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Council Minutes 09/19/2002 CITY OF AMMON September 19, 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 Council member Karen Y. Anderson Council member W. Lee Bean Councilmember Leslie Folsom Council member Randy Waite Attorney Scott Hall Engineer Bill Manwill Public Works Director David Wadsworth Fire Chief Clarence Nelson Parks Director Ken Knoch City Clerk Aleen C. Jensen Others Present: Sgt. Greg Black, Bonneville County Sheriff's Department Tom Hunsaker, Planning and Zoning Commission Chairman Tyler Thompson, 3025 Wimbledon Circle, Ammon Cory Seele, 2240 Curlew Drive, Ammon Alan Cunningham, Mountain River Engineering Judy Young, 2935 Oakhaven, Ammon Mr. and Mrs. Jon Christensen, 3875 Cantebury Way, Idaho Falls Trish Workman, 3425 Owen Street, Ammon Janell Fullmer, 3400 Owen Street, Ammon Alyce Clegg, 2965 Carolyn Lane, Ammon Mr. and Mrs. Ted Petersen, 4355 lIeen Circle, Ammon Van Bagley, 2790 East 1 ih Street, Ammon Ken Lembrich, 2640 Salmon Street, Ammon Brent Roberts Ron Shields, 2865 Central Avenue, Ammon Council member Folsom led the Pledge of Allegiance to the Flag, and Mayor Ard offered a prayer. Tyler Thompson proposed an Eagle Scout project to paint the inside of the bathroom at Peterson Park. He plans to do his project on Saturday. He estimated that he needs three gallons of white or cream colored paint and one gallon of brown paint. Tyler can supply the necessary equipment, and he asked the City to supply the paint. The project has been coordinated with Parks City Council Meeting, September 19, 2001 - Page 2 Director Ken Knoch. There are sufficient funds in the budget for the project, and it will be good to have it done. Tyler was authorized to go ahead with his project. Cory Seele is working on an Eagle Scout project. There is a walking path behind Target and Albertsons in Ammon Town Center. There are lots of weeds and trash all over. You can barely walk on the path. Cory proposed to cut the weeds and clean up the path on the side where the bridge goes across. The project has needed to be done for sometime. He has the equipment he needs to do the job. The City Council authorized his project and encouraged him to get another Eagle Scout to do the other side. For several years Ted Petersen has been operating a Cabinet Shop at 2340 South 45th East (Crowley Road). Ted wants to sell his business and Jon Christensen wants to purchase it. Currently the property is in Bonneville County. In his desire to purchase the business, Jon has found out from the County that the way it is zoned it is not possible to sell it and a new owner continue to run it as a business. He has been advised that if the property is annexed to Ammon that it would be up to Ammon if it could continue to be used as a Cabinet Shop. This piece of property was considered for annexation with the County Islands, but no action was completed. The property around it is zoned RP, R-1 and agricultural. Ted Petersen owns a house in the City of Ammon, which joins the shop, so Bonneville County has allowed him to operate the business under a "grandfather" clause. Bonneville County is treating the business as a home occupation. The home occupation use can not continue with a new owner. The question is what is the position of the City of Ammon if the property is annexed. The City Council discussed the history of the property and possibilities for annexation with initial zoning. The property is 7/10 of an acre and has two buildings on it. One building houses a cabinet shop of about 1664 square feet and a finish shop of about 1200 square feet. A storage building is approximately 28' x 32'. Probable options are to request annexation with a commercial zone or annexation with a conditional use permit. Annexation and zoning needs to be initiated with the Planning and Zoning Commission and requires public hearing. Jon Christensen was referred to Planning and Zoning. Their next meeting is October 1 at 6:30 p.m. Ken Knoch, Parks Director, advised that in our tree ordinance it is specified that trees, shrubs, etc. are to be trimmed to provide seven (7) feet clearance above sidewalks. He is trying to determine how to handle businesses and residences where there are overhanging trees. The owner can be notified, but there is no time frame or penalty specified. It was recommended that warning letters should be sent to owners to give them not more than thirty (30) days to trim their trees or the City would trim them and bill the owner at a cost 20% higher than the commercial rate. (Previously the City Council concluded that the trees in the public right-of-way are the responsibility of the Street Department. This is City Council Meeting, September 19, 2002 - Page 3 contrary to the ordinance so the Parks Director is working with the tree committee regarding this issue.) Prior to notifying property owners to trim their trees, the tree committee plans to have a public seminar to teach how to prune trees. There is a problem at K-Mart with trees blocking the view of motorists, and it is to be addressed as soon as possible. Judy Young, 2935 