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Council Minutes 04/06/2006 CITY OF AMMON CITY COUNCIL MINUTES THURSDA Y, APRIL 6, 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 Councilmember Dana Kirkham City Administrator Bruce Rose City Attorney Scott Hall City Engineer Bill Manwill City Planning Director Ron Folsom City Clerk/Treasurer Diane Gempler Mayor Ard led the Pled!!:e of Alle!!:iance to the Fla!!: and, Council member Waite offered a prayer. Minutes March 2 and March 16.2006: Councilmember Waite motioned to approve the March 2 and March 16, 2006, Minutes. Councilmember Thompson seconded. Roll call vote: Councilmember Waite - Yes, Councilmember Thompson - Yes, Councilmember Kirkham - Yes. The motion carried. Items From the Mavor: Mayor Ard introduced Ted Hendricks of The Development Company. Mr. Hendricks reported that the Governors Advisory Council will be meeting on April 18th and 19th to officially award the second grant to the Family Care Center/Pearl House. The $500,000 grant for water and sewer lines, etc. has been awarded and the engineers are ready to go out to bid. The bids on building are already out and are scheduled to be opened at the end of the month. Jeff Freiberg, of Harper-Leavitt, addressed the Council requesting authorization to let the bid for the grant. Work to be completed is installation of 10 inch water line beginning at Sunnyside south down Hitt Road and 12 inch water line one mile east on Township. The lines on Hitt Road will be placed in an easement on the east side ofHitt Road. The City ofIdaho Falls will not allow them to install the lines in the right-of-way. There will be a total of20 fire hydrants (one every 500 feet). A private lift station will also be installed for sewage to be pumped into the Idaho Falls pressure line in Hitt Road. The test well, previously approved, has been abandoned as it was producing silt and sand at 300 feet. The geologist reports that moving further to the west should produce clear (and more) water. City Engineer Bill Manwill recommended a test well as far west as they can go on the Family Care Center property. Drilling will be stopped sooner if same materials are encountered. If that site is abandoned, he suggests working with Woodbury to try farther North. It is possible that moving north would provide for a more productive well. Councilmember Waite motioned to publish the Ammon/Family Care Center water line project for bidding. Councilmember Thompson seconded. Roll call vote: Councilmember Waite - Yes, Councilmember Thompson- Yes, Councilmember Kirkham - Yes. Councilmember Bean - Yes. The motion carried Councilmember Kirkham motioned to authorize test well on Woodbury if they will agree, ifnot, as far west on the Family Care Center Property as possible, moving the 12 inch water line to Hitt Road as warranted. Councilmember Bean seconded. Roll call vote: Councilmember Kirkham - Yes, Councilmember Bean - Yes, Councilmember Thompson - Yes, Councilmember Waite - Yes. The motion carried. Ted Hendricks reported that on April 14th there will be a press Conference at Bonneville County with Senator Crapo and Representative Simpson announcing funding for the regional wastewater system. Consent Al!enda: Councilmember Bean motioned to approve the Consent Agenda with the exception of the salon at Liberty Square, which will require a Conditional Use Permit. Councilmember Waite seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Waite - Yes, Councilmember Kirkham - Yes, Councilmember Thompson - Yes. The motion carried City Council Minutes 04/6/2006 -- 1 PUBLIC HEARINGS: Amended FY 2006 Budl!et: Notice of the Hearing was published in the Post Register on March 2 and March 9, 2006. Mayor Ard opened the public hearing and swore in those individuals who desired to testify. City Administrator Bruce Rose explained the request for additional appropriations. The proposal is to appropriate funds from the corresponding reserves to all ow expenditure of $50,000, $10,000 from each of the General, Building Department, Water, Sewer and Sanitation Funds for the purposes of Information Technology and Website Development; $25,000 from the Building Department for an additional vehicle; and $225,789 from the Sanitation Fund for the purchase of the garbage truck ordered during fiscal