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Council Minutes 06/07/2001 CITY OF AMMON June 7,2001 Minutes of the Public Hearings 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 Councilmember W. Lee Bean Councilmember Harvey L. Crandall Councilmember Leslie Folsom Council member Ira K. Hall Attorney W. Joe Anderson Engineer Bill Manwill Public Works Director David Wadsworth Fire Chief Clarence Nelson City Clerk Aleen C. Jensen Deputy Clerk Connie R. Guymon Others Present: Alan Cunningham, Mountain River Engineering Tom Hunsaker, 2925 Carolyn Lane, Ammon Mark Johnson, Rockwell Homes Robert and Paula Loveland, 2795 Romrell Lane, Ammon Jason and Millie Brown, 3435 Rich Lane, Ammon Glenda and Stephanie Alder, 3760 Geneva Drive, Ammon Jerald and Robin Knight, 3265 Owen Street, Ammon Laurie Welker, 2835 Romrell Lane, Ammon Randy Trane, 2325 Cabellaro Drive, Ammon (Realtor) Councilmember Folsom led the Pledge of Allegiance to the Flag and Councilmember Bean offered a prayer. Mayor Ard opened the Public Hearing of the City Council acting as the Board of Adjustment to consider the request of Jason and Millie Brown, 3435 Rich Lane, for a side yard variance to allow them to build a single-car garage. Notice of the Hearing was published in the Post Register on May 22 and May 29, 2001. Also, notices of the hearing were mailed to property owners within three hundred (300) feet and to other interested parties. Parties in interest were sworn in to present testimony. The Planning and Zoning Commission considered the request at their meeting on May 1, 2001. Tom Hunsaker reported that the Brown property is on the east side of Rich Lane. Their lot is sixty (60) feet wide rather than eighty (80) feet, which is currently City Council Meeting, June 7,2001 - Page 2 required in the R-1 zone. They do not have a garage, and the other houses in the area do have garages. The Planning and Zoning Commission recommended approval of a side yard variance because of the lot width. The property owners showed a sketch of how they would like to build a garage. Their plans were discussed with the City Council, and it was pointed out how their property and plans relate to the adjacent properties. Mayor Ard asked if the Browns had talked to the property owner on the south who would be most affected. The City Clerk reported that a Notice of Hearing was mailed to that property owner, Glen Fullmer. Mr. Fullmer called the City Office and discussed the details of the request. He advised the City Office that Risa Trane handles the property management, and he would discuss the request with her. Randy Trane represented his wife, Risa, and he reported the adjacent property owner, Glen Fullmer, does not have a problem with allowing Browns to build a garage within four and one-half feet of their property line. There was no additional public input. Mayor Ard closed the Public Hearing and called for further Council discussion. The Council had no further questions. Councilmember Folsom moved to approve the side yard variance for Jason and Millie Brown, 3475 Rich Lane, to enable them to build a single-car garage. Councilmember Crandall seconded the motion. Roll call vote: Folsom - Yes; Crandall - Yes; Bean - Yes; Hall - Yes. The motion carried unanimously. Mayor Ard opened the Public Hearing of the City Council acting as the Board of Adjustment to consider the request of Rex and Ilene Purcell, 3415 Molen Street, for a variance to allow them to sell off a lot with a frontage of seventy-five (75) feet. Notice of Hearing was published in the Post Register on May 22 and May 29, 2001. Also, notices of the hearing were mailed to property owners within three hundred (300) feet and to other interested parties. Parties in interest were sworn in to present testimony. Tom Hunsaker reported on the recommendation of the Planning and Zoning Commission. The Purcell property is located on the north side of Molen Street between Central Avenue and Meadow Lane. The property owner would like to sell off a lot. Their house sits near the corner of Molen Street and Meadow Lane, but it is too far west on Molen to divide off enough to make a lot with eighty (80) feet of frontage. There were no neighbors who expressed opposition at the Planning and Zoning Commission meeting. The Commission recommended approval, but two of the members voted against. Councilmembers pointed out there are several lots in the area which have frontages of seventy-five (75) feet or less. There are various lot sizes in the original townsite of City Council Meeting, June 7, 2001 - Page 3 Ammon. If the variance is approved for less than the required frontage, whoever builds a house on the lot needs to observe the seven and one-half side yard requirement for the R-1 zone. Randy Trane, realtor, represented the property owners who were out of town. They do not have a buyer for the lot. They are older, and it is becoming hard to keep up with a large yard. They feel it would be better to sell some of their property off than to let it go to weeds. Randy Trane oriented the Council to the boundaries of the Purcell property. There were no further questions so Mayor Ard closed the Public Hearing. Councilmember Hall commented that he could understand the variance for four and one-half feet, which the Council just approved for Browns because they probably need a garage. This request for a variance by Purcells is for a lot with seventy-five (75) feet of frontage so they can sell it to someone to build a house on. There is another lot of seventy-five (75) feet over on Central Avenue, which someone may want to build a house on. If the Council grants the Purcell variance, will the Council also allow someone to build a house on the Central Avenue lot of the same size? Once the Council gets into this they are setting a precedent. It is not known if such an action can be limited to the original townsite. It is a concern when someone comes to the City and says, "My neighbor did it." Attorney Anderson said the City Council is following the pattern of the neighborhood. Councilmember Hall explained from his experience that when the City Council grants a variance they get in trouble. Somewhere down the line it comes back to haunt us. Councilmember Crandall stated that the City has to do something or they end up with a vacant lot and a weed patch. The Purcell property