09052013CouncilMinutes
CITY OF AMMON
CITY COUNCIL MINUTES
THURSDAY, SEPTEMBER 5, 2013
AGENDA:
CITY OF AMMON
2135 SOUTH AMMON ROAD
CITY COUNCIL - AGENDA
THURSDAY, SEPTEMBER 5, 2013 – 7:00 P.M.
CALL TO ORDER:
Mayor Steven Fuhriman at 7:00 p.m.
Pledge of Allegiance – Councilmember Kirkham
Prayer – Councilmember Christensen
MINUTES:
June 6, 2013, June 27, 2013
ITEMS FROM MAYOR:
CONSENT AGENDA:
Accounts Payable – Exhibit A
PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA: (5 Minute Limitation)
PUBLIC HEARINGS:
2013-014 – Waste Water and Baseball Fee Increase
ACTION ITEMS:
1.Resolution 2013-009 – Park and Council Chamber Use Fees
2.Resolution 2013-010 – Utility Fees
3.Tyler Schwendiman – Request for septic system within City boundaries.
4.Conditional Use Permit for Membership Pool and Tennis Courts – 2686 Bungalow – The Cottages
5.Ordinance 531and Summary – De-Annexation North of Sunnyside – Correction of Legal Description
6.Bonneville County Sherriff Contract – Fiscal Year 2013-2014
7.Hawks Landing Snow Removal Contract – Winter of 2013-2014
DISCUSSION ITEMS:
1.Misc.
EXECUTIVE SESSION:
1.Personnel Evaluations - Idaho Code 67-2345 (1-b)
2.Real Property Acquisitions - Idaho Code 67-2345 (1-c)
3.Pending Litigation - Idaho Code 67-2345 (1-f)
MINUTES
City Officials Present:
Mayor Steve Fuhriman
Councilmember Rex Thompson
Councilmember Brian Powell
Councilmember Russell Slack
Councilmember Brad Christensen
City Attorney Scott Hall
City Clerk/Administrator/Planning Director Ron Folsom
Deputy Clerk Rachael Brown
City Treasurer Jennifer Belfield
City Engineer Lance Bates
City Officials Absent:
Councilmember Dana Kirkham
Councilmember Sean Coletti
CALL TO ORDER:
Mayor Steven Fuhriman opened the meeting at 7:00 p.m. Boy Scout Troop 279 presented the Flag
Ceremony and Michael Hanks of Troop 279 led the Pledge of Allegiance. Councilmember Christensen offered a prayer.
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MINUTES: June 6, 2013:
Councilmember Slack moved to approve the minutes, as presented. Councilmember
Thompson seconded. Roll Call Vote: Councilmember Slack – Yes, Councilmember Thompson – Yes, Councilmember Christensen –
Yes, and Councilmember Powell – Yes. The motion passed.
June 27, 2013:
Councilmember Slack moved to approve the minutes, as presented. Councilmember Thompson seconded.
Roll Call Vote: Councilmember Slack – Yes, Councilmember Thompson – Yes, Councilmember Christensen – Abstain (Absent), and
Councilmember Powell – Abstain (Absent), Mayor Fuhriman was asked to make the deciding vote. Mayor Fuhriman – Yes. The
motion passed.
ITEMS FROM MAYOR:
None
CONSENT AGENDA:
Accounts Payable – Exhibit A: Councilmember Powell moved to approve the Accounts Payable –
Exhibit A, as presented. Councilmember Christensen seconded. Roll Call Vote: Councilmember Powell – Yes, Councilmember
Christensen – Yes, Councilmember Slack – Yes, and Councilmember Thompson – Yes. The motion passed.
PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA: (5 Minute Limitation):
None
PUBLIC HEARINGS:2013-014 – Waste Water and Baseball Fee Increase:
Mayor Fuhriman opened the Public Hearing
and explained the public hearing procedure to the audience. No citizens were present to be heard and no written comment was
received.
