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Council Minutes 10/03/2002 CITY OF AMMON October 3,2002 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 Karen Y. Anderson Councilmember W. Lee Bean Council member Leslie Folsom Council member Randy G.Waite Attorney Scott Hall City Administrator Bruce Rose Public Works Director David Wadsworth Parks Director Ken Knoch Fire Chief Clarence Nelson City Clerk Aleen C. Jensen Office Assistant Erika Price Others Present: Tom Hunsaker, Planning and Zoning Ron Folsom, Planning and Zoning Cindy Donovan, Planning and Zoning Sgt. Greg Black, Bonneville County Sheriffs Department Alan Cunningham, Mountain River Engineering George Sandoval, 4135 Greenwillow, Idaho Falls Ryan and Dana Kirkham, 2395 South Fieldstone Court, Ammon Scott Pickett, 2526 South Foothill Road, Idaho Falls Todd Groberg, 2677 East 1 ih Street, Idaho Falls Dean Ellis, 3110 Ross Avenue, Ammon Tricia Workman, 3425 Owen Street, Ammon AI Reese, 2248 Croft, Idaho Falls Jesse Sandoval, 3385 Owen Street, Ammon Daniel Fohrenck, 4662 East 113 North, Idaho Falls Jason Wood, 6357 South 46th East, Idaho Falls Holly Simmons, 2580 Stafford Cove, Ammon Julie Harris, 3125 Springwood Lane, Ammon 530 North Fanning, Apt. #35, Idaho Falls D. Kurt Zorn, 5127 Brennan Bend, Ammon Paul and Laree Wadsworth, 2175 Cabellaro Drive, Ammon Absent: Engineer Bill Manwill City Council Meeting, October 3,2002 - Page 2 Councilmember Waite led the Pledge of Allegiance to the Flag, and Council member Bean offered a prayer. The first item of business was a report by Chairman Tom Hunsaker on the Planning and Zoning Commission meeting held, Tuesday, October 1, 2002. The Commission continued their discussion on the request of the City Council to meet with some of the property owners that we are inviting to annex to the City to see what type of zoning they would like. It was decided to hold some work meetings to work out details before making a recommendation to the City Council on a new RA zone. There were two public hearings. The first hearing was to consider a request of Mark Johnson, developer of Cottonwood Hills Estates, to add OL-6 to allow for keeping of animals. The Commission debated that the density of animals allowed in the animal ordinance is too high. The final decision was to recommend approval to add OL-6. Six members voted to recommend approval and three members voted to deny. The arguments against were that one animal for 7,000 square feet is too dense; today's owner may limit the number of animals, but a future owner may not; and the ordinance needs to be fixed before any approval is given. The City Council can accept the recommendation of the Planning and Zoning Commission or decide to hold a second public hearing. The second public hearing was to consider a request of Jay Johnson to annex 266.09 acres south of Ross Avenue on the eastside of Ammon Road. A large portion of the property is in the flood plain. The Commission decided to unanimously recommend approval of the annexation subject to an acceptable Annexation Agreement and the developer and the City reaching a decision about a park. There was public opposition. The concerns were about density since surrounding properties are larger acreages, impact on the sewer and water systems, traffic, and whether or not it is a good idea to build in the flood plain. The LOS Church property is included in the annexation. The developer is interested in starting development in the south areas, which are basically out of the flood plain. Council member Bean recommended holding a public hearing before the City Council because he would like the developer to explain the plans for the water and sewer. Jay Johnson usually develops property with two homes per acre. The annexation involves a number of City issues so we need to act carefully. There was a discussion regarding whether or not there is time between a Planning and Zoning meeting on Tuesday and a City Council meeting on the next Thursday for the City Council to become sufficiently informed in order to act on the issue. Planning and Zoning is responsible to make a reasonable effort to City Council Meeting, October 3,2002 - Page 3 report on their recommendations to the City Council. There are times when the City Council needs to act quickly, and there are times when more deliberation is needed. There were several other items of business on the Planning and Zoning Commission agenda. Ted Petersen owns a home in Ammon, which joins his cabinet shop on Crowley Road, which is in Bonneville County. Ted wants to keep his house but sell his cabinet shop. The question was, will the zoning allow a new owner to continue to operate the cabinet shop? A number of possibilities were considered. The only one that would probably work is for the new owner to purchase both the house and the cabinet shop and