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Council Minutes 03/15/2001 CITY OF AMMON March 15, 2001 Minutes of the Public Hearing 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 Harvey L. Crandall Council member Leslie Folsom Councilmember 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: Audrey and Josh Bonnesen, 620 Amy Lane, Idaho Falls Roger M. Compton, 2930 Courtyard Circle, Ammon Frank Hynek, 3070 Brookstone Circle, Ammon Hannah Eddington, 3081 Stoneridge Circle, Ammon Esther Bramwell, 2983 Courtyard Circle, Ammon LaVar and Zola Turpin, 2973 Stonehaven Drive, Ammon Arden E. Jackson Cherie A. Miskin, 3646 Stonegate Drive, Ammon Irene Theobold, 2927 Stonehaven Drive, Ammon Erna Huber, 2929 Stonehaven Circle, Ammon Anna Harker, 2933 Courtyard Circle, Ammon Donna Harker, 2931 Courtyard Circle, Ammon Jack and Georgianne Bigelow, 3520 Stonehaven Drive, Ammon Melvin Harris, 2942 Stonehaven Circle, Ammon David E. Benton, Benton Engineering Matt Smith Dan Carter, 3049 Brookstone Circle, Ammon Toni Smith, 3959 Taylorview Lane, Ammon Joe Ann Gudmundson, 2978 Oakhaven, Ammon Tacyann Gray, 2909 Oakhaven, Ammon Bernice Shirley, 2934 Oakhaven, Ammon Arnold and Ellen Carroll, 2937 Oakhaven Judy Young, 2935 Oakhaven, Ammon Martha Haslam, 2936 Oakhaven, Ammon Dorothy Hannah, 2910 Oakhaven, Ammon l_ City Council Meeting, March 15, 2001 - Page 2 Sally Sanford, 2987 Oakhaven, Ammon Bill Barnes, 2952 Oakhaven, Ammon Dennis and Ann Earl, 3089 Stoneridge Circle, Ammon Lova Jensen, 3089 Brookstone Circle, Ammon Idonna Ockerman, 3071 Brookstone Circle, Ammon Glenna Jernigan, 3648 Stonegate Drive, Ammon Joseph and Sue Filutze, 3085 Willowwood Circle, Ammon AI Thompson, 3093 Willowwood Circle, Ammon Kay L. Carter, 3362 Stonehaven Drive, Ammon Donna Welch, 2932 Courtyard Circle, Ammon Maurine Bills, 3418 Stonegate Drive, Ammon Amy Brinton, 3416 Stonegate Drive, Ammon Scott Hall, 3905 Brookfield Lane, Ammon Ron Folsom, 2750 Sawtooth Street, Ammon (Planning and Zoning Commission) Tom Hunsaker, 2925 Carolyn Lane, Ammon (Planning and Zoning Commission) There were a number of others present who did not sign the attendance register. Council member Bean led the Pledge of Allegiance to the Flag, and Councilmember Crandall offered a prayer. Scott Hall represented the friends of Little League Baseball. One night last year while warming up for a game, Devin Beck died of an aneurysm at first base on Peterson Park south field. During the season a petition was circulated among the baseball fans, and Scott Hall presented the petition to the City Council. "Residents of Bonneville County, and other fans of Little League Baseball, do hereby petition the Ammon City Council and the Mayor of Ammon, Idaho, for a resolution dedicating first base at Keith Brown Field (Peterson Park South ball diamond) to the memory of Devin Beck who passed away May 24, 2000. "It is requested that the Ammon WBBA Little League be permitted to acknowledge the foregoing requested resolution by placing on the backstop or on the first base fence, at Keith Brown Field, a sign acknowledging this petition, and the City Council's resolution recognizing the dedication of first base to the memory of Devin Beck." The petition is dated July 7, 2000, and contains 158 signatures. The sign will read "First Base Dedicated to the Memory of Devin Beck 1989-2000." The boys carried the petition, and it is a reminder that there is more to baseball than a bat and a ball. Robert and Beverly Beck, parents of Devin, feel this would be an appropriate recognition. Councilmember Bean moved to allow WBBA to place a sign on first base fence line in dedication and memory of Devin Beck. Council member Folsom seconded the motion. Roll call vote: Bean - Yes; Folsom - Yes; Crandall - Yes; Hall- Yes. The motion carried unanimously. City Council Meeting, March 15, 2001 - Page 3 Dennis Earl introduced himself as President of Stonehaven II Homeowners Association and Judy Young as Vice President of Stonehaven I Homeowners Association. He called for a show of hands to point out the representation present at the meeting. The homeowners are troubled by what they believe is some lack of service and some charges for water, sewer, and garbage. Mr. Earl explained they were seeking to gain an understanding as to what has occurred and the approval. The time was turned over to Judy Young to address the first issue. "Mayor and Council, my name is Judy Young. I reside at 2935 Oakhaven. I have been asked by the Homeowners Associations, both I and II, to speak with you regarding the rate increase in our utility bills. It was initially brought to my attention when I did receive the January bill. When I came down to pay the bill, I asked why our rate increase in the townhouses was so great. I was told that the City of Idaho Falls had requested that sewer rates be raised to be compensatory with theirs. When I asked about the water increase, no one could give me an answer. A subsequent review of the minutes of City Council meeting for December 21, 2000, shows that Mayor Ard stated that he met with Idaho Falls and agreed to raise rates to the same level as theirs. One of our association members called the City of Idaho Falls and talked with a lady who has worked there for thirty years. She stated that in all that time she could not remember an increase in City utilities. I then personally called the City of Idaho Falls to inquire what their utility rates were. I was told $12.50 for sewer, $11.00 for water, and $5.50 for garbage for a grand total of $29.00 per month. The Stonehaven Association was already paying each unit $31.00 per month for the services. That was already $2 per month higher than City of Idaho Falls was paying. We are now paying $12.00 per month higher than they are. I personally believe that we actually have two townhouses on a lot which is the size of one regular single family dwelling which would imply that the City actually receives $82.00 per townhouse lot while you are only receiving $41.00 for a single family dwelling. We would really appreciate an explanation as to why you found it necessary to impose such a significant increase in the rates especially since we were told a new well is already on line and allegedly paid for. We have also been informed that if you chose to do so that those new rates could be rescinded or, at the very least, amended. We are requesting that you do consider one of these options, especially taking into account that the majority of the townhouse owners are either widows or elderly couples. Thank you." Mayor Ard addressed meeting with City of Idaho Falls over sewer rates. City of Ammon is under contract with City of Idaho Falls, and they raised their rates to us. Dennis Earl commented "that comprises a 41 % amount higher than what Idaho Falls pays for the same services. Again, we have a hard time, in our own minds, justifying that 41% increase that we are paying out here in Ammon." Joe Filutze was introduced as Vice President of the Stonehaven II Homeowners Association to address the issue of snow removal. He suggested that the Mayor and City Council Meeting, March 15, 2001 - Page 4 Council respond on the first issue of rates before going to the second issue of snow removal. Council member Folsom explained that the Council understood that townhouses were