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Council Minutes 9/12/2006 (35) CITY OF AMMON March 2, 2000 I Minutes of the Public Hearing and the Regular Meeting of the Mayor and City Council: The meeting was called to order by Mayor C. Bruce 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 W. Lee Bean Councilmember Harvey L. Crandall Councilmember Ira K. Hall Council member Leslie Folsom Attorney Brian Tucker Engineer Bill Manwill Public Works Director David Wadsworth City Clerk Aleen C. Jensen Others Present: Steve Chichinsky, Jackson, Wyoming LeMoyne Johnston, 3700 E. 1ih Street, Idaho Falls, Idaho Kurt Roland, 350 N. 2nd E., Rexburg, Idaho Roger Greaves, 350 N. 2nd E., Rexburg, Idaho Tom and David Hunsaker, 2925 Carolyn Lane, Ammon, Idaho Gary L. and Laraine Sant, 3665 Marlene Street, Ammon, Idaho Roger Hill, 5319 East Lincoln Road, Idaho Falls, Idaho Robert Webster, 3590 Ross Avenue, Ammon Absent: W. Joe Anderson I Council member Bean led the Pledge of Allegiance to the Flag, and Council member Hall offered a prayer. Roger Greaves and Kurt Roland of Forsgren Associates, 350 North Second East, Rexburg, Idaho, came to the meeting to introduce themselves. They are available for service to the City of Ammon. Major projects they have been involved with are water, wastewater, and infrastructure. Mayor Ard opened the Public Hearing to consider the request of Steve Chichinsky for a Conditional Use Permit for a Planned Unit Development (PUD), Greenfield Park Twin Homes/Greenfield Town Homes. The proposed development is located on the southeast corner of the intersection of 17th Street and Ammon Road. The Planning and Zoning Commission considered the request at their meeting on November 3, 1999. Notice of Hearing before the City Council acting as the Board of Adjustment was published in the Post Register on February 15 and 22, 2000. Notices of the hearing were mailed to property owners within three hundred (300) feet and to other interested parties. All parties in interest were sworn in to present testimony during the hearing. I Steve Chichinsky of Jackson, Wyoming, explained he purchased the property from Fred and Wanda Karford last fall. He is making plans to develop the property and he wants approval to go ahead. The development should be a good addition to the community, and it includes open space, recreational facilities, forty (40) feet wide streets, and landscaping. Tom Hunsaker discussed the Planning and Zoning Commission's recommendation. The Commission did not review the plans extensively. They did make sure the development agreement, which was signed by the Karfords, will be followed, and the plans conform to the zoning requirements. The R-2 parcel will be developed with twin homes, and the R-3A parcel will be developed with eight blocks of four units. Chichinsky plans to build all the units and sell them to individuals. The time frame is about 2003. There will be a homeowners association. The City Council Meeting, March 2, 2000 - Page 2 I yearly dues of the association will pay for the maintenance and upkeep of the property. The clubhouse and the open space will be a part of the actual development. There will be some flexibility in the homeowners association. Chichinsky has not done a residential PUD. He has a background in commercial development. He is an investor. He puts all the details together and builds a map. He hires people to follow all the instructions and to follow the regulations. He wants to create a community that people can come in and enjoy themselves. Harper-Leavitt has done the engineering, and they have followed the development agreement and City Code 10-7-1, Planned Unit Developments. Plans for the individual units were reviewed. The open space exceeds 10%. One time it was considered this property would be developed as a gated community. Chichinsky prefers not to have a gated community. However, the PUD means the developer will be responsible to maintain the roads, the water, and the sewer. This will be accomplished with a homeowners association fee. It is hoped to get ten years out of the road and a minimum of five years out of painting. Exterior of the units will be stained wood siding. The developer will construct the infrastructure and then will proceed to build from that. It is more cost effective. There will be sixty twin homes and thirty-two town homes for a total of ninety-two units. I Drainage was discussed. Gary Sant, 3665 Marlene Street, has obtained a court judgement that addresses the drainage. The judgement states that no non-irrigation water will enter Little Sand Creek. The judgement is