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Council Minutes 02/06/2003 CITY OF AMMON February 6, 2003 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 Karen Y. Anderson Council member W. Lee Bean Councilmember Leslie Folsom Councilmember Randy G. Waite Attorney Scott Hall Engineer Bill Manwill City Administrator Bruce Rose Planning and Zoning Commission Chairman Tom Hunsaker City Clerk Aleen C. Jensen Council member Folsom led the Pledge of Allegiance to the Flag and Council member Anderson offered a prayer. Minutes: Council member Folsom moved to approve the minutes of City Council Meeting held January 16,2003. Council member Anderson seconded the motion. Roll call vote: Folsom - Yes; Anderson - Yes; Bean -Yes; Waite - Yes. The motion carried unanimously. Plannina and Zonina Commission AppOintments: Mayor Ard talked to the members of the Planning and Zoning Commission whose terms are expiring on February 28,2003. They each expressed a willingness to continue to serve as a member of the Commission. Mayor Ard recommended to the City Council the reappointment of Cindy Donovan, Maxine Hardy, and Greg Maeser for three-year terms on the Planning and Zoning Commission. Also, Jarin Hammer was interviewed to fill the unexpired term of Dick Bybee, and Mayor Ard recommended that Jarin Hammer be appointed as a new member of the Commission. Council member Folsom moved to confirm the recommendation of Mayor Ard to reappoint Cindy Donovan, Maxine Hardy, and Greg Maeser to the Planning and Zoning Commission for three-year terms. Councilmember Waite seconded the motion. Councilmember Anderson called for discussion. Council member Anderson expressed her feeling that the Planning and Zoning Commission should be a citizen's commission, a place where the common man can have some weight in the government decisions. When you start on the Commission, you start as a citizen. You learn a lot and come up to speed after City Council Meeting, February 6, 2003 - Page 2 the first year. Eventually, after you have been on the Commission for six years, you become a politician by virtue of the fact that you are now making decisions and becoming influential. At that point, if you want to run for political office, you should. I think two terms on the Planning and Zoning Commission is enough. The Commission members need to feel more connected to the people in the neighborhood than they feel connected to the City Officers. That is one of the good parts about the Planning and Zoning Commission. In the past it has been difficult to lose members because they have been staff. Now we have a City Administrator and a supporting staff, that is an issue that has somewhat gone away. If you appoint new members, you make new friends and get new people involved in the government of Ammon. The law in the State of Idaho limits the Commission members to two terms. The same law protects the Commission by providing that no more than a third of the Commission members can be reappointed every year. That translates to people in Ammon having an opportunity, one or two at the most a year, to be appointed to the Planning and Zoning Commission. By reappointing members who have served two terms, we take away the opportunity for other people to serve. Roll call vote on the reappointment motion: Folsom - Yes; Waite - Yes; Bean - Yes; Anderson - No. The motion carried. There was a discussion on what date the Commission member terms expire. We have been using an expiration date of February 28 as a uniform date. According to Idaho Code and to City Code, terms are to expire on December 31. By ordinance, the official expiration date for all appointments will be December 31. Council member Folsom commented that the Legislature is trying to change the term limits for Planning and Zoning Commission members. Six years is not enough time to gain experience to operate our City efficiently. We need to have the experience continue. There are very few places in the state that obey the term limits. City Administrator Bruce Rose explained that cities and counties are lobbying to change the term limits. Council member Folsom moved to confirm the recommendation of Mayor Ard to appoint Jarin Hammer to fulfill the unexpired term of Dick Bybee who has resigned. Councilmember Waite seconded the motion. Roll call vote: Folsom - Yes; Waite - Yes; Bean - Yes; Anderson - Yes. The motion carried unanimously. The new terms of Donovan, Hardy, and Maeser expire December 31, 2005. The term of Jarin Hammer expires December 31, 2004. Consent Aaenda - licenses: A copy of the Consent Agenda is attached to these minutes as Exhibit A The Council reviewed the license applications for 2003 as specified on the agenda. Councilmember Bean questioned why Marina City Council Meeting. February 6. 