originally to be billed at the same rate as a single-family dwelling. However, the townhouses have been billed based on an apartment rate. The increase to $41 brought the townhouses up to a regular residential standard. That is what a townhouse is. It is a residence and not an apartment. Councilmember Bean addressed sewer rates. Meetings with City of Idaho Falls and a study completed two years ago by CH2M Hill basically indicated, due to increase in operating costs, maintenance, and planned upgrades to the treatment plant, a necessity to re-Iook at rates. City of Ammon, City of Idaho Falls, and lona Bonneville Sewer District have worked together. City of Idaho Falls increased their sewer rates to their residents two years ago following the study. City of Ammon did not. It has taken us a while to negotiate the fact that we are not paying more per gallon than City of Idaho Falls. A formula has been developed for usage so Idaho Falls and Ammon have a comparable rate. The formula is a significant increase to Ammon residents. Idaho Falls residents pay $12.50 per month for sewer and the new rate for Ammon residents is $16.75 per month. There are two reasons for the per month difference. City of Ammon has a higher per household gallon usage than City of Idaho Falls. It is not understood why, but the usage is based on actual metered flow. The other reason is we are looking at major capital improvements to the sewer system, particularly to run a trunk line from the east over to Sunnyside Road and for upgrades. The improvements have been built into the $16.75 per month fee so there will not need to be another raise. However, there are no guarantees. City of Ammon enjoys some of the lowest sewer rates in the western United States. (Dennis Earl) "You can understand the difficulty we have. We do not have, other than the new shopping complex along Hitt Road, the commercial enterprises out here in Ammon that the City of Idaho Falls does. But, I have a hard time understanding gallon usage in Ammon versus Idaho Falls unless they are excluding sewage counts and gallons from the Idaho Falls budget and not counting that in. It is difficult for me to grasp those numbers, and maybe you share my feelings." The Council response brought out that they too had difficulty believing the numbers. It was two years before City of Ammon approved a rate increase. We do not have a choice but to go with City of Idaho Falls. We are under contract to pay our share. Idaho Falls has backed out commercial numbers so their residential and our residential are equal. City of Ammon is looking at other alternatives. We are involved in a study for a regional wastewater facility with City of Shelley, Bingham County, Bonneville County, City Council Meeting, March 15, 2001 - Page 5 and lona Bonneville Sewer District. A grant for $100,000 has been received to determine the feasibility of such a facility. Council member Crandall pointed out that, although we are not happy with the increase, the sewer has to carry itself. City of Idaho Falls charges us for treatment of the sewage plus maintenance of the lines. The fees have to cover the charges. Councilmember Bean explained that, just because we have paid a lower rate for two years, it does not mean charges are forgiven. Ammon still has to go back to pay retroactive about $300,000. City of Idaho Falls has given us a two or three year window to pay the back amount. Council member Hall clarified townhouse rates. Townhouses have been charged the apartment rate. The City Council reviewed all rates, types, and structures in the City. Almost all accounts were adjusted to some extent. The square footage of a house was considered. Even though a townhouse includes two units on a single lot the square footage of each unit is, on the average, bigger than a single-family residence. The square footage of a townhouse is more like a residence than an apartment. Apartments are generally much smaller. It is understood that City of Idaho Falls considers a townhouse as a residence. Dennis Earl said he guessed that, in terms of square footage of actual buildings, the Council is probably right. In terms of occupancy per square footage or lot size, you will find that the Stonehaven townhouse occupancy is significantly less than the average because there are so many widows where there is only one person living in a townhouse. If not, the majority falls back into two people living in a townhouse. In the Stonehaven area there are only two or three families that have any children. We are not talking about an average occupancy. When we start talking about sewage and things that way, I think there are other things that might come into play. Councilmember Crandall stated that was part of the Council discussion. Two people living in a house use less water and dump less sewage than a family. There is no way the City can bill according to the size of family or the number of children. Dennis Earl stated he understood the complexity. The homeowners would like some assurance from a government accounting basis and maybe the City is audited. When you assess funds for water, sewer, or garbage, do those funds have to be used for that purpose and do they have to be accounted for? Mayor Ard explained that water, sewer, and garbage funds are enterprise funds. They have to stay in a separate fund account. Funds are used first for operation and maintenance. Any excess becomes part of the improvement fund for water, sewer, or garbage. When the new well was built, there was enough accumulated to pay for it. City Council Meeting, March 15, 2001 - Page 6 The well, the generator, and the lines cost about $500,000 and the City was able to pay for it without bonding. Council member Crandall added that the City has no bonded indebtedness. We operate on a cash basis. We do meticulously keep track of each fund separately. The City's financial records are audited annually. Dennis Earl asked if it was a safe statement to say we are funding future expansion on the backs of the current residents. Councilmember Folsom responded. No, but we do have to plan ahead. Dennis Earl continued. When the City looks at expansion, you look at increased revenue to cover the cost of that expansion. What you are telling me is you are billing the money in advance based on current residents to pay for future expansion. Councilmember Crandall stated, "We like that policy." Dennis Earl said, "I know you like that policy, but I want the people to understand that is the philosophy. I'm not arguing right or wrong, but that is the philosophy." Mayor Ard explained subdivision policies. When a subdivision is developed, the developer pays the costs and develops according to the City standards. If the City requires larger lines or more than the standard, the City pays the increased cost. When Stonehaven was developed, the only thing the City paid for was oversized line. The oversize is for future needs. The meeting was opened for questions from the floor: You say we have more usage residential. Are that strictly homes, or does it include farm irrigation? Sewer usage is primarily residential. Farms do not enter in unless we have leakage from irrigation water. We try to not have leakage, and we think that we do not. Water rates are higher. Are you saying we use more water per household than Idaho