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Council Minutes 9/12/2006 (39) CITY OF AMMON May 18, 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 Council member W. Lee Bean (arrived late) Councilmember Harvey L. Crandall Councilmember Leslie Folsom Council member Ira K. Hall Attorney Joe Anderson Engineer Bill Manwill Public Works Director David Wadsworth City Clerk Aleen C. Jensen Others Present: Connie Guymon, City Office Ron Folsom, 2759 Sawtooth, Ammon Cindy Donovan, 3825 East Sunnyside Road, Ammon Peggy, Nancy, and Tim Willis, 3470 Rawson, Ammon Colleen and Matthew Pincock, 4135 Ross Avenue, Ammon Tom Hunsaker, 2925 Carolyn Lane, Ammon Van Arnold, 3108 East Lincoln Road, Idaho Falls Scott Yagues, Ammon Fire Department I Council member Hall led the Pledge of Allegiance to the Flag, and Councilmember Crandall offered a prayer. Mayor Ard referred to the minutes of City Council Meeting May 7, 1998, regarding the development of the Tom Bird Addition Division No.1 by Matt Pincock. The intent of the motion was that the City would handle the drainage portion of the development and that Pincocks would handle the water, sewer, and paving. The City will put the catch basin on the other side. If Pincock sets up the improvements, the contractor can bill the City for the catch basin. As requested, Ron Folsom, researched information on development fees. Our fees are similar to City of Idaho Falls except there is one major difference. They have two fees which they call annexation fees and not impact fees. One fee is called the surface drainage fee and the other is called bridge and street regulation. City of Idaho Falls is in the process of raising their fees. They are basically interested in flat fees for variances, conditional use permits, etc. At the present, they charge a $50.00 flat fee for a variance but they do not charge for the hearing or the publication. When property is annexed into Idaho Falls, the surface drainage fee and/or the bridge and street regulation amount to considerably more than Ammon's charge for publication of the hearing and the ordinance. City of Idaho Falls call the two fees annexation fees but their ordinance states the fee is because of impact. City of Ammon should not consider such a fee unless it is classified as an impact fee and is in accordance with Idaho Code. I Van Arnold, 3108 East Lincoln Road, was on a "fact finding mission" about annexation. Neighboring property owners have been considering annexation and they have talked to Mr. Arnold about including some of his property. The City is interested in squaring up the block of property and thinks it should be looked at all at once. Bonneville County wants the City of Ammon to review their impact area. If the owners are serious about applying for annexation, the City of Ammon would extend the impact area to the northwest to include properties owned by Utah Power, Doyle Beck, Stafford Smith, Van Arnold, et al. Mr. Arnold oriented the Council to property that he owns, and he discussed historical information regarding its use. Various ideas were discussed. He is not interested in selling any of his property. He plans to retain ownership and to control development of it. The purpose of attending the meeting was only fact finding and he wants to think it through. At the present, he is neither for nor against the idea of annexation. I City Council Meeting, May 18, 2000 - Page 2 Tom Hunsaker reported on the special meeting of the Planning and Zoning Commission which was held May 11. Two items of business were considered. The Snake River Montessori School requested a Special Use Permit to allow a new facility on a five acre parcel west of Tie Breaker School. A concern was how to access First Street. It was recommended that an access street be aligned with the street proposed for the Berean Baptist Church on the north side of First Street. Also, the school prefers to share an access street with property west of them when it develops. The Commission recommended to the City Council that the Special Use permit be approved. The other item of business was to delay the public hearing on the Comprehensive Plan Land Use Map pending negotiations on the impact area. Regarding unfinished business, there was no action to revise the development agreement for Centennial Ranch. An improvement drawing has been secured to confirm the development agreement for the School District about the waterline across their property to the Ricks farm. BMPO has approved the Owen Street traffic study. Attorney Anderson presented draft No. 3 of the massage therapy ordinance. It incorporates the new information obtained from Pocatello and discussed at the last Council Meeting. The ordinance was reviewed. Council member Folsom was concerned that the ordinance did not contain any education standards. There was a discussion about whether to include education requirements in the license application or in the ordinance. It was agreed to include it in the ordinance, so Attorney Anderson will prepare draft No.4. No changes were made to the proposed ordinance on the sale of Ammon water. The ordinance was reviewed again and two changes were recommended. In section 8-3-4 A delete the type of water service. End the sentence with "for which the person has received a permit for service". In section 8-3-4 C add "except for personal use." I Council member Crandall moved to approve the minutes of City Council Meeting held April 20, 2000. Councilmember Hall seconded the motion. Roll call vote: Crandall - Yes; Hall- Yes; Folsom - Yes. The motion carried. Mayor Ard met with Bonneville County Sheriff Stommel. He is interested in getting a grant to obtain more officers. This is a three year grant for $75,000.00, and the Sheriff would like to include Ammon. He wants a guarantee to stay on the program for a year after and Ammon would pay the full amount. The Mayor studied the proposal and he wants the Sheriff to come back to explain the proposal to the Council and to answer questions. Ordinance No. 274, which was adopted May 4, 2000, has been revised REPEALING SECTION 4-2-10(A); REPEALING AND DELETING THE NECESSITY OF RESIDENT REQUIREMENTS; RE-ENACTING SECTION 4-2-10(A) TO PROVIDE THAT ALL APPLICANTS MUST BE QUALIFIED TO DO BUSINESS WITHIN THE STATE OF IDAHO AND CITY OF AMMON. It requires re-enactment prior to publication. Attorney Anderson read the amendment to Section 4-2 10(A) An individual applicant, or each partner of a