02152007CouncilMinutesCITY OF AMMON
CITY COUNCIL MINUTES
THURSDAY, FEBRUARY 15, 2007
AGENDA:
CITY OF AMMON
2135 SOUTH AMMON ROAD
CITY COUNCIL
AMENDED AGENDA
THURSDAY, February 15, 2007
CALL TO ORDER:
Mayor Bruce Ard at 7:30 p.m.
Pledge of Allegiance – Councilmember Kirkham
Prayer – Councilmember Thompson
MINUTES:
January 18, February 1, and February 8
ITEMS FROM MAYOR:
1.Regional Wastewater Project Update
2.Water System Project Engineering and Consulting RFP’s
CONSENT AGENDA:
Attached
PUBLIC HEARINGS:
None
PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA:
ACTION ITEMS:
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1.Annexation w/initial R-1 Zoning and Conditional Use Permit to allow Church in R-1 Zone, LDS Church 17 Street
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2.Preliminary and Final Plat, 17 St. Church Subdivision #1
3.Conditional Use Permit in RP-A Zone, School District 93
4.Final Plat, Bridgewater Division #2
5.Site Plan, District 93, School Bridgewater
6.Rezone from I&M-1 to CC-1 and Ordinance 426 - Trellis Square
7.Site Plan, Teton Spectrum
8.Comprehensive Plan Map Change Request, Low Density Residential to Commercial Designation – Hawks Landing
9.Conditional Use Permit for Hawks Landing PUD
10.Rezone Request Hawks Landing, RP to HC-1, R-1, R1-A and RP-A
11.Final Approval Master Plan Hawks Landing PUD
12.Preliminary Plat, Hawks Landing Division 1
13.Acceptance of White Pines/Suitter Family Park Property
14.Resolution 2007-005 Amending Beer, Wine and Liquor License Fees
DISCUSSION ITEMS:
1.Baseball Fields
2.Misc.
EXECUTIVE SESSION:
1.Potential Litigation
MINUTES
The meeting was called to order by Councilmember Bean at 7:30 p.m. in the City Building, 2135 South Ammon
Road, Ammon, Idaho, with the following City Officials present:
City Officials Present:
Council President Lee Bean
Councilmember Dana Kirkham
Councilmember Rex Thompson
Councilmember Randy Waite
City Planning Director Ron Folsom
City Engineer Bill Manwill
City Administrator Bruce Rose
City Attorney Scott Hall
City Clerk Leslie Folsom
City Council Minutes 2/15/2007 -- 1
City Officials Absent:
Mayor Bruce Ard
Councilmember Kirkham led the Pledge of Allegiance to the Flag and Councilmember Thompson offered
the prayer.
MINUTES January 18, February 1, and February 8, 2007:
Councilmember Kirkham stated there was a problem
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on the January 18 minutes on page 2, under Items from the Mayor. It should read “Quinn” Simmons, not Clint
Simmons. Councilmember Kirkham motioned to approve the minutes from January 18, February 1 and February 8,
2007 with the correction on page 2. Councilmember Waite seconded. Roll call vote: Councilmember Kirkham –
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Yes, Councilmember Waite – Yes, Councilmember Thompson – Yes to January 18 and February 1, abstained from
February 8, 2007 due to absence, Councilmember Bean – Yes. The motion passed.
ITEMS FROM MAYOR:
1. Regional Wastewater Project Update:
Dave Noell, 1865 Ross with Scheiss and Assoc. gave an update on the
Eastern Idaho Regional Wastewater Project. There was a pre-selection on the major equipment process that turned
out very well. They saved about $1.7 million by choosing the low bid. The de-watering facility has a couple of
options. They are in 30-60% design phase. They have already turned in the 30% design. They anticipate turning
the 60% design by the end of March. He presented a quick overview of the process and overall site design.
