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Council Minutes 11/02/2000 CITY OF AMMON November 2,2000 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 Councilmember Harvey L. Crandall Councilmember Leslie Folsom 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: Mark Welker, 2835 Romrell Lane, Ammon Frank & Heather O'Leary, NewCom Cindy Donovan, 3725 East Sunnyside Road, Ammon David Larson Kendall Balton Oliver Miller James & Carolyn Southwick Kurt Murray, 1890 Eagle Drive, Ammon Zenaida Ruby, 1890 Eagle Drive, Ammon Doug Botimer Robert & Paula Loveland, 2795 Romrell Lane, Ammon Steve & Val Loveland, 3325 Rawson Street, Ammon Karen Anderson, Planning & Zoning Commission Tom Hunsaker, Planning & Zoning Commission Renee Walker and two scouts, 2925 Ross Ave, Ammon Rusty Landon and one scout, 1666 Laguna Drive, Idaho Falls Two other unidentified scouts City Officials Absent: Council member Ira K. Hall Council member Crandall led the Pledge of Allegiance to the Flag, and Council member Bean offered a prayer. Paula Loveland voiced a complaint about the condition of the property at 3265 Owen Street owned by Robin Knight. The Loveland's biggest complaint is that Knight has moved in two large, industrial type cargo units next to the street directly across from City Council Meeting, November 2,2000 - Page 2 their front yard. Photographs were presented to show the two units, old junk cars that do not operate, and other junk piled up by the side of the units. Councilmember Crandall asked what ordinance did Knight violate. Paula Loveland responded that she did not believe the property was zoned appropriately for that type of use. The containers do not fit in a residential zone. It was determined that the Knight property is zoned R-2. Councilmember Folsom added that the zoning allows storage units and the rules are pretty open concerning storage units. The ordinance does address abandoned cars. Councilmember Crandall stated that he had looked at the Knight's property prior to the meeting. He observed that down Romrell Lane to the north there is another property that is in ten times worse condition than Knight's. Councilmember Folsom had also visited the area, and she agreed with Council member Crandall. Paula Loveland pointed out that the property to the north existed long before the built on Romrell Lane and that owner uses the equipment parked there. Council member Crandall advised that, when the Council looks at a public nuisance, they need to be uniform in the way it is approached. He did not see a public nuisance at Knights. Mark Welker, 2835 Romrell Lane, lives directly across from Knight's back lot and adjacent to Robert and Paula Loveland. He built a storage/shop/garage about a year and a half ago. At that time he was required to have Planning and Zoning Commission approval and to observe setback rules for side yards and thirty (30) feet from the street. Knight's units are right next to the street. They are in violation of the setback, and they do not have a street access. Paula Loveland asked if Robin Knight did not have to have a permit. Council member Folsom explained there was not an ordinance dealing with the specifications of storage units. There are setback requirements, but the setback requirements do not get rid of the units. Paula Loveland understood the units were to be temporary. How long is temporary? The units could become permanent if Knight made application and followed the setback requirements. There was Council discussion on what action to take. Basically Knight could do the same thing by observing a few rules. It was determined that Knight violated the move on ordinance and the setback requirements. Discussion included whether or not the units would be classified as a building and specifications for residential buildings versus industrial buildings. Paula Loveland asked if the units do not have to meet the Uniform Building Code. Mayor Ard quoted the move-on ordinance. The "building has to be in conformity with the type and quality of buildings existing in the area." City Council Meeting, November 2,2000 - Page 3 Council member Folsom moved to enforce the moving permit ordinance and to notify Knight that he needs a moving permit and to give him thirty days to make application for the permit. Councilmember Bean seconded the motion. Roll call vote: Folsom - Yes: Bean - Yes; Crandall- Yes. The motion carried. Val Loveland asked, if Knight chooses to keep the units, will any consideration be given for the fact that his backyard is thirty (30) feet from the front yard of their apartment building. The Planning and Zoning Commission will look at the setbacks. The setback should be thirty (30) feet from the right-of-way. Steve Loveland commented there is also a safety hazard involved. The view is blocked for vehicles backing out from the apartments. Kurt Murray, 1890 Eagle Drive, requested a home occupation permit. He would like to start up a snap photography business based out of his home. It would be a part time operation to do a little commercial work, mostly scenic photography. There would be a little bit of portraiture work on occasions. Most of the work would be off his property. He would like to make a few frames in his garage. The operation would be low key. There would be no employees. There would be no chemical processing at the home. There would be no signage, and there is not a problem complying with the