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Council Minutes 09/20/2001 CITY OF AMMON September 20, 2001 Minutes of the Regular Meeting of the Mayor and the 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 W. Lee Bean Council member Leslie Folsom Council member Ira K. Hall Attorney W. Joe Anderson Engineer Bill Manwill Fire Chief Clarence Nelson City Clerk Aleen C. Jensen Others Present: Todd and Terri Johnston, 3760 Georgia Lane Sgt. Greg Black, Bonneville County Sheriff's Deputy Randy Waite, 2235 Cabellaro Drive, Ammon Rashel Cushman, 1985 Eagle Drive Rose Dyeus Absent: Council member Harvey Crandall Public Works Director David Wadsworth Mayor Ard led the Pledge of Allegiance to the Flag and Councilmember Hall offered a prayer. Rashel Cushman, 1985 Eagle Drive. requested a home occupation permit for "The Medicine Wheel". She does tarot reading and sells botanical blends. The botanicals are personalized for every occasion. A variety of occasions are romantic, friend, business, humorous, and seasonal. The ingredients are all natural. People come to her house to purchase. They can purchase either a gift basket or an individual container. She does not do massage. Massage may be something in the future. She uses a small space in her basement for the home occupation. She has had fifteen years experience in tarot reading. Recently she lived in Lewisville, and she operated her business there. Business there was really slow. She can comply with all the requirements of a home occupation except she and a partner own the business. There was a question about whether or not a partnership could qualify as a home occupation. She does not have any employees. Attorney Anderson was asked to make a determination as to whether or not the Medicine Shop could meet the qualifications specified in C.C.10-7-8(A) City Council Meeting, September 20, 2001 - Page 2 "No employment of help, other than the members of the residing family." Action on the request was deferred until next City Council Meeting, October 4, 2001. Sgt. Greg Black, Bonneville County Sheriff's Deputy assigned to Ammon, discussed the speed limit signs. People are confused about the signs, and it is understandable. The Council discussed the proper placement of speed limit signs. Engineer Manwill and Sgt. Greg Black were urged to make judgement calls on where to place speed signs and to make a recommendation to the City Council. The speed limit in the City residential area is 25 mph unless otherwise posted. There have been traffic problems near Sonic Drive-In. Sunnyside Road is extra busy during school time. Sgt. Black is trying to work mostly days. Terri Johnston, 3760 Georgia Lane, was asked to come back to City Council Meeting to review her current home occupation permit. It was renewed December 5, 2000, for the year 2001. The Council questioned Terri about her gymnastic classes. She teaches a class in the morning from 7:30 a.m. to 8:30 a.m. four days a week, and she teaches classes after school until about 6:30 p.m. on Mondays and Wednesdays. Classes are taught in her garage. She uses three mats, which are six feet by twenty feet. She would like to move out of her garage, but she has not figured out something else. The number of students is not a problem unless there are neighborhood complaints. The major issue is C.C. 10-7 -8 (B) "No more floor space than the equivalent of twenty five (25) percent of the ground floor area of the dwelling shall be used in the home occupation." It was calculated that she uses about 27.69% of her ground floor area. There have been no problems reported about her home occupation. Councilmember Hall moved to allow Terri Johnston to continue her home occupation permit. Council member Bean seconded the motion. Roll call vote: Hall - Yes; Bean - Yes; Folsom - Yes. The motion carried. Councilmember Folsom moved to approve the minutes of City Council Meetings held June 7, June 21, July 12, and July 26, 2001. Councilmember Hall seconded the motion. Roll call vote: Folsom - Yes; Hall- Yes; Bean - Yes. The motion carried. Attorney Anderson introduced Ordinance No. 296, ANNUAL APPROPRIATION BILL OF 2002, AN ORDINANCE PROVIDING FOR THE ANNUAL APPROPRIATION FOR THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO; FOR THE APPROPRIATION OF THE SEVERAL FUNDS AND THE PURPOSES FOR WHICH APPROPRIATED DURING THE FISCAL YEAR 2002, COMMENCING OCTOBER 1, 2001, AND ENDING SEPTEMBER 30, 2002, AND PROVIDING FOR THE AMOUNT APPROPRIATED FOR SUCH FUNDS. The ordinance was read by title and each section was explained. The ordinance was then read in full. City Council Meeting, September 20,2001 - Page 3. 