let one remain part of Ammon and the other remain in Bonneville County. The County may then be able to reissue a home occupation permit for the cabinet shop. If the cabinet shop is annexed to Ammon, it does not meet our requirements to continue as a home occupation. The Sixth Amended Plat of Ricks Farm Division No. 1 was recommended for approval. The Commission talked about swales, right-of- way, corner lot width, and off street parking. The Planning and Zoning Commission plans to delay their meeting in November until Tuesday, November 12 because of General Election. Ron Folsom represented Planning and Zoning to discuss the proposed revisions to the off street parking requirements. It was determined to not address parking spaces for call centers. If Ammon gets a call center, it will be up to the City Councilor the Board of Adjustment to decide on the number of parking spaces. Regarding the addition of one employee parking space for every 1,000 square feet, the Commission voted to not include it. The reason cited was fairness to the owner of the business and possible fluctuation in the number of employees. Revisions were proposed to clarify parking spaces required for apartments with three units or more. This included what constitutes one-half of a parking space, covered or capable of being covered parking spaces, and computation of required parking spaces. The Planning and Zoning Commission checks parking spaces on the site plan. It was determined that there are significant changes to the proposed off street parking requirements so the Planning and Zoning Commission should hold another public hearing. Councilmember Anderson moved to hold a public hearing before the City Council on the request of Jay Johnson for annexation of the property (266.09 acres) south of Ross Avenue and East of Ammon Road. Councilmember Folsom seconded the motion. Roll call vote: Anderson - Yes; Folsom - Yes; Bean - Yes; Waite - Yes. The motion carried unanimously. Regarding the request to add an animal overlay (OL-6) on Cottonwood Hills Estates, the City Council decided to continue the discussion at the next meeting. City Council Meeting, October 3,2002 - Page 4 The City Council requested that George Sandoval, owner, and Jesse Sandoval, occupant of 3385 Owen Street, appear at the meeting in response to a nuisance complaint filed by the neighbors. Mayor Ard opened the meeting for the Council to question George Sandoval. George and Jesse answered the questions of the Council to explain about their activities at 3385 Owen Street. They run Demolition Derbies. So they collect cars and prepare them for a Derby. The cars are not cars for street use. They handle about seventy-five cars in a season. There are five cars left on the property at this time. Noise should not be a problem because they try not to work on the cars later than 10:00 p.m. They try to keep the yard cleaned up of the vehicle parts, and they are putting up a six- foot fence. The cars will be parked in the fenced area where they are out of sight. They sell some of the cars on the side. Junk cars or parts are taken to the junkyard. The Sandovals take safety precautions. What the Sandovals described sounded to the Council like a commercial operation. George stated it is not commercial. It is a hobby. Jesse buys cars. He fixes some cars for profit and he fixes some cars for friends and family without charging. No one buried anything in the yard during the week. They did bring in a backhoe to level unused ditches. All the Demo stuff goes on a garbage trailer and is taken to the dump. Charlies Auto takes the gas tanks. Sandovals received a copy of the ordinance regarding nuisances. Jesse lives in the house, and it does not have termites or ants. The Fire Department prepared information on their observation of the condition of the property. The house looks like it is vacant from the front. Jesse uses a side door. A spray gun is used on the cars. Jesse works on the cars every night after work. George has been doing Derby cars for nineteen years. The lot on Owen Street is big and it works for them. Welding is mostly done in the shop next to the house. Sandovals do not believe anything they do is offensive to all the school kids who attend Ammon Elementary School across the corner. Jesse said he has not had one cop come to his house about a noise complaint or anything. None of the neighbors have come to his house to ask what he is doing. They cars are stock cars. They are not usable for the purpose they were manufactured for. Attorney Hall asked about how many cars are sold and if the buyers come to the location? Jesse sells about five cars a year. When he has a car for sale, he advertises it in the newspaper. He has sold one car this year. Councilmember Waite asked Sgt. Black if it is legal to run the cars on the street. It is not. The cars do