Council Minutes 10/03/2002
CITY OF AMMON
October 3,2002
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 Karen Y. Anderson
Councilmember W. Lee Bean
Council member Leslie Folsom
Council member Randy G.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
Office Assistant Erika Price
Others Present:
Tom Hunsaker, Planning and Zoning
Ron Folsom, Planning and Zoning
Cindy Donovan, Planning and Zoning
Sgt. Greg Black, Bonneville County Sheriffs Department
Alan Cunningham, Mountain River Engineering
George Sandoval, 4135 Greenwillow, Idaho Falls
Ryan and Dana Kirkham, 2395 South Fieldstone Court, Ammon
Scott Pickett, 2526 South Foothill Road, Idaho Falls
Todd Groberg, 2677 East 1 ih Street, Idaho Falls
Dean Ellis, 3110 Ross Avenue, Ammon
Tricia Workman, 3425 Owen Street, Ammon
AI Reese, 2248 Croft, Idaho Falls
Jesse Sandoval, 3385 Owen Street, Ammon
Daniel Fohrenck, 4662 East 113 North, Idaho Falls
Jason Wood, 6357 South 46th East, Idaho Falls
Holly Simmons, 2580 Stafford Cove, Ammon
Julie Harris, 3125 Springwood Lane, Ammon
530 North Fanning, Apt. #35, Idaho Falls
D. Kurt Zorn, 5127 Brennan Bend, Ammon
Paul and Laree Wadsworth, 2175 Cabellaro Drive, Ammon
Absent: Engineer Bill Manwill
City Council Meeting, October 3,2002 - Page 2
Councilmember Waite led the Pledge of Allegiance to the Flag, and
Council member Bean offered a prayer.
The first item of business was a report by Chairman Tom Hunsaker on the
Planning and Zoning Commission meeting held, Tuesday, October 1, 2002.
The Commission continued their discussion on the request of the City Council to
meet with some of the property owners that we are inviting to annex to the City to
see what type of zoning they would like. It was decided to hold some work
meetings to work out details before making a recommendation to the City Council
on a new RA zone.
There were two public hearings. The first hearing was to consider a request of
Mark Johnson, developer of Cottonwood Hills Estates, to add OL-6 to allow for
keeping of animals. The Commission debated that the density of animals
allowed in the animal ordinance is too high. The final decision was to recommend
approval to add OL-6. Six members voted to recommend approval and three
members voted to deny. The arguments against were that one animal for 7,000
square feet is too dense; today's owner may limit the number of animals, but a
future owner may not; and the ordinance needs to be fixed before any approval is
given. The City Council can accept the recommendation of the Planning and
Zoning Commission or decide to hold a second public hearing.
The second public hearing was to consider a request of Jay Johnson to annex
266.09 acres south of Ross Avenue on the eastside of Ammon Road. A
large portion of the property is in the flood plain. The Commission decided to
unanimously recommend approval of the annexation subject to an acceptable
Annexation Agreement and the developer and the City reaching a decision about
a park. There was public opposition. The concerns were about density since
surrounding properties are larger acreages, impact on the sewer and water
systems, traffic, and whether or not it is a good idea to build in the flood plain.
The LOS Church property is included in the annexation. The developer is
interested in starting development in the south areas, which are basically out of
the flood plain. Council member Bean recommended holding a public hearing
before the City Council because he would like the developer to explain the plans
for the water and sewer. Jay Johnson usually develops property with two homes
per acre. The annexation involves a number of City issues so we need to act
carefully.
There was a discussion regarding whether or not there is time between a
Planning and Zoning meeting on Tuesday and a City Council meeting on the next
Thursday for the City Council to become sufficiently informed in order to act on
the issue. Planning and Zoning is responsible to make a reasonable effort to
City Council Meeting, October 3,2002 - Page 3
report on their recommendations to the City Council. There are times when the
City Council needs to act quickly, and there are times when more deliberation is
needed.
