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Council Minutes 05/16/2002 City of Ammon May 16, 2002 The Mayor and City Council met in a Work Session at 6:00 p.m. to initiate plans to meet the law enforcement needs of the City of Ammon for the Fiscal Year 2003. 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 Council member Karen Anderson Council member W. Lee Bean Councilmember Leslie Folsom Council member Randy Waite Attorney W. Joe Anderson Engineer Bill Manwill Public Works Director David Wadsworth City Clerk Aleen Jensen Others Present: Tom Hunsaker, 2925 Carolyn Lane, Ammon Douglas G. Hall, 2452 South 45th East, Idaho Falls Judy & Ryan Larsen, 3110 East Sunnyside Road, Ammon David, Eloise and Steffany Snell, 3180 Fennec Lane, Ammon Roger Sheehy, 2920 Devonwood, Ammon Allan Cunningham, Mountain River Engineering Sheila Kent, 2585 Hillam Drive, Ammon Councilmember Bean led the Pledge of Allegiance to the Flag and Council member Anderson offered a prayer. Eloise Snell, 3180 Fennec Lane, requested a home occupation permit, dba Design by Eloise. She designs flyers, newsletters, letterheads, stationary, wedding announcements, brochures, etc. The people will come to her house. Most of the graphic designed items are shipped out. It will be something like a mail order but a small business. She has an office, which is about 12'x12', set up in her home. Eloise has been doing it part time just as needed for her church. Since she is unemployed, she plans to go full force. She has clients lined up. She estimates between six and eight clients in a mohth. There will be no employees. Council member Anderson moved to approve the home occupation permit for Eloise Snell. Council member Anderson seconded the motion. Roll call vote: Anderson - Yes; Folsom - Yes; Waite - Yes; Bean - Yes. The motion carried unanimously. City Council Meeting, May 16, 2002 - Page 2 Layne & Judy Larsen, 3110 East Sunnyside, requested a business license to sell ice cream treats around the neighborhood. They have a motorized cart, which is a cross between a golf cart and a four wheeler. They want to sell up and down the streets in Idaho Falls and Ammon. A member of the Idaho Falls Police Department inspected the vehicle and said the cart does not need to be licensed for street use. The City Council questioned whether the vehicle needed to be licensed. The drivers of the vehicle are Judy and Layne Larsen and their sixteen year-old son. The sale items are all prepackaged. There was concern about safety and liability insurance. Judy Larsen said they had been cautioned to only sell from the sidewalk side of the vehicle and not the street side. The Council determined that Sg1. Greg Black of the Bonneville County Sheriffs office should approve the vehicle and the vehicle licensing. Also, the Larsens were instructed to obtain liability insurance. If these conditions are met, City of Ammon agreed to issue a business license. Roger Sheehy, 2920 Devonwood, lives in Trailwood Village Division NO.1. He has lived there four years, and he is concerned about the stop signs and the yield signs in the neighborhood. There is only a stop sign from Trailwood coming on to 1 ih Street but the rest of the neighborhood has none. It is a free- for-all. Last year someone developed a dirt road, probably to accommodate Division No 2. The Tie Breaker Village subdivision is using the dirt road to get to 1 ih Street faster. Traffic is coming and there is no order. The new development behind Sonic Drive In already has stop signs and street signs so maybe it is the developer that is responsible. There needs to be a stop sign at Chasewood and Tiebreaker, and there was a discussion about where more traffic signs should be located. It was determined that Grobergs are probably the developers. Council member Bean suggested that the City Engineer establish where the stop signs need to be and to work with the developer to get them in place. Roger Sheehy recommended a speed limit sign on Trailwood to 1 ih Street including a No Parking sign because there is a huge Kingston truck/trailer parked there for a week at a time. Council member Folsom explained that parking is allowed throughout Ammon but there are rules, which can be enforced, against large semi-trucks. The developer has been promising to get the road paved. The speed limit in the residential area is 25 miles per hour. Roger Sheehy said he had observed the garbage men as they were working to collect residential garbage. They were picking through the garbage and collecting items in a container on the truck. This is a concern of the residents. Public Works Director Wadsworth agreed to warn the Sanitation Department employees to stop such a practice. Attorney Anderson introduced the modifications to the Wal-Mart Development Agreement. Draft copies were circulated to show the changes. Council member City Council Meeting, May 16, 2002 - Page 3 Folsom previously had the attorney change SC-2 to show the private driveway is to be designated by name. A concern brought out at the