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Council Minutes 01/03/2002 CITY OF AMMON January 3, 2002 Minutes of the Regular Meeting of the Mayor and the 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 Councilmember Harvey L. Crandall (Retiring) Councilmember Leslie Folsom Council member Ira K. Hall (Retiring) Councilmember Karen Y. Anderson (Councilmember Elect) Councilmember Randy G. Waite (Councilmember Elect) Attorney W. Joe Anderson Engineer Bill Manwill Public Works Director David Wadsworth Fire Chief Clarence Nelson City Clerk Aleen C. Jensen Others Present: Ken Lembrich, 2640 Salmon Street, Ammon Sgt. Greg Black, Bonneville County Sheriff's Deputy Laurie and Dustin Ard, 4315 Wanda Street, Ammon Carol Waite, 2235 Cabellaro Drive, Ammon Bryce Anderson and Son, 755 Tie Breaker, Ammon Lee Erickson, 1985 Dove Drive, Ammon Tom Hunsaker, 2925 Carolyn Lane, Ammon Terri Scott, City Office Councilmember Crandall led the Pledge of Allegiance to the Flag and Councilmember Bean offered a prayer. Unfinished Business: Attorney Anderson introduced Ordinance No. 301 by title, AN ORDINANCE OF THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO, VACATING A CERTAIN UTILITY EASEMENT IN TRAILWOOD VILLAGE SUBDIVISION DIVISION NO. 1 TO THE CITY OF AMMON; PARTICULARLY DESCRIBING THE UTILITY EASEMENT TO BE VACATED, AUTHORIZING THE VACATION OF SUCH UTILITY EASEMENT; PROVIDING FOR AN EFFECTIVE DATE. The ordinance was read in full. Councilmember Folsom moved that the City Council dispenses with the rule requiring the reading of the ordinance on three different days and that the three readings of Ordinance No. 301 be waived. Council member Crandall seconded City Council Meeting, January 3, 2002 - Page 2 the motion. Roll call vote: Folsom - Yes; Crandall - Yes; Bean - Yes; Hall _ Yes. The motion carried unanimously. Councilmember Folsom moved the adoption of Ordinance No. 301 as an ordinance of the City of Ammon on its third and final reading. Councilmember Crandall seconded the motion. Roll call vote: Folsom - Yes; Crandall - Yes; Bean - Yes; Hall- Yes. The motion carried unanimously. Attorney Anderson reported that he and Mayor Ard had discussed going ahead with the annexation of the Barbison property for the Wal-Mart development. The discussion was before Attorney Anderson had an opportunity to review our Memorandum of Understanding with the City of Idaho Falls. Section 1 of the Memorandum reads, "The east side of Hitt Road will serve as the common boundary between impact areas for the City of Idaho Falls and the City of Ammon, excepting the area bounded by Hitt Road on the west, Sand Creek on the east, First Street on the south and the quarter section line on the north (consistent with the Preliminary Plat filed in 1987 and more commonly known as Ivan's Acres), annexed to or proposed to be annexed to the City of Idaho Falls; and, that area immediately east of Eastern Idaho Technical College, which lies between Hitt Road and Sand Creek, and is currently annexed to the City of Idaho Falls." Section 2 reads, "The Cities of Ammon and Idaho Falls agree not to annex into each other's respective impact areas unless otherwise mutually agreed upon by both parties." The Memorandum restricts us from annexing that strip right next to Hitt Road between there and Sand Creek until we mutually agree with City of Idaho Falls. Attorney Anderson advised we should not go ahead with the annexation with that restriction. An alternative, to deferring action and waiting to see if we can work it out, is to go ahead and annex everything up to the West Bank of Sand Creek. Council member Bean updated the Council on a talk with representatives of Boyle Engineering. The end result of the conversation was they are getting pressure from Wal-Mart to close the deal by the end of February. It was recommended that Boyle Engineering contact Bart Davis to find out if they can negotiate or to go directly to the Department of Public Lands and make an offer to purchase the disputed piece of property. Engineer Manwill pointed out that there is a question about how much property City of Idaho Falls did annex. There is some uncertainty as to exactly how much they annexed and how much they did not. It is not clear-cut, but there is a portion that they have not annexed. City Council Meeting, January 3, 2002 - Page 3 Bart Davis had advised Attorney Anderson that he received a map prepared by the City off Idaho Falls showing the overlay between what they had annexed and what the proposed annexation to Ammon was. Attorney Anderson expressed interest in seeing that map. Engineer Manwill had not seen that map. There was Council discussion. Attorney Anderson suggested that the Council move to table annexation until we get the definitude of description. City of Ammon wants to go ahead with annexation of the property regardless of the Wal-Mart development, but we will have to alter the description depending on the determination. It would be cleaner to have the correct description. Councilmember Crandall moved to table action to annex the Barbison property pending a decision between City of Ammon and City of Idaho Falls on the description. Councilmember Folsom seconded the motion. Roll call vote: Crandall - Yes; Folsom - Yes; Bean - Yes; Hall - Yes. The motion carried unanimously. Council member Crandall moved to table the ordinance to complete the rezone of the parcel of 6.46 acres in Oak Ridge Division NO.1 from R-1 and R-2A to HC-1 