There were several other items of business on the Planning and Zoning
Commission agenda. Ted Petersen owns a home in Ammon, which joins his
cabinet shop on Crowley Road, which is in Bonneville County. Ted wants to
keep his house but sell his cabinet shop. The question was, will the zoning allow
a new owner to continue to operate the cabinet shop? A number of possibilities
were considered. The only one that would probably work is for the new owner to
purchase both the house and the cabinet shop and let one remain part of Ammon
and the other remain in Bonneville County. The County may then be able to
reissue a home occupation permit for the cabinet shop. If the cabinet shop is
annexed to Ammon, it does not meet our requirements to continue as a home
occupation. The Sixth Amended Plat of Ricks Farm Division No. 1 was
recommended for approval. The Commission talked about swales, right-of-
way, corner lot width, and off street parking. The Planning and Zoning
Commission plans to delay their meeting in November until Tuesday, November
12 because of General Election.
Ron Folsom represented Planning and Zoning to discuss the proposed revisions
to the off street parking requirements. It was determined to not address
parking spaces for call centers. If Ammon gets a call center, it will be up to the
City Councilor the Board of Adjustment to decide on the number of parking
spaces. Regarding the addition of one employee parking space for every 1,000
square feet, the Commission voted to not include it. The reason cited was
fairness to the owner of the business and possible fluctuation in the number of
employees. Revisions were proposed to clarify parking spaces required for
apartments with three units or more. This included what constitutes one-half of a
parking space, covered or capable of being covered parking spaces, and
computation of required parking spaces. The Planning and Zoning Commission
checks parking spaces on the site plan. It was determined that there are
significant changes to the proposed off street parking requirements so the
Planning and Zoning Commission should hold another public hearing.
Councilmember Anderson moved to hold a public hearing before the City Council
on the request of Jay Johnson for annexation of the property (266.09 acres)
south of Ross Avenue and East of Ammon Road. Councilmember Folsom
seconded the motion. Roll call vote: Anderson - Yes; Folsom - Yes; Bean -
Yes; Waite - Yes. The motion carried unanimously.
Regarding the request to add an animal overlay (OL-6) on Cottonwood Hills
Estates, the City Council decided to continue the discussion at the next meeting.
City Council Meeting, October 3,2002 - Page 4
The City Council requested that George Sandoval, owner, and Jesse Sandoval,
occupant of 3385 Owen Street, appear at the meeting in response to a
nuisance complaint filed by the neighbors. Mayor Ard opened the meeting for
the Council to question George Sandoval. George and Jesse answered the
questions of the Council to explain about their activities at 3385 Owen Street.
They run Demolition Derbies. So they collect cars and prepare them for a Derby.
The cars are not cars for street use. They handle about seventy-five cars in a
season. There are five cars left on the property at this time. Noise should not
be a problem because they try not to work on the cars later than 10:00 p.m.
They try to keep the yard cleaned up of the vehicle parts, and they are putting up
a six- foot fence. The cars will be parked in the fenced area where they are out
of sight. They sell some of the cars on the side. Junk cars or parts are taken to
the junkyard. The Sandovals take safety precautions. What the Sandovals
described sounded to the Council like a commercial operation. George stated it
is not commercial. It is a hobby.
Jesse buys cars. He fixes some cars for profit and he fixes some cars for friends
and family without charging. No one buried anything in the yard during the week.
They did bring in a backhoe to level unused ditches. All the Demo stuff goes on
a garbage trailer and is taken to the dump. Charlies Auto takes the gas tanks.
Sandovals received a copy of the ordinance regarding nuisances. Jesse lives in
the house, and it does not have termites or ants. The Fire Department prepared
information on their observation of the condition of the property. The house looks
like it is vacant from the front. Jesse uses a side door. A spray gun is used on
the cars. Jesse works on the cars every night after work. George has been
doing Derby cars for nineteen years. The lot on Owen Street is big and it works
for them. Welding is mostly done in the shop next to the house. Sandovals do
not believe anything they do is offensive to all the school kids who attend Ammon
Elementary School across the corner. Jesse said he has not had one cop come
to his house about a noise complaint or anything. None of the neighbors have
come to his house to ask what he is doing. They cars are stock cars. They are
not usable for the purpose they were manufactured for.
