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Council Minutes 08/23/2001 CITY OF AMMON August23,2001 Minutes of the Regular Meeting of the Mayor and 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 Councilmember W. Lee Bean Council member 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 Others Present: Kortny Rolston, Post Register Cindy Donovan, 3725 East Sunnyside Road, Ammon Tom Hunsaker, 2925 Carolyn Lane, Ammon Ron Folsom, 2750 Sawtooth Street, Ammon David E. Benton, Benton Engineering Drew and Dan Menkhaus, 3675 Taylorview Lane, Ammon David Lenon, 2186 South Eagle Pointe Drive, Ammon Daniel A. Ruddell, 4522 Cochise Drive, Idaho Falls Phyllis Ker, 1810 Dove Drive, Ammon Corey Smith, Eastgate Drug Alan Cunningham, Mountain River Engineering Council member Hall led the Pledge of Allegiance to the Flag and Councilmember Bean offered a prayer. David Benton of Benton Engineering presented the Preliminary and Final Plat of Briarwood Division No.4. The Council was oriented to the area included in Division NO.4. The Planning and Zoning Commission recommended approval of the plat. The streets and the entrances into the cul-de-sacs show sixty (60) feet of right-of-way. Council member Crandall moved to approve the Preliminary and Final Plat for Briarwood Division NO.4. Councilmember Folsom seconded the motion. Roll call vote: Crandall - Yes; Folsom - Yes; Bean - Yes; Hall - Yes. The motion carried unanimously. City Council Meeting, August 23, 2001 - Page 2 Alan Cunningham of Mountain River Engineering presented the Preliminary and Final Plat of Centennial Ranch Division No. 11. The Planning and Zoning Commission had recommended the plat for approval. Since the City Council last saw the plat, some minor changes have been made to Ridgewood Drive. The road was originally going straight through. Based on the lot configuration and traffic flow, it was felt the change would slow down the traffic. Council member Folsom moved to approve the Preliminary and Final Plat for Centennial Ranch Division No. 11. Councilmember Hall seconded the motion. Roll call vote: Folsom - Yes; Hall - Yes; Crandall - Yes; Bean - Yes. The motion carried unanimously. Alan Cunningham brought a deed from Bonneville School District No. 93. They deeded to City of Ammon some right-of-way at the end of Derrald Avenue for the cul- de-sac turn around on the west of the school. There was a question about whether the street was named Derrald Avenue or Owen Street. When Owen Street did not go through the school property, it was decided the street on the west should be Derrald Avenue and on the east it would be Owen Street. Alan Cunningham agreed to make sure the plat shows the correct street names. The Owen Street project with the School District was discussed. It was explained how the cul-de-sac connects to the parking lot. Council member Bean added that, when the plans were originally drawn, the plans were drawn with a curb cut which gave a little bit of a raised gutter. It was not built like that. Engineer Manwill explained the curb cut did not get put in because it would not work the way it was designed. If the curb cut was put in, it would trap storm water. It was a drainage problem and everything flowed to that point. When the crew started staking, they said we are going to impound water that has no where to drain. The curb cut was eliminated so the water could drain into the parking lot. At the time they were told to put the curb cuts in, the elevation was not looked at. The problem was always there, but no one became aware of it. Storm water drains from Eagle into the parking lot. There are some catch basins in the parking lot. There was a flat concrete curb poured, which should provide contrast to slow the traffic. The School District is planning a speed bump on their property. There are two signs to be erected. One is a "no parking" sign. The other sign will say "dead end" or "no through street". It is understood that the signs are the School District's responsibility. Councilmember Bean said Officer Black wanted to know if it would be in line to make Derrald Avenue and Eagle Drive a four-way stop rather than a two-way stop. Council member Bean's feelings were no at this time because he did not know if the traffic warrants a four-way stop. Also, we may not want a four-way stop because the kids may run that stop sign anyway. Engineer Manwill said we have gone to a lot of effort to get the traffic problem solved and to put stop signs up would create another problem. It was agreed to leave everything the way it is. City Council Meeting, August 23, 2001 - Page 3 Public Works Director David Wadsworth wondered if it was in the contract to stripe Owen Street from Ammon Road to the school. If it is not in the contract, he suggested that