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Council Minutes 06/19/2003 CITY OF AMMON CITY COUNCIL MINUTES THURSDAY, JUNE 19, 2003 The meeting was called to order by Mayor C. Bruce Ard at 7:35 p.rn. in the City Building, 2135 South Ammon Road, Ammon, Idaho, with the following City Officials present: Mayor C. Bruce Ard Councilmember Karen Y. Anderson Councilmember W. Lee Bean Councilmember Randy Waite Engineer Bill Manwill City Administrator Bruce Rose Public Works Director David Wadsworth Planning & Zoning Chairman Tom Hunsaker City Clerk/Treasurer Diane Gempler The following City Officials were absent: Councilmember Randy Waite City Attorney Scott Hall Councilmember Anderson let the Pledl!e of Allel!iance to the Flal! and Councilmember Bean offered a prayer. MINUTES: Several corrections and clarifications were noted in regard to the June 5,2003, minutes. The corrections will be made by the City Clerk. The minutes were tabled to the July 3,2003 meeting. CONSENT AGENDA: Councilmember Anderson motioned to approve the Consent Agenda. Councilmember Folsom seconded. Roll Call Vote: Anderson - Yes; Folsom - Yes; Bean - Yes. Motion carried. BUILDING MORATORIUM: City Administrator Bruce Rose presented City of Ammon housing density percentages as of June 5, 2003 to the Council. Information included a breakdown of housing types from the 2000 Census, building permits issued since the 2000 Census by type, the number of single family homes and, the number of multi-family housing units; recently platted divisions were also included. "Attached" residences are included as single-family housing. Disregarding the recently platted properties, there are approximately 83.9% single family and 16.1 % multiple family housing units in the City. The Council would like to receive the report, based on building permits issued and excluding platted but not developed properties, at least every six months so that percentage trends can be monitored. Mr. Lee Gagner, State Legislator and Developer, addressed the Council regarding the Land Use Planning Act, and other State Statues pertinent to the enactment of any form of building moratorium. Mr. Gagner asserted that a number of the statutes had not been properly followed during the June 5, 2003, Council Meeting in which a motion was made and passed instituting a building moratorium. Mr. Gagner specifically referred the Council to Idaho Code Sections 67-6523, 67-6524, 67-6509, 67-2340, 67-2341, 67-2342, 67-2343 and, 67-2347, to demonstrate that the motion is effectively null and void under the Idaho Code. His concerns are that no emergency existed as inuninent peril to public health, safety or welfare. A moratorium based on motion only cannot be used if no emergency exists. A more standard moratorium, which must show that imminent peril exists requires a full public hearing process and findings before the moratorium may be passed. And, informed the Council that they should either pass a motion declaring the building moratorium passed at the June 5, 2003 Council Meeting null and void. Or, they may face civil legal action by any affected developer to have the motion judicially nullified. Mr. Gagner also suggested the Council direct the Planning and Zoning Commission to address the issue within the Comprehensive Plan. Councilmember Anderson motioned to rescind the motion that was passed at the last City Council Meeting concerning moratoriums. Councilmember Folsom seconded. Roll Call Vote: Anderson - Yes; Folsom - Yes; Bean - Yes. The motion carried. The Council requested that the Planning and Zoning Commission Comprehensive Plan Committee continue with their work revising the Comprehensive Plan to address the issue of housing density. Council Minutes 06/19/2003 - 1 Centennial Ranch #13 Final Plat and Develoument Al!reement: City Administrator Bruce Rose presented the Final Plat and Development Agreement for Centennial Ranch #13. Planning and Zoning voted unanimously to recommend approval of the Preliminary Plat at their May 6,2003, meeting. The Final Plat was brought back to Planning and Zoning on June 3, 2003, once again Planning voted unanimously to recommend approval. Staff has reviewed the request and concur with Planning and Zoning's recommendation for approval. Casey DunneTt, 3025 Devonwood, Ammon, Idaho, of Benton Engineering there are 29 lots zoned R -1 in this plat. Attorney Scott Hall has reviewed the Development Agreement. And, the City of Idaho Falls has signed off on the sewer system design. There have been no changes made to the Preliminary Plat for this division. Councilmember Anderson asked if the platting process had been completed on the property to the west of this plat. Mr. Danewort indicated that would be brought before Planning and Zoning next month. Counci1member Folsom motioned to approve the Centennial Ranch #13 Final Plat and Development Agreement. Councilmember Anderson seconded. Roll Call Vote: Folsom - Yes; Anderson - Yes; Bean - Yes. The motion carried. White Pines Charter School Final Plat and Develoument Al!reement: City Administrator Bruce Rose reported the Final Plat was brought before the Council with three other items on June 5, 2003, and was tabled until stipulations could be written into the Development Agreement. The name