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05082008CouncilMinutes - Work Session CITY OF AMMON CITY COUNCIL WORK SESSION MINUTES THURSDAY, MAY 8, 2008 – 4:00 PM : AGENDA CITY OF AMMON 2135 SOUTH AMMON ROAD CITY COUNCIL AGENDA – WORK SESSION THURSDAY, MAY 8, 2007 - 4:00 P.M. Discussion Items: 1.Maverik - Sunnyside Road (4-17-08 Agenda) 2.Scott Tallman – Well #11 Infrastructure Improvements (4-17-08 Agenda) 3.Quail Ridge Phase II (4-17-08 Agenda) 4.Hawks Landing Amendment to Development Agreement for Will Serve Letter (Ron) 5.Transferring Development Rights (Ron) 6.Falls Water – Water Rights Bridgewater and Park Strip (Ron) 7.Animal Control Policies (Brian/Shawna) 8.Upgrade Contract Wastewater Treatment Plant/Update Regional Sewer Authority (Ted Hendricks) 9.Misc. MINUTES The meeting was called to order by Councilmember Bean at 4:10 p.m. in the City Building, 2135 South Ammon Road, Ammon, Idaho, with the following City Officials present: City Officials Present: Councilmember Dana Kirkham Councilmember Lee Bean Councilmember Randy Waite Councilmember Rex Thompson Councilmember D. Ray Ellis City Engineer Lance Bates City Planning Director Ron Folsom City Clerk Leslie Folsom City Officials Absent: Mayor Bruce Ard Councilmember Brian Powell DISCUSSION ITEMS : 1. Maverik – Sunnyside Road (4-17-08 Agenda): Lance talked about two comparative bids for lights that occurred last year to use for the light at this property; they were $285,000 and $270,000. Councilmember Ellis stated he talked to the State of Idaho and they went with a bridge on a similar type property because it was cheaper. Lance stated we do not have a clear plan for what we want to do and suggested getting a percentage in the agreement. Councilmember Kirkham suggested we figure out the options and then go from there. Councilmember Bean commented it makes sense to have Maverik cover half the costs of the light since they are coming in now. Alan Cunningham from Mountain River Engineering representing Maverik stated they estimated spending $60,000 and maybe a little more for the light. He explained they are not a destination; they are a convenience and they do not cause more traffic. Councilmember Thompson commented they have some of the lowest gas prices in town and that would make them a destination. Alan inquired if they could give 25% for future funds to be escrowed. Councilmember Bean commented we still need money for 3 other easements. Council discussed the only options are lights or a round-a-bout. It was discussed we need the light. Lance stated he has not seen a traffic study but feels the light is warranted. Councilmember Kirkham suggested guessing about $80,000 since we do not know what it is going to cost or have them pay 25%. Councilmember Thompson commented we should look at next year’s street budget and plan for it there. 1 05-08-08 Council Minutes – Work Session Councilmember Bean commented he would feel better with $90,000. It was discussed to budget it for next year. Council discussed that $90,000 is a good number. Councilmember Kirkham inquired if Maverik would be okay with $90,000 or 25% put in 3 years. Brad, from Maverik, stated he would have to look at it and take it back to his group. Councilmember Bean stated he would like to revisit the drainage swale because he really does not want it. Alan stated there are things they can do, but there will still be a depression. He stated they can go another way to soften it with underground gravel. Lance stated he had talked to Alan about it and figures they can decrease the depth of the swale by half. Alan stated they will try to keep as much as they can underground. They still have to have some open volume. Council felt good at about 1.5 feet. It was discussed Walgreen’s was 5 feet and East Idaho Credit Union was 4 feet. 2. Scott Tallman – Well #11 Infrastructure Improvements (4-17-08 Agenda): Lance Bates explained he has talked with Keller and the Mayor was going to sign the award to Summer Construction. Mr. Tallman was under the indication that Well #11 was higher on the priority list or would be done first versus the transmission line up Sunnyside. Lance explained that Sunnyside was the first designed and first to be bid so it will be built first. He has told Keller to move forward on both. The lot will most likely not change. Lance explained there is a 27 foot cut to the tank and it makes it difficult because OSHA doesn’t like anything over 20 feet. Lance talked about the time frame challenge and they will have to deal with OSHA as time goes on. Lance explained they are probably 30-35% done on the Well #11 engineering. Scott Tallman stated they had 3 concerns. He stated there were three of them that got told the same thing, that Well #11, the line up to #9; booster station and