Council Minutes 11/16/2006CITY OF AMMON
CITY COUNCIL MINUTES
THURSDAY, NOVEMBER 16, 2006
AGENDA:
CITY OF AMMON
2135 SOUTH AMMON ROAD
CITY COUNCIL
AMENDED AGENDA
THURSDAY, November 16, 2006
CALL TO ORDER: Mayor Bruce Ard at 7:30 p.m.
1. Pledge of Allegiance – Councilmember Kirkham
2. Prayer – Councilmember Thompson
MINUTES: November 2, 2006
ITEMS FROM MAYOR: None
CONSENT AGENDA: See Attached
PUBLIC HEARINGS: None
PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA:
ACTION ITEMS:
1. Ordinance #411 Establishing Water System Improvement Bond Amount and Election Date
2. Resolution No. 2006-013 Approving Bond Council for Bond Election
3. Casa Hills Annexation, Initial Zoning, Annexation Agreement and Ordinance #410
4. Casa Hills Preliminary and Final Plat
5. Cortland Ridge Phase 2 Annexation, Initial Zoning, Annexation Agreement and Ordinance 412
6. Cortland Ridge Phase 2 Preliminary Plat
7. Grandview Estates Annexation and Initial Zoning
8. Grandview Estates Preliminary Plat
9. Hawkes Landing Annexation and Planned Unit Development Proposal
10. Authorization------Cottages Subdivision Drainage Proposals
11. Authorization------Purchase of Real Estate-Eagle Bridge Project
12. Records Retention Resolution No. 2006-010
DISCUSSION ITEMS:
1.
Six Person Council
2.
Water Metering----Schools and Churches
3.
Adoption of Engineering Standards
4.
Miscellaneous
MINUTES
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:
City Officials Present:
Mayor Bruce Ard
Councilmember Lee Bean
Councilmember Randy Waite
Councilmember Rex Thompson
Councilmember Dana Kirkham
City Planning Director Ron Folsom
City Administrator Bruce Rose
City Attorney Brian Tucker
Acting City Clerk Leslie Folsom
City Officials Absent:
City Engineer Bill Manwill
City Council Minutes 11/16/2006 -- 1
Pledge of Allegiance to the Flag
Councilmember Kirkham led the and, Councilmember Thompson offered
prayer
the .
MINUTES November 2, 2006:
Councilmember Bean motioned to approve the November 2, 2006 minutes as
presented. Randy Waite seconded. Roll call vote: Councilmember Bean – Yes, Councilmember Waite – Yes,
Councilmember Kirkham – Yes, Councilmember Thompson – Abstained due to his absence 11/2. The motion
carried.
ITEMS FROM MAYOR
: None
CONSENT AGENDA:
1. NEW BUSINESS LICENSE APPLICATION – 2006:
th
A. Walgreens, 3475 E. 17 St., Ammon, ID – Retail drug store
th
B. Merlins T.V., 2489 S. 25 E., Ammon, ID – Electronics Sales and Service
2. BUSINESS LICENSE APPLICATION – RENEWAL – 2006:
th
A. Sol Rio, 2635 S. 35 E., Ammon, ID – Restaurant (Ratified-NOT APPROVED)
3. NEW APPLICATION – MASSAGE LICENSES – 2006/2007:
th
A. Ryan Inskeep, 1819 E. 25 E., Ammon, ID
B. Sherry Bainbridge dba Emerald Healing, LLC., 1830 Heather Circle., Ammon, ID
Councilmember Bean inquired concerning the business application ratified not approved on Sol Rios. Leslie
Folsom, Acting City Clerk stated this was a previously issued license that payment had not been requested for and
we have now corrected this oversight. Councilmember Bean made the motion to approve the consent agenda
excluding item #3. Item #3 was being pulled since City Planning Director Ron Folsom had not approved the
locations. Councilmember Kirkham seconded. Roll call vote: Councilmember Bean – Yes, Councilmember
Kirkham – Yes, Councilmember Thompson – Yes, and Councilmember Waite – Yes. The motion carried.
