Council Minutes 04/05/1978
March 15, 1978
ACCO~~ng to Mayor Wehmann, the assessed valuation of the Cit , as reporte~ in a notic~
from the County received recently, is 3, 9,11, which represents a relatlvely small In-
crease over the previous year due to the 1977 figure being based on a high estimate. The
Mayor mentioned that the premium on the City health insuranc~ through the AIC is ~oing up
to $72.87 per month per employee with dependents. It was pOlnted out that there lS to be
a public meeting on March 22 regarding the wells drilled by the Bureau of Land ~an-
agement along the Snake River in this area and the proposed Lynn Crandall Dam. Councll-
man Swensen was asked if he would attend this meeting since Mayor Wehmann cannot go. The
Council indicated interest in a suggestion made by Mayor Wehmann that the City have Utah
Power & Light Company present information regarding a survey on buildings with substantial
heat loss which show up on aerial photos which are to be taken by a special process.
Mayor Wehmann informed the Council that Derrald Ricks, who owns property adjoining the I
proposed West Ammon Estates subdivision, contacted him about possible future residential
development of his land, with the thought in mind of having the Planning and Zoning
Commission make a recommendation on location of ditches, bridges, a park, etc. It was
mentioned that the engineer for the developer of Mountain Valley Estates is working on
the papers for the railroad crossing. Approval was given for the Mayor to make further
contact with an applicant for City Engineer/Director of Public Works.
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City Clerk
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Councilman Lee moved to adjourn; the motion was seconded
was adjourned at 10:35 P.M.
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Claims were approved for payment.
by Councilwoman Dille; the meeting
CITY OF AMMON
April 5, 1978
Minutes of a Special (Public Hearing) Meeting of the Mayor and City Council:
The meeting was called to order at 7:35 P.M. by Mayor George Wehmann with the following
City Officials present:
Mayor George Wehmann
Councilman Russell N. Swensen
Councilwoman Carol A. Dille
Councilman David Rowberry
Councilman Francis Lee
Clerk Dean Hemingway
Attorney W. Joe Anderson
Engineer David E. Benton
Planning & Zoning Chairman
Jim McNett
I
Others present during the meeting were:
LaMar Warnick, 3974 Wanda St.
LeMoyne Johnston, 3700 E. 17th St.
Barbara Johnston, 3700 E. 17th St.
Ed Harvego, 3825 Wanda St.
Diane Harvego, 3825 Wanda St.
Jerry M. Hoggan, 3900 Wanda St.
Mrs. Jerry M. Hoggan, 3900 Wanda St.
Clarence A. Brunson, 2260 Dove Dr.
Fred Kvarfordt, 3520 E. 17th St.
Robert L. Nebeker, 3833 Marlene St.
Elaine Merrill, 3851 Wanda St.
Alrene Walker, 3874 Brookfield Ln.
Merrill E. Walker, 3874 Brookfield Ln.
Ron Nelson, 3866 Brookfield Ln.
Eileen P. Brunt, 2295 Ross Ave.
Scouts: Mike Campbell and Mart Borg
The Public Hearing on the proposed annexation of Jennie Jean Estates, described as Parcel 3
in the legal notice, was opened by Mayor Wehmann reviewing the minutes of the Planning and
Zoning Commission meetings on Januaxy 17, 1978, and February 21, 1978, and by remarks from
Councilman Rowberry to the effect that the comments made by the citizens at the March con-
tinuation hearing indicated a feeling of knowing that this annexation would eventually
happen but questioning this as being the right time. It was noted that the unanimous voting
of the Planning and Zoning Commission was to recommend annexation and that the zoning be
RP with Overlay 6 (animal overlay) which, it was explained, is the same use of the land that
now exists. Mayor Wehmann referred to the letter which was sent out to all Jennie Jean
residents at the request of the Planning and Zoning Commission, and pointed out that the I
City Officials had initiated the proposal to annex the area, not as a land grab but be-
cause of the great deal of interest being expressed by developers (one of which is a
resident of Jennie Jean Estates) to create residential subdivisions to the east and the
City's position that access must be available through Wanda Street in order to provide
water and sewer services in that direction. He mentioned that, iI annexation takes place,
the property would not be on the tax rolls for the City until December, 1979. In general,
the comments by the property owners present questioned the benefits they would derive from
annexation and expressed the opinion that the majority of the Jennie Jean residents do not
want to be annexed but were not in attendance at the meeting because it would do no good
since they felt that the City Officials had already made up their minds. The original of
the petition objecting to annexation, a copy of which was given to the Planning and Zoning
Commission at the first hearing and which contained the signatures of what was claimed to
be 98% of the Jennie Jean residents, was presented to the Mayor and Council and is hereby
made a part of this record. Some of the specific comments made were that a contact had
been made with property owner, Delmar Anderson, and he said that it will be two years or
maybe longer before he might develop his land rather than immediately as stated by Harvey
,
PETITION AGAINST ANNEXATION OF JENNY JEAN ESTATES BY THE CITY OF AMMON
We, the undersigned, do hereby notify the Ammon City Council that
as residents of Jenny Jean Estates, we do not wish to be annexed to the
City of Ammon as proposed. We anticipate no advantages as a result of
annexation. However, there are several disadvantages including an
additional city tax of perhaps several hundreds of dollars per year
for each family in Jenny Jean.
