Loading...
Council Minutes 11/07/2002 CITY OF AMMON November 7, 2002 Minutes of the Public Hearing and 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 Karen Y. Anderson Councilmember W. Lee Bean Council member Leslie Folsom Councilmember Randy Waite Attorney Scott Hall City Administrator Bruce Rose Public Works Director David Wadsworth Parks Director Ken Knoch Fire Chief Clarence Nelson City Clerk Aleen C. Jensen City Office Clerk Erika Price Councilmember Waite led the Pledge of Allegiance to the Flag and Councilmember Bean offered a prayer. Grant Review - Ron Folsom: Two grants were applied for from the Department of Lands, and they have been awarded to the City. One grant is for $1,500 for trees in the Eagle Pointe Park. The second grant is $4,000 for Program Development to fund a Forestry Program. This is for a software program to track trees throughout the City and in the parks for maintenance and historical purposes. Plans are to submit a grant application to CHC Foundation in February for swimming pool restroom improvements. Grant funds are available through State Parks and Recreation for walking trails. City of Ammon may be able to qualify with an exercise trail, which is described as a walking path of asphalt with stations added. Another option to be considered is addition of playground equipment to the CHC grant application. Home Occupation Permit - Douglas F. Jenson, 3897 Taylorview Lane: Mr. Jenson has been an independent insurance adjuster for twenty plus years, and he intends to go on his own. He needs transition time, and he plans to set up an office in the basement of his home for approximately one year. There will be very little traffic, if any, to the home. Assignments will be received by telephone, fax, or e-mail from companies all over the nation. Mr.Jenson will go to meet the people in order to accommodate them. There will be no employees. The applicant has signed a statement to comply with the requirements of C.C. 10-7-8. City Council Meeting, November 7,2002 - Page 2 Councilmember Folsom moved to approve the home occupation permit for Douglas F. Jenson, 3897 Taylorview Lane for insurance adjusting. Councilmember Waite seconded the motion. Roll call vote: Folsom - Yes; Waite - Yes; Bean - Yes; Anderson - Yes. The motion carried unanimously. Public Hearing - Request of Jay Johnson to annex 266.09 acres south of Ross Avenue to one half mile south of Township Road on the east side of Ammon Road with an initial zone of R-1 and R-1A: Notice of Hearing was published in the Post Register on October 19 and October 26, 2002. Also, notices were mailed to the property owners within five hundred (500) feet and to other interested parties. Individuals who desired to give testimony were sworn in. Mayor Ard opened the Public Hearing. Alan Cunningham of Mountain River Engineering represented the developer to explain the request and to orient the City Council on the location of the property. Owners of the property are the Johnsons, the LOS Church, and Eastern Idaho Railroad. The LOS Church has requested to be included in the annexation. The railroad right-of-way is abandoned, but it was included in the legal description for the annexation. The developer is trying to acquire the railroad right-of-way south of Township Road. The railroad right-of-way north of Township Road was included in order to clean up the area. The Planning and Zoning Commission considered the request at a public hearing on October 1, 2002, and they recommended approval. Mike Coombs, 2660 North 45th East, Idaho Falls: Mike has rented the abandoned railroad right-of-way north of Township Road for fifteen years and his lease goes for another six years. He would like the railroad ground excluded from the annexation and to be left alone to use the land for his cattle. The right-of-way strip is forty-four (44) feet wide. Johnsons do not have a problem with excluding the railroad right-of-way. The railroad may consider selling their property in the future. Alan Cunningham explained that he understands that once a railroad right-of-way is annexed on both sides that the right-of-way automatically is annexed. Matthew Pincock, 4135 Ross Avenue: He is not against the annexation. He is concerned about extending Ross Avenue another one-half mile south to have it become a thoroughfare. Jay Johnson, 2125 Cabellaro Drive: All the property on the north side of Township Road that is contiguous to Ross Avenue is in the flood plain. On the south side of Township Road the LOS Church property and a small piece of Johnsons property is in the flood plain. The developers can not plan on a quick City Council Meeting, November 7,2002 - Page 3 development in the flood plain. There was a discussion about why buy the property for development if it can not be developed. A number of requests have been received to build homes in this area utilizing bigger lots of one-half to three- quarters of an acre. Johnsons plan to begin