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Council Minutes 08/07/1974 '~.".;' 7..3 ... CITY OF AMMON /\ugust 7, 1974 Minutes of the regular meeting of the Mayor and City Council: The meeting was called to order at 7:40 P.M. by Mayor Keith C. Turnbow with the following City Officials present: Mayor Keith C. Turnbow Clerk Deon Hemingway Councilman Russell N. Swensen ~ttorney W. Joe Anderson Councilman Gerald B. Cheney Engineer David E. Benton Councilman Brent Hirschi Councilman Marvin J. Anderson I Prayer was offered by Councilman Swensen. I The meeting was opened as the Assessment Roll Hearing for Local Improve- ment District No.5 with the signed roll showing the following property owners present for this purpose: Bruce E. Empey, 3655 Samuel St.; Jim Howell, 2145 Sabin Dr.; John VanDyck, 3290 Circle S Dr.; Evan G Stevenson, 3145 Meadow Lane. Three written protests filed prior to the meeting and one written protest filed after the meeting was in session were read by Attorney Anderson. (The letters were signed by Jim Howell, Evan Steven- son, Victor Baldwin and other residents of Rich Lane, and Carl Robbins). Explanation was then made by Attorney Anderson of the action t~ken by the Council in passing Ordinance #121 to create L.I.D. No.5, which ordinance states that payments will be made from a proportionate part of the monthly charge for sewer service. This means that the property owners involved will not be paying any more than the people who were here before, but there will bean assessment against their properties so the city Can borrow the needed money. After this explanation, two letters of protest were withdrawn by Jim Howell and Evan Stevenson, and Mayor Turnbow noted that Victor Baldwin had expressed no objection after the matter had been explained to him earlier in the day. Carl Robbins was not present to make comment. In view of the withdrawal of a majority of the protests, ~ttorney Anderson presented a resolution approving the assessment roll for L.I.D. No.5, and a motion was made by Councilman Swensen that the resolution as read be 3ccepted. The motion was seconded by Councilman Hirschi; voting was all in favor; motion carried. o 00 .1'-- c:c U;.:J ~ The presence of a delegation of residents from Jennie Jean Acres was acknowledged, with the signed roll showing the following names: LaMar WarniCk, Wayne Merrill, Rose M. Niederauer, George F. Niederauer, Kent Hinckley, Bob Dalby, Dean J. Pettingill, Gary Larsen, Ed Calkins, Mrs. Merrill Walker, Mrs. R.M. Nelson, Ron Nelson, James H. Southwick, Marlene Peterson, Joan H. RObison, Keith W. Brown, Kay Kohler, Mrs. Kay Kohler. (Others present during the meeting with no apparent connection to L.I.D. No.5 or Jennie Jean Acres were Leonard W. Waters, Cecil Flint, and Tom Infanger). Ron Nelson, as spokesman for the group, explained that the delegation had come in response to a notice that, as residents outside the City Limit~s being served by the City water system, their water rates would be increased effective with the August billing. He read a letter expressing objection to this action which had been prepared by Larry Boyles, a lawyer who resides in Jennie Jean Acres. After con- siderable discussion, it was decided to schedule a meeting at 8:00 P.M. on August 22 when the City A. t torney and Engineer can have the facts to review with those involved and further action can be taken by the Council I if necessary. Councilman Swensen moved that notices be sent to the residents of Jennie Jean Acres to remind them of the meeting on August 22; seconded by Councilman Cheney; voting all in favor; motion carried. (See Excerpt of Minutes prepared by Attorney Anderson regarding requests for payment on the water and sewer project. Motion to approve resolution was made by Councilman Cheney, seconded by Councilman Swensen, voting all in favor, motion carried). Mayor Turnbow noted that representatives of HUD have been here checking on the progress of the water and sewer project, and that the City is requesting some of the HUD grant at this time. :4B8. 7:/ According to Attorney Anderson, the new City Code has been all proofread and is ready for printing. A report by Mayor Turnbow indicated that Hazen Olsen is interested in having the City annex enough property for twelve building lots as an addition to Olsen Park, with the understanding that he is to put the sewer line in at his own expense, and also to pay for the sewer line on Rich Lane that was needed to service new homes south of where the line was planned uner the project. Engineer Benton reported that Hartwells (project contractors) are now working on repairing the streets, and that all parts are in for the new pump for the Jennie Jean Well. He commented that an easement is needed I on the north side of Well #5 (Jennie Jean) to maintain the well, as the agreement only gives the right to have access for maintenance. Mayor Turnbow suggested that the City also obtain an easement to Well #3 on the north as it now has only a narrow easement aCcess on the south. Engineer Benton explained that the City is trying to get approval to have City personnel do the inspecting of sewer lines on private pro- perty, and that the State Plumbing office has suggested keeping a record of locations, depth, etc., of sewer lines on lots. The following resolution was adopted by a motion made by Councilman Swen- sen and seconded by Councilman Cheney with the voting being all in the affirmative: Be it