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Council Minutes 01/02/2003 CITY OF AMMON January 2, 2003 Minutes of the Regular Meeting of the Mayor and 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 Council member Leslie Folsom Councilmember Randy G. Waite Attorney Scott Hall Engineer Bill Manwill Public Works Director David Wadsworth Planning and Zoning Commission Chairman Tom Hunsaker City Clerk Aleen C. Jensen Absent: Council member Karen Y. Anderson City Administrator Bruce Rose Council member Folsom led the Pledge of Allegiance to the Flag and Council member Bean offered a prayer. Councilmember Bean moved to approve the minutes of City Council Meeting held December 19, 2002, with the correction of the name Mike James to Mike Denning. Councilmember Waite seconded the motion. Roll call vote: Bean - Yes; Waite - Yes; Folsom - Abstain. The motion carried. Cathryn Olsen, 2680 Sawtooth Street, requested a home occupation permit for Major Scale Care Day Care. She wants to obtain a State license to watch less than five children in her home. Originally she had applied to watch five children in the same family, however, the mother quit her job and those children no longer require a day care. Cathryn would like to continue with the permit application to allow her to take up to five other children. The State requires a health inspection, a fire inspection, and a criminal background check. The day care uses one bedroom for naps, a playroom, the bathroom facilities, and the kitchen for eating. It was questionable whether or not she could meet the 25% space requirement. She is not operating any differently than other day cares. The Council wondered whether a day care qualifies as a home occupation. Councilmember Folsom moved to approve a home occupation permit for Cathryn Olsen to operate a day care for no more than five children. Councilmember Waite seconded the motion. Roll call vote: Folsom - Yes; Waite - Yes; Bean - Yes. The motion carried. City Council Meeting, January 2, 2003 - Page 2 Council member Bean recommended that we do not consider any additional permits for day cares until the Council addresses day cares separate from a home occupation permit. It was further recommended that a discussion on day cares be an agenda item for the next City Council work session. The consent agenda included renewal licenses for 2003 as follows: (1) Renewal of General Business License and Retail Sale of Beer by the can or bottle not to be consumed on the premise: Sapphire Enterprises L.L.C. for Sunnyside Chevron and a General Business License only for Chevron Rapid Lube, 2523 East Sunnyside Road. (2) Renewal of General Business License and Retail Sale of Wine and Beer by the can or bottle not to be consumed on the premises: Jacksons Food Stores #71,2545 East 1 yth Street (3) Renewal of Home Occupation Permits: a. Gawn Reid, dba Ornamental Iron Lawn & Garden Fixtures, 3525 Ross Avenue; b. Katrina Witt, Jump Start Preschool, 2970 East Brownstone Circle; c. Hua Byron Lu, dba Evertrue Enterprises (Photo and Video Preservation), 1929 Eagle Pointe Court; d. Michelle Martin, dba Devonwood Castle Day Care, 2965 Devonwood (4) Renewal of General Business Licenses: a. Aspen Grove Assisted Living Center, 2705 East 1 yth Street; b. Elaine Sullivan, Licensed Professional Counselor, 1715 Sabin Drive; c. Qualex Inc., Photo Finishing Concessionaire in Target, 2171 South 25th East; d. 24 Hour Safetyland, 2660 East First Street; e. Ameritellnns Inc., 2501 South 25th East; f. Ship Pro L.L.C., dba Aim Mail Centers #75, 3270 East 1 yth Street; and g. Zions Bank, 1901 South 25th East (5) Renewal of General Business Licenses, Liquor by the Drink, and Beer for consumption on the premises: a. The LaFleur Group, Ground Round Bar and Grill, 2891 South 25th East and b. Johnny Carino's Country Italian, 2833 South 25th East Council member Bean moved to approve the consent agenda as presented. Council member Folsom seconded the motion. Roll call vote: Bean - Yes; Folsom - Yes; Waite - Yes. The motion carried. Attorney Scott Hall introduced Ordinance No. 319 to adopt the International Building Code. The ordinance agrees with Bonneville County's Ordinance No. 210-2 because Ammon has contracted with them to do plan checks and building inspections. Council member Folsom read Ordinance No. 319 by title, AN ORDINANCE OF THE CITY OF AMMON, OF THE STATE OF IDAHO, REPEALING AND RE-ENACTING SECTIONS 7-1-1 AND 7-1-2 OF THE CITY City Council Meeting, January 2,2003 - Page 3 CODE OF AMMON, IDAHO; ADOPTING THE LATEST VERSION OF THE INTERNATIONAL BUILDING CODE; THE INTERNATIONAL RESIDENTIAL CODE, PARTS I -VI AND IX-X; THE INTERNATIONAL ENERGY CONSERVATION CODE; THE INTERNATIONAL FUEL GAS CODE; THE INTERNATIONAL MECHANICAL CODE; AND THE INTERNATIONAL FIRE CODE, PROVIDING EXCEPTIONS; PROVIDING FOR SEVERABILITY; REPEALING CONFLlCITNG ORDINANCES AND PROVIDING AN EFFECTIVE DATE. 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. 