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02012007CouncilMinutesCITY OF AMMON CITY COUNCIL MINUTES THURSDAY, FEBRUARY 1, 2007 AGENDA: CITY OF AMMON 2135 SOUTH AMMON ROAD CITY COUNCIL AMENDED AGENDA THURSDAY, February 1, 2007 CALL TO ORDER: Mayor Bruce Ard at 7:30 p.m. A.Pledge of Allegiance – Councilmember Thompson B.Prayer – Councilmember Kirkham MINUTES: January 4, 2007 ITEMS FROM MAYOR: Appointments: Leslie Folsom – City Clerk Lisa Jones – City Treasurer CONSENT AGENDA: Attached PUBLIC HEARINGS: 1. City Code Fees Titles 1 through 6 & Resolutions 2007-001, 2007-002 and 2007-003 PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA: ACTION ITEMS: 1.Preliminary Plat Cortland Ridge Phase II 2. Acceptance of Suitter Family / White Pines Park Property 3. Annexation Agreement and Ordinance #425 – Maverik Store 4. Ordinance #423 correcting Ordinance #413 – Hawks Landing Annexation 5. Ordinance #424 and Summary – City Code Changes Titles 1 through 6 DISCUSSION ITEMS: 1. Misc. MINUTES 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: City Officials Present: Mayor Bruce Ard Councilmember Lee Bean Councilmember Dana Kirkham Councilmember Rex Thompson Councilmember Randy Waite City Planning Director Ron Folsom City Engineer Bill Manwill City Administrator Bruce Rose City Attorney Scott Hall City Clerk Leslie Folsom City Officials Absent: None Councilmember Thompson led the Pledge of Allegiance to the Flag and Councilmember Kirkham offered the prayer. MINUTES January 4, 2007: City Engineer Bill Manwill mentioned on page 6, Item 4 - last line in first th paragraph should read “ the water line and the culvert”. Councilmember Bean motioned to approve the January 4 minutes with the recommended change. Councilmember Waite seconded. Roll call vote: Councilmember Bean – City Council Minutes 2/1/2007 -- 1 Yes, Councilmember Waite – Yes, Councilmember Thompson – Yes, and Councilmember Kirkham abstained – due th to absence at the January 4 meeting. The motion passed. ITEMS FROM MAYOR: Mayor Ard recommended appointing Leslie Folsom to City Clerk and Lisa Jones to City Treasurer. Councilmember Bean motioned to appoint Leslie Folsom to City Clerk and Lisa Jones to City Treasurer. Councilmember Kirkham seconded. Roll call vote: Councilmember Bean – Yes, Councilmember Kirkham – Yes, Councilmember Thompson – Yes, and Councilmember Waite – Yes. The motion passed. CONSENT AGENDA: CITY OF AMMON ADMENDED CONSENT AGENDA Thursday February 1, 2007 License applications are pending in the City Office for the following: GENERAL BUSINESS LICENSE 2007: 1.NEWGENERAL BUSINESS LICENSE APPLICATION: A. PharmEase LLC. – Pharmacy - 1790 Sabin Drive 2.RENEWALBUSINESS LICENSE APPLICATION: th, A.Alyce Clegg Photography-3160 E. 17Ste. 130 B.The Children’s Center – Mental Health Counseling - 1675 Curlew th C.Target Store – Retail - 2171 S. 25 E. HOME OCCUPATION PERMITS 2007: 1.NEW HOME OCCUPATION PERMITS: A. Frontier Drive B. Michael Summers – Blue Bug Media (Web Design) – 2186 Frontier Drive 2.RENEWAL HOME OCCUPATION PERMITS: A.Debbie Denning , 3000 Teton St.- Daycare B.Roxanna Adamson – Roxy’s Hair Design – 2901 Brettonwood C.Darren Mazza – Perfect Fly – 5261 Tildy Ln. D.Aaron Sanders – Open Source Systems (Field PC Tech Support) – 2835 Salmon St. E.Carol Sanders – Finikitty Soap Co. (Bookkeeping & Web Mgmt) – 2835 Salmon St. F.Julie Hunsaker – Finikitty Soap Co. (Mfr Soaps and Lotions) – 2925 Carolyn Ln. G.Maegan Whitman – Domestic Solutions Cleaning – 789 Barnwood Drive LIQUOR/BEER/WINE WITH GENERAL BUSINESS LICENSE 2007: 2.RENEWAL LIQUOR/BEER/WINE WITH GENERAL BUSINESS LICENSE: A.Scott Anderson – Bartenders License Leslie Folsom mentioned Scott Anderson’s bartender’s license that the council suggested she look up the 2003 charge. Leslie Folsom stated the police cannot find a record from 2003. The police explained this