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Council Minutes 10/18/2001 CITY OF AMMON October 18, 2001 Minutes of the Public Hearing of the City Council acting as the Board of Adjustment and 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, Mayor Councilmember 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 Others Present: AI Thompson, Bonneville County Sheriff's Department John Cutler, Boy Scout Troop 188 Josh Coffin, Boy Scout Troop 188 Dylan Barker, Boy Scout Troop 188 Kyle Farmer, Boy Scout Troop 188 Logan Cook, Boy Scout Troop 188 Gerald Barker, Assistant Scoutmaster Boy Scout Troop 188 Alan Cunningham, Mountain River Engineering Ilene Stolworthy, 4279 Amber Lane, Ammon Tricia Schumacher, 3790 Georgia Lane, Ammon James and Jim Southwick, Boy Scout Troop 307 Michael Jones, 1805 Midway Avenue, Ammon Sharon Cutler, 2940 Brownstone Circle, Ammon Bud Langerak, Bonneville County Sheriff's Office Jeff Freiberg, Harper Leavitt Engineering Three other Boy Scouts Council member Hall led the Pledge of Allegiance to the Flag, and Council member Bean offered a prayer. Mayor Ard opened the Public Hearing of the City Council acting as the Board of Adjustment to consider the request of Eastgate Drug for a landscape variance on the corner of Midway Avenue and East 1 ih Street. Notice of Hearing was published in the Post Register on October 2 and October 16, 2001. Also, notices of the hearing City Council Meeting, October 18, 2001 - Page 2 were mailed to property owners within five hundred (500) feet and to other interested parties. Mayor Ard swore in individuals who were interested in presenting testimony. Corey Smith, owner/manager of Eastgate Drug, 3270 East 1 yth Street, explained their request. The Smiths are in the process of seeking a building permit to build on the land adjacent to the west of their store at the current location. They do not own the building they are in, and they propose to build a new drug store on the corner. The store will be approximately 4000 square feet. It will significantly improve the parking, as it will go from nine parking spaces to twenty-three parking spaces. It will make the in-flow and out-flow to 1 yth Street safer and more convenient for their customers as well as for others traveling in the neighborhood. The variance requested is for landscaping. The lot is 175 feet by 125 feet or approximately one-half acre. Two sides of the lot are on roadways. A literal interpretation of the City's new landscape code for commercial structures requires landscaping to constitute a little more than 20% of the total lot size. The proposal of Eastgate Drug, which was discussed with the Planning and Zoning Commission, constitutes about 10% of the lot. It provided for six feet of landscaping on Midway Avenue and four feet on East 17th Street. Since then, an engineering firm has reviewed the plans. The City has six feet of right-of-way on 1 yth Street. Smiths request permission from the City to landscape the six feet of right-of-way with the four feet. This would make ten feet of landscaping on 17th Street. The requested variance conforms to the standards for granting a variance. The lot was purchased prior to the time the landscape code was adopted. The new code handicaps the lot for commercial use. The front will be landscaped, and the curb cut near 1 yth Street and Midway Avenue will be closed. The 10% of landscaping as proposed will be similar to what City of Idaho Falls requires on 1 yth Street west of Hitt Road. They plan a large berm on the corner similar to the one at Ammon Town Center. There will be no variance on parking. A scale drawing was presented to show a balanced proposal for the lot. The Planning and Zoning Commission recommended approval. Councilmember Crandall asked to hear the Planning and Zoning Commission's report on the request. Tom Hunsaker responded to the request. The Commission looked at the various options. They did not directly review the four points on the variance application that have to be met, but indirectly they were all covered. There was a lot of deliberation. The problem is the size of the lot. It is 175 feet deep by 125 feet wide. The width is the east/west measurement and the 175 feet is the north/south measurement. That is a very small lot. A 4000 square feet building is not large by commercial standards. It is not much larger than what Eastgate Drug now has, so they do not have a lot of options. The hardship results from the small lot. When the landscape ordinance was passed, the Commission was looking at the Ammon Town Center and the Mall. This does not fit in there. One of the things the Commission did look at was a suggestion that Eastgate Drug made to consider changing our ordinance City Council Meeting, October 18, 2001 - Page 3 for small lots. It was decided