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Council Minutes 09/01/2005 CITY OF AMMON CITY COUNCIL MINUTES THURSDAY, SEPTEMBER 1,2005 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 W. Lee Bean Councilmember Karen Y. Anderson Councilmember Randy Waite Councilmember Rex Thompson City Attorney Scott Hall City Administrator Bruce Rose City Planning Director Ron Folsom City Engineer Bill Manwill City Clerk/Treasurer Diane Gempler Councilmember Thompson led the Plede:e of Allee:iance to the Flae: and, Councilmember Waite offered a prayer. Minutes Aue:ust 18.2005: Councilmember Waite motioned to approve the August 18,2005, minutes, with correction noted. Councilmember Thompson seconded. Roll call vote: Councilmember Waite - Yes, Councilmember Thompson - Yes, Councilmember Anderson - Yes, Councilmember Bean - Yes. The motion carried. Items From Mavor: Mayor Ard reported that Woodbury Corp. requested a change order on the federal project to put in the deceleration lane. Processing of the change order could delay the Sunnyside project three weeks. Mayor Ard reported that he told them that it would not be acceptable to delay the current project. A change order to install an approach has been submitted since that time. The Council discussed the proposed change order. Councilmember Bean motioned to decline the requested change order. Councilmember Anderson seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Anderson - Yes, Councilmember Thompson - Yes, Councilmember Waite - Yes. The motion carried. Consent Ae:enda: Councilmember Anderson motioned to approve the Consent Agenda as presented. Councilmember Thompson seconded. Roll call vote: Councilmember Anderson - Yes, Councilmember Thompson - Yes, Councilmember Waite - Yes, Councilmember Bean - Yes. The motion carried. Public Hearine:s - Frontae:e Fees and Fire Code Plan Review Fees: Mayor Ard called the hearing to order. No citizens were interested in testifying. City Engineer Bill Manwill and Councilmember Anderson explained the proposed frontage fee changes. The Council discussed the proposed fees. Mayor Ard closed the public hearing. Councilmember Anderson motioned to adopt Resolution 2005-17, A RESOLUTION REVISING, COMPILING AND REPUBLISHING THE RATES TO BE CHARGED BY THE CITY OF AMMON FOR FRONTAGE FEES FOR SEWER LINES, WATER LINES, STREET IMPROVEMENTS, SIDEWALKS AND STORM DRAINS; PROVIDING FOR RECISSION AND REPEAL OF ALL RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR AN EFFECTIVE DATE.. Councilmember Waite seconded. Roll call vote: Councilmember Anderson - yes, Councilmember Waite - Yes, Councilmember Bean - Yes, Councilmember Thompson. Councilmember Bean motioned to adopt Resolution 2005-18 A RESOLUTION COMPILING AND PUBLISHING THE RATES TO BE CHARGED BY THE CITY OF AMMON FOR FIRE CODE PLAN REVIEW FEES; PROVIDING FOR COLLECTION AND REVOCATION OF ELECTRICAL PERMITS WHEN OBTAINED BY INSUFFICIENT OR FAULTY FUNDS; PROVIDING FOR RECISSION AND REPEAL OF City Council Minutes 9/1/2005 -- I '" ALL RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR AN EFFECTIVE DATE, changing the returned check fee to $25.00, and authorizing the building official to stop work on the subject project. Councilmember Thompson seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Thompson - Yes, Councilmember Waite - Yes, Councilmember Anderson - Yes. The motion carried. Public Comment on Items not on Al!enda: Planning Director Ron Folsom introduced Christian and Ashley Egan. Their home occupation permit has expired as they were unable to bring their property into compliance with zoning regulation within the allotted time. Chris Egan, 3890 East 17th, explained their efforts to meet the requirements and requested the Council give them an extension through the end of the year on their home occupation permit while they add a room to their home and restore the former garage, bringing the property into compliance with the zoning regulation.. Council member Thompson motioned to extend the home occupation permit until February 2, 2006. Councilmember Anderson seconded. Roll call vote: Councilmember Thompson - Yes, Councilmember Anderson - Yes, Councilmember Bean - No, it should be through the school year, Councilmember Waite - No, agreed with Councilmember Bean, Mayor Ard - No. The motion failed. Councilmember Waite motioned to extend the home occupation permit until June 1,2006. Councilmember Bean seconded. Roll call vote: Councilmember Waite - Yes, Councilmember Bean - Yes, Councilmember Anderson - yes, Councilmember Thompson - Yes. The motion carried. ACTION ITEMS: Ammonside Division #1 Revised Development Al!reement: The Council discussed whether to revise the development agreement as passed at their August 18,2005, meeting. JeffFrieberg, of Harper Leavitt Engineering, discussed the deceleration lane issues with the Council. Councilmember Anderson motioned to modifY SC-4 to state that the developer shall install the deceleration lane at their own cost, landscaping may be reduced to accommodate the deceleration lane; and no Certificate of Occupancy will be issued until the lane is in place. Councilmember Bean seconded. Roll call vote: Councilmember Anderson - Yes, Councilmember Bean - Yes, Councilmember Thompson - Yes, Councilmember Waite - Yes. The motion carried. Cortland Ridl!e Division #3 Final Plat and Development Al!reement: City Planning Director Ron Folsom presented slides of the location, vicinity. The property is located south of Township Road and east of Woodland Hills. The