together with the ordinance to annex the Barbison property with an initial zone of HC-1. Council member Folsom seconded the motion. Roll call vote: Crandall - Yes; Folsom - Yes; Bean - Yes; Hall - Yes. The motion carried unanimously. Mayor Ard reported on fiscal matters of the City. Claims for products and services are current. The firm of Galusha, Higgins, and Galusha is working to complete the audit for Fiscal Year 2001. The annual Street Finance Report has been filed with the State Auditor. Councilmember Crandall moved to approve the minutes of City Council Meeting held November 15, 2001. Council member Hall seconded the motion. Roll call vote: Crandall - Yes; Hall - Yes; Bean - Yes; Folsom - Yes. The motion carried unanimously. Councilmember Bean moved to approve the minutes of City Council Meeting held November 1, 2001. Councilmember Crandall seconded the motion. Roll call vote: Bean - Yes; Crandall - Yes; Hall - Yes; Folsom - Yes. The motion carried unanimously. City Clerk Aleen Jensen administered the Oaths of Office to the City Officials who were elected at the General Municipal Election on November 6, 2001. C. Bruce Ard, Mayor; Karen Y. Anderson, Council Member; and Randy G. Waite, Council Member repeated Oaths of Office. Each of the officials was elected to office for a term of four years. Each signed an Oath of Office, and each was presented with a Certificate of Election. City Council Meeting, January 3,2002 - Page 4 Mayor Ard gave a State of the City Message. City of Ammon has experienced lots of growth. Commercial development during 2001 included Sonic Drive In and LaRall Kent's property. This coming year we anticipate a new Eastgate Drug, additional commercial development by LaRall Kent, Wood Funeral Home, Arave's Service Station/Convenience Store, and possibly Wal-Mart. Residential development continues in Briarwood, Eagle Pointe, Centennial Ranch Divisions 10, 11, and 12, Quail Ridge, The Cottages, Oak Ridge, and Trailwood Village. City of Ammon was responsible for about one-third of the new construction in Bonneville County, City of Idaho Falls, and City of Ammon. The biggest project of 2001 was Owen Street widening. This coming year we hope to see work on the Sunnyside Road project with Bonneville County and City of Idaho Falls. The bid has been let on the bridge over Sand Creek, and it should be finished before the water comes in next spring. Work is underway on the other bridges in Ammon. The right-of-way should be the next thing to happen. It appears that the Sunnyside Road project will probably be a two-year project. That may not be all bad because it will help us to stretch the money. In the budget we have budgeted for some new employees in sanitation, parks, and possibly the office. Next summer we should have another well up on the hill as part of Quail Ridge and The Cottages development. Also, future plans include a storage tank at the new well to help pressurize the City system. We need two new members on the Planning and Zoning Commission. Mayor Ard made the following City Council assignments: Public Works - Randy Waite as Chair Member with Lee Bean and Mayor Ard as Advisors Police, Fire and Safety - Karen Anderson as Chair Member with Leslie Folsom as Advisor Parks and Recreation - Leslie Folsom as Chair Member with Lee Bean and Mayor Ard as Advisors Fiscal Operations - Lee Bean as Chair Member with Mayor Ard and Leslie Folsom as Advisors Planning and Zoning Commission - Karen Anderson as Liaison with Randy Waite as Assistant Mayor Ard welcomed the new officials to the City Council. He encouraged all to work together and to move forward to meet the challenges of the City. City Council Meeting, January 3, 2002 - Page 5 Lee Erickson, 1985 Dove Drive, requested a home occupation permit for computer repair. He does not have any employees. No one will be coming to his house. He goes to where the computer is located. Councilmember Folsom moved to approve a home occupation permit for Lee Erickson, 1985 Dove Drive, for computer service. Councilmember Bean seconded the motion. Roll call vote: Folsom - Yes; Bean - Yes; Anderson - Yes; Waite - Yes. The motion carried unanimously. We need to make a replacement on the Tree Committee. Ron Folsom has recommended that we consider Gawn Reid, 3235 Ross Avenue. Gawn is willing to accept the position, and Mayor Ard asked the City Council to confirm his appointment. Councilmember Folsom moved to confirm the appointment of Gawn Reid as a replacement on the Tree Committee. Councilmember Waite seconded the motion. Roll call vote: Folsom - Yes; Waite - Yes; Bean - Yes; Anderson - Yes. The motion carried unanimously. The City Office continues to receive complaints about garbage collection. Mayor Ard had copies of some of the complaints added to the Council's information packet. Lids seem to cause a problem. If a resident puts the lid on his can, he wants the garbage crew to put the lid back on after the can is emptied. Another concern is throwing the cans and not standing them up. The issues were discussed. If residents do not want to use a lid, that is their choice. However, the resident is responsible if the garbage gets scattered. The garbage letter was sent out to help standardize collection so the garbage crew was not trying to buck fifty gallon drums and everything else into the back of the garbage truck. The residents have been responsive, and the City needs to do our part. Public Works Director Wadsworth agreed to work with