Attorney Hall asked about how many cars are sold and if the buyers come to the
location? Jesse sells about five cars a year. When he has a car for sale, he
advertises it in the newspaper. He has sold one car this year. Councilmember
Waite asked Sgt. Black if it is legal to run the cars on the street. It is not. The
cars do not have mufflers. The cars are loud and they can be very noisy, but
they are not run more than five minutes at a time. One of the neighbors
commented on the noise.
The Council was of the opinion that Sandovals are engaged in a business but it
may be a not-for-profit business. They repair cars, they bring stock cars in, they
City Council Meeting, October 3,2002 - Page 5
sell cars, they start the cars and create a noise problem, and they run the cars on
the street. At a minimum they are engaged in a home occupation. Jesse
contended that it is a hobby. Fixing cars and selling cars requires a commercial
location. The junk cars and Derby cars are causing the nuisance.
Council member Folsom moved that the Sandoval operation at 3385 Owen Street
is a public nuisance according to City Code 5-2-13(A) and requested a cease
and desists order. Councilmember Waite seconded the motion. Roll call vote:
Folsom - Yes; Waite - Yes; Bean - Yes; Anderson - Yes. The motion carried
unanimously. Attorney Hall advised that it is up to the City Council to determine
a reasonable time frame to move the vehicles.
530 North Fanning, Apt. #35, Idaho Falls, commented that she
works for Eagle Rock Transport. She drives a group of disabled kids by the
place everyday. Those kids love to see what is going on at 3385 Owen Street.
She runs the Demos. She works on her Demo at Jesse's.
AI Reese, 2248 Croft Street, Idaho Falls, stated he hears the Council using a
number of different complaints to base their decision on one issue. Other issues
are being used to harass Jesse.
The City Council only voted on the nuisance Code section 5-2-13 (A). No one is
against Derby cars and racing in Derbies. What the Sandovals are doing is not
appropriate at the residential location. George and Jesse Sandoval walked out
of the meeting.
Daniel Fohrenck, 4662 East 113 North, Idaho Falls, asked which cars are to be
moved off the lot. The answer was those that follow under the nuisance
description in C.C.5-2-13(A). There are only two wrecked cars on the lot. The
others are operable.
Originally the cars were to be gone by September 15. Sandovals have been
cleaning up. Councilmember Bean made the recommendation to allow thirty (30)
days to move the vehicles off. David Wadsworth said they did not get the
vehicles moved by September 15 because they had two more Demolition
Derbies after that. Councilmember Anderson asked if Councilmember Bean's
recommendation was a motion. If so, she seconded it. Attorney Hall
recommended amending the prior motion, which declared the nuisance
according to C.C. 5-2-13(A) to include the time frame and to cite whether it is just
the vehicles or if it includes other scrap materials.
Council member Folsom moved to amend the motion to allow Sandovals thirty
(30) days to remove from the property at 3385 Owen Street in Ammon the
City Council Meeting, October 3,2002 - Page 6
unsheltered, old, unused, stripped, junked, inoperable or unregistered, and other
automobiles, not in good and safe operating condition, and any other vehicles,
machinery, implements, and/or equipment and personal property of any kind
which is no longer safely useable for the purpose for which it was manufactured.
Councilmember Anderson seconded the motion. Roll call vote: Folsom - Yes;
Anderson - Yes; Bean - Yes; Waite - Yes. The motion carried unanimously.
The Sandovals should be mailed a copy of the motion.
Dana Kirkham lives at 2395 South Fieldstone Court in The Cottages. She gave
the Clerk a memorandum for the Mayor and City Council. Dana asked that the
memorandum be included as part of the written record. Also, she showed
pictures to identify the problems that she has concerns with. She attended City
Council meeting in June and July pertaining to this same issue. At the last
meeting in July the developer said the problems would be remedied in two and
one-half weeks, and the City Council accepted his commitment. It is two and
one-half months later, and the problems still exist.
