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04032008CouncilMinutes CITY OF AMMON CITY COUNCIL MINUTES THURSDAY, APRIL 3, 2008 AGENDA : CITY OF AMMON 2135 SOUTH AMMON ROAD CITY COUNCIL AGENDA THURSDAY, APRIL 3, 2008 - 7:30 P.M. CALL TO ORDER: Mayor Bruce Ard at 7:30 p.m. Pledge of Allegiance – Councilmember Powell Prayer – Councilmember Bean MINUTES: March 6, March 13, March 20, and March 26, 2008 ITEMS FROM MAYOR: Idaho State Liquor Dispensary Update CONSENT AGENDA: Business License Accounts Payable – Exhibit A PUBLIC HEARINGS: 2008-014 Park & Recreation Fees, Council Chamber Rental, and Hourly Charges for City Owned Equipment PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA: ACTION ITEMS: 1.Resolution 2008-003 Parks & Recreational Fees, Council Chamber Rental 2.Resolution 2008-004 Utility Fees & Equipment Charges 3.Sunnyside Automotive Roger Sheehy – Corner of Ammon/Sunnyside Road Unlicensed Car Lot (Leslie) th 4.Comprehensive Plan Map Change – South of 17 Street (PZ hearing 2008-004) th 5.Comprehensive Map change – North of 17 , East of Ammon Road (PZ hearing 2008-012) th 6.Rezone Request – R-2 to C-1- near SE corner of 17 & Ammon Rd (PZ hearing 2008-005) 7.Conditional Use Permit – 2686 Bungalow Dr, The Cottages – Membership Swimming Pool (PZ hearing 2008-011) th 8. Site Plan – 2839 14 North 9.Site Plan – Rick’s Farm – Townhouses 10.Well #10 Bids (Lance) 11.Ratify Mayor’s Request for Proposal on LID project DISCUSSION ITEMS: 1.Preliminary Plat on Brogan Creek (Ron) 2.Falcon Drive Street Adjustment 3.Automated Garbage Truck (Lance) 4.Misc. MINUTES 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: City Officials Present: Mayor Bruce Ard Councilmember Lee Bean Councilmember Rex Thompson Councilmember Randy Waite Councilmember D. Ray Ellis Councilmember Brian Powell City Clerk Leslie Folsom City Attorney Scott Hall City Planning Director Ron Folsom City Engineer Lance Bates City Officials Absent: Councilmember Dana Kirkham City Council Minutes 04/03/2008 -- 1 Councilmember Powell led the Pledge of Allegiance to the Flag and Councilmember Bean offered the prayer. MINUTES: March 6, March 13, March 20, and March 26, 2008: March 6: Councilmember Powell motioned to approve the minutes for March 6, 2008. Councilmember Waite seconded. Roll call vote: Councilmember Powell – Yes, Councilmember Waite – Yes, Councilmember Bean- Abstain, Councilmember Thompson – Yes, and Councilmember Ellis – Yes. The motion passed. Councilmember Bean abstained due to absence. March 13: Councilmember Bean motioned to approve the minutes from March 13, 2008. Councilmember Ellis seconded. Roll call vote: Councilmember Bean – Yes, Councilmember Ellis – Yes, Councilmember Thompson – Yes, Councilmember Waite – Yes, and Councilmember Powell – Yes. The motion passed. March 20: Councilmember Powell and Councilmember Thompson discussed a change to be made to page 8 regarding storage lots to storage containers. Councilmember Ellis motioned to approve the minutes from March 20, 2008 with the changes mentioned. Councilmember Thompson seconded. Roll call vote: Councilmember Ellis – Yes, Councilmember Thompson – Yes, Councilmember Powell – Yes, Councilmember Bean – Yes, and Councilmember Waite – Yes. The motion passed. March 26: Councilmember Bean motioned to approve the minutes from March 26, 2008. Councilmember Ellis seconded. Roll call vote: Councilmember Bean – Yes, Councilmember Ellis – Yes, Councilmember Thompson – Yes, Councilmember Waite – Abstain, and Councilmember Powell – Abstain. The motion passed. Councilmember Waite and Councilmember Powell abstained due to absence. ITEMS FROM MAYOR: Idaho State Liquor Dispensary Update: Mayor Ard explained that the final contract has been signed for the location of the Liquor Dispensary. It is located between Sol Rio and Great Hunan Restaurants. st It is scheduled to be open July 1, which should work for our budget. : CONSENT AGENDA CITY OF AMMON BUSINESS LICENSE CONSENT AGENDA Thursday April 3, 2008 License applications are pending in the City Office for the following: GENERAL BUSINESS LICENSE 2008: 1.NEWGENERAL BUSINESS LICENSE APPLICATION: st A.Richardson, Olga – Daycare Employee/Snake River Montessori – 2970 E. 1 St. 2.RENEWALBUSINESS LICENSE APPLICATION: th A.Edward’s Theatre – Theatre – 2707 S. 25 E. th B.Mortgage Connection – Finance – 3040 E. 17 St. Ste #2 th C.Life Care of Idaho Falls – Assisted Living – 2725 E. 17 Street Business License: Councilmember Bean motioned to accept the Business License Consent Agenda. Councilmember Waite seconded. Roll call vote: Councilmember Bean – Yes, Councilmember Waite – Yes, Councilmember Thompson – Yes, Councilmember Powell – Yes, and Councilmember Ellis – Yes. The motion passed. Accounts Payable: Councilmember Waite motioned to approve the Accounts Payable Consent Agenda Exhibit A. Councilmember Ellis seconded. Roll call vote: Councilmember Waite – Yes, Councilmember Ellis – Yes, Councilmember Bean – Yes, Councilmember Thompson – Yes, and Councilmember Powell – Yes. The motion passed. PUBLIC HEARINGS: 2008-014 Park & Recreation Fees, Council Chamber Rental, and Hourly Charges for City Owned Equipment: Planning Director Ron Folsom explained the changes to the fees. There was no public input. The hearing was closed. PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA: None ACTION ITEMS : 1. Resolution 2008-003 Parks and Recreation Fees, Council Chamber Rental: Councilmember Waite motioned to adopt Resolution 2008-003 Parks and Recreation Fees/Council Chamber Rental with three corrections: the effective date is April 7, 2008, the Council Chambers Rental fee is $25 per event, and that the individual child 4-11 City Council Minutes 04/03/2008 -- 2 and individual adult fees under swimming pool rates are annual rates. Councilmember Bean seconded. Roll call vote: Councilmember Waite – Yes, Councilmember Bean – Yes, Councilmember Thompson – Yes, Councilmember Powell – Yes, and Councilmember Ellis – Yes. The motion passed. 