Council Minutes 08/24/2006
CITY OF AMMON
CITY COUNCIL MINUTES
THURSDA Y AUGUST 24,2006
The meeting was called to order by Mayor Ard at 7:30 p.m. in the City Building, 2135 South Ammon Road,
Ammon, Idaho, with the following City Officials present:
Mayor Bruce Ard
Councilmember Lee Bean
Councilmember Randy Waite
Council member Dana Kirkham
City Planning Director Ron Folsom
City Administrator Bruce Rose
City Attorney Scott Hall
City Engineer Bill Manwill
City Clerkffreasurer Diane Gempler
City Officials Absent:
Councilmember Rex Thompson
Councilmember Waite led the Pled~e of AlIe~iance to the Fla~ and, Councilmember Bean offered a
prayer.
Minutes Au~ust 3, 2006: Councilmember Bean motioned to approve the City Council Minutes August 3, 2006.
Councilmember Kirkham seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Kirkham - Yes,
CounciImember Waite - Yes. The motion carried.
Items From the Mavor: None
Consent A~enda: Councilmember Kirkham motioned to approve the Consent Agenda as presented.
CounciImember Bean seconded. Roll call vote: Councilmember Kirkham - Yes, Council member Bean - Yes,
Councilmember Waite - Yes. The motion carried.
PUBLIC HEARINGS:
Vaeation of Street Ri~ht-of-Wavs -Cottonwood Hills Estates: Mayor Ard explained the hearing process and
opened the hearing.
City Planning Director Ron Folsom presented slides of the location. The street is located south of21"
South and north of Sunnyside off the east side of 45" East.
Dave Chamberlain, 4800 Majestic View, the developer, presented his request. He is requesting that
Majestic View Drive be vacated to become a private drive. He has provided easements for the projected flood
channel that have been discussed at previous meetings, 75 feet on the west side of his property and negotiated 20
feet on properties adjacent for a total of 100 feet. Dr. Chamberlain feels that the plan will make Ammon look
progressive. The plan for the development includes a private park, swimming pool and tennis courts.
Planning and Zoning member Tom Hunsaker reported on the Commissions discussions. Their concerns
centered around access of public vehicles to provide safety and sanitation services. The Commission voted to
recommend that the street not be vacated at this time.
Rex Coles, 2643 South 45" East, testified regarding where flooding has occurred in the past. Mr. Coles
suggests that the flood channel be split to the north of this property. He is also concerned that vacation of the
roadway and installation of a gate will create maintenance and safety issues.
Patty McLaughlin, 4764 Majestic View Drive, testified they are opposed to the vacation of Majestic View.
The McLaughlin's are concerned with maintenance, they applied for their building permit with an understanding of
development agreement. They are opposed to paying annual maintenance fees to a homeowners association as is
heing proposed by Dr. Chamberlain. It is their feeling that developer is attempting to cut costs in Division #3
development at the expense of existing property owners on Majestic View.
Matt McLaughlin, 4764 Majestic View Drive, reiterated the testimony given by his wife.
Dave Chamberlain responded that the homeowners association held a meeting and voted by majority in
favor of the vacation and gated community plan. He stated that the McLaughlin's have been assured they will not
be assessed for construction of the gate or maintenance as long as they reside on Majestic View.
Mayor Ard closed the public hearing.
City Council Minutes 08/24/2006 -- 1
The Council discussed the request.
CounciImember Bean motioned to vacate Majestic View Drive contingent upon Dr. Chamberlain clearing
up the issue that his home will no longer face upon a public right-of-way with the county. CounciImember Kirkham
seconded. Roll call vote: Councilmember Bean - Yes, CounciImember Kirkham - Yes, CounciImember Waite-
Yes. The motion carried.
PUBLIC COMMENT - ITEMS NOT ON AGENDA: None
ACTION ITEMS;
Conditional Use Permit - Cottonwood Hills Estates, Residences Facin~ Private Drive City Planning Director
Ron Folsom presented slides of the location and vicinity. The property is located south of21" South and north of
Sunnyside and east of 45" East, and includes the whole of Cottonwood Hills Estates.