not have mufflers. The cars are loud and they can be very noisy, but they are not run more than five minutes at a time. One of the neighbors commented on the noise. The Council was of the opinion that Sandovals are engaged in a business but it may be a not-for-profit business. They repair cars, they bring stock cars in, they City Council Meeting, October 3,2002 - Page 5 sell cars, they start the cars and create a noise problem, and they run the cars on the street. At a minimum they are engaged in a home occupation. Jesse contended that it is a hobby. Fixing cars and selling cars requires a commercial location. The junk cars and Derby cars are causing the nuisance. Council member Folsom moved that the Sandoval operation at 3385 Owen Street is a public nuisance according to City Code 5-2-13(A) and requested a cease and desists order. Councilmember Waite seconded the motion. Roll call vote: Folsom - Yes; Waite - Yes; Bean - Yes; Anderson - Yes. The motion carried unanimously. Attorney Hall advised that it is up to the City Council to determine a reasonable time frame to move the vehicles. 530 North Fanning, Apt. #35, Idaho Falls, commented that she works for Eagle Rock Transport. She drives a group of disabled kids by the place everyday. Those kids love to see what is going on at 3385 Owen Street. She runs the Demos. She works on her Demo at Jesse's. AI Reese, 2248 Croft Street, Idaho Falls, stated he hears the Council using a number of different complaints to base their decision on one issue. Other issues are being used to harass Jesse. The City Council only voted on the nuisance Code section 5-2-13 (A). No one is against Derby cars and racing in Derbies. What the Sandovals are doing is not appropriate at the residential location. George and Jesse Sandoval walked out of the meeting. Daniel Fohrenck, 4662 East 113 North, Idaho Falls, asked which cars are to be moved off the lot. The answer was those that follow under the nuisance description in C.C.5-2-13(A). There are only two wrecked cars on the lot. The others are operable. Originally the cars were to be gone by September 15. Sandovals have been cleaning up. Councilmember Bean made the recommendation to allow thirty (30) days to move the vehicles off. David Wadsworth said they did not get the vehicles moved by September 15 because they had two more Demolition Derbies after that. Councilmember Anderson asked if Councilmember Bean's recommendation was a motion. If so, she seconded it. Attorney Hall recommended amending the prior motion, which declared the nuisance according to C.C. 5-2-13(A) to include the time frame and to cite whether it is just the vehicles or if it includes other scrap materials. Council member Folsom moved to amend the motion to allow Sandovals thirty (30) days to remove from the property at 3385 Owen Street in Ammon the City Council Meeting, October 3,2002 - Page 6 unsheltered, old, unused, stripped, junked, inoperable or unregistered, and other automobiles, not in good and safe operating condition, and any other vehicles, machinery, implements, and/or equipment and personal property of any kind which is no longer safely useable for the purpose for which it was manufactured. Councilmember Anderson seconded the motion. Roll call vote: Folsom - Yes; Anderson - Yes; Bean - Yes; Waite - Yes. The motion carried unanimously. The Sandovals should be mailed a copy of the motion. Dana Kirkham lives at 2395 South Fieldstone Court in The Cottages. She gave the Clerk a memorandum for the Mayor and City Council. Dana asked that the memorandum be included as part of the written record. Also, she showed pictures to identify the problems that she has concerns with. She attended City Council meeting in June and July pertaining to this same issue. At the last meeting in July the developer said the problems would be remedied in two and one-half weeks, and the City Council accepted his commitment. It is two and one-half months later, and the problems still exist. "I would like the following existing problems in the Cottages Subdivision addressed and a reasonable resolution found: a) The roads are in serious disrepair and have been for the last 6 months. This is a safety issue that will only worsen in the winter months. b) The road connecting division 1 and 2 are only partially complete. Occupants in the lower half of division 2 have a small strip of pavement and then makeshift dirt roads out of the subdivision. c) The French drains provided for wastewater are placed too close to the road and actually represent a large unmarked hole that a car could easily be driven into especially when covered with snow. d) The sidewalks being built do not meet the subdivision ordinance, which requires a minimum of a 5' walkway. "The city has been negligent in their record keeping and administration of the subdivision. The current deficiencies