2. Resolution 2008-004 Utility Fees & Equipment Charges: Councilmember Powell motioned to adopt Resolution 2008-004 as presented. Councilmember Bean seconded. Roll call vote: Councilmember Powell – Yes, Councilmember Bean – Yes, Councilmember Ellis – Yes, Councilmember Thompson – Yes, and Councilmember Waite – Yes. The motion passed. 3. Sunnyside Automotive Roger Sheehy – Corner of Ammon/Sunnyside Road Unlicensed Car Lot (Leslie): Roger Sheehy – Sunnyside Automotive, 3790 E Sunnyside Road, stated he would like to address the unlicensed car lot on the corner of Ammon and Sunnyside. He stated there are individuals selling more than one car for profit. He explained mechanics and auto body workers are repairing vehicles on the side and then selling them on the lot. He has addressed the Council in the past and was told it could not be rezoned because of the concerns for the future of the lot. He talked about it being a car lot now and it was not intended to be and spot zoning. They have been to the Department of Transportation and it comes down to the legal property owner needing to take action, which he does not want to do. He also talked about the sweepers go by a couple of times a day to drop off rock right past his business and he wonders is they can drop the sweeper once a week in front of his place, even though, he does not have curb and gutter. Councilmember Bean inquired whose cars are on there now. Roger stated there are mechanics, private parties and auto body shops. Councilmember Bean inquired if any of the cars are Roger’s. Roger stated they are not. Mayor Ard talked about a gentleman who is selling a car, also. It was discussed the owner of the property does not say no to someone when they ask to leave a car on the property. Ron Folsom stated the comprehensive plan shows commercial on those four corners. He cannot find in our city code where he cannot have cars on the lot. Ron talked about what spot zoning is. Ron stated when it was an issue before us earlier; one resident was concerned about lights if they upgraded the lot. He talked about other cities ordinances that prohibit sales on lots unless it is the owner selling. Councilmember Bean stated he is willing to revisit this item. He concurs on the spot zone issue, but he feels that property looks trashy. He feels it is not big enough to develop into anything commercially. He is willing to discuss what to do to clean the lot. Ron stated Lenis was in today and asked if they could apply again for a rezone. Ron stated he told him it was not inappropriate. It is zoned C1 and needs to go to HC-1 to allow a car lot. Ron stated by a Conditional Use Permit we allow a used car lot, a new car lot and machinery sales, and with no conditional permit required, motels, radio – TV studios, and restaurants with a bar serving liquor by the drink. Leslie commented you could control the light times with the conditional use permit. Councilmember Thompson stated part of the reason we denied it last time was due to accesses being too close to the corner. It was discussed there is not a crosswalk there and it is about a 300 foot by 300 foot lot. Councilmember Bean inquired to Roger how many vehicles he would plan to have on the lot if he used it. Roger stated he would have as many as he could be allowed. He stated he could fit about 45. He talked about the layout. He stated it would look like his lot does now. Councilmember Bean inquired what he would do to the lot, if he were granted a business license there. Roger stated he would pave it and puts lights that stay on. He would first gravel it and drain it. He stated it would be a lot like his existing property. The lights would be on at certain times and have shields - it would look great. Councilmember Bean inquired if he would be willing to put a six foot fence around it. It was discussed there is a fence already there. He stated he would put a nice vinyl fence up. Councilmember Bean stated he is willing to entertain a request to rezone it. Roger commented even if they don’t, they need to at least kick everyone off there because it is not fair. Councilmember Bean agreed. Councilmember Thompson talked about the other corners not being clean either. Councilmember Ellis talked about the signs on the other corners. Roger talked about one of the signs is his and it is not 15 feet back. He would move the sign on the new corner and 15 feet back. Scott Hall talked about getting the ordinance changed. Councilmember Bean suggested Roger bring another zone request back. The setbacks were discussed and they would need a site plan. Roger stated he can bring in something that would look like Taylor United Auto Sales on the corner. He talked about a grass buffer and cars would sit behind that. He stated the cars would be clean and presentable. It was discussed the action is to take a look at our ordinance and make the necessary changes. 