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Council Minutes 06/27/2002 CITY OF AMMON June 27, 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 W. Joe Anderson Engineer Bill Manwill Public Works Director David Wadsworth Fire Chief Clarence Nelson City Clerk Aleen C. Jensen Others Present: Matthew, Colleen, and Heather Pincock, 4135 Ross Avenue, Ammon Tom Hunsaker, 2925 Carolyn Lane, Ammon Brett Elder, 2705 Sawtooth Street, Ammon Brad Pickett, 6238 East Partridge Court, Ammon Tyson Hackbarth, 1499 Mirinda Scott Pickett, P. O. Box 2311, Idaho Falls, ID 83403 Brian Tallman, 812 Chatham Drive, Idaho Falls Barry Cazier Kristy Hessmer, 2212 St. Clair, Idaho Falls Todd and Terri Johnson, 3760 Georgia Lane, Ammon George McDaniel, 2425 South 60 East, Idaho Falls Maxine Hardy, 3745 Georgia Lane, Ammon Lorin Peterson, 3780 Georgia Lane, Ammon Ray Berry, 3740 Georgia Lane, Ammon Andrea Poppleton, Wanda Street, Ammon Councilmember Folsom led the Pledge of Allegiance to the Flag and Councilmember Bean offered a prayer. The City Council decided to halt issuing building permits in The Cottages and Quail Ridge because work on the new well has not progressed as promised. Brad Pickett and George McDaniel reported on the development in Quail Ridge and The Cottages. George McDaniel is working on a Performance Bond. Brad Pickett is the person responsible for The Cottages and George McDaniel is the person responsible for Quail Ridge. City Council Meeting, June 27,2002 - Page 2 There was a detailed update report and discussion on the well. Barry Cazier of Pump Tech Company explained that his company has been engaged by George and Brad to supply the pumps for the new well. There have been two problems. There was not enough pressure on the hill and, when they tried to get the pressure up there, it took pressure from below the hill. The booster station was never proposed to operate as it has been. It was designed to operate when there was a pump up above and to be a standby pump for the future. When Barry became involved about six weeks earlier, it was realized there were real problems. A variable speed drive pump was ordered, and it has been installed. There should not be any more water pressure problems. It is planned that, when the other station gets on board at the well, they will take the variable frequency drive and move it to the new well. It is a temporary solution. About 60% of the speed of the pump is being used. The tank was ordered about June 12, and the tank company has committed to ship it about July 20. The pump parts are in stock, and it is proposed to put the pump in prior to the time the tank arrives. The pump will be inoperable until the tank is installed. Barry explained details about the pump and estimated it would be early in August for the well to be totally operable. George McDaniel reported on the well house. The Department of Environmental Quality (DEQ) is expected to give their approval on Monday. The plans for the well house are out for bid. Councilmember Bean asked for a firm commitment date when the well will be operable. It was recommended that the City have a contract, including a completion date, between George McDaniel, Brad Pickett and the City relative to the pump and well house in case of default. Barry Cazier added that right now there is an operable system, and it should serve all the houses that can be built in a year. If there is a commitment date even later than the estimated August 15, that is contracted and bonded, it should not be a problem for the City. The developers can use a little bit of leeway time. Brad, George, and Barry have made a commitment to put in the water system. Now that the variable speed pump is in, the temporary system is reliable. The developers are concerned about the issuance of building permits. The motion was made on June 6 to halt all building permits until the City has a Performance Bond. The decision to not issue building permits ~as to motivate the developers to get the well done. Brad Pickett contehded th~t continuing to withhold issuance of building permits does not affect the ,water system. The development is moving forward as fast as it can. The .p~ople want builq\ng permits. City officials pointed out that the project is not aqy farther ahead than where it ~$ three weeks ago. Commitments of the divelopers have not twlppened, anQ un~~ss the City uses pressure they are not going to happen. City Council Meeting, June 27,2002 - Page 3 The developers asked the City to give them a break. The discussion continued on what the developers can do so the City will release building permits. The City has not been given proper deadlines and would like assurance that the system can be in by September. The developers need to provide the Performance Bond or a cash deposit in escrow. Councilmember Folsom moved to allow the developers to keep their building permits going until July 11,2002, at which time the City has a Performance Bond or a cash escrow. The motion was paused for discussion. Barry Cazier was asked to honor the bid he made to the developer with the City if the City has to take over. He agreed to do so. The stages of developing a well were reviewed. During construction it is sometimes difficult to get things done on time. There have been problems. Mountain River Engineering has been doing the design on the system. Pump Tech has worked on the pump design. The developers committed for a well and a well has been drilled, which should be an asset to the City. Councilmember Folsom continued with her motion to allow building permits until July 11 contingent on a