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Council Minutes 03/01/2001 CITY OF AMMON March 1,2001 Minutes of the Regular Meeting of the Mayor and City Council: The meeting was called to order by Mayor C. Bruce Ard at 7:30 P.M. in the City Building, 2135 South Ammon Road, Ammon, Idaho, with the following City Officials present: Mayor C. Bruce Ard Councilmember W. Lee Bean Councilmember Leslie Folsom Councilmember Ira K. Hall Attorney Brian Tucker Engineer Bill Manwill Public Works Director David Wadsworth Fire Chief Clarence Nelson City Clerk Aleen C. Jensen Deputy Clerk Connie R. Guymon Others Present: Paul Roth, 2800 Ross Avenue, Ammon Tom Hunsaker, 2925 Carolyn Lane, Ammon Mike Jones, Quality Water Trina and Jordan Kauer DeRay and Carol Perry, 3163 Tipperary, Idaho Falls Alan Cunningham, Mountain River Engineering Cindy Donovan, 3725 East Sunnyside Road, Ammon Sgt. Greg Black Ben Patterson, 3110 Molen Street, Ammon Absent: Councilmember Harvey Crandall Attorney W. Joe Anderson Councilmember Folsom led the Pledge of Allegiance to the Flag, and Councilmember Hall offered a prayer. Alan Cunningham of Mountain River Engineering explained the developers are bringing a waterline up to Quail Ridge and through The Cottages. They have done some test holes, and for approximately 1000 to 1200 feet along 21st Street they have encountered rock. It is about four (4) feet deep and the shallowest is about 3 % feet deep. It fluctuates from 3 % feet to 6 feet deep. The areas were pointed out on the plat. They are wondering if they could eliminate the rock area to avoid extra cost. They proposed to bring the twelve (12) inch line to the south, then over, and then back up to 21s Street. This would loop the line. If they did this, they wondered if the City would still pay for the twelve (12) inch oversize line. Councilmember Folsom was concerned that such a change would not serve both sides of 21st Street. She was assured that City Council Meeting, March 1,2001 - Page 2 there would still be two places where the north side could hook on. It would be costly to blast through the rock. The Council discussed the proposal. It would affect pressure a little, but Engineer Manwill stated he doubted that you would be able to measure the amount it would drop. There would be a little loss in the pipe, but it is a small amount compared to the other way. The City likes loops, and they do not like dead ends. Councilmember Hall moved to agree to the loop in the waterline to avoid the rock on 21st Street but the oversize participation by the City would only be the equivalent of had they gone down 21st Street directly. Councilmember Bean seconded the motion. Roll call vote: Hall- Yes; Bean - Yes; Folsom - Yes. The motion carried. The improvement drawings for The Cottages have been approved by the City of Idaho Falls. We do not have the study on the water system. Engineer Manwill talked with Engineer Benton about it. They are waiting for Attorney Anderson to return to complete contracts. However, they are proceeding on the study even though we do not have the contract. The 12" oversize may change because the study is not complete. This information is noted on the drawings. Paul Roth has been operating a concession stand, Idaho Fire and Ice Snacks, at the swimming pool for five years. He wants to sell the stand to DeRay and Carol Perry. One of the conditions of buying the stand is the Perrys want assurance from the City that they can put the trailer back where it has been and can operate the business. De Ray Perry told the Council a little information about the Perry family. He presented a similar proposal of operation as Roths have operated with. The menu is much the same. They will observe the rules of the City. It is understood Paul Roth has had exclusive rights at the park except when there are big ball tournaments, etc. He offered to pay $600.00 per year. Councilmember Bean moved to accept the proposal from DeRay and Carol Perry to run a concession stand as proposed at the Ammon swimming pool. Councilmember Folsom seconded the motion. Roll call vote: Bean _ Yes; Folsom - Yes; Hall-Yes. The motion carried. De Ray Perry plans to carry liability insurance, and he will furnish the City with a copy of his policy. Mike Jones, Quality Water, explained that since January he has been working with Public Works Director David Wadsworth on metering the water usage for his business. He thought they had agreed on placement of the meter and how he was to be billed. Today he received a