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Council Minutes 11/16/2000 CITY OF AMMON November 16, 2000 Minutes of the Public Hearing and Regular Meeting of the Mayor and City Council: The meeting was called to order by Mayor C. Bruce Ard at 7:40 P.M. in the City Building, 2135 South Ammon Road, Ammon, Idaho, with the following City Officials Present: Mayor C. Bruce Ard Council member W. Lee Bean Councilmember Harvey L. Crandall Council member Leslie Folsom Attorney W. Joe Anderson Engineer Bill Manwill Public Works Director David Wadsworth Fire Chief Clarence Nelson City Clerk Aleen C. Jensen Deputy Clerk Connie R. Guymon Others Present: Ken Lembrich, 2640 Salmon Street, Ammon Phil Deaton, 2040 Eagle Drive, Ammon Jerald and Robin Knight, 3265 Owen Street, Ammon Tom and David Hunsaker, 2925 Carolyn Lane, Ammon Bud Langerak, Bonneville County Sheriff's Department Mark B. Gary R. Shawn Garbett, 2290 Dove Drive, Ammon Alan E. Cunningham, Mountain River Engineering Van Arnold, 3108 East Lincoln, Idaho Falls Sherry Arnold Trevor Arnold, 515 North Teeples Drive, Idaho Falls Lee Gagner, Developer of Eagle Pointe Cindy Donovan, 3725 East Sunnyside Road, Ammon Jeff Freiberg, Harper-Leavitt Engineering City Officials Absent: Council member Ira K. Hall Councilmember W. Lee Bean led the Pledge of Allegiance to the Flag, and Councilmember Crandall offered a prayer. Mayor Ard opened the Public Hearing to consider the request of Van Arnold to annex a strip of his property adjacent to CBC Land Company (Beck et al) along the east side of Sand Creek and two lots in the Lawndale Addition. Notice of the Hearing was published in the Post Register on October 31 and November 7,2000. Also, City Council Meeting, November 16, 2000 - Page 2 notices of the hearing were mailed to property owners within three hundred (300) feet and to other parties in interest. The individuals desiring to testify were sworn in. Van Arnold, property owner, stated that he was available to answer questions of the Council. The request is for a zone of GC-1 for the strip along Sand Creek and for R-1 for the two Lawndale lots. The strip of property averages about fifty (50) feet wide until it gets down to the south where it widens out. Basically it is Sand Creek. The reason for requesting annexation is that Beck's property is zoned industrial, and Mr. Arnold would like his property to be zoned GC-1 as a complimentary zone in preparation for future development. He is not ready to request annexation of his whole property. At the present time, his property is being farmed. Tom Hunsaker reported on the recommendation of the Planning and Zoning Commission. The area under consideration was pointed out on the map. The Commission recommended approval of the request. There was no public input, and Mayor Ard closed the Public Hearing. Councilmember Bean moved to approve the annexation of the Van Arnold property adjacent to the CBC Land Company property with a zone of GC-1 and R-1 as proposed. Council member Folsom seconded the motion. Roll call vote: Bean - Yes; Folsom - Yes; Crandall- Yes. The motion carried. Bud Langerak reported for the Bonneville County Sheriff. It has been several months since we talked about the grant for a new officer to be assigned on a full time basis to the City of Ammon. A notice of the grant award has been received, but we are waiting for Congress to appropriate the final money. Nothing will be done until the award documents are in hand. Applications for the Ammon position are on file. It will be an experienced officer who is sent to Ammon. It is a new program, and there will be a lot of questions. There is going to be a learning curve between the City Council and the Bonneville County Sheriff's Department in making sure the County does what Ammon wants. Also, we need to make sure the Sheriff's Department and the City both comply with the contract and that necessary changes are made as the program moves along. The City Officials would like to be involved. The Bonneville County Sheriff's office is fully functioning in the Fire Station. The Law Enforcement Contract for Fiscal Year 2001 will be ready in the near future. There has been one change regarding the City of Ammon providing space in the Fire Station. Regarding citation revenue, there have been changes, which have increased the revenues for Ammon. New forms have been ordered which show boxes in the upper left-hand corner for the officer to check the box of the city the citation is issued in. Incorporated cities get 90% of the fixed fine portion of a citation. Bud Langerak plans to do more research on misdemeanor fine money or criminal activities. The County is trying to make sure they collect the money for Ammon and that the City of Ammon is City Council Meeting, November 16, 2000 - Page 3 appropriately recognized in the court when incidents happen. Ammon is seeing more law enforcement presence here. The more time that officers spend in the City, the more revenue the City will see. Awareness is an important factor in law enforcement. The City was asked to pay one-fourth of the cost for the new uniform