tank were first on the priority list. Then they got word that the Sunnyside was first. It was discussed that was the original plan, but after we bid it out and Keller got the bid and they got the preliminary plan, this is the way it has been now. Scott commented they are waiting on Well #11 and wonders where the communication broke down. He would like to see more communication from the City. They have a substantial amount of risk on this and feel they are not in the loop as much as they should be. Councilmember Bean commented that Lance would welcome any phone calls. He doesn’t feel the communication needs to be from the City to them. Lance stated any time he has got calls; he gives the best answers he has available at the time. Scott stated they don’t think it is anyone’s fault, but would like to maybe see a schedule when they could meet to keep up to date on things. Councilmember Bean asked Scott what he would suggest. Scott stated they would feel comfortable with an every other week meeting with Troy, Lance and Keller’s and maybe someone from Council. George McDaniel talked about a couple of mistakes that have happened and feels if we meet we can save each other time and money. Council discussed maybe every other week is too often and it should be once a month. Councilmember Bean suggested they meet with Lance once every two weeks and have Keller come in once a month. Councilmember Kirkham talked about the reports they receive from Keller and letting the Council also look at them. Bill Manwill talked about the City Council meetings. Councilmember Kirkham stated she would prefer not to do it during City Council meetings because there is a lot in the meetings as they are. She stated they will make sure someone from Council is at the meeting. Councilmember Ellis volunteered to be there. Councilmember Kirkham asked Lance to give them a copy of the timeline we have up to this point. Councilmember Thompson stated they do not know if Well #11 has been contested again. Jeff Hawkes inquired if we have an idea as to when we will have water in the tank. Lance does not anticipate having water until next spring. Jeff talked about the design for Well #11. Councilmember Bean inquired how easy it would be to estimate a timeline for them if they had to do it. Lance stated they should be able to do that now that IDWR is done. Councilmember Kirkham stated we need Keller to give us a new timeline with the IDWR happenings done. Jeff talked about the cost they have incurred and wondered if there is way they can have their stuff pushed further. They are getting a lot of pressure from their financers. They wondered if they could presale lots or building permits. Councilmember Kirkham commented we did it in Founders. She suggested we address these issues after we get the timeline. Jeff stated they have a private well up there for fire flows. They would like to get their models going by this fall since they have people interested in their lots. He stated they talked to DEQ and they have no issue with them pre-selling lots before the infrastructure is in. Ron talked about the issues Bonneville County had and they used DEQ for their language. Jeff stated they would like will serve letters, if possible and to move as quickly as possible. 2 05-08-08 Council Minutes – Work Session 3. Quail Ridge Phase II (4-17-08 Agenda): Troy Burnett gave Council some different layout options for the lower piece and there has been no progress with the Davenport piece yet. Council discussed they liked layout #3. Troy talked if Davenport doesn’t go; there is no sense in tying Foothill in. Lance agreed. There would have to be a couple of lots changed on layout #3. Council talked about the need for a fire station or park since there is not any park space in the layout. There is a storm pond and a steep ravine there. There could be trail around it with some grass. Lance talked about the natural runoff. Troy talked about building a culvert to pass the water through. Councilmember Kirkham talked about where they have donated land. Quail Ridge on the north side is a park now and they did not have any park space and she stated it still has not been deeded to us. George McDaniel stated he signed the deed over 1 ½ years ago. Lance stated he was told and agreed with the concept of not accepting that until we had confirmation or with the spring runoff condition, so he has not accepted it. Councilmember Thompson explained they are trying to shoot for 10 acres of park for every 1000 population. George McDaniel talked about Suitter’s property and he doesn’t have to put up money for sewer reimbursement and to his knowledge he doesn’t have to participate. Scott Talman talked about consistency. Councilmember Kirkham talked about their development pushing us over the edge for the need of a fire station. Scott asked Council to be a little sensitive to the money issue right now and that they have been patient. Troy Burnett talked about the park issue and that the 3-4 acre storm pond would count as park and figured they were pretty close to the actual amount needed. Councilmember Thompson talked about parks not being storm ponds all the time. Jeff talked about remembering that they have given 20 acres. Councilmember Kirkham stated that they are willing to concede that they won’t need a park there, but does feel we need land for a fire station. Councilmember Kirkham talked about 1-2 acres for the fire station and may be close to commercial. 