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Council Minutes 04/05/2001 CITY OF AMMON April 5, 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 Councilmember W. Lee Bean Council member Harvey L. Crandall Councilmember 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 Sgt. Greg Black, Bonneville County Sheriff's Department Ammon Field Office Cindy Donovan, 3725 East Sunnyside Road, Ammon Tom Hunsaker, 2925 Carolyn Lane, Ammon Andy and Carl Adams, 3655 Samuel Street, Ammon Judy Young, 2935 Oakhaven, Ammon Paul Hannah, 2410 Oakhaven, Ammon Joseph Filutze, 3085 Willowwood Circle, Ammon Ivy Berry, 3740 Georgia Lane, Ammon Susan Richardson, 2035 Heather Lane, Ammon Karen Dobson, 2944 Stonehaven Circle Paul Snarr, Benton Engineering Matt and Colleen Pincock, 4135 Ross Avenue, Ammon Karen Dobson, 2944 Stonehaven Circle, Ammon David Whittaker, 3801 Marlene Street, Ammon Wendy Landon Councilmember Folsom led the Pledge of Allegiance to the Flag, and Mayor Ard offered a prayer. The first item of business was the Preliminary and Final Plat for Briarwood Division No.3. Paul Snarr of Benton Engineering explained that they were coming back the second time for approval of the plat. The improvement drawings have been signed by the City of Idaho Falls. Councilmember Hall reminded the Council that the City Council Meeting, April 5, 2001 - Page 2 Plat was discussed at City Council meeting on March 15, 2001, but action was tabled until City of Idaho Falls signed to approve of the sewer plans. The Planning and Zoning Commission has reviewed the plat and recommended approval. Paul Snarr reviewed the plat with the Council. Council member Crandall moved to approve the Preliminary and Final Plat of Briarwood Division No. 3 and to authorize the Mayor to sign the plat. Councilmember Hall seconded the motion. Roll call vote: Crandall - Yes; Hall - Yes; Bean - Yes; Folsom - Yes. The motion carried unanimously. Council member Folsom asked for a vicinity map to be submitted with a plat. The vicinity map should be extended to show the continuation of streets. Tom Hunsaker reported for the Planning and Zoning Commission. A public hearing was held to consider the proposed revisions to the zoning ordinances. There were no interested parties present to offer testimony. The Commission members debated the revisions amongst themselves. Ron Folsom discussed the proposed revisions with the Council at a previous meeting. There are no major changes since then except for a few clean ups. Copies of the revisions were distributed to the Council and the Attorney for further review before the Council holds their public hearing. There is a lot, which is 70' X 100', on the north side of Molen Street between Central Avenue and Meadow Lane. The owners, Rex and Ilene Purcell, also own the property to the east, where their house is located, and another lot on the north facing Meadow Lane. They would like approval to sell the small lot for a residence, and they are willing to add an extra five feet from their house lot. This still leaves a lot with less than eighty (80) feet of frontage as required in the R-1 zone. After the Commission looked at the lot in the various conditions, they voted six in favor of recommending to the City Council to grant a variance to the Purcells and two abstained from voting. The next item of business was a review of the Girls' Softball Program and the Knothole Baseball Program. Knothole Baseball includes T Ball and Pitching Machine teams for boys and some girls from kindergarten through second grade. The Girls' Softball is for girls from kindergarten through sixth grade. Ivy Berry spoke for Knothole Baseball to help the City Council understand and appreciate the program. "I am grateful for the opportunity to come to the City Council this evening to talk about our programs. I am in no way representing the girls' program, but I think a lot of what I will address also pertains to them. Susan Richardson has been a great director of the girls' program, which also has seen a lot of growth. "Our main purpose of doing these games is for the kids in the city to have a place to play and to learn social skills. We provide a safe place for them to learn how to play the game. We supplied the coaches with all the equipment and kids with protective City Council Meeting, April 5, 2001 - Page 3 gear to prevent any injuries. My family and some of my friends often ask me why I was doing this. They think that I am a glutton for punishment. It has been a rewarding experience for me personally to watch the kids play and to see the program become so successful. In addition, I have met a lot of wonderful parents and have made a lot of friends. "Sixteen years ago, Beverly Boyle asked me to help her run the program. She moved to Boise in 1986, so I have run the program for the last 15 years. A couple of years ago, Colleen Pincock was gracious enough to help me with the program. "From the