01102008CouncilMinutes - Work Session
CITY OF AMMON
CITY COUNCIL
WORK SESSION MINUTES
THURSDAY, JANUARY 10, 2008
AGENDA
:
CITY OF AMMON
2135 SOUTH AMMON ROAD
CITY COUNCIL
AGENDA – WORK SESSION
THURSDAY, JANUARY 10, 2008 - 4:00 P.M.
Discussion Items:
1.River Bend Manor Preliminary Plat w/Water Tank Information
2.John Adams and Curlew Traffic Study and LID Possibilities
3.Holy Rosary School Endowment Foundation Bingo Facility
4.Misc.
MINUTES
The meeting was called to order by Mayor Ard at 4:07 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 Dana Kirkham
Councilmember Rex Thompson
Councilmember Randy Waite
Councilmember D. Ray Ellis
Councilmember Brian Powell
City Engineer Lance Bates
City Planning Director Ron Folsom
City Clerk Leslie Folsom
City Officials Absent:
Councilmember Lee Bean
DISCUSSION ITEMS
:
1. River Bend Manor Preliminary Plat w/Water Tank Information:
Planning Director Ron Folsom presented a
copy of the preliminary plat and water tank information for the Council’s review. City Engineer Lance Bates
presented a general overview of water tank area. He explained it is 1.55 million gallon tank, 105 foot diameter, 24
feet tall. Councilmember Powell inquired about where the access point is. Lance explained they planned on doing it
off of River Bend Manor. Ron explained that Groberg’s would like to quit claim .37 of an acre to us. Lance
explained the little strip from Groberg won’t do it by itself. We could put the balance of it in Lot #4. We could do
some swapping of land to make it feasible. Lance discussed it would not be buried but would be 24 foot out of
ground. You could bury it so only 8 feet shows, but it will cost more. Councilmember Kirkham stated when we get
to design phase, she would like him to consider a possibility of burying it, as to courtesy to those around it because it
is in a residential area. There are different options to make it look better. Councilmember Waite mentioned the
water tower on Coronado by the hospital, that is buried, and it is not very noticeable. Councilmember Kirkham
inquired about the possibility of the developer helping with the excavation. The developer talked about the
possibility of an easement.
It was discussed whether or not we could get rid of the ditch there. It is a wastewater ditch that Suitter’s
use. Councilmember Thompson stated he thinks a walking path should go there. It can be rerouted to the
developer’s. Brian Hymel, developer, stated his only concern is making sure lot 5 is useable due to setbacks. It was
discussed lot 4 is his common area. Lance stated it should not count against his open space requirement since the
City needs it.
Council discussed if Lot 5 could be cut back to 5 units instead of 6. Brian doesn’t want to cut any of his
units. Council discussed different options for placement of the tank including the security of the tank and whether
or not it needs to be fenced. Two different options were discussed for placement of the tank. It was discussed there
may be a drug problem if it is closed in. Councilmember Kirkham stated she would not like to have variances, if
possible. The consensus was to move it into the corner. It was discussed to get it drawn out.
City Council Work Session Minutes 01/10/2008 -- 1
Councilmember Powell inquired what will come first the tank or the development. He inquired because if
it is developed how will we get the tank in there. Lance explained that if we have access through the green space, it
will not make a difference. Councilmember Kirkham stated realistically the development comes before the tank
because he is not dependent on the tank for water. It was discussed the tank will be built in place.
Councilmember Thompson inquired if there is an easement on the back of the property for the ditch. It was
discussed it is on the other person’s property. Mayor Ard suggested to Ron that we have a meeting with Robert to
discuss the ditch with him. Ron stated he has talked to him a lot and Robert is amiable to rezoning and is open to
other ideas. Mayor Ard inquired to the developer how fast he plans to develop this. The developer, Brian, stated he
hopes to start construction this spring and building this summer.