in documentation exist: a) The final plats for division 1 and 2 have been recorded with the county, but no copy exists in the city offices. b) There is a development agreement in place for division 1, but not for division 2. No general development agreement exists. However, the developer has sold lots and constructed homes in division 2 without a legal agreement. c) The improvement drawings agreed upon in the development agreement have never been filed. d) There are gross inconsistencies between the subdivision ordinance, development agreement, and covenants. e) The development agreement does not spell out who is responsible for the maintenance of the roads. For example are the homeowners responsible for maintaining the roads or is the city? f) Last, and most disturbing, there seems to be no bond, cash deposit, or letter of credit required of the developer to provide City Council Meeting, October 3, 2002 - Page 7 surety that that the public improvements shall be completed properly and in accordance with the construction drawing. "I am requesting the city do the following to try and rectify the situation: a) Direct the city engineer to survey the current status of the development paying particular attention to the deficiencies listed above and provide a written report of what is found. b) Direct the city administrator to review the documentation and ordinances to determine who is responsible for what with regard to the public improvements. c) The city then correct the deficiencies in the documentation, (Le. lack of development agreement for div 2.) required for the subdivision and that the issues of who is responsible for what is properly documented. d) The city prepare a work and tasking schedule for the above so that problems outlined can be addressed in a timely manner. e) The city stop further sale of lots until the public improvements are repaired and brought to standard." Dana discovered another problem when she went to the County to check on the Final Plat. She went over to the Civil Court to pull the records. It seems that George McDaniel and Brad Pickett are in the middle of a legal dispute. The Judge has frozen the assets. If lots are sold, they can not use the money until the dispute is settled or it goes to trial. Alan Cunningham of Mountain River Engineering reported that the Development Agreement for The Cottages Division NO.1 has been approved and recorded. He did not know why the Development Agreement for Division No. 2 has not been recorded. It is believed that it has been approved. It is a priority to get the Development Agreement for Division No.2 recorded. The City does not deal with Protective Covenants. The sidewalks are an important issue. Alan Cunningham advised the sidewalks in Centennial Ranch and Eagle Pointe are all four (4) feet on the improvement drawings. He was not aware that the City ordinance specifies sidewalks of five (5) feet. The developer has never put in the sidewalks. The walks are the responsibility of the builder (homeowner). Some Protective Covenants provide specifications for the sidewalks. Sidewalks of four (4) feet usually work really well. That is not the issue. The improvement drawings show exactly where the walks go, and the City of Ammon has approved the improvement drawings. There was some talk because transformers and junction boxes were put in The Cottages where the walk would usually go. It was worked out with Engineer Manwill that there would be some sweeping curves to avoid the expense of moving transformers. There has not been any confusion about sidewalks on any other division that Mountain River has done. Dana reported there are sidewalks City Council Meeting, October 3, 2002 - Page 8 in The Cottages, but some are 5', some are 3'9", some are curved, some are straight, and they do not fit together. There are no curbs/gutters in The Cottages. The sidewalks bother Dana because they are not aesthetically very pleasing, but they are safe. The roads are the biggest issue. The roads are not safe. The Development Agreement does address walks, but the owners put in their own walks. The Cottages is a great subdivision. Communications have fallen with builders and with some of the contractors. Mountain River Engineers tries to inspect and determine that what is built in right-of-way is built to the standards of the City. Roads have failed because the trenches were not compacted correctly. Dana Kirkham kept referring to the Development Agreement. She brought up the one-year warranty on the roads. The warranty does not start until the City accepts the roads. George McDaniel and Brad Pickett made their own company to put in the water and sewer. They did get a different contractor to do the roads. The surface contractor for the roads is not responsible for the roads breaking down. Attorney Hall confirmed that legal action