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as residents of Jenny Jean Estates, we do not wish to be annexed to the
City of Ammon as proposed. l~e anticipate no advantages as a result of
annexation. However, there are several disadvantages including an
additional city tax of perhaps several hundreds of dollars per year
for each family in Jenny Jean.
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PETITION AGAINST ANNEXATION OF JENNY JEAN ESTATES BY THE CITY OF AMMON
We, the undersigned, do hereby notify the Ammon City Council that
as residents of Jenny Jean Estates, we do not wish to be annexed to the
City of Ammon as proposed. We anticipate no advantages as a result of
annexation. However, there are several disadvantages including an
additional city tax of perhaps several hundreds of dollars per year
for each family in Jenny Jean.
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PETITION AGAINST ANNEXATION OF JENNY JEAN ESTATES BY THE CITY OF AMMON
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We, the undersigned, do hereby notify the Ammon City Council that
as residents of Jenny Jean Estates, we do not wish to be annexed to. the
City of Ammon as proposed. We anticipate no advantages as a result of
annexation. However, there are several disadvantages including an
additional city tax of perhaps several hundreds of dollars per year
for each family in Jenny Jean.
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PETITION AGAINST ANNEXATION OF JENNY JEAN ESTATES BY THE CITY OF AMMON
We, the undersigned, do hereby notify the Ammon City Council that
as residents of Jenny Jean Estates, we do not wish to be annexed to the
City of Ammon as proposed. \~e anticipate no advantages as a resul t of
annexation. However, there are several disadvantages including an
additional city tax of perhaps several hundreds of dollars per year
for each family in Jenny Jean.
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PETITION AGAINST ANNEXATION OF JENNY JEAN ESTATES BY THE CITY OF AMMON
We, the undersigned, do hereby notify the Ammon City Council that
as residents of Jenny Jean Estates, we do not wish to be annexed to the
City of Ammon as proposed. l~e anticipate no advantages asa result of
annexation. However, there are several disadvantages including an
additional city tax of perhaps several hundreds of dollars per year
for each family in Jenny Jean.
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We, the undersigned, do hereby notify the Ammon City Council that
as residents of Jenny Jean Estates, we do not wish to be annexed to the
City of Ammon as proposed. We anticipate no advantages as a result of
annexation. However, there are several disadvantages including an
additional city tax of perhaps several hundreds of dollars per year
for each family in Jenny Jean.
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PETITION AGAINST ANNEXATION OF JENNY JEAN ESTATES BY THE CITY OF AMMON
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We, the undersigned, do hereby notify the Ammon City Council that
as residents of Jenny Jean Estates, we do not wish to be annexed to the
City of Ammon as proposed. We anticipate no advantages as a result of
annexation. However, there are several disadvantages including an
additional city tax of perhaps several hundreds of dollars per year
for each family in Jenny Jean.
