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02212013CouncilMinutes CITY OF AMMON CITY COUNCIL MINUTES THURSDAY, FEBRUARY 21, 2013 AGENDA: CITY OF AMMON 2135 SOUTH AMMON ROAD CITY COUNCIL - AGENDA THURSDAY, FEBRUARY 21, 2013 – 7:00 P.M. CALL TO ORDER: Mayor Steven Fuhriman at 7:00 p.m. Pledge of Allegiance – Councilmember Christensen Prayer – Councilmember Powell MINUTES: January 17, 2013, February 7, 2013 ITEMS FROM MAYOR: CONSENT AGENDA: Accounts Payable – Exhibit A PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA: (5 Minute Limitation) PUBLIC HEARINGS: None ACTION ITEMS: 1.Rezone Request – RP to RE – Property north of Sunnyside, east of Quail Ridge 2.Preliminary Plat Request – Mountain Bend Estates – North of Sunnyside, east of Quail Ridge DISCUSSION ITEMS: 1.Vagrancy Discussion - Bonneville County Sherriff 2.Misc. EXECUTIVE SESSION: 1.Personnel Evaluations - Idaho Code 67-2345 (1-b) 2.Real Property Acquisitions - Idaho Code 67-2345 (1-c) 3.Pending Litigation - Idaho Code 67-2345 (1-f) MINUTES City Officials Present: Mayor Steve Fuhriman Councilmember Dana Kirkham (arrived at 7:40 p.m.) Councilmember Rex Thompson Councilmember Brian Powell Councilmember Sean Coletti Councilmember Russell Slack Councilmember Brad Christensen (arrived at 7:38 p.m.) City Attorney Scott Hall City Clerk/Administrator/Planning Director Ron Folsom Deputy City Clerk Rachael Brown City Engineer Lance Bates Public Works Director Ray Ellis City Officials Absent: City Treasurer Jennifer Belfield CALL TO ORDER: Mayor Steven Fuhriman opened the meeting at 7:00 p.m. at the City Hall Building located at 2135 South Ammon Road. Boy Scout Jackson Cutler led the Pledge of Allegiance. Councilmember Powell offered a prayer. 15 City Council Minutes 02.21.2013 Page of MINUTES: January 17, 2013: Councilmember Slack moved to approve the minutes, as presented. Councilmember Thompson seconded. Roll Call Vote: Councilmember Slack – Yes, Councilmember Thompson – Yes, Councilmember Coletti – Yes, and Councilmember Powell – Abstain (absent). The motion passed. February 7, 2013: Councilmember Powell moved to approve the minutes, as presented. Councilmember Slack seconded. Roll Call Vote: Councilmember Powell – Yes, Councilmember Slack – Yes, Councilmember Thompson – Abstain (absent), and Councilmember Coletti – Yes. The motion passed. ITEMS FROM MAYOR: None CONSENT AGENDA: Accounts Payable – Exhibit A: Councilmember Powell moved to approve the Accounts Payable – Exhibit A, as presented. Councilmember Slack seconded. Roll Call Vote: Councilmember Powell – Yes, Councilmember Slack – Yes, Councilmember Thompson – Yes, and Councilmember Coletti – Yes. The motion passed. PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA: (5 Minute Limitation): None PUBLIC HEARINGS: None ACTION ITEMS: 1. Rezone Request – RP to RE – Property north of Sunnyside, east of Quail Ridge: Ron explained where the property is located and why the rezone is being requested. The Planning and Zoning Commission has recommended approval.Ron explained they want the zone so they can have livestock. Councilmember Kirkham said if they were asking for the rezone only and not asking for a well and septic. She said she does not have a problem with the rezone, but does not know what they will be doing with the sewer. The rezone does not guarantee development. Councilmember Thompson asked what other RE zoned property is in the City. Ron said Cottonwood Hills is zoned RE, and a small part of Hitt Road that will not stay zoned RE. Discussion ensued regarding the zoning in the proposed area, and the surrounding area that is not in the City. Scott Hall explained the history of the zone and the animal overlay. Councilmember Slack moved to approve Rezone Request – RP to RE – Property north of Sunnyside, east of Quail Ridge, as presented. Councilmember Christensen seconded. Roll Call Vote: Councilmember Slack – Yes, Councilmember Christensen – Yes, Councilmember Thompson – Yes, Councilmember Kirkham – Yes, Councilmember Powell – Yes, and Councilmember Coletti – Yes. The motion passed. 2. Preliminary Plat Request – Mountain Bend Estates – North of Sunnyside, east of Quail Ridge: Ron explained where the property is located. The proposed plat has nine plus acres for each lot. Each lot on the east side of the internal road would be required to have a storage retention area to handle the water from the roadway. On the West side of the road the natural run off would still be able to run into the ravine. Councilmember Slack about the elevation difference of the topographical lines. Lance said each line represented ten feet. Councilmember Kirkham said there are problems with the sewer, and a problem with the run off. The City will no longer allow swales; this is not a swale system, but it is like a swale system. Councilmember Powell asked if it would affect the flood