development on the south side of the property, which is out of the flood plain. The flood plain map was reviewed in detail. There was a discussion on how annexation would affect the School District. Representatives of School District No. 93 were invited to the meeting, but no one attended. Matthew Pincock added that ground in the flood plain is developable. There was no further public comment. Mayor Ard closed the public hearing and opened the meeting for Council discussion. Tom Hunsaker, Chairman of the Planning and Zoning Commission, was asked to refresh the Council on the recommendation from their hearing. The Commission recommended approval and suggested providing for a park. The most controversial issue was the flood plain. It was debated, but the Commission decided the developer is not going to put money into something that is a money losing proposition. The Comprehensive Plan designates the area as low density residential. Consideration was given to traffic, schools, sewer, water, the need to work with Engineer Manwill, and the benefits for the City. Councilmember Bean added that this is a significant development, and he would like to see the area platted before it is approved for annexation. A preliminary plat should be the minimum requirement. It is important for the City to understand the potential uses, plans for extending the water and sewer lines to provide service, the proposed road layout, and the infrastructure needs. The developer is bound by the ordinance and annexation does not require a preliminary plat. Johnsons submitted their request according to the ordinance and now they are hearing different requirements. Following the hearing before the Planning and Zoning Commission, there was a discussion about development plans and what the City Council would want. The City's concerns about the number of cul-de-sacs were understood. Jay Johnson said they will do what the City asks them to do, but they need to know in advance and not receive changes at City Council meeting. There are significant costs involved in this development. Engineer Manwill expressed his concerns about the flood plain and provided information. Bonneville County is working on a restudy of the flood plain area. The data should be ready to submit to FEMA by spring, but FEMA can choose to act on it when they have funds available. According to the study, the area on the north being considered in the annexation may come out of the flood plain and more of the south area may be included. The developer, representatives of the City and Engineer Manwill need to spend some time to evaluate the zoning and City Council Meeting, November 7,2002 - Page 4 the overall plans. Jay Johnson was willing to let the City Council table the request for annexation mainly because of the flood plain. Councilmember Folsom moved to table the request of Jay Johnson to annex 266.09 acres south from Ross Avenue on the east side of Ammon Road to a future date to allow the developer time to examine more about the flood plain and the other issues brought up. Council member Waite seconded the motion. Roll call vote: Folsom - Yes; Waite - Yes; Bean - Yes; Anderson - Yes. The motion carried unanimously. Minutes: Regarding the minutes of City Council Meeting held October 3, 2002, Councilmember Anderson recommended a correction. On Page 4 it should read "Jesse Sandoval fixes some cars for profit and some for friends and family without charging." Also on the last line of Page 4, "maybe" should be "may be". Council member Anderson moved to approve the minutes of City Council Meeting held October 3, 2002, as corrected. Councilmember Folsom seconded the motion. Roll call vote: Anderson - Yes; Folsom - Yes; Bean - Abstain; Waite - Yes. The motion carried. Well No. 9 (Bit 0' Heaven) and The Cottages: George McDaniel reported on the expected completion date for the new well and the status of the road repairs in The Cottages. The Development Agreement for The Cottages Division No. 2 has been signed, notarized, and recorded. The roads have been repaired. The City Office was instructed to resume issuing building permits in The Cottages. Fire Department: The Fire Department has been experiencing problems with dispatch to fire calls. Council member Anderson explained that Ammon used to be dispatched on the same frequency as Idaho Falls. However, Idaho Falls has switched to a new frequency and Ammon is still on the old TACT frequency. The TACT frequency is not being monitored. Chief Nelson invited Tony Hafla of Teton Communications to City Council meeting to discuss our repeater system and the problems with our pagers. Tony reviewed the history of the dispatch system. The new frequency used by Idaho Falls has a low power radio base. All the growth in the area has contributed to block radio waves. Also, there is radio system clutter and noise pollution. The radio can no longer hear weak signals. The problem is likely to get worse. Our repeater system