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Council Minutes 05/03/2001 CITY OF AMMON May 3,2001 Minutes of the Public Hearings and 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 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 R. Guymon Others Present: Mark Johnson, Rockwell Homes Jay Johnson, Rockwell Homes Alan Cunningham, Mountain River Engineering Cindy Donovan, 3725 East Sunnyside Road, Ammon Tom and Dan Hunsaker, 2925 Carolyn Lane, Ammon Martin Agee, 3660 Rich Lane, Ammon LaRall and Cindy Kent, 3866 Orchard Circle, Ammon Carlos Villapudua, 2635 South 25th East Michael and Scott Baird, 3636 Samuel Street Joseph Filutze, 3085 Willowwood Circle, Ammon Guila Olsen, 3210 East Sunnyside Road, Ammon Kathy and Vic Baldwin, 3590 Rich Lane, Ammon Pam Olsen, 618 South Fourth #1, Pocatello, Idaho Greg Maeser and Ron Folsom of the Planning and Zoning Commission Councilmember Crandall led the Pledge of Allegiance to the Flag and Council member Hall offered a prayer. The first item of business was a Public Hearing to consider abandonment and vacation of Judy Street in Olsen Park Division No.2. The street extends in an Easterly-Westerly direction between Lot 15 of Block 1 and Lot 1 of Block 3. The street has not been improved or opened and has not been utilized, but it is platted upon the recorded plat of Olsen Park Division NO.2 to the City of Ammon. Mayor Ard opened the Public Hearing and swore in the interested parties who wanted to give testimony. Notice of the Hearing was published in the Post Register on April 17 and April 24, 2001. Property owners within three hundred (300) feet of the platted City Council Meeting, May 3, 2001 - Page 2 street were given notice of the hearing. They were advised that they would have an opportunity to express their opinions regarding the proposed action. Also, they were advised that, if they did not object, they were not obligated to appear at the hearing. Mayor Ard explained that development of the Stonehaven Addition routed the extension of Judy Street farther south, and it does not connect with the stub-in of Judy Street in Olsen Park. Victor Baldwin, 3590 Rich Lane, asked what normally happens when a street is abandoned. The Mayor responded that the street would be split between the two adjacent lots and half would be deeded to each property. Mr. Baldwin continued that he understood, whenever a street or road is disbanded, the property would revert back to the original owner. He thinks that should happen even if there is only fifty (50) feet of right-of-way. Attorney Anderson explained that the law is very clear, when you abandon a street or an easement or an alley, that half goes back to each of the adjoining and abutting owners. So that is not negotiable. There is no other choice according to the law. Mr. Baldwin contended that the original owner had to give the property to make the road. If the City is not going to develop a road, the property belongs to the original owner. The original owner could sell it to the adjacent properties if they wanted it. The original owner loses. Mayor Ard explained, when the property was developed, the right-of-way for streets was platted as part of the development. Martin Agee, 3660 Rich Lane, is one of the adjoining property owners. When he originally purchased the property on Rich Lane and placed his house and garage on it, the City of Ammon required a set back of thirty (30) feet on both Rich Lane and Judy Street. Because of the set back requirement, he had to build his garage to face Judy Street. If he does not get a piece of Judy Street, he will not have a driveway access to his garage. Pam Olsen, 618 South 4th No.1, Pocatello, Idaho, asked why did the Stonehaven developer not use Judy Street as planned? Judy Street comes from the west and continues east, but it was located further south than the original plan. The portion of Judy Street in Olsen Park does not continue to the east. When Olsens develop the remainder of their property, they need to plan to connect streets and to plan to continue a street out to Ammon Road. Victor Baldwin asked what would be wrong with making the piece of Judy Street into a cul-de-sac. There is not enough right-of-way to make a cul-de-sac. City Council Meeting, May 3, 2001 - Page 3 There was no further comment, and Mayor Ard closed the Public Hearing. The Council did not see the need for further discussion. The law clearly states the action to be taken. Councilmember Folsom moved to vacate and abandon Judy Street in Olsen Park. Councilmember Hall seconded the motion. Roll call vote: Folsom - Yes; Hall - Yes; Crandall - Yes; Bean - Absent. The motion carried. The second Public Hearing was to consider revisions to the zoning ordinances, repeal of the present Title 10 - Planning and Zoning, and recodification of Title 10 with the revisions. Notice of the Hearing was published in the Post Register on April 17 and April 24, 2001. A detailed copy of the proposed revisions