4. Comprehensive Plan Map Change: Planning Director Ron Folsom gave each councilmember a copy of the map. Councilmember Bean inquired about 4 & 5 and if they relate to 6. Ron stated 6 relates directly to 4. It was discussed to consider them all together. Ron talked about the first property; the request is to change it from high density to commercial. He explained across the street to the northis requested to be commercial which is close to the center of the city. Councilmember Bean inquired about the north side property and if it is the county. It was City Council Minutes 04/03/2008 -- 3 discussed it is and the church is also. The north side in the county is zoned as rural agricultural right now or A-1. Ron explained if approved on the south side there would not be residences there would only be storage units. Tom Hunsaker, Planning & Zoning, explained the different color codes on the map regarding zoning. The southern property residents did not want to see the two story residential buildings with most thinking the storage th units would be good. They talked about splitting the property south of 17 into two designations, putting the north part commercial matching the property to its west, and putting the south part residential matching the property to its west.. The people in the Greenfield area were not happy of having more high density residential next to them. They felt the storage units would be better. He explained they don’t want Greenfield Drive to go through and if commercial goes there, it would have to be cut off any way. If you put residential there, it has to go through. Ron suggested having the developers explain why and how they want to change the property. Councilmember Bean stated it is not a public hearing. Ron stated they are the developer and we always allow the developer to make a presentation. Councilmember Bean talked about Scott’s comments regarding testimony. Scott stated it is a question of whether or not they present new evidence. If they do not, then it is okay. Councilmember Powell suggested hearing what P&Z reported only. Tom Hunsaker talked about the possibility of changing the zone and the disadvantages of having part residential and part commercial. The residents would rather see the C1 zone on the south. Councilmember Powell inquired if there was any testimony against the C1 zone on the south. Tom stated there was. Whittaker’s and Mitchell’s were opposed - they were concerned about commercial development. Ron explained the only people contiguous with this property on the south were the Sant’s and they favored commercial zoning. Tom stated they were nervous about how the commercial would be developed. They did not like two of the uses we allow. If the developer does exactly what they are proposing, then they were for it except for the Whittaker’s and Mitchell’s. Ron Folsom explained the vote in Planning and Zoning was 5 – 1. He explained Dave Hill voted against because he felt it should remain residential. Councilmember Powell inquired how many positive testimonies there were. Tom named the residents that were in favor. Ron explained the driving forces for the comprehensive plan change were the property owners. Councilmember Bean inquired why Whittaker’s opposed the commercial change. Ron explained he had read a letter to Planning and Zoning explaining his concerns. Councilmember Powell inquired how the vote came down on the north side. Ron stated four people testified in favor, with two people who marked themselves neutral, but did not testify. There were no negatives on the north side. Tom explained the vote was unanimous from P&Z. Councilmember Thompson inquired to Scott if we do a zone change, do we also need to do an annexation agreement change to this property. Scott stated no. He suggested they make a specific finding as to why you are doing the annexation agreement. He would do a finding as to why Council is doing the change. Ron stated at last night’s hearing that a lot of people who were against it in the February hearing are now for it. Councilmember Bean inquired to Tom Hunsaker regarding discussion about the comprehensive map change th north of 17 Street relative to annexation by the property owners. Councilmember Bean stated he would like to know the property owner’s intentions relative to annexing to the City of Ammon, if we are going to make that adjustment to the commercial zone. Tom stated Steve Serr won’t allow septic there – they are both IBSD. Councilmember Bean stated he would like to see an annexation agreement, as well. It has been a county island for years. He would like to see our rights of way established. The property owner stated he would be willing to do that. Ron Folsom stated that by changing it to commercial on the comp plan; it still leaves it a county island. He is concerned that we will get small portions of this being asked to be developed. Councilmember Bean inquired to Ron if he is proposing that we annex the property at some future time. Ron stated yes. Councilmember Bean asked if he would have a problem if we established a time certain on that so we knew when it would happen. Ron stated his concern would still be the same. He would rather see it come in together as one large development. Councilmember Bean stated we