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Council Minutes 10/09/2000 CITY OF AMMON October 19, 2000 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 Harvey L. Crandall Council member Leslie Folsom Councilmember Ira K. Hall Attorney Brian Tucker Engineer Bill Manwill Public Works Director David Wadsworth City Clerk Aleen C. Jensen Deputy Clerk Connie Guymon Others Present: Alex Hardy, 3745 Georgia Lane, Ammon Cindy Donovan, 3725 East Sunnyside Road, Ammon Rex, Kristi and Blake Portmann, 1370 Odyssey, Idaho Falls Paul Menser, Post Register Frank O'Leary, NewCom Wireless Jeff Parris, NewCom Wireless Kart Bybee, 390 South Adam Lane, Idaho Falls Garth and Gloria Cunningham Daryl Kofoed, Mountain River Engineering Alan Cunningham, Mountain River Engineering Absent: Attorney W. Joe Anderson Councilmember Bean led the Pledge of Allegiance to the Flag, and Councilmember Hall offered a prayer. The first item of business was the Quail Ridge Development. Garth Cunningham of Mountain River Engineering introduced a discussion to clarify a matter of concern regarding the proposed annexation/development agreement. The agreement has been reviewed with Engineer Manwill and with attorney W. Joe Anderson. Daryl Kofoed wrote the agreement and he explained the intent. "When somebody is willing to put money into your community, you should be grateful that they see something that is worthwhile because they are risking a lot." When development is out away from the city center where utilities are not readily available, it is very scary for a developer. There are some options. As the annexation agreement was written, a clause was written in concerning pay back for connections. If somebody connects to the water or sewer between Quail City Council Meeting, October 19, 2000 - Page 2 Ridge and Crowley Road, the City would collect a fee equal to the cost of putting the line in and pay it back to the developer. It is a policing project for the City, but it is the logical thing to do. The developer and/or the Engineers would provide actual cost figures. These would be analyzed based upon acreage and front footage to come up with a fee. It would not be advisable to try to collect interest. The main concern at this time is the sewer line because the water does not have to come off the hill until sometime in the future. There has been some talk of an oversize line and the City pays for the oversize. If the City has costs, these should be structured into the fee. If someone taps into an existing system that someone else has paid for, he has an obligation to pay. Bookkeeping and changes in administration can cause problems. It was agreed that rules should be established and fees determined upfront. Engineer Manwill pointed out another issue concerning Quail Ridge. The City has the option of oversizing the waterline whenever it is brought down rather than the fact it would be brought down and connected to the system initially. This will be an isolated system that will be turned over and operated by the City of Ammon. The developer will put in the well necessary for this development. The City has the option of putting in a larger one at a later date rather than getting a larger one initially. EPA will not allow an oversize well. The well will be big enough for culinary purposes and fire flow. The good news about the well is it will tell how much water we have which is valuable because it is then a matter of redrilling and recasing for a final well. The developer is looking at a six inch well. The water system will probably need upsizing to supply the land owned by the developer and the land annexed by the City. Discussion followed on the water system plan and needs. Engineer Manwill did not have a problem with the concept of charging and reimbursing on the sewer line. He questioned why this one should be singled out and treated this way when Ammon has rebuilt the rest of the system and we are not doing the same. When there is private money involved, we try to recover it, but if it is public money we let them connect on. The fee should be looked at for the entire City of Ammon. Alan Cunningham of Mountain River Engineering discussed the Development Agreement for the Quail Ridge Division No.4. The agreement is the same as has been approved for other subdivisions. Plans are for a six (6) foot walking path on one side of the road. Cunningham asked if the City had a problem with that plan. There will be thirty-two (32) feet of pavement and fourteen (14) feet between the path and the road. The lots are big. The path does not have any affect on snow plowing. The path will go around the cul-de-sac. The City officials did not see a problem with the walking path on one side of the road. It is a matter of preference with the developer and property owner. The property has been annexed subject to an acceptable development agreement. The engineering firm will complete the details of the agreement. City Council Meeting, October 19, 2000 - Page 3 Council member Crandall moved to approve the minutes of City Council Meeting held August 17, 2000. Councilmember Hall seconded the motion. Roll call vote: Crandall- Yes; Hall - Yes; Bean - Yes; Folsom - Yes. The motion carried unanimously. Unfinished Business: The School District is researching records to determine the responsibility for cost of the waterline across the school property along Sunnyside Road. The Owen Street Traffic Study is not ready. Mayor Ard talked to Jeff Cole about