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Council Minutes 07/06/2006 CITY OF AMMON CITY COUNCIL MINUTES THURSDAY, JULY 6, 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 C. Bruce Ard Councilmember Lee Bean Councilmember Randy Waite Councilmember Rex Thompson Councilmember Dana Kirkham City Attorney Scott Hall City Administrator Bruce Rose City Engineer Bill Manwill City Clerk/Treasurer Diane Gempler City Officials Absent: City Planning Director Ron Folsom Councilmember Bean led the Pledl!:e of Allel!:iance to the Flal!: and, Councilmember Thompson offered a prayer. Minutes June 21. 2006: Incomplete Items From the Mavor: Mayor Ard recommended appointment of Stacy Hyde as Fire Chief for the City of Ammon. Councilmember Kirkham motioned to appoint Stacy Hyde as the Ammon Fire Chief. Councilmember Thompson seconded. Roll call vote: Councilmember Kirkham - Yes, Councilmember Thompson - Yes, Councilmember Waite - Yes, Councilmember Bean - Yes. The motion carried Consent Al!:enda: Councilmember Waite motioned to approve the consent agenda as presented. Councilmember Kirkham seconded. Roll call vote: Councilmember Waite - Yes, Councilmember Kirkham - Yes, Councilmember Bean - Yes, Councilmember Thompson - Yes. The motion carried. PUBLIC HEARINGS: Title 8 Chapter 8 - Ril!:ht-of-Wavs Notice of the Hearing was published in the Post Register on June 22 and June 29,2006. Mayor Ard explained the hearing process and swore in those individuals desiring to testify. City Administrator Bruce Rose presented the proposed amendments to the Council. The amendments to Title 8, Chapter 8, are to include the maintenance of drainage swales, and provide for an enforcement mechanism where drainage swales have been filled in or not installed correctly. There was not any public testimony regarding the amendments. Mayor Ard closed the public hearing. Councilmember Waite motioned to approve the amendments to Title 8, Chapter 8, Right-of-Ways, as presented. Councilmember Thompson seconded. Roll call vote: Councilmember Waite - Yes, Councilmember Thompson - Yes, Councilmember Kirkham - Yes, Councilmember Bean - Yes. The motion carried. Buildinl!: Code - Fees for Certificate of Occupancy Violations: Notice of the Hearing was published in the Post Register on June 22 and June 29,2006. Mayor Ard explained the hearing process and swore in those individuals desiring to testify. City Administrator Bruce Rose explained the request for the fines and fees. Former Building Official George Klomp requested that the fines/fees be implemented to provide a means to ensure final inspections are completed prior to builders' allowing newly constructed buildings to be occupied. The recommended fine is $2,500.00 plus $200.00 per day and any utility use not paid. There was not any public testimony regarding the proposed fines/fees. Mayor Ard closed the public hearing. The Council discussed the proposed fmes and fees. City Council Minutes 07/06/2006 -- I Councilmember Bean motioned to approve the proposed fmes and fees for occupancy violations, provided the Building Official submits the definition of 'occupancy' to be utilized in determining when the fine will be assessed within five days. Councilmember Kirkham seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Kirkham - Yes, Councilmember Thompson - Yes, Councilmember Waite - Yes. The motion carried. PUBLIC COMMENT -ITEMS NOT ON AGENDA: ACTION ITEMS: Eastern Idaho Ree:ional Wastewater Authoritv Approvals: City Administrator Bruce Rose reported that draft Eastern Interceptor and Treatment Plant Agreements and, Engineering Compensation Schedules have been received and reviewed by the City Attorney. Councilmember Bean motioned to approve the Eastern Interceptor Agreement and Engineering Compensation Schedule and authorize Mayor Ard to sign. Councilmember Waite seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Waite - Yes, Councilmember Kirkham - Yes, Councilmember Thompson - Yes. The motion carried. Councilmember Bean motioned to approve the Treatment Plant Agreement and Engineering Compensation Schedule and authorize Mayor Ard to sign. Councilmember Waite seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Waite - Yes, Councilmember Kirkham - Yes, Councilmember Thompson - Yes. The motion carried. Cottae:es Update/Deadline ReviewsIBond Status: George McDaniels met with Mayor Ard, Councilmember Bean and Councilmember Kirkham in the Cottages at 5:00 p.m. to view the work in progress. Mr. McDaniels reports that the drains have been installed and the covers are in place, dirt work around the drains is not yet completed. Water settling has been completed on about 80% of the roadways that are being rebuilt. Jared from Sun Contracting has contacted H-K and they expect to be paving in approximately two weeks, if the settling has been completed. Councilmember Kirkham reported that Foothills Properties has been rejected by four bonding companies. The City is currently holding $30,000.00 of Foothills Properties funds which is due to be returned as the warranty period on Well #9 has elapsed. It is proposed to hold that $30,000 and for an additional $30,000 cashiers check be submitted to the City by cashiers check as cash bonding for the repairs. The Council discussed the proposed change to the letter of agreement. Councilmember Kirkham motioned to modify the letter of agreement changing performance bond to cash bond in amount of $60,000 and, the deadline for