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April 5, 1978
Crandall, a member of the Planning and Zoning Commission, at the last hearing; that 35
planning for growth to the east does not seem to be justification for annexation and
that the access to the east should have been planned to go through Georgia Lane instead
of through Wanda Street; that the services which are provided by the County on street
maintenance and snow removal are better than in the City; that they prefer the country
atmosphere which they have and some would not even want street lights; that they already
have the same benefits as City residents for law enforcement, fire protection, fire in-
surance rates, and water rates, so the City has nothing to offer them; that in some cases
the extra taxes would be a burden; and that the voice of the majority of the people should
have the most effect on the action that is taken. In response to an inquiry, Attorney
Anderson advised that the City has the legal right to annex Jennie Jean Estates by the
authority of State Statute. After all interested parties, including the Council members,
had been given an opportunity to be heard, Mayor Wehmann stated that it was then the re-
sponsibility of the Council to~~ake a aCision~ Councilman"Ro~ber~}moled to proceed with
" . om.nB: .t' ~u th ver..Lav b--anlma ove t1.v. D" 1
the annexatlon of Jennle Jean tate~. Tne mo lon was seconQe oy oun llwoman II e;
voting was Rowberry, yes; Dille, yes; Swensen; yes; Lee, no; the motion was carried by a
3 to 1 vote. There was a question regarding whether this action eliminates the right to
due process, and Attorney Anderson explained that the ordinance that annexes can have its
validity attacked if desired.
The minutes of the Planning and Zoning Commission regarding the ro osed annexation of
Parcel 4 (Fred Kvarfordt, LeMoyne Johnston, Calvin Slater Property were reveiwed. With
reference to the statement in these minutes about the need to have this area, located
immediately south of 17th Street and between Ammon-Lincoln Road and Jennie Jean Estates,
in the City so that the waterline can be extended along 17th Street, there was a question
by one of the property owners of why this is necessary, and it was explained that a com-
plete grid there will provide the necessary pressure for homes on that part of the system.
Mayor Wehmann pointed out the need for the City to plan a street pattern through the area
in anticipation of future deve19pment there. Mr. Kvarfordt and the Johnstons expressed
objection to being annexed, and Mr. Kvarfordt suggested that, if annexation does take
place, the land along Ammon-Lincoln Road should be zoned for aPartments. He also acknow-
ledged that he might sell some of his property facing on that street for a church site.
Attorney Anderson mentioned that the chain of title on these small farms should be traced
to determine if they can be legally annexed. Councilwoman Dille moved to recess the hear-
ing on Parcel 4 until the n~~t ~eeti~g, whic0.~ill be April,~9, to give the Attorney time
to prepare an opinion on the annexation. The motion was seconded by Councilman Rowberry.
Councilman Swensen moved to amend the motion by striking out the date of April 19 and in-
serting the date of May 3. The motion to amend was seconded by Councilman Rowberry; the
voting was all in favor; motion carried. The voting on the amended motion was all in
favor; motion carried; the hearing on Parcel 4 was recessed until May 2.
The special public hearing meeting was adjourned at 10:00 P.M.
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CITY OF AMMON
April 5, 1978
Minutes of the Regular Meeting of the Mayor and City Council:
The meeting was called to order at 10:05 P.M. by Mayor George Wehmann, with the following
City Officials present:
Mayor George Wehmann
Councilman Russell N. Swensen
Councilwoman Carol A. Dille
Councilman Francis Lee
Councilman David Rowberry
Others present during the meeting were
Clerk Dean Hemingway
Attorney W. Joe Anderson
Engineer David E. Benton
Asst. Engineer Robert Butler
Asst. Engineer Brad Nield
Asst. Maint. Supv. Gene Simpson
Dennis D. Lundberg and John Price.
The pledge of allegiance to the flag was conducted by Councilman Swensen; the invocation
was offered by Coundilman Lee. The minutes of the Special Meeting on March 15, 1978,
were ,"approved as prepared. The minutes of the regular meeting on March 15, 1978, were
approved as prepared.
Mr. Lundberg explained that hi~ purpose at the meeting was to determine what is necessary
to obtain a license to serve liquor by the drink in Ammon, since he is looking into the
possibility of building a club for a membership of people who like to play pool and where
food and liquor would be served. He noted that a location north of 17th Street in the
vicinity of the existing shopping center is being considered. Councilman Swensen mentioned
that a preliminary check with Attorney Anderson on the procedure for issuing a liquor li-
cense indicates that an ordinance would have to be adopted and there would have to be a
vote by the citizens on serving liquor by t~'l~ink in the City, but more time is needed
to make a thorough research on this. It wa!7tnat further discussion on this subject
should be postponed until the April 19th meeting, and the Mayor and Council members ex-
pressed the opinion that, if an election is required, the citizens of Ammon would not
approve such a proposal.