Planning and Zoning voted unanimously to recommend the Council approve the proposed Final Plat. Alan Cunningham, 1020 Lincoln Road of Mountain River Engineering, answered the Council's questions regarding the proposed plat. The Final Plat is consistent with the previously approved preliminary plat. The Council discussed the proposed Final Plat. Council member Bean motioned to approve the Cortland Ridge Division #3 Final Plat as presented. Councilmember Waite seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Waite - Yes, Councilmember Anderson - Yes, Councilmember Thompson Yes. The Council discussed the proposed Development Agreement. There were no special conditions. Councilmember Bean motioned to approve the Cortland Ridge Division #3 Development Agreement as presented. Councilmember Waite seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Waite- Yes, Councilmember Anderson - Yes, Councilmember Thompson Yes. Authorize Public Safetv Consultinl! Contract: Councilmember Bean presented the contract to the Council. City Attorney Scott Hall has reviewed the contract and approved the form of the agreement. The Council discussed the proposed contract. A meeting has been scheduled to discuss the questions to be included in the survey Council member Bean motioned to authorize Mayor to sign with inclusion of proposed time-line in contract and contingent upon a Memorandum of Understanding with Bonneville County to pay $15,000.00 ofthe agreement. Councilmember Anderson seconded. Roll call vote: Council member Bean - Yes, Councilmember Anderson - Yes, Councilmember Thompson - Yes, Councilmember Waite - Yes. The motion carried. Re-Authorize Phase 1 Well 6 Upl!rades: City Administrator Bruce Rose reported that the bids received so far exceed the previously approved estimate costs. As time is critical staff recommends approval of the TMC Bid. The Council discussed the bids presented. City Council Minutes 9/1/2005 -- 2 } .~ Councilmember bean motioned to award the well upgrade bid to TMC Contractors conditioned upon negotiation of an acceptable time frame for completion, unless a third bidder presents a lower bid. And, authorize the Mayor to sign the approved contract. Councilmember Waite seconded. Roll call vote: Councilmember Bean- Yes, Councilmember Waite - Yes, Council member Anderson - Yes, Councilmember Thompson - Yes. The motion carried. Award Bid McCowin Park Parkine: - North of Southwick: City Administrator Bruce Rose presented the bids received for the parking project. Staff recommends awarding the contract to LN Johnson Paving, as their bid was lowest and in line with project estimates. Councilmember Anderson motioned to award the McCowin Park Parking project to LN Johnson Paving. Councilmember Bean seconded. Roll call vote: Councilmember Anderson - Yes, Councilmember Bean - Yes, Councilmember Thompson - Yes, Councilmember Waite - Yes. The motion carried. Peterson Park Area Crack Seal: City Administrator Bruce Rose, presented a quote for the crack sealing in the streets in the Peterson Park area, to include Ross south of Sunnyside and Maiben. The crack sealing will be done this fall with chip seal being applied next summer. The Council discussed the proposed crack sealing. Councilmember Waite motioned to contract the Peterson Park area crack sealing with Imperial Asphalt. Councilmember Bean seconded. Roll call vote: Councilmember Waite - Yes, Councilmember Bean - Yes, Councilmember Thompson - Yes, Councilmember Anderson - Yes. The motion carried. Approval of Puchase Truck, Snow Plow and Sander Packae:e: City Administrator Bruce Rose presented the quoted costs for the purchase of a truck w/dump bed, snow plow and sander attachments. Hirning in Pocatello has proposed purchase of the truck under a Highway District bid from 2003. They are willing to give the City the 2003 bid price. The Council discussed the proposed purchase. Councilmember Anderson motioned to authorize purchase of the Truck with Dump, Snow Plow, and Sander as presented. Councilmember Waite seconded. Roll call vote: Councilmember Anderson - Yes, Councilmember Waite - Yes, Council member Bean - Yes, Councilmember Thompson - Yes. The motion carried. Miscellaneous Discussion: Water System Modeline:: Planning Director Ron Folsom - reported that Schiess has suggested that the best time to do the initial modeling is in the preliminary platting stage. The modeling will need to be ordered and paid for by the City the collected from the developer(s). The Council discussed the need to establish fees or means of passing the actual cost. Mayor Ard reported on an issue regarding residents of Centennial 13, 14, 15 & 16, who do not receive water or sewer service from the City and, some of whom do not feel it necessary to pay the City for garbage service. The Council discussed the issue and it was decided that they should be billed regardless of whether they are utilizing the service, similar to commercial customers being billed for the availability of the service. City Engineer Bill Manwill presented a letter from Schiess and Associates informing the Council of a potential conflict as they have been asked by Mountain River Engineering to design the water system for Founders' Pointe. Councilmember Thompson reported on police calls and hours over May, June, and July. Councilmember Thompson motioned to adjourn to executive session. Councilmember Bean seconded. The meeting adjourned at 10:45 p.m. '---.......,,- Ic-'-.. G Diane B. Gempler, Cler City Council Minutes 9/1/2005 -- 3