citation forms, which were purchased with the Ammon indicator on. A bill in the amount of $446.50 was submitted, and the Council authorized payment. Council member Folsom asked for some increased patrol in the Hillview/Hillsdale area. It was recommended that the City contact Lt. McBride who is in charge of patrol operations. Jerald and Robin Knight, 3265 Owen Street, responded to the complaint about the two storage units that they moved in. The units are only planned to be temporary. Before the units were moved in, Mr. Knight came to the City Office and spoke with Public Works Director David Wadsworth about where to put them. One location was where they are at and a second location was over an old sewer system, which was not a good possibility. After the City Council Meeting of November 2, 2000, when Lovelands presented their complaint, David Wadsworth came back to talk with Mr. Knight. It was agreed there was a misunderstanding about the location of the units. There should be a setback of thirty (30) feet from the road. Mr. Knight does not know why the neighbors do not like the units. Maybe it is because of the red color and they resemble railroad boxcars. He considered painting them, but that would mean a big expense. Originally there was an old storage building on the property but he tore it down because the neighbors did not like it. The two units are only about sixteen (16- square feet larger than the unit which was torn down. The storage units are ugly. Plans are to move them to Bingham County in June or July. They will not be replaced on the Owen Street property with another type of storage building. He has tried to comply with what David Wadsworth asks and to do it in a reasonable time. He has been starting to clean up the property. Eventually he wants to build a privacy fence and to make the house back into rental apartments. Because of the snow and wet ground conditions, it is hard to move the units at this time. The letter sent from the City to Mr. Knight stated that he was in violation of the moving ordinance and the setback requirements. He stated other similar units have been moved into the Ammon area without approval or a moving permit. The spot where Knight plans to move the units will not be available until July 15. The City Council discussed the issue, and Attorney Joe Anderson made some recommendations. The neighbors want the units moved. Council member Crandall moved to let the units remain out of compliance until June 1, 2001, at which time they are to be moved out of the City of Ammon. Councilmember Bean seconded the motion. Roll call vote: Crandall- Yes; Bean - Yes; Folsom - Yes. The motion carried. City Council Meeting, November 16, 2000 - Page 4 Jeff Freiberg of Harper Leavitt Engineering presented the Final Plat for Majestic Acres Division No.1. The Council reviewed the plat and discussed how it relates to the rest of the property annexed as Beck et al. Engineer Manwill explained how the sewer could service the property. There are two options. One option is to pump back through Lincoln Industrial Park into lona Bonneville Sewer District. The other option is to sewer into Hitt Road. Council member Bean encouraged not to even think about pumping back after all the discussions with City of Idaho Falls. Tom Hunsaker reported that the Planning and Zoning Commission recommended approval of the Final Plat for Majestic Acres as presented subject to a development agreement. Lincoln Industrial Park has not come before the Planning and Zoning Commission. Council member Crandall moved to approve the Final Plat for Majestic Acres Division No. 1 subject to approval of the combined Preliminary and Final Plat for Lincoln Industrial Park with a development agreement. Councilmember Folsom seconded the motion. Roll call vote: Crandall - Yes; Folsom - Yes; Bean - Yes. The motion carried. Alan Cunningham of Mountain River Engineering reported that they are not ready to request approval of the Final Plat for Wood Funeral Home. They will be back to a later meeting with the development agreement and the improvement drawings. The improvement drawings should show development of a portion of John Adams and the cul-de-sac off Maurine Drive. The Planning and Zoning Commission has recommended approval of the Final Plat for Wood Funeral Home. There is twenty- seven (27) feet of property left off the southern boundary of McDonald's Farm and not included in the Wood Funeral Home property or Lawrence Ricks/Jay Johnson/Briarwood parcels. It was reported that the owner of the strip is willing to deed the strip to the property annexed to City of Ammon. It is advisable to take action to annex the twenty-seven feet to clean up the area before the Wood Funeral Home plans are finalized. A legal description is needed to advertise for annexation. Lee Gagner, developer, showed a plat of the whole Eagle Pointe Addition. Development plans were discussed with the City Council, and the area to be developed as Division NO.3 was pointed out. Plans include deeding a ten-acre parcel to the City of Ammon for a park. This area has rock outcroppings and is more