plain. Discussion ensued regarding possible issues with the flood plain. Lance said this area makes sense because the lots are so large. Councilmember Kirkham said she feels uncomfortable because when we get in a situation where the Council starts to make a lot of exceptions, it has not worked out very well historically. She can see the area has already been allowed to be annexed into the City, and is not sure what do you do with it. The reality is they can’t get sewer to the property, because the City is not going to bear the expense for lift stations nor is the developer going to bear that expense. Councilmember Christensen asked what the reason was for not de-annexing and allowing the area go back to the county. Ron said the adjacent property owners were very adamant that they wanted accessibility to be annexed into the City, and the Planning and Zoning Commission agreed. It is up to the City to de-annex if they want to. We need to decide at what point we say the economic scale of providing service to the area does not benefit the City. Councilmember Powell asked what benefit the property owner gets of being in the City, other than receiving sanitation service. Brad Picket, 4980 Chimney Rock commented that the property owner would prefer to be de-annexed, because when you look at the layout of the land it doesn’t make sense to develop it in half acre lots. It definitely would be easier to develop in the County. Discussion ensued regarding whether the surrounding property can have sewer. Tom Hunsaker, 2135 South Ammon said going back to the de-annexation request, one of the questions was why do we annex so far away, and the answer was who controls it; if it’s in the County they control it, and if it’s in the City of Ammon we control it, and that was very important. One of the answers was keeping the aquifer clean. Tom said it only becomes economically feasible if you have half acre or smaller lots to have central sewer and central water. The criteria that Eastern Idaho Public Health Department has been using today is not the one they want to use. There are eight counties that have come together; with one County Commissioner of 25 City Council Minutes 02.21.2013 Page of each county being a member of the board of EIPH (Eastern Idaho Public Health). Back when they were still District Seven, they presented something to their governing board saying they would like to have two and half acres minimum before we can keep what septic systems don’t filter out on the property and not affect other people. The eight counties said they wanted to retain that control themselves which means EIPH defaults to the State standards. Tom said that in Comora Loma, which has two acre lots, the system works perfectly because as the water is percolating down from the septic system ground pressure gets to where it is no longer going down anymore, because the ground pressure won’t allow it to go any deeper. Councilmember Slack said he would say no to the plat because the City should find a way to sewer it, and with so few lots it’s not economically feasible. Councilmember Coletti said he thinks it (individual septic systems and wells) is the wrong direction for the City, and doesn’t feel the Council should take even one step in that direction; to suggest that that might be a possibility sets a bad precedent. Councilmember Kirkham said she feels the Council would be repeating mistakes from the past, and that greed would be the only reason for us to have any interest in this property. Lance said if the developer went to the County, the County would allow them up to three accesses off of Sunnyside Road, and he wouldn’t allow three accesses off of Sunnyside with three or four hundred foot driveways. Discussion ensued. Lance explained that even if the Council allowed smaller one acre lots, there would need to be at least one lift station and another water tank. There would be a maintenance issue with both the water and sewer. Councilmember Slack moved to deny the Preliminary Plat Request – Mountain Bend Estates – North of Sunnyside, east of Quail Ridge. Councilmember Coletti seconded. Roll Call Vote: Councilmember Slack – Yes, Councilmember Coletti – Yes, Councilmember Powell – Yes, Councilmember Kirkham – Yes, Councilmember Thompson – Yes, and Councilmember Christensen – Yes. The motion passed. DISCUSSION ITEMS: 1. Vagrancy Discussion - Bonneville County Sherriff: Councilmember Powell explained that he has asked the Sherriff’s Department to explain to the Council why the Department felt a vagrancy ordinance was needed in the City of Ammon. Sergeant Jason Sorensen said he would like to review the City vagrancy ordinance to assist the department in doing their job. Jason used the City of Boise ordinance as an example, because the ordinances have been challenged and the city has been able to stand behind them and