2003 - Page 3 Hansen, dba Building Tots Preschool, 3430 East Sunnyside Road applied for a general business license rather than a home occupation permit. It was explained that Ms. Hansen is operating her preschool as a business in a C-1 zone. It is not a home occupation. Councilmember Anderson commented on day cares as a home occupation. Day cares do not meet the 25% requirement of a home occupation permit. City Administrator Rose advised that day cares are scheduled for discussion on the work session agenda of February 11. Citizens need to be involved in day care licensing. Councilmember Anderson had a question about retail sale of beer by the can or bottle not to be consumed on the premise. She wondered if there are any restrictions on how many businesses can obtain a license for the retail sale of beer. There are no number restrictions. Retail sale of beer is a use allowed in the commercial zones. Council member Bean moved to approve the Consent Agenda as presented. Council member Folsom seconded the motion. Roll call vote: Bean - Yes; Folsom - Yes; Waite - Yes; Anderson - Yes. The motion carried unanimously. Recoanition of Citizens from the Floor: Mayor Ard welcomed the four Boy Scouts who were present. Each stood to state his name and to explain what merit badge he was working on. The Cottaaes Homeowners: Dana Kirkham, 2395 South Fieldstone Court. stated the homeowners are experiencing the same problems they have had since inception. She presented a list of their concerns and two pictures to show problem areas. They held an informal homeowners meeting and made plans to meet formally on February 12 to organize an association. They requested to be on the agenda for City Council meeting on February 20. The roads continue to be in serious disrepair and represent a safety hazard. A month or so ago there were serious drainage problems. A lot of the homes had flooding in their basements and around some homes curbing fell in. There are big gaping holes on the sides of the road. They fill with water and you can not see that there is a hole. There is concern that a child could fall in and drown. They have a weed problem that increases daily. There are large dirt piles created when the area was being cleared for development. The homeowners wonder who is going to move the dirt piles. The big question is whether or not there is a Development Agreement for The Cottages with Monopoly Properties LLC in the process of dissolving. Some property owners have received letters threatening a lien on their property because paving materials for roads adjacent to their property have City Council Meeting, February 6, 2003 - Page 4 not been paid for. George McDaniel has advised the homeowners that the City has accepted the neighborhood, and he claims the City is responsible. Attorney Scott Hall reported Monopoly Properties LLC forfeited their status on January 6, 2003. A new entity, Foothill Properties LLC, has been created. The member-manager is George McDaniel, and the registered agent is Winston Beard. Attorney Hall read from a letter stating Mr. Pickett of Monopoly Properties is no longer responsible for The Cottages. A discussion followed on who is responsible. The Mayor and City Council advised that the City has not accepted The Cottages and that the Development Agreement goes with the property. The new owner is subject to the Development Agreement. It is questionable about what the City can do about the list of concerns. Some of them are the homeowners' responsibility. Councilmember Bean recommended that representation from the homeowners, George McDaniel, and representation from the City meet to discuss the issues. Dana Kirkham requested that the City require a performance bond or some kind of surety for any future development. Attorney Hall advised the City may have to enforce performance bonds as part of a development agreement. All developers are to be treated equally. Heidi Simmons, 2580 Stafford Cove, asked for clarification about the Development Agreement. Attorney Hall responded to her questions. He explained the City has not accepted the roadways and the other systems required in the Development Agreement. Until the City does, the City does not have the liability. When the City does accept, they have the duty to maintain the roads, etc. A discussion followed on liability and responsibility. George McDaniel has told the homeowners that he is no longer responsible and that he is just a homeowner like the rest of them. Councilmember Bean moved to put a freeze on all building permits in The Cottages until the situation is resolved. Councilmember Folsom seconded the motion. Roll call vote: Bean - Yes; Folsom - Yes; Waite - Yes; Anderson - Yes. The motion carried unanimously. Councilmember Bean recommended, if the City has need to expend any funds for The Cottages, that the City liens the property. Councilmember Folsom clarified the contract with Utah Power for the power costs on the well. It is not possible to waive the contract or the monthly power charges until the well is accepted. The monthly billing, which we have been receiving, is not a portion of City Council Meeting, February 6, 2003 - Page 5 the contract charge. It is for the actual power being used each month. The City should keep record of the monthly charges and keep the amounts on the table for future negotiations. George McDaniel arrived at the meeting and he was brought up to speed on the issues discussed. He was informed that the City had put a moratorium on building permits until the issues were resolved. The position of the Council is that the City has not accepted the roads or improvements. George McDaniel questioned why the City should refuse to issue