suitable for park development rather than houses. The developer has covered the rock areas with dirt so that a sprinkler system can be installed. The accesses and road layout were discussed. The development agreement addresses roads and City participation in approximately three hundred thirty-five (335) feet of road. Council member Bean moved to approve the Final Plat of Eagle Pointe Division NO.3 as outlined subject to the development agreement, improvement drawings, and transfer of deed on a ten-acre park. Council member Folsom seconded the motion. Roll call vote: Bean - Yes; Folsom - Yes; Crandall- Yes. The motion carried. City Council Meeting, November 16, 2000 - Page 5 Council member Folsom asked Lee Gagner how long it takes to build an average house. A house can be built in ninety (90) days, but Homestead Construction allows one hundred twenty (120) days. The question was asked to help determine a reasonable length of construction time before the City bills the contractor for water service. The City Council approved the Final Plat for Oak Ridge Addition subject to an acceptable development agreement. Since then, Harper-Leavitt Engineering has submitted the Development Agreement to Attorney Anderson, Engineer Manwill, and the City Office for review. Jeff Freiberg requested City Council approval of the Agreement. The standardized road width is sixty (60) feet. There are no development plans at this time, but the developer hopes to begin moving dirt in the spring. Councilmember Folsom moved to accept the Development Agreement for Oak Ridge Division NO.1. Council member Bean seconded the motion. Roll call vote: Folsom - Yes; Bean - Yes; Crandall- Yes. The motion carried. Councilmember Folsom moved to authorize Mayor Ard to sign the Development Agreement for Oak Ridge Division NO.1. Council member Bean seconded the motion. Roll call vote: Folsom - Yes; Bean - Yes; Crandall- Yes. The motion carried. Councilmember Folsom moved to approve the minutes of the City Council Meetings held September 7 and September 21, 2000. Council member Bean seconded the motion. Roll call vote: Folsom - Yes; Bean - Yes; Crandall- Yes. The motion carried. Unfinished Business: Regarding the waterline across the school property to the Ricks' farm, Mayor Ard did some research. When the Sandcreek Middle School was built and Owen Street was extended, the City agreed to use some of the money from the building permit to participate on the Owen Street extension and bridge. The City had a problem with the contractor over the permit, and the City withheld $7800 from the participation. There is no record that the School District was ever reimbursed for the $7800. The School District owes Hawkins-Smith $7790 on the waterline extension to service the Teton Spectrum. Mayor Ard recommended that the City pay Hawkins- Smith to clear both of the indebtedness. The Superintendent of Schools invited the City Officials to come to a luncheon meeting on December 5 at the School District No. 93 Administration Building. They would like to discuss the Owen Street Traffic Study. Also, the issue of the waterline extension across the school property can be resolved. Another item of business to consider is the Sunnyside Road project. The School District may want to agree to give additional right-of-way on Sunnyside - Road for an acceleration/deceleration lane. If the School does agree, the engineers need to have the information within the near future. Engineer Manwill recommended that costs be discussed because Bonneville County has taken the stand that anything in addition to City Council Meeting, November 16, 2000 - Page 6 the basic plan is at the City's expense. Acceleration and/or deceleration lanes would probably fall into extra construction costs. Mayor Ard has been in contact with Postmaster Jeff Cole regarding a post office in Ammon. The Postmaster has looked at the old City Building as a possible location. When he puts a proposal together, he wants to go with a three-year agreement instead of two years. The Council did not have a problem. The personnel who would man the post office would be contract not postal employees. The reason is there is not a budget to provide salary, benefits, etc. They would like to do some remodeling. Mayor Ard will negotiate with Postmaster Cole. Councilmember Bean reviewed the Memorandums of Understanding with City of Idaho Falls. There are two memorandums. One pertains to the sewer and one to the Area of Impact. The first Memorandum of Understanding discussed was the one relative to the Area of Impact. City of Idaho Falls has reached an agreement with Bonneville County on an Area of Impact. The Memorandum of Understanding is a one-page document identical to the one previously reviewed except for one addition. The addition is a final statement, which reads, "All accesses on to Hitt Road will be in compliance with the Bonneville Metropolitan Planning Organization Access Management Plan." Councilmember Bean moved to approve the Memorandum of Understanding with the City of Idaho Falls relative to the Area of Impact and to authorize Mayor Ard to sign