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Council Minutes 08/09/2001 CITY OF AMMON August 9, 2001 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 Council member W. Lee Bean Council member Harvey L. Crandall Councilmember Leslie Folsom Councilmember Ira K. Hall Attorney W. Joe Anderson Engineer Bill Manwill Fire Chief Clarence Nelson City Clerk Aleen C. Jensen Others Present: Karen M. Wendt, 1835 Cabellaro Drive, Ammon Alan Cunningham, Mountain River Engineering Kenneth Lembrich, 2640 Salmon Street, Ammon Jerry Mitchell, 3751 Marlene Street, Ammon Tom Hunsaker, 2925 Carolyn Lane, Ammon Two youth who attended for their Godfather Jerald Knight Absent: Public Works Director David Wadsworth Councilmember Folsom led the Pledge of Allegiance to the Flag, and Councilmember Crandall offered a prayer. Tom Hunsaker reported on the action taken by the Planning and Zoning Commission at their meeting held August 7, 2001. A public hearing was held to consider a request to rezone The Cottages from RP to RPA. The Commission recommended approval of the request. The Preliminary and Final Plat of Centennial Ranch Division No. 11 was reviewed and recommended for approval. The Preliminary and Final Plat of Trailwood Division No. 2 was recommended for approval on condition that they apply for a rezone to R-1 and that they limit the accesses on to the proposed John Adams Parkway for the lots that could access on to another street. The Preliminary and Final Plat of Briarwood Division No. 4 was recommended tor approval. The plat has been revised, since it was originally presented, to show the right-ot-way in to the cul- de-sacs to be sixty (60) teet. Terri Johnston, 3760 Georgia Lane, requested a Special Use Permit (aka Conditional Use Permit) to allow her to build a separate building back of her house to use for her gymnastic classes. Presently she has a home occupation permit, and she teaches gymnastics in her garage. The City Council Meeting, August 9, 2001 - Page 2 request has generated controversy in the neighborhood. The Commission reviewed the request. It was their opinion that Mrs. Johnston's operation should be considered as a special use rather than a home occupation. The vote was five in favor of granting a Special Use Permit. The City Council acting as the Board of Adjustment should schedule a public hearing to consider the request. The Planning and Zoning Commission recommended that, if a Special Use Permit is granted, it should provide for a mandatory evaluation of the business and a check to verify there are no employees and no other problems. Also, the City Council should address parking. The other items of business before the Planning and Zoning Commission concerned clarification of replatting procedures and notification of hearing requirements. If there is any change to a lot, which is different than on the recorded plat, an amended plat needs to be filed. Except, if two lots are developed as one, replatting will not be required provided the lot lines remain as originally platted. All hearings will require that owners of property within five hundred (500) feet receive a notice of the hearing. (Exhibit A - Motions from the Planning and Zoning Meeting held August 7,2001.) Alan Cunningham of Mountain River Engineering requested the City Council to determine whether or not to act on the recommendation of the Planning and Zoning Commission to rezone The Cottages from RP to RPA. The change of zone does not affect the plat. All lots will be the same as platted. The difference is that the RP zone requires side yards of twenty (20) feet and the RPA zone requires side yards of ten (10) feet. The developer has been experiencing difficulty siting houses the size they want to build with side yards of twenty feet. Councilmember Crandall moved to dispense with a second hearing to consider the request to rezone The Cottages from RP to RPA and to accept the recommendation of the Planning and Zoning Commission to approve the rezone. Councilmember Folsom seconded the motion. Roll call vote: Crandall - Yes; Folsom - Yes; Hall- Yes; Bean - Yes. The motion carried unanimously. The rezone approved for The Cottages will not be official until an ordinance is passed and published. Since the recorded plat is not affected in any way, Alan Cunningham asked if the developer could continue with the development plans and apply for building permits. Councilmember Hall moved to allow building permits to be issued in The Cottages prior to finalization of the rezone to RPA by adoption and publication of an ordinance. Councilmember Folsom seconded the motion. Roll call vote: Hall - Yes; Folsom - Yes; Crandall - Yes; Bean - Yes. The motion carried unanimously. Mountain River Engineering deferred presentation of the Preliminary and Final Plat for Centennial Ranch Division No. 11 until the next City Council meeting. City Council Meeting, August 9,2001 - Page 3 Karen M. Wendt, 1835 Cabellaro Drive, asked about development in her neighborhood. There has been considerable commercial development. She expressed interest in how the area is zoned and what is planned. She understood LaRall Kent has an option on the property on the south side of East 1 yth Street between Cabellaro Drive and Legends Convenience Store. The property is zoned C-1 limited