building permits. He asked if the City believed there was a public safety issue. Alan Cunningham of Mountain River Engineering asked to go on record to clarify the drainage issue. Alan has told the residents they are going to continue to have drainage problems if they fill in the drainage swales. He wanted the Council to understand the residents are going to have problems, and the residents have to deal with the problems. City Administrator Rose proposed that the suggestion for a meeting is the best idea. Two members of the City Council and Staff can meet with representatives of The Cottages and George McDaniel. Dana Kirkham said the residents do not want to be unreasonable. The goal is to have a nice neighborhood. Putting a moratorium on building permits does not give the neighborhood a good reputation. She is willing for the City to go ahead with issuing building permits, but to get a meeting done in a timely fashion. tf George is not willing to comply with some of the things the homeowners want, then the City can put the moratorium on. A meeting was scheduled for Monday, February 10 at 4:00 p.m. in the City Building. The meeting is to be posted as a public meeting. Attorney Hall advised, if the homeowners do not want the moratorium, the correct procedure is a motion to lift the moratorium and to hold the meeting. If that does not resolve the issues, hold a public hearing two weeks from this day when all parties can be present to present their concerns and have their due process. At that time the City Council can decide whether or not to reinstate a moratorium. Councilmember Bean moved to rescind the moratorium. Council member Folsom seconded the motion. Roll call vote: Bean - Yes; Folsom - Yes; Anderson - Yes; Waite - Yes. The motion carried unanimously. Reaional Sewer Proiect Resolution: Mayor Ard introduced Resolution No. 2003-05, A RESOLUTION FOR THE CITY OF AMMON, IDAHO, SUPPORTING THE JOINT POWERS AGREEMENTS METHOD FOR FORMATION OF THE ORGANIZATIONAL ENTITY TO FUNCTION AS THE REGIONAL WASTEWATER TREATMENT AUTHORITY TO BE ESTABLISHED IN CONJUNCTION WITH THE IMPLEMENTATION OF THE PROJECT(S) PROPOSED IN THE COMPLETED REGIONAL WASTEWATER FACILITIES City Council Meeting, February 6, 2003 - Page 6 PLANNING STUDY. Attorney Hall reviewed the resolution and did not have a problem with it. The same resolution was presented to Bonneville County and it was adopted. Councilmember Folsom moved to accept Resolution No. 2003-05 to support the joint powers agreement for the Regional Sewer Project. Council member Bean seconded the motion. Roll call vote: Folsom - Yes; Bean - Yes; Anderson - Yes. The motion carried unanimously. Disposition of Railroad Car in McCowin Park: A railroad car has been located in McCowin Park to house a recycling program. At a City Council work session in October 2002, the staff was directed to discontinue the recycling program and to take steps to have the railroad car removed from City property. TMC Crane has removed the railroad car. The agreement with TMC Crane was to remove the railroad car and bill the City for the time and equipment at a cost not to exceed $400. TMC Crane has not billed the City. Attempts were made to donate the railroad car to other parties, but the City did not receive any interest. It has been brought to attention that the railroad car and its contents are listed as fixed assets of the City. Council member Bean moved to authorize disposition of the railroad car and to remove it from the City's fixed asset inventory. Councilmember Folsom seconded the motion. Roll call vote: Bean - Yes; Folsom - Yes; Anderson - Yes; Waite - Yes. The motion carried unanimously. Public Hearina on Annexation Request of Jay and Brent Johnson. Rockwell Homes: The Planning and Zoning Commission held a public hearing on Tuesday, February 4, to consider a request from Johnsons to annex 200 plus acres of property south of Ross Avenue to one-half mile passed Township Road. The purpose of the report was to advise the Council what transpired so that the Council can determine whether or to hold a public hearing or to accept the recommendation of the Planning and Zoning Commission. Basically this was the same request that was heard and approved by the Planning and Zoning Commission last fall but was openly tabled by the developer following the City Council hearing in November. The request came back with some changes as to the zoning. The proposal divided the property in six different parcels with various zoning. The Planning and Zoning Commission recommended approval of annexation with four parcels to be zoned as requested and with different zoning on two parcels. One party in interest testified in favor and three parties testified against the annexation. The concerns had to do with growth, traffic, snow removal, and schools. Councilmember Anderson commented that the request does not sound very controversial, but it is a very large annexation. Council member Bean recommended that the City Council hold another public hearing. Jay Johnson, developer, added input on preliminary work and changes on the proposal before it was resubmitted. This is a unique annexation and there are questions to be answered regarding the water and sewer before annexation