Falls? We treat more sewage per household. That probably means we use more water or we have more water going into the sewer system. We set our own rates on water. Is the Stonehaven/Stonegate area where the first townhouses and/or condominiums, that have been built in Ammon that as a result were at a misappropriated rate? Were there others also charged at a misappropriated rate, and you decided you had better do something? It is still very difficult to understand with the experience in front of us that you would have properties prior to this development having that problem unless we were the only ones having the problem. Councilmember Bean responded that every so often we go through a total rate review. That has not taken place for sometime. He did not remember a complete review during the five years that he has been on the Council. City Council Meeting, March 15, 2001 - Page 7 Were the first townhouses classified as a residence in the rates? Mayor Ard stated the first townhouses built in Ammon were Maple Village on Ammon Road. When Jay Johnson built those, he came in and they were to be rental apartments. After Jay got into the building, he decided to sell them as ownership units. They were originally classified as apartments, and they have been reclassified. There were no townhouses prior to those Jay Johnson has developed. Councilmember Folsom explained that we had some problem areas, but they have been corrected. Everyone is now being treated equitably. There is not anyone being treated differently. Apartments are now classified as three or more units. Councilmember Bean added that townhouses were not singled out. Everything was reviewed. It has been good for the City to reclassify. There were more comments from the individual concerned with whether or not Stonehaven/Stonegate townhouses were the first and only one affected. He did not realize there was going to be an increase in rates until he was slapped with the bill. The statements mailed to each account on December first contained a notice of hearing to consider amending and increasing rates. It was in the newspaper and on radio and television. A public hearing was held. What more does the City do? The resident commented "probably not more than what you did, but isn't it fun to live in a growing community?" Councilmember Folsom pointed out that residents need to be aware that the sewer contract with the City of Idaho Falls lapses in 2013. They have clearly stated that they are not interested in renewing with the City of Ammon. We have to have another option to go some where with our sewage. The Mayor has been good and persistent about making sure we are going forth on the Shelley study. We need to be able to fund it when it happens. (Dennis Earl) You talked about Idaho Falls and the commercial enterprises being backed out of their usage. How are we handling the commercial enterprises here in Ammon in that respect? We meter those, and they are billed accordingly. The sewer and water are billed equally according to the meter. They are paying their fair share. The commercial rates were adjusted too, and they have not been happy. We feel quite comfortable that everyone is being treated equally. Joe Filutze asked why he pays $7.25 per month more for water than Idaho Falls residents do. One of the contributing factors is the cost of power. City of Idaho Falls has its own power, and City of Ammon is served by Utah Power, which has a higher rate. City Council Meeting, March 15, 2001 - Page 8 Another thing that caused Joe Filutze to question water rates was he understood from the minutes of December 21 that the money to build the newest well was appropriated prior to the increase. Mayor Ard discussed plans for the water system. A recent annexation went east up the hill. The City looked at benefits to the City from this annexation. Part of the negotiations on the annexation was the developer would put in another well and give some land to the City. The goal is to put in a water tank up on the hill to help pressurize our water system. How many more rate increases will there be? We do not know. On the formula developed for the sewer charge, Ammon residents will pay the same rate per gallon as City of Idaho Falls residents pay. The sewer is based on actual meter flow. Judy Young and others still had difficulty understanding the difference in the monthly charge between Ammon and Idaho Falls. Where do we get our water? Mayor Ard explained the location of each of the wells. One lady commented that she surely likes the water. She has been out here for about ten months. She used to buy bottled water, but she doesn't any more. She drinks Ammon water. The water is tested every month. Sometimes we do a little chlorinating during the winter months. Joe Filutze, 3085 Willowwood Circle, addressed the Mayor and City Council on snow removal. He was the spokesperson for both Stonehaven Homeowners Associations. "Prior to the first snow fall I contacted the City and talked to David Wadsworth to see if we could pile snow in the middle of the cul-de-sacs. I live in a cul-de-sac. This is a generally common practice. You start in the center. The City comes along; scoops it up, puts it in dump trucks as needed, and hauls it away. David told us we could not do it. So All American Yards cleaned the driveways, and they stored the snow in the parkways and the gutters. Naturally it fell into the gutters because you couldn't stack it up. Incidentally the pile in front of our house was about ten feet high. As the snow began to melt, standing water appeared and began ponding. It was going up on the apron of the driveways. Eventually it would have gone on to the driveways if we had not moved the snow from the gutters. The run off would not drain into the catch basin so I went down and spent a couple of hours cleaning the catch basins for the City. My only solution at this point was to have the pile of snow removed and hauled away. We felt this was an emergency so we hired someone to come out and do it. I really tried to get a hold of David one day, and he was preoccupied at some other site. I stopped one of your workmen that I saw out there in the pickup. I could get no one from the City. We went ahead an ordered a contractor to haul it away. The City's position was that All American was to remove the snow. That's not a fact. Our contract with All American is they clean the driveways, they clean the sidewalks, and they store the snow in a reasonably close place." Councilmember Bean asked how they clear the snow with blowers or by plowing? City Council Meeting, March 15,2001 - Page 9 Mayor Ard talked with a representative from All American Yards recently. They worked out some things for coming years. He explained to them there is an ordinance that says they can't push the snow into the street and into the gutters. Also, he told them, if it builds up and has to be moved, the City would work with them to help do it. We have had trouble because All American pushed it out and pushed it into the gutters. The gutters were packed so they wouldn't work. There is an understanding with All American Yards. They will change the way they do a little and the City will adjust too. We talked about putting some snow in the center of the cul-de-sac. We will work together to try to fix the problem. Until the