Attorney W. Joe Anderson Engineer David E. Benton Planning Commission Chairman Jim McNett Absent: Councilwoman Carol A. Dille A~so present during the meeting were Stephen and Janice Duce, 2815 Ross Avenue, and Mlchael Jepsen, insurance representative. The pledge of allegiance to the flag was conducted by Councilman Swensen and prayer was offered by Councilman Williamson. Stephen and Janice Duce, 2815 Ross Avenue, were given time to discuss their inquiry about whether or not a special use permit is needed for operating a State-licensed day care center in their home located in an RPA Zone where businesses are not allowed. In response to a question by Mayor Wehmann regarding getting State approval if the day care center is to be in the basement of the house, Mrs. Duce indicated that she had already checked with the State agency about this. When Mrs. Duce inquired if a special use permit was really necessary considering that others are operating similar businesses in the neighborhood, it was pointed out that the information which she submitted prior to the meeting men- tioned the need to have one other person on the staff which makes the situation different from the regular home occupation that restricts employees to family members and, also, because of the expressed intention to build an addition on the house and use the basement of the new area for the business, it is advisable to get the feelings of the surrounding property owners through the public hearing process as required for a special use permit before putting out money for building. In connection with home occupations existing in violation of the zoning regulations with the City taking no action, Attorney Anderson advised that it is not possible to gain a right against an ordinance by the City's failure to enforce. It was recommended that an application for a special use permit be filed if Mr. and Mrs. Duce want to go ahead with their plans and, depending on the necessary papers being submitted in time to meet the legal advertising requirements, a public hearing on this matter can be scheduled for the next meeting of the Planning and Zoning Commission on October 12, 1982. 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 Councilman Thayse D. Monson Councilman Robert D. Williamson ~ LO I' o <t <t I I Discussion followed on an inquiry about a special use permit for placing a mobilehome in an R-l Zone in the backyard of a residential lot on which there is an existing house. (Tbe inquiry was made by Lisa Robinson and was concerned with property on Circle S Drive.) The Council members agreed with Mayor Wehmann's observation that this could not be con- sidered since a lot in an R-l Zone is for one single-family dwelling and a special use permit cannot be used to get around the zoning. Planning and Zoning Commission Chairman, Jim McNett, reviewed comments made by the Commission members regarding a proposed ordinance to establish procedures for conducting public hearings. He also asked Attorney Anderson a question about putting stipulations on a zoning,as related to some requested zone changes on property on the north side of 17th Street, which the Attorney answered with an explanation that only those conditions can be attached which are written into a development agreement. OrdiBance No. 193, having the following title, was introduced: AN ORDINANCE ESTABLISHING AND ADOPTING PROCEDURES FOR THE CONDUCT OF PUBLIC HEARINGS BEFORE COMMISSIONS OR THE CITY COUNTIL OF THE CITY OF AMMON; PRO- VIDING FOR REPEAL OF ALL ORDINANCES, RESOLUTIONS, RULES AND POLICIES IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE THEREOF. Councilman Williamson moved to dispense with the rule requiring the reading of the ordi- nance on three different days and to place Ordinance No. 193 on its third and final reading. The motion was seconded by Councilman Swensen; voting was Williamson yes, Swensen yes, Monson yes; motion carried. Ordinance No. 193 was read by title and in full. It was moved by Councilman Swensen and seconded by Councilman Monson that Ordinance No. 193 be adopted as an ordinance of the City of Ammon on its third and final reading. Voting on the motion was Swensen yes, Monson yes, Williamson yes; motion carried and Ordinance No. 193 adopted. Michael Jepsen, representing Fred A. Moreton Insurance, reviewed the City's present policy for property and liability insurance. He pointed out that the coverage includes several items to protect the City on lawsuits, such as civil rights, errors and omissions, libel, and slander, and that elected officials, employees, volunteers, attorney, etc., are named under this protection. According to Mr. Jepsen, the renewal date on the 3-year policy is October 1, 1982, with the premium figured to be about 5% more than last year because