Ron explained the increases to the Baseball Fees and said because there was less sponsorship this year for girls’ teams he
feels we need to push more sponsorship to get back into the black. Ron said the increase to the Waste Water ERU’s (Equivalent
Residential Unit) would be two percent. Ron said he is requesting the increase be ninety cents instead of ninety two cents for
accounting purposes.
Mayor Fuhriman closed the public hearing
ACTION ITEMS:
1. Resolution 2013-009 – Park and Council Chamber Use Fees:
Councilmember Christensen moved to adopt
Resolution 2013-009 – Park and Council Chamber Use Fees, as presented. Councilmember Powell seconded. Roll Call Vote:
Councilmember Christensen – Yes, Councilmember Powell – Yes, Councilmember Thompson – Yes, and Councilmember Slack –
Yes. The motion passed.
2. Resolution 2013-010 – Utility Fees:
Councilmember Christensen moved to adopt Resolution 2013-010 – Utility Fees,
with a .90 cent increase rather than .92 cents for accounting reasons. Councilmember Powell seconded. Roll Call Vote:
Councilmember Christensen – Yes, Councilmember Powell – Yes, Councilmember Thompson – Yes, and Councilmember Slack – No
(Because he doesn’t feel we are adequately planning for the things we know are coming down the pike). The motion passed.
3. Tyler Schwendiman – Request for septic system within City boundaries:
Ron said Tyler Schwendiman is here
tonight to address a situation with a property he is looking at purchasing. Ron asked Tyler Schwendiman to show on the map where
the property is located.
Tyler Schwendiman, 5304 Tildy Circle, explained he spoke with the Health Department and they usually permit private
septic systems if the closest sewer line that can be connected to is more than 300 feet away. The closest sewer line to connect to is in
the City of Ammon, because unless something changes he is unable to connect to the City of Idaho Falls. The City of Ammon sewer is
about 2,500 feet away. Ron said based on that, Tyler is requesting to use a septic system, and John Oh, the business owner of the
adjacent property at the corner of 1st Street and Hitt Road is using a septic system. Ron explained that the biggest factor we have is, at
the next work session the Council will be addressing some questions regarding an LID (Local Improvement District) in this same area.
Ron said if the sewer was part of the LID and it was brought up there, we would want to take the sewer line up to the property in
question so we could get sewer to it. We are confident that the City of Idaho Falls is not going to allow a connection. John Oh has
tried several times to connect to the sewer, while Hitt Road was being improved and has been denied.
Tyler explained that he is making sure that if the City of Idaho Falls doesn’t work out, and the option to be discussed in the
work session doesn’t work out in time, he needs the sewer and as a worst case scenario he would install his own septic; understanding
that once it is available they would connect to the sewer. Councilmember Thompson asked how much property Tyler has. Tyler said
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approximately an acre and a half; two hundred feet of frontage and three hundred feet back. Councilmember Thompson asked how
many ERU’s Tyler thinks his business would use. Tyler said it would be a minimal use from an office building with two restrooms,
but he hasn’t gotten with the health department to see what the specifications would be with their size. Tyler said he would like to
break ground in the next sixty days. Discussion ensued regarding the location and a potential development agreement.
Tom Hunsaker, 2135 S Ammon said there are a lot of citizens in attendance that have no idea what an LID might be, what the
three sewer systems are, and what front footage fees are and asked Ron to explain.
Ron explained to the audience that an LID is a Local Improvement District which ends up being a taxing district for a
specific area and it is very specific to put utilities, roadways, and sometimes sidewalks in entire subdivisions. Ron explained that
Frontage fees are if the City of Ammon has installed and paid for sewer, sidewalks, or asphalt in a roadway and then you build a new
building along that roadway; you pay for your portion of that cost.
Councilmember Slack said he would be happy to approve a septic system as long as we worked out the specifics of how and
when businesses using these temporary septic systems would switch to the sewer system. Ron said he would include language to cover
that when he prepares a development agreement.