Councilmember Bean motioned to approve the requested conditional use permit. CounciImember Waite
seconded. Roll call vote; Councilmember Bean - Yes, Councilmember Waite - Yes, Councilmember Kirkham-
Yes. The motion carried.
Cottonwood Hills Division #3 Final Plat and Develooment A~reement: City Planning Director Ron Folsom
presented slides of the revised plat
Alan Cunningham 1020 Lincoln Road, Mountain River Engineering, explained the changes to the final plat
from the one previously approved. The west cul-de-sac and three lots abutting it were adjusted to allow for the flood
channel easement.
Planning and Zoning Member Torn Hunsaker reported that the Commission would like the Council to
ensure RE set backs are enforced. Commission members have voiced concern that one home on Majestic View is
not within the City limits; therefore the Conditional Use Permit would not apply to that home.
Dave Chamberlain, the developer and owner of they home on Majestic View that is not inside the City
limits, stated that he owns the land down to Sunnyside. It is his understanding that they can live there out of
compliance with the requirement that the property face a right-of-way. Doing so would limit his financing and sale
options with regard to the property.
Planning Director Ron Folsom reported on a letter that is being requested to be incorporated into the Stucki
Easement. The letter, from the City, would waive annexation hearing costs and indicating that a building permit will
be issued for structures meeting the adopted building codes and FEMA approved requirements for basements.
City Attorney Scott Hall reported that he is concerned the easement obtained from Mr. and Mrs. Coles is
subject to too many conditions.
Councilmember Kirkham motioned to approve the Final Plat as presented with the 75 foot flood channel
easement on the west. Councilmember Bean seconded. Roll call vote; CounciImember Kirkham - Yes,
Councilmember Bean - Yes, CounciImember Waite - Yes. The motion carried.
CounciImember Kirkham motioned to approve the Cottonwood Hills Division #3 Development Agreement
with the addition of Special Condition 12 requiring Dr. Chamberlain to clear up the frontage issue for his personal
property with the County, accepting of all the easements with exception of the Coles, and authorizing the Mayor to
sign the letter to Stucki's for their easement if resigned without condition no #7. Councilmember Bean seconded.
Roll call vote; Councilmember Kirkham - Yes, Councilmember Bean - Yes, Councilmember Waite - Yes. The
motion carried.
Doves Landin~ Annexation and Initial Zonin~ City Planning Director Ron Folsom presented slides of the
location and proposed zoning. The property is located at the end of 17" Street on the east side of Crowley Road,
north of21" South and east of the Villas addition to the City of Ammon. Mr. Folsom reported there has been some
confusion regarding the ownership ofa 13 foot strip on the east of the northwester parcel. The County has been
contacted and is researching the issue. If the ownership is proved to be other than one of the requestors, that 13 foot
strip will be excluded from the annexation documentation.
Tom Hunsaker reported that the Planning and Zoning Commission has recommended approval. Two
members of the Commission voted against approval; one felt there was too much R-2 being requested, the other felt
there needs to be more planning regarding streets and services, especially with this much commercial being
proposed.
Paul Mendelson, Draper UT, presented his plan for the property and his reasoning for the zoning requested
for each area. In preparation of the preliminary plat for the property, engineering was included for the flood
channel. Utilized as a buffer zone, the flood channel will exceed city requirements between C- I and RP-A.
The Council discussed the request, specifically the R-2 and C-I zoning and the impact the development
would have on traffic in the area.
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In response to the request of the Council, Mr. Mendelson indicated he would accept RI-A zoning in place
of the R-2.
Councilmember Bean motioned to approve the Doves Landing Annexation and Initial Zoning, changing the
requested R-2 zoning to RI-A. Councilmember Waite seconded. Roll call vote; Council member Bean - Yes,
Council member Waite - Yes, Councilmember Kirkham - Yes. The motion carried.
