Council Minutes 02/07/2002
CITY OF AMMON
February 7, 2002
Minutes of the Regular Meeting of the City Council:
The meeting was called to order by Council President W. Lee Bean at 7:30 P.M. in the
City Building, 2135 South Ammon Road, Ammon, Idaho, with the following City
Officials present:
Council President W. Lee Bean
Councilmember Karen Anderson
Council member Leslie Folsom
Councilmember Randy Waite
Attorney W. Joe Anderson
Engineer Bill Manwill
Public Works Director David Wadsworth
Fire Chief Clarence Nelson
City Clerk Aleen C. Jensen
Others Present:
Steve and Evan Grayson, 5710 South 45 East, Idaho Falls
Tim and Cody Tapp, 4268 East Wayne Avenue, Idaho Falls
Alan Cunningham, Mountain River Engineering
Corey Smith, Eastgate Drug
Jay Johnson, 2125 Cabellaro Drive, Ammon
Judy Brower of Galusha, Higgins and Galusha
Absent: Mayor C. Bruce Ard
Council member Anderson led the Pledge of Allegiance to the Flag, and
Council member Bean offered a prayer. The Boy Scouts were welcomed.
Tom Hunsaker reported on the Planning and Zoning Commission meeting held
February 5,2002. The Commission talked about what they want to do when a site plan
comes in. They questioned whether to review the plan the same as a plat or whether to
review the plan the same as house plans. They decided to take a middle ground. Site
plans mainly affect commercial development, but there will be a few residential plans,
such as apartments. They want to have the preliminary site plan come before the
Planning and Zoning Commission so they can provide pertinent input as a body.
Following this review the developer can make whatever changes are needed. The final
site plan will be reviewed according to the regular procedures the Commission is using
for houses on lots. A couple of the members will sign to say that the site plan meets all
of the requirements. One of the signatures will be by the Chairman or Vice Chairman.
This was passed as the policy of the Planning and Zoning Commission. (At a later City
Council meeting an amendment was made to the policy to have a member of the
Commission bring the preliminary site plan, which they had reviewed and approved, to
the City Council prior to the Commission members signing off the final site plan.)
City Council Meeting, February 7,2002 - Page 2
The Planning and Zoning Commission conducted a Public Hearing to consider a
request to reroute one easement and to vacate part of an easement on the
property behind Edwards Theater. An easement goes along the north side of where
Owen Street would have been when it was proposed to go straight through. There is an
existing waterline that the developers want to move south so it follows the new course
of Derrald Avenue in order to construct an apartment building on top of where the
current line is. When the rerouted waterline almost meets the school property, it will be
brought back to tie in where the line is today. Also, there is an easement of twenty-five
(25) feet where the ditch used to be to carry irrigation water down from the canal to the
Ricks' farm property. The ditch has been filled in and the Ricks family put in a six (6)
inch pipe to carry the irrigation water. The request is to reduce the easement of twenty-
five (25) feet to ten (10) feet since the pipe does not need as much width as a ditch.
The Commission unanimously recommended approval of the request.
Attorney Anderson explained the easement is for the Ricks' farm but they have given
their approval and consent. So, as required in the provisions on vacating of easements
in a platted area, we obtained the consent of the affected party. Alan Cunningham of
Mountain River Engineering has certified that he has the consent from Ricks to reduce
the width of the easement.
Engineer Manwill added that the City acquired the one easement when the waterline
was put in. The other easement was created when the Ricks' farm was platted. Prior to
that time it was on the Ricks' property and they did not need an easement.
Another Public Hearing was held before the Planning and Zoning Commission to
consider a rezone from RPA to R-2 on property located at 2130 and 2150 South
Ammon Road so they can make an apartment in the basement of one of the houses.
The lot immediately to the north is zoned R-2 and the lots across San Carlos continuing
north along Ammon Road are also zoned R-2. There was one problem about making
an apartment in the basement. The zoning ordinance currently states that you can not
have one dwelling unit over another dwelling unit until you get to R-2A. They can be
side by side in an R-2 but they can not be one over another. As the Planning and
Zoning Commission discussed this, they planned to take a look at the zoning
ordinances to consider whether or not that clause should be taken out of the R-2 zone.
There are a number of R-2 properties where there is one unit over another. The
Commission recommended to the City Council approval of the zone change for 2130
and 2150 South Ammon Road.