have no guarantee that will happen. Ron stated the county will not let the island go commercial without going into the city. Ron showed who owned what property on the map. Councilmember Bean asked Ron about a time frame. Ron stated he did not know. Councilmember Bean stated there are three lots that we do not have easements on and he would also like them. Mayor Ard stated we have the largest land owner here. He inquired to Brad Pratt about a time frame for annexation. Brad Pratt stated he would annex tomorrow, if the taxes would stay residential. Ron stated they value taxes according to the property values and comparables on adjacent and surrounding property. Scott stated the property is taxed based on fair market value property. Mayor Ard stated he would like to see this come into the city, but he understands the concerns about the values. Ron and Leslie will check to see what is right. Councilmember Bean stated he wanted to talk about the comprehensive map change on the south side. All 3 action items are tied together. Ron stated the people in Greenfield supported it. Councilmember Bean asked Scott about changing the annexation agreement. Scott stated we don’t change it. He stated you need to make a specific finding regarding the change in circumstances which changed what you are doing and why. You still run the risk of land owners coming in and arguing. It was discussed what our annexation agreements contain. Ron stated if you change it to commercial, we would require a new development agreement. We always have an annexation agreement then a development agreement which goes with the buyer. City Council Minutes 04/03/2008 -- 4 The annexation agreement is specific that when the property sells, the property owner that buys it is bound to that annexation agreement, unless they receive approval to change it. Councilmember Bean inquired what we do if we did not know what would be put on the property, would we be considering changing the comp plan. Scott stated that is what we have now. Ron stated he reiterated to the property owners that they do not have to build storage units and explained the allowed uses to them. Councilmember Bean inquired about a preliminary plat or site plan. Ron stated he has seen one but it has not been introduced. Councilmember Bean inquired if we care what goes in there if it goes commercial. Councilmember Ellis discussed it makes sense to make it a commercial corridor. Councilmember Bean stated a few years ago he disagreed, but things have changed. Ron stated the change of the comp plan doesn’t change until he publishes. He stated the council can make a ruling or say that they would approve it based on an approved preliminary plat and site plan. When all of that is presented and approved, then we publish the zone change and the comprehensive plan. Scott stated you could also do all of it at the same time. Ron explained it does not affect the developer time frame wise. Councilmember Bean inquired if we can change the comp plan map based upon the current development agreement we have or the current annexation agreement we have. It was discussed to table everything for now. Scott stated that there are certain things that need to be in the site plan and he will give Ron direction as to what specifics need to be there. Councilmember Bean inquired about the zone change and what it affects. It was discussed there will be a new development agreement with the plat. Tom Hunsaker discussed the comp plan future use map, where we plan to be in the next 20 or so years. He did not see anything in the excerpts from the annexation agreement he has seen that does not allow being able to change the zone. Councilmember Bean commented he does not have a problem with the potential use. He feels the City th needs to be very conscious of the 17 Street area. He feels this developer needs to be able to find a way to develop th both sides of 17 Street, so he can gain the easements. He feels we need to have both sides developed at the same time. He would be willing to go ahead and approve the R2 to C1 with the condition that when the property is developed that he has to develop both sides of the road. Scott stated it would be part of the development agreement. Councilmember Thompson inquired if we have easements on the north side of the road. Ron stated we don’t. Councilmember Bean stated he feels the developer needs to figure out how to get the easements. Lance Bates commented about the easements. Ron commented that the comp plan is something we should be considering for future growth. He understands the concerns regarding road improvements. If the only reason to change the comp map is for annexation, then maybe it is not a good reason to change the comp map. He feels we need to make the decision if this is a good area for commercial, and then change the comp plan. Councilmember Bean commented we are catering to a potential developer. He feels it is better planning to annex it. Ron stated he would prefer it all being annexed to C1, but his only concern is if we have a property owner in the middle that wants to develop, can we say no? Scott commented to put in the annexation agreement that you want a master plan on the north property. Councilmember Ellis commented he feels it will develop in 3-4 pieces. Councilmember Bean commented about having to force annexation. He stated if they are willing to