Doves Landin~ Preliminarv Plat City Planning Director Ron Folsom presented slides of the location and
proposed preliminary plat. The property is located at the end of 17" Street on the east side of Crowley Road, north
of21" South and east of the Villas addition to the City of Ammon. Planning and Zoning recommend approval with
a I 5 foot walking trail to be dedicated to the City as part of the trail system; that access to Crowley from the C. I
section be addressed; that landscaping of the flood channel be considered as no park has been required; that approval
does not consent for building sites that are shadow-lined on the R-2 section; that the possible need for a signal light
at 17" & Crowley be addressed; and that the Council address if it would be better to have the developer cover the
ditch/canal in the subdivision.
The Council discussed the request. Concems discussed included; sewer flows/capacity; participation in
well # 11; the possibility of homes facing 17" street; and, the need for traffic studies 17" and Crowley & 2 I" and
Crowley as well as build-out northeast of the division.
Kurt Rowland, of Schiess & Associates, reported that as planned sewage would flow through Eagle Pointe
to Ross Avenue and then south to the Ross Lift Station.
Brooke Magleby, 5360 Lindee Lane, asked the Council to consider where the next school will be going.
She is also concerned with widening of arterials and signal lights at the intersections that will be impacted by this
development.
Mary Taylor, 4825 East 21" South, addressed the council. She asked that the Council give close
consideration to provision of water and the implication on domestic wells as well as traffic impacts from the
development. Ms. Taylor thanked the Council for their detailed discussions and considerations regarding the impact
of this development. She also requested that the Council require the irrigation ditches and drainage to be
incorporated into the improvement drawings & plat.
CounciImember Bean motioned to table the Doves Landing Preliminary Plat until such time as the
developer provides the City with traffic impact studies to include the intersections of I 7" and Crowley (45" East),
and 21" South and Crowley, as well as projected full build-out of the residential portion of the addition.
Councilmember Kirkham seconded. Roll call vote; Councilmember Bean - Yes, Councilmember Kirkham - Yes,
CounciImember Waite - Yes. The motion carried.
Ea~le Point Division #10 Final Plat and Development A~reement City Planning Director Ron Folsom presented
slides of the location and proposed final plat.
Alan Cunningham, 1020 Lincoln Road, of Mountain River Engineering, presented the Plat for the
Developer. This is the Final division of Eagle Point. Mr. Cunningham explained the alterations from the
preliminary plat to allow homes to be built on the southeast lots to be built without encroaching in the flood plain.
Roy Ellis of Homestead Construction answered the Council's questions regarding the developer's plans.
The Council discussed the proposed final plat.
Councilmember Kirkham motioned to approve the Eagle Point Division # I 0 Final Plat as presented.
Councilmember Bean seconded. Roll call vote: Councilmember Kirkham - Yes, Councilmember Bean - Yes,
Councilmember Waite - Yes. The motion carried.
City Planning Director Ron Folsom reported that no changes have been made to the basic Development
Agreement
Councilmember Bean motioned to approve the Eagle Point Division # I 0 Development Agreement as
presented. Councilmember Waite seconded. Roll call vote: Council member Bean - Yes, Council member Waite-
Yes, Councilmember Kirkham - Yes. The motion carried.
City Attorney Scott Hall reminded the Council that as this is the final division of Eagle Point, that placing
liens upon these undeveloped lots is the total of enforcement value that the Council has for repair or replacement of
any improvements that have not been installed to the City's standards.
The Council requested staff to complete a thorough review of the Eagle Point development and report on
any improvements that are not installed to City standards.
Cotta~es Update: City Engineer Bill Manwill reported that not much has been completed since his last report.
Today the contractors began on the manhole collars. They are waiting on HK to complete the paving work.