meeting was, if a traffic study is done and the plan for Falcon Drive needs to change, who pays the cost. The development agreement indicates that the cost could be up to either party. The Council struggled with having the City be responsible for any cost. Attorney Anderson read from the agreement. "The City must notify the developer in writing of its intent to have a traffic study initiated within the specified time period. If the traffic study, when completed, indicates that the traffic level is at a level of service of C or lower then the City and the developer will cooperate to develop a plan that is satisfactory to both parties. In the event that an agreement cannot be reached the developer or the City, each at their respective costs may in their sole discretion have the right to complete the plan as proposed by the City. The decision to complete the City's proposed plan would be no later than one year after the traffic study." There was a discussion about who should be responsible for costs if there becomes a problem on Falcon Drive. The City wants Falcon Drive to go to Chasewood Drive, but they do not want a lot of traffic from Wal-Mart on Falcon. If there is a problem, the City wants to be assured the developer will follow the City's plan. Wal-Mart added "their respective costs" to the development agreement. Councilmember Folsom moved to authorize Mayor Ard to sign the Development Agreement with Wal-Mart as modified. Council member Waite seconded the motion. Roll call vote: Folsom - Yes; Waite - Yes; Bean - Yes; Anderson - Yes. The motion carried unanimously. Mayor Ard explained to Sgt. Greg Black that the City Council has an application for a small vehicle to be used to go around the City to sell ice cream. The question is whether or not that is a vehicle that needs to be licensed. The vehicle can be licensed, and it is better if it is. Sgt. Black did not see any problem with granting the application. The owners may want to have some kind of a caution light so people can see it. Judy Larsen was instructed to license the vehicle, to obtain insurance and to bring all the paperwork back to the next meeting on June 6, 2002. The City Clerk was instructed to file Ordinance No. 303 with the State Tax Commission to complete the annexation of Wal-Mart. A plat or map to show the boundaries should be sent with the ordinance. Sgt. Black presented a computer generated monthly report of the activities of the Bonneville County Sheriff's Department in the City of Ammon. The report did not include traffic-related incidents except for crashes. Another report was a printout of the activities from the beginning of the year, or near the City Council Meeting, May 16, 2002 - Page 4 beginning of the year, as to the different types of calls. During a one-year period there were 87 calls to Aspen Grove Living Center. This is considerably more than the Fire Department and the Paramedics. Councilmember Anderson thought there should be some way for the City to be reimbursed if the way Aspen Grove is operating requires more emergency response. Council member Folsom said Aspen Grove is supposed to be an assisted living center and now they are turning it into a psychiatric facility. The psychologist at Behavioral Health Center said they are renting six beds from Aspen Grove Living Center for people who do not need to be hospitalized but do need to be institutionalized. The staff should be upgraded so they can handle some of their own situations. Councilmember Bean asked if there was anyway to cut down on the number of responses to Aspen Grove. There was a discussion regarding what to do about the excessive demands and the burden it places on the City. Attorney Anderson agreed to look into the situation to make some recommendations for Council consideration. It was suggested that the problem could be discussed with the facility's corporate office. Tom Hunsaker, Chairman of the Planning and Zoning Commission, reported on their recommendations. Clea Fullmer requested a sideyard variance to allow a garage at 2705 Sawtooth. It is one of the three homes on the whole street that does not have a garage. The lot is only sixty (60) feet wide. The request meets the requirements for a variance. The Commission recommended that the Board of Adjustment look favorable to grant a variance when the request comes before them at a public hearing. The second item of business was the landscape variance for Majestic Auto. The Commission determined it did not qualify for a variance, but it does qualify as a pre-existing use. Bonneville County had approved their site plan before City of Ammon talked to the owners about annexation. The specific issue is that Ammon requires approximately fifteen (15) feet of green belting along 14th North Street. The owner said when the County gave their approval that the landscaping requirement was not in the ordinance. They will be putting more than the thirty (30) feet required along Hitt Road. The owner asked if he annexed would Ammon accept the County's approval and Ammon