annex now, then we should do it now. Council discussed possibilities of LIDs or CIDs. Councilmember Bean would like to see the road developed with a way for the developer to be potentially reimbursed. Councilmember Bean motioned to table Items 4, 5, & 6 until such time as the developer brings to us a preliminary plat, final plat and site plan and development agreement. The development agreement needs to include thth the improvements on both sides of 17 Street which will match 17 Street on the west. Councilmember Thompson seconded. Roll call vote: Councilmember Bean – Yes, Councilmember Thompson – Yes, Councilmember Ellis – Yes, Councilmember Waite – Yes, and Councilmember Powell – Yes. The motion passed. th 5. Comprehensive Map change – South of 17 Street (PZ hearing 2008-004): This item was tabled, see above discussion. th 6. Rezone Request – R-2 to C-1 near SE corner of 17 & Ammon Rd (PZ hearing 2208-005): This item was tabled, see above discussion. 7. Conditional Use Permit – 2686 Bungalow Dr, the Cottages – Membership Swimming Pool (PZ hearing 2008-011): Planning Director Ron Folsom explained the property location. The request is to put a membership swimming pool in the Cottages subdivision with the size of the building to be calculated so it can accommodate 75 memberships at $10,000 per membership. When they buy a membership, it would attach to each house. He explained it was set up as a non-profit organization. Councilmember Bean asked how many homes are in the subdivision. Ron stated there are about 148 homes. It meets the requirements of an accessible pool. Parking is one of the issues that was addressed last night but it was discussed that most people will walk. Their proposal is for four City Council Minutes 04/03/2008 -- 5 parking spaces butthey have enough room to put more in. The proposed building is designed like the Cottages homes. The pool is inside the building. Councilmember Powell inquired why only 70 out of 150 homes. Ron stated it is based on the size of the building. Tom Hunsaker, Planning & Zoning, stated most of the neighbors were for this. He talked about the fire code occupancy limit. Tom stated they did not discuss restrictions on the pool. Ron stated they do have CC&Rs written regarding how many can be in there at any one time. There would be a fence around this property with card access. There would be no lifeguard capabilities. They have regulations regarding how many adults per number of children allowed. Ron stated that Greg and Cindy motioned to approve with the following conditions: 1) hours: 5am – 11pm, 2) no lighting on the tennis court, 3) renewal review of the conditions in 2 years, and 4) 6 ft. fence buffering neighboring properties and landscaping the swimming pool side. The concern of the residents is not to have it look like a commercial building with a lot of parking. The vote was all for except for Scott. His reasoning was changing the rules mid stream and zoning. Lance Bates talked about water and sewer issues and they have been told there will be no water turnover once the pool is full. They will put a meter on to building. If there is not turnover, it won’t adversely affect the sewer. Tom Hunsaker commented they did not address whether or not to allow parking in the swale area. He stated that will have to be reviewed by staff. Ron stated they will have to work with Lance on drainage planning. Leslie Folsom stated she did receive two negative calls regarding the swimming pool and she doesn’t know if we need to have another public hearing. Mayor Ard commented about the fees and if they are short funds, where do they go from there. Tom stated they partially addressed that concern and that 15 people have already signed up. They have an arrangement with the bank for payment plans. Councilmember Bean commented that if we grant this, one of the conditions would be that the financing already has to be in place before it is constructed. Councilmember Ellis inquired if we could require a bond. Councilmember Bean stated we could, but it is not our building and doesn’t involve us. It was discussed there is no longer a homeowner development association in the Cottages. Construction has begun, as far as, the hole has been dug. Councilmember Powell inquired if the lot was originally planned for a home. Ron stated it was and our zoning allows it. Councilmember Powell talked about a development he lived in the Meridian area. He stated prior to moving in they knew there was a swimming pool and common area. This is coming after the fact and he is concerned. Everybody that lived next to that area enjoyed it and the benefits thereof. Most everyone in that area walked to the pool. The only traffic issue involved extended family coming to visit and parking the cars at the pool. The property values in his area did increase, which contradicts what some people are worried about. Councilmember Bean inquired who would own the property. Ron stated it will be non-profit. Adolpho’s currently own the property. Ron stated there is a contractor. Councilmember Bean inquired how the construction is being paid for. Adolpho stated that the bid is for $513,000 from the contractor but he likes to pad things, so they don’t have to come back for more later. It is an investment for them. He is not a developer; he is a wholesales mortgage broker. Adolpho stated the one against it was a guy that