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Council Minutes 9/12/2006 (42) CITY OF AMMON July 6, 2000 Minutes of the Public Hearing and the Regular Meeting of the Mayor and City Council: I 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 W. Lee Bean Councilmember Harvey L. Crandall Council member Leslie Folsom Council member Ira K. Hall Attorney W. Joe Anderson Engineer Bill Manwill Public Works Director David Wadsworth Fire Chief Clarence Nelson City Clerk Aleen C. Jensen Deputy Clerk Connie Guymon I Others Present: Nolan Gneiting, 462 12th Street, Idaho Falls Rex and Kriste Portmann, 1370 S. Odyssey, Idaho Falls Glen Pond, Utah Power David Benton, Benton Engineering Gerald and Myrna Stoddart, 2650 E. Lincoln, Idaho Falls Cindy Donovan, 3725 E. Sunnyside, Ammon Judi Agee, 3660 Rich Lane, Ammon Doyle Beck, PO Box 1768, Idaho Falls Gary Mills, 1548 Dartmouth Drive, Idaho Falls Dee Wilson, 2620 Erwin Ct., Idaho Falls Martin Johnson, Ammon Bryce and Karen Anderson, 755 Tiebreaker Dr., Ammon Councilmember Hall led the Pledge of Allegiance to the Flag, and Council member Bean offered a prayer. Stommels at 4225 Mirinda Lane have requested permission for a circular driveway with one access on Jessica Lane and one access on Mirinda Lane. Their house is on a corner lot. Engineer Manwill visited the property to check the request. He did not approve the request based on City Council decision to not allow any approach on Jessica Lane. Jessica Lane should function as a collector street rather than a local street. The Stommels appealed to the City Council. The request was discussed. In exchange for allowing a series of cul-de-sacs in the development, it was agreed that the approaching streets would not have approaches because the side streets would handle the approaches much better. Council member Bean moved to decline the request to allow a circular driveway at 4225 Mirinda Lane. Councilmember Hall seconded the motion. Roll call vote: Bean - Yes; Crandall - Yes, provided the minutes show where the Council decided to not have approaches on Jessica Lane; and Folsom - Yes, based on Engineer Manwill's recommendation. The motion carried. I Judi Agee and Nolan Gneiting requested the portion of Judy Street on the west side of Rich Lane in Olson Park Subdivision be vacated and the property be deeded back to the two owners. When Jay Johnson developed Stonehaven, he changed the route of Judy Street so that it does not connect to the portion of Judy Street as originally platted. Martin Johnson previously requested the City Council to give him permission to access the back of his Stonehaven property from Judy Street in Olson Park. The Council was oriented to the area, and they discussed what action to take. Attorney Anderson explained the procedure to vacate a dedicated street. Council member Crandall moved to initiate a public hearing to consider the abandonment of the section of Judy Street in Olson Park subdivision. Council member Hall seconded the motion. Roll call vote: Crandall- Yes' Hall , - Yes; Bean - Yes; Folsom - Yes. The motion carried unanimously. The fee should be collected prior to advertising for the hearing. City Council Meeting, July 6, 2000 - Page 2 I Rex Portmann of Earl's Two-Way Radio and Security represented NewCom Wireless. NewCom is a new PCS Digital Cellular Provider licensed throughout Southern Idaho to build PCS services. Mr. Portmann attended the meeting to inquire about the possibility of leasing a 50'x50' space for a power pole from the City of Ammon at the old fire station on East Seventeenth Street. He was basically fact finding to see if the City is interested in doing business with NewCom. He has also considered an Ammon site owned by Dennis Austad in the Monty Howell Addition. The company has two pole options. Option 1 is a gO-ft. wood, laminated, self-supporting pole. Option 2 is a 120-ft. self-supporting tower. It is necessary to test in order determine the option. He asked two questions of the City Council. "Can we test?" and "Are you willing to enter into a contract?" Councilmember Bean expressed opposition about entering in to a contract to lease because it puts the City in conflict with private business. Mr. Portmann was not willing to talk terms in an open meeting. Council member Crandall moved to allow NewCom to test for a wireless communication pole at the Well NO.7 property, and to authorize Mayor Ard to sign the agreement to grant permission to test. Council member Hall seconded the motion. Roll call vote: Crandall - Yes; Hall - Yes; Bean - Yes; Folsom - Yes. The motion carried unanimously. Mayor Ard opened the Public Hearing to consider a request from Doyle Beck and others to annex 162 acres of property to the City of Ammon. The property is generally located north of Ivan's Acres, east of Hitt Road, south of the Lincoln townsite and west of Sand Creek. The zoning requested is I&M-1 except for a small parcel on the south, which is proposed to be zoned R-1. I Notice of Hearing was published in the Post Register on June 21 and June 28, 2000. Also, notices of the hearing were mailed to property owners within three hundred (300) feet and to other parties in interest. Mayor Ard swore in the citizens who were interested in presenting testimony. Doyle Beck stated that he represented a partnership called CBC Land Company comprised of himself as a general partner and Terrill Christensen and Tom Christensen of Shelley. The partnership has requested the property to be annexed to the City of Ammon for future development. They have sold a little of the property to a couple of adjacent property owners and a nursery. They would like to have the property platted, to have services and to continue development. Mr. Beck announced that he was open for questions. Council member Folsom said she noticed that he had a "for sale" sign on the property. She asked if he had any contemplation about what he was going for on the south. Can you give us a little enlightenment on