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Council Minutes 12/20/2001 CITY OF AMMON December 20, 2001 Minutes of the Public Hearing and the Regular Meeting of the Mayor and City Council: The meeting was called to order by Mayor C. Bruce Ard at 7:30 P.M. in the City Building, 2135 South Ammon Road, Ammon, Idaho, with the following City Officials Present: Mayor C. Bruce Ard Councilmember W. Lee Bean Councilmember Harvey L. Crandall Councilmember Leslie Folsom Attorney W. Joe Anderson Engineer Bill Manwill Public Works Director David Wadsworth Fire Chief Clarence Nelson City Clerk Aleen C. Jensen Others Present: Corral Owen, 859 John Adams, Idaho Falls, 10 Casey Dennert, Benton Engineering Ron Folsom, 2750 Sawtooth, Ammon Tom Hunsaker, 2925 Carolyn Lane, Ammon Kortny Rolston, Post Register Randy Waite, 2935 Cabellaro Drive, Ammon (Council member Elect) Sheldon Dance, 4019 Nathan Drive, Idaho Falls, 10 Mike Coombs, 2660 North 45th East, Idaho Falls, 10 Alan Cunningham, Mountain River Engineering Jeff Freiberg, Harper Leavitt Engineering Karen Anderson, 755Tie Breaker Drive, Ammon (Coucilmember Elect) Bob Hale, 3075 Devonwood, Ammon Absent: Councilmember Ira K. Hall Councilmember Folsom led the Pledge of Allegiance to the Flag and Mayor Ard offered a prayer. Ron Folsom reported that the city applied for two grants and both of them were denied. He asked the Council for some direction regarding what to do about grants. The main concern is for parks, and he agreed to continue to research. Another area to research is for the Fire Department, however, the Council would consider any kind of a grant. The tree ordinance was part of the grant process. Also, Ron Folsom was asked to identify all of the County islands that the City Council has been considering for annexation. He has prepared a list of the City Council Meeting, December 20, 2001 - Page 2 properties. One of the things he ran into when he started was he did not know if any of them had City services or how the City wanted to handle that. He discovered that only one on the list is paying for City service of those not annexed to the City. Also he found one property that is annexed that is not paying for City services and is not receiving City services. Gary Sant (not annexed) is paying City of Ammon for water and garbage. The property at 1021 So. Ammon Rd (formerly Lawrence Ricks' house) is annexed but is not receiving or paying for any City services. The Ricks' house is connected to Falls Water, which is to be disconnected when City of Ammon is able to provide water. Water and sewer service areas were discussed. Applications for new City business licenses are to be reviewed by the Planning and Zoning Commission before a license is issued to determine if there is adequate parking. In putting this policy into effect, a problem has been brought to attention. When LaRall Kent began construction of his latest office building on the western side of Cabellaro Drive, his plans met the parking requirements. Now that the building is ready for occupancy, there are not enough parking spaces according to the use and square footage of the building. A solution is an agreement to use a common parking area. The same problem has occurred with the building on the pad in Kmart, which is occupied by the bread store. Additional tenants are preparing to occupy spaces, and the parking requirements are not met. The businesses in that building can probably take advantage of Kmart's parking lot. These problems have occurred because the buildings were constructed when the ordinance required one parking space for 300 square feet of the building. The ordinance now requires one parking space for 200 square feet of the building. It was determined the City can not penalize a business for a change in the requirements which occurred after construction was underway. The application for a business license should indicate the date the parking ordinance was changed. Also, the City should try to get common area agreements. In the future, developers should plan to meet the highest numbers of required parking spaces. This issue needs to be addressed up front by the developers and the City. Councilmember Folsom asked to reopen the discussion on annexing of County islands. The Legislature is scheduled to begin the first part of January, and the annexation issue is going to come before them. The islands have been identified. The City could initiate action to annex, but it is important to consider our requirements to connect to City water and sewer. There are City water lines on East 1 ih Street, but water is not yet available on Ammon Road. It was suggested that, if the services are available, a property owner would be given a specified period of time to connect and the connection would be waived. If an owner chose to delay connection, he would be required to pay the connection fee. City Council Meeting, December 20, 2001 - Page 3 If any