it. Councilmember Crandall seconded the motion. Roll call vote: Bean - Yes; Crandall - Yes; Folsom - Yes. The motion carried. Council member Bean has encouraged Bonneville County Commissioner Bill Shurtleff and City of Idaho Falls Public Works Director Chad Stanger to get all parties together, including the press, on Monday, November 27, to make the Area of Impact agreement official. Councilmember Bean reviewed the Memorandum of Understanding on the Sewer Agreement. On Page 1 there were no changes. On Page 2 Item 4 there is a change to the statement which reads "Idaho Falls will allow additional entry points into the Idaho Falls/Ammon sewer collection system" to delete Ammon. Also, the statement has been added to. It reads "Idaho Falls will allow additional entry points into the Idaho Falls sewer collection system on Hitt Road at 1st Street; and at locations yet to be determined on Hitt Road between Mesa Street and Lincoln Road." Item 4.a. has been changed to read "Ammon shall agree to pay proportionately any costs..." Item 4.b. has been changed to read "Ammon shall agree to pay for the installation and maintenance of the required metering stations at any additional entry points." Exhibit B will be the map showing the sewer service areas. Everything outlined in blue is City of Ammon. Our service area may not include everything in our city limits because City Council Meeting, November 16, 2000 - Page 7 some of it is in the lona Bonneville Sewer District service area. The Council discussed the sewer service area. There was a question about whether or not to request City of Idaho Falls for a change in the wording regarding extending the service area. It was agreed to leave as drafted for City of Ammon. IBSD needs to review the Memorandum of Understanding and to decide if they want to request additional changes. Council member Crandall moved to authorize Mayor Ard to sign the Memorandum of Understanding regarding the sewer agreement with the City of Idaho Falls. Councilmember Bean seconded the motion. Roll call vote: Crandall - Yes; Bean - Yes; Folsom - Yes. The motion carried. Attorney Anderson has drafted an ordinance on the Area of Impact and one on administration of the sewer payment plan. The required back payment on the sewer is to extend over a period of not to exceed three years. If possible, the City of Ammon would like to try to repay it in two years. Public Hearings are required on the Area of Impact. The Council discussed how to proceed. Tentatively a hearing will be scheduled before the Planning and Zoning Commission on December 5, 2000. The City Council hearing should follow as soon as possible. The City Clerk was instructed to advertise the hearing. Good relationships between City of Idaho Falls, City of Ammon, and lona Bonneville Sewer District are very important at this time. Mayor Ard reported on meetings regarding the Shelley Regional Wastewater Facility Study. Engineers were interviewed, and Forsgren Associates of Rexburg was selected. Mayor Ard feels good about the study. Our payment of $5000 is due on December 31,2000. The study will look at all the options to come up with what is best. One good feature is that it will all be gravity flow. City of Shelley plans to write to City of Idaho Falls to tell them what is going on. Councilmember Folsom reported on the status of the communications tower ordinance. The committee has been meeting regularly to work out details. A new idea is to install the towers in city parks and to work out an agreement on lighting to benefit the parks and to not impact residences. We have received a revised Preliminary Flood Insurance Study Report and Flood Insurance Rate Map (FIRM) for the City of Ammon. Engineer Manwill explained that the study removes from the Flood Plain anything north of Sunnyside Road and west of the railroad track. The study did not address anything south of Sunnyside Road. So it is really saying that Ammon Ranch is still in the flood plain, but the water that is going to flood it does not come through the upper part of town. There was not much change on the east. Representatives of FEMA are to meet with City Officials to review the study before it becomes official. City Council Meeting, November 16, 2000 - Page 8 Hawkins-Smith would like the City of Ammon to accept the streets in Teton Spectrum. Council member Folsom moved to accept the streets in the Teton Spectrum and to authorize the Mayor to sign a letter of acceptance. Council member Crandall seconded the motion. Roll call vote: Folsom - Yes; Crandall - Yes; Bean - Yes. The motion carried. Reporting the number of sewer connections to the City of Idaho Falls is not applicable any more with the new agreement outlined in the Memorandum of Understanding. Councilmember Folsom reported on the results of the Community Survey on Street Parking in the Hillview/Hillsdale Subdivisions. There were 156 responses. Responses were as follows on the questions on the survey about which option do you prefer regarding the parking issue: A. Convert streets to a system of one way streets and restrict parking in specified areas - 15 B. No