agreed to. The owners already have a lot of infrastructure in. They have been developing slowly. Planning and Zoning agreed to accept Majestic Auto's site to plan as a pre- existing use. The third item of business was a review and a recommendation for vacating part of the street right-of-way adjacent to the property owned by Tim and Sheila Kent, 2585 Hillam Drive. Rawson Street is part of the Ammon original townsite, and the street rights-of-way are ninety-nine (99) feet. The question is, when you get west of Western Avenue, does the ninety-nine (99) feet for Rawson Street City Council Meeting, May 16, 2002 - Page 5 apply of does the right-of-way of the Hillview Village apply? Kent's property was platted with Hillview Village. They would like to have the Rawson Street right-of- way on the south side of their property the same as the Hillam Street right-of-way on the west side of their property. They had obtained signatures of most of the residents on Rawson Street to say all of Rawson Street should be changed to provide less than ninety-nine feet of right-of-way. Planning and Zoning recommended to not take on the original townsite portion of Rawson Street but to consider Rawson Street west of Western Avenue. It was further recommended that the City Council vacate the right-of-way on Rawson Street west of Western Avenue from 99 feet to 60 feet and deed equally to the north and south sides what is vacated. The fourth item of business was the site plan for Bach Development on the apartment complex east of Edwards Theater. The Commission looked at the setbacks. The Clubhouse had some columns coming out within the thirty (30) feet right-of-way between the clubhouse and the street. They tried to determine if the setback requirements should apply from the street to the building or from the street to those columns. They decided to exclude the columns. The columns could be closer to the street without causing a problem. These columns are two feet at the bottom tapering up to hold up some overhead roofing. The Planning and Zoning Commission held two public hearings. The first hearing was to consider a request from Lee Gagner to rezone property in the Eagle Pointe addition from C-1 to HC-1 and R-1 to C-1. The property is located on the southwest corner of East 1 ih Street and Crowley Road. The corner is currently zoned C-1 and R-1 and wraps around the Anderson property being considered for annexation with the County Islands. Lee Gagner determined he did not need to have the corner rezoned to HC-1. C-1 would meet his needs. However, he still wanted the south portion, as identified in the hearing notice, which is currently zoned R-1 to be rezoned to C-1. The Planning and Zoning Commission recommended that the property be rezoned to C-1. The Comprehensive Plan designates the corner area as commercial. There is a lot of lava rock on the property, which makes it difficult to develop as residential. The developer is not sure what he will put in the area, but he is thinking of storage units. The storage units would blend in with the residential. Council member Bean was concerned with extending commercial down Crowley Road. Some planning needs to be done with our engineer about the development of Crowley Road. Engineer Manwill reminded that before any development takes place the developer will file a plat and issue improvement drawings. The City Council should decide if they want to accept the recommendation of the Planning and Zoning Commission or to hold a second public hearing. The public input concerned what is the City doing about the traffic on 17th Street not obeying the speed limit and driving like crazy. If Councilmember Bean had his way, he would City Council Meeting, May 16, 2002 - Page 6 have no commercial development east of Ammon Road because there is a significant amount of commercial property not developed west of Ammon Road. Once we allow commercial development to extend beyond Ammon Road we deplete the rural integrity of our community. A discussion followed on the development plans. Alan Cunningham commented that he only knew that Lee Gagner planned for storage units in the commercial area on the corner. The City Council decided to schedule another public hearing to consider the Gagner request for rezone. The second Public Hearing before the Planning and Zoning Commission was the proposed annexation of County Islands and properties contiguous to the City of Ammon. There were eight parcel considered. Parcel No. 1 - LaMoyne Johnson, 3700 East 1 ih Street, did not want annexation. He has more than five acres so the City cannot force annexation under today's requirements. No further action was recommended. Parcel NO.2 - Ted Peterson, 2340 South 45th East, has wanted to become part of the City for some time. He has a residence on Ilene Circle which backs up to his cabinet shop on Crowley Road (45th East). He wants to keep the cabinet shop. The Commission did not want to rezone his property to C-1 because it is not in the master plan. It was recommended that, when the