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Council Minutes 08/01/2002 CITY OF AMMON August 15, 2002 Minutes of the Public Hearing and 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 Councilmember W. Lee Bean Council member Leslie Folsom Council member Randy Waite Attorney Scott Hall Engineer Bill Manwill Public Works Director David Wadsworth Fire Marshal Bill Brotherson City Clerk Aleen C. Jensen Others Present: Tom Hunsaker, Planning and Zoning Dick Bybee, Planning and Zoning Alan E. Cunningham, Mountain River Engineering Jake Waddoups, 240 Tiebreaker, Ammon Ryan and Valarie Packer, 3725 Marlene, Ammon Stacy and Craig Steiner, 750 Tennis Court Drive, Ammon Rance Bare, TRPT A Lynn Seymour, TRPT A Russell N. Swensen, 2600 Central Ave., TRPTA Councilmember Folsom led the Pledge of Allegiance to the Flag, and Council member Bean offered a prayer. Craig Steiner, 750 Tennis Court Drive, proposed an Eagle Scout project for Tiebreaker Park. The playground equipment has weeds growing under it and the ground is very hard. When the kids fall, they get hurt. He plans to rototill and dig down six (6) inches. Then he will add a weed barrier and fill in with gravel. He asked the Council to support him in his project. The gravel will cost $420 but he may be able to get donations or a discount from Sunnyside Sand and Gravel. The weed barrier costs about $50 at Ace Hardware. Craig was approved to proceed with his project provided there are sufficient funds in the Parks budget. He was asked to work with Council member Folsom on the funds and with Parks Director Ken Knoch on the other details. City Council Meeting, August 15, 2002 - Page 2 Ryan & Valarie Packer, 3725 Marlene Street, applied for a Non-Commercial Kennel License. Valarie explained their request. They currently have two dogs and Ryan wants to get two hunting dogs (English hounds used for hunting coons, bear, lions, etc.) They wanted to do it the right way so they asked the neighbors. Originally, six neighbors signed the application to approve and one signed in disapproval. Prior to the meeting two of the neighbors came to the City office to change to disapprove the request. The Packers had no idea why the neighbors changed their minds. Each of the neighbors was contacted personally to explain the plans. One asked how the Packers planned to keep the dogs in and to keep them quiet. The plans were to build a somewhat sound proof kennel for the hounds. The other two dogs are kept in the house most of the time. The problem with granting the request was that there must be "consent of 80% of the persons in possession of premises within 150 feet." Without the two neighbors that withdrew their signatures of approval, the Packers do not have 80% consent. The alternative is for the Packers to go back to their neighbors to try to get approval. Attorney Hall questioned why the undeveloped property formally owned by Karfords was not included on the list of property owners required to give their consent. The Karford property should be included. No action was taken. Tom Jensen & Caroline Peterson of Alpine Insurance are the agents on the City's liability policy with Idaho Counties Risk Management Program (ICRMP). Each of the six sections of coverage was reviewed for the Council. Section one deals with Buildings, Structures and Personal Property/Automobile Physical Damage, Flood and Earthquake. The aggregate is $25,000,000 which is shared with the other entities in ICRMP. Next year there is going to be a change in the deductible. There is an across the board change to $500 deductible per claim, as of October 1, 2002, which is the policy renewal date. Section two is Comprehensive General Liability. The aggregate is $6,000,000 per year with $5,000,000 per occurrence. Section three is Automobile Liability with $5,000,000 per occurrence. It is a single limit liability, which means it takes into consideration property damage and bodily injuries. Medical payments are $5,000 per person in the vehicle with $100,000 per occurrence. The Uninsured/Underinsured Motorists/No Fault is $500,000. Section four is Errors and Omissions Liability with a limit of $500,000 on anyone claim. Section five, Crime Insurance, includes Employee Dishonesty of $500,000 for each loss; Monies and Securities (within premise) $500,000 per loss; Monies and Securities (outside premise) $500,000 per loss; Money Orders and Counterfeit Currency $500,000 per occurrence; Depositor's Forgery $500,000 per occurrence. Section six covers Boiler & Machinery. Expediting Expense is $1,000,000 per occurrence; Hazardous Substance $250,000 per occurrence; Ammonia Contamination $1,000,000 per occurrence; Water Damage $1,000,000 per occurrence; Service Interruption $1,000,000 per occurrence, Business City Council Meeting, August 15, 2002 - Page 3 Interruption/Extra Expense $5,000,000; Consequential Damage (Spoilage) $50,000. The aggregate total is $50,000,000. The renewal member contribution reflects a 20% over the board increase. City of Ammon's public entity renewal member contribution for the period of October 1, 2002, through September 30, 2003, is $30,556. The member contribution includes a new simplified deductible and stop-loss structure. The deductible is for all lines of coverage and applies to all claims subject to the annual stop loss. The City has the opportunity to change the limits of liability. Councilmember Bean expressed the opinion that it would be better