humble beginning of only four T Ball teams and two Pitching Machine teams, we had 16 T Ball teams and 7 Pitching Machine teams last year. We have come a long ways. From the old city building to the spacious building here, the City has seen a tremendous growth these past few years. I didn't know how Aleen and Carol did it. They were so helpful and so wonderful to work with. We used to have a good time together. "Typically we started the organization process at the end of March. We got the flyers ready and distributed them to all the schools. As soon as the flyers went out, phones started to ring off the hook. The parents were trying to get their kids on certain teams, coaches didn't want too many kids, or kids didn't have coaches. So we called and sometime we begged. Also, we solicited for sponsorships. And then we had to make sure the umpires were trained and ready for the games. They came to my home and we trained them and tested them. Some of you know how ugly some of the games can be out on the playing field. We do our very best to have the best personnel on the field. Before the games began, we would take inventory of the equipment. We would replace broken helmets and anything we needed. We also arranged for the T-shirts to be printed for the kids, and later we would distribute them ourselves. "Meanwhile my husband, who would rather not do this, had to make sure the pitching machine was in working order. We didn't want kids hurt. He rotated the tires, soldered the metal parts, and fixed all the equipment. "And then in between times, when the teams wanted to practice, they came to my home to pick up all the equipment. Then they brought it back. In and out, loading and unloading the equipment, you should see our cars. Let me tell you that it ain't pretty, and it ain't fun. We didn't dare go anywhere in the months of April, May, and June. "Until three years ago, we were not paid anything. We used to purchase umpire equipment with our own money and fix the machine and equipment with our own money. Thanks to the City Council we were paid a stipend which was enough for our gas money and some of the incidentals that we used to purchase. Every Tuesday and Thursday I took off from my full time job and sat at the ball diamond making sure things were going smoothly. City Council Meeting, April 5, 2001 - Page 4 "The umpires were paid. Oh, I heard the complaints about paying these kids. Let me tell you that you don't want their jobs. They had to be there at 8:00 a.m. on game days, which was 30 minutes before the first games started. The games were about 15 minutes apart so they couldn't leave the park until all the games were over, which was around 3: 15 p.m. last year. If games were delayed, they stayed later. They had to clean up before they left for home. There were no lunch breaks. In fact, a few years ago, one of the coaches felt so sorry for us and brought us lunch. If you add up all the hours they were actually there at the park, we would pay them around minimum wage per hour. Besides that, we were out there when the Idaho wind blew, got rained on, burned to crisp, or frozen to death. And on top of all that, we got yelled at all the time because it always seemed we never did anything right. "At the end of the season last year, the city office had a problem with some payments. I was rather disturbed by it. Mostly it was because a few of the make-up games that were played on the days other than the scheduled days. I wish I were told at the time what the problem was so I could explain. Instead, it was blown out of proportion. Lee Bean visited me a couple of times in my office. I thought things were worked out. Apparently, it was not. "There are a lot of variables in running a successful program such as these that we have here in Ammon. It is a lot of work. It took a village to make a successful program. A season might be only one month long, but we started in March and our work was not finished until the middle of July. There were pictures to be delivered, prizes to be distributed to each participant, and equipment to store. In fact, we have teams from City of Idaho Falls who would rather play in our league than their city or YMCA league. That speaks well for the City of Ammon." Colleen Pincock added remarks about the Knothole Program. She has become involved in the program because of the kids. It is important for them to have a good experience at this age. After the season was over last year, she received a number of calls and complaints that parents did not like to come to the City Building to register their kids. The City employees gave them a lot of hassle. The main problem was parents wanting to register their girls on a supposedly boys team rather than on a girls' softball team. Through the years the Knothole Program has primarily been for boys, but girls have been allowed to participate. It is good for the kids to help officiate. They do not get