Council Minutes 06/20/2002
CITY OF AMMON
June 20, 2002
Minutes of the Public Hearing and 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
Councilmember W. Lee Bean
Attorney W. Joe Anderson
Engineer Bill Manwill
Public Works Director David Wadsworth
Fire Chief Clarence Nelson
City Clerk Aleen C. Jensen
Others Present:
Tom Hunsaker, 2925 Carolyn Lane, Ammon (Planning and Zoning Commission)
Sgt. Greg Black, Bonneville County Sheriff's Department
Julie Bean, 3858 Marlene Street, Ammon
Absent: Councilmember Karen Anderson
Council member Leslie Folsom
Councilmember Randy Waite
There was not a quorum of the City Council present so agenda items were discussed
and recommendations were considered, but no official action was taken.
The first item of business was a Public Hearing to consider a request for a side yard
variance at 2705 Sawtooth Street to allow the owner to build a single car garage.
Notice of the Hearing was published in the Post Register on June 4 and June 11, 2002.
Property owners within five hundred (500) feet and other interested parties were mailed
notices of the hearing.
Clea Fullmer, the owner of the property filed the request, and she is in the process of
selling the propery. As a condition of the sale, the prospective buyers required that the
owner apply for a variance to guarantee that they would be able to build a garage. The
request signed by Clea Fullmer states, "As said property is in the process of being sold,
recognition for the new owners to be able to hold the variance in their possession is
being requested."
Neither the owner or the prospective buyer was present. No other interested parties
came to the meeting to provide input. It was not possible to take any action, so Attorney
Anderson recommended that notice should be given to the owner or the prospective
buyer that someone should appear at the next City Council meeting to hear out the
request. The hearing was adjourned until the next the Council meeting on Thursday,
City Council Meeting, June 20, 2002 - Page 2
June 27, 2002. It is not necessary to publish an additional notice of hearing except to
notify the owner and prospective buyer. However, anyone interested can be heard at
the adjourned hearing. If the sale is closed, the new owners should carry the request
through, but they do not need to apply again.
The second item of business was a discussion of what action should be taken regarding
annexation of the County Islands. The Planning and Zoning Commission held a
public hearing on May 7, 2002. Councilmember Bean pointed out there has been a
considerable amount of interest, and it is a matter of the City Council making a
determination as to when to hold their public hearing.
Originally, annexation was promoted as a safety issue for fire and police protection.
However, it is questionable if the safety issue is a strong enough issue based on those
who do not want to be annexed. It was suggested that those who want to be annexed
be allowed to do so. Sants should be forced to annex because they are on City
services. Fire protection was discussed. The safety issue is a concern because of
confusion about who should respond.
Councilmember Bean asked Attorney Anderson, if the City provides or has to provide
fire protection for calls to County Islands outside the City limits, can we charge for the
service. We can charge, but we should make prior notice that there will be a charge for
out of City response.
Fire Chief Nelson reported the various Fire Departments have cooperated on accidental
calls to respond to minor incidents outside their own area. If our Department is called
for something bigger outside our jurisdiction, dispatch will be called to see if the
responsible department wants to respond or if they want Ammon to take care of the call.
Councilmember Bean did not have a problem with providing the County Islands with fire
protection if they are willing to pay for the service. If there is a problem with who
responds, City of Ammon will be happy to take the call but there will be a charge. There
was a discussion on an amount to charge. Fire Chief Nelson was asked to come up
with some information on charges for fire calls from the Bureau of Land Management
and the City of Idaho Falls. Councilmember Bean noted that charging to respond to
calls to County Islands, even though they are not annexed, was strictly his idea. Other
Council members may have different ideas.
Fire Chief Nelson asked how many actual properties in Ammon are considered to be
islands. Of the properties considered for annexation as County Islands, there are only
two or possibly three that are completely surrounded by City of Ammon. City boundary
lines were reviewed. We should plan to do a public hearing before the City Council to
complete the action on the annexation of the County Islands.