Oak Haven, attended City Council Meeting to inquire about the situation with the garbage collection. A couple of weeks ago, when the Labor Day holiday occurred, there was garbage pick-up twice in one week and then it was not picked up again for ten days. It is still a little warm and people left their garbage out. She wondered if the City had come up with a permanent solution to the problem. The policy has been that when a holiday falls on Monday the garbage collection will be delayed until Tuesday. On Monday of Labor Day, the garbage was picked up the Friday before. Public Works Director Wadsworth explained that previously the garbage has been picked up the day after a Monday holiday, but the Tuesday route has become too big to combine the two routes on one day. A Friday route and a Monday route can be handled in one day. The Council discussed the garbage collection schedule. The routes have been split three time this year to try to get garbage collection on an equal day to day basis. Council member Bean recommended that the City Administrator and the Public Works Director work on a schedule that is equitable and that we do not go ten days without collecting garbage. Judy Young expressed a willingness to accept the recommendation, but she asked that once a solution is reached that people are notified adequately. A letter on the mailbox is better notification than a note on the utility bill because people do not pay attention to details on their bill. She also asked for a solution prior to the next Monday holiday in October. Councilmember Anderson moved to approve the minutes of City Council Meeting held August 15, 2002. Councilmember Folsom seconded the motion. Roll call vote: Anderson - Yes; Folsom - Yes; Waite - Yes; Bean - Abstain because he was not present at the meeting. The motion carried. Janell Fullmer, 3400 Owen Street, read a statement concerning the property at 3385 Owen Street. A copy of the statement is attached to these minutes as Exhibit A. At their meeting on August 15, the City Council discussed the problem at 3385 Owen Street. It was decided that the issue should be resolved by September 15 or all parties involved would be brought to a City Council meeting to determine whether or not a public nuisance exists. Trish Workman, Janell Fullmer, and Alyce Clegg reported that they had called the City numerous times to complain about the problem, but the City Office, Public Works, or other responsible parties had not responded satisfactorily. Public Works Director Wadsworth advised Sandovals that they had until September 15 to clean up or the City would initiate the public nuisance process. City Council Meeting, September 19, 2002 - Page 4 It appears that no one has lived in the house for two months, but a questionable commercial operation is going on in a residential neighborhood. It was recommended that the individuals involved should be invited to the next City Council meeting to report that the property has been cleaned up or there is a reason that it has not been cleaned up. Trish Workman, 3425 Owen Street, asked that someone else from the City rather than David Wadsworth deal with the problem because David is related to Sandovals, owners and/or occupants. Trish can not drive by the property without the occupants screaming, calling her names, or threatening her. They have threatened her husband. Her kids will not go out in the yard because they scream at the kids. The property is close to the elementary school, and the problem needs to be resolved. Attorney Scott Hall advised that the City needs to bring in the parties causing the problem and also the owner or owners of record of the property. Sgt. Greg Black advised, if there is screaming, yelling, obscenities, or otherwise disturbing of the peace, that the neighbors should call Bonneville County Sheriffs dispatch. Ron Shields, 2865 Central Avenue, stated he has had it with the problem. His concern is that he has seen lots of children, all different ages, coming and going through there. There are hazardous materials on the property. There are entrapments in the yard that can lacerate, puncture, crush, and kill. The City is doing nothing about it. He wants something done. He presented a "serious heads up as a father." Fire Marshal Bill Brotherson inspected the property and determined a fire hazard does exist. He can also be sent to check for hazardous materials. Attorney Scott Hall summarized the action to be taken. City Administrator Bruce Rose is to be the contact person. However, he will not be available for the next week. Neighbors are to contact the Bonneville County Sheriffs Department regarding obscenities or pornography for citations that can be issued and prosecuted independent of the City Council. Neighbors should call District Seven Health Department about their concern regarding a possible termite or ant infestation. The City is to send written notification to the property owner of 3385 Owen Street and to all known parties involved that there are potential infractions under the ordinance and request that they appear at City Council Meeting on October 3 to