completion of all work on the drains to be changed from June 30 to July 14. Councilmember Bean seconded. Roll call vote: Councilmember Kirkham - Yes, Councilmember Bean- Yes, Councilmember Thompson - Yes, Councilmember Waite - Yes. The motion carried. Ammon Road & 17th Street Traffic Si!f6nal Proiect - Bid A ward: City Administrator Bruce Rose reported that the bid opening for the Ammon Road/17 Street Traffic Signal was held at 10:00 a.m. this morning. The bids have been reviewed by Traffic Engineer Stephen Lewis. An abstract of the bids received and the engineer's estimates were included in the handouts regarding the bid. Mr. Lewis recommends awarding the bid to Skyview Electric. Council reviewed the bid abstracts. Councilmember Kirkham motioned to award the Ammon Road & 17th Street Traffic Signal Project to Skyview Electric in the amount of$195,386.33, with a completion deadline of21 days following receipt of the poles by the City. Councilmember Waite seconded. Roll call vote: Councilmember Kirkham - Yes, Council member Waite - Yes, Councilmember Bean - Yes, Councilmember Thompson - Yes. The motion carried. Resolution 2006-05 Comprehensive Plan Map Chane:es: City Administrator Bruce Rose reported that the proposed Comprehensive Plan Map Changes were approved by the Council at their June 21, 2006, meeting. At that time staff was directed to prepare the necessary resolution, which is now before the Council. Councilmember Bean motioned to adopt Resolution 2006-005 A RESOLUTION AMENDING THE COMPREHENSIVE PLAN MAP OF THE CITY OF AMMON. Councilmember Kirkham seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Kirkham - Yes, Councilmember Thompson - Yes, Councilmember Waite - Yes. The motion carried. Ordinance #398 17th Street Planned Transition with PB Zonine: Overlav: Councilmember Waite read Ordinance #398 AN ORDINANCE TO PLACE A PLANNED TRANSITION OVERLAY AND ZONING CLASSIFICATION FOR CERTAIN LANDS LOCATED WITHIN THE CITY OF AMMON; PARTICULARLY DESCRIBING SAID LANDS AND DECLARING THE CLASSIFICATION OF ZONING FOR EACH SUCH PARCEL OF LAND; PROVIDING FOR AN EFFECTIVE DATE FOR SUCH City Council Minutes 07/06/2006 -- 2 PLANNED TRANSITION OVERLAY 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 Thompson seconded. Roll call vote: Councilmember Waite - Yes, Councilmember Thompson - Yes, Councilmember Kirkham - Yes, Councilmember Bean - Yes. The motion carried. Councilmember Waite read Ordinance #398 AN ORDINANCE TO PLACE A PLANNED TRANSITION OVERLAY AND ZONING CLASSIFICATION FOR CERTAIN LANDS LOCATED WITHIN THE CITY OF AMMON; PAR TICULARL Y DESCRIBING SAID LANDS AND DECLARING THE CLASSIFICATION OF ZONING FOR EACH SUCH PARCEL OF LAND; PROVIDING FOR AN EFFECTIVE DATE FOR SUCH PLANNED TRANSITION OVERLAY by title and motioned to adopt Ordinance #398 as an ordinance of the City of Ammon on its third and final reading. Councilmember Thompson seconded. Roll call vote: Councilmember Waite - Yes, Councilmember Thompson - Yes, Councilmember Kirkham - Yes, Councilmember Bean - Yes. The motion carried. WBBA Field Fee Waiver Reauest: City Administrator Bruce Rose reported that a letter has been received from WBBA requesting that the field fees be waived for their minor league tournament. This tournament does not provide any additional revenue to the league over and above the season fees. Councilmember Waite motioned to approve the WBBA Field Fee Waiver Request. Councilmember Kirkham seconded. Roll call vote: Councilmember Waite - Yes, Councilmember Kirkham - Yes, Councilmember Bean - Yes, Councilmember Thompson - Yes. The motion carried. DISCUSSION ITEMS: Miscellaneous: Woodland Hills Elementary School Walkin!! Path: City Engineer Bill Manwill reported that the power lines are along side of pavement on Township. The pole line interferes with the street improvements and walking path required under the Development Agreement. The church on the south side of Township has installed sidewalk along their property. Mr. Manwill recommended allowing the School District to complete sidewalk on the south of Township. He also recommended negotiation amendment of Development Agreement to defer pavement until such time as Township is improved as a whole. City Engineer Bill Manwill reported there is a similar situation with the Ratliffproperty along Ammon Road. The power lines must be moved for the improvements to be put in. The City needs submit a request to the power company to move the lines. If the developer requests the relocation, the power company will charge him for the costs. The City would not be charged. Councilmember Kirkham reported on the meeting held with citizens from Stone haven and Taylorview regarding the crosswalk. The citizens' groups have agreed to the installation of the crosswalk, with flashing lights, reduced speed limit during recommended times and, without the island. Following the end of one school year, the crosswalk will be re-evaluated to see if it is working effectively without the island. The citizens will request crossing guards from school district. Mayor Ard reported he had received a call from the Sheriff Stommel regarding the Memorandum of Agreement. The Sherriffs office is awaiting receipt of contract. Councilmember Bean motioned to adjourn to executive session to discuss a legal and personnel issues. Councilmember Thompson seconded. All in favor, the motion carried. The meeting adjourned at 9:00 p.m. ~~~~ ~ (. C. Bru" Ani .yo, City Council Minutes 07/06/2006 -- 3