year 2005 and ordering of an additional garbage truck, There was not any testimony opposed to the proposed appropriations. The Council discussed the requested FY2006 Budget Amendments. Mayor Ard closed the public hearing. Councilmember Bean motioned to the budget amendments as proposed. Councilmember Kirkham seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Kirkham - Yes, Councilmember Thompson - Yes, Councilmember Waite - Yes. The motion carried. PUBLIC COMMENT - ITEMS NOT ON AGENDA: None ACTION ITEMS: Cottal!es Developer Punch List Al!reement: City Engineer Bill Manwill reported on the status of the Punch List Agreement. Mountain River Engineering will be checking grade levels of the streets and reporting on the difference between design and grade. Items discussed with the developer are pavement repairs and, sidewalk repairs and construction. The locations for the French drains have not been determined at this time. The developer is aware that this is not all of the repairs that will be required. The Council discussed the repairs indicated to date. Staff was requested to proceed with drafting a formal agreement to include requiring a performance bond. Mountain River Engineering was requested to prepare a complete report of infrastructure that has not been instaIled according to specifications. Brooke Magelby, 5360 Lindee Lane, asked the Council how the homeowners are to be kept informed of where and when repairs to the infrastructure will be completed. Homeowners will be notified by the contractor(s) as individual projects proceed. Jackie Loop Request for Founders Pointe Preliminary Plat Modification: Planning Director Ron Folsom presented slides of the preliminary plat. Ms. Loop addressed the Council asking that Boulder Creek Lane be moved to enter the unplatted property east of hers from a different location. She does not want the street to enter at the current location, in part because it creates a triangular lot that cannot be developed. Alan Cunningham, 1020 Lincoln Road of Mountain River Engineering reported that the portion of plat in question is adjacent to Laurelwood subdivision. Under the annexation agreement, lots adjacent to Laurelwood are to be minimum of 1 acre. The preliminary plat has been designed to meet that criteria. The first lot east of Boulder Creek Lane is .8 acres and is not immediately adjacent to Laurelwood. Boulder Creek Lane was placed in the location represented on the preliminary plat in order to facilitate gravity feed ofthe sewer lines. The Council discussed the requested plat modification. Councilmember Bean motioned to decline the Founders Pointe Preliminary Plat Modification request. Councilmember Waite seconded. Roll caIl vote: Councilmember Bean - Yes, Councilmember Waite - Yes, Councilmember Kirkham - Yes, Councilmember Thompson - Yes. The motion carried. Bridl!ewater Preliminarv Plat: City Planning Director Ron Folsom presented slides of the location, vicinity and preliminary plat. The property is located west of Ammon Road, east of Sandcreek, south of Lincoln Road and north of the FoxhoIlow addition to the City of Ammon and Lawndale estates. Alan Cunningham, 1020 Lincoln Road of Mountain River Engineering, presented the proposed preliminary plat for the developer. The Council discussed the preliminary plat and the annexation agreement for this property. Specifics discussed included the need for additional parks and provision of water service by Falls Water City Council Minutes 04/6/2006 -- 2 Councilmember Kirkham motioned to table the Bridgewater Preliminary Plat until the annexation agreement is completed. Councilmember Thompson seconded. Roll call vote: Councilmember Kirkham - Yes, Councilmember Thompson - Yes, Councilmember Waite - Yes, Councilmember Bean - Yes. The motion carried. Ammonside Division #1 151 Amended Plat and Amended Development Al!reement: City Planning Director Ron Folsom presented slides of the location, vicinity and proposed amended plat. The property is located at the southeast comer of Sunnyside and Hitt Road. The requested plat amendment reflects the removal of the deceleration lane as discussed. The amendment to the Development Agreement removes the deceleration lane requirement and includes a fixed amount ($125,000) contribution towards the planned signal light at