Council Minutes 9/12/2006 (83)
128
June 5, 1997
CITY OF AMMON
June 5, 1997
Minutes of the Public Hearing and Regular Meeting of the Mayor and City Council:
The meeting was called to
Sou th Ammon Road, Ammon,
present:
Mayor C. Bruce Ard
Counci1member W. Lee Bean
Counci1member Sherrill C. Bohn
Counci1member Ira K. Hall
Counci1member Steven J. Loveland
order by Mayor C. Bruce Ard in the City Building, 2135
Idaho, at 7:30 P.M. with the following City Officials
Attorney W. Joe Anderson
Engineer David E. Benton
Public Works Director David
Fire Chief Clarence Nelson
City Clerk Aleen C. Jensen
Wadsworth
Others Present:
Richard Anderson (Scout), 464 Advantage Lane, Ammon
Jo1ene Reeder, 3245 Da1 Avenue, Ammon
Jay Johnson, 2125 Cabe11aro Drive, Ammon
Gary and Marcia Bingham, 3660 Tay10rview Lane, Ammon
John and Mary LoPiccolo, New resident of 3620 Tay10rview Lane, Ammon
Alan Obray, 3475 Tay10rview Lane, Ammon
Jeff and Claudia Clark, 3605 Tay10rview Lane, Ammon
Mark Johnson, 220 North Farnsworth Drive, Idaho Falls
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Mayor Ard led the Pledge of Allegiance to the Flag, and Counci1member Hall offered
the invocation.
Mayor Ard opened the Public Hearing to consider the request of Jay Johnson for
rezone of 7.81 acres from R-1 to R-2, for annexation with initial zoning of R-2
for 4.0 acres, and annexation with initial zoning of R-1 of 26.77 acres. All of
the property under consideration is located south of Sunnyside Road across from
Hillcrest High School. Notice of the hearing was published in the Post Register on
May 20 and May 27, 1997. Property owners within three hundred feet (300') were
mailed notices of the hearing. Parties in interest were sworn in to present
testimony.
The Planning and Zoning Commission considered Johnson's request at a Public Hearing
held May 6, 1997, and at a Special Meeting held May 14, 1997. At the conclusion of I
their Public Hearing, the Planning and Zoning Commission recommended that the
proposed zoning be denied. However, they failed to make a recommendation on the
request for annexation. The special meeting was called to clarify the
recommendation to the City Council regarding the request for rezone of ten acres of
property and the request for annexation with initial zoning on thirty acres of
property. Originally the request proposed zoning to be R-1 and R-2A, but the
developer determined he could develop as he wanted with a lesser zone. The request
was changed to propose the zoning to be R-1 and R-2. The Planning and Zoning
Commission recommended approval of the annexation and zoning as revised.
Jay Johnson reviewed his request and oriented the Council to the proposed zoning
layout. Restrictive covenants and a development agreement will state no lot will
allow more than two units. The property to be zone R-2 will be developed with
single story townhouses. If the City Council approves annexation and zoning, a
plat will be presented to the Planning and Zoning Commission on Tuesday, June 10,
1997.
Alan Obray, 3475 Tay10rview Lane, compared the proposed zoning with the existing
zoning of the adjacent Felt-Waite subdivision. Felt-Waite subdivision is zoned
RPA, the lot size is approximately 30,000 square feet, and the smallest house is
1350 square feet. The proposed subdivision is planned to be less restrictive, but
the developer met with adjacent property owners to discuss his plans. He has
agreed to develop with two unit townhouses and single family, rambler type
dwellings containing approximately 1200 square feet. There is to be no
manufactured homes. Mayor Ard pointed out the City can not restrict manufactured
homes. Mr. Obray stated the property owners in Felt-Waite do not have a problem
with the proposed subdivision provided the developer completes a development
agreement as promised. Mayor Ard closed the Public Hearing and opened the meeting
for discussion.
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Jay Johnson explained the details of his plans.
struction of the street and then a single family
houses. There will be about thirty-four acres
townhouses depending on demand.
Development will start with con-
dwelling and one section of town-
of houses and about six acres of
Jo1ene Reeder asked why the plans do not provide for larger lots. John LoPiccolo
inquired about plans to develop Judy Street and if the City plans to address
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June 5, 1997
traffic flow. Marcia Bingham expressed concern about the traffic congestion on
Sunnyside Road near Hillcrest High School. Claudia Clark also stated concern about
school traffic and problems with accessing Sunnyside Road.