paid a lot. They put in long days, and they learn responsibility. Susan Richardson and Karen Dobson direct the Girls' Softball Program. Susan explained that they run their program a little differently than the Knothole Program. She has been involved with the girls' program about as long as Ivy Berry. It has been said that she started out so her kids could have a summer job, but this year she does not even have a kid involved. She remembers starting out with three teams playing round robin for whole month. Last season there were twenty-one teams. People have commented on how great the program is. The thing that hurts is lack of City support. City Council Meeting, April 5, 2001 - Page 5 It has been questioned if this is a City organization or a Karen Dobson/Sue Richardson organization. They do not want to be over the money. This year it has been suggested that the directors come to the City Building to handle the registration like the swimming pool. They are not like the swimming pool. If someone misses a swim registration, that person can come back in two weeks. Parents are registering their kids for a ball team up to the last day. No one wants to eliminate any kid so registration has been open for two weeks to a month. Susan suggested that the City office take the money and the registration, but to not get involved with what coach, what team, solving problems, or answering questions. Let the directors handle the organization details. There was considerable discussion between the City Officials and the directors concerning how to eliminate some of the stress and how to continue to provide a good recreational program. It was resolved that the directors will be responsible to organize the programs and to answer the questions. The City office staff will accept the registration forms and receipt the money. After the money is receipted, the directors will pick-up the registration forms periodically. The City office staff should realize that registration will consume some of their time, but they should try to handle it happily. Registration forms serve as parent or guardian permission, and they should be kept on file throughout the playing season. Knothole Baseball and Girls' Softball are City recreation programs, and they have the support of the Mayor and City Council. The programs are self-funded. Funds received are to be carefully accounted for. The directors can determine the use of the funds, but spending must be within the funds collected. The fee for both programs will be $20 per child. The pitching machine was purchased with Knothole funds and is considered to be City owned. It is not property of the Western Boys Baseball Association. As the program continues to grow, it may be wise to work toward purchasing another pitching machine. Knothole Baseball would like some kind of an equipment storage shed. The directors appreciate the help of the City office and knowing that the City Officials are behind their programs. The condition of the ball diamonds was a concern. Susan Richardson reported they need sand. The diamonds were all grassed in and that worked for the Girls' and Knothole teams. However, the WBBA came along and cut out the diamonds. Now the littler kids have to play on the hard dirt or frequently it is mud. It was agreed to get some sand on the diamonds. Another problem is garbage. The teams have been cleaning up the area after they use it, but more garbage containers are needed. The Public Works Director was instructed to have the garbage crew plan to empty the cans at the ball diamonds each day at the end of their route. The Pitching Machine teams need a time to practice on the middle ball diamond at McCowin Park. It was agreed that weekdays between 2:30 p.m. and 7:00 p.m. the middle diamond will be reserved for Pitching Machine practice. The diamond should be posted to eliminate any misunderstanding about the reservation. City Council Meeting, April 5, 2001 - Page 6 The minutes of City Council Meeting held March 15, 2001, were reviewed. The Council appreciated receiving the minutes earlier. Councilmember Crandall recommended some wording change to pages 6, 17, and 18. Council member Bean moved to accept the minutes of City Council Meeting held March 15, 2001, as corrected. Council member Folsom seconded the motion. Roll call vote: Bean - Yes; Folsom - Yes; Crandall- Yes; Hall- Yes. The motion carried unanimously. Council member Bean asked some follow-up questions. The Ammon Newsletter is being worked on. Michael Jones of Quality Water has removed the by-pass on his water meter. Public Works Director Wadsworth checked the right-of-way on Rosedale Lane and there is not a problem. Councilmember Bean asked Attorney Anderson to do some research to see if there is something the City can do to charge for fire alarms that go off whether intentional or unintentional that have to be responded to that are not valid calls. He did not want to call them