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Council Minutes 9/12/2006 (36) CITY OF AMMON March 16, 2000 I 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 Councilmember W. Lee Bean Council member Harvey L. Crandall Council member Leslie Folsom Councilmember Ira K. Hall Attorney Joe Anderson Engineer Bill Manwill Public Works Director David Wadsworth City Clerk Aleen C. Jensen Others Present: Gawn Reid, 3235 Ross, Ammon Cindy Donovan, 3825 East Sunnyside Road, Ammon Jay Johnson, 2125 Cabellaro Drive, Ammon David Benton, Benton Engineering Colleen and Matthew Pincock, 4135 Ross Avenue, Ammon George Watkins III, 2155 Midway Avenue, Ammon Tom Hunsaker, 2925 Carolyn Lane, Ammon CouncilrlJember Folsom led the Pledge of Allegiance to the Flag, and Council member Bean offered a prayer. I Tom Hunsaker reported for the Planning and Zoning Commission. First item of business was a discussion to consider the request for a Conditional Use Permit to allow 24 Hour Safetyland Daycare at 2255 Midway Avenue. The owners are currently operating a facility at 1882 Balboa Drive, Idaho Falls, and they are working toward expanding to Ammon. Service will be available twenty-four hours a day and seven days a week. The neighbors are opposed to a day care at 2255 Midway Avenue. The Commission recommended that the request be denied because of the traffic at Southwick Lane and Midway. Also, a day care does not fit in the RPA zone. The second item of business was the Third Amended Plat for Ricks Farm Division No.1. The amendment was requested in order to move the Teton Spectrum sign away from Johnny Carino's. The Commission recommended approval. The third item of business was the Revised Preliminary Plat for Eagle Pointe. Approval was recommended upon three conditions. The access on the east should line up and connect with 21st Street. The street widths should meet the City of Ammon standards. The drive approach coming off the main road should be changed from asphalt to concrete. The fourth item of business was a Preliminary and Final Plat for Briarwood Division No.1. The Commission considered the plat as a preliminary plat, but it was not ready for consideration as a final plat. Drainage has been an issue. Jay Johnson agreed to take care of the drainage so it does not go to the south side of East 1 ill Street. I The Commission members and the developers were of the opinion that the injunction obtained by Gary Sant regarding draining non-irrigation water into SandCreek does not apply to the north side of East 17tll Street. The last item of business was a review of the Comprehensive Plan verbiage. The Commission plans to continue to work on the Plan. The Third Amended Plat of the Ricks Farm Division No.1 was reviewed. There was no one present from Mountain River Engineering to explain the plat. Council member Hall confirmed that the Planning and Zoning Commission did not find a problem with the plat, and there was no public opposition. Councilmember Hall moved to approve the Third Amended Plat of the Ricks Farm Division No.1. Council member Folsom seconded the motion. Roll call vote: Hall - Yes; Folsom - Yes; Crandall-Yes; Bean - Yes. The motion carried unanimously. I City Council Meeting, March 16, 2000 - Page 2 Jay Johnson, developer, and David Benton, Engineer, discussed the Preliminary Plat for Briarwood Division No.1. The Council was oriented to the proposed plans. They will probably be all summer and into the fall on Division No. 1 improvements. Johnson's are also involved in development of Centennial Ranch Divisions No. 8 and NO.9. The whole boundary of Briarwood is being staked out. The Council was asked to point out any problems with the preliminary plans. The plans call for an eight inch waterline on half miles and a ten inch waterline on the miles. The City has put a ten inch waterline on the mile down East 1 ih Street. Looking into the future there will not be any houses facing Ammon Road going north, so the City may want to alternate and pay the developer the difference between an eight inch and a ten inch waterline to have him put a ten inch line parallel to the railroad track so the water will be fed back toward Well No.8. The City does want the ten inch waterline. There may be other areas to consider a ten inch waterline to develop a better network of the water system. Jay Johnson desires to have Briarwood served by the City of Ammon sewer. He prefers to pay to Ammon rather than to the lona Bonneville Sewer District. The City Council and the Sewer District Board need to decide about trading jurisdictions. The improvement drawings and the annexation/development agreements will be presented with the final plat. Councilmember Hall moved to approve the Preliminary Plat for Briarwood Division No. 1 subject to an acceptable annexation and development agreement. Council member Crandall seconded the motion. Roll call vote: Hall - Yes; Crandall - Yes; Folsom - Yes; Bean - Yes; The motion carried. It was noted that although Jay Johnson requested that the Briarwood Addition be served by the City of Ammon sewer, Larry Ricks signed a petition to have the Lawrence Ricks' property in the lona Bonneville Sewer District. There needs to be a meeting with the City Officials and the Sewer District. I By law, the approval or denial of any application concerning land use planning shall be in writing and accompanied by a reasoned statement that explains the criteria and standards considered. Attorney Anderson prepared a draft to state the finding, conclusion, and reason for the action taken by the Council on the request for annexation with zoning and rezone of the W. LaVern Judy farm. The prepared statement was reviewed. Council member Bean moved to accept and approve the findings, fact, and conclusion on the public hearing held February 17, 2000, on behalf of Telemark for the annexation and initial zoning for the W. LaVern Judy property. Councilmember Crandall seconded the motion. Roll call vote: Bean - Yes; Crandall - Yes; Hall - Yes; Folsom - abstained because of conflict of interest. The motion carried. The Mayor and City Council signed the statement. One copy is to be filed in the City office and one copy is to be sent to the developer. The recent meeting with members of the School Board for Bonneville Joint School District 93 was discussed. The City Officials are interested in extending Owen Street through the school property, and the members of the School Board want a fourth access to Hillcrest High School but they concerned with student safety if Owen Street is extended. A traffic study for the Owen Street area by BMPO is pending. I A public hearing for the Sunnyside Road project has been scheduled for March 22. The Idaho Transportation Department