Stonehaven divisions came in, the City only had a few cul-de-sacs. It hasn't been a problem until this year. Hopefully we have come to a better understanding. Joe Filutze asked if he understood correctly that they will be able to store some snow in the road and when it becomes unbearable it can be moved. Couincilmember Bean stated he was not sure that he is willing to commit the City to haul the snow out of the cul-de-sac. The City may be able to help, but that problem will have to be dealt with. Joe called the Mayor Wednesday evening and spoke with him. The following day he noticed the City was cleaning snow in the single residential area behind his house. Not once all year did he see a snowplow in the cul-de-sac. Not one time. Joe contacted All American. He told them to try to keep the snow away from the gutters because the ice forms and there is no drainage. Joe has seen a pickup with a blade do the main roads. He has seen them plow Judy Street, Stonegate, Stonehaven, and so on. He can honestly say that not once has he seen anyone plow the cul-de-sac. Council member Bean said let's talk about what we are going to do in the future. He has a real philosophical difference in taking snow off private property and pushing it into the street. All American was told not to do it. Why are we talking about stacking it in the middle of the cul-de-sacs? They were told if they were going to push the snow in the street that they would have to haul the pile away. They would be allowed to pile it until it could be hauled away. All American Yards is not contracted to do the whole complete complex. If a home in the cul-de-sac does not contract with All American for service, that home is not done. So a resident suffers if the City does not do the street in front of that home. There were times when All American would come in and push the snow to the side of the road and then clean the cul-de-sac fairly well. When it snowed again, we were getting piles of snow and we never did see anyone from the City come. I have seen the City plow on some of the major areas like Judy Street and Stonegate. We have had problems with that. I am wondering about it because our whole subdivision is not contracted with All American Yards. I think there is some misconception because they are just doing my home if I want them to. If they are putting the snow out in the street City Council Meeting, March 15,2001 - Page 10 where they are not supposed to then they have to remove my snow to somewhere else if I'm paying for that service. I think that some of the misconception is, for example on Judy, Stonehaven, and Stonegate, the City truck went right by and put the ribbon of snow across the entrance of our cul-de-sac. I have had to drive over the bump to get out. Why didn't they come in the cul-de-sac? I don't know. They never did in my cul-de-sac. I watched for it to see what happened. When I went down the major roads, every cul-de-sac had that ribbon of snow in front. Who would do that? All American would not do that. That is the City's problem. My cul-de-sac is a City dedicated street and I am not getting your service. As a result there is damage, other problems, and liability that I guess we could go back to the City for. This is because there is a misconception and it is wrong. (Joe Filutze) This is what occurred in our cul-de-sac. I can honestly say, and I take the oath on it. I never saw a City plow in that cul-de-sac. In fact the only place they plowed was where our mailboxes are and they left a pile of snow. I think there are several people in here that will bear out that I'm the person who shoveled it out so the elderly women could get to their mailboxes. That is not the issue. The issue is that the cul-de-sac was not plowed out. As a result of that I asked All American to take some of it away so we did not have to drive through a foot and a half of snow. They piled that on top of the parkways and some rolled on to the sidewalks and some rolled into the gutters. The only thing I can say in, all fairness, if the City would allow us to put snow at the end of our cul-de-sac, I would personally call the City and say it is time to haul it away. It may be twice a year and maybe not any. It depends on the snowfall. There are sixty-four participants in the snow removal. I've been in other associations, and I'm pretty experienced at this. If you accumulate the snow in the road, it keeps your gutters fairly cleaned out. I have a snow blower. I have not had a problem taking my snow blower out each time it snowed and taking one pass around the cul-de-sac so it would minimize. I actually chipped ice out of the gutters and it took me about six hours for ice four inches thick. This year has been a hard year. We would get a skiff of snow, then it was tromped, and it became ice. Ice is hard to handle. (Joe Filutze) I did not come here to offend David. I came here to present a problem to you. If he took it offensively, I apologize. I am sorry. Council member Bean suggested explaining to the residents what the City policy is in terms of plowing snow. It bothered me when the roads were not plowed with an inch of snow until it was explained to me that you could not plow with an inch of snow. What is our policy relative to when we plow because we do not plow every time that it snows? City Council Meeting, March 15, 2001 - Page 11 Joe Filutze said his daughter got stuck with a four-wheel drive in the cul-de-sac. Mayor Ard said his daughter lives in one of the cul-de-sacs and he understands the cul-de-sacs were a mess. Part of the problem it got tromped and when it gets tromped the blades can't move it. Then it got soft and that's when everyone started to get stuck. Joe Filutze says he stopped one of the City's drivers when he was out there cleaning snow out of the gutters. He did not know his name. When the driver was questioned, he said, "The City doesn't take care of that. You guys hired All American Yards to do that." Some one mislead him. I'm not here to criticize the City or the way you conduct your business. I'm only here suggesting we have a problem, and we are asking for some help. The last and final point is this. We try to keep the cost down for all the people for snow removal. This past year we raised it fifty cents a month to just meet the expenses because when the money comes in the front door it goes right back out the back door. We had very, very little reserve. We only anticipate using that for emergencies. In fact, we don't even use it for operating expenses of any nature. We asked the homeowners and we assessed all of them because some do not participate. We assessed them $10 per year and that covers the cost of mailing, etc. We have been packing flyers around, and it is not very comfortable in the winter. Our association took $500 and the other association took $1125 for snow removal. We are asking the City to reimburse the owners because this represents quite a few elderly who can not afford it. We do not want to go back and tack any kind of fees on them. The $500 and the $1125 were not for plowing the streets. It was for removing the snow. Dennis Earl said he did see David Wadsworth come in to his cul-de-sac once. That was after the townhouse opposite his had called and got upset with the City and spoke with David. He came and he plowed around the