is presently planted in grass. Council member Hall further stated that he wanted all to understand where, in his opinion, this could lead. The owners are making a new lot. Councilmember Folsom called attention to the problem with dividing off lots differently than they are originally approved or platted. The Planning and Zoning Commission has added to the zoning ordinance that, if a plat is amended, the owner has to replat and file an amended plat. Attorney Anderson stated that an owner can sell a portion of a lot. He advised that you do not need to replat to sell a piece of a lot. You can sell the east half or the west half of a lot by metes and bounds or the footage rather than making a complete new lot out of it. Council member Folsom did not agree. According to the recent ordinance revisions a replat would be required. Attorney questioned whether or not the City would be able to enforce such a requirement. Randy Trane commented that the City would be a lot better off to have a nice home on a smaller lot than to have a neglected vacant lot. Councilmember Crandall moved to grant the variance for Rex and Ilene Purcell, 3425 Molen, to allow them to divide off a lot with a frontage of seventy-five (75) feet. City Council Meeting, June 7,2001 - Page 4 Council member Folsom seconded the motion. Roll call vote: Crandall - Yes; Folsom - Yes; Bean - Yes; Hall- No. The motion to approve the variance carried. Tom Hunsaker reported on the actions recommended by the Planning and Zoning Commission at their meeting on June 5,2001. There were six items on their agenda, and three of the items were public hearings. The first item concerned the annexation of Lot 2, Block 1 Bit Q'Heaven. This is the well lot for Quail Ridge estates and Hillpoint properties (21 st Street). The Commission recommended approval. Councilmember Crandall questioned "Why?" The City Council understood that the well was going to be up higher. Public Works Director Wadsworth explained the problem is the fault line. There is a fault line that separates two aquifers. This is a better water supply. The Council was concerned about how the City was going to get the water up the hill to handle Quail Ridge. Quail Ridge will be fed up. Engineer Manwill explained there would be booster pumps in the line coming from the City system. The City system will serve as a back up if the proposed system goes down. Councilmember Crandall asked Engineer Manwill if he recommends the location on Scenic Drive. The response was that he thought it was okay for the well. The developers are putting in a pump to pressurize for Quail Ridge. If the City ends up with a storage tank farther up, the City could use the same pump or another pump to pump water up to the storage tank. The storage tank would provide the pressure for the entire system. The Council reviewed the map to orient themselves to the exact location, which is at the corner of Scenic Drive and East 21 st Street. Councilmember Bean said this is somewhat of a surprise. The City originally talked about a lot to have the well and the storage tank at the same location. If a tank is to be somewhere besides the well lot, are the developers giving the City a site for a tank on the hill or will the City need to purchase it? If the City goes with the proposed well site, we need to negotiate for somewhere to put the City tank. Another question was who is putting the well in? The developers are putting the well in. Engineer Manwill explained that Quail Ridge needs a smaller well, but they are putting a bigger casing in and putting smaller pumps on. The City will pay for the extra size on the well itself. When the City needs to upsize, they will be able to pull the small pumps and put in the larger pumps. Councilmember Bean restated that the City is to pay for the extra size on the diameter, and the developers are putting in the booster pumps below at their expense. It is understood that the well lot consisting of 1.6 acres will be deeded to the City. Engineer Manwill said originally it was planned to put the well and the storage tank up where the irrigation wells are. However, to cross over the fault and to get in the other aquifer, no matter how big of a well you put in, you would probably not be able to get 3,000 gallons of flow. This is a better site for the flow because the flow is guaranteed. City Council Meeting, June 7,2001 - Page 5 The Council agreed that a site for a tank needs to be deeded to the City before the annexation is approved. The study that Benton Engineering is working on will identify the best spots for the tank. The deadline for the completion of the study is September. The developers can go ahead to drill the well and to develop their whole water system without the well site being annexed because it is their system until the City takes it over. Attorney Anderson advised the Council to approve the well lot for annexation and to hold the annexation pending the determination of the storage tank site. This will eliminate the necessity to hold another public hearing. Councilmember Hall moved to approve Lot 2 Block 1 Bit 0' Heaven for annexation for the Quail Ridge well site and to hold the annexation pending the determination of the storage tank location. Council member Folsom seconded the motion. Roll call vote: Hall - Yes; Folsom - Yes; Crandall - Yes; Bean - Yes. The motion carried unanimously. It is between the developer and the results of the study being done to make a recommendation to the City Council of an acceptable site for the water storage tank. The second item of business considered by the Planning and Zoning Commission was annexation of 2.3 acres on the west side of The Cottages Division No.2, which was inadvertently left out of the original annexation, as shown on the Preliminary Plat. The Commission held a Public Hearing and they recommended approval of the annexation to correct the error. Councilmember Crandall moved to approve annexation of 2.3 acres on the west side of The Cottages Division NO.2 to correct the error in the original annexation, and on the Preliminary Plat, subject to the original development agreement. Councilmember Folsom seconded the motion. Roll call vote: Crandall - Yes; Folsom - Yes; Bean - Yes; Hall - Yes. The motion carried unanimously. The third item of business before the Planning and Zoning Commission