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Council Minutes 9/12/2006 (185) I I I Book 7-209 April 6, 1989 April 20, 1989 year. The problems should be resolved before the street work is started. Engineer Benton advised that the French drain may need to be replaced since they usually last only about twenty years. Some elevation readings have been taken on the Rawson and Hillam Streets drain. This drain needs to be thoroughly cleaned out preferably by the City of Idaho Falls' sewer flush truck. Additional study will be completed and a report made at the next meeting. Reports: Public Works Director Tomchak reported that delivery date on the new garbage truck should be approximately June 15. Junk car owners are being notified to clean up their premises. Farrell Adamson, 3250 Rawson Street, has been a long time offender who has surrounded his property with a junk yard. The neighbors and the City have been after him to clean up for years, and now that his property is listed for sale, a new owner should not be permitted to continue with all of the junk cars. Clarence Nelson has been hired to work in the parks. He needs a physical exam at the completion of his probationary period before he is changed to permanent status. Well No.5 is out of order waiting for parts. Well No.3 is scheduled for repair, and the neighbors are concerned about equipment going in to work on the well. Entry will be accomplished through the easement as carefully as possible. Attorney Anderson presented a question for the Council's consideration. The individual planning to develop the property north of Valley Bank on the east side of Falcon Drive proposes to enter from Falcon Drive in the center of his property with a public street and to use a private easement of twenty-five feet to get out to 17th Street if needed. He is requesting the access street from Falcon Drive be the minimum fifty feet street width, but he wants the City to assure him that he can use both sides of the street for angle parking so that he will have adequate parking for his facility. The Council did not see any problem with the proposal. Councilman Williamson reported on the status of Ammon Road. Claims for expendi- tures were approved. Councilman Williamson moved to approve renewal licenses for 1989 for a retail grocery store and retail sale of beer to Stokes Food Center. The motion was seconded by Councilman Browning. Roll call vote: Williamson - Yes; Browning - Yes; Maeser - Yes; Nethercott - Yes. The motion carried unanimously. Mayor Ard proclaimed Human Rights Week for April 17 through April 23, 1989. Councilman Williamson moved to adjourn the meeting. The motion Councilman Browning. The meeting was adjourned at 10 00 P M ~~ aL-L~J (! /~~<-~Pi./ CITY CLERK t/ was seconded by ATTEST CITY OF AMMON April 20, 1989 Minutes of the Regular Meeting of the Mayor and City Council: The meeting was called to order lowing City Officials present: Mayor C. Bruce Ard Councilman Michael B. Browning Councilman Greg J. Maeser Councilman Monty A. Nethercott City at 7:30 P.M. by Mayor C. Bruce Ard with the fol- Attorney Scott R. Hall Engineer David E. Benton Public Works Director Tye N. Tomchak Fire Chief Henry S. Crumb Clerk Aleen C. Jensen Others present: Jonathan Manwaring, Boy Scout Troop 335 Ryan McArthur, Boy Scout Troop 335 Gaven Johnson, Boy Scout Troop 335 John Van Dyck, Boy Scout Troop 335 Ben Attebury, Boy Scout Troop 335 Blair Garner, 1955 Heather Lane, Leader of Boy Scout Troop 335 Mala Lyon, 3090 Ross Avenue, Ammon Robert E. Hildeman, West One Bank, Boise, Idaho Absent: Councilman Robert D. Williamson and Attorney W. Joe Anderson The pledge of allegiance to the flag was directed by Mayor Ard, and the invocation 210 April 20, 1989 was offered by Councilman Maeser. The Boy Scouts of Troop 335 were welcomed and introduced. Mala Lyon, 3090 Ross Avenue, requested a renewal of her business license to operate a concession stand in Peterson Park from May 1, 1989, through October 31, 1989. Mrs. Lyon explained that the back of their property is adjacent to the park, and they open their back gate to sell candy, popsicles, etc. from an improvised stand. The Department of Health has issued a permit. Public Works Director Tomchak noted that some complaints have been received about garbage around the park, however, he did not know who was responsible. Councilman Nethercott encouraged Mrs. Lyon to do what she can to clean up after her business operation. She stated that her children had policed the area last year, and they plan to do so again this year. Councilman Browning moved to grant a renewal license to Mala Lyon, 3090 Ross Avenue, to operate a concession stand in Peterson Park from May 1 through October 31, 1989. The motion was seconded by Councilman Maeser. Roll call vote: Browning - Yes; Maeser - Yes; Nethercott - Yes. The motion carried unanimously. I Regarding the FmHA Discount Purchase Program, Mayor Ard announced that one purpose of the meeting was to consider the adoption of an ordinance providing for the issuance of water and sewer revenue bonds, and that a second purpose of the meeting was to consider the adoption of an ordinance authorizing the issuance and confirming the sale of Water and Sewer Refunding Revenue Bonds, Series 1989 of the City of Ammon, Bonneville County, Idaho. Robert E. Hildeman, Vice President of Municipal Fiscal Services for West One Bank (formerly Idaho First National Bank) reviewed and