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CouncilMinutes 12212006CITY OF AMMON CITY COUNCIL MINUTES THURSDAY, DECEMBER 21, 2006 AGENDA: CITY OF AMMON 2135 SOUTH AMMON ROAD CITY COUNCIL AGENDA THURSDAY, December 21, 2006 CALL TO ORDER: Mayor Bruce Ard at 7:30 p.m. A.Pledge of Allegiance – Councilmember Kirkham B.Prayer – Councilmember Thompson MINUTES: November 16, 2006 ITEMS FROM MAYOR: Bond Election CONSENT AGENDA: See Attached PUBLIC HEARINGS: PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA: ACTION ITEMS: 1. Variance Request – T-Mobile Tower Co-location 2. Cottonwood Hills Estates Annexation, Initial Zoning, Annexation Agreement and Ordinance #419 3. Ted Peterson Annexation, Initial Zoning, Annexation Agreement and Ordinance #420 4. Grandview Estates Annexation Agreement and Ordinance #418 5. Ordinance #416 Amending Title 7 6. Ordinance #417 Amending Title 4, Chapters 2, 3, 4 – Sunday Alcohol Sales on New Years Eve 7. Phase II Governmental Accounting Consulting Proposal 8. Foothill Properties Request for Reimbursement DISCUSSION ITEMS: 1. Streetlights on Arterials 2. Eagle Bridge Project Update 3. Water Meter Project --- Schools 4. Misc. MINUTES The meeting was called to order by Mayor Ard at 7:30 p.m. in the City Building, 2135 South Ammon Road, Ammon, Idaho, with the following City Officials present: City Officials Present: Mayor Bruce Ard Councilmember Lee Bean Councilmember Rex Thompson Councilmember Dana Kirkham City Planning Director Ron Folsom City Engineer Bill Manwill City Administrator Bruce Rose City Attorney Scott Hall City Clerk Leslie Folsom City Officials Absent: None Councilmember Kirkham led the Pledge of Allegiance to the Flag and, Councilmember Thompson offered the prayer. City Council Minutes 12/21/2006 -- 1 MINUTES: November 16, 2006 - Councilmember Thompson questioned page 4, Casa Hills Preliminary and Final Plat, the second from the bottom line should read “Robert Skinner” not Robert Suitter. Also, further down where the bold face type Quail Ridge Phase II should read “.8 acres” not .08 acres. On the last page, Item 2 – second to bottom line, it was not Councilmember Thompson who said $75.00. Councilmember Bean motioned to accept the minutes with the changes Councilmember Thompson presented. Councilmember Thompson seconded. Roll call vote: Councilmember Bean – Yes, Councilmember Thompson – Yes, Councilmember Kirkham – Yes, and Councilmember Waite – Yes. The motion passed. ITEMS FROM MAYOR : Bond Election. Mayor Ard stated we need to discuss a particular date to meet. It was agreed to be on January 11, 2007 at 7:00pm. It was discussed to use Printcraft to send out the letters. Councilmember Kirkham suggested taking out “funding future growth”, as it may come across wrong. She wants it to be clear development is paying their part and the city is paying their part. Councilmember Bean suggested the heading be changed to “Future Growth Not Funded through User Fees”. Mayor Ard agreed. Councilmember Bean suggested with our new website we need to list items on both websites until people get used to the new one. Ted Hendricks stated the following: “Kent Foster has never used the water bank lease process for changes in place of use or point of diversion. He has only used it to end run around the transfer process to change the nature of the use.” Ted stated it means that it doesn’t apply to this situation and he’s never tried to do it in a situation like this. Councilmember Kirkham agreed. CONSENT AGENDA: None PUBLIC HEARINGS: None PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA: None ACTION ITEMS : 1. Variance Request – T-Mobile Tower Co-location: Jared White, K Company representing T-Mobile, stated he had additional information. Councilmember Bean stated we have already granted variance just like this earlier. Planning Director Ron Folsom explained it is the same request that Verizon requested. This particular tower was built before our ordinance went into effect. The