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Council Minutes 04/19/2001 CITY OF AMMON April 19, 2001 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 Council member W. Lee Bean Council member Leslie Folsom Councilmember 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: Terri Scott, Deputy Clerk Robert Howe, Hillcrest High School Charles Neitzel, Hillcrest High School Nathan Obray, Idaho State University/Hillcrest High School Richard Anderson, Hillcrest High School Mark Johnson, Rockwell Homes Jay Johnson, Rockwell Homes Alan Cunningham, Mountain River Engineering Cindy Donovan, 3725 East Sunnyside Road, Ammon Judy Young, 2935 Oakhaven, Ammon Tom Hunsaker, 2925 Carolyn Lane, Ammon Absent: Councilmember Harvey L. Crandall Mayor Ard led the Pledge of Allegiance to the Flag and Councilmember Bean offered a prayer. The first item of business was a website presentation from Hillcrest High School. Connie Guymon, Deputy City Clerk, introduced the presentation. She has been working on a web page for the City of Ammon. In checking around to find information on how to proceed she discovered the program which students at Hillcrest High School are working on. Connie and Councilmember Crandall visited the class at Hillcrest and Instructor Richard Anderson and some of his students explained about web pages. Connie also called around to compare costs. Many of the neighboring entities have beautiful web pages, but they have invested a considerable amount of money to build and to maintain them. The students of Hillcrest High School have City Council Meeting, April 19, 2001 - Page 2 been managing their own site, and they were asked what the chances are for them to build a website for the City. In response, they came to City Council Meeting to give a presentation and to explain their program. Richard Anderson teaches a manufacturing program and by default he agreed to get involved with a computer program. The teacher and the students have been learning together. This school year they proposed a new system of doing a web page. The hardest part of keeping the web page current and updated is you need a team of people or a full time person to write codes and to make things happen. They looked for a way to delegate and to make it easy for the teachers to use the site and to keep things current. They found a software package called Cold Fusion, which lets them build applications and do a website. Their website has been running since the first of the year. They found a way to delegate so the teachers can make updates daily, and they propose to build a website for the City that the City can maintain. The students were introduced. Robert Howe is the team leader for next year. Nathan Obray is the student who got them involved in the program. Nathan graduated a year ago and is a student at Idaho State University. He has been working with them to help them learn this year. Charles Neitzel is also a team member. There are five students involved this year, and twenty-six students are lined up for next year. They believe they can provide good service to the school and to the City. This is a great opportunity to serve the community and for the students to develop skills to follow them through life. Robert Howe led the discussion and showed how the school program could be adapted to work for the City. The web page is divided into sections. Sections are set up for departments, for bulletins or current news, for calendar, and for teachers or employees. The City Council asked the students about the program. Basically the school would set up a shell for the City and teach the City employees how to add data. It has taken time, effort, and troubleshooting for administration and to build the application. However, the end results are very easy for the average individual to use. The program is accessed through the Internet. All the school has to do is to host. The school proposed that they would get the City a domain name, set up the hosting, develop the package, and maintain it. The first year would cost $700 and the cost would be $200 per year for each year thereafter. They are not interested in making a profit. Council member Folsom asked, "What happens in a few years? If the school decides not to do it, where would that leave the City?" Richard Anderson responded that there should be other sources around. However, he does not see that happening. He sees the program getting bigger and bigger not smaller and smaller. The interest is there. City Council Meeting, April 19, 2001 - Page 3 They have support from the INEEL. They want to make the site accessible for students, for parents, and as a community resource. Lots of things are possible. They are just touching the surface. They need a commitment from the City because they would like to get the program in place before school is out. The students will also be involved during the summer. Attorney Anderson did not see any legal problems with the proposal. Councilmember Folsom moved to authorize Hillcrest to go ahead with devising the City web page for $700 for the initial first year and $200 per year thereafter to help maintain the domain and name. Councilmember Hall seconded the motion. Roll call vote: Folsom - Yes; Hall- Yes; Bean - Yes. The motion carried. Alan Cunningham of Mountain River Engineering requested the City Council to review the approach plans and to discuss cul-de-sac coordination for Centennial Ranch Division No. 10 before the plat is presented to the Planning and Zoning Commission. The reason for requesting the preliminary review is because of the concerns expressed at a recent Council meeting by the City Council and members of the community about cul-de-sac development. The developers would like the Preliminary