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Council Minutes 08/15/2002 CITY OF AMMON July 25, 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 Anderson Councilmember W. Lee Bean Councilmember Leslie Folsom Councilmember Randy Waite Attorney Brian Tucker Engineer Bill Manwill Public Works Director David Wadsworth Fire Chief Clarence Nelson City Clerk Aleen C. Jensen Others Present: Ken Knoch, Parks Director Sgt. Greg Black, Bonneville County Sheriffs Department Tom Hunsaker, Planning and Zoning Commission Chairman Ron Folsom, Planning and Zoning Commission Alan Cunningham, Mountain River Engineering Lee Gagner, Homestead Realty George McDaniel, Quail Ridge Developer Absent: Attorney W. Joe Anderson Councilmember Anderson led the Pledge of Allegiance to the Flag and Councilmember Waite offered a prayer. The first item of business was to consider revisions to the zoning ordinance in C.C. 10-5-23, Required Parking and Loading Areas, and C.C. 10-19-13, Site Plan Review. Copies of the ordinance, which showed the revisions considered by the Planning and Zoning Commission, were distributed to the Mayor and City Council. Ron Folsom represented the Planning and Zoning Commission, and he led the discussion. One of the major items of discussion concerned spaces for multi-family units. For multi-family units of three or more, the garage counts as one-half of a parking space. It was suggested to clarify how to count the driveways. It may also be worthy to define what constitutes the driveway. The number of bedrooms is a determining factor for multi-family units of three or more. One and two bedroom units would require two parking spaces. Three or more bedroom units would City Council Meeting, July 25,2002 - Page 2 require two and one-half parking spaces. Whatever calculations are used to determine the number of parking spaces should be kept uniform throughout the ordinance. "In all zones, space for parking automobiles for dwelling units shall either be enclosed in a garage or carport or sufficient yard must surround the parking space so the automobile can be enclosed in a building or a carport and will still comply with the ordinance." There was discussion on the covered parking space requirement. If parking is on the side of the unit/house, the sideyard requirements for the zone must be met. Planning and Zoning Commission Chairman Tom Hunsaker provided input. Councilmember Bean commented that the intent is to provide enough parking spaces for the individuals in a unit to get off the street. Lee Gagner, developer, discussed the proposed revisions. He commended the Planning and Zoning Commission for their efforts. He does not mean to be disagreeable, but at times he disagrees. He was not clear regarding the garage counting as one-half of a parking space. How much is enough parking space and how much is too much? Lee had concerns about the site plan review. The Planning and Zoning Commission does a site plan review and the City Council reviews the site plan. He questioned the need for that intense of a review on every building permit. Waiting for a site plan review can delay the builder. He explained his plans for the four-unit townhouses. The townhouses are designed with a zero lot line, a common area, different facades, a single car garage, and an extra parking pad. The units are currently rental but potentially saleable. He was concerned how his units would comply with the revisions to the ordinance. The City was encouraged to enforce property owners to clean up their yards. Properties with problems need to be identified and a notice delivered to the owner. Jay Glick, Animal Control officer, has been working on the enforcement of any of the ordinances that the Sheriff's Department will not enforce. If a notice for action is given, there should be a follow-up to make sure the problem is resolved. Tom Hunsaker discussed the site plan review process. The Planning and Zoning Commission and the City Council will review all commercial building permits, any permits involving more than one main building, and multi-units with five or more units. The Planning and Zoning Commission will handle all of the site plan reviews for single units and multi-units of four or less unless a problem is encountered. City Council Meeting, July 25,2002 - Page 3 The comments of the City Council were to be taken back to the Planning and Zoning Commission for feedback. The next step is for the City Council to conduct a public hearing on the revisions. The Council is interested in providing adequate parking but not to be cumbersome for the business. Councilmember Anderson commented on employee parking. She recommended that the ordinance include a definition of an employee and whether the employee is paid, unpaid, or the owner. Wal-Mart planned for customers and employees. She recommended an addition to the retail establishment language "if on the largest shift there are more than one employee per 1,000 square feet there must be one additional parking space for each extra employee." The Council response was an excessive number of employees could put a burden on the owner to provide parking spaces. The developer addresses the plans for the parking spaces in the building permit application. There was a discussion on adding employees, new business occupancy, and existing retail. Parking areas need to be planned for ahead of time. The City can not require a business to expand parking if no additional parking is available. Alan Cunningham of Mountain River Engineering explained that in the Annexation and Development Agreement for Quail Ridge it was understood that the developer would be reimbursed for the cost of the sanitary sewer main lines and the water main lines. It has been discovered in the agreement that the waterline was not addressed. The sanitary sewer line was. It has come to attention that the City may want to address the water line. Engineer Manwill came up with a basic formula. If the Council agrees with the concept, some numbers can be added. The way the developer is to be reimbursed now is anybody adjacent to or along the main line would pay 6% of the cost of the waterline and 6% of the sanitary sewer line along the frontage. The developer has no problem with the current figures, but it is not