"I would like the following existing problems in the Cottages Subdivision
addressed and a reasonable resolution found: a) The roads are in serious
disrepair and have been for the last 6 months. This is a safety issue that will only
worsen in the winter months. b) The road connecting division 1 and 2 are only
partially complete. Occupants in the lower half of division 2 have a small strip of
pavement and then makeshift dirt roads out of the subdivision. c) The French
drains provided for wastewater are placed too close to the road and actually
represent a large unmarked hole that a car could easily be driven into especially
when covered with snow. d) The sidewalks being built do not meet the
subdivision ordinance, which requires a minimum of a 5' walkway.
"The city has been negligent in their record keeping and administration of the
subdivision. The current deficiencies in documentation exist: a) The final plats
for division 1 and 2 have been recorded with the county, but no copy exists in the
city offices. b) There is a development agreement in place for division 1, but not
for division 2. No general development agreement exists. However, the
developer has sold lots and constructed homes in division 2 without a legal
agreement. c) The improvement drawings agreed upon in the development
agreement have never been filed. d) There are gross inconsistencies between
the subdivision ordinance, development agreement, and covenants. e) The
development agreement does not spell out who is responsible for the
maintenance of the roads. For example are the homeowners responsible for
maintaining the roads or is the city? f) Last, and most disturbing, there seems to
be no bond, cash deposit, or letter of credit required of the developer to provide
City Council Meeting, October 3, 2002 - Page 7
surety that that the public improvements shall be completed properly and in
accordance with the construction drawing.
"I am requesting the city do the following to try and rectify the situation: a) Direct
the city engineer to survey the current status of the development paying
particular attention to the deficiencies listed above and provide a written report of
what is found. b) Direct the city administrator to review the documentation and
ordinances to determine who is responsible for what with regard to the public
improvements. c) The city then correct the deficiencies in the documentation,
(Le. lack of development agreement for div 2.) required for the subdivision and
that the issues of who is responsible for what is properly documented. d) The
city prepare a work and tasking schedule for the above so that problems outlined
can be addressed in a timely manner. e) The city stop further sale of lots until
the public improvements are repaired and brought to standard."
Dana discovered another problem when she went to the County to check on the
Final Plat. She went over to the Civil Court to pull the records. It seems that
George McDaniel and Brad Pickett are in the middle of a legal dispute. The
Judge has frozen the assets. If lots are sold, they can not use the money until
the dispute is settled or it goes to trial.
Alan Cunningham of Mountain River Engineering reported that the Development
Agreement for The Cottages Division NO.1 has been approved and recorded.
He did not know why the Development Agreement for Division No. 2 has not
been recorded. It is believed that it has been approved. It is a priority to get the
Development Agreement for Division No.2 recorded.
The City does not deal with Protective Covenants. The sidewalks are an
important issue. Alan Cunningham advised the sidewalks in Centennial Ranch
and Eagle Pointe are all four (4) feet on the improvement drawings. He was not
aware that the City ordinance specifies sidewalks of five (5) feet. The developer
has never put in the sidewalks. The walks are the responsibility of the builder
(homeowner). Some Protective Covenants provide specifications for the
sidewalks. Sidewalks of four (4) feet usually work really well. That is not the
issue. The improvement drawings show exactly where the walks go, and the City
of Ammon has approved the improvement drawings.
There was some talk because transformers and junction boxes were put in The
Cottages where the walk would usually go. It was worked out with Engineer
Manwill that there would be some sweeping curves to avoid the expense of
moving transformers. There has not been any confusion about sidewalks on any
other division that Mountain River has done. Dana reported there are sidewalks
City Council Meeting, October 3, 2002 - Page 8
in The Cottages, but some are 5', some are 3'9", some are curved, some are
straight, and they do not fit together. There are no curbs/gutters in The Cottages.
The sidewalks bother Dana because they are not aesthetically very pleasing, but
they are safe. The roads are the biggest issue. The roads are not safe.
The Development Agreement does address walks, but the owners put in their
own walks. The Cottages is a great subdivision. Communications have fallen
with builders and with some of the contractors. Mountain River Engineers tries to
inspect and determine that what is built in right-of-way is built to the standards of
the City. Roads have failed because the trenches were not compacted correctly.