of the Plat is to be changed to Eastern Idaho Commerce Center Division #3 as there is already a White Pines development on record. Councilmember Folsom asked Engineer Bill Manwill if the section to be co-signed by Mr. Suitter was clear to the effect that the remaining portion of John Adams would be completed as soon as the remaining west section of John Adams Parkway is completed. Councilmember Anderson asked for clarification on the terms of when the busing program has to be in place. Discussion concluded that the section stating that Mr. Suitter would complete the final section of John Adams from the west would be clarified. Councilmember Folsom motioned to approve the Eastern Idaho Commerce Center Division #3 Final Plat and Development Agreement with the stipulation that paragraph 2.s. be rewritten to clarify that Mr. Suitter will develop both sides of John Adams Parkway including curb and gutter at such time as the western portion of John Adams Parkway from Hitt Road in front of his R-1 property. Councilmember Bean seconded the motion. Roll Call Vote: Folsom - Yes; Bean - Yes; Anderson - No, feels there is insufficient access to the school. The motion carried. Sewer Line and Lift station Enl!ineerinl! Contract: City Engineer Bill Manwill presented a draft engineering agreement submitted by Forsgren and Associates. He reported that the City Staff has met with a representative of Forsgren and Associates and laid out a scope of work. They are asking for an additional $5,000 for preliminary design work to explore alternatives to the proposed routing of the lines. Everything in the proposal is lump sum with the exception of construction management (time and materials) which is capped by a not to exceed figure. The total engineering is $35,500. Assuming $150,000 construction cost and engineering, 31 % is engineering. Staff feels the engineering cost is excessive for this project. Staff requests authorization for the selection committee to negotiate with Forsgren and Associates and if a more reasonable cost cannot be reached recommend the Council reject their proposal and open negotiations with Schiess and Associates. Councilmember Bean noted that the City has always paid no more than 8 to 10% for engineering cost on projects. Engineer Manwill concurred with Councilmember Bean's statement. Reimbursable expenses in the proposal were also discussed. Councilmember Bean motioned authorizing the selection committee to renegotiate with Forsgren to see if the compensation for services can be adjusted to a rate acceptable to the City Council and if not reject the offer and enter into negotiations with Schiess and Associates. Councilmember Folsom seconded the motion. Roll Call Vote: Bean - Yes; Folsom - Yes; Anderson - Yes. The motion carried. Rawson Street Ril!ht-of-Way Vacation: City Administrator Bruce Rose reported that an right-of-way vacation which was voted on at the May 5, 1988, City Council Meeting had not been completed. A petition requesting the vacation had been presented to the City Council at that meeting. The City Council had voted to vacate the property at that time. Mrs. Kent had researched the issue when planning to build a garage, and a letter from her attorney regarding the matter had been received requesting that the City Council follow-up and complete the vacation process. The process necessary to complete the vacation by Ordinance and record it was discussed. City Engineer Bill Manwill is gathering the legal descriptions for the right-of-ways to be vacated along the specified section of Rawson Street. City Attorney Scott Hall will be requested to draft an Ordinance completing the vacation. Public Hearing notice will be published and the hearing held. Attorney Scott Hall has advised Mr. Rose that the process Council Minutes 06/19/2003 - 2 - should be completed by the Council. Ouail Ridl!e Well: City Administrator Bruce Rose reviewed the Memorandum of Understanding that was agreed upon during March. On May 9th, at the direction of City Council, City Attorney Scott Hall forwarded a letter to Mr. McDaniels requiring completion of the release of covenants on the property no later than June 5, 2003. George McDaniels, 2425 South 60th East, Idaho Falls, the developer, reported he has obtained two of the signatures, and three left, Griffiths, Bidoff and Smiley. The Griffith's are interested in requesting annexation, with a waiver of connection fees. They have discussed getting service extended prior to annexation. Mr. McDaniels was informed that the Griffith's need to start the annexation process City Administrator Bruce Rose reported he had met with Mrs. Griffith and explained the annexation process to her. David Wadsworth stated that there wouldn't be a problem with connecting services. The Council discussed waiver of the connection fees, and a previous offer to the property owners to waive the fees if they annex into the City. Councilmember Anderson asked for clarification of the location of the Griffith's property. The Bidoffs want to see the stuccoing started before they sign. The Smiley's want verbiage in the waiver that Hillpoint Properties would come in an replace their pump if Quail Ridge Well is deepened. There was discussion regarding negotiation of a new memorandum of