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Council Minutes 9/12/2006 (45) CITY OF AMMON August 17,2000 I Minutes of the Public Hearing and the Regular Meeting of 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 Council member W. Lee Bean Councilmember Harvey L. Crandall Councilmember 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: Tyson Taylor Scott Yagues, Ammon Fire Department Wanda Mohr, 2295 Midway Avenue, Ammon Lee Staker, 2553 East Everon, Idaho Falls (Century 21 Advantage) Chad Eldridge. 11125 North 36th East, Idaho Falls Cindy Donovan, 3725 East Sunnyside Road, Ammon Rick Hafla, Teton Communications Greg Maeser, Planning and Zoning Commission Jay Ellis, 2195 Midway Avenue, Ammon Lisa Branson and two Boy Scouts Tom Hunsaker, Planning and Zoning Commission Council member Crandall led the Pledge of Allegiance to the Flag, and Councilmember Bean offered a prayer. Tom Hunsaker reported for the Planning and Zoning Commission. The Commission considered a revised request for annexation with initial zoning of Quail Ridge/Hillside Properties. It was recommended that the request be approved upon condition that (1) a planning map be approved; (2) the developers develop an appropriate sized well to be worked out with the City Engineer; (3) land is to be donated for a park; (4) land is to be donated for a secondary fire station to be negotiated with our Fire Chief; (5) the zoning is changed to RP instead of R-1 and (6) the two lots on the eastern side described as Lots 4 and 5 Block 1 Rimrock Estates Division No.1 are not to be included. Also heard was a request for annexation of the Smith/Ritter properties. Seventy (70) acres of land is being donated to the City of Idaho Falls. This will make the Ritter property contiguous to Idaho Falls and allow that property to be annexed to Idaho Falls. Action was postponed on the request for annexation for up to two meetings or October 3, 2000, to allow the developers time to decide if they want to be annexed to City of Ammon. I The third item of business was discussion on the proposed Comprehensive Plan Land Use Map. It was determined that Ammon's map should be consistent with Bonneville County's map. It was recommended that the western boundary of the Land Use Map and the Area of Impact be changed to go 1/4 mile west of Hitt Road across from the Lincoln Cemetery. Also, changes were recommended for the area adjacent to City of lona. The lona/Ammon Area of Impact boundary should move 1/2 mile south and Ammon's northeast Area of Impact boundary along lona's west Area of Impact boundary should be straightened out. Mayor Ard opened the hearing to consider an Appeal of the Board of Adjustment Decision to Deny a Special Use Permit for a Daycare Center at 2255 Midway Avenue. Attorney Anderson instructed the Council to consider the matter on the basis of the written I City Council Meeting, August 17 - Page 2 appeal. There was no public input. The City Council acted as the Board of Adjustment when they heard the request for a Special Use Permit on June 15, 2000. Written findings of the hearing are dated July 20,2000. The findings dated July 20, 2000, and the written Notice of Appeal dated June 30,2000, were reviewed. The items listed in the appeal were not answered one by one. The basic reason for denying the request was that the proposed daycare did not meet the requirements of the RPA zone. No changes were recommended. Council member Crandall moved to deny the appeal of Ashley and Karen Roberts filed by Attorney Thomas E. Moss of Moss, Cannon and Romrell regarding a Daycare Center at 2255 Midway Avenue, Ammon. Councilmember Hall seconded the motion. Roll call vote: Crandall - Yes; Hall - Yes; Bean - Yes; Folsom - Yes. The motion carried unanimously. Attorney Anderson agreed to prepare a written response to the applicants regarding denial of their appeal. Fire Chief Nelson proposed to update the Fire Department radio system. The department has been having problems with the radio dispatch and pagers. When he was working on his "wish list" for the budget, he contacted Teton Communications for some answers to the problem. The City of Ucon is experiencing similar problems. It was recommended going to a repeater system. Ucon is willing to go in with Ammon on a repeater system. This would be beneficial to both entities. It is proposed to split all the costs fifty-fifty. Ucon has received a grant to cover their share. Rick Hafla of Teton Communications explained the details of the system, the operation, and the coverage area. He presented a budgetary estimate of $8,155.00 for a VHF repeater system. In addition to the costs discussed, a new base station would be required to take the place of the system now in use because we would be applying for a new frequency with the base station on the new frequency. A new base station would cost approximately $1500 to $2000. All the pagers would need to be reprogrammed at an estimated cost of $40 each. The department has about twenty-five pagers. Teton Communication is competitive with all the public safety accounts, and they offer a premier product and service. The budget includes an amount for equipment, and it is up to the department how the funds are prioritized for use. I The open burning policy and enforcement was discussed. A no burning policy has been in effect since June 12. There have been incidents of citizens failing to observe the policy. 