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Council Minutes 06/21/2001 CITY OF AMMON June 21,2001 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 Councilmember Harvey L. Crandall Councilmember Leslie Folsom Attorney W. Joe Anderson Engineer Bill Manwill Public Works Director David Wadsworth Fire Chief Clarence Nelson Officer Greg Black City Clerk Aleen C. Jensen Deputy Clerk Connie R. Guymon Others Present: Rebecca Myers, 129 Red Fox Drive, Ammon Glen R. and LaRue Standley, 151 Red Fox Drive, Ammon Jean D. Wotring, 125 Red Fox Drive, Ammon Don and Matt Goerg, 432 8th Street, Idaho Falls, Idaho Steven Hatch, 516 9th Street, Idaho Falls, Idaho Eight Boy Scouts Absent: Councilmember Ira K. Hall Councilmember Bean led the Pledge of Allegiance to the Flag and Council member Crandall offered a prayer. Rebecca Myers, 129 Red Fox Drive, represented the Fox Hollow Homeowners' Association. Fox Hollow is the development across the street north of Tie Breaker Village, and it accesses First Street from Red Fox Drive. The residents requested that a sign be put up to caution drivers that children are playing there. People tend to speed around the corners, and children cross First Street at Red Fox Drive to get to Tie Breaker School. Also, there is a problem with weeds along the easement (right-of- way) between the development and First Street. They would like the City to cut down the weeds. Jean D. Wotring, 125 Red Fox Drive, addressed a third problem. There is a drainage problem at Red Fox Drive and First Street. When it rains, the water builds up and fills up a hole big enough for a child to fall in. Also, the water backs up on the sidewalk. In City Council Meeting, June 21,2001 - Page 2 the winter it freezes and people have fallen there. She wondered if the City could not put in some kind of drain. Councilmember Crandall asked if Skidmore Construction, the developer, had been approached about the drainage problem. Glen Standley stated that, when he first moved in, he understood Skidmores planned a French drain for both sides of Red Fox Drive. Since that time, Skidmore has indicated that he is not going to do anything. The rest of the development has been taken care of, but all the water comes down to the last three houses on Red Fox Drive. A swale has been dug out and it is about 18" to 20" deep. A French drain is about the only solution, and one would need to be on both sides of the road. Council member Bean and Public Works Director Wadsworth agreed to visit the area to evaluate the situation. Public Works Director Wadsworth pointed out that there is little grass on Red Fox Drive. The residences are townhouses with a concentration of driveways. There is not enough grass to take the seepage. Glen Standley said the easement (right-of-way) needs more than just to have the weeds cut. It needs to be smoothed off and to have some gravel. It was questioned if the City could withhold issuing building permits in the development to force Skidmore to take action on the drainage problem. Attorney Anderson was unsure if this would be possible because the problem is not associated with the lot to be built on. Fox Hollow is the first subdivision that the City approved for development with a drainage swale. The swale is eight (8) feet wide in this area, and it is too narrow. The drainage swale in newer developments is fourteen (14) feet wide. Engineer Manwill explained about swales. The Fox Hollow swale is so narrow that it becomes a hole rather than a swale. A French drain would get the water through the clay soil into gravel. The City could probably build one French drain with a lateral across to the other side. That would be cheaper than two French drains. It was estimated that a French drain would cost approximately $3,000. Regarding a "children at play" sign for Red Fox Drive just off First Street, it is contrary to City policy. Bill Manwill presented a pamphlet "What You Need To Know About Children At Play." The pamphlet states that concerned citizens fail to realize that the signs are deceiving and ineffective. "Children at Play" signs also tend to create a false sense of security for parents and children who believe the signs provide an added degree of protection when motorists, particularly local ones, actually pay little attention to them. The pamphlet was obtained from the Engineering Division of the City of Buenaventura, and they gave the City of Ammon permission to use it. City Council Meeting, June 21, 2001 - Page 3 Councilmember Bean said that, although it is not City policy, we should consider erecting a "Children at Play" sign on Red Fox Drive just off First Street. Council member Folsom recommended corrections to the minutes of City Council Meeting held May 17, 2001. On page 3, paragraph 3, Council member Folsom voted "No" on the motion regarding the Preliminary Plat for Briarwood. The minutes showed her as voting "Yes." Other typo corrections were pointed out. Councilmember Folsom moved to approve the minutes of City Council Meeting held May 17, 2001, as corrected. Councilmember