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Council Minutes 04/07/1976 180 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 the .pumphouses 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 in favor; 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 far 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 fora 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. I o 00 l:"- c:o W t:l.J I I 181 Mayor Wehmann reviewed an agcreement for 22 sodium vapor street lights to be installed along 17th Street as part of the street improvement project. Councilman Swensen moved that Mayor Wehmann be authorized to sign the Street Light Agree- ment with Utah Power &: Light Company on behalf of the City of Ammon. The motion ~seconded by Councilman Lee; voting was all in favor; motion carried. Fire Chief Marvin McGary presented a request to order some needed fire fight- ing gear (brooms, pitch forks, shovels), and to have one of the fire telephones moved to different home. He was advised by Mayor Wehmann to take these matters to the Council member in charge of the Fire Department for action. In response to an inquiry regarding matching funds for fire equipment under the Rural Com- munity Fire Protection grant program, Mr. McGary was informed by Councilman Swensen that the claim for items obtained last year has been submitted, and it should be possible to get more funds this year since it was to be a 3-year program. The Fire Chief also asked if any action had been taken on a complaint about a propane gas truck being consistently parked at the west end of Salmon Street in violation of the fire code, noting that it has been observed that the truck is still being parked there. Councilwoman Dille is to work on this matter. Mr. McGary asked if Meadow Lane, the street he lives on, could be posted for "No Parking" since the number of cars in the street most of the time presents a traffic ha2iard. Mayor Wehmann stated that the street would be measured and signs posted if the width is 36 feet' or Ie s s. COMMITTEE REPORTS Bonneville Council of Governments - Councilman Swensen reported that, in acc,Qrdance with Mayor Wehmann's request, the City of Ammon will be informed when any future meetings are held by BCOG on the Hitt Road extension. Copies of "population trees" for Bonneville County, Ammon, etc., based on the statistics of the recent special census and prepared by Rolfe Lines of BCOG, were distributed by Councilman Swensen to the Mayor and Council. He noted that an evaluation of these will be prepared which should help the School Districts in making plans for the future. According to Councilman Swensen, the County Commissioners (Commissioner Art Detrick) would like to have a letter indicating the feelings of the City of Ammon Officials regarding joining the East-Central Idaho Economic Development District organization. After some discussion by the Council, Councilman Lee moved to authorize Mayor Wehmann to send a letter of intent to Commissioner Detrick affirming the willingness of the City of Ammon to continue the investigation into joining the ECIEDD. The motion was seconded by Councilwoman Dille; a voice vote indicated all in favor; motion carried. Mayor Wehmann mentioned that the feelings of the Council concerning a definition of the benefits to be expected and the cost to the City should be expressed in the letter. Attorney - With reference to the request made at the last meeting to have the City Attorney advise the Council and the Planning and Zoning Commission regarding replatting, Atto.rney Smith reported that it is the feeling of the City' s legal counsel that isolated changes of altering the lot size of one or two lots within a subdivision does not constitute a major change. In the case at hand which involves making smaller lots of the large lots in the Original Townsite, Attorney Smith indicated that replatting need not be required. However, in the matter of setting a precedence, he noted that the City is not bound by past actions. He explained that replatting is done by filing a corrected plat with signatures of property owners, and does not require vacating, etc. Mayor Wehmann recommended that replatting not be required for this kind of change. In response to a request by Mayor Wehmann, Attorney Smith agreed to write letters to two residents who have or intend to deduct $6.00 from their payment on city services as a result of allegedly having good garbage cans taken when their garbage was collected. The residents are to be advised of the proper procedure to use in filing claims against the City. Engineer - Figures on two bids received for puttting in a drain at Geneva and Vaughn Street were reviewed by Engineer Benton ,as follows: Dennis Virgin $1, 690. H-K Contractors, Inc. 1,700. He mentioned that the contractor is to protect the curb and sidewalk and to replace damaged sections at his own expense as part of the lump-sum bid. It was pointed 182 out by Councilman Lee that the bid prices on this drain are considerably more than estimated on a list of repair items which had been furnished him, and on which he -had based the amount set in the budget for this purpose. Councilman Lee moved that a contract be awarded to the, low bidder (Dennis Virgin, $1, '90. ) for constructing a French drain at Vaughn and Geneva. The motion was seconded by Councilman Swensen; a voice vote was all in favor; motion carried. Engineer Benton reported that he had checked into the cost of installing water service connections, and recommended that the fees set on April 3, 1974, under the provisions of Section 4-3-15 of the City Code, remain in effect with the clarification that the cost of pavement or concrete replacement is in addition to the scheduled amounts. Regarding the property which Mr. Bud Birch referred to, in the last meeting I (between Ammon Road and the Utterbeck Addition), Engineer Benton stated that a check of the City and County records proved that this area is in the Ammon City Limits. ,/' Engineer Benton explained that Councilman Anderson had requested infor- mation on paint for the park storage building, and mentioned that an estimate of a quantity of 15 gallons has been arrived at, with a quotation being obtained of $11. 