Council Minutes 09/15/1976
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time and calling attention to the neces sity of obeying the parking regulations.
The need to follow up on parking tickets which are not paid in a reasonable
length of time was mentioned.
Public Works - Councilman Lee reported on several matters as follows: He has
talked to Waters Construction Company about the grading that needs to be done on
Meadow Lane; no bids have been received on a snow plow; work on the fence at Well #6
has been started; the cement work contracted to Burton Concrete Company is being
done; the new garbage truck should be delivered by September 10; the fire hydrant
extension on Ross -Avenue is not in yet because the fitting for this has not been received;
there are several "No Parking" signs which need to be cemented in so they cannot
be turned around. Pertaining to garbage col~ction, the Mayor and Council instruct-I'
ed that, when the garbage truck is being backed up on any street (referring espec-
ially to Circle S Drive) an employee is to walk behind on the driver I s side to give
warning if there are any children or vehicles, etc., in the way. Regarding obtain-
ing a tractor which can be used with the flail mower to cut weeds along streets, etc.,
Councilman Swensen indicated that he has located a used tractor that might be
satisfactory and will follow up on that.
Claims were approved for payment. Councilman Swensen moved to adjourn; the
motion was seconded by Councilwoman Dille; the me.eting was adjourned at 10:30
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CLERK
CITY OF AMMON
September 15, 1976
Minutes of the Regular Meeting of the Mayor and City Council:
The meeting was called to order at 7:40 P. M. by Council President Russell N. I
Swensen with the following City Officials present:
Councilman Russell N. Swensen Clerk Deon Hemingway
Councilman Francis Lee Asst. Attorney Franklin Smith
Councilman Carol A. Dille Asst. Engineer Robert Butler
Councilman Marvin J. Anderson (7:55 P. M. )Maint. Supervisor LaVern E: Williams
Mayor George Wehmann was out-of-town; arrived at 8:40 P. M.
Others present during the meeting were Jean Livermont, Joyce Holbrook, and
Gail M. Snider, President of Bonneville County Humane Society.
Councilwoman Dille led the pledge of allegiance to the flag; the invocation was given
by Councilman Swensen. Minutes of the meeting of September 1, 1976, were approved
as typed.
Councilwoman Dille explained that the Animal Control Officer, Deputy Ciro Rustic~,
has asked. for guidance from the Council regarding the disposition of a dog, a "Heeler"
belonging to Jean Livermont, 1905 Falcon Drive, which bit the owner's son with the
resulting injury requiring 5 stitches, noting that the dog is now impounded, as re-
quired by law, and the officer has been informed that the dog had previously bitten
a neighbor boy but only breaking the skin. Attorney Smith mentioned that Deputy
Rustici had reviewed the situation with him at his office, and he a,dvised that the I
City, being aware that the dog may be potentially dangerous, has a responsibility
to take action so that, if the dog is not destroyed,. the owner will be held liable if
any serious harm should come from the dog biting anyone in the future. The City
Ordinance was check~d (Section 6 -3 -1) and found to include a definition indicating
. that''"a dog which has bitten two (2)or ,more persons without provocation or a, dog that
has a known propensity to attack or ~ite human beings is considered a vicious dog,
but there is no, provision in the code for penalty or disposition of such an animal.
Mrs. Livermont stated that the dog in question is confined in the backyard by a
redwood fence with the gate securely locked and is protective of the property, and
he did bite the neighbor boy when. he was near the fence and teasing the dog, also
that, when her son was bitten, he was trying to release the dog's.foot from a place
where it was caught. Joyce Holbrook, a friend of the Livermonts vouched for the
nature of the dog, stating that he had never bothered any members of her family.