we paint the center stripe and put two lines on the outside for kids to walk. Owen Street should be paved before August 28. The crosswalks on Sunnyside Road and Ammon Road have been painted. It was suggested that the Councilmembers visit the Owen Street project to see the improvements. The School District Resource Officer will ticket on the school property. Councilmember Bean recommended that we get the Owen Street striping done. Councilmember Hall moved to accept the right-at-way deed tram Bonneville School District No. 93 for the end of Derrald Avenue as described in the deed dated August 16, 2001, and to keep the street named Derrald Avenue. Councilm,ember Bean seconded the motion. Roll call vote: Hall - Yes; Bean - Yes; Crandall - Yes; Folsom - Yes. The motion carried unanimously. Dan Ruddell asked for a clarification on the C-1 zoning. Back in June of this year he met with the Mayor and some members of the City Council. He claimed he was called the culprit and unethical. He wanted to see if he could get the liquor licenses, which he is holding, activated in the proper zoning. There was a spot over in front of Kmart zoned C-1. He told Ron Folsom, a member of the Planning and Zoning Commission, that he felt he could put a sports grill there on C-1 zoning. Ron told him that a sports grill with liquor-by-the-drink could not go in a C-1 zone, and it was not likely to change. Dan has been in the City Office on several occasions, and he has tried to get in touch with the City Attorney. He has talked to Greg Maeser, Chairman of the Planning and Zoning Commission, who has also implied a sports grill could not go in a C-1 zone. Dan Ruddell interprets City Code, Title 10, Chapter 20, Use Requirement 2 (E) to allow beer parlors and taverns, as a secondary use. He felt a sports grill with alcohol as a secondary usage would be in compliance. Council member Hall asked Mr. Ruddell to explain his definition of a sports grill. It would be like Fanatics Sports Grill, Press Box, Applebee's Neighborhood Grill and Bar, or Chili's Bar and Grill. That would be the type of application. Attorney Anderson asked if he would be serving more than alcohol. It would be a grill. We would be serving food. It would be a restaurant. Because it would be a sports grill, time is of an essence. The NFL is coming up. Also, he has a contract ready to go. He has been held up for weeks and weeks. He would like to get some clarification on the C-1 and a green light from the City Council so he could be open within a thirty (30) day period. City Council Meeting, August 23, 1001 - Page 4 The building is all erected. All it needs is some interior work. It is in the store on a pad in the front of Kmart next to Eddy's Bread. One section of the store, which contains 2000 square feet, is available. Council member Bean asked for more information relative to his business. He does not look at Chili's as a sports grill. What will your primary menu be so we can interpret? It is going to be a salad menu of various items between chicken fillets, chicken steak fillets, and hamburgers. It's going to be a basic menu of Chili's, Applebee's, Press Box, Fanatics. The same application. Have you eaten at any of those establishments? If so, you probably have a fairly good idea. Council member Folsom said her problem is that it states "when incidental to such uses as clubs and lodges." Dan Ruddell interpreted, as an example. We need to understand this is going to be an extension off 1ih Street from Idaho Falls and also an extension off Ammon Town Square. Councilmember Bean asked Planning and Zoning what zones allow liquor-by-the drink? Ron Folsom responded that we allow Iiquor-by-the drink in the HC-1 zone with a restaurant. In CC-1 is the first reference to bars. He clarified the use as stated in C.C.10-20-2 (E) "Beer parlors and taverns, as a secondary use only, when incidental to such uses as clubs and lodges." In the definitions section, a club is defined as "a building used, occupied and operated by an organized association of persons for social, fraternal, religious or patriotic purposes, whose activities are confined to the members and their guests, but shall not include any organization, group or association the principal activity of which is to render a service usually and ordinarily carried on as a business." He also referred to the definition found in Idaho Code. Councilmember Bean asked if HC-1 specifically addresses the liquor licenses as they relate to an establishment. HC-1 does not specifically. That is a decision the City Council has made to allow liquor-by-the-drink in HC-1 in conjunction with a restaurant. CC-1 is the first zone that specifies been parlors and taverns as a use. In C-1, beer parlors and taverns are incidental to lodges or clubs. In the