Council Minutes 12/18/1972
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CITY OF AMMON
December 18, 1972
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 Engineer David Benton
Councilman Russell N. Swensen Attorney Franklin Smith
Councilman Marvin J. Anderson Clerk Deon Hemingway
Councilman Lynn C. Richardson Maint. Supv. LaVern E. Williams
Councilman Gerald B. Cheney arrived at 9'10 P. M.
Prayer was offered by Councilman Swensen. Minutes of the meeting of Dec. 4,
1972, were approved as typed.
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Regarding the Sam En tell water situation which was discussed in the last meeting, it
was noted that the concerned parties have been notified of the decision that was made
at that time, but further contact has not been made with the City in this matter.
Mayor Turnbow explained that the third reading of the Sewer Bond Ordinance has been
postponed until it has been reviewed by a bonding attorney in Seattle so that any needed
changes can be made before the final reading.
A policy for setting a time limit on builders between the time a Building Permit is ob-
tained and the starting of construction was mentioned, and it was determined that such
a policy putting a six-month limitation on this was made by the City Council at the
meeting of May 18, 1970.
In response to a previous inquiry by Mayor Turnbow, Attorney Smith advised that a
city is not rrevented from enforcing its zoning and building ordinances although some-
body is in violation of the ordinance unles s it is a situation where the city has allowed
the person to make a large expenditure erecting a building or for some other purpose
in substantial reliance on the city's previous position. However, the ordinance must
be enforced uniformly and should be applied to all persons in violation. In other words,
so long as a person has not made a substantial expenditure in reliance on the statement
of some official that he is authorized to make a non-conforming use of certain property,
the City is not prevented from later enforcing the ordinance.
The agreement which has been prepared by Att:::>rney Anderson for contracting law en-
forcement services between Bonneville County Sheriff's Department and the City of
Ammon was reviewed, and Councilman Swensen moved that the City of Ammon enter
into a one (1) year agreement with Bonneville County Sheriff's Department for law en-
forcement protection for the year 1973 as per the agreement, and that the Mayor be
authorized to sign said agreement. Seconded by Councilman Richardson; voting all
in favor; motion carried.
Attorney Smith reported that the City of Ammon has been awarded $48.85 from the
anti-trust suit brought by the State of Idaho and joined in by Ammon and other cities
and counties against the asphalt companies. Mayor Turnbow commended Attorney
Smith for his efforts in this matter.
According to Engineer Benton, designing work is proceeding on the proposed sewer
system with no other action being anticipated until HUD grant funds commital is
r ecei ved, which could be some time in January.
Mayor Turnbow reported on water system problems which occurred during the recent
ex~remely cold weather, stating that three pumps had been out of operation for a few
hours due to electrical problems and lack of sufficient heat in the well houses. Also
there were several breaks in individual service lines which have all been repaired.
After discussion and upon the recommendation of Councilman Swensen, Maintenance
Supervisor La V ern Williams was authorized to purchase a more efficient metal de-
teetor to help in locating pipelines and shut-off valves for these emergencies.
Councilman Richardson reviewed the proposed budget for the Bonneville Council of
Governments (BCOG) --copy attached- -and moved that the City of Ammon authorize
its COG representative to approve a budget to COG of not more than $1305.00 for the
calendar year of 1973; seconded by Councilman Swensen;voting all in favor;motion carried,
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A report from Councilman Cheney indicated that the City-sponsored basketball program
under the Recreation Department is in progress with approximately 150 boys from 5th,
6th, 7th, and 8th grades participating. Practices and games are on Saturdays at the
Ammon,Jr. High School under the direction of Donald Holm.
With reference to a newspaper article mentioning the position of the School Board of
District 93 concerning the use of snow machines on school grounds and considering
Ordinance No. 10 3 dated Nov. 29, 1971, which prohibits this activity, the Attorney was
instructed to write to the School Board reque sting an understanding on this subject.
It was announced that the City' has just received a check for $6,923.00 from the Federal
Revenue Sharing program which has been placed in a Time Certificate of Deposit.
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City officials were reminded to review the Sewer Agreement with the City of Idaho
Falls before the next meeting on January 8, 1973, at which time a public hearing on
this document will be held.
Councilman Swensen moved that the meeting adjourn; seconded by Councilman
Anderson. The meeting adjourned at 10:00 P. M. Claims in the amount of $2,464.97
were approved for p yment. ..-/1/0
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CITY OF AMMON
January 8, 1973
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 f'.)llowing city officials present:
Mayor Keith C. Turnbow Clerk Deon Hemingway
Councilman Russell N. Swensen Attorney W. Joe Anderson
Councilman Lynn C. Richardson Engineer David E. Benton I
Councilman Gerald B. Cheney Planning Comm. Chairman Jim Southwick
Councilman Marvin J. Anderson arrived at 10:20 P. M.
Prayer was offered by Councilman Richardson. Minutes of the meeting of Dec. 8,
1972, were read and approved.
The meeting was opened as a public hearing on the Cooperative Agreement for
S'ewage Treatment between Idaho Falls and Ammon. Attorney Anderson noted that,
since the re were no citizens or interested parties appearing to comment or inquire,
the agreement would be submitted for action by the Ammon Council. Councilman
Richardson moved that the City of Ammon sign the said agreement as presented
since there were no objections to the proposal. Seconded by Councilman Swensen;
voting--Richardson, yes; Swensen, yes; Cheney, yes; motion ~arried.
In response to an inquiry by Mayor Turnbow, Attorney Anderson replied that to his
knowledge there had been no answer to the letter written to the District #93 School
Board by Attorney Smith concerning the use of snow machines on school grounds.
Attorney Anderson presented Interim Appropriation Ordinance #109. Councilman
Richardson moved that the three readings of Ordinance #109 be waived and that it be
placed on the final reading. Seconded by Councilman Swensen; voting all in favor;
motion carried. Councilman Swensen moved that Interim Appropriation Ordinance
#109 be appToved to appropriate sufficient funds to meet operating expenses until the
1973 budget is approved. Seconded by Councilman Cheney; voting all in favor;
motion carried.
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According to Attorney Anderson, no word has been received from the Bonding Attorney
who is reviewing the Sewer Bond Ordinance #108.
Jim Southwick, Chairman of the Planning and Zoning Commission, reviewed pro-
posed re-zoning as recommended by the Commission from studies made during the
past year. The proposed code is patterned after the Idaho Falls Zoning Ordinance,
using the same zone designations and restrictions. The most outstanding proposed
changes from the present zoning code would restrict mobile homes to trailer parks,
provide for more specific requirements of lot and home sizes with slight changes in