of a recommended increase in the coverage on buildings. The Mayor and Council agreed that the City should continue with the same policy, and it was noted that cities in Idaho having insurance with the company for which Fred A. Moreton Insurance is an agent participate in a dividend program through the Association of Idaho Cities. Mayor Wehmann explained that official action is necessary to put into effect the in- creases in water and sewer rates on which the FY-198J budget is based. The following resolution relative to fees for water service was presented for consideration: RESOLUTION NO. 82-2 WHEREAS, THE CITY OF AMMON, Bonneville County, Idaho, has adopted, by Ordinance, the provision requiring a monthly service charge to be paid. by any user utilizing the city water system, wherein such person is a customer by having a customer line connected to the city water main; and WHEREAS, the City Ordinances of the City of Ammon provide that the water rates to be charged to customers shall be established by resolution of the Council and posted in the Clerk's Office and may be amended from time to time by resolution; and WHEREAS, the City Council has examined the rates now being charged and have determined, and do hereby find, that such rates should be revised to meet expenses of operation, bond service, maintenance, repairs and other appropriate charges; NOW THEREFORE, be it hereby resolved by the City Council of the City of Ammon as follows: Section 1. That the water rates to be charged by the City of Ammon, for the monthly service charges for water service from the City of Ammon water system to the customers through the City water mains are hereby found to be reasonable in the following amounts and are hereby fixed as follows: a. Residential Users: 1) Single family dwelling Each dwelling Internal use External use 2) Multi-dwelling units (including apartments and condominiums) Single apartment within single family dwelling Internal use External use Duplex, each unit Internal use External use Triplex, each unit Internal use External use Fourplex, each unit Internal use External use Five or more units within a complex, each unit Internal use External use J) Trailer courts, each space Internal use External use b. Commercial users: 1) Barber and beauty shops Each basin Minimum Restaurants, including drive-ins Construction service Each building site Rest homes, per patient Internal use External use 5) Schools Per student based on enrollment on Sept. 20th Internal use External use 6) Churches, per congregation Internal use External use 7) Water consuming business conducted within single dwelling units Minimum* Grocery stores Minimum* Other businesses not specified above Minimum* Metered Businesses Residential (to be set later) September 16, 1982 218 2) J) 4) 8) 9) 10) I $ 8.50/mo. l. OO/mo. 8.50/mo. .OO/mo. 8.50/mo. .50/mo. 8.50/mo. . 35/mo . I 8.50/mo. . 25/mo . 8.50/mo. .20/mo. 6.50/mo. .20/mo. 4.00/mo. 8.50/mo. 22.50/mo. 7.50/mo. l.25/mo. . 25/mo . .13/mo. .05/mo. I 8.50/mo. l.OO/mo. 8.50/mo. 8.50/mo. 8.50/mo. .50/1000 gal. 8. Charges for use of the City water system by users outside the City limits shall be one-and-one-third (1-1/3) times the above stated charges f. A 5% discount will be afforded apartment, condominium, and trailer-court complexes containing five (5) or more units provided a single payment in full is made by the 10th day of the month following the month for which ser- vice is being billed. Section 2. That a seasonal watering rate shall be charged for the months of May through September, inclusive, and is hereby found to be reasonalbe in the following amounts and are hereby fixed as follows: a. Single family dwelling b. Multi-dwelling units Single apartment within single family dwelling Duplex, each unit Triplex, each unit Fourplex, each unit Five or more units within a complex, each unit c. Trailer courts, each space d. Churches, per congregation Section 3. That the water service charges shall be due and payable before the 10th day of the month following the month for which service is received. Section 4. That the water rates as hereby fixed shall be in effect starting with the October, 1982, billing. Section 5. That a copy of this resolution shall be posted in the Clerk's office and subject to examination by any interested party. It was moved by Councilman Williamson and seconded by Councilman Monson that Resolution No. 82-2 be adopted. Voting on the motion was all in favor; motion carried. A resolution regarding sewer rates was also considered for action as follows: RESOLUTION NO. 82-3 WHEREAS, THE CITY OF AMMON, Bonneville County, Idaho, has adopted by Ordinance, the provision requiring a monthly service charge to be paid by any user utilizing the city sanitary sewer system, wherein such person