is an answer to the problem, but we need Idaho Falls to dispatch the calls. A discussion followed on the dispatch system. Bonneville County controls the dispatch center and equipment. City of Idaho Falls provides the employees. Ammon's problem is cost associated. It was determined that we need to negotiate with City of Idaho Falls for fire dispatch. Dispatch for fire calls and dispatch for police protection involve two separate issues. Mayor Ard agreed to initiate negotiations for fire dispatch with Mayor Milam. City Council Meeting, November 7,2002 - Page 5 Law Enforcement Agreement for Fiscal Period October 1, 2002 through September 30, 2003: Prior to entering into the discussion on the Law Enforcement Agreement, Attorney Scott Hall pointed out a potential conflict of interest. Scott does part time civil work with the Bonneville County Prosecutor's office. He can review the agreement and advise the City provided the City waives the conflict. The conflict is with the firm of Anderson, Nelson, Hall, and Smith. It is no different than when W. Joe Anderson acted as City Attorney. It has not been a problem as long as the attorney reviews and advises and the City does the negotiating. The Council waived the conflict of interest. Copies of the proposed Law Enforcement Agreement were distributed to the City Council members. Councilmember Anderson reviewed the agreement and a cover letter from Sheriff Stommel. The agreement is a basic form, which has been used for several years. It reads, " the County has determined that it can provide law enforcement within the City of a higher quality than the City of its own can provide." The cover letter explains the "Agreement includes the partial cost for four (4) law enforcement deputies and the proposal for fine and penalty revenue sharing. The revenue sharing enhancement is included as (1) a method to reduce the increase in the operating cost adjustment for 2002-2003, (2) to assist in the cost of hiring the fourth officer, and (3) to provide the Sheriff's Office a minimal increase in the cost per officer paid by the City of Ammon." Dispatch service is not included in the agreement. "Dispatch service for other incorporated cities in Bonneville County is a 'third party' relationship. While dispatch service is necessary for the Sheriff's Office to adequately serve the City of Ammon, the cost for such service is not the responsibility of the Sheriff's Office." Bud Langerak represented the Sheriff's Office and explained details of the proposed agreement. The Mayor is the Chief Law Enforcement Official for the City of Ammon. There was a discussion on the number officers, contracting for dispatch service, and sharing the fine revenue. Councilmember Anderson moved to accept the Law Enforcement Agreement for the fiscal period October 1, 2002 through September 30, 2003 with the change that the County gives one (1) year written notice instead of ninety (90) days prior to termination of the agreement. Council member Folsom seconded the motion. Roll call vote: Anderson - Yes; Folsom - Yes; Waite - Yes; Bean - Yes. The motion carried unanimously. Reports: Sgt. Greg Black reported on law enforcement activities during the month of October. City Administrator Bruce Rose reported on action items from City Council Meeting, November 7,2002 - Page 6 the City Council meeting held October 17, 2002. Ordinance No. 313 was read by title, AN ORDINANCE PROVIDING FOR THE AMENDMENT OF SECTION 10, CHAPTER 2, TITLE 4 OF THE CODIFIED ORDINANCES OF THE CITY OF AMMON; AMENDING SECTION 10, CHAPTER 2, TITLE 4 TO PROVIDE FOR THE ISSUANCE OF LIQUOR BY THE DRINK AND THE REQUIREMENTS THEREFORE AND THOSE PERSONS NOT QUALIFIED TO OBTAIN LICENSING; PROVIDING FOR THE ORDINANCE OF THE CITY OF AMMON TO CORRESPOND TO THE IDAHO CODE; PROVIDING FOR AN EFFECTIVE DATE. The ordinance was read in full. 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 of Ordinance No. 313 be waived. Councilmember Waite seconded the motion. Roll call vote: Folsom - Yes; Waite - Yes; Bean - Yes; Anderson - Yes. The motion carried unanimously. Council member Folsom moved the adoption of Ordinance No. 313 as an ordinance of the City of Ammon on its third and final reading. Councilmember Waite seconded the motion. Roll call vote: Folsom - Yes; Waite - Yes; Bean - Yes; Anderson - Yes. The motion carried unanimously. Ordinance No. 314 was read 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 (LOT 1 THROUGH 6, BLOCK 1 OF COTTONWOOD HILLS ESTATES, DIVISION NO.1 TO THE CITY OF AMMON, BONNEVILLE COUNTY, STATE OF IDAHO) This ordinance adds OL-6, Keeping of Animals, to the existing RP zone on the property. The ordinance was read in full. Coucilmember 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 of Ordinance No. 314 be waived. Councilmember Waite seconded the motion. Roll call vote: Folsom -Yes; Waite - Yes; Bean - Yes; Anderson - Yes. The motion carried unanimously. Councilmember Folsom moved the adoption