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Council Minutes 08/21/1974 75 28--9' Councilman Swensen acknowledged that 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 U:.J :i:J 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 10% 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'\vocet Dr.; James Simon-, 3035 Teton St.; 1<oss 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.. ~-fe ~~ 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 Attorney ,'\nderson 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. ~/~ Smith, Leon~ Dees, ~iary Kopp, Irene Fikstad, Linda Butler, Parley Field, Melba Field, Mildred Empey, Pierre H. Ba.duel, George Wehmann, James L. Watts, Margene Tirrell, Trina Tremayne, Maurice L. Robison, Henry Rosen, DeLynn Hansen, Joseph L. Owen, Mrs. Kenneth L. LeBlanc, Mrs. Richard H. Townsend, Annie M. Reed, Barbara Hudnall, Maxine Ellibee, Billy Ellibee, Boyd J. Thompson, Evelyn M. Thurman, Joy Romrell, Roland T. Romrell. Engineer Benton reviewed the nature of improvements which could be in- cluded in the different areas of the proposed local improvement district, and gave cost estimates of approximately $5.00 per foot for curb-and- gutter, $10.00 per foot for paving, $6.50 per foot for sewer line, and $5.00 per foot for water line. After considerable discussion and re- quests by a number of the property owners to have time to study the matter further, Councilman Hirschi moved to continue the Local Improve- I ment District No.6 Protest l-Iearing until September 4, 7:30 P.M.. The motion was seconded by Councilman Cheney; voting was all in favor; mo- .. tion carried. Chairman Swensen reminded the Council members of the meeting on the next evening pertaining to water rates for outside the city limits. He noted also that a representative of the AIC will meet with the City Officials at ~ Council Meeting in the near future to discuss manpower business. Complaints received about the condition of the McCowin Park shelter and playground equipment areas were mentioned by Councilman Anderson, and Councilman Cheney was asked to check into this. Councilm~n Cheney re- ported that several people had commented about the appearance of the large metal building being built in the back yard at Bittern Dr. and Teton St., and the Clerk explained that the property owner is not in violation of the zoning ordin~nce with requirements for setback, slze, e~, having been checked before a building permit was issued. - By motion of Councilman Hirschi seconded by Councilman Cheney, the meeting was recessed until 8:00 P.M., August 22, 1974. Time 9:35 P.M.. August 22, 1975 - The regular meeting of the City Council reconvened at I 8:05 P.M. this date with Council Chairman Russell N. Swensen conducting and the same City Officials listed above being present. Prayer was offered by Councilman Cheney. According to the signed roll, the follow- ing Jennie Jean Acres residents were in attendance: Darryl Harris, W.J. Quapp, Richard Rice, Frank Finnigan, R. Cifrese, Marlene Peterson, Wayne Merrill, Merrill E. Walker, Lyndon Skidmore, Dorothy Skidmore, Keith W. Brown, Betty Nelson, Ron Nelson, Larry M. Boyle, George Niederauer, James southwick, Carl Davenport; also Fred Kvardfordt as co-developer of the area. Larry Boyle, as spokesman for the group, asked that Attorney Anderson review his letter written in answer to the letter which was read at the meeting of August 7th. Attorney Anderson's letter quoted from the Jennie Jean Well Agreement which states that rates are to be set from time to time by the Council, and referred to the present City Ordinance which also allows the Council to set rates from time to time. It men- tioned rulings from court cases regarding charging of a greater fee for services outside the city than inside the city, etc.. Mr. Boyle ac- knowledged that there is no question that the city has the right to charge more if it Can be justified by showing that costs are more than for serving those inside the city. In answer to inquiry, it was noted I that the contract was to buy the well and the water system, and Mr. Boyle reasoned that the residents inside the city have not necessarily borne . the cost of establishing the water system as it serves the Jennie Jean area. He also expressed the view that the size of homes and lots is not a valid basis for making an additional charge. Fred Kvardfordt reviewed the background situation of the well, stating that the devel- opers were approached by the City Officials and agreed to rent or lease the well because the City needed pressure, and then were approached later about selling the well. He mentioned that, when the