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Council Minutes 02/05/1975 1 o Qj t--- CO W t;a ,I 1 99 CITY OF AMMON February 5, 1975 Minutes of the regular meeting of the Mayor and City Council. The meeting was called to order at 7:35 P. M~ by Mayor Keith C. Turnbow with the following City Officials present: Mayor Keith C. Turnbow Councilman Russell N. Swensen Councilman Marvin J. Anderson Councilman Gerald B. Cheney Councilman Brent Hirschi Others present during the meeting were Fire Chief Marvin McGary, Mr. Phil Choates and Mr. Reed Summers. Attorney"Frank Smith Engineer David E. Benton Deputy Clerk Gail Mayhew Prayer was offered by Councilman Cheney. Minutes of the meetings of January 8, 1975, and January 22, 1975, were approved as typed. Attorney Smith referred to" a letter sent to the City Clerk by Gregory Crockett, attorney represent Mr. Bob Lanier, 1815 Sabin Dr., wherein damages resulting from the loss of his dog were demanded in the amount of $500.00 from the City of Ammon. It was noted that Mr. Lanier refused to accept service on citations issued by Officer Ciro Rustici and that Officer Rustici was within the scope of his authority in proceeding onto the Lanier property in pursuit of the dog. An autopsy performed on the dog, at the Lanier I s expense showed that the dog had not been fed for about 36 hours which in- creased the effect of the dart gun tranquilizer that resulted in shock and death. The maker of the tranquilizer gun assured the attorney that the gun was used properly and will back up the city claim. It was suggested that the city initiate criminal prosecution if the Laniers proceed with their claim. Attorney Smith also noted that it is pos sible for the city to notify the county that a claim has been filed and demand indemnification under the service contract presently in force. It was 1"ecommended by Attorney Smith that the Lanier claim be denied and not referred to an insurance adjuster. "Councilman Cheney moved that the Council refuse the Lanier claim as set forth in the letter of of January 13, 1975, sent by Attorney Crockett. The motion was seconded by Council- man Hirschi; voting was all in favor; motion carried. Progress of the, Municipal Code Book printing was reported on by Attorney Smith. Judge Adams expects to have the collation completed by Monday, February 10, 1975. It was pointed out by the Attorney that the C,ode Books will have a front index but that it would be necessary for the City Clerk to put the printing in the binders and tab the -sections of the Code. Mayor Turnbow reported that different binders had been ordered because those approved by the Council has risen in price from $112.50 to $283.00 when the month I s price quarantee expired. Continuation of the L.1. D. '#6 Assessment Roll Hearing was conducted by Attorney Franklin Smith. 'Attorney Smith reported that a second notice was sent to those property owners affected by L.1. D. #6 with additional information showing a break- down of charges and the manner of computation for lots and parcels covered in the assessments. Mr. Reed Summers, 3520 S. Ross, questioned the last sentence of the notice which showed a 15% charge for miscellane1)u13 administrative costs. Engineer Benton pointed out that normally these miscellaneous costs run about 18-25% of an assessment so that 15% seemed quite reasonable. Benton also' explained to !\1r. Summers that the 15% is included in the.oomputation of the assessment cost and not as an additional charge to the property owner. Attorney Smith also pointed out that Idaho State law allows inclusion of incidental costs necessary for the passage of an L. I. D. in the property assessments because the L. 1. D. is of benefit to the property owners. Engineer Benton also stated that the City is paying for L.1. D. #6 intersections and that the city is paying higher than 15% miscellaneous costs. Councilman Swensen moved that the Council confirm the assessment and implement L. 1. D. #6. The motion was seconded by CounciLman C;;Q.~ney; voting was all in favor; motion carried. A second motion was made by Councilman Swensen to is sue an interim warrant #1 for L.1. D. #6 in the amount of $25, 803.67. The motion was seconded by Councilman Cheney; voting was all in favor; motion carried. Acc6:rding to Councilman Swensen, Goodwin Construction "had demanded 1-1/2% interest on the bala"nce owed to them by the city. However, Attorney Smith pointed out that '0 it is not legal or binding for Goodwin to charge interest. Engineer Benton pointed out that the price of materials has risen since Goodwin's original bid and Council- man Swensen suggested the job would be of better quality work if an agreement could be reached. The city and engineers represented by Doug Jensen met with Good- win on Tuesday, February 4, 1975, and reached agreement to cancel the interest charge. April 1, ~975, is the date set for completion of Goodwin's work on the water tower. (The City withheld the payment of $19,713.51 to Goodwin at the time the interest was charged.) An explanation by Engineer Benton concerning water assessments being paid by the city was presented. It was pointed out that the city can't remove land from an irrigation district unless the property owners involved will sign a petition re- questing t4e change. It was felt that legislative