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Council Minutes 12/19/2002 CITY OF AMMON December 19, 2002 Minutes of the Regular Meeting of the Mayor and City Council: 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 Council member Karen Y. Anderson Councilmember W. Lee Bean Councilmember Randy G. Waite Attorney Brian Tucker Engineer Bill Manwill City Administrator Bruce Rose Chairman Tom Hunsaker, Planning and Zoning Commission City Clerk Aleen C. Jensen City Office Assistant Erika Price Absent: Attorney Scott Hall Council member Leslie Folsom Mayor Ard led the Pledge of Allegiance to the Flag and Council member Bean offered a prayer. The first item of business was the consent agenda which included licenses for 2003 as follows: (1). Permit for Sale of Safe and Sane Fireworks beginning at midnight on December 26, 2002, and ending at midnight on January 1, 2003, according to City Code 6-1-8 - Jared Jensen, Acme Discount Fireworks in Albertson's parking lot (2) Renewal of General Business License and Retail Sale of Beer by the bottle not to be consumed on the premise - a. Lennis Tirrell, Ammon Speedi Mart, 3490 East Sunnyside Road and b. Stephen T. Hendricks, Legends Convenience Store, 3480 East 1 ih Street (3) Renewal of General Business License and Retail Sale of Wine and Beer by the bottle not to be consumed on the premise - Albertson's Inc. for a. Albertson's Food Center #174, 1901 South 2500 East and b. Albertson's Fuel Center #174 (aka Albertson's Express) (4) Renewal of Home Occupation Permits - a. Todd F. and Terri D. Johnston, Gynastics, 3760 Georgia Lane; b. Cathy Baker, dba Ammon Cuts, 3705 Ross Avenue; and c. Stephanie Arguello, dba Kidd Hollow Daycare, 3505 Rich Lane City Council Meeting, December 19, 2002 - Page 2 (5) Renewal of General Business Licenses - a. Staples, 1999 South 25th East; b. Circuit City, 1915 South 25th East; c. Household Finance, 2011 South 25th East; and Sonic Drive-In, 2785 East 1 ih Street (6) New General Business License - Todd L. Reese, dba Spine Align Chiropractic Center, 1619 Curlew Drive Suite 9 Council member Bean moved to accept the consent agenda and approve the licenses for 2003 as outlined. Councilmember Anderson seconded the motion. Roll call vote: Bean - Yes; Anderson - Yes; Waite - Yes. The motion carried. Jared and Esther Allen, 3205 Carolyn Lane, requested a home occupation permit for carpet cleaning and maintenance plus the sale of bottled water to their regular clientele. Esther Allen explained their request. They have lived on Carolyn Lane for four years and operate a carpet cleaning and maintenance business from their home. They can meet the requirements of a home occupation permit. They do not have any employees, there is no traffic, and the work is performed off site at various business establishments. Jared, Esther, and their three children were poisoned with carbon monoxide. As a result of the poisoning, they are very susceptible to any type of impurities. Water was a problem, and they became involved in a water purification system for their personal benefit. Some of their contracts have an interest in their purified water. Aliens would like to be able to supply their contracts with bottled water. It was estimated they would use 400 to 1000 gallons of water per month to supply their contracts. City Administrator Bruce Rose reported that staff recommended approval of a home occupation permit for Allen's cleaning business, but staff recommended denial of a permit to sell purified water. The denial is based on non-compliance with C.C.10-7-8 (G) which states, "There shall be no use of utilities or community facilities beyond that reasonable to the use of the property for residential purposes." There is no way for the City to determine the usage without a meter. Residential water is not metered. If a meter is installed in a home, it becomes more than a home occupation. The City Council questioned the applicants and discussed the request. There was concern about liability to the City. Aliens have discussed liability with their insurance carrier, and liability is not considered to be a problem. Councilmember Bean stated the City pumps the water so the City stands at risk. Aliens are willing to keep records and to provide the City with all the records. Councilmember Waite asked. "Is it an electrical system that purifies the water? What powers it?" Jared Allen explained the details of the purification system. Council member Bean asked, "How do we monitor the usage?" Jared explained City Council Meeting, December 19, 2002 - Page 3 that they want everything on an up and up basis. They will report to the City regularly on how many gallons they sell. The purification system is in a garage separate from the house. The waterline runs from