partnership applicant, or a corporation applicant, or an association applicant is qualified to do business within the State of Idaho and the City of Ammon. I Council member Folsom moved that the City Council dispense with the rule requiring the reading of Ordinance no. 274 on three different days and that the three readings be waived. Council member Hall seconded the motion. Roll call vote: Folsom -Yes; Hall -Yes; Bean - Yes; Crandall- Yes. The motion carried. Councilmember Folsom moved the adoption of Ordinance No. 274 as an ordinance of the City of Ammon on its third and final reading. Council member Hall seconded the motion,. Roll call vote: Folsom -Yes; Hall- Yes; Bean -Yes; Crandall-Yes. The motion carried. The Association of Idaho Cities 53rd Annual Conference will be held June 27 through July 1 in Couer d' Alene. None of the City Officials will be able to attend. I City Council Meeting, May 18, 2000 - Page 3 Attorney Anderson introduced Ordinance No. 275, AN ORDINANCE 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 SAID LANDS. (Miller- Hatton Property) The ordinance was read in full. Attorney Anderson explained that he added a zone of R-1 rather than leaving the property unzoned. Council member Folsom moved that the City Council dispense with the rule requiring the reading of Ordinance No. 275 on three different days and that the three readings be waived. Council member Bean seconded the motion. Roll call vote: Folsom -Yes; Hall - Yes; Bean - Yes; Crandall - Yes. The motion carried. Ordinance No. 275 was read by title. Council member Folsom moved the adoption of Ordinance No. 275 as an ordinance of the City of Ammon on its third and final reading. Council member Crandall seconded the motion. Roll call vote: Folsom -Yes; Crandall-Yes; Bean - Yes; Hall- Yes. The motion carried. Tom Hunsaker recommended that Overlay 6 should be added since animals are kept on the property. It was agreed that Overlay 6 be added to the zoning classification of R-1. I Scott Yagues represented Fire Chief Nelson to report on the Fire Department. The membership of the department is estimated to be 31 volunteers. There has been no fire calls in the last two weeks. An open house for the new station is scheduled for June 10, 2000. They would like to include a ribbon cutting and dedication of the Council approves. The Department would like to have a fund raiser. They propose to fix up an old car and raffle it off. The Council approved the fund raiser. A friend wants to make and donate a sign for the fire station. The Council would like to see the design plans before they authorize the sign. Also, the department would like to erect a flag pole. Plans are to repaint the Fire Chiefs office. In the event a residence will not be occupied for a period exceeding two months, a customer can request a reduced rate for service. Residents who go south for the winter have been requesting the reduced rate. However, this has been causing billing problems. It was proposed to eliminate a reduction in rate and to maintain the flat charge year round. If a resident objects, he can request that his water be turned off and pay a turn-off and turn- on fee. Attorney Anderson was asked to review Resolution No. 97-1 and draft a new resolution to revise non-occupancy charges. Councilmember Folsom expressed concern that City of Idaho Falls police officers appear to be writing citations in the City of Ammon. There was no explanation, but a number of Idaho Falls officers live in Ammon and they may be doing citizen arrests. Councilmember Bean pointed out that City of Ammon is due for a fire rating at the end of the summer. He encouraged that steps be taken to insure a better rating. Certification of the pumps and hoses should help. The Council would like a report of the fire rating requirements. Our present fire rating is 5. I Reports: David Wadsworth reported for Public Works. Well NO.5 is running. It should be ready to go on line tomorrow. It will produce about three times what it did before the repairs. Larson Pool Plastering has the pool prepared for tile. They are waiting on the tile, but he job is on schedule. The base around the Lions Park playground equipment is almost complete. As soon as the leveling at the fire station is completed, the sprinkler system will be installed and the sod laid. The Peterson Park walking path committee is ready to move on that project. Attorney Anderson asked for some direction to solve the billing for sewer services for the seven mobile units parked on Skidmores property on the corner of Sunnyside Road and Hitt Road. Skidmore did not know he was responsible. Individual units have been billed but City Council Meeting, May 18, 2000 - Page 4 I collection has been poor and there is no way to disconnect service except to dig up the sewer. The units should pay $16.65 per month. When Woods owned the property, the billing and collection appeared to be handled satisfactorily. However, the change of ownership has resulted in problems. This has been caused by error on the part of the owner and by the City Office. The City Office would like to make Skidmore responsible and to bill him for monthly services for the units. The property is located in the City of Idaho Falls but it is in the City of Ammon sewer service area. There was considerable discussion about what to do. Attorney Anderson will advise Skidmore that he will be charged for any sewer service in our service area. All past charges will be waived and the property owner will be responsible. Servicing the sewer for the trailer park brought out additional discussion about sewer service areas, impact areas, and proposed annexations. The City Council was in favor of moving forward on Doyle Beck's request for annexation. Councilmember Bean recommended that the City provide a cellular phone for Public Works Director David Wadsworth. Council member Hall attended the Bonneville County-Cities Planning and Zoning Meeting. There will be more public hearings on the 1-15 interchange and Sunnyside Road. The county asked the State to do the work on Hitt Road and U.S. 20 before they bid other areas. Sewer connection fees collected for Centennial Ranch and Briarwood Addition should be sent to lona Bonneville Sewer District. Claims were approved. I Council member Folsom moved to adjourn to Executive Session. Council member Crandall seconded the motion. The regular meeting was adjourned at 10:25 p.m. C~...D ayor ATTEST City Clerk I