Tim O'Malley, 2606 Stafford Cove, reported that they had over-Iayed the edges but not center of the cul-
de-sac. He has e-mailed pictures to Bruce Rose. The way the work was completed it has left a depression in the
center.
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The Council recommended that Bill Manwill contact the Fire Chief to get a fire truck out there to flood
Stafford cove to check for low spots as soon as possible.
The Council discussed the remaining areas of concern. Mr. O'Malley asked for clarification of the
deadline for the residents' to comply with drainage swale specifications. The current deadline stands at October 31,
2006. It was suggested that those residents who are unable to meet the deadline make a written request for an
extension.
Councilmember Kirkham reported that a number of the residents are asking about a letter from the City
stating that they will not be held liable for damage to the streets or responsible for payment of installation of curb,
gutter and storm drainage if they put in the drainage swales and the swales don't work. City Attorney Scott Hall
stated he would discourage the Council from issuing any such blanket guarantee.
Brooke Magleby, 5360 Lindee Lane, stated that without the letter removing liability from the homeowners'
there is no incentive for them to put the swales in.
Leslie Folsom, 2750 Sawtooth, spoke for property owners outside of the Cottages, stating that potential
LID's whether for swales or other improvements, including replacement of curb and gutter in those neighborhoods
falls on all homeowners. She suggested that it might be in the best interest of the residents in the Cottages to explore
the cost of a curb and gutter storm drainage system before rejecting the idea of an LID on the development.
It was also suggested that a meeting of the swale committee be held to update the residents.
Tammy Bennett, 5 I 63 Lindee Lane, asked the Council if an engineering study could be done for potential
curb and gutter before the swale committee meets
Councilmember Kirkham and City Administrator Bruce Rose will arrange to meet with the swale
committee within the next week.
School Crossin~s at Woodland Hills and Rimrock Elementary Schools City Engineer Bill Manwill reported that
the conditional use permits for the schools require the district to install all signage for crossings. He has met with
School District officials a number of times and they will be installing flashing lights with variable times as soon as
possible, they will install posted time speed limit signs in the interim.
Jarin Hammer, 3652 Autumnwood, addressed the Council, representing the families sending children to
Woodland Hills Elementary School. Most of their concerns have been addressed by the City Engineer's report. The
other concern that they have is that there is a portion of Sweet Water Way where there is no asphalt or cement to
meet were they crosswalk is coming in across Township. They want to make sure that the school district is going to
put in some asphalt before school begins (on the north of Township). On the south side of Township there is a
portion where there is a grass strip between the sidewalk and the crosswalk. They feel that the grass will get tom up
with the kids congregating at that location to cross Township, eventually becoming a mess. They asked if there is a
time-frame for the school to complete their obligations regarding the signage required.
Ordinance #401 - Fiscal Year 2007 Appropriations: Councilmember Bean read Ordinance #40 IAN
ORDINANCE PROVIDING FOR THE ANNUAL APPROPRIA TJON FOR THE CITY OF AMMON,
BONNEVILLE COUNTY, IDAHO; FOR THE APPROPRIATION OF THE SEVERAL FUNDS AND THE
PURPOSES FOR WHICH APPROPRIATED DURING THE FISCAL YEAR 2007, COMMENCING OCTOBER
1,2006, AND ENDING SEPTEMBER 30,2007, AND PROVIDING FOR THE AMOUNT APPROPRIATED
FOR SUCH FUNDS by title and motioned that City Council dispense with the rule requiring the reading of the
ordinance on three different days and that the three readings be waived. Councilmember Kirkham seconded. Roll
call vote: Councilmember Bean - Yes, Councilmember Kirkham - Yes, Councilmember Waite - Yes. The motion
carried.
Councilmember Bean read Ordinance #401 AN ORDINANCE PROVIDING FOR THE ANNUAL
APPROPRIATION FOR THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO; FOR THE
APPROPRIATION OF THE SEVERAL FUNDS AND THE PURPOSES FOR WHICH APPROPRIATED
DURING THE FISCAL YEAR 2007, COMMENCING OCTOBER 1,2006, AND ENDING SEPTEMBER 30,
2007, AND PROVIDING FOR THE AMOUNT APPROPRIATED FOR SUCH FUNDS by title and motioned that
City Council adopt Ordinance #400 as an ordinance of the City of Ammon on its third and final reading.