home occupation requirements. During the holidays he would like to make some holiday wreaths in the basement. They would be taken away from the home to be sold. Councilmember Folsom moved to approve the home occupation permit for Kurt Murray, 1890 Eagle Drive. Council member Crandall seconded the motion. Roll call vote: Folsom - Yes; Crandall- Yes; Bean - Yes. The motion carried. Frank O'Leary represented NewCom Wireless regarding their request for a conditional use permit to allow a communication site on a parcel of land off Eagle Drive next to an existing tower of U.S. Cellular. At the request of the City Council, New Com has contacted U.S. Cellular and asked for a co-location. A copy of the reply from U.S. Cellular was presented to the City Council. U.S. Cellular stated that the request of NewCom was for a rental rate "far below fair market value for common carrier base station premises offering standing infrastructure." The letter further stated, "Please process NewCom's application for its own site." Frank O'Leary suggested six conditions to be attached to the Conditional Use Permit for the communication site that they requested. Some of the language in the six conditions was taken from the lease prepared by attorney Dale Storer for the City of Idaho Falls. Councilmember Bean asked for clarification of the proposed fees Newcom would charge for co-location. NewCom has not yet done a co-location on their pole. It was suggested that U.S. Cellular charge NewCom a reasonable rate or $4,000.00 (per year) to co-locate. U.S. Cellular indicated a co-location cost would be four to six times the suggested $4,000.00 (per year). The proposed conditions of NewCom indicate that NewCom would also charge City Council Meeting, November 2, 2000 - Page 4 more than $4,000.00 (per year) for co-location. NewCom has not established a co- location fee. NewCom is willing to consider another formula for setting the co-location fee. Also, they would not be averse to putting a cap on the co-location fee. The building will be for NewCom use only. NewCom wants to be fair, but they want the pole. A co-locator can use the pole, but they must get additional ground. NewCom is leasing a spot 20' x 30'. They have a five-year lease with five five-year options. Councilmember Crandall moved to grant a Conditional Use Permit to NewCom subject to the six conditions stated in the letter faxed to Councilmember Bean on November 2, 2000, and to add an extra condition that they charge not more than $4,000.00 for a basic installation. Council member Bean seconded the motion. Roll call vote: Crandall - Yes; Bean - Yes; Folsom - No. The motion carried. The six conditions are as follows: 1) The Antenna support structure shall not exceed 90' in height. 2) The antenna support structure shall be designed for up to two additional carriers. 3) Subleasing will be allowed on the antenna support structure subject to loading capacity, RF interference, compatibility issues and design restrictions. 4) Upon completion of construction, NewCom shall provide the City with a statement that sets forth the actual design, construction, and development of the monopole. The subsequent user shall be charged one third of the design, construction, and development cost plus a reasonable annual administration fee to NewCom. The annual administration fee is for Site management and shall not exceed twenty percent (20%) of the total cost of the communications monopole and foundation plus a fair pro-rata share of maintenance expenses. (This is the language out of the lease with the City of Idaho Falls.) 5) Potential users may be required to enter into a ground lease with NewCom's Landlord for their equipment shelters. 6) If NewCom, or subsequent users abandon the site, the antenna support structure shall be removed from the property within 120 days. . The conditions were discussed. Karen Anderson of the Planning and Zoning Commission suggested adding an inflation clause. Council member Crandall moved to amend the motion granting a Conditional Use Permit to NewCom to add a 3% inflation clause. Councilmember Folsom seconded the motion. Roll call vote: Crandall - Yes; Folsom - Yes; Bean - No. The motion carried. The Owen Street Traffic Study was reviewed. ''The conclusions in the draft Owen Street Traffic Study include a recommendation to move and consolidate access points along Owen Street in the vicinity of Hillcrest High School and Sandcreek Middle SchooL" Darrell West of BMPO requested Entranco to examine an option proposed City Council Meeting, November 2, 2000 - Page 5 by Bill Manwill. Entranco responded to the request and called it "Alternative 1." Alternative 1 consists of closing the existing access to Hillcrest High School to provide access only to Sandcreek Middle School from Owen Street. A new access to Hillcrest High School would be constructed on the west from Derrald Avenue. Closing Owen Street would benefit the congestion and pedestrian conflicts around the school entrances. There is no advantage to take Owen Street clear through to Hitt Road. "Alternative 1 will not improve the operation of Hillcrest High School's two Sunnyside Road intersections." The School District has a copy of the report. The School District may not do much about the issue until next year. It was suggested that members of the School Board and/or Administration be invited to the next City Council meeting for a discussion on