sometimes happens when a charge is dropped before it goes to court. Leslie went to the written files of the latest charge. It was a domestic dispute between his wife and him; the wife has dropped the strangulation charge and is trying to get the rest of it dropped. Leslie Folsom stated there is one small problem because our ordinance states that the person shall not have been convicted or paid any fine or been placed on probation or completed any sentence for a felony within five years. Leslie Folsom inquired to City Attorney Scott Hall if this was still considered a felony. Councilmember Bean mentioned Item #5 where he is enrolled in alcohol education classes. Councilmember Bean stated he has a hard time with issuing a bartender’s license to someone who has alcohol problems. Leslie Folsom mentioned that only the felony is covered in our ordinance. Councilmember Bean asked if he is serving alcohol at this time. Leslie Folsom stated we give a temporary license until they are approved. Leslie Folsom asked City Attorney Scott Hall to call and find out more. Councilmember Bean motioned to approve the amended consent agenda for February 1, 2007 withholding the approval of Scott Anderson’s bartender license. Councilmember Kirkham seconded. Roll call vote: Councilmember Bean- Yes, Councilmember Kirkham – Yes, Councilmember Waite – Yes, and Councilmember Thompson – Yes. The motion passed. PUBLIC HEARINGS: City Council Minutes 2/1/2007 -- 2 1. City Code Fees Titles 1 through 6 & Resolutions 2007-001, 2007-002 and 2007-003: Planning Director Ron Folsom explained these are basically clean up and reorganize the resolutions for utilities, bill payment and permits and licensing. Ron Folsom stated there was a water fee on the business licensing section. There was also a building permit fee for non-owner multiple family dwellings for $50 per year in addition to regular building fee that was put on the utility fees, so it wasn’t on the building permit. Those are the changes for 002 and 003. On the licensing resolution, there was an increase in the fee for animal impoundment, from $10 per day to $22. The cell tower $250 charge and antenna charge was never put in a resolution. We thought we should have a commercial kennel license, it says $100, for now. Idaho Falls charges $50, so we need to decide what we want to charge. Leslie Folsom stated we got rid of bars, because we either do liquor, beer or wine as part of food service not individual bars. She also stated we got rid of the investigation fees because there is really only one we need to charge. The cell tower one we found it the minutes, we just didn’t find a resolution for it. It was reorganized for the staff to read it easier. Ron Folsom stated we also added a resolution to give us the authority to charge late fees on accounts. Leslie Folsom said it is listed on the statements, which is legal enough per Scott Hall but he wanted us to have a resolution to back it up. Leslie Folsom also combined the NSF charges. Leslie Folsom stated she needed clarification on one item. On page two under single family attached detached, water parcels over one acre $18 per month – additional for each one half acre a parcel. She had a constituent call her today and say she doesn’t water it with our water – she uses irrigation water. Our ordinance doesn’t give us the option to bill or not to bill. Leslie Folsom asked council for clarification on that. She believes there will only be about 10 homes it will affect. thth Jim Southwick, 3968 E. 17 Street, stated there are currently seven of us near the railroad tracks off 17 Street that have over an acre and we all flood irrigate. We pay the irrigation district a fee of about $10 a month. The only thing we sprinkle is our front lawns. He thinks there should be some consideration. Leslie Folsom stated it would be hard to make exceptions