Councilmember Kirkham seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Kirkham - Yes,
Councilmember Waite - Yes. The motion carried.
2006-2007 Law Enforcement A~reement Council member Kirkham reported on the negotiated agreement.
Councilmember Waite motioned to approve the 2006-2007 Law Enforcement Agreement and authorize
Mayor Ard to sign the agreement. Councilmember Kirkham seconded. Roll call vote: Councilmember Waite-
Yes, Councilmember Kirkham - Yes, Councilmember Bean - Yes. The motion carried.
Closure of Falcon & Ea~le Brid~e The Council discussed whether to close Falcon at 17" Street in conjunction
with the construction of the bridge connecting Eagle Drive.
City Council Minutes 08/24/2006 -- 4
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Ron Longmore, 1770 Falcon, addressed the Council. He indicated that they would prefer to see Falcon
closed off when the bridge is in.
Leslie Folsom, 2750 Sawtooth, stated that she is not opposed to closing the intersection. She suggested,
however, that the Council consider closing a portion of the intersection. She feels that it would be beneficial to
leave 75% of the intersection open to one way traffic, allowing right turns off of 17" onto Falcon, closing 25% of
the intersection completely. The right-turn/one way could be effected by a curved curb from the west side of the
intersection to channel traffic turning off of 17'h. She suggested that this solution would also offer the opportunity to
expand upon parking available for Falcon Park.
The Council discussed the suggestions and will independently research the intersection for discussion at the
September 14" work session.
Executive Session Councilmember Kirkham motion to adjourn to executive session to discuss the lBSD litigation.
Councilmember Bean Seconded. All in favor, the motion carried.
IBSD Liti~ation: Councilmember Bean motioned to approve the Mediation Agreement as drafted by legal council.
Councilmember Waite seconded. Roll call vote; Councilmember Bean - Yes, Councilmember Waite - Yes,
Councilmember Kirkham - Yes. The motion carried.
Councilmember Bean motioned to approve the Settlement Agreement as negotiated with rBSD
representatives. Councilmember Kirkham seconded. Roll call vote: Councilmember Bean - Yes, Council member
Kirkham - Yes, Councilmember Waite - Yes. The motion carried.
DISCUSSION ITEMS:
Miscellaneous:
Well No. 10 & Water Line Proiect Mayor Ard reported on discussions with Scott Bishop from Woodbury Corp.
regarding obtaining easements for the water lines. They have installed water lines from Eagle to Zion's Bank. Their
request is that the City pay $30,200 reimbursement for the lines already installed, defer payment on the signal light
and waive connection fee for the development main line from the new lines.
The Council discussed the addition of a special condition to the development agreement to reflect the
easement as agreed upon. City Planner Ron Folsom and City Attorney Scott Hall will work up the changes to the
agreement.
Mayor Ard also reported that Woodbury Corp would like to install a temporary drive way off of Hitt Road
south of Zion's Bank. The City of Idaho Falls has informed them where they will allow the entrance. The
temporary drive will eventually become the permanent access when the parking areas south of Zion's Bank are
completed.
Discussions with Rockwell Homes are progressing with regard to acquisition of the well lot.
Pro Dosed Developer Bondin~ Ordinance: The Council reviewed the proposed Developer Bonding Ordinance and
recommended changes. Specific discussion included the wording defining when the developer(s) would be allowed
to terminate the bond; inclusion of development cost wording whether bond or cash guarantee; and the form of the
developer's engineer's final approval.
Councilmember Waite motioned to adjourn. Councilmember Bean seconded. All in favor, the motion
carried.
The meeting adjourned at I I :50 p.m.
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