resolved that the City adopt as a policy that, upon request of a property owner, the City will remove curb, gutter, or side- walk which is within the public right-of-way and which is deemed unsafe or hazardous, upon the owner's promise and assurance that he will immed- iately replace it. Attorney Anderson advised that owners of property where such hazards exist should be notified and the property owner made responsible for repair since the City can be liable if there is an acci- dent there. Engineer Benton noted that a check has been made so that :~:~~ents cannot say that damage was caused from the sewer construction I The need to establish a hard and fast rule for delinquent water accounts was discussed. Councilman Cheney moved to adopt the following resolution: Be it hereby resolved that the City Council adopt a policy of declaring as delinquent water, sewer, and garbage charges which are past due for sixty (60) days and that, at the billing mailed for the second month for the sixty-day period, notice will be given that the user will be subject to termination of services within ten (10) days of the said billing. The motion was seconded by Councilman Hirschi; voting all in favor; motion carried. After Mayor Turnbow reviewed information about a special census and indicated that the City could expect additional revenue of approximately $6,000 per year if the population has increased about 600 as figured, Councilman Swensen moved that Mayor Turnbow be authorized to write a letter requesting a special census. The motion was seconded by Coun- cilman Cheney; voting was all in favor; motion carried. Mayor Turnbow inquired what the Council members would think about appointing a Task Force Committee to study and make recommendations for future growth of the City, and suggested that each councilman make some guidelines and suggestions for individuals to be on such a I committee. As a matter of information, Mayor Turnbow mentioned that the volunteer firemen of the State of Idaho are trying to come up with a retirement plan for its members. The Mayor also reported that he had met with Jim Poulsen of the State Park; Department and finished filling out the papers for the purchase of park property in Peterson Park Division No. 3. ^ number of good suggestions for making improvements in the parks which will meet the requirements for requesting matching fLmds were o~tained from Mr. Poulsen. 75~ Councilman Swensen acknowledged th~t the terms of some members on the Traffic Safety Commission will be expiring soon, and that a meeting is needed to discuss recommendations on the parking-in-the-street regulations and replacement of signs. In connection with this, Attorney Anderson noted that citations cannot hold up in court when signs are not posted. Councilman Anderson listed several places where signs are needed as brought to his attention, as well as a complaint about the culdesac on Rose Dale Lane not being opened up yet. According to Mayor Turnbow, contractors who will do sewer line work for individuals should have insurance to cover any damages either on private property or the City right-of-way. I After explaining that three members of the Planning and Zoning Commission have resigned and replacements are needed, Councilman Hirschi moved that the following appointments be made: Lennis Tirrell, 3195 Molen St., (for Gene Wall) to Sept. 15, 1975; Earl McCoy, 1985 Curlew Dr., (for Paul Maeser) to Sept. 15, 1975; Thomas Chriswell, 2235 Dove Dr., (for DeLynn Hansen) to Sept. 15, 1979. The motion was seconded by Council- man Swensen; voting was all in favor; motion carried. o 00 t-- CO W ~ Regulations for dances at the tennis courts were again discussed, with the following rules to be in effect as moved by Councilman Hirschi: Limit dances to once a week on Friday evenings, only school or civic organizations may sponsor dances, and the amount to be paid to the City for use of the courts is $50.00 minimum or lrylo of the receipts. The motion was seconded by Councilman Swensen; voting all in favor; motion carr ied. Appreciation was expressed for the cooperation of the residents with the water and sewer project contractors, especially those in the neigh- borhood of the new well. It was felt desirable to have the City Engineer write letters to the following: Rick Tokita, 2275 Avocet Dr.; Glen Farnes, 2295 I\voce-t Dr.; James Simon-, 3035 Teton St.; Ross Walters, 3015 Teton St.; Gene Baster, 3000 Teton St.; Orin Searle, 3055 Teton St.. I Claims were approved for payment. The meeting adjourned at 12:45- A.M.. ~~~ MAY R ~~~ CLERK CITY OF AMMON August 21, 1974 Minutes of the Regular Meeting of the Mayor and City Council: I The meeting was called to order at 7:35 P.M. by Council Chairman Rus- sell N. Swensen (Mayor Turnbow was out of town) with the following City Officials present: Councilman Russell N. Swensen Councilman Marvin J. Anderson Councilman Brent Hirschi Councilman Gerald B. Cheney arrived Clerk Deon Hemingway Attorney W. Joe Anderson Engineer David E. Benton at 8:00 P.M. Prayer was offered by Councilman Hirschi. Minutes for July 23, 1974, were approved. The meeting was opened as a Protest Hearing on the proposed creation of Local Improvement District No.6. (See official minutes prepared by ~ttorney Anderson in L.I.D. #6 file). A written roll showed the follow- ing citizens present: Boyd Stewart, Janet Stewart, Thomas Murphy, Veloy Murphy, Wallace Pendleton, Cecil Flint, Leo F. Tong, Robert F.