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Council Minutes 12/04/2003 CITY OF AMMON CITY COUNCIL MINUTES THURSDAY, DECEMBER 4, 2003 The meeting was called to order by Mayor C. Bruce 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 Leslie Folsom Councilmember Randy Waite City Attorney Scott Hall City Administrator Bruce Rose City Engineer Bill Manwill Planning & Zoning Chairman Tom Hunsaker City Clerk/Treasurer Diane Gempler City Officials Absent: Councilmember Karen Y. Anderson Public Works Director David Wadsworth Councilmember Folsom led the Pled!!e of Allel!iance to the Fla!! and, Councilmember Bean offered a praver. Minutes - November 6. 2003 and November 20. 2003: Mayor Ard set aside the November 6, 2003, minutes to be discussed at a future meeting. Councilmember Waite motioned to approve the November 20,2003, minutes. Councilmember Bean seconded. Roll call vote: Councilmember Waite -- Yes, Councilmember Bean -- Yes, Councilmember Folsom - Abstained due to absence, Mayor Ard - Yes. The motion carried. PlanniD!!: and Zonin!! Commission Appointments: Mayor Ard recommended that Steve Crandall be appointed to replace Elaine McGary. And, to reappoint Doug Willden and Ron Folsom as they are involved in the Comprehensive Plan review. Planning and Zoning Chairman Hunsaker was informed that Mrs. McGary would like to continue to be involved in any committees that may be needed. Councilmember Bean motioned to appoint Steve Crandall to replace Elaine McGary and reappoint Doug Willden to the Planning and Zoning Commission. Councilmember Folsom seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Folsom - Yes, Councilmember Waite - Yes. The motion carried. Councilmember Bean motioned to reappoint Ron Folsom to the Planning and Zoning Commission. Councilmember Waite seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Waite - Yes, Councilmember Folsom - Abstained citing conflict of interest, Mayor Ard - Yes. The motion carried. Consent A!!enda: Councilmember Bean motioned to approve the Consent Agenda as presented. Councilmember Waite seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Waite - Yes, Councilmember Folsom -- Yes. The motion carried. Mayor Ard explained the Public Hearing process and asked those interested in testifying to stand. There was not anyone presented desiring to testify. Public Uearin!!- Ordinance No. 335. Bur!!iar Alarms: Notice of the Hearing was published in the Post Register on November 20 and November 27,2003. Councilmember Bean asked if the Council is comfortable not requiring permits for Burglar Alarms. Councilmember Folsom indicated she would be more concerned with maintaining current records City Council Minutes 12/04/2003 - 1 with a permitting process and, that current burglar alarm systems require that companies providing the services maintain those records in the course of providing their services. Councilmember Waite concurred. Mayor Ard closed the Public Hearing. Councilmember Folsom read Ordinance No. 335, AN ORDINANCE OF THE CITY OF AMMON, COUNTY OF BONNEVILLE, ST ATE OF IDAHO, DEFINING BURGLAR ALARM SYSTEMS AND DEFINING FALSE ALARM; PROVIDING FOR MISDEAMENORS FOR FALSE BURGLAR ALARMS; PROVIDING FOR ENFORCEMENT, AND PROVIDING FOR PENAL TIES; PROVIDING FOR AN EFFECTIVE DATE. by title and motioned to dispense with the rule requiring three readings of the Ordinance. Councilmember Waite seconded. Roll call vote: Councilmember Folsom- Yes, Councilmember Waite - Yes, Councilmember Bean - Yes. The motion carried. Councilmember Folsom read Ordinance No. 335, AN ORDINANCE OF THE CITY OF AMMON, COUNTY OF BONNEVILLE, STATE OF IDAHO, DEFINING BURGLAR ALARM SYSTEMS AND DEFINING FALSE ALARM; PROVIDING FOR MISDEAMENORS FOR FALSE BURGLAR ALARMS; PROVIDING FOR ENFORCEMENT, AND PROVIDING FOR PENALTIES; PROVIDING FOR AN EFFECTIVE DATE. by title and motioned to adopt Ordinance No. 335 on its third and final reading. Councilmember Waite seconded. Roll call vote: Councilmember Folsom - Yes, Councilmember Waite - Yes, Councilmember Bean - Yes. The motion carried. ACTION ITEMS: John Adams/Ammon Road Water Line Proiect - En2:ineerin2: Services ReQuest for Proposals and Selection Committee: City Administrator Bruce Rose reported that the Easements have not yet been received. It is anticipated that they will be returned with the necessary signatures within the next couple of weeks. The local owners signed the easements prior to them being forwarded to owners residing outside the area. Councilmember Bean motioned to authorize publishing the Request for Proposals for Engineering Services and appoint City Administrator Bruce Rose, Public Works Director David Wadsworth, City Engineer Bill Manwill and, City ClerklTreasurer Diane Gempler as the Engineering Services Selection Committee. Councilmember Waite seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Waite - Yes, Councilmember Folsom - Yes. The motion carried. Trailwood #4 1st Amended Plat and Site Plan: City Administrator Bruce Rose reported that the proposed amended plat and site plan have been reviewed previously by the Council. The developer has chosen to withdraw their request to amend the Trailwood #4 plat. And, presented slides of the location and zoning of the proposed site plan. The property is behind K-Mart along Chasewood Drive and is zoned CC- 1. Adjacent properties are also zoned CC-l. Planning and Zoning Chairman Tom Hunsaker reported that the Planning and Zoning Commission recommended denial