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Council Minutes 9/12/2006 (90) 149 September 18, 1997 CITY OF AMMON September 18, 1997 Minutes of the Public Hearing and Regular Meeting of the Mayor and City Council: The meeting was called to Building, 2135 South Ammon present: Mayor C. Bruce Ard Councilmember W. Lee Bean Counci1member Sherrill C. Bohn Councilmember Ira K. Hall Councilmember Steven J. Loveland City Clerk Aleen C. Jensen order by Mayor C. Bruce Ard at 7: 30 P.M. in the City Road, Ammon, Idaho, with the following City Officials Attorney W. Joe Anderson Engineer David E. Benton Public Works Director David Fire Chief Clarence Nelson Fire Marshal Cal Smith Wadsworth Others Present: L. I. Ashment, 2539 Channing Way, Idaho Falls, ID Harold and Dolores Peirso1, 2740 Vaughn, Ammon Rebecca and Cory Jernberg Parley and Melba Field, 3440 Owen Street, Ammon Ed Brown, 3355 Rich Avenue, Ammon Larry R. Fullmer,3380 Rich Lane, Ammon M. DeLynn Hansen, 3165 Western Avenue, Ammon Ron and Leslie Folsom, 2750 Sawtooth, Ammon Bart and Susette Ingram, 1845 Bittern Drive, Ammon George Watkins III, 2155 Midway Avenue, Ammon D. S. Pierson, 1710 Avocet Drive, Ammon Marvin J. Anderson, 2955 Central Avenue, Ammon LaMaun, Jared, and Shane Lyon, 3090 Ross Avenue, Ammon Elaine McGary, 3255 Meadow Lane, Ammon Gloria and Nick Oldham, 2315 Princess, Ammon Kenneth and Sandra Knoe1k, 2030 Ross Avenue, Ammon Harold Loveland, 3320 Molen Street, Ammon Greg Maeser, 2550 Ross Avenue, Ammon Brian Hobbs, 2165 Cabe1laro Drive, Ammon Larry Schuldt, 6211 South 15 West, Idaho Falls, ID Glen Pond, Utah Power, Rexburg, ID Wayne Jemmett, 3040 Talmage Street, Ammon Robert and Mae Farrow, 3824 Wanda Street, Ammon I The Pledge of Allegiance to the Flag was directed by Councilmember Bean, and Counci1member Hall offered the invocation. I Mayor Ard opened the Public Hearing to consider the request of L. I. Ashment Et Al for annexation with initial zoning of an eighty (80) acre piece of property on the north side of First Street between Sand Creek and the Fox Hollow Subdivision. Notice of Hearing was published in the Post Register on September 2 and September 9, 1997. Property owners within three hundred feet (300') were mailed notices of the hearing. Parties in interest were sworn in to present testimony. Engineer Benton declared conflict of interest and stated he was representing Ashments and not the City of Ammon. Engineer Benton explained the request by orienting those present to the adjacent land uses and to the boundaries of the property under consideration. The proposed zoning for the sections to be zoned C-l, R-3A, R-2, and R-1 was pointed out on a sketch map of the property. There are no development plans at this time. The owners want to have the annexation and zoning in place to present to interested parties. Annexation of First Street was discussed. The City has the right to include the Webster property, which consists of one acre onFirst Street adjacent to the Fox Hollow Subdivision, in the annexation. The Planning and Zoning Commission conducted a Public Hearing on August 5, 1997, and they recommended approval of the request. There were no parties in interest,except the owners and I Engineer Benton, to present input for or against. Mayor Ard closed the Public Hearing and called for a motion from the City Council. Counci1member Hall moved to approve annexation of the Ashment property with initial zoning of C-l, R-3A, R-2 and R-1 as shown on the sketch maps handed out during the meeting and to include First Street in the annexation. The motion was seconded by Counci1member Bean. Roll call vote: Hall - Yes; Bean - Yes; Bohn - Yes; Love- land - Yes. The motion carried unanimously. Counci1member Hall moved to amend the motion to annex the Ashment property to in- clude annexation is approved subject to an acceptable annexation agreement. The amendment to the motion was seconded by Counci1member Bean. Roll call vote: Ha1l- Yes; Bean - Yes; Bohn - Yes; Loveland - Yes. The amendment to the motion carried unanimously. Counci1member Hall and Public Works Director Wadsworth agreed to talk with Websters about whether or not to annex that property. I I I 150 September 18, 1997 Mayor Ard opened a discussion on proposed fee increases for water and dog licenses. Counci1member Bean explained the proposal and gave background information. Former City Officials wisely planned to provide for growth without going into debt or bonding. The present City Officials forsee continued growth and feel the need to plan for it. Looking at the growth potential five to seven years down the road, there will undoubtedly be pressures on the water system which will require expansion and additional maintenance. Water rates in Ammon have not been increased since 1986. This is an opportune time to prepare for the future. The proposed water fee increases simplify the rate system, eliminate the extra summer rates, and provide a uniform year round monthly charge. The proposed fee increase as published in the Post Register was reviewed in detail. The increase generated from water rates will be used for water system improvements. The proposed fee increase for dog licenses was also reviewed. Citizens were given the opportunity to ask questions. The Mayor and Council responded with information about the City's financial status, the new well, and water department operations. Mayor Ard closed the discussion period and opened the