was a Public Hearing to consider rezone from R-1 A to PB of the proposed Lot 1, Block 4 and the proposed Lot 43 Block 1 of the proposed Briarwood Division No.4. This is proposed for a temporary Ammon Post Office. Councilmember Folsom explained that it was not supposed to be disclosed until things were more finalized. What happened was, when Postmaster Jeff Cole reported that the Post Office had pulled back on our City Building, Councilmember Folsom started calling around to a lot of people to come up with an alternate plan. When she contacted Jay Johnson, he was wonderful. She met with the Postmaster and Jay Johnson to see if there was any kind of agreement on land on a rental basis for a post office. They came up with phenomenal plan, but Washington put the skids on it. Anything that cost anything whatsoever would not be acceptable. Jay Johnson was very agreeable, and he said he would do anything to get a post office for Ammon. Jay made an even better offer to the Post Office. The Postmaster was excited about the new offer, but Councilmember Folsom has not heard back. City Council Meeting, June 7, 2001 - Page 6 The Council was oriented to the area proposed for rezone. Some of the neighboring properties are interested in being included in the rezone, but they were not included in the Public Hearing. The Planning and Zoning Commission recommended approval of the rezone as advertised. Council member Bean moved to approve the rezone from R-1A to PB of the proposed Lot 1 Block 4 and the proposed Lot 43 Block 1 of the proposed Briarwood Division NO.4. Council member Hall seconded the motion. Roll call vote: Bean - Yes; Hall - Yes; Crandall - Yes; Folsom - Yes. The motion carried unanimously. The fourth item of business considered by the Planning and Zoning Commission was the Final Plat for The Cottages Division No.2. Alan Cunningham of Mountain River Engineering assisted Tom Hunsaker with orienting the City Council about the plat. The Commission recommended approval. The Final Plat includes the 2.3 acres approved for annexation. The City of Idaho Falls has not signed the Final Plat for The Cottages Division NO.2. The City of Idaho Falls has seen the Final Plat, and they have requested some changes. The changes have been made, but the plat has not been resubmitted to Idaho Falls. Council member Hall moved to accept the Final Plat for The Cottages Division No. 2 subject to the approval signatures on the development from the City of Idaho Falls. Council member Bean seconded the motion. Roll call vote: Hall - Yes; Bean - Yes; Crandall- Yes; Folsom - Yes. The motion carried unanimously. The fifth item of business considered by the Planning and Zoning Commission was a review of the Final Plat for Wood Division No.1. The Commission agreed that the cul-de-sac, as recommended in the original plans, could be removed. Also, the plat indicates a right-of-way of ninety (90) feet for Ammon Road. The right-of-way is one hundred (100) feet so the right-of-way as shown on the plat should be increased five (5) feet or from forty-five (45) feet to fifty (50) feet. It was recommended that the Final Plat be approved with the changes. Council member Bean moved to approve the Final Plat for Wood Division No. 1 removing the cul-de-sac and increasing the right-of-way to fifty (50) feet. Council member Hall seconded the motion. Roll call vote: Bean - Yes; Hall - Yes; Crandall- Yes; Folsom - Yes. The motion carried unanimously. The last item of business considered by the Planning and Zoning Commission was the First Amended Plat of Briarwood Division No.2. This is a replat of the division to cleanup some lot lines and decrease the number of lots. The change makes eight lots into six lots, and the Planning and Zoning Commission recommended it for approval Council member Bean moved to approve the First Amended Plat for Briarwood Division NO.2. Councilmember Crandall seconded the motion. Roll call vote: Bean - Yes; Crandall- Yes; Hall- Yes; Folsom - Yes. The motion carried unanimously. City Council Meeting, June 7,2001 - Page 7 Connie Guymon, Deputy Clerk, discussed the Youth Delegates to the Ale Idaho Youth Leadership Conference (IYLC), "Building Bridges for Our Future," which runs concurrently during the annual AIC Conference, June 12-15 in Nampa. Two girls will represent the City of Ammon. Stephanie Alder was introduced as one of the delegates from Ammon. It was suggested that next year that we send two boys as delegates. Approval of the minutes of City Council Meeting held May 17, 2001, were delayed until the next meeting to give the City Council the opportunity to read them. Mayor Ard had a discussion with Attorney Anderson about what action is to be taken regarding the two storage units/sheds at 3275 Owen Street. The date when the sheds were to be removed has come and gone and the sheds are still there. Mayor Ard asked Attorney Anderson to explain to the Council what our next steps are. Attorney Anderson advised that we have the choice of two actions. If the storage sheds are alleged be a nuisance or if a petition is made that the storage sheds are a nuisance, a hearing can be held. Following the hearing, if it is determined a nuisance exists, then the City can take action to move the storage sheds or to order them moved. The other alternative would be to bring an action based upon the agreement that was made last fall to leave them there and not forcing them to be moved but they would be moved by June 1. It was indicated at the last City Council meeting that the owners of the sheds felt that was improper and they did not intend to comply with the agreement to move the sheds. The ultimate action would be court action. The nuisance option is a hearing before the City Council to determine if it is a nuisance by hearing the testimony and the evidence that is presented. Then it is a decision of the City Council to determine whether or not a nuisance exists. If it is determined a nuisance exists, then the City Council can order action. If the owners do not take the action, then the City Council can take the action to abate the nuisance. That could also end up in a court action in an appeal from the finding of the nuisance. Either way it may end up in a court action. Attorney Anderson said he would recommend the hearing on the nuisance. Paula Loveland did not understand why action