significant change happened to occur in a private system, the property owner would be required to connect to the City service rather than to do an upgrade to the private system. As long as the City can provide the service, the property owner should be encouraged to connect except for forced annexations. There was a discussion on connection requirements. Councilmember Bean stated he was not so concerned about having the properties on City service as he was concerned about the safety factor and being able to dispatch for fires and police protection. The final decision was to waive the connection fees for forced annexation whenever a property owner decided to connect to City services. Ron Folsom asked to provide a written list of the names and addresses of the property owners of the properties identified as islands in the City. Jeff Freiberg of Harper Leavitt gave a progress report on Wal-Mart. The Wal- Mart attorneys and Eastern Idaho Technical College attorneys are negotiating on the disputed piece of property. The engineers have held off submitting the preliminary and final plats until the legal departments hash things out. City of Idaho Falls has seen the preliminary design for Hitt Road. They have been asked to prepare an official letter to advise if they have any additional wants for Hitt Road. The letter will be forwarded to Wal-Mart. The project is ready to move forward as soon as the property issue is resolved. Carrol Owen, 859 John Adams Parkway, Idaho Falls, expressed concern about the main entryway to Wal-Mart off Hitt Road. He objected to moving the entry farther north on Hitt road because it would increase the traffic on John Adams. He does not care where Wal-Mart goes, but he does object to an entry that would inject more traffic on John Adams. He thinks the entry should be off 1 ih Street, but he did not have any specific recommendations about where to put it. His concern was John Adams Parkway. Mike Coombs, 2660 North 45th East, Idaho Falls, explained that for years the City had emptied wastewater in the canal between Sunnyside Road and Township Road. A couple of years ago the practice was stopped. Mr. Coombs has cattle down there and he has utilized the water for his cattle. He would like to resume having the wastewater. It was determined that the City of Ammon has never emptied wastewater into the canal. Engineer Manwill said the water did come from Falls Water out of Mobile Home Estates. They had one well system that by-passed into the canal. City of Ammon does not have any water to divert down the canal. It was recommended that Mr. Coombs talk to Falls Water to see if they could help him. Alan Cunningham of Mountain River Engineering said they had received a copy of the letter the City sent to the developers of Quail Ridge Estates and The City Council Meeting, December 20, 2001 - Page 4 Cottages to request a progress report on the new well. The bids are out for the well house including the pump. The developers are trying to move as quickly as they can. They are about six months away from final completion. Engineer Manwill asked if six months is long or is it a reasonable amount of time. Public Works Director Wadsworth said it would probably take that long to get on line. In the letter the developers were asked to pay the power bill on the booster pump. Also, the Council considered withholding Certificates of Occupancy until the well was on line. It was determined that you can not penalize the homeowners by withholding the Certificate of Occupancy. It would be better to not issue building permits, but the City needs to be careful to put the pressure on the right people. The main concern of the City is that the citizens down below are not subsidizing the citizens on the hill. It is necessary to get the well on line fast enough so there is enough water because it is limited what can be pushed that way. It is in everybody's interest to hurry the project along. Councilmember Bean recommended that the City should look at requiring a performance bond relative to finishing projects like this. The development agreement provided for the well but it did not define a time frame. Attorney Anderson discussed legal recourse for not getting the project done. Alan Cunningham advised that the developers are anxious to get the well on line. The Council decided they would not hold up building permits or Certificates of Occupancy, but the developers are to attend City Council meeting to give a progress report. Also, the developers will be required to pay the power bill for the booster pump. Mayor Ard opened the Public Hearing to consider the request to vacate a utility easement in Trailwood Village. Notice of Hearing was published in the Post Register on December 5 and December 12, 2001. Also, Notices of the Hearing were mailed to utility companies and to property owners within five hundred (500) feet. Interested parties were sworn in to present