the possibility of working something out with Lennis Terrill. However, it is not too promising. Research will continue on other possibilities. The discussion was reopened on the request of NewCom Wireless for a Conditional Use Permit to allow a communication tower off Eagle Drive adjacent to the U.S. Cellular Tower. Frank O'Leary was spokesman for NewCom. NewCom Wireless is a PCS carrier desiring to construct a communication facility within the city limits of Ammon. They have made a commitment to the community between Idaho Falls and Ammon to locate their regional corporate headquarters here to serve three states. Initially they will employ approximately thirty (30) people with above average paying positions. They are a PCS carrier and not a cellular carrier. There is a significant difference in licensing, in frequency, and application. He asked the City Council to consider for approval their application for the facility at this time. Mr. O'Leary discussed briefly the criteria specified in the national wireless telecommunications siting policy. The local government (1) shall not unreasonably discriminate among providers of functionally equivalent services; (2) shall not prohibit or have the effect of prohibiting the provisions of personal wireless services; (3) shall act on any request for authorization to place, construct or modify personal wireless service facilities within a reasonable period of time after the request is duly filed; (4) shall make any decision to deny in writing and support it by substantial evidence; (5) may not regulate the placement, construction, and modification on the basis of the environmental effects of radio frequency emissions. It was pointed out how this criterion applies to NewCom's application. The City has already allowed a 150 ft tower on the same site. NewCom's tower is 60% of the height and % the diameter. The building and lot are smaller. They do not have a generator. NewCom's facility is less attrusive. FCC says local government can not prohibit. New Com has far less power and their frequency is higher. There is a difference in the licensing and a difference in the process they go through compared to cellular communication. U. S. Cellular has more than double the range. Height is the answer. They have complied with the local rules. At the present time, there is not a 1.9 gh system within the City of Ammon. NewCom began their application process in August. There was no moratorium. The application was submitted in the proper manner, and it was requested that the City act on it without further delay. A denial must be based on substantial evidence. At the hearing there were only three points of evidence that should have been allowed to be presented. Mayor Ard explained evidence can be presented but the City does not have to consider it. The City Council Meeting, October 19, 2000 - Page 4 three points were property values, aesthetics, and co-location. Property sales information was presented to confirm there has not been a decrease in property values. Aesthetically the pole is wood not metal, the antenna is face mounted, and there is no generator. Regarding co-location, NewCom has tried three times to co-locate with U. S. Cellular. All three times were unsuccessful. The only time there was any interest was when U. S. Cellular was forced by Bureau of Land Management to be interested. Then they came up with unreasonable charges. NewCom is willing to stipulate that the co-location terms will be spelled out in their agreement. U. S. Cellular has flatly turned NewCom down, but NewCom has not requested to co-locate on the Ammon facility. Council member Crandall suggested giving U. S. Cellular until next Council meeting to respond on a reasonable lease. Mayor Ard inquired about the testing. Tests have been made at Well No.7 (the old fire station), Teton Storage, and the Ball property off Eagle Drive. The well site would require a 120 foot to 150 foot tower to get the coverage. BearCat is starting to build a tower in the Hitt Road/Lincoln area and they are willing to co-locate. NewCom needs to stay within the coverage pattern they have started. During the public hearing there was considerable input concerning the environmental affects. Government regulations state that environmental issues can not be considered. Representatives of NewCom were emphatically of the opinion that testimony should not have been allowed. Attorney Brian Tucker calmed the situation by adding that the hearing happened two weeks earlier and it cannot be unhappened. The City Officials are aware that their decision cannot consider environmental issues. Frank O'Leary summarized his remarks and appealed to the Council to make a decision without additional delay. Councilmember Bean stated he thought NewCom had approached U. S. Cellular about co-location on the Ammon tower. However, NewCom has based denial by U. S. Cellular on requests to co-locate at other locations. Jeff Parris, NewCom representative and a resident of Ammon, defended NewCom's determination that U. S. Cellular was not willing to co-locate. Mayor Ard contacted U. S. Cellular to determine that NewCom has not approached U. S. Cellular about co-locating on the Ammon tower. The Mayor has essentially told U. S. Cellular that, if they are unreasonable, City of Ammon will relook at their Conditional Use Permit. Frank O'Leary stated that he did not have a problem with a stipulation as part of their request that NewCom formally asks