Council Minutes 05/04/2006
CITY OF AMMON
CITY COUNCIL MINUTES
THURSDA Y, MA Y 4, 2006
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:
Mayor C. Bruce Ard
Councilmember Lee Bean
Councilmember Randy Waite
Councilmember Rex Thompson
City Administrator Bruce Rose
City Attorney Scott Hall
City Engineer Bill Manwill
City Planning Director Ron Folsom
City Clerk/Treasurer Diane Gempler
City Officials absent:
Councilmember Dana Kirkham
Councilmember Waite led the Pledl!e of Allel!iance to the Flal! and, Councilmember Bean offered a
oraver.
Minutes Aoril 20. 2006: Councilmember Thompson motioned to approve the April 20, 2006, Minutes as corrected.
Councilmember Waite seconded. Roll call vote: Councilmember Thompson - Yes, Councilmember Waite - Yes,
Councilmember Bean - Yes. The motion carried.
Items From the Mavor: Mayor Ard reported that Paul Johnson's term on the Building Department Board of
Appeals has expired. Mr. Johnson is willing to serve for another three-year term.
Councilmember Waite motioned to Appoint Paul Johnson to serve on the Building Department Board of
Appeals Through November 1, 2008. Councilmember Thompson seconded. Roll call vote: Councilmember Waite
- Yes, Councilmember Thompson - Yes, Councilmember Bean - Yes. The motion carried.
Consent Al!enda: Councilmember Bean motioned to approve the Consent Agenda. Councilmember Waite
seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Waite - Yes, Councilmember Thompson-
Yes. The motion carried
PUBLIC HEARINGS: None
PUBLIC COMMENT - ITEMS NOT ON AGENDA: None
ACTION ITEMS:
CottSl!es Develooer Punch List Al!reement: City Administrator Bruce Rose reported on the continued
development of the punch lists by the City Engineer and Public Works Staff.
City Engineer Bill Manwill reported that the four locations for storm drains to be installed have been
designated. Approximately $22,000 in inlet boxes and piping not included in initial designs for the subdivision will
be needed for maximum effectiveness of the drains. Mr. Manwill stressed that all of the swales still need to be put
in to mitigate the flooding potential. Mr. Manwill reviewed the areas affected by the water line leak (estimated cost
$31,000.00 and, other locations where streets were not crowned correctly, which must be corrected prior to the
City's acceptance ofthe improvements. The cost estimate for these repairs is $38,500. Total cost of all the repairs is
estimated at $91,500.00.
The Council discussed the information provided. Specific items discussed included: installation of drains
completed no later than May 31, 2006; completion of all other required repairs by July 31, 2006; requiring a
performance bond of $150,000; assumption of the cost of additional piping not included in the initial subdivision
designs.
Councilmember Bean motioned to enter into an agreement with George McDaniels of Foothill Properties
amending the Cottages Development Agreements; the developer will assume responsibility for the cost of the drains
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and, one-half the cost of the additional piping need; the developer will present the City with a $150,000 performance
bond no later than May 31, 2006; the developer will complete all other repairs in the development no later than July
31, 2006; if not completed 7/31/06 the Council will consider collecting the bond to complete the work; the
homeowner will be required to have drainage swales in place no later than September 30, 2006, certificates of
compliance will be issued upon approved compliance inspection; the developer will be granted a partial release of
the performance bond upon completion of the drains. Councilmember Waite seconded. Roll call vote:
Councilmember Bean - Yes, Councilmember Waite - Yes, Councilmember Thompson - Yes. The motion carried.
Gables HuUdine Addition - Amended Site Plan: City Planning Director Ron Folsom presented slides of the site
plan. The Gables is located at the comer of Curlew and Chasewood Drive. The Planning and Zoning reviewed the
plan at their May 3, 2006, meeting and recommend approval of the preliminary site plan.
The Council discussed the proposed amended site plan.
Councilmember Bean motioned to approve the Gables Building Addition preliminary amended site plan
requiring the fire lane to be marked as no entrance from Curlew, with no parking fire lane signs and curb striping.
Councilmember Waite seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Waite - Yes,
Councilmember Thompson - Yes. The motion carried.
Falls Water - Memorandum ofUnderstandine: The Council reviewed the proposed memorandum of
understanding regarding water service areas
Councilmember Waite motioned to approve the Falls Water Memorandum of Understanding regarding
water service areas as presented. Councilmember Thompson seconded. Roll call vote: Councilmember Waite--
Yes, Councilmember Thompson - Yes, Councilmember Bean - Yes. The motion carried.
Leeal Opinion Reeardine Revised Water Riehts Laws: City Attorney Scott Hall reported that he and City
Engineer Bill Manwill met with Kent Foster, water rights attorney. Mr. Foster is proposing a meeting ofthe heads
of Water Resources and Legislators with water providers, developers and users, to develop an interpretation that will
work for all.
Eneineerine Contract/Cost Estimate - Sunnvside Crossine: City Administrator Bruce Rose reported on the
proposed engineering contract and cost estimate for construction. The estimated costs of the project are $12,250 for
engineering services and $60,000 to $70,000.
The council discussed the proposed contract and cost estimates.
Councilmember Bean motioned to table consideration of the proposal to the May II, 2006, work session,
inviting the citizens to attend. Councilmember Thompson seconded. Roll call vote: Councilmember Bean - Yes,
Councilmember Thompson - Yes, Councilmember Waite - Yes. The motion carried.
Resolution #2006-003 - February 2007 Special Election - Six Member: Councilmember Bean
motioned to approve Resolution #2006-003, Declaring a Special Election to be held on February 2007, to ask the
citizens if they want to move to a six member City Council. Councilmember Waite seconded. Roll call vote:
Councilmember Bean - Yes, Councilmember Waite - Yes, Councilmember Thompson - Yes. The motion carried.
Adoption of Idaho Standards for Public Works Construction 2005 Edition: City Administrator Bruce Rose
reported on the receipt of the Idaho Standards for Public Works Construction 2005 Edition. City Engineer Bill
Manwill previously proposed the Council adopt the Standards as policy.
Councilmember Bean motioned to adopt the Idaho Standards for Public Works Construction 2005 Edition
effective immediately. Councilmember Waite seconded. Roll call vote: Councilmember Bean - Yes,
Councilmember Waite - Yes, Councilmember Thompson - Yes. The motion carried.
MISCELLANEOUS DISCUSSION ITEMS:
Fire District Proposal: Mayor Ard reported that Dick Fallery?, a member of the Fire District Board, approached
him asking about the City of Ammon providing services to the District that are currently provided by the City of
Idaho Falls. The Mayor informed Mr. Fallory? that the topic would be better addressed following appointment of a
full-time Fire Chief by the City of Ammon.
Title 8 Chapter 8 Revisions
City Administrator Bruce Rose asked the Council to review the proposed changes to Title 8, Chapter 8, to
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The Council discussed information and opinion provided by City Attorney Scott Hall with regard to ex
parte' communication and public hearing processes.
Councilmember Bean requested staff report as soon as possible regarding the expiration of franchise
agreements with Intermountain Gas and Cable One.
City Attorney Scott Hall reported that Kohl's attorney is requesting that the city release them from the
development agreement as soon as payment for the Signal Light is received by the City. The Council agrees to
release Kohl's from the development agreement when payment for the signal light is received and improvements as
designated on the site plan are completed.
Councilmember Bean motioned to adjourn to executive session to discuss pending litigation.
Councilmember Waite seconded. All in favor, the motion carried.
The meeting adjourned at 10:25 p.m.
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Diane B;Gempler, Clerk/Treasurer
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