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Council Minutes 01/17/2002 CITY OF AMMON January 17, 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 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: Bryce and Pam Dixon, 2215 Cabellaro Drive, Ammon Donald Yeary, 2279 Princess Drive, Ammon Kevin Eckersell, Bonneville County Stephanie Arguello, 3505Rich Lane, Ammon Bud Langerak, Bonneville County Sheriff's Department Alan Cunningham, Mountain River Engineering Brad Pickett, Quail Ridge and The Cottages Developer George McDaniel, Quail Ridge and The Cottages Developer Jeff Freiberg, Harper Leavitt Engineering Todd and Terri Johnston, 3760 Georgia Lane, Ammon Tom Hunsaker, 2925 Carolyn Lane, Ammon Absent: Council member W. Lee Bean Councilmember Folsom led the Pledge of Allegiance to the Flag and Councilmember Waite offered a prayer. Mayor Ard presented Harvey L. Crandall and Ira Kimball Hall, former City Council members, with plaques for their many years of faithful service to the City of Ammon. Stephanie Arguello, 3505 Rich Lane, requested a home occupation permit to operate a day care in her home. She plans to take up to twelve children from the ages of 0 to 10 years. She has talked to her neighbors and sixteen of them signed a petition to give their approval. Stephanie has applied for a State license. There will be no employees. The day care will utilize a portion of the top floor of the home. The home occupation requirements will be complied with. City Council Meeting, January 17, 2002 - Page 2 Council member Folsom moved to approve a home occupation permit for Stephanie Arguello, 3505 Rich Lane. Council member Waite seconded the motion. Roll call vote: Folsom - Yes; Waite - Yes; Anderson - Yes. The motion carried. Bryce and Pam Dixon, 2215 Cabellaro Drive, filed a complaint about the City's snow plowing procedures. The snow is plowed on to the sidewalks, and the school kids have to walk in the street. The kids should not be walking in the street. The snow does not belong on the sidewalk. Dixon's sidewalk has been ruined because of the way the snow is plowed. There is a drain in front of Dixon's, and the City never cleans the drain. The drain gets plugged, and the water backs up on Dixon's sidewalk and property. Recently the City crew spread a gravel mixture on the slick streets, and they graveled Dixon's driveway all the way to their garage door. If the snow would be plowed back from the curb or gutter area approximately two feet, the drain could be kept open. The whole neighborhood on Cabellaro Drive drains in front of Dixon's, and they get a lot of water. Dixons are not going to pay to replace their sidewalk. The City policy is to plow curb to curb. This puts the snow on the sidewalk and into the yards. The purpose is to clear the area for the water to drain. When the City has tried to stay back a few feet and not cover the sidewalks, we have had a street width of ice because the water can not get to the drain. Pam Dixon said the City has made no changes to improve for twenty years, but the City fees have doubled. An exception is the new fire station, and that is an appreciated improvement. The City needs to do something about snow removal. The gutter and drain are not Dixon's responsibility, but the City does not take the responsibility. A main drain is by Dixon's, and it should be on the priority list to be maintained. Dixons contended that the snow should be plowed back from the sidewalk and curb. Then the drain could be kept open. The discussion continued regarding the snow problem and what to do about it. Engineer Manwill said that, throughout Bonneville County, they try to push the snow back on the road as far as possible to facilitate drainage. The drain by Dixon's is a French drain. When it is full, a pipe diverts the water out to Ammon Road. Public Works Director David Wadsworth did not realize there was a problem with the drain. The City Council instructed him to make sure the drain is open. Brad Pickett and George McDaniel, developers of Quail Ridge and The Cottages, were invited to the meeting to make a progress report on the new well up on the hill (Bit O'HeavenlWell No.9). George McDaniel reported to the Council. Bids City Council Meeting, January 17, 2002 - Page 3 have been received from the first contractor. The final bids should be back within the next two weeks, and the developers plan to get going on the well house. They will pay the power bills on the booster pump as submitted. A lot of water was used during the testing, but not