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Council Minutes 12/21/2000 CITY OF AMMON December 21,2000 Minutes of the Public Hearings and 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 Harvey L. Crandall 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: Kenneth Lembrich, 2640 Salmon Street, Ammon Scott Barry, 6635 East lona Road, Idaho Falls Tom Hunsaker, 2925 Carolyn Lane, Ammon Dustin Neeley, 6635 East lona Road, Idaho Falls Marc Wethington, 4325 Ilene Circle, Ammon Lance Walker, 3820 Ross Avenue, Ammon Jay Johnson, 2125 Cabellaro Drive, Ammon Michael F. Simpson, 3765 Georgia Lane, Ammon Sandy and B. J. Elkington, 1316 Bone Road, Idaho Falls Cindy Donovan, 3725 East Sunnyside Road, Ammon Jim Southwick, 3968 East 1 ih Street, Ammon Mrs. Mark Burnell, 3070 Ross Avenue, Ammon Absent: Councilmember Ira K. Hall Council member Crandall led the Pledge of Allegiance to the Flag, and Council- member Bean offered a prayer. Michael F. Simpson, 3765 Georgia Lane, requested a home occupation permit for BlowFish Music. He is trying to start a company that promotes music via Internet. There will not be any traffic to the home. He plans to have a small office in the basement of his home where he will design the Web site and promote bands via Internet and E-mail. There will be no employees, and no signs. There may be some extra mail. Councilmember Crandall moved to approve a home occupation permit for Michael F. Simpson, 3765 Georgia Lane. Councilmember Folsom seconded the City Council Meeting, December 21, 2000 - Page 2 motion. Roll call vote: Crandall - Yes; Folsom - Yes; Bean - Yes. The motion carried. Engineer Manwill reviewed the status of the development of the Beck et al property. The plat for Majestic Acres was approved some time ago and it was ready to be recorded. However, the DEQ and the Health Department would not sign off to have it recorded until the sewer system and the street system had also been approved for the Lincoln Industrial Park. There is quite a bit of pressure on Majestic Acres (Auto) because they have some pending sales that need to be closed by the end of the year or they will lose the sale. As of now, everything has been reviewed and approved by the City of Idaho Falls and both plats-Majestic Acres and Lincoln Industrial Park-are ready for recording. The sewer system does not meet all of the City standards. Even though there are some places that do not meet the standards, the City of Idaho Falls has signed off on them and noted the deficiencies in the system. Engineer Manwill explained the deficiencies. The development agreement for Lincoln Industrial Park has been prepared for acceptance. There is no development agreement for Majestic Acres because there are no improvements for the developer to put in. The action required by the City Council for Majestic Acres has been completed, and a correct and accurate legal description has been prepared for the Beck et al properties. At some point in time, the piece of Hitt Road, which was included in the annexation, will have to be de-annexed. Councilmember Folsom moved to accept the Development Agreement and the Final Plat for Lincoln Industrial Park. Council member Crandall seconded the motion. Roll call vote: Folsom - Yes; Crandall- Yes; Bean - Yes. The motion carried. Mayor Ard opened the Public Hearing to consider the proposed City of Ammon Area of Impact. Notice of the Hearing was published in the Post Register on December 5 and December 12,2000. The Planning and Zoning Commission held a Public Hearing on the proposed Area of Impact on Tuesday, December 5, 2000, and they recommended approval. There were no public comments at this hearing. Mayor Ard closed the hearing. Council member Bean moved to approve the Area of Impact for the City of Ammon as outlined on the map and as discussed and agreed upon in the past. Councilmember Crandall seconded the motion. Roll call vote: Bean - Yes; Crandall - Yes; Folsom - Yes. The motion carried. Mayor Ard opened the Public Hearing to consider a proposal to amend, to clarify, and to increase rates charged by the City of Ammon for water, sewer, and garbage service. The City Council has examined the rates now being charged and has determined, and hereby find, that such rates should be revised to meet expenses of operation, collection fees, treatment fees, maintenance, repairs, and other appropriate charges. Notice of the Hearing was published in the Post Register City Council Meeting, December 21,2000 - Page 3 on December 5 and December 12, 2000. A copy of the proposed resolution, which identifies the changes, has been posted in the City Office. All parties in interest who desired to present