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Council Minutes 01/06/2005 CITY OF AMMON CITY COUNCIL MINUTES THURSDAY, JANUARY 6,2005 The meeting was called to order by Mayor Ard at 7:30 p.m. in the City Building, 2135 South Ammon Road, Ammon, Idaho, with the following City Officials present: Mayor C. Bruce Ard Councilmember W. Lee Bean Councilmember Karen Y. Anderson Councilmember Rex Thompson Councilmember Randy Waite City Attorney Scott Hall City Engineer Bill Manwill City Administrator Bruce Rose City Planning Director Ron Folsom City Clerk/Treasurer Diane Gempler Councilmember Thompson led the Pledt!e of AIIe2iance to the Flat! and, Councilmember Anderson offered a prayer. Minutes December 16.2004: Councilmember Waite motioned to approve the December 16,2004, minutes with corrections noted. Councilmember Anderson seconded. Roll call vote: Councilmember Waite - Yes, Councilmember Anderson -Yes, Councilmember Bean -Yes, Councilmember Thompson -Yes. The motion carried. Items from Mavor: City Administrator Bruce Rose introduced several Bonneville County Deputies who work with the Inmate Work Release Program. The Inmate Work Release Program has provided over $20,000 worth of donated labor to the Parks Department during 2004. The Council extended their appreciation to the Deputies. Mayor Ard gave the floor to Ted Hendricks ofE.C.I.P.D.A. Mr. Hendricks provided the Council with a draft flyer announcing the public information meeting to be held prior to the Bond election. The public information meeting has been tentatively scheduled for Wednesday, January 26th. Mr. Hendricks also suggested the Council hold a meeting with all of the City's employees to answer their questions regarding the bond. The Council reviewed the flyer and noted changes to be made. The mailing was scheduled to be sent in the next week, and the meeting held on January 26th. In addition, Mr. Hendricks informed the Council of financing options available to the City if the Bond is passed. Mayor Ard proposed that Tom Hunsaker, Jarin Hammer, and Robert Gustafson be reappointed to the Planning and Zoning Commission. Planning Director Ron Folsom has spoken with each of the gentlemen and they are willing to accept the appointment. Councilmember Bean motioned to appoint Tom Hunsaker, Jarin Hammer and Robert Gustafson to three-year terms on the Planning and Zoning Commission. Councilmember Waite seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Waite - Yes, Councilmember Anderson - Yes, Councilmember Thompson - Yes. Consent A2enda: Councilmember Anderson motioned to approve the Consent Agenda as presented. Councilmember Bean seconded. Roll call vote: Councilmember Anderson - Yes, Councilmember Bean - Yes, Councilmember Thompson - Yes, Councilmember Waite - Yes. The motion carried. ACTION ITEMS: Ammon Park Center Annexation At!reement and Ordinance: The Council discussed the proposed annexation agreement. The discussion centered on requiring the developer to reimburse the City's street fund for existing arterials and collectors adjacent to their property or otherwise providing for improvement to existing infrastructure. City Council 01/06/2005 - 1 Councilmember Anderson motioned to approve the Annexation Agreement with the addition of a special condition requiring a contribution of$50,000 for 660' of 1 lane and curbing along the 17th Street frontage. Councilmember Thompson seconded. Roll call vote: Councilmember Anderson -Yes, Councilmember Thompson - Yes, Councilmember Waite - No, Councilmember Bean - No, Mayor Ard - No, as 17th Street is not new and contribution has not been asked from other developers adjacent to 17th Street. The motion failed. Councilmember Bean motioned to table the Annexation Agreement to the January 13, 2005, work session for further discussion. Councilmember Anderson seconded. Roll call vote: Bean -- Yes, Anderson -- Yes, Councilmember Waite -- Yes, Councilmember Thompson -- Yes. The motion carried. Woodbury Annexation Al!reement: City Planning Director Ron Folsom reported that the Council has been provided with draft agreements as proposed by the developers and as recommended by staff. The Council discussed the proposed annexation agreements. Councilmember Anderson motioned to approve the Woodbury--Hitt/Sunnyside Annexation Agreement as prepared by staff, with SC-las stated, SC-2 as stated, SC-3 that consistent with the