Dana Kirkham kept referring to the Development Agreement. She brought up the
one-year warranty on the roads. The warranty does not start until the City
accepts the roads. George McDaniel and Brad Pickett made their own company
to put in the water and sewer. They did get a different contractor to do the roads.
The surface contractor for the roads is not responsible for the roads breaking
down.
Attorney Hall confirmed that legal action has been taken to freeze the assets.
Typically, on the type of order filed, the Court will hold a hearing in fourteen days
to determine whether or not to make the order permanent during the term of the
litigation.
Council member Bean moved to recommend that the City does not issue any
more building permits in Division No. 2 of The Cottages until we have a firm
development agreement and it has been followed. Council member Folsom
seconded the motion. Councilmember Anderson asked for a clarification of the
motion.
Holly Simmons, 2580 Stafford Cove, lives in Division No. 2 and there is a dirt
road out to the paved cul-de-sac. She asked, is there a time limit in the
development agreement as to when the developer has to get the roads in or do
we extend it forever? There is not a time certain in the development agreement
to complete the roads. On several of the lots McDaniel's wife did not sign off her
portion of her ownership, so some people do not own the whole lot. The
Simmons have not been able to close on their house.
The first motion died. Council member Bean moved to not approve any additional
building permits in either Division No.1 or Division No. 2 of The Cottages until
such time as all development agreements have been approved and recorded and
until such time as the roads have been fully repaired and all roads to lots
currently having building permits are completed. Also, no additional building
City Council Meeting, October 3,2002 - Page 9
permits will be issued until the City and the developers have worked out a
Performance Bond for any future development. Council member Folsom
seconded the motion.
Councilmember Anderson asked for a discussion to clarify the motion. Alan
Cunningham read from the Development Agreement for Division No. 1 of The
Cottages concerning the road requirements. The City Council discussed time
frames for road construction and repair. Attorney Hall explained that he did not
know the extent of the restraining order, but it probably prohibits anyone from
doing anything for the next fifteen (15) days. The discussion emphasized that
roads should be fully repaired and completed in front of those lots on which
building permits have been issued to enable the owners to close on their
purchase. Councilmember Anderson had concerns about not issuing a building
permit to an individual that has just purchased a lot.
Council member Bean asked for his motion to stand and Council member Folsom
stated that she wanted her second to stand. Roll call vote: Bean - Yes; Folsom
- Yes; Waite - Yes; Anderson - No. The motion carried.
Dana Kirkham asked if the developer does not get the roads done because he
does not have the money, where are we? Does he have to sell to another
developer? Are we without roads? Mayor Ard explained that it puts us in a
position that, if the City has to, we can step up to take care of the roads. At this
point, the City is going through the process until we can make sure the developer
is not going to follow through. If the City has to take over, we will lien the
developer.
Public Works Director Wadsworth was asked to work with Engineer Manwill and
Alan Cunningham to survey the road situation in The Cottages and to get an
estimate on the costs. City Administrator Bruce Rose agreed to help get some
good figures to report to the City Council at their next meeting.
Ryan Kirkham asked where they stand regarding the sidewalks. The
development agreement states the sidewalks will be put it, but the City has no
control over who puts them in. Somehow we need to standardize about the
sidewalks. The developer takes care of the improvements with the exception of
the sidewalks. The homeowner needs to find out where the sidewalks go and to
put them in. It was recommended that more information be made available on
construction of sidewalks and roads in new subdivisions. The Planning and
Zoning Commission was asked to look at the subdivision ordinance where it talks
about sidewalks.
City Council Meeting, October 3, 2002 - Page 10
Kurt Zorn, 5127 Brennan Bend, expressed concern about safety. There are
some concerns about safety that need immediate attention. There are huge
potholes in the roads. It is a very unsafe situation for kids on bikes and people
driving in the dark. Immediate positive action is in order.
City Administrator Bruce Rose asked for directions from the City Council about
cost estimates and filling some of the holes with gravel. The instructions were to
act immediately to mitigate any safety concerns the employees see in addition to
obtaining some cost estimates to repair and complete the roads.