from the administrative side of it. Tom Hunsaker recommended that we get a report from the water master. Leslie Folsom stated that would be a lot more work. Councilmember Kirkham stated we either have the resolution or we don’t. Leslie Folsom stated we should look at the different zones to make up for the fee. Councilmember Kirkham agreed that we should look at the zones and how we are charging. Councilmember Kirkham suggested we table 002 and go ahead and move forward with 001 and 003. Ron Folsom suggested we could still approve 002, and still be working on it. Councilmember Kirkham motioned to approve the City Code Fees Titles 1 through 6 & Resolutions 2007- 001, 2007-002 and 2007-003. Councilmember Thompson seconded. Roll call vote: Councilmember Kirkham – Yes, Councilmember Thompson – Yes, Councilmember Waite – Yes, and Councilmember Bean – Yes. The motion passed. PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA: Rod Harris, 3585 Ross, stated an issue on Peterson Park with the baseball field. There is a gentleman who lives behind the field and has a lawyer because of foul balls coming in his yard. Mr. Harris heard the City would be banning little league baseball at this field because of this and wants to know why. City Attorney Scott Hall advised Council not to make any comments on the issue because of pending litigation. He suggested they could take public comment, but do not comment themselves. Steve Hall, 2650 Ross Avenue, stated he is representing Kevin Davis who is the homeowner in question. He stated they are not intending any litigation. There were issues with breakage of some panels and siding that has been resolved to their satisfaction. He believes it was covered by the WBBA’s insurance. Kevin Davis, 3140 Ross, stated the balls come over their fence in the backyard. He has a big dog and when people climb the fence it causes problems. They tramp through their herbs, etc. The balls do hit the house and he has two pieces of broken siding. He doesn’t want people to not play ball there. He just wants to see a better solution. Councilmember Kirkham suggested all parties involved come to the work session. Scott Hall stated the real problem lies with the WBBA. He believes they need purse strings to help pay for this and have someone come to the meeting. Councilmember Bean suggested we go to Executive session to further discuss this. Linda Swenson, League secretary/treasure, 210 Tyra Drive, stated there are seven leagues in the area with the WBBA. The Ammon league is run by Katie Judy. Ms. Swenson suggested on behalf of the WBBA that they could buy the supplies needed for the backstop and in a cooperative effort, the City of Ammon could pay for the manpower. The land is not owned by the WBBA. The WBBA cannot condone use on that field until the matter is resolved. She spoke to Bruce Rose about this and his suggestion was for them to play at a different field. This was unacceptable to the coaches. She stated Mr. Harris is a coach. It was suggested we continue this at the work session. Rod Harris, spoke again and stated the City owns the park and it is their job to maintain the field. ACTION ITEMS : City Council Minutes 2/1/2007 -- 3 1. Preliminary Plat Cortland Ridge Phase II: Planning Director Ron Folsom explained this was property that was tabled a couple of meetings ago due to a concern about the storm water. They have a resolution now and the preliminary plat. Brent Johnson, 3539 Briarcreek Lane, stated they designed it to come down Township and dig the channel deeper for a retention pond. They have sized it to hold all the water all the water for this division and for a future subdivision on the north side of Township. It will be twice the size it needs to be for several years. Cortland 1,2,3,4,5 and 6 will all drain down to it. Councilmember Bean asked if they owned anything south of that. Mr. Johnson stated he owns and lives their currently. Councilmember Bean asked if the pond has been constructed yet. Mr. Johnson stated it will be done this spring. Ron Folsom stated they are holding two lots in the meantime. Councilmember Bean motioned to approve the Preliminary Plat Cortland Ridge Phase II. Councilmember Waite seconded. Roll call vote: Councilmember Bean – Yes, Councilmember Waite – yes, Councilmember Thompson – Yes and Councilmember Kirkham – Yes. The motion passed. 