2. Water System Project Engineering and Consulting RFP’s:
Councilmember Bean explained the request for
proposals concerning Administrative Services and Engineering Services on the City’s Water System Improvement.
Councilmember Bean stated that Bill Manwill recommended a change on the Engineering RFP, Item 2 to add
experience with Water Booster Stations and storage tanks. Councilmember Kirkham motioned to approve the Water
System Project Engineering and Consulting RFP’s with the recommended change on item 2 on the Engineering RFP
to experience with water system storage tanks. Councilmember Waite seconded. Roll call vote: Councilmember
Kirkham – Yes, Councilmember Waite – Yes, Councilmember Thompson – Yes, and Councilmember Bean – Yes.
The motion passed.
CONSENT AGENDA
:
CITY OF AMMON
AMENDED CONSENT AGENDA
Thursday February 15, 2007
License applications are pending in the City Office for the following:
GENERAL BUSINESS LICENSE 2007:
1.NEWGENERAL BUSINESS LICENSE APPLICATION:
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A.Rocknaks Hardware Plus, Inc., 1520 S. 25 E.
2.RENEWALBUSINESS LICENSE APPLICATION:
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A.Sportsman’s Warehouse, 2909 S. 25 E.
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B.Circuit City, 1951 S. 25 E.
HOME OCCUPATION PERMITS 2007:
1.RENEWAL HOME OCCUPATION PERMITS:
A.Baker, Cathy – Ammon Cuts - 3705 S. Ross
B.Bishop, David – DWB Spyglass PA – 3042 Oakwood Circle
Councilmember Waite motioned to approve the Amended Consent Agenda for Thursday, February 15,
2007. Councilmember Kirkham seconded. Roll call vote: Councilmember Waite – Yes, Councilmember Kirkham
– Yes, Councilmember Bean – Yes, and Councilmember Thompson – Yes. The motion passed.
PUBLIC HEARINGS:
None
PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA:
None
ACTION ITEMS
: Councilmember Bean requested that we move Items 8, 9, 10, 11, and 12 to the top of the list.
This is due to opposition regarding the Hawks Landing and a presentation that would like to be made.
City Council Minutes 2/15/2007 -- 2
Councilmember Bean asked City Attorney Scott Hall if we need to take the new information to hearing or if it can
be heard tonight. Scott Hall stated it depends if there is opposition to it.
Brent Kennedy, 2335 S Ptarigan Way, stated the information has not been presented to the Council or
Planning and Zoning before. Councilmember Bean suggested we take this directly to hearing rather than introduce
it as testimony this evening. Councilmember Kirkham stated she had had a prior conversation with Mr. Kennedy
and did make documentation of the presentation. Scott Hall recommended referring the constituents to Mr. Folsom
for any questions the citizens may have.
Jeff Hawkes, Hawks Landing, stated they are not concerned about any information that is brought forward.
He realizes there is a lot of opposition and would like to know where they stand. He understood there was a 5-0
vote on the Preliminary Plan and were okay to move ahead. They have moved ahead with engineering, landscape
architect, and community architect. The delay would cost them. With the approvals made to this point, he feels the
only things in question are the Master Plan and the zoning. They have already platted their entire development. If
he has misunderstood what has been approved, he would like to know from the Council. They have done everything
the City has asked and would like to continue the partnership with the City. He stated Mr. Kennedy has not spoken
prior to this meeting and wonders why he has waited until now.
Councilmember Bean gave a recap of the events on the Hawks Landing Project.
9-6-06 P&Z Public Hearing: After discussion mostly on density the P&Z Commission
recommended denial of the project.
9-21-06 Council Meeting: Annexation was tabled at City Council, which in turn, tabled the
PUD discussion. Suggestion to take the development to work session for discussion
on services and PUD items.
10-12-06 Council Work Session: Several residents voiced concern on the density of the
development. An acceptable density of two units per acre was discussed with
Councilmember Waite stating he could live with 2.5 units per acre.