contract was entered into, Wayne Peterson, the co-developer, understood that the water rates would remain the same as for insi~e the City. Engineer Benton made a brief explanation of some of the cost and tax factors involved. A suggestion was made by Attorney Anderson that a committee be appointed 7'7 I to 'study the matter further and make a recommendation to the Council. Since this sug- gesti(;m was considered advisable by all concerned, Councilman Hirschi moved that the Council appoint a committee with two on the committee from the residents of Jennie Jean Acres and three from within the City, and wlth Engineer Benton as advisor. Th~ motion was seconded by Councilman Cheney; voting was all in favor; motion carried. Chairman Swensen requested recomme:ndations for the committee from the group present, and was given the names of Bill Quapp, Jim Southwick, and George Niederauer. Councilman Cheney moved that the increase in the water rate for outside the city limits be deferred until September 18, and before that time a special meeting with the five people on the committee should be held so that a decision cap. be made at the City Council Meeting on September 18, 1974, as to whether the resolution made on July 23, 1974, will remain in effect or be changed. The motion was seconded by Council man Hirschi; voting was all in favor; motion carried. Councilman Anderson moved that the report meeting of the special com- mittee be set for 7 P. M. on September 17, 1974, at the City of AmmqnBuilding, and that Councilman Swensen as Chairman of the City Council should conduct the meeting. The motion was seconded by Councilman Cheney; voting was all in favor; motion carried. The meeting adjourned at 9:40 P. M. CLER{t,~/~ ~tI~r1~ M YOR o 00 ~ CO ~ CxJ CITY OF AMMON September 4, 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 Mayor Keith C. Turnbow with the following City Officials present: Mayor Keith C. Turnbow Councilman Gerald B. Cheney CO\!l.ncilman Marvin J. Anderson Councilman Brent Hirschi CQucilman Russell N. Swensen arrived at 11:10 P. M. Clerk Deon Hemingway Assistant Attorney Franklin Smith Engineer David E. Benton Prayer was offered by Councilman Anderson. The meeting was opened as a continuation of the Protest Hearing for Local Improvement District No.6, with the following interested citizens pres'ent: Hazel Empey with her daughter and son-in-law Carl and Evelyn Moeller, DeLynn Hansen, Errol Landon, Mr. and Mrs~ C., M. Mays, R. G. Stedtfeld, Rhea White, Barbara L. Hudnall, Logan Bee, Boyd Stewart, Thomas J. Murphy, Pierre H. Baduel, Wallace Pendleton, Bonnie Pendleton. Engineer Benton explained that this Local Improvement District is to be created mainly for the 17th Street widening, but is proposed to be a catch-all for street improvements, etc., needed in other areas of the City if desired by the adjoining' P~operty owners. Six letters of protest were read and there was one written request to withdraw a protest which was filed at the previous rpeeting on August 21, 1974. After the Mayor and Council had reviewed the protests and determined which streets should be deleted as listed on the "Notice of Intention", the motion was made by Councilman Hirschi that the Local Improvement District No. 6s'hould be created to include a~l of ~ith Street within the city limits, not already fully improv~d, all of Ros s Avenue south of Geneva Drive not already fully improved, and one -half block of Romrell Lane south of Molen Street. The motion was seconded by Councilman Cheney; voting was all in favor; motion carried. (Councilman Swensen was not present at the time of voting.) I Garth Cunningham of Ellsworth Engineering displayed a plat of the proposed Hollycove Park Addition which 9.as been' recommended, for final approval by the Planning and Zoning ~ommission. There was some discussion abotit requiring a fence along the part of the d~velopment that borders on Sand Creek and the canal, and other details which need to be included in an annexation agreement for this addition., Attorney Smith. sug- gested that a recom,mendation on the fence problem could be requested from the safety committee. It was noted that the bridge will have to be approved by the canal company and that the City is not to maintain the canal in any way. Attention was called to the Zoning Ordinance amendment which now requires 80-foot lots in R-l Zones, but it wa,s determined that this would not apply to this development since the preliminary plat was approved before the regulation went into effect. Councilm<;Lil Cheney moved that t~e final plat of the Hollycove Park Addition be approve'd with the zoning to be R-l. Tbe