City Council Meeting, February 6, 2003 - Page 7 of such a large piece of property. Jay Johnson expressed a willingness to work with the City. It was decided to not hold another public hearing before the City Council, but to schedule the request as an action item on the City Council agenda for Thursday, February 20. Jay Johnson stated he is committed to the City of Ammon and to building a community. Quail Ridae Well: No action was taken at this meeting. The well in Quail Ridge has been scheduled for consideration at the work session on Thursday, February 13, 2003. Reports: Engineer Manwill reported that a Sunnyside Road Update meeting has been scheduled for February 12 at 9:30 a. m. Attorney Scott Hall needed to provide information on the Larry Schuldt matter, but because it involves possible litigation the Council needs to go into Executive Session to discuss the issue. Councilmember Waite said he would like to visit The Cottages development to observe what the homeowners are concerned about. Public Works Director David Wadsworth agreed to take any of the Council members up to the area. The Council was cautioned to remember the public meeting law and to go one at a time and not as a group. Wal-Mart buffer for Falcon Drive: Council member Folsom reported a situation that she needed an opinion about from everyone. When the Wal-Mart project was approved, it was a big issue that a landscaping buffer would be required so that Falcon Drive was not visible as a through street. No certificate of occupancy was to be issued until all requirements are met. Landscaping has been done by Wal-Mart, but it is not sufficient to block the view. At present it looks like a straight shot from 17th Street down Falcon Drive to Wal-Mart. The City needs to do something immediately to stop the visibility. Wal-Mart has constructed a berm. They are aware that the trees planted on top of the berm are not acceptable and they need to make improvements. If the City is thinking of not issuing a certificate of occupancy or taking other action, the City needs to notify Wal-Mart as soon as possible. The City Council discussed what to do about correcting the situation. Tom Hunsaker of Planning and Zoning reviewed the history of the landscape buffer. The directive was, as you look north on Falcon Drive, all you would see is dense foliage. It could be a combination of berms, walls, bushes or whatever so you could not see through at least six feet high. When the building permit was applied for, the builder was advised the site plan did not meet the requirements. The building permit was issued with a caveat that the Wal-Mart plans do not meet the landscaping and it has to be fixed. Also, Tom sent a letter to the Engineer in Lakewood, Colorado, to advise that if the landscaping is not corrected Wal-Mart would not get a certificate of occupancy. Time is of the essence. It was recommended that a meeting be scheduled as City Council Meeting, February 6, 2003 - Page 8 soon as possible with the contractor, somebody from Wal-Mart, and a representative of the City Council. City Administrator Rose agreed to try to set up a meeting for Friday, February 7, at 4:00 p.m. in the Wal-Mart parking lot. Community preparedness: Council member Anderson reported much has occurred following the September 11, 2001 attacks on the World Trade Center and the Pentagon. President Bush has asked that citizens participate in the Homeland Security program to better prepare our nation to face the potential for terrorism within our homeland. Congress and the administration are making available funds for three categories of preparedness. Council member Anderson is interested in investigating the possibilities for pursuing a FEMA grant for the Fire Department. She has plans to attend a workshop on February 20, The Fire Department has an opportunity to participate in a grant program with Bonneville County through Community Emergency Response Teams (CERT). This program provides an avenue for increasing the level of community preparedness through functional training of citizens to make community residents more self-sufficient in the face of natural or man-made disasters. Additionally, graduates of the CERT program would be available to support first responders and county emergency managers, when requested. Mike T aysom of Bonneville County is writing the grant. City of Ammon fire calls are currently being dispatched on the new repeater frequency. False Alarms: Councilmember Bean discussed false fire alarms and false burglar alarms. Councilmember Anderson and Attorney Scott Hall agreed to work up an ordinance. Plannina and Zonina: Tom Hunsaker reported on the proposed RE Zone. There is one change under consideration. The Commission discussed the recommendation of the City Council on the height requirement for buildings. They tentatively decided to change it to thirty (30) feet. A discussion on height requirements followed. The Council thought two and one-half stories would be better than thirty (30) feet. Councilmember Folsom moved to adjourn to an Executive Session to discuss personnel matters and possible litigation information. Council member Bean seconded the motion. The regular meeting was adjourned. Mayor Attest: City Clerk