PUBLIC HEARINGS:
None
PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA:
None
ACTION ITEMS
:
1. Ordinance #411 Establishing Water system Improvement Bond Amount and Election Date:
N ORDINANCE PROVIDING FOR THE
Councilmember Waite read Ordinance #411 A
CONSTRUCTION AND INSTALLATION OF IMPROVEMENTS TO THE DOMESTIC
WATER SYSTEM OF THE CITY OF AMMON, IDAHO; CALLING A SPECIAL
ELECTION FOR THE SUBMISSION TO THE QUALIFIED ELECTORS OF THE
CITY THE QUESTION OF INCURRING AN INDEBTEDNESS AND ISSUING WATER
REVENUE BONDS IN A PRINCIPAL AMOUNT NOT TO EXCEED $15,000,000 TO
PAY A PORTION OF THE COST THEREOF; ESTABLISHING THE DATE, TIME,
AND PLACES OF ELECTION; PROVIDING FOR PUBLIC NOTICE OF ELECTION;
PROVIDING FOR REGISTRATION OF VOTERS; PROVIDING FOR RELATED
MATTERS; AND PROVIDING 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, and Councilmember Thompson – Yes. The motion carried.
N ORDINANCE PROVIDING FOR THE
Councilmember Waite read ordinance #411 A
CONSTRUCTION AND INSTALLATION OF IMPROVEMENTS TO THE DOMESTIC
WATER SYSTEM OF THE CITY OF AMMON, IDAHO; CALLING A SPECIAL
ELECTION FOR THE SUBMISSION TO THE QUALIFIED ELECTORS OF THE
CITY THE QUESTION OF INCURRING AN INDEBTEDNESS AND ISSUING WATER
REVENUE BONDS IN A PRINCIPAL AMOUNT NOT TO EXCEED $15,000,000 TO
PAY A PORTION OF THE COST THEREOF; ESTABLISHING THE DATE, TIME,
AND PLACES OF ELECTION; PROVIDING FOR PUBLIC NOTICE OF ELECTION;
City Council Minutes 11/16/2006 -- 2
PROVIDING FOR REGISTRATION OF VOTERS; PROVIDING FOR RELATED
MATTERS; AND PROVIDING AN EFFECTIVE DATE
by title and motioned that City Council
adopt Ordinance #411 as an ordinance of the City of Ammon on its third and final reading. Councilmember Bean
seconded. Roll call vote: Councilmember Waite – Yes, Councilmember Bean – Yes, Councilmember Kirkham –
Yes, and Councilmember Thompson – Yes. The motion carried.
It was discussed that Moore, Smith, Buxton & Turcke wanted the title to be read three times. It was
N
determined to re-read the Ordinance to meet this need. Councilmember Waite read Ordinance #411 A
ORDINANCE PROVIDING FOR THE CONSTRUCTION AND INSTALLATION OF
IMPROVEMENTS TO THE DOMESTIC WATER SYSTEM OF THE CITY OF AMMON,
IDAHO; CALLING A SPECIAL ELECTION FOR THE SUBMISSION TO THE
QUALIFIED ELECTORS OF THE CITY THE QUESTION OF INCURRING AN
INDEBTEDNESS AND ISSUING WATER REVENUE BONDS IN A PRINCIPAL
AMOUNT NOT TO EXCEED $15,000,000 TO PAY A PORTION OF THE COST
THEREOF; ESTABLISHING THE DATE, TIME, AND PLACES OF ELECTION;
PROVIDING FOR PUBLIC NOTICE OF ELECTION; PROVIDING FOR
REGISTRATION OF VOTERS; PROVIDING FOR RELATED MATTERS; AND
PROVIDING AN EFFECTIVE DATE
by title and motioned that City Council adopt Ordinance #411 as
an ordinance of the City of Ammon on its third and final reading. Councilmember Bean seconded. Roll call vote:
Councilmember Waite – Yes, Councilmember Bean – Yes, Councilmember Kirkham – Yes, and Councilmember
Thompson – Yes. The motion carried.
2. Resolution No. 2006-013 Approving Bond Council for Bond Election:
Councilmember Bean made the
motion to approve Resolution #2006-013 appointing Moore, Smith, Buxton & Turcke as City of Ammon’s bond
council. Councilmember Waite seconded. Roll call vote: Councilmember Bean – Yes, Councilmember Waite –
Yes, Councilmember Thompson – Yes and Councilmember Kirkham – Yes. The motion passed.
3. Casa Hills Annexation, Initial zoning, Annexation Agreement and Ordinance #410:
Planning Director Ron
Folsom stated the property is East of Crowley Road and North of Majestic View Lane and West of Cottonwood
Hills Estate #3. The two 1 acre vacant lots are located directly across from Mason Dr. and that these properties had
dedicated 25 feet of easement for the flood channel at the back of their properties. There was no public input at
Planning & Zoning and was approved unanimously.
Alan Cunningham explained that the sewer and water run along the frontage of these properties.