testimony were sworn in by Mayor Ard. Mayor Ard explained that the City of Ammon has reached a new sewer treatment agreement with the City of Idaho Falls. In the new agreement, the City of Ammon has agreed to raise our sewer rate to the same level as Idaho Falls. The new rate will be based on flows. Jay Johnson, 2125 Cabellaro Drive, noted that the revised water connection fees and sewer fees would impact the builders. He expressed the opinion that the Mayor and City Council have done an outstanding job of making decisions for the City. As a developer, if they feel a rate adjustment is needed, he is behind the City Officials one hundred percent. He recommended giving the builders a little time to build the increase into their pricing structure. Jim Southwick, 3968 East 1 ih Street, inquired about the rate differential for RP and RPA lots from other lots. Some of the RP and RPA lots flood irrigate. The lots zoned RP and RPA are larger lots and sometimes they have bigger water lines. He did not have a problem with the proposal. Lance Walker, 3820 Ross, asked about how the City of Ammon pays the City of Idaho Falls for the sewer treatment. City of Ammon has been paying City of Idaho Falls monthly for sewage treatment and operation and maintenance on the sewer lines. Through recent negotiations we have agreed to amend our rates, and we will begin to pay City of Idaho Falls based on sewer flow. The meter station provides accurate flow measurements. The proposed sewer rate changes are based on a pretty accurate estimate of where we need to be to provide service. Also, we expect the system will need additional improvements, and we are trying to build funds to accommodate upgrades. Our sewer contract with City of Idaho Falls is good through 2013. At that time, we will need to completely negotiate a new contract or to go somewhere else. Our sewer rates are reasonable compared with other cities. For information, City of Ammon is involved with City of Shelley, lona Bonneville Sewer District, Bonneville County, and North Bingham County in doing feasibility study on a sewage treatment facility. City of Ammon would be an equal partner in such a facility. Another area that Lance Walker was interested in was the City's plans for new wells or pumps. Well No. 8 is a new well with a variable drive so that we can maintain pressure. Also, it has a generator that automatically comes on and off in case of emergencies. We have recently annexed some property up on the hill from East 21st Street. This will require additional water and sewer lines for which the developer will share most of the costs. In order to make this annexation feasible for the City, we will participate in upsizing the lines. This annexation also will make it possible, at some City Council Meeting, December 21,2000 - page 4 future time, for the City to have a water storage tank on the hill to help pressurize the whole City system. Part of the annexation agreement is that the developer will give the City a site for a storage tank up on the hill. There is a lot going on that will be funded by the proposed increase. Another concern of Lance Walker is the idea that the proposed increase has got to be equal for everybody. He has a problem with people who are out of their homes for wintertime or for a couple of years while on missions being charged full rate for City services. They are not using the service and it is very unfair to charge them for service. There should be some way to adjust the rate and drop it down while they are out of their home for an extended period of time. Council member Folsom addressed Walker's concern. The City did charge a reduced rate if a resident was gone for two months are more, but it has become abused. The City has experienced difficulty in keeping up with the going and coming. Residents do have an option of disconnecting the water. Lance Walker's parents have been out of their house for the majority of six years while serving missions for the LOS Church. They have willingly paid a reduced rate but now this is changing. He believes there has to be some individual way to continue to offer a reduced rate. Councilmember Folsom reported other cities do not offer vacation rates. Lance Walker likes the new billing system. Jim Southwick commented on the low garbage rate. Mayor Ard pointed out that since the garbage trucks have been updated we do not have such large repair expense. The sanitation fund has done well, and we have even been able to build a fund for new equipment. Jim added that he thinks the garbage rate is very reasonable and the crew does a good job. Councilmember Crandall stated the sewer fund is the area the City has had