319 be waived. Councilmember Waite seconded the motion. Roll call vote: Folsom - Yes; Waite - Yes; Bean - Yes. The motion carried. Council member Folsom read Ordinance No. 319 by title and moved the adoption of Ordinance No. 319 as an ordinance of the City of Ammon on its third and final reading. Councilmember Waite seconded the motion. Roll call vote: Folsom - Yes; Waite - Yes; Bean - Yes. The motion carried. Ordinance No. 320 concerning C.C. 10-5-23, Required Parking and Loading Areas, was introduced. Ron Folsom explained that the ordinance has been reviewed at the request of the City Council by himself, Chairman Tom Hunsaker of Planning and Zoning, and Council member Anderson. There was concern that Section (A) 1 where it states "subsequent building permits" should be changed to refer to business licenses. Ron Folsom and Tom Hunsaker did not change this because a change to business licenses would require another public hearing and changing to a business license changes from Planning and Zoning to what the City Council addresses in Title 4, Licenses. Their recommendation was to not change the parking ordinance but, if the City Council wants to address business licenses and parking, the City Council should change Title 4 and refer to the parking ordinance. Sections (D) 1 and (D) 2, on required parking, were changed to refer to Section 10-11-1 (A). Section (D) 1 b has been changed to spaces so one space has to be covered but all spaces that have to be provided do not have to be covered. Councilmember Folsom read Ordinance No. 320 by title, AN ORDINANCE PROVIDING FOR THE REVOCATION OF SECTION 23, CHAPTER 5, TITLE 10 OF THE 1998 CODIFIED ORDINANCES OF THE CITY OF AMMON AND PROVIDING FOR A NEW SECTION 23, CHAPTER 5, TITLE 10 OF THE 1998 CODIFIED ORDINANCES OF THE CITY OF AMMON; PROVIDING REQUIREMENTS FOR PARKING AND LOADING AREAS, OFF-STREET PARKING; PARKING AND LOADING FACILITIES NON-CONFORMING, PERMISSIVE PARKING AND LOADING FACILITIES, PARKING SPACES City Council Meeting, January 2,2003 - Page 4 REQUIRED IN VARIOUS RESIDENTIAL ZONES, LOCATIONS OF PARKING SPACES FOR DWELLINGS, REQUIRED PARKING FOR VARIOUS COMMERCIAL ZONES, REQUIRED PARKING FOR VARIOUS PROFESSIONAL AND MANUFACTURING ZONES, REQUIRED PARKING FOR VARIOUS INDUSTRIAL AND WAREHOUSING USES, REQUIRED PARKING FOR VARIOUS OTHER USES, LOCATION AND CONTROL OF PARKING FACILITIES OTHER THAN DWELLINGS, COMPUTATION OF REQUIRED PARKING SPACES, COMBINED PARKING FACILITIES, SIZE OF PARKING SPACES, ACCESS TO PARKING FACILITIES, CIRCULATION WITHIN PARKING AREAS, RESTRICTIONS ON LOCATION OF PARKING FACILITIES, DEVELOPMENT AND MAINTENANCE OF PARKING AREAS, LIGHTING OF PARKING AREAS, LIMITATION IN USE OF REQUIRED PARKING AREAS, CONTINUING OBLIGATIONS, PLOT PLAN APPROVAL REQUIREMENTS, REQUIRED OFF-STREET LOADING SPACE; AND PROVIDING FOR AN EFFECTIVE DATE. Council member 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. 320 be waived. Council member Bean seconded the motion. Roll call vote: Folsom - Yes; Bean -Yes; Waite - Yes. The motion carried. Councilmember Folsom read Ordinance No. 320 by title and moved that Ordinance No. 320 be adopted as an ordinance of the City of Ammon on its third and final reading. Councilmember Bean seconded the motion. Roll call vote: Folsom - Yes; Bean - Yes; Waite - Yes. The motion carried. Attorney Scott Hall introduced and explained Ordinance No. 316 to amend Title 1, Chapter 7 to provide for appointment of a City Administrator and for bonding pursuant to a separate ordinance. Councilmember Bean read Ordinance No. 316 by title, AN ORDINANCE PROVIDING FOR THE AMENDMENT OF SECTIONS 1 AND 4, CHAPTER 7, TITLE 1 OF THE CODIFIED ORDINANCES OF THE CITY OF AMMON; AMENDING SECTION 1, CHAPTER 7, TITLE 1 TO PROVIDE FOR THE OFFICE OF CITY ADMINISTRATOR, AND AMENDING SECTION 4, CHAPTER 7, TITLE 1 TO PROVIDE FOR BONDING CONSISTENT WITH IDAHO CODE; PROVIDING FOR AN EFFECTIVE DATE, Councilmember Bean moved that the City Council dispenses with the reading of the ordinance on three different days and that the three readings of Ordinance No 316 be waived. Councilmember Folsom seconded the motion. Roll call vote: Bean - Yes; Folsom - Yes; Waite - Yes. The motion carried. Councilmember Bean read Ordinance No. 316 by title and moved the adoption of Ordinance No. 316 as an ordinance of the City of Ammon on its third and final City Council Meeting, January 2, 2003 - Page 5 reading. Council member Folsom seconded the motion. Roll call vote: Bean - Yes; Folsom - Yes; Waite - Yes. The motion carried. Councilmember Bean introduced Ordinance No. 318 and read it by title, AN ORDINANCE PROVIDING FOR BONDING AMOUNTS OR CRIME INSURANCE OF CITY APPOINTED OFFICERS AND CITY ADMINISTRATOR AS REQUIRED BY SECTION 4, CHAPTER 7, TITLE 1 OF THE CODIFIED ORDINANCES OF THE CITY OF AMMON; PROVIDING FOR AN EFFECTIVE DATE. Council member Bean 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. 