has been available in the City Office for public review. Ron Folsom reported for the Planning and Zoning Commission. The Mayor and each member of the Council has received a copy of the zoning ordinance with the revisions marked. There has been an addition to the Industrial and Manufacturing Zone. Section 10-25-2 (B) should read "Sexually oriented businesses shall be allowed, provided that no business be located within twenty-five hundred (2500) feet of any religious institution, school, public park or building or residentially zoned property." This zoning restriction does not violate the state law regarding a sexually oriented business. Council member Folsom called attention to the present zoning requirements regarding amended plats. An amended plat must be filed in the event of a major change, which changes the subdivision materially, changes the location of a street or public area, or creates additional lots. However, there are changes, which occur, that do not require amending the plat. These changes often create problems, especially when property is sold. Council member Folsom would like to see a revision to require any change to require an amended plat. Councilmember Hall agreed. Engineer Manwill indicated the state law requires any time a property line is changed that it requires a record of survey. This is not always complied with. Mayor Ard opened the Public Hearing for public comment. There was no public comment, so he closed the hearing. Councilmember Folsom moved to repeal the present Title 10 - Planning and Zoning and to accept the revisions and recodification of Title 10 with the amendment to 10-29- 11 (C) to say "any change which affects lot lines, lot sizes, or units for additional buildings which may be under separate ownership shall require the filing of an amended plat or condominium plat." Council member Crandall seconded the motion. Roll call vote: Folsom - Yes; Crandall- Yes; Hall - Yes; Bean - Absent. The motion carried. City Council Meeting, May 3, 2001 - Page 4 Attorney Anderson introduced Ordinance No. 289 by title, AN ORDINANCE FOR REVISING, CODIFYING, AND COMPILING THE GENERAL PLANNING AND ZONING ORDINANCES OF THE CITY OF AMMON, IDENTIFIED AS TITLE 10 OF THE CODIFIED ORDINANCES OF THE CITY OF AMMON; PROVIDING FOR AN EFFECTIVE DATE THEREOF. The ordinance was read in full and explained by Attorney Anderson. Councilmember Folsom read Ordinance No. 289 by title 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; Hall - Yes; Bean - Abstained because he arrived too late to hear the discussion. The motion carried. Council member Folsom moved the adoption of Ordinance No. 289 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; Hall - Yes; Bean _ Abstained. The motion carried. H. Larry Spilker, 5858 East 21st South, sent a letter to the Mayor and City Council to inquire about the cost and conditions of hooking up to the sewer and water lines being constructed on East 21st South Street. He was not part of the original annexation process for Quail Ridge Estates and the Hillpoint Properties, but he is interested in what is involved to access the utilities while construction is underway passed his house. The Council discussed where the Spilker property is located. It was the consensus that properties contiguous with where the sewer and water lines are being constructed should be considered for annexation and access to the services. Alan Cunningham of Mountain River Engineering explained that originally various property owners were contacted about annexation, but more interest in accessing the City services has been shown since construction has commenced. The Council suggested it might be a good idea to contact the adjacent property owners again. Councilmember Bean asked Engineer Manwill to explain the County ordinance that stipulates if you are within three hundred (300) feet of a sewer line it is mandatory to connect. He also inquired about how interested the County is in enforcing their ordinance. It was adopted for the Sewer District, but it is something that the County has not enforced. They have left it up to the owners of the sewer system to enforce under the County ordinance. It had to be a County ordinance, but it was for two different sewer systems that were financed by revenue bonds. Council member Hall encouraged the City to take action and approach the property owners about accessing services to include all property owners at one time. This would be a definite advantage for property owners to access during the time of construction. Councilmember Hall expressed a willingness to contact property City Council Meeting, May 3,2001 - Page 5 owners. Councilmember Crandall asked Alan Cunningham if they met any resistance when they originally contacted the property owners about annexation to City of Ammon. There were very few that did not want a part of it and that is one reason they went from one side of the street to the other. Council member Bean asked about requiring