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Council Minutes 03/17/1976 I o 00 l'e ~ ~ ~ I I - ------ -1 7 5 desires to return to this area. The need for such a facility has been established by a survey made 3 years ago. The location is advisable since most of the doctors for the Idaho Falls area live on the east side. Ambulance calls are expected to be at a minimum due to tr~ permanency of the occupants of the nursing home. Mayor Wehmann pointed out that this development would contribute considerably to the tax base for the City of Ammon without adding to the s ch90l problem. Mr. Call answered questions which indicated that the facility would have to be in- spected and licensed under state regulations, that the parking lot is planned for the front primarily to avoid a snow-,drifting problem in the winter, that the zoning change was requested only for the 5 acres needed for this development, that no federal funds will be involved, that the developer will put in all water and sewer lines, that the property will not be purchased by the Truscan Corporation if the State does not give approval on the proposed nursing home, and that construction would begin within 6 to 12 months after approval isrecei.ved. Mayor Wehmann called attention to the three-year moratorium committment which the City has to restrict digging into 17th Street after the pres~nt improvement project is completed, and suggested that the developer get plans under way so that the lines for utilities can be placed before the street constr,Uction is finished. Concern was expressed by several of the citizens present that some undesireable commercial use might be made of the property if it is zoned R-3A and the plans for the nursing home does not materialize. Tom Chriswell, Chairman of the Planning and Zoning Commission, reviewed the restrictions of the R-3A Zone and Attorney Anderson advised that the residents could request the zoning to be changed back to R-l if the proposed development is not carried out. It was noted by Mayor Wehmann that the recommendation of the Planning and Zoning Commission by unanimous vote, after having held a Public Hearing, 'is to re-zone the proJ?erty under discussion to R-3A. As a matter of record, it was also observed that there were no objections by the public present. Councilman Francis Lee moved that the zoning' of the 5-acre' tract north of 17th Street (Legal Description as follows: Beginning at a point East 65 rods and North 40 feet from the Southwest corner of Section 22, Township 2 North; Range 38 E. B. M. , Bonneville County, Idaho, and running thence. North 495 feet; thence East 440 feet; thence South 49-5 feet, mor~ or less, to the North right-of-way line of East 17th Street; thence West along said right-of-way line 440 feet, more or less, to the point of beginning.) be changed from R-l to R-3A. The motion was seconded by Councilwoman . Dille; voting was unanimous in favor; motion carried. The meeting was adjourned at 8: 35 P. M. fl./' .'7" /. J:-; ,....../~ . ' ..r.", // ......ctz~v (; (, it. h; _ . . rrz..-Q"_.'-'A_"--- . ,;/"MAYOR r CLERK ~,./ .' ,.'. . L ' . ~?L:h-?'"7'7- CITY OF AMMON March 17, 1976 Minutes of the Regular Meeting of the Mayor and City Council. The meeting was called to order at 7: 35 the following City Officials present: Mayor George Wehmann Councilman Russell N. Swensen Councilmafl. Francis Lee Councilman Marvin J. Anderson Councilwoman Carol A. Dille P..M. by Mayor George Wehmann, with Clerk Deon Hemingway Engineer David E. Benton Attorney W. Joe Anderson Maint. Supv. LaVern E. Williams Others present during the meeting were Victor Owens and his Boy Scout son, Mark Owens, two other Boy Scouts; and Bud Birch. The meeting opened with the pledge of allegiance to the flag and prayer by Mayor Wehmann. Minutes of the meeting of March 3, 1976, were approved as typed. 176 Addressing himself to the youth present, Mayor""Wehmann called attention to the expense of replacing street lights and tennis court lights which are broken out by vandalism, a factor in driving power costs up, and suggested that perhaps the young people could help in trying to keep these types of things down. COMMITTEE REPOR TS Public Works: The matter of a fire hydrant at Avocet and 11th Street was I d;is cus;sed. Engineer Benton explained that this was not put in under the Sewer Project contract because it would be located out in the street when the street is widened under the 17th Street Project. He felt that thi~ item could be included ~n the L.1. D. No. 7 work on 17th Street along with any needed extension of water and sewer 5ervice for property in the City on the north side of 17th Street. Engineer Benton recommended that water service connection costs should be re- viewed, and agreed to make a report on this at the meeting of April 21. I It was noted that the increase in water rates which was calculated into the budget should be effective Aprill, 1976, in order to generate the required amount of revenue,' and Attorney Anderson counseled that the City Code spedf,ies that such change.s must be made by resolution. Councilman Lee proposed the following re solution: WHEREAS it ha15 been, determined that the cost of operating the City water system has increased; I o 00 ~ CQ ~ ~ I I 171 NOW, THEREFORE, be it resolved by the Mayor and City Council of the City of Ammon that the rates for water service to Ammon resi- dential water users and such residential water users as are connected to the City water system outside the City be increased in the amount of $1. 