enforce them. Aggressive panhandling and obstructing the streets has been observed of Panhandlers on the corners of the street asking for money. It becomes aggressive if they go into the roadway, intimidate others, or harass people to make them feel compelled to give them money. Councilmember Thompson asked if it was okay for panhandlers to stand on the corner as long as they don’t walk out into the street to knock on car windows to ask for something. Jason said as soon as they step out into the street they are starting to obstruct the flow of traffic. Councilmember Powell asked if it is still considered aggressive if the panhandler steps into the street to get money from someone on the inside lane. Jason said yes it could be, because they are stepping out into the roadway. There is potential that they will get hit by a car, or someone will slam on their brakes to give money and cause an accident. It is a bad thing for us to have. Councilmember Slack asked about the Fire Department Fill the Boot Campaign. Jason said that is where some exceptions would come in, and a permit would be issued to do something like that. Jason said another issue is camping. The City of Boise has an ordinance about camping, and a similar ordinance in the City of Ammon would help the Sheriff’s Department out. Councilmember Thompson asked if the ordinance stated there is no camping allowed in the City limits except at a campground. Jason said yes, but permits could be issued if say, the Boy Scouts wanted to have a campout; they could get approval and a permit from the City. The camping ordinance would help with areas such as the canal banks. The canal company has assisted by removing several of the trees and willows by the canal near Wal-Mart. There are people camping underneath bridges and currently without an ordinance, there is nothing the Sheriff’s Department can do except to talk to them, and tell them to move along. Scott Hall asked if a person stays on the sidewalk and someone gets out of their car and walks over to them to give money, since that would create the same obstruction in traffic, how they would deal with that. Jason said that would fall back on the driver vehicle codes and impeding traffic. Discussion ensued regarding different examples of traffic versus panhandling issues. Jason explained to the Council the items they would like addressed in an ordinance. Jason would like to see aggressive panhandling addressed. Lieutenant Kevin Casper explained going back to 2007 and 2008, panhandling started to pick up along the City’s business corridor from Target to Wal-Mart, and following the Sandcreek/Progressive Irrigation District, they were camping in the heavy willow and tree areas. In 2007 there were two stabbing incidents along the canal banks. The individuals had vagrancy issues and were territorial. There are two levels of panhandling; the first consists of individuals who are destitute, down on their luck and need cash, and the other consists of panhandlers operating on a quasi-professional level. These individuals do this strategically, and travel south to work areas of southern Utah and northern Arizona in the winter, and then travel back here in the summer. We have a fairly giving community, and some of the panhandlers may make several hundred dollars in an afternoon in a Wal-Mart parking lot on a Saturday or Sunday. That process lends itself to the next step; in the evenings at their camps, they are engaging in the disturbances, alcohol abuse, substance abuse, and the associated problems with this behavior. Kevin said in order for the ordinance to have some teeth for the sheriff’s department, it needs to address the aggressive-level behavioral characteristics of the panhandlers. One of these behaviors is aggressively approaching people, who have just used the ATM’s at the banks. Both on the City of Ammon side and the Idaho Falls 35 City Council Minutes 02.21.2013 Page of side they will approach people as they are leaving the ATM and use posturing to reflect intimidation. It is hard to prove felony level criminal or robbery style processes there. Kevin explained that a young person between the ages of 16-20 that just withdrew money from the ATM feels afraid when the panhandler approaches them and uses intimidation to obtain money. That is a behavior where the Sheriff’s Department would like the ordinance to have some teeth. Another issue is when the panhandlers walk through the parking lots, while an individual is getting in or out of his or her car the panhandler will grab the door handle and say I am destitute, I need twenty dollars. People have told Kevin and Jason they handed them fifty dollars because they were intimidated by the tactic. From a criminal stand point that does not do much for a robbery charge when they ask and the person complies, but it certainly carries the tones