Councilmember Slack moved to approve Tyler Schwendiman – Request for septic system within City boundaries, with the
caveat that there needs to be a development agreement, or an LID put into place that would outline the when, how, and where those
companies would connect to the City’s sewer system when it becomes available, and that the property owners would need to bring
water to their properties. Councilmember Christensen seconded. Roll Call Vote: Councilmember Slack – Yes, Councilmember
Christensen – Yes, Councilmember Thompson – Yes, and Councilmember Powell – Yes. The motion passed.
4. Conditional Use Permit for Membership Pool and Tennis Courts – 2686 Bungalow – The Cottages:
Ron said
public hearing 2013-013 was held at the Planning and Zoning Commission meeting the previous night. Colter Hansen is requesting a
CUP (conditional use permit) to re-open the pool at Turtle Bay in the Quail Ridge Subdivision. Ron explained the request, and where
the property is located. Ron said after the public hearing was published, and as a result of some of the letters that were sent, Colter
made a revision of what he originally submitted and presented the changes at the Planning and Zoning meeting last night. Ron
explained the changes that were made to the request.
Ron explained new legislation regarding land use that requires more in depth explanation to the City Council of the Planning
and Zoning Commission decision.
Ron stated the reasons presented for re-opening the clubhouse are; the facility has been deserted for two years, it’s an eyesore
to the community, occasionally a neighbor has pulled weeds and mowed the lawn to help with curb appeal, the facility has been a
target of vandalism with paintball guns shot at windows and at the sign out front, egging, and trash accumulating. Ron displayed
photos of the back yard prior to the Hansen’s taking possession of the property, and then showed photos afterwards which showed the
yard greening up. Ron displayed and explained photos that were submitted of the facility. They also asked that the CUP stay in affect
for a three year term, to be renewed automatically unless there are complaints.
The following items were listed as reasons that led the Planning and Zoning Commission to the final decision to deny the application:
1. That it is a commercial venture in a residential area.
2. That it is not compatible with neighborhood use.
3. Parking issues. There are only 8-10 spots and all other parking would be on street.
4. Additional traffic that would be caused without proper signage.
5. There is not enough detail in the plan that was presented to the Commission.
6. It was too intense of a use for that subdivision.
7. It was not originally part of the original plat or plan for the subdivision.
8. There was a distinct lack of neighborhood support.
9. There were 6 individuals that testified that were pro or neutral on the subject. There were 11 that were opposed (according to
the testimony papers, there were only 10 that were opposed). Also online there was a petition that was sent in that had 36
signatures that were in opposition to a portion of the proposed plan.
NOTE FROM STAFF: Additionally the written comments were as follows, 1-petition with 36 signatures opposing selling
memberships outside the Cottages and allowing lessons at the facility, 4-expressing concerns but without specific support or
opposition, 4-expressing support, 1-expressing opposition. Some of the people that submitted written comments also gave public
testimony.
Tom Hunsaker, Planning and Zoning Commission, 2135 S Ammon Road asked Scott Hall if there was any information that
he should avoid speaking about. Scott said the Council needs to remember this is not a public hearing, and they will not be taking
testimony in this meeting in case of an appeal. The meeting is for information gathering for the Council to determine if they are going
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to uphold the recommendation from the Planning and Zoning Commission, approve the application, or have a public hearing in front
of the Council. Tom said the citizens expressing their pros and cons covered a lot of things the commission already knew. The pros are
that the property has been abandoned for a while, people have been using it as a dumping ground, and trash has been blowing into
properties downwind; these residents like the idea of someone taking care of, and improving the club house. The cons are noise, but
the owners have updated the ventilation so they no longer need to have the windows open. The neighbors are also worried about the
hours of operation. The residents would like the hours of operation to at least coincide with the City’s noise ordinance. Parking and
traffic are other issues; the residents are concerned about people parking wherever they can find a space. Tom explained that the tennis
courts take up space that could be used for parking. The residents do not feel the applicants are clear about how these concerns will be
addressed. They do not feel there is enough information provided.