theory behind our ordinance is we do not want to encourage this type of tower. This means we don’t want to encourage co-location. However, this tower is already there, so co- location makes sense. Jared White, explained it would be very similar to Verizon’s. It would then fill up that pole and there would be no more room for additional co-location. Councilmember Bean asked Ron Folsom to look at Ordinance 10-32-19-5. Jared White questioned about the notification of property owners within 300ft and stated there are only four. Councilmember Kirkham said it’s in the ordinance and we have to follow it. Councilmember Bean stated we will hold a public hearing on it. Jared White questioned when the meeting will be held. Ron advised it should be January 18th, 2007. 2. Cottonwood Hills Estates Annexation, Initial Zoning, Annexation Agreement, and Ordinance #419: Planning Director Ron Folsom explained where the property is located. Councilmember Thompson questioned if parking would be an issue near the pool. Councilmember Kirkham stated it’s not a public street, so we would not be able to dictate any parking. Councilmember Bean motioned to approve annexation of Cottonwood Estates Division #4 with the initial zoning of RP. Councilmember Waite seconded. Roll call vote: Councilmember Bean – Yes, Councilmember Waite –Yes, Councilmember Thompson – Yes, and Councilmember Kirkham – Yes. The motion passed. Councilmember Bean motioned to approve the annexation agreement of Cottonwood Hills Estates Division #4. Councilmember Kirkham seconded. Roll call vote: Councilmember Bean – Yes, Councilmember Kirkham – yes, Councilmember Thompson – yes, and Councilmember Waite – Yes. The motion passed. Councilmember Bean read Ordinance #419 , AN ORDINANCE ANNEXING CERTAIN LANDS TO THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO; DESCRIBING WITH PARTICULARITY SAID LANDS TO BE ANNEXED AND HEREBY ANNEXED AND DECLARING SAID LANDS A PART OF THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO; DETERMINING THE PROPER ZONING FOR CLASSIFICATION OF THE ANNEXED LANDS AND TERRITORY UNDER THE ZONING ORDINANCE OF THE CITY OF AMMON, IDAHO; PROVIDING FOR by title and motioned AN EFFECTIVE DATE FOR THIS ORDINANCE AND OF THE ANNEXATION OF SAID LANDS 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 Kirkham seconded. Roll call vote: Councilmember Bean – Yes, Councilmember Kirkham – Yes, Councilmember Thompson – Yes, and Councilmember Waite –Yes. The motion passed. City Council Minutes 12/21/2006 -- 2 Councilmember Bean read Ordinance #419, AN ORDINANCE ANNEXING CERTAIN LANDS TO THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO; DESCRIBING WITH PARTICULARITY SAID LANDS TO BE ANNEXED AND HEREBY ANNEXED AND DECLARING SAID LANDS A PART OF THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO; DETERMINING THE PROPER ZONING FOR CLASSIFICATION OF THE ANNEXED LANDS AND TERRITORY UNDER THE ZONING ORDINANCE OF THE CITY OF AMMON, IDAHO; PROVIDING FOR by title and motioned AN EFFECTIVE DATE FOR THIS ORDINANCE AND OF THE ANNEXATION OF SAID LANDS to adopt Ordinance #419 as an ordinance of the City of Ammon on this third and final reading. Councilmember Kirkham seconded. Roll call vote: Councilmember Bean – Yes, Councilmember Kirkham –Yes, Councilmember Thompson – Yes, and Councilmember Waite – Yes. The motion passed. 3. Ted Peterson Annexation, Initial Zoning, Annexation Agreement and Ordinance #420: Planning Director Ron Folsom explained where the property is located and the reason for annexation and zoning. Councilmember Kirkham motioned to approve the Ted Peterson Annexation and Initial Zoning of RPA. Councilmember Waite seconded. Roll call vote: Councilmember Kirkham – Yes, Councilmember Waite – Yes, Councilmember Thompson – Yes, and Councilmember Bean – Yes. The motion passed. Councilmember Thompson inquired if we have now annexed part of Crowley Road. It was discussed and annexed to the center of the road. Councilmember Bean motioned to approve