measures will be necessary to I clear up the situation. Engineer Benton suggested that access to the Falcon Park Well would be aided by using the 10' easement between the Carter and Fransen properties on Saw- tooth and attempting to buy between 30 and 50 feet of property from the Flint, Metcalf, Tong, and Smith properties bordering the well. Mayor Turnbow asked Engineer Benton to check with t~ese property owners before the next City Countil meeting. Hartwell Construction has completed its work except for one manhole and 10-15 feet of line in the Eastgate9 Trailer Park according to Engineer Benton. He also reported that the new pumphouse parts have been installed and the floor will soon be poured. Mayor Turnbow reported that the used generator motor is in excellent shape after being overhauled. It can start a 108 HP pump and will have the capacity to operate a deepwell pump and one booster pump or two booster pumps on an emergency basis. According to Mayor Turnbow the /Gityis in the process of closing the FrnHA loan (by Feb. f9th). However, the EPA project must be complete to get all the money from them. So. on the 17th Street project the city is using $17, 000 of EPA funds. Mayor Turnbow took time to commend the volunteer firemen for their services I to the city. He pointed out that the se firemen receive no compensation if they disabled while fighting a fire and sugge sted that an insurance program be in- stituted for the 19 volunteer firemen serving the city at the present time. Fire Chief Marvin McGary reported that the firemen will paint the fire car them- selves as soon as the new fire truck arrives. . The mayor also suggested that a letter be sent to Richard Taylor to thank him for the donation of his time and equip- ment to install ~quipment on the fire car. Councilman Swensen moved that a letter be written; Councilman Cheney seconded the motion;all voted in favor, the motion was carried. Mayor Turnbow asked Councilman Hirschi to take care of the letter. Delivery date for the new fire truck is now se.t for March, 1975. The Mayor also noted that the 1940 Ford fire truck was worth $1,000 toward the cost of the new truck or new equipment. A letter from Home Pack Consultants o~ Pocatello was read by Mayor Turnbow requ~sting information about possible commercial or residential building sites around Ammon. The mayor asked the Councilmen to report on any such sites available. The question of a special census for Ammon was raised. The Mayor stated that the Bureau of the Census suggested combining with Idaho Falls in April or May to conduct a new census ta.bulation. However, it was felt that the possibility of a sooner starting date should be considered. The question of protection from burglary for the City Clerk was brought up by Mayor Turnbow. The Mayor asked Councilman Swensen to check on the forms. of systems available through the Bonneville County Sheriff's Department. I Councilman Anderson asked Engineer Benton about the problems with Falcon and Avocet streets. Engineer Benton reported that Hartwell had filled the holes with gravel about a month ago. It was felt that the job needed to be done again con- sidering the num ber of complaints from citizens concerning these roads. Engineer Benton also reported that the ditch by Ross Walters IS home will be taken out as soon as the frost is out of the ground. I Q (X) t-- ~ W t:.1J I I lor g_o_uIlcilman Anderson also requested information concerning the widening of 17th St. this year. Engineer Benton reported that the funds are now available and the pilings for the bridge will be driven on February 17. The necessity to set a final day to begin charging for sewer was discussed. It was felt by the Councilmen that a notice should b~ put in the Post Register and in a news- letter stating that everyone will be paying for sewer by March 3, 1975, whether hooked on or not. It was requested by Councilman Anderson that si~ns be placed on the streets coming out of the L. D. S. Churchyard on Molen and a stop sign on Romrell Lane at Owen St. The Mayor suggested that the bishops involved and the school district be contacted to see if they are willing to pay for the signs. Mr. Phil Choates arrived at 11: 30 P. M. to present special materials concerning the CETA II Program. The pro~ram is called Out-Stationing and concerns using local government agencies to obtain funds for public service organizations who cannot receive CETA funds directly. He mention two organizations - Consumer Business Assn. and Berrett Land Management - that need funds at present for hiring employees. He added that the only city expense involved will be in record keeping for payroll deductions "but that the actual hiring will be done by the above mentioned organizations themselves. Councilman Hirschi wanted to know if the application for CETA funds would show that the City would be hiring these people. Mr. Chostes replied that the application would show that the groups were applying for funds through Ammon but not for Ammon. Councilman Swensen moved that the City of Ammon take part in the CETA II Out-Stationing Concept. The motion was seconded by Councilman Cheney; all voted in favor; themQt:ion was carried. (Minutes for the remainder of the meeting were taken by Councilman Swensen): Not submitted to City Clerk. L~ CLERK . ~-tr1~ lvTA R"