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Council Minutes 04/06/1977 I o 00 l'- ~ t:t:J ~ I I 259 April 6, 1977 CITY OF AMMON APRIL 6, 1977 Minutes of the Regular Meeting of the Mayor and City Council: The meeting was called to order at 8:40 P.M. (following a special public hearing) with the following City Officials present: Mayor George Wehman Clerk Deon Hemingway Councilman Russell N. Swensen Asst. Attorney Douglas Nelson Councilwoman Carol A. Dille Asst. Engineer Robert Butler Councilman Marvin J. Anderson Gene Simpson, representing City Councilman Franis Lee Maint. Supv. Others present were Dick Bybee, 1865 Eagle Dr., and O. R. Birch, 3615 Wanda St., with Mrs. O. R. Birch being present briefly later in the meeting. The pledge of allegiance to the flag was led by Councilman Lee; the invocation was offered by Mayor Wehmann. Minutes of, the regular meet- ing on March 16, 1977, and the budget hearing meeting on March 23, 1977, were approved as prepared. Dick Bybee explained that he has purchased part of two lots in Jennie Jean Estates, including the easement in which the 8-inch water main runs from the well at the back of the property (Well #5) out to Ross Avenue, so the waterline is located in the center of the building lot. He mentioned that he has been advised that the waterline will have to be moved before a home can be built on the property, and that he can get the trench dug but has not been able to find anyone to move the pipe. It was determined that the existing waterline is transite pressure pipe so it is not feasible to dig it up and use it again in another location. According to Engineer Butler, it may be possible to abandon this 8-inch line since there is now a larger main going out from the well south to Brookfield Lane. It was requested that Mr. Bybee obtain the services of an engineer to make a study of the costs and effects of moving or abandoning the line and come back with alternative proposed actions before the City Council can make a decision in this matter. Regarding the proposal for the easement on the O. R. Birch property at 3615 Wanda Street, Attorney Nelson explained that the agreement, as referred to in the March 16th metting and accepted by telephone approval from Councilwoman Dille and Councilman Swensen and Lee (Coun- cilman Anderson CQuld not be contacted at the time) has been prepared and sigaed by the Birches, so it is now ready for the Mayor and City Clerk to sign. He reviewed the terms of agreement which described the easement to be 80 feet long and 50 feet in width, of which only 40 feet in length may be improved to a width of 25 feet which is compatible with the existing pavement on Wanda Street; in addition the agreement allows the City vehicles to turn around in the Birch's driveway. It was explained that this easement is to exist only until the Birches or a subsequent owner dedicates a street or the City condemns and purchases a right-of-way. Further reading of the agreement as drawn up disclosed language which had been added regarding City responsiblity for damage to the Birch's driveway, which prompted Attorney Nelson to state that he could not, in good conscience, advise the Mayor to sign an agreement with such an affirmative responsibility on liability for driveway damage. He pointed out that the problem seems to be that the City does not have in the terms of the agreement a method of preserving a safe turn-around for City vehicles and is concerned about the statement relative to liability. After considerable discussion on what portion of the easement and drive- way the City should be allowed to improve and use as a turn-around, Councilman Lee made a motion that the Attorney change the wording in the agreement to re-define driveway to exclude the concrete portion, strike out the sentence regarding damages, and include the right, as agreed to by Mr. Birch, to gravel the north 12.5 feet of the east 40 feet of the easement. Attorney Nelson clarified this by stating that the motion is to define the term easement in the agreement to include 80 feet in leng~h and 50 feet in width and including the portion of the driveway not in "260 April 6, 1977 cement, which is an area measuring approximately 10 feet on the west and 20 feet on the east, with the City to be allowed the right to gravel 40 feet of lenght and all of the ""width except the southerly 12.5 feet. The motion was seconded by Councilwoman Dille; voting was Lee, yes; Dille yes; Anderson, no; Swenson, no. Mayor Wehmann deferred his vote while the garbage truck was driven out into the street and a measurement taken which determined that 59 feet of width is needed to make a "Y" turn with that vehicle, after which the Mayor cast a "no" vote, so the motion did not carry. There was further discussion, during which Mrs. Birch acknow- ledged that there would be no objection to graveling the southerly 12.5 feet of 40 feet of the easement. Councilwoman Dille moved that the easement agreement be werede to re-define the portion of the driveway I which is to be used as a turn-around to include only the graveled port- ion of the driveway, and to allow the City the right to improve the easement to include an area of 50 feet by 40 feet if needed for turn- ing around only, and to strike out the sentence relative to damages. The motion was seconded by Councilman See; voting was Dille, yes; Lee, yes; Swensen, yes; Anderson, yes; motion carried. It was under- stood that the revised easement agreement, with the wording as instruc- ted, would be reasy for signing on the following day, that the fee for the water service for the Birch residence will be that charged before April 1, 1977, and that the City employees will commence with the in- stallation of the water service line on Monday, April 11, 1977. Councilman Swensen not~d that the City's liability insurance terminates on April 7, 1977, and Mayor Wehmann requested that a 30-day extension be arranged while further investigation is made into getting a policy which is more tailored to the needs of cities. According to Mayor Wehmann, he has been notified by Phil Choate of the East Central Idaho Planning and Development Association that there may be a possibility of obtaining a grant from the Economic Development Administration on a 25% matching-funds basis to provide for profession- al services such as a City Administrator. The Council members ind- icated approval to submitting an application in this matter. I Councilwoman Dille announced that the Planning and Zoning Commission will have a Public Hearinq on April 19 on the zone change requests for part of the proposed 17th Street North development and the initial zoning and annexation of the Russ Wallace property, both located be- tween 17th Street and 1rst Street. It was also noted that there will be Public Hearings before the City Council at the next meeting on April 20 on the Westwood Addition and the City Impact Area. Claims were approved for payment. Councilman Lee moved to adjourn; seconded by Councilwoman Dille; meet- ing adjourned at 11:40 P.M. ~/71' " ",/' ~~'-4/"~ / , /~ ~~~~~/7"L-"1 tJ' c6 TY CLERK CITY OF AMMON APRIL 20, 1977 I Minutes of the Regular Meeting of the Mayor and City Council: The Meeting was called to order at 8:30 P.M. (following a Public Hear- ing) by Mayor George Wehmann, wi th the following City Officials present':' Mayor George Wehmann Clerk Deon Hemingway Councilman Russexl Swensen Attorney W. Joe Anderson Councilwoman Carol A. Dille Engineer David E. Benton Councilman Francis Lee Maint. Supv. LaVern E. Williams Councilman Marvin J. Anderson arrived at 8:45 P.M. Others present during the meeting were Dick Bybee, Corey Shaw, Mrs, Elmer Wilson, Jim McNett, Tom Infanger, and Roland Romrell.