that? That is a "for sale" sign that one of the partners agreed to with Century 21 so they could advertise it nationally for commercial/industrial. Our full intention is to come back for a zone change for a portion along Hitt Road frontage for commercial and the backside, up against the feed yard, would stay industrial. I Are you talking light industrial or are you talking other industrial? We really don't know - just industrial. The entire parcel is industrial now and has been since the zoning was instituted by Bonneville County. The property used to be owned by the U & I Sugar Company. Several hundred acres through there were all designated as industrial at the time of original zoning. Glen Pond was in attendance to represent Utah Power (Pacificorp) who owns a piece of the property. Doyle Beck stated they have been negotiating with the County and have donated some land for the expansion of Hitt Road. That is one reason that they think the property is more viable for commercial development. Their interest is in commercial for 800 feet in from Hitt Road. It was brought out that the frontage on Hitt Road lends itself to commercial. This is particularly true because of the commercial development underway across Hitt Road to the west. If something comes along that makes the whole property commercial, the owner I City Council Meeting, July 6, 2000 - Page 3 is not opposed. A piece of the property next to the nursery has been sold for an auto repair facility. Myrna Stoddart, 2650 East Lincoln, asked about the Advantage sign posted on the property. That is a Century 21 Advantage Real Estate sign and it has nothing to do with the type of commercial. Karen Anderson, 755 Tiebreaker, spoke as a citizen and not as a representative of the Planning and Zoning Commission. The Commission recommended approval of the annexation by a vote of five to three. Karen was one of the three who voted against. She did not speak to justify her negative vote, but she wanted to clarify her opinion. She believes that the Planning and Zoning Commission made a mistake when they decided to take any action on this annexation request because it is a circumvention of the Comprehensive Plan. The property is not on the current Comprehensive Plan Map. It is on the proposed Comprehensive Plan Map, which has not been adopted. She discussed the planning process with the City Council. The Commission has the responsibility to look at what is best for the City. The citizens have a right to think the Commission is following the Comprehensive Plan. She encouraged following the planning process. Doyle Beck refuted Karen Anderson's remarks. His argument was that to require that the Comprehensive Plan be followed indicates the decision has already been made before the request is heard. Ron Folsom explained the reasoning behind a Comprehensive Plan. The City Council continued to discuss the planning process. The City has to address requests. Good government is to watch out for the citizens so that proper growth can take place and so that we do not get stopped in our growth. This annexation promotes growth to the north. I Engineer David Benton discussed the proposed request and planning for growth. One of the aspects of good planning is to promote public health and safety. At issue is the ability to obtain sewer service. It is more beneficial to dump sewage into a sewer than to dump it into the ground with a potential of contaminating the aquifer. Everyone should have a right to develop and everyone should have a right for sewer. There was no further public comment. Mayor Ard closed the Public Hearing. This request for annexation was considered at a Public Hearing before the Planning and Zoning Commission on June 6, 2000. Their recommendation to the City Council was for approval of annexation with a five to three vote. The recommended zone was I&M-1 except for a small piece on the south, which is part of property already zoned, to be R-1. Approval was contingent upon an acceptable development agreement to include landscape buffers along Hitt Road and screening fences for areas developed as industrial. I Councilmember Hall commended Karen Anderson for her tenacity and her work on the Comprehensive Plan. Many of the Commission members have spent much time on the Plan, and it should be a good Plan when it is finished. There are issues that come up that can not possibly be foreseen. The evaluations of the Planning and Zoning Commission, the City Council, and the adjacent citizens who receive notification have significant input. The planning process is adhered to. Having been through two public hearings, there has been a reasonable report on the issues before the Council on the annexation of the Beck et al property. Council member Hall moved to approve the request for annexation of the Doyle Beck et al property, which includes property owned by C B C Land Company, Pacificorp, and Ashments, subject to an acceptable development agreement with the initial zoning of I&M- 1 except for Ashments which is to be zoned R-1. Councilmember Crandall seconded the motion. Roll call vote: Hall - Yes; Crandall - Yes; Bean - Yes; Folsom - Yes. The motion carried unanimously. Attorney Anderson suggested that while Engineer Benton was present that the Council discuss about the extension of the waterline on Sunnyside Road across the school property. Representatives of the School District believe they fulfilled their obligation when they participated in the extension of Owen Street to the school property. Engineer City Council Meeting, July 6, 2000 - Page 4 I Benton reviewed some of the history. He recalled the waterline was to be installed by the School District to their western boundary on both Owen Street and Sunnyside Road. The development drawings and the development agreement confirm this. Attorney Anderson agreed to report back to the school officials. BMPO has been working on the Owen Street traffic study. They need to analyze the information they have collected. They