Council member Bean asked if the request involved two homes. There are two homes
on the property, but only one will have a basement apartment. The rezone affects two
houses. Councilmember Bean thought the City wanted to restrict basement apartments
in single family dwellings in residential areas. By allowing the rezone, we are allowing a
single family dwelling to be turned into an apartment. It appears we may be giving
preferential treatment. Councilmember Folsom contended that we are consistent with
City Council Meeting, February 7,2001 - Page 3
the R-2 zone. Councilmember Bean added that the City already has apartments being
rented out in residential areas. This opens the door, and we may be asking for
problems when someone else makes a request.
Council member Anderson asked if the Planning and Zoning Commission addressed the
Comprehensive Plan on this request. The Land Use Map shows the area to be high
density. A petitioner in a high-density designated area has a strong reason to ask for
high-density zoning.
Tom Hunsaker said the City also should define what they want to do about R-1A
properties or town houses. Can one of them be in the basement and one of them be
upstairs? The Planning and Zoning Commission did not address R-1A when they
considered addressing a change to allow the R-2 zone to have one unit above another.
Requirements of the R-1A zone were reviewed the R-1A zone does not allow one unit
above another. This was planned purposely so a town house could not be turned into a
four-plex. The R-1A zone requires a separate waterline and a separate sewer line for
each unit. In R-2, if there is only one service line, the landlord is responsible for both
units.
The Planning and Zoning Commission chose new officers. Tom Hunsaker was chosen
as the new Chairman and Maxine Hardy is Vice Chairman.
Councilmember Anderson asked if the City Council needed to decide if another hearing
was required to vacate the easement on the Ricks' Farm.
Attorney Anderson discussed the procedures for vacating easements and streets. We
have struggled with the procedural aspect of vacations of easements and streets. It
now comes under the section of Idaho Code on plats and vacations. That is a different
chapter and section of the Code than the Local Planning Act. The Local Planning Act
has a section, which says a hearing will be held before the Planning and Zoning
Commission and then the City Council may hold a hearing if determined to be
necessary. This is a discretionary decision. The change of zone is under the Local
Planning Act so the Council can review the recommendation of the Planning and Zoning
Commission and decide if they want to hold a hearing. Under plats and vacations, the
section states you have to present the petition to the City Council. It also states in case
of easements for gas, sewer, water, telephone, cable, television, power, drainage, and
slope that a public notice of intent to vacate is not required. So we do not have to hold
a hearing before the City Council. We did adopt a procedural aspect when we had
another petition to vacate an easement. We thought it was desirable to have a request
heard before the Planning and Zoning Commission. In the case of the Ricks' Farm
request, the Planning and Zoning Commission has held a public hearing. Public notice
of intent to vacate is not required provided that the holders have been notified and have
agreed to the same in writing. Alan Cunningham certified that all of the owners, which
would be affected on the vacation of easement now pending before the City Council,
City Council Meeting, February 7,2002 - Page 4
have agreed and do desire the vacation. The City Council can comply with that. If the
City Council is ready to go ahead without holding another hearing, a decision can be
made based upon the recommendation of the Planning and Zoning Commission plus
the consent of affected parties. The City Council has the option to conclude the request
or to schedule an additional public hearing. That is a choice under the section on
classifications as far as the vacation of easement. As far as the change of zone, the
Council also makes the same decision whether to hold another hearing under the
provisions of the Local Planning Act. It was left up to the Council whether they felt well
enough informed and well enough advised to decide or to get more information and
another hearing.
The Council was comfortable with the vacation of easement. There was no public
opposition at the Planning and Zoning Commission hearing. No one lives within five
hundred (500) feet of the property.
Council member Folsom moved to relocate the waterline and vacate the easement
on Lot 4, Block 6 of Ricks' Farm Division No. 2 without a public hearing before the
City Council. Council member Waite seconded the motion. Roll call vote: Folsom -
Yes; Waite - Yes; Anderson - Yes; Bean - Yes. The motion carried unanimously.
Jay Johnson represented one of the owners, Theone Smith, and explained to the City
Council about the request for change of zone from RPA to R-2 of the property at
2130 and 2150 South Ammon Road. Council member Anderson encouraged the
Planning and Zoning Commission members to keep looking at the Comprehensive Plan
when making their recommendations.