the intersection of Eagle Drive and Sunnyside. The Council discussed the proposed plat and development agreement amendments. Councilmember Bean motioned to approve the Amended Development Agreement with the contribution to the signal light to be payable on execution. Councilmember Kirkham seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Kirkham - Yes, Councilmember Thompson - Yes, Councilmember Waite - Yes. The motion carried. Councilmember Bean motioned to approve the Ammonside Division # 1 First Amended Plat effective upon execution of the Amended Development Agreement. Councilmember Kirkham seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Kirkham - Yes, Councilmember Thompson - Yes, Councilmember Waite - Yes. The motion carried. Ammon Park Center Division #1151 Amended Plat: City Planning Director Ron Folsom presented slides of the location, vicinity and proposed amended plat. The property is located at the northeast comer of East 17th and Midway A venue. The Planning and Zoning Commission voted unanimously to recommend approval of the amended plat. The Council discussed the proposed amended plat. Councilmember Bean motioned to approve the Ammon Park Center Division #1 151 Amended Plat as presented. Councilmember Waite seconded. Roll call vote: Councilmember bean - Yes, Councilmember Waite- Yes, Councilmember Kirkham - Yes, Councilmember Thompson - Yes. The motion carried. Ammon Park Center Buildinl! #1 Preliminary Site Plan: City Planning Director Ron Folsom presented slides of the location, vicinity and proposed preliminary site plan. The property is located at the northeast comer of East 17th and Midway Avenue. Planning and Zoning has reviewed the preliminary site plan and recommends approval. The Council discussed the proposed preliminary site plan. Councilmember Bean motioned to approve the Ammon Park Center Building # I Preliminary Site Plan as presented. Councilmember Waite seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Waite- Yes, Councilmember Kirkham - Yes, Councilmember Thompson - Yes. The motion carried. Ratliff Amended Annexation Al!reement: City Planning Director Ron Folsom presented the proposed amended agreement. Mr. Ratliffwould like to pay his portion of the water lines being installed by the City at this time rather than at the time of platting. City Engineer Bill Manwill reported the comparative amounts: actual pro-rated cost under the contract with H-K and, footage fees under the current resolution for existing infrastructure. Councilmember Kirkham motioned to approve the Ratliff Amended Annexation Agreement defining the frontage fees to be paid for the water line, $77,101 from Mr. RatJiffand $57,159 from Walgreen's. Councilmember Bean seconded. Roll call vote: Councilmember Kirkham - Yes, Councilmember Bean - Yes, Councilmember Thompson - Yes, Councilmember Waite - Yes. The motion carried. Well #6 Phase III Upl!rade Chanl!e Order: Public Works Administrator Rick Williams reported on the work that was necessary to complete the project. Councilmember Bean motioned to ratify the Well #6 Phase III Upgrade Change Order. Councilmember Kirkham seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Kirkham - Yes, Councilmember Thompson - Yes, Councilmember Waite - Yes. The motion carried. Well #7 Well House Construction Chanl!e Order: Public Works Administrator Rick Williams reported that additional electrical work was needed in reinstalling the service for the well that was not included in the bid for the building construction. City Council Minutes 04/6/2006 -- 3 Councilmember Bean motioned to approve the Well#7 well house Construction Change Order. Councilmember Waite seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Waite - Yes, Councilmember Kirkham - Yes, Councilmember Thompson - Yes. The motion carried. Ratifv Well #7 Rehabilitation/UPl!rade Proiect: Public Works Administrator Rick Williams reported on the work that has been completed and is in process to upgrade Well #7 to full production capacity. Councilmember Kirkham motioned to ratify the Well #7 RehabilitationlUpgrade Project. Councilmember Waite seconded. Roll call vote: Councilmember Kirkham - Yes, Councilmember Waite - Yes, Councilmember Bean - Yes, Councilmember Thompson - Yes. The motion carried. Ordinance #387 - Ratliff Rezone