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Council Minutes 03/20/1974 50 Councilman Cheney moved to adjourn; seconded by Councilman Swensen; voting all in favor; motion carried; meeting adjourned at 11: 35 P. M. Minutes recorded by Councilman Russell~;;';;r1(J cJUhJn!nrur L~ - l~ CLZ'lt'K / ~ CITY OF AMMON March 20,1974 I Minutes of the Regular Meeting of the Mayor and City Council: The meeting was called to order by Mayor Keith C. Turnbow at 7:40 the following City Officials present: Mayor Keith C. Turnbow Councilman Russell N. Swensen Councilman Gerald B. Cheney. Councilman Marvin J. Anderson Councilman Brent Hirschi P. M. with Clerk Deon Hemingway Engineer David E. Benton Asst. Attorney Franklin Smith Auditor Harvey Crandall Auditor LaMar John Others present during the meeting were Art Johnson and Richard Skidmore. Prayer was offered by Councilman Hirschi. Minutes of the meeting of March.b, 1974 were approved as typed. Mayor Turnbow introduced Mr. Art Johnson of Idaho Lumber Inc., explaining that Mr. Johnson had brought a sideyard variance request before the Planning and Zoning Commission the previous night, March19,1974, and the Planning Commission had recommended approval to allow a five -foot sideyard (7 -1/2 feet are required under the new zoning ordinance) on the north side for the home to be built at 2285 Eagle Dr., if permission could be obtained from the property owner to the north. Mr. Johnson presented a letter signed by said neighbor, Larry Bigelow, 2065 Eagle Dr., dated March 20, 1974. Councilman Swensen I moved that the variance be granted to Mr. Art Johnson of Idaho Lumber inc. as per his request. The motion was. seconded by Councilman Hirschi; voting was all in favor; motion carried. I According to Mayor Turnbow, Russell Owen of 2940 Teton Street had requested time to discuss having the Council consider making a law against the discharging of flippers and sling shots in the City. This has been checked by the City Attorney a nd found to be already covered in Section 6-4-1 and 6-4-3 of the recodified City Code. Notice to the residents about this subject will be put in the next newsletter. Attorney Smith presented an ordinance to amend Sections 11-12 -5, 11-13-5, and 11-14-5 of the City Code regarding the rearyard setback requirement on corner lots and Section 11-5 -28 regarding sideyard requirements in old. plats, noting that the necessary publication and public hearing had been taken care of, and the ordinance could be passed at this time. The Ordinance was assigned No. 114, and Councilman Hirschi moved to dispense with the three separate readings; seconded by Councilman Cheney; voting all in favor; motion carried. Q.rdinance No.,~. was read in its entirety by Attorney Smith, after which Councilman Swensen I mo ved that it be approved on its third and final reading by title; seconded by Coun- cilman Hirschi; voting all in favor; motion carried. A review of the 1973 audit was presented by LaMar John of Crandall, Hinckley, & John, CPAs. The Mayor and Council accepted tha audit and expressed apprecia- t ion for the work done and the outstanding way it was presented. A copy will be mailed to the State Auditor by Mr. John. A prepared letter of understanding for auditing services for 1974 was found to be agreeable with the Council members, and Councilman Swensen moved that Crandall, Hinckley, & John be accepted as auditors for 1974 for the proposed amount of approximately $600; seconded by Councilman Cheney; voting all in favor; motion carried. As Chairman of the Planning and Zoning Commission, Mr. Crandall SUggested that the City sponsor a party for the mem~bers of the Commission as an expres- I Q 00 l'- a:l W ~ I I Sf, sion of appreciation to them. This was felt to a good idea, and Mayor Turnbow asked to be reminded later in the year (Sept. or Oct.) when availability of funds would be known. Attorney Smith was asked by Mayor Turnbow to check into what action has been taken at the City Attorney's office regarding L. 1. D. Delinquency Certificates. It was announced that the Budget Hearing has been set for March 27, and a Public Hearing on a proposed amendment to the Zoning Ordinance regarding off-street parking has been advertised for April 3. Mayor Turnbow mentioned that he had met with postoffice officials, and read a letter from the postoffice which has been or will be sent to the residents where roads are torn up from the sewer construction explaining the mail carrier I s problems and how to pick up undelivered mail from the postoffice. The Council members felt that this was a good action. Engineer Benton reviewed the progress of the water and sewer project construction. In response to inquiry by Mayor Turnbow, Mr. Benton indicated that the sewer system should be ready for the first individual connections within a relatively short time for homes -on Sunnyside Road, the Original Townsite, and Midway and Sabin Drives to the north. He noted that the County Commissioners lave been notified that the City of Ammon wants _ to coordinate the construction work on 17th Street with the road widening there, so efforts will be made to work with them so the street will not have to be torn up any longer than necessary. Some contacting wtill needs to be doreconcerning the L.1. D. for installing curb and gutter on 17th Street all the way to the Ammon-Lincoln Rd. Regarding the obligation of the developer of the proposed Maiben Jones Addition for assuming part of the cost of the paving put in on Ross Avenue under L.1. D. #4, it was found that a check of the city records showed that an understanding of assurance had been made with property owners on the west side of the street as mentioned in the last meeting, and Engineer Benton reported that an agreement had been reached to the effect that the developer, Richard Skidmore, would pay $1. 