Councilmember Bean was concerned that we are opening doors for anyone who may
decide to put an apartment in their basement. Councilmember Anderson asked if the
City Council had ever changed a zone without a second hearing. The answer was
"Yes, we have." Council member Anderson added that it did not seem necessary to
have a second public hearing for this rezone. Notice of the hearing was published in
the newspaper and notices were mailed to property owners within five hundred (500)
feet. There was no public input at the Planning and Zoning hearing. Councilmember
Folsom agreed.
Council member Anderson moved to not hold a second public hearing on the request for
rezone from RPA to R-2 of the properties at 2130 and 2150 South Ammon Road and to
approve the rezone from RPA to R-2. Council member Folsom seconded the motion.
Roll call vote: Anderson - Yes; Folsom - Yes; Waite - Yes; Bean - No.
(Councilmember Bean voted "No" because he believes that we may be asking for a
problem down the road when somebody else, in a similar situation, wants to do the
same thing.) The motion carried. Attorney Anderson agreed to prepare the ordinance
for the next meeting.
City Council Meeting, February 7,2002 - Page 5
Judy Brower of Galusha, Higgins, and Galusha presented the financial audit of the
City of Ammon for the fiscal period October 1, 2000 through September 30, 2001.
Ammon Urban Renewal is considered as a component unit of the City, and it is included
in the audit report. The financial statements belong to the City, and the responsibility of
the auditors is to give an opinion as to whether or not they believe the statements are
fairly presented.
"In our opinion, the general purpose financial statements referred to above present fairly
in all material respects, the financial position of the City of Ammon as of September 30,
2001, and the results of its operations and the cash flows of its proprietary fund types
for the year then ended in conformity with accounting principles generally accepted in
the United States of America." (Independent Auditors' Report, Page 1 dated September
30, 2001)
Judy Brower walked the City Council through the various pages of the audit and
explained the details. There is very little debt in the City of Ammon, but Ammon Urban
Renewal has a substantial amount of indebtedness. The debt of Ammon Urban
Renewal is not an obligation of the City. The Ammon Town Center project was set up
on tax increment financing as Ammon Urban Renewal. A portion of the property tax
upon the properties involved goes to retire the debt. Details of the Ammon Urban
Renewal program were reviewed.
It was pointed out how the funds performed compared to the budget. "It was noted that
an amount included in expense for the current year should have been included in the
financial statements for the year ended September 30, 2000. It was determined that
$181,824 of sewer fees owed to the City of Idaho Falls were actually expenses of the
prior period. The beginning retained earnings and current year expenditures of the
sewer fund have been adjusted in the financial statements to reflect this change."
(Independent Auditors' Report, Page 22 dated September 30,2001)
Accounting procedures were discussed. The City has a good computer program, and
we need to continue to work at implementing it to reap the benefits. It was
recommended that we close each month when the bank account in reconciled.
Interesting changes are forth coming. We will be required to implement GASB 34. The
City changed the capitalization policy up to $1000, but the auditor requested the City
Officials to consider increasing it to $5000. This is primarily on account of GASB 34
when we will have to start calculating depreciation on more items.
City of Ammon has to pass a resolution and adopt an ordinance to accept the revisions
to the Federal Emergency Management Agency Flood Insurance Rate Map.
Attorney Anderson has requested information on the date to be used for the revised
study before we can complete the required action. The revisions are to be implemented
by April 2, 2002.
City Council Meeting, February 7,2002 - Page 6
The Housing Company, a non-profit development and property management company,
is currently in negotiations to buy Creekside Apartments, 3655 Maiben Avenue. They
would like a letter from the City of Ammon to state that the City is in favor of the transfer
of this property to the Housing Company and it's subsequent improvements. The City
Council was hesitant to write a letter because of lack of information about the program.
However, the Council agreed to a casual letter confirming the zoning and a statement to
say we welcome improvements to properties within the City of Ammon.
The City instituted a policy regarding billing for services during construction. Once
a foundation is in and a home is being built, we begin billing a flat fee for water four
months after construction began. The purpose is to eliminate people moving into a new
home without signing up for services. Arave Construction, on the apartments presently
under construction, was billed for eighty-two units. Needless to say they were
considerably concerned when they received a bill for $2700. When the policy was
adopted, it applied to single family residences. The policy needs to be looked at to
determine what to do about apartments. Arave Construction obtained their permit for the
whole complex. It was believed that final inspections have been completed for two
units, and they are occupied.