that small lots are not going to come before the Commission very often. The overall goal is to have 15' to 30' of landscaping. It would be best to look at a variance for a small lot to be considered on a case by case basis. One of the major concerns about Eastgate was landscaping along the arterial (1 ih Street). With the changes proposed, they should not need much of a variance. Ron Folsom had ideas about Midway Avenue that sounded good. The Commission did not talk about different landscape widths on one street versus the other. Looking at the hardship case and the benefit to the City, the Commission felt the variance made sense. Council member Crandall added that he first thought the ordinance needed to be amended. However, he did not have a problem if Planning and Zoning and the Board of Adjustment are flexible to look hard at the criteria and handle small lots on a case by case basis. Councilmember Folsom said, regarding redoing the ordinance, it was looked at not making an issue so someone would divide his or her land down to create a hardship. A hardship situation should be looked at as a solution and not someone "playing the game." Alan Cunningham of Mountain River Engineering stated Eastgate Drug and Corey Smith's efforts speak for themselves. They have tried to accommodate the rules and ordinances of the City of Ammon. Council member Hall asked about the utility easements for their current building. The electrical easement was believed to be an overhead easement. Councilmember Crandall inquired about the size of the building if it was what Eastgate wanted or if it was reduced in size. The main floor of the building is to be 4000 square feet with a small upstairs. It is the maximum size to fit the required parking spaces. Corey Smith stated they do not feel constrained by the code on parking spaces. They want that many parking spaces. The size will be fine and fits their budget. Michael Jones commented that Corey Smith had given up two curb cuts to the lot that Quality Water used. Mayor Ard called for additional input. There was none, so he closed the Public Hearing. Councilmember Folsom moved to approve the landscape variance for Eastgate Drug. Councilmember Hall seconded the motion. Roll call vote: Folsom - Yes; Hall - Yes; Bean - Yes; Crandall- Yes. The motion carried unanimously. Council member Folsom introduced a discussion on training in chemical and biological warfare. Because of the Anthrax scare, as a result of the terrorist attack City Council Meeting, October 18, 2001 - Page 4 on September 11, 2001, there is an awareness of the need for training. AI Thompson of the Bonneville County Sheriffs Department is one of the officers who have had special training. There is a school available for training, which the government pays the fees for. They pay for the school, the airfare, and the meals. They do not pay for the salary of the trainee. Sgt. Black was asked to check with the Sheriff to see if it would be all right for him to go. It is a policeman/fireman training. Fire Chief Nelson and Scott Yagues would be willing to go if it was approved by the City Council. It would be beneficial to have two people in our Fire Department fully trained to treat chemical warfare, biological incidents, haz mat, etc. The training takes one week, and we have to make application to get in the program, which is known as the Cobra training. Deputy AI Thompson explained that he went about a year ago to this training. It was an intensive training, and he reviewed the week's training agenda. He highly recommended the training. Anyone that can go, who would be available to help with an incident, is for the better. There is no limit to how many can go from Bonneville County. All you need to do is sign up and when your name comes up on the list you have to go at that point in time. It is not known how soon someone from Ammon could get in. Councilmember Folsom wanted Council approval. There was a question about what to do about salary reimbursement. Sgt. Black's salary would be covered through Bonneville County. Fire Chief Nelson would probably have to take vacation. Council member Bean reminded that we need to make sure what budgeted funds any reimbursement is coming from. Council member Hall inquired if it would be advisable to send one of the permanent City employees rather than sending two from the Fire Department. It was agreed this was a good idea. However, the recommendation is to have one police department and one fire department representative. Sgt. Greg Black and Chief Clarence Nelson should be first choices for Ammon and then David Wadsworth and Scott Yagues. An application needs to be made in the name of an individual. Chief Nelson was asked to check on applications. Mayor Ard welcomed the Boy Scouts. Each introduced himself and