Public Hearing to consider the proposed fee increases. Notice of Hearing was published in the Post Register on September 5 and September 12, 1997. Interested parties were sworn in to give testimony. Discussion continued. Questions and comments were received from Leslie Folsom, Bart Ingram, Elaine McGary, DeLynn Hansen, Marvin J. Anderson, Brian Hobbs, Wayne Jemmett, and George Watkins. Mayor Ard closed the Public Hearing. Counci1member Bean moved to amend the rates as shown in the public notice and published as of September 5 and September 12 as related to the water rates and the animal control fees. The motion was seconded by Counci1member Bohn. Roll call vote: Bean - Yes; Bohn - Yes; Hall - Yes; Loveland - Yes. The motion carried un- animously. Glen Pond of Utah Power discussed recent management changes in this area. The business office phones in Southeastern Idaho have been switched to the Call Center in Salt Lake City. Outages will be handled on a priority basis. Pay stations have been established at Eastgate Drug in Ammon and Oasis Stop-N-Go in Shelley. Also, any First Security Bank will accept checks. The trouble men and the operatiions people all remain the same, and they will be working out of the facility in Shelley. Mr. Pond left some information packets with the Counci1members concerning deregulation or open access. Utah Power has taken a position, and the packet explains what they are doing to push open access along. They are pushing that by the year 2001 everyone will have an option of who supplies their electricity. Cities in the area who have adopted a Utah Power franchise tax are Shelley, Ririe, Rexburg, Rigby, Arco and Dubois. Glen Pond is Utah Power's representative for the Ammon area, and he expressed a willingness to be of service to us. Kenneth and Sandy Knoe1k, 2030 Ross Avenue, were invited to the meeting to review their non-commercial kennel license. The City requested information about whether or not Knoe1ks are operating a commercial kennel rather than a non-commercial kennel. They consider their dogs as a hobby, and Mr. Knoe1k requested a copy of the dog ordinance to study. He wanted to know the code definitions before he responded. Counci1member Bohn September 4, 1997. vote: Bohn - Yes; animous1y. moved to approve the minutes of City Council Meeting held on The motion was seconded by Counci1member Loveland. Roll call Loveland - Yes; Hall - Yes; Bean - Yes. The motion carried un- The East 17th Street Asphalt Overlay Project is mostly done. There are some water valves on Midway Avenue and Cabe11aro Drive that need to be raised. These were not included in the proj ect. The Council authorized getting some prices to have the valves raised. It was recommended BECO be contacted to see if they are willing to do them at the same unit price as charged in the 17th Street project. Mayor Ard introduced Ordinance No. 253 and read it by title AN ORDINANCE PROVIDING FOR THE ANNUAL APPROPRIATION FOR THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO; FOR THE APPROPRIATION OF THE SEVERAL FUNDS AND THE PURPOSES FOR WHICH APPROPRIATED DURING THE FISCAL YEAR 1998, COMMENCING OCTOBER 1, 1997, AND ENDING SEPTEMBER 30, 1998, AND PROVIDING FOR THE AMOUNT APPROPRIATED FOR SUCH FUNDS. The Counci1members read Ordinance No. 253 in full. Counci1member Bean moved that the City Council dispense with the rule requiring the reading of the ordinance on three different days, that the three readings be waived, and Ordinance No. 253 be adopted as an ordinance of the City of Ammon on its third and final reading. The motion was seconded by Counci1member Hall. Roll call vote: Bean - Yes; Hall - Yes; Bohn - Yes; Loveland - Yes. The motion carried unanimously. Brian Hobbs, 2165 Cabe11aro Drive, discussed the fire siren. the Fire Department utilize pagers and eliminate the siren. He recommended that The Fire Department 151 September 18, 1997 now owns fifteen to twenty pagers, but funds are lacking to buy more pagers. The siren needs to remain active for Civil Defense purposes. The siren also provides backup when the pagers fail. Mr. Hobbs agreed to check out costs and sources to get additional pagers for the department. The Planning and Zoning Commission has recommended the City Council put together some specifications for building permit applicants to follow. Applications often do not contain adequate information for the Planning and Zoning Commission to determine whether or not to recommend approval or denial when they review the plans. Guideline ideas were discussed. Dick Bybee of the Planning and Zoning Commission has agreed to submit some ideas for consideration. Councilmember Hall advised that citizens have expressed concern to him about the I City raising the speed limit on Ammon Road from 35 mph to 40 mph. They suggested the City reconsider their decision because traffic is going faster. Speeding is an enforcement problem. Another concern is there is no place to cross on Ammon Road. There is only one crosswalk between E. 17th Street and E. Sunnyside Road. There needs to be a crosswalk at Brookfield Lane and one at San Carlos. Public Works Director Wadsworth stated crosswalks give pedestrians a false sense of security. The Council requested Bonneville Metropolitan Planning Organization be contacted for input on crosswalk location and safety. Reports: David Wadsworth reported for Public Works. The Peterson Park ball diamonds have been sodded. Water samples from