connection fees. Waiving connection fees would be an enticement to those who were hesitating to access the public system and get rid of their private system. The sewer connection fee cannot be waived because of our agreement with the City of Idaho Falls. The water connection fee could be waived if property owners connected at one time. There was a discussion on guidelines for connection. It was agreed to contact the property owners to determine who was interested. Yen Ching Restaurant next to Edwards Theater has applied for a license to sell beer and wine for consumption on the premise. They have had a general business license, but they want to expand their operation to serve beer and wine with meals. They have applied for and obtained the necessary State and County licenses. Council member Folsom called attention to the fact that it is harder to obtain a beer and wine license from the State than it is to obtain a liquor-by-the-drink license. It does not make sense, but it is true. Councilmember Bean moved to approve the beer and wine license for consumption on the premise for Yen Ching Restaurant. Council member Folsom seconded the motion. Roll call vote: Bean - Yes; Folsom - Yes; Crandall - Yes; Hall - Yes. The motion carried unanimously. Sol Rio Restaurant is planning to open in the Teton Spectrum to the north of Yen Ching. An application has been submitted for a license to sell beer and wine for consumption on the premise. Carlos Villapudua, President of EI Madrono Inc., is in charge of the facility in Ammon. He explained that he originally wanted to be able to serve liquor-by-the-drink, but he had been unable to obtain a State license because an individual has tied up the remainder of the licenses, which were available for Ammon. The opening is planned for around May 15, 2001, when the necessary inspections are completed. He plans to begin operations by serving beer and wine for consumption on the premise with hopes that liquor-by-the drink can be added later. He has not yet received his State and County license, but they have been applied for. He has been a little over two months completing the requirement for state licenses. They have required that his restaurant to be completely functional. At this time, everything is pretty much in order. Councilmember Crandall moved to approve a license for beer and wine to be consumed on the premise for Sol Rio contingent upon receipt of the State and County licenses. Councilmember Hall seconded the motion. Roll call vote: City Council Meeting, May 3, 2001 - Page 6 Crandall - Yes; Hall - Yes; Bean - Yes; Folsom - Yes. The motioned carried unanimously. LaRall Kent met with the City Council to explain the proposed uses for the middle commercial building that he built on the south side of East 17th Street between Sabin Drive and Cabellaro Drive. There has been a question raised about whether he has adequate parking for the businesses that want to occupy the spaces. The question was directed to the Planning and Zoning Commission. They determined that approval or denial of a business license should determine if the parking meets the City's requirements. A committee of Ron Folsom, Karen Anderson, and Tom Hunsaker was asked to interpret the ordinance and give an opinion to the City Council on the number of parking spaces required. Ron reported for the committee. One business that causes the most concern is a Grill and Fun Center. Our ordinance does not specifically address such a business. The Fun Center plans include an eating counter with stools and the remainder of the space will be occupied with Foose Ball machines and pool tables. A sketch of the building and parking area was reviewed. The whole building is 8,000 square feet and our ordinance specifies one parking space per 300 square feet. The available parking spaces should meet the requirements if general businesses occupy the building, but a business that serves food is questionable. The businesses planning to occupy the building are Elegance in White, Executive Cleaning Services, Cajun Bob's Grill and Fun Center, and one other shop. When the building permit was issued, the parking spaces met the requirements. There was a discussion on required parking spaces and available parking spaces. It was determined that the City Council needs to take a look at each business that plans to occupy a building before a business license is issued. The business license applications for the proposed occupants of LaRall Kent's building were reviewed. A business license has already been issued for Elegance in White. Council member Hall moved to approve the business license for Cajun Bob's Grill and Fun Center. Councilmember Bean seconded the motion. Roll call vote: Hall - Yes; Bean - Yes; Crandall- Yes; Folsom - Yes. The motion carried unanimously. Councilmember Bean moved to approve the business license for Executive Cleaning Services. Councilmember Hall seconded the motion. Roll call vote: Bean - Yes; Hall - Yes; Crandall- Yes; Folsom - Yes. The motion carried unanimously. Scott Baird, 3636 Samuel Street, proposed an Eagle Scout Project to paint the pump house in the southwest corner of Peterson Park, which is covered with graffiti. The building's exterior walls encompass approximately 1200 square feet. It is estimated that it would take four gallons of primer followed by an equal amount of paint to cover the surface. A second coat of paint might be necessary. The estimated cost for paint is $120 to $170. The City approved Scott's project and agreed to pay for the paint. It was suggested that he check on a special kind of graffiti washable paint. If the special paint costs up to twice as much as the estimated cost, the City is willing City Council Meeting, May 3,2001 - Page 7 to pay for it. If the special paint is more than twice as much, Scott should clear the paint with Councilmember Hall. The next item of business was the Preliminary and Final Plat for Centennial Ranch Division No. 10. This is also known as the Miller/Hatton property and is located on the north side of East 1 yth Street between the railroad tracks and Centennial Ranch Divisions 7, 8, and 9. The Planning and Zoning Commission reviewed the plats on May 1, 2001, and they recommended denial by a vote of four to three. Alan Cunningham reported that the City of Idaho Falls had signed the improvement drawings. Engineer Manwill has reviewed the improvement drawings and the plat. He recommended obtaining signatures from the gas company, the phone company, and the power company. Since the Planning and Zoning Meeting, a bigger vicinity map has been prepared to show the configuration of the existing subdivisions and the proposed subdivisions within a square mile radius. It also shows a road tie in from Division 10 to the proposed extension of John Adams Parkway. The Council questioned Alan Cunningham about why the Planning and Zoning Commission recommended denial. He reported that there was concern about an access to the west, and there was too much traffic in a small area. There is not another layout for the narrow strip of pro~erty. The plans show three accesses out of the property. One is the access on to 17 h Street. One is the connection with Mirinda Lane, and Mirinda Lane is stubbed so that it could be extended to Crowley Road. The other access is to the north to connect with the proposed John Adams. There was discussion about the problems with the plat. It was generally agreed that the owner could not be denied development of the property and the plan is about as good as can be done with the narrow strip of property. Council member Folsom moved to accept the Preliminary and Final Plat for Centennial Ranch Division No. 10. Council member Hall seconded the motion. Roll call vote: Folsom - Yes; Hall - Yes; Bean - Yes; Crandall - Yes. The motion carried unanimously. Councilmember Bean asked the location of the two houses on the Miller/Hatton property. Jay Johnson pointed them out on the plat and explained they will access 1 yth Street from Ridgewood Drive. Johnson suggested the Council member over parks, a Planning and Zoning representative for parks, and the developers should sit down and talk about park development. The minutes of the City Council Meetings held April 5 and April 19, 2001 were reviewed and corrections were pointed out. In the minutes of April 19, on page 4 regarding the minutes, the date of the meeting should be April 5 in place of April 19. Also, on the last page of the April 19 minutes a response from the City Council should be added to the inquiry of Jay Johnson about annexing land to the south. Other corrections were typos. City Council Meeting, May 3, 2001 - Page 8 Council member Folsom moved to accept the minutes of April 5 and April 19, 2001. Council member Hall seconded the motion. Roll call vote: Folsom - Yes; Hall - Yes; Bean - Yes; Crandall- Yes. The motion carried unanimously. Attorney Anderson drafted some suggestions on false fire alarms in response to the Council concerns about negligent false fire alarms and Councilmember Folsom's concern about alarms for open pit burning. Two ordinances address these concerns. The City now has in place a misdemeanor for a false fire alarm, which covers willfully and knowingly giving a false fire alarm. One ordinance defines a negligent false fire alarm where the fire alarm system goes off without an intentional wrongdoing. If it happens more than once in a twelve-month period, it will be deemed a negligent false fire alarm and the violation deemed an infraction. It also addresses recovering the civil damages. The second ordinance is titled AN ORDINANCE AMENDING AND ADDING TO THE OPEN BURNING REQUIREMENTS TO REQUIRE A PERMIT FOR AN OPEN PIT FIRE ON PRIVATE PREMISES. Mayor Ard asked about the length of time for a permit to burn in an open pit. A burning permit is normally issued for a three-day period. This provoked a discussion. A number of residents have built open