to select a lower limit of liability with a lower premium. The Comprehensive General Liability (Section 2) and Automobile Liability (Section 3) can be changed. The City Council discussed changing the limit of liability. Attorney Hall advised there is a State Statute that limits liability to $500,000 against public entities, unless you are insured for more. It has never been challenged. Federal limit of liability can go higher. Council member Bean moved to change our Comprehensive General limit of liability to $2,000,000 and our Automobile Liability to $2,000,000. Council member Folsom seconded the motion. The insurance premium is not the primary factor in changing the liability. The other factor is it limits an individual's ability to sue. Roll call vote: Bean - Yes; Folsom - Yes; Anderson - Yes; Waite - Yes. The motion carried unanimously. Russell Swensen, as a citizen and as a former elected official, expressed appreciation for the service of Attorney W. Joe Anderson, who passed away recently. Attorney Anderson did the citizens of Ammon and the City a great service over many years. He was a great individual. He was a great man. His dedication to the citizens and to the City is greatly appreciated. He will be missed. Russell Swensen has been representing the City of Ammon on Targhee Regional Public Transportation Authority (TRPTA) Board. The Board appreciates the past contributions of the City of Ammon in the amount of $6,000 per year. It has been proposed to reduce the contribution for the 2003 fiscal year to $3,000 per year. An individual who does not have a valid driver's license or no wheels is a prisoner in his own home. There are some of those in the City of Ammon and a number in the area. He invited Rance Bare, Chairman of the TRPT A Board, and Lynn Seymour, Administrator of the TRPT A funds, to answer questions and provide more information. He encouraged City of Ammon to reconsider and to bring the 2003 contribution back to $6,000. It is money well spent. City Council Meeting, August 15, 2002 - Page 4 Rance Bare explained that they appreciated the opportunity to make the Council more aware of what TRPT A is doing versus what they have been doing. TRPT A has undergone changes this past year. This is TRPT A's sixth year of operation as a board constituted by election within the County of Bonneville. TRPT A encompasses the Cities of lona, Ucon, Ammon, Idaho Falls and the Urban Area of Bonneville County. All five entities contribute monies to their operations. They operate under what is called the 50-307 funding program by the federal government. This is an urban transportation grant program. Grants range from a grant of 20-80 for the purpose of purchasing capital improvements (buses, shelters, etc) and grants of 50-50 on a public transit system. For the past five years TRPT A has been a pass through organization, which means they have had a contract with a server, mainly CART has done the bus service. TRPT A has been the agency to receive the monies. The federal government matches every dollar of contribution received for operation. The contract with CART expired and TRPT A opted to go out to secure proposals of new service rather than negotiating an extension of time. Beginning June 1, 2002, TRPT A became an operating board to operate their own buses. That is not where they wanted to be, but that is where they ended up. They have five new buses. One of the routes comes into Ammon in the Kmart area. They are looking at getting into Ammon's southern area. The program is for the benefit of the general public. They are trying to rearrange their schedule to be more user friendly. The service is not operated on Saturday or Sunday. They have operated on the same budget for five years. Every thing is going up. They have tried to maintain service on a fixed budget of $224,000. If City of Ammon reduces their contribution toTRPTA, that has a severe impact. CART is still a private operating agency with Medicare! Medicaid funding. CART offers door to door service. TRPTA is the only bus system and operates on a flex route. They have been underway one month. Lynn Seymour explained about the TRPT A funding, users, the schedules, and the routes. One bus comes to Kmart in Ammon every hour. The problem is lack of funding. The rider-ship is growing. The level of service is not what they want, but it is a beginning. City of Ucon provides $1,000, City of lona $1,500, City of Ammon $6,000, Bonneville County $24,000 and City of Idaho Falls $80,000. There has been no income from riders until September 2002. Rider income can not be used for matching funds. TRPTA has $700,000 plus allocated to them per year, but they have not been able to use it because of no local matching funds. Up to now it has been a bank-it situation. Now TRPT A is faced with a use it or lose it situation. Bonneville County is behind in public transportation. No public systems are totally funded by the users. The TRPT A Board consists of seven members: Rance Bare, Bonneville County; Lee Staker, Bonneville County; Jake Cordova, City of Idaho Falls; Russell City Council Meeting, August 15, 2002 - Page 5 Swensen, City of Ammon; Bill Shurtleff, City of Idaho Falls; Susan Barnes, City of lona; Mayor Wallace, City of Ucon. The legislation established the level of representation. The objective is to increase the level of service. The City Council discussed whether or not to support TRPTA. The budget can be adjusted to