318 be waived. Councilmember Folsom seconded the motion. Roll call vote: Bean - Yes; Folsom - Yes; Waite - Yes. The motion carried. Councilmember Bean read Ordinance No. 318 by title and moved the adoption of Ordinance No. 318 as an ordinance of the City of Ammon on its third and final reading. Attorney Hall read from Idaho Code 50-204 regarding bonding requirements. Councilmember Folsom seconded the motion. Roll call vote: Bean - Yes; Folsom - Yes; Waite - Yes. The motion carried. There was a discussion on publication of ordinances by summary. The Council agreed that we should follow acceptable procedures to save publication costs whenever possible. It was decided to publish in full the four ordinances passed at this meeting. Attorney Hall promised to do some research on publication of ordinances and to provide a recommendation for the City Council. The agenda item regarding a discussion on the establishment of a "Flea Market" was deferred to a work session. The interested party did not provide the information for this meeting. Public Works Director David Wadsworth reported on the status of Well No.9 (Bit O'Heaven). There are still problems to solve. The well is not using much power, but the City is committed for the demand charge. The City signed a contract with Utah Power to guarantee a monthly charge. The well needs to run because we are getting a big power bill to provide water to six or eight houses. Attorney Hall addressed the well site property. He reviewed the Quail Ridge Development Agreement, which was approved, prior to his involvement. The agreement states the developer is to provide a water system and a well site for the pump. It goes on to say the well site is also an acceptable site for a future water storage tank for the City of Ammon. A separate paragraph also provides that the developer will convey to the City of Ammon land of a sufficient size and location for the establishment of a substation for fire protection and fire deterrent for that area of the City. Such location shall be at the discretion of the City as to City Council Meeting, January 2,2003 - Page 6 location and size. Another paragraph states the developer shall further convey and dedicate to the City, for use as a public park, a land of sufficient size and location to be a convenient park for the usage of the citizens of the City in the area of the subdivision and also in the eastern area of the City and surrounding areas. Based on that information and the report he received from the last Council meeting, he understood that the other owners in Bit 0' Heaven subdivision were not in opposition to an amendment to the restrictive or protective covenants to allow the lot to be used as a well lot, but they did not want it used for a water storage tank, a fire station, or a park. He was not sure his understanding was correct that they would sign an amendment to the covenants for a well lot. Councilmember Bean was of the opinion that it is not correct that the owners are willing to sign-off. At least, Dr. Biddulph did not indicate a willingness to sign-off unless the City gives him some assurance of compensation for loss of water. Attorney Hall stated the City well is in place on the well site. If the owners will not sign off on the covenants, it is George McDaniel's problem, as the developer, to go to them to get the covenants changed. He may have to pay the owners or to make some guarantee to them. The City has a legal right to require the property to be conveyed and the restrictive covenants to be cleared. The fire station, the storage tank, and the park do not have to be on the same lot as the well. They can be on separate lots. Alan Cunningham of Mountain River Engineering provided some background information. A preliminary plat that has been presented indicated that the developer would provide for a park on the north side of 21 st Street. However, he understood that the fire station would probably be by the well. Mayor Ard was of the opinion the well lot may not be the best location for a storage tank. He has no objection to the tank being some place else, but he wants a commitment for a location. He would like to see provisions for the fire station by the well. Attorney Hall advised the City could let the developer out of the approved development agreement and amend the agreement to something different. Condemnation is another route to take, but it requires judicial procedure. Also, the City would be responsible to pay damages to adjoining property owners. George McDaniel, developer, arrived at the meeting. He did not have a signed agreement to release the covenants. Also, he did not have any additional feed back from the Bit 0' Heaven property owners. He understood Dr. Biddulph did not want a water tower on the lot and he wanted some guarantee if his well went dry. There was a discussion on what action to take. The City Council City Council Meeting, January 2,2003 - Page 7 emphasized to George that it is