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Council Minutes 9/12/2006 (166) 182 February 2, 1995 CITY OF AMMON February 2, 1995 Minutes of the Regular Meeting of the Mayor and City Council: The meeting was called to order at Street, Ammon, Idaho, by Mayor C. present: Mayor C. Bruce Ard Councilman Harvey Crandall Councilman Ira K. Hall Councilman Steven J. Loveland Councilman Greg J. Maeser 7:30 P.M. at the City Building, 3270 Molen Bruce Ard with the following City Officials Attorney W. Joe Anderson Engineer David E. Benton Public Works Director David Fire Chief Cal Smith City Clerk Aleen C. Jensen Others Present: Scott Nielsen and Kevin Bodily of NB Architects Michael Jepsen, Jepsen Insurance Management Company Jacqueline L. Harwood, 3320 Circle S Drive, Ammon J. LaVerl Crow, 3270 Meadow Lane, Ammon Barbara Pendleton, 2095 Bittern Drive, Ammon Sylvia Wadsworth, 2190 Dove Drive, Ammon Dave Sommer, 3450 Circle S Drive, Ammon Brent L. Wahlquist, 3400 Owen, Ammon Melvin Rosen, 2985 Meadow Lane, Ammon Virginia Smith, 2110 Midway, Ammon Jay T. and Sally Ellis, 2195 Midway, Ammon Lee and Julie Bean, 3858 Marlene, Ammon Denice Steele, 1950 Sunflower Circle, Ammon Michael and Vesta Baker, 3085 Owen Street, Ammon Marvin Anderson, 2955 Central Avenue, Ammon Dorwin Pierson, 1710 Avocet Avenue, Ammon Steven D. Pierson, 3140 Midway, Ammon Mark, Nancy, and Susan Lembrich, 2640 Salmon, Ammon Scott Roxanne Carlson, 3100 Midway, Ammon Randy Trane, 2325 Cabellaro, Ammon Valerie Loveland, 3325 Rawson, Ammon Shane R. Williams, 2175 Cabellaro Drive, Ammon John and Donna Hale, 1955 Midway, Ammon Gary Basinger, 2100 Heather Lane, Ammon John Mortensen, 2030 Heather Lane, Ammon Delma Mitchell, 3340 Southwick, Ammon Scott and Jean McMurtrey, 1830 Cabellaro, Ammon William Charles Carr, 3974 Wanda, Ammon Layne and Tami Barber, 1975 Spencer Lane, Ammon Merrill E. Walker, 3874 Brookfield Lane, Ammon Steve and Ben Fuhriman, 1810 Avocet, Ammon Bryce and Pam Dixon, 2215 Cabellaro, Ammon Dixie Delaney, 3320 Southwick, Ammon Brad H. Hall, 1895 Cabellaro, Ammon Gene Birch, 2995 Central Avenue, Ammon Orland Bailey, 2810 Salmon Street, Ammon Paul Douglas L. Diamond, 1860 Spencer Lane, Ammon Kathy, Desiree, and Chantel Bailey Linda Cleverly, 2830 Teton Street, Ammon Randy Flegel, 2855 Teton Street, Ammon Carol Sanders, 2835 Salmon Street, Ammon Karen Anderson, 465 Advantage Lane, Ammon George III and Peggy Watkins, 2155 Midway Avenue, Ammon Kent Wood, 1840 Heather Lane, Ammon Kevin and Connie Hadley, 2990 Avocet Drive, Ammon Scott R. Wessel, 1880 Cabellaro, Ammon Blaine and Lorene Rhodes, 3160 Rawson Street, Ammon Ron and Vickie Salisbury, 1815 Sabin Drive, Ammon Lance and Cynthia Blackwood, 2195 Cabellaro, Ammon Ned and Susanne Hawkins, 1980 Falcon Drive, Ammon Paul and Phillip Fairbourn, 770 Matchpoint Drive, Ammon Joshua Debra Taylor, 3130 Owen Street, Ammon Roger and Ruby Englis, 2530 Hillam Drive, Ammon George M. and Kairle Hill, 1925 Heather Lane, Ammon Blaine Davis, 1895 Avocet, Ammon Brian G. and AnnJanette Passmore, 3285 Circle S Drive, Ammon Steve and Judy Westergard, 1860 Cabellaro, Ammon Michael E. Jones, 1805 Midway Avenue, Ammon Ron and Brenda Hatch, 3200 Midway Avenue, Ammon Bruce Dobson, 2255 Midway Avenue, Ammon Allan R. Johnson, 1820 Heather Lane, Ammon Wadsworth I I I I I I 183 February 2, 1995 Jerry Mitchell, 3751 Marlene, Ammon Patrick Mayo, 1980 Sunflower, Ammon Anthony Brian and Jill Hobbs, 2165 Cabellaro, Ammon Kelly King, 380 Advantage Lane, Ammon Tony Nolan B. Getsinger, 2840 East 17th Street, Ammon The Pledge of Allegiance to the Flag was directed by Councilman Maeser, and the invocation was offered by Valerie Loveland. Jacqueline L. Harwood, 3320 Circle S. Drive, requested a Home Occupation Permit for "Fluff-n-Stuff Creations." Mrs. Harwood plans to create various craft items in her home and to take them outside the home for sale. There will be no employees and no additional traffic. She can comply with the requirements outlined in City Code Title XI, Chapter 5-27-H. Councilman Maeser moved to approve the application for a Home Occupation Permit for Jacqueline L. Harwood, 3320 Circle S Drive. The motion was seconded by Councilman Crandall. Roll call vote: Maeser - Yes; Crandall - Yes; Hall - Yes; Loveland - Yes. The motion carried unanimously. A group of citizens appealed the decision of the City Council to construct a new City Building. Layne Barber, 1975 Spencer Lane, was spokesman to represent the concerned citizens coalition. Mr. Barber expressed appreciation to the City Council for the opportunity to appeal and for hearing the peoples I views. The elected officials were commended for their efforts to make Ammon a better community now and in the future. The appeal was presented as follows: "Please