pits, and they plan to use them at their convenience. This is an intrusion to have to go to the City to get a permit to build a fire in a fire pit. You do not have to go to the Bureau of Land Management to build a fire in one of their fire pits. The problem is someone passing by sees a fire in a backyard. He calls in an alarm, and the Fire Department responds. It would be beneficial to have some kind of record to alert the Fire Department that it is a fire in a fire pit and it is under control. The Council debated the issue, but did not reach an agreement. Councilmember Crandall moved to table the proposed ordinance requiring a permit for an open pit fire on private premises. Councilmember Bean seconded the motion. Roll call vote: Crandall - Yes; Bean - Yes; Hall- Yes; Folsom - Yes. The motion carried unanimously. It was recommended that the Council study the proposed ordinance on negligent false fire alarms before any action is taken. The Mayor inquired about street repairs. He has received some requests and he wanted to be able to report on the progress. Joseph Filutze asked if the City did inspections on curb and gutter repair. Public Works Director Wadsworth explained that curbs and gutters are the homeowners' responsibility. The streets are the City's responsi bi I ity. Joe Filutze inquired about a problem with a furnace and ductwork and who inspects those installations. Bonneville County does building inspections for the City of Ammon. A resident had a problem with a furnace running continuously, and it was City Council Meeting, May 3,2001 - Page 9 determined to be caused by undersized ductwork. If the building inspector inspects heating and ductwork, Joseph Filutze encouraged closer inspection. He was encouraged to discuss such problems with the builder. In the meantime, the City will check on heating or mechanical inspections. The Annual AIC Conference is in Nampa on June 12-15, 2001. The City needs to name a voting delegate. Councilmember Folsom plans to attend the conference, and she will represent Ammon as the voting delegate. In continuing its support of asset building, AIC is offering the AIC Youth Leadership Conference (IYLC), "Building Bridges for Our Future," which will run concurrently during the Annual AIC Conference on June 12-15 in Nampa. Each city has been asked to send two youth delegates. The IYL Conference is targeting emerging leaders, those youth that show leadership potential but have not had the opportunity to gain leadership skills. Identify and select youth that may not necessarily be outstanding students or leaders in school but have a desire and interest to develop leadership skills. The City Officials plan to work toward obtaining two sponsors and selecting two delegates. Connie Guymon has been working on the newsletter. She needs any final instructions. Plans are to deliver a bulletin with the newsletter about a public informational meeting on the Regional Sewer Study project. The meeting will be in our City Building on Tuesday, May 15 at 7:00 P. M. This will provide the public with an opportunity to see what the project is all about. Public Works Director Wadsworth has put together a list of City property to be declared surplus and offered for sale. The list includes: 1980 Ford Utility Truck VIN 0077, 1973 Chevrolet 2 Ton Dump Truck VIN 6665, 1975 Dodge 1-1/4 Ton Dump Truck VIN 4955, 1969 Chevrolet 2-1/2 Ton Sander VIN 2382, 1977 Dodge % Ton Pickup VIN 8556, 1968 Huber Grader, and Jacobsen F10 12' Turf Tractor Mower. Photographs of the proposed surplus items were available for the Council to review. Councilmember Hall moved to declare the items discussed as surplus and to offer them for sale. Council member Folsom seconded the motion. Roll call vote: Hall - Yes; Folsom - Yes; Crandall- Yes; Bean - Yes. The motion carried unanimously. The next item of business was communication towers and antennas. Tom Hunsaker reported on the recommendation of the Planning and Zoning Commission. The following changes were recommended: Section 10-32-12 (E) - The roof should be made less restrictive by allowing a flat roof with a single membrane capable of carrying the snow load. City Council Meeting, May 3, 2001 - Page 10 Section 10-32-21 (A) 2 should be changed to read that the City Council shall include in the permit application the price of an expert opinion. Section 10-32-21 (B) 2 should be changed to read that an antenna license shall require an expert opinion. In order to try to draw the price of an expert opinion down, a yearly bid could be considered. The Planning and Zoning Commission members were definitely in favor of making it mandatory that the permit application include the price of an expert opinion. Members of the Council had a lengthy discussion about the expert opinion requirement at their last meeting. They resolved, at that time, that the City would not require the expert opinion. Council member Folsom did not try to influence the Planning and Zoning Commission