so much water is being used now. Basically there are three homes on water at this time. The City Council agreed to monitor the future power bills on the booster pump and to determine if the developers need to continue paying. It was estimated that the project would take about three months. Work should begin on the pump house in March, and it will probably be June before the whole system is completed. George McDaniel agreed to keep the City informed. Terri Johnston, 3760 Georgia Lane advised the City Council that they were trying to decide about plans to rebuild their house. They do not know whether to build the exact floor plan or whether to change it. They are considering including a gymnastics area with a pit as part of the house. Terri submitted some sketch plans, and she discussed the plans with the City Council. She does not want to proceed without approval. The house would have a basement, a main floor, and an upper floor for bedrooms. The main floor living area would be about 1300 square feet. This does not count the garage or the gym. Terri wants to continue her home occupation permit to teach gymnastics. The home occupation requirements were discussed. She plans to conduct her gymnastics program the same as in the past. She has always had 80 to 100 students, but they never all come at once. She does one parents program a year, usually in May. It is held at Hillcrest High School or Sand Creek Middle School. If the square footage were figured on a three-story house, the gym would take a little more than 25%. The plans are to continue the same as she has been doing except to make the gym a part of the house instead of using the garage or building a separate facility. Councilmember Folsom moved to accept Terri Johnston's proposal to rebuild her house to include a gym, which would not take more than twenty-five (25) percent of the square footage of the living space on two floors of the house. Councilmember Anderson seconded the motion. Roll call vote: Folsom - Yes; Anderson - Yes; Waite - Yes. The motion carried. It was recommended that the Planning and Zoning Commission and the City Council consider changing the home occupation permit requirements to specify no more floor space than the equivalent of twenty-five (25) percent of the finished living area of the whole dwelling shall be used in the home occupation. Donald Yeary, 2279 Princess Drive requested a home occupation permit for Don's Custom Flies. He makes the flies in one room of his home. There are no employees, and there is no selling within the house. Council member Folsom moved to accept the home occupation permit for Donald Yeary, 2279 Princess City Council Meeting, January 17, 2001 - Page 4 Drive for custom fly tying. Council member Waite seconded the motion, Roll call vote: Folsom - Yes; Waite - Yes; Anderson - Yes. The motion carried. Keith Eckersell of Bonneville County presented the Sunnyside Road Right-of- Way Plat. He and Engineer Manwill explained why a plat is being used instead of individual deeds. This system works really well. It is a preferred way to do right- of-way instead of a series of deeds. A series of deeds is somewhat complicated when trying to acquire the right-of-way because the property description is by metes and bounds. A right-of-way plat accomplishes the same thing, and there is a picture to look at. Another thing, the plat will be signed by the three entities-- City of Idaho Falls, Bonneville County, and the City of Ammon. There is no question that is a public right-of-way. The plat is tied to section corners. There will still be deeds but the deed will refer back to the plat by a reference number. The deed is recorded as public right-of-way and all three entities are grantees of the deed. In the Old Ammon Town Site the road was shifted to the south so there was not any takes on those properties. The plat runs two miles. It starts at Ammon Road and runs to Holmes Avenue. Beyond that area the right-of-way will probably be done individually. Details of the plat were reviewed. Council member Anderson moved to approve the Sunnyside Road Right-of-Way Plat. Council member Folsom seconded the motion. Roll call vote: Anderson - Yes; Waite - Yes; Folsom - Yes; The motion carried. Mayor Ard signed the plat. Council member Anderson moved to take from the table the request for annexation of the property proposed for development by Wal-Mart and to reopen the discussion for Council consideration. Council member Waite seconded the motion. Roll call vote: Anderson - Yes; Waite - Yes; Folsom - Yes. The motion carried. The property being considered by Wal-Mart is one of the County islands the Council has discussed annexing whether or not Wal-Mart develops there. Attorney Anderson and Mayor Ard have discussed the issue. Our Attorney recommends proceeding with the annexation but to prepare the description of the property so it does not overlap into the City of Idaho Falls. If Ammon proceeds with the annexation, we may have to amend the description at some point in time. Attorney Anderson explained that the description is one prepared by Harper Leavitt and used for advertising the public hearing. Following the hearing, the Council approved the annexation, but we remembered the Memorandum of Understanding with City of Idaho Falls. The Memorandum states we would not annex any property that they had previously annexed. So we did not complete the annexation process. Attorney Anderson has added to the description prepared by Harper Leavitt so it reads, "Less and excepting therefrom that portion of the above description, if any, which has previously and heretofore been City Council Meeting, January 17, 2002 - Page 5 annexed by the City of Idaho Falls." Attorney Anderson has discussed the plan with Public Works Director Chad Stanger of City of Idaho Falls, and he has no objection. Jeff Freiberg of Harper Leavitt also indicated that this would be approved. Engineer Manwill has given his approval. If negotiations that are going on now are successful in acquiring some property, we will have to make some amendments. It would be the better procedure to go ahead with the annexation and City of Ammon's obligations. An amendment should not be too difficult. Attorney Anderson has prepared Ordinance No. 303 with the exception on the property description. Annexation is not complete until the ordinance is passed and published. The City Council voted to proceed with the annexation, but then it was tabled. Now that it is back for consideration the Council can proceed with the annexation or wait for further response. Jeff Freiberg explained that the Wal- Mart people have come up with a square footage of land that is in dispute with Eastern Idaho Technical College. It is about 8,000 square feet, and Wal-Mart has made an official offer of money to purchase. It was not known where the negotiations are. The Council decided to proceed with the annexation. Attorney Anderson introduced Ordinance No. 303 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; DETEMINING 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. (ACREAGE LOCATED EAST OF 25TH EAST, NORTH OF 17TH, SOUTH OF PROPOSED JOHN ADAMS PARKWAY). Ordinance No. 303 was read in full. 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. 303 be waived. Councilmember Waite seconded the motion. Roll call vote: Folsom - Yes; Waite - Yes; Anderson - Yes. The motion carried. Councilmember Folsom moved the adoption of Ordinance No. 303 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. The motion carried. City Council Meeting, January 17, 2002 - Page 6 Attorney Anderson explained to the City Council and to the news media representative the details of the property in dispute for the Wal-Mart development. The next item of business was the parking ordinance. Councilmember Anderson asked how much our old ordinance is changing. The details of the parking ordinance were discussed. Basically the change is to eliminate "no parking" of vehicles in residential areas. The purpose is to tighten up street parking of junk vehicles or non-operable vehicles for indefinite periods of time. The "no parking" signs will be removed from most of the residential areas. There will be a few areas of "no parking" and the City Council has the authority to designate other "no parking" areas if it is deemed to be advisable. The ordinance . specifies no parking of trailers of any kind, boats, recreational vehicles, or campers except for a temporary period of time. Councilmember Anderson recommended getting the word out to the residents. Council member Folsom explained that we are beginning enforcement by putting warning signs on the vehicles that are in violation. It was suggested that the annual newsletter contain parking information. Regarding motor vehicles with a gross vehicle weight greater than eight thousand (8,000) pounds refers to parking trucks and semis for periods of longer than eight (8) hours. There is to be "no parking" on arterial streets. Parking at Sonic Drive In was discussed. The parking fees will be set by resolution. Anderson Anderson