could not be taken without further legal procedures. They filed a nuisance complaint last fall and it was determined at that time that the sheds could be left until June 1 and then they were to be gone. Attorney Anderson explained legal procedures and emphasized that the City could not side step the procedures. Councilmember Bean asked if the petition filed originally would not be sufficient for the City Council to set a hearing date. Attorney Anderson stated, if the Lovelands sent the City Council a letter to say they want to renew their petition, the City Council could reactivate proceedings. Lovelands agreed to send a letter to reactivate the proceedings. The City Council discussed when to set a hearing. It would need to be in July in order to comply with the fifteen-day legal advertising requirement. Because of the City Council Meeting, June 7,2001 - Page 8 Independence Day holiday it was questionable whether or not there would be quorum present for the regular meeting on the first Thursday in July. It was decided to change the City Council meeting date to Thursday, July 12, and to advertise for a nuisance hearing at that meeting provided the Lovelands sent a letter to request reactivation of their petition. The Mayor and some of the members of the City Council met with representatives of the School District regarding the bids for the Owen Street improvements. The School District wants to go ahead with their portion, but they want some help from the City on Derrald Avenue. After reviewing the budget, with the other commitments that the City has made, the City can not help any more than is budgeted for Owen Street. TMC Contractors submitted the lowest bid. Councilmember Bean reviewed the costs and the estimated funds, which are available. The School District has agreed to let us eliminate some curb, gutter, and sidewalk from the Ammon Elementary School extension. According to the figures, we will be over budget and we will probably not be able to do any chip seal this year on some of the other streets. The School District asked the city officials to bring the information back to City Council meeting for approval to go ahead with the project. Councilmember Bean moved to accept the bid from TMC Contractors for $237,694.77 minus the curb, gutter, and sidewalk listed as items 8 and 9 on the bid tabulation and to award to the bid to TMC Contractors with the stipulation that they begin as soon as possible. Councilmember Hall seconded the motion. Roll call vote: Bean - Yes; Hall- Yes; Crandall-Yes; Folsom - Yes. The motion carried unanimously. Another thing discussed with the School District was removal of the barriers to Derrald Avenue. The Mayor asked if the Council wanted to remove the barriers. Public Works Director Wadsworth was instructed to remove the barriers. Another area of concern was changing the stop signs. It would probably be good to do this when school is not in session. Derrald Avenue is to be the through street and Eagle Drive is to be the stop street. Fred Wallin of Mountain River Engineering should be instructed to give TMC the notice to proceed. (Exhibit A - Bid Tabulation) Councilmember Bean moved to authorize Mayor Ard to sign the contract relative to Owen Street. Council member Hall seconded the motion. Roll call vote: Bean - Yes; Hall- yes; Crandall- Yes; Folsom - Yes. The motion carried unanimously. The School District is continuing to press for a traffic light coming out of their access on to Sunnyside Road at Taylorview Lane. They are looking at obtaining a light from City of Idaho Falls or Wheeler Electric that may be available. Engineer Manwill pointed out that the City is looking at a major shift in the traffic pattern and until the City Council Meeting, June 7,2001 - Page 9 traffic pattern is known you can not determine if a traffic light is necessary. Councilmember Folsom reported that the City of Idaho Falls and the Bonneville County Fire Protection District are in a dispute over their joint fire protection contract. Their ten-year contract is up for renewal in October 2001, and they are having difficulty negotiating the terms of a new contract. The City of Idaho Falls wants a sizeable increase, which the County does not agree with. Fire Chief Clarence Nelson has been contacted to see if the City of Ammon would be receptive to helping the County, if a new agreement is not reached. City of Ammon is willing to cooperate with Bonneville County, but no action is required unless the two split. Council member Hall reported the City has received a bill from the developer, Homestead Construction, in the amount of $10,926.00 for our portion of the street, water and sewer improvements on Mountain Vista Drive in Eagle Point Division No.3. In the transfer agreement for the park, the City agreed to pay a share of the development costs that would constitute park road frontage. Public Works Director Wadsworth has met with the developer to point out the size and location of the water and sewer connects that the City will require for the park. There is no alternative but to pay the portion requested, but it takes most of our park budget for the year. We will not be able to do much more in the way of park improvements this year. The developer is planning to get right to work on the project. Mayor Ard recommended doing some weed control this summer on the Eagle Pointe park property. Council member Hall commented that it is expensive to put in parks and to maintain them. He asked how the Council felt about proposing a $200 per lot park fee limited to capital improvements for the park, such as sewer, water, streets, playground equipment, etc. It would be levied on any developer when he plats a subdivision even the ones who have provided the land for the park. If the City is going to keep parks, even with the contribution of the land, they need to do something or they need to increase the tax base. He threw out the idea for the Council to think about. Councilmember Hall talked with Jay Johnson about park participation. He expressed willingness to participate in parks but he would rather see it in his development because he is putting the money into it. Jay Johnson has some ideas on an acre park that he saw in St. George, Utah. It is a small neighborhood park. Councilmember Bean encouraged the City to go after grant funds for parks. Councilmember