the Annexation Agreement, C & T Estate (Christine & Ted). Councilmember Waite seconded. Roll call vote: Councilmember Bean – Yes, Councilmember Waite – Yes, Councilmember Thompson – Yes, and Councilmember Kirkham – Yes. The motion passed. Councilmember Bean read Ordinance #420, AN ORDINANCE ANNEXING CERTAIN LANDS TO THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO; DESCRIBING WITH PARTICULARITY SAID LANDS TO BE ANNEXED AND HEREBY ANNEXED AND DECLARING SAID LANDS A PART OF THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO; DETERMINING THE PROPER ZONING FOR CLASSIFICATION OF THE ANNEXED LANDS AND TERRITORY UNDER THE ZONING ORDINANCE OF THE CITY OF AMMON, IDAHO; PROVIDING FOR AN EFFECTIVE DATE FOR THIS ORDINANCE AND OF THE ANNEXATION OF SAID LANDS (C & T Estate) by title Council dispense with the rule requiring the reading of the ordinance on three different days and motioned that the City and that the three readings be waived. Councilmember Waite seconded. Roll call vote: Councilmember Bean – Yes, Councilmember Waite – Yes, Councilmember Thompson – Yes, and Councilmember Kirkham – Yes. The motion passed. Councilmember Bean read Ordinance #420, AN ORDINANCE ANNEXING CERTAIN LANDS TO THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO; DESCRIBING WITH PARTICULARITY SAID LANDS TO BE ANNEXED AND HEREBY ANNEXED AND DECLARING SAID LANDS A PART OF THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO; DETERMINING THE PROPER ZONING FOR CLASSIFICATION OF THE ANNEXED LANDS AND TERRITORY UNDER THE ZONING ORDINANCE OF THE CITY OF AMMON, IDAHO; PROVIDING FOR AN EFFECTIVE DATE FOR THIS ORDINANCE AND OF THE ANNEXATION OF SAID LANDS (C & T Estate) by title motioned that the City Council adopt Ordinance #420 as an ordinance of the City of Ammon on this third and and final reading. Councilmember Waite seconded. Roll call vote: Councilmember Bean –Yes, Councilmember Waite – Yes, Councilmember Thompson – Yes, and Councilmember Kirkham – Yes. The motion passed. 4. Grandview Estates Annexation Agreement and Ordinance #418: Councilmember Bean asked if any changes have been made. Ron – No. Councilmember Thompson inquired about Special Condition #5, if we can put a date on the water rights. Ron Folsom stated we usually don’t require a time limit because they are required to do a secondary water system. Councilmember Kirkham motioned to approve Grandview Estates Annexation Agreement. Councilmember Bean seconded. Roll call vote: Councilmember Kirkham – Yes, Councilmember Bean –Yes, Councilmember Thompson – Yes, and Councilmember Waite – Yes. The motion passed. Councilmember Bean read Ordinance #418, AN ORDINANCE ANNEXING CERTAIN LANDS TO THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO; DESCRIBING WITH PARTICULARITY SAID LANDS TO BE ANNEXED AND HEREBY ANNEXED AND DECLARING SAID LANDS A PART OF THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO; DETERMINING THE PROPER ZONING FOR CLASSIFICATION OF THE ANNEXED LANDS AND TERRITORY UNDER THE ZONING ORDINANCE OF THE CITY OF AMMON, IDAHO; PROVIDING FOR AN EFFECTIVE DATE FOR THIS ORDINANCE AND OF THE ANNEXATION OF SAID LANDS (Grandview Estates by title and motioned that the City Council dispense with the rule requiring the reading of the ordinance on Property) three different days and that the three readings be waived. Councilmember Thompson seconded. Roll call vote: Councilmember Bean – Yes, Councilmember Thompson – Yes, Councilmember Waite – Yes, and Councilmember Kirkham – Yes. The motion passed. Councilmember Bean read Ordinance #418, AN ORDINANCE ANNEXING CERTAIN LANDS TO THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO; DESCRIBING WITH PARTICULARITY SAID LANDS TO BE ANNEXED AND HEREBY ANNEXED AND DECLARING SAID LANDS A PART OF THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO; DETERMINING THE PROPER ZONING FOR CLASSIFICATION OF THE ANNEXED LANDS AND TERRITORY UNDER THE ZONING ORDINANCE OF THE CITY OF AMMON, IDAHO; PROVIDING FOR AN EFFECTIVE DATE FOR THIS ORDINANCE AND OF THE ANNEXATION OF SAID LANDS (Grandview Estates City Council Minutes 12/21/2006 -- 3 adopt Ordinance #418 as an ordinance of the City of Ammon on this Property) by title and motioned that the City Council third and final reading. Councilmember Thompson seconded. Roll call vote: Councilmember Bean – Yes, Councilmember Thompson – Yes, Councilmember Waite – Yes, and Councilmember Kirkham – Yes. The motion passed. 