introduced Ordinance No. 302 by title, AN ORDINANCE PROVIDING FOR THE REPEAL OF CHAPTER 4, TITLE 9 OF THE CODIFIED ORDINANCES OF THE CITY OF AMMON; PROVIDING FOR THE REPEAL OF CHAPTER 5, TITLE 9 OF THE CODIFIED ORDINANCES OF THE CITY OF AMMON; RENACTING CHAPTER 4 OF TITLE 9 TO PROVIDE FOR GENERAL PARKING RESTRICTIONS, PROHIBITING PARKING IN ALLEY'S, REGULATING PARKING IN RESIDENTIAL ZONES AND IN NON- RESIDENTIAL ZONES, PROHIBITING THE REPAIR OR STORAGE OF VEHICLES ON PUBLIC STREETS, PROVIDING FOR THE REGULATION OF A MANNER OF PARKING, PROHIBITING THE UNATTENDED MOTOR VEHICLES AND ABANDONED MOTOR VEHICLES OR PROPERTY ON THE PUBLIC STREETS, PROVIDING FOR THE IMPOUNDING AND THE PAYMENT OF STORAGE AND TOWING FEES FOR IMPOUNDMENT OF VEHICLES, ESTABLISHING PARKING ZONES AND DESIGNATION OF PARKING ZONES, PROHIBITING PARKING IN LOADING OR PARKING ZONES, PROHIBITING UNLAWFUL PARKING AND FROM GENERAL PARKING IN A DISABILITY PARKING ZONE, DESIGNATION OF DISABILITY PARKING SPACES, PROHIBITING UNAUTHORIZED PARKING ON PRIVATE PROPERTY, ENFORCEMENT OF PARKING REGULATIONS ON PUBLIC OR PRIVATE PROPERTY OPEN FOR PUBLIC USE, GIVING NOTICE OF PARKING City Council Meeting, January 17, 2002 - Page 7 VIOLATIONS AND PROVIDING FOR PENALTIES FOR THE VIOLATION THEREOF; PROVIDING FOR AN EFFECTIVE DATE. 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. 302 be waived. Councilmember Waite seconded the motion. Roll call vote: Folsom - Yes; Waite - Yes; Anderson - Yes. The motion carried. Councilmember Folsom moved the adoption of Ordinance No. 302 as an ordinance of the City of Ammon on its third and final reading. Council member Waite seconded the motion. Roll call vote: Folsom - Yes; Waite - Yes; Anderson - Yes. The motion carried. Councilmember Folsom moved to approve Resolution No. 2002-01, SUMMARY OF ORDINANCE NO. 302 to authorize the publication of Ordinance No. 302 by summary. Councilmember Waite seconded the motion. Roll call vote: Folsom - Yes; Waite - Yes; Anderson - Yes. The motion carried. Attorney Anderson explained that the title of the Summary is exactly the same as the ordinance. The Council has had discussions about the County islands that have not been annexed to the City of Ammon. There is a concern about fire and police protection for these areas. Mayor Ard said the areas have been recognized, and the Council needs to decide if we should proceed with annexation. The Council reviewed the location of the properties that would be involved. At the present time, water and sewer services are not available to some of the properties. Most of them, if not all of them, are connected to lona Bonneville Sewer District and would continue that service. In the future, should water service become available within three hundred (300) feet, the properties would be able to connect when their existing service warranted changing. Mayor Ard asked for a clarification of the connection fee. It was decided the property owner would be responsible to pay for all of the individual water service line, but the City would waive their connection fee. The City has already extended the water line along the north side of 1 ih Street from Ammon Road east to the new Eagle Pointe development. Plans were to recoup some of these costs as properties developed. Engineer Manwill has been working up a schedule for recouping costs. The properties along 1 ih Street, which are being considered for forced annexation, would probably not be included in recouping costs for their front footage on that water line. The City should look to recouping the costs from the undeveloped property back of 17'h Street. Connection fees for connecting to the lona Bonneville Sewer District can not be waived. City Council Meeting, January 17, 2002 - Page 8 Property owners need to receive adequate contact before any annexation procedures are started. A letter is to be mailed to each of the property owners to address the City's concerns and to explain why we want to annex their property. Personal contact should follow the letter. If there are no major objections, the City can proceed with annexation. The City Clerk was asked to draft a letter, and Councilmember Folsom asked to review the letter before it is sent. Councilmember Anderson reported on the Association of Idaho Cities Academy for City Officials held Friday, January 11, 2002. Council member Anderson, Councilmember Waite, and Councilmember Folsom attended the Academy. Councilmember Anderson learned a lot, and she voted that we take advantage of the opportunity to participate every