Councilmember Thompson inquired on the road right-of-way. Alan stated that the owners have given 50 feet from
the centerline of Crowley road in the plat. Ron stated that Planning & Zoning recommended that the two lots have
only one shared access with an agreement. Ron presented a letter from Blair Stucki, one of the property owners,
objecting to having one access for the two lots. Alan explained that Planning & Zoning was concerned with two
accesses so close to Mason.
Robert Skinner, 3832 Summer Circle owns the north lot. Currently, there is a big row of 100 year old trees
– the cost is approx. $3000 to take down one tree. He put in a culvert north of Mason and has a driveway – a
different driveway will require the removal of two trees. The other owner is not interested in completing the
paperwork, if they have to combine to put one driveway in. One access will entail paperwork stating someone has
to worry about snow and maintenance of the access. Councilmember Thompson mentioned that at one point, this
road will probably look like Sunnyside. It’s to be 5 lanes wide and designed to be a belt loop of this area. We want
to limit accesses onto the big roads. Councilmember Kirkham stated that it’s been an issue on Sunnyside. Idaho
Falls had to put up retention walls which have been more expensive to Idaho Falls. We have to look at what the
road will look like in 20 years. Robert asked for consideration of the added expense to do this but that he
understands our side too. Councilmember Thompson explained that you need to be straight across from a street or
quite a ways away from it. Councilmember Kirkham made the motion to approve the Casa Hills annexation, initial
zoning and annexation agreement with the 50 feet easement added on the front of the property. Councilmember
Waite seconded. Councilmember Kirkham – Yes, Councilmember Waite – Yes, Councilmember Thompson – Yes
and Councilmember Bean – Yes. The motion carried.
Councilmember Thompson read Ordinance #410 AN ORDINANCE ANNEXING CERTAIN LANDS TO
THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO; DESCRIBING WITH PARTICULARITY SAID
LANDS TO BE ANNEXED AND HEREBY ANNEXED AND DECLARING SAID LANDS A PART OF THE
CITY OF AMMON, BONNEVILLE COUNTY, IDAHO; DETERMINING THE PROPER ZONING FOR
CLASSIFICATION OF THE ANNEXED LANDS AND TERRITORY UNDER THE ZONING ORDINANCE OF
THE CITY OF AMMON, IDAHO; PROVIDING FOR AN EFFECTIVE DATE FOR THIS ORDINANCE AND
OF THE ANNEXATION OF SAID LANDS. (Casa Hills) by title and motioned that City Council dispense with the
City Council Minutes 11/16/2006 -- 3
rule requiring the reading of the ordinance on three different days and that the three readings be waived.
Councilmember Waite seconded. Roll call vote: Councilmember Thompson – Yes, Councilmember Waite – Yes,
Councilmember Bean – Yes, and Councilmember Kirkham – Yes. The motion carried.
Councilmember Thompson read Ordinance #410 AN ORDINANCE ANNEXING CERTAIN LANDS TO
THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO; DESCRIBING WITH PARTICULARITY SAID
LANDS TO BE ANNEXED AND HEREBY ANNEXED AND DECLARING SAID LANDS A PART OF THE
CITY OF AMMON, BONNEVILLE COUNTY, IDAHO; DETERMINING THE PROPER ZONING FOR
CLASSIFICATION OF THE ANNEXED LANDS AND TERRITORY UNDER THE ZONING ORDINANCE OF
THE CITY OF AMMON, IDAHO; PROVIDING FOR AN EFFECTIVE DATE FOR THIS ORDINANCE AND
OF THE ANNEXATION OF SAID LANDS. (Casa Hills) by title and motioned that City Council adopt Ordinance
#410 as an ordinance of the City of Ammon on its third and final reading. Councilmember Waite seconded. Roll
call vote: Councilmember Thompson – Yes, Councilmember Waite – Yes, Councilmember Bean – Yes, and
Councilmember Kirkham – Yes. The motion carried.
Councilman Thompson made the motion to accept the development agreement as presented with an SC-3
clause stating that 50 foot easement on Crowley Road be granted and SC-4 that will allow the property owner to use
the existing surface water rights, until such time, as he doesn’t use them on the property, at which time, they will
transfer to the City as required in #T. Councilmember Waite seconded. Roll call vote: Councilmember Thompson –
Yes, Councilmember Waite – Yes, Councilmember Bean – Yes, and Councilmember Kirkham – Yes. The motion
carried.
4. Casa Hills Preliminary and Final Plat:
City Planning Director Ron Folsom stated that some of the ditches
located on the property will need to be maintained for the other property owners. Councilmember Bean explained
that the surface water rights, when he’s not using them will transfer to the City. Ron explained that if we require
them to put in a secondary water system or flood irrigate then we allow people to keep their water rights.