accept this as a formal appeal to the decision made by the City Council on January 19, 1995, to locate and construct a new City building on a site located at the corner of Midway and Southwick. "At the City Council meeting on January 19, 1995, numerous issues were raised regarding the decision to proceed with the construction of a new City Hall at the above-mentioned location. These concerns included concern over documentation proving a real need for the building, if there were other more appropriate or urgent uses for the funds, if the impact in a residential area had been considered. A most significant question to the Council related to how the construction of this building in terms of location, size, and content fit in with the long term goals of the City of Ammon. "In response to the question regarding the City building in context of a long range plan, the Council replied that the City did indeed have a 20 year comprehensive master plan. Citizens were further advised by the Mayor in a subsequent meeting that the appeal process was open regarding this decision, but would be most effective if the appeal included feasible alternatives to the council decision. The burden of proof was shifted from the Council to the citizens of the City. As a result, this concerned group of citizens has responded to the request to explore alternatives. In the course of "doing our homework" one of the first documents reviewed was the Comprehensive Master Plan for the City. "Please note a direct reference from page 22 of that document, under the heading Recommendations and Policies a section is devoted to City Buildings. To quote: The City has plans to relocate its fire department just off 17th Street which is nearer the geographical center of town. It is recommended that this idea be expanded to accommodate long-term future city expansion. There should be adequate space to allow a centralized area for all City functions and provide room for growth as the need occurs. It may start with a fire station and eventually consist of a separate city building, a police station, and a branch library. In the interim period the open space could serve as a city park, providing an easily accessible, aesthetically pleasing community center. The City has purchased, and appropriately, four acres north of 17th Street near Midway Street. The long range plan is to relocate the major portion of the City Building to this location. (Revised 10/15/81) "The decision made by the City Council clearly is a dramatic departure from the 20 year strategic plan. The obvious question becomes one of wondering why the Council is not following the plan set out in the adopted City planning document? "This appeal concludes with a request that the decision to obtain bids and proceed with the construction of a City building be delayed until the Council can respond with justification and documentation for the drastic departure from the City comprehensive plan. This response must include: 184 February 2, 1995 "(1) Documentation of a chronological list of events, meetings, hearings, or any other action that resulted in the total departure from the master plan. This should provide documentation that all appropriate factors that should have been part of this critical decision were considered. These will include but not be limited to establishment of need, consideration of impact to any residential areas considered, and long term planning. "(2) Documentation of all budgetary considerations discussed and analyzed regarding this proposed expenditure, including any discussion, meetings, or analyses performed regarding possible alternative uses of these city funds based on real need and community input. "In summary,the burden of proof is respectfully shifted to the City Council in this matter, which is an appropriate request for accountability and documentation for those, citizens e1ec.ted to represent the citizens of Ammon. "A town meeting has been scheduled for Thursday, February 9, 1995, at the Ammon School to allow the council to provide a response to these questions. Citizens throughout the City will be invited to provide input and an opportunity to hear the Council response. "Thank you for your consideration of this vital issue." The appeal is signed "Concerned Citizens of Ammon" and bears signature of the following: Denise Johnston, Jim Johnston, Cherie Hendricks, Dennis Hendricks, Betty Diamond, Judy Welch, Scott Welch, K. E. Sommer, Terri Sommer, Julie Minton, James D. Minton, and Jeanell Coyne. Mr. Barber proposed that the City Council make a motion to accept their appeal and to be willing to be present at the town meeting on February 9, 1995, to discuss the plans for a City Building and to provide documentation for their decision. Mayor Ard asked for a show of