City Council holds their hearing, Peterson's Cabinet Shop be grandfathered in as a non-conforming use not to be expanded and to zone it according to the neighborhood. Parcel NO.3 - Douglas & Lucinda Hall, 2452 South 45th East, has no City water or sewer services available. He has just finished upgrading his septic system. He wondered what the advantage of annexation is if no City services are available. Once City services are available annexation may be attractive. This was the theme of a number of the properties. The Commission recommended to not annex the Hall property. Council member Folsom stated that our ordinance reads when a property is surrounded by the City once the services are available the property needs to tie into the City. The City is offering to waive connection fees when the service is available. Douglas Hall was present at the meeting. He understood his property was not completely surrounded by the City of Ammon. He reported that Keith Hansen, owner of property across from Halls on the east of Crowley Road, is unhappy with the City of Ammon. Mr. Hansen did not agree with annexation of Hillpoint Properties/Quail Ridge. He did agree to annexation of a limited amount of his property in order to extend the services up to Quail Ridge. He may contest the City's action. Mr. Hall objected to paying City of Ammon taxes if the City can not provide services. He wanted to know, if the City annexes his property, if the City is encumbering itself legally to provide him services. Councilmember Folsom explained the benefits of annexation including the details of the option of connecting to water and sewer when available and the fire protection. Mr. Hall City Council Meeting, May 16, 2002 - Page 7 asked the Commission at their hearing for an enumeration of the responsibilities that the City was assuming when they annex the properties. What are the benefits and what are the new citizen responsibilities? He did not get a good answer. It was not sold as a good deal. He also would like provisions to keep his animals. The City Clerk asked for an explanation of what the public understands when the City says the connection fee will be waived. Waiving the connection fee means waiving the fee to connect to the main. It does not include the cost of extending the line from the main to the house. Mr. Hall suggested that, if the City pursues annexation, hard facts about the benefits should be presented to the property owners. Council member Bean asked Attorney Anderson in the situation when the City is requesting the property owner to annex, if the City is obligated to provide water/sewer service. Attorney Anderson said the City is responsible when it is feasible for them to extend the lines. The City does not have to bring it a half or quarter of a mile. There was a discussion on what is feasible. The Planning and Zoning Commission recommended against annexing Parcel NO.3. Parcel No.4, Doyle Anderson, 1954 South 45th East, is surrounded on three sides by Eagle Pointe. He was not present at the Planning and Zoning hearing. It was recommended that the property be annexed with a zone of C-1 the same as Lee Gagner is requesting for Eagle Pointe. They did not look at the availability of services. Parcel NO.5 is owned by Gary & Laraine Sant, 3665 Marlene Street, and the City of Ammon surrounds it on all four sides. The Sants own less than five acres and they are receiving City water and garbage services. The Association of Idaho Cities interprets, if a property is being provided City services it is an indication of automatic acceptance of annexation. The Sants are not happy about annexation. They question the value of annexation. The Commission voted seven for annexing Sants and two against annexing. They would need an animal overlay. Parcels 6 and 7, Floyd & Carole Marrow, 2455 S. Foothill Road, and Jim & Kathy Pasley, 2491 South Foothill Road, were not included in the Quail Ridge annexation. Neither owner was present at the hearing. It was recommended that they should be annexed. The current improvement drawings do not show that they will have sewer. The developer did not extend the sewer to them. The City Council discussed what would be involved in extending water and sewer service. City Council Meeting, May 16, 2002 - Page 8 Parcel No. 8 included eleven properties on the northeast corner of Ammon Road and East 1 ih Street. Councilmember Folsom stated if we decided to hold a hearing before the City Council that she wanted to separate the 1 ih Street properties from the Ammon Road properties. Almost all of the property owners attended the hearing. Thomas Jakubik and GaLyn Todd, owners of 1395 South Ammon Road, were not in attendance and they did not respond by letter or through talking with neighbors. Lacrisda Holdings did not have a physical address and there is no house on the property. Charlene Mills was opposed. Kim and Janet Hall were opposed. Leslie and Launa Grigg did not see a real benefit even though the trash might be a $2 saving. They did not like the way the