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Council Minutes 09/21/2006 CITY OF AMMON CITY COUNCIL MINUTES THURSDAY SEPTEMBER 21, 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 Bruce Ard Councilmember Lee Bean Councilmember Randy Waite Councilmember Rex Thompson Councilmember Dana Kirkham (7:50) City Planning Director Ron Folsom City Administrator Bruce Rose City Engineer Bill Manwill City Attorney Scott Hall City Clerk/Treasurer Diane Gempler Councilmember Bean led the Pledl!e of Allel!iance to the Flal! and, Councilmember Waite offered a prayer. Minutes AUl!ust 24. 2006 and September 7. 2006: Councilmember Waite motioned to approve the August 24 and September 7, 2006, minutes as presented. Councilmember Kirkham seconded. Roll call vote: Councilmember Waite - Yes, Councilmember Kirkham - Yes, Councilmember Bean - Yes, Councilmember Thompson - abstained due to absence 8/24 - Yes 9/7/2006. The motion carried Items From the Mayor: Appointment ofPlumbinl!lMechanical Board of Appeals: Building Department Staff have recommended the appointment of Justin Judy for a five year term; Newel Goldsberry for a four year term; Warren Wyatt, for a three year term; Ted Sermon for a 2 year two year term; and, Lamar Haywood for a one year term. Councilmember Kirkham motioned to appoint the Plumbing and Mechanical Board of Appeals as recommended by the Building Department staff. Councilmember Waite seconded. Roll call vote: Councilmember Kirkham - Yes, Councilmember Waite - Yes, Councilmember Bean - Yes, Councilmember Thompson - Yes. The motion carried. Consent Al!enda: None PUBLIC HEARINGS: None PUBLIC COMMENT -ITEMS NOT ON AGENDA: None ACTION ITEMS: Ratliff Waterline Participation: City Planning Director Ron Folsom reported the history of negotiations with Mr. Ratliff regarding participation in the John Adams/Ammon Road/17th Street water line. Mr. Ratliff contacted City Staff and indicated that he feels the amount previously requested by the City is excessive. Gary Ratliff, Pocatello, addressed the Council. He feels that what has been requested by the City is excessive. He indicated he is prepared to write a check for his portion but does not want to pay the full amount. City Planning Director Ron Folsom reported that the Amended Annexation was never signed. The original Annexation Agreement requires current front footage fees. The Council discussed Mr. Ratliff's circumstance. The legally billable amount under City Code and recorded Annexation Agreement is a total of $47, 130 for the entire development. Councilmember Bean motioned to assess Mr. Ratliff $47, 130.00 for the Total Water Line Frontage Fee for his Development. Councilmember Thompson seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Thompson - Yes, Councilmember Kirkham - Yes, Councilmember Waite - Yes. The motion carried. City Council Minutes 09/21/2006 -- 1 Cottal!es Street Repairs Update George McDaniels - Chip seal was scheduled for this week but due to the weather it has been reschedule for the coming week. The Council asked City Engineer Bill Manwill why there is standing water in some of the French drains. Mr. Manwill explained how the drains that where put in and, that they act as water storage until the water can percolate through the soil. Jerry Sinkovec, 5045 Brennan Bend, addressed the Council. Mr. Sinkovec accused the Council of using dark-age technology that is endangering citizens. Mr. Sinkovec is convinced that the drainage problems will exacerbate the spread of West Nile virus. He was advised that mosquito abatement programs are general operated at the County level. Brook Magelby, 5360 Lindee Lane, addressed the Council and those residents of the Cottages that were present. She encouraged the residents to put in their swales. The Council reiterated the requirements and enforcement as discussed at the last Council meeting. Hawkes Holdinl!s Annexation and Initial RP Zoninl!: City Planning Director presented slides of the property and location. The property is located south of Sunnyside, portion of which is north of a portion of the Founders' Point Addition to the City and, a portion of which is south of that addition. Public Hearing was held before the Planning and Zoning Commission on September 6, 2006. Jeff Hawkes, representing Hawkes Landing and Bob Springmeyer, Market Analyst, presented their request for