of this aggressive-level panhandling. Kevin said from the sheriff’s department perspective, they would like to see an ordinance that addresses aggressive panhandling, those individuals that are approaching people, obstructing traffic, causing problems for businesses, and a camping ordinance. Councilmember Powell asked if there have been complaints from business owners. Kevin said yes, they have had complaints from Albertson’s and Chase Bank. Councilmember Powell asked how the Sheriff’s Department handles the situation right now. Kevin said if they are not obstructing the sidewalk, or traffic the officers talk to them and ask them how long they plan on being there, and if they have somewhere to go. They have specific blocks they work and cannot be kicked off because they are not doing anything wrong. Discussion ensued regarding aggressive panhandling and trespassing. Kevin said the Sheriff’s Department is interested in putting together a Public Ad Campaign to avoid cash handouts. The campaign would encourage the public to contribute to appropriate charities, food banks, churches, etc., but avoid the incentive of cash handouts. Councilmember Powell said he does not think the community is aware of the resources available to take care of people that are destitute. Kevin said some of the individuals have been kicked out of different shelters because of alcohol or substance abuse, or because they have caused a disturbance. Scott asked Kevin to get the cases to him. Scott said one concern he has is that Hitt Road is part of Ammon and part of Idaho Falls. Scott asked if Idaho Falls is doing anything with regard to this issue. Kevin said they have a vagrancy ordinance, and follow the State Code. They are willing to work with them. The department would like to have consistent language between the two cities’ ordinances. Discussed ensued about working with the City of Idaho Falls to adopt the same language for vagrancy ordinance. 2. Misc.: Councilmember Kirkham explained that there was not a sewer meeting today, because the meeting wasn’t posted in time. The meeting is rescheduled for next week. Councilmember Kirkham said she spoke with Ted Hendricks, and the Council can go ahead and close the sewer bond. The only item left is painting, and Knife River said that cost would be around $3,000. Lance said there were two different options; we can withdraw from the contract, or they can issue a change order and deduct $3,000 and determine who is going to paint. Councilmember Kirkham said that in 2009 the City had a water meter study prepared by Keller & Associates. She sent the information to Ray Ellis for his review. She would like the water meter study to be on the agenda for the March Work Session. Discussion ensured regarding the water meter study. Councilmember Kirkham and Councilmember Powell met with Riverbend Communications about perhaps having them run Ammon Days. Riverbend Communications would go out and get the sponsorships, they would put the event together, and they would do the advertising. Councilmember Kirkham explained it would cost the City $3,000 to put the event on, plus $4,000 to $5,000 for the advertising, and $2,500 for the entertainment. Councilmember Powell said they have access to a lot of potential sponsors, and his concern is the sponsors don’t feel they are getting the value. Discussion ensued. Councilmember Powell said he spoke with Ray about using our Sensus meter reading system off the tower; right now the system has the ability to read all of the City of Ammon, all of Falls Water, and most of Idaho Falls. Councilmember Powell has had conversation with Brent at Falls Water about the ability to log in and see their meter readings in real time, and asked if Falls Water would be interested in paying the City of Ammon to utilize the system. Brent said he was interested in doing that. Councilmember Coletti said the City has a professional advertising, public relations piece for the City of Ammon that can be placed on a YouTube video and it is done now and we just need to implement it. EXECUTIVE SESSION: 1. Personnel Evaluations - Idaho Code 67-2345 (1-b) 2. Real Property Acquisitions - Idaho Code 67-2345 (1-c) 3. Pending Litigation - Idaho Code 67-2345 (1-f) Councilmember Kirkham moved to adjourn into executive session pursuant to Idaho Code 67-2345 (1- b, f & c). Councilmember Powell seconded. Roll Call Vote: Councilmember Kirkham – Yes, Councilmember Powell – Yes, Councilmember 45 City Council Minutes 02.21.2013 Page of Coletti – Yes, Councilmember Thompson – Yes, Councilmember Slack – Yes, and Councilmember Christensen – Yes. The motion passed. The meeting adjourned at 8:42 p.m. _________________________________________________ Steve Fuhriman, Mayor __________________________________________________ Ron Folsom, City Clerk 55 City Council Minutes 02.21.2013 Page of