regarding the expert opinion, but she strongly believes it should be a requirement. Council member Bean and Councilmember Hall still opposed making the expert opinion mandatory. The City is concerned with aesthetics and not with technology. Tom Hunsaker said he honestly did not know how much our ordinance would be impacted by just appearance. Councilmember Folsom begged to differ about just appearance. The Council also needs to protect the safety issue of our citizens. That is part of our responsibility. Council member Bean stated that he does not have a problem with passing the ordinance like they have talked about, but he does have a problem with passing the ordinance with a mandatory statement. Attorney Anderson redrafted the ordinance with the first modification for an alternate roof design and with the part about the expert opinion as discretionary with the City. He drafted an alternate ordinance in case the City wanted to go with the mandatory requirement for an expert opinion which the Planning and Zoning Commission requested. The Council has a choice of ordinance for whichever way they want to go. Council member Folsom recommended if the Council goes with the non-mandatory choice that the fees be raised because the City is probably going to have to go out for individual consultation to see if we are meeting all the situations for communication towers. The City should not have to pay for double checks. Council member Hall thought we agreed that the wording would say any inspections, which are required, would be paid for by the communication tower people. That was not what Council member Folsom referred to. She meant for consulting firms to review our ordinance to see if we have any outdated sections that need to be revised. The ordinance should be reviewed yearly because technology is changing so fast. Council member Hall continued to object because we are getting into an area that the City should not be policing. Council member Bean said, if we are so concerned about City Council Meeting, May 3, 2001 - Page 11 this, we should ban towers from the community. The City has to allow communication towers. The argument for and against continued. The ordinance is an ordinance that will need to be updated so why not have a provision to pay for an update. Council member Hall said we have an outstanding ordinance the way it is and if it is necessary to have it reviewed we can pay for it at that time. We do not want to put in an ordinance that says we are going to pay $1350 for an inspection and expect them to update our ordinance. Let's just pay to have the ordinance updated. The Planning and Zoning Commission members are concerned about being up-to- date with new regulations for new facilities coming in. Tom Hunsaker said he was comfortable with the idea if the City built into the fee enough to hire someone, not to inspect our paperwork, but someone to keep us up-to-date on changes in our ordinance so the taxpayers do not have to pick up the tab. What happens if we do not get a communication tower request each year? Our ordinance does not tell us what technology to use. It tells what kind of a structure. Towers and technology are not the same thing. Council member Hall can not believe that the City is not smart enough to put up a safe tower that looks good in our community. Council member Folsom said what if changes take place to require a sixty-foot tower rather than a ninety-foot tower. Council member Hall and Councilmember Bean did not understand why a company would put up a ninety foot tower if they only needed a sixty-foot tower. The ordinance puts a company on the spot to perform, and the City has something to judge with. Councilmember Folsom asked if there was a problem with raising the license fee from $100 to $250 because that would help solve the problem without debating. The annual tower license fee would be $250 and the annual antenna license fee would be $250. An antenna is anything that goes on the tower. The Council agreed to go with the ordinance as prepared by Attorney Anderson with the fees to be set by resolution. Attorney Anderson read from the ordinance section 10-32-21 Business License (A) Tower Business License 2 or 10-32-21 (A) 2, to show the expert opinion is required at the discretion of the City Council. The antenna business license, 10-32-21 (B) 2, is identical except for changing tower to antenna. After this ordinance was drafted, at the request of the committee, Attorney Anderson drafted an alternate ordinance to include a mandatory provision. After the reading of these sections of the ordinance and a complete review by the Attorney, the City Council agreed to the ordinance with the discretionary provision. Before the ordinance was considered for adoption, Council member Hall stated that, even though he has objected to the expert opinion, he wanted the committee to know they have done an outstanding job. He commended all of them for the time put in. The City