4. Hawks Landing Amendment to Development Agreement for Will Serve Letter (Ron): Jeff Hawkes stated he would like to discuss amending the development agreements for Division 1. He talked about page 5 and explained he cannot get will serve letters until Well #11 is approved, drilled and operating which won’t be until April 2009 or so. He inquired if they could change the wording on drilled and operating. Councilmember Thompson stated the reason they did that is because they don’t have water to give until Well #11 goes through. Jeff stated he understood that, but he needs the will serve letters. They don’t have any debt on their property. They don’t want to put debt on the property until they are ready to go. He talked about what their lender is requiring. They have talked with large production builders and that they are excited to do these lots but they need the clean will serves to get started. He explained the builder’s timeline and they can’t build until next spring. They would like to work it out where they could build models and he would like to see a precise timeline on the water. They would like to start their improvements by July or August. He explained they also have a reception center and would like to have infrastructure in before the snow flies. Jeff stated they would like to amend the development agreement so the city can give them a clean will serve letter and wondered if it is possible. He talked about his development loan and he understands they cannot build until they have building permits with water in the tank. Councilmember Bean proposed to Council about how to amend the development agreement. Councilmember Ellis talked about running the change by Charlie. Jeff talked about recording the final plat. Lance talked about needing improvement drawings before he could sign off on it and needing about 2 weeks to look at the new drawings. Jeff talked about the sewer reimbursement agreement and if any developers that benefit from it upstream, he reads that it only reimburses the City. They are funding 70% of the off site sewer out of pocket and they only get reimbursed for the upsize but not from other developer for the out of pocket expenses. Councilmember Bean stated he would look over the development agreement. 5. Transferring Development Rights (Ron): Ron explained what transferring development rights are all about and the possibility of moving development rights. Ron doesn’t think the City would want to move densities around. He talked about property we have next to the Cottages that Dr. Biddulph owns but does not want to develop. That property is calculated into the sewer connections based on the densities we would allow. A developer asked if there is a way to buy Dr. Biddulph’s development rights. Ron explained it is a good tool if you want to get open space. 3 05-08-08 Council Minutes – Work Session Councilmember Bean stated he has no problem as long as they don’t sell off all their development rights. Councilmember Ellis doesn’t want it to be a weed patch. Council agreed to proceed with it. 6. Falls Water – Water Rights Bridgewater and Park Strip (Ron): Ron stated we have water rights we took from Bridgewater that are actually from Falls Water. Scott Bruce, Falls Water, stated they use Progressive also. The issue is the park being irrigated by surface water. He stated the frontage along Ammon Road is irrigated by Falls Water’s water, at the present time. It is metered and billed. We took the water rights from Bridgewater. Scott Bruce talked about the potential for the irrigation water. He inquired if there is an agreement that can be reached. Falls Water is providing the water and the City is not and they would like to see if it feasible to rent that water. Councilmember Bean stated the park will be sprinkled by Falls Water. Councilmember Bean inquired if it is their intention to meter that park. Scott said no. He explained the City would be using the irrigation water to water, but the homeowners would be watering through Falls Water. The City left it to the developer on how to get the water to the development. Councilmember Ellis stated if we are supplying the park and they are supplying domestic, why it can’t be left like that. Scott talked about the surface water rights and leasing the water back from the City. Ron stated we do not own the water rights, we have been transferred the control of the rights. It was discussed to have Scott draw up a contract lease, but take back if it ever supersedes theirs. 