told what merit badge he was working on. Ilene Stolworthy, 4279 Amber Lane, requested a home occupation permit for Rock Canyon Massage Works. She did the same thing in Salt Lake City. Her sister- in-law is a massage therapist, and she got Ilene started making massage therapy holsters. The holster holds the lotion bottle. There will not be any traffic except a delivery about once a month by UPS. She sends holsters by UPS, mostly to Utah. City Council Meeting, October 18, 2001 - Page 5 There will not be any signs or no employees. She uses a small unfinished part of her basement. It is all wholesale for resale. Councilmember Crandall moved to approve the home occupation permit for Ilene Stolworthy, 4279 Amber Lane. Councilmember Folsom seconded the motion. Roll call vote: Crandall - Yes; Folsom - Yes; Bean - Yes; Hall - Yes. The motion carried unanimously. Tricia Schumacher, 3790 Georgia Lane, requested a home occupation permit. She has started a small home business, by mistake almost. She was playing around with her kids with clay. They invented a new little business. Kits are going to be sold off the Internet. She has created a web page, and she has shows in New Hampshire and Colorado. The business is selling clay magnetic kits of various themes like school, holidays, birthdays, and birth announcements. There is not going to be any employees. It is just Tricia playing with clay, mostly on her kitchen counter. The kits are assembled back in New Hampshire. She draws the templates to put over the clay. She has over 100 templates that she has drawn. There are only two that she wants to get copyrighted. It is similar to "Creative Memories" where they do artistic decorations on scrapbook pages to put photos in. In this case, the keepsake is made of clay. There will be no heavy traffic. Council member Hall moved to approve the home occupation permit for Tricia Schumacher, 3790 Georgia Lane. Councilmember Folsom seconded the motion. Roll call vote: Hall - Yes; Folsom - Yes; Crandall - Yes; Bean - Yes. The motion carried unanimously. Neahl Johnson approached the City Council at the last meeting regarding sweeping the streets in Centennial Ranch. He was of the opinion that City of Ammon should sweep all of the streets and not just the ones with curb and gutter. The City's policy has been to limit street sweeping to the curb and gutter areas. It has been the policy to sweep those streets once a year. One of Neahl Johnson's concerns was rock from chip/seal, but it is not unique to Centennial Ranch. The key point was Johnson pays all the taxes that curb and gutter residents pay. However, they get their streets swept and Johnson does not. The policy does not treat the residents equally. There was a discussion on street sweeping and costs involved. The Council questioned whether or not street sweeping is a priority issue. Mayor Ard explained that we are pursuing some grants and part of the requirements is that the City has a tree committee. The tree committee will help decide where trees are placed in parks and other areas of the City. They will also be able to assist with the care of trees. Mayor Ard recommended that Reuel Smith, Jim Donovan, David Wall, Moalee Wall, and Ken Lembrich is appointed to a tree committee. These City Council Meeting, October 18, 2001 - Page 6 individuals have agreed to serve. The first meeting is scheduled at the City Building on October 24 at 7:00 P.M. Councilmember Folsom moved to approve the tree committee named by Mayor Ard. Council member Crandall seconded the motion. Roll call vote: Folsom - Yes; Crandall _ yes; Bean - Yes; Hall- Yes. The motion carried unanimously. Along with the tree committee, the City needs a tree ordinance. Ron Folsom has drafted a tree ordinance. Copies were given to each member of the Council and to the attorney for review. The City Clerk reported on the details of the General Municipal Election to be held Tuesday, November 6, 2001. The City of Ammon is designated as Precinct 98, and all the voting will take place at the City Building. We have a large number of registered voters, so we plan to divide alphabetically into 98A and 98B to expedite the voting. The City Council was asked to approve the election judges and clerks. The City Clerk recommended that Regina Borg and Linda Godfrey serve as judges. Eja Allen, Clea Fullmer, Susan Cook, Mala Lyon, Cindy Davis, Marilyn Ostenson, and Glennette Hillyard have expressed a willingness to serve as clerks. The Bonneville County Election Office has set a pay scale of $7 per hour for judges and $6 per hour for the rest of the board. Councilmember Crandall moved to approve the election workers as recommended by the City Clerk and to pay them according to the Bonneville County scale of $7 per hour for judges and $6 per hour for clerks. Council member