the crew on how they handle the cans. It was suggested that we get additional information out to the residents. A good idea would be a spring newsletter near clean up day. The Planning and Zoning Appreciation Dinner is scheduled for Tuesday, January 8,2002, at Sol Rio at 7:00 P.M. Sgt. Greg Black has been working with Public Works Director Wadsworth on winter parking in the streets. They have had good success in getting some of the non-operable vehicles and etc. off the streets. He asked how serious the Council wanted to get about street parking in the rights-of-way. Council member Folsom advised the parking ordinance is coming together, and we are about ready to do enforcement. Sgt. Black stated they have been following the State Code. Councilmember Folsom was of the opinion that we should be pretty strict because the new parking requirements are about in place. Public Works Director Wadsworth pointed out that the rights-of-way in the Original Townsite of Ammon are 99 feet, and people are using the right-of-way in front of their house. City Council Meeting, January 3, 2002 - Page 6 Sgt. Black and David Wadsworth have focused on those who were using their rights-of-way for junkyards. They have been trying to clean up the worst offenders. The City needs to be pretty fair across the board. Councilmember Folsom distributed copies of the new parking regulations. Attorney Anderson agreed to prepare the parking ordinance for next City Council Meeting Reports: David Wadsworth reported for Public Works. Lids have been provided for the dumpsters at Johnny Carino's and IHOP. The manager at IHOP was told that the City crew would repair the damage to their building when it warms up a little. Three dumpsters have been built for Pheasant Estates, and they are ready to be painted. The dumpsters, which are now located at Pheasant Estates, will be available for use at the parks in the summer. Plans are to build three more dumpsters. Attorney Anderson asked if anyone could tell him what the problem is with LaRall Kent and his adjoining property owners about parking, about building a fence, or about a buffer zone. He has received calls from an attorney representing Kent and from Salisbury. The problem was not completely understood. Attorney Anderson said that he would try to find out what their problem is and how they think the City is involved. Mayor Ard reported on a meeting regarding the Sunnyside Road project. He distributed some copies of the designs, which have been prepared for the project. There were three different sections. One showed where Sunnyside Road is to hook to Hitt Road. One is by Hillcrest High School so there will be an acceleration lane. The third one is across the Highland Canal. Councilmember Folsom questioned the design by Hillcrest High School. Council member Bean recommended meeting with the representatives of the School District. We need to renegotiate, and there is a new School Superintendent. Council member Bean said he would contact Roger Hill to get the feelings of the School District. Engineer Manwill said, when we negotiate with the School District, one item that we need to discuss is access to their storm pond at Hillcrest. If we can not access their storm pond, we are going to have to put one in across the road on Darwin Judy's property. The Hillcrest pond appears to be adequate to handle the street run off until the Darwin Judy property develops. It will expedite the Sunnyside project if we can use the Hillcrest storm pond. Engineer Manwill added to the information from the meeting on the Sunnyside Road project. They have worked through most of the environmental problems on City Council Meeting, January 3, 2002 - Page 7 the Idaho Canal bridge and on the HitUSunnyside intersection. The project is moving forward. Mayor Ard met with Tom Loertscher and Scott Kidd regarding the legislative redistricting. They drew some proposed lines to be presented to the Commission. The proposed lines put Ammon back together and put us in a district up here and not down to Montpelier. The City Clerk reported the Association of Idaho Cities is presenting an Academy for City Officials, especially newly elected officials, on Friday, January 11. Karen Anderson and Randy Waite have been registered. If anyone else is interested in attending, please advise. Another event sponsored by AIC is City Officials Day at the Capitol on Thursday, January 31,2002. A concern is the renewal of licenses, which involve alcoholic beverages. The Council agreed that the City Clerk could issue the renewals for the beer, wine and liquor licenses provided there had been no problems reported. Most of the businesses involved have completed their renewals, but there are a few pending. Johnny Carino's has not been issued, but they are aware and they are working to complete the details. Sol Rio's is pending issuance of a State license for 2002. There has been no action to renew the beer and wine licenses for Yen Ching. If the businesses do not comply by January 10, their license is to be pulled. Fire Chief Clarence Nelson reported on the explosion which destroyed Todd and Terri Johnston's house at 3760 Georgia Lane. It is believed to be a gas explosion, but they have been unable to find the source of the gas. The answer is a long way off. Claims were approved. Councilmember Bean moved to adjourn the meeting, and Council member Folsom seconded the motion. The meeting was adjourned at 8:45 p.m. Mayor Attest City Clerk