Performance Bond or money in escrow in the amount of $215,000.00 which as of September 3, if the well is not completed and up and running, the City will use to fund the project. Councilmember Waite seconded the motion. Roll call vote: Folsom -Yes; Waite - Yes; Bean - No; Anderson - No. Voting on the motion was tied. Mayor Ard voted to break the tie: Yes. The motion carried. Letters of commitment to the City for the bid price of both the pump and the building are to be provided with the Performance Bond. The City will pay for the oversize line at the time of completion of the well. Councilmember Bean moved to authorize the Mayor to enter into a contract with George McDaniel, managing member of Hillpoint Properties, and Brad Pickett, managing member of Monopoly Properties, relative to the agreements and terms we discussed tonight for a Performance Bond or a cash escrow deposit. Councilmember Anderson seconded the motion. Roll call vote: Bean - Yes; Anderson - Yes; Folsom - Yes; Waite - Yes. The motion carried unanimously. Brett Elder purchased the property at 2705 Sawtooth Street. According to the contract, before closing on the sale the former owners were to have a sideyard variance in place to allow a single car garage. The variance was discussed with the realtor and the loan was closed because the request had been presented to the Planning and Zoning Commission. The Commission recommended approval because there is only one other house on the block that does not have a garage. On June 20, 2002, a public hearing was held before the City Council acting as the Board of Adjustments. There was no public present to provide input, and a quorum of the City Council was not present in order to take action. Elders do not City Council Meeting, June 27,2002 - Page 4 plan to build the garage at this time, but they want to have the variance in place when they are ready to build. Councilmember Folsom moved to grant a sideyard variance of no closer than 5'8" to build a garage at 2705 Sawtooth Street for up to two years with the option to renew. Councilmember Waite seconded the motion. Roll call vote: Folsom - Yes; Waite - Yes; Bean - Yes; Anderson - Yes. The motion carried unanimously. The next item of business was to reconsider the motion made at City Council meeting on June 6, 2002, relative to the home occupation permit for Todd and Terri Johnston, 3760 Georgia Lane. Council member Bean explained that the Council usually reconsiders a motion without debate. However, there was public present that wanted to add comments. Councilmember Bean moved to allow the public to make input but to limit it to one comment per individual at the podium with the maximum of two minutes each. Council member Anderson seconded the motion: Roll call vote: Bean - Yes; Anderson - Yes; Waite - Yes; Folsom - Yes. The motion carried unanimously. Mayor Ard opened the meeting for public comment. Maxine Hardy, 3745 Georgia Lane, has lived by the Johnstons while Terri has had her home occupation. She has not witnessed excessive traffic. There are more traffic problems when a teenager has a party. She can not imagine the home occupation becoming a big business because the operator is not allowed to hire employees. Maxine has no objection and Terri should be afforded the opportunity as long as she conforms to the restrictions of a home occupation permit. Lorin Peterson, 3780 Georgia Lane, lives next door to Johnstons. The neighbors have expressed concerns to him that the home occupation is going to grow and that it will increase the traffic. Lorin understands the home occupation is to be the same as always, and he does not foresee a traffic problem. He has no problem with supporting the Johnstons. Ray Berry, 3740 Georgia Lane, lives next to Johnstons on the west. He opposes the home occupation permit. This type of business does not fit the original intent of the home occupation. He introduced a petition from several of the neighbors who could not attend the meeting. Those signing the petition were opposed because they feel this is too much for a home occupation. Councilmember Bean read and commented on the points stated in the petition. It was questioned whether or not the Planning and Zoning Commission had seen the petition. It was believed that it was presented to the City Council. The City Council does not vote on building permits. There has never been a request from City Council Meeting, June 27,2002 - Page 5 Terri Johnston to increase the number of students. Terri has committed to Councilmember Bean to maintain the gymnastic classes at a maximum of 100. ff she wants to go above that number, she will have to request approval. The maximum number of students at one time is six to nine. Councilmember Bean took exception to "the understanding that thi~ issue will be reworded and revoted upon June 27." The Council will not reword the motion. The motion will be word for word from the original transcript. The Council is reconsidering a prior vote that was tied. Councilmember Anderson said she could understand that people who do not live close to Johnstons have opinions because this is a precedent setting issue. There was a statement from Michael Simpson stapled to the back of the petition. "Our only point of opposition is the concept of unlimited enrollment. There needs to be a definite and reasonable cap on the number of students that Terri Johnston is allowed to have and it must be enforced." Terri Johnston lives at 3695 Geneva and she proposed to build the house at 3760 Georgia lane. The people that come to her have concerns that are not relevant. If they want a cap