Councilmember Thompson stated the other issue he has is regarding traffic and the traffic study. He stated
allowing more development, without more access through that neighborhood, is causing problems. He talked about
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the traffic difficulties. He stated we need to have Curlew go on through to 1 Street. He is opposed to more
development going on there until that occurs. He mentioned a possible LID to help pay for it. The developer, Brian,
stated he understands but stated it is an expensive proposition even with the LID. He talked about his development
connecting Curlew and John Adams and feels that will help alleviate some of the traffic issues. Councilmember
Thompson stated he disagrees. The developer commented the traffic problems were here before he came with his
development. He feels putting a nice development in will draw other developers, so they can help get the roads in
that are needed. Councilmember Thompson stated in the past the developers have paid for the roads. The developer
stated he feels it is crazy to ask him to develop it all the way through. He explained this is way too small of a project
to do that. Councilmember Thompson stated he is not asking him to do that, but he is saying we should not add any
more development on to this area until that happens. He explained there is an issue like this on the hill regarding
water and they are not allowing any development until the problem is solved. He explained safety for the citizens is
our first concern. Mike Arneson explained that Mr. Hymel’s development does not add enough to increase the
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traffic problem significantly as per the traffic study. Councilmember Thompson stated that 17 to 1 Street would
be opened up and that was not addressed in the traffic study. Mike responded they were not asked to assess that
area. Brian Hymel, the developer, stated he tried to address the concerns of the Council at the time. He feels he has
tried to do everything he can to be accommodating. Councilmember Kirkham inquired to Mike Arneson, who did
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the traffic study, if it is possible to survey the area that opens up 17 to 1 Street. Mike explained that is too broad
and you could not survey it until it is built. He explained that traffic is a very gray area. He feels there will not be a
lot of cut through traffic there. Brian stated he is not opposed to the LID option, but is concerned about the time it
would take. He feels to constrict him from developing until the LID and road construction are in place is unsuitable.
He feels it is a substantial burden for him to bear on his property. The traffic issue has been a problem long before
he brought this development in, but his development is now the center of attention regarding the traffic. Brian
inquired if this was zoned R1, would they have a problem with it. Councilmember Thompson stated they would not
have a problem with that because R1 zones surround it. Councilmember Kirkham stated we need to look at this
particular development to see if it has a substantial impact on the traffic. She stated we do have a traffic issue and
we do have to figure a way to pay for it. She hopes development in the future will help aid in this. She stated at
some point they do have to take responsibility. Mike talked about the levels of service regarding traffic thresholds.
He feels this does not change the level of service, if it did then they should say no to the development.
Councilmember Kirkham explained why the City would like to have the LID in place. Brian Hymel stated
the LID does not stop the impact of traffic. He stated his project does not change the level of service for traffic or
change the current traffic pattern. He explained the other property will be developed at some point in time. This
would slow him down or stop this project. He feels the LID has nothing to do with him.
Mike talked about the single family development that was brought in a month before Brian’s and it was
approved. It most likely generates the same amount of traffic as Brian’s would. He feels that Brian’s is not being
approved partly because it is multi-family. It’s just not adding up. Councilmember Kirkham stated she can
appreciate his position.
Councilmember Kirkham stated we need to make a decision and this is like what happened on the hill. She
stated we cannot apply the law ex post facto. She stated we have to go with what is before us and how the law
stands. She stated this may be something we have to allow because we don’t have the laws put in place to stop it.
Councilmember Thompson stated he thinks there is no other intersection in Ammon that has a “D” rating. Mike
stated he does not feel that is true. Councilmember Kirkham stated we do not have a policy in place to say that
when you move from a “C” to a “D”, you stop development.
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Councilmember Powell inquired if Brian would be willing to put money aside to help punch Curlew to 1,
if he is planning on developing there in the future. Brian explained he does not own the property, just first right of
refusal with Suitter. He said shy of that, he would absolutely be interested. Councilmember Kirkham stated there is
a concern about the amount of high density in the area. She inquired if we are at the point where we need to reopen
the comprehensive plan. Councilmember Powell stated they are willing to work and come up with a good
compromise. He stated they are concerned about the traffic. He wants Brian to understand we would be asking to
City Council Work Session Minutes 01/10/2008 -- 2
help them get those roads punched through. Brian agreed. Speedbumps were discussed as a possible solution to
people going down that road. It was discussed that snow removal is the factor with them.
Councilmember Kirkham suggested we do an ordinance or resolution stating if an area goes from a “C” to
a “D”, then we allow no more development until the traffic can be handled. She feels we cannot deny this
development at this point, however. She asked Lance if he could help us write a policy, but he feels we need to look
at the comprehensive plan. It was discussed level of service “C” is actually very good. Mike explained at the
intersection of Tiebreaker it is skewed because the people waiting to turn off Tiebreaker experience a level of
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service “D” as opposed to those on 1 Street who experience a level of service “A”.
Mike commented that you could use a volume to capacity ratio rather than a level service rating when
trying to do a policy. He explained it is industry standard. He stated you can pick a volume to capacity ratio you
feel is okay. You can roughly correlate the level of service to a V over C ratio. He explained “D” is approximately
.8 to .85. He explained “E” would be over .9, and “F” would be start at .95. Lance stated there will still be the point
of where to do the traffic studies. Councilmember Kirkham stated we have to start somewhere and to start with
some sort of policy. Lance stated he could put together a presentation about the level of service and the capacity
versus volume. Councilmember Kirkham asked if he could do it by the March Council work session. Lance stated
he could. Council discussed they would like point of references from Ammon. It was discussed we need to add to
the policy when a traffic study is required.