testimony. Casey Dennert represented Benton Engineering to explain the request. He stated that they also sent letters to Utah Power, Intermountain Gas, QWest and Cable One. Utah Power and Intermountain Gas responded. The utilities are in the front of the lots instead of the back of the lots. The lots involved were identified as Lots 1,2,3,4,5,6,7,8,9,10,11, and 12 of Block 4, Trailwood Division NO.1. Attorney Anderson explained that Sheldon Dance initiated the request. He wants to erect a building on Lot 1 that will come over two feet into the easement. He does not use the easement and the other lots are not using the easement. Bob Hale said he would like to join the request because he does not use the easement for the utilities on Lot 12. If the undeveloped property to the east uses an easement, they will need to put in their own easement. The utility lines, which service the lots, are already in at a different location than shown on the plat. The City Council Meeting, December ER 20,2001 - Page 5 power, the gas, the telephone and the cable television lines are all located along the front sidewalk. The water and sewer lines were located. Sheldon Dance has an agreement to purchase Lot 1 and Lot 2 with a reservation for Lot 3. He proposes to build three sixplexes an two lots. On lots 1 and 2 he plans to replat to three lots. Grobergs sent a note on the hearing letter, which states "We have no objection. It seems like all easements that are not needed should be abandoned. Now utilities are generally in front of the lot." Richard Groberg signed the note. There was no other testimony, so Mayor Ard closed the Public Hearing. Councilmember Crandall moved to vacate the utility easement in Trailwood Village Division NO.1 along the back of Lots 1 through 10, the south boundary of Lot 11, and the east boundary of Lots 1, 11, and 12 all in block 4. Council member Folsom seconded the motion. Roll call vote: Crandall - Yes; Folsom - Yes; Bean - Yes. The motion carried. Council member Bean pointed out in Trailwood Village Division 1, Block 4 that Lots 1, 2 and 3 are zoned R-3A. Lots 4 and 5 are zoned R-2A. The lots along the northern side of Chasewood to the west where the townhouses are built are zoned R-2A. This seemed inconsistent zoning, but no problems were identified. Councilmember Bean moved to approve the minutes of City Council Meetings held September 20, October 4, and October 18, 2001. Council member Crandall seconded the motion: Roll call vote: Bean - Yes; Crandall - Yes; Folsom - Yes. The motion carried. Councilmember Crandall moved to approve the minutes of City Council Meeting held November 8, 2001. Council member Bean seconded the motion. Roll call vote: Crandall- Yes; Bean - Yes; Folsom - Yes. The motion carried. Councilmember Bean moved to approve the Findings and Order of December 6, 2001, which were prepared by Attorney Joe Anderson for the four public hearings on the Wal-Mart development. Councilmember Crandall seconded the motion. Roll call vote: Bean - Yes; Crandall- Yes; Folsom - Yes. The motion carried. Fire Chief Clarence Nelson reported on a problem with the use of the new radio repeater system and dispatch. The repeater system is up and running. When the installers completed the installation and had the system workable, it was suggested that Chief Nelson inform the Idaho Falls Police Department. This was done. A few days later a call was received from the Idaho Falls Police Chief to say there was a problem with dispatch. They do not have the manpower or the City Council Meeting, December 20, 1001 - Page 6 time to monitor Ammon's frequency. A meeting has been scheduled for Thursday January 3, 2002 at 3:00 p.m. to discuss the problem. Chief Nelson explained to the City Council what has been happening. When there is a fire call for Ammon, the pagers go off but you hear nothing. Before the City of Ammon entered into an agreement to purchase the repeater system, a letter was sent to notify that we were applying for a grant for a new repeater and approval was given. Now that we have the system, there is a dispatch problem. City of Idaho Falls operates all dispatch for Bonneville County and City of Idaho Falls. The only difference now is that Ammon has a different frequency. It appears the problem involves payment for the service. Christmas Holiday on December 25 and New Year's Holiday on January 1st has caused a change in when City of Ammon can mail the monthly statements. The bulk room will be closed December 28, and December 31, so we need to mail the statements on December 27 or January 2. If the Council approves, it would be better for the City Office to mail them on January 2nd. There was no problem with mailing the statements on January 2 provided adjustment is made for the late charges. Karen Anderson suggested that the City consider sending the utility billing statements out earlier each month. Late charges are added on the tenth of the