bill, and it was different than he and David had agreed, apparently, due to policy changes. Mike explained how he originally thought he was to be billed for water and how he interpreted the way he is now being billed. He believed that he was receiving a double billing. Councilmember Folsom tried to clarify the misunderstanding on the billing. He is to be billed a flat rate of $37.65 per month for water plus, if the meter shows a use of more than 31115 gallons, he will be billed for the excess over the minimum usage at $1.21 per 1000 gallons. After discussion he understood and somewhat accepted the water charge. However, it was pointed out that there would also be a sewer charge of $37.65 per month. Every City Council Meeting, March 1, 2001 - Page 3 business which occupies a building of over 1500 square feet pays a monthly sewer charge of $37.65. Businesses under 1500 square feet pay $19.50 based on commercial usage throughout the City. This provoked more discussion. Mike Jones stated he did not agree with the sewer charge, and it is totally out of line. He has two or three employees and they may have three or four flushes a day. There is only one sewer line into the building and the four businesses together are being charged about $160.00 per month for the sewer in addition to water and garbage. Mike wondered how come he got picked out of a group of commercial businesses to be metered. His business establishment uses less water and sewer than an average home and the bill is double. Councilmember Bean stated Mike Jones was not the first to question the rate. He recommended that the City Council review the rates for small business establishments. David Wadsworth asked Jones to take the bypass off the meter. Attorney Brian Tucker introduced Ordinance No. 286 by title, AN ORDINANCE TO AMEND THE ZONING CLASSIFICATION AND THE ZONING MAP FOR CERTAIN LANDS LOCATED WITHIN THE CITY OF AMMON; PARTICULARLY DESCRIBING SAID LANDS AND DECLARING THE CLASSIFICATION OF ZONING FOR EACH SUCH PARCEL OF LAND; PROVIDING FOR AN EFFECTIVE DATE. (Portion of Lot 1, Block 1, Hiller Addition) Ordinance No. 286 was read in full. Regarding Ordinance No. 286, Councilmember Folsom 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. Councilmember Bean seconded the motion. Roll call vote: Folsom - Yes; Bean - Yes; Hall- Yes. The motion carried. Councilmember Folsom read Ordinance No. 286 by title and moved the adoption of Ordinance No. 286 as an ordinance of the City of Ammon on its third and final reading. Councilmember Hall seconded the motion. Roll call vote: Folsom - Yes; Hall - Yes; Bean - Yes. The motion carried. The City of Ammon has received $8,989.65 PERSI Gain Sharing Credit. This amount is determined based on our employer contributions for the previous fiscal year compared to the contributions by all other PERSI employers. The Council agreed to utilize the savings as a credit against future employer contributions. Councilmember Folsom moved to take the PERSI Gain Sharing in the amount of $8,989.65 and use the credit up against employer contributions for the future year. Councilmember Bean seconded the motion. Roll call vote: Folsom - Yes; Bean - Yes; Hall - Yes. The motion carried. Councilmember Folsom reported they have made a couple of changes to the draft of the Cellular Communication Tower Ordinance. Tom Hunsaker is rewriting the ordinance. The Council would like to delay action to allow Attorney Anderson time to read the proposed ordinance. Councilmember Folsom moved to extend the moratorium on cellular communication towers to April 30, 2001, or until the time the ordinance is passed. Councilmember Bean seconded the motion. Roll call vote: City Council Meeting, March 1,2001 - Page 4 Folsom - Yes; Bean - Yes; Hall - Yes. The motion carried. The Council was of the understanding that an advertised public hearing would be required on the cellular communication tower ordinance. Unfinished Business: Councilmember Folsom is rewriting the parking ordinance. The Council was in agreement the City should file for exclusion of water rights from Progressive Irrigation District. Councilmember Bean is working with City of Idaho Falls Public Works Director Chad Stanger to complete the signing of the Memorandums of Understanding. Paul Roth, 2800 Ross Avenue, pointed out an unsafe parking situation on Ross Avenue north of Sunnyside. People ignore the parking signs. As he has driven by, he notices someone parks too close to the stop sign and it is a dangerous situation. It puts people