big clumps of snow. He made one pass and he was done. That is the only time in the winter that he came in that cul-de- sac. We had snow so deep in those cul-de-sacs that it was level with the sidewalks. It was that deep on the street just because of packing and never any plowing going on. Our purpose in coming here is we have got to have some kind of understanding. When you talk to David, he says "I've only got two units and I'm sorry but the cul-de- sacs are last." This is not acceptable. We have got to come to some kind of understanding. When we go to All American to contract with them, we need to know what Ammon is going to do. Our homeowners pay $75 per year. This is a cheap rate, by all means. Those who participate in snow removal and the lawn maintenance program pay $75 per year for snow removal. There are those who like to get the exercise and still have a snow blower. We need some understanding as to what is going to happen and what we can expect. That is why we are here. Mayor Ard defined the problem, as he understood it. We did not plow enough, but he was unsure of how we should have dealt with the winter conditions. Once it gets to ice, it is hard to deal with. He went over and looked at the area. The cul-de-sacs did City Council Meeting, March 15, 2001 - Page 12 not get enough traffic to create any traffic patterns. They were just a lot of soft slush. A resident commented that was more reason to consider letting them pile the snow in the road. Council member Folsom said it was a problem letting Stonehaven put snow in the road when other constituents can not. There was a discussion about how to plow the cul-de-sacs and the streets. Councilmember Bean stated you do not want to go to the expense of the equipment, the cost to plow snow into the middle of the road, and the cost to pick it up. If you want to see a major increase in taxes, plow everything into the middle of the road. The residents thought that snow removal was an expense already considered in the taxes they pay. The City of Ammon tax levy is lower than City of Idaho Falls. Stonehaven residents believe that other areas of Ammon had better snow removal without paying additional fees. They believed the townhouses were being singled out. Jack Bigelow lives at 3520 Stonehaven, which is a nice straight street. He spent eight to ten hours attacking an eight-foot pile of snow between his house and the house next door. The pile extended out into the street at least three feet beyond the curb. This is not a cul-de-sac problem. The problem, as he sees it, we have two different contracts. One the City has a contract with All American Yards and the homeowners have one. He was advised that the City does not have a contract with All American Yards. Then who plows our streets? The City does. Who pays for it? The citizens pay for it, but they are getting a lousy job. All American Yards plows the snow out into the streets. This is against the law and All American now understands that. There was no drainage. The streets can not physically handle all the snow that is coming off yards. It is not the City's responsibility to clean up the snow in the residents' yards. The City is responsible for the streets. Bigelow continued. The City should be arguing with All American Yards. No one ever went down the gutter with a snowplow. All American Yards does a good job of cleaning out the driveway and the front walk. However, when he backs his car out of the driveway, he has to drive over a hill of snow to get into the street. That is where the problem needs to be attacked. We can talk about the problem until we turn blue, but something has to happen to get the snow out of the gutters. (Joe Filutze) Part of the problem was All American and part was the City. The homeowners are just asking for a little consideration. If it only takes six to ten loads per year to remove the snow that would not hurt anyone. He will leave it up to the judgement of the Mayor and the City Council. Councilmember Bean is opposed to putting the snow in the street unless All American Yards is willing to pick it up and take it away. If you take the number of cul-de-sacs City Council Meeting, March 15, 2001 - Page 13 the City has and we had to do six to ten loads per year for each cul-de-sac, it would take a fortune. I do not believe it is the City's responsibility to haul away your snow. I do not plow my snow out into the street to have the City take it away. I just don't do that. (Joe Filutze) Then would you say, Mr. Bean, it is reasonable if there is three inches or more of snow on the ground the City should plow it? Absolutely. Then I am going to hold you to that. What are they going to do with the snow? They will plow it to the side. Then it is the homeowner's responsibility to remove it? That is not fair. With all due respect, I have to disagree with that statement. But if I may, Mr. Mayor, I'll leave these two invoices with you. Perhaps you will consider reimbursing the homeowners. Judy Young commented on how All American Yards plows. The way they did it, it appears that they did some of the City's job. Mayor Ard agreed the City did not plow enough. Dennis Earl commented that as part of the City's planning to fund for future events, we also need to consider taking care of our current residents. If we do not have adequate snow equipment, then we need to recognize the growth that is occurring in Ammon and do something about it. David Wadsworth specifically indicated he had two units capable of removing the snow. He blamed lack of equipment and manpower for the problem. The homeowners appreciate being at the meeting. They want the City Officials to understand this has been a frustrating time for them. He received one letter from a homeowner when they circulated the announcement that we were coming to the meeting. The letter said we ought to come to the meeting and be fair. I hope that we have been fair, but we are saying we just need some attention given. We need some understanding so that when we contract with All American that we know what they are accountable for and we know what we can look for the City to do. Thank you very much. One lady from Oakhaven reported she goes to work at 5:30 A.M. She is from Wyoming so she knows what snow is. To get out of her driveway through all the snow she had to back clear across the cul-de-sac. There was so much snow and there was no place for it to go. I'm an old lady. I can't get out and shovel it. Another lady who lives on the corner of Stonehaven and Oakhaven said they pushed all the snow up on her corner until it covered the sidewalk. They didn't even bother to plow. Then, when they plowed the cul-de-sac at the other end, it drained right back into her driveway. It just built up and built up. Judy Young helped her. Mr. Mayor, I have heard that you felt the snow removal has been a problem. I have heard a lot of blaming on All American. I have not heard a commitment that it will be done next year. Can I get a commitment? Yes. Call me if it doesn't get done. City Council Meeting, March 15, 2001 - Page 14 We need to be fair and pull together. I've heard comments that there has been lots of calls to the City regarding this problem and other concerns. I think of the number of complaints or concerns the people have used to call. The response has been