mentioned in the Development Agreement. Alan presented another option based on serviceable area to determine a square foot cost rather than the adjacent owner paying 100% of his front footage. Properties, which are 200 feet from the main line, equal 60% of the construction cost. Properties, which are 200 feet to 700 feet from the main line, equal 30% of the construction cost. Properties, which are beyond 700 feet, equal 10% of the construction cost. Engineer Manwill explained the concept, but the firm figures were not available. Councilmember Bean recommended that Attorney Brian Tucker take the information back to have Attorney Anderson revise the Development Agreement. The optional plan to recoup cost addresses the whole system. Engineer Manwill advised the City would either pay the square footage cost or the over size line, but not both. The details should be spelled out in the Development Agreements. City Council Meeting, July 25, 2002 - Page 4 George McDaniel gave an update on the new well (No.9 - Bit O'Heaven). The pump is on schedule. The tank is to be shipped on Tuesday. The building permit for the well house is in the process. Bonneville County will issue the permit because the well property has not been annexed to the City of Ammon. David Wadsworth reported on the water pressure for The Cottages. When the pump gets on line, there should not be a variation in the pressures. Regarding the Performance Bond, Brad Pickett needs to see the copy of the indemnification on the bond. Sgt. Greg Black of the Bonneville County Sheriff's Department distributed copies of the law enforcement activity report for June. The City Council commented on the information in the report and wondered how it compared to last year. Sgt. Black said he thought Ammon would see the need for more officers with Wal- Mart coming. The staff at Aspen Grove is taking a more active role in administration. There have not been as many calls to that facility. Ken Knoch, Parks Director, reported on the park in Eagle Pointe. An Ammon West LOS Stake Youth group participated in a great service project to help us with the park. Mayor Ard asked that a letter of thanks be sent to the Stake Presidency and to Brad Hall, High Council member in charge of the project. The park looks good and it is about ready to seed. The work is getting into the areas of lava rock. Councilmember Folsom recommended taking dirt from the west end of McCowin Park in the undeveloped area by the recycling boxcar. Public Works Director Wadsworth reported that area has already been leveled out. Councilmember Anderson asked, with all the resources directed to the park in Eagle Pointe, what is happening to the other parks. The other parks will begin to get more attention. Alan Cunningham of Mountain River Engineering presented the Final Plat for Cottonwood Hills Estates. The Development Agreement has been signed by the developer and reviewed by Attorney Anderson and Engineer Manwill. There has been a change on the plat from what the Council saw two weeks ago. The conditions have been met to make sure there is enough right-of-way and the improvement drawings are approved. Councilmember Folsom moved to accept the Final Plat for Cottonwood Hills Estates with the Development Agreement and the Improvement Drawings. Councilmember Anderson seconded the motion. Roll call vote: Folsom - Yes; Anderson - Yes; Bean - Yes; Waite - Yes. The motion carried unanimously. Mark Johnson and George McDaniel have worked out the agreement to recoup costs for the water and sanitary sewer lines. Mark Johnson has agreed to pay George McDaniel. Councilmember Folsom moved to accept the Development Agreement for Centennial Ranch Division No. 12. Councilmember Waite seconded the City Council Meeting, July 25, 2002 - Page 5 motion. Roll call vote: Folsom - Yes; Waite - Yes; Bean - Yes; Anderson - Yes. The motion carried unanimously. Fire Chief Clarence Nelson reported for the Fire Department. Chief Nelson suggested getting some from the inmate release work crew to help rake up the grass clippings around the City Building. The grass in the park was wet for the recent car show. The cell phone contract needs to be renewed. The cell phones used by Chief Nelson and Public Works Director Wadsworth have problems. Ken Knoch, Parks Director, needs a cell phone. Chief Nelson will be here for the next City Council meeting and then he will be gone until August 17, 2002. Mayor Ard explained about the General Service Contract with Utah Power for the new well (No. 9 - Bit O'Heaven). The contract is for usage but does not require any upfront money. The plans were to run the service underground but there is a problem regarding the placement of the transformer. If Utah Power needs to get the service in by September 15, they may have to put the transformer on a pole. The lines will be buried both ways, but we may have a transformer by the side of our well house or across the street on a pole. This well will run all of the time. No easements should be required. The lines cross the public right-of-way to the well property. Coucilmember Bean moved to accept the General Service Contract with Utah Power for the new well. Councilmember Folsom seconded the motion. Roll call vote; Bean - Yes; Folsom - Yes; Waite - Yes; Anderson - Yes. The motion carried unanimously. Attorney Tucker reviewed the contract. There was a question about signing a five-year contract because a Council cannot commit a future Council. The contract is basically a guarantee that the City will use the power in exchange for installing the line. Mayor Ard signed the contract. Ordinance No. 307 authorized City of Ammon to request information on criminal history from the Federal Bureau of Investigation. The ordinance was passed by the City Council on April 18, 2002, but not published pending acceptance by the FBI. The City was notified that the ordinance needed to be more specific. Council member Folsom moved to rescind the action taken on April 18, 2002, on Ordinance No. 307. Councilmember Anderson seconded the motion. Roll call vote; Folsom - Yes; Anderson - Yes; Bean - Yes; Waite- Yes. The motion carried unanimously. Attorney Brian Tucker introduced and explained revised Ordinance No. 307. Ordinance No. 307 was amended to meet the requirements of the Idaho State Police and the Federal Bureau of Investigation. The ordinance was read in full. The applications for employment, for bartender permits, and for massage therapy licenses should have language added to state they might be background checked. City Council Meeting, July 27,2002 - Page 6 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. 