on Fred Karford, and it applies to this sale. It protects Sant's water rights. There will be no drainage off the property except for some into Ammon Road. Plans do not include curb and gutter. Lemoyne Johnston, 3700 East 1 ih Street, stated he did not have any objection to the proposal. Steve Chichinsky seems to be easy to talk to and to discuss the things he is doing. As long as he is willing to work with the adjacent property owners, they will work with him. Laraine Sant, 3665 Marlene Street, inquired about the zoning and the difference between R-2 and R-1A. She is struggling with the PUD, especially since the Code states the intent is to encourage construction of rental units. The owner does not intend to retain ownership and to rent the twin homes. He intends to build and to sell. Plans are to develop with a PUD in order to create a nice piece of property and to have control about the way it looks. The goal is to develop and get a return on the investment. Major concern is maintenance. There will be guidelines. Council member Bean asked Engineer Manwill if there are the necessary setbacks to provide the city the opportunity to widen the road when needed. There needs to be a fifty (50) feet right-of-way on 17th Street. Ammon Road has eighty (80) feet right-of-way. There is much concern about making sure that the project is completed. Councilmember Bean asked how the developer felt about bonding. He did not have an objection to a performance bond. Gary Sant asked that the development agreement or the building permit cover drainage. He was interested in protecting his water rights. The irrigation ditches can be worked with. I Mayor Ard closed the Public Hearing. Council member Bean moved to approve a Conditional Use Permit for a PUD subject to the following: (1) The Council sees and approves the restrictive covenants, and the restrictive covenants then become a part of the development agreement which provides the city with the opportunity to come in and enforce those restrictive covenants at the cost of the homeowners or property owners if that becomes necessary. (2) Subject to review and approval of the final plans with specific adjustments for the 50 foot right-of-way, to making sure the drainage is all maintained on the same property with no drainage going into the ditches, and all irrigation remains unchanged. (3) Subject to performance bonding sufficient to cover the total cost of the infrastructure which would include, at least and not necessarily totally, the water and sewer City Council Meeting, March 2, 2000 - Page 3 lines, the asphalt streets, any drainage, utilities, and electricity including street lights or all internal lighting. Councilmember Hall seconded the motion. Roll call vote: Bean - Yes; Hall - Yes; Crandall- Yes; Folsom - Yes. The motion carried unanimously. The motion was clarified for the developer. Once all of the conditions are met there is no reason to not issue a building permit. Everything should be submitted to the Council for review within the next ninety days. The performance bond will be required at the time a building permit is requested. I Roger Hill represented Joint School District No. 93. Michael McQuain is the Public Information Officer. Roger replaced Glenn Peterson as Director of Support Services. It is time for the School Officials and the City Officials to talk. The Mayor and City Council were invited to a luncheon meeting with Roger Hill and the Superintendent on Thursday, March 9 at noon at the School Administration Building. Council member Hall moved to approve the minutes of City Council Meeting held December 16, 1999. Councilmember Crandall seconded the motion. Roll call vote: Hall - Yes; Crandall- Yes; Folsom - Yes; Bean - Yes. The motion carried unanimously. Council member Hall moved to approve the minutes of City Council Meeting held January 6, 2000. Council member Folsom seconded the motion. Roll call vote: Hall - Yes; Folsom - Yes; Bean - Yes; Crandall- Yes. The motion carried unanimously. I The minutes of January 20, 2000 were discussed. The 24-Hour Day Care Center has applied for a Conditional Use Permit to operate a facility at 2155 Midway. Information has been taken to Attorney Anderson to prepare an ordinance on massage therapy. It is anticipated that all the approvals will be obtained for BMPO to do a traffic study on Owen Street. The study will take about three months. Council member Hall moved to approve the minutes of City Council Meeting held January 20, 2000. Council member Bean seconded the motion. Roll call vote: Hall- Yes; Bean - Yes; Crandall- Yes; Folsom - Yes. The motion