00 per gallon for a paint which can be color matched with that on the water reservoir tank. Drawings of proposed plans for ball diamonds and football fields in McCow n Park which have been prepared in order to request matching funds from the Bureau of Outdoor Recreation were displayed and explained by Engineer Benton. Fiscal Operations - Councilman Swensen stated that there was nothing to report except for the insurance matters which were discussed earlier in the meeting. Planning and Zoning - A report by Councilwoman Dille indicated that the City had received a letter from Framco Builders, 1430 E. 17th Street, Idaho Falls, addressed to the Planning and Zoning Department, stating that a check for a Building Permit was paid under protest because of what was felt to be "excessive and unreasonable sewer Hook- Up fees ". The letter was filed for future reference. Parks and Recreation - Councilman Lee explained that, in the absence of Council- man Anderson, he had been asked to report that a bid of $490 for roofing the shelter at McCowin Park with corrugated metal has been received from Steve Loveland. Action on this was deferred until Councilman Anderson is present. I City Clerk - Clerk Deon Hemingway reported that there has been payment made or other response made to four out of the seven claims which were filed in the Small Claims Court on March 18, 1976. A list of semi-permanent records was presented by the City Clerk, with a request that authorization be given to have the records destroye1. Councilman Swensen moved that the following resolution be adopted: WHEREAS the following semi-permanent records of the City of Ammon have been retained for five years or longer: Election records for 1967 and 1969 Receipt books, claims, bank statements, check stubs for 1969 and 1970; AND WHEREAS the Idaho Code .provides that semi-permanent records may be destroyed after a retention of five years: THEREFORE BE IT RESOLVED that authorization is hereby given to destroy such records by the most satisfactory means available. The motion was seconded by Councilwoman Dille; voting was all in favor; motion carried. I Police and Fire Department - According to Councilwoman Dille, a contest is being planned for painting fire hydrants as .part of a Bicentennial Project, with a $25 savings bond to be offered as the prize. She indicated that applications will be made available for this contest, and it was suggested that members of the Art Guild be asked to be judges. Councilwoman Dille reviewed the February report on animal control and the January report from the Sheriff! s .Departrhent, noting that she had not yet received the more recent reports. ,. I o 00 l"- ee U:.:J w I I 183 Brief summary of Animal Control and Law Enforcement Animal Control. . . . No. of hours patrolled February, 1976 No. of miles patrolled C. R. 's received C. R. I S completed Warnings Citations Warrants reports: 30 168 14 14 o o (Tom Bird, Ammon Road) Arrests (Tom Bird, Ammon Road) 1 Dog s im pounde d 6 No. of hours patrolled 366.5 1 Law Enforcement. . . January, 1976 She mentioned that comments being made by people that have received citations for dog or parking violations indicate concern about why their neighbors who were also disobeying the law were not cited. She reported that the officers seem to be reluctant to write parking tickets. Mayor Wehmann suggested that he and Councilwoman Dille meet with Sheriff Skinner to discuss these items. A written report on the Governor's Statewide Safety Conference, which she attended recently in Boise, is being prepared by Councilwoman Dille for presenta- tion at a future meeting. Public Works - Councilman Lee noted that, in view of the increase put into effect for residential water users, it is in order to also increase the rates for apartments, trailer courts, businesses, etc., and he will-study the matter and make a recommen- dation at the next meeting. Regarding sewer connections, he reported that the one at 3640 Samuel Street has been done, and that the papers have been filed citing Fred Blair, who owns the homes at 1900 Curlew and 2045 Dove, into court for violation -of. the City Code which requires hooking on to the sewer. With reference to bids and specifications on a new garbage truck, Council- Lee reported that he has received additional information from Starline Equipment Co., a Boise firm, and will pursue the matter further by getting a quotation on a trade-in on the present truck and a proposed payment schedule. Mayor - Mayor Wehmann reported that an information sheet for new residents is being prepared and will be taken up at the next meeting. Councilman Swensen mentioned that it is approaching the time when the ditch watering schedule should be prepared for residents in the Original Townsite who irrigate with water from ditches. He stated that he would be willing to do this as he has done in the past f.ew years if desired, and approval of this proposal was indicated. Regarding the cleaning of the ditches, it was mentioned that it is expected that this will be done by the city employees, and Councilman Swensen agreed to work with the City Maintenance Supervisor to see if any other help is needed for this project. He also indicated that he would follow through with a matter which was arranged last year to get the officials of the L. D. S. Church to correct a culvert problem that exists through the church parking lot between the church and the Ammon Junior High School. 