memorandum of understanding between the City of Ammon and City ofldaho Falls dated April 10, 2001, the developer will pay for the construction of not less than 1/2 of improvements to Hitt Road; and, SC-4 stating that the livestock on that portion zoned commercial will be grandfathered until the property is sold, until the use of the property is changed, or until pasturing of livestock is interrupted. Councilmember Waite seconded. Roll call vote: Councilmember Anderson - Yes, Councilmember Waite - Yes, Councilmember Bean - Yes, Councilmember Thompson -Yes. The motion carried. Councilmember Anderson motioned to approve the Woodbury Annexation Agreement as prepared by staff, with the addition of condition SC-3 that consistent with the memorandum of understanding between the City of Ammon and City of Idaho Falls dated April 1 0, 2001, the developer will pay for the construction of not less than 1/2 of improvements to Hitt Road. Councilmember Waite seconded. Roll call vote: Councilmember Anderson - Yes, Councilmember Waite - Yes, Councilmember Bean - Yes, Councilmember Thompson -Yes. The motion carried. Woodbury Annexation Ordinances: Councilmember Anderson read Ordinance No. 360, AN ORDINANCE ANNEXING CERTAIN LANDS TO THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO; DESCRIBING WITH PARTICULARITY SAID LANDS TO BE ANNEXED AND HEREBY ANNEXED AND DECLARING SAID LANDS A PART OF THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO; DETERMINING THE PROPER ZONING FOR CLASSIFICATION OF THE ANNEXED LANDS AND TERRITORY UNDER THE ZONING ORDINANCE OF THE CITY OF AMMON, IDAHO; PROVIDING FOR AN EFFECTIVE DATE FOR THIS ORDINANCE AND OF THE ANNEXATION OF SAID LANDS by title and motioned to dispense with the rule requiring the reading of the ordinance on three different days and that the three readings be waived. Councilmember Waite seconded. Roll call vote: Councilmember Anderson - Yes, Councilmember Waite - Yes, Councilmember Bean - Yes, Councilmember Thompson -Yes. The motion carried. Councilmember Anderson read Ordinance No. 360, AN ORDINANCE ANNEXING CERTAIN LANDS TO THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO; DESCRIBING WITH PARTICULARITY SAID LANDS TO BE ANNEXED AND HEREBY ANNEXED AND DECLARING SAID LANDS A PART OF THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO; DETERMINING THE PROPER ZONING FOR CLASSIFICATION OF THE ANNEXED LANDS AND TERRITORY UNDER THE ZONING ORDINANCE OF THE CITY OF AMMON, IDAHO; PROVIDING FOR AN EFFECTIVE DATE FOR THIS ORDINANCE AND OF THE ANNEXATION OF SAID LANDS by title and motioned to adopt Ordinance No. 360 on its third and final reading. Councilmember Waite seconded. Roll call vote: Councilmember Anderson - Yes, Councilmember Waite - Yes, Councilmember Bean - Yes, Councilmember Thompson -Yes. The motion carried. Councilmember Anderson read Ordinance No. 361, AN ORDINANCE ANNEXING CERTAIN LANDS TO THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO; DESCRIBING WITH PARTICULARITY SAID LANDS TO BE ANNEXED AND HEREBY ANNEXED AND DECLARING SAID LANDS A PART OF THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO; DETERMINING THE PROPER ZONING FOR CLASSIFICATION OF THE ANNEXED LANDS AND TERRITORY UNDER THE ZONING ORDINANCE OF THE CITY OF AMMON, IDAHO; PROVIDING FOR AN EFFECTIVE DATE FOR THIS ORDINANCE AND OF THE ANNEXATION OF SAID LANDS by title and motioned to dispense with the rule requiring the reading of the ordinance on three different days and that the three readings be waived. Councilmember Waite seconded. Roll call vote: City Council 01/06/2005 - 2 Councilmember Anderson - Yes, Councilmember Waite - Yes, Councilmember Bean - Yes, Councilmember Thompson -Yes. The motion carried. Councilmember Anderson read Ordinance No. 361, AN ORDINANCE ANNEXING CERTAIN LANDS TO THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO; DESCRIBING WITH PARTICULARITY SAID LANDS TO BE ANNEXED AND HEREBY ANNEXED AND DECLARING SAID LANDS A PART OF THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO; DETERMINING THE PROPER ZONING FOR CLASSIFICATION OF THE ANNEXED LANDS AND TERRITORY UNDER THE ZONING ORDINANCE OF THE CITY OF AMMON, IDAHO; PROVIDING FOR AN EFFECTIVE DATE FOR THIS ORDINANCE AND OF THE ANNEXATION OF SAID LANDS by title and motioned to adopt Ordinance No. 361 on its third and final reading. Councilmember Waite seconded. Roll call vote: Councilmember Anderson - Yes, Councilmember Waite - Yes, Councilmember Bean - Yes, Councilmember Thompson -Yes. The motion carried. Ordinance #362 - Amendine: Ordinance #357 - Revenue Bond: City Clerk Diane Gempler reported that an error had been made with regard to designation of one of the polling places for the upcoming bond election. Ordinance #362 amending Ordinance #357 has been prepared by Bond Counsel to effect the correction. Councilmember Bean read Ordinance No. 362, AN ORDINANCE AMENDING SECTION 3 OF ORDINANCE NO. 357, ADOPTED ON DECEMBER 16,2004, TO REVISE THE LIST OF POLLING PLACES FOR THE SPECIAL BOND ELECTION TO BE HELD ON FEBRUARY 1,2005; APPROVING A FORM OF NOTICE OF SPECIAL BOND ELECTION; RATIFYING OTHER PROVISIONS OF ORDINANCE NO. 357; AND PROVIDING AN EFFECTIVE DATE by title and motioned to dispense with the rule requiring the reading of the ordinance on three different days and that the three readings be waived. Councilmember Thompson seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Thompson - Yes, Councilmember Waite - Yes, Councilmember Anderson -Yes. The motion carried. Councilmember Bean read Ordinance No. 362, AN ORDINANCE AMENDING SECTION 3 OF ORDINANCE NO. 357, ADOPTED ON DECEMBER 16,2004, TO REVISE THE LIST OF POLLING PLACES FOR THE SPECIAL BOND ELECTION TO BE HELD ON FEBRUARY 1,2005; APPROVING A FORM OF NOTICE OF SPECIAL BOND ELECTION; RATIFYING OTHER PROVISIONS OF ORDINANCE NO. 357; AND PROVIDING AN EFFECTIVE DATE by title and motioned to adopt Ordinance No. 362 on its third and fmal reading. Councilmember Thompson seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Thompson - Yes, Councilmember Waite- Yes, Councilmember Anderson -Yes. The motion carried. Miscellaneous Discussion Items: City Administrator Bruce Rose reported the items that are scheduled for the January 13th Work Session. A FEMA presentation, a presentation on the proposed computer upgrades to City Hall, and the proposed Ammon Park Center Annexation Agreement were scheduled for the meeting. The Council discussed the plat proposed to the County that could be contiguous if the property owner were willing to include property north of the proposed plat. Mayor Ard announced the Council assignments for calendar year 2005: Police, Fire & Public Safety -- Rex Thompson with Lee Bean advising; Public Works -- Randy Waite with Rex Thompson advising; Parks - Karen Anderson with Randy Waite advising; and, Fiscal Operations -- Lee Bean with Mayor Ard advising. City Administrator Bruce Rose advised the Council of previously scheduled meetings in each of the areas. Mayor Ard reported that he feels the policy with regard to street maintenance and improvements should be changed. He feels the City should do as much as possible with available resources as they become available. In addition, Mayor Ard, informed the Council of the continuing need to improve on the water system through completion of the line from Tiebreaker to Ammon Road along John Adams, and future wells. Councilmember Bean reported that LB.S.D. has raised their residential sewer rate to $24.00 per month. He suggested the Council consider raising sewer rates to compensate for the 37% increase the City of Idaho Falls is anticipated to implement in March. The Council discussed scheduling of the necessary public hearing. City Administrator Bruce Rose reported that the City of Idaho Falls has been estimating the flows the billing has been calculated on. The meter readings for the last month are nearly double the estimated flow rate. City Engineer Bill Manwill reported that the meter was recalibrated and read a second time to City Council 01/06/2005 - 3 determine any error. The recalibrated readings were consistent with the initial readings. The IBSD metering station is going to be inspected and recalibrated as the flow through that meter have been considerably less with more residents contributing. Councilmember Anderson asked for an update on the zoning violations discussed at previous meetings. Mayor Ard reported he had discussed the secondary residence in a single family detached zone with the property owner. City Administrator Bruce Rose reported that both property owners have received letters informing them of the violations. Councilmember Bean motioned to adjourn. Councilmember Waite seconded. All in favor, the meeting adjourned at 10:20 p.m. ~s==J ~i~ C. Bruce d,. yor ~ City Council 01/06/2005 - 4