Hall's recommendation, based on input, is to put an acre park in Briarwood because the developer is willing to put in the land and wants it in his area. Under duress, the developer would contribute to development of a park in another subdivision. City Council Meeting, June 7,2001 - Page 10 Councilmember Folsom said she lives by Falcon Park, which is a small, neighborhood park, and it does not get used. It just sits there. Yet, there are always people in the bigger parks. Council member Bean commented that the small, neighborhood parks are used by the children more than adults. Council member Folsom maintained that she has watched and there are hardly any children who play in Falcon Park. People frequent the bigger parks, but they do not frequent the smaller parks. The City puts out for development, but we do not get the usage. She would rather see the City take the money and put it into a nice park and develop Ammon. In the long run the developers will still reap the benefits because it will pull businesses and homes into Ammon. People like the bigger parks. That is her personal opinion. Councilmember Hall stated he did not think a small, neighborhood park is that bad. He thinks a developer is justified in wanting it in his area if he is going to contribute land and money for the park. The City needs to let Jay Johnson know quickly because the Johnsons are ready to develop a new division. Council member Folsom asked if Councilmember Hall, a representative from the Planning and Zoning Commission, and Jay Johnson were planning to get together to discuss parks. Council member Hall did meet with Jay Johnson, and the input in this meeting was from their discussion. The Planning and Zoning Commission wants a park in Briarwood. That was their recommendation. When Mark Johnson was here several months ago, a tentative area was agreed on. That is the area we are still looking at. Councilmember Folsom said we should always have a Planning and Zoning Commission recommendation on parks. Councilmember Hall said that a park in Briarwood was Planning and Zoning's recommendation. If the City Council wants to go against Planning and Zoning's recommendation, he would go back to the developer. The Planning and Zoning Commission recommended a park in Briarwood, the former owner wants one there, and the developer wants one there. Councilmember Bean recommended that we move in that direction. Councilmember Hall stated he would get with Johnsons to get a couple of lots in Briarwood planned for a neighborhood park. Council member Hall checked on the cost of trees because some youth groups were interested in planting trees for the City. The trees are $35 each for poor ones and $50 each for better ones. He said he would not pay that much. He recommended waiting until next spring for better quality trees. Regarding an equipment storage building for the Knothole Baseball and Girls Softball programs, there are two ways to go. One suggestion was for a trailer that could be moved off the park area. That would cost $3000 for the size needed. A small Quonset, 14' X 10', which should be plenty big enough, is $1695 plus moving costs of approximately $150 for a total of approximately $1800. Council member Hall City Council Meeting, June 7,2001 - Page 11 proposed to get the Quonset. The unit does not have a concrete floor, but it has a 3 X 4 tubular steel frame around the bottom and you can pour concrete into it at any time. Council member Hall thought we would not pour a concrete base this year because we may want to relocate it. It is a pretty solid unit. The Council agreed to go with Council member Hall's proposal to purchase the Quonset. Councilmember Folsom discussed water and sewer connections for duplexes and apartments. Tom Arave is building duplexes in the Oak Ridge subdivision and he wanted permission from the City to put single lines in the duplexes for sewer and water instead of separate lines for each unit. The City ordinance for zoning states, on everything up to R-2, that they have to have separate water and sewer connections going into each individual unit of a duplex or a townhouse. When we get to R-2A, the language disappears. Arave's request happened to be an R-2A situation. She had trouble with his request, if duplexes and townhouses are billed under a separate entity and we bill them separately under our rates. Three or more units are billed under our apartment rate. Councilmember Folsom called to talk with Tom Arave to discuss the issue, and they reached an agreement. He wanted a letter of understanding and she sent a letter to him. Councilmember Folsom would like to set a written policy that on duplexes, townhouse, or anything under three units the City requires separate sewer and water lines with a separate shut-off for each unit. Council member Bean and Councilmember Hall thought this was City policy since Jay Johnson started building townhouses. Apparently it is not a written policy and it should be. The Council discussed where to put it in writing. Attorney Anderson recommended it as an addendum to the resolution on rates as a logical spot. Councilmember Folsom clarified the requirement to have separate water and sewer connections for anything under three units per building. Syringa Property Management handles the property management for Palisades Park Apartments. They are still having problems with our water and sewer rates pertaining to metered water. Attorney Anderson has discussed the problem with Councilmember Folsom. The City requested Syringa to outline their position. They sent back a sheaf of communications regarding an agreement with the City. Attorney Anderson advised there was enough material to warrant a Council review before making a decision. It was agreed to hold a work session at Attorney Anderson's office at noon on June 19 to review the information on Palisades Park Apartments. The City Clerk brought the City Council up-to-date on the Flood Plain revisions. In October 2000, we received a revised Preliminary Flood Insurance Study and Flood Insurance Rate Map for the City of Ammon. It was understood that some one from FEMA would meet with representatives of the City to review the revisions. This did not happen. In April 2001, we received notification of the start of the 90-day appeal period. Due to an unexpected problem, the notice