the water system tested good. The water system has not been chlorinated since about February. Two water lines were replaced. H-K has completed the overlay on Southwick Lane, Circle S Drive, and the intersection of Midway and Southwick. These areas still need chip/seal. McDonalds is starting to build in Ammon Town Center. Councilmember Bean reported that Scott Hall wants to sod the ball diamond bases in McCowin Park. He is prepared to do it on Monday night, September 22, at 6:00 P.M. Attorney Anderson reported that he has filed action against Mike Norris of NorTech Systems for the computer that was not delivered. The recodified ordinances are ready for action, and Attorney Anderson suggested that, if anyone is interested in discussing them, he would be willing to have a work meeting. Otherwise he wants to have them printed and prepare them for adoption. He has added false fire alarm. Councilmember Bohn wants to look over public parking on streets. The Fire Department is interested in a Halloween Open House. Details need to be worked out. I Mayor Ard asked for Council input about what to do about paying Building Inspector Larry Schuldt for the plan check fee before a building permit is issued. When a permit application is filed, it is immediately processed through Planning and Zoning and the Building Inspector. After the permit is approved for issuance, applicants frequently leav~ the permit pending. It was recommended that the plan check be paid for up front when the application is filed. The problem with this is the plan check can not be determined until the permit fee has been calculated. Applicants should be billed for the plan check fee if they do not purchase the permit. Councilmember Bean moved to charge an up front fee of 2% of the estimated cost of improvements, non-refundable, or a minimum of $50 to be applied to the building permit and/or plan check before the permit is issued. The motion was seconded by Councilmember Hall. Roll call vote: Bean - Yes; Hall - Yes; Bohn - Yes; Loveland Yes. The motion carried unanimously. Building permits left pending at this time should be billed for the plan check fee. The Building Inspector will continue to bill as in the past. Councilmember Hall reported that Lynn Goldman is willing to be considered for an appointment to the Planning and Zoning Commission when there is an opening. Engineer Benton reported the LDS Church has asked if the City would participate in I resurfacing Romrell Lane north of Molen Street by the church. They were informed that it is not City policy unless the residents participate. Owners of the property at Owen Street and Western Avenue are considering the sale of the back portion of their property. The City paid for extending water and sewer lines on Owen Street when the school was built, and service lines were installed. The City needs to determine how to recoup the costs when a building permit is applied for on that property. Councilmember Bean moved to adopt Resolution No. 98-1, Amending the Rates Charged by the City of Ammon for Water, Sewer and Garbage Services, and to adopt Resolution No. 98-2, Amending the Animal Fees. The motion was seconded by Councilmember Bohn. Roll call vote: Bean - Yes; Bohn - Yes; Hall - Yes; Loveland - Yes. The motion carried unanimously. I I I 152 September 18, 1997 Fire Marshal Cal Smith reported that he inspected the Snake River Montessori School trailer. They plan to use the trailer for about a year until they can build on to their present facilities. A Public Hearing to consider a conditional use for the trailer is scheduled for Thursday, October 2. An oil spill on Falcon Drive prompted the Fire Department to recommend that the City Council set some guidelines for clean up of hazardous materials. Fire Marshal Smith was concerned about who pays for the clean up and how individuals are cited. Attorney Anderson explained the City of Ammon has ordinances which provide the means to cite individuals under hazardous materials or nuisances. Discussion followed on who has the authority to issue citations. Duly authorized officers of the Bonneville County Sheriff's Department can issue citations, private citizens have the right of citation, or the Mayor through proper delegation can authorize individuals to issue citations for certain provisions. Attorney Anderson agreed to check on developing an administrative order by the Mayor to authorize some members of the Fire Department to issue citations under the Fire Code and Hazardous Materials. City of Ammon receives money each month for citations that go through the Magistrate Court. Mayor Ard recommended that Barbara J. Ellis be appointed as Deputy Clerk. The Council was asked to confirm the appointment by roll call. Roll call: Hall- No; Bean - Yes; Bohn - Yes; Loveland - Yes. Building Inspector Larry Schuldt advised the Council that a building permit application has been received for a house to be built with a foam cinder block type construction not yet approved by lCBO. Following discussion, the Council expressed willingness to work with the builder on the innovative concept provided the inspector is comfortable with the plans. Schuldt reported on the building permits issued. Claims were approved. Counci1member Bean moved to adj ourn the meeting to an Executive Session to discuss personnel matters. The motion was seconded by Councilmember Hall. The regular meeting was adjourned at 10:30 P.M. O,.~D ATTEST ~.(!)2~