annexation and initial zoning. City Planning Director Ron Folsom reported that Planning and Zoning Commission recommend approval of the annexation and zoning as presented. The City Council discussed the request. Items of concern were lack of a master plan for the sewer to service the area, future improvements to Sunnyside and, the cost of pumping water up the hill per home. Planning and Zoning Member Tom Hunsaker reported that the Commission felt that it would be in the City's best interest to approve the annexation at this time. Greg Nebeker, (quail ridge), addressed the Council. He urged that the Council consider the pace of development. He feels that the City is not prepared to absorb the growth that has been occurring. Kim Johnson, 6195 E Sunnyside Road, testified that he feels the annexation of the property is not a problem. He is opposed to the concentration of homes it} the planned unit development described at the planning and zoning meeting. Councilmember Thompson motioned to table the Hawkes Holdings annexation and initial zoning and consideration of the planned unit development until such time as the sewer plan is drafted and annexation agreement terms settled. Councilmember Kirkham seconded. Roll call vote: Councilmember Thompson - Yes, Councilmember Kirkham - Yes, Councilmember Bean - Yes, Councilmember Waite - Yes. The motion carried. Hawkes LandinI! Planned Unit Development: Tabled by the foregoing motion. Bridl!ewater Rezone RI-A to RP A and PRA to RI-A - Ordinance #404: City Planning Director presented slides of the property and location. The property is located in the Bridgewater Addition to the City, approximately 25 acres requested to be rezoned from Rl-A to RP-A in the north section of the addition and 14 acres from RP-A to RI- A in the eastern central portion of the addition. Tom Hunsaker reported on Planning and Zonings discussion. It is his feeling that it would be better to approve the rezone(s) as requested as it will minimize the number of driveways on the streets surrounding the school. He also feels that Rl-A in the area requested, with proximity to the park and walking path, will attract retirees. Alan Cunningham, 1020 Lincoln Road, of Mountain River Engineering, presented the request for the developer. The Council discussed the request. Councilmember Kirkham motioned to approve the Bridgewater Rezone request as presented. Councilmember Waite seconded. Roll call vote: Councilmember Kirkham - Yes, Councilmember Waite - Yes, Councilmember Bean - Yes, Councilmember Thompson - Yes. The motion carried. Councilmember Waite read Ordinance #404 AN ORDINANCE TO AMEND THE ZONING CLASSIFICATION AND THE ZONING MAP 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. (Rezoning of a portion of Bridgewater Subdivision) 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 Kirkham seconded. Roll call vote: Councilmember Waite - Yes, Councilmember Kirkham - Yes, Councilmember Bean - Yes, Councilmember Thompson - Yes. The motion carried. City Council Minutes 09/21/2006 -- 2 Councilmember Waite read Ordinance #404 AN ORDINANCE TO AMEND THE ZONING CLASSIFICATION AND THE ZONING MAP FOR CERTAIN LANDS LOCATED WITHIN THE CITY OF AMMON; P ARTICULARL Y DESCRIBING SAID LANDS AND DECLARING THE CLASSIFICATION OF ZONING FOR EACH SUCH PARCEL OF LAND; PROVIDING FOR AN EFFECTIVE DATE. (Rezoning of a portion of Bridgewater Subdivision) by title and motioned that City Council adopt Ordinance #404 as an ordinance ofthe City of Ammon on its third and fmal reading. Councilmember Bean seconded. Roll call vote: Councilmember Waite - Yes, Councilmember Bean- Yes, Councilmember Thompson - Yes, Councilmember Kirkham - Yes. The motion carried. Cobblestone Rezone C-l to R3-A: Removed from the agenda and continued by developer. Ricks Farm Rezone C-l to HC-l: R-l to HC-l and R-l to R3-A - Ordinance #405: City Planning Director presented slides of the property and location. The property is located north of Sunnyside, east of Eagle Drive and west of Hillcrest High School. The requested rezones from R-1 to HC-1 and R-1 to R3-A cleans up some split zone issues. Tom Hunsaker reported on the uses allowed in the HC-1 and reported that the Planning and Zoning Commission recommend approval of the requested rezone. The Council discussed the requested rezones. Councilmember Bean motioned to approve the Ricks Farm