the house. It is not planned to advertise the sale of water. Plans are to supply only the maintenance contracts they have. There is no commercial label on the water. It is sold under Allen Carpet Cleaning and Maintenance. Councilmember Anderson suggested a one-year test period. Council member Anderson moved to approve the home occupation permit for Allen Carpet Cleaning, Maintenance, and Bottled Water with the stipulation that they can not use over 1000 gallons of water per month and that they let the City know at the annual renewal period how much water they used the previous year. Council member Waite seconded the motion. Roll call vote: Anderson - Yes; Waite - Yes; Bean - No. The motion carried. The Bonneville County Sheriffs Department issues and renews burglar alarm permits throughout the County on an annual basis. A question arose recently regarding the legality of the County issuing permits in the City of Ammon. The County has requested authorization from Ammon to continue their burglar alarm permit process. Council member Bean moved to approve Bonneville County to issue and renew burglar alarm permits within the City of Ammon and to authorize Mayor Ard to sign the authorization. Council member Anderson seconded the motion. Roll call vote: Bean - Yes; Anderson - Yes; Waite - Yes. The motion carried. City Administrator Bruce Rose reported on the status of the Quail Ridge well site property. The City has not received any documentation regarding the removal of the well lot from the protective covenants of Bit 0' Heaven. Also, no information has been received regarding an extended title policy or the lien waivers. Our attorney and the City Council members have not seen the document prepared by McDaniel's attorney to have the property owners sign to remove the protective covenants. George McDaniel brought a copy of the document to the meeting. He reported on the amended development agreement, lien waivers, and an extended title insurance policy. There was a discussion on what needs to be completed before the City is ready to accept the well property. There were concerns about whether the document, which was prepared to remove the protective covenants, addresses what the City wants. The document, as drawn, removes the protective covenants basically for a well and water distribution system. The intent of the City Council was to remove the City well lot completely from the protective covenants of Bit 0' Heaven. City Council Meeting, December 19, 2002 - Page 4 Ed Biddulph, 2560 South 60 East, presented background information on the five lots in the Bit 0' Heaven development. There are four owners and George McDaniel's well lot. When the well went in, it was understood it would just be a community well for Quail Ridge and would be turned into a grassy park. Nothing more was thought about it until George McDaniel requested removal of the protective covenants. Ed Biddulph's concern is water because all the surrounding property owners are on private wells. The City well is deeper than the private wells. He wonders what affect the well, as part of the City of Ammon system, will have on the private wells. He believes the property owners are entitled to know what to expect long term. It should not affect Biddulph as much as the two adjacent neighbors. He does not want to sign anything to put something in their backyards that the neighbors do not approve of. He wants an option to deepen his own well or to hook on to the city system if a water problem arises. He has not seen the agreement to remove the protective covenants, however, George McDaniel has talked to him about signing it. A discussion followed on well depths, deepening wells, annexation possibilities, taxes, protective covenants, amending the Quail Ridge development agreement, and the City's plans regarding the well. Council member Bean recommended a special work session. City Administrator Rose proposed to compile all the documentation for Attorney Scott Hall's review and recommendation. After Attorney Hall has completed his review of all the documentation, a work session of the City Council should be scheduled. Mayor Ard asked about the booster pumps and when the well would be completely operable. He understood the booster pump going up the hill is functional but the other one is not. George McDaniel explained about swapping pumps and well operations. The City is getting a big power bill to pump water to six or eight houses. The well operation problems are in the process of being solved. Bank of Commerce wanted to know when the City of Ammon planned to release the funds on the oversize for the water and sewer lines. Hillpoint Properties billed $76,694.16 for the oversize on the Quail Ridge Sewer and Water expansion. There is $3,824.97 due