Councilmember Hall moved to approve the annexation and zoning as referred to in the
Not ice of Hearing or more specifically annexation of 4.0 acres to be zoned R-2,
annexation of 26.77 acres to be zoned R-l, and a zone change from R-l to R-2 of
7.81 acres now annexed to the City, and the remainder of the ten acres now annexed
to be left R-l with the animal overlay to be removed, all action approved
contingent upon an acceptable development agreement. The motion was seconded by
Councilmember Bean. Roll call vote: Hall - Yes; Bean - Yes; Bohn - Yes;Love-
land - Yes. The motion carried unanimously.
Councilmember Bohn moved to approve the minutes of City Council Meeting held May
15, 1997. The motion was seconded by Councilmember Hall. Roll call vote: Bohn-
Yes; Hall - Yes; Bean - Yes; Loveland - Yes. The motion carried unanimously.
Well No.8 is on line as of May 22. At 65 lbs. of pressure, the flow averages
1,200 gallons per minute. Residents should experience less fluctuation in the
water pressure. A fire flow test was conducted for the proposed Circuit City
development, and the results were good. Water system operations were discussed.
It was recormnended that some water pressure tests be conducted to determine if
there are still problem areas.
Councilmember Bean reported he had reviewed the revisions to the dog ordinance as
recormnended by the City Council. Attorney Anderson will incorporate the revisions
in the new codification of the ordinances.
Ernest M. Kiel, 496 North 4138 East, Rigby, Idaho 83442, made application with the
City Office for a permit to operate a stand for the sale of safe and sane fireworks
in Albertsons' parking lot. The City Clerk had a question about the time of
sales. According to the current City Code 7-3-6 "No 'safe and sane fireworks' shall
be sold or offered for sale except from twelve 0' clock (12: 00) noon June 15 to
midnight on 5th of July each year." City of Idaho Falls does not allow fireworks
to be sold for that long. Attorney Anderson agreed to check Idaho Code to
determine if Ammon needs to reduce the time of sale. Councilmember Bean moved to
approve a fireworks permit for Ernest M.Kiel at Albertsons' parking lot subject to
inspection by the Fire Marshal. The motion was seconded by Councilmember Hall.
Roll call vote: Bean - Yes; Hall - Yes; Bohn - Yes; Loveland - Yes. The motion
carried unanimously.
Bids were opened in the City Office at 2:30 P.M. on Wednesday, June 4, 1997, for an
asphalt overlay of 17th Street from Hitt Road to Ammon Road. The bids received
were as follows:
HK Contractors Inc.
BECO Construction
L. C. Contractors LLC
$206,669.00 plus striping $211,690.00
$195,174.00 plus striping $197,174.00
$288,265.00 plus striping $294,268.00
Engineer Benton reviewed the bids including the change orders which extended the
completion date to September 15 and added striping. Mayor Ard requested that the
problem corner at Midway and 17th Street by Mike Jones/Quality Water be fixed as
part of the project. All bidders provided bid bonds, and they were determined to
be responsible bidders. Councilmember Hall moved to accept the bid for the asphalt
overlay on 17th Street from BECO Construction, the low bidder, in the amount of
$197,174 and to stipulate in the initial negotiation for the catch basin at Midway.
The motion was seconded by Councilmember Loveland. Roll call vote: Hall - Yes;
Loveland - Yes; Bohn - Yes; Bean - Yes. The motion carried unanimously.
Engineer Benton explained preparatory procedures and the various steps involved in
the project. The contractor is responsible for notifying the property owners of
the construction schedules. There was a question about how Peterson Enterprises
will connect to the water and sewer for their 17th Street project. Engineer Benton
explained their water and sewer service comes from the back of their lots. The
Council asked that Petersons be contacted to make sure any water, sewer, and/or
curb cuts for 17th Street be addressed before the 17th Street project is completed.
Reports: David Wadsworth reported for Public Works. There are eight heads left
to complete the sprinkler system in south McCowin Park. It should be in operation
by June 6, . and all that will be left is cleanup. The swirmning pool is ready to
open on Monday, June 9. The projected closing date is August 16, 1997. The
Council is interested in extending the closing date for two weeks since school does
not start until after Labor Day.
