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Council Minutes 08/03/2006 CITY OF AMMON CITY COUNCIL MINUTES THURSDAY AUGUST 3, 2006 The meeting was called to order by Council President Bean at 7:30 p.m. in the City Building, 1135 South Ammon Road, Ammon, Idaho, with the following City Officials present: Councilmember Lee Bean Councilmember Randy Waite Councilmember Dana Kirkham City Planning Director Ron Folsom City Administrator Bruce Rose City Attorney Scott Hall City Engineer Bill Manwill City Clerk/Treasurer Diane Gempler City Officials Absent: Mayor C. Bruce Ard Councilmember Rex Thompson Councilmember Kirkham led the Plede:e of AIIee:iance to the Flae: and, Councilmember Waite offered a prayer. Minutes June 21. 2006. Julv 6. 2006 and Julv 20. 2006: Councilmember Waite motioned to approve the City Council Minutes from June 21,2006, July 6, 2006 and July 20,2006. Councilmember Kirkham seconded. Roll call vote: Councilmember Waite - Yes, Councilmember Kirkham - Yes, Councilmember Bean - Yes. The motion carried. Items From the Mavor: None Consent Ae:enda: Councilmember Waite motioned to approve the Consent Agenda as presented. Councilmember Kirkham seconded. Roll call vote: Councilmember Waite - Yes, Councilmember Kirkham - Yes, Councilmember Bean - Yes. The motion carried. PUBLIC HEARINGS: Council President Bean explained the hearing process. Fiscal Year 2006-2007 Proposed Bude:et: Council President Bean called the hearing to order. There were not any citizen's desiring to testify regarding the proposed budget. Mr. Bean closeq the hearing. The Council discussed and verified the proposed budget. Councilmember Kirkham motioned to approve the Fiscal Year 2006-2007 Budget as present. Councilmember Waite seconded. Roll call vote: Councilmember Kirkham - Yes, Councilmember Waite - Yes, Councilmember Bean - Yes. The motion carried. Vacation of Street Rie:ht-of-Wavs -Cottonwood Hills Estates: Councilmember Bean informed the audience that due to correspondence received during the past week, City Attorney Scott Hall has recommended that the hearing be postponed until potential legal issues are addressed. Charles Homer, 1000 Riverwalk Drive, Suite 200, Idaho Falls, an attorney representing the developer, requested that the hearing be held with action delayed until the City Attorney's concerns are resolved. City Attorney Scott Hall reiterated his concern that written testimony submitted by a property owner threatens litigation and that any action at this time would be ill advised. Council President Bean recommended that an executive session be held following the Cottages Update to discuss the legal issue with consideration of holding the public hearing to follow. PUBLIC COMMENT -ITEMS NOT ON AGENDA: None ACTION ITEMS: Cottae:es Update/Deadline ReviewsIBond Status: City Engineer Bill Manwill reported that he and Rick Williams had reviewed the cottages work completed to date. Mr. Manwill indicated that there are 56 items that have yet to be addressed from the original punch list. The work left to be done consists of low spots; cracks the in roadway; dips in City Council Minutes 08/03/2006 -- 1 driveways and sidewalks; and, overlay will be needed to correct some ofthe problems. There are still two drains that need to have sod laid around them. Two additional items have developed since the punch list was created. Curtis Chaves, 5051 Tildy Lane stated he has spoken with Darren Teeter and George McDaniels as well as one of the inspectors. Mr. Chaves works as a trouble shooter for a large contracting group. He has looked at the sidewalks and they don't have dips, there is no soil underneath and the sidewalks have collapsed, which creates a safety issue. He feels the swales will not handle the volume of water that is proposed they will take. Mr. Chaves stated that putting the sprinkler system on 5 minutes 2 times a day will cause ponding. The standing water is creating mosquito problems. Mr. Chaves stated that the contractor has not cleaned up after theirs projects, creating a life-safety issue. It is his professional opinion that the streets are not being compacted appropriately that will create problems within a year. Executive Session: Councilmember Kirkham motioned to go into executive session to discuss threatened litigation. Councilmember Waite seconded. Roll call vote: Councilmember Kirkh&m - Yes, Councilmember Waite - Yes, Councilmember Bean - Yes. The Council adjourned from executive session. Councilmember Bean reported that following significant discussion in executive session, the council has decided to table the Public Hearing regarding the Vacation of Majestic View