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 be waived. Councilmember Bean seconded the motion. Roll call vote: Folsom - Yes; Bean - Yes; Hall- Yes. The motion carried. Council member Folsom moved the adoption of Ordinance No. 296 as an ordinance of the City of Ammon on its third and final reading. Councilmember Bean seconded the motion. Roll call vote: Folsom - Yes; Bean - Yes; Hall- Yes. The motion carried. Attorney Anderson introduced Ordinance No. 295, AN ORDINANCE TO AMEND THE ZONING CLASSIFICATION AND THE ZONING MAP FOR CERTAIN LANDS LOCATED WITHIN THE CITY OF AMMON; PARTICULARLY DESCRIBING SAID LANDS AND DECLARING THE CLASSIFICATION OF ZONING FOR EACH SUCH PARCEL OF LAND; PROVIDING FOR AN EFFECTIVE DATE. (COTTAGES SUB-DIVISION). The ordinance 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 be waived. Council member Hall seconded the motion. Roll call vote: Folsom - Yes; Hall- Yes; Bean - Yes. The motion carried. Councilmember Folsom moved the adoption of Ordinance No. 295 as an ordinance of the City of Ammon on its third and final reading. Roll call vote: Folsom - Yes; Hall- Yes; Bean - Yes. The motion carried. Attorney Anderson introduced Ordinance No. 297, AN ORDINANCE TO AMEND THE ZONING CLASSISFICATION AND THE ZONING MAP FOR CERTAIN LANDS LOCATED WITHIN THE CITY OF AMMON; PARTICULARLY DESCRIBING SAID LANDS AND DECLARING THE CLASSIFICATION OF ZONING FOR EACH SUCH PARCEL OF LAND; PROVIDING FOR AN EFFECTIVE DATE. (EASTGATE DRUG AND BRIARWOOD SUB-DIVISION) This ordinance includes the rezone for Eastgate Drug property on the corner of 17th Street and Midway Avenue and the rezone of some of Briarwood, which was formerly part of the Lawrence Ricks farm. The legal descriptions of the rezoned parcels were explained. Ordinance No. 297 was read in full. Council member Folsom moved that the City Council dispenses with the rule requiring the ordinance to be read on three different days and that the three readings be waived. Councilmember Hall seconded the motion. Roll call vote: Folsom - Yes; Hall- Yes; Bean - Yes. The motion carried. City Council Meeting, September 20, 2001 - Page 4 Council member Folsom moved the adoption of Ordinance No. 297 as an ordinance of the City of Ammon on its third and final reading. Councilmember Hall seconded the motion. Roll call vote; Folsom - Yes; Hall - Yes; Bean - Yes. The motion carried. Resolution 2001-06 was introduced. This is A RESOLUTION AMENDING, MODIFYING, COMPILING AND REPUBLISHING THE RATES TO BE CHARGED BY THE CITY OF AMMON FOR WATER, SEWER AND GARBAGE SERVICES; ESTABLISHING THE RATES AND FEES FOR CONNECTION TO THE WATER AND/OR SEWER SERVICES; PROVIDING FOR DEPOSITS FOR UTILITY SERVICE CONNECTIONS; PROVIDING FOR DELINQUENT PAYMENT PROCEDURES; PROVIDING FOR OWNER'S RESPONSIBILITY FOR UTILITY SERVICE FEES AND CONNECTION FEES ON MULTI-USE OF SINGLE CONNECTIONS, PROVIDING FOR RECISSION AND REPEAL OF ALL RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR AN EFFECTIVE DATE. The changes were reviewed at the last City Council meeting and Council member Folsom explained the changes again at this meeting. Councilmember Folsom moved to adopt Resolution NO.2001-06 as a resolution of the City of Ammon. Councilmember Hall seconded the motion. Roll call vote: Folsom - Yes; Hall - Yes; Bean - Yes. The motion carried. It was noted that the lona Bonneville Sewer District has approved a seventy- five cents ($.75) raise in their sewer rates. There have been some problems with timely assignment of street addressing in new developments. Bonneville County Planning and Zoning wants a street address before we send the building permit plans to them for checking. Engineer Manwill reported that the addressing is almost up-to-date. The council wondered if some one else besides the Engineer could assign the addresses. Engineer Manwill is still responsible, and he would like to continue to do the addressing as long as he can. Councilmember Bean had observed the traffic situation at Hillcrest High School and Sand Creek Middle School since the completion of the Owen Street project. It is much better than before. We still need to add some signage. A major concern is the use of Carolyn Lane by the buses. Councilmember Bean received a letter from Roger Hill for the School District. The letter was very upsetting and parts of it were read to the City Council. The buses have refrained from using Carolyn Lane but they are going to resume using Carolyn