11-16-06 Council Meeting: Hawks officials made the presentation of the preliminary plan
with the recommended changes addressed.
2-7-07 P&Z Meeting: Public hearing requesting the items listed below approved.
1. Comprehensive plan change to allow commercial.
2. Final approval of the CUP for a PUD overlay.
3. Recommendation on the rezone requests.
4. Final approval of the PUD master plan.
He opened it up for discussion within the Council. Councilmember Thompson inquired about the actual acreage of
the commercial property. Jeff Hawks stated part of it was the net acreage. When the roads, right of ways, etc. are
taken into account it is 10.8 acres, however, it is only 6.8 of usable net acreage. Council discussed the option of
having another Public Hearing. Councilmember Kirkham suggested a Public Hearing for March 8, 2007. Planning
Director Ron Folsom stated he needs to have a 3 week notice for the Post Register. Councilmember Kirkham stated
she anticipates a heated discussion and would like to make it a special session. It was suggested to have the meeting
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on March 15 and limit testimony time. Councilmember Kirkham motioned to schedule a Public Hearing for
Hawks Landing on March 15, 2007 at 6:00 pm to go the duration until 7:30 pm, limiting the testimony to 30 minutes
on each side. This will allow normal council session to start at 7:45 pm. Councilmember Thompson seconded.
Roll call vote: Councilmember Kirkham – Yes, Councilmember Thompson – Yes, Councilmember Waite – Yes,
and Councilmember Bean – Yes. The motion passed.
Councilmember Bean stated this will be published on March 1 and March 8, 2007. Written and electronic
testimony has to be received by Mr. Folsom no later than March 12, 2007. Councilmember Bean let the public
know they will not have time to present a power point presentation; however, it could be printed out and given to the
Council and requesting public for review prior to the Public Hearing.
Councilmember Bean stated to the public that they cannot call the Council or anyone on this matter. They
need to remain neutral, so they will be referred to Mr. Folsom if they call on this subject.
1. Annexation w/initial R-1 Zoning and Conditional Use Permit to allow Church in R-1 Zone, LDS Church
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17 Street:
Planning Director Ron Folsom explained where the property is located. Tom Hunsaker gave Planning
and Zoning recommendations. Council discussed developer requirements for this property. Councilmember
Thompson motioned to annex the Robinson property 5.2 acres to the section line with initial zone of R-1 and the
following conditions:
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1) There is a 50 foot right of way for 17 Street,
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2) Development will pay for curb, gutter, road improvements 2 ½ lanes from center line, with 17 Street
escrow funds at time of final plat. The amount of the escrow would be determined by having three estimates done
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by acceptable contractors and using those estimates in determining the amount to be placed in the 17 Street
Improvement fund.
City Council Minutes 2/15/2007 -- 3
Councilmember Waite seconded. Roll call vote: Councilmember Thompson – Yes, Councilmember Waite
– Yes, Councilmember Kirkham – Yes, and Councilmember Bean – Yes. The motion passed.
Councilmember Thompson motioned to approve the conditional use permit for the Robinson property that
has just been annexed. Councilmember Waite seconded. Roll call vote: Councilmember Thompson – Yes,
Councilmember Waite – Yes, Councilmember Kirkham – Yes, and Councilmember Bean – Yes. The motion
passed.
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2. Preliminary and Final Plat, 17 St. Church Subdivision #1:
Councilmember Thompson inquired about the
access from across the street and if it needs to line up. It was decided it would be discussed later. Councilmember
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Waite motioned to approve the Preliminary and Final Plat for the 17 Street Church Subdivision #1.
Councilmember Kirkham seconded. Roll call vote: Councilmember Waite – Yes, Councilmember Kirkham – Yes,
Councilmember Thompson – Yes, and Councilmember Bean – Yes. The motion passed.
Scott Nielson, 980 John Adams Parkway, inquired about the escrow funds and timing on the construction.