second letter was written. Terry and Debra Taylor, owners of the corner property, would like to be annexed with a commercial zone of C-1. Bradley Pratt was opposed. Reverend Foster of the Pentecostal Church opposes annexation. Larry and Faye Siepert did not care either way. David and Bernadette Craig were against. Robert and Carol Hammon were opposed. The Planning and Zoning Commission's recommendation was to bring the Taylor property in and to not annex the other ten properties. Council member Folsom favored holding the second public hearing. Council member Bean said, if we decided to move forward, the Council should hold another hearing, but he was not convinced that we need to move forward. There was a debate about whether or not to pursue annexation of the properties identified. Councilmember Folsom stated annexation is the smartest thing for the City. We have come this far. We get rid of the County Islands, and it cleans up a whole section of Ammon. Douglas Hall added comments. He was concerned about the City's responsibility to the property owner. The City Officials have the right to determine what is a reasonable distance to extend service lines. Attorney Anderson counseled on the City's responsibility. Fire Chief Nelson was asked to advise the City Council regarding fire hydrants and the ability to provide fire protection. Council member Folsom moved to hold a second public hearing on annexation of Parcels NO.2 through 7, to separate Parcel 8 into two parcels for the public hearing (one parcel 1 ih Street and one parcel Ammon Road), and to eliminate Parcel NO.1. Councilmember Anderson seconded the motion. Roll call vote: Folsom - Yes; Anderson - Yes; Waite - Yes; Bean - No, because he was not convinced that it is the right thing for the City to do at this point in time. The motion carried. The City Council discussed a time to hold the public hearing on the annexation of the County Islands. The annexation discussion continued. lona Bonneville Sewer District serves the properties in Parcel 8. There is a City water line City Council Meeting, May 16, 2002 - Page 9 on the north side ot East 17th Street trom Ammon Road going east passed Briarwood and Centennial Ranch Divisions 10, 11, and 12. Councilmember Bean would support a public hearing to consider annexation tor the satety issue only. Council member Anderson questioned having the properties on their own septic system. Water is not the big issue, but the septic systems are a big issue. Bonneville County is trying to eliminate septic systems. Ammon is growing around the islands proposed tor annexation. Doug Hall expressed his opinion. There is a certain sense ot treedom trom living in the County that makes people want to be in the County. It the property is in the City, it is more controlled. The City needs to sell the annexation issue and do a better job ot communicating with the citizens who are involved. Tentative dates considered tor a public hearing to consider annexation ot the County Islands were June 27 or July 11, 2002. Sheila Kent, 2585 Hillam, requested the City to vacate some ot the ninety-nine (99) teet right-at-way on Rawson Street west at Western Avenue. The Planning and Zoning Commission recommended changing the right-ot-way to sixty (60) teet tor the Hillview Village part ot Rawson Street (west ot Western Avenue to the canal). Kents would like to build a double car garage on their house. They are unable to do that because they do not have enough side yard with the ninety-nine (99) teet ot right-ot-way. At the present time, the curb and gutter is out in the right-ot-way. In order to vacate right-ot-way, it would be necessary to hold a public hearing. The City Council studied a plat ot the area. Councilmember Bean reminded that there has been some talk about bringing Rawson Street across the canal to Sand Creek Middle School. It the City gives up the right-ot-way, it may eliminate the possibility to extend Rawson Street to the school. Somewhere there was a reason tor ninety-nine (99) teet ot right-ot- way. Once the City opens up eliminating right-ot-way they set a precedent. Tom Hunsaker provided Planning and Zoning Commission input. Engineer Manwill stated that you do not vacate rights-ot-way because you may need them in the tuture. It you ever start vacating right-ot-way, the City will never be able to tell residents ot the old Ammon townsite No. Kents teel they are stuck where they are at it they can not vacate some right-ot-way. Councilmember Anderson made a motion to take the Kent request to a public hearing, but there was no second to the motion. The motion was withdrawn. The Council continued their discussion. Engineer Manwill advised they are working on the Sunnyside project, and they do not require any additional right-ot-way in Ammon because ot the ninety-nine (99) teet right-ot-way. In some areas they have to take tront yards off to get the necessary right-ot-way tor the project. City Council Meeting, May 16, 2002 - Page 10 Tom Hunsaker questioned if the Kents would be able to add