Councilmember Bean requested that the verbiage be changed to reflect this. Ron agreed to look at making the
changes on the boiler plate. Robert Suitter explained that he’s going to sell it at his earliest opportunity.
Councilmember Kirkham made the motion to approve the preliminary and final plat. Councilmember Bean
seconded. Roll call vote: Councilmember Kirkham– Yes, Councilmember Bean – Yes, Councilmember Thompson
– Yes, and Councilmember Waite – Yes. The motion carried.
Robert Skinner inquired if the motion was adopted with a single access. Councilmember Kirkham advised
yes. Robert asked how he withdraws the annexation request. Councilmember Kirkham said he can.
5. Cortland Ridge Phase 2 Annexation, Initial Zoning, Annexation Agreement and Ordinance 412:
City Planning Director Ron Folsom stated they have traded one portion currently in the City, which will
remain in the City, for a portion they are requesting for annexation, in order, to square the subdivision up.
The request is for R1 zoning which is consistent with what’s existing in the Cortland Ridge area. There
was no public input and planning and zoning approved unanimously.
Councilmember Bean motioned to approve the Cortland Ridge Phase 2 annexation and annexation
agreement with the initial zoning of the .8 acres of R1. Councilmember Kirkham seconded. Roll call vote:
Councilmember Bean – Yes, Councilmember Kirkham – Yes, Councilmember Thompson – Yes and
Councilmember Waite – Yes. The motion carried.
Councilmember Bean read Ordinance #412 AN ORDINANCE ANNEXING CERTAIN LANDS
TO THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO; DESCRIBING WITH PARTICULARITY
SAID LANDS TO BE ANNEXED AND HEREBY ANNEXED AND DECLARING SAID LANDS A PART OF
THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO; DETERMINING THE PROPER ZONING FOR
CLASSIFICATION OF THE ANNEXED LANDS AND TERRITORY UNDER THE ZONING ORDINANCE OF
THE CITY OF AMMON, IDAHO; PROVIDING FOR AN EFFECTIVE DATE FOR THIS ORDINANCE AND
OF THE ANNEXATION OF SAID LANDS. (Cortland Ridge Phase II 0.884 acre) 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 Waite seconded. Roll call vote: Councilmember Bean – Yes, Councilmember
Waite – Yes, Councilmember Thompson – Yes, and Councilmember Kirkham – Yes. The motion carried.
Councilmember Bean read Ordinance #412 AN ORDINANCE ANNEXING CERTAIN LANDS
TO THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO; DESCRIBING WITH PARTICULARITY
SAID LANDS TO BE ANNEXED AND HEREBY ANNEXED AND DECLARING SAID LANDS A PART OF
THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO; DETERMINING THE PROPER ZONING FOR
CLASSIFICATION OF THE ANNEXED LANDS AND TERRITORY UNDER THE ZONING ORDINANCE OF
THE CITY OF AMMON, IDAHO; PROVIDING FOR AN EFFECTIVE DATE FOR THIS ORDINANCE AND
OF THE ANNEXATION OF SAID LANDS. (Cortland Ridge Phase II 0.884 acre) by title and motioned that City
City Council Minutes 11/16/2006 -- 4
Council adopt Ordinance #412 as an ordinance of the City of Ammon on its third and final reading. Councilmember
Waite seconded. Roll call vote: Councilmember Bean – Yes, Councilmember Waite – Yes, Councilmember
Thompson – Yes, and Councilmember Kirkham – Yes. The motion carried.
6. Cortland Ridge Phase 2 Preliminary Plat:
Tom Hunsaker presented the Planning and Zoning report. The
plan P&Z saw had two cul-de-sacs that they requested removal of. The plan Council has shows the cul-de-sacs
removed. P&Z was concerned with the drainage patterns. The pattern goes to the north of the property and heads
easterly towards the ditch between the two subdivisions. P&Z recommended a bike path strip to be created on one
side of south point drive running from the west boundary directly east and then south to Cortland Ridge Lane and
exiting onto Crowley Road. This area should be a minimum of 10 feet wide similar to what was done in the Villa’s.
Leslie Folsom mentioned that P&Z noticed that there is a high spot on the road where the exit is at.