is interested in obtaining public input. Engineer Manwill and Public Works Director Wadsworth showed the proposed plans and discussed right-of- way needs for Ammon's portion of the project. Johnny Carino's has applied for a liquor-by-the-drink-license. Attorney Anderson reviewed their application and it complies with the requirements with one exception. Ammon's ordinance shows that an applicant for a license must show residence in Idaho for one year. The application for Texas Roadhouse was made by the manager who had been a resident for one year, so it qualified. Johnny Carino's application shows they are a corporation authorized to do business in Idaho but the main stockholder is another corporation also qualified to do business in Idaho but the directors and officers are residents of Texas. They have no residential fulfillment of that requirement, and this City Council Meeting, March 16, 2000 - Page 3 I was a concern. Attorney Anderson called State Liquor Law Enforcement to discuss the problem with them since they had granted a state license to Johnny Carino's. The state statute did require the same residency requirement, but it has since been removed as a requirement for the state. There is still a question on residency in the state application for a beer license, and the liquor license requires a beer license. Attorney Anderson concluded that Idaho residency would be required. The State interprets it differently. They call it information and not a disqualification. Johnny Carino's qualified and has been given a state liquor and beer license. Therefore, City of Ammon has been superceded by the State, and our ordinance is unenforceable. The requirement should be removed from our ordinance eventually, but Ammon can not continue to require the Idaho residency requirement. Otherwise, Johnny .Carino's complies with the requirements for a liquor-by-the-drink license. Councilmember Crandall moved to approve the liquor-by-the drink license for Johnny Carino's subject to their getting their County license. Council member Folsom seconded the motion. Roll call vote: Crandall - Yes; Folsom - Yes; Bean - Yes; Hall - Yes. The motion carried unanimously. Councilmember Folsom moved to direct Attorney Anderson to draft an ordinance to amend Ammon's ordinance to conform with the State for Iiquor-by-the-drink licensing. Councilmember Crandall seconded the motion. Roll call vote: Folsom - Yes; Folsom - Yes; Crandall- Yes; Bean - Yes; Hall- Yes. The motion carried unanimously. Mayor Ard advised that the Ammon LOS Youth want to do a service project in June to complete painting the fire hydrants. I Gawn Reid reported on the Peterson Park walking path project. Council member Bean and Public Works Director Wadsworth have reviewed the project with Gawn Reid, and they have recommended that the path be confined to the perimeter of the park. Gawn would like to do some additional areas. It was decided to do the perimeter and see how the bids come in before deciding to do some additional areas through the park. Estimated cost to construct the path is $10.00 per foot. CHC Foundation has advised the City needs to start spending grant funds awarded for the path by May 12, 2000. Colleen Pincock discussed the Knothole Baseball program for the T-Ball Teams and for Pitching Machine Teams. Councilmember Bean recommended the leaders of the Knothole programs and the leaders of the Western Boys program correlate their activities. There was discussion about whether or not to increase the fees for non-resident participants. The discussion was left up to the leaders since they are more responsible for the program than the City. Reports: David Wadsworth reported for Public Works. The plumbing on Well NO.5 has been completed. The City Council needs to consider paving the road into Well NO.5. Attorney Anderson has drafted an ordinance to make it unlawful to sell City of Ammon water. He asked the Council to review the draft copy and recommend changes. Also, an ordinance has been drafted for massage therapy licensing. Age requirements are a concern. The Council was asked to review and make recommendations on this proposed ordinance. I Skidmore has been contacted regarding his agreement to pay a portion of the costs to pave Maiben Avenue. He agreed to pay within a year, but he has made no effort to do so. Attorney Anderson recommended that the Council consider obtaining a note from Randy Skidmore for monthly payments for a period of twelve months. The Council did not favor extending the payment time with another agreement. Attorney Anderson was instructed to go for collection. Another problem involving Skidmore is the trailer park on the corner of Sunnyside Road and Hitt Road. There are seven mobile units and the facility is connected to Ammon City Council Meeting, March 16, 2000 - Page 4 sewer. When Woods owned the park, the seven units paid for sewer service to Ammon. Since Skidmore has acquired ownership, collection for outside the City sewer from the mobile units has been poor. Attorney Anderson agreed to work on this problem with Skidmore. I Engineer David Benton and Attorney Anderson have had a number of conversations about negotiating with the City for unpaid services while he was on retainer as engineer for the City of Ammon. Since Engineer Benton was present at the meeting, Attorney Anderson inquired about whether or not Benton wished to discuss the matter with the Council. The City is interested in obtaining maps and related City information which are still retained by Benton. Benton has provided a good deal of service for the City, and he believes the City still owes him for services performed. After Engineer Benton was released as City Engineer, the City issued him a check for $12,000.00 but he has never cashed it. Engineer Benton agreed to bring the City maps up to date in return for a final settlement. There was a discussion about what services have not been paid for. The Council asked that a bill be resubmitted, and they agreed to review it. The lona Bonneville Sewer District has requested the joint meeting be reinstituted. They would like to meet together in the very near future. Attorney Anderson asked for some suggested times so that he could schedule a meeting. It was suggested there be an agenda for the meeting. Council member Bean inquired about the status of the swimming pool repair. Resurfacing is apriority. I Engineer Manwill advised there is a meeting in Shelley on March 24 at !O:OO a.m. with Bonneville County, Shelley, Ammon, and the Sewer District. Claims were approved. Councilmember Folsom moved to go into Executive Session. Councilmember Hall seconded the motion. The meeting was adjourned to an Executive Session. c 4~..0 Mayor ATTEST City Clerk I