Councilmember Slack said he agrees with all of the facts presented. He stated the biggest concern is the lack of neighborhood
support.
Councilmember Powell said when this first came to the Council for approval, the Council really struggled with this, this is
people’s property and you want to allow them to develop their property and you need to find the good balance between what will work
and what will not work. Councilmember Powell said the Council was reluctant, because there wasn’t neighborhood support of it.
Councilmember Powell recommended having another public hearing to see if there was any support. Councilmember Slack said he
would be against another public hearing and felt the Council should support the recommendation of the Planning and Zoning
Commission. He said we already have written petitions and testimonies from the previous hearing where more than half opposed.
Councilmember Christensen said there has been a change in the request from the original application. Councilmember
Thompson said the neighborhood was opposed to memberships being sold outside of the neighborhood. If the membership is limited
to neighborhood residents only, they may not be opposed to that. Councilmember Powell said to be fair, he isn’t opposed to having
another hearing because there is a change to the proposal.
Scott explained that when the pool house was approved the first time, the owner lived next door and was able to police it. The
City had someone to go to with questions about memberships; if members were inside or outside of the Cottages subdivision.
Tom said the residents noticed that information was lacking, and that lack of detail hurt the applicants. Councilmember Slack
asked about the zoning. Ron said the property is zoned RP-A for single family detached home.
Ron presented the previous conditional use permit so that the Council could view it. Councilmember Christensen asked if the
Council agrees with Planning and Zoning’s recommendation. Councilmember Christensen is in support of having another public
hearing, to hear the neighbors’ position on the application because it is a different request from what was made initially. Discussion
ensued regarding the changes to the application.
The Council was polled regarding whether they are interested in holding another public hearing. Councilmember Thompson
asked Scott if the Council approves the recommendation from Planning and Zoning, does the landowner still have the opportunity to
appeal and have another public hearing in front of the Council. Scott said that was correct, or the property owner could work directly
with the residents to come up with a plan that will work and come in with a new conditional use permit request.
Councilmember Slack moved to deny the Conditional Use Permit for Membership Pool and Tennis Courts – 2686 Bungalow
– The Cottages, upholding the recommendation of the Planning and Zoning Commission. Councilmember Thompson seconded. Roll
Call Vote: Councilmember Slack – Yes, Councilmember Thompson – Yes, Councilmember Powell - Yes, and Councilmember
Christensen – Yes. The motion passed.
5. Ordinance 531and Summary – De-Annexation North of Sunnyside – Correction of Legal Description:
Ron
explained that Ordinance 531 is to correct a legal description.
Councilmember Powell read: Ordinance #531: AN ORDINANCE CORRECTING THE LEGAL DESCRIPTION
CONTAINED WITHIN ORDINANCE #527 RECORDED ON JULY 2, 2013, INSTRUMENT NUMBER 1450620 PROVIDING
FOR EXCLUSION OF CERTAIN REAL PROPERTY DESCRIBED IN SECTION 2 FROM THE TERRITORIAL BOUNDARIES
OF THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO; PROVIDING FOR AMENDMENT TO THE OFFICIAL
ZONING MAP TO DELETE THE PROPERTY; AND PROVIDING AN EFFECTIVE DATE I move that the City Council dispense
with the rule requiring the reading of the ordinance on three different days and that the three readings be waived. Councilmember
Christensen seconded. Roll Call Vote: Councilmember Powell – Yes, Councilmember Christensen – Yes, Councilmember Slack –
Yes, and Councilmember Thompson – Yes. The motion passed.