Folsom seconded the motion. Roll call vote: Crandall - Yes; Folsom - Yes; Hall - Yes; Bean - Yes. The motion carried unanimously. In order to declare the results of the election to be final, the City Council is required to canvass the election within six days. The canvass of the election was scheduled for Thursday, November 8,2001, at 6:00 P.M. Some of the candidates for City Council have requested a "Meet the Candidates Night." This would provide the public an opportunity to get acquainted. An informal meeting has been scheduled for Thursday, October 25,2001, at 7:30 P.M. Councilmember Hall presented information about pouring foundations without a building permit. Johnsons of Rockwell Home, when they were digging all the holes, poured a foundation for a house without a building permit. They did have the foundation inspected three days before the permit was issued. This is the second time they have done this. Previous to this time, Bonneville County and the City of Ammon have doubled the charge for both the plan check and the permit as a penalty. City Council Meeting, October 18, 2001 - Page 7 The County found out according to the Uniform Building Code that they can not double charge. Only the City can double charge for our portion. In the flurry of activities, the contractor made a mistake. The City did charge double on our portion. Mark Johnson was encouraged to try to do better in the future. The contractor understands the rules. Their cement contractors will not pour without an inspection. Attorney Anderson introduced Ordinance No. 298 by title, AN ORDINANCE TO AMEND THE ZONING CLASSIFICATION AND THE ZONING MAP FOR CERTAIN LANDS LOCATED WITHIN THE CITY OF AMMON; PARTICULARLY DESCRIBING SAID LANDS AND DECLARING THE CLASSIFICATION OF ZONING FOR EACH SUCH PARCEL OF LAND; PROVIDING FOR AN EFFECTIVE DATE (LARALL D. KENT - LOT 1, BLOCK 2 HILLER ADDITION DIVISION NO.1). The ordinance was read in full. Council member Folsom moved, regarding Ordinance No. 298 introduced by title and read in full by Attorney Anderson, 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. Council member Crandall seconded the motion. Roll call vote: Folsom - Yes; Crandall - Yes; Bean - Yes; Hall - Yes. The motion carried unanimously. Council member Folsom moved the adoption of Ordinance No. 298 as an ordinance of the City of Ammon on its third and final reading. Councilmember Crandall seconded the motion. Roll call vote: Folsom - Yes; Crandall - Yes; Bean - Yes; Hall - Yes. The motion carried unanimously. Roger Hill of Bonneville Joint School District No. 93 called Councilmember Bean. A girl student was hit while crossing Sunnyside Road to the Stonehaven Addition. It was not certain whether the girl or her bicycle was hit. However, the incident prompted the City to get the crosswalks painted and to put the signage up. Roger Hill reported the School District has decided to utilize crossing guards, and he wanted to know if the City was agreeable to stopping the traffic. The traffic will be stopped intermittently for forty-five minutes in the morning and forty-five minutes in the afternoon. The School District will pay for the guards. It was agreed this was a good idea. Public Works Director Wadsworth reported a problem with garbage collection for Texas Roadhouse. They do not have enough land for their dumpster. Three different managers have been talked to about straightening out the problem so the City does not have four employees over there for forty-five minutes each day to empty their garbage. In order to empty the dumpster, it is necessary to physically pull the dumpster out and to clean up the mess after. It was decided that the problem had gone on long enough. It was time to do something. Texas Roadhouse contracted City Council Meeting, October 18, 2001 - Page 8 with PSI Waste Systems to dump their garbage. Apparently IHOP is also looking at others to do their garbage. The question arose, even though Texas Roadhouse contracts with someone else to do their garbage collection, are they still responsible to pay the City service fee. Albertsons, Target, and a few others have compactors and we do not have the equipment to provide them service. Since we do not have the capabilities, they have not been charged City service fees. However, should we be charging them? Council member Folsom said that is what we are trying to come up with. We insist that residents pay for the service whether they use it or not. At one time, it was thought about commercial service that if they do not use the City service, they are still charged at minimum rate. The Council discussed the pros and cons. We have the capabilities to do Texas Roadhouse, but we do not want to do their garbage collection unless they fix the problem. We took the lids off Texas Roadhouses' dumpsters because