Rezone as presented. Councilmember Kirkham seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Kirkham - Yes, Councilmember Thompson - Yes, Councilmember Waite - Yes. The motion carried. Councilmember Bean read Ordinance #405 AN ORDINANCE TO AMEND THE ZONING CLASSIFICATION AND THE ZONING MAP 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. (Rezoning of a portion of Ricks Farm Subdivision) 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 Kirkham seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Kirkham - Yes, Councilmember Thompson - Yes, Councilmember Waite - Yes. The motion carried. Bean - read ordinance #405 AN ORDINANCE TO AMEND THE ZONING CLASSIFICATION AND THE ZONING MAP 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. (Rezoning of a portion of Ricks Farm Subdivision)by title and motioned that City Council adopt Ordinance #403 as an ordinance of the City of Ammon on its third and final reading. Councilmember Kirkham seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Kirkham - Yes, Councilmember Thompson - Yes, Councilmember Waite - Yes. The motion carried. 17th Street Planned Transition Re-Development Plan: City Planning Director Ron Folsom explained each ofthe items in the draft plan as recommended by Planning and Zoning. Councilmember Waite motioned to approve 17th Street Re-development Plan as presented. Councilmember Thompson seconded. Roll call vote: Councilmember Waite - Yes, Councilmember Thompson - Yes, Councilmember Kirkham - Yes, Councilmember Bean - Yes. The motion carried. Grow Idaho Falls Inc. FundiDi! Request: The Council discussed the request. There is $1,000 budgeted and the organization is requesting $4,000. Staff was instructed to respond that the City will pay the $1,000 budgeted. The organization needs to present their request during the budgeting process and provide the Council with information on how contribution to the organization will benefit the City. Approve Staff Floatinl! Holidav: City Administrator Bruce Rose requested the Council approve the floating holiday for city staff to be the day after Thanksgiving. The date was approved by Council consensus. DISCUSSION ITEMS: Dips in Roads: Mayor Ard reported that he has been discussing traffic calming with a former Rexburg Councilmember. Something that the City of Rex burg has done is: when contractors make cuts in asphalt the City requires a wider pavement cut and the replacement be installed as a traffic calming dip. Mayor Ard feels that considering the number of complaints regarding speeding in residential neighborhoods, this practice should be considered by the Council. City Council Minutes 09/21/2006 -- 3 FY 2007 Capital Proiects Expenditures: City Administrator Bruce Rose asked the Council for approval to proceed with the City Hall parking lot project. An estimate of$10,600 has been received from L.N. Johnson Paving of seal & striping. Lighting would be contracted separately and staff has estimated it will cost approximately $10,000. Total cost for will be approximately $21,000.00 for the project. H-K Contractors and TMC were also contacted for estimates, both indicated the do not have time for the project this fall. Staff was directed to proceed with the project... City Administrator Bruce Rose also asked for Council approval to contract with L.N. Johnson to provide a compacted gravel drive into the Sunnyside Property. The estimate provided is approximately $14,000 00. The Council discussed the request. Staffwas requested to provide more bids on future projects and capital purchases. Mayor Ard asked the Council to provide input on what type of vehicles they wanted him to look at for the vehicles to be purchased during fiscal year 2007. The Mayor will look for two 0/4 ton four wheel drive pickups. Miscellaneous: Staffwas instructed to publish for adjustment of frontage fees. In conjunction with the publication and hearing Ron Folsom suggested that the fee for prepayment of annexation cost(s) for properties outside ofthe City requesting connection to City services might be included in the in the fee hearing process. Councilmember Kirkham motioned to adjourn to executive session for personnel. Councilmember Bean seconded. All in favor, the motion carried. The meeting adjourned at 11 :35 p.m. ~ ( J,L'dtlf!-F)h- Leslie E lsom, Acting City Clerk City Council Minutes 09/21/2006 -- 4