false alarms, because there are alarms that do go off unintentionally which are not necessarily a false alarm. Attorney Anderson introduced Ordinance No. 287 by title, AN ORDINANCE ANNEXING CERTAIN LANDS TO THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO; DESCRIBING WITH PARTICULARITY SAID LANDS TO BE ANNEXED AND HEREBY ANNEXED AND DECLARING SAID LANDS A PART OF THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO; DETERMINING THE PROPER ZONING FOR CLASSIFICATION OF THE ANNEXED LANDS AND TERRITORY UNDER THE ZONING ORDINANCE OF THE CITY OF AMMON, IDAHO; PROVIDING FOR AN EFFECTIVE DATE FOR THIS ORDINANCE AND OF THE ANNEXATION OF SAID LANDS (ARNOLD FEED LOT, INC. PROPERTY). Ordinance No. 287 was read in full. Council member Folsom read Ordinance No. 287 by title and 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 Hall seconded the motion. Roll call vote: Folsom - Yes; Hall - Yes; Bean - Yes; Crandall - Yes. The motion carried unanimously. Council member Folsom moved the adoption of Ordinance No. 287 as an ordinance of the City of Ammon on its third and final reading. Council member Bean seconded the motion. Roll call vote: Folsom - Yes; Bean - Yes; Hall - Yes; Crandall - Yes. The motion carried unanimously. Lennis Tirrell, owner of Ammon Speedi Mart, stated that he was not aware that the utility rates were to be increased. When he received his bill, it seemed high but he thought that he must have neglected to pay one month. The next month it was high again, so he compared it with his City of Idaho Falls bill. Their City of Idaho Falls City Council Meeting, April 5, 2001 - Page 7 Speedi Mart is a little larger than the Ammon store, and it does a better volume of business. He made a comparison of the charges for the Council: Idaho Falls Ammon Difference 11.00 37.65 26.65 12.50 37.65 25.15 51.50 94.50 43.00 $ 75.00 $169.80 $ 94.80 Water Sewer Garbage Utilities cost considerably more in Ammon. A few years ago City of Ammon said that if he bought his own dumpster he would be charged a cheaper rate, so he bought his dumpster. The community uses his dumpster, but he does not know how to limit the use. Presently his dumpster is dumped three times a week. City of Idaho Falls furnishes the dumpster. He would appreciate the City of Ammon making a review of the utility charges. He believes that Ammon's charges are out of line. He expressed appreciation to the City Officials for wrestling with the issues every week. Council member Bean agreed to check out City of Idaho Falls' utility rates. Palisades Park has requested a review of their utility rates because the Council previously gave them approval to go with a meter rate. They want to continue with the meter rate and not go with the revised apartment rate. The apartment owners are of the opinion that they had a contract with the City for the meter rate. Council member Folsom reviewed the past records, which were available, but she did not find any contract. There is a problem with allowing Palisades Park to go with a meter rate when other apartments are charged at a different rate. The City has gone to great pains to make all billing equitable. Council member Bean suggested that the change should not be considered as a rate change but as a change in the method of billing. There are no other apartments in the City using meters. Utility rates are changeable. Attorney Anderson was asked to review the available records to determine if there is any legal problem with requiring Palisades Park to be charged the same as other apartments. The Council was unanimous for maintaining consistency in billing. When the Stonehaven Homeowners Associations met with the City Council regarding utility rates and snow removal, they submitted two invoices for snow removal. Judy Young, Paul Hannah, and Joseph Filutze attended the meeting to plead their case and to get a commitment from the City Council about reimbursing the associations for the snow removal invoices. Council member Bean stated his opinion was the same as at the last meeting. The City should have done a better job of plowing the snow. However, the snow, which was hauled away, was the snow out of residential yards and the homeowners or whoever plowed the snow into the streets should be responsible for the expense of hauling it away. City Council Meeting, April 5, 2001 - Page 8 Judy Young responded. She believed, if the streets in the cul-de-sacs had been plowed, the snow would not have accumulated like it did. The City should share in the responsibility to help pay the bill. Paul Hannah pointed out that the snow conditions were exceptional. The cul-de-sacs were not plowed. It may not have done any good to plow them. The City has approved the plats with cul-de-sacs, and the City has a responsibility to address cul- de-sacs. Joseph Filutze explained they are trying to resolve the issue. They are not blaming the City. It is a combination of things that happened. The