hands of those present to represent the citizens' coalition group. Also, a show of hands was asked for those who support the decision for a new City Building. There were others present who apparently were interested in information only since they did not indicate for or against. No count was taken, but it appeared the groups were equally divided. The citizens were asked to clarify what major problem they have with the Council's decision. They responded that they are uncomfortable with the whole decision making process. They want Council documentation that all issues have been adequately considered. The issues they would like a better understanding of are the need, site selection, research, vehicular and pedestrian traffic, options considered for use of funds, compliance with the Comprehensive Plan, impact on the residential area, long range plans, projected growth, and goals for the City. Gerald B. "Jerry" Mitchell, former Mayor of Ammon, recommended the use of a site selection committee. He also stated he did not recall discussing a location for a new City Building while he was in office. Mayor Ard said he had discussed City Building issues with former Mayor Russell Swensen. Mr. Swensen indicated that he remembered that when Well No. 7 property was purchased that it was considered as a possibility for City facility development. However, at that time it was hoped that sometime it would be possible for the City to purchase 17th Street frontage. Mayor Ard also reported that he had been contacted about two other proposals to consider but details are not ready for presentation. The Council discussed how to respond to the citizens' appeal. Attorney Anderson advised the Council could participate in a public information meeting on February 9, 1995, as scheduled in the appeal. However, at such a meeting the Council could take information, but they would not be able to make any decision. In order to comply with the open meeting law, business and/or decisions need to be conducted at a regular scheduled meeting or at a specially called meeting following the proper notice procedures. The Council agreed they want the people to feel good about their decision, and they want to take action within the framework of the law. Councilman Hall moved to reset the reg.u1ar meeting of the City Council from Thursday, February 16, .to Thursday, February 23, 1995, at 7:30 P.M. at a place to be determined, in order to reopen the Public Hearing to consider construction of a new City Building, and, in the meantime, the architects are to stop work on the plans so as to not incur further costs. The motion was seconded by Councilman Maeser. Roll call vote: Hall - Yes; Maeser - Yes; Crandall - Yes; Loveland - Yes. The motion carried unanimously. The citizen's coalition requested that the City Council, the architects, or the City Attorney make a good presentation of the history of the decision to build a I I I I I I 185 February 2, 1995 new City Building during the meeting on February 23. It was brought out that the input of the current City Council can be presented, but it would be hard to document decisions made several years ago. Representatives of the Planning and Zoning Commission should be invited to provide input on the overall planning process. Since it will be difficult to !give each individual an opportunity to speak at the hearing on February 23, it was suggested spokespersons be designated to present testimony. The meeting scheduled for February 23 will take the place of the town meeting requested for February 9, 1995. Layne Barber expressed appreciation to the citizens for their input and again thanked the Mayor and City Council for responding to the appeal of the citizens' coalition. At the last City Council meeting, NB Architects were asked to provide some estimates on construction costs and fees for the new City Building. Mayor Ard requested a progress report. Kevin Bodily reported specifications had been outlined for two contractors to obtain estimates. The estimates received showed construction costs near $300,000 without any fees. The specifications were reviewed and discussed. Areas where cost might be conserved were suggested. The architects stated they had studied the estimates and with some trimming, they were of the opinion the building could be built for under $300,000 including fees. Interested citizens asked questions, and the architects responded. It was pointed . out that the plans specified construction with materials that would require low maintenance. However, the building is not frivolous. "It will be an attractive building, but it will not be marble lined." Plans are on hold until the location problem is resolved. The Council agreed to keep the architects informed. Michael Jepsen of Jepsen Insurance Management