a garage to their house the way they want to even if the right-of-way is vacated. The reason is that, if the right-of-way is vacated, it will be deeded back half to the north side of Rawson Street and half to the south side of Rawson Street. This means that Kents would acquire nineteen and one-half feet of property. To make it work, the City would have to vacate the right-of-way and deed the whole thirty-nine (39) feet to Kents on the north side of Rawson Street. The other option would be for the Kents to request a variance in addition to the City deeding them nineteen and one-half feet of vacated right-of-way. No action was taken. Council member Anderson discussed the personnel policy. She prepared information on drug and alcohol testing for the City Council. The City has a drug and alcohol testing policy for CDL drivers only. Our personnel policy includes very little about drug and alcohol. It only says that it is not acceptable conduct. State Insurance allows 5% discount on our worker compensation premium if we have an approved policy. Our current CDL policy is administered through Minert and Associates. They can provide the City with an acceptable, updated policy to make us eligible for the State Insurance discount. There are a few decisions the Council is going to have to make if there is an interest in going with Minert for a replacement program. Attorney Anderson had reviewed the policy. The City could draft a policy to bring it in compliance with State Insurance. However, to do it quickly and to know it is acceptable, Minert is the way to go. It costs $250 to sign up with Minert. The decisions considered were an effective date, who in the City is responsible to answer for the covered employees, whether to go with base line testing or random testing, level of concentration, and what to do about a positive test. Base line testing is optional and random testing is mandatory. The Fire Department would like a drug and alcohol policy but it would probably be better for them to have a separate policy from the City employees. There was a discussion about employees to be included, particularly special employees such elected officials and part time employees such as the swimming pool employees. The details of the Minert policy were reviewed and the wording was approved or adjusted. Attorney Anderson advised a motion was necessary for the City Council to adopt a policy and also to agree on a contract with Minert. Councilmember Folsom moved to enter into an agreement with Minert and Associates to help do our alcohol and drug testing policy for the City of Ammon. Council member Anderson seconded the motion. Roll call vote: Folsom - Yes; Anderson - Yes; Bean - Yes; Waite - Yes. The motion carried unanimously. City Council Meeting, May 16, 2002 - Page 11 The Association of Idaho Cities Annual Conference is scheduled for June 26, 27, and 28 in Pocatello. Council member Folsom plans to attend. The other City Officials were undecided. Council member Folsom agreed to act as our voting delegate at the Conference. Council member Folsom advertised in the Post Register for a Parks and Recreation Adminstrator. She read the advertisement. Todd and Terri Johnston, 3260 Georgia Lane, submitted their building plans to the City Office. The City Council reviewed the plans to try to determine if the gymnastic teaching area would comply with the 25% requirement of a home occupation permit. Councilmember Anderson was concerned with the excessive traffic requirement. The City Council previously advised Terri Johnston that they would honor her home occupation permit provided she complied with all the requirements of a home occupation permit, C.C. 1 0-7-8. It was decided that Terri Johnston should be invited to the next City Council meeting on June 6, 2002, to review her plans and establish the area planned for her home occupation. There is a problem with the horses at 2030 Ross Avenue. Before the discussion on the horses began, Councilmember Bean asked to go on the record that he would not be part of any discussions or decisions because of a conflict of interest involving his neighbor. Public Works Director Wadsworth pointed out the problem because of Well NO.5. The owner has two horses on a small acreage with a shed too close. The owner was confronted with the problem last fall, and it is still continuing. The owner says that he is going to get rid of the horses. How much time should he be given to get rid of the horses? It was decided to give the property owner an official warning to move the horses from 2030 Ross Avenue within ninety (90) days. For the Idaho Housing and Finance Association (IHFA) reaching out to community leaders is especially important because their efforts and financial investments are intended to support local communities. With this in mind, an invitation was extended to the Mayor to join IHFA and other opinion leaders in the community for lunch at the Westbank by the river in the Bannock Room on Wednesday, May 22, at 12:00 Noon. Councilmember Anderson agreed to