their dumpsters would not fit in the space provided if they had lids on. Council member Crandall asked to hear the recommendation of Public Works Director David Wadsworth. David said, if we can not provide the service, he does not think they should be charged. We are just getting in to businesses. We are not set up to do some of the service required. We are doing commercial collection as rear loads. No one else is doing that, so that leaves a void that they can gain with other types of dumpsters. Council member Bean wondered if we want to go out of the commercial garbage service and just do residential. Council member Folsom was concerned that our resolution for fees on commercial garbage service is not fitting what we are doing. Councilmember Crandall recommended that we look at the issue, and if it is not economically feasible for the City, then let them find other service. There was a discussion on rates. Before the rates are adjusted, Councilmember Bean would like to explore the pros and cons of going out of the commercial business. Attorney Anderson advised that, according to our ordinance, residents and business establishments have to subscribe to the use of the service. We need to provide the service to those we can, but there should be an option if we can not. Public Works Director Wadsworth stated he has a good working relationship with all the commercial collectors. They know he will call them to take their dumpsters out if we can provide the service. Some commercial users are charged at a can rate but the City has provided a dumpster. This has been done as a benefit to the City. Every business should pay something. Councilmember Folsom recommened that we charge $12 per month to City Council Meeting, October 18,2001 - Page 9 businesses that use garbage cans. The charge for businesses that opt out of City dumpster service, when we can provide service, is $49.50 per month. Businesses that we cannot provide service to will not be charged. These rates were agreeable with the Council. Reports: Fire Chief Nelson reported for the Fire Department. They responded to two fire calls. The projection for the delivery of the new fire truck is November 5, 2001. The total cost of the truck is $134,882. David Wadsworth reported for Public Works. Regarding the sprinkler system for the Eagle Point park, plans are to do half of the system this fall and the other half next spring. It will cost about $19,000 for the half that is planned for this fall. The signs are up on Sunnyside Road, and the crosswalks have been painted. The work was underway before the girl was hit. Council member Bean stated that Sunnyside Road is a nightmare. Students are crossing in the middle of the street and running in between cars. Hopefully it will correct itself when we get curb, gutter, and sidewalk next year. The crossing guards should be good. All the sprinkler systems in the park have been blown out for the winter. Councilmember Bean suggested that the Council consider developing a policy to require a usage fee for baseball and/or sports groups to help maintain the fields in the parks. He also had concern about liability. The Western Boys Baseball Association carries liability insurance. However, this coverage does not include the Ammon Little League tournament that has been held the last two years. This indicates that the tournament coming under the name of Ammon goes on without any liability insurance. It is too late to do anything about it for this season, but the user fee and liability insurance should be something to address for the 2002 season. The railroad crossing on East 17th Street has been fixed. Engineer Manwill has been after Eastern Idaho Railroad. Finally they came in to replace the planking with concrete. Bonneville County did the patching on the approaches, and they are a little rough. They need to be smoothed out when asphalt plant mix is available, probably next season. The Bonneville County Sheriff's law enforcement contract for the 2002 fiscal year was reviewed. The contract is basically the same as in the past. Bud Langerak reported that the only wording change refers to the dispatch services being included in our contract. That wording has been removed because the City of Idaho Falls wants to charge the City of Ammon for dispatch services for fire and law enforcement. Previously the law enforcement contract said that the dispatch services were included. The City of Idaho Falls will not charge for the 2002 fiscal year. They want to charge for the cost of dispatching law enforcement and fire on Ammon calls. The cost will have to be negotiated between the cities. It does not have anything to do with the Bonneville County Sheriff's office. The City of Idaho Falls is looking for new revenue City Council Meeting, October 18, 2001 - Page 10 