on the number of students, it is fine. As far as setting a precedent, the City is growing. What Johnstons propose to do is not new to the area. Ammon is small and it happens to be the first one. Someone has to go first. As long as she falls within the guidelines, it should not be a problem. Terri believes that she does fall within the guidelines. Andrea Poppleton, Wanda Street, questioned the issue because of the precedent setting situation. She does not oppose home businesses, but she believes the City needs to be careful about what we start to allow. There is a significant increase in the size of the Johnston's house. Todd Johnson, Tern's husband, commented on the parking problem. Johnstons propose a circular driveway, and they are changing the driveway location so it should not be a problem. The size of the room is designed around playing basketball. It is not proposed to use the whole room to teach gymnastics. Terri is not teaching as many student hours as other businesses in Ammon. There was a discussion about whether or not this is a commercial venture. Councilmember Folsom commented on traffic and consistency in the issuance of permits. Someone commented that the City Council should treat the whole issue and not create a picture for the future. The picture from the past is already there, and the Council has tried to follow the requirements. We have to live with the existing laws. There was a discussion on traffic. Council member Bean said it is important for everyone to understand that the Council does not have the basis to revoke a home occupation permit that Terri City Council meeting, June 27,2002 - Page 6 already has. The Council has ruled she does have a home occupation permit. The issue tonight is a reconsideration of a motion made June 6. There are always people for an issue and there are people who are opposed. It makes it difficult for the sitting body to make a decision about what is right and what is wrong. Councilmember Bean has done some configurations of the exact space Terri plans to use for her mats, etc. He has come up with the fact that she meets the 25% requirement. The home is a large home. It is a well designed home. Because the home houses a gymnasium it does not the change the nature or the appearance of the home. Mayor Ard said he had spent a lot of time on the phone during the week regarding the Johnston's plans. When Terri's plans were explained, the majority of people understood. The only way the home occupation permit should be approved is if Terri complies with the requirements. Councilmember Bean moved, as reconsideration of a prior vote taken, that we allow the home occupation permit to stand as issued and to allow Terri to go ahead to build the home and utilize it as we have discussed tonight with these plans. Council member Folsom seconded the motion. Roll call vote: Bean - Yes; Folsom - Yes; Anderson - No; Waite - No. Mayor Ard voted to break the tie - Yes. The motion carried. Councilmember Bean moved to limit the maximum number of students Terri Johnston has in her gymnastics business to one hundred (100) and in the event she wants to go over that number she comes back to revisit with the City Council prior to enrollment. Councilmember Folsom seconded the motion. Roll call vote: Bean - Yes; Folsom - Yes; Waite - Yes; Anderson - Yes. The motion carried unanimously. Councilmember Anderson moved, in connection with the Johnston's home occupation permit, that Terri does not hold any metes involving more than ten students at the same time, and if the traffic is shown to increase above 25 cars generated per day for her business, that the Council reconsiders the home occupation permit. There was no second to the motion. The motion died. There was a discussion on excessive traffic. Mayor Ard and Councilmember Bean approved the minutes of the City Council meeting held June 20, 2002. Annexation of the County Islands is still an open issue. The City Council needs to decide what action to take. The primary issue in annexing the parcels is the safety issue in terms of fire dispatch. Sants should be annexed because they are on City services. We ought to annex those who want to come in, but there is considerable opposition by some about being annexed. The parcels that are City Council Meeting, June 27, 2002 - Page 7 surrounded on all sides by the City should be annexed. The reason for annexation is to clean up the boundaries, it keeps things consistent, it is a safety situation, and it is a step towards eliminating septic systems. A representative of the Association of Idaho Cities indicated, if we see any development going on in our Impact Area, that we should annex that property. It was agreed to get more input before making a decision on annexation of the County Islands. Council member Waite asked for information about fire insurance. Insurance companies quote lower rates for City of Idaho Falls and Bonneville County than for City of Ammon. The City of Ammon has a new fire rating that insurance companies should be using. Items of unfinished business were reviewed to determine if any action was needed. No information has been received regarding Ordinance No. 307 on FBI background checks, which was submitted for approval. Employee benefits for health insurance were discussed briefly. The present plan will continue until we work out something better. Parking: Johnny Carino's wants to have parking on Derrald Avenue right next to Hitt Road so people can pick up their pastas at the door. The Council opposed this request because of the turning lane. Public Works Director Wadsworth recommended