7. Animal Control Policies (Brian/Shawna): This item was tabled. 8. Upgrade Contract Wastewater Treatment Plant/Update Regional Sewer Authority (Ted Hendricks): Ted Hendricks talked about the hookup fees. He stated they would be $3600 including 2% interest. The only thing to bring it down would be if IBSD came in - it could then go to the low $3000’s. Hookup fees allow us to maintain the plant and Shelley has been changing theirs every year and is being beat up each year by the constituents. They recommend doing it once and raising the water to $40. $35 would not help build a reserve for future expenses. Hookup fees are important essential with substantial growth. The treatment plant alone could justify the $3600 let alone the maintenance expenses. The bidders on the first phase of the treatment plant were discussed and $20 million or $585,000 at a base bid. RSEI is the apparent bidder. They have checked the references and all are excellent. They received 3 bids and they were all very close. They would like to award all 3 alternates. The PCA construction of the treatment plant will pay 75% and Shelley will pay the balance of 25%. We get $1.2 -1.4 million from the State. Idaho earmarked $30 million for the project but each year depends on appropriation. The Authority awarded bids upon DEQ approval. We need a fee increase to keep pace. Ammon needs to put forth $7million of their bonds and then it is a go. Ted Hendricks talked about the judicial confirmation and the costs involved. He talked to Scott today and he is willing to facilitate it. Scott will take it before a judge to have it declared ordinary and necessary. Ted suggested hiring one bond attorney for both cities and one local attorney for both cities and have both entities split the costs equally. Ted explained Scott had a concern with the arbitration clause, but we cannot change it because it is with the Army Corp contract which is a government contract. Ammon needs to give their conditional approval of the contract and put up $7 million, contingent upon Shelley’s approval and DEQ’s approval. DEQ will have the final rubber stamp. He would like approval to move ahead with judicial confirmation. st 9. Misc.: Leslie talked about the ball diamond at Eagle Point that will be dedicated on the 21 of May at 6pm. She explained they would like to have someone there to cut the ribbon. nd Leslie explained Idaho Falls will be going through their daycare ordinance on the 22 of May. Leslie explained we do not have an ordinance or resolution for the water from last year. Ron stth talked about the proclamation. He explained it starts May 1 and ends September 30 every year. We would need to advertise every year. Ron suggested doing a display ad twice a year and it would be about $600 for the two times. Council concurred. Leslie stated Shawna has been warning junk cars and then they move it across the street. Leslie talked about getting an ordinance set up. Councilmember Bean inquired if they have to give a warning. He feels we need to just ticket them. Ron talked about the R2A, R3A, etc zones. He talked about the requirements that need to be met. He talked about pushing developers into a market that is not sellable. Why can’t we allow them to build town houses and have 5 owners instead of 24 renters? He would like some feedback on the issue. 4 05-08-08 Council Minutes – Work Session Councilmember Ellis talked about high density rentals being a problem and wants to push for higher density ownership. Lance stated Bill gave him a water and sewer reimbursement for the Founder’s Pointe upsize for $260,000. Most of it is to furnish and install the lines. It was discussed upsize is meant to pay for the pipe. He would like Council’s direction to go to Bill and have him direct cost for the pipe only. Lance talked about part of the bill changing from 12” plastic to 14” ductile iron. He doesn’t think we required that. It was discussed we did not. Lance explained he likes ductile iron because it lasts a long time. We should not pay for going from plastic to ductile. Council concurred to have Lance go to Bill and tell him the numbers are not correct. Councilmember Kirkham motioned to adjourn. The meeting adjourned at 7:05 p.m. ___________________________________________ C. Bruce Ard, Mayor ______________________________________ Leslie Folsom, City Clerk 5 05-08-08 Council Minutes – Work Session