Bean seconded the motion. Roll call vote: Folsom - Yes; Bean - Yes; Crandall- Yes. The motion carried. The City Clerk asked the Council to review the Findings of Fact and Conclusion which were prepared following action taken on the request of Harold Loveland for a rezone from R-1 to R-1A of his vacant lot on Romrell Lane. The Findings have been sent to the applicant in order to notify him that his request was denied. These Findings are to be included in the minutes of June 7, 2001. Councilmember Folsom reported on information received at the recent AIC Conference. The City can make changes in one subdivision and not have to make the changes in all subdivisions of the City. We can target a section to make exceptions without being committed to all the other sections of the City. It has been challenged and passed. This would apply to the Ammon original townsite and Harold Loveland's request. We could make an exception applicable to that area without being obligated to do it everywhere. Councilmember Bean expressed the opinion that it is a matter of making exceptions rather than following consistently what we are doing. We make an exception here, and then we make an exception here, and another exception here. All of a sudden we set precedence. It is not a matter of we can't. It is we do not want to. The City Clerk reminded that when the City Council member votes "no" on a motion that there should be a reason for voting "no." This reason should be stated in the minutes. There was a discussion on negative motions. For example, when a motion is made to deny a request, the Council member has to vote "no" when he or she is in favor of granting the request. Attorney Anderson offered some counsel. Mayor Ard asked if Greg Black, Bonneville County Sheriffs officer assigned to Ammon, had anything to discuss with the Council. He discussed a project to work on some speed zone signs for the City. The existing speed zone signs throughout the City are inadequate. Plans are to take care of the situation as soon as some poles are placed in the ground. There is an ordinance in the City that states the speed limit is 25mph in the residential area. It will take about six signs to correct the problem. City Council Meeting, June 21, 2001 - Page 4 Council member Bean recommended that the speed sign on Owen Street be changed from 20 mph to 25 mph with a school zone sign underneath. It is not necessary to go 20 mph when school is not in session. Basically, the speed limit should be 25 mph year round. Public Works Director Wadsworth explained it may not be necessary to set 25 mph speed signs on Owen Street because the way the signs are to be set up we should not need a 25 mph sign on every street. The school zones should be marked. Mayor Ard welcomed the Boy Scouts and commended them for participating in the Scouting program. Council member Bean reported that he and Mayor Ard met with Doyle Batt, Chairman of the Board for School District 93, and School Board members Craig Lords and David Smith. They are concerned that everything regarding the Owen Street project gets done and that it gets done right. They proposed something a little different than was originally planned. They want to go ahead and put in a "dust pan" (cul-de-sac) on the end of Derrald Avenue into their property. It is a good idea because, if you have a street going on to a parking lot, cars will just zip around there and by-pass Sunnyside Road. So they want to put in the cul-de-sac with a drive off into the parking lot. It will cost more, and it will include curb and gutter. The School District will do it at their cost. There are a couple of things the School District wants from the City. One, they want to deed the cul-de-sac to the City for the City to maintain. It should be fairly easy to maintain. However, we will need to be careful when we plow snow to not break the curbs off. Originally the City did not want the cul-de-sac. Now it is not a bad idea. The cul-de-sac becomes a turn around and is basically a dead-end. The City has required that the cul-de-sac be a full sixty (60) feet radius. Council member Folsom asked for clarification of the difference in the plans. Mayor Ard explained the difference is that at first the whole road would turn into the parking lot. Now there is just a turn around. If you are going to pull into the parking lot, you are pulling in to the parking lot. Also, there should be a dead-end street sign. If the City agrees to let the school proceed with these plans, the City wants the cul-de-sac signed "no parking." There is a real propensity for parents to park in the cul-de-sac and then walk over to the ball field rather than to drive another hundred feet into the parking lot. The School has agreed to the "no parking" sign. The other thing that the School wants is a traffic light on Sunnyside Road at Taylorview Lane. They have agreed that, if a light goes in, they will shut off the east entrance to make one in-and-out. They will widen the entrance road to four lanes-a right turn, a left turn, a center