Plat for Centennial Ranch Division No. 10 to be scheduled on the agenda of the Planning and Zoning Commission for Tuesday, May 1, 2001. The property is known as the Miller/Hatton property, and it is located on the north side of East 1 ih Street between the railroad track and Centennial Ranch Divisions No.7, No.8, and NO.9. It is proposed to develop the cul-de-sacs in this division with a 58 feet radius. In a typical section there would be fifteen feet on both sides of the center road line and fourteen feet between the edge of the oil and the property line. Cul-de- sacs are popular, but snow removal is a problem. Cul-de-sacs are friendly for the consumer, but they are not friendly for public works. Councilmember Folsom asked if it would be possible for Mountain River to research different options besides just cul-de- sacs. Alan Cunningham asked the City Council for comments, and there was considerable discussion. There was input from developers Jay and Mark Johnson, Engineer Manwill, Public Works Director Wadsworth, and Planning and Zoning Commission member Tom Hunsaker. In non-curb and gutter areas it is necessary for the property owners to leave the drainage swale as grass. The Miller/Hatton property is a narrow strip 650 feet wide. It is zoned R-1 for single family dwellings. It is better for snow removal to develop cul- de-sacs with non-curb and gutter. Councilmember Hall suggested that the developers enlarge a copy of the plat and draw in the sidewalk and driveway details to get an idea of how much frontage there would be on lots in the bulb of a cul-de-sac. Ideas were brainstormed and opinions were expressed, but there were no recommendations. City Council Meeting, April 19, 2001 - Page 4 Another issue concerning the Centennial Ranch Division No. 10 plat is the approach on to East 1 yth Street. It comes between the two existing homes and is close to the Centennial Ranch Division No. 9 approach. All the new development is increasing the traffic on East 17th Street. The approach is not the most desirable, but there does not seem to be a good solution. The Miller/Hatton property, Centennial Ranch Division No. 10, is in the City of Ammon sewer service area. The Council reviewed how sewer would serve the development. It was decided that the City of Ammon still needs to enter into a Joint Service Agreement with lona Bonneville Sewer District. Attorney Anderson was asked to get together a meeting with IBSD to consider an agreement. The plat meets the requirements of lots that back up to railroad tracks. The developers of The Cottages want to dress up their access off 21st Street. Alan Cunningham distributed some drawings to show their idea. It is proposed to have a split driveway with a landscaped island in the middle. The road width is to be maintained on both sides of the island. Also, the drainage swale is to be maintained. The island will have a curb around it and feature a little cottage, which will tie in with their mail delivery station. A homeowners' association will maintain the island. The City Council did not have a problem with the proposal. The minutes of City Council Meeting of April 5, 2001, were reviewed. It was decided to postpone approval until the next meeting so that all the Council members have an opportunity to read them. For the record, Attorney Anderson made up a Memorandum of Agreement that Engineer David Benton submitted as a proposal for the contractual engineering services on the water system study. Engineer Benton approved the Memorandum of Agreement and signed it. Engineer Manwill has looked at it and thinks that it is acceptable. The Council reviewed the details of the Memorandum. There was concern about a penalty clause for late completion. It was pointed out that the agreement specifies a deadline and if the deadline is not met the engineer does not get paid. Another concern was the progress payments. David Benton can ask for a progress payment on any portion of the work that was been 90% completed. The City Engineer determines the 90% completion. Progress payments are typical. Maps that need to be purchased from Bonneville County are not included in the agreement. The City is to be provided with a map to show what our water system should be so that we have something to work toward. The City Officials want the output map to be in both hard copy and digital form. Council member Folsom moved to add an addendum to the water system study engineering contract that the City shall be furnished with a hard copy map and a digital disc in AutoCAD format and to authorize the Mayor to accept the contract with the addendum. Council member Bean seconded the motion. Roll call vote: Folsom - Yes; City Council Meeting, April 9, 2001 - Page 5 Bean - Yes; Hall - Yes. The motion carried. The Attorney will add an Addendum to the contract. Attorney Anderson is working on a request for abandonment of a Hitt Road access in the Monty Howell addition. He explained the details of the request. The legal description is not ready so no action could be taken. The City Office has been advised that it is time to begin the renewal process of our liability insurance with Idaho Counties Risk Management Program (ICRMP). Alpine Insurance is our agent, and Kent Swanson has been working with us. However, Kent has left Alpine and Carolyn Peterson has been assigned to our account. She is collecting information for the application, which is to be submitted by May 1. Mayor Ard requested Public Works Director David Wadsworth to put together a list of surplus property that needs be left off the insurance list. City Clerk Aleen Jensen agreed to up date the information on the application, and she asked some one on the Council to review it before it is submitted. ICRMP