will probably request a preliminary meeting before the report is finalized. The City Clerk asked the Council to review the minutes of City Council Meeting held June 15, 2000, and to make corrections. These minutes include the hearing for the request for a Special Use Permit for a daycare facility at 2255 Midway Avenue, which was denied. The Council acknowledged receipt of a Notice of Appeal of the decision of the Board of Adjustment to deny the request of Ashley and Karen Roberts for a daycare at 2255 Midway Avenue. The next action required is for the City Council to set a date to hear the appeal. Basically the proper procedures were followed in the Board of Adjustment hearing. There was one exception. A written determination of the hearing decision was not sent to the applicants within five days. The City Clerk and the Attorney have both prepared drafts for the written findings and conclusions. The Council was asked to review these drafts and to make recommendations for additions and corrections so the findings and conclusions can be sent to the applicants and their attorneys as soon as possible. Attorney Anderson discussed the appeal procedures. . I Councilmember Folsom pointed out a problem with the Peterson Park walking path. The path is wonderful. However, it crosses the parking lot and there needs to be a yield sign for the car traffic or a yield sign for the pedestrian traffic. Both entrances into the parking lot off the path need some type of safety protection. It was agreed to start with painted crosswalks. After the Council discussed the parking problem in the Hillview/Hillsdale area, some citizens approached Council member Folsom about what action would be taken. She recommended forming a citizens' committee to see if they could come up with a solution. The Council did not object to a committee approach. Council member Folsom agreed to try to come up with some willing citizens. Public Works Director Wadsworth inquired about what action to take regarding the resident whose water was disconnected because of failure to pay for service. Although his water service was disconnected, the resident hooked up with a hose to his neighbor's water. The City Office sent certified letters to both the residents to notify them that their action is in violation of the law. Both of the parties refused to accept their certified letter. It was recommended that the Sheriffs Department issue citations. I Mayor Ard and Public Works Director Wadsworth pointed out another area of concern. Mike Jones is moving his business to a new location in LaRall Kent's new building on East 1 ih Street. He is installing new water purification equipment and plans to sell bottled water. There was a discussion about whether or not it is legal to sell Ammon water. Jones claims he is not selling Ammon water. He is selling purified water. It was determined that it is about the same to sell water that is put through a purification process as it is for soft drink establishments to sell a product that is basically flavored water. Mike Jones is to receive a regular monthly billing for water, sewer, and garbage for his business. In addition, the bottled, purified water should be metered. Reports: Councilmember Bean commented that the Council had considered a storage shed for the Knothole Baseball and Girls' Softball equipment, but no action developed. Perhaps this is because there is some question about whether or not these are City programs. Following a discussion with Ivy Berry, she considers the programs to be City programs. Councilmember Bean is concerned that Ivy Berry is paying out of personal funds for a storage unit for the equipment. A discussion followed on whether the Knothole Tee Ball program, the Knothole Pitch Machine program, and the Girls' Softball program are City programs or not City programs. If they are not City programs, some changes need to be made. The consensus of the Council was they do not want the programs to City Council Meeting, July 6, 2000 - Page 5 die, but they do not want to the City to be responsible for them. They leaned toward getting the City out of the programs for the FY2001. I Councilmember Folsom reported that a representative of Case lie will be at the City Office on July 12 at 8:00 A.M. to demonstrate their city computer program for utility billing, cash receipting, budget, and payroll. The health insurance programs that Councilmember Folsom was investigating came in higher than anticipated. She plans to investigate other possibilities after the computer update is in place. Councilmember Crandall recommended sending a letter of appreciation for the landscaping in the front of the City Building. The project was completed by Jason Herbert to obtain his Eagle Scout award. Deon Cole and Connie Guymon of the City Office added the flowers in front. Another Eagle Scout project was a set of volleyball standards built by Jared Herbert. There are changes to the City Code as a result of the adoption of recent ordinances. Councilmembers need to be aware of these changes and to mark their codebooks. Regarding the massage therapy ordinance, the City Clerk asked for direction about what to do about the existing establishments. The first step is to see that they receive a copy of the ordinance. An application form should be prepared. It was recommended that the fees for existing establishments be pro-rated for this year. Charging them for one-half year is in order. The Bonneville County Sheriff's Department will be asked to do the background checks. I Claims were approved. Councilmember Hall pointed out a new program of the Federal Accounting Board, which includes inventories, assets, depreciation, evaluations, standards, performance, and management. Councilmember Hall moved to adjourn to an Executive Session, and he asked that Attorney Anderson remain with the Council for a few minutes. The Council was unanimous in favor. The meeting was adjourned at 10:15 P.M. C:4..Q ayor ATTEST City Clerk I