month, and there is little time between when the residents receive their statements and when the late charge is added. This prompted a Council discussion. Council member Folsom reported that statements are mailed on the 25th of the month. The computer program has been set up to correlate the various dates--mailing date, late charge date, delinquency mailing statement date, and shut off date. The City Office has been mailing the statements the last day of the month so they will be delivered on the first day of the month. It was concluded that residents know their bill is due on the 10th of the month. Statements are to be mailed out on the 25th. The Planning and Zoning Commission meeting falls on January 1, so it needs to be rescheduled. It has been recommended that they meet on Tuesday, January 8, 2002 for the Planning and Zoning Commission Appreciation Dinner and a regular meeting would not be held until February 5, 2002. The recommendation was approved. It was suggested, if there is no objection from Planning and Zoning, that the dinner be held Sol Rio's in Ammon. The City Office was instructed to work out the details. Council member Crandall moved to recommend approval of renewals of business licenses for 2002 for the following: Albertson's retail store, beer and wine by the bottle not to be consumed on the premise; Albertson's Express retail store, beer and wine by the bottle not to be consumed on the premise; Jackson's City Council Meeting, December 20, 2001 - Page 7 Food Store retail store, beer and wine by the bottle not to be consumed on the premises; and other renewals which should be in place by December 31, provided there have been no problems. This includes Wright Stop for a retail store and beer by the can or bottle not to be consumed on the premise; Yen Ching for general business and wine and beer for consumption on the premise, and Johnny Carino's for general business, beer for consumption on the premise, and liquor-by-the drink. Also, included is a renewal of Sol Rio's general business license and beer for consumption on the premise with a new license for Iiquor-by- the drink as soon as their State and County licenses are in place. Councilmember Folsom seconded the motion. Roll call vote: Crandall - Yes; Folsom - Yes; Bean - Yes. The motion carried. A resident would like to know, if she has to put a lid on her garbage can, will the City Crew place the lid back on the can? Councilmember Bean stated the requirements call for a garbage can with a lid but most residents do not use a lid. Residents should understand if they do not use a lid that the resident is responsible to gather up the garbage if it gets scattered. The City will follow through on the memo that was mailed to each of the residents concerning garbage regulations. The Crew has been informed to stand the empty cans up. Council member Folsom reported that the garbage Crew is doing a fair amount of damage to the garbage area at IHOP. Something needs to be done about it. Deon Johnson and Jay Glick are doing a good job collecting the dumpster garbage on a day to day basis. If the City is doing damage, the City will fix the damage. If there is damage, it is not only caused by the City Crew. The business itself causes problems moving the dumpsters around to put the garbage in. The City cannot back into IHOP to dump their dumpsters. The dumpsters have to be pulled out. IHOP will stay with Ammon for garbage collection. Lids have been ordered. The area provided for their dumpsters is not designed for two five-yard dumpsters. It is too narrow. Once the dumpster is full it is heavy and difficult to move. Bob Hale, 3075 Devonwood, asked if the City has a five, ten, fifteen or twenty year plan on growth. He is concerned about the direction the City is going. One issue is the number of small family apartment units that are going in to the community. We are getting more and more rental, multi-units. There is no objection to some of that type of housing in Ammon, but there should be some control of growth. He is also concerned about the Wal-Mart Superstore. It seems like we are becoming more Idaho Falls. The Comprehensive Plan is designed to channel the growth where the City Officials think the growth ought to go. If someone chooses to develop in Ammon, we do not have a choice to say whether you do or you do not. We do have a choice of where it goes. We can not make it any more difficult for an apartment than we can for a single family dwelling. Everyone has the right City Council Meeting, December 20, 2001 - Page 9 easement involving the apartment complex development on Ricks' Farm on the property behind Edwards Theater, that it goes to Planning and Zoning for a recommendation. Each request should be addressed individually when it is received to determine the procedure to follow. Councilmember Bean discussed budget figures. The employee benefits appear to be running high and we need to watch