Alan Cunningham and David Wadsworth reported on the status of Well No. 9
(Bit 0' Heaven). The ball is in George McDaniel's court at this time. Attorney
Hall suggested that the City send a letter to both George McDaniel and Brad
Pickett to require them to attend the next City Council meeting and to bring with
them a copy of the title commitment, a proposed deed to convey the property to
the City, and a report that they are ready to turn the well over. That will help to
get the City where it needs to be on the well, and it will force George and Brad to
get with their lawyers and to get with the Judge to get something done. It will not
only help on the well, but it will help on the issue of the development problems in
The Cottages. The developers should also be told that if they fail to show up that
the Council will consider passing a resolution to not issue building permits in
Quail Ridge as well as in the Cottages.
The building permits that have been applied for or are in the process should be
issued. Prospective applicants and homeowners should be notified about the
conditions and to be careful. They may not be able to close on their house.
Failure to issue permits is to get leverage to keep things moving.
Councilmember Anderson asked if there was anything the City can do so that
people are warned about conditions before they purchase the lot. The remedies
the Council talked about concern the purchase that has already taken place.
Attorney Hall advised a motion, which says until the following things are done the
City is not going to issue any further building permits. The motion can be
documented, acknowledged, and recorded so when anyone goes in to buy a lot
the motion will come up on his or her title policy.
Council member Anderson moved to document the motion to not issue any
further building permits, to acknowledge it, and to record it. Councilmember
Folsom seconded the motion. Council member Bean asked for discussion. He
was not opposed to the motion, but he is not sure it will accomplish what is
wanted. Most individuals do not ask for a preliminary title report when they
purchase a lot. Many individuals do not understand a title report.
City Council Meeting, October 3, 2002 - Page 11
Attorney Hall said he did not know of any other way to make people aware. The
Council has passed a motion to not issue additional building permits in The
Cottages. It is appropriate to make that public knowledge. It is the City's
intention to protect the people who have already spent money. There was a
discussion on who to notify and how to notify the people.
There are two parts to the notification. The present property owners should be
notified that the Council has passed the motion. The second concern is what do
we do so that the prospective buyers know about the action. The City can simply
record with the County the official motion relating to The Cottages Division No.1
and Division No.2, and it will come up on the title commitment.
Council member Anderson restated the motion. She moved to record our
prohibition of building permits in the public record and in addition to notify all
current lot owners in The Cottages about the action we took. The motion was
discussed. Attorney Hall said all the notice should really be is an introductory
paragraph saying the City Council by motion determined that owners in the
Cottages should be notified of the motion passed by the City Council on October
3,2002. Then add the language of the motion. We should not advise as to the
affect. The people should be given a copy of the motion, and they can decide
what to do. Mayor Ard asked, it we get some action on the problems, how do we
undo what we have done? The City Council passes another motion to undo the
motion. Then the motion to undo should be recorded.
Council member Folsom seconded the motion. There was no further discussion
on the motion. Roll call vote: Anderson - Yes; Folsom -Yes; Waite - Yes; Bean
- Yes. The motion carried unanimously.
The action to be taken was reviewed. A letter is to be sent to the property
owners in The Cottages to notify them of the motion by the City Council. George
McDaniel and Brad Pickett are to be notified by letter that they are required to
appear at City Council meeting on October 17, 2002, with a copy of the title
commitment and the proposed warranty deed for conveyance of the well lot, and
to get the well up, running, and tested. The motion to not issue building permits
in The Cottages is to be recorded. Attorney Hall will review the letters and Mayor
Ard or City Administrator Rose should sign them.
Sgt. Black distributed reports on law enforcement activities for the month of
September.
Fire Chief Clarence Nelson introduced Dean Ellis, the new Fire Chief for the
City of Idaho Falls. Chief Ellis lives at 3110 Ross Avenue in Ammon.
City Council Meeting, October 3, 2002 - Page 12
Reports: David Wadsworth reported for Public Works. There was a waterline
break at 3385 Owen Street. It has been repaired except for a little clean up when
it dries up.
Attorney Scott Hall reported there is a little confusion regarding the lot for Well
No.9 in Bit 0' Heaven. We are unsure if all of the required hearings have been
held. One hearing has been held before the Planning and Zoning Commission.