Councilmember Bean said that’s why they are escrowed so we will proceed with the road when the time is right.
3. Conditional Use Permit in RP-A Zone, School District 93:
Planning Director Ron Folsom explained where
the property is located. Councilmember Thompson inquired about a traffic study on this property. Ron Folsom
stated there is one ordered, but it is not in yet. Tom Hunsaker, Planning and Zoning, stated that Planning and
Zoning recommended that Section 15 needs to be bussed. Councilmember Waite motioned to approve the
Conditional Use Permit in RP-A Zone for School District 93 with the same conditions as Planning & Zoning
recommended; that outside section 15 gets bussed. Councilmember Kirkham seconded. Roll call vote:
Councilmember Waite – Yes, Councilmember Kirkham – Yes, Councilmember Thompson – Yes, and
Councilmember Bean – Yes. The motion passed.
4. Final Plat, Bridgewater Division #2:
Alan Cunningham explained the Final Plat to the Council. The access
points were discussed. Councilmember Bean suggested putting in five lanes all the way to the corner with a
dedicated left-hand turn lane. Bill Manwill indicated there is enough room for four lanes. Councilmember Bean
stated we only own to the center of the road. Councilmember Kirkham inquired when the traffic study is supposed
to be done. Roger Hill stated it would be about 3 weeks. Councilmember Bean inquired why this has to be
approved tonight since he would like to wait for the traffic study. Roger stated that they need to have these
approved for their bid purposes. They will have a development agreement at a later time. Councilmember Bean told
Roger they need to give the Council more time on these issues. Alan Cunningham explained the actions that led to
this point. He explained they tried to move the school back from the arterial because of the City’s concerns. He
feels they have tried to make a compromise on this. They are trying to get the schools up and running and trying to
alleviate some of the stress by getting these approved. Councilmember Kirkham inquired to Councilmember Bean if
he feels we should approve this. Councilmember Bean stated he thinks we should be able to wait till the traffic
study comes in. Roger stated he would really like to get this done so the bid can go through and get the school up
and going. He thought when they came in with the developer during the summer that is was a heads up to them that
they were planning on building on this property. They would like to have the kids in by 2008. It usually takes 12-
14 months to get it built. Councilmember Kirkham motioned to approve the Final Plat for Bridgewater Division #2
with the following condition:
1) The District complies with the City requirements based on the traffic study.
Councilmember Thompson seconded. Roll call vote: Councilmember Kirkham – Yes, Councilmember Thompson
– Yes, Councilmember Waite – Abstain, and Councilmember Bean –Yes. The motion passed.
5. Site Plan, District 93, School Bridgewater:
Councilmember Kirkham motioned to approve the Site Plan for
District 93 for the Bridgewater School with the following condition:
1) The District complies with the City requirements based on the traffic study.
Councilmember Thompson seconded. Roll call vote: Councilmember Kirkham – Yes, Councilmember Thompson
– Yes, Councilmember Waite – Abstain, and Councilmember Bean –Yes. The motion passed.
6. Rezone from I&M-1 to CC-1 and Ordinance 426 – Trellis Square:
Planning Director Ron Folsom explained
where the property is located. Councilmember Kirkham motioned to approve the Rezone from I&M-1 to CC-1 for
Trellis Square. Councilmember Waite seconded. Roll call vote: Councilmember Kirkham – Yes, Councilmember
Waite – yes, Councilmember Thompson – Yes, and Councilmember Bean – Yes. The motion passed.
Councilmember Waite read Ordinance #426,
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
by title and motioned that the City Council dispense with the rule requiring the reading
EFFECTIVE DATE (Trellis Square)
of the ordinance on three different days and the three readings be waived. Councilmember Thompson seconded.
City Council Minutes 2/15/2007 -- 4
Roll call vote: Councilmember Waite –Yes, Councilmember Thompson – Yes, Councilmember Kirkham – Yes,
and Councilmember Bean – Yes. The motion passed.