Lane. Councilmember Bean plans to get back with Roger Hill. The City has control of City Council Meeting, September 20,2001 - Page 5 the roads. Our relationship with the school officials is a little strained at this time, but we need to get back together to work out our problems. The safety issue of students who have to cross Sunnyside Road to get to school is still a concern. We are not able to put in a signal light at this time. Council member Folsom did some checking about crossing guards. The use of crossing guards was discussed. Crossing guards are the school's responsibility. The crosswalks need to be marked better. Sidewalks are not the City's responsibility. A developer is responsible to put in the sidewalks, and when they are finished, they become the property owner's responsibility. The City will allow the use of Carolyn Lane for the time being. It was suggested we have a committee composed of school representatives and City representatives that meet regularly to keep up with issues that are of concern to both entities. Unfinished Business: The residents of Pheasant Estates have been paying for water and sewer service at the same rate as apartments. The units are classified as condominiums and are individually owned. It was determined that their billing should be changed to the regular rate. Mayor Ard discussed the Bit 0' Heaven Well, which is planned to serve Quail Ridge. It may be advisable to set a time for the pump to be in. The power billing for the booster unit is now in the City's name. The City will probably have to plan to fence the well property. On a recent trip, Council member Hall observed an eye catching school zone sign at Irwin, Idaho. He suggested City of Ammon consider something similar for Sunnyside Road. He will discuss the idea with Public Works Director Wadsworth. Council member Folsom is working on the revisions to the parking ordinances. The Planning and Zoning Commission has been given authorization to proceed with annexation of the county islands. Attorney Anderson reported that the release of one of the Development Agreements on the Anderson Lumber Company/Oak Ridge property was pending. The legal descriptions on the two agreements do not coincide. Details are being worked out with the Title Insurance Company. Reports: Chief Nelson reported for the Fire Department. The department responded to a call on the Suitter property. The BLM grant is starting to come in, and the repeater is coming together. Chief Nelson asked who is responsible to City Council Meeting, September 20,2001 - Page 6 raise the fire hydrants up on the hill in Quail Ridge Addition. It is the developer's responsibility. Intelligence information has revealed that terrorist activities and plans may include theft of fire department and emergency service vehicles for use as car bombs in attacks against military installations. It is requested that fire departments and emergency service organizations report immediately any missing or unaccounted for vehicles. All of our volunteer firemen have been alerted that a fire truck is not to leave the station without permission or it will be reported as stolen. There was a discussion on the adequacy of our fire trucks. Truck NO.32 has a leak. Ammon has experienced a lot of commercial development, and we anticipate more. It would be advantageous to have a ladder truck, but it is not feasible for us to purchase one. Consideration has been given to working out an agreement with the City of Idaho Falls to share a ladder truck. It will soon be time for fire ratings, and we need to maintain equipment to keep our rating. Pumping capacity affects the rating, and we are borderline on our pumping capacity. Chief Nelson encouraged the city officials to consider purchasing a new truck to assure that we can continue to provide good fire protection. Councilmember Hall move to put together specifications and to advertise for bids for a new fire truck with 1500 gallon pumping capacity. Councilmember Folsom seconded the motion. Roll call vote: Hall - Yes; Folsom - Yes; Bean - Yes; The motion carried. As requested by the Council at their last meeting, Attorney Anderson wrote a letter to Alcohol Beverage Control regarding revoking the three liquor licenses that are issued illegally. A copy of the letter is attached to these minutes. (Exhibit A) Dennis Vance, a former employee has filed a tort claim against the City over his termination of employment. Idaho Counties Risk Management (ICRMP) is investigating the claim. A new fax machine has been purchased for the