00 per month for inside the City and $2.00 per month for out- side the' City, and this go into effect April 1, 1976., The total amount for City services inside the City will be $6.00 for water, $6.50 for sewer, . $2.00 for garbage collection; total $14.50 per month; for outside the City $12.00 per month for water. (Sewer $8.70 per month. ) Councilwoman Dille seconded the proposed resolution; a voice vote indicated ,unani- mous approval. Councilman Swensen moved to adopt the resolution to increase the rates for water service to City residential water users and outside -the -city residential water users. The motion was seconded by Councilman Lee; all members of the Council voted "aye" by voice vote; motion carried and resolution adopted. Councilman Lee reported that noting further had been done about removal of the tree stumps along Ammon Road. He indicated that he had talked to a salesman about ordering a new broom for the street sweeper. In response to an inquiry'by Mayor Wehmann regarding the street sweeper being used on county streets in the past, Councilman Swensen explain,ed that this had been in accordance with a coopera- tive agreement' with the County. Councilman Lee was asked to study this matter and make a recommendation. Bonneville Council of Governments: Councilman Swensen reported that there was no meeting of the BCOG on March 2. Mayor Wehmann mentioned that it is his under- standing that the subject of membership in the East Central Idaho Economic Devel- opment District is to come up again in the next BCOG meeting, and asked that a report on any revisions on the cost be brought back to the Council before a new decision re- garding the City of Ammon joining this organization can be made. He also requested that it be made known that the City of Ammon should be represented when there is any discussion regarding the extension of Hitt Road south of 17th Street. City Attorney: Attorney Anderson delivered complaint papers to take to the pro- secutor on the Fred Blair sewer line business, since there has been no response from Mr. Blair on the notices about the requirement to make connection to the sewer on his properties. Maintenance Supervisor LaVern Williams was asked to represent the City in this court matter. Papers on several delinquent accounts were presented to the City Clerk to process through the Small Claims court. Attorney Anderson reported that the Court has approved the City's recommended bail bond schedule on citations issued for violation of the Dog Leash Law, and instructed that reference be made to the first offense, etc., when subsequent citations are issued and bail bond posted. Regarding Ordinance No. 137 (amending the City Code on'sewers), Attorney Anderson noted that it has n.ot been read on its third reading, but recommended that this matter be postponed until final word. is received from E'PA on this matter. He made the Council aware that he will be replying to a request from the Home Owners Council to explain and justify the City's $200 sewer connection fee. City Engineer: Engineer Benton displayed plans for a drain at Geneva and Vaughn Street which he had prepared, and indicated that several contractors have been fav~tedto 'make bids on the job, with the opening to be at his office at 2 P. M., March 31, 1976. Councilman Lee inquired about a list on replacing sidewalks, etc., which had been mentioned to him, and Engineer Benton explained that this is work that the City is responsible for due to waterline settlement previous to the Sewer Project. Mr~ Birch, who was present, indicated that he had purchased some land from Virgil Hook east of Ammon Road, and was informe d that the property is not in the City of Ammon. Engineer Benton expressed a belief that this area had been annexed several years ago, and agreed to check the records on this. Fiscal Operations: According to Councilman Swensen, the Fiscal Operations Citizen Committee felt that the City should consider a suggestion made by Mayor Wehmann to use a coupon-book system for billing for water, sewer~ and garbage collection service, and recommended that a decision be made on this as soon as possible. Councilwoman Dille reported that the figures on the City's liability insurance are not available yet, so action on this will have to be taken B.t the next meeting on April 7. 178 Library: In view of the fact that the 1976 budget, does not include funds for library pruposes, Councilman, Swensen moved to rescind the motion made on November 5, 1976, in regards to the City of Ammon paying up to $5.00 for residents on the purchase of a City of Idaho Falls library card. The motion was seconded by Council- woman Dille; voting was all in favor; motion carried. Later in the me~ting Mayor Wehmann reported that he ,had met with the State Librarian in Boise, and a suggestion was made that the City of Ammo:q. serve as the originating entity to work with the School District and come up with a pl,an to provide library services forthe residents. He indicated that .it is possible to enter into. a contract with the Regi.onal Library Board. Planning and Zoning: Councilwoman Dille reported on the March 16th meeting of the Planning and Zoning Commission as follows: Reynold C.hambers presented I . a request for a zoning change on Lots 4 and 5, Chambers Addition, from R-l to R-2 to allow duplexes, and was advised to obtain signatures of residents within 300 feet indicating their feelings on this proposal. Dennis Cox, representing Hartwell Corporation, a real estate firm, requeste4 a decision about whether or not making smaller building lots from portions of Lots 5 and 6, Block 6, Original Townsite, (corner of Western Avenue and Owen Street) would fall under the regula- tions of Section 11-27 -11 of the Ammon Municipal Code which requires