continue our $6,000 per year contribution. CART is not eligible to approach City of Ammon on the same basis as TRPT A. TRPT A is designated as the local urban transportation authority. Councilmember Waite asked if TRPTA would commit to more than the Kmart stop. Rance Bare said they could only commit to the highest possible level of service. Council member Anderson moved to approve a one-year commitment for funding to TRPTA to be paid in quarterly installments of $1,500 so that, if the level of service is reduced, City of Ammon can evaluate it on a quarterly basis. Councilmember Bean seconded the motion. Roll call vote: Anderson - Yes; Bean - Yes; Folsom - Yes; Waite - Yes. The motion carried unanimously. Dick Bybee reported on the Planning and Zoning Commission Meeting of August 6, 2002. They recommended approval of Lee Gagner's request for rezone in Eagle Pointe from R-1 to R-2 of the strip on the south to 21st Street. Planning and Zoning eliminated the lot south of 21st Street from the rezone and recommended that Mountain River Engineering look at changing the road structure for the lot on the north side of 21st Street. The reason was so the same thing did not happen as it did in Stonehaven where a driveway comes out of the two-unit townhouse fifteen feet from the arterial. There was one opposing vote. The reason for the opposition was because the four-plexes were proposed for individual unit sales and/or rental. It was believed the units should be either rental or sales and not mixed. Doug Hall, adjacent property owner, opposed the rezone because of multi-family and he did not want a road coming out on to Crowley Road to congest traffic. He felt better when Planning and Zoning requested the roads be rerouted. The developer and/or Mountain River Engineering will bring a plat back to Planning and Zoning for approval of the layout. Alan Cunningham reviewed the layout, the road structure, and the platting. The City Council wanted the road to come out on 21st Street to Crowley Road. The Planning and Zoning Commission expressed concern about driveways coming out on the west side of Crowley Road and the accesses for the lot on the north side of 21 st Street coming too close to Crowley Road. One option is to reroute the road to make a four-way intersection. Another option is to include in the development agreement that there is no driveway within fifty (50) feet of the intersection. Depending on how deep they can go with the R-2 lots, they may not be able to get sixty (60) feet right-of-way and still maintain traffic flow. Alan wanted everyone to understand. City Council Meeting, August 15, 2002 - Page 6 The other item of business at the Planning and Zoning meeting was a discussion on the revisions to Title 10 regarding parking requirements and site plan review. One of the points of consideration was whether a garage is, is not, or is a partial parking spot for multi-unit apartments. The consensus was that the garage would be counted as one half parking space. The driveway would be counted as a parking space if the setbacks were to the point where you could count the parking on the driveway as being enclosable with a garage and still have the required setbacks. You would have to have at least fifty (50) feet of setback to count the driveway as a parking spot. There were basically no changes from the requirements originally proposed. Regarding the site plan review, a strip mall of five units would require the full Commission for a site plan review. If there were two separate businesses on one site plan, it would require full Commission site plan review. If any two members that are making the site plan review feel uncomfortable in making the decision, they can recommend that the site plan come before the full Commission. Employee parking was discussed, but the Commission did not recommend any change. LaRall Kent requested permission to subdivide the three-unit commercial complex on the west side of Cabellaro Drive. Currently there are three units with 2400 square feet each. Elegance in White occupies the space next to East 1 th Street and uses the address of 3380 East 17th Street. Mane Street Salon is in the middle unit, which is addressed as 1724 Cabellaro Drive (originally this was addressed as 1736 Cabellaro Drive). One unit, 1748 Cabellaro Drive, is unoccupied. Elegance in White only uses 2000 square feet. It is proposed to subdivide 400 square feet to be used by Counseling and Mediation. There will be a separate wall to petition off the two businesses. They will share one restroom. However, they have separate entrances, and Counseling and Mediation wants a separate address. LaRall Kent says the petition has always been there. The question was raised whether the individual occupying the 400 square feet should be charged for services for water and sewer. There is only one meter, and LaRall Kent claims the City is only providing one service. Council member Folsom explained that the City charges each building or each usable space with water and/or sewer connections. The determining factor is that it is usable space with water and sewer, but Elegance in White and Counseling and Mediation share the water and sewer. The Council members debated the issue. Council member Bean asked why we did not assign separate addresses in the beginning. Addresses were assigned for three units. The plans were submitted for three units. It was decided that Elegance in White and Counseling and