issue was debated back and forth. The problem was weather related. Residents have an advantage to live in a cul-de-sac. They love it because it is a dead end street and there is low traffic. However, cul-de-sacs are hard to maintain. The City Council has to make decisions and a lot of them are not popular. The residents of Stonehaven, who live on cul-de-sacs, feel discriminated against. Other streets in the City had similar problems. The City Council has to consider how they would address this with all the residents and the whole City. Councilmember Hall moved to decline to pay for the snow removal as invoiced to Stonehaven I Homeowners Association by All American Yards for $1125 and as invoiced to Stonehaven II Homeowners Association by John's Excavating for $500. Council member Bean seconded the motion. Roll call vote: Hall - Yes; Bean - Yes; Crandall- Yes; Folsom - Yes. The motion carried unanimously. Judy Young questioned the fairness of the decision. Joseph Filutze said he respected the decision, but the City Council should realize that the people they represent do not feel that the City is representing them. The City Council has to look at the issue as a Citywide issue and not only Stonehaven. Engineer Manwill called attention to all the cul-de-sacs and the need for the City Council to address maintenance of them. Mayor Ard inquired about the schedule for street sweeping. Hentschels plan to do the sweeping, and it was recommended that they get started. Joseph Filutze asked if it would be possible to know when the streets will be swept so he could notify residents to get their vehicles off the street. Connie Guymon is working on the Ammon Newsletter. The Council was asked to supply her with any information they would like to have included. Council member Folsom provided information regarding liquor by the drink licensing. A tenant of hers talked about coming in to Ammon with a restaurant. He City Council Meeting, April 5, 2001 - Page 9 has had problems getting a liquor license. She thought he should not have a problem because we only have two active licenses. An individual's family has obtained three licenses from the State and is holding them for sale at $150,000. In 1980 City of Idaho Falls got in a situation where people were holding licenses at astronomical fees. Council member Folsom personally checked out with the liquor board about rules and regulations. If people were going to buy up licenses, she was going to buy the licenses and get them back to residents at the regular price so the City of Ammon would have the capabilities of handling liquor laws. She was told the license had to be in force within ninety days, and the applicant would have to have a place of occupancy at the time the petition was filed. She was given all the laws that have to be obeyed. She understood laws were changed since the Idaho Falls case in 1980, and it would not be possible to buy up licenses. She relaxed, but now she finds the state is holding three Ammon licenses. The state is apparently interpreting the law differently. She wants the licenses removed from who they are being held for and brought back into Ammon as we have a right to have them. Ammon will have problems getting decent restaurants if we do not have liquor licenses available. Councilmember Folsom has real concern about this. The state is condoning a problem. She is pursuing the issue. State Representative Lee Gagner has agreed to get an opinion in writing for Ammon from the Attorney General. He has also advised her to discuss this issue with Attorney Joe Anderson. The opinion from the Attorney General will be given to Attorney Anderson so that he can direct the steps the City needs to take. In the meantime, the restaurant involved in bringing the issue to light will probably still come in to Ammon. That establishment will offer beer and wine until the matter is settled. The discussion continued. The three licenses on hold are in the name of Dan A. Ruddell, his wife, and daughter for two locations in Bonneville County and one at Typhoon's Teriyaki Grill in the Ammon Town Center. The Council encouraged Council member Folsom in her endeavors to correct the problem. Joseph Filutze asked the Council to address parking. The Homeowners Association brought up the issue of parking 18-wheelers in a residential area. They have had a problem with one of the residents. A copy of the ordinance should be given to Joseph Filutze. Parking of a 18-wheeler in the street is against the law. Public Works Director Wadsworth agreed to begin ticketing violators. Reports: Fire Chief Clarence Nelson reported that Attorney Anderson had reviewed the Valley Mutual Aid Agreement with DOE. He did not find any problems with it, and it is ready for the Mayor to sign. Council member Hall moved to authorize the Mayor to sign the Valley Mutual Aid Agreement with DOE. Council member Folsom seconded the motion. Roll call vote: Hall- Yes; Folsom - Yes; Crandall- Yes; Bean - Yes. The motion carried unanimously. Fire Chief Nelson distributed copies of the Fire Department Event Summary for March. A Boy Scout leader contacted Bill Brotherson about being a merit badge counselor. Bill and other volunteer firemen have been teaching interested Scouts City Council Meeting, April 5,2001 - Page 10 about the Department and fire fighting. Engine No. 32 has a problem. A rod in the rear end is breaking. They are trying to locate a new rod to replace it. The Department received a fire call for a car fire across from Eastern Idaho Technical College. It was an Idaho Falls' call, but Ammon responded. There was no problem. Dispatch had a malfunction problem, but it has been fixed. A controlled burn on South Ross has been scheduled for April 10. Lennis Tirrell wants the Fire Department to burn down on old barn behind his house on Molen Street. The Department has set him up for a controlled burn on April 17. The car donated to the Department by Bonneville County has been painted, the decals have been added, the title has been transferred, and the license plates have been issued. Idaho Counties Risk Management (ICRMP) will add the car to our insurance policy for $489 per year to be prorated until October 2001. Chief Nelson asked Judy Young what she meant when she referred to fire protection for Stonehaven residents. Judy explained she was saying City of Ammon did not offer them a full time Fire Department. She was making no remarks whatsoever against the Volunteer Fire Department. Her response was there is no City Police Department, no full time Fire Department, no library, no post office, and it appears they get nothing for the amount of money they pay except garbage service. This promoted a lively discussion on the City of Ammon tax levy rate, the Library District, police protection and fire protection. Judy Young said she did not intend for anyone to take her comments personally. She was trying to get the City Council to be more receptive to their needs. Mayor Ard advised that Ammon LOS Stake is making plans for a Youth Service Project in June. They would like to do something for the City. It needs to be a somewhat substantial project for probably a half of a day. The Council was asked to think of some suggestions for a project. David Wadsworth reported for Public Works. Quotes have been obtained for a sprinkler system for the Eagle Pointe Park. Judging from the estimated costs, we will need to advertise for bids because it looks like it will be over $40,000. H-K will be ready to start work on April 9 on the sewer line in Ammon Road, which has a problem because of an irrigation water leak. The Association of Idaho Cities has sent out a reminder letter that the City Council is required to set the date of the 2002 FY Budget Hearing and to advise Bonneville County of the date by April 30, 2001. It was agreed to set the date for the first City Council meeting in September, which will be September 6, 2001. "Spring Community Forums: Moving Idaho Forward" have been scheduled by the Association of Idaho Cities for April 11 in Idaho Falls at the Shilo Inn and April 12 in Pocatello at the Holiday Inn. This forum will include a review of the 2001 legislative City Council Meeting, April 5, 2001 - Page 11 action and budget information. If Council members are able to attend, please notify the City Office. The City Clerk asked for clarification on who should be given permission to use the City Building for meetings. Previously it was agreed to limit the use, but lately there have been a number of requests. City related functions are an acceptable use. The Mayor and/or City Council should approve any other request. Sgt. Black attended the meeting to hear the City Council concerns and to see if there is anything he needs to take care of. Public Works Director Wadsworth said there is a problem with speeding on T aylorview Lane before and after school. Engineer Manwill reported that the City of Idaho Falls has opened bids on the Hitt Road sewer. The bids came in just under $500,000 and he understands the City of Ammon will be responsible for half of it. The low bid was less, but they missed a bunch so they have forfeited their bid bond. The bid will go the second bidder. This is part of the agreement with the City of Idaho Falls for the expanded service. It is supposed to be completed by the end of June. The Fire Department Auxiliary asked if the City would help them financially with the Easter Egg Hunt. It is scheduled for Saturday, April 14 at 10:00 a. m. in McCowin Park. The City Council agreed to provide $150 toward the activity. Claims were approved. Council member Folsom moved to adjourn to an Executive Session to discuss personnel matters. Councilmember Crandall seconded the motion. The Council voted all in favor. The regular meeting was adjourned to an executive session at 10:10 p.m. Mayor Attest: City Clerk