Commercial. She was particularly interested in what uses C-1 will allow and what are the buffer requirements. LaRall Kent is completing development of a two-unit townhouse and a commercial building on the west side of Cabellaro Drive off East 1 yth Street. The City does not have any information about the occupancy plans for the commercial building now under construction. Also, no plans have been received for development of the lot between Cabellaro Drive and Legends. Jerry Mitchell, 3751 Marlene Street filed a public nuisance report against the property at 2865 South Ammon Road. The log home has been under construction for an extended period of time. The property depicts weed ordinance violation, trash violation, building code violation, and junk car violation. The City Council has an obligation to enforce the ordinances. Mitchell questioned whether or not the building permit obtained several years ago is still in effect. If it is still valid, he challenged if building inspections were being made on a regular basis. Engineer Manwill pointed out that a building permit is in effect as long as the owner/builder continues to work on the building. There was a discussion on declaring a public nuisance. Attorney Anderson advised that you need to determine what is offensive and the person who is offended initiates the action. Mitchell continued to urge the City Council to eliminate the unsightly conditions. Councilmember Crandall encouraged checking out the history of the building permit and the building inspections. Council member Bean and Councilmember Crandall recommended that Richard Birch, property owner of 2865 South Ammon Road, be invited to City Council meeting to discuss his plans before any formal action is taken. Larry A. Waters of Waters Construction contacted the City Office and inquired about buying the 1969 Chevrolet sander truck, which was declared surplus when the equipment was advertised for sale. No bids were received on the 1969 vehicle. Mr. Waters is interested in obtaining the vehicle for parts and he offered to pay $85 for it. Council member Folsom moved to sell the 1969 Chevrolet sander truck to Larry A. Waters for $85 plus tax. Council member Bean seconded the motion. Roll call vote: Folsom - Yes; Bean - Yes; Crandall - Yes; Hall- Yes. The motion carried unanimously. Council member Bean has put considerable thought and work into the 2002 Fiscal Year Budget for the City of Ammon. He addressed the City Council regarding a capital improvement levy, an increase in license and other fees, and City Council Meeting, August 9,2001 - Page 4 an increase in the salaries of the Mayor and City Council. He quoted Idaho Code regarding Municipal Code Powers and General Provisions. "50-303. RECREATION AND CULTURE. Cities are hereby empowered to create, purchase, operate and maintain recreation and cultural facilities and activities within or without the city limits and regulate the same, and to levy a special tax not to exceed six hundredths percent (.06%) of the market value for assessment purposes on all taxable property within the limits of the city for recreational programs." "50-307. LICENSE OCCUPATIONS AND BUSINESSES. Cities shall have authority to levy and collect a license fee on any occupation or business within the limits of the city and to regulate the same by ordinance. All such fees shall be uniform in respect to the classes upon which they are imposed." "50-312. IMPROVEMENT OF STREETS - SPECIAL LEVY. Cities may levy and collect a special tax upon all of the taxable property within the city limits to establish, layout, alter, open any streets or alleys and improve, repair, light, grade, sprinkle, flush, gravel, oil, or drain the same and remove any and all obstructions therefrom; establish grades and construct bridges, crosswalks, culverts, drainage systems thereon and repair and maintain the same; cause to be planted, set out and cultivated, shade trees along the lines thereof or therein; extend its street lighting system to a maximum distance of two (2) miles outside its corporate limits, along approaches to its street system, subject to the approval of the agency having legal jurisdiction of the highway, road or street involved; provided, however, that no public utility, city, quasi-municipal corporation or cooperative association serving electric energy to such street lighting system outside the corporate limits of such city shall, by so serving such electric energy, acquire any rights to serve any other property of any present or future consumer, by virtue of, or in violation of, any provisions of title 61, chapter 3, Idaho Code," "50-236. CAPITAL IMPROVEMENT FUND LEVY - LIMITATIONS. Cities are hereby empowered to establish a 'Capital Improvements Fund', by ordinance, and levy a special tax not to exceed in the aggregate four-hundredths per cent (.04%) of market value for assessment purposes in anyone (1) year. Said fund shall never exceed in the aggregate four-tenths per cent (.4%) of the market value for assessment purposes of the city. Such funds shall not be subject to the provisions of section 50-1014, Idaho Code. Said ordinance shall identify the specific purpose for which the capital improvements fund shall be used." The City has experienced much growth and we continue to see much growth. This