painting the curb yellow on both sides of Derrald Avenue. A parking ticket was put on a vehicle owned by Sherman Norris, which he parks outside of the fence in Briarwood Addition in the right-of-way. The City can not allow parking in the right-of-way on East 17th Street or East Sunnyside Road because of the traffic. Jay Glick has been working with parking violations. Councilmember Bean discussed parking in the school cul-de-sac on Derrald Avenue. The original agreement was to have no parking in the cul-de-sac. The Fire Department officers have volunteered to enforce parking ordinances for the City to help them generate funds for their Department. It was suggested, if the officers are interested, that they make a proposal to the City Council. Attorney Anderson introduced Ordinance No. 310 by title, AN ORDINANCE ANNEXING CERTAIN LANDS TO THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO; DESCRIBING WITH PARTICULARITY SAID LANDS TO BE ANNEXED AND HEREBY ANNEXED AND DECLARING SAID LANDS A PART OF THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO; DETERMINING THE PROPER ZONING FOR CLASSIFICATION OF THE ANNEXED LANDS AND TERRITORY UNDER THE ZONING ORDINANCE OF THE CITY OF AMMON, IDAHO; PROVIDING FOR AN EFFECTIVE DATE FOR THIS ORDINANCE AND OF THE ANNEXATION OF SAID LANDS (COTTONWOOD HILLS ESTATES SUBDIVISION, DIVISION NO.1) The ordinance was read in full. City Council Meeting, June 27,2002 - Page 8 COuncilmember Folsom moved that the City Council dispense with the rule requiring Ordinance No. 310 to be read on three different days and that the three readings be waived. Councilmember Waite seconded the motion. Roll call vote: Folsom - Yes; Waite - Yes; Bean - Yes; Anderson - Yes. The motion carried unanimously. Councilmember Folsom moved the adoption of Ordinance No 310 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 Anderson moved to schedule reports before unfinished business on the City Council Meeting agenda. Councilmember Folsom seconded the motion. Roll call vote: Anderson - Yes; Folsom - Yes; Waite - Yes; Bean - Yes. The motion carried unanimously. Councilmember Folsom introduced Ken Knoch as the new Parks Director. Mayor expressed concern about the new park in Eagle Pointe. We have a youth group coming in for a service project, and we need to get the sprinkler system in. Ken Knoch reported on the park plans and the amount of soil that is needed to provide a good solid base. It will take a lot of dirt to cover the lava rock. The Eagle Pointe park layout was reviewed. The Tree Committee is helping with the tree plans. Councilmember Bean asked for clarification of whether the Parks Director or the Street Department is responsible for the weeds and maintenance of the area between the streets and the private fences. It was determined that the Street Department is responsible, and the Street Department and Parks Department should coordinate the use of the equipment. City employees are to wear shirts when they are on the job working. July 8 is the tentative date scheduled to put the main water line in the park in Eagle Pointe. Plans are to install the sprinkler system on July 15, and volunteer help will be appreciated. There has been concern about the safety of the World War II cannon in Lions Park. The City has been encouraged to be aware of the liability. It has been questioned about whether or not we should keep it. Some residents are adamant that it is to be left in the park. It was decided to leave the cannon, but to clean up the sharp edges and make it look more like a memorial than a piece of playground equipment. The City Council approved a new Tree Ordinance, but we forgot to revoke the old one. It is confusing to have two ordinances. Attorney Anderson advised that City Council Meeting, June 27,2002 - Page 9 the new ordinance, in any point that is inconsistent, takes control. Councilmember Folsom moved to revoke the old City Code Title 8, Chapter 7 and allow the new Tree Ordinance to take its place. Council member Anderson seconded the motion. Roll call vote Folsom - Yes; Anderson - Yes; Bean - Yes; Waite - Yes. The motion carried unanimously. Reports: David Wadsworth reported for Public Works. The horses at the corner of Marlene and Ross Avenue are gone. The owner indicated they would be back in October. The problem was there was not enough square footage for each horse and there was not 100 feet distance from the barn. If the owner brings the horses back, he should be issued a citation. Councilmember Bean reminded Council members about the Budget Work Meeting at noon on July 10, 2002. Regarding the barriers for the comer of Hitt Road and Sunnyside at the convenience store complex, the owner has not returned a telephone call to Public Works Director Wadsworth concerning some details. However, the owner was agreeable to put up the parking barriers along his black top. He wanted an answer about when the streetlight would be installed because he did not want to do a lot of extra landscaping. The barriers will be placed. Councilmember Anderson said that she and the Fire Chief had been discussing a drug policy for the Fire Department. It will mirror the City policy. When a volunteer is accepted, the volunteer will pay for his/her own drug test. After that the Department, wants the City to pay for the tests. The Fire Department will work out the details. Claims were approved. Councilmember Bean moved to adjourn to an Executive Session to discuss personnel matters. Councilmember Folsom seconded the motion. Voting was all in favor. The Regular City Council Meeting was adjourned. Mayor Attest City Clerk