sources, and the charge to City of Ammon would help offset costs of the dispatch center. The 911 system, which we all pay for on our phone bill, strictly pays for the maintenance of the equipment that allows the 911 system to work. The 911 system is a separate budget. Basically, City of Ammon has been receiving dispatch service for free. The Council members and Bud Langerak discussed details of the issue. The City of Ammon is growing, and the demand for services is increasing. This is causing providers of services to look at the contracts to get equitable returns for the service provided. The Sheriff's contract is $137,125.00 for the 2002 fiscal year. Costs were discussed. Bud Langerak reminded the Council that, while they are looking at paying for dispatch service in the next budget year, to not forget the agreement on the third officer. The grant runs out in July 2004, and the City has agreed to maintain the officer for one year after the grant. Bud Langerak also encouraged the Council to form an ad hoc committee to look at costs compared to service provided. The service Ammon is getting is very inexpensive for the size of community. Councilmember Bean moved to authorize Mayor Ard to sign the law enforcement contract with Bonneville County for the 2002 fiscal year. Councilmember Hall seconded the motion. Roll call vote: Bean - Yes; Hall - Yes; Folsom - Yes; Crandall- Yes. The motion carried unanimously. Attorney Anderson explained the procedures required for the proposed WalMart development. There needs to be a change to the Comprehensive Plan, a parcel of land needs to be annexed with an initial zone, a parcel of land now owned by Arave Construction needs to be rezoned, and vacation of a portion of the original plat is required prior to filing an amended plat. Attorney Anderson recommended concurrent public hearings before the Planning and Zoning Commission. Following the hearings before the Planning and Zoning Commission, the City Council should schedule a date to hear the same matters. Council member Bean has talked with the WalMart developers. They wanted to know how to proceed. He requested their engineers to send him copies of the traffic study and the site plans for a review. Engineer Manwill, Planning and Zoning representatives and interested Council members were asked to stay after the meeting to go over the information which was received. Jeff Freiberg of Harper Leavitt Engineering was asked by the developers to participate in the review. If everything is in order, Council member Bean will notify the developers to come present the plans in a separate work meet for City of Ammon and City of Idaho Falls approval. City Council Meeting, October 18, 2001 - Page 11 Council member Bean inquired if there was a completion date for the well up on the hill. The well house and everything needs to be completed before the City accepts it. They are pumping water to the development via the booster pump, and since September 15 the City is paying for power on the booster pump. Councilmember Bean recommended setting a time certain date for the developers to get the well on line or the City shuts off the booster pump. There has not yet been a lot of water pumped up to Quail Ridge. There have been some problem with the lines and there needs to be a pressure tank installed. Public Works Director Wadsworth suggested talking to Mountain River Engineering to have them give the City a time frame. The City Clerk asked if the City Council wanted to review new business licenses after the Planning and Zoning Commission gives their approval on the parking. The license can be issued after Planning and Zoning approval. The Flood Plain revisions become final on April 2, 2002. The City Council may need to adopt a revision to our ordinance to accept the revisions. The Council wants to send the garbage requirement letter to each of the residents. The Council wants IBSD to send calculations with payments to the City of Ammon so we know what the payment includes. The City office was instructed to not cash sewer payment checks from lona Bonneville Sewer District until they send us the calculations with each payment. Councilmember Folsom asked about reviewing street sweeping costs. Other members thought past costs indicate that it is not cost effective to sweep streets without further review. Mayor Ard reported that the Sunnyside Road project is on schedule according to City of Idaho Falls. Claims were approved. Council member Hall moved to adjourn the meeting to an Executive Session to discuss personnel matters and to a work session to review the WalMart plans. Council member Folsom seconded the motion. Roll call vote: Hall - Yes; Folsom - Yes; Bean - Yes; Crandall - Yes. The motion carried unanimously. The regular meeting was adjourned. Attest Mayor City Clerk