the most difficulty controlling. Mrs. Mark Burnell, 3070 Ross Avenue, talked about everyone being treated equally. Residents should pay according to how many live in the house. This opened a discussion about what is fair and how to establish equal rates. Mayor Ard explained the City of Ammon rates for services are comparable with other cities. In some instances they are even lower. The rates proposed are pretty fair. Councilmember Bean said one thing the Council hopes to accomplish with the rate change is to plan for the future. Some of the small cities in our area have had to do major updates to their water and sewer systems. In order to do so they have had to bond. Wise City Officials build improvement funds in the rates. Sometime down the road, Ammon will probably have to face major rejuvenation of water and sewer lines. A good water system is beneficial for fire protection. City Council Meeting, December 21,2000 - Page 5 Lance Walker asked about who is responsible for the water lines. The City's concern is the main lines in the streets. Homeowners are concerned about the service line in to their house. He also asked if the City had considered lower rates in winter and higher in summer. It has worked well for the City to have a year round flat rate. Jim Southwick commented the water service is considerably better than it was five years ago. Mayor Ard responded that we could deliver the water five years ago but we could not handle the fluctuations. Improvements to the water system have made it possible to better control the water. Through the years, the Council has taken the stand that we should pay as we go. The last few years the City has been able to do that. All improvements that have been made have been paid for as are we have made them. Twelve years ago we were in debt, but now we are solvent. The City Building, the Fire Station, and the new well are all paid for. The property tax levy for the City of Ammon is one the lowest in the State of Idaho. Mayor Ard closed the public hearing. The City Council reviewed the resolution prepared to adjust the water, sewer and garbage rates. Councilmember Crandall moved to' accept Resolution No. 01-1: AMENDING AND ESTABLISHING THE RATES CHARGED BY THE CITY OF AMMON FOR WATER, SEWER AND GARBAGE SERVICES; ESTABLISHING THE RATES AND FEES FOR CONNECTION TO THE WATER AND/OR SEWER SERVICES; PROVIDING FOR DEPOSITS F1)R UTILITY SERVICE CONNECTIONS; PROVIDING FOR DELINQUENT PAYMENT PROCEDURES; PROVIDING FOR OWNER'S RESPONSIBILITY FOR UTILITY SERVICE FEES AND CONNECTION FEES ON MULTI-USE OF SINGLE CONNECTIONS; PROVIDING FOR RECISSION AND REPEAL OF ALL RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR AN EFFECTIVE DATE to be effective January 01, 2001. Councilmember Folsom seconded the-motion. Roll call vote: Crandall - Yes, Folsom - Yes; Bean - Yes. The motion carried. Lance Walker suggested that the City send out a letter to advise the residents about the changes in rates. The monthly billing mailed to all accounts the first of December contained a notice of this hearing to consider rate changes. Regarding the Memorandums of Understanding with City of Idaho Falls on the sewer and the Area of Impact, everything appears to be in good shape. City of Idaho Falls and City of Ammon are ready to move on. We need to wait for Bonneville County to go through their Public Hearings so the Area of Impact agreement is finalized. A letter to IBSD is needed to authorize them to service the two small parcels, which are shown in Ammon's service area. City Council Meeting, December 21 , 2000 - Page 6 Councilmember Crandall moved to approve renewal for 2001 business licenses for the following: Legends - General Business and Beer by Can or Bottle not to be consumed on the premises Jacksons Food Stores - General Business, Beer by Can or Bottle and Wine by bottle not to be consumed on the premises Ammon Speedi Mart - General. Business and Beer by Can or Bottle not to be consumed on the premises Wright Stop - General Business and Beer by Can or Bottle not to be consumed on the premise. Albertsons - General Business, Beer by Can or Bottle and Wine by Bottle not to be consumed on the premises Albertsons Convenience Store (A Express) - General Business, Beer by Can or Bottle and Wine by Bottle not to be consumed on the premises Texas Roadhouse - General Business, Beer for consumption on the premise and Liquor by the Drink Johnny Carino's - General Business, Beer for consumption on the premise and Liquor by the Drink Councilmember Folsom seconded the motion. Roll call vote. Crandall - Yes, Folsom - Yes, Bean - Yes. The motion carried. Reports: Fire Chief Nelson reported for the Fire