the report. Engineer Manwill advised that lona Bonneville Sewer District (IBSD) is locked into the sewer rate of $16.75 per month for next year. They plan to absorb any increased costs this year. Council member Bean discussed the Memorandum of Understanding between City of Idaho Falls and City of Ammon regarding establishment of boundaries for their adjoining Areas of Impact. Both entities agree that (1) East Side of Hitt Road will serve as the common boundary except for Ivan's Acres and a narrow strip east of Eastern Idaho Technical College between Hitt Road and Sand Creek currently annexed to City of Idaho Falls. (2) The cities will not annex into each other's respective Area of Impact unless otherwise mutually agreed upon by both parties. (3) The cost of constructing Hitt Road improvements shall be shared. There was a discussion on the equal right of access to Hitt Road. Access on Hitt Road is to be in compliance with the BMPO Access Management Plan. Councilmember Bean read the Memorandum of Understanding between City of Idaho Falls and City of Ammon regarding the sewer and the sewer service area. The sewer service area was pointed out on the map. City of Idaho Falls was reluctant to give City of Ammon all of our Area of Impact for a sewer service area. They believe that is too large of an area. City of Idaho Falls wants rates and City of Ammon wants area. Council member Bean will take the Memorandum of Understanding to Mayor Milam for approval. The Development Agreement for Quail Ridge Division No.4 has not been signed. The agreement was read and the changes were noted. The developers are doing sewer work inside of the property. They are taking a risk proceeding without approval. The original plans for Quail Ridge Division No.4 were submitted and approved by Bonneville County. The improvement drawings have not been submitted to the City of Ammon. Ammon's standards are approved by the City of Idaho Falls. Council member Folsom moved to accept the Development Agreement for Quail Ridge Division NO.4. Councilmember Crandall seconded the motion. Roll call vote: Folsom - Yes; Crandall - Yes; Bean - Yes. The motion carried. City Council Meeting, November 2,2000 - Page 6 Attorney Anderson introduced and read Ordinance No. 281, AN ORDINANCE ANNEXING CERTAIN LANDS TO THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO; DESCRIBING WITH PARTICULARLY 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. (QUAIL RIDGE SUBDIVISION DIVISION NO.4) 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 Bean seconded the motion. Roll call vote: Folsom - Yes; Bean - Yes; Crandall - Yes. The motion carried. Council member Folsom read Ordinance No. 281 by title and moved the adoption of Ordinance No. 281 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. 282 AN ORDINANCE ANNEXING CERTAIN LANDS TO THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO; DESSCRIBING WITH PARTICULARLY 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. (EAST 21st STREET ANNEXATION PRIOR TO PLATTING) Ordinance No. 282 includes various parcels, which are not platted. Platting will be required before any building permits are issued. Councilmember Folsom moved that the City Council dispenses with the rule requiring the reading of the ordinance on three different days and that the three readings be waived. Councilmember Crandall seconded the motion. Roll call vote: Folsom - Yes; Crandall - Yes; Bean - Yes. The motion carried. Council member Folsom read Ordinance No. 282 by title and moved the adoption of the Ordinance No. 282 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 - OYes; Bean - Yes. The motion carried. Ordinance No. 281 and Ordinance No. 282 establish the zone as RP. City Council Meeting, November 2,2000 - Page 7 Reports: Councilmember Bean reported that the City of Ammon did not receive the grant from CHC Foundation for Eagle Pointe Park. Jay Johnson should be billed for a portion of the costs to extend the waterline on East 17th Street. Action needs to be taken to settle the account with David Benton. The City is trying to negotiate on the water and sewer maps. He would like to retain ownership and provide the City with regular updates for a fixed rate. Engineer Manwill updated the City Council on the Sunnyside Road project. The basic plans have been agreed on. Any enhancement will need to be paid by the entity requesting the enhancement. Any increase in costs may cause delay. Fire Chief Nelson reported for the Fire Department. The fire truck quit again because of a carburetion problem. It was repaired once by Sunnyside Automotive. An event summary for October was distributed. Chief Nelson asked for input on a letter they have prepared to outline rules for construction within the City of Ammon. The letter is to be given out with a building permit. The rules specify that once walls are erected for either a residential or a commercial unit that an address of the unit needs to be predominately displayed. Burning of construction rubbish requires a valid burning permit. The permanent address for commercial buildings needs to be no smaller than 4 inches in height and of a contrasting color from the background. All commercial buildings are to be fitted with a Knox security box. Claims were approved. Council member Crandall moved to adjourn the meeting and Councilmember Bean seconded the motion. The meeting was adjourned at 10:25 p.m. Mayor Attest: City Clerk