Councilmember Bean inquired on storm drainage since he doesn’t see any retention ponds in Cortland #1
nor any in this one. Alan Cunningham stated in Cortland Ridge they had anticipated a storm pond along Township
Road with a 30 inch trunk line to take the storm drain line down near the school and putting a big storm pond down
there. Just east of Sweetwater Way on the north side is where the floodplain is coming through and Johnson’s are
anticipating putting a big storm pond in there. They have stubbed a 24 inch line into Phase 2 that will help aid
taking this storm drain out of this subdivision. There is a letter addressing all three P&Z’s concerns. The ditch is
covered up now but they put it back with a culvert across Barton Way at the time construction plans are presented.
The 30 inch storm drain is to the entrance of Woodland Hills but there is a dispute between two property owners.
There is a temporary storm pond on the north end of Cortland Ridge which is approx. 1-2 lots. Councilmember
Thompson inquired on the exit onto Crowley on the top of the hill. Alan said there is a 100 – 200 foot realm on top
of the hill where it kind of flattens where you are able to see both directions. Councilmember Thompson was
concerned about people coming to the top of the hill. Mayor Ard stated that it’s about as good of a place that it can
be. Ron stated that Bill Manwill, after P&Z, went out again and said he’s comfortable with the way this is located.
Councilmember Thompson stated that there are approx. 1800 people with this addition of 570 houses. This will put
pressure on Ammon Road to widen the road and wants council to address this. The City of Idaho Falls charges
$2500 an acre annexation fees. Councilmember Bean said to put as a discussion item for a work session.
Brent Johnson said they are asking for a preliminary plat. They won’t develop this until they have a large
storm pond put in. The council can word it, that they don’t put a street in until they have the large pond in down off
of Township. As far as the irrigation water, this has been filled for six years and they haven’t had an ounce of water
out there. Bruce Empey has said if he wants to go flood this we have to accept his water but we don’t have to
accept his water. He has to be a responsible irrigator. We have to accept runoff which is minimal but we don’t have
to let him irrigate all he wants and accept it. We could put the ditch back in and a culvert and if Council deems that
necessary, they will, but he doesn’t want to postpone another month. Councilmember Bean inquired as the
compelling need to have the preliminary plat done now. Brett said so they are in preparation for next year.
Councilmember Bean inquired if they have plans and specs on the storm pond now. Alan said the pond has not been
sized. Bean said then Bill cannot have seen the specs. Brent said basically whatever Bill wants they will build.
Councilmember’s Thompson and Kirkham mentioned that the fire flows are not adequate. Brent said they helped
the City extensively on getting easements and property locations to accommodate the 12 inch line. Councilmember
Bean stated to get the drainage pond spec’s done, get problems resolved with the two property owners and make
sure we have the 30 inch trunk line going down there. We can do the preliminary and final at the same time.
Councilmember Thompson wants to coordinate Well 10 over to this area before they keep on building. Brent said
they have to be a year in advance to get improvements drawings in, bids back, etc. Councilmember Kirkham said
we have to have fair and consistent application of the law.
Councilmember Kirkham motioned to table the Cortland Ridge Phase 2 Preliminary plat to address the
storm water runoff, retention pond and irrigation. Councilmember Bean seconded. Roll call vote: Councilmember
Kirkham – Yes, Councilmember Bean – Yes, Councilmember Thompson – Yes, and Councilmember Waite – Yes.
The motion carried.
7. Grandview Estates Annexation and Initial Zoning/8. Grandview Estates Preliminary Plat:
Planning
Director Ron Folsom explained that the developer had a death in the family and no one is here to represent him so
Ron requested tabling this action.
Councilmember Kirkham made the motion to table the Grandview Estates annexation and initial
zoning and preliminary plat based on absence of representation. Councilmember Waite seconded. Roll call vote:
Councilmember Kirkham – Yes, Councilmember Waite – Yes, Councilmember Bean – Yes, and Councilmember
Thompson – Yes. The motion carried.
9. Hawkes Landing Annexation and Planned Unit Development Proposal:
Planning Director Ron Folsom
stated planning and zoning recommended approval as proposed a few months ago but the Council had questions
City Council Minutes 11/16/2006 -- 5
concerning sewer and water. The annexation is requesting RP zoning which is consistent with the properties north
and south.
Councilmember Bean said that the water and sewer does not affect annexation. This is covered by the
development agreement and the plans that we put together. It means we need to have good management plans. If
we approve this, he would like to have tagged onto that annexation agreement, a special condition, that they follow
the water development guide for properties east of Scenic Drive. Councilmember Thompson felt that our
annexation and development agreements are basically the same document. Councilmember Bean stated that the
annexation and development agreements are not the same. We carry everything over in our annexation agreement
into our development agreement. Councilmember Kirkham clarified that Scott Hall, our attorney, stated that when
we annex we are guaranteeing certain services but if we make a special condition that no development can occur
until certain things are in place but essentially, you are in our City. When the time is right and when we have
everything in place then we will allow you to move forward with your development.