Department. The Christmas Party was enjoyable and well done. Bud Langerak of Bonneville County Sheriffs Department called and offered to donate money to the Department for carpet and tile work in the station. A check for $650.00 was received from Bonneville County Sheriffs Department and another check for $700.00 from Bonneville County Sheriffs Association. The carpet and the tile work have been ordered for about $2000.00. These contributions will pay most of the cost, and the remainder will come from funds leftover from another contribution. The carpet will be in the hall of the training room and the tile work will be in the two bathrooms and the little break room. Work will be done January 3, 4, and 5 and no one should be on the floor for three days after. The Sheriffs Office appreciates the facility. Jay Johnson offered to donate all the trim work for the Fire Station David Wadsworth reported for Public Works. Attorney Anderson advised that the Development Agreement for Ammon Ranch was approved at the last meeting and he has received the signed copy from the developer. The agreement was prepared for the Mayor and each of the City Council to sign, and those present signed the agreement. In relation to Ammon Ranch, the ordinances are ready for consideration to finalize the annexation and rezone of the property. City Council Meeting, December 21,2000 - Page 7 Attorney Anderson introduced and read Ordinance No. 283, 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. (AMMON RANCH ANNEXATION). Council member Folsom moved that the City Council dispenses with the rule requiring the reading of the ordinance on three different days and that the three readings be waived. Councilmember Crandall seconded the motion. Roll call vote: Folsom - Yes; Crandall- Yes; Bean - Yes. The motion carried. Councilmember Folsom read the ordinance by title and moved the adoption of Ordinance No. 283 as an ordinance of the City of Ammon on its third and final reading. Councilmember Crandall seconded the motion. Roll call vote: Folsom - Yes; Crandall - Yes; Bean - Yes. The motion carried. Attorney Anderson introduced and read Ordinance No. 284 AN ORDINANCE TO AMEND THE ZONING CLASSIFICATION AND THE ZONING MAP FOR CERTAIN LANDS LOCATED WITHIN THE CITY OF AMMON; PARTICULARLY DESCRIBING SAID LANDS AND DECLARING THE CLASSIFICATION OF ZONING FOR EACH SUCH PARCEL OF LAND; PROVIDING FOR AN EFFECTIVE DATE. This ordinance covers property already annexed to the City of Ammon and is part of the W. L. Judy Farm to be developed as Ammon Ranch. One change of zone from R-3 to C-1 is for a parcel of 5.13 acres, and the other change of zone from R-3 to C-1 is for a parcel of 1.52 acres. Councilmember Folsom moved that the City Council dispenses with the rule requiring the reading of the ordinance on three different days afl8 tRat tho throo roadings of the ordinanco on three 9if.f.cront days and that the three readings be waived. Councilmember Crandall seconded the motion. Roll call vote: Folsom - Yes; Crandall- Yes; Bean - Yes. The motion carried. Councilmember Folsom read the ordinance by title and moved the adoption of Ordinance No. 284 as an ordinance of the City of Ammon on its third and final reading. Councilmember Crandall seconded the motion. Roll call vote: Folsom - Yes; Crandall- Yes; Bean - Yes. The motion carried. Council member Folsom received a complaint about the parking at 3250 Midway Avenue. Shauna Rhodehouse lives at that address and operates a home business, City Council Meeting, December 21,2000 - Page 8 Wishing Well Computer School. Ms. Rhodehouse has been contacted about the parking problem and also that she needs a home occupation permit. Councilmember Bean recommended that on these developments where we do not have an approved water or sewer improvement drawing that if the developer chooses to go ahead and put those lines in prior to the improvement drawings being approved that we do not allow them to hook up to City services until such time as the drawings are approved. The developer can put the lines in at his own risk but cannot hook up to the main lines. This should be a City policy. Ron Folsom suggested adding sewer and water approval to the requirements when the Planning and Zoning Commission approves the plat. Mayor Ard offered the Post Office the use of the old City Building for a temporary post office for Ammon, but there have been no developments. It is understood that the Post Office is installing a drop box at Legends Convenience Store. Claims were approved. Councilmember Crandall moved to adjourn the meeting, and Councilmember Folsom seconded the motion. The meeting was adjourned at 8:50 P.M. Mayor Attest: City Clerk