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Gail Snider, Pr.esident of the Bonneville County Humane Society, offered the infor-
mation that. the animal has not shown any tendency to be vicious while being im-
pounded at the Animal Shelter. It was the feelong of the council. members, after
considering the statements as presented, . that the dog should not be considered
vicious and subject to being destroyed. Attorney Smith recommended that the owner
be notified in writing of the City's position in the matter. Councilwoman Dille moved
to have the City Attorney draft a letter to the dog's owner, Jean Livermont, that
the dog will need to be kept confifled in the backyard until such time that he shows he
is not a vicious animal. The motion was seconded by Councilman Lee; voting was
Dille, yes; Lee, yes; Anderson, abstained; Swensen, yes; motion carried. Mrs.
Snider expressed appreciation for the Ammon City Council having taken time to
discuss the problem, and Councilwoman Dille observed that the action taken should
not be conS'idered as a precedent except to show that cases of this kind in the future
may have to be considered individually.
Committee Reports
City Attorney - According to Attorney Smith, contact has been made with Arland
Rasmussen by telephone about the sewer hookup for the home at 1890 Eagle Drive,
and assurance was given that the work will be done as soon as the funds are available
from the closing of the loan which should be sometime next vJeek. Reference was
made by Attorney Smith to a claim against the City by Steve Tremayne, 32!::>5 Ross
Avenue, regarding damage to his camp trailer caused by a City truck being operated
by City employee, Jerry Hancock. He mentioned that Mr. Treymayne has reported
an estimate of $300 for the repair work needed, soa letter has been sent by Mayor
Wehmann advising the claimant that this matter is to be handl~d under the Ida40
Torts Claim ~ct 6 -901 with three written estimates tq be submitted, noting that the
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law requires that the claim with bids be submitted 'within 120 days or the City is
absolted of responsibility. Pictures of the damage taken by Mayor Wehmann were
displayed and it was explained that the Torts Claim procedure is recommended rather
than reporting the matter directly to the insurance company, since the Mayor is
concerned about<tqe recent series of insurance claims. In response to an inquiry by
Councilman Lee regarding a request made by Louis Simcask, 3040 Rawson St., for
a delay in getting his sewer connected up du~ to being off work because of a strike,
Attorney Smith advised that this matter is in the hands of the Court. It was suggested
that Mr. Simcask be given an opportunity to work for the City to cover the cost of
installing the sewer hookup, and Councilman Lee agreed to contact him about this.
City Engineer - The Building Permit issued to Mr. O. R. Birch for a home at the
west end of Wanda Street was discussed. Engineer Butler noted that the construction
of the home has not been in compliance with the plot plan' as submitted, and that
satisfactory arrangements .for hooking on to the City water system at;ld getting the
area platted which would dedicate land for a future street have not been taken care of
by 1V1r: Birch. Engineer !Butler was asked to submit a written report to the City'
. Attorney by Friday of this week to show that the house is not located where the plot
plan:' indic,+ted it wpuld be. Attorney Smith recommended an injunction procedure
in this case with action to b~ taken immediately if necessary. Engineer Butler
reported that Jay Herring of the E:r-gineer's office is working 'on the sprinkler system
for the new park, and it is being deisigned to operate out of 'the Well #4 building.
He noted that a quote on the fittings needed should be available in a few days,' aIid it
was requested that this information be given to Councilman And~rson as soon as it
come in so that the expenditure can be approved by him: and the order placed without
waiting for the next Council Meeting. In connection with the notice received from the
State several months agq regarding deficiencies in the City water system, it was
determined that the vacuum breaker has been installed in the sprinkler system f0r
the church at the location of Well #2, and Engineer Butler was asked to put the
necessary information in writing so that the Mayor can report. to the State. Mention
was made that the w())rk is under way to correct defects in the sidewa~~.!ld cur~ and.
gutter co:p.crete which were agreed upon by the City and the sewer project contractor.