Councilmember Bean made the motion to approve the annexation as proposed with the inclusion that in the
annexation agreement we not issue building permits or development plans until such issues are taken care of and
appropriate water and sewer infrastructure is in place to handle the additional development according to the master
plan to be coming shortly. In addition, a 50 foot easement on Sunnyside Road will be dedicated. Councilmember
Waite seconded. Roll call vote: Councilmember Bean – Yes, Councilmember Waite – Yes, Councilmember
Thompson – Yes, and Councilmember Kirkham – Yes. The motion carried.
Jeff from Hawkes Landing presented their preliminary conceptual development plan. He would like the
Council to consider approving a on a PUD Overlay which will give the City more control in the process and would
be part of the development agreement and seeking approval on proposed land use clusters and preliminary
development plan as presented. Katie Wilson is a consultant on entitlement process terms of land use planning and
a national expert on entitlement and smart growth. Jay Bullwinkle is the land planner and landscape architect. Trey
Burnett with RMES is our engineer, as well as, Soren Simonson, a community architect with CRSA.
Katie explained the base zoning remains the same. The only approved zoning will be RP until the final
development agreement on the uses that are negotiated and collaborated in this specific area. This will give the City
more control and flexibility in creating a community that addresses a variety of needs. Katie went over the
conceptual plan with the CD presentation that is attached to these minutes. Main items presented are less
infrastructure expense costs, ability to control rental housing within the development by writing owner occupied for
the first few years in the CC&R , lease agreements have to be approved by boards, very strict rules for non-owner
occupied units with property owners responsibility and their tenants.
Jeff presented the vision of Hawkes Landing. There will be a commercial section of 6.8 acres, of which,
the Council will have total power over design, height, and what goes in there. Ideas or examples for the commercial
section are a grocery store – possibly Wild Oats, dance studios, professional services, CPA’s office, bank, deli shop,
village town square, etc. They have reduced their densities from the previous proposal to 2.14 units per acre for
single family residential, mansion homes (2 units per building that looks like an estate home) to 6 dwelling units per
acre and the cluster home section (individual detached single family units) is at 5 dwelling units per acre. They
have removed the cluster homes from the Laurelwood Subdivision. Councilmember Kirkham inquired that they
wouldn’t initially do the commercial area. Can we put stipulations in that they need to maintain it a certain way so
we can avoid a weed patch for 10 years? Yes, per Soren Simonson, this can be done with perhaps some temporary
uses such as tree growing area, nursery for parks and open space usage. Councilmember Kirkham asked if growth
slows and you can’t sustain a commercial district in that portion of the City will you come back and ask for a rezone
to go residential. Soren, we will want to put in some language to allow temporary uses for maybe 10 years,
eventually they think the demand for commercial will be there so it may come in a phase sequence. Jeff, they can
maintain that just the way it is, there is a nice home and little barn with pretty good curb appeal but might want to
dress that up for aesthetic appeal from Sunnyside.
Jeff, we have the ½ acre lots along Laurelwood, as well as, a 2.9 acre park that is 100 foot wide which
creates a nice buffer for the residents of Laurelwood. The cluster homes are ¼ acre lots with ½ acres lots along the
ridge line. They have dropped the density from 371 to 231 homes total including the mansion homes. They are
consistent with the proposed PUD ordinance of 20% open space. Councilmember Thompson inquired on the trail
system and if it connects into anything else that’s around. Jeff said it’s through the center of the development and
along the front of the development as well. The open space, trails, and parks are 19.7 acres.
Jay Bullwinkle explained all of the fronts of the houses face open space. They want to keep the cars in the
back where the garages are. He distributed the folder that is enclosed with the minutes. This folder has samples of
the style concepts of homes.
Jeff covered the different designs. In conventional subdivisions, you have large setbacks; but they are
giving up large front yards and taking that space and putting it into a large neighborhood park and pocket parks with
common front yards. Pocket parks might include a picnic pavilion, tot lot, water features, landscaped areas, trails,
etc.
City Council Minutes 11/16/2006 -- 6
Councilmember Kirkham inquired concerning the history of PUD’s with long term maintenance. Katie
stated a lot of communities have a written agreement so it immediately falls back to the Cities for the authority to go
in and burden whoever are the underlying property owners. You can also use a private maintenance agreement that
has an agent that is not an owner, of which, the owner’s hire and this person has direction within the agreement to,
upon delinquencies and maintenance defaults with reserves kept that are funded up front, so that you never have to
wait and go make the repairs. You can have the private maintenance agreements on top of the CC&R’s.