Councilmember Powell read: Ordinance #531: AN ORDINANCE CORRECTING THE LEGAL DESCRIPTION
CONTAINED WITHIN ORDINANCE #527 RECORDED ON JULY 2, 2013, INSTRUMENT NUMBER 1450620 PROVIDING
FOR EXCLUSION OF CERTAIN REAL PROPERTY DESCRIBED IN SECTION 2 FROM THE TERRITORIAL BOUNDARIES
OF THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO; PROVIDING FOR AMENDMENT TO THE OFFICIAL
ZONING MAP TO DELETE THE PROPERTY; AND PROVIDING AN EFFECTIVE DATE I move the adoption of Ordinance
#531 and summary as an ordinance of the City of Ammon on its third and final reading. Councilmember Christensen seconded. Roll
Call Vote: Councilmember Powell – Yes, Councilmember Christensen – Yes, Councilmember Slack – Yes, and Councilmember
Thompson – Yes. The motion passed.
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6. Bonneville County Sherriff Contract – Fiscal Year 2013-2014:
Councilmember Powell moved to approve the
Bonneville County Sherriff Contract – Fiscal Year 2013-2014 in the amount of $1,164,923.00. Councilmember Christensen seconded.
Roll Call Vote: Councilmember Powell – Yes, Councilmember Christensen – Yes, Councilmember Slack – Yes, and Councilmember
Thompson – Yes. The motion passed.
7. Hawks Landing Snow Removal Contract – Winter of 2013-2014:
Ron explained that last year the City signed a
contract with Hawks Landing to maintain their roads. It was our intent to have a master plan change complete, but it involves a public
hearing. Ron said they are hoping they will have enough lots sold to move forward with division two which will also require another
change to the master plan so rather than having two hearings regarding minor things we felt we could enter into another contract if the
Council was comfortable with it.
Councilmember Powell moved to approve Hawks Landing Snow Removal Contract – Winter of 2013-2014, as presented.
Councilmember Christensen seconded. Roll Call Vote: Councilmember Powell – Yes, Councilmember Christensen – Yes,
Councilmember Slack – Yes, and Councilmember Thompson – Yes. The motion passed.
DISCUSSION ITEMS:
1. Misc.:
Jennifer explained the 2013 2014 budget highlights. She asked the Council if they approved the highlights being
included with the next utility statement. Councilmember Powell said they are good and thanked Jennifer.
Lance said a developer approached Ron and Lance regarding developing the land south of Sunnyside and East of Hitt Road;
the vacant area by Wendy’s. The developer is serious, and some of the tenants that have approached him are concerned about the
likelihood of getting a traffic signal at Eagle Drive. According to BMPO (Bonneville Metropolitan Planning Organization) guidelines,
the Eagle intersection is way too close to Sunnyside and Hitt Road. We had the developer hire an engineering company to prepare a
traffic impact study to see whether a signal would be warranted. The study showed that due to the development project, it will require
a signal at the intersections of Eagle Drive and Sunnyside Road, and Judy and Hitt Road. The study will be used for the City to
support the developer with BMPO and the Access Management Plan. Ron explained we talked to the engineer and the example they
used was if we do not allow the traffic signal, we will have another intersection like at Target. Ron said Kohl’s has paid the City
twenty five percent of the signal cost at the Eagle intersection; the developer is bound by agreement for fifty percent of the intersection
and the other corner is not developed. The City will have to pick up twenty five percent of the signal cost. Scott said unless, as a
condition of the development agreement, the City required the developer to pay seventy five percent. Discussion ensued regarding an
area of impact for the signal light.
Rachael said the ITD (Idaho Transportation Department) and BMPO will be meeting next Tuesday, 12:00 p.m., at this
location regarding TRPTA (Teton Regional Public Transportation Authority). Ron said they are coming to us with concerns they see
and are asking if the Council sees any way to help with a solution. Councilmember Slack said he would attend.
Councilmember Slack moved to adjourn. Councilmember Powell seconded. Roll Call Vote: Councilmember Slack – Yes,
Councilmember Powell – Yes, Councilmember Christensen – Yes, and Councilmember Thompson – Yes. The motion passed.
The meeting adjourned at 8:30 p.m.
_________________________________________________
Steve Fuhriman, Mayor
_________________________________________________
Ron Folsom, Clerk
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