Council Minutes 06/05/1974
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CITY OF AMMON
June 5, 1974
Minutes of the Regular Meeting of the Mayor and City Couhcil:
Meeting was called to order at 7:35 P.M. ,by Council Chairman Russell N.
Swensen, with the following City Officials present:
Councilman Russell N. Swensen Clerk Deon Hemingway
Councilman Gerald B. Cheney Engineer David E. Benton
Councilman Marvin J. Anderson Attorney W. Joe Anderson
Councilman Brent Hirschi Asst. Attorney Franklin Smith
(Mayor Turnbow was excused--out of town.)
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The following residents were
Jerry Walker 2925 N. Ross
Chris Cook 3005 N. Ross
Kathy Braniff 3515 Samuel St.
Paul Merrell 3730 Samuel St.
Mr. & Mrs. Bruce Empey
3655 Samuel St.
James O. Coleman 2295 Midway
in attendance:
Ron Standifird 3090 N. Ross
Merlin Gray 3165 E. Sunnyside
Jo Bohling 2180 Eagle Dr.
Wynn Pettingill 3280 Circle S Dr.
Gene Killian 3225 Circle S Dr.
Larry D. Thompson 2385 Midway Ave.
Ave. John VanDyck 2390 Circle S Dr.
Prayer was offered by Councilman Hirschi. Minutes of the meeting of
May 15, 1974, were approved as typed (later in the meeting).
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It was determined that the citizens present had come in response to a
letter sent them since the last meeting regarding the sewer service line
charge (copy in LID #5 file). Time was given for comments and questions.
The feeling was expressed that the proposed arrangement to finance the
cost of the additional service lines by the creation of a Local Improve-
ment District on the new properties would mean that those property owners
will be paying twice, and such a procedure shows discrimination. Re-
quests were made again to make a survey of how the other residents feel
about having the additional cost spread out over the whole City, and to
check further into the possibility of making the loan payments from the
monthly use charge. The Council ~nd Attorneys indicated that considera-
tion would be given to these requests, and later in the meeting the Coun-
cil made a specific request to the attorneys that a check be made with
the federal agencies involved, etc., concerning applying a portion of the
monthly fee to repayment of the anticipated loan. Attorney Smith explained
that the matter of financing under a Local Improvement District has been
carefully researched and found to be legal. Engineer Benton commented
that endeavors had been made to cut corners so that the extra service
lines could be inc~uded in the contingency, but factors such as the prob-
lems which developed in digging the new well, etc., had made this impossible.
It was pointed out by Councilman Swensen that a factor to be considered
when looking at the over-all picture of the situation is that private
sewer systems (septic tanks and cesspools) were put in the front yards
for new homes which will result in a substantial savings for putting in the
line to the house when compared to the price for the older homes where the
connection will have to go to the back of the house, but several of those
present felt that this had no bearing on the matter being discussed. Ex-
planation was offered by Councilman Swensen that, as a City Official, he
had hesitated to ask all of the residents of the City to participate by
calling a bond election because of the results of recent school bond elec-
tions which indicates that the people of the area would vote down such a
proposal if put to an election. Attorney Anderson suggested that the City
go ahead and get the legal proceedings started for setting up the LID so
the money can be obtained to pay the contractor when needed, noting that
the method of re-payment can be changed or the proceedings halted in the
future if this becomes advisable. Several of those present thanked the
Council for the time and effort spent in trying to resolve the problem
at hand in the bes't interest of the community, and expressed the hope that
this experience would be beneficial in making decisions for setting cut-
off dates for any such situations in the future.
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(See excerpt of minutes prepared by Attorney Anderson for the Resolution
of, Intention on' L.I.D. #5, with the motion to adopt the resolution being
made by Councilman Swensen, seconded by Councilman Cheney, and the voting
unanimous in the affirmative).
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Councilman Swensen explained the situation regarding a request from
Naegle Realty Co. to have an adjustment made on the penalty and delin-
quency interest for an L.I.D. #4 assessment which that company may be
obligated to pay. After a discussion of the matter by the council
members, Councilman Hirschi mov~d that the penalty and delinquency
interest on L.I.D. #4 Assessment No. 17A remain as is. The motion was
seconded by Councilman Anderson, voting all in favor; motion carried.
According to Councilman Swensen, the contractor on th~ Water and Sewer
Project is about on schedule, and the Project Engineer is checking to see
if any of the HUD grant funds are due on the construction completed to
date.
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Plans for attending the convention of the Association of Idaho Cities in
Boise on June 13, 14, and 15, were reviewed, and a meeting was scheduled
for 8 P.M. on Thursday, June 20, for the City Officials to inform each
other about the subjects to be discussed there. It was noted that Coun-
cil action was needed to designate a voting delegate for the business
meeting at the convention. . Councilman Cheney moved that Russell Swensen,
Chairman of the City Council of Ammon, be the voting delegate at the
AIC Convention; seconded by Councilman Hirschi; voting all in favor;
motion carried.