very poor. We would appreciate it, and it would be good public relations if we could get more of a response than at the end of the season. In the future we need to work for better response. This would build a good relationship. Mayor Ard said those who have called him should have received a good response because he followed up. He has not received many of the calls. Dennis Earl thanked the Mayor and asked for something in writing as to the delineation of responsibilities. They would like something to hold All American to their end of the deal. We look forward to your great service this next winter. Hopefully we will have a mild winter and it is easy on both of us. We do appreciate coming down here in mass tonight and letting you know of our concerns. We appreciate your attention. Thank you! Most of the homeowners are going to leave, but we know you have a parking ordinance coming up. We would like you to consider in that parking ordinance prohibition of parking eighteen wheelers and trailers in a residential area. Ron Folsom reported for the Planning and Zoning Commission. A Preliminary and final Plat for Briarwood Division No. 3 was recommended for approval. This was the second or third time that the Commission had reviewed that division of Briarwood. The Commission agreed to approve the plat as a preliminary and final if the developer made some recommended changes. The changes have been made, but the City of Idaho Falls has not signed the improvement drawings. Changes to the zoning ordinance have been proposed. The Commission plans to hold a public hearing on the revisions in April to consider repeal of the present City Code Title X, to recommend the revisions, and to propose Title X be re-enacted with the revisions. This procedure is according to the recommendation of Attorney Anderson. Following the Planning and Zoning hearing, the City Council should hold a hearing and they can make additional changes at that time. Originally a park was shown for Briarwood on the Comprehensive Plan map, and the developer was approached about the park. During the discussion, it was pointed out that there is a County park just north of the subdivision. It was felt the County Park could count as the Briarwood Park so there isn't two parks within a quarter mile of each other. There was concern that the County Park is not developed and no one is responsible to develop it. Council member Bean reminded that the Council discussed a park for the Briarwood Subdivision and he was of the opinion that we need to continue with our plans. Councilmember Folsom wondered if it would be acceptable to ask the developer to put what he planned for Briarwood into the County Park or another park if a Briarwood park is not developed. Tom Hunsaker stated there might be some confusion about City Council Meeting, March 15, 2001 - Page 15 what the developer is willing to do for a park. He understood that the developer, Jay Johnson, offered to sell land to the City for a park in Briarwood at the same purchase price that he paid for the property from the Lawrence Ricks family. It was an offer Jay Johnson made and the City did not accept or reject the offer. The Council studied the plat and discussed park ideas. The City has a sizeable park planned for Eagle Pointe, which will be big project. The Planning Commission is going to be making recommendations for parks as they approve future development. Council member Bean suggested that, if the Council wanted to approach Jay Johnson about participating in a park, they ask him to set aside an area on the Miller/Hatton property. It is understood Jay has purchased the property for future development. Councilmember Folsom added that we say we do not have money for parks and when we try to figure out a way to get parks, everybody hesitates. Mayor Ard suggested the problem is not the parks, but it is the maintenance after we get them. You can force a developer to donate a park, but if the City can not take care of the park that is a problem. Parks do not generate any revenue. Engineer David Benton provided input on designing and developing parks. Ron Folsom stated the Planning Commission needs support from the Council when they recommend parks. They recommended a park in Briarwood and now the Council is not sure they want one. The Council is not going out to buy land for a park. It was pointed out that the land is not the problem, but it is the cost to develop and to maintain. If the City can not develop and maintain parks, then the Planning Commission needs to change the Comprehensive Plan. Councilmember Folsom strongly supported going to the developers, including Jay Johnson, for funds to help with parks. It is a worthy idea, but we need to be aware Lee Gagner donated the land for a park in Eagle Pointe and another developer probably views it as Lee Gagner's park. Also, Jay Johnson just donated $1000 to the Fire Station and he sodded the landscaped area of the City Building. He has been good to the City. It was recommended that the City go to Arave Construction about a park or funding for a park as he begins to develop the former Anderson Lumber Company property. Discussion continued pro and con regarding parks and developer donations for parks. Engineer David Benton presented a Preliminary and Final Plat for Briarwood Division No.3 for approval. A park for Briarwood is not shown on the Division NO.3 plat. The plat was reviewed. The Planning and Zoning Commission recommended approval. It was understood that we do not have approval from the City of Idaho Falls. Engineer Manwill has looked at the Improvement Drawings, but he does not sign them until after Idaho Falls has signed off on them. Idaho Falls has the drawings for review, but City of Ammon has agreed not to give approval until they are signed by Idaho Falls. Councilmember Bean moved to table action on the Preliminary and Final Plat for Briarwood Division No. 3 until the next City Council meeting and at that point in time, if all of the development drawings have been reviewed and signed off by the City of Idaho Falls, we will discuss for action. Council member Hall seconded the motion. Roll call vote: Bean - Yes; Hall- Yes; Crandall- Yes; Folsom - Yes. The motion City Council Meeting, March 15, 2001 - Page 16 carried unanimously. Engineer Benton asked if there were any other changes that needed to be made to the plat. Engineer Manwill asked at what point does the Council need the City of Idaho Falls approval on the sewer system? Do you need it before the Planning and Zoning Commission approval of the plat? Normally, the developer wants to be pretty well assured that the development is approved and going to happen. Then they go to the expense of putting in all the details. Mayor said that all we have agreed to is that the sewer system will be built to Idaho Falls standards. The Planning and Zoning Commission could approve the plat because it is hard to determine about the standards from the plat. However, City Council should not approve the plat until Idaho Falls has signed the improvement drawings to give their approval. Mayor Ard opened the Public Hearing on the revised Comprehensive Plan and Future Land Use Map for the City of Ammon. Notice of the Hearing was advertised in the Post Register on February 27 and March 6, 2001. A copy of the Plan and the