Council Minutes 02/05/1975 (2)
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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'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 l'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 miscellaneous 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 ~r. Summers that the 15% is included in the ,computation 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. I. 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 C4E1ney; voting was aU in favor;
motion carried. A second motion was made by Councilman Swensen to issue 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.
According to Councilman Swensen, Goodwin Construction -had demanded 1-1/2% interest
on the ba1a-nce owed to them by the city. However, Attorney Smith pointed out that