has been taken to freeze the assets. Typically, on the type of order filed, the Court will hold a hearing in fourteen days to determine whether or not to make the order permanent during the term of the litigation. Council member Bean moved to recommend that the City does not issue any more building permits in Division No. 2 of The Cottages until we have a firm development agreement and it has been followed. Council member Folsom seconded the motion. Councilmember Anderson asked for a clarification of the motion. Holly Simmons, 2580 Stafford Cove, lives in Division No. 2 and there is a dirt road out to the paved cul-de-sac. She asked, is there a time limit in the development agreement as to when the developer has to get the roads in or do we extend it forever? There is not a time certain in the development agreement to complete the roads. On several of the lots McDaniel's wife did not sign off her portion of her ownership, so some people do not own the whole lot. The Simmons have not been able to close on their house. The first motion died. Council member Bean moved to not approve any additional building permits in either Division No.1 or Division No. 2 of The Cottages until such time as all development agreements have been approved and recorded and until such time as the roads have been fully repaired and all roads to lots currently having building permits are completed. Also, no additional building City Council Meeting, October 3,2002 - Page 9 permits will be issued until the City and the developers have worked out a Performance Bond for any future development. Council member Folsom seconded the motion. Councilmember Anderson asked for a discussion to clarify the motion. Alan Cunningham read from the Development Agreement for Division No. 1 of The Cottages concerning the road requirements. The City Council discussed time frames for road construction and repair. Attorney Hall explained that he did not know the extent of the restraining order, but it probably prohibits anyone from doing anything for the next fifteen (15) days. The discussion emphasized that roads should be fully repaired and completed in front of those lots on which building permits have been issued to enable the owners to close on their purchase. Councilmember Anderson had concerns about not issuing a building permit to an individual that has just purchased a lot. Council member Bean asked for his motion to stand and Council member Folsom stated that she wanted her second to stand. Roll call vote: Bean - Yes; Folsom - Yes; Waite - Yes; Anderson - No. The motion carried. Dana Kirkham asked if the developer does not get the roads done because he does not have the money, where are we? Does he have to sell to another developer? Are we without roads? Mayor Ard explained that it puts us in a position that, if the City has to, we can step up to take care of the roads. At this point, the City is going through the process until we can make sure the developer is not going to follow through. If the City has to take over, we will lien the developer. Public Works Director Wadsworth was asked to work with Engineer Manwill and Alan Cunningham to survey the road situation in The Cottages and to get an estimate on the costs. City Administrator Bruce Rose agreed to help get some good figures to report to the City Council at their next meeting. Ryan Kirkham asked where they stand regarding the sidewalks. The development agreement states the sidewalks will be put it, but the City has no control over who puts them in. Somehow we need to standardize about the sidewalks. The developer takes care of the improvements with the exception of the sidewalks. The homeowner needs to find out where the sidewalks go and to put them in. It was recommended that more information be made available on construction of sidewalks and roads in new subdivisions. The Planning and Zoning Commission was asked to look at the subdivision ordinance where it talks about sidewalks. City Council Meeting, October 3, 2002 - Page 10 Kurt Zorn, 5127 Brennan Bend, expressed concern about safety. There are some concerns about safety that need immediate attention. There are huge potholes in the roads. It is a very unsafe situation for kids on bikes and people driving in the dark. Immediate positive action is in order. City Administrator Bruce Rose asked for directions from the City Council about cost estimates and filling some of the holes with gravel. The instructions were to act immediately to mitigate any safety concerns the employees see in addition to obtaining some cost estimates to repair and complete the roads. Alan Cunningham and David Wadsworth reported on the status of Well No. 9 (Bit 0' Heaven). The ball is in George McDaniel's court at this time. Attorney Hall suggested that the City send a letter to both George McDaniel and Brad Pickett to require