City Council Meeting, June 20,2002 - Page 3
June, July, and August are vacation months and we have experienced problems with
having quorum for City Council meetings. The adjusted meeting dates were reviewed in
order to make sure there would be a quorum present for each meeting. The dates were
confirmed as follows:
Special Meeting - July 27 at 7:30 p.m. (Agenda: Complete action on variance
for 2705 Sawtooth and reconsider motion made June 6
regarding Todd and Terri Johnston)
Regular Meeting - July 4 (Cancelled because of Independence Day Holiday)
Budget Wk.Mtg. - July 10 (Noon luncheon)
Special Meeting - July 11 at 7:30 p.m. (Agenda: Public Hearing on request
of Homestead Construction/Lee Gagner for rezone from
R-1 to C-1 in Eagle Pointe)
Regular Meeting - July 18 (Cancelled)
Special Meeting - July 25 at 7:30 p.m. (Consider whether to hold a public
hearing on annexation of the County Islands)
The City Council meetings will be back on the regular schedule of the first and third
Thursdays beginning August 1. August meetings will be August 1 and August 15.
Mayor Ard will not be present for the meeting on August 1. The Budget Hearing for the
fiscal year 2003 has been scheduled for August 15, 2002.
Mayor Ard asked Attorney Anderson to explain to him what we should do regarding
Todd and Terri Johnston since there was a tie vote. Attorney Anderson responded that
the motion should be opened for reconsideration.
Mayor Ard continued to question. "What are we voting on? We can't stop Terri from
rebuilding a home." This prompted a discussion.
Engineer Manwill responded that the motion would have been to revoke her home
occupation permit. When the vote was two to two, there was no action. Nothing
happened. Terri still has a home occupation permit.
Attorney Anderson did not recall how the motion was phrased. Engineer Manwill said
the motion was to approve Terri Johnston's plans, but the City Council does not
approve plans.
Attorney Anderson interpreted that it was in lieu of the City Council's approval of the
plans to conduct the business she is going to do under the home occupation permit. It
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was not per se approval of her building plans. What it came down to is whether or not
the Council is going to approve the home occupation permit.
Councilmember Bean said the motion was put in the affirmative rather than the
negative. Engineer Manwill said what should have happened was the motion should
have been to revoke the home occupation permit.
Councilmember Bean stated that, as far as he is concerned, he did not care if we do
any further action. He feels like the home occupation permit is in line and so is the
house. If it is put on the next agenda, it should be a review to revoke the home
occupation permit. She already has a home occupation permit. It is difficult to review to
revoke when the facility is not built.
Attorney Anderson has been trying to analyze the situation. All Terri wants to know is
when the house gets built is the City going to revoke the home occupation permit. We
are not going to revoke it unless she violates the requirements. The question is does
she violate. Two members of the Council claim she violates. One says she does not
have enough space. One says she is building the house just for the business. Attorney
Anderson advised that the City Council owes Terri Johnston some kind of response.
She has been very diligent in trying to get the approval.
Mayor Ard called Terri Johnston after he returned to town following the City Council
meeting of June 6. He asked Terri to answer some specific questions. His questions
were (1) Have you changed anything since we've talked about what you are going to do
as far as students? The answer was No. She said Hillcrest High School has offered
her a job to help with the cheerleaders or drill team. If she accepted, it would mean she
would actually have less time to teach in her home. She has no intention of increasing.
(2) Have you changed the plans from what we originally talked? No. (3) You are still
understanding that you have to meet all the regulations that we have placed on you and
that we can draw you back in at anytime? The answer was Yes. Mayor Ard did not see
why we needed to bring the issue up again until there was a reason to do so.
Attorney Anderson said there ought to be some right procedure. However, with what
Terri has gone through and the questions she has, it seems she is entitled to a
response saying if you do this and meet these conditions then you are okay. At this
point, the Council's decision is two and two. The question is how to deal with it.
Mayor Ard interpreted that the Attorney is saying that he has to vote to break the tie.