Councilmember Waite read Ordinance #426,
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
by title and motioned that the City Council adopt Ordinance #426 as an ordinance of
EFFECTIVE DATE (Trellis Square)
the City of Ammon on this third and final reading. Councilmember Thompson seconded. Roll call vote:
Councilmember Waite –Yes, Councilmember Thompson – Yes, Councilmember Kirkham – Yes, and
Councilmember Bean – Yes. The motion passed.
7. Site Plan, Teton Spectrum:
Planning Director Ron Folsom explained where the property is located.
Councilmember Bean inquired to Ron Folsom what our parking requirements were. Ron Folsom explained the
property is about 33,000 square feet and there are current and future building sites. As far as parking is concerned,
they need about 179 parking spaces and they have 230 parking spaces. Councilmember Kirkham motioned to
approve the Site Plan for Teton Spectrum. Councilmember Waite seconded. Roll call vote: Councilmember
Kirkham – Yes, Councilmember Waite – yes, Councilmember Thompson – Yes, and Councilmember Bean – Yes.
The motion passed.
13. Acceptance of White Pines/Suitter Family Park Property:
Councilmember Bean stated there is a restriction
on the warranty deed regarding the name of the property. He read the terms and conditions. He inquired if we need
something written in terms of an agreement or will the warranty deed satisfy all issues. Scott Hall said the warranty
deed would be enough. Councilmember Bean motioned to accept the White Pines/Suitter Family Park Property.
Councilmember Kirkham seconded. Roll call vote: Councilmember Bean – Yes, Councilmember Kirkham – Yes,
Councilmember Thompson – Yes, and Councilmember Waite – Yes. The motion passed.
14. Resolution 2007-005 Amending Beer, Wine, and Liquor License Fees:
Planning Director Ron Folsom
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explained he spoke to the State regarding fees and our liquor fees need to be adjusted retroactive to January 1,
2007. Councilmember Waite motioned to approve Resolution 2007-005 Amending Beer, Wine, and Liquor License
Fees. Councilmember Kirkham seconded. Roll call vote: Councilmember Waite – Yes, Councilmember Kirkham
– Yes, Councilmember Thompson – Yes, and Councilmember Bean – Yes. The motion passed.
DISCUSSION ITEMS
:
1. Baseball Fields:
Councilmember Thompson reviewed Petersen Park with Ken and brainstormed solutions. Ken
feels that he can do a temporary fix for $2000.00. He will put a pole on each side and put a cable across with netting
– it should last a few years. The original thought was to replace the whole thing for $10,000. Councilmember
Kirkham will check with her party and see if they will donate this fee.
2. Misc.:
Leslie Folsom explained houses that are not being billed. The solution that we are putting into effect –
resolution states that upon certificate of occupancy the rates will go into effect. Charlie Allen, building department,
upon final inspection will issue the certificate of occupancy and then we will charge the developer or individual.
Old Ammon or areas that cannot be shut off will not be shut off until we have to have a new person signed up. We
will be sending letters for the houses not signed up and they have to bring in certificate of occupancy or purchase
date of the home and we will back bill. Those who don’t come in will be shut off. There are areas that we have
errors on – we will be sending refunds or back billing which ever is needed. Councilmember Bean asked if we will
be able to keep on top of all these corrections. Leslie said they will do their best. Council instructed to just go
forward and make the corrections to the account but don’t worry about the back billings.
Councilmember Bean adjourned the meeting at 10:10 pm to executive session for threat of litigation.
Councilmember Thompson seconded. Roll Call Vote: Councilmember Bean – Yes, Councilmember Thompson -
Yes, Councilmember Waite – Yes, and Councilmember Kirkham – Yes. The motion passed.
__________________________________________
C. Bruce Ard, Mayor
______________________________________
Leslie Folsom, City Clerk
City Council Minutes 2/15/2007 -- 5