them to attend the next City Council meeting and to bring with them a copy of the title commitment, a proposed deed to convey the property to the City, and a report that they are ready to turn the well over. That will help to get the City where it needs to be on the well, and it will force George and Brad to get with their lawyers and to get with the Judge to get something done. It will not only help on the well, but it will help on the issue of the development problems in The Cottages. The developers should also be told that if they fail to show up that the Council will consider passing a resolution to not issue building permits in Quail Ridge as well as in the Cottages. The building permits that have been applied for or are in the process should be issued. Prospective applicants and homeowners should be notified about the conditions and to be careful. They may not be able to close on their house. Failure to issue permits is to get leverage to keep things moving. Councilmember Anderson asked if there was anything the City can do so that people are warned about conditions before they purchase the lot. The remedies the Council talked about concern the purchase that has already taken place. Attorney Hall advised a motion, which says until the following things are done the City is not going to issue any further building permits. The motion can be documented, acknowledged, and recorded so when anyone goes in to buy a lot the motion will come up on his or her title policy. Council member Anderson moved to document the motion to not issue any further building permits, to acknowledge it, and to record it. Councilmember Folsom seconded the motion. Council member Bean asked for discussion. He was not opposed to the motion, but he is not sure it will accomplish what is wanted. Most individuals do not ask for a preliminary title report when they purchase a lot. Many individuals do not understand a title report. City Council Meeting, October 3, 2002 - Page 11 Attorney Hall said he did not know of any other way to make people aware. The Council has passed a motion to not issue additional building permits in The Cottages. It is appropriate to make that public knowledge. It is the City's intention to protect the people who have already spent money. There was a discussion on who to notify and how to notify the people. There are two parts to the notification. The present property owners should be notified that the Council has passed the motion. The second concern is what do we do so that the prospective buyers know about the action. The City can simply record with the County the official motion relating to The Cottages Division No.1 and Division No.2, and it will come up on the title commitment. Council member Anderson restated the motion. She moved to record our prohibition of building permits in the public record and in addition to notify all current lot owners in The Cottages about the action we took. The motion was discussed. Attorney Hall said all the notice should really be is an introductory paragraph saying the City Council by motion determined that owners in the Cottages should be notified of the motion passed by the City Council on October 3,2002. Then add the language of the motion. We should not advise as to the affect. The people should be given a copy of the motion, and they can decide what to do. Mayor Ard asked, it we get some action on the problems, how do we undo what we have done? The City Council passes another motion to undo the motion. Then the motion to undo should be recorded. Council member Folsom seconded the motion. There was no further discussion on the motion. Roll call vote: Anderson - Yes; Folsom -Yes; Waite - Yes; Bean - Yes. The motion carried unanimously. The action to be taken was reviewed. A letter is to be sent to the property owners in The Cottages to notify them of the motion by the City Council. George McDaniel and Brad Pickett are to be notified by letter that they are required to appear at City Council meeting on October 17, 2002, with a copy of the title commitment and the proposed warranty deed for conveyance of the well lot, and to get the well up, running, and tested. The motion to not issue building permits in The Cottages is to be recorded. Attorney Hall will review the letters and Mayor Ard or City Administrator Rose should sign them. Sgt. Black distributed reports on law enforcement activities for the month of September. Fire Chief Clarence Nelson introduced Dean Ellis, the new Fire Chief for the City of Idaho Falls. Chief Ellis lives at 3110 Ross Avenue in Ammon. City Council Meeting, October 3, 2002 - Page 12 Reports: David Wadsworth reported for Public Works. There was a waterline break at 3385 Owen Street. It has been repaired except for a little clean up when it dries up. Attorney Scott Hall reported there is a little confusion regarding