The Council brainstormed ideas for billing a new apartment complex. It was agreed to
reverse the billing of $2700 to Arave Construction for their apartments. Four months
after construction begins on an apartment building the builder will be billed for each
building unit at the flat rate of $20 per month. As soon as a final inspection is issued for
a living unit in a building, we will begin billing for the unit at the full unit rate.
Councilmember Folsom plans to rewrite the resolution to adjust billing procedures.
Council member Folsom advised that the Shelley Police Department and another Police
Department from Bingham County are sponsoring a Car Show on July 13, 2002, for
kids at risk. They have invited City of Ammon, Bonneville County, and City of Idaho
Falls. They are especially interested in having Sgt. Greg Black participate with the
Ammon/Bonneville County Sheriff's Department vehicle. It is beneficial to have kids at
risk familiar with the officers. There was no objection to have Sgt. Black participate.
There has been a problem with obtaining background checks on applicants for
bartender permits. Applications have been received from Ruben Guzman, Troy
Potter, Joe Walrath, Brigido Dudran, and Cali Loftus. The City Clerk asked how much
of a background check the City Council wanted. Attorney Anderson said we could not
justify denying a bartender permit on the basis of an offense the applicant was
convicted of which is not mentioned as a disqualification in our ordinance or the State
Code. The Council discussed what the City wants in the way of a background check
and the procedure to follow in issuing the permit. Any violation related to alcoholic
beverages within the past five years should be a disqualification for a City of Ammon
permit. Councilmember Anderson was assigned to solve the problem. She agreed to
provide a policy on bartender permits for the policy manual.
City Council Meeting, February 7,2002 - Page 7
Lee Hartford of Smoker Friendly, 1747 Sabin Drive applied to the City Office for a
license to sell beer by the can or bottle not to be consumed on the premise.
Council member Folsom moved to accept the application for a license to sell beer by the
can or bottle for Lee Hartford, dba Smoker Friendly. Councilmember Bean seconded
the motion. Roll call vote: Folsom - Yes; Waite - Yes; Bean - Yes; Anderson - Yes.
The motion carried unanimously.
Council member Bean updated the City Council on the Wal-Mart project. Regular
communications are had with Jay Snyder of the architect's department. The State
Board of Education denied the sale of the small strip of land for access. They want to
sell the property as one whole piece. An attorney in Moscow, Idaho has been
appointed to negotiate the sale of the whole piece. Wal-Mart has two other choices to
work on. They can go to the State Department of Public Lands and request a right-of-
way across the property. Or the other choice is a surplus property transfer involving
Bonneville County.
Council member Anderson discussed adding items to the City Council agenda after it
has been posted. We have been posting the City Council agenda forty-eight (48)
hours in advance of the meeting or at the close of business on Tuesday. When the
Planning and Zoning Commission holds their meeting on Tuesday, the City Council
agenda has already been posted so the agenda has to be amended to add the Planning
and Zoning business. The question was should we continue to amend the City Council
agenda to add the Planning and Zoning Commission items or should we require the
Planning and Zoning Commission items to be held for two weeks until the next City
Council meeting. Various ideas were discussed. The conclusion was to continue to
post the City Council agenda on Tuesday, and the items from the Planning and Zoning
Commission meeting are to be automatically carried over to the City Council meeting on
Thursday.
Councilmember Folsom reminded that it is critical for the City Council to proceed with
the annexation of the County Islands. New legislation on annexation is being
considered by the Legislature.
Reports: David Wadsworth reported for Public Works. The crew has been busy
plowing snow and building dumpsters. There was an electrical fire at a house on
Falcon Drive. The Ammon Fire Department responded and did a good job. The
Department was dispatched to the fire on the old frequency.
Councilmember Anderson commented on the dispatch system. She understood from
her discussions with City of Idaho Falls that dispatch would not dispatch Ammon using
our new frequency for the rest of the fiscal year. She has been working to solve or to
understand the dispatch problem, and she reviewed some of the information she had
encountered.
City Council Meeting, February 7,2002 - Page 8
Attorney Anderson reported that he had received a response from the Human Rights
Commission on the complaint filed by Keith Roberts. They have made a finding of no
probable cause, and they recommend a dismissal. The complaining party has ninety
(90) days to initiate an appeal if he wishes.