5. Ordinance #416 Amending Title 7: Planning Director Ron Folsom explained the changes that were made to this ordinance. Councilmember Thompson read Ordinance #416, AN ORDINANCE OF THE CITY OF AMMON, OF THE STATE OF IDAHO, AMENDING TITLE 7, CHAPTERS 1 THROUGH 7 OF THE CITY CODE OF AMMON, IDAHO, CLARIFYING THE ADOPTION OF PREVIOUS ORDINANCES 348, 364 AND 369 INCLUDING THE LATEST VERSIONS OF THE INTERNATIONAL BUILDING CODE; THE INTERNATIONAL RESIDENTIAL CODE, PARTS I-VI AND IX-X; THE INTERNATIONAL ENERGY CONSERVATION CODE; INTERNATIONAL FUEL GAS CODE; INTERNATIONAL MECHANICAL CODE; AND INTERNATIONAL FIRE CODE, MODIFYING THE NUMBER OF COPIES REQUIRED TO BE RETAINED IN THE OFFICE; PROVIDING EXCEPTIONS; PROVIDING FOR SEVERABILITY; REPEALING ed that City Council CONFLICTING ORDINANCES AND PROVIDING AN EFFECTIVE DATE by title and motion dispense with the rule requiring the reading of the ordinance on three different days and that the three readings be waived. Councilmember Waite seconded. Roll call vote: Councilmember Thompson – Yes, Councilmember Waite – Yes, Councilmember Bean – Yes, and Councilmember Kirkham – Yes. The motion passed. Councilmember Thompson read Ordinance #416, AN ORDINANCE OF THE CITY OF AMMON, OF THE STATE OF IDAHO, AMENDING TITLE 7, CHAPTERS 1 THROUGH 7 OF THE CITY CODE OF AMMON, IDAHO, CLARIFYING THE ADOPTION OF PREVIOUS ORDINANCES 348, 364 AND 369 INCLUDING THE LATEST VERSIONS OF THE INTERNATIONAL BUILDING CODE; THE INTERNATIONAL RESIDENTIAL CODE, PARTS I-VI AND IX-X; THE INTERNATIONAL ENERGY CONSERVATION CODE; INTERNATIONAL FUEL GAS CODE; INTERNATIONAL MECHANICAL CODE; AND INTERNATIONAL FIRE CODE, MODIFYING THE NUMBER OF COPIES REQUIRED TO BE RETAINED IN THE OFFICE; PROVIDING EXCEPTIONS; PROVIDING FOR SEVERABILITY; REPEALING adopt CONFLICTING ORDINANCES AND PROVIDING AN EFFECTIVE DATE by title and motioned that the City Council Ordinance #416 as an ordinance of the City of Ammon on this third and final reading. Councilmember Waite seconded. Roll call vote: Councilmember Thompson – Yes, Councilmember Waite – Yes, Councilmember Bean – Yes, and Councilmember Kirkham – Yes. The motion passed. 6. Ordinance #417 Amending Title 4, Chapters 2, 3, 4 – Sunday Alcohol Sales on New Years Eve: Councilmember Waite read Ordinance #417, AN ORDINANCE AMENDING TITLE 4, CHAPTERS 2, 3, AND 4 OF THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO; ALLOWING SUNDAY SALES OF BEER, WINE AND LIQUOR WHEN NEW YEARS EVE FALLS ON A SUNDAY; PROVIDING FOR AN EFFECTIVE DATE FOR THIS Council dispense with the rule requiring the reading of the ordinance ORDINANCE by title and motioned that the City on three different days and that the three readings be waived. Councilmember Thompson seconded. Roll call vote: Councilmember Waite – Yes, Councilmember Thompson – Yes, Councilmember Kirkham – Yes, and Councilmember Bean – Yes. The motion passed. Councilmember Waite read Ordinance #417, AN ORDINANCE AMENDING TITLE 4, CHAPTERS 2, 3, AND 4 OF THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO; ALLOWING SUNDAY SALES OF BEER, WINE AND LIQUOR WHEN NEW YEARS EVE FALLS ON A SUNDAY; PROVIDING FOR AN EFFECTIVE DATE FOR THIS adopt Ordinance #417 as an ordinance of the City of Ammon ORDINANCE by title and motioned that the City Council on this third and final reading. Councilmember Thompson seconded. Roll call vote: Councilmember Waite – Yes, Councilmember Thompson – Yes, Councilmember Kirkham – Yes, and Councilmember Bean – Yes. The motion passed. 