lane, and a turn-in. They have agreed to give the City right-of-way for the acceleration and deceleration lanes. Craig Lords is looking for a stoplight. The School's concerns are valid concerns in the terms of safety. There is an City Council Meeting, June 21,2001 - Page 5 accident waiting to happen. The City agreed to the idea that it can be set up for a light to be put in if the School can get a light donated. The School has agreed to use the power from their sign. Council member Folsom stated that she has always been in favor of a light on Sunnyside Road at Taylorview Lane. The City Council did a recap of the proposed plans. The expense to the City is for the installation of the light and there may be some maintenance. The School will pay for the improvements on their property. Another area of discussion with the school officials was a Rawson Street entrance/exit to Sand Creek Middle School. The City does not support extending Rawson Street without addressing residential concerns. The west end of Rawson Street is complete with curb, gutter, and sidewalks. Also, the houses are too close to the street. The School officials wanted Rawson Street or a light. Engineer Manwill commented. He did not disagree with the plans. His opinion has been that the City Council would have to do the light because he could not get engineering justification for a light. He does not oppose. The City has to do it. He can not help to do it. To meet the current standards, a light will cost from $150,000 to $200,000. The lights taken out from downtown City of Idaho Falls do not meet current standards. The difference between a current standard light and a light that does not meet current standards is liability. A traffic engineer or a lawyer would know the difference in lights. The public would not know the difference because they function the same. Standards change all the time. Liability issues were discussed. The Mayor thought that, while Sunnyside Road is being improved, we need to design for a light and include whatever we need or may need. Taylorview Lane is a four-way approach. Councilmember Crandall stated that he believed the Mayor and Councilmember Bean negotiated a good deal with the School District, and he supported the plans. Councilmember Bean moved relative to the project on Owen Street related to Derrald Avenue that we support the School District in putting a cul-de-sac in with a radius that matches the City of Ammon's standards with curb and gutter and sidewalk with the anticipation that we will put a dead-end sign up going into that cul-de-sac and it will be signed as "no parking" and the School District will put a drive off of that cul-de-sac to access their parking lot. In addition to that, City of Ammon would agree to install a light at the west entrance of Hillcrest High School that lines up with Taylorview Lane in-so-far as we can get a light donated from the City of Idaho Falls or somewhere and the School District agrees to widen that entrance to a minimum of four lanes and line it up with Taylorview Lane. They will provide to us the access to power from the marqee and they will provide to us the rights-of-way for acceleration and deceleration lanes into that west entrance and then they agree to close off the east entrance at such time City Council Meeting, June 21,2001 - Page 6 as that light goes in. The City would accept a deed to the cul-de-sac on Derrald Avenue and the City will maintain it at that point in time. Council member Crandall asked for clarification that the cul-de-sac would be put in by the School District at heir expense. Following the clarification statement, Councilmember Crandall seconded the motion. Roll call vote: Bean - Yes; Crandall - Yes; Folsom - Yes. The motion carried. Engineer Manwill agreed to make sure provisions for a traffic light are included in the Sunnyside Road plans. Once a traffic light is installed some decisions will need to be made about activating it. Costs for supplying power to a light were discussed. Mayor Ard pointed out another thing that came out of the meeting. The School District representatives want to keep everything on the up and up. The School District and the City are both happy with the communications, which are happening now. We can sit down and talk together. It was a good positive meeting. Council member Crandall encouraged that, in future meetings, the City Council be extremely careful in what we commit to. All agreed that we do not want to send wrong signals and we do not leave wrong impressions Council member Crandall moved to change the street name in Briarwood Division NO.3 from Sunstone Circle to Milestone Circle. Council member Folsom seconded the motion. Roll call vote: Crandall - Yes; Folsom - Yes; Bean - Yes. The motion carried. Kmart, 3101 East 1 ih Street, applied for a Fireworks Permit for the sale of safe and sane fireworks. The time of sale begins at midnight on June 23 and ends at midnight on July 5. There was some question as to whether or not we should grant a permit for the sale of fireworks within a