will prepare a proposal from the application and the City Council will have the opportunity to revise it, accept it, or seek other coverage. The new policy will be effective October 1, 2001. Unfinished Business: Council member Folsom discussed the status of the Communication Towers and Antennas Ordinance. The ordinance will be considered at a public hearing before the Planning and Zoning Commission on May 1, and they will make a recommendation for the City Council. Communication towers and antennas will be codified as part of Title 10, Zoning Ordinances. Councilmember Folsom has checked on fees regarding communication towers. City of Idaho Falls charges a regular building permit fee and a plan check fee. They do not assess any other fees. Ideas of proposed fees for the City of Ammon were reviewed. It is built into the ordinance that applicants will have to pay a building permit fee and a plan check fee. There will be other fees that they will have to pay: (1) A conditional use permit will be required at a cost of approximately $100. (2) A business license fee was estimated at $100 with the renewal being $100 per year because we are still going to have to look at and review cell towers. They are not going to be like the conditional use permits that are relatively problem free such as a church or school. (3) An antenna license will be necessary because the business license will be based off the tower and co-locators will not have a tower. An antenna license is included in the ordinance. It should be $50 initially with $50 per year renewal. (4) Another expense is the expense for the people in Texas who complete a review to make sure of compliance. That is $1,250 initially. If we decide to have that review, it will be $625 for future reviews. The reviews are up to the Planning and Zoning Commission to determine if they deem future reviews are necessary. Council member Folsom does not have any doubts about the initial review. It is a wise one. She has mixed feelings about the additional reviews because she is not sure they are needed each year. Also, City Council Meeting, April 19, 2001 - Page 6 a surety bond will be required every year. The tower owner is responsible for the bulk of the fees. The committee plans to add to the ordinance about FCC. The FCC rules will have to be obeyed for helping with ham radio operators. The people in Texas who reviewed the proposed ordinance came back to the committee with a "clean bill of health." They said that we did a good job on the ordinance. The Planning and Zoning Commission will address the ordinance on May 1 and the City Council will address the ordinance on May 3. The Texas review is beneficial because we do not know enough about cell towers. There are so many technicalities involved. Texas will protect the City. They take the whole ordinance and make sure the applicants obey everything. If there are any new laws, they will signal that the City needs to address. They double-check everything. It does not cost the City anything. It costs the tower operator. Texas did not charge the City for advising and helping put the ordinance together. Council member Hall questioned the Texas review. The FCC should cover anything that the Texas review would cover. This promoted a pro and con discussion of what the review covers and its benefits. Councilmember Folsom, Tom Hunsaker, and Cindy Donovan (the Communication Tower ordinance committee) explained and defended the Texas review. Councilmember Hall and Councilmember Bean had difficulty justifying the need and the expense to the operator. Councilmember Hall contended that the Texas company does not come to Idaho to physically inspect the tower, so the review is a paper review. The City is in a better position to review the actual progress and applicability of the structure to the plans than the Texas company. Councilmember Folsom pointed out that what the committee was going for was to make sure everything was proper. They went the full gamut to make sure of protection. There was further discussion about whether the review should be mandatory or if it could be a review that may be required. Attorney Anderson advised that if the ordinance states the review may be required that there would have to be some guidelines. Jay Johnson commented that money did not seem to be an issue with the communication tower industry. Councilmember Hall reworded and directed his concern to Attorney Anderson. If the City got a review from Texas and they said the operators need to do this, this, and this, is that authority enough for the City to force the operator to comply if they have met all of the FCC requirements? The test would be if Texas said the operator had not met our ordinance. Our test is whether it meets our ordinance. If they say no it doesn't and if they say why it doesn't, the City can say the ordinance is not complied with even though FCC has passed on it. Council member Hall summarized that our ordinance is the defining document. Council member Bean stated our ordinance says that the tower will meet all of FCC and all of OSHA requirements. If they have a license in hand, why do we need the City Council Meeting, April 19, 2001 - Page 7 review and what are we getting for it? Council member Folsom responded that FCC and OSHA are just a small portion of all this. The Council is not going to sit up in front and make the operator produce all the required documents. Councilmember Bean agreed, but he continued that they will not be out there operating without a FCC and OSHA license. Doesn't the City have the ability to be able to review our own plans, to review our own engineering, and to review the construction? The Texas review does not cost the City, but it is placing a burden on