provide reasons for cause. The City Clerk was instructed to contact the Bonneville County Assessor's Office to obtain the name of the property owner of record. Attorney Scott Hall agreed to assist the City Clerk in drafting the letter to be sent by certified mail. Van Bagley, 2790 East 17th Street, reported that his house is located on the corner of 17th Street and Curlew Drive. It is going to be difficult for him to access his yard with the new traffic signal. He will not have trouble driving in from 17th Street, but there will be a problem driving out. Engineer Manwill City Council Meeting, September 19, 2002 - Page 5 checked out the situation, and he suggested an exit on Curlew Drive. Engineer Manwill explained the details to the City Council. On the Curlew Drive side the curb cut could be closer to the intersection than usually is allowed without causing too much of a problem. The curb cut on 1 ih Street would still be necessary because Bagley's house and garage face 1 ih Street. The City Council agreed to the Curlew Street curb cut and to help to remove the existing curb, gutter and sidewalk or to help grind it down. Van Bagley was concerned with the expense, and it was suggested he contact the contractor who is replacing the sidewalk, curb, and gutter for the signal light installation about working together to save costs. Sonic Drive In is also concerned about their approach and how it is going to work with the new traffic signal. Sonic is interested in an approach on 1 ih Street. Engineer Manwill advised the manager to work out an agreement with the nursing home to share an approach. It has been determined that video detection will work on the Curlew Street signal system. Sgt. Greg Black reported on law enforcement activities. Speeding on Sunnyside Road and East 1 ih Street was discussed. He has not observed an increase in speed except the 5 o'clock traffic coming home on 1 ih Street. It is always fast. Attorney Scott Hall introduced Ordinance No. 311 ANNUAL APPROPRIATION BILL OF 2003 by title, AN ORDINANCE ENTITLED THE ANNUAL APPROPRIATION ORDINANCE FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2002, APPROPRIATING THE SUM OF $7,685,526.00 TO DEFRAY THE EXPENSE AND LIABILITIES OF THE CITY OF AMMON FOR SAID FISCAL YEAR; AUTHORIZING A LEVY OF A SUFFICIENT TAX UPON THE TAXABLE PROPERTY AND SPECIFYING THE OBJECTS AND PURPOSES FOR WHICH SAID APPROPRIATION IS MADE. 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. 311 be waived. Councilmember Waite seconded the motion. Roll call vote: Folsom - Yes; Waite - Yes; Anderson - Yes; Bean - Yes. The motion carried unanimously. Councilmember Folsom moved the adoption of Ordinance No. 311 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; Anderson - Yes; Bean - Yes. The motion carried unanimously. Attorney Scott Hall introduced Ordinance No. 312 by title, AN ORDINANCE TO AMEND THE ZONING CLASSIFICATION AND THE ZONING MAP FOR City Council Meeting, September 19, 2002 - Page 6 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 (EAGLE POINTE ADDITION). Council member 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. 312 be waived. Councilmember Waite seconded the motion. Roll call vote: Folsom - Yes; Waite - Yes; Anderson - Yes; Bean - Yes. The motion carried unanimously. Council member Folsom moved the adoption of Ordinance No. 312 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; Anderson - Yes; Bean - Yes. The motion carried unanimously. The Idaho Department of Environmental Quality (DEQ) is requiring the City to have a certified backup operator for the water system. Rick Williams has been certified as an operator, but no other city employee is certified. David Wadsworth is working toward certification. Falls Water Company has two certified operators, and they have agreed at no cost to the City of Ammon to be available to provide backup service when needed. Attorney Scott Hall referred to a memorandum from DEQ to outline the requirements, and he prepared a Professional Service Agreement for signatures. Council member Anderson moved to authorize Mayor Ard to execute the Professional Service Agreement between City of Ammon, entity, and Falls Water Company, contractor, for a backup drinking water operator as required by DEQ and United States Environmental Protection Agency (EPA). Councilmember Bean seconded the motion. Roll call vote: Anderson - Yes; Bean - Yes; Folsom - Yes; Waite - Yes. The motion carried unanimously. Alan Cunningham of Mountain River Engineering requested the Mayor to sign the plat for Eagle Pointe Division No.4 and the City Council to approve the Development Agreement. Eagle Pointe Division No. 4 was approved on September 5, 2002, but the plat was not available for signature. Attorney Brian Tucker and Engineer Bill Manwill reviewed the Development Agreement. It is a standard agreement associated with Divisions No.1, No.2, and No.3. Council member Folsom moved to approve the Development Agreement for Eagle Pointe Division No.4. Council member Waite seconded the motion. Roll call vote: Folsom - Yes; Waite - Yes; Bean - Yes; Anderson - Yes. The motion