Jeff would like approval, so they know going forward, that they can start laying it out and doing the
engineering to start platting the land. Jeff wants to know that the Council is OK with the densities and housing types
they have identified in each one of the clusters. Third, seeking approval to begin the process of identifying their
preliminary development plan.
Councilmember Thompson inquired if each person owns their own lot. Jeff yes, they own the
property the home is sitting on. Common areas will be homeowner association maintained areas. Councilmember
Thompson inquired on fences. Jeff said the concept can work either way. They’ll probably look at where the
market is heading. Councilmember Kirkham would prefer no fences because that’s consistent with what’s up there.
Jeff said the council will have control so it could be picket or rail type fences. Planning Director Ron Folsom
advised that we would have to do a conditional use permit for a PUD. If the PUD ordinance passes, they have to do
a complete plan and another hearing/zoning. Councilmember Kirkham suggested bringing the concepts back into a
work session so the homeowners who were here to be able to have some input. Ron talked with Scott Hall. Scott
felt comfortable with the Council approving that they like the concept and whether you support this PUD or not.
Hawkes will then have to proceed with all the procedures. Councilmember Thompson reminded them that they
need 350 feet between entrances. Councilmember Bean made the motion to go ahead with the conceptual
project/plan that was presented and PUD with a lot of details to be worked out. Councilmember Waite seconded.
Roll call vote: Councilmember Bean – Yes, Councilmember Waite – Yes, Councilmember Thompson – Yes, and
Councilmember Kirkham – Yes. The motion carried.
10. Authorization ---Cottages Subdivision Drainage Proposals:
Councilmember Thompson said that Alan’s
proposal doesn’t address what to do with the water after it goes down the way. He is hesitant to buy into a half
finished plan with half finished costs as well. Councilmember Kirkham asked Alan when he designs a plan, is paid
to do it, it doesn’t work - do they take on the liability. Alan responded that’s why you have cities and no, his firm
couldn’t guarantee it. Alan said if the residents want the water out-of-sight out-of-mind then you are going to have
to collect it and put it in a storm pond. The costs Alan gave did not include the storm pond. Mayor Ard asked what
if we put some more drains up in the cul-de-sac. Alan stated, that in the cul-de-sac, because the yards have been
built up rather than allowing water to run through we need to get the yards back down so the water can run through
it’s natural course or pipe back to the top to be released onto Stafford. Councilmember Thompson drove by Steve’s
place and it looks like his house is about a foot lower than the other two houses on either side of him. If he rolled a
golf ball on the road, it would roll right into his garage. Councilmember Kirkham asked Alan what his opinion is
on the linear drains throughout the cul-de-sac and the other areas. Alan stated they provide more storage and they
will allow the water to dissipate in the ground a little quicker. One of the estimates for the drains is $50 running foot
and the other one is $90 – which has more capacity. Neither one of them included the pipe. The engineer that Alan
works under has comes up with these designs and he thinks this will help and aid in rectifying some of the problems
up there. You use fabric mainly because of the erosion factor. Councilmember Kirkham proposes, she has listened
to Bill and she has listened to Alan, she is willing to look at the idea of these linear French drains if they are placed
according to Alan’s plan but reluctant to start a new system that hasn’t been technically engineered. She also wants
Bill to draw an actual engineering design on the linear French drain not just on a piece of paper. Alan, they went
down on a two to one slope (for every two feet you come over then you go down one foot – EPA accepts this)
because we don’t want to go straight down from where the road is because we would like to gradually come away
from the road and then in the center go 3 or 4 feet deeper. Brett, from our office, feels it will work better if we try to
keep the rock exposed and not put grass over the top. A lot of the water is coming off the backyards and not the
road then once it gets to Steve’s house it’s dammed. The backyards in that area are some of the steeper ones, as well
as, the vacant lots. Per Steve, between Jerry and Keaton’s there’s a long stretch, that might be 100 feet long and
that’s the low point. This is where a lot of the water comes in. Councilmember Kirkham made the motion that we
put in the linear French drains on Bungalow Circle – both sides, Fieldstone Drive and Brennan Bend to Bill’s
specifications that he will draw and do immediately with City staff and parks department with Bill as the project
manager. City Administrator Bruce Rose asked if staff was to do or contract it. Mayor Ard said to hire a couple of
guys to help. Ken can help with the sprinkling systems. Councilmember Bean prefers no grass and to go with rock.