somebody. This is government at best. If there is somebody out there policing, the operator is more likely to obey our rules. Cindy Donovan added that the company from Texas is qualified and up-to-date. Tom Hunsaker wondered if the City has enough time and expertise to handle. Council member Hall stated FCC defines the technical requirements, and the aesthetic requirements are designed by our ordinance. The City is more concerned about the aesthetics and the impact on the neighborhood. The FCC is concerned about health and about not interfering with other communications. Council member Bean recommended not requiring the Texas review unless the City is already committed. Council member Folsom said the City is not committed. However, she wants to be able to go back to use them if needed. Councilmember Bean requested a trigger mechanism if we have a can or may be used clause. Attorney Anderson asked what standard or criteria are we going to use to say we are afraid that we are not being protected? There is some deficiency in the operation and because of this we want to check. What kind of a standard do we want to check? There was a discussion about how to word the ordinance. The attorney agreed to take the will language out of the ordinance regarding the Texas review requirement and to add about the ham operator. There was no problem with the fees proposed for communication towers except the fee for the Texas review. Council member Folsom has been working on the parking ordinance. We can go up to $100 fine for an infraction, but she was thinking more like $25 per day fine for any parking that is illegal. She wants to see if the Eagle Scout project, which has been going on with the Fire Department and the handicapped parking, would be interested in extending throughout Ammon. We would give them 50% of whatever we recoup toward them using it and let them police throughout the City. Council member Bean questioned if they could do enforcement on public property or for a government agency. Council member Hall had concern about the Scouts spread out around the streets. It is great where they can be localized and well supervised. Councilmember Folsom said she would not pursue further the use of Eagle Scouts for enforcement. The Fire Department has received calls from Kmart and Albertsons wanting them to come enforce parking. The Council agreed to enforce parking, but they were not in favor of a Boy Scout out on Owen Street trying to enforce illegal parking. Council member Folsom has been looking for illegal parking enforcement ideas. In the summer the City employees are all busy. In the winter they have more time to work on parking enforcement. The Sheriff's Department will not enforce parking for the City City Council Meeting, April 19, 2001 - Page 8 of Ammon. Attorney Anderson advised we have a general clause in our ordinances that employees of the City can be considered in the definition of an officer. Some of the parking ordinances need to be rewritten. Councilmember Folsom is trying to get one citation that will cover the handicapped, the fire, the dogs, or parking. The Memorandums of Understanding with City of Idaho Falls are in their hands, and they will be signed. Owen Street plans are pretty well designed. Engineer Manwill has an appointment with Mountain River Engineering to review the whole plan. Regarding the post office for Ammon, Councilmember Folsom stated per Jeff Cole, the Postmaster, that the old City Building is not acceptable. The Postmaster plans to solicit someone to take over a substation. Eastgate Drug has expressed some interest if the rate can be kept up. Regarding the utility rates for Palisades Park apartments, Council member Folsom reported that Attorney Anderson says we are within our rights to change the rates given them in 1998. He is not so sure, since we did agree that they could install meters and it has only been three years, that in a public relations situation if we wouldn't want to look at helping to reimburse some of the cost of the meters. In checking with H-K Contractors, the meters cost approximately $475 each plus installation. There are ten meters. Installation is usually about double the cost of the product. We have requested a copy of the initial bill for the meters. This would not stop with one entity. The other problem is the churches and Lennis Tirrell have purchased their garbage dumpsters. We would have to look at reimbursing those too because we allowed a lesser rate. Councilmember Bean stated that we do need to visit the commercial water rates. The City of Idaho Falls rate for Lennis Tirrell is correct as he presented it to us. They bill at a residential rate for commercial establishments unless the water is metered. Council member Folsom also collected information from other Idaho Falls businesses. Their rates were inconsistent, and she could not make their resolution match the rates they are charging throughout the City. It is hard to match our rates with City of Idaho Falls. Ammon rates need to match our expenses or the cost of administration plus cost of production plus future. Council member Folsom recommended billing commercial establishments with 0 to 5,000 square feet of floor space at the residential water rate of $19.50 per month. For commercial establishments of 5,000 and more square footage the billing rate should be $37.65 per month. Our meter rate is $1.21 per thousand gallons. In addition to a base rate, City of Idaho Falls tacks on three extra charges per year. The extra charges are an irrigation service fee and two inspection fees. City of City Council Meeting, April 19, 2001 - Page 9 Shelley rates were checked. They do not meter anyone. Their rates are from $15.05 up to $104.74. They base their