city office. There was a question about what to do with the old machine. The resale value is low and Attorney advised it should not be sold to the city officials or employees. It was decided to donate it to a worthy organization. Council member Bean discussed garbage collection regulations. We have experienced some problems lately, and residents are using large containers, and containers that are not substantial. He proposed to write a letter to be sent to every resident to outline our policies and regulations. City Council Meeting, September 20, 2001 - Page 7 Councilmember Hall reported that a developer is interested in building an apartment complex on Ricks' property east of Edwards Theatre. The preliminary plans were presented to the Planning and Zoning Commission. It appears to be a good project, and the plans for the first phase are for 120 units. Engineer Manwill reported there was a slip up on the width of Ammon Road on the Briarwood Division No.4 plat. It is shown as 45 ft. of right-of-way instead of 50 ft. of right-of-way. It may be possible to get Jay Johnson to amend the plat. There was a discussion about Hitt Road improvements for the proposed convenience store development on the corner of Hitt Road and Sunnyside Road. City of Idaho Falls has annexed Hitt Road, but they will not pay on development. Improvements need to be the developer's responsibility. There was a question about whether City of Ammon could require a developer to develop a road that is outside of the City. Engineer Manwill discussed the Sunnyside Road project. There is a meeting regarding the status of the project on October 3, 2001 at 9:00 a.m. Plans are that the bridges will go in this fall. Bonneville County and City of Ammon are pushing the project. They want to see the road built. They hate to wait and chance that there won't be funding to do the project. The rights-of-way are not in place. Construction costs have not changed much. The costs to obtain right-of-way have increased. Also, environmental costs have increased. Councilmember Folsom moved to adjourn to an Executive Session. Councilmember Bean seconded the motion. The regular meeting was adjourned at 10:10 p.m. Mayor Attest City Clerk '. Exhibit A - City Council Meeting, September 20, 2001 , . ~ JV~ :Yt/dI Jmdk~ g>st ATTORNEYS W. Joe Anderson Douglas R. Nelson Blake G. Hall Marvin M. Smith* Scott R. Hall Joel E. Tingey Steven R. Parry* Brian 1: Tucker Jeffery W. Banks Steven G. Loertscher 490 MEMOAIAL DRIVE POST OFFICE BOX 51630 IDAHO FALLS. IDAHO 83405-1630 TELEPHONE (208) 522-3001 FAX (208) 523-7254 E-MAIL anhs@anhs.net September 14,2001 . Also member 01 Utah bar IDAHO STATE POLICE Alcohol and Beverage Control P. O. Box 700 Meridian, ID 83680-0700 Re: Ammon City Liquor Licenses Dear Sirs: You have had previous communications with representative, Lee Gagner, and City of Ammon officials concerning the issuance of liquor license for the sale of liquor by the drink in Ammon issued 12-01-00,2-20-01, and 3-01-01. As City Attorney for the City of Ammon, I am writing to make further inquiry concerning several points involving the issuance and utilization of those licenses. None ofthese pre-licenses have been placed in service. Your letter addressed to representative, Lee Gagner, stated that the Department as of June 4,2001 has required that all licenses issued must be placed in service as required by the Code. The Code, of course, requires the licensing to be placed in service at the time of issuance. This was not done, and has not been done. Further information received was that there was a ninety (90) day extension given for the licenses to be placed in service. Following the expiration of the ninety (90) day period information was received that another sixty (60) day extension had been granted. Could you advise under what authority the extension is granted in derogation of the Code requirement. An application for retail sale license requires a detailed description of the premises for which the license is sought and its location. None of the three applications could have fulfilled that requirement as they did not have a location and still do not have a location. In issuing the license the director could not have met the requirements of the Code in determining that the premises are suitable for the carrying on of the business. Another requirement or limitation is that a person shall be granted no more than one license in any city for anyone year. No person holding a license shall have a financial interest in another license. I understand