strictest interpretation of this, a liquor license would not fall in C-1. Dan Ruddell stated what he is trying to convey to the City Council is that Ammon is growing. You want an economical growth. He has the licenses that he needs to activate so he is asking for help. There is a building available in C-1. The City Council could approve according to 10-20-2(M), and we could get on with business City Council Meeting, August 23, 2001 - Page 5 and create economic growth for the City of Ammon and for Dan Ruddell's pocketbook. He feels that he is in harmony with the C-1 zone. Sonic Drive-In is going in the area. Cajun Bob's has opened up. They are restaurants, and he will be a restaurant. The extension is natural coming in from Idaho Falls on 17th Street. His objective is to keep everything in line. He is not asking to go by a church or a residential area. Council member Folsom said she has concerns with putting a sports grill in C-1. The City has always tried to maintain a caliber of where we put things. We have always allowed alcoholic beverages in HC-1. The HC-1 zone is a good spot for it. Council member Hall pointed out that it has already been stated that bars and taverns are addressed specifically in CC-1, which is two zones less restrictive than C-1. When he refers to 10-20-2(M), it reads "similar to the above listed uses and in harmony with the objectives and characteristics of this zone." He does not interpret "similar to and in harmony with" the same as Mr. Ruddell does. Councilmember Bean said he concurred with Council member Hall. He is not sure it is in harmony. It is probably in harmony in terms of restaurant, but it is probably not in harmony with how we have tried to accommodate others by putting alcoholic beverages in the HC-1 zone. It is not in harmony with what we want to accomplish. Council member Hall said he would not be inclined to change the zoning. Dan Ruddell: "We don't want me opening up. Do we?" Councilmember Folsom: You are asking for an exception to the rule. Council member Bean: I don't think that is the point. We need to make a clarification. It does not fit the zone. Dan Ruddell stated he is out here trying to get his licenses activated. The City of Ammon is not ready for three more liquor licenses. You do not have the proper zoning or you have no buildings to go to. To be in compliance over a ninety (90) day period he would have to forfeit his licenses. Councilmember Bean reminded that the City did not force him to buy the licenses. That was at his own volition and it is his responsibility. It is up to him to put them in effect under the terms and the zones in the City. Council member Hall added that we are going with what the Attorney General for the State of Idaho said. We are not violating what he has ruled. If you want to go against him that is fine. City Council Meeting, August 23,2001 - Page 6 Dan Ruddell: Once again, I'm going to request C-1. Is it true that RSC-1 falls under C- 1 or HC-1? Ron Folsom responded that anything the City would allow in RSC-1 would be allowed in C-1 or HC-1. RSC-1 is more stringent than either C-1 or HC-1. Under RSC-1 restaurants are allowed. Sol Rio, Texas Roadhouse, and Johnny Carino's are in HC-1. Under HC-1 does it specify that they can sell liquor? Council member Folsom stated HC-1 is the zone that Ammon has designated to be the direction we are going on restaurants with liquor. Is there some special provision out there that specified liquor as a use in HC-1? Councilmember Hall advised that when those businesses came in that the City Council determined to allow liquor in HC-1. It is not in the ordinance yet. Dan Ruddell said the only way that he could see that it would be technically legal for those establishments to be able to serve liquor-by-the-drink would be for the City Council to adopt C-1 to allow it as a secondary option. Council member Hall pointed out that it would be HC-1 instead of C-1. Ruddell said No. It would be C-1 because C-1 falls under HC-1. That is wrong. Uses allowed in C-1 are allowed in HC-1, but uses allowed in HC-1 are not allowed in C-1. Mr. Ruddell did not see anything in the books where businesses in the Teton Spectrum could be allowed to serve liquor unless it was tied to the C-1 where it has a secondary use. The Council emphasized the zone where Iiquor-by-the-drink could be sold would be HC-1. All Ruddell wanted was help to get into business. City of Ammon is quite limited in areas to put in a business. Councilmember Bean explained that Mr. Ruddell is the only one that has come to City Council to request something outside what our ordinance has set. If anyone else had come, they would have been declined too. Special provisions have not been made for individuals. What steps do we need to take so that the building