If we put grass in, in 3-4 years the grass will be higher and we will have the same problem again. Councilmember
Thompson seconded. Roll call vote: Councilmember Kirkham – Yes, Councilmember Thompson – Yes,
Councilmember Bean – Yes, and Councilmember Waite – Yes. The motion carried.
City Council Minutes 11/16/2006 -- 7
11. Authorization --- Purchase of Real Estate – Eagle Bridge Project:
City Administrator Bruce Rose
explained that with existing annexation and development agreements the right-of-way for the bridge was not
dedicated. So we need to acquire the property, of which, there are two property owners. One owner is Idaho Canal
on the north side of the property. They have agreed to warranty deed to us the property that will allow us to put the
bridge in. The other owner is the Rodeffer Trust who owns a fair amount of the canal bank and wants to sell all or
none. The City needs a 30 x 60 foot piece. Rodeffer’s wants $2500 net for the entire piece of property and the City
pays the closing costs. Alan stated the entire piece is .496 acres which equates to $5000 an acre. Ron Folsom said
maybe the canal company would trade the portion adjacent to Target Park for this. Councilmember Waite thinks
we should do the deal and deed it to the canal company less our share. Councilmember Thompson motioned to
authorize staff to go ahead with the purchase of the real estate property for the Eagle Bridge Project for $2500 and
negotiate the closing costs but that may mean we pay them all. Councilmember Kirkham seconded. Roll call vote:
Councilmember Thompson – Yes, Councilmember Kirkham – Yes, Councilmember Waite – Yes, and
Councilmember Bean – Yes. The motion carried.
12. Records Retention Resolution No. 2006-010:
Acting City Clerk Leslie Folsom presented the resolution for
the previously agreed Records Retention document. Councilmember Kirkham made the motion to approve the
Records Retention Resolution No. 2006-010. Councilmember Bean seconded. Roll call vote: Councilmember
Kirkham – Yes, Councilmember Bean – Yes, Councilmember Thompson – Yes, and Councilmember Waite – Yes.
The motion carried.
DISCUSSION ITEMS
:
Mayor Ard addressed the council concerning a phone call he received this afternoon. Heath Brown bought a
building on Ammon Road in April. He came in and was told his bill would be $250 plus. When he got the bill, we
billed him $55 and when he inquired was told that’s what it would be. We caught this the other day and now he
owes $1400. Councilmember Bean said it’s our error and we can’t back bill for an error we made. Mayor Ard said
to bill him for November correctly and go forward.
1. Six Person Council:
Councilmember Kirkham wants the six person council to be on the February 6, 2007
election. Everyone agreed.
2. Water Metering – Schools and Churches:
Councilmember Bean based upon the amount of water that the
school/churches use; he wants to move forward with metering of schools and churches. Leslie Folsom presented
the numbers for the billings this year on the school. Bean wants us to meter every field Per Rick, there is one field
on the north side of Sandcreek Middle School that is canal irrigated but the rest is above ground. Bean wants
electronic meters installed, at our cost, and start metering. Leslie brought up that we will need to revise our
resolution to include metering rates for schools. Bean wants all meters to be electronic meters. Councilmember
Thompson suggested running things for a month or two using our head count, as well as the meters, to compare the
rates. Mayor Ard said we’ve been having them make a deposit on the meters Bean inquired how much. Kirkham
stated the current meter cost is $191. Leslie inquired if we should increase the deposit to $250. Kirkham/Bean –
good idea.
3. Adoption of Engineering Standards:
Councilmember Bean wants to look at having engineering standards for
our City. He would like us to look at sanitary systems and storm drains from the Idaho Falls standards. Ron’s
conversations with Alan are, had this been adopted, we would have said no to the Cottages and we wouldn’t be in
situation we are today. Cortland Ridge is one of the concerns and the recommendation, from an Idaho Falls
standard, would be that there has to be a retention pond in Cortland Ridge 2. Councilmember Kirkham thinks we
should, at least, adopt the sanitary systems and storm drains as a starting point. Councilmember Bean suggested
putting this in ordinance form.
City Council Minutes 11/16/2006 -- 8
4. Miscellaneous:
Councilmember Thompson inquired if Idaho Falls adopted the IDABO Contractors Licensing
Standards. No one knew.
Councilmember Kirkham motioned to adjourn to executive session for personnel reasons. Councilmember
Bean seconded. All in favor, the motion carried.
The meeting adjourned at 11:25 p.m.
___________________________________________
C. Bruce Ard, Mayor
______________________________________
Leslie Folsom, Acting City Clerk
City Council Minutes 11/16/2006 -- 9