the lot for Well No.9 in Bit 0' Heaven. We are unsure if all of the required hearings have been held. One hearing has been held before the Planning and Zoning Commission. The City Clerk read an excerpt from the City Council meeting minutes of June 7, 2001, regarding the well. The minutes verify that the Planning and Zoning Commission held a public hearing. Attorney Hall will prepare an ordinance to annex the property so it will be ready when everything else is ready to complete the annexation. Attorney Hall reviewed the draft on the Regional Wastewater Alternative. He agrees we need to do it by a Joint Powers Agreement. The one question concerns whether or not to provide for the City of Shelley to be the Administrator. That is a decision to be made by the City Council. Cal Smith gave Attorney Hall a copy of the Fire Department Standard Operating Procedures for a review. There are only a couple of minor changes. A letter was addressed to Attorney Hall regarding an individual who was licensed as a massage therapist in Ammon. The National Certification Board has revoked their certification of the individual. The City can obtain information on the ethical violation. No action was recommended because the therapist is no longer licensed in Ammon. Alan Cunningham presented the Sixth Amended Plat of Ricks Farm Division No.1. Alan explained the proposed amendments to the plat. Basically it divides the property by Sportsman's Warehouse into lots to accommodate future development. Mountain River Engineering is working on the site plan, and they will work with Engineer Manwill to assure the plans are in harmony with what the City wants. T. J. Maxx has plans for a building south of Sportsman's Warehouse. Council member Folsom moved to approve the Sixth Amended Plat for Ricks Farm Division No.1. Councilmember Waite seconded the motion. Roll call vote: Folsom - Yes; Waite - Yes; Bean - Yes; Anderson - Yes. The motion carried unanimously. Alan Cunningham agreed with the Council's decision to hold a second public hearing on Jay Johnson's request for annexation, and he requested it be advertised for November 7. He asked if the Council would require a second City Council Meeting, October 3,2002 - Page 13 public hearing on the OL-6 for Cottonwood Hills Estates. The Council wanted time to discuss OL- 6 but they did not plan to hold another hearing. Council member Waite reported that he and Public Works Director Wadsworth have been talking about the swales in Centennial Ranch and Eagle Pointe. There are some inconsistencies in the maintenance of the swales. The swales are important to take care of storm drainage. There are problem areas where the swales are being filled in. The developers have provided the swales, but the homeowners have acted differently. There was a discussion on what to do about swales. It was recommended to have Engineer Manwill help with a solution. Swales should be an item on the next agenda. Council member Folsom inquired about the interest in fiber optics. City Administrator Rose explained about the development of fiber optics in Idaho Falls. It is in the early stage. If City of Ammon is interested in fiber optics, it would need to done in conjunction with one of the utilities. Council member Folsom asked if the City has a five-year plan for chip/seal of the roads in Ammon. She suggested that Hillview Village has not had chip/seal for a long time and that area needs it. Public Works Director Wadsworth plans to work up a new chip/seal schedule. The chips have been cleaned up on Midway Avenue. Centennial Ranch needs to have the chips cleaned up. The City did not chip/seal in Centennial Ranch, and the clean up is the responsibility of the contractor. Parks Director Ken Knoch is planning to put the parks to sleep next week. Council member Anderson asked for a follow up on the change of routes for garbage collection when there is a holiday on Monday. City Administrator Rose addressed the issue. Whatever course we take disrupts somebody, so they looked at what causes the least amount of disruption for the residents on the established routes. It was recommended that the Tuesday, Wednesday, and Thursday schedules remain unchanged. When the holiday falls on Monday, we would still pick up the Monday route on the Friday before, but we would try for better communications with the residents. There was no simple way to change. The City Council has talked about Eagle Scout projects to determine if we handle them correctly. Councilmember Anderson talked to a District Leader. Everyone interprets the Eagle requirements differently. It is important to show some leadership and not just a project that is done over night. The City should not be labeling anything as an Eagle project. The District Leader suggested that the City develop a service list. The Scout Officials appreciate it when