wants to bid the painting for his membership. Councilmember Bean inquired when it would be completed. Adolpho talked about a 4 month time frame. Councilmember Bean stated he would propose a number of conditions upon this. He would include all of those conditions from P&Z, but he would change this to a one year review date. He would suggest no parking anywhere on the street, swales, and no construction unless there is money to complete the project. Once the financing is in place, transfer of the ownership of the property ought to take place immediately. He feels there needs to be a non-profit governing board in place, as well. He would like to require a $1 million liability policy, with the City of Ammon as additional insured. Those are the conditions he would place upon it. Lance Bates commented he would like to add that if the swales are used for parking in the winter time, he would like it to be non-existent. Councilmember Thompson asked Scott if the City would be liable by issuing a Conditional Use Permit. Scott stated the City would get named, and we would have to defend the lawsuit. He feels you do need that protection. Scott struggles with the renewal time frame. Ron stated if we do a review, we need to review the conditions of how they can operate. Councilmember Bean stated we need to look at it the first year and then go from there. He feels it is their responsibility after that. Scott talked that schools and churches are insured. He is concerned about the non-profit having nothing to satisfy a judgment, if there were an accident. Adolpho talked that they have a $1 million per occurrence, per person policy. Councilmember Powell commented using the tennis court as parking during winter months or making it parking only. Leslie Folsom confirmed that it would be metered. Lance and Charlie agreed. City Council Minutes 04/03/2008 -- 6 Adolpho stated they have included snow removal, as part of, the maintenance fees for the facility. Adolpho talked about the benefits of the facility for the City of Ammon and the benefits to the residents of the Cottages. Adolpho stated there are plenty here to support it. Councilmember Powell stated the Council also has to help those that are against it. Adolpho stated he works for Countrywide and will bank it himself. He stated banks will not do it, since there are no comparables. Councilmember Thompson inquired about the financing situation and if it is our problem. Councilmember Bean feels it is because we can help assist. It was discussed that builders are out there now that have run out of money and have stopped construction, but it is not our problem. Mrs. Adolpho commented that they do need to worry about selling all of the memberships, but that is their problem. Councilmember Bean inquired how many they have collected. Mrs. Adolpho stated they have collected 15. She commented the $513,000 does not include the gym equipment. Councilmember Bean talked about the financing issue. He is worried that no one will step up to complete this if it goes defunct and residents will not be able to get their money back. Council discussed it may not be our place. Councilmember Ellis talked about the risk the residents are taking. Councilmember Waite stated it is the same as investing and it is up to the investor. Councilmember Powell inquired about the Conditional Use Permit and if it qualifies for commercial. It was discussed it is non-profit which the investor writes checks to Adolpho Enterprises, LLC, which Mr. Adolpho owns. Councilmember Bean inquired if they have the non-profit status from the IRS yet. Mr. Adolpho stated they do. Mr. Adolpho explained it is a non-profit organization and will own the property until it is paid back to him. He is overseeing the funds while people buy to access the swimming pool. He is using the funds to build the facility. Mr. Adolpho stated there are more people that will be buying in once it is constructed. They understand the risks involved. Councilmember Ellis motioned to approve the Conditional Use Permit for 2686 Bungalow Drive with the conditions put on by Planning and Zoning with the additional conditions of the City being named as additional insured with $1 million policy, no parking on street, and 2 year renewal period. Councilmember Powell seconded. Roll call vote: Councilmember Ellis – Yes, Councilmember Powell – Yes, Councilmember Bean – No, Councilmember Thompson – Yes, and Councilmember Waite – Yes. Councilmember Bean stated his reason for denial is he would like to see the funds available before the project is started. The motion passed. th 8. Site Plan – 2389 14 North: Planning Director Ron Folsom explained where the property is located. Alan Cunningham, 1020 Lincoln Road, explained this is a restoration business. Alma Stump is the owner. The front portion will be offices; the majority of the building will be for trucks and equipment. Ron stated it meets all the requirements and was recommended for approval. th Councilmember Bean motioned to approve the Site Plan for 2389 14 North. Councilmember Powell seconded. Roll call vote: Councilmember Bean – Yes, Councilmember Powell – Yes, Councilmember Thompson – Yes, Councilmember Waite – Yes, and Councilmember Ellis – Yes. The motion passed. 