of Ordinance No. 314 as an ordinance of the City of Ammon on its third and final reading. Council member Waite seconded the motion. Roll call vote: Folsom - Yes; Waite - Yes; Bean - Yes; Anderson - Yes. The motion carried unanimously. City Council Meeting, November 7,2002 - Page 7 Library: Mayor Ard received a telephone call from Nancy Sims Donahoo, Library Director, regarding holding a town meeting on the Library. He told her that it was not the City Council's place to get in the middle of the Library conflict. We are part of the Bonneville County Library District, and there is a Library Board to represent the citizens. The citizens want free library services. The City Council discussed the City's role and possible options. It was concluded that negotiations should be the responsibility of the Library Board. Spending Authorization: Previously the City Council had determined that until the new fiscal year that no expenditure should exceed $500 without the consent of the full City Council. As long as the expenditure is included in the budget, it is not necessary to require full Council approval. Councilmember Folsom moved to desist with the $500 spending authorization of the full City Council for future expenditures. Councilmember Bean seconded the motion. Roll call vote: Folsom - Yes; Bean - Yes; Waite - Yes; Anderson - Yes. The motion carried unanimously. Street Repairs: There are holes in the streets, which have been left after excavations to install various services. The companies who have made the cuts have been contacted to make the street repairs, but the holes have been left for over a year. Intermountain Gas Company or their contractor is one of the major offenders. City Code 8-5-2 requires an Excavation Permit before cutting in to our streets. Mayor Ard recommended requiring a bond or a deposit in addition to the permit. There was a discussion on the problem. Councilmember Bean stated we have a lot of unfixed holes, and he suggested that we not issue any more permits to Intermountain Gas or KV Inc. until their holes are fixed. He further suggested that the City require a minimum of $250 excavation permit fee for all excavations and to establish a deposit for each cut based on the cost to repair. Our ordinance does not provide for a fee or a deposit but we have a remedy for non-compliance. If a company does not comply, the City has a right to refuse to authorize future permits. City Administrator Rose recommended that the staff come up with a policy and procedure to present to the City Council. Council member Bean moved to suspend any additional excavation permits to KV Inc. until such time as they repair to our satisfaction all the cuts they have made in our streets and that we impose a refundable deposit of one and one-half times the estimated cost per cut for each excavation permit we issue. Councilmember Anderson seconded the motion. Roll call vote: Bean - Yes; Anderson - Yes; Folsom - Yes; Waite - Yes. The motion carried unanimously. Sewer Lift Station Update: Public Works Director Wadsworth reported that City of Idaho Falls employees had provide an idea to eliminate a lift station. Mountain River Engineering did some checking to route the sewer down Wanda Street to Ammon Road, but the idea was not feasible. The Council discussed the problem City Council Meeting, November 7, 2002 - Page 8 and alternate ideas for the Ross Avenue lift station. It was determined that it is necessary to provide a permanent generator for the lift station. City of Idaho Falls has just accepted a bid for a generator, and Ammon can purchase one for the same price on their bid. The price is good for ninety days. The City Council authorized the purchase from Cate-Idaho Equipment Company of a Generator, Ingersoll-Rand Model G40 (Sewer) Trailer Mounted, 37 KVA Prime Output Water Cooled Diesel Engine, Mitsubishi Model S4S-Y1629D, 3.33 Liter, 12 Volt, Hour Meter Automatic Safety Shutdown, unit to include all Standard Equipment with a Warranty Period of 12 Months or accumulation of. The purchase price is $16,480.00 according to Quote #03-010/6491/SEW for the City of Idaho Falls dated October 23, 2002. Improvements in Centennial Ranch Division No. 11: Mountain River Engineering requested that City of Ammon accept the utility installations and the street improvements in Centennial Ranch Division No. 11 for City ownership and maintenance subject to the standard one year warranty of all materials and workmanship. Councilmenber Bean moved to accept the improvements in Centennial Ranch Division No. 11. Councilmember Folsom seconded the motion. Roll call vote: Bean - Yes; Folsom - Yes; Waite - Yes; Anderson - Yes. The motion carried unanimously. City Code Title 2, Chapter 1 - Planning and Zoning: Our ordinance does not confirm to the state law. Councilmember Anderson recommended that we initiate action to make corrections. Areas of correction include (1) Number of Commission members; (2) County