the City is City Council Meeting, October 3,2002 - Page 14 able to and will fund a project. However, the Scout is responsible to try to get his project funded. The Scout's family is not supposed to pay for it. Bonneville County has three elected Fire Commissioners. They are the only ones that vote on whether or not the Fire District stays together. Previously the District contacted Councilmember Anderson about Ammon's interest in working with them if there was a split. The Council recommended to keep in contact and to remain open. There was a request for the City of Ammon to come talk with them again this week. One Commissioner is pretty much in favor of splitting up. One Commissioner thinks they probably ought to split up. The last Commissioner is let's see if we can make it work. They have submitted a proposal to City Idaho Falls. If the contract is not renewed, they are interested in talking with Ammon about mutual aid. There are lots of issues to be ironed out. Dispatch is one of the big issues. When the budget was put together, the Fire Department budget included enough money for a salary of $300 per month for each of the two appointed fire officials. The rational behind giving salaries to fire officials is that we direct them to do specific things. We direct the Fire Marshal to go inspect buildings. We ask the Fire Chief to organize the department, to come to City Council meeting, and to occasionally go to other meetings. Council member Anderson moved to approve salaries of $300 each per month for the Fire Chief and the Fire Marshal beginning with the October pay period. There was a discussion regarding benefits. The only benefits payable would include PERSI and FICA. The amount budgeted would need to cover the expense. This is not intended to be a salary it is like the elected officials to defray some of the expenses the fire officials incur because of the position they hold. Following the discussion Councilmember Folsom seconded the motion. Roll call vote: Anderson - Yes; Folsom - Yes; Waite - Yes; Bean - Yes. The motion carried unanimously. City Administrator Rose discussed a few items. Two sample resolutions were presented and passed at the ICCTFOA convention in Boise. The cities were asked to consider supporting these resolutions concerning matters that will be coming before the Legislature when it convenes. One resolution pertains to protecting our revenue sharing and one deals with gas tax on Indian reservations. Basically this is an opportunity for us to join with AIC to promote legislature beneficial for cities. The City Council expressed a willingness to support. The resolutions will be prepared for the City Council to act on at the next meeting. 1-- City Council Meeting, October 3,2002 - Page 15 Bruce Rose recommended that the City of Ammon join the Greater Idaho Falls Chamber of Commerce. It costs $85 per year for a municipality. The benefits are that we get notification of what is going on in the business community, the Chamber acts favorably on behalf of city issues, and they sponsor ribbon cuttings and grand openings. Bruce Rose has been asked to serve as the Vice-Chairman of the Legislative Committee, and he would like to accept the assignment. They would like officials from Ammon to come and make a presentation to the Legislative Committee. The Committee meets on Thursdays at 7:00 a.m. The Chamber is interested in information about what Ammon is all about. Business After Hours will be on October 17 at the Sol Rio in Ammon. City Officials from Ammon are specially invited. The Chamber executives would like to have the Mayor and Council on their e-mail list. Also, they would like a to have Ammon at the Chamber Forum lunch on one of the Tuesdays at noon at West Coast. Bruce Rose asked for a work session with the City Officials to help him prioritize what he should be focusing on. A work session was scheduled for Monday, October 7 from 4:00 p.m. to 6:00 p.m. The City Clerk asked for clarification of the amount budgeted for TRPT A. The amount is $6,000 to be paid in quarterly installments of $1500 with a review by the City Council each quarter. Also, the City Clerk inquired about obtaining a copy of the City of Idaho Falls Code. There was a question about transferring the Liquor License of Texas Roadhouse and she will solve it with the attorney. Regarding cell phones, there is no reason to change from the program with U. S. Cellular. Bruce Rose is to evaluate our needs and to work out the agreement. Councilmember Bean recommended screening issues that come before the City Council. Claims were approved. Councilmember Folsom moved to adjourn the Regular Meeting to an Executive Session to discuss personnel matters. Councilmember Anderson seconded the motion. Voting was all in favor. The Regular Meeting was adjourned at 12:00 Midnight. Mayor Attest City Clerk