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Special Committee - Explanation was made that a committee of City Council m~bers,
with Councilman Swensen as Chairman, has been organized to work out what action;
is to be taken regarding a. recent accident, with the situation being described as. follows:
The City's 1975 Dodge 1-1/2 ton truck and the Jacobsen lawn mower were badly damaged
in an accident near Brigham City, Utah, on the morning of September 2, 1976, while
City employees, Garth Staggs and Greg Harker were transporting the lawn mowejr to
Salt Lake City for repairs. The driver fell asleep and the truck rolled over, there
were no injuries sustained, no other vehicles involved, and the driver was issued a
citation for driving too fast for the existing conditions. The lawn mower is fully
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insured, and is now at the Boyd Martin Company in Salt Lake City. The truck has been
towed back to Ammon, and does not have collision insurance coverage. . According
to Attorney Smith, the.. City employees are responsible for the loss, and reimburse-
ment could be required if felt necessary. No meeting of the committee has been
held, so decisions, in the matter are pending.
Planning and Zoning - Mayor Wehmann requested that Councilwoman Dille inform
the Chairman of the Planning and Zoning Commission that he should be present
at the City Council Public Hearings on September 22 to report the results of the
hearings before the Planning and Zoning Commission on September 21.
Parks and Recreation - Councilman Anderson reported that the swimming pool is I
closed for the season, and the signs listing the hours that the parks are closed
to the public have been painted and put up. .
City Clerk - A report by Clerk Deon Hemingway indicated that there are claims
to pay in the amount of $6,795.03 and the General Fund checking account balance
is $8, 551. 50. She mentioned that she plans to go to the Idaho City Clerks and
finance Officers workshop meetings in McCall on September 23-25, and that two
young men from the Portland firm of Peat, Marwick, Mitchell & Co. have arrived
to make an audit on the Sewer Project records for the Environmental Protection
Agency.
Public Works - Councilman Lee presented the information that a bid on a snow
plow of $2, 240 f. o. b. Ohio has been received from Arnold Machinery. It was felt
that action on this matter should be postponed, and that an inquiry should be made
at the State Highway offices to see if any surplus snow plo~s are available. Council-
man Lee also reported that the extension for the fire hydrant on Ross Avenue has
been installed, that sign posts have been cemented in as needed, that the fence around
Well #6 appears to be completed, and that Burton Concrete Company has finished
the cement work as agreed upon. It was indicated that additional street signs as needed
should be purchased and posted.
Bonneville Council of Governments - According to Councilman Swensen, an appointed I
selection committee has recommended that a two-year study of the County waste-
water problems, which is to be funded by a 100% grant, should be done by the
Boise firm of CH2M Hill. Also a Teton Dam Recovery Organization has been
formed to come up with things that have not been taken care of, with the first
meeting to be in Rigby at 6 P. M. on October 9, 1976.
Mayor - Mayor Wehmann reported that he met with Mr. Quayle Dutson of the
Havenhurst Corporation in Salt Lake City regarding the Eastgate Mobile Village
account, and was informed that the necessary steps had been taken to open a
bank account here for the purpose of banking the money that would be due the City..
and that the account is to be brought current by October 1. Regarding the new
street lights on 17th Street, Mayor Wehmann stated that he had met with represen-
tatives of Utah Power and Light Company and the Bonneville County Engineer1s
office, and it was quickly agreed that Ammon only need pay for 15 of the lights and
not 22 as previously indicated, which will result in a savings of about $1, 008 per
year. He mentioned also that arrangements were made to have the light at Sunny-
side and Ammon Road moved closer to the intersection and possibly changed to 20, 000
lumens, and to investigate the possibility of re.-locating the light at the corner of
Vaughn and Geneva since it is obstructed by trees and is on the sidewalk. It was
mentioned by Mayor Wehmann that the matter of City employee Danny Hoyle's
driver I s license being suspended has been reassigned to the committee investigat- I
ing the truck damage. Reference was made by Mayor Wehmann to the "No
Parking" regulation which has be~n put into effect on 17th Street since the re-
- construction work was completed there, and he noted that letters about this have
been mailed to all residents along 17th Street. Other matters brought to the
attention of the Council by Mayor Wehmann were that the visit to the Ririe Dam
is scheduled for Saturday, October 2, 1976,at 1:30 P. M., that the inspection of
of 17th Street with the County Engineer never came about so there are still de-
ficiencies which need to be taken care of, that notices about the public hearings
on September 22 have been sent out, that a letter was written to Beth Lords of
1800 Falcon Drive expressing appreciation for her acceptance of re-appointment
on the Planning and Zoning Commission, and that a letter has gone out to Naval
Reserve Captain Jerry Wadsworth requesting his assistance in arranging for a
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concert by a Navy Band at the 1977 Ammon Day celebration.