year we have cut into our funds. We need to look at a new approach. Various ideas were discussed. Council member Crandall suggested looking to the developer for parks. We need to look at licensing and our annexation fees. City Council Meeting, August 9, 2001 - Page 5 Council member Bean reviewed license fees and recommended that the Council give some thought to increasing them. Councilmember Folsom has worked on equalizing water, sewer, and garbage fees. We could also look at adding to building permit fees for streets. Councilmember Bean expressed concern that all the development to the east will necessitate widening of East 1 yth Street between Ammon Road and Crowley Road at some future time. He would like to build funds into the budget to provide for this. He proposed to create a capital improvement levy for special capital improvements, to adopt a special street levy, and to increase the salaries of the Mayor and City Council. Council members wanted a work session to study and review the ideas. A work session on the budget was scheduled for Tuesday, August 21, 2001, at 6:00 P.M. Councilmember Bean moved to direct Attorney Anderson to prepare the necessary paperwork to create a special street levy to collect a tax based on .00045 of the market value for the year 2002 and an ordinance to establish a "Capitallmprovement Fund" to levy a special tax of .00040 per cent of the market value. This would mean an additional $85 in taxes per $100,000 valuation and approximately .0003036 overall levy. Council member Hall seconded the motion. Roll call vote: Bean - Yes; Hall - Yes; Crandall - Yes; Folsom - Yes. The motion carried unanimously. (Restrictions on property tax increases are found in I.C.63-802. In 1998, the legislature passed a new law that permitted the city whose property tax levy was less than 0.004 to increase its budget by an amount not to exceed the difference between 0.004 and actual prior year's levy multiplied by the prior year's market value for assessment purposes with a 60% vote. ) Councilmember Bean moved to adopt an ordinance to increase the salary of the Mayor from $400 per month to $800 per month and to increase the salaries of the Council members from $200 per month to $400 per month to be effective January 1, 2002. Council member Folsom seconded the motion. Roll call vote: Bean - Yes; Folsom - Yes; Crandall- No; Hall- No. Mayor Ard voted to break the tie and he voted - No. The motion failed. There was a discussion on increasing the salaries of elected officials. Council member Crandall moved to increase the salary of the Mayor to $800 per month and the salaries of the Councilmembers to $300 per month. Council member Hall seconded the motion. There was a discussion before the vote was taken. It was questioned about what was the difference in the two motions. The Mayor has a great responsibility compared to the Councilmembers. The City Council sets the policy, and the Mayor manages the policy. The Mayor has a big job. It is a sacrifice. Roll call vote: Crandall - Yes; Hall- Yes; Bean - Yes; Folsom - Yes. The motion carried unanimously. City Council Meeting, August 9, 2001 - Page 6 Attorney Anderson was directed to prepare an ordinance for City Council meeting of August 23. The motion to raise the salaries of elected officials prompted questions from Fire Chief Clarence Nelson. Where is the City money coming from to raise their salaries? What do you do to generate raises? Wouldn't the Fire Department be in the same boat? The Fire Department is made up of all volunteers. What about compensating the Volunteers for gas money to go to fires? Other volunteer departments compensate their firemen for gas. Jennifer Kerner, manager of Ammon Swimming Pool, submitted a proposed price increase for the 2002 season. (Exhibit B) The City Council did not have a problem with increasing the pool fees. They recommended that Jennifer consider increasing the non-resident swimming lesson fee to $30 per session. A letter has been received from the Bureau Chief for Alcohol Beverage Control regarding code changes to stagger license renewals. During the last legislative session, the legislature granted authority to the Idaho State Police, Alcohol Beverage Control (ABC) Bureau to stagger the renewal of licenses to sell alcohol. A schedule has been established by ABC for the staggered renewal of licenses in each county. The process will begin in October when all licenses will be notified of their renewal month as well as the fees they will be required to pay. The renewal month scheduled for Bonneville County is August. The Sanitation Department garbage collection policy was reviewed. The residents need to be reminded that "All residential waste containers shall have a capacity of not more than thirty-two (32) gallons and when filled, shall weigh not more than seventy-five (75) pounds." The crew should not discard the waste container without leaving a note to give the resident a week to provide a replacement. It was recommended that a reminder should be added to the utility bills to advise residents of the size of container to use and the acceptable weight. Another reminder for residents is to encourage them to use sound containers so, when the container is picked up to be dumped, the bottom does not fall out or the handles break