2. Acceptance of Suitter Family / White Pines Park Property: Councilmember Bean motioned that we table the acceptance of Suitter Family / White Pines Park Property until they can convey clear title to us. Councilmember Kirkham seconded. Roll call vote: Councilmember Bean – Yes, Councilmember Kirkham – Yes, Councilmember Thompson – Yes, and Councilmember Waite – Yes. The motion passed. 3. Annexation Agreement and Ordinance #425 – Maverick Store: Councilmember Bean read Ordinance #425, AN ORDINANCE ANNEXING AND REZONING CERTAIN LANDS TO THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO; DESCRIBING WITH PARTICULARITY SAID LANDS TO BE ANNEXED AND REZONED AND HEREBY ANNEXED AND REZONED 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 by title and motioned that the City Council dispense with the rule requiring the SAID LANDS. (Maverick Stores, Inc., D1) reading of the ordinance on three different days and that the three readings be waived. Councilmember Kirkham seconded. Roll call vote: Councilmember Bean – Yes, Councilmember Kirkham – Yes, Councilmember Thompson – Yes, and Councilmember Waite – Yes. The motion passed. Councilmember Bean read Ordinance #425, AN ORDINANCE ANNEXING AND REZONING CERTAIN LANDS TO THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO; DESCRIBING WITH PARTICULARITY SAID LANDS TO BE ANNEXED AND REZONED AND HEREBY ANNEXED AND REZONED 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 by title and motioned to adopt THIS ORDINANCE AND OF THE ANNEXATION OF SAID LANDS. (Maverick Stores, Inc., D1) Ordinance #425 as an ordinance of the City of Ammon on this third and final reading. Councilmember Kirkham seconded. Roll call vote: Councilmember Bean – Yes, Councilmember Kirkham – Yes, Councilmember Thompson – Yes, and Councilmember Waite – Yes. The motion passed. Planning Director Ron Folsom stated on the annexation agreement there may be some issues and there may be a request for some changes. Councilmember Bean stated one issue was the power line and how we will widen the road to 5 lanes. Scott Hall is concerned about not having an annexation agreement when we have an ordinance adopted. He recommended accepting the agreement and then modify it. Councilmember Kirkham motioned to approve the annexation agreement for Maverick Stores. Councilmember Bean seconded. Roll call vote: Councilmember Kirkham = Yes, Councilmember Bean = Yes, Councilmember Waite – Yes, and Councilmember Thompson – Yes. The motion passed. 4. Ordinance #423 correcting Ordinance #413 – Hawks Landing Annexation: Planning Director Ron Folsom explained there was an error in the legal description. There were two errors and this fixes them. It was advertised correctly. Leslie Folsom stated the spelling “Hawks” needs to be corrected. Councilmember Thompson read Ordinance #423, AN ORDINANCE CORRECTING ORDINANCE 413, 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 by title and motioned that the City Council dispense with the rule requiring the reading SAID LANDS. (Hawks Landing) of the ordinance on three different days and that the three readings be waived. Councilmember Waite seconded. Roll call vote: Councilmember Thompson – Yes, Councilmember Waite – Yes, Councilmember Bean – Yes, and Councilmember Kirkham – Yes. The motion passed. Councilmember Thompson read Ordinance #423, AN ORDINANCE CORRECTING ORDINANCE 413, 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 by title and motioned to adopt Ordinance THIS ORDINANCE AND OF THE ANNEXATION OF SAID LANDS. (Hawks Landing) City Council Minutes 2/1/2007 -- 4 #423 as an ordinance of the City of Ammon on this third and final reading. Councilmember Waite seconded. Roll call vote: Councilmember Thompson – Yes, Councilmember Waite – Yes, Councilmember Bean – Yes, and Councilmember Kirkham – Yes. The motion passed. 