George's responsibility to work with the property owners. The issue has gone on long enough and needs to be solved. Attorney Hall advised the Mayor and City Council to give George McDaniel directions on what solution would be acceptable to the City. It was agreed to accept release of the restrictive covenants on the Bit 0' Heaven lot for the water distribution system and the well site, provision for a storage take at a different location, and approval for a fire station on the well lot or provision for another suitable location. George agreed to be back in two weeks. Council member Bean said we have been trying to negotiate some type of an agreement with the developers relative to reimbursement of the Quail Ridge water system. It appears to be a cumbersome issue that we may be trying to collect over several years. The Council generally agrees there is a certain amount that needs to be paid back to the developer. The City is responsible to provide a water system for the patrons. He proposed, rather than amending the development agreement, to come up with a lump sum agreement to payoff George McDaniel. George was asked to consider a pay-off and to provide the City with a lump sum amount he would be willing to accept from the City. He was asked to factor in any reimbursement that he had already realized from the development. Judy Young, 2935 Oakhaven, presented a petition to the City regarding changes in garbage collection. The petition read, "Regarding Monday holidays, we, the undersigned, want the City to rescind the present policy of garbage collection on Fridays preceding Monday holidays and revert to the previous policy of Tuesday pickup so that we may have garbage collection on a weekly basis." The petition was signed by 352 people who have garbage picked on Mondays. She asked that it be noted in the record that in conversations with Bruce Rose he told her she was the only person who was complaining about the garbage pickup. She personally talked with all the people who signed the petition over the last three weeks. A lot of them told her they had called the City to complain about the situation. One woman told her that she was treated so rudely that she actually hung up. "I don't know if Mr. Rose is not getting the messages or what is going on. I am here to appeal to all of you for this to be changed." Public Works Director David Wadsworth reported there are 469 pickups on Monday, 522 on Tuesday, 451 on Wednesday, 405 on Thursday, 280 on Friday, 32 dumpsters on Monday, 32 dumpsters on Friday, and 15 or 16 dumpsters on other days. The collection routes have been adjusted from time to time to keep up with the growth. The Tuesday route is the one on which the City has experienced the most growth. The Council discussed options to change the garbage collection schedule. It was recommended to defer further discussion on the issue until the work session. Judy Young reminded the Council that the City Council Meeting, January 2,2003 - Page 8 residents are paying for the service, and they feel they deserve consideration. The residents want garbage picked up on a weekly basis. Reports: David Benton called Engineer Manwill to inquire what the City wants him to put in the summary on the water system study. Council member Waite reported Marty Hallam who lives in Quail Ridge called him to say he talked to someone in the City in June to say he was only getting water part of the time. He claims someone told him the City would pay their water bill for that month. Council member Waite did not know what to tell him. No one present had any information or remembered anything regarding the issue. Councilmember Folsom reported Lee Gagner had called her for clarification on the $20 per month water fee charged while a house is under construction after four months. He was told, if there is only a foundation, he could call the City Office to request the charge be waived. The water fee charge for houses under construction is working out quite well. Chairman Tom Hunsaker explained when they reviewed the preliminary site plan for T J Maxx one issue that came up was the landscaping along Eagle Drive. Basically, there is about 150 feet behind T J Maxx and they need about 110 feet to get the trucks in and out. That leaves about 40 feet to landscape. There is a little bit of an island there. He wondered if the City wanted landscape in the 40 feet or if it is too small to bother. The City wants the landscaping to eliminate the industrial look. Tom Hunsaker inquired if the City has given permission to a homeowner on Avocet Drive across from church to place traffic cones in the street in front of his house so no one can park there, or if it is being done illegally. No permission has been given, but it is not known if what he is doing is illegal. Councilmember Folsom moved to adjourn the meeting and Councilmember Bean seconded the motion. The meeting was adjourned at 8:50 P.M. Mayor Attest: City Clerk