307 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. 307 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. Councilmember Bean led a detailed review of and discussion on the proposed budget figures for Fiscal Year 2003. The figures were incomplete because the carryovers and transfers had not been figured in. The revenues for the Knothole Baseball and the Girls' Softball programs reflect what they generate from fees, and the City has not budgeted any additional for them. The expenditures from these programs have to be in line with their revenues. The individuals who administer the programs like to carry over what funds they do not use. It appears that the Knothole program used most of their funds because they purchased a new pitch machine. Girls' Softball probably has some funds to carry over. These programs require separate consideration. The sewer funds are in the most trouble. The flow charges from City of Idaho Falls match the revenue. The City Council discussed providing for current flow charges, retroactive flow charges, balance due on our participation in the Hitt Road project, capital improvements for the Ross Avenue lift station, and building a reserve. It was concluded that the sewer rates for both residential and commercial should be increased. In order to cover all areas, the residential rate needs to be increased in the neighborhood of $26.00 per month. Councilmember Folsom was asked to work up a rate increase on commercial sewer, which would compare to the residential rate. The City may also want to consider raising the sewer connection fees. Engineer Manwill advised that sewer connection fees, by contract with City of Idaho Falls, are earmarked. They have to go for replacement and expansion of the sewer system. We can use the funds to build a reserve, but they can not go for operation costs. Our sewer connection fee has to be at least as much as the City of Idaho Falls. In regards to the Law Enforcement and Fire Department budgets, there were concerns about the cost for dispatch. City of Ammon contracts with City of Idaho Falls for Fire Department dispatch. Dispatch for law enforcement is between Bonneville County and City of Idaho Falls. We are proud of our Fire Department but greater demands are being placed upon it. Volunteers put in lots of hours to insure the City has good fire protection. We should keep our communications City Council Meeting, July 25,2002 - Page 7 open with Bonneville County concerning the Fire District and the Sheriffs Department. Budget schedules were reviewed. The budget hearing is scheduled for Thursday, August 15, 2002. This means the Tentative Budget will have to be approved at the next meeting on August 1, 2002. Councilmembers were asked to review the figures and recommend any changes. A pre-meeting budget review was scheduled for August 1, 2002, at 6:00 p.m. Mayor Ard reported that he would not be at the next City Council meeting. However, he stated he would support the decision of the City Council on the sewer rate increase. The City Council requested that a representative of our liability insurance carrier attend the next City Council meeting to explain our coverage and the projected costs. Ground Round Bar and Grill has applied for and received liquor by the drink and beer licenses from the State of Idaho and Bonneville County. The City Council approved issuing the City licenses to Ground Round for general business, liquor by the drink, and beer to be consumed on the premise. The City requires the bartenders to be licensed. Applications for bartender permits are to be sent to Bonneville County for a background check. If they come back with "no record," the City bartender permit can be issued. If the Bonneville County Sheriff's Department rejects the application, the applicant can appeal to the City Council. Councilmember Folsom asked whose problem it is to make sure our drainage swales are taken care of properly? Some swales are being filled in, and it is a concern. In Eagle Pointe Division No.1, the City approved development with a narrow swale, which requires a deeper cut. Homestead Construction has recognized a problem with swales in their subdivision, and they have taken care of the problem. As Public Works Director Wadsworth circulates around the City, he explains the swale to the property owners. Initial homeowners are not usually a problem. Subsequent homeowners are frequently a problem because they move in and begin to modify the swale. There are ways to notify property owners about the swale, but if is difficult to enforce. Reports: Councilmember Bean stated that Tom Arave does not have the barrier up for the Chevron Convenience Store on the corner of Hitt Road and Sunnyside. The City agreed to delay the landscaping in exchange for the barrier. Sunnyside Road is not going to be completed this year, so the landscaping is needed. Public Works Director Wadsworth was asked to contact Tom Arave to do the landscaping. A time certain was to close the entrance immediately and to allow sixty (60) days to landscape. City Council Meeting, July 25, 2002 - Page 8 The School District storm drainage field proposal was taken to the Board for approval. It was approved, and the School District is waiting for further direction from the City and County. Since the Sunnyside Road project is delayed, the storm drainage is on hold. Engineer Manwill was asked to report to Bonneville County that the School District had granted approval. The project expense will cover the sprinkler system and to hydro seed the area. The School District will maintain the area. Engineer Manwill reported on the Sunnyside Road project. Work is in progress on the right-of-way. Claims were approved. Councilmember Folsom moved to adjourn the Regular Meeting to an Executive Session for personnel matters. Councilmember Bean seonded the motion. The Regular Meeting was adjourned at 11 :20 p.m. Mayor Attest City Clerk