off. "The Sanitation Department will remove and dispose of such waste as meets the standards and regulations of the solid waste disposal and landfill operations of Bonneville County." The City Clerk called attention to a problem with massage therapy licensing in complying with the new ordinance. The Council was asked to determine what to do about the situation. In December 2000, Amy Bradley of The Center for Massage Therapy, 1790 Sabin Drive, was reminded that she needed to renew her massage therapy establishment license and that each of her therapists should obtain licenses according to the new regulations. On December 29, 2000, Amy paid $100 to renew her massage therapy establishment license for City Council Meeting, August 9,2001 - Page 7 2001. On December 29, 2000, two therapists paid $50 each for 2001 licenses and on January 17, 2001, three more therapists paid $50 each for 2001 licenses. The applicants received a receipt for their license, but a formal license was not issued because the applications were incomplete. There was a problem with the background check requirement. The applicants did not want to pay an additional $40 or $50 for the background check. Also, the Sheriff's Department had trouble getting the FBI Background Check that the City was requiring. It was finally decided that the Sheriff's Department would do a lesser check at no charge until we could get the other check in place. Amy Bradley was advised to have the therapists come in to the City Office to complete their applications. On May 30, 2001, background check information was faxed to Captain Campbell of Bonneville County for four of the applicants, and he faxed back to say they had "no record." There was still a problem to get the applicants to come to the City Office to check and finish their application. In July a telephone call was received from one of the applicants to request that her application be returned, and she advised that The Center for Massage Therapy had gone out of business. What should be done about the partially completed massage therapy licenses? The Council agreed that the establishment was in operation for at least half of 2001 and the therapists were practicing so the City should retain the license fees, which were collected. Councilmember Bean reported that he had received a call from Ken Neider, 1975 Cabellaro Drive, about a motorcycle/noise problem in their neighborhood. The City Office received a similar complaint from Joseph G. Cabrera, 1905 Cabellaro Drive. The problem involves a police matter, and the Sheriff's Department is aware and working on it. Unfinished Business: Councilmember Folsom is working on the parking ordinance, and she should have it completed within the next two weeks. She has wanted to get the Sheriff's Department involved. There are two Development Agreements recorded for the property being developed by Arave Construction, which was formerly owned by Anderson Lumber Company. One is an Annexation/Development Agreement entered into with Anderson Lumber Company and the City of Ammon. The other one is a Development Agreement with Arave Construction for Oak Ridge Addition. Since Sonic Drive-In is developing a piece of the property, the Title Company has requested a release of the development agreement to clear the title. Attorney Anderson and Engineer Manwill did not have a problem releasing the Anderson Lumber Company agreement. Council member Hall moved to release the Development Agreement with Anderson Lumber Company for the property on the north side of East 1 th Street City Council Meeting, August 9,2001 - Page 8 now being developed as Oak Ridge Addition. Council member Crandall seconded the motion. Roll call vote: Hall - Yes; Crandall - Yes; Bean - Yes; Folsom - Yes. The motion carried unanimously. (It was later determined there was a difference in the two agreements that needed to be addressed before the one was released.) Reports: Chief Clarence Nelson reported for the Fire Department. He discussed Bureau of Land Management training and the Department of Lands open burning policy. We are moving into the fire season. The Department plans to issue a "no burn policy" when they determine it is advisable for Ammon residents. The Fire Department would like a garbage dumpster at the Fire Station. The Sunnyside Road project is still on schedule for the east-end. The project involves five separate projects. Three of the projects are facing possible delay, but two of the projects are not on delay. Attorney Anderson introduced Ordinance No. 293, AN ORDINANCE DEFINING A NEGLIGENT FALSE FIRE ALARM; PROVIDING THAT A NEGLIGENT FALSE FIRE ALARM SHALL BE AN INFRACTION; PROVIDING FOR A PENALTY THEREFORE; AND PROVIDING FOR THE ASSESSMENT OF CIVIL DAMAGES FOR A PERSON OR PERSONS FOR GIVING A FALSE FRE ALARM IN ANY MANNER AND CIVIL DAMAGES FOR A NEGLIGENT FALSE FIRE ALARM; PROVIDING FOR AN EFFECTIVE DATE. Councilmember Folsom read Ordinance No. 293 in full and moved that the City Council dispenses with the rule requiring the reading of the ordinance on three different days and that the three readings be waived. Council member Crandall seconded the motion. Roll call vote: Folsom - Yes; Crandall - Yes; Bean - Yes; Hall - Yes. The motion carried unanimously. Councilmember Folsom read the ordinance by title and