Mediation would just be billed for one water and sewer service. City Council Meeting, August 15,2002 - Page 7 Counseling and Mediation needs a separate business license, and their address is 1712 Cabellaro Drive. Alan Cunningham asked the City Council to determine whether to hold a second hearing or to accept the recommendation of the Planning and Zoning Commission to rezone the additional piece of Eagle Pointe from R-1 to R-2. The Commission recommended that the R-2 not extend south of 21 st Street. Another recommendation was that none of the lots have two zones on one lot. Councilmember Anderson moved to waive the additional hearing for the rezone of the additional piece of Eagle Pointe and to approve the rezone from R-1 to R-2 in the rectangular shape to end at 21 St Street. Councilmember Waite seconded the motion. Roll call vote: Anderson - Yes; Waite - Yes; Folsom - Yes; Bean - Yes. The motion carried unanimously. The Quail Ridge Development Agreement was reviewed at last City Council meeting. Alan Cunningham of Mountain River Engineering faxed information to Engineer Manwill and to Attorney Brian Tucker on the amendments to the agreement regarding front footage fees. Brian Tucker agreed to update Scott Hall on the changes. Nothing has really been changed in the agreement except to add the involvement with recouping costs for the water system. Another thing added was the timing about when the reimbursement would go back to the developer. Everything else remained the same as in the original agreement. George McDaniel, developer of Quail Ridge gave the City Council an update on the well. They started to level the well lot today, and they started to install the pump yesterday. They had to pull off the pump installation for another problem, but they will be back. Steel Systems will be on the job on Tuesday, and it will take about ten days to complete the building. Installation of the pump should be completed in about ten days. We are looking at about twenty to twenty-five days for completion of the project. The City should have the lien waivers by the time the project is complete and the well is transferred to the City. There should not be any surprises. The developers are paying as they go. The total well has not been paid for. The Performance Bond is not in place because two of the members of the Hillpoint Properties have been out of town. On September 5, the next Council meeting, Council member Bean is going to ask for a cash deposit if the Performance Bond is not in place. The City Clerk had a concern about how the City is going to collect the reimbursement. It was understood from Alan Cunningham that everything below Quail Ridge Division NO.4 comes in to the reimbursement for Quail Ridge. That includes The Cottages, so what happens about the portion of the Cottages that is already developed. The properties pay as they hook on to the water system. There are homes in The Cottages already hooked on. They have not paid. They have not known about the reimbursement, but the developer has City Council Meeting, August 15, 2002 - Page 8 known there will be a reimbursement. However, the reimbursement figure has not been known. Engineer Manwill said he had concerns on the development agreement, and he talked with Brian Tucker about it. When this development was originally brought in, it was presented to the City as George McDaniel and Brad Pickett acting as one. As the adjustments have been made to the development agreement, the changes seem to be agreeable, but we have never seen Brad Pickett. Engineer Manwill wonders if the City wants to sit down with George McDaniel and Brad Pickett to review the development agreement with the adjustments before it is approved. The agreement will have an impact on Brad Pickett for The Cottages. We have always thought that we were dealing with one entity, but now we are dealing with two and Mark Johnson of Cottonwood Hills Estates also figures in. Mayor Ard opened the Public Hearing to consider the Budget for Fiscal Year 2003. Notice of the Hearing was published in the Post Register on August 8 and August 15, 2003. There was no public input. The hearing was closed for public comment and opened for Council discussion. Council member Bean commented on the additional funds to be paid to TRPT A. There is no change in the budget. The budget designates $20,000 in General Government for capital outlay. The capital outlay can be decreased to $17,000 and the TRPTA support increased to $6,000. Regarding the $6,000 to TRPTA, Fire Marshal Bill Brotherson thinks TRPTA ought to be pushed to make the loop through Ammon. If they do not, TRPTA does not deserve the money. We need a transportation system to serve Ammon. Mayor Ard closed the Budget Hearing. Councilmember Bean moved to approve the 2003 Fiscal Year Budget for the City of Ammon, to authorize the Mayor to certify the budget request to the Board of County Commissioners, and to authorize the attorney to draft the Annual Appropriation Ordinance. Council member Anderson seconded the motion. Roll call vote: Bean - Yes; Anderson - Yes; Folsom - Yes; Waite - Yes. The motion carried unanimously Reports: Fire Marshal Bill Brotherson reported for the Fire Department. Bill has been Acting Chief while Chief Nelson was on vacation. City of Ammon has physically taken possession of the fire truck from the City of Rigby. On Saturday all but three of the fire fighters were certified for driving the