regarding the revisions and the appeal period did not get published. New publication dates are June 7, 2001, and June 14, 2001. The decision by Ammon to appeal, or a copy of the determination not City Council Meeting, June 7,2001 - Page 12 to appeal should be filed with FEMA no later than 90 days following the second date of publication. At the end of the appeal period, FEMA will have up to six months to finalize the revisions. Copies of the proposed revisions are on file in the City office. In regard to parking, Councilmember Bean reported there are a lot of boats, a lot of trailers, and a lot of stuff out there. He asked if the City was issuing parking tickets. David Wadsworth said no citations had been issued on boats. Council member Bean said he was not talking just about boats. There are lots of trailers out there including junk trailers. Councilmember Folsom said that she needed to work on the citations and get them done. Council member Hall said that he had received a call from Larry Spilker regarding connecting to the City services on 21st Street. Mr. Spilker stated that no way was he going to pay anyone to hook on to a sewer line running in front of his house even though it would be gravity flow. Councilmember Bean had also received calls that it was too expensive to hook on. Previously, it was estimated that the cost to hook on would be $6000. A discussion of the estimated costs indicated $6000 to be high. Probably the cost would be more like $5000. It is not planned to put stub-ins for potential connections. It will be just as cheap to put the stub-in at the same time as the connection is made to the main line. Residents are not interested at this time, but as soon as one of the septic tanks for one of the homes goes, they will want to hook on. The eastside of Foothill Road is not included in City of Ammon's sewer service area. Chad Stanger of City of Idaho Falls is aware of the problem and he said to send a letter to request the addition. The City Clerk was asked to prepare a letter. The request for rezone from R-1 to R-1A for Harold Loveland's lot on Romrell Lane was tabled at the City Council meeting of May 17. There was some dissention among the Council members and everyone agreed to go look at the property. The Council reopened the discussion on the request and considered the pros and cons. Councilmember Hall stated this request is different than a variance. In the neighborhood there is a duplex which is "grandfathered" in and two empty lots. The request is for a rezone so the owner can put twin-homes on an empty lot. This is more serious to change the zoning in one little area in the middle of a large area that is zoned R-1. Last meeting he had the same concerns. This sets a wrong precedent. Councilmember Crandall believed that the rezone would be an improvement to the area. Councillmember Folsom pointed out that Jay Johnson is developing townhouses mixed with single family dwellings, and it seems to be amiable. City Council Meeting, June 7, 2001 - Page 13 Councilmember Crandall said City of Idaho Falls uses twin-homes/townhouses as a buffer. Council member Bean agreed with Councilmember Hall. There is more to it than making the neighborhood look nicer. This is spot zoning. We do use R-1A for a buffer, but this is not buffer. This is a request of an individual. It accommodates one individual. There is no other reason than to accommodate. If I came in for a rezone to R-1A, would you grant it? This is spot zoning. Councilmember Folsom said technically spot zoning is not rezoning from R-1 to R-1A. It has more to do with uses or going for commercial in the middle of residential. Council member Bean responded that anytime you change an individual lot for the purpose and benefit of an individual that is spot zoning. Legally that may not be the terminology, but to me I don't see it as a benefit to the community. Council member Folsom favored the rezone as a benefit for the City of Ammon. Council member Crandall could not see a problem with granting such a request in the old Ammon townsite. Council member Bean asked why Mr. Loveland couldn't put a home on the lot. Councilmember Crandall said he probably could, but he doesn't think that Mr. Loveland wants to. Council member Bean responded that we are not here to accommodate what an individual wants or doesn't want. That is why we have zoning regulations. Councilmember Crandall inquired about the Planning and Zoning Commission's recommendation. They voted five to two in favor of granting the rezone to R-1A. It was also questioned if there was neighborhood permission. When Mr. Loveland submitted his application, it included signatures of neighbors stating they had no objection. Tom Hunsaker reported that there was no public present at the Planning and Zoning Commission hearing to express opposition. David Wadsworth reported that the last time when Mr. Loveland requested rezone of the lot from R-1 to R-2 for a duplex there was neighborhood opposition. However, there are new neighbors now. Councilmember Hall said people along the neighborhood are not going "to stir the pot." There is a mobile home in the area, and Mr. Loveland owns the existing duplex. The rest of the area is developed with individual R-1 type homes. In his experience, just like at the Comprehensive Plan hearing, the people are not going to come to be heard. That is why the City Officials are here. We are here to protect their rights, and that is what we are doing. City Council Meeting, June 7,2001 - Page 14 Councilmember Crandall questioned by rezoning to R-1 A are we not protecting rights? Council member Hall said we are setting a precedent for down the road for somebody else wanting to do exactly the same thing. Every time we make an exception, just like an exception for water rates, we open a Pandora's Box. Councilmember Crandall commented that he would probably rezone all of the old Ammon townsite to R-1A so they could put in townhouses. Councilmember Hall added that there is more agriculture in old Ammon than there are houses. Councilmember Bean moved to deny the request of Harold Loveland for a rezone from R-1 to R-1A for the lot at 3220 Romrell Lane. Councilmember Hall seconded the motion. Roll call vote: Bean - Yes; Hall- Yes; Crandall- No; Folsom - No. The vote of the City Council resulted in a tie. Mayor Ard voted