out farther into the center of the road to get around the parked car. The no parking areas need to be painted. Ben Patterson, 3110 Molen Street, asked if Rosedale Lane is considered as a street or an alley. He is concerned about the setback for a fence. Rosedale Lane has a five (5) feet sidewalk easement and it has been accepted as a dedicated street. Ben believes one of the property owner's fence violates City regulations. Councilmember Bean agreed to work with Public Works Director Wadsworth to check out the fence. Reports: Sgt. Greg Black reported the Bonneville County Sheriff's Department is enjoying the training room in the Fire Station. Council member Bean remarked that it is good to have the law enforcement presence in Ammon. Chief Clarence Nelson reported for the Fire Department. The training room is being well used, and it is great. Councilmember Folsom and Chief Nelson have been thinking about the Sheriffs offer to give the Fire Department a car they are taking off the line. It is an asset to the City if the abuse is controlled. Chief Nelson explained how the car would be used to benefit the City. The expense should be minimal. There would be gas and insurance. The department has an offer for a free paint job. Councilmember Bean recommended that if the Department wants to try it, and it is in their budget, to go ahead and let them work with it. However, it has to work within their budget. The Department was counseled to make it work. Councilmember Folsom reported the fine money from the Magistrate Court has increased. The increase is appreciated. Engineer Manwill and Mayor Ard discussed the report meeting on the Sunnyside Road project and the City-County Meeting. During the year 2000 Idaho Falls issued permits for 186 single-family dwellings, Bonneville County issued 178, and the City of Ammon issued 174. The three were almost equal. The assessed valuation for Ammon was increased $18,000,000. Regarding the Sunnyside project particularly federally funded projects, we are constantly dealing with cost increases and trying to forestall City Council Meeting, March 1,2001 - Page 5 any delays. BMPO will have more information. Engineer Manwill discussed some environmental and right of way problems on the Idaho Falls federal aid portion. Some of the federal funds may be dropped, and the project pushed up to the State Interchange project to try to fill in the gap on the funding. The three entities would then be faced with picking up the portion to be built with federal funds. The whole project is one. Every entity was assigned their proportional share of the total project. This means we would be looking at about 1/3 more cost than originally planned. Since the County has published a summary of the Area of Impact ordinance for the entities involved there was a question about whether or not City of Ammon needs to also publish our individual ordinance. It was agreed to publish City of Ammon Ordinance No. 285 in full. Two of older property owners-in City of Ammon are contesting some of the new zoning regulations. Harold Loveland wants to build a duplex on his property on Romrell Lane that is zoned R-1. He believes he should be able to build there without any zone change because his property was zoned illegally. Adjacent properties are non- conforming uses for the R-1 zone. The Council advised it is up to Harold Loveland to prove a mistake in zoning was made. Another resident, Rex Purcell wants to be able to sell a building lot off his property that will only have 75 feet of frontage. He can apply for a variance, but the P & Z and the Board of Adjustment do not look favorably on such variances. Two damage claims have been filed with the City Office. The Council advised to send them to our insurance carrier. One claim is from Trent Hall for damage to his vehicle from a sewer lid that flipped up. The other is from Robert Marshall for rocks and dirt deposited on his backyard from a waterline break. Mayor Ard received a letter from City of Idaho Falls Mayor Milam regarding the dispatch problem. We are requested to keep them informed and up to date on new annexations. Chief Nelson has received a letter from DOE to advise the Fire Department agreement entered into five years ago is up for renewal. He was asked to have Attorney Anderson review the agreement before any action is taken. Claims were approved. Councilmember Bean moved to adjourn the meeting, and Councilmember Folsom seconded the motion. The meeting was adjourned at 8:50 p.m. Mayor ATTEST City Clerk