understanding. Mr. McDaniels was informed that he is to report to the Council at the July 3,2003, meeting, and if the terms are not completed at that time the terms would be renegotiated at the Council Work Session on July 10th. Miscellaneous Discussion Items: City Engineer Bill Manwill asked who will initiate the name change along the street currently named Katcina to John Adams Parkway in the County portion of Centennial Ranch. The Council discussed what needs to be done to change the street name. The County Commissioners will need to authorize the change. City Engineer Manwill was directed to ask the Commissioners for their authorization and suggest a joint letter from The City of Ammon and Bonneville County requesting the change. City Engineer Manwill reported on the street construction and road closure on First Street at the intersection with Hitt Road. There was a brief discussion regarding whether to hold another public hearing for annexation of the county islands. It was concluded that a public hearing before the City Council should be held. City Administrator Bruce Rose reported on a recent situation regarding the ditches in the old Ammon Townsite. Property owners were having difficulty getting water to their property and were instructed that the water right owners are responsible to clean the ditches. The ditch on the west side of Western Avenue was cleaned and a mess was left along the right-of-way consisting of dirt and debris that was removed from the ditch. Most of the debris was removed, however, some was left behind along one property. Public Works was directed to check into getting County work detail for labor to clean up the remaining mess. A resolution reaffirming that the property owner's are responsible for maintaining the ditches was discussed. Councilmember Folsom suggested mailing of a letter to the constituents of Ammon clarifying some aspects of the issues presented by the petition gatherers and news reports. The proposed letter was discussed at length. Councilmember Folsom will draft a letter for Council review and approval before it is sent out. Councilmember Bean inquired about how much of the work to be done on Hitt Road is to be included in the Federal Sunnyside project by the City of Idaho Falls. Councilmember Bean had received a letter from Mr. Chad Stanger regarding improvements that are planned by the City of Idaho Falls indicating there is going to be about 246 feet from the intersection on Hitt Road included in the Federal project. And, that there is about $475,000 of work that is not included. City Engineer Bill Manwill will report to the Council on what is included in the Federal funding. The Council discussed the reported possibility of Ammon and Idaho Falls reopening negotiations regarding the Hitt Road Memorandum of Agreement. There is conjecture in the press that the Agreement will be wholly renegotiated. Councilmember Bean commented on the need to clarify the Agreement. And, the need for more communication between the Cities regarding improvements along their common boundaries. The concerns voiced related to the Council and City Engineer need to be involved in the planning process and provided the opportunity to give input in the planning of the development. City Engineer Bill Manwill suggested a letter be sent to Idaho Falls planners regarding the desire of the Ammon Council to be active participants in the process, especially when the City of Ammon is being ask to participate in funding. Councilmember Bean will discuss the issue with Mr. Stanger. Councilmember Anderson stated that she does not feel that the timing of a letter to the constituents is proper. And, that there was no misrepresentation by the petitioner's in gathering signatures regarding the amount of multi-family housing increasing in the community. Doug Williden stated that he had been informed by individuals who were asked to sign the petition did not understand that townhomes were included as multiple family housing units. It was clarified by Doug Willden that the proposed letter would be approached as reporting what Planning and Zoning and the Council are doing to alleviate the citizens concerns regarding multi-family housing. Council Minutes 06/19/2003 - 3 Planning and Zoning Comprehensive Plan Committee Chairman Doug Willden reported that the Committee is looking at four approaches to alleviate the multi-family housing problem throughout the city. The first approach is making the option of building housing in commercial zones require a special use permit or petition to change the zone to a residential zone. Second to increase the lot size requirement for multiple family housing to encourage growth that there is more open space. Third, working with the map to try to spread out the high density housing so that it is not concentrated in anyone area. Lastly, as a long-term solution, when there is more data available from other cities, instituting impact fees so that small area developments share the cost of building and improving infrastructure on an even level with larger developers. The Committee is promoting caution with regard to instituting impact fees. Councilmember Folsom motioned to adjourn. Councilmember Anderso de!i. All in Favor. Council Minutes 06/19/2003 - 4