that the two licensees, Daniel A. Ruddell and Vicky LeAnn Ruddell are husband and wife and under the community property laws each would have an interest in the operation of the other, which would be a violation of that provision. .. September 14, 2001 Page 2 The applicant for a license also is required to have a valid retail beer license. We do not think that there has been a valid beer license issued to any of the three applicants for whom the liquor licenses were issued. The city officials would like to know why these licenses have not been revoked since they were issued without proper authority. If they are to be considered validly issued, then why should an extension be granted and why have these not been revoked to be made available to those who could legitimately apply and receive a license. We would request a prompt response outlining what your procedures shall be. Sincerely yours, ~~~~ CITY TTORNEY cc: Mr. Victor A. Ramirez Dep. Atty General STATE OF IDAHO Criminal Law Division P. O. Box 700 Meridian, ID 83680-0700 WJAlvlm L:\WJAIDOII\amm0n4.LTR.wpd Exhibit B - City Council Meeting, September 20, 2001 (Added to provide information on utility billing for Pheasant Estates) r4 / A / I /V~ / / 1/ . ~/ (]7) r4 w. Joe Anderson ~ JY~ olaU J~~ ';J-:~. Douglas R. Nelson ATTORNEYS Blake G, Hall Marvin M. Smith* Scott R. Hall Joel E. Tingey Steven R. Parry* Brian T. Tucker Jeffery W. Banks Steven G. Loertscher November 6, 2001 490 MEMORIAL DRIVE POST OFFICE BOX 51630 IDAHO FALLS. IDAHO 83405-1630 TELEPHONE (208) 522-3001 FAX (208) 523-7254 E-MAIL anhs@anhs.net The Mayor and City Council City of Ammon 2135 South Ammon Road Ammon, Idaho 83406 . Also member of Utah bar Dear Mayor and City Council: The scheduled utility rates for the City of Ammon provide for a monthly water charge for city services for single family residentialltownhouse/condominiumlmobi1e home/manufactured home/apartments-two units or less per building to be in zones other than RP & RPA $18.25 per month. Apartment buildings of three or more units per building are to be charged per unit $12.50 per month. The residents in Pheasant Estates who own their property in condominium ownership have objected to the application of the $18.25 per month where their units are substantially similar to apartment units and there are three or more in each building in the complex. The question before the council is whether or not property should be charged by the manner in which it is owned or the manner in which it is used. Condominiums are defined by the Idaho Code 55-101(b) as: "A condominium is an estate consisting of (i) an undivided interest in common in real property, in an interest or interest in real property, or in any combination thereof, together with (ii) a separate interest in real property, in an interest or interest in real property, or in any combination thereof." The Code has no statutory definition of apartment but the dictionary definition is: that an apartment is a room or a combination of rooms designed for dwelling use along with other such units in a building. Apartment units also contemplate the use of the common areas such as the driveways, entrances, parking, hallways and other such amenities as a particular unit would furnish. In times before the condominium concept became popular a common use in some areas was the cooperative apartment wherein the tenant would own the actual apartment unit but would operate it in conjunction with the other tenants while the overall title was held by the apartment building owner. This in use is almost identical to the condominium concept. In legal situations we often have the argument of "substance" versus "form". This is designed to determine matters by what is done rather than what is said. The owners of the units is Pheasant Estates are using them in a manner indistinguishable from an apartment complex and when we November 6, 2001 Page 2 look to the "substance" of the use rather than the "form" of the titled ownership I think the rate for the apartment of three or more in a building would apply. As a caveat perhaps it would be well to review the resolution and put the phrasing that would include condominiums in the three or more units per building. Perhaps this should include a limitation on the size of such units and if the square footage of the apartment or condominium in such a unit exceeded a designated amount then the higher fee would be charged to correspond to the residential. Sincerely yours, -7/GZ::;~~~ /' / / <.....-/ W. Joe Anderson L:\WJA\OOll\nov5.1tr.wpd