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10162007CouncilMinutes - Special CITY OF AMMON CITY COUNCIL – SPECIAL AGENDA MINUTES TUESDAY, OCTOBER 16, 2007 AGENDA: CALL TO ORDER: Mayor Bruce Ard DISCUSSION ITEMS: 1. Bonneville County – Area of Impact Expansion MINUTES The meeting was called to order by Mayor Ard at 3:35p.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 Dana Kirkham Councilmember Rex Thompson Councilmember Randy Waite City Engineer Lance Bates City Planning Director Ron Folsom City Clerk Leslie Folsom DISCUSSION ITEMS : Maps were presented to look over the impact area. The green areas were county subdivisions outside the annexation. Ron Folsom explained our impact area is currently at York with Maverick as our northern boundary. Ron Folsom explained the only place where we touch Lincoln is at Maverick. It was discussed the county line to th south is 145. Roger stated as he understands it, they would like to get an agreement that Ammon will extend the services, if they annex. He is hoping that is the direction we are heading. Mayor Ard stated he thinks our ordinance lets us do it. Roger spoke about the subdivision standards which they recently redid. The County is now more restrictive than Ammons. They still allow drain swales but the frontage on the lot has to be 150 feet. He explained with that frontage they can still accommodate without curb and gutter, but anything less than that they would need curb and gutter. Roger stated in the foothills they have required that the have an engineer do the drainage plans in the subdivision. He explained they gave local engineering firms time to comment. They came back with suggestions, but were appreciative for having standards. They would like them to keep an open mind on the drainage swales. Roger explained the majority of developers will go curb and gutter. He feels diversity is good . Steve Serr commented it’s mandatory for the developers to use their surface water rights. They are trying to mitigate the issue of the supply. It was discussed there is less surface area when you turn them into a subdivision. Lance commented about graph use in Twin Falls. He found that whether they are in subdivision or not, they still need 1 share surface water per acre of development, even though 25% of it is impervious now. He found they are using more on their lawn then alfalfa takes. Councilmember Bean inquired how you monitor that. Steve explained they have to submit a water system plan when they approve the subdivision. Councilmember Bean stated we should take a look at that ourselves for future subdivisions. Mayor Ard stated the subdivisions we have on hold, most don’t have water. It was discussed we need a common standard. Roger talked about having a reasonable compromise of standards. Roger talked about extension of services. Dave talked about wanting to be the last to be annexed because he likes having a private road and horses. It was discussed he could have that with Ammon. Councilmember Bean inquired why he thinks if they annex him he would not be able to have horses. Dave responded that when you say you live in the County, it is an emotional mindset. Leslie Folsom inquired if we could have Falls Water bill us. It would give us the ability to shut some people off. Councilmember Bean inquired to Roger why we should have Falls Water as our designated water service provider. Roger responded because there are areas where they are already there in your area of impact. If they were designated, it makes it easier for you to go in and do a forced annexation. It was discussed they would bill us. City Council Minutes 10/16/2007 -- 1 Councilmember Bean stated it would be a problem because we would have to create a rate structure for our customers. He stated if we are going to do that, then they have to give us with the information to bill them. Roger stated they require that they develop their own central sewer and water. Councilmember Bean inquired about once they get it developed about turning it over to the City of Ammon. Roger explained yes, Ammon would do all the billing even though it is still in the County. It would be Ammon’s system. Lance talked about not having enough people and equipment to take that on. It was discussed we have to have the equipment. The regional authority would have to help. Councilmember Thompson commented about going south with annexation. He talked about getting our area of impact now. He talked about the future and touching Shelley eventually. Councilmember Bean inquired where we proposed to go in the area. It was discussed we would like to go to the county line. Roger talked about the contract with Idaho Falls. He stated if they sit down with Idaho Falls and Ammon concerning Hitt Road, they will look at who is going to provide the service out there and the one that says not until we annex. Councilmember Bean commented that we agreed not to annex in their impact area. Ron stated it says we th won’t cross 25. It was discussed we need to go back and look at what it says. Councilmember Bean stated they knew what they were negotiating in terms of our area of impact. He stated they agreed that Hitt Road would be the common boundary between impact areas. Ron commented that Hitt th Road ends at 113but we did not agree to not go west. It was discussed we would have the sewer availability but not the water. Councilmember Bean stated if we agree to be the service provider in the impact area in the county, then it is a moot point. It was discussed sewer will be with the Regional Sewer Authority. He doesn’t see a problem with expanding that impact area down York Road and down further, as long as, we agree your service provider. Roger commented they would need to talk to Idaho Falls. Roger discussed that Idaho Falls can contract with the Regional Sewer Authority for their system. Ron stated it would become a negotiating factor with Idaho Falls. Roger stated that is not what they are trying to do. Councilmember Bean stated that if you talk to Idaho Falls and tell them this is what Ammon presented, and this is what we think will work; he thinks they would be willing to do it. Councilmember Bean commented about where he thinks the common boundary should be. Councilmember Kirkham did not agree. Councilmember Bean started about going for the whole thing, and then we would concede to railroad tracks, if needed. Roger talked about how to go about it. Councilmember Kirkham th inquired where they are willing to go to the line of 97. Steve Serr stated they try to target a 20 year plan. He stated we have to address the reasonable area and fees of approach. Councilmember Bean stated that is not hard to do. He explained they negotiated this area five years ago. He explained where we would be in the future. It was discussed you have to look at the growth patterns of Idaho Falls. Roger talked about one of the challenges they will have once they get the line down, they will have a lot of requests to change the comprehensive plan. He feels it is in their best interest not to start changing the comprehensive plan. Councilmember Kirkham agreed because it frustrates us too. Roger talked about the comprehensive plan put in a long time ago. He doesn’t want to