Councilmember Powell inquired to Brian Hymel as to what his best guess would be in regards to
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developing up to 1 Street. Brian stated he feels approximately 3 – 5 years. He talked about possibilities for
development in that area.
Councilmember Kirkham inquired to the rest of Council on the feelings regarding this development coming
up on our next session. Councilmember Waite stated he is okay with it. Councilmember Ellis explained he is okay
with it because he feels we do not have a legal way to deny it. Councilmember Thompson stated he is still opposed
to it. He feels it is similar to the water situation on the hill. Councilmember Kirkham is in favor of setting a
standard for future development. Councilmember Powell feels we should have had a master plan to begin with that
included how to alleviate the traffic. Brian Hymel stated they are the owners and plan a master plan for the entire
area, not subletting to multiple builders. Councilmember Kirkham commented we could not use the traffic to be
able to stop the development on the hill. She stated we asked the traffic study to be done and it came back and said
there would be no impact from this development. Councilmember Thompson commented any study you see from a
developer will be favorable to the developer. Mike commented that questions his integrity and he places his
professional seal on the document. Lance stated that he read through the traffic study and it was very thorough.
Ron explained we give the developer a list of engineers we will accept.
The zoning was discussed for the area and what is should be and what it is now. Councilmember Kirkham
commented that the developer would not have purchased the land had it been zoned differently. We cannot change
the zone now after he has made plans to develop it.
Councilmember Thompson inquired if Brian owned the property to the north. Brian stated he did.
Councilmember Thompson inquired if it was their plan for it to be multi-family. Brian stated it was not and they
were actually denied to be able to downsize to zone R2A.
2. John Adams and Curlew Traffic Study and LID Possibilities:
Councilmember Thompson talked about
LID’s. Mayor Ard explained the LID will be a bond and the LID taxes will pay for it. Planning Director Ron
Folsom explained you get a bid on what it will cost and then choose the amount of time to pay it back. You then
assess the land owners whatever amount was decided upon to get it paid back. He explained that Suitter’s are
amiable to the idea right now. Councilmember Kirkham stated we lost a track of land to put on the LID. It was
discussed we could still put it in the development agreement. Ron explained when you put an LID on the property it
gets the assessment the period of years it is not developed. Once it changes it hands, it is just like a lien, then the
LID has to be paid off.
Councilmember Ellis talked about the possibility of a taxing district being passed by the Legislature. Mike
commented that setting standards allows us to exact improvements from the developer.
Councilmember Thompson commented that in the past, we have required developers to pay for the
collector street as it goes in front of their property. Brian stated they know that and have planned for that. Ron
stated that he talked to Councilmember Bean and he feels the LID is the solution for this area. Ron explained we
can do a LID without the support of the people.
Mayor Ard stated the downside to a LID is if someone goes out for 20 years. It is hard to keep track of
after a long time.
Brian inquired if anyone has approached LTAC for statewide funding. He feels this would be a good area
for it. Mayor Ard stated we are part of BMPO and ours has to come from that. He stated the problem is in order to
do it, they have to have it all engineered and then it sits in waiting. It could be several years down the road. He
stated the money is tied up for 5 – 6 years.
City Council Work Session Minutes 01/10/2008 -- 3
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Lance stated he looked at adding additional lanes to 1 Street and on Curlew from Brian’s property. He
also looked at John Adam’s property. He stated the bridges are figured also. He talked to a couple of engineers
about the price they are giving for residential roads. He came up with about $2 million to get the work done. He
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explained that it does not include Hitt and 1. It was discussed what portion is Karschner’s.property.
Councilmember Thompson inquired if Karschner’s would have to be included in the LID. It was discussed they
would be.
Councilmember Ellis inquired if we do the LID, can we get enough dollars out of it to do improvements all
the way to Ammon Road. Mayor Ard stated we would only go to just the other side of Tiebreaker and then the
County would have to pick up from there. Lance talked about the different ways to do the LID. It is best to do it on
vacant land. Ron explained who owns which sections of properties which is 5 developers. It was discussed the LID
would be about $14,000 per acre with the figures presented. It is $370,000, rough estimate per Lance, to go from
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the current northern end of Curlew to 1 Street. He explained it does not include engineering or sewer, just the road
itself. Lance stated to run the sewer up; you are probably looking at doubling the $370 thousand. Ron stated we
don’t run the sewer all the way up to Curlew because that is IBSD. We get our bonds from the Idaho Bond Bank
and it would probably be six months before we could get the bond. The project could be started this summer. Lance
stated you would have to make sure the LID covers the engineering cost also.