time such a program is offered. Two items of interest were pointed out. A representative of ICRMP (Idaho Counties Risk Management Program) discussed the open meeting law and warned City Officials to observe it carefully. All meetings are subject to the open meeting law except Executive Sessions. It was indicated there would be no such thing as a work session because that should be an open meeting with a posted agenda. The agenda must be posted at least forty-eight (48) hours in advance of a regular meeting. Special meetings require a twenty-four (24) hour meeting and agenda notice. Another area of interest concerned the Planning and Zoning Commission. It was recommended that each city engages or appoints a City Planner who works with developers. Council members and Planning and Zoning Commission members should be cautious about meeting with developers prior to a public hearing. A procedure for a public hearing was recommended. First, the chairman makes an explanation of the purpose of the hearing. Second, the applicant presents the request. Any information gleaned by Commission members prior to the meeting should not be used in the decision making. Third, a City Planner presents pertinent information concerning the development. The ideal situation is to have a City Planner, however, this is not always possible for smaller cities. City of Ammon may want to implement some changes to take the place of a City Planner. There is a Planning and Zoning Workshop planned for March 16 in Pocatello. Tom Hunsaker had questions about meeting in advance with developers. He explained that City of Ammon Planning and Zoning Commission members do not meet with developers ahead of a hearing. They find out everything at the hearing. However, they do research our own Code and the State Code. What is most important is that the arguments need to be presented by the applicants. Meeting notices are to be posted in a public place. City Council Meeting, January 17, 2002 - Page 9 The terms of three members of the Planning and Zoning Commission will expire in February. The members are Tom Hunsaker, Dick Bybee, and Kevin Murray. Mayor Ard has talked to all of them and they have expressed a willingness to continue to serve. In addition Douglas Willden and Cindy Donovan have agreed to serve in the vacancies created by the election of Karen Anderson and Randy Waite to the City Council. Mayor Ard recommended that the City Council confirm the appointments. Councilmember Folsom moved to confirm the Mayor's recommendation to appoint Douglas Willden and Cindy Donovan as new members of the Planning and Zoning Commission and to reappoint Tom Hunsaker, Dick Bybee, and Kevin Murray. Douglas Willden will fill the vacancy of Randy Waite, which expires February 28, 2004, and Cindy Donovan will fill the vacancy of Karen Anderson, which expires February 28, 2003. Hunsaker, Bybee and Murray are reappointed for terms of three years to expire February 28, 2005. Councilmember Waite seconded the motion. Roll call vote: Folsom - Yes; Waite - Yes; Anderson - Yes. The motion carried. Reports: Fire Chief Nelson met with the Battalion Chief for Idaho Falls Fire Department regarding our repeater system. There are no advantages for Idaho Falls to be on the repeater for a TAC frequency. As to putting the repeater on the frequency we are now using, they said "No." City of Ammon has been trying to put the repeater on line so we hear the dispatch calls. The repeater makes it so we can hear, but we have to change frequency to get on to the frequency. Chief Nelson explained how the system works. It is not a good situation because our beepers are not going off. Captain Wilde may be able to shed some light on what opportunities are available. Rick Hafla of Teton Communications is good to work with. However, Teton Communication installed our repeater system. Indications are that Idaho Falls is working at requiring a monetary agreement. There was a discussion to help understand the problem and how to solve it. No solution was reached. David Wadsworth reported for Public Works. Councilmember Folsom informed the City Council that Bonneville County is dropping the Field Service Reports in the payment drop box. We need to watch for them and follow up on any recommended actions. We budgeted to contribute $1500 for Fiscal Year 2002 to the Eastern Idaho Development Council. Claims were approved. Councilmember Anderson moved to adjourn the meeting, and Councilmember Folsom seconded the motion. The meeting was adjourned at 9:50 p.m. Mayor Attest