store. The Fire Department advised that we should support our local businesses. Council member Crandall moved to grant Kmart a permit for the retail sale of safe and sane fireworks subject to an inspection by the Fire Department. Councilmember Folsom seconded the motion. Roll call vote: Crandall- Yes; Folsom - Yes; Bean - Yes. The motion carried. Karen Roberts has applied for a business license for 24 Hour Safetyland Day Care, 2660 East First Street. This location is the old Montessori School. The Council agreed the proposed location is a good place for the day care. Before the Roberts purchased the property, Greg Maeser, Chairman of the Planning and Zoning Commission, wrote a letter to confirm that the zoning would allow a day care. The Council decided a motion to approve the license was not necessary, but they requested that Planning and Zoning sign off on the license application. Mayor Ard opened a discussion on the water and sewer rates for Palisades Park Apartments (Syringa Property Management). After the work session to review the City Council Meeting, June 21, 2001 - Page 7 account, it was indicated that the Council wanted to communicate with Syringa Management. Attorney Anderson drafted a letter for the Council to consider determining if he was approaching the issue in the way the Council wanted. Council members took time to individually read the draft of the letter. Councilmember Folsom had recommended that the letter point out that the City does not have a meter rate for apartments or residences. We only have a meter rate for commercial use. There are two options for establishing a billing rate. The City can raise the meter rate to an appropriate level for apartments and continue to use meters. Or, we can raise their monthly water fee for each apartment to $12.50 per month comparable to other apartments and give credit or phase the charge in over a period of time to compensate for the cost of the meters. It was agreed to send the letter as drafted to Syringa Management. Council member Folsom was concerned that we do not have our meter box requirement documented. She asked if it could be included in the resolution on utility rates. When a building permit is issued we require new water connections to install a meter box and pay a meter deposit in case the City goes to metered water. Commercial connections are required to install a meter or provide a space for one. It was agreed to add this requirement to the resolution when it is revised. Three offers to purchase were received on the equipment advertised as surplus. Waters Construction bid $1,495 for the 1980 Ford Utility Truck and $495 for the 1973 Chevrolet 2-Ton Dump Truck. Briggs Roofing Company bid $3,000 for the 1968 Huber Grader, and Centennial Enterprises bid $1,117.77 for the 1968 Huber Grader. Council member Bean moved to award the bid to Briggs Roofing for $3,000 on the motor grader and to Waters Construction for $1,495 for the 1980 utility truck and $495 on the 1973 dump truck payable with certified funds or cash. Councilmember Crandall seconded the motion. Roll call vote: Bean - Yes; Crandall- Yes; Folsom - Yes. The motion carried. Sales tax should be collected. The City Council will accept offers on the other items declared surplus. Any additional offers should be brought before the Council at a regular meeting. No action was taken on unfinished business. The next City Council Meeting will be Thursday, July 12, 2001. Reports: Chief Nelson reported for the Fire Department. He discussed fire hydrant usage. Falls Water Company and other entities have purchased hydrant meters, which they issue to those who want to get water from a fire hydrant. A meter deposit is required and a written contract covers usage requirements. Chief Nelson proposed that the City Council consider a similar contractual agreement. For example, Early Bird Lawn Care wants to use one of the hydrants for the summer to fill up their trucks. City Council Meeting, June 21, 2001 - Page 8 A copy of the Falls Water Company's Hydrant Meter Contract was given to the Council for review. Councilmember Bean pointed out that construction companies regularly use the fire hydrants to fill up their water trucks. This is a cost for the City, and maybe we should be charging a fee. Council member Folsom reported on a meeting with Fire Marshal Bill Brotherson, Fire Chief Clarence Nelson, Public Works Director David Wadsworth, and Mayor Ard regarding fees collected for fire inspections. Any money received for inspections or miscellaneous services was turned over to the Auxiliary fund. They have an account set up at Washington Mutual. It was decided that, in the future, all monies collected would have to be accounted for with the other City funds. The Department agreed to set up a proposed fee schedule and to let the Council determine what to do about charging fees and how much. We should add a line item in the budget for the Auxiliary to cover projects, which they do to benefit the Department. Chief Nelson explained details of a hydrant meter program. Information