is a customer by having a customer line connected to the city sewer main; and WHEREAS, the City Ordinances of the City of Ammon provide that the sanitary sewer rates to be charged to customers shall be established by resolution of the Council and posted in the Clerk's office and may be amended from time to time by resolution; and WHEREAS, the City Council has examined the rates now being charged and have determined, and hereby find, that such rates should be revised to meet expenses of operation, bond service, maintenance, repairs and other appropri- ate charges; NOW THEREFORE, be it hereby resolved by the City Council of the City of Ammon as follows: Section 1. That the sewer rates to be charged by the City of Ammon, for the monthly service charges for sanitary sewer service from the City of Ammon sewer system to the customers through the City sewer mains are hereby found to be reasonable in the following amounts and are hereby fixed as follows: a. Each dwelling unit (including but not limited to single family residences, house trailers, apartments, condo- miniums, multi-plexes) b. Each business unit, unless metered, shall pay at the rate of 100% of the internal-use water rate or a monthly minimum of $9.50, whichever amount is greater c. Schools, per student based on enrollment on Sept. 20th d. Advance service deposit Credited to account after 12 months of good paying record e. Delinquency payments Minimum payment to avoid termination of water service (see Section 8-4-43 City Code) I ~ CD I"- U <[ <( I I c. Advance service deposit Credited to account after 12 months of good paying record d. Delinquency payments Minimum payment to avoid termination of service September 16,1982 21H $15.00 Twice the regular monthly charge plus any unpaid shut-off charges $ 4.00/mo. O.OO/mo. 2.00/mo. l.OO/mo. l.OO/mo. l.OO/mo. l.OO/mo. 4.00jmo. $ 9.50/mo. .16/mo. 15.00 Twice the regu- lar monthly charge September 16, 1982 220 f. Charges for use of the City sanitary sewer system by users outside of the city limits shall be one- and-one-third (1-1/3) times the above stated charges g. A 5% discount will be afforded apartment, condominium, and trailercourt complexes containing five (5) or more units provided a single payment in full is made by the 10th day of the month following the month for which service is being billed Section 2. That the monthly sanitary sewer charge shall be due and payable before the 10th day of the month following the month for which service is received. Section 3. I That the sewer rates as hereby fixed shall be in effect starting with the October, 1982, billing. Section 4. That a copy of this resolution shall be posted in the Clerk's office and subject to examination by any interested party. . Councilman Swensen moved to adopt Resolution No. 82-3. The motion was seconded by Councilman Monson; voting was all in favor; motion carried. The rates as approved will be printed in the new payment books which will be sent out in October to all users of City services. In response to an inquiry by Mayor Wehmann about a challenge made by a resident in connection with the City's procedure for collecting deposits, Attorney Anderson advised that notices sent out regarding termination of water service for failure to pay a deposit to establish an account with the City need to include wording about the customer's rights under the due process of law. As suggested by Mayor Wehmann, an assignment was accepted by Councilman Swensen and Councilman Williamson to check and make a recommendation on an offer received from V. Melvin Brown regarding 1.406 acres of land, located adjacent to City-owned property north of 17th Street, which he would like to sell. Public Works Director, Hayse Whiteley, informed the Mayor and Council about repair work that needs to be done on one of the big shop doors and a project which the Water Super- intendent is working on to make drawings on index cards showing the location of the water service valves for all addresses in the City. As explained by Mayor Wehmann, it was felt advisable to change the medical insurance for I the City employees to $100 deductible because of a substantial increase in the premium for the present $50 deductible. In acoordance with a decision which went into effect several months ago, the employees will continue to pay 25% of the cost for medical and dental insurance. Claims to pay in the amount of $40,932.82 were presented by the City Clerk and were approved along with vouchers totaling $12,410.52 paid for payroll and related expenses since the previous meeting. A motion to adjourn was made voting was all in favor; the by Councilman Swensen and seconded by Councilman meeting adjourned at 9:45 P.M. dir~ it~~~t~r4A~ ./ MA OR . Williamson; ~- ATTEST, . . - .. . .. 77 CI~ C RK. I