7. Phase II Governmental Accounting Consulting Proposal (documentation pending): Bruce Rose presented the Consulting Proposal and explained the highlights. She had consulted for 30 hours in Phase I at $65.00. Mr. Rose explained with Phase II the maximum hours will be 30 hours at $65.00. Councilmember Bean inquired to Bruce Rose and Leslie Folsom if it was money well spent. They both responded favorably. Councilmember Bean suggested we could use her in the future. Bruce Rose asked the Council to approve a maximum of 30 hours at this rate and if the hours go over that, then he will come again before the Council for approval. Councilmember Bean motioned to approve Phase II Governmental Accounting Proposal for 30 hours with Ginette Manwaring. Councilmember Thompson seconded. Roll call vote: Councilmember Bean – Yes, Councilmember Thompson – Yes, Councilmember Waite – Yes, and Councilmember Kirkham – Yes. The motion passed. 8. Foothill Properties request for reimbursement: Councilmember Kirkham inquired to Bill Manwill about a previous meeting where he had stated that the French Drain on Bungalow Circle was not installed correctly. Mr. Manwill stated he did not remember. Councilmember Kirkham asked Bill Manwill if he feels we need to reimburse them and if he feels the work is done. Councilmember Kirkham stated she does not believe the work was done well or was finished appropriately. Councilmember Bean asked if he has accomplished everything we have asked him to City Council Minutes 12/21/2006 -- 4 do. If he has we owe it to him, if he hasn’t then we don’t. Councilmember Bean doesn’t think we can make that determination. Councilmember Kirkham suggested it is up to Bill Manwill. Mr. Manwill said yes he has. Councilmember Bean motioned to approve the reimbursement of $30,000 to Foothill Properties out of the money that they escrowed with the City of Ammon for the maintenance on the Cottages, but we retain the $30,000 on the Quail Ridge Well reimbursement until such time as the well and well house are completed according to our standards. Councilmember Waite seconded. Roll call vote: Councilmember Bean – Yes, Councilmember Waite – Yes, Councilmember Thompson – Yes, and Councilmember Kirkham – No. The motion passed. Councilmember Kirkham stated she doesn’t think the work has been done to our specifications and feels we will have problems in the future. DISCUSSION ITEMS : 1. Streetlight on Arterials: Councilmember Bean recommended we use overhang lights in arterial areas because it looks professional with the spacing. He realizes it costs us more, but he would like us to be a professional city. He recommends we just discuss it and then take it to a work session at a later date. He asked that everyone drive down Sunnyside and look at how it appears. He explained the developer would put them in, but we would have to pay for the electricity. Tom Hunsaker stated that property owners in the foothills have said to him they enjoy looking at the stars over the city. He wanted the Council to keep that in mind when looking into this and if they want lights in the foothills. Bill Manwill explained we require streetlights in the valley subdivisions, but not in the foothills for that very reason. 2. Eagle Bridge Project Update: Bruce Rose stated it is in the budget. We are working with Mountain River Engineering on right of way acquisition and design. Bill Manwill explained a lift station would cost around $70,000. We may be able to get rid of the lift station with a few other options, but the work may be more. Bill said, overall, we may end up saving some money since we will be eliminating the lift station. Its money well spent to eliminate the lift station due to the maintenance and repairs down the road. Mayor Ard inquired if this will fix the drainage problem we have on the north side of Eagle and Salmon. Bill – Yes. Mayor Ard said this will be a plus since we’ve had problems all the time on this for 20 years. Councilmember Bean commented that this project is really expanding