that an amended plat be filed when major changes are made. in subdivisions. The Planning Commission recommended that the City Attorney be asked .to give an opinion on this, taking into consideration what kind of precedent would be set or ha<!already been set in the past. The Mayor and Council felt that this was a Q'ood suggestion, and Attorney Anderson agreed to review the situation and make a recommendation before the next Planning Meeting on the third Tuesday in April. After explaining that the plot plan as presented by Mr. Cox would require a variance of 5 feet on the rear yard of one lot and that the Planning and Zoning Commission ,recommended granting the variance, Councilwoman Dille mO\ed to grant such a variance of 5 feet on the required rear yard on the east side of the corner lot. There was no second to the motion, and the Council decided to wait until final plans are submitted on this proposal before taking action. In another matter, the Planning and Zoning Commission recommended that the City enforce the ordinance of requiring curb and gutter where lots are less than 120 feet as it pertains to the lots now being built on, north of I Southwick Iare on the east side of Midway Avenue. (Note: This is not in the City Ordinances but is a policy recommended by the Planning and Zoning Commission and approved by motion of the City Council. on June 6, 1973, with reference specifically to new additions.) The Council discussed the situation and generally concluded that it would be better to add curb and gutter improvements later under a Local Improvement District rather than in small sections. Councilwoman Dille moved that the City not :require the curb and gutter at this time at the location mentioned, but.it will have to be put in under a Local Improvement District when the street is paved. The motion was seconded by Councilman Lee, who then questioned why the part about the L.1. D. was necessary. Councilwoman Dille modified the motion to delete the reference to. be done by L.1. D. A voice vote indicated one "nay" vote; roll call voting was: Dille, yes; Anderson, no; Swensen, yes; Lee, yes; motion carried. Parks and Recreation: Councilman Anderson stated that, according to a letter received recently from the State Parks Department, the City will have to submit a new application by April 1, 1976, in order to have its request for matching funds for park improvements considered again in the next funding year. City Clerk: A report on delinquent accounts indicated that there were 18 names on the list with amounts ranging from $30.50 to $53.00 and totalling $690.00. Re- garding an audit of the water and sewer project records, it has been learned that I this will be at the expense of EPA and is to be done sometime between now and December this-year. Police and Fire: Councilwoman Dille informed the Council that she had called the Sheriff Department about checking on a propane truck being parked on Salmon Street and also about watching for children playing in the construction area on 17th Street. She announced that there is a meeting next Tuesday with the Humane Society regarding small animal control, and that a City employee has been working with the Animal Control Officer one day a week. Councilman Anderson indicated that something should be done about big trucks being parked on Dove Drive and Midway Avenue, and cars being parked on the sidewalk on Curlew Drive. Mayor Wehmann I o 00 l'- ~. t:z.:J ~ I I 179 asked that Councilwoman Dille make a brief review of the reports on law enforcement and animal control at future meeting s. Mayor: According to Mayor Wehmann the sewer metering equipment has been sent back to California, and the manufacturer is to send a technician when the device is returned. Regarding the charge for sewage collection. and treatment, the Mayor advised the Council that the City of Idaho Falls has agreed to make an adjustment based on the meter reading for the short time it was in operation. Mayor Wehmann reported that he was in Boise last week, and was able to meet with the President of the Idaho Public Utilities Commission as a result of having sent letters to the Legislators of this District regarding the request made to have the IPUC hold a ~ar- ing on the Utah Power & Light Company rate increase in Ammon. He was given assurance that the request would be taken back to the Commission. for consideration but that the matter was about to the decision stage already. Other business items which Mayor Wehmann checked into while in Boise were the library situationas mentioned previously in the minutes, regarding obtaining a truck with snow plow through the State Civil Defense Office, and requesting a quotation on a new garbage truck from Starline Equipment Company. Regarding anticipated revenue from the motor fuels tax, Mayor Wehmann noted that information has been received which indicates that the additional amount whioh can be expected, based on the present apportionment and the new census figures, will amount to approximately $3,000 per quarter. He mentioned that he had sent the official census G:ount by mailgram to the Office of Rev.enue Sharing and that Senator McClure had notified that office by telephone also. Mayor Wehmann noted that the employees have been notified that advances in pay will be authorized only after his approval is given, and the policy for driving city vehicles when employees go for lunch had been clarified. He called attention to the fact that the 1975 audit has been completed and will be reviewed and discussed at the next meeting. With reference to the excessive amount of chips that are still on thE:~streets that were chipped and sealed last year, Mayor Wehmann stated that he had called Larry Perkins who indicated that he would contact the contractor and get them to do some sweeping up. Also, CQunty Engineer Bob Gray is to see that the property owners along 17th Street who have fences, trees, etc., in the road right-of-way are notified about getting them moved. The Mayor recommended that the next construc- tion meeting on the 17th Street Project be held on April 7 prior to the Council Meeting. He.asked Engineer Be nton to inform the developer of Wanda Street that he must put a deadend sign at the west end of that street. It was noted that a waterline leak locater has been ordered on a triaL basis. Attorney Anderson explained that Council action .is needed on an EPA Grant Agreement Amendment relative to the Sewer Construction Project, since the final costs were $2~7. 