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Council Minutes 09/16/2004 ~ CITY OF AMMON CITY COUNCIL MINUTES THURSDAY, SEPTEMBER 16,2004 The meeting was called to order by Mayor 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 Karen Y. Anderson Councilmember W. Lee Bean Councilmember Rex Thompson Councilmember Randy Waite City Attorney Scott Hall City Administrator Bruce Rose City Engineer Bill Manwill City Clerkffreasurer Diane Gempler Councilmember Waite led the Plede:e of AIIee:iance to the FIae: and, Councilmember Anderson offered a praver. Minutes September 2. 2004: Councilmember Bean motioned to approve the September 2, 2004, minutes with corrections. Councilmember Waite seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Waite - Yes, Councilmember Thompson - Yes, Councilmember Anderson - Yes. The motion carried. Consent Ae:enda: Councilmember Anderson motioned to approve the Consent Agenda as presented. Councilmember Bean seconded. Roll call vote: Councilmember Anderson - Yes, Councilmember Bean - Yes, Councilmember Thompson - Yes, Councilmember Waite - Yes. The motion carried. Items from Mavor: None Public Comment Ree:ardine: Items not on the Ae:enda: None ACTION ITEMS: GHG Investments!I'railwood #2 Rezone Reauest: City Administrator Bruce Rose presented slides and a brief history of the requested rezone. Planning and Zoning Chairman Doug Willden reported that the Commission recommends denial of the request. Testimony presented at the public hearing(s) before the Planning and Zoning Commission was predominately against the requested rezone. The majority of individuals giving testimony indicated they relied on the R-l zoning when they purchased their properties. Joe Groberg, 1269 Holmes Avenue, Idaho Falls, the developer, addressed the Council. Mr. Groberg is not willing to push for rezone following hearing the concerns raised at the public hearings. He feels that completion of the development will benefit the neighborhood, and, that it will take longer for the remaining lots to be sold as they are currently zoned. The Council discussed the requested rezone. Mr. Groberg was asked ifhe would agree to rezoning of lots 7 and 8 to R-l to remove the split zoning of those two lots. Mr. Groberg was undecided. Councilmember Anderson motioned to deny the GHG Investments/Trailwood #2 rezone request as presented. Councilmember Thompson seconded. Roll call vote: Councilmember Anderson - Yes, Councilmember Thompson - Yes, Councilmember Waite - Yes, Councilmember Bean - Yes. The motion carried. Katie Courtrrrailwood #2. Lot 6 Block 5. Rezone Reauest: City Administrator Bruce Rose presented slides of the requested rezone. The lot is currently split zoned part R-I and part R2-A, there is a twin home on the lot. Rezone is requested to clean up the zoning map. City Council 9/16/2004 - 1 Planning and Zoning Chairman Doug Willden reported the Commission voted unanimously to recommend approval of the rezone. There was not any testimony for or against the requested rezone at the hearing held on September 1,2004. The Council discussed the proposed rezone. Councilmember Bean motioned to approve the Katie Court/Trailwood #2, Lot 6 Block 5 rezone as requested. Councilmember Waite seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Waite - Yes, Councilmember Thompson - Yes, Councilmember Anderson - Yes. The motion carried. Cotta!!es Annexation and Initial Zonin!! Reauest: City Administrator Bruce Rose presented slides of the property profosed to be annexed into the City and the vicinity. The property is located north of East 21 st South and west of 52D East (Neilsen Road). Planning and Zoning Chairman Doug Willden reported the Commission voted 3 for and 4 against recommendation of approval. One of the members voting against was in favor of annexation, but felt one of the conditions being recommended is not a City issue. There was a great deal of testimony in favor of and against the annexation and initial zoning. Much of the testimony against annexation was prompted by concerns that previous development by the developer was not properly completed. Councilmember Anderson motioned to schedule a hearing before the Council to be held on October 21, 2004. Councilmember Waite seconded. Roll call vote: Councilmember Anderson - Yes, Councilmember Waite - Yes, Councilmember Bean - Yes, Councilmember Thompson - Yes. The motion carried. Mesa Loma Annexation and Initial Zonin!! Request: City Administrator Bruce Rose presented slides of the property proposed to be annexed into the City and the vicinity, the property is located south of Sunnyside Road and is contiguous along the southern edge of the 1 st Mesa Lorna Addition. Planning and Zoning Chairman Doug Willden reported on the Commission voted 6 for and 1 against recommending approval as presented. Councilmember Bean motioned to schedule the proposed annexation and initial zoning for a hearing before the Council. Councilmember Thompson seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Thompson - Yes, Councilmember Waite - Yes, Councilmember Anderson - Yes. The motion carried. Audit En!!a!!ement Letter: The Council reviewed the proposed engagement letter. Councilmember Bean motioned to accept the audit engagement letter from Galusha, Higgins and Galusha for performance of the Fiscal Year 2004 Audit subject to an acceptable cost being agreed upon. Councilmember Anderson seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Anderson - Yes, Councilmember Thompson - Yes, Councilmember Waite - Yes. The motion carried. Sewer Rate Increase (Resolution 2005-001 ): The Council reviewed the proposed resolution and discussed the timing of the rate increase. Councilmember Bean motioned to approve Resolution 2005-001. Councilmember Waite seconded. Roll call vote: Councilmember Bean ~ Yes, Councilmember Waite - Yes, Councilmember Thompson - Yes, Councilmember Anderson - Yes. The motion carried. Law Enforcement A!!reement: Sheriff Byron Stommel and Deputy Bud Langerak addressed the Council's questions regarding the proposed agreement. John Walker, 2070 Ross Avenue, addressed the Council commenting that he feels the proposed contract is more than fair to the citizens and encouraged approval. Councilmember Waite motioned to approve the Law Enforcement Agreement as presented. Councilmember Bean seconded. Roll call vote: Councilmember Waite - Yes, Councilmember Bean - Yes, Councilmember Thompson - Yes, Councilmember Anderson - Yes. The motion carried. Dispatch Services A!!reement: Councilmember Bean reported that two versions of the proposed dispatch services agreement are before the Council. The only difference is the wording in paragraph H. at the bottom of page 2. The verbiage of that paragraph preferred by the City ofIdaho Falls more clearly defines the term "Extra-ordinary Dispatch Event." There are no other differences between the documents. Councilmember Bean motioned to approve the dispatch services agreement with language as preferred by the City ofldaho Falls, with exhibits A: the City ofIdaho Falls dispatch services budget and, B: fee formulas, attached. City Council 9/16/2004 - 2 .. Councilmember Waite seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Waite - Yes, Councilmember Thompson - Yes, Councilmember Anderson - No (paying 150% more and not getting the same service as county residents). The motion carried. Miscellaneous Discussion Items: None Councilmember Bean motioned to adjourn. Councilmember Waite seconded. Meeting adjourned at 9:40 p.m. ~ C. d, M or ~ City Council 9/16/2004 - 3