carried unanimously. Regarding the minutes of City Council Meeting held February 3, 2000, there was a complaint about the vehicles parked at 2000 Curlew. Council member Hall visited the property on Curlew and he did not find a problem. He recommended to the City Council that no action be taken on the complaint. The Council confirmed that no action would be taken. Councilmember Hall moved to approve the minutes of City Council meeting held February 3,2000. Councilmember Folsom seconded the motion. Roll call vote: Hall - Yes; Folsom - Yes; Bean - Yes; Crandall- Yes. The motion carried unanimously. Larry Schuldt, former building inspector, submitted a bill to the city in the amount of $12,708.09 for plan checks and building inspections he performed during his tenure with the City. The records have been reviewed and a majority of the services had been paid for. There was one permit for approximately $3,000 which was not paid, but a review of the records show he was over paid on other permits. He was either paid, there was no record of an inspection, or the County was paid for completing the inspection. It appears he owes the City. Councilmember Hall moved to inform Larry Schuldt that we do not owe him any money, and if it comes push to shove, he would owe the City money so we will take no action on the bill if he doesn't pursue it. If he does, we will go for the extra money that he owes us. Councilmember Crandall seconded the motion. Roll call vote: Hall - Yes; Crandall- Yes; Folsom - Yes; Bean - Yes. The motion carried unanimously. I Mayor Ard talked with the Fire Chief Clarence Nelson. He needs to have a check for the meals for the two firemen who are leaving tomorrow to attend the National Fire Academy. The Fire Department is planning an Easter Egg Hunt for the Saturday before Easter. They would like the City to participate in the activity, and they have requested $150.00. The Council agreed to the expenditure. Reports: David Wadsworth reported for Public Works. He has discussed with Morgan Construction about resurfacing the swimming pool. The District Seven Health Department advised we could not enlarge the present pool. We would have to have two separate pools with two separate pumps and two separate buildings. It has been too wet to get into Well No. 5 to work on it. City Council Meeting, March 2, 2000 - Page 4 Brian Tucker reported that he had collected on the insufficient funds check in the amount of $594.00, which was issued for swimming lessons. Skidmore has been contacted about paying his share of costs for paving Maiben Avenue. He indicated he did not have the money to pay. The Council instructed the attorney to initiate action to collect $4995.45 plus 8% interest. Also, there is a problem with collecting for the sewer service at Skidmore's trailer park on the corner of Hitt Road and Sunnyside Road. The Attorney and the City Office agreed to increase collection efforts. I Councilmember Crandall commented on a discussion with the Mayor of lona. There was interest in the process City of Ammon went through with the W.L. Judy Farm annexation and manufactured housing. lona is amending their manufactured home ordinance to the effect that the density of manufactured housing communities could not be more than four units per acre. Councilmember Crandall suggested that Ammon consider changes so that we do not become a magnet for manufactured housing developments. Council member Bean commented on budget figures. The Fire Department is over budget on equipment repairs. Some of their problem is because of the extensive repairs to one of the fire trucks. The Council discussed city expenditures and encouraged careful use of City funds. Lemoyne Johnston called attention to the Census 2000. The postal workers are concerned about whether or not people will be missed because of the way the forms are being mailed. The City should promote completion of the Census forms to insure a good count. Engineer Manwill discussed the Sunnyside Road Improvement Project and he brought the Council up to date. Idaho Transportation received positive input at the recent hearings. City of Ammon's portion of the project is scheduled for 2002. Completion date for the total project is 2005. Engineer Manwill and Public Works Director Wadsworth have been looking at right-of-way needs for Ammon. I Claims were approved. Council member Folsom moved to go into an Executive Session to discuss health insurance for the City employees. Councilmember Crandall seconded the motion. Voting was unanimous in favor. The meeting was adjourned to an Executive Session. Q~ ATTEST City Clerk I