to break the tie and he voted - Yes. The motion to deny the request carried. (Refer to the Findings of Fact and Conclusions dated June 13, 2001 - Exhibit B) The Ammon LOS Stake Youth have scheduled a service project for the City. Public Works Director David Wadsworth has met with the leaders. The project is all set up to paint the curbs thirty (30) feet back from the corner to indicate no parking. The plan is to start on the west end of 1 yth Street and come down to Ammon Road including the main streets. Also, they plan to remove the dead trees in the parks. Regarding the street widths in Briarwood Division No.4, the Council agreed if the Preliminary Plat was approved with street widths of fifty (50) feet into the cul-de-sacs then we would leave them at fifty (50) feet. However, if they had not been approved, then we would go to sixty (60) feet. There was no approval of the Preliminary Plat so we are requiring sixty (60) feet. Briarwood plats have been approved through Division No.3, but not Division NO.4. Mark Johnson said that he was not aware that the Preliminary Plat for Division NO.4 had not been approved. Reports: David Wadsworth reported for Public Works. The swimming pool is up and running. Hopefully the water will be warm enough for swimming on Monday. Mayor Ard asked where we are regarding street patching. Now that the pool is ready, the crew can start getting some of the little patches down. Councilmember Folsom got permission from the owners of the house on Falcon to cut down the tree that was blocking the stop sign. Public Works Director Wadsworth cut the tree down and since then no one runs the stop sign. It has made a tremendous difference. Some residents did not realize there was a stop sign there. Council member Crandall reported since the changing of his Council assignment to be over the administrative areas, he proposes some administrative changes. Small cities operate with a combination of Clerk-Treasurer. As the City grows, there is a City Council Meeting, June 7,2001 - Page 15 division of administrative responsibilities. For example, City of Idaho Falls has a number of administrative offices. He proposed that the City of Ammon think about dividing responsibilities and designating a City Clerk and a City Treasurer. If the Council comes to an agreement that this is a good idea, we would need to delineate areas of responsibility for each. If this were established, it would be up to the Mayor to make appointments. All this is very preliminary, but it needs to be addressed. A Treasurer would be over all financial areas, including receipting of the money, dispersing of the money, maintenance of the accounting records, the budget, and working with Bonneville County on the tax levy. The City Clerk would be responsible for the minutes and various functions. This is all very preliminary, but he encouraged the Council to think about it. Mayor Ard received a telephone call from Russell Swensen about the irrigation ditches. He was interested in a ditch water schedule. Mayor Ard told him that it is not our responsibility; it is not our water; and they are not our ditches. Russell Swensen tried to point out how much the irrigation ditches save the City. The Mayor believes the irrigation ditches cost the City money. The irrigation users are responsible. The City has been paying $150 each year to help clean the ditches. This is justified because it helps the problem of culverts flooding. The Council agreed with the Mayor that the irrigation ditches are not the City's responsibility. David Wadsworth reported on the status of the sprinkler system for Stanley Cramer. The details have been worked out and David Wadsworth has supplied Cramers with two sprinklers and two hoses until the sprinkler system can be installed. Council member Folsom discussed charges for fire inspections by the Fire Marshal. It has been brought to attention that the Fire Marshal has been charging day care facilities $25 for annual fire inspections. The money collected has been going to the Fire Marshal and not to the City. An investigation of the day care situation shows that day cares are mandated by the State to have fire inspections for a fee of up to $20 to be paid to the fire inspector or to the fire inspection agency. The fire inspector is City of Ammon Fire Marshal Bill Brotherson and the fire inspection agency is the City of Ammon. It was the consensus that any fees collected by the Fire Department for fire inspections should come through the City. Apparently quite a few inspectors are individually collecting the inspection fee, but that is not how the City of Ammon wants to do it. There has been a misunderstanding regarding fees, which needs to be cleared up. Fees should be paid to the City until the issue is resolved. The Fire Department completes other fire inspections in addition to day care facilities. Fire Marshal Brotherson has only collected a fee from day cares. The City may want to set some other inspection fees. City Council Meeting, June 7,2001 - Page 16 There was a discussion about what direction the City wants to go with fire inspection fees. The concerns expressed were who should receive the money, who is liable, should the inspector be treated as an independent contractor, what about one volunteer in a volunteer fire department getting paid, and who is responsible for workers compensation insurance. Attorney Anderson advised that the Fire Marshal is acting as an agent of the City of Ammon and the City has a responsibility. He recommended that Councilmember Folsom, who is over the Fire Department, Mayor Ard, Fire Chief Clarence Nelson, and Fire Marshal Bill Brotherson meet together to review and discuss the facts. Following their meeting, they should come back to City Council Meeting to make a decision. He further recommended that the matter should be cleaned up with reasonable promptness. Claims were approved. Councilmember Crandall moved to adjourn the meeting, and Councilmember Hall seconded the motion. The meeting was adjourned. Mayor Attest: City Clerk ~ o o N<11 .. +.l ..... .rol .0 Q) .rol S::~ ;j ~ I-)~ Bid Tabulation for Owen Street and Hillcrest High School Parking Lot Expansion E$tirnated Engineer's Estimate HK Contractors -rue Contractors -- I--- Item ! Unit Tolal Unit Total Unit Total Number I Description Quanity Unit Price Amount Price Amount Pr1c:e Amooot I - IExcavate area to be paved (and I !haul away) NOTE: Salvage and I stockpie topsoil for areas to be 4 I landscaped 3,500 CV $ 5.00 S 17,500.00 $ 10.00 $ 35,000.00 $ 6.00 $ 21,000.00 -~-. Removal of existing pavement - --- -- -"---- ------ ----------- ----- ------ 5 and hatJl away 1,100 SY $ 2.:~5 . $ 2,475.00 $ 1.00 . $ 1,100.00 $ 1.40 $ 1,540.00 , Unclassified excavation oTsoft - ---- ----- -- ---------- -'----- ------ I spots or ooslable matarlal; haul 11~90.oo_ 6 CNJsy and replace with pit run 10 Cy S 6.00 $ 6C.OO $ 20.0~_ $ 200.00 $ 19.00 - ------- ----- Install asphal1 planlmix pavement , 2.5- asphalt over 4" of 3/4" gravel I . 