Councilman Anderson informed the Council that Ed Wood, 3150 Ross Ave.,
has notified the City through Loveland Construction Co. of his intentions
to file a claim for the repair of his driveway which he alleges was
broken by the city truck while dumping gravel there last fall. Attorney
Anderson advised that the claimant must fill out the proper forms for
the insurance company before any action can be taken.
Councilman Cheney mentioned problems concerning the irrigation ditch on
Romrell Lane and water pressure at his home which should be called to
the attention of the sewer contractor. He reported that swimming lessons
have been cancelled for the next two days while parts are being obtained I
for the pool heaters.
According to Councilman Hirschi, the Planning and Zoning Commission mem-
bers have inquired about the possibility of getting courtesy family
swimming passes. The Council felt that this would not be advisable,
but a motion made by Councilman Cheney gave approval to a suggestion
that the Commission members and their families be allowed to have the
pool opened to them free of charge for one night for a swimming party.
The motion was seconded by Councilman Hirschi; voting all in favor;
motion carried.
Councilman Swensen referred to a letter addressed to Mayor Turnbow from
the Idaho State Parks Department giving notice that the appraisal for
the land which the City proposes to buy from Harold Loveland for a park
was found acceptable, so the City can go ahead with the necessary
arrangements using the guidelines of the Bureau of Outdoor Recreation,
since application for matching funds has been made on this acquisition
of land.
A report made by Councilman Swensen told of his recent meeting with a
local Boy Scout group to give information about the city budget and
election processes for earning a Community Service Merit Badge. He I
praised these boys and their leaders from the Ammon 6th Ward Troop for
having completed a very helpful work project in McCowin Park.
Regarding law enforcement for the City, Councilman Swensen mentioned
that he has arranged with the Sheriff for the residents to call for
vacation watches on their property while away from home. Also he re-
ported that a check of the new City Code reveals that there is no sec-
tion which prohibits taking horses in the City parks. The Council
members agreed that it is important to have an official regulation on
this subject to give the law enforcement people authority to issue
citations. Consequently, Attorney Smith read Ordinapce No. 118 in full.
Councilman Cheney moved that the three separate readings be waived;
seconded by Councilman Hirschi; voting all in favor, motion carried..
Ordinance No. 118 was then read by title only. Councilman Hirschi moved
to pass Ordinance No. 118 on its third and final reading by title only;
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seconded by Councilman Cheney; voting all in favor; motion carried.
Ordinance No. 118 was thereby adopted.
According to Councilman Swensen, instructions have been left with the
Sheriff to have the deputies on patrol turn off the lights at the tennis
courts if still on after the middle of the night hours, and to watch for
people in the swimming pool after hours for which citations can be issued
under the loitering and trespassing ordinance. There was no action
taken when Councilman Swensen mentioned that perhaps consideration could
be given to setting up some rules for the use of the tennis courts.
While on the subject of city recreation facilities Attorney Smith coun-
seled that, if not already taken care of, arrangements should be made
to have plenty of lifeguards at the pool at all times.
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Claims were approved for payment.
Councilman Hirschi moved that the meeting adjourn at 11:55 P.M..
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CI TY OF AMMON
June 19, 1974
Minutes of the Regular Meeting of the City Council:
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The meeting was called to order at 7:35 P.M. by Council Chairman Russell
N. Swensen, with the following City Officials present:
Councilman Russell N. Swensen Clerk Deon Hemingway
Councilman Gerald B. Cheney Attorney W. Joe Anderson
Councilman Brent Hirschi Engineer David E. Benton
Councilman Marvin J. Anderson (arrived at 10:15 P.M.)
(Mayor Keith C. Turnbow was out-of-town).
Prayer was offered by Councilman Hirschi.
The meeting was opened as the Protest Hearing for proposed Local Im-
provement District No.5 (Minutes prepared by Attorney Anderson). (MO-
tion to recess Hearing to a time certain of 6P.M., Tuesday, June 25, 1974
was made by Councilman Cheney; seconded by Councilman Hirschi; voting
all in favor; motion carried).
The minutes of the meeting of June 5, 1974, were approved as typed.
Chairman Swensen noted that no one was present to discuss the item on the
agenda concerning the noise, etc., from the operation of motorcycles in
the vacant area along Sand Creek behind Falcon Drive.
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Attorney Anderson presented information on requests for payment by the
contractors and engineers on the Sewer and Water Project. (See excerpt
of minutes prepared by Attorney Anderson. Motion to approve resolution
was made by Councilman Hirschi; seconded by Councilman Cheney; voting
all in favor; motion carried).
Council members were reminded by Councilman Swensen of the special meet-
ing sCheduled for 8 P.M., June 20, 1974, to review information received
from the Association of Idaho Cities last week. He also called atten-
tion to a recommendation by Mayor Turnbow that consideration be given
to having a special census taken. According to an article in the Decem-
ber, 1973, issue of the Gem City News, the cost of having a census taken
would be in the neighborhood of $2,300, and it was suggested that a
request be sent to the AIC office for information regarding the increased
revenue that might be expected due to the increased population.
Engineer Benton reported that the parts for the new pump for Well #5
should be shipped on June 21 and 28, and the repair work has been completed