9. Site Plan – Rick’s Farm – Townhouses: Planning Director Ron Folsom explained where the property is located. He explained the property is zoned R3A. Ron stated our ordinance says all buildings will set back 30 feet. There is an access easement that goes to the cell tower. They are not 30 feet back from that. It is an alley that they use twice a year. They are using it right now to build Eagle’s Landing Apartments. It is being considered a side yard not a road access. Tom Hunsaker, Planning and Zoning, stated it does not meet our townhomes ordinance because 1) no attached garage and 2) each townhome must have its own 25 feet backyard. He stated they are more condominiums. Tom stated they have the feel of a townhome but do not meet the requirements of a townhome in Ammon. He stated there are 25 dwellings, 50 parking spaces and maximum of 2 bedrooms each or they would have to have 75 parking spaces. It was discussed it is over the amount allowed per acre. Ron stated R3A allows 20 units per acre. Alan stated it is 1.2 acres. It was discussed 1.2 acres would allow 24 units. Councilmember Powell motioned to accept the Site Plan for Rick’s Farm – Townhouses, with the exception that we drop one unit to make it comply with the zoning. Councilmember Ellis seconded. Roll call vote: Councilmember Powell – Yes, Councilmember Ellis – Yes, Councilmember Waite – Yes, Councilmember Thompson – Yes, and Councilmember Bean – Yes. The motion passed. 10. Well #10 Bids (Lance): Jared Brag, Harper-Leavitt Engineering, talked about the bids for Well #10. He explained they only received two bids for the actual well construction. High Plains Drilling was the lowest bidder at $107,000. He stated they asked for references and there were 3 negative references out of 7 for High Plains. He explained the five questions they asked and we will have a tough time not accepting the bid on references. He stated we can either reject all and rebid or award it to High Plains. It was discussed the references did not come in with the bids. For Treasure Valley, all the references were positive. Jared stated a lot of the negative comments were due to timing issues, not quality. City Council Minutes 04/03/2008 -- 7 It was questioned if they would have a performance bond with penalties. Lance indicated they would and they would have a 90 day contract. Councilmember Bean inquired how much the performance bond is for. Lance stated we have a bid bond, but not a performance bond. Councilmember Bean stated he would like a minimum of 125% , if not 150%. Lance stated he will work with Jared to make sure that is covered. Councilmember Bean stated he does not have a problem with the negative references, if it is based on timing. He would like to see the performance bond in place. Lance stated he has not seen one that high. It was discussed there should be a performance bond figured in the bid of about 100%. Lance explained Phase II is the building itself. Phase II is everything for it to be able to operate. Councilmember Bean inquired if it includes asphalt and fencing around the compound. Jared stated it does not. Scott inquired if Harris is withdrawing on Phase II. Jared stated they are. Scott inquired if they submitted their 5% bid bond. Jared stated they did. Scott stated we have a right to take that bid bond and apply it towards the difference in price. Councilmember Bean stated they do want to do that. Jared stated it was an honest mistake by them. Lance stated he does not think it was an honest mistake. Jared stated the secretary was crying over the phone and feels it was her mistake. Councilmember Bean feels more people knew about it then just the secretary. Councilmember Bean inquired how much Scott usually sees in the county with performance bonds. Scott stated he sees usually 125%. Councilmember Bean motioned to accept the High Plains Drilling Bid for $107,844 with a 125% performance bond in place before construction begins. Councilmember Waite seconded. Roll call vote: Councilmember Bean – Yes, Councilmember Waite – Yes, Councilmember Thompson – Yes, Councilmember Ellis – Yes, and Councilmember Powell – Yes. The motion passed. Councilmember Bean motioned to accept Vern Clarke & Sons bid for $428,600 for the construction of Phase II of City Well #10 and at the same time execute the bid bond on Harris General Contractors and include a 125% performance bond and acknowledge withdrawal of Harris. Councilmember Ellis seconded. Roll call vote: Councilmember Bean – Yes, Councilmember Ellis – Yes, Councilmember Powell – Yes, Councilmember Thompson – Yes, and Councilmember Waite – Yes. The motion passed. 11. Ratify Mayor’s Request for Proposal on LID project: Lance stated he intends to have a draft RFP for Council at the work session next week. Councilmember Bean stated they would like to know what the Mayor’s request is. Councilmember Bean motioned to ratify the Mayor’s Request to put a Request for Proposal out for the engineers to provide us input relative as to what to put in a LID project that includes Tiebreaker, John st Adams/Curlew and 1 Street. Councilmember Ellis seconded. Roll call vote: Councilmember Bean – Yes, Councilmember Ellis – Yes, Councilmember Thompson – Yes, Councilmember Powell – Yes, and Councilmember Waite – Yes. The motion passed. DISCUSSION ITEMS : 1. Preliminary Plat on Brogan Creek (Ron): Alan Cunningham, 1020 Lincoln Road, stated they approved the preliminary plat with a few modifications. He stated they approved it with a 4-5 acre park. He stated he got