engines. There have been a couple of minor problems with businesses not wanting to install Knox boxes. One of them was Play Again Sports and the other one was the Chevron station. The problems have been solved. Businesses say they do not know Knox boxes are required. The Department plans to work the requirement in with a building permit. City Council Meeting, August 15, 2002 - Page 9 Councilmember Folsom reviewed Resolution No. 2001-06, A Resolution on rates to be charged by the City of Ammon for water, sewer, and garbage service. The City Council already agreed to propose an increase in the amount of 58% for residential sewer service. Councilmember Folsom went through the rest of the resolution to calculate the remainder of the proposed changes. The proposed changes were explained and discussed in detail. Attorney Hall asked about how the Council would like to change the wording in the resolution. Attorney Hall and Council member Folsom plan to work out the details. The first publication of the notice of the hearing to consider a fee increase should be on August 22. The second notice is to be published on August 29 with the public hearing on September 5, 2003, at 7:30 p.m. A copy of the proposed fee increases should be available in the City Office. We can not do anything about removing the Recycling Center until we get in touch with those who are maintaining it. We need to have alternative ideas for recycling. Trish Workman, 3425 Owen Street, has filed a number of nuisance complaints on the old cars parked at 3385 Owen Street. Public Works Director Wadsworth reported the owner is collecting the cars to participate in the Demolition Derby at the Eastern Idaho State Fair and other areas. The cars will be gone after the Fair is over. It was recommended that the owner be given until September 15 to clean up the nuisance. If he does not do so, he needs to report to the City Council about why he should not be sited. The owner of the cars is entitled to an opportunity to express his opinion. Trish Workman is to be told about the September 15 deadline. If the problem does not get solved satisfactorily, she should also come to City Council meeting to restate her complaint. Reports: David Wadsworth, Public Works Director, received quotes from H-K Contractors, Inc. and TMC Contractors, Inc. to chip seal Midway Avenue, Tiebreaker Drive, and Wanda Street. The H-K Contractors' quote was for the unit price of $1.20/sy and the TMC quote was for the unit price of $1.15/sy. TMC quoted the lowest price. This would be $14,862.60 for TMC to do Wanda Street (RR tracks to Crowley Road); $14,636.05 to do Midway Avenue (17th Street to Rawson); and $8,271.38 to do Tiebreaker Drive (First Street south 1400/lf). This amount is less than we budgeted. It does not include Owen Street. Councilmember Bean moved to accept the quotes of TMC Contractors to chip seal Midway Avenue, Tiebreaker Drive, and Wanda Street at a unit cost of $1.15/sy. Council member Folsom seconded the motion. Roll call vote: Bean - Yes; Folsom - Yes; Waite - Yes; Anderson - Yes. The motion carried unanimously. Attorney Scott Hall reported that he and Brian Tucker plan to share the responsibility of City Attorney for Ammon. They each have family involvement City Council Meeting, August 15, 2002 - Page 10 and responsibilities on Thursday nights so they will work together. Feel free to call either of them with questions. Scott will be the coordinator. Together they should be able to provide good service because they will both be on top of what is happening. Scott Hall suggested that it might be nice and appropriate at some point in time for the Mayor and City Council to do some sort of recognition in appreciation for the service W. Joe Anderson gave to the City. His wife, Trixie, could be invited to a City Council meeting to receive the recognition. Engineer Manwill reported on the Sunnyside Road project. Lennis Tirrell called to say he had an agreement for a forty (40) feet approach on the lot across the street north of Ammon Speedi Mart. He also wants a forty (40) feet approach between the house and Idaho Traffic on the south side. These are both in commercial areas. Generally residential curb cuts (approaches) are twenty (20) feet and commercial curb cuts are forty (40) feet. A curb cut was described as where the curb is depressed so cars can drive in. If the City approves, Lennis Tirrell's request can be incorporated into the plans. There was no problem with the request. The Sunnyside Road update meeting went well. They are looking at everything being done in 2003 except for the bridge on Idaho Canal. The bridge may be able to go this winter. So we will be looking at a three-mile contract from Ammon Road to Holmes. The Commissioners are extremely sensitive to the Sunnyside Nursery. They do not want to impact that area at the time that is critical to the business. They will minimize the impact on the local project, but they can not make that promise on the federal aid project. There is a problem with the street named Birchwood Lane and/or Birchwood Circle. In one division the road is Circle and in one division the street is Circle with three lots in between divisions designated as Lane. Engineer Manwill said it should not cause a problem if we just use Birchwood. Claims were approved. Council member Bean moved to adjourn the meeting, and Councilmember Folsom seconded the motion. The meeting was adjourned. Mayor Attest: City Clerk