U. S. Cellular for terms and conditions for co- City Council Meeting, October 19, 2000 - Page 5 location on this site and they be given a window to get an answer back to New-Com with a copy supplied to the City. NewCom has not contacted U. S. Cellular about this site because when you go to them three times and twice you get told no and once they were forced to answer because of the BLM regulations and they come back with an unreasonable rent, you do not ask any more. When Mayor Ard talked with U. S. Cellular, he reminded them that co-location was a condition of granting their Conditional Use Permit. Mayor Ard inquired about NewCom adjusting the location of their facility on the Ball property. Landlord Ball likes the location as proposed. NewCom is tucked in on the north of U. S. Cellular. The City would like NewCom to locate on the U. S. Cellular tower. The Council agreed to write a letter to accompany NewCom's request for co-location with U. S. Cellular. Councilmember Folsom pointed out the need for the City to put together some guidelines for wireless communication facilities. She suggested forming a committee to put together an ordinance. A moratorium is worthy of consideration. Frank O'Leary offered to provide input to the City in drafting an ordinance. Councilmember Hall moved to table NewCom's request for a Conditional Use Permit again until the next City Council Meeting on November 2 with the understanding that we will have information from U. S. Cellular about co-location and at that time the Council will make a decision based on the information we have as to what the Council is going to do with their application. Councilmember Folsom seconded the motion. Roll call vote: Hall - Yes; Folsom - Yes; Crandall - Yes; Bean - Yes. The motion carried unanimously. Mayor Ard instructed the City Clerk to write a letter to U. S. Cellular that the City is requesting, as per their Conditional Use Permit, that they give NewCom a reasonable rate, as per industry standards, for co-location on their tower and we would like an answer not later than October 30. There was a discussion on what is a reasonable rate. The industry is expanding rapidly and Councilmember Folsom wanted a moratorium on communication towers to allow time to get an ordinance in place. Tom Hunsaker has been collecting information for the Planning and Zoning Commission, and it was recommended that the Council review it. Councilmember Folsom moved to put a moratorium from this day forward on wireless communication support structures for a period of ninety (90) days, with possible extension, for a committee consisting of Tom Hunsaker, Councilmember Folsom, Cindy Donovan, and a person from the industry to help put together an ordinance and to exclude co-location on towers that are already existing. Councilmember Hall seconded the motion. Roll call vote: Folsom - Yes; Hall - Yes; Bean - Yes; Crandall - Yes. The motion carried unanimously. City Council Meeting, October 19, 2000 - Page 6 Mayor Ard asked the Council to approve a letter of financial commitment to the City of Shelley and the Regional Steering Committee for a Regional Wastewater Facility study. The commitment is for $15,000 with $5,000 to be paid on January 1, 2001, and the balance as needed. Council member Crandall moved to authorize the Mayor to sign a letter of financial commitment for the Regional Wastewater Facility study. Councilmember Folsom seconded the motion. Roll call vote: Crandall - Yes; Folsom - Yes; Hall - Yes; Bean - Yes. The motion carried unanimously. The appointments need to be updated for the Ammon Urban Renewal Board. Mayor Ard recommended that the members now serving be reappointed. The members of the Board do not have a problem with continuing to serve. Council member Hall moved to confirm the recommendation of Mayor Ard to reappoint the following to the Ammon Urban Renewal Board for terms to extend over a five year period: Greg Maeser to expire on January 6, 2001; Kenneth Shepherd to expire on January 6, 2002; Bruce Ard to expire on January 6, 2003; George Watkins III, to expire on January 6, 2004; and Larry Thompson to expire on January 6, 2005. Councilmember Folsom seconded the motion. Roll call vote: Hall - Yes; Folsom - Yes; Bean - Yes; Crandall - Yes. The motion carried unanimously. Mayor Ard reported that Ammon Urban Renewal has started paying off bonds. The forecast for next year is good. Council member Folsom has been working on a resolution to revise the City's rate structure for water, sewer, and garbage services. Some suggestions were prepared for Council members to study. She requested a work session for the Council to work over the details. A work session was scheduled for November 2, 2000, at 5:30 P.M. in the City Building. Councilmember Bean updated the Council on the negotiations with the City of Idaho Falls regarding the sewer agreement and the Area of Impact. Following the last meeting with City of Idaho Falls there were three issues that needed to be resolved. One was annexing in each other's Area of Impact. Chad Stanger thinks he can get the Idaho Falls City Council to agree to this. The second issue was where to annex-the east side of Hitt Road, the west side of Hitt Road, or the middle of the road. It has been tentatively agreed to establish the east side of Hitt Road as the demarcation line of our Area of Impact. There will be an agreement regarding development of Hitt Road. Ammon will develop fourteen and one-half feet, Idaho Falls