has a premier ordinance. City Council Meeting, May 3,2001 - Page 12 Council member Folsom asked about charging for copies of the ordinance. Copies will be supplied free of charge to Bonneville County, Boise, Driggs, and Rexburg. Copies will be supplied free of charge for other local requests, but the Council approved of charging for copies supplied to requests received from out of state. Councilmember Folsom read Ordinance No. 288 by title, AN ORDINANCE ENACTING CHAPTER 32 OF TITLE 10 OF THE CODIFIED ORDINANCES OF THE CITY OF AMMON; PROVIDING FOR THE DECLARATION OF INTENT AND PURPOSE AND GENERAL OBJECTIVES, DEFINITIONS AND PROVISIONS OF AN ORDINANCE REGULATING COMMUNICATION TOWERS AND ANTENNAS WITHIN THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO; PROVIDING FOR ANTENNA AND TOWER CATEGORIES; PROVIDING REGULATIONS FOR SETBACKS AND CO-LOCATIONS, SUPPORT EQUIPMENT BUILDINGS AND APPEARANCE; PROVIDING FOR THE INTERFERENCE AND EMISSIONS STANDARDS, FOR SAFETY AND HEALTH REGULATIONS, FOR NECESSARY MAINTENANCE, AND FOR BACKHAUL NETWORK; AND PROVIDING FOR THE NON-CONFORMING USES AND ABANDONED TOWERS; PROVIDING FOR THE APPLICATION PROCESS AND FOR A CONDITIONAL USE PERMIT APPLICATION AND PROVIDING FOR A REQUIREMENT FOR A BUSINESS LICENSE WITH A GENERAL INDEMNIFICATION; AND PROVIDING FOR PENALTIES FOR THE VIOLATION OF ANY OF PROVISIONS OF SAID ORDINANCE; PROVIDING FOR THE SEVERABILITY OF THE PROVISIONS THEREOF AND FOR AN EFFECTIVE DATE. Councilmember Folsom moved that the City Council dispenses with 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 moved the adoption of Ordinance No. 288 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 asked for a motion from the City Council that Ordinance No. 288 is codified as Chapter 32, Title 10 Planning and Zoning. Council member Hall moved to codify Ordinance No. 288 as Chapter 10, Title 10 Planning and Zoning. Councilmember Folsom seconded the motion. Roll call vote: Hall - Yes; Folsom - Yes; Crandall- Yes; Bean - Yes. The motion carried unanimously Attorney Anderson introduced Resolution No. 01-03, Summary of Ordinance No. 288, which goes through and summarizes the divisions of the ordinance. This is done for the purpose of publishing Ordinance No. 288 by summary. Councilmember Crandall moved to adopt Resolution No. 01-03, Summary of Ordinance No. 288. City Council Meeting, May 3, 2001 - Page 13 Councilmember Hall seconded the motion. Roll call vote: Crandall - Yes; Hall - Yes; Bean - Yes; Folsom - Yes. The motion carried unanimously. Councilmember Folsom moved to adopt Resolution No. 01-04 to set the Tower Business License Fee at $250 per year and the Antenna Business License Fee at $250 per year to be renewed annually. Councilmember Crandall seconded the motion. Roll call vote: Folsom - Yes; Crandall - Yes; Bean - Yes; Hall - Yes. The motion carried unanimously. Councilmember Folsom has been rewriting the parking ordinance. She is hoping that she can revise it so the Bonneville County Sheriff's Department will assist the City of Ammon with enforcement. The City of Ammon has not received a signed Memorandum of Understanding with the City of Idaho Falls. There has been a delay because the City of Ammon has signed but the lona Bonneville Sewer District has not signed. Engineer Manwill explained the District's question but it has been answered. The changing of sewer charges from the City of Idaho Falls will probably begin with the June bill. Engineer Manwill advised that the agreed sewer service area does not include all of Quail Ridge. It cuts off at Foothill Road. There is a whole row of lots on the east side of Foothill Road The City needs to ask for an extension of our service area to include the very east edge of Quail Ridge. The City annexed beyond Foothill Road. It is not a problem to expand the service area, but the City just needs to ask. The description in the annexation also included some lots in Rimrock Estates that were not intended to be included. The Owen Street plans will be completed the middle of May. They will advertise and plan to open the bids about the end of the month. Engineer Manwill asked if there was any problem with opening the bids at Mountain River Engineering. Where two entities are going together it was felt that would be the best place to have the bid opening. There was no problem because each board will have to accept their portion. Also, there will be some areas to be resolved. People are now driving around the barriers. Council member Folsom introduced Resolution No. 01-02, A RESOLUTION AMENDING, MODIFYING AND REPUBLISHING THE RATES TO BE CHARGED BY THE CITY OF AMMON FOR WATER, SEWER AND GARBAGE SERVICES; ESTABLISHING THE RATES AND FEES FOR CONNECTION TO THE WATER AND/OR SEWER SERVICES; PROVIDING FOR DEPOSITS FOR UTILITY SERVICE CONNECTIONS; PROVIDING FOR DELINQUENT PAYMENT PROCEDURES; PROVIDING FOR OWNER'S RESPONSIBILITY FOR UTILITY SERVICE FEES AND CONNECTION FEES ON MULTI-USE OF SINGLE CONNECTIONS; PROVIDING