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Council Minutes 06/05/1974 ~s~' 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.) I 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). o 00 t-- CO ~ C1;J I 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. I (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). ~. ?G 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. I 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; G~ 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. I Claims were approved for payment. Councilman Hirschi moved that the meeting adjourn at 11:55 P.M.. o ."X; ~ CO t:.t.:J ~ ~-~ . CLERK 7?- r---.-1!..6tl ~ c1~ '--MAY~R/-"":> CI TY OF AMMON June 19, 1974 Minutes of the Regular Meeting of the City Council: I 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. I 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