and wants to know if we really need a bridge there. Bill doesn’t know if we have increased the costs much. The lift station is 45 years old, undersized and is no longer doing the job. Bruce Rose explained the budget situation on this project. The $155,000 ($70,000 of this from other developers) may not be enough, and we may need to take money from another street budget. Mayor Ard asked if we can get a projected cost for a work session. Bruce Rose stated yes. Councilmember Bean stated he has trouble using this money on this project. Bill Manwill stated we will have to address this at some time because the new storm water regulations will require it. 3. Water Meter Project --- Schools: Rick Williams explained the project and needs a little more time to get them installed since they need to be out for a full day minimum. It was discussed to install them during spring break, if possible. Councilmember Bean suggested we approach the school district and let them know what we are doing and st get their approval. Bruce Rose asked about the timeline of May 1, and wants to know if we can do all of them during spring break. Councilmember Bean said to get a calendar of their days off and schedule accordingly. 4. Misc.: Ron discussed requirement of Quailridge and the invoices. George McDaniel brought in invoices with a lack of detail of expenses. Councilmember Bean asked Ron to request that George McDaniel’s construction company provide a detail of the cost from Point A to Point B with invoices. Councilmember questioned all the even amounts. Dave Chamberlain explained Mark Johnson bought property in conjunction with this and gave Mr. McDaniel permission to put in a line and shared half the cost. That amount should be included in the figures Mr. McDaniel submitted. Dave explained the situation further and they feel George is getting his line for free. He feels Mr. McDaniel has defaulted on his contract. Council discussed what our responsibility is on this. Councilmember Bean asked Ron to give Mr. McDaniel 30 days for the information we need. Councilmember Kirkham requested real invoices, not from QuickBooks. Leslie Folsom, City Clerk explained that the business licenses will be sent out late due to Caselle having to be totally reworked. We are starting over from scratch on these. Councilmember Bean suggested that we give everyone a list so they can cross check with us. Leslie stated we are doing everything a step at a time and it will take time. Concerning meters, we will be taking pictures of the meters in the future to stop meter reading errors. Leslie covered all the different errors on the meter readings with the zeros. Scott Hall stated that we are asking that they pay the bill they owe; we did an audit on it. Workmen’s compensation comes into our offices and says based on the audit of your books, here’s what your shortfall is and you pay it. Scott Hall wants us to send the audit letter with the bill. If no response, then give to him for a letter and then we will go from there. City Council Minutes 12/21/2006 -- 5 Rick from public works, requested that they hire two more public works employees. They were budgeted for two, several months into the budget they would like to go ahead and do that. They are also having trouble keeping their sanitation employees, and would like to hire them as public works employees and rotate them through the system. Rick asked if they would like to have strictly sanitation and strictly public works employees. Councilmember Bean asked if we are hiring two additional people. Councilmember Waite stated we would be adding two and replacing one. They would be primarily sanitation employees, but will do other work on the side also. Councilmember Kirkham motioned that we move to executive session. The meeting was adjourned at 9:30pm. ___________________________________________ C. Bruce Ard, Mayor ______________________________________ Leslie Folsom, City Clerk City Council Minutes 12/21/2006 -- 6