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June 5, 1997
Attorney W. Joe Anderson discussed a problem with the townhouses being developed
by Jay Johnson. The title company is hesitant to insure title since Ammon's
ordinances do not make any allowance for properties with zero lot lines or common
walls. Our ordinance requires sideyards in all zoning categories. Townhouses are
desirable additions to be made available in Ammon's market. Legal counsel proposed
to amend the zoning ordinance to allow zero lot lines with the combination of two
units together rather than require only development with sideyards. An ordinance
to make such an amendment will be prepared for the Planning and Zoning Commission
to consider for the R-2, R-2A, R-3, and R-3A zones.
Counci1member Bohn expressed concern about the City sprinkling the walking path.
The problem should be solved when the new sprinkling system is in operation. Hours
for watering the park will be between 10:00 P.M. and 5:00 A.M. A number of the
trees around the walking path are dead. Midway Avenue has a problem on the south
end near Sunnyside Road.
Counci1member Hall reported that the Planning and Zoning Commission has been
considering a sign ordinance. They have reviewed ordinances from City of Idaho
Falls and City of Jackson, Wyoming. The City Clerk was requested to prepare copies
of these two ordinances for the City Council to study before making a
recommendation.
Engineer Benton submitted "Approval of Payment No.4" (final payment). The
statement of work for Well No. 8 follows:
Original Contract Price
Net Change Orders
(4 Change Orders plus
$736 for 92 yds of
pit run)
Current Contract Price
Previous Payments
Amount Due This Payment
$328,430.00
5,424.43
$333,854.43
($227,311.20)
$106,543.23
Approval was requested and granted for Change Order No. 5 in the amount of $650
to provide a relay to prevent the generator from starting when the pump is in
bypass position. (This change order is not included in $106,543.23 final payment
request for Well No.8). All change orders were reviewed individually for the
Council by David Benton and Paul Snarr.
Discussion was opened on Well No. 8 liquidated damages. The contract called for
a completion date of March 31, 1997. The well was ready to pump water on April
23, 1997, but it was not ready to go on line until May 22, 1997. There are still
some details to be completed. During construction, electrical problems have been
experienced. However, the Council members were of the opinion that the contractor
did not perform well. Regarding liquidated damages, Attorney Anderson interpreted
the situation to be open for negotiation. One hundred percent liquidated damages
were estimated at $20,000 for the City and $20 ,000 for the engineer. The Council
agreed to withhold $40,000 from the final payment request until the liquidated
damages are negotiated. Engineer Benton was asked to make a full accounting for
engineering services and Public Works Director Wadsworth was asked to submit extra
time costs generated because of the delay in getting the well on line. Payment
to Rand S Construction was approved for $66,543.23.
City Clerk Jensen received a request from the LDS Church regarding additional
lighting for the parking lot of their building across from Lions Park. They would
like permission to run a power line under the road from the church across to the
parking lot. Driving lines under roads frequently causes bumps in the road. Per-
mission is granted if the line is drilled at a depth of 30" or if the church makes
road repairs for damages or if they have to cut into the asphalt. Claims were
approved.
Fire Chief Clarence Nelson reported that Intermountain Gas has agreed to do some
training for the Fire Department. Five of the volunteers have registered to attend
State Fire School.
Cantlon Properties has been requested to install their Ammon Town Center sign on
the corner of Hitt Road (25th Street) and 17th Street.
Counci1member Hall moved to adjourn the meeting, and Counci1member Bohn seconded
the motion. The meeting was adjourned at 9:55 P.M.
Cj:.2Y
ATTEST
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BID FORM
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Item Number and Description Quantity Bid Bone Quantity Bid Bond Quantity Bid Bond Quantity
Amount Amount Unit Price Amount Amount
Unit Price Unit Price Unit Price
Unit Price Written in Words Dollars I Cts Dollars Cts Dollars I Cts Dollars I Cts Dollars Cts Dollars I Cts Dollars
Dollars Cts Cts
EARTHWORK AND BASES
Removal of Curb and Gutter 380 L.F. 380 L.F. 380 L.F. 380 L.F.
at $ 31 00 $ 1.140 DO $ 5 100 $ 1 Qnr nn $ ,,1nn $ 1 Qnn nn $ 3100 $ I.' 40 DO
Removal of Sidewalk 82 S.Y. 82 S.Y. 82 S.Y. I 82 S.Y.