of the amended plat at their December 2,2003, meeting as Ammon City Code 10-5- 10 requires that all lots must front a public street. The site plan was denied as it was based on being divided as in the amended plat. The Commission discussed whether the site plan would be approved under other platting and it was concurred that it would have been. Dean Mortimer, 7403 South 1 st East, Idaho Falls, addressed the Council stating that he is withdrawing his request for replatting. He is requesting approval of the site plan as approved by Planning and Zoning at their November 5, 2003, meeting. The current plat consists of three lots that abut Chasewood. Mr. Mortimer indicated that if the Council were to approve the site plan as presented the project could be completed and a future condominium plat recorded at a later date to facilitate sale of the buildings to individual owners. The Council discussed the request at length. Councilmember Folsom stated that she didn't feel comfortable approving the request when the Council had required Arave Construction to replat the neighboring lots to ensure that parking for each building was contained within the same lot as the corresponding building. Mr. Mortimer explained that when the condominium plat is prepared, an association with common maintenance agreements will be formed. Councilmember Bean motioned to approve the Trailwood #4 Site Plan. Councilmember Waite seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Waite - Yes, Councilmember Folsom - No, is uncomfortable with approving the site plan without further Planning and Zoning input. The motion carried. City Council Minutes 12/04/2003 - 2 Blatter Request for Rezone R-l to R2-A: City Administrator Bruce Rose reported that the Blatters have chosen to withdraw the request from the present agenda. Spilker - Request for Connection to Services Prior to Annexation: Larry Spilker, 5858 East 21 sl South, addressed the Council requesting he be allowed to connect to City services. Mr. Spilker has applied for annexation of the property into the City and a Public Hearing regarding the requested annexation has been set before the Planning and Zoning Commission at their January 6, 2003 meeting. Councilmember Folsom informed Mr. Spilker that if the Council approves his request he will be required to pay one and one-half the regular rates for services. Councilmember Folsom motioned to approve the request for connection to City services pending completion of the annexation process. Councilmember Bean seconded. Roll call vote: Councilmember Folsom - Yes, Councilmember Bean - Yes, Councilmember Waite - Yes. The motion carried. City Attorney Scott Hall asked Mr. Spilker if this approval would resolve the legal issue Mr. Spilker has raised against the City. Mr. Spilker stated it would not. The issue was discussed at length. Mr. Spilker indicated he would withdraw his action against the City in return for the City waiving service connection fees. Councilmember Folsom motioned to waive the water service connection fee and pay the sewer connection fee in return for Mr. Spilker waiving any past or future claims against the City for damages; the City is not accepting any responsibility for the problems Mr. Spilker has experienced with his well. Councilmember Waite seconded. Roll call vote: Folsom - Yes, Waite - Yes, Bean - Yes. The motion carried. HillCrest/Sandcreek School Crossin!!: Councilmember Bean stated that he was under the understanding that the temporary traffic stoppages would end once the School District installed the fence and the City marked the crosswalk. City Engineer Bill Manwill reported that the School District had not contacted him regarding training their crossing guard. He indicated that the fence and crosswalk appears to have mitigated the safety issue. Councilmember Folsom motioned to stop the temporary closures on Owen Street as the City has installed the crosswalk as agreed. Councilmember Bean seconded. Roll call vote: Councilmember Folsom - Yes, Councilmember Bean - Yes, Councilmember Waite - Yes. The motion carried. YMCA Soccer Complex: Councilmember Bean stated he asked for the Soccer Complex to be added to the agenda as the Council has yet to respond to the YMCA regarding their request for the City to participate in purchase of the Arena. Councilmember Folsom stated that she is in favor ofthe City participating as it would allow the City have additional control over the facility and, would enhance the community to retain the facility. Mike Burtenhausen? ofthe YMCA addressed the Council regarding participating in the purchase of the Soccer Complex. He stated that the YMCA is seeking approximately $200,000.00 to ensure purchase ofthe facility. The organization would appreciate any assistance the City could provide. The Council discussed the request at length. Mayor Ard suggested that the Council tour the facility before making a decision regarding participation. City Attorney Scott Hall asked what type of partnership is being proposed. Mr. Burtenhausen indicated that they are not in the business of purchasing property or commercial activity. However, they are open to any means of affecting a partnership with City regarding the property. Attorney Hall also asked if the YMCA has approached other governmental units, such as the City of Idaho Falls and Bonneville County, with the same request for participation. Mr. Burtenhausen indicated that they will consider requesting contribution from the