Council Minutes 08/07/1974
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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
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Prayer was offered by Councilman Swensen.
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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were withdrawn by Jim Howell and Evan Stevenson, and Mayor Turnbow noted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.
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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.
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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.
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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.
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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.
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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..
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Claims were approved for payment.
The meeting adjourned at 12:45- A.M..
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CLERK
CITY OF AMMON
August 21, 1974
Minutes of the Regular Meeting of the Mayor and City Council:
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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.