will develop fourteen and one-half feet, and the developer will be responsible for twenty-two and one-half feet and curb/gutter. The third issue is the sewer issue. City of Idaho Falls is not going to give us the full Area of Impact for our sewer service area. Chad Stanger suggested that we go down Hitt Road to York Road and then go east on York Road over to Ammon Road and then go down and make a square area part of the service area. In addition they will approve all of the current annexations and all previously annexed as part of the service area. Then when we annex an area, we will City Council Meeting, October 19, 2000 - Page 7 go back to the City of Idaho Falls to request an expansion of our service area. They can say no, but it was indicated that it would be fairly routine. This is not a new procedure. It is addressed in our existing sewer agreement. A Council discussion followed on the sewer service area, and it was agreed the area suggested by Chad Stanger would be acceptable. Roger Christensen contacted Councilmember Bean to report that City of lona wants to renegotiate their Area of Impact and make it bigger. lona's and Ammon's Areas of Impact were pointed out. Apparently lona wants to move their boundary one half mile to the north. The Bonneville County Commissioners have some concern. They are wondering if it is really necessary for City of Ammon to go out to Beeches Corner. He said what they have tried to do as they have negotiated with other cities is to consider an area that can reasonably be expected to be expanded into. The Council was asked to give some thought to backing off on the north. The proposed Area of Impact map was studied, and the consensus of the Council was to have lona Road as the boundary. Municipal Tax Consulting and Management headquartered in Columbia, South Carolina, has contacted the City Officials about entering into an agreement with them to recover taxes on fuel paid by the City. In March the firm recovered $5,435.06 for the City of Ammon and the City paid Municipal Tax one-third of the recovery. The Council wanted more information before making another commitment. Previously Attorney Anderson advised that the City should not sign blank recovery forms. No action was taken. Reports: David Wadsworth reported for Public Works. He has investigated the possibility of moving the school zone blinking light on First Street to accommodate the Montessori School. It would necessitate trenching about 350 feet to run the wire to get the power to it. The Council needs to have some cost figures before deciding to move the light. The sprinkler system lines have all been blown out in preparation for winter. They are making plans for snow removal. Councilmember Folsom inquired about the complaint filed by Howard Spaletta against David Gonzales, 2420 South Ammon Road, operating a commercial business in a residential zone. David Wadsworth was of the opinion that Gonzales' operation was more of a hobby than a business. Others believed the Gonzales operation does lean toward commercial. The Gonzales property is zoned RPA. Mr. Spaletta is not an Ammon resident and lives more than a mile away from Gonzales. No action was taken because the Council needs input from adjacent neighbors rather than a non-resident. Councilmember Crandall approved a fire truck water leak repair for Fire Chief Nelson. Mayor Ard advised that the special funds received by the Fire Department must be in the budget before they can spend them. City Council Meeting, Octobe 19,2000 - Page 8 Councilmember Bean asked if Jay Johnson had been billed for a share of the waterline extension on East 17th Street. Mr. Johnson will be billed for the front footage of the Briarwood Addition along East 1 ih Street. There was a discussion regarding the status of the roads in Stonehaven Addition and what needs to be done before the City accepts them for maintenance. Arave Construction is responsible to clean up the weeds on the former Anderson Lumber Company property. Council member Bean applied for a $40,000 grant from CHC Foundation for a park in Eagle Pointe. Engineer Manwill has met two different times with different people of the School District about the Owen Street Traffic Study. It appears that it may be agreeable to not open Owen Street, to close the east access to Hillcrest and to open the west access to Hillcrest. The only thing they are addressing is expanding the cul-de-sac to use it as a bus loading area. There was positive response with the School District. A follow-up has been requested to make the report final. There will not be much change in the approaches on Sunnyside. There will be different traffic, but it will be the same level of traffic. The barriers on the west should be left up until an agreement is reached. The School District wants to wait for the final draft. The School District is also considering opening up Rawson Street to Sand Creek Middle School. On October 25, 2000, at 3:00 P.M. in the Idaho Falls City Building Conference Room the Environment Consultant will review traffic noise information for Sunnyside Road prior to it being presented to the public on November 2. They would like a representative from Ammon to attend. There will be a Ribbon Cutting at the new Montesorri School on Friday, October 27, at 4:30 P. M. Claims were approved. Councilmember Bean moved to adjourn the meeting, and Councilmember Crandall seconded the motion. The meeting was adjourned. Mayor Attest: City Clerk