other governmental entities. City Administrator Bruce Rose suggested that the Council consider surveying the citizens of Ammon with regard to the proposal because, if the Council chooses to participate, the citizens of Ammon would own a portion ofthe property. The Council requested that the YMCA provide copies ofthe appraisal they had completed on the project and the cash flow they have had with regard to the property prior to the December 11,2003, Work Session. City Council Minutes 12/04/2003 - 3 The request will be placed on December 11, 2003, Work Session Agenda. And, the Council will tour the facility at that time. Staff Holidav (12/26/2003): City Administrator Bruce Rose reported that the City Personnel Policy allows for one "floating" holiday to be determined by the Council on the day after Thanksgiving or the day after Christmas. City Staff worked on the Friday following Thanksgiving and would like Council approval to take the day after Christmas as a holiday. Councilmember Folsom motioned to authorize the staff to take the day after Christmas as a holiday. Councilmember Waite seconded. Roll call vote: Councilmember Folsom - Yes, Councilmember Waite - Yes, Councilmember Bean - Yes. The motion carried. Media Policy: Councilmember Bean presented the Council with a proposed media policy. The policy outlines the handling of inquires by the press regarding the City Council's views of issues presented. City Staff will respond to factual information requests. All other questions will be referred to the Mayor. The policy is not binding in as much as it is not intended to restrict free speech. The policy is proposed as a guideline for the Council and City Staff when contacted by the press. Councilmember Bean motioned to accept the media policy as drafted. Councilmember Waite seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Waite - Yes, Councilmember Folsom - Yes. The motion carried. City Administrator Bruce Rose stated that if the Council wishes to submit press releases to the paper he is willing to compose those releases as requested. Frequently, only a portion of the information provided within a press release is put in the newspaper. Miscellaneous Discussion: City Attorney Scott Hall addressed the Council regarding the E-Mail Newsletter Distribution List. Councilmember Anderson has published the E-Mailed Newsletter in the past. Attorney Hall is concerned that the list is not maintained in the City Office as any personal computer which the public information (the e-mail list) is on, is subject to seizure in the event of litigation. His concern includes the protection of any individual who holds that information, and the risk of litigation regarding public information being maintained outside of public domain. The Council discussed the issue of public records regulation as it pertains to e-mail. City Attorney Hall suggested that the City E-mail list be moved back to the City Office as a measure to protect Councilmember Anderson. Councilmember Bean recommended that Councilmember Anderson be requested to send the E-mail list to the City and remove the list from her personal computer. Mayor Ard reported that the draft ofthe Joint Powers Agreement for the Regional Sewer Project is approaching completion. Once the draft is completed he will forward it to City Attorney Hall for his review and subsequently the City Council for their comments. Councilmember Folsom stated that she feels the Steering Committee needs to market the plan to the general public to generate support prior to requesting public approval for the Regional Sewer. Mayor Ard indicated that the Committee is planning to publish a press release about the plan. And, that the individual entities will be encouraged to address the issue. City Administrator Bruce Rose reported actions taken by the Planning and Zoning Commission at their December 2, 2003 meeting. The Commission recommended approval of the Osterhaut request to rezone from RP-A to R-l, the revised Woodland Hills Preliminary Plat and, Centennial #15 Final Plat. The Commission discussed the change in the Council's January meeting schedule. They are agreeable with holding the appreciation dinner on January 27111. The Commission will not be canceling their February meeting. The Council briefly discussed whether there would be a quorum for the December 18th meeting. It will be held as scheduled. Councilmember Folsom inquired regarding the repair/replacement of the lift station lid on Taylorview. City Administrator Bruce Rose reported H&K has proposed a repair that should mitigate the noise problem. If their repair does not work as planned, the lift station lid will be replaced. Councilmember Folsom inquired regarding the camp trailer, which appeared to be being used as a residence in a back yard. City Administrator Bruce Rose reported that no action has been taken. City Council Minutes 12/04/2003 - 4 Councilrnember Bean and Waite voiced concerns regarding the traffic light on Curlew. The light appears to be out of sync. City Administrator Bruce Rose reported that Public Works Director David Wadsworth contacted BECO Construction prior to leaving on vacation to have the light repaired. City Engineer Bill Manwill will contact BECO to ensure that action is taken. Councilmember Bean motioned to adjourn. motion carried, meeting adjourned at 9:50 p.m. I in favor, . -""-' . ---, n / <-\ "')L(~' 0fJrlr)~ Diane B. Gempler, City Cler easurer City Council Minutes 12/04/2003 - 5