'The fire danger has been high this year, and the public should be informed of the policy. Violation of the no burn policy is enforceable as a misdemeanor with a $300 fine or six months in jail. Scott Yagues became aware of the availability of funds for the Fire Department to purchase fire safety equipment. He submitted an application and was successful. He read a letter from Bechtel BWXT Idaho, L.L.C. that included a check for $5000 for our Fire Department. A special thanks was expressed to Scott, and a letter of thanks will be sent to Bechtel. The Council authorized Chief Nelson to increase his equipment budget $5000. The annexation ordinance for the CBC land Company (Beck et al) property was discussed. The ordinance needs to be modified to eliminate the Burgener property. The Council considered whether or not to include all or none of Hitt Road. Some issues need to be resolved before the ordinance is acted upon. I Councilmember Bean called attention to the Special Meeting scheduled with the City Officials of City of Idaho Falls on August 23. The meeting should help resolve some of the Hitt Road issue. A tentative agenda was recommended. The agenda should include a review of the impact area maps, discussion of overlapping areas, identification of what each wants with possible resolution or terms, annexing into one another's impact area, and the sewer agreement. Regarding the sewer, the City of Ammon wants fairness and equity. There was considerable discussion about how to achieve fairness and equity to the satisfaction of all those involved. The Bonneville County Commissioners and lona Bonneville Sewer District representatives should be invited to the meeting. Councilmember Bean pointed out that we are reaching the time when we need a written agreement with IBSD relative to rates and servicing areas. There was an inquiry about whether rates or servicing areas should be considered first. City of Idaho Falls is very much concerned with City Council Meeting, August 17, 2000 - Page 3 rates, so rates should come before servicing areas. The tentative agenda was approved, and Councilmember Bean will submit it to Mayor Milam. I Lee Staker has been hired by BearCat out of California to find property on which to build telephone towers. BearCat is interested in buying the property rather than leasing. In looking for suitable property, Staker has been trying to stay with property zoned industrial or agriculture. Chad Eldridge owns one property that BearCat is interested in. The Eldridge property is adjacent to Doyle Beck's property. Eldridge has agreed to lease the property to BearCat until it is platted. There is a problem. BearCat is already to begin construction on a tower, and they have applied to Bonneville County for a permit. The County is reluctant to issue a permit because the property is part of the parcel approved for annexation to the City of Ammon, but the annexation process is not complete. Bonneville County does not require a Conditional Use Permit for a tower and City of Ammon does. Bonneville County Planner Steve Serr would like some direction on how to proceed. It was agreed that Bonneville County should go ahead with issuing the tower building permit. Beck and Eldridge are interested in pushing the annexation so they can plat for a road. Negotiations are necessary before the water and sewer will be available for the area. Attorney Anderson advised the Council can go ahead with the annexation ordinance subject to verification of the legal description before it is published. Councilmember Bean moved to approve the annexation ordinance for the Doyle Beck property and the associated properties that are with it subject to changes in the legal description, to eliminate the Burgener property, to include Hitt Road to the west side, and to allow Bonneville County to issue the building permit to BearCat for a tower. Councilmember Hall seconded the motion. Roll call vote: Bean - Yes; Hall- Yes; Crandall - Yes; Folsom - Yes. The motion carried unanimously. I Attorney Anderson introduced Ordinance No. 278, AN ORDINANCE ANNEXING CERTAIN LANDS TO THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO; DESCRIBING WITH PARTICULARLY 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. (CBC LAND COMPANY, a General Partnership, ELDRIDGE, ASHMENT, PACIFICORP, RIVERSIDE NURSERY, PROPERTIES) 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 be waived. Councilmember Hall seconded the motion. Roll call vote: Folsom - Yes; Hall- Yes; Bean - Yes; Crandall- Yes. The motion carried unanimously. Ordinance No. 278 was read by title. Council member Folsom moved the adoption of Ordinance No. 278 as an ordinance of the City of Ammon on its third and final reading. Councilmember Hall seconded the motion. Roll call vote: Folsom - Yes; Hall- Yes; Bean - Yes; Crandall- Yes. The motion carried unanimously. I The City Council reviewed the line item of