43 per foot to the city to be appHedto the individual assessments. However, a matter involving a 3ft. strip of land has not been settled. Mr. Skidmore appeared at this time and, after explaining the situation further, asked what the City could do to help. Mayor Turnbow sUggested that additional efforts be made to work out the problem, and, if this failed, to come back to the Council with sufficient notice so the advice of the City Attorney can be obtained. According to Engineer Benton, the test pumping at the new well has been completed. The small amount of sand that still comes out in the water is less than the amount in the several other wells in the area and can be settled out in a detention tank. Engineer Benton agreed to prepare a sheet of instructions and information for the residents about private sewer connection procedures, kind of pipe, estimated hookup dates, contractors who may be contacted for putting in individual connections, etc Complications involved for putting in curb and gutter for the East Hills Addition on Sunnyside Road which have been reported by the engineer for the developer were discussed by Engineer Benton. The Council agreed that putting in these improve- m ents does not seem feasible at this time, and the Attorney advised that there would be no legal problem in having money put in escrow for this if the funds are clearly earmarked and the situation is reviewed from time to time. Regarding Ordinance No. 113 for annexing Peterson Park Division No. 3 and the Maiben Jones Addition, Engineer Benton called attention the to City policy outlined in the new City Code which requires developell's to sign an annexation agreement before the annexation ordinance is acted upon. He will prepare the information for the annexation agreem.ents and get it to the attorneys. Councilman Swensen mentioned that Would work out the ditch schedule for the coming irrigation season. In response to an inquiry by Councilman Hirschi about the duties of the Planning and Zoning Commission regarding making recommendations on variance requests, . 52 Mayor Turnbow expressed the feeling that the services of the Commission in checking out the details and passing on the information with a recommendation to the Council is needed and appreciated, and Attorney Smith noted that Section 11-8-2 'of the recodified City Code requires the Planning and Zoning Commis- sion to give recommendations on variances. Councilman Hirschi reported that Paul Curtis and Gene Wall ha:ve .agreed to have their terms on the Planning and Zoning Commission changed to six years instead of two years as previously re- corded. Councilman Hirschi moved that Gene Wall be appointed for six years on the Planning and Zoning Commission; seconded by Councilman Swensen; voting all in favor; motion carried. It was noted that Mr. Curtis's appointment for six years was made official in the meeting of Feb. 20,1974. Both appointments I are to be recorded as being effective starting Jan. 1, 1974. According to Councilman Hirschi, Paul Maeser has been contacted and will send in a letter of resignation from the Planning and Zoning Commission, and DeLynn Hansen did not wish to accept re-appointment on a six-year term basis. New officers for the Commission have been selected as follows: Harvey Crandall, Chairman; Larry Gust, Vice Chairman; and Elaine MCGary held over as Secretary. Mayor Turnbow reviewed changes made in the proposed budget since the special work meeting on March 11. . Councilman Hirschi moved to adjourn the meeting at 11:25 P. M.; seconded by Councilman Swensen. Claims were approved for payment. .~ifrJ~ ~~- CLERK i/ ~ CITY OF AMMON March 27,1974 The meeting. was called to order at 7 :45 P. M. by Council Chairman Russell N. Swensen (Mayor Turnbow was out of town), with the following City Officials present: Council Chairman Russell N. Swensen Councilman Gerald B. Cheney Councilman Marvin J. Anderson Councilman Brent Hirschi I Minutes of BUDGET HEARING and Special Meeting: Cle'rk Deon Hemingway Attorney Franklin Smith Prayer was offered by Councilman Cheney. The meeting was opened for deliberations and comment by interested citizens on the 1974 Budget as duly published in the Post-Register newspaper on March 17 and 24 under the legal notices as required by law. There being no residents present to make comment, and the Council having no changes to propose, Attorney Smith presented the Annual Appropriation Ordinance No. 115.. Councilman Cheney moved to dispense with the three readingS on separate days of Ordinance No. 115; second- ed by Councilman Hirschi; voting- Cheney, yes; Hirschi, yes; Anderson, yes; Swensen, yes; motion carried. Ordinance No. 115 was then read in its entirety by Chairman Swensen. The second reading was dispensed with, and Councilman Hirschi moved that the Council pass Ordinance No. 115 upon its third and final I reading by title only; seconded by Councilman Cheney; voting--Hirschi, yes; Cheney, yes; Anderson, yes; Swensen, yes; motion carried; Ordinance No. 115 adopted. Attorney Smith reported that the City Ordinance regarding individual water service connection fees has been reviewed,. and it was found in order to amend the section on this subject due to increased costs to the city for the supplies, etc., for such service lines. Ordinance No. 116, an 'ordinance amending Section 4-3-15 of the City Ordinances, was presented to the Council and read in full by Chairman Swensen~ Councilman Cheney moved that the Council dispense with the three separate readingS of Ordinance No. 116; seconded by Councilman Anderson; voting all in favor; motion carried. Councilman Hirschi moved that Ordinance No. 116 be passed on its third and final reading by title! only; seconded by