that area. At the present there is no employee assigned to Parks and Recreation. On the information presented, the budget figures for Fiscal Year 2002 are reported accurately. The expense figures may be off some because the auditing process is going on and there are some adjustments to be made. Councilmember Bean advised that he is discontinuing the Sweep account, which has been part of our Key Bank checking account. The reason for discontinuing the Sweep investment portion is that it is getting only 1 % to 1.5% for interest and the service charge is high. Engineer Manwill reported the contract on the Sunnyside Road Sand Creek Bridge was awarded on December 19 to Ben Clark Construction. Bids will be advertised for Highland Canal within two weeks. The rights-of-way have been identified. If Darwin Judy does not sign a waiver, there will be a delay on the project. Claims were approved. Mayor Ard called for an Executive Session to discuss settlement options on an insurance claim regarding an accident in April 2001 with a City vehicle and a Bozo vehicle. Councilmember Folsom moved to adjourn the Regular Meeting to an Executive Session. Executive Session: Mardell Morrison, Claims Adjuster for ICRMP (Idaho Counties Risk Management Program), called to request authorization to offer a settlement with Kathy and Ray Bozo. The claim has gone on for a long period of time, and the medical information indicates a questionable problem. This matter was considered in Executive Session because ICRMP did not want any settlement figures discussed in open meeting. The City Council authorized ICRMP to try for a settlement. The Executive Session was adjourned at 10:00 P.M. Mayor Attest City Clerk City Council Meeting, December 20,2001 - Page 8 to build what they want. We have to put them in the areas particularly designated. The zoning on Trailwood Village and the Arave property (formerly Anderson Lumber Company) has been in place for sometime. Reports: David Wadsworth reported for Public Works. Dumpsters are being built, and there has been some water leaks. Attorney Anderson discussed the application for the vacation of streets or easements. There is a conflict in the statutes about the procedures to follow in vacations. Idaho Code 50-311 authorized and gave power to the cities to create and vacate streets, alleys, public ways, etc. However, there was no provision for the procedure to follow. As a matter of practice, we just followed the practice of having a hearing before the City Council. If it was found to be in the public good, then we followed whatever determination was made regarding the public good whether it was opening a street or vacating a street. There was no specific reference to easements. We just assumed that we did the same on easements. Later a section in the Code was adopted on platting and vacation of plats In that there is a specific section about the vacation of public right-of-way, public streets, and the way you vacate them along with the vacation of plats or partially vacating a plat. Following that is a one-line section that says easements will be vacated the same way as streets. The conflict comes in the fact that we are talking about vacation of plats and vacation of public streets in the plats. It specifically refers to public streets, which are part of a dedicated plat of subdivision. This indicates, if it is one of the streets in the old townsite which is not a part of a subdivision, we go back to the other section of I.C. 50-311 to vacate rather than following the procedures in the newer section. The procedure is quite a bit different. The newer section provides for a different form of notice to be given and you either get consent of all the owners on the easement or you have to serve them notice as you do in a lawsuit. This is a complicated procedure. It is debatable if the City has to follow the newer section or if the City has the right to follow I.C. 50- 311. This is a hearing before the Council and a determination of public good, which we followed on the Sheldon Dance request. The easement was on a recorded subdivision plat, but it was not a dedicated street. We are subject to question if anyone wants to question. There is a valid argument on both sides. It is much more expedient according to the procedure we followed. It is so complicated that Attorney Anderson has taken the opinion that, if it isn't under the dedicated plat provision, we hold the hearing and make the decision by the Council. There is nothing in the statutes or ordinances that compels us to refer the matter to the Planning and Zoning Commission. Whether we should or not is a decision of the City Council. Probably each individual case should be decided upon when the request is made. If it is controversial, it should be referred to the Planning and Zoning Commission for a recommendation before it comes to the City Council. It was recommended, regarding the vacation of the