residency; (3) No person shall serve more than two consecutive terms; (4) Members to be removed for cause; (5) Appointment of subcommittees or advisory committees. There was objection to limiting the terms of office and removal of members for cause. The City benefits by continuity of Commission members. Councilmember Anderson strongly favored conforming to state law. Council member Bean proposed to table the discussion further on the recommendation and to give it to Planning and Zoning to contact AIC or State Legislator Lee Gagner to make a determination if changes are in order. There was a discussion on the consequences of not following the law. Attorney Hall said we could be challenged on a decision that is made. Councilmember Bean changed his proposal to a motion. Councilmember Folsom seconded the motion. Roll call vote: Bean - Yes; Folsom - Yes; Waite- Yes; Anderson - No. There was a discussion on the motion. The motion carried. City Code Title , Chapter 7: Attorney Hall inquired about changes to the Code to add the appointment of a City Administrator. Also, bonding requirements are discussed in our Code. Our liability insurance coverage with ICRMP includes provisions for bonding without individual bonds. The bonding requirement should be deleted or changed. The Council approved action to correct. City Council Meeting, November 7,2002 - Page 9 Zoning: Regarding the Well No 9 property in Bit O'Heaven, Tom Hunsaker recommended a zone of RP. The Commission would like input from the City Council on the proposed RA Zone and OL-6 before the Planning and Zoning Commission public hearing. Quail Ridge: Alan Cunningham reported the Development Agreement is being revised to include recouping the cost of the well site in addition to the costs calculated for the area the well serves. Information will be provided to the Attorney for review. The developer asked the City to consider sharing a portion of the water connection fees, which are collected by the City with the building permits, until the cost of the new well is reimbursed. There are merits in sharing connection fees because the developer had to put in a bigger well and a bigger pump. The developer has been responsible for the entire cost of the well. The City only agreed to pay for oversize lines. Engineer Manwill said the request is reasonable to expedite payment of the well. The Council requested some figures before making a decision. Law Enforcement: Bud Langerak advised that the deputies from Bonneville County can not enforce County ordinances within the City's incorporated limits without City Council authorization. He asked Ammon to review the fee collection system, especially on citations for false alarms, and take appropriate action. Vouchers were approved for payment. Council member Bean moved to adjourn the meeting, and Councilmember Anderson seconded the motion. The meeting was adjourned at 12:15 a.m. on November 8,2002. Mayor Attest: City Clerk ~^~ ^ TETON ^ COMMUNICATIONS / ' INC. \ \ 1Qtfete44. ~ 545 S. Utah Circle Idaho Falls. ID 83402 Phone (208)522-0750 Fax (208) 525-3400 City of Ammon Clo Clarence Nelson 2135 S. Ammon Road Ammon, ID 83406 January 10, 2003 Dear Clarence, As per your request:, this letter is inteDded to summarize the infOrmation we presented at the City Council meeting the night of November 7, 2002. The City Council asked about the historical use of the Fire Department's radio system. We explained that Ammon Fire Departmeot bad always been dispatched on what is now called the Idaho Falls Fire Depmtment TAC channel Years ago this was the only radio chAnnel the Idaho FaDs Fire Department had. Currently this channel is used for on-scene radio conversations, and is usually not monitored by dispatch personnel Dispatch monitors the newer IFFD repeater channel, where an dispatching ofIdaho Falls Fire traffic takes place. The City Council also asked about the history of Ammon Fire Depadwcnt's new repeater. We covered the filet that as Ammon has grown, paging sent wm the tower at dispatch via the Idaho Falls Fire Department TAC channel have become unreliable. In addition, Ammon Fire Depcu:twetlt's radio coverage bas become unreliable with bandhe1ds, due to the build;ing constroction and increase in the sm, of the City of Ammon. Since installation of the repeater radio to radio coverage for the Ammon Fire Department has improved sigrn~tly. Paging coverage testing bas also shown a significant increase in coverage even thought the "tone out" (pstging) from dispatch bas not yet been switched to the new repeater channel All of the equipment needed to use Ammon Fire Department new repeater is installed and tested at dispatch. It is anticipated that when dispatch starts using the City of Ammon repeater system, all forms of radio coverage difficulties will be cured. I hope this short re-cap provides the information you need. If you have further questions, please don't hesitate to call or stop by. ~ Tooya AIamI-C__l doc