Council Minutes 04/06/1977 (3)
I
o
00
l"-
~
W
~
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 &ussell N. Swensen Asst. Attorney Douglas Nelson
Councilwoman Carol A. Dille Asst. Engineer Robert Butler
Councilman Marvin J. Anderson Gene Simpson, ~epresenting 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. 80 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 could 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 grave~ 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 lengih
and 50 feet in width and including the portion of the driveway not in