Also, Attorney Anderson has received a letter from the attorney of Jerald and Robin
Knight about the moving of the storage units. The Court dismissed their appeal so
we are back to the order being effective. They are now proposing some time to get the
storage units moved. Mr. and Mrs. Knight have separated. Mr. Knight has moved his
unit, and Mrs. Knight does not have a way to move hers. She would consent to help
from the City to move her unit. It was decided that the City crew would move her unit to
the Well NO.7 property and would allow her four months to sell the unit or find it another
home. Attorney Anderson agreed to make the contact and notify Public Works Director
Wadsworth when he can proceed with the move.
Council member Waite attended the Association of Idaho Cities Water Quality Open
House. He received some good information. He talked to an individual about shutting
down a private well rather than just walking away from the well.
Council member Folsom inquired about the new garbage truck. She encouraged the
City to look at a different automated system. Councilmember Anderson said there is a
trend toward the automated system, and the City should look to see if there is a cost
benefit. Councilmember Waite questioned if the trucks that pick up the containers
would work on a cul-de-sac. They work great on a straight street, but where do you put
the container in a cul-de-sac so the truck can make the turn to pick it up?
Councilmember Bean did not object to doing a study on a container truck system, but
he recommended having some private companies bid on garbage collection. Changing
systems means a big investment. Councilmember Folsom was looking at a transitional
program to work into a new system. A new system will not save time on the route. It
will save employees. Discussion continued. A new garbage truck for the existing hand
load system has already been ordered. No decision was reached, but the Council was
encouraged to think about changing systems at some point in the future.
Council member Folsom moved to approve the minutes of the City Council Meeting
held January 3, 2002. Council member Waite seconded the motion. Roll call vote:
Folsom - Yes; Waite - Yes; Bean - Abstain; Anderson - Abstain. The motion did not
pass. The minutes of January 3 should be added to the agenda of the next meeting.
Councilmember Bean reported on the meeting with representatives of School District
No. 93 on the Sunnyside Road project. Basically the School Board has taken the
position that they do not want to give right of-way for a deceleration lane until there is a
signal light. Cost-wise we can not put a light in. They will grant the right-of-way for an
acceleration lane going west. The City asked the School Board if they would allow us to
use their drainage pond for runoff. They wanted it fenced and grassed with a sprinkler
City Council Meeting, February 7, 2002 - Page 9
system. Engineer Manwill is working up ideas for the drainage. It was agreed to
eliminate the parcel at Hillcrest High School off the right-of-way plat. A metes and
bounds description will be written for what right-of-way we get. Engineer Manwill
advised that Bonneville County, City of Idaho Falls, and City of Ammon share the cost
involving storm drainage. It is part of the roadway system. The acceleration lane is the
burden of City of Ammon. A signal light on Hitt and Sunnyside and one on Ammon
Road and Sunnyside will help control the traffic flow. The School District had to put in
additional money on the Owen Street project. There was a discussion about meeting
again with the School Board. Engineer Manwill recommended that he complete his
study on the storm pond and then the City Officials can go back to the School Board
with the results.
Engineer Manwill pointed out a couple of items on the Sunnyside Road project. The
bid is out for the little bridge between Romrell Lane and Central Avenue. It will be
opened March 3. Right behind that, the bid will be let on the other bridge. There will
have to be a detour because both of the bridges will be out at the same time. The City
of Ammon, City of Idaho Falls, and Bonneville County approve the detour. The thinking
is that the detour will go south on Ammon Road to Township Road and back up to Hitt
Road. That will be the official detour, but in reality no one will use it. They are all going
to use Carolyn Lane, but the entities can not put the detour into Carolyn Lane and get
away with it. It was suggested that Sgt. Black do some speed control in the area during
construction. It will be a short-term construction project.
Engineer Manwill added another comment on the auditor's report. He has been in
various meetings, and he is hearing that GASS 34 is not mandatory. It is a procedure
that is being put in by accountants, but the reality is the City will not be able to get a
financial report without converting. It will probably cost the City extra to convert to
GASB 34. The City Clerk thought we would be required to convert but the dates for
conversion are different. The horror story of GASB 34 is you have to depreciate all the
assets including the streets, sewer systems, etc.
Kmart has filed for bankruptcy. Their last check to pay for utility services was returned
for non-payment. A claim can be filed to collect on the check, but we can not deny them
future service. The City Clerk recommended scheduling Clean-Up Week for May 13
through 18 with Clean-Up Day on Saturday, May 18. Claims were approved.
Councilmember Folsom moved to adjourn the meeting, and Councilmember Anderson
seconded the motion. The meeting was adjourned at 10:45 P.M.
Council President
Attest:
City Clerk