Old Bus ine s s
According to Mayor Wehmann, City of Idaho Falls employees have inspected the
sewer lines in Barbara Jean Estates finding one defect which has already been
corrected, and notice was sent with the billing from the City. of Idaho Falls that
the lines were so filled with debris that they had to be flushed 4 times. (It was
pointed out that the cost of this inspection is at the expense of the developer as will
be the case for the inspection in the Meadow Lark addition and all future developments.)
As a matter of interest, Robert Butler mentioned that he was on hand when the sewer
inspection was made and noticed that all of the debris was near manholes so had re-
sulted from the street work having been completed after the contractor had cleaned
the sewer lines.
Announcement was made by Mayor Wehmann that the problem with the 70 h. p. pump
at Well #6 was apparently a defect in the impellor as discovered by B- W Electric
personnel in the presence of representatives of H-K Contractors and the City of
Ammon, and the pump has been sent in for repairs which will likely be at the
expense of the manufacturer.
Regarding the sidewalk and curb-and-gutter work which is under way, Mayor
Wehmann indicated that there are some problems which are being worked out,.
that he is in full agreement with the Engineer about who is responsibl~ for costs,
and that he cannot see replacing the curb and gutter along the property owned py
Thayle Monson at 2090 Eagle Drive.
New Business
Mention was made that there have been complaints about parking on Circle S Drive,
so that street should be posted for "No Parking" if it is les s than 36 feet wide~
Councilwoman Dille reported that Reynold Chambers of 2863 E. 17.th St. has asked
that the City take action on getting the owner of the partially torn-down house
adjacent to his property to finish the job, and Mayor Wehmann agreed to write to the
Hatch Investment Company about this. Several items of information were reviewed
by Mayor Wehmann as follows: A letter was written to the County Commissioners about
a 4-way stop on Ammon Road at 17th Street, and a reply was received that their
intentions are to do this very shortly at that location as well as at Sunnyside and
Ammon Road. The sump pump on Eagle Drive failed recently, but is now repaired.
Utah Power and Light Company has prepared a contract for furnishing electricity for
storm sewer lift station pump at Sand Creek, but the records are being checked to
to see if the City agreed to accept this responsibility before the contract will be
signed. The company of C. Reinhart & Sons have been notified by letter of the
City's position concerning their failure to clean up the debris left on Samuel Street,
and a bill was included for the City having taken care of this.
Mayor Wehmann asked that the Council members plan to meet in an executive meeting
at 7 P. M. on October 6 just prior to the next regular meeting for the purpose of
interviewing an applicant for City Administrator.
Councilman Swensen suggested that all City officials plan to attend the AIC Annual
Academy on November 19-20 at Idaho State University in Pocatello and the AIC
District Meeting in Idaho Falls on November 9. He also mentioned that there will
be an accounting institute for City Clerks on October 15 in Idaho Falls.
Claims were approved for payment.
by Councilwoman Dille; the meeting
Councilman Lee moved to adjourn; seconded
was adjourned at 10:10 P. M..
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CLERK
CITY OF AMMON
September 22, 1976
Minutes of Special Public Hearing Meeting:
The meeting was called to order at 7:35 P.M. by Mayor George Wehmann with the