Drive. Councilmember Kirkham motioned to change the next regular session of the City Council from August 17 to August 24 to allow for publication of the public hearing. Councilmember Bean seconded. Roll call vote: Councilmember Kirkham - Yes, Councilmember Bean - Yes, Councilmember Waite - Yes. The motion carried. Councilmember Kirkham motioned to table the hearing considering the vacation of Majestic View Drive, Conditional Use Permit application, and development agreement with regard to Cottonwood Hills. Councilmember Waite seconded. Roll call vote: Councilmember Kirkham - Yes, Councilmember Waite - Yes, Councilmember Bean - Yes. The motion carried. Woodland Hills Division #6 Development Al!reemenf' City Planning Director Ron Folsom reported that the development agreement mirrors the original annexation agreement. Councilmember Waite motioned to approve the Woodland Hills Division #6 Development Agreement as presented. Councilmember Kirkham seconded. Roll call vote: Councilmember Waite - Yes, Councilmember Kirkham - Yes, Councilmember Bean - Yes. The motion carried. Ordinance #400 Woodland Hills Rezone: Councilmember Waite read Ordinance #400 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 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 Bean seconded. Roll call vote: Councilmember Waite - Yes, Councilmember Bean - Yes, Councilmember Kirkham - Yes. The motion carried. Councilmember Waite read Ordinance #400 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 by title and motioned that City Council adopt Ordinance #400 as an ordinance of the City of Ammon on its third and fmal reading. Councilmember Bean seconded. Roll call vote: Councilmember Waite - Yes, Councilmember Bean- Yes, Councilmember Kirkham - Yes. The motion carried. Hitt Road Waterline Proiect: Councilmember Bean reported on the status ofthe proposed project. As the Pearl House project has yet to mise sufficient funding to proceed with the project. He contacted Jeff Frieberg of Harper- Leavitt to request alternatives for the City's portion of the project. JeffFrieberg of Harper-Leavitt presehted the Council with alternative plans to get the well in and lines through the Rockwell property, through the county subdivision Suburban Acres to Township and, from Township to Ammon Road. City Administrator Bruce Rose asked the council to consider approving a time and materials contract with Harper-Leavitt; negotiate easements for the water lines, negotiate acquisition of the well property, authorize moving forward with design. City Council Minutes 08/03/2006 -- 2 Councilmember Waite motioned to direct staff to proceed with the acquisition of needed easement, acquisition ofthe well lot; and, preliminary design for the lines and well. Councilmember Bean seconded. Roll call vote: Councilmember Waite - Yes, Councilmember Bean - Yes, Counciltnember Kirkham - Yes. The motion ClIrnell Sewer Capacity Study: Councilmember Bean reported that IBSD has petitioned the City ofIdaho Falls to increase their service area by 912 acres. Considering increasing demands on the system Mr. Bean feels it may be time to do a thorough study of the capacity. City Engineer Bill Manwill reported that the existing lines should accommodate the increasing flows from the sewer district. Concern at this time is that the Mason Street Line is near capacity. Councilmember Kirkham left the meeting at 9:25 p.m. following consideration of all action items. DISCUSSION ITEMS: Miscellaneous: Fire Chief Stacy Hyde ilsked the Council for approval to have architectural design work completed for an addition to the fIre station. The Council discussed the request and directed Mr. Hyde to proceed and to consult with City Administrator Bruce Rose to ensure public works/purchasing requirements are met. Proposed Developer Bondine: Ordinance: The Council reviewed discussed the language proposed for the ordinance. Numerous revisions and further review of other cities' ordinances were suggested. Ron Folsom will integrate the revisions suggested and the Council will review the proposed language and changes at the next work session. Cottae:es Review" The Council discussed what action should be taken with respect to the repairs that have not been completed. The City Clerk/Treasurer was instructed to deposit the cashiers' check that was required as partial cash bond for the repairs. Counciltnember Waite motioned to adjourn to executive session to discuss personnel and legal issues. Counciltnember Bean seconded. All in favor, the motion carried. The meeting adjourned at 10:26 p.m. ~~ ' , ,'~ Vy-- W. Lee B , Coun, I President City Council Minutes 08/03/2006 -- 3