The City Clerk read an excerpt from the City Council meeting minutes of June 7,
2001, regarding the well. The minutes verify that the Planning and Zoning
Commission held a public hearing. Attorney Hall will prepare an ordinance to
annex the property so it will be ready when everything else is ready to complete
the annexation.
Attorney Hall reviewed the draft on the Regional Wastewater Alternative. He
agrees we need to do it by a Joint Powers Agreement. The one question
concerns whether or not to provide for the City of Shelley to be the Administrator.
That is a decision to be made by the City Council.
Cal Smith gave Attorney Hall a copy of the Fire Department Standard
Operating Procedures for a review. There are only a couple of minor changes.
A letter was addressed to Attorney Hall regarding an individual who was licensed
as a massage therapist in Ammon. The National Certification Board has
revoked their certification of the individual. The City can obtain information on
the ethical violation. No action was recommended because the therapist is no
longer licensed in Ammon.
Alan Cunningham presented the Sixth Amended Plat of Ricks Farm Division
No.1. Alan explained the proposed amendments to the plat. Basically it divides
the property by Sportsman's Warehouse into lots to accommodate future
development. Mountain River Engineering is working on the site plan, and they
will work with Engineer Manwill to assure the plans are in harmony with what the
City wants. T. J. Maxx has plans for a building south of Sportsman's Warehouse.
Council member Folsom moved to approve the Sixth Amended Plat for Ricks
Farm Division No.1. Councilmember Waite seconded the motion. Roll call vote:
Folsom - Yes; Waite - Yes; Bean - Yes; Anderson - Yes. The motion carried
unanimously.
Alan Cunningham agreed with the Council's decision to hold a second public
hearing on Jay Johnson's request for annexation, and he requested it be
advertised for November 7. He asked if the Council would require a second
City Council Meeting, October 3,2002 - Page 13
public hearing on the OL-6 for Cottonwood Hills Estates. The Council wanted
time to discuss OL- 6 but they did not plan to hold another hearing.
Council member Waite reported that he and Public Works Director Wadsworth
have been talking about the swales in Centennial Ranch and Eagle Pointe.
There are some inconsistencies in the maintenance of the swales. The swales
are important to take care of storm drainage. There are problem areas where the
swales are being filled in. The developers have provided the swales, but the
homeowners have acted differently. There was a discussion on what to do about
swales. It was recommended to have Engineer Manwill help with a solution.
Swales should be an item on the next agenda.
Council member Folsom inquired about the interest in fiber optics. City
Administrator Rose explained about the development of fiber optics in Idaho
Falls. It is in the early stage. If City of Ammon is interested in fiber optics, it
would need to done in conjunction with one of the utilities.
Council member Folsom asked if the City has a five-year plan for chip/seal of the
roads in Ammon. She suggested that Hillview Village has not had chip/seal for a
long time and that area needs it. Public Works Director Wadsworth plans to work
up a new chip/seal schedule. The chips have been cleaned up on Midway
Avenue. Centennial Ranch needs to have the chips cleaned up. The City did
not chip/seal in Centennial Ranch, and the clean up is the responsibility of the
contractor.
Parks Director Ken Knoch is planning to put the parks to sleep next week.
Council member Anderson asked for a follow up on the change of routes for
garbage collection when there is a holiday on Monday. City Administrator Rose
addressed the issue. Whatever course we take disrupts somebody, so they
looked at what causes the least amount of disruption for the residents on the
established routes. It was recommended that the Tuesday, Wednesday, and
Thursday schedules remain unchanged. When the holiday falls on Monday, we
would still pick up the Monday route on the Friday before, but we would try for
better communications with the residents. There was no simple way to change.
The City Council has talked about Eagle Scout projects to determine if we
handle them correctly. Councilmember Anderson talked to a District Leader.
Everyone interprets the Eagle requirements differently. It is important to show
some leadership and not just a project that is done over night. The City should
not be labeling anything as an Eagle project. The District Leader suggested that
the City develop a service list. The Scout Officials appreciate it when the City is
City Council Meeting, October 3,2002 - Page 14
able to and will fund a project. However, the Scout is responsible to try to get his
project funded. The Scout's family is not supposed to pay for it.