rates on small, medium, large, and extra large. The proposed adjustments in rates should catch the businesses that are using the water because they will be metered. Changes in the square footage should benefit smaller businesses. Other changes recommended include single residents with an additional water line to be charged $9 per month year round. Storage units using water for irrigation purposes only will be charged $9.75 per month year round. Storage units with additional usage will be $19.50 per month because they are still commercial ventures. If a location is in the City of Ammon, they must pay for City services including water, sewer, and garbage whether connected or not unless they are connected to lona Bonneville Sewer District. In this case, they will pay sewer to IBSD and water and garbage to the City of Ammon. The changes should address the problem areas, and we are still maintaining equitable rates. Attorney Anderson recommended adopting a new resolution, and he will prepare one. Any reimbursements or adjustments should be credited to the account instead of issuing a check. Reports: Chief Clarence Nelson reported for the Fire Department. The firemen did a controlled burn on a shed for Lennis Tirrell. It was a good training experience. Sgt. Greg Black has made arrangements for inmates to come weekly to clean the Fire Station. They will clean whatever we want them to, but they will not go into the offices. The City needs to furnish the cleaning supplies. A deputy supervises them. There may be other jobs around the City that the inmates could help with. The Fire Department has been contacted about sponsoring three youths in a bike marathon. Individuals or employees can donate to the marathon, but taxpayer money should not be used for such donations. Public Works Director David Wadsworth reported they are caught up on water line replacements. Street patching and parks are to be scheduled next. We need to patch the holes that we dig. Costs for a couple of intersections and costs for cuts across the street to repair water lines were estimated at approximately $7,000. The crew has done some of the pothole patching. Councilmember Bean inquired about the possibility of putting a penalty on false alarms on the fire system. Attorney Anderson reported all that we have in the ordinance now is an infraction for crossing a fire hose or for knowingly turning in a false alarm. The State of Idaho Code provides for a misdemeanor and for any false alarm through the 911 system. It also provides that on any damages that are incurred you can give a civil penalty or a liability. If it is a minor, the parents are responsible for damages. If the Council wishes to, you can enact a supplemental provision to our ordinance that any false alarm, after one or two times on these automatic alarms, that goes off and causes the Fire Department to react could be assessed against that City Council Meeting, April 19, 2001 - Page 10 owner. Councilmember Folsom recommended a basic fee. Attorney Anderson asked if the City preferred doing it on an infraction basis or a damage claim. A damage claim would not require going through the court procedure. The Attorney said he would probably set an infraction so there was an easier enforcement provision. It was suggested that violators be given one a year and fined $100. Attorney Anderson agreed to draft an ordinance. Councilmember Folsom called attention to another adjustment in the utility rates. Office spaces in an apartment complex have not been billed. She would like to add that on top of the apartment rate that says if they use a unit as an office space that they have to pay the apartment rate of $12.50 for that space. Council member Hall reported that he had talked with Councilmember Folsom regarding the Massage Therapy ordinance and the required fees. It is all clear with the people running the school and the people who are working with them. There is still a problem with obtaining the background checks. The $50 for the background check is a one-time fee. Applicants can receive a temporary license after they pay the fee and for the background check until we obtain the completed background check. Council member Hall said we might have to be lenient until we get all the details worked out because the ones at the Center for Massage Therapy in Ammon have City of Idaho Falls licenses with a background check. We need to continue to work on the problem. Attorney Joe Anderson advised that the State has pre-empted all county and local municipalities from enacting any ordinances concerning adult entertainment. or obscenity. The City cannot take any action to enforce restrictions. It is all covered by the State. If someone applies for a license for a theater, we have to issue a license according to our ordinance. If the theater puts on the type of a show that we do not like or wouldn't permit, it has to be enforced through the State. There is a meeting for the Regional Wastewater Facility Planning Study at the City of Shelley on April 20, 2001, at 10:00 A.M Also, there is a District 6 Mayors and Councilmembers meeting scheduled for Monday, April 30, in Rexburg at 7:00 P.M. Jay Johnson inquired about how receptive the Council would be to annexing the Lower LOS Church Farm for future development. The property lies south of Township Road, but it also comes up to the City on the south end of Ross. Sewer is a concern and the development may be five years down the road, but the Council would probably look favorably about annexation. It is a natural way for Ammon to grow. Claims were approved. Councilmember Bean moved to adjourn the meeting, and Council member Hall seconded the motion. The meeting was adjourned at 10:15 P.M. Attest: City Clerk Mayor