see county cities out there. He would like to see Ammon come up a little farther. Councilmember Bean inquired why we can’t put the impact area in another spot and be the first service provider. Steve commented the bulk of the foothills rezone was individual service systems with a large lot for a central water system. Steve talked about the upkeep of maintenance in the foothills and the cost for a vacuum system, etc. ththth It was discussed we are going to go down 45 to 97 now. It was discussed to go from Foothill to 97. Councilmember Bean inquired why we have to stop there. It was discussed it was just for now. It was discussed we were interested in pushing further. Councilmember Bean talked about in the future and possibly going further now. He stated he thinks we can justify a 20 year plan based upon the growth we have seen. It was discussed to go to th 113. Councilmember Bean commented that it will not influence the developer if they are in our impact area or not. Councilmember Bean commented stated we cannot stop growth and he would rather see orderly growth. Councilmember Bean stated you will eventually have to change the comprehensive plan. Roger inquired why wouldn’t you change it 2 years from now, why would you want to do it now. Councilmember Kirkham talked about the difficulty servicing them. Councilmember Bean stated they cannot enter into an agreement to service these, if they are not in our impact area. Councilmember Bean stated he does not feel comfortable with the comment that Steve made about not changing the comprehensive plan. It was discussed they want to limit the urban growth out there until you get there. Councilmember Bean asked what guarantee they have from Roger that they will change the comprehensive plan and you will open this up so the developers can come in. Councilmember Kirkham stated they cannot give us a guarantee. Councilmember Bean disagreed, he feels they can change it. He would like to see a commitment from the County. Roger talked about it looking favorably upon. They would like to direct the urban density growth. Councilmember Bean stated the farmers will determine where their property goes and for what price. City Council Minutes 10/16/2007 -- 2 thth It was discussed Ammon would want Foothill to 113. Ron inquired are we going to stop at 113. Roger commented about the area of impact agreement document we could say, as these requests to go to a more urban growth, we include those to expand the area of impact as they come in. He stated the agreements are not binding, however. He talked about the agreement and when they get the request for a zone change, they will come to Ammon and see if they are willing to accept that in Ammon’s area. Councilmember Kirkham agreed. Council- member Bean inquired if they are suggesting they go ahead and do this. Roger stated yes, but if it blows apart – we may want to get the agreement we can get. It was discussed we need to go to the tracks which Idaho Falls uses as a line. Roger talked about the Magistrate Court and going on 4 months without an answer. Roger stated they have questions they will need to wrestle with about being able to provide the service in the area in an orderly area. He explained before we go to the more dense growth, they have an agreement with Ammon that if they have a proposal they would bring it to Ammon to see if they want it in their area of impact. It thth was talked this is south of 113. It would mean rather than going to county line, we back up to 113. They would give them the conditions for the rezone. Steve talked about one piece and there are people lined up to do their own system, they want the piece rezoned immediately. He talked about doing the impact area annexation agreement to provide the water and sewer – how are we going to do it. It was discussed they can do their own system. Steve stated when they have people inquiring he would promote that they will provide the services. Roger explained they have to give Idaho Falls a legitimate option. Councilmember Bean inquired why. Roger stated they have to be fair. Councilmember Bean stated we have put millions of dollars into the regional sewer project and wonders why they should have the benefit. Roger stated that the County is too. Steve stated that State laws requires that they have to give cities the opportunity to negotiate. Councilmember Bean stated he understands you have to go back to the City of IF, but he wants the City to understand that they cannot block our growth because we are putting the money into it. th Ron Folsom talked about not giving up 25 like we have before. Roger talked about going to Idaho Falls and presenting what Ammon is suggesting and tell them they need to make a decision. It was discussed the County will have to talk to the City of Shelley also. It was discussed Shelley may want to go to the Bonneville County line. Councilmember Bean inquired what they are willing to grant to Ammon. Roger stated he would tell Idaho Falls that Ammon has requested everything from York Road until contiguous with Shelley. It was discussed when they talk with Idaho Falls to discuss their area of impact, they will come from the same standpoint as with Ammon – if they want to extend their services. thth It was discussed we are down to 113 and the RR tracks to 45. They do not want to appear like a land grab. It was discussed the agreement would be if they come in, then they are offered Ammon’s impact area. It was discussed it is an area to adjust their comprehensive plan. Councilmember Bean commented that if they change the comprehensive plan, Ammon would like to see it accommodate the individuals being able to hook up to sewer. It was discussed we need to talk to Jay Johnson, he is leaving in December on a mission. We need to get a contract with Jay to be their service provider. We need to get Falls Water to agree with that. Roger talked about the census from 2000-2006 to show the growth numbers. Idaho Falls added 2000 people, Ammon added 6000 people. It was discussed growth is happening. Steve commented he needs the City to push the flood plain. He stated that he cannot do a thing with the flood plain until the developer, Jay, gets his engineering done. He stated he cannot do anything in there until that is done. It was discussed to have Lance get involved. It is in Ammon’s best interest to get him to get that done. Roger talked about arterial fees. Ron explained we figure ours in the annexation and development agreement. It was discussed it is not an impact fee – it is part of their development agreement. Steve commented that he would like to them to have an open mind on round-a-bouts. It was discussed foot traffic is a problem with round-a-bouts. It was discussed they move 5 times faster than four-way stops with a 1/3 of the cost and safer. Councilmember Kirkham inquired how soon they will start. They talked about starting tonight. Steve prepares the documents ahead of time. Roger stated they are motivated on this. They want to get the regional sewer moving. The meeting adjourned at 4:55 p.m. ___________________________________________ C. Bruce Ard, Mayor ______________________________________ Leslie Folsom, City Clerk City Council Minutes 10/16/2007 -- 3