on rates should be researched to see if it is worthwhile for the City to get involved in such a program. David Wadsworth reported for Public Works. They are plugging along. Virtually all they have been doing is picking up garbage and mowing lawns. Three members of the crew have been off during the week. Council member Crandall asked about the restrooms at Peterson Park. They are always locked up. The coaches of the ball teams have keys to the Peterson Park restrooms. Councilmember Folsom reported that the ball teams leave a lot of garbage. City of Idaho Falls fines if users leave garbage. The City of Ammon does not charge for usage so our Parks Department employees should not be picking up garbage after an event. Council member Bean added that City of Idaho Falls charges the ball teams for usage. They have one person assigned to each park to keep the park up, and that park is kept up very well. If the ball teams want our parks maintained, they may have to help. Street patching will continue when manpower is available. Attorney Anderson advised that the City has a request through Bonneville Land Title Company to abandon the access easement on Hitt Road to Dennis Austad's property in Monty Howell Addition. Attorney Anderson asked if they wanted to vacate the plat as well. They came back and said they would leave the plat, but they want to vacate City Council Meeting, June 21, 2001 - Page 9 the access easement. They are not using the access. Engineer Manwill is agreeable with the request. We need to set a hearing to abandon the easement because it is a part of the plat. If this access is abandoned, Idaho Falls should allow a different access to Hitt Road at another location. Action on this is a matter of formality. Attorney Anderson will get a legal description so a hearing can be set up. Councilmember Folsom said that at the last meeting she made a negative comment about the storage units on the property at 3275 Owen Street. She was concerned, if we went into a lawsuit, if this would jeopardize the City and show that she was prejudiced. In view of this, she might stand down at the nuisance hearing. Attorney Anderson advised it was not a matter of the proceedings. It was a matter of an offhand comment. Whether or not that would be part of the minutes is questionable. The comment is on the tape, and the Knights have asked for the tapes. Attorney Anderson would like to listen to the tapes. Councilmember Folsom observed some neat ideas when she was at the AIC Conference in Nampa. In one of the parks they had a rose garden surrounded by a hedge. There was a gazebo in the rose garden that they rent out for weddings. The rental money goes back into parks. Another idea from Idaho Falls is a water drainage plan where a large area is developed with slopes, a sprinkler system, and seed. Basically it becomes a park totally developed that a developer turns over to the City. This is a storm water treatment program, and it is expensive for developers to do. Engineer Manwill stated that Ammon is seeing the large amount of growth because of unreasonable development fees imposed in other areas. Engineer Manwill objects to curb and gutter because many times curb and gutter subdivisions are allowed without any storm water treatment. If you do curb and gutter, you need to do the whole system including the collection and treatment. Council member Folsom brought up the ideas as a means to benefit City of Ammon. Mayor Ard cited an example. We developed a communication tower ordinance. Now they are putting towers up all around us. As we annex, the towers end up in Ammon anyway. A Consumer Confidence Report for our drinking water has been completed with the Division of Environmental Quality. We are required to give notification to the users that the report is available and that our drinking water meets the standards. The Council authorized that a notice be added to the billing, which is to be mailed June 30. City Council Meeting, June 21, 2001 - Page 10 The City Clerk advised that the Toshiba copier is due for major maintenance. The basic major maintenance cost is about $132. We have a scratch on the drum, and our service company wants to know if we would like to replace the drum when they do the major maintenance. Total cost would be approximately $310. The Council authorized the major maintenance with the drum replacement. The City Clerk also gave the Council some information on a Certificate of Deposit that is maturing, Blue Shield Insurance renewal, and sales and use tax. No action was taken. Mayor Ard, Councilmember Bean, and Councilmember Folsom recommended that they get together to review the City's employee benefit package. A budget work session was scheduled for July 10 at 6:30 P.M. at the City Building. Claims were approved. Mayor Ard requested that the City Council adjourn to an Executive Session to discuss personnel matters. Councilmember Folsom moved to adjourn to an Executive Session, and Councilmember Bean seconded the motion. The regular meeting was adjourned. Mayor Attest: City Clerk