Mayor Ard asked if he could vote tonight on the motion that is set. He was advised that
he would have to vote in a regularly called meeting. No further hearing is required. The
motion was made to reconsider the motion. An agenda item on the next meeting is for
reconsideration of the vote taken. It does not need to be debated. The motion should
be read and a vote taken. The question was asked if the Council could discuss the
City Council Meeting, June 20,2002 - Page 5
motion before the vote is taken. Attorney Anderson said his inclination on a motion for
reconsideration is that it is non-debatable, but he will research the procedure.
The Preliminary and Final Plat of Briarwood Division No.6 was approved at the City
Council meeting on June 6,2002.
Council member Bean asked, regarding the well for Quail Ridge and The Cottages, if
George McDaniel had provided the City with a Performance Bond. He had not. "So we
shut off the building permits." George agreed to get the City a Performance Bond in lieu
of the City shutting off building permits and certificates of occupancy. He has not
provided a Performance Bond so Council member Bean does not want another building
permit issued. The City Clerk was asked to call George McDaniel in the morning to
remind him there would be no permits issued until the City receives the Performance
Bond. If George has any questions, he is to call Councilmember Bean. All it involves is
for George to talk to an insurance company to get a Performance Bond and to keep the
City up-to-date. At the June 6 meeting we gave him six weeks for completion. Another
question for George is does he have the variable speed pump in. The City is getting
more complaints. The pump was to be in within a week.
The City Clerk reported that the latest bill from Utah Power for the booster pump was up
to about $600. There are still water problems for Quail Ridge and The Cottages, and it
is not right. George tells us one thing, and it does not happen. Shut off the building
permits until he gets a Performance Bond and the variable speed pump replaces the
booster pump.
Tom Hunsaker added that he was not sure if we have been doing it for the last couple of
weeks, but he thought there was already a moratorium on building permits. Mayor Ard
said to make sure the developer understands there are to be no building permits. David
Wadsworth said in the last week and a half that four building permits had been issued in
The Cottages. Engineer Manwill understood the building permits were to be stopped,
but George agreed to get the bond so we would not stop them.
The City Office has received two more applications for fireworks permits. One is for
Kmart and one is for Acme Discount Fireworks at Teton Spectrum. If the Fire
Department approves the applications, there is no problem with issuing the permits.
Sgt. Greg Black circulated reports for May 2002 from the Bonneville County Sheriff's
Department. One was an Event Summary for Ammon and the other one was a
compilation of the number of events per category. Those present reviewed the reports
and asked questions about items on the reports.
Julie Bean inquired about the status of the horses at 2030 Ross Avenue. She was
concerned with the regulations. David Wadsworth explained the problem is a spacing
City Council Meeting, June 20, 2002 - Page 6
problem. The owner does not have a big enough lot to do what he is doing. The shed
for the horses needs to be one hundred feet away from any other building. Julie Bean
would like a copy of the City code concerning keeping of animals in the City.
Fire Chief Nelson reported for the Fire Department. Public Works Director Wadsworth
reported that the Parks Director is on the job. Mayor Ard asked about the sprinkler
system in Eagle Pointe Park, but there was no information available.
The City Clerk reported that the Public Employee Retirement System of Idaho
(PERSI) is holding two workshops to help participants with financial planning at the City
of Shelley Council Chambers on Monday 24, 2002. The Blue Shield health insurance
contract is up for renewal on July 1. The new contract increases the monthly total
premium for all of the employees about $250 per month. The City Clerk was asked to
see if we sign the new contract that it locks us in to the program for a period of time.
We have little choice when it comes to providing health insurance benefits for the
employees. A group is putting together a self-funded program called the GEM Plan,
which is to be available October 1. The program will be discussed at the AIC Annual
Conference in Pocatello. Ken Harward, Executive Director of the Association of Idaho
Cities, has requested that a representative of City of Ammon attend the Urban Renewal
workshop at the AIC Annual Conference.
The meeting was adjourned at 8:30 P.M.
MAYOR
Attest
City Clerk