7 base 0'10" of pit run 1,012 SV $ 16.00 $ 16,192.00 $ 12.~_ $ 12,144.00 $ 11.32 $ 11,455.84 -'-~-' 1----- --------- Install asphal planlrnix pavement 3" asphalt over 6" 09f 3/4" o rave/ , , 8 base over 13" of pi run 4,686 ! SY $ 18.00 $ 84,348.00 ~_~~~. _~ 67,478.~ $ 12.98 I $ 60,e24.28 ._- ---.-- ------f-------- In518114" thick conclete sidewal< I 9 (to Include prep) 5,940 SF $ 2.50 $ 14,850.00 S 2.50 $ 14,800.00 $ 2.fiS $ 15,147.00 ---- ~--- ----- ------- ----- f------- Paint markings ror 21 bus parking 10 spaces 40' long lype 1 lS S 550.00 S S,50.00 $ 300.00 $ 300.00 $ 3f!,0.OO $ 380.00 ---..- ---.-- ---- ---.--.- J-:----- ----- 11 Larldscape end sprinkler system upgrade (see landscape plan) 1 lS $ 20,000.00 S 20,000.00 $ 30,000.00 _~_ 30,OOO.~~ $ 21,860.00 $ 21.860.00 -$" J-:----- f------- 12 I05lal112" slorm drain pip.!'.__ 206 IF 21.00 S 4,366.00 $ 20.00 $ 4,16Q.OO $ 18.00 $ 3,744.00 .o. ______ S 1,080.00- 13 Install inlets 2 EA $ 700.00 1 $ 1,400.00 $ 800.0~_ $ 1,600.00 $ 5<10.00 ----...-..-- f$189,046.50 $ 200,810.40 ----- '$'172,25017 Subtotal --_._- ~---- ..----- -- ----- ----- ---- TOTAL BID $474,221.75 ~ $ 4W59,561.fiO I $ 409,944.94 June 7, 2001 Exhibit B - Page 1 CITY OF AMMON FINDINGS OF FACTS AND CONCLUSIONS IN RE: Application of Harold Loveland for Rezone from R-1 to R-1A of a vacant lot on Romrell Lane, Ammon, Idaho. The legal description of the property is: Beginning at a point which is 100 feet South of the Northeast Corner of Lot 6 Block 15 of the Townsite of Ammon, Bonneville County, Idaho, said point is to be the East line of said Lot 6, thence 156.7 feet West paralleling the North line of Lot 6;thence South 100 feet paralleling the East line of Lot 6; thence East 156.7 feet; thence North 100 feet to the point of beginning. The general location of this property is on the west side of Romrell Lane between Molen Street and Sunnyside Road and is addressed as 3220 Romrell Lane. The adjacent properties include a duplex, a mobile home that has been added on to and sited on a permanent foundation, a pasture, single family dwellings, and the old City Building, which is now used as the City shop. Properties, which are not developed with single family dwellings, are "grandfathered" as non- conforming uses. The Comprehensive Plan designates the property as low density residential. This matter came before the City Council on May 17, 2001 and June 7, 2001, and the members present were Mayor Bruce Ard, Councilmember W. Lee Bean, Councilmember Harvey L. Crandall, Councilmember Leslie Folsom, and Councilmember Ira K. Hall The Mayor and City Council do hereby make the following findings of fact and conclusions: 1. The Planning and Zoning Commission held a Public Hearing to consider the request on May 1, 2001. Notice of the Planning and Zoning Commission hearing was published in the Post Register on April 14 and April 21, 2001. Notices of the hearing were mailed to property owners within three hundred (300) feet and to other interested parties. The hearing was conducted according to established procedures and all persons desiring to testify were given an opportunity to testify. 2. The Planning and Zoning Commission recommended approval of the rezone by a vote of six in favor and one opposed. Karen Anderson voted in opposition because she believed it was spot zoning. There was no public opposition stated in the Planning and Zoning Commission hearing. The applicant submitted a list of neighborhood property owners who signed to say they did not object to the rezone. June 7, 2001 Exhibit B - Page 2 3. Tom Hunsaker reported the Planning and Zoning Commission recommendation to the City Council. 4. Mayor Ard asked the Councilmembers if they were willing to act on the recommendation of the Planning and Zoning Commission or if they wanted to advertise for a second public hearing before the City Council. 5. It was determined that a second public hearing would not be necessary, but the recommendation of the Planning and Zoning Commission was opened for Council deliberation. 6. The majority of the surrounding properties are single family dwellings, and the request represents a multi-family use. 7. There is such a hodge-podge of uses in the Ammon original townsite. Uses, other than single family dwellings, were "grandfathered" as non-conforming uses during initial zoning. 8. The City Council opens themselves for spot zoning when someone comes in for a rezone of a residential lot so they can build a townhouse, twin-home, or a duplex. 9. The Council struggled with what represents good planning for that area, and they tabled their decision on May 17, 2001, until June 7, 2001, to allow them to visit the site. 10. The discussion was reopened and half of the Council was of the opinion that granting the request would make it possible to improve the area. The other half of the Council was of the opinion that zoning is more than making the area look nicer. 11 . The City Officials are here to protect the rights of the people, and whenever we make exceptions to the rules we create other problems. 12. Granting the rezone is spot zoning. 13. Granting the rezone is a change from a single-family use to a multi-family use. Council member Bean moved to deny the request of Harold Loveland for a rezone from R-1 to R-1A for the lot at 3220 Romrell Lane. Councilmember Hall seconded the motion. June 7, 2001 Exhibit B - Page 3 Roll call vote: Bean - Yes; Hall- Yes; Crandall- No; Folsom - No. Voting of the City Council resulted in a tie. Mayor Ard voted to break the tie and he voted - Yes. The motion to deny the request carried. Dated the 13th day of June, 2001. W. Lee Bean Ira K. Hall Harvey L. Crandall Attest: \ i :! !