Bonneville County has three elected Fire Commissioners. They are the only
ones that vote on whether or not the Fire District stays together. Previously the
District contacted Councilmember Anderson about Ammon's interest in working
with them if there was a split. The Council recommended to keep in contact and
to remain open. There was a request for the City of Ammon to come talk with
them again this week. One Commissioner is pretty much in favor of splitting up.
One Commissioner thinks they probably ought to split up. The last
Commissioner is let's see if we can make it work. They have submitted a
proposal to City Idaho Falls. If the contract is not renewed, they are interested in
talking with Ammon about mutual aid. There are lots of issues to be ironed out.
Dispatch is one of the big issues.
When the budget was put together, the Fire Department budget included
enough money for a salary of $300 per month for each of the two appointed fire
officials. The rational behind giving salaries to fire officials is that we direct them
to do specific things. We direct the Fire Marshal to go inspect buildings. We ask
the Fire Chief to organize the department, to come to City Council meeting, and
to occasionally go to other meetings.
Council member Anderson moved to approve salaries of $300 each per month for
the Fire Chief and the Fire Marshal beginning with the October pay period. There
was a discussion regarding benefits. The only benefits payable would include
PERSI and FICA. The amount budgeted would need to cover the expense. This
is not intended to be a salary it is like the elected officials to defray some of the
expenses the fire officials incur because of the position they hold. Following the
discussion Councilmember Folsom seconded the motion. Roll call vote:
Anderson - Yes; Folsom - Yes; Waite - Yes; Bean - Yes. The motion carried
unanimously.
City Administrator Rose discussed a few items. Two sample resolutions were
presented and passed at the ICCTFOA convention in Boise. The cities were
asked to consider supporting these resolutions concerning matters that will be
coming before the Legislature when it convenes. One resolution pertains to
protecting our revenue sharing and one deals with gas tax on Indian
reservations. Basically this is an opportunity for us to join with AIC to promote
legislature beneficial for cities. The City Council expressed a willingness to
support. The resolutions will be prepared for the City Council to act on at the next
meeting.
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City Council Meeting, October 3,2002 - Page 15
Bruce Rose recommended that the City of Ammon join the Greater Idaho Falls
Chamber of Commerce. It costs $85 per year for a municipality. The benefits
are that we get notification of what is going on in the business community, the
Chamber acts favorably on behalf of city issues, and they sponsor ribbon cuttings
and grand openings. Bruce Rose has been asked to serve as the Vice-Chairman
of the Legislative Committee, and he would like to accept the assignment. They
would like officials from Ammon to come and make a presentation to the
Legislative Committee. The Committee meets on Thursdays at 7:00 a.m. The
Chamber is interested in information about what Ammon is all about. Business
After Hours will be on October 17 at the Sol Rio in Ammon. City Officials from
Ammon are specially invited. The Chamber executives would like to have the
Mayor and Council on their e-mail list. Also, they would like a to have Ammon at
the Chamber Forum lunch on one of the Tuesdays at noon at West Coast.
Bruce Rose asked for a work session with the City Officials to help him prioritize
what he should be focusing on. A work session was scheduled for Monday,
October 7 from 4:00 p.m. to 6:00 p.m.
The City Clerk asked for clarification of the amount budgeted for TRPT A. The
amount is $6,000 to be paid in quarterly installments of $1500 with a review by
the City Council each quarter. Also, the City Clerk inquired about obtaining a
copy of the City of Idaho Falls Code. There was a question about transferring
the Liquor License of Texas Roadhouse and she will solve it with the attorney.
Regarding cell phones, there is no reason to change from the program with U.
S. Cellular. Bruce Rose is to evaluate our needs and to work out the agreement.
Councilmember Bean recommended screening issues that come before the
City Council. Claims were approved.
Councilmember Folsom moved to adjourn the Regular Meeting to an Executive
Session to discuss personnel matters. Councilmember Anderson seconded the
motion. Voting was all in favor. The Regular Meeting was adjourned at 12:00
Midnight.
Mayor
Attest
City Clerk