moved the adoption of Ordinance No. 293 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 inquired about what the City Council is prepared to do about the decision on the nuisance hearing concerning the storage units on the Knight's property. He asked if there was any compromise. There was a discussion about helping to move the units and a place to put them until they can be permanently relocated. It was suggested there might be a space available on City property at Well NO.7. Regarding liability to the City, the owner could insure City Council Meeting, August 9, 2001 - Page 9 his property and release the City. The City Council directed Attorney Anderson to proceed with negotiations to relocate the units elsewhere. Three bids have been obtained for air conditioning at the Fire Station. There was some concern that a swamp cooler would damage equipment. The cheapest air conditioning bid was $3600. This would accommodate the office, the training room, and the Sheriff's Department office. The bids will be given consideration during budgeting. Councilmember Bean reported on the 40-hp booster pump to be located at 21 sl Street and the first entrance into The Cottages on the west. There is already power installed at the site, and we have requested that it be changed over to the City. The power has been used for irrigation purposes, and it is tied up in a power buy back program until September 15. The developer and Utah Power are both aware, and they will work out the details. The Law Enforcement Contract needs to be reviewed with the Sheriff. The school barriers at the end of Derrald Avenue should be taken down and the stop sign installed on Eagle Drive. Budget items were brought up. The $65,000 recommended to be included in the budget for improvement to the lift station depends on how fast development occurs. The City of Ammon is responsible for $250,000 for the Hitt Road sewer. Craig Lords has reported there are some traffic lights available for Sunnyside Road and Taylorview Lane, but there are no signal controls. Engineer David Benton has submitted a bill for a partial payment in the amount of $12,435 on the water system study his firm is working on. The bill is due August 21, but the Council was reluctant to release any funds until the study is in hand. Council member Hall reported that the park in Eagle Pointe has been graded. A ball diamond mayor may not fit in that park. The City needs to select a tree committee for the Community Forestry grant. Suggestions for committee members are in order. Kenneth Lembrich, an interested citizen, described a tree museum idea that he had observed in an eastern area. Engineer Manwill reported there is a meeting in Shelley on August 10 for the Regional Sewer Feasibility Study. A meeting on the Sunnyside Road project is scheduled for August 15 at the Bonneville County Commissioners' office. Immediately following at 10:30 AM. will be the Bonneville County-Cities meeting. City Council Meeting, August 9, 2001 - Page 10 Claims were approved. Council member Bean moved to adjourn the Regular Meeting to an Executive Session to discuss personnel matters. Councilmember Folsom seconded the motion. The Regular Meeting was adjourned. Mayor Attest: Exhibit A - City Council Meeting, August 9, 2001 Motions from August 7, 2001 Planning & Zoning Commission Kevin Murray made a motion to approve a request for a rezone from RP to RP A for The Cottages. Karen Anderson seconded the motion. Voting was all in favor. The motion carried. Kevin Murray made a motion to approve the Preliminary and Final Plat of Centennial Ranch Div. # 11. Ron Folsom seconded the motion. Voting was all in favor. The motion carried. Karen Anderson made a motion to approve the Preliminary and Final Plat of Trailwood Village Div # 2, with the conditions that they apply for a rezone to all R-l and that they limit they accesses onto John Adams for the lots that can access onto another street. Kevin Murray seconded the motion.. Voting was all in favor. The motion carried. Tom Hunsaker made a motion to approve the Preliminary and Final Plat of Brianvood Div. # 4. Randy Waite seconded the motion. Voting was all in favor. The motion carried. . Karen Anderson made the motion to deny the Special Use Permit request of Terri Johnston. Dick seconded the motion. Voting was Tom Hunsaker to deny, Elaine McGary to approve, Maxine Hardy to approve, Randy Waite to approve, Kevin Murray to approve, Ron Folsom to approve. For the record Greg Maeser would have voted to deny if the vote was a tie. The motion did not carry. Kevin Murray made a motion to add a stipulation the Special Use Permit that there will be a mandatory evaluation of the business and a check is done to verify that there are no employees and no problems. Ron Folsom seconded the motion. The motion carried. Ron Folsom made a motion to have all hearings notification area be 500'. Karen seconded the motion. Kevin Murray voted against. The motion carried. Exhibit B - City Council Meeting, August 9, 2001 Ammon Swimming Pool Proposed Price Increase 2002 . Current Prices Swimming Lessons Ammon Resident Non-Resident $22 $24 Open Swim Tickets Children Adults $1.25 $1.75 Season Passes Family (50) Swims Individual Child Individual Adult $50 $40 $50 Proposed Prices $24 $26 $1.50 $2.00 $60 $50 $60