Map has been available in the City Office for public comment. No public comment has been received. No changes were recommended by the City Council, and there was no public present to add input or testimony. Mayor Ard closed the Public Hearing and called for a motion from the Council. Coucilmember Hall moved to approve the Comprehensive Plan and Future Land Use Map for the City of Ammon as written with correction of a few typos. Councilmember Folsom seconded the motion. Roll call vote: Hall - Yes; Folsom - Yes; Crandall - Yes; Bean - Yes. The motion carried unanimously. The Council expressed appreciation to Tom Hunsaker, Ron Folsom, and other members of the Planning and Zoning Commission who have spent considerable hours on the Comprehensive Plan. Mayor Ard asked the Council to read the minutes included with their agenda and to be prepared to approve them at the next meeting. Council member Hall said that he had a few questions regarding the minutes and then he could make a motion. The City has petitioned Progressive Irrigation District for exclusion of six small parcels of land from the irrigation district. Councilmember Bean and David Wadsworth agreed to check out the right-of-way and easement on Rosedale Lane. Benton Engineering is working on the hydraulic analysis study for the City of Ammon. Engineer Manwill, Attorney Anderson and David Benton are drawing up the contract. They have been waiting for Attorney Anderson to return. There have been no new developments on the Post Office for Ammon. Dick Bybee submitted his resignation as a member of the Planning and Zoning Commission. Quality Water has installed the water meter but he has not removed the by-pass as requested. He is not supposed to be using the by- pass. The unresolved items are to be included as unfinished business on the agenda for the next City Council meeting. City Council Meeting, March 15, 2001 - Page 17 Councilmember Hall moved to recommend approval of the minutes of City Council Meetings held November 16, 2000, January 18, February 1, February 15, and March 1,2001. Council member Bean seconded the motion. Roll call vote: Hall- Yes; Bean - Yes; Folsom - Yes; Crandall- Yes. The motion carried unanimously. Council member Bean recommended that we set a goal that the minutes be prepared and available for the City Council members one week after the meeting. He, also, suggested that the minutes be e-mailed to each of them. The next item of business was a discussion on dog licenses, parking, and fire and handicapped lanes. Councilmember Folsom reported that we have had some problems in the past with dog licenses. She suggested that we consider doing an initial mailing. We did not do a newsletter this year. Maybe we could do a reminder that if they have not renewed their dog license that they need to get it done. We could also let them know that we are enforcing the fire and handicapped parking spaces. This would help the public know that we are doing something about the problem. Reminder notices have been mailed the to the residents who had a dog license last year but have not purchased a renewal. When a new resident moved in, the City Office used to send an information packet to them about garbage instructions, licensing, etc. The Mayor recommended that an Ammon Newsletter be mailed to all the residents about the middle of April. Any information the Council deemed pertinent could be included. Spring Clean-Up Day was scheduled for Saturday, May 19. 2001. Council member Bean asked that the annexation of Sand Creek be scheduled on the agenda for discussion, but he had his questions answered before the meeting. Engineer Benton had concerns about Sand Creek, and he brought up a question regarding the issue. What part of Sand Creek does the City of Ammon want to annex? Do they want all of it in Ammon? To the centerline? Or where? Engineer Benton pointed out to the Council the present annexation boundaries of Sand Creek. He wanted information before he met with City of Idaho Falls regarding property that is affected by Sand Creek annexation. Council member Folsom would like to see the entities each annex to the middle of Sand Creek. There was considerable discussion on the advantages and disadvantages regarding annexation of Sand Creek. Council member Bean moved to table action on the Sand Creek issue until the next meeting. The motion died for the lack of a second because the City of Idaho Falls will be considering action affecting the issue before City of Ammon meets again. Engineer Manwill explained that with the recent annexations that have been approved, Ammon has all of Sand Creek from Lincoln Road south to the Ashment property. Also, Ammon has all of Sand Creek from First Street to South Twenty-Fifth Street. If the decision stays in limbo, it will probably go the way Idaho Falls wants to do it. The issue was debated but no action was taken. Council member Crandall opened the discussion as a follow up on the meeting with City Council Meeting, March 15, 2001 - Page 18 Bonneville School District 93 Officials regarding the Owen Street Traffic Study. He opposed putting City money into a road that is not a public road. Council member Bean reminded that the School District is willing to deed the roadway to the City. Crandall further stated the City does not want just a roadway. The proposal would benefit residents of Idaho Falls more than residents of Ammon. The City has brought the road up to the School District property and what the School District does with it is their problem. We were willing to pay for Owen Street to go through to Derrald Avenue. That would have had benefit for residents of Ammon. They would have had an access to Hitt Road. Don't our citizens benefit from the proposal by the reduced hazards on Owen Street? Mayor Ard has thought a lot about it since the meeting, and he has some "heart burn" with it. He does not have an extreme problem if we put a bid out and it comes in so we have some money left from the money set aside for the Owen Street improvements. However, he does not think we need to pay for curbs, gutters, and sidewalks. He is willing to help a little for paving in order to make it work. Council member Crandall does not want to fight with the School District. When the jurisdictions overlap the way they do, he thinks the City could be open to a lawsuit if somebody wanted to step in and say you have used our tax money to benefit somebody else. The only benefit is reduced traffic. Council member Folsom expressed concern about no sidewalks and students walking through the area. Mayor Ard said we have sidewalks and we have subsidized things to get them to the school property down Derrald Avenue through Ricks farm. Council member Crandall visited the site and he could not determine what the school really wants to do. The school line goes clear up to the fence, but they do not want to pave up to the fence. They do plan to put it in the bid proposal as an option. The parking lot comes up to the fence where Derrald Avenue ends. If they put the parking lot in, the school is hooked on. The school does not want to put the parking lot in now, but they want the City to put a road in. Council member Crandall is for putting City money where it benefits Ammon. There was considerable discussion and each of the Council expressed their