Company discussed the City's liability insurance coverage through the Idaho Counties Reciprocal Management program. The Urban Renewal Agency has been included in the City of Ammon's policy, but ICRMP is requiring that the two entities be written separately. Therefore, an application has been prepared for the Ammon Urban Renewal Agency. The premium on the City's policy was reduced with the separation. The combined premium for the individual policies will be less overall than the premium the City paid in 1994. ICRMP has increased their primary coverage to $2,000,000. There was a question about who should pay the premium for the Urban Renewal Agency policy. Urban Renewal does not have funds until the tax increment financing is completed. Attorney Anderson advised that the City owes protection to the appointed Board. Councilman Hall moved to have the City of Ammon pay the first annual liability insurance premium for the Ammon Urban Renewal Agency in considration of the work that has been done by our own people. The motion was seconded by Councilman Crandall. Roll call vote: Hall - Yes; Crandall - Yes; Maeser - Yes; Loveland - Yex. The motion carried unanimously. Terms of Planning and Zoning Commission members Elaine McGary, Ronald Folsom, and Roger Stommel are expiring on February 28, 1995. All have agreed to continue to serve, and Mayor Ard recommended reappointment subject to Council confirmation. Councilman Maeser moved to confirm the recommendation of Mayor Ard to reappoint Elaine McGary, Ronald Folsom, and Roger Stommel to serve three year terms on the Planning and Zoning Commission. The motion was seconded by Councilman Loveland. Roll call vote: Maeser - Yes; Loveland - Yes; Crandall - Yes; Hall - Yes. The motion carried unanimously. The traffic study of the original townsite is in progress at this time. It is anticipated this study will help to correct some problem areas. Councilman Maeser reported grant research. To date, Jeff Summers is optimistic that E.C.I.P.D.A. has almost completed the survey on the the figures show that Ammon doesn't quite qualify, but about the final results. Reports: Engineer Benton discussed historical information on the McCowin Park location for a City Building. He agreed to put together some maps to show possible sites available that meet the criteria that a City Building not be located on a major belt loop and how a City Building would be compatible with the neighborhood. Anderson Lumber Company has commenced site work, and they have submitted their building plans. Fire Chief Cal Smith presented a sample agenda for a Council/Fire Department meeting. The agenda is geared toward the Fire Department giving the Council a better understanding of their program in the areas of administration, fire prevention, training, and maintenance. They would like the Mayor or an appointed Councilman to review the budget process with them. The meeting will be scheduled for sometime in March. An outline was submitted for changes to update our ordinance to comply with the latest adopted Uniform Fire Code. It was requested that the Council and the attorney review the changes and make recommendations. The Bureau of Land Management wants to enter into a mutual aid agreement with the City of Ammon. Chief Smith will discuss the proposal further with BLM to clarify details because Ammon would be responding out of our jurisdiction and BLM 186 February 2, 1995 has specific requirements. A copy of their proposal will be submitted to the attorney for review. The Fire Department wants an updated map of the City of Ammon. Public Works Director Wadsworth reported the new garbage truck has arrived and is in use. It is working out quite well. They were able to get a whole route on one truck. The new park mower is set up in the shop so the Council can inspect it. Councilman Loveland reported the Ammon Recyling group has applied for another grant from Pacificorp to purchase additional trees for the walking path project. Mayor Ard reported on a letter received from TCI (Cable Television) regarding some changes in their fee schedule. Public Works Director Wadsworth was asked to work with Hillcrest High School on the street signs they are interested in placing on the school entrances. Residents expressed some concerns. They would like more newsletters to help them better understand the problems and the plans. Merrill Walker inquired about the water supply, and the Council explained about the City's water system. Nolan Getsinger asked about East 17th Street traffic flow plans. Claims were approved. Councilman Crandall moved to adjourn the meeting, and the motion was seconded by Councilman Loveland. The meeting was adjourned at 9:40 P.M. C3<Q MAYOR ~------- ATTEST .) J ~~J (7.V~/~-e..e4 CITY CLERK (//' I I I