can be occupied to serve liquor-by- the-drink? The building by Kmart is zoned C-1, which does not allow the sale of liquor- by-the drink. . David Lenon, 2186 Eagle Pointe, asked why the surrounding area, which is zoned CC-1, will allow liquor-by-the drink but the C-1 spot will not. CC-1 does not even require that it be sold in conjunction with a restaurant. He stated that he could serve straight liquor anywhere around the spot requested by Dan Ruddell. He did not understand why liquor-by-the-drink would not be considered in C-1. The Council studied the zoning map. David Lenon asked if it would be more beneficial for the City City Council Meeting, August 23,2001 - Page 7 of Ammon and safer for the citizens and the community for him to go in the building by Kmart or to build a building down on the corner where it is zoned CC-1 which specifies less restrictions. Dan Ruddell and David Lenon are not in business together. Engineer David Benton explained the zoning of the surrounding area and who owned the various properties. Any use that is allowed in RSC-1 or the C-1 is allowed in HC-1 or CC-1. Council member Hall pointed out that you couldn't sell liquor-by-the-drink within 1000 feet of a residential area. CC-1 will allow liquor-by-the-drink if it is not within 1,000 feet of a residential area. Attorney Anderson discussed proposed changes to the ordinance regarding sale of liquor-by-the-clrink in those establishments, which serve food. The question of where those establishments can be located in which zones is the issue that the Council is going to have to discuss and determine. That decision has not been made. Dan Ruddell would like a special provision for C-1 like HC-1 to allow liquor-by-the- drink as a secondary use for a restaurant. It is a policy of the City to allow liquor-by- the-drink in the HC-1 zone as a secondary use with a restaurant. There is no special provision for liquor-by-the-drink in the C-1 zone. Ruddell asked if it was correct that there is nothing written for a special provision for HC-1. It is a matter of policy. The records would need to be researched to determine when the City Council set the policy. The provision is not stated in the codified ordinance Title1 0, and Ruddell would like to see the written policy in the minutes. Tom Hunsaker initiated a discussion because the U.S. Cellular tower people wrote back a letter to the City basically saying that the direction our communications tower ordinance was taking may not be legal. As Tom reviewed it, there were definitely some points of confusion as to what the City would require and what we would not. He discussed this with Attorney Anderson. Tom and Attorney Anderson are in agreement, but he wanted the City Council to understand because the City Council is the real authority. Pre-existing uses is the basic first topic. Since U.S. Cellular and the other two towers came in under a conditional use permit, which was not the one we just passed, the law states that they are bound by the provisions at the time they came in and were granted their permit. In this case, the surety bond, which is required to be able to tear the thing down, is specifically tied, in the way the ordinance is written, to the conditional use permit. So that would be something that would not apply to U.S. Cellular or the other two towers, They can not have an expanded use, but they can have the use they were granted at the time. Another issue is what can the city require the people to do with the towers that does not constitute a pre-existing use. Basically this falls under the business license concerns. The last clarification is we state that the tower people must give evidence from year to year from an engineer that the tower City Council Meeting, August 23, 2001 - Page 8 meets current ABC and every other requirement rather than the one that was in effect at the time the tower came into the city. The city may need to rewrite that part of the ordinance because it contradicts "grandfathering." Tom Hunsaker agreed to help with a letter to U.S. Cellular to explain what they do not need to do and what we expect them to do. Alan Cunningham of Mountain River Engineering said that Planning and Zoning and City Council would be faced with a request from Jay Johnson to consider annexation of property that has a pre-existing communication tower. That tower would also be "grandfathered" as a pre-existing tower. Drew Menkhaus, 3675 Taylorview Lane, requested a home occupation permit for Nail Technology. She has a room set up in her house in which she does manicures, pedicures, and artificial nail enhancement. She does not have any employees, and she doesn't have any plans to enlarge the business. Council member Crandall moved to approve the home occupation permit for Drew Menkhaus, 