opinions. Council member Hall has had concerns all along about putting City money in school property. We maybe able to help some with hooking up to Derrald Avenue because the school needs that if they are going to close the Hillcrest entrance off Owen Street. Council member Folsom stated, if the City doesn't do something, we will be faced with strong public opinion. City Council Meeting, March 15, 2001 - Page 19 Both Council member Crandall and Council member Hall were of the opinion that the problem is the school's responsibility. They created the problem when they built the two schools together. The project was not engineered properly. The barrier across Derrald Avenue needs to come down. Councilmember Hall is definitely opposed to the City participating in the proposed Rawson Street extension. Funds are limited but the project does not need to fall apart if we do not have paving or sidewalks. A gravel road can provide access until funds are available. Councilmember Bean cautioned the City to be up front with the school. We should not give the impression we will do something and then back down. We need to work together to get the best price. Attorney Anderson advised we could justify using City funds for a connecting road from Derrald Avenue with an easement or a road dedication. The City has other street projects that need attention. We should be planning for East 1 ih Street between Ammon Road and Crowley Road. The Sunnyside Road project will benefit everyone, but we are looking at increased costs. Ammon's share of participation could increase $300,000 if the federal aid is dropped. Also, there will be an additional cost to Ammon for the extra widening of Sunnyside by the school access. We need to plan carefully and to use our money wisely. Council member Bean, Engineer Manwill, and Public Works Director Wadsworth plan to drive around the City and assess our street needs. The School District needs to be realistic that we both have to set priorities. The priority for City of Ammon is Owen Street. The priority for the school is the whole package. If there is only so much money, the project can work even though it may not be as dressed-up as everyone likes. Sunnyside Road and Owen Street should precede any monies being considered for the school property. We need to wait and see on the road into the parking lot. The City has accomplished what we wanted. We needed to eliminate the traffic on Owen Street. By shutting down the Owen Street access to Hillcrest that will ease the problem and accomplish what we were trying to do. We can open the access to Derrald Avenue even if we have to haul a little gravel. Councilmember Bean does not have a problem with what the Council is recommending. It is wise. He wants to make sure we do not leave the School District with the impression that we are going to do something we can not. The City is willing to work with the School District. No funds were committed at the meeting. It is hoped to benefit with synergy. Councilmember Hall moved to go ahead and do Owen Street this summer as we have indicated and that we indicate to the School District that we will give them access, probably unpaved, on to Derrald Avenue at the time that they close off their access from Owen Street into Hillcrest. Council member Crandall seconded the motion. Roll call vote: Hall- Yes; Crandall- Yes; Bean - Yes; Folsom - No. The motion carried. City Council Meeting, March 15, 2001 - Page 20 Reports: Chief Clarence Nelson reported for the Fire Department. He brought the Valley Mutual Aid Agreement from DOE for Attorney Anderson to review. This is a continuation of the agreement we have had previously. City of Idaho Falls is not part of the agreement. They have their own agreement with DOE. The police training is going okay. There is still a leak at the Fire Station. An incident report was circulated. Council member Hall asked about the four false alarms on East 25th Street. They were alarm tests. It was questioned if we charge a fine for false alarms. A false alarm has to be an intentional act. The Council may want to consider a fine for a false alarm. Councilmember Folsom read from City Code that a willful false alarm is a misdemeanor. It was agreed to talk more about false alarms at the next meeting. The grant applied for from Department of Lands is on hold for thirty days, but it looks promising. David Wadsworth reported for Public Works. The crew has been busy patching potholes. He asked to spend money for a twelve-inch bucket for the backhoe at a cost of approximately $700. This should be a good investment to use at the park. Councilmember Bean asked where we are at with getting a sprinkling system laid out at the park in Eagle Pointe, and about the potential walking path. We need to be up and running by mid-summer. A better map of the park in Eagle Pointe is needed. Also, we may need some additional dirt to cover the rock area. David Wadsworth will probably layout the sprinkler system. Councilmember Folsom reported on the police car. The City applied for a water permit for the Quail Ridge well. We needed to make the application, but the developer will reimburse us for the cost. Engineer Manwill had a discussion with the Eastern Idaho Railroad. It appears that when the City of Ammon wants a railroad crossing on John Adams that we will be able to get it. We would apply to the state when needed and a crossing should be available. In all likelihood it would have to be signalized. Regarding Sunnyside Road, the Commissioners feel that it was split into two projects, the Yellowstone/Ammon portion of it. They intend to keep it as two projects. If both end up being locally funded, we will fund them as two projects. We will build the one that is currently planned to be locally funded, which is from Holmes Avenue to Ammon Road, first. Then we will build the other one later if it has to be built with local funds instead of federal aid funds. If the federal funding is pulled, the phases should still stay on schedule. Councilmember Bean understood that the County originally planned on widening Hitt Road from U. S. Highway 20 all the way in to the Mall in Ammon. It is now understood that the County has shifted it's emphasis to come up St. Leon Road, up City Council Meeting, March 15, 2001 - Page 21 Lincoln Road, and then Up Hitt Road. Engineer Manwill reported the Commissioners' priorities include doing Hitt Road in three phases from the north city limits of Idaho Falls at the substation, then take it up to Highway 26, then they would drop back to do Lincoln Road and Woodruff. At that point, they would re-evaluate the traffic because the two interchanges would have been in for at least a year. At that time, they would make a decision to continue on up Hitt Road or to do 81. Leon out to the interchange. The City would like to support Hitt Road in preference to 81. Leon Road. The Mayor asked the City Clerk to write a letter to the Commissioners in support of Hitt Road. There is a High Country RC&D meeting in Rexburg on Thursday, March 22. The Fire Department may be interested because information on grant funds will be available. Claims were approved. Councilmember Crandall moved to adjourn the meeting, and the Council member Hall seconded the motion. The meeting was adjourned at 11 :00 P.M. Mayor Attest: City Clerk