summarized activity since the Council agreed by Resolution No. 89-4 on February 16, 1989, to accept the proposal of the Idaho First National Bank to be the fiscal agent for the refunding bonds of the Sewer and Water Revenue Bond now outstanding. The restructuring provides a par amount of $605,000 tax exempt bonds at 7.685% interest to mature in the year 2005. This results in a projected savings for the City of Ammon of $583,735 and reduces the life of the old bond by ten years. The Bond Reserve Account needs to build to $50,000 over a period of five years. The first payment is due January 1, 1990, and will become due semi-annually thereafter on June 1 and January 1. West One Bank (Idaho First National) is not selling the bonds, but they will retain them in their investment portfolio. Discussion followed. There was concern about passing the ordinances and completing the purchase agreement at this meeting because our City's legal counsel did not receive them in time for thorough review. Ordinance No. 207 and Ordinance No. 208 must be published in one issue of The Post-Register before the closing date. It was decided to publish the ordinances in full. Further action was delayed to allow Attorney Scott R. Hall to study the written documents and consult with other legal counsel. I The City of Ammon plans to participate in the "Idaho Is Too Great To Litter" campaign on Saturday, May 6, 1989. Councilman Nethercott advised that advertising is being distributed throughout the City, and the City crew plans to work on Saturday to collect trash. The Public Works Department is anxious to initiate plans for Phase II of the street repair program, and direction is needed from the Council as to whether or not to schedule with Bonneville County Road and Engineering for the work. There is a question about the bidding process and compliance with Idaho Code when the City contracts with the County. Public Works Director Tomchak and Councilman Browning were instructed to begin negotiations with the County to get on their calendar for street repair this summer. Fire Chief Henry S. Crumb discussed the purchase of a new fire truck for the Fire Department. The cost would be approximately $100,000 to $110,000 fully equipped. There is an opportunity to apply for a grant of $45,000 from Consolidated Hospital Corporation (CHC). The grant application would include a commitment from the City to provide $50,000 and the Fire Department to raise $5,000. The Department is working toward improvement of the fire insurance rating for the City by upgrading I their equipment, training programs, and better record keeping. In June, a representative of the Boise Fire Rating Bureau will meet with the Department to give suggestions and ideas to change our rating. The City normally budgets approximately $50,000 per year for capital improvements, therefore, if the Fire Department received the grant, the City could meet the commitment by rescheduling purchase of other equipment. Councilman Browning moved to authorize Ed Wright of the City of Ammon Volunteer Fire Department to submit a proposal to the Consolidated Hospital Corporation (CHC) for a $45,000 grant to be used for a new fire truck. The motion was seconded by Councilman Maeser. Roll call vote: Brown- ing - Yes; Maeser - Yes; Nethercott - Yes. The motion carried unanimously. Councilman Browning moved to approve the minutes of City Council Meeting held April 6, 1989, as written. The motion was seconded by Councilman Nethercott. Roll call vote: Browning - Yes; Nethercott - Yes; Maeser - Yes. The motion carried unanimously. I I I Book 7 - 211 April 20, 1989 Attorney Scott R. Hall outlined the action procedures for the bond refunding. He advised the City Council to waive the three readings and adopt Ordinance No. 207. Then to waive the three readings and adopt Ordinance No. 208 which authorizes the Mayor to sign the Bond Purchase Agreement. However, the Mayor does not sign the agreement until the legal counsel has the opportunity to review the Ordinances. This would protect the City while providing time for review. If there is a problem found, the Purchase Agreement would not be signed and a special meeting could be called to rescind Ordinance No. 207 and Ordinance No. 208. If no problem is found, the Mayor could be authorized to sign the agreement. Ordinance No. 207 was thereupon introduced in written form by City Clerk Aleen C. Jensen and was read by title, "Providing For The Issuance Of Water And Sewer Revenue Bonds." Councilman Maeser made a motion with regards to Ordinance No. 207, an Ordinance "Providing For The Issuance Of Water And Sewer Revenue Bonds," that the City Council dispense with the rule requiring the reading of the Ordinance on three different days and once in full. The motion was seconded by Councilman Browning. Roll call vote: Maeser - Yes; Browning - Yes; Nethercott - Yes. The motion carried unanimously. Ordinance No. 207 was thereupon again read by title. Councilman Greg J. Maeser moved to adopt Ordinance No. 207 and Councilman Michael B. Browning seconded the motion. Roll call vote: Maeser - Yes; Browning - Yes; Nethercott - Yes. The motion carried unanimously. Ordinance No. 207 was thereupon signed by the Mayor in evidence of his approval, was attested by the City Clerk, was numbered and ordered recorded. Ordinance No. 208 was thereupon introduced in written form by City Clerk Aleen C. Jensen and was read by title, "An