3675 Taylorview Lane. Council member Folsom seconded the motion. Roll call vote: Crandall- Yes; Folsom- Yes; Bean - Yes; Hall- Yes. The motion carried unanimously. Council member Hall explained that, when the City Council approved the annexation of the Beck et al property, we annexed to the west side of Hitt Road. Idaho Falls and the State of Idaho has ownership of property on the east side of Hitt Road near 1 ih Street. He recommended, if the Council approved, to de-annex Hitt Road north of First Street and annex the property on the east side of Hitt Road near Dennis Austad's storage units. This would help straighten the city boundaries. Renee Magee of City of Idaho Falls Planning Department indicated that she would look favorably on such an action. Attorney Anderson explained the procedures for annexing and de-annexing. City of Ammon would take action on the condition Idaho Falls took action. City of Idaho Falls would have to do likewise. Both entities would have to individually de- annex their parts first and then both could individually annex. A public hearing would be required. Councilmember Hall agreed to call City of Idaho Falls to get the action started. Attorney Anderson introduced Ordinance No. 295 concerning the rezone of The Cottages from RP to RP A. It was determined that the legal description did not cover all of The Cottages property as advertised. Engineer Manwill explained that we have two legal descriptions. One is for the initial annexation, and one description is for the two acres. Alan Cunningham of Mountain River Engineering agreed to provide a correct legal description of the entire property. Action on the proposed Ordinance No. 295 was deferred until the legal description is amended. City Council Meeting, August 23, 2001 - Page 9 Attorney Anderson introduced Ordinance No. 294, AN ORDINANCE REPEALING SECTION 1-5-8 OF THE CODIFIED ORDINANCES OF THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO AND RE-ENACTING SECTION 1-5-8 TO SET THE SALARY TO BE RECEIVED BY THE MAYOR OF THE CITY OF AMMON; TO REPEAL SECTION 1-6-5 OF THE CODIFIED ORDINANCES OF THE CITY OF AMMON AND TO RE-ENACT SECTION 1-6-5 TO PROVIDE FOR THE SALARY OF COUNCIL MEMBERS OF THE CITY OF AMMON; PROVIDING FOR AN EFFECTIVE DATE. The ordinance was read in full. The ordinance increases the salary of the Mayor to $800 per month and the salary of the Council members to $300 per month effective January 1, 2002. Council members Folsom moved, relative to Ordinance No. 294 as introduced and read in full by Attorney Joe Anderson, that the City Council dispenses with the rule requiring the ordinance to be read on three different days and that the three readings be waived. Councilmember 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. 294 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. Attorney Anderson encouraged the City Clerk to publish the ordinance as quickly as possible so there is not a conflict with the sixty (60) day limitation. The City Council reviewed the tentative line item budget for fiscal year 2002 as prepared in the work sessions. Councilmembers were comfortable with the figures. Council member Crandall moved to approve the tentative budget for the fiscal year 2002 in the amount of $8,879,490.00 and to authorize the City Clerk to publish notice of the Budget Hearing for Thursday, September 6, 2001. Council member Bean seconded the motion. Roll call vote: Crandall- Yes; Bean - Yes; Hall - Yes; Folsom- Yes. The motion carried unanimously. Councilmember Folsom proposed revisions to clarify the zoning ordinance for allowable uses in zones C-1, HC-1, and CC-1 pertaining to liquor-by-the- drink. Copies of the existing codified code pages were distributed to facilitate the discussion. It was proposed to eliminate "10-20-2 (E) Beer parlors and taverns, as a secondary use only, when Incidental to such uses as clubs and lodges" as a use in C-1. The first zone where clubs and lodges are an allowable use is in CC-1, yet the code mentions clubs and lodges as a secondary use in the C-1 Zone. City Council Meeting, August 23, 2001 - Page 10 In HC-1 it was proposed to add a use to allow sale of beer, wine, or liquor-by-the- drink as a secondary use incidental to the primary operation of a restaurant or cafe. Council member Bean had concern with the term "incidental" because there are taverns or bars that serve meals. There was a discussion on how to clarify how the food is primary and liquor is secondary. Councilmember Folsom stated the money is a factor. Food would have to be 51 % and the liquor would have to be 49%. Other Council members were of the opinion it would not be possible to write that into an ordinance. It was suggested that the proposed wording for HC-1 is as good as possible. When applicants apply for liquor