about 3.2 acres and would like to go through it with them. He talked about possibly expanding the park with the next development. They met all other criteria. Tom Hunsaker commented what Ken has asked us put parks at the edges of developments so we can with the park into the next development and they have done that. Councilmember Powell inquired about when he intends to start construction. Alan stated it is dependent on the well also. Councilmember Powell inquired if he is okay with Sunnyside. Alan stated the developer does understand and would like Council’s input when it comes to the time to do it. There will be about 112 lots which includes a big lot possibly for a stake center. Councilmember Bean commented we need to figure fees for the lots for the traffic they contribute on Sunnyside. Alan inquired if you could do that at the final plat approval. Councilmember Bean agreed. Councilmember Ellis commented it would be a good time to work for the CID legislation. Tom Hunsaker commented you do not have to limit your exactions to just inside the property. You can set a standard. It does not have to be within the property, it can be outside of the property. It is in the State Statute. 2. Falcon Drive Street Adjustment: Leslie Folsom stated the only snag was that work sessions were not documented back at the time. She copied everything to do with Falcon and gave them copies. There has never been a public hearing or formal decision on the situation. It was discussed the work session next week is fairly full. Leslie explained what is on the work session for next week. 3. Automated Garbage Truck (Lance): Councilmember Bean inquired if anyone in the State has bought an automated truck we could piggy back off of. Lance stated he cannot find one. Leslie stated we could send an email out through the AIC website to ask them if they have purchased one or are they about to purchase one. He will try City Council Minutes 04/03/2008 -- 8 to get a draft of bids for work session. Councilmember Ellis inquired about containers. Lance stated that was part of the lease option. Lance explained the containers are $50 a piece and we have $440,000 in the budget. Lance stated $220,000 is for the truck and $220,000 is for the containers. Leslie inquired if we are going to sell the containers back to the residents. Lance stated he is not sure that we sell them back. He commented we should retain the property ownership of the City of Ammon. Leslie stated we would have to pay property taxes on them each quarter. Lance stated only if they rent them. Leslie disagreed. She explained she and Scott discussed it. Councilmember Bean inquired if we go ahead and provide the first container to them and then if they want a second one they have to buy it. Or if they have to replace it at any time, then they would have to buy it. We could serial number them. They are 96 gallon containers which is equivalent to 3 regular size cans. Leslie stated we are paying 6% tax for every dumpster for the total amount of money we are getting every quarter because it is the State ruling. Leslie stated she called the State on it. We will need to do a new resolution on utilities for rental fees then we would pay 6% on a token amount for each dumpster’s rental. 4. Misc.: Councilmember Bean talked about the Hazardous Waste Program. He thinks they automatically put our name on it and that we are participating. Leslie stated the Mayor signed it because it is a 2 year program. They are hoping to do it every month next year. Ron inquired about a Conditional Use Permit that is coming up for the Liberty Square Beauty Shop. It is a two year renewal and didn’t know if we need a hearing or not. We have had no complaints. The council wants it to just come up for renewal as an action item. Councilmember Thompson inquired about Club, Inc. in Tiebreaker up for review. Ron stated he called records and they are supposed to be getting them. Leslie stated we do need to have a motion to release the fire truck. Stacy hopes to have it ready for a motion by the next meeting. Leslie stated there is a grant writing seminar coming in with a cost of $425. She thinks it would be good for Patterson to go for looking for other grants for the City. Council discussed to go ahead and send Patterson. Leslie talked about a disc on council procedures that has useful information and asked if anyone wants to view it. Leslie talked about what Shawna does and showed some of the notices she gives out. She does things in a friendly manner. Leslie gave a copy of the registration for Idaho water AIC seminar. She needs to know ahead who would like to go. Councilmember Bean would like to go and would like an email to remind him about it. Leslie talked about a personnel policy overview class. She stated she and Lisa would like to go. She stated it is put on by AIC. Council concurred it was alright to go. Councilmember Bean motioned to adjourn to executive session pursuant to Idaho Code 67-2345(b). Councilmember Powell seconded. Roll call vote: Councilmember Bean – Yes, Councilmember Powell – Yes, Councilmember Ellis – Yes, and Councilmember Waite – Yes, and Councilmember Thompson – Yes. The motion passed. The meeting adjourned at 11:50 p.m. ___________________________________________ C. Bruce Ard, Mayor ______________________________________ Leslie Folsom, City Clerk City Council Minutes 04/03/2008 -- 9