carried unanimously. George McDaniel reported on the new well in Bit 0' Heaven. Utah Power needs to connect the power. Hopefully the well will be on line in two weeks. The City Council Meeting, September 19, 2002 - Page 7 City requested a title policy to insure the well is free and clear of any liens. George has started to get the lien waivers. Annexation of the well site has been on hold until the well is on line and ready to turn over to the City. Reports: Chief Nelson reported for the Fire Department. There was a pump test last week and everything passed. There are thirty-two (32) volunteers in the department. Foam training was conducted recently. Chief Nelson showed pictures to explain the foam training and the pump test to the City Council. More training is planned for Saturday, September 28. There will be a Bar-B-Q at the fire station after the training. Wal-Mart is making a presentation of grant money to the Fire Department on October 25. The Fire Department has funds left in the budget and Chief Nelson requested permission to spend $3000 for clothing. Permission was granted. Public Works Director Wadsworth reported on a problem with the waterline, which is back behind the houses on the corner of Falcon Drive and 1th Street. HK was contacted to see how much money it would cost to move the line. It was estimated at $3000 to $4000 per house. The waterline for four houses goes behind the houses next to the cinder block wall of Ammon Town Center. There is a leak back there. The only way to access the line is through the yards. The two (2) inch line was put in years ago and it probably should have been moved out in front of the houses at the time of Albertsons project. There is a main line in the front. There was a discussion on what to do about the problem and who is responsible. It is not known for sure where the line goes. It feeds the four houses and then it apparently went down under the canal to the old trailer park. Since the exact location of the line is not known, it is better and cheaper to cut off the line and bring the waterline to the front of the four houses. The homeowners have not been contacted. They know that it is time to start replacing waterlines. If the City could bring the line in front to the houses, it would be minimal for the owner to take care of the inside connection. The City's main line is what is leaking. It was recommended that Public Works Director Wadsworth talk to the homeowners. If they do not have a problem, arrangements should be made to move the line. Fire Chief Nelson had lunch with the Fire Chief from the City of Idaho Falls. It was a productive meeting. Also two other members of the City of Idaho Falls Fire Department talked with Chief Nelson. The Ammon volunteers were invited to a training session with Idaho Falls. Council member Folsom reported on attending a Chamber of Commerce legislative meeting. Mayor Milam of Idaho Falls presented a budget review. It was interesting to note that they use reserves to help keep the costs down for water, sewer, and garbage service. City Council Meeting, September 19, 2002 - Page 8 Councilmember Folsom explained about sidewalk repairs to eliminate the liability problem in the front of the City Building. Five legs of concrete need to be removed and replaced. Shane Woolf quoted $855 to do the concrete work. Also, the storm gutter on the City Building has problems. Clarence Nelson of Western Wholesale explained it would be $484.25 to make corrections, add heat tape, and add an extension. Approval was granted for the sidewalk and storm gutter repair in the amount of $1,339.25 from General Government Funds. The City is in the process of adding a third telephone line. Coucilmember Bean inquired about joining the Greater Idaho Falls Chamber of Commerce. The membership fee is $85. The City plans to join. Donn Larsen filed a nuisance complaint regarding excessive watering by his neighbor. There was no information regarding whether or not the problem had been resolved. All complaints need to be addressed. City Administrator Bruce Rose should deal first with the complaint to determine whether it needs to come before the City Council. Councilmember Anderson reported on the District 6 Association of Idaho Cities meeting that she, Bruce Rose, and Mayor Ard attended. Representatives of INEEL gave a report on the status of the INEEL. Other information pertaining to cities was presented. PERSI plans to raise the contribution rate back to where it was. Cities need to publish any change in fees for public information. A public hearing is required when fees are increased 5% or more. The term limit issue will be on the election ballot in November. The question is do you sustain the repeal. State finances were discussed. Revenues from taxes are down. There is concern that the State may look to taking money from cities. Claims were approved. Councilmember Anderson moved to adjourn the meeting to an Executive Session to discuss personnel issues. Council member Bean seconded the motion. Voting was unanimous in favor. The regular meeting was adjourned at 10:15 P.M. Mayor Attest City Clerk