licenses, the Council would need to determine if they were comfortable that the liquor is incidental to the business. Mayor Ard added the City Council has done well in picking an area, and the businesses that serve alcohol are good businesses. Attorney Anderson clarified the main purchase of the revision is to try to restrict the sale of liquor to an area. He questioned if they were restricting a C-1 business, which has a right to have a nice restaurant, from not having liquor and why. HC-1 keeps it all in one area for police enforcement. The City has lots of commercial in a big area developed as HC-1. On the Comprehensive Plan Land Use Map we show arterial corners as potential commercial development. If we allowed alcoholic beverages in C- 1, these corners could be developed with a restauranUlounge near residential areas. Councilmember Bean asked what we anticipate zoning the property for Wal-Mart. The HC-1 Zone would apply but they may go for a CC-1 Zone. Mayor Ard asked Attorney Anderson if he thought we were restricting alcoholic beverages too much out of the commercial. Attorney Anderson replied the City has a commercial zone for the very purpose of having commercial businesses. Yet you are saying we want liquor restricted to an establishment, which has a food service, however we define that. Why can't they put that in a C-1 Zone or another zone other than an HC-1 Zone. Council member Crandall stated he is all in favor of putting it where we have it along Hitt Road, He is not in favor of putting it along 1 th Street. He does not think it fits in front of Kmart, and the City needs to be able to make some distinctions. Council member Folsom has concerns about corners. Council member Bean stated it is a matter of policy as to where the City designates the area where we allow liquor to be served. Council member Crandall added that thus far we have only allowed it in the HC-1 Zone. There was a discussion pro and con about what zone to allow Iiquor-by-the-drink. The Council would like to restrict liquor-by-the- drink to restaurants, if possible. The area that the City of Ammon now has zoned HC-1 and developed as HC-1 is the area that would attract the type of businesses we would City Council Meeting, August 23, 2001 - Page 11 like to have. For that reason, Council member Folsom proposed to amend the ordinance to restrict sale of alcoholic beverages in conjunction with a restaurant to the HC-1 Zone. In CC-1 the proposal was to eliminate bars and taverns as a use because we are leaning towards restaurants. The proposed amendments would allow liquor-by-the- drink in a restaurant in the HC-1 or CC-1 Zone. Councilmember Bean recommended defining a restauranUcafe as an establishment that does not restrict admission by age. Another correction recommended was to Chapters 3 and 4 regarding days of sale to eliminate the words "except eating place" because we will not allow alcoholic beverages except in conjunction with a restaurant. There was a discussion about the distance from residences, schools or churches to restrict the sale of alcoholic beverages. It was determined that our ordinance does not address a distance from a residence but it does restrict sale of alcoholic beverages to a distance of 300 feet from a school or church. No change was recommended. Council member Folsom moved to authorize Attorney Anderson to make the initial changes to C-1, HC-1, and CC-1 zones as well as the Chapters 3 and 4 deletion of the section pertaining to business regulations under wine and beer. Councilmember Crandall seconded the motion. Roll call vote: Folsom - Yes; Crandall - Yes; Hall - Yes; Bean - Yes. The motion carried unanimously. This action has to be done by ordinance so this motion is not in force until an ordinance is passed. Council member Hall expressed concern about recouping costs of water and sewer line extensions. He has looked at the numbers for extending the waterline on East 1 ih Street from Ammon Road East to the railroad tracks. It cost approximately $81,000.00. The property on the north side has been developed and we have recouped $17,913.93 less $7,146.00 for Ammon's participation in the Stonehaven waterline or $10,767.93 actual. We have recouped by front footage instead of by acreage. We still have some to recoup from Jay Johnson (Rockwell Homes) for the Miller/Hatton property and from the Eagle Pointe development. However, it appears we will only recoup a small portion of the actual cost. No one had a solution, but the City needs to develop a policy to recoup the balance of the line back. The developer and the City will both have costs to recoup for 21 st Street for The Cottages and Quail Ridge Development. Engineer Manwill was asked to make an evaluation and to help make a policy for future developments. There