represent the City of Ammon at this luncheon. Councilmember Anderson had reviewed the Open Meeting Law. She was of the opinion that the City is supposed to have minutes of our work sessions. Any time there is a quorum of City Council members together it is a meeting. The minutes can be general if there is no motion. City Council Meeting, May 16, 2002 - Page 12 Attorney Anderson advised that he had received a reply from the State Police on the ordinance the Council passed to get the background checks. They say the ordinance was not specific enough. It has to state specifically which positions the applicant is applying for. The ordinance was general to cover everything, but that was not acceptable. Attorney Anderson asked if the Council wanted to amend the ordinance or to not get involved with FBI background checks. Councilmember Folsom believed we need the background checks. We can get a local background check from Bonneville County, but we need to revise the ordinance for a FBI check. It was decided to amend the ordinance to get FBI background checks for massage licenses, bartender licenses, and employment of City Administrator, City Clerk, and City Treasurer. Regarding the liquor law, the meeting was held with the representatives from the State who are responsible to administer the law. In the course of the conversation, Attorney Anderson asked if there was any residency requirements for liquor licensing. The State has eliminated the residency requirement. Our ordinance still requires residency of an individual or residency of the principal stockholder or partners. It is probably passe and out of date in that respect. Texas Roadhouse has requested that their license is put in their business name rather than with the individual who is the manager. To make this change Texas Roadhouse does not meet the residency requirement. Attorney Anderson recommended that we amend our ordinance to eliminate the residency requirement. He agreed to draft an ordinance to amend the requirement. Councilmember Waite requested clarification on communications in Planning and Zoning meetings that he attends. Does he sit there and say nothing? Does he answer questions they pose to him? When the Commission held their public hearing on annexation of the County Islands, the City Officials did not make any comments because they thought they should not since the annexation would be coming to the City Council for a vote. Attorney Anderson said Councilmember Waite could ask questions and get information. He should not announce dogmatically what his opinion is and prejudge the issue. It is not inappropriate to answer questions, but City Council does not want to take over. It is important to listen to our attorney. Sometimes it is appropriate to provide Planning and Zoning with guidance. Councilmember Anderson asked for everyone's e-mail address. The Council has requested that they review any newsletter items she sends out. She has had about twenty people respond that they want to be on a list to receive a newsletter. She would like to build a data base communication so the public feels good about what the City Officials are doing for their government. She will not send any e-mail letters until the Council members review and approve them. City Council Meeting, May 26, 2002 - Page 13 The State of Idaho is going to adopt the International Building Code statewide as of January 2, 2003. Sometime during this year the City of Ammon will have to amend our ordinance. Bonneville County will also have to amend their ordinance. Both entities should work together to do the amendments to be effective at the same time. Engineer Manwill reported on the Sunnyside Road project. A meeting was held with City of Idaho Falls, City of Ammon, and Bonneville County to discuss which costs are going to be shared by the entities and which ones are not. Nothing was resolved. The developers who are developing the old Monroc property between there and where the new Sunnyside extension will come across the river have filed a traffic study with the State as part of the public comments. The State is concerned about having them file that because there is a possibility that it will require going back to redo some of the environmental. This will probably delay the interchange project. It was a case of do they want to do it quick or do they want to do it right. They decided to sacrifice the time and try to get the approaches where they need to be. It should not be a significant cost. It will create a delay, which may affect the funding. The drainage pond is back in our lap, but the funding should be shared three ways. It was a good meeting for City of Ammon. Mayor Ard discussed the fire rating. We are short on fire hose for all of the trucks, and we do not have a way to test our hoses. Fire Chief Nelson is trying to get information on testing hoses. Claims were approved. Councilmember Bean moved to adjourn the meeting, and Councilmember Anderson seconded the motion. The meeting was adjourned at 12 Midnight. Mayor Attest: City Clerk