'Another matter brought to the attention of the Council for consideration was that of allowing open burning of yard clean-up materials. Councilman Swensen moved that the Mayor and City Council of Ammon isstle a blanket burning permit to citizens for the purpose of burning leaves and other yard trash up to May 10, and . that individual permits will be required for open burning between May 10 and October 10. The motion was seconded by Councilman Lee; a voice vote indicated all in favor; motion carried. It was recommended that a special clean-up time be set for some time during May. In response to an inquiry by Mayor Wehmann, Engineer Benton indicated that he would talk to the foreman of H-K Contractors the next morning about picking up the chips on streets where chip-and-seal was done last year. According to Mayor Wehmann, a carbon copy of a letter from the Idaho Public Utilities Commission to Representative John Sess.ions which has been received states that Ammon is not going to be afforded a public hearing on the rate increase requested by Utah Power &: Light Company. He inquired of the Attorney if the 184 City can request an injunction in this matter, and Attorney Smith agreed to do some research and make, a recommendation. The meeting was adjourned at 11:10 P. M.. Claims were approved for payment. k U . /,1"; - ~~t ' '1 ,., ~ .,. CLERK CITY OF AMMON Apri12l, 197.6. . I Minutes of the Regular Meeting of the IMayor and City Council: The meeting was called to order at 7: 35 the following City Officials present: Mayor George Wehmann Councilman Russell N. Swensen Councilwoman Carol A. Dille Councilman Francis Lee Councilman Marvin J. Anderson P. M. by Mayor George Wehmann, with Clerk Deon Hemingway Asst. Engineer Bob Butler Asst. Attorney Franklin Smith Maintenance Supervisor LaVern Williams Others present during the meeting were Harvey Crandall, LaMar John, Jim Myers, John VanDyck, and four Boy Scouts --Richard Jensen, Kurt Johnson, Mike Moss, and Brian Affleck. Councilwoman Dille led the pledge of allegiance to the flag, and prayer was offered by Councilman Swensen. The minutes of the meeting of April 7, 1976, were approved as type d. With reference to the City's insurance, Mayor Wehmann mentioned that one of the City employees was involved in an accident with a City vehicle on Monday, and that Mr. Homer, representing the insurance carrier, has given assurance that the liability of the City is covered by insurance even though the policy has -not been delivered and the premium paid. He also reported that there was a sewer back-up problem on Eagle Drive recently to which the City of Idaho Falls crew responded quickly, and it is not know at this time if any claim will be filed by the occupant of the one home that received some water damage in the basement. I Harvey Crandall, LaMar John, and Jim Myers, representing the firm of Crandall, Hinckley, and John, answered questions and reviewed the City's financial audit report for 1975, after which Councilman Swensen moved that the audit report be accepted as presented with the corrections suggested of listing the names of the 1975 City Administration Officials on the cover page and deleting the la.st three words on the last line on page 2. relating to the interest paid on the Water and Sewer Revenue Bond. The motion was seconded by Councilman Lee; voting was all in favor, motion carried. Mayor Wehmann and Councilman Swensen expr,essed appreciation Jor the especially good work done in preparing and presenting the audit. John VanDyck, of 3290 Circle S. Drive, was given time to present a problem conc~rn- ing his sideyard boundary line and the easement along the back of his property. He! was advised to take the legal description of his property to the City Engineer's office to see if his questions can be answered without hav~ng a private survey made 1- COMMITTEE REPORTS Engineer - Bob Butler, representing the City Engineer, reported that the drain at Geneva and Vaughn is to be put in about the middle of May when the weather is satisfactory for getting the street repair done immediately after the job is complet d. With reference to a storm drainage problem at the residence of James Harvey, 234t Midway Avenue, Mayor Wehmann asked that the City Engine~r prepare a design for! a drainage system which will be more satisfactory than the concrete gulley which prel- sently carries the surface water from Sabin Dr. and Southwick Lane into a pond area at the rear of Mr. Harvey's yard. Mr. Butler also agreed to check with H-K Con- tractors (former~y Hartwell Excavating Co. ) about when the fire hydrant at Ross Avenue and Geneva Drive is to be raised up, which was supposed to have been done as