FOR RECISSION AND REPEAL OF ALL RESOLUTIONS IN CONFLICT HEREWITH; City Council Meeting, May 3, 2001 - Page 14 PROVIDING FOR AN EFFECTIVE DATE. Basically the changes include the addition of the apartments and office spaces under single family residential if there is an office space within an apartment building; an additional water line on residential homes will be charged $9.00 per additional line per month; the commercial rate for square footage for under 5,000 square is $19.50 and for over 5,001 square feet is $37.65; the garbage rates on hotels, motels, and rooming houses was left off so the fee was added at basically the commercial rate; a fee of $6 or commercial rate if applicable was added for Laundromats; a new section was added for storage unit facilities using water for irrigation only and for all other storage unit facilities; deposits shall be refunded after twelve consecutive months except deposits for garbage dumpsters will be retained until the dumpster is removed; the wording in service connections was changed to include lona Bonneville Sewer District; if the location has an irrigation line only (city services) then sewer and garbage will not be required; manufactured home courts and subdivisions were added under sewer line connections; rest homes and extended care facilities were added to sewer line connections; and townhouse was added to sewer line connections. A letter was created to send to accounts that will be receiving credit for rate changes. The changes should make people happy and should eliminate some of the problems we have experienced. Council member Folsom moved to accept Resolution No. 01-02 as reworded with the addition of Falls Water under the service connection section. Councilmember Hall seconded the motion. Roll call vote: Folsom - Yes; Hall- Yes; Bean - Yes; Crandall - Yes. The motion carried unanimously. This resolution shall take effect as of January 1, 2001. A reminder letter will be sent to Jerald and Robin Knight to remind them that the box cars are to be removed from 3265 Owen Street by June 1, 2001. Reports: Chief Nelson reported for the Fire Department. A mock disaster is planned for the area around Sportsman's Warehouse. David Wadsworth reported for Public Works. The sprinkler systems are in operation. The sand filter has been installed and the swimming pool plans to open on June 11. The new Walker lawn mower has been delivered. Attorney Anderson scheduled a luncheon/work meeting with the lona Bonneville Sewer District and the City Officials for Wednesday, May 9, at noon in his office. Councilmember Folsom reported that she had received two letters from Palisades Parks demanding refund of money. Attorney Anderson has agreed to write them a letter to try to resolve the issue. Bud Langerak warned that 911/City of Idaho Falls would be coming to City of Ammon to request funds to operate our 911. The Council discussed the 911 operations and service. City Council Meeting, May 3, 2001 - Page 15 Councilmember Bean reminded that the City talked about a storage shed for ball team equipment at McCowin Park. He thinks we should provide something because of the pitching machine. He recommended checking out a steel Quonset. He is no longer over the Parks, but he suggested that the Council give it some thought. Sonic Drive-In plans a facility on the 17th Street next to the nursing home. They have inquired about a sign. They want one as big as Kmart's. Engineer Manwill advised that there is a monthly meeting on the Sunnyside Road project to report progress. There was a meeting on May 2 and he reported on the meeting. The project is partly on schedule. The estimated costs for the interchange and the crossing have increased to $42 million. That is the State's project. The City of Idaho Falls' widening project has increased. The historic trees have been set aside as historic which will probably increase the cost $1 million. The City of Idaho Falls is supposed to be deciding whether to pull the plug on the Federal Aid Project. If that happens, it comes back to locally funded under the agreement and City of Ammon would be looking at an increase of about a million dollars. One thing that concerns Engineer Manwill is that Idaho Falls is not looking at their increased share as being $6.1 million. They are looking at quite a bit less than that. They are looking at the entire cost as being split among the three. The County does not look at it that way, and neither does Ammon. The agreement is in place, and we need to stay with the agreement. The City of Idaho Falls is beginning to say they can't afford federal aid because of the environmental regulations. Idaho Falls has awarded the Hitt Road sewer contract and the project should be completed by the end of July. Ammon's share is about $250,000. Claims were approved. Council member Bean moved to adjourn the meeting, and Council member Hall seconded the motion. The meeting was adjourned at 10:55 P. M. Mayor Attest: City Clerk