00 less the previously approved amount. Councilman Swensen moved to authorize Mayor Wehmann to sign the EPA Grant Agreement Amendment. The motion was seconded by Councilwoman Dille; a voice vote was all in favor; motion carried. There was a short discussion on establishing a policy for travel and meeting expenses for City Officials, but additional information is needed before this can be finalized. The meeting was adjourned at 10:45 P. M. Claims "o/ere approved for payment. {; . / ..,~ /ft;. ^ , ;;~;.! /" ( //'1' ''iy t/L./.C;~-;.r7?{J?-F-L./r') C:tV1A Y OR ! . ~....~ CLERK ~80 CITY OF AMMON April 7,.1976 Minutes of the Regular Meeting of the Mayor and City Council: The meeting was .called to order at 7:55 the following City Officials present: .Mayor George Wehmann Councilman Russell N. Swensen Councilman Francis Lee Councilwoman Carol A. Dille P. M. by Mayor George Wehrnann, with Clerk Deon Hemingway Engineer David E. Benton Asst. Attorney Franklin Smith Fire Chief Marvin McGary Maint. Employee Gene Simpson I Others present: John Homer After the pledge of allegiance to the flag, prayer was offered by Councilman Lee. Minutes of the meeting of March 17, 1976, were approved as typed. Prior to the opening of this meeting, there was a short public meeting regarding the construction work being done at this time on 17th Street. There were nine interested citizens pr,esent, along with the Mayor and Council Members listed above, Engineer Benton; County Engineer Robert Gray and staff members Bill Manwill and Mike Townsley, and Vern Fowler representing H-K Contractors. Updated information on .the construction schedule was presented and questions were answered. , Another meeting was set for 7 P.M., May 5" 1976, _ unless needed before that time. . John Homer,. representing the. City's liability and hazard insurance carrier, reviewed a prepared quotation for renewal of the policy, noting that there has been a change in the rating system for vehicles which would increase the premium, especially on the garbage truck. He mentioned that the coverage would include" damage to homes and other buildings caused by .sewer failure if the City is negli~ gent or aware of the situation, and even though this was not defined in the outline as presented, it could be taken care of by making the designation under General Liability as Water and Sewer Works. He recommended that the collision coverage I be extended to the fire truck and garbage truck with $1000 deductible probably being adequate. Also pointed out was the fact that only thepumphouses at Wells #1 and #4 have been listed in the past under fire coverage, and it was determined that the building at Well #3 should be added. Councilwoman Dille moved that the proposal for insurance be accepted with the four changes as discussed. The motion was seconded by Councilman Swensen; a voice vote indicated all infavor; motion carried. Councilwoman Dille specified that the agent should prepare the policy which should be checked by the City Attorney for completeness before the premium payment is made. Regarding False Arrest Insurance, it was requested that the City Attorney study the matter and make a recommendation. Reference was made to an article in the March, 1976, Idaho,Cities magazine in connection with this subject. Applications for Non-Commercial Kennel Licenses were placed before the Council for consideration by Councilwoman Dille, with action as follows: The petition of David Hudson, 3385 Owen Street, who had been granted a provisional license previously to keep 3 dogs, was found to be in order with the addition of the signature of a neighbor_who had been away for the winter when the original appli- cation was submitted. Councilwoman Dille moved that the Non-commercial Kennel License for David Hudson be made official in as much as the applicant I has. complied with the City Ordinance. The.motion'was seconded by Council- man Swensen; voting was all in favor; motion carried. The application sub- mitted by Brent Dees, 3440 Rawson, to have 4 dogs was reviewed. Council- woman Dille moved that the application for a non-commercial Kennel License be granted in as much as compliance with the 75% signature requirement had been met. The motion was seconded by Councilman Swensen; voting was unani- mous in favor; motion carried. Galen Anderson, 3425 Rawson Street, had also submitted an application to keep 4 dogs at his place of residence. Councilwoman Dille moved to accept the application and grant the requested license in as much as the 75% signature requirement had been complied with. The motion was seconded by Councilman Swensen; voting was all in favor; motion carried. It was noted that all the licenses granted were for the year 1976, and must be renewed through the application-and-signature procedure for any future years.