Councilmember Ellis stated he would like to look over this more, but feels the LID is a good way to go.
Ron stated there is information available to read about the LID.
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Councilmember Powell inquired if we can expand this toward Hitt and 1. It was discussed if most of the
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property would be included, we can fix Hitt and 1 with it. Councilmember Powell feels this is a good way to go. It
was discussed how the developer’s pay for this.
Councilmember Kirkham inquired when we want to define our scope. It was discussed to have another
work session. Councilmember Kirkham stated we should go and read about it and have it on next Thursday’s
discussion. We need to decide if we want to have the LID - period. Ron inquired if we want to include our portion
of Hitt Road. It was discussed we may want to have developers do it. Councilmember Kirkham stated she thinks
we have to do it.
Hitt Road was discussed. Mayor Ard stated we have an agreement with Idaho Falls to develop Hitt Road
equally. He stated we have chosen to do it with developers. It was discussed Ammon should not have to pay from
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Wal-Mart to 1. Idaho Falls owns Hitt Road.
3. Holy Rosary School Endowment Foundation Bingo Facility:
Planning Director Ron Folsom stated he called
different agencies regarding the facility. There is an exemption in other cities that allows for it. He called a man in
Nampa that owns one which was already in operation when the smoking law was put in. He stated they tried it
without and it did not work. As a private club they can allow smoking but they have to allow memberships.
Councilmember Kirkham stated she has feelings as to how our community wants to look. It is a commercial area.
Ron stated the gentleman called, and he told him they most likely will require a hearing. Mayor Ard stated we, at
least, need to do a hearing. Ron stated we have to notify only for 500 feet. The council discussed to put it out City
wide by putting it in the newspaper and charging Holy Rosary. She stated her gut feeling is that the City of Ammon
residents will not want this. Mayor Ard stated we did this when the liquor license came up.
4. Misc.:
Councilmember Kirkham stated we do not have a military leave policy in the City, but we do have a
couple of employees that are members of the National Guard. She passed out a possible policy for review which she
would like Council to review.
Councilmember Kirkham stated that Sunnyside was an issue regarding coming out of Hillcrest High
School. There are some upset residents there. She went over and she counted 14 cars out of about 200 that violated
the no left turn sign. She stated it took the parking lot about 15 minutes to empty completely. Councilmember Ellis
stated the biggest problem there are the speeders that don’t obey the school zone. Councilmember Kirkham stated
the crossing guard is a problem. Ron stated she needs more training. She stops traffic for too long.
Councilmember Kirkham stated she would like the authority to form an advisory committee in the City
with about 11 members to meet and get feedback on what and how we are doing as a City. Council discussed it
would be a good thing.
Councilmember Kirkham stated she met with the staff this week and there is concern with our insurance
coverage. She explained we changed carriers and policies about 18 months ago and they are not very satisfied with
the results. She would like authorization to get some bids. She stated she would like to have an Ammon business, if
possible.
Councilmember Kirkham stated the departmental heads meet once a month and she spoke with them. She
stated they would like the opportunity to rewrite the personnel policy. She feels that it would be a good idea. They
would write it and present it to us. Council agreed.
Leslie Folsom stated that Workmen’s Comp went up from 140% to 161%, mainly due to the sanitation
department. She feels when we go to automated garbage collection, it may solve that problem.
City Council Work Session Minutes 01/10/2008 -- 4
Leslie Folsom stated the largest non paid utility claim we have is $5000. They have not paid since August
of 2001. They admit they have used the service. He is from California and it has been vacant for 15 years and he
has not sold it. She explained his name is Steve Covington. She told him to write a letter to Council. She wanted
them to be aware.
Councilmember Powell inquired about construction dumpsters and how to get them off the street. It was
discussed they are private dumpsters. Lance stated it comes to enforcement issues. They are not supposed to be on
the public street. It was discussed to send Shawna around to give tickets.
Ron Folsom stated the floodplain information is in their boxes and it expires in March. If we want to move
forward, then we need to do it. It will be put on the work session for February. Mayor Ard explained the hydrology
is terrible, but until it is proven different – it is the way it is. We need to redesign it and the County will help.
The meeting adjourned at 6:52 p.m.
___________________________________________
C. Bruce Ard, Mayor
______________________________________
Leslie Folsom, City Clerk
City Council Work Session Minutes 01/10/2008 -- 5