to the City of Ammon for power for the booster pump and for development costs of Hillpoint Properties and The Cottages. This leaves a balance due of $72,869.19 for the oversize. Councilmember Bean moved to authorize $72,869.19 to be disbursed to the developer of Hillpoint Properties jointly with the Bank of Commerce in payment in full for the oversize of the water and sewer lines as it relates to the lines running up to Quail Ridge and The Cottages. Councilmember Waite seconded the motion. Roll call vote: Bean - Yes; Waite - Yes; Anderson - Yes. The motion carried. City Council Meeting, December 19, 2002 - Page 5 Councilmember Bean asked Ed Biddulph: Knowing what you heard tonight, would you be willing to sign a document to release the well lot from protective covenants? Response: "Where I am coming from personally is that I would like to have water. If you affect my water supply, I'd like to have that negated. The other concern I have is for the people right next to the well. They are going to have a water tower, a fire station, whatever." To remove protective covenants in the residential area does not affect Biddulph because he is farther away, but he does not want to do something that has an adverse affect on the immediate neighbors. Brent Griffeth, 5910 East 215t Street, owns the property directly west of the well site. He has concerns about water and about the aesthetics. He does not want to be annexed. Mike Denning, 2202 South 60 East, owns the property directly south of the well. As far as water, he does not feel there is a problem with the well. He does have a problem with a big tower. He is not opposed if the City is willing to make the property look nice and to take care of it. His well is about two hundred feet from the City well. He does not want to be annexed. Ordinance No. 317 was introduced by title, AN ORDINANCE TO AMEND THE ZONING CLASSIFICATION AND THE ZONING MAP FOR CERTAIN LANDS LOCATED WITHIN THE CITY OF AMMON; PARTICULARLY DESCRIBING SAID LANDS AND DECLARING THE CLASSIFICATION OF ZONING FOR EACH SUCH PARCEL OF LAND; PROVIDING FOR AND EFFECTIVE DATE- QUAIL RIDGE ESTATES DIVISION NO.3. Councilmember Anderson read Ordinance No. 317 by title and moved that the City Council dispenses with the rule requiring the reading of the ordinance on three different days and that the three readings be waived. Councilmember Bean seconded the motion. Roll call vote: Anderson - Yes; Bean - Yes; Waite- Yes. The motion carried. Councilmember Anderson read the ordinance by title and moved the adoption of Ordinance No. 317 as an ordinance of the City of Ammon on its third and final reading. Councilmember Bean seconded the motion. Roll call vote: Anderson - Yes; Bean - Yes; Waite - Yes. The motion carried. Councilmember Bean presented information for the Council to think about concerning Council membership. When we have two or more Council members absent on our meeting night, we have to dispense with the Council meeting or hold the meeting and defer any action. Some cities have increased the number of Council members to eliminate such situations. He would like to not have to cancel a Council meeting because of lack of quorum. He wondered if there was City Council Meeting, December 19, 2002 - Page 6 any interest in increasing the number of Council members for the City of Ammon from four to six. "Any city may change to the greater or lesser number of councilmen after an election instituted by resolution of the councilor by petition as provided for initiative in sections 50-502 through 50-517, Idaho Code, such election to be held not less than sixty (60) days before any general city election." The general public would need to be sold on the idea. Mayor Ard thought the best reason to increase the Council was to eliminate lack of quorum. Councilmenber Anderson did not feel compelled to pursue the issue now. She would like to wait, to get public opinion, and to give the idea additional thought. Council member Waite said he did not think it was the time to pursue the idea. People are already thinking that we are bigger than we need to be. He is willing to look at it in the future. Councilmember Anderson moved to approve the minutes of City Council Meeting held December 5, 2002. Council member Waite seconded the motion. Roll call vote: Anderson - Yes; Waite - Yes; Bean - Yes. The motion carried. City Administrator Bruce Rose opened a discussion at the request of Council member Bean on City Code Title 1, Chapter 7, Appointive Officers. Originally, Bruce Rose thought it was important to change C.C. 1-7-1 "Appointment: The Mayor shall, with the consent of the Council, appoint a city clerk, treasurer, city attorney, and such other appointive officers" to include City Administrator. He has since decided that "such other appointive officers" covers the City Administrator position and it is not so important to adopt an ordinance to make the revision. Councilmember Bean stated City Administrator is an important position and it does not go under "other appointive officers." He believes the Council needs to go forward with adopting an ordinance. There was a discussion on whether City Administrator is a hired position or an appointive position. It was decided City Administrator is an appointive position because the job has been approached as a Council decision rather than a Mayor decision. It is in order to adopt an ordinance to make the change. The second issue in City Code Title 1, Chapter 7 concerns bonds for city officers. Presently the City Code specifies individual bonding. However, the City's insurance with the Idaho Counties Risk Management Program (ICRMP) includes blanket coverage for employees up to $500,000 and an individual bond is not necessary. City of Ammon is in compliance with the surety bond act, however, we do not have bonding through ICRMP. We have crime insurance. An ordinance needs to revise the wording under bonding to match I.C.Title 59, Chapter 8. Our Attorney agreed to prepare an ordinance to combine the proposed revisions regarding appointive officers and bonding for passage at the next meeting on January 2, 2003. City Council Meeting, December 19, 2002 - Page 7 Council member Anderson requested when an ordinance is prepared for passage that we follow the procedure to line out the words in the current ordinance and to add the new language in Italics. This form makes it easier to understand the changes. Reports: Mayor Ard and Engineer Manwill reported on the Regional Sewer Study Meeting. The final report should be complete in January. The next step concerns administration and organizing a governing board. Everyone is pretty much in favor that there should be a vote per entity with a joint-powers agreement. Also, the entities need to begin to look at proposals on the kind of treatment and the plant facilities. Mayor Ard and City Administrator Bruce Rose attended and Association of Idaho Cities Legislative Meeting in Boise. The Mayor did a presentation on terms of Planning and Zoning Commission members. He proposed to eliminate "No person shall serve more than two (2) full consecutive terms." It was approved, and it will be taken to the Legislature. Council member Anderson reported that the Bonneville County Sheriffs Department is requesting more office space in our Fire Station. It was agreed to give the request more thought. Council member Bean has had concerns about the removal of the protective covenants on the Bit 0' Heaven well lot. He invited Ed Biddulph to come to the meeting to express his feelings to the City Council. Ed is not interested in waiving the protective covenants in any way, shape, or form. The Council needs to come to a work session prepared to discuss what the City wants. Ed is not going to sign George McDaniel's waiver. The City does not want to take the property without having the covenants totally waived, and Ed is not going to go with a total waiver. Options were discussed. Engineer Manwill reported they have been quite successful with the School District regarding the storm drainage pond at Hillcrest High School. It appears it will come together. The pond will be enlarged so that it does not have to be so deep. We will have to sod it and put in a sprinkler system. Bonneville County is drafting the use agreement. Claims were approved. Council member Bean moved to adjourn the meeting and Councilmember Anderson seconded the motion. The meeting was adjourned. Mayor Attest: City Clerk CITY OF AMMON TREASURER'S QUARTERLY FINANCIAL REPORT 1ST QUARTER 2003 FISCAL YEAR ENDING DECEMBER 31,2002 10/01 TO 12/31/02 % BUDGET $1,981,300.00 GENERAL FUND 8EG.8a1.10/01/02 Receipts Expenditures: Personal Services Other Services Capital OuUay Total Expenditures * End.8al.12131/02 $1,967,969.11 FIRE DEPT.RES. $ 24,118.00 STREET & STREET RESERVE FUNDS 8eg.8a1.10/01/02 $1,801,071.54 Receipts Expenditures: Personal Services Other Services Total Expenditures End.8al.12131/02 $1,765,405.36 PROPRIETARY FUNDS 8eg.8a1.10101/02 $ 4,564,399.92 Receipts Expenditures: Personal Services Other Services Capital Outlay Total Expenditures End.8al.12131/02 $4,747,229.51 Citizens are invited to inspect the detailed supporting records of the financial statement. Aleen C. Jensen Published: January 31, 2003 Clerk-Treasurer $155,138.20 55,581.53 112,703.62 1,083.94 $169,369.09 0.00 24,064.00 11,601.66 $35,666.18 $467,969.93 46,424.67 136,142.48 102,573.19 $285,140.34 * Correct ending balance $1,967,069.11 12.50% 18.50% 12.80% 1.50% 13.50% 0.00% 25.80% 0.60% 1.80% 10.60% 19.40% 4.00% 13.90% 6.50%