parking allowed on streets except with special permits for family get-to-gethers or parties and etc. - 78 C. Allow parking on one side of the street with two way traffic - 25 D. Change the ordinance to allow maximum safe parking - 25 Phillip Deaton, 2040 Eagle Drive, was one of the surveyors, and he commented at length about the survey. He pointed out problems as he reviewed the issue. Consideration should be given to the number of drivers in the household. Each street is different with a different problem and a different need. There are no problems on some of the streets. On some of the streets there is no way to resolve the problem. The law should be applied equally to all of the City of Ammon. The people seemed to feel whatever the ordinance is on the books that is what should be enforced. The number of responses does not reflect a clear mandate. There was a response from about one-half of the residents in the area covered. Councilmember Folsom explained that the committee consisted of anyone who wanted to get involved. She listened to the desires of the constituents and the word was spread around. Anyone concerned about street parking problems was invited to a meeting. Everyone was given an opportunity to express his or her opinion. A chairman was chosen and one person volunteered to represent each block. The committee created the survey, and it was done on a group basis. The committee was asked to address the needs of the community, and they did a fairly good job. The survey was not perfect, but it is better than we have ever had. There was one vote per household. In addition to the questions on the front, a space was provided on the back of the survey for residents to state what they saw as the most pressing City Council Meeting, November 16,2000 - Page 9 problem. The majority stated that is was enforcing the ordinances. Other concerns were speed and safety. People appreciated the opportunity for input. The committee did not come up with a group recommendation. They agreed to do whatever the survey said and to listen to the majority. The City Council agreed to enforce what the residents want. The City Council discussed what direction to take. Basically action should remain under City ordinance with enforcement. People enjoy being able to park on the street, but some controls are needed. Council member Crandall moved to accept the Community Survey on Street Parking in the Hillview/Hillsdale Areas as indicated and to follow the wishes of the people and to enforce no parking where not allowed. Councilmember Folsom seconded the motion. Roll call vote: Crandall - Yes; Folsom - Yes; Bean - Yes. The motion carried. (The completed survey sheets and a tabulation of the results are on file in the City Office.) Council member Folsom reviewed with the Council a proposed resolution to amend and establish rates charged by the City for water, sewer, and garbage services to meet expenses of operation, collection fees, treatment fees, maintenance, repairs, and other appropriate charges. It was proposed to impose some new rates, to increase some existing rates by more than 5% of the current rates, and to revise some rates to provide for more equal billing. Councilmember Crandall moved to publish a Notice of Hearing, according to the required form, to consider rate changes for water, sewer, and garbage services at the City Council Meeting of December 21, 2000. Council member Folsom seconded the motion. Roll call vote: Crandall - Yes; Folsom - Yes; Bean - Yes. The motion carried. Reports: Council member Bean commented on a statement prepared by Engineer David Benton for developer, Jay Johnson, on the cost difference between an 8" and 10" waterline installed along Judy Street in the Stonehaven subdivision in the amount of $7146. It was agreed to deduct the amount from what Jay Johnson owes for participation in the extension of the waterline on East 1 ih Street. A developer is looking at properties on East 17th Street for a business, which needs a drive-in access. The Council discussed possibilities, and it was their opinion that there may not be enough room for the type of access required. Also, the developer may be looking for less expensive property. The City Clerk reported that a request has been received to relocate the two billboards on Hitt Road. The request should be referred to the Planning and Zoning Commission for a recommendation. Harold Loveland has moved two sheds on to a vacant lot on Romrell Lane. He has been instructed that he needs to comply with the ordinances and to apply for a building permit to bring the sheds up to code. The City Council Meeting, November 16,2000 - Page 10 Development Agreement for Quail Ridge Division NO.4 has been signed, and the City needs to go ahead with the annexation ordinance. Public Employee Retirement System has completed changes in their program, and they are beginning meetings to educate the participating members. Claims were approved. Council member Crandall moved to adjourn the meeting, and Council member Folsom seconded the motion. The meeting was adjourned at 10:40 P.M. Mayor Attest: City Clerk