was a question that Engineer David Benton had regarding the plat for Trailwood Village Division No.2. The Planning and Zoning Commission recommended Trailwood Village Division be approved with conditions. The City Council did not look at the plat at their last meeting because there was no one at the City Council Meeting, August 23,2001 - Page 12 meeting to present it. Engineer Benton thought it would be on the agenda of this meeting but it was not. The conditions specified by Planning and Zoning were for the developer to request a change of zone to R-1 to make each lot only one zone. The City Council was waiting for the rezone, but the developer does not want the property rezoned from R-2A. Engineer Benton explained the zoning. He encouraged the City Council to go ahead with approval of the plat and to solve the zoning issue later. The Council decided that the Planning and Zoning Commission should review the plat according to how the developer plans to develop. No action was taken by the City Council. Reports: David Wadsworth reported for Public Works. The sprinkler system has been completed for Well NO.5. Work is under way for the well up on the hill. The drilling process was explained. David recommended cleaning up the property at Well No. 7 and bringing the good topsoil down for future use. The well should be a good one. A bill from TMC in the amount of $160,759.62 was presented for Owen Street improvements. The retainage is 5%. The bill was approved for payment. The school speed zone sign on First Street was moved and no further action was planned for the Montessori School. Attorney Anderson reported that he had a response from Stephanie Bonney regarding the Knight nuisance hearing. Mr. Knight was not willing to accept our proposal to settle, and she was going to file an appeal. She wanted to know if the City was going to move the units, so she could file a Writ of Injunction. Knights maintain the units are in compliance with the zoning laws, but they are not. The main point is Knights made an agreement to move the units. The decision of the Council was that the units were not proper structures to be on a residential lot regardless of where they were located. The Council discussed the hearing and appeal procedure and decided not to move the units until the appeal is heard. Council member Folsom completed the parking ordinance and has sent it to Attorney Anderson for review. Bud Langerak has helped to design an Ammon citation. We will be able to use the citation for parking, for dogs. for the Fire Department and for whatever the Council wants. She would like to do one resolution to include all the fees. Council member Folsom said the fees would be about half what the County charges. City of Ammon will do some of the citations and Bonneville County will do some of the citations. Council member Bean moved to raise the swimming pool fees for 2002 as proposed by Jennifer Kenner pool manager, and to publish the proposed increase in fees in the Post Register. Council member Hall seconded the motion. Roll call vote: Bean - Yes; Hall- Yes; Crandall- Yes; Folsom - Yes. The motion carried unanimously. City Council Meeting, August 23,2001 - Page 13 We have had considerable discussion over the last month relative to sanitation department regulations and garbage cans. Council member Bean would like to establish a firm policy and to send a letter out to each of the residents to state the policy with a notice that the City will begin to enforce the policy as of a specific date. The people need to be notified, and the City needs to get to a point where we can collect the garbage in a more efficient manner. If the letter is one specific notice, the people will read it. Policy ideas were discussed. We have had a fair amount of complaints. Most of the complaints are heavy cans and 55-gallon drums. People have to have a way to get rid of their garbage. Councilmember Bean agreed to put together some type of a flier on the sanitation policy. The City Clerk encouraged that everyone be sure to use the most current resolution on water, sewer and garbage rates when addressing utility billing. Council member Bean discussed the bill from David Benton for the water system study. The study is due September 1, and Paul Snarr says that it is mostly done. Engineer Manwill said he would check on the study. As soon as the City gets what we ordered, a check can be cut. Ron Folsom explained his grant plans. The Mayor and City Council received copies of a proposed tree ordinance. The deadline for submitting the first grant application is September 21 st. Claims were approved. Councilmember Crandall moved to adjourn the meeting, and Council member Bean seconded the motion. The meeting was adjourned at 10:45 p.m. Mayor Attest City Clerk