5. Ordinance #424 and Summary – City Code Changes Titles 1 through 6: Planning Director Ron Folsom explained the Ordinance and Summary. Councilmember Waite read Ordinance #424 and Summary, AN ORDINANCE OF THE CITY OF AMMON, OF THE STATE OF IDAHO, AMENDING TITLES 1 THROUGH 6 OF THE CITY CODE OF AMMON, IDAHO, ADOPTING A TITLE FOR THE CITY CODE OF AMMON, PROVIDING FOR INSURANCE/BONDING REQUIREMENTS FOR CITY OFFICES AND EMPLOYEES, AUTHORITY TO ADOPT CORPORATE SEAL, OFFICIAL CITY MAP, CHANGES REFERENCE TO UNIFORM FIRE CODES TO INTERNATIONAL FIRE CODES, FEES TO BE ADOPTED BY RESOLUTION, EXPIRATION DATES OF LICENSES, PROVIDES FOR BACKGROUND AND INVESTIGATION; REPEALING BOND REQUIREMENT FOR ITINERANT MERCHANTS, CLARIFIES FIREWORKS AND DAY CARE DEFINITIONS, PROVIDING FOR SEVERABILITY; REPEALING CONFLICTING ORDINANCES AND PROVIDING AN by title and motioned that the City Council dispense the rule requiring the reading of the EFFECTIVE DATE ordinance and the reading of the summary on three different days and that the three readings be waived. Councilmember Thompson seconded. Roll call vote: Councilmember Waite – Yes, Councilmember Thompson – Yes, Councilmember Bean – Yes, and Councilmember Kirkham – Yes. The motion passed. Councilmember Waite read Ordinance #424 and Summary AN ORDINANCE OF THE CITY OF AMMON, OF THE STATE OF IDAHO, AMENDING TITLES 1 THROUGH 6 OF THE CITY CODE OF AMMON, IDAHO, ADOPTING A TITLE FOR THE CITY CODE OF AMMON, PROVIDING FOR INSURANCE/BONDING REQUIREMENTS FOR CITY OFFICES AND EMPLOYEES, AUTHORITY TO ADOPT CORPORATE SEAL, OFFICIAL CITY MAP, CHANGES REFERENCE TO UNIFORM FIRE CODES TO INTERNATIONAL FIRE CODES, FEES TO BE ADOPTED BY RESOLUTION, EXPIRATION DATES OF LICENSES, PROVIDES FOR BACKGROUND AND INVESTIGATION; REPEALING BOND REQUIREMENT FOR ITINERANT MERCHANTS, CLARIFIES FIREWORKS AND DAY CARE DEFINITIONS, PROVIDING FOR SEVERABILITY; REPEALING by title and motioned to adopt Ordinance #424 CONFLICTING ORDINANCES AND PROVIDING AN EFFECTIVE DATE and Summary as an ordinance and summary of the City of Ammon on this third and final reading. Councilmember Thompson seconded. Roll call vote: Councilmember Waite – Yes, Councilmember Thompson – Yes, Councilmember Bean – Yes, and Councilmember Kirkham – Yes. The motion passed. DISCUSSION ITEMS : 1. Misc.: Bill Manwill inquired about Ordinance #425. Councilmember Bean asked Bill when the County plans on widening Lincoln Road. Bill Manwill stated they have no plans as of now. It was discussed who would be responsible for widening that intersection. A temporary right hand lane would be helpful. Bill Manwill stated it may be hazardous. Councilmember Bean stated this is a problem intersection now. He believes we can help solve problems with a dedicated right hand lane. We need to have a traffic study and go from there. Leslie Folsom stated we need to have a Quorum on our next work session because we need to canvas the th water bond vote. It will be February 8. Councilmember Bean motioned to go to Executive session. Councilmember Thompson seconded. Roll call vote: Councilmember Bean – Yes, Councilmember Thompson – Yes, Councilmember Waite – Yes, and Councilmember Kirkham – Yes. The motion passed. The meeting was adjourned at 8:47pm. . ___________________________________________ C. Bruce Ard, Mayor ______________________________________ Leslie Folsom, City Clerk City Council Minutes 2/1/2007 -- 5