Ordinance Authorizing the Issuance and Sale of $605,000 Water and Sewer Refunding Revenue Bonds, Series 1989, of the City of Ammon, Idaho, prescribing the forms and other details of such bonds; fixing the interest rate to be borne thereby; providing for the use of the proceeds of the sale of the bonds and other moneys of the City; making certain representations and covenants concerning the maintenance of the tax-exempt status of interest on the bonds under federal tax law; designating such bonds as 'qualified tax-exempt obligations' of the City; providing for the refunding of certain 1975 Water and Sewer Revenue Bonds of the City; and providing for related matters." With regards to Ordinance No. 208, Councilman Greg J. Maeser moved that the rule requiring the reading of the Ordinance on three different days and once in full be dispensed with. The motion was seconded by Councilman Browning. Roll call vote: Maeser Yes; Browning - Yes; Nethercott - Yes. The motion carried unanimously. Ordinance No. 208 was thereupon again read by title. Councilman Greg J. Maeser moved to adopt Ordinance No. 208. The mot ion was seconded by Councilman Michael B. Browning. Roll call vote: Maeser - Yes; Browning - Yes; Nethercott - Yes. The mot ion carried unanimously. Ordinance No. 208 was thereupon signed by the Mayor in evidence of his approval, was attested by the City Clerk was numbered and ordered recorded. Robert E. Hildeman suggested the Council consider adjusting the interest rate on pages 3, 10, and 18 of Ordinance No. 208 to reflect the 7.68% interest rate the Bank is willing to quote tonight. The Ordinance was prepared to show 7.7% interest which was the rate quoted earlier in the week. This is assuming how the Council wants to approach the Bond Purchase Agreement as to whether it will be taken as it stands or if the interest rate should be left open at this time pending whatever rate might be offered upon the date of final approval for the Mayor to enter into and sign the agreement. Councilman Greg J. Maeser moved to make notations on pages 3, 10, and 18 of Ordinance No. 208 with regard to interest rate to reflect 7.68% which is the amount represented to the City tonight by West One Bank, and the Mayor is authorized to hand write the change to be initialed by the Mayor and City Clerk. The motion was seconded by Councilman Michael B. Browning. Roll call vote: Maeser - Yes; Browning - Yes; Nethercott - Yes. The motion carried unanimously. Reports: Public Works Director Tomchak reported the City had experienced a number of water breaks. About eight lines need to be replaced at this time. The crew has been trying out the pulling device to replace the lines, and it has been very successful. Well No.5 is back on line. The motor on Well No.3 has been rewound, and the pump is okay. However, some new wiring is needed. A Flood Plain Training Meeting is scheduled for May 3, 1989, in Pocatello. The Water Resources Board has verified that Ammon is still in the Flood Plain although contrary reports have been received. It has been discovered that Ammon LDS Stake Center has a water meter, and it will be read to compare the amount of usage 212 April 20, 1989 April 27, 1989 with the set charge being made by the City. The City needs a line locator, and a dealer will be demonstrating the use of one at the Shilo Inn on May 15 and 16. LaRall Kent is building a residence and shop on Sabin Drive which is causing some opposition. However, Mr. Kent has been following the guidelines of the City Code and those set up when the property was rezoned. Councilman Maeser reported that Julie B. Ferguson had been hired on a probationary basis to work with Animal Control. Rough drafts of an Ordinance to amend Title 6, Chapter 3 and add two sections on vicious dogs was distributed to the Council for review and suggestions in regard to the petition filed over the recent problem. Claims were approved. Councilman Browning moved Councilman Nethercott. The to adj ourn the meeting. The motion was seconded meeting was adjO~~ by ATTEST ~e2i-A~ CITY CLERK ~ CITY OF AMMON April 27, 1989 Minutes of a Special Meeting of the Mayor and City Council: The meeting was called to order at 9: 25 P. M. by Mayor C. Bruce Ard with the following City Officials present: Mayor C. Bruce Ard Councilman Greg J. Maeser Councilman Monty A. Nethercott Councilman Robert D. Williamson Attorney Scott R. Hall City Clerk Aleen C. Jensen Absent: Councilman Michael B. Browning Notice of this Special Meeting was posted at the City Building, 3270 Molen Street; Ammon Speedi Mart, 3490 East Sunnyside Road; Circle K Store, 1995 East Seventeenth Street; and Stokes Food Center, 2510 East Seventeenth Street. The purpose of the meeting is for the Council to review and determine whether or not to pass the Bond Purchase Agreement and execute it pursuant to City of Ammon Ordinances No. 207 and No. 208. The legal counsel has reviewed the Ordinances and they are in order. Councilman Williamson moved to approve the Bond Purchase Agreement and to authorize the Mayor to sign the agreement pursuant to Ordinance No. 207 and No. 208. The motion was seconded by Councilman Maeser. Roll call vote: Williamson- Yes; Maeser - Yes; Nethercott - Yes. The motion carried unanimously. Councilman Williamson moved to adjourn the meeting. The motion was seconded by Councilman Maeser. The meeting was adjourned at 9:30 P.M. ~v ATTEST ~~~A-~J (? ~<-tL4/J CITY CLERK t/ I I I