the tentative Budget for Fiscal Year 2001. Council member Crandall moved to approve the tentative budget for fiscal year 2001 and to authorize the City Clerk to advertise the Budget Hearing for Thursday, September 7, 2000. Councilmember Bean seconded the motion. Roll call vote: Crandall - Yes; Bean - Yes; Hall- Yes; Folsom - Yes. The motion carried unanimously. Attorney Anderson advised that Bonneville Joint School District No. 93 representatives be of the opinion that the bridge built on Owen Street was an offset for the water line extension to the Ricks' property along Sunnyside Road. He will continue to work with the School District to get the issue resolved. City Council Meeting, August 17, 2000 - Page 4 Reports: Chief Clarence Nelson reported for the Fire Department. The pump tests were good for all three vehicles. Some truck work was completed free gratis. David Wadsworth reported for Public Works. In the Ammon Town Center development, trees along the Sand Creek are coming up in yards under the fence and they are pushing up the walking path. I Attorney Anderson advised that the water and sewer connection fees have been added to Resolution 2000-1 which was approved for passing at the last meeting. The Mayor was authorized to sign the resolution. Councilmember Bean inquired about the dog problem on Cabellaro. The weeds need to be cleaned up on the Anderson Lumber Company property (Arave Construction, new owner). Jay Johnson should be billed for a portion of the waterline, which was extended from Ammon Road east on 17th Street. Council member Hall reviewed some of the old records on the sewer. He tried to determine if Idaho Falls owned the sewer facility or if the grant designated regional ownership. Claims were approved. Councilmember Crandall moved to adjourn the meeting, and Council member Hall seconded the motion. The meeting was adjourned at 9:55 p.m. I (~~Q Mayor ATTEST City Clerk I I I I NOTICE OF PUBLIC HEARING BUDGET FOR FISCAL YEAR 2000-01 (FY2000-01) CITY OF AMMON, IDAHO NOTICE IS HEREBY GIVEN that the City Council of the City of Ammon, Idaho, will hold a public hearing for consideration of the proposed budget for the fiscal period October 1, 2000 - September 30, 2001, pursuant to the provisions of Section 50-1002 Idaho Code. The hearing will be held at City Hall, 2135 South Ammon Road, Ammon, Idaho, at 7:30 P.M. on Thursday, September 7,2000. All interested persons are invited to appear and provide comments regarding the proposed budget. Copies of the proposed budget (in detail) are available at the City Clerk's office from 8:00 A.M. to 5:00 P.M., weekdays. City Hall is accessible to persons with disabilities. Anyone desiring accommodations for disabilities related to the budget documents or the hearing, please contact the City Clerk's office at 529- 4211 at least 48 hours prior to the public hearing. GENERAL FUND: Gen. & Administration Law Enforcement Fire Protection Building Fund Total General Fund PARKS & RECREATION FUND WATER O&M FUND SEWER O&M FUND SANITATION FUND STREET FUND TOTAL PROPOSED EXPEND. DEDICATED FUNDS GENERAL FUND TAX LEVY REVENUE - OTHER SOURCES: State Revenue Sharing Inventory Replacement Franchises Liquor Apportionment Building Permits Licenses Magistrate Court Bonds, Animal & Parking Recreation Fees Water Fund Sewer Fund Sanitation Fund Highway Users Restricted Highway Interest Earnings Grants Misc. & Trans. Carry Over TOTAL EST. REVENUE DEDICATED FUNDS PROPOSED EXPENDITURES FY1999 FY2000 Actual Budget Expenditures Expenditures $ $ 123,424.00 110,782.00 234,347.00 132.080.00 $ 600,633.00 120,046.00 254,907.00 244,625.00 136,205.00 205.570.00 $1,561,986.00 $ 851,977.00 167,566.00 144,009.00 411,400.00 116.000.00 $ 838,975.00 173,880.00 434,429.00 418,431.00 138,830.00 273.334.00 $2,227,879.00 $3,264,100.00 FY2001 Proposed Expenditures $ 436,345.00 183,012.00 166,600.00 130.500.00 $ 916,457.00 223,000.00 450,600.00 354,020.00 180,600.00 361.600.00 $2,486,277.00 $3,567,053.00 FY2001 Proposed Revenues $ 326,468.00 182,361.00 17,316.00 36,000.00 71,612.00 200,000.00 7,000.00 4,000.00 1,500.00 58,200.00 420,000.00 277,490.00 160,000.00 278,882.00 .00 165,000.00 .00 46,200.00 234.248.00 $ 2,486,277.00 $ 3,567,053.00 I, Aleen C. Jensen, City Clerk-Treasurer of the City of Ammon, Idaho, do hereby certify that the above is a true. and correct stateme.nt of the proposed expenditures and revenues for the fiscal year 2000-2001, all of which have been tentatIvely approved by the City Council on August 17,2000, and entered at length in the Journal of Proceedings. Dated this 2151 day of August, 2000. Aleen C. Jensen, City Clerk-Treasurer Published: Aug. 29 & Sept. 05,2000 ESTIMATED REVENUE FY 1999 Actual Revenues $ 234,461.00 FY2000 Budget Revenues $ 257,976.00 174,840.00 16,581.00 29,407.00 84,935.00 197,378.00 4,248.00 1,504.00 525.00 61,111.00 392,375.00 258,450.00 150,838.00 242,070.00 28,016.00 189,246.00 .00 21,092.00 .00 $ 2,087,077.00 $ 851,977.00 175,695.00 16,300.00 32,000.00 60,384.00 165,000.00 5,000.00 2,000.00 1,500.00 50,000.00 450,000.00 272,490.00 147,000.00 262,626.00 .00 119,700.00 12,000.00 11,000.00 237.208.00 $ 2,277,879.00 $ 3,264,100.00