at $ 31 nn $ ?4'; nn $ "Inn $ 41" nn $ .lInn $ -:1.,0 '" 1$ 3100 $ 2YlP 00
SURFACE COURSES AND PAVEMENT
Tack Coat - Type/Grade SS 1 3,000 GAL 3,000 GAL 3,000 GAL 3,000 GAL
at $ 140 $ 1,200 00 $ 175 $ 2.25( 00 $ 1 Inn $ "lnnn nn $ \ 1C6 $ 3,000 00
Engineering Fabric 37,000 S.Y. 37,000 S.Y. 37,000 S.Y. 37,000 S.Y.
at $ 190 $ 33.300 100 $ 175 $ 27 751 00 $ 1 \",n $ 55_500 nn $ \ I \D $ ~D,1OO 00
lh" Asphalt P1antmix Pavement for Leveling
Course 1,540 TON 1,540 TON 1,540 TON 1,540 TON
at $ 2RI nn $ 4"l l?n Inn $ 23100 $ "l" 4?/ nn $ 35100 $ o;;~ Qnn Inn $ 34100 $ 52. 3~D 00
2" Asphalt P1antmix Pavement for Overlay 4,700 TON 4,700 TON 4,700 TON 4,700 TON
at $ 21100 $ 98.700 00 $ 21100 $ 98.70( 00 !$ .,t;lo;;n $ 1.,.1 o;;o;;n Inn $ .~21 00 $ t~, L\OO 00
INCIDENTAL CONSTRUCTION
Adjust Manhole Ring 21 Each 21 Each ; 21 Each 21 Each
at $ 2001 00 $ 4,200 00 $ 200100 $ 4.20 00 $ Annlnn $ o Ann nn $ 300 I 00 $ (P,300 00
Adjust Water Valve Box 29 Each 29 Each 29 Each 29 Each
at $ 1751 00 $ 5,075 00 $ 100100 $ 2,901 .00 $ 250100 $ ., .,o;;n nn $ 200lco $ t?,800 00
PORTLAND CEMENT CONCRETE
Combination Curb and Gutter
STANDARD 30" 450 L.F. 450 L.F. 450 L.F. 450 L.F.
at $ 1~ 00 $ 6 300 00 $ 14100 $ 6. ~nl nn $ 1 ",Tnn $ t:. .,,,,n .n $ 12-100 $ ~. 0.00 00
4" Flatwork 110 S.Y. 110 S.Y. 110 S.Y. 110 S.Y.
at $ 2~ 00 $ 2.970 00 $ 24100 $ 2.64 00 $ 25100 $ ., .,o;;n nn $ 2-0100 $ 2,2.00 00
CITY OF AMMON, IDAHO
ASPHALT OVERLAY OF 17TH STREET
from Hitt Road to Ammon Road
HK Contractors, Inc.
Beco Construction Co., Inc....
LC Contractors, LLC
Engineer's Estimate
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CITY OF AMMON - ASPHALT OVERL_ STREET
Page 1
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HK Contractors, Inc.
Beco Construction Co., Inc."
LC Contractors, LLC
Engineer's Estimate
Item Number and Description Quantity Quantity Quantity Quantity
Unit Price - Amount . .", Unit Price Amount Unit Price Amount Amount .-
Unit Price
Unit Price Written in Words Dollars I Cts Dollars Cts Dollars I Cts Dollars Cts Dollars I Cts Dollars Cts Dollars I Cts Dollars Cts
SPECIAL PROVISIONS I
Edge Cold Milling 10,400 L.F. 10,400 L.F. 10,400 L.F. 10,400 L.F.
at $ 185 $ 8,84(J 00 $ 1 100 $ 10.400 0 $ ?Inn $ ?n Ron rlO $ 1120 $l2.4<60 00
Transition Cold Milling 284 S.Y. 284 S.Y. 284 S.Y. 284 S.Y.
at $ 4 150 $ 1 ?"7Sl nn $ . t::.lnn $ 1 "7nA In $ lnlnn $ ?R4n [)O $ \ I!pO $ 465 00
Additional Grade Ring Depth 6 L.F. 6 L.F. 6 L.F. 6 L.F.
at $ 50100 $ -:tnc nn $ , nn Inn $ t::.nn hn $ ..nlnn $ ':lnn fln $ 05100 . $. ~'XJ 00
Striping 2,000 PO $ 2gD/93)
TOTAL BID $ 206,669 00 TOTAL BID $197,174 bo TOTAL BID $ 288,268 00 TOTAL BID 00
Striping
4,500 00
211,169 00
Striping
6,000 00
294,268 00
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