RI-A to CC-l and RI-A to PB: Councilmember Bean read Ordinance #387, AN ORDINANCE TO AMEND THE ZONING CLASSIFICATION AND THE ZONING MAP FOR CERTAIN LANDS LOCATED WITHIN THE CITY OF AMMON; PARTICULARLY DESCRIBING SAID LANDS AND DECLARING THE CLASSIFICATION OF ZONING FOR EACH SUCH PARCEL OF LAND; PROVIDING FOR AN EFFECTIVE DATE. (Ratliff Re-Zone Change from Rl-A to CC-l on Property South of John Adams Parkway (described as Parcell) and from Rl-A to PB North of John Adams Parkway (described as Parcel 2)) by title and motioned that City Council dispense with the rule requiring the reading of the ordinance on three different days and that the three readings be waived. Councilmember Thompson seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Thompson - Yes, Councilmember Waite - Yes, Councilmember Kirkham - Yes. The motion carried. Councilmember Bean read Ordinance #387, AN ORDINANCE TO AMEND THE ZONING CLASSIFICATION AND THE ZONING MAP FOR CERTAIN LANDS LOCATED WITHIN THE CITY OF AMMON; PARTICULARLY DESCRIBING SAID LANDS AND DECLARING THE CLASSIFICATION OF ZONING FOR EACH SUCH PARCEL OF LAND; PROVIDING FOR AN EFFECTIVE DATE. (RatliffRe-Zone Change from Rl-A to CC-l on Property South of John Adams Parkway (described as Parcell) and from Rl-A to PB North of John Adams Parkway (described as Parcel 2)) by title and motioned to adopt Ordinance #387 as an ordinance of the City of Ammon on its third and final reading. Councilmember Thompson seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Thompson - Yes, Councilmember Waite - Yes, Councilmember Kirkham - Yes. The motion carried. Ordinance #388 - Correction Mesa Lorna II Annexation: Councilmember Kirkham read Ordinance #388, AN ORDINANCE CORRECTING ORDINANCE NO. 355 AS THE RESULT OF AN INCORRECT LEGAL DESCRIPTION WHICH ANNEXED CERTAIN LANDS TO THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO; DESCRIBING WITH PARTICULARITY SAID CORRECTED LEGAL DISCRIPTION TO LAND ANNEXED INCLUDING THE ZONE THERETO AND PROVIDING FOR AN EFFECTIVE DATE. (MESA LOMA II) by title and motioned that City Council dispense with the rule requiring the reading of the ordinance on three different days and that the three readings be waived. Councilmember Thompson seconded. Roll call vote: Councilmember Kirkham - Yes, Councilmember Thompson - Yes, Council member Waite - Yes, Councilmember Bean - Yes. The motion carried. Councilmember Kirkham read Ordinance #388, AN ORDINANCE CORRECTING ORDINANCE NO. 355 AS THE RESULT OF AN INCORRECT LEGAL DESCRIPTION WHICH ANNEXED CERTAIN LANDS TO THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO; DESCRIBING WITH PARTICULARITY SAID CORRECTED LEGAL DISCRIPTION TO LAND ANNEXED INCLUDING THE ZONE THERETO AND PROVIDING FOR AN EFFECTIVE DATE. (MESA LOMA II) by title and motioned to adopt Ordinance #388 as an ordinance of the City of Ammon on its third and final reading. Councilmember Thompson seconded. Roll call vote: Councilmember Kirkham - Yes, Councilmember Thompson - Yes, Councilmember Waite - Yes, Councilmember Bean - Yes. The motion carried. Ordinance #391': Councilmember Thompson read Ordinance #391, AN ORDINANCE TO AMEND THE ZONING CLASSIFICATION AND THE ZONING MAP FOR CERTAIN LANDS LOCATED WITHIN THE CITY OF AMMON; PARTICULARLY DESCRIBING SAID LANDS AND DECLARING THE CLASSIFICATION OF ZONING FOR EACH SUCH PARCEL OF LAND; PROVIDING FOR AN EFFECTIVE DA TE. (Sunnyside Automotive Property) by title and motioned that City Council dispense with the rule requiring the reading of the ordinance on three different days and that the three readings be waived. Councilmember Waite seconded. Roll call vote: Councilmember Thompson - Yes, Councilmember Waite - Yes, Councilmember Kirkham - Yes, Councilmember Bean - Yes. The motion carried. Councilmember Thompson read Ordinance #391 AN ORDINANCE TO AMEND THE ZONING CLASSIFICATION AND THE ZONING MAP FOR CERTAIN LANDS LOCATED WITHIN THE CITY OF City Council Minutes 04/6/2006 -- 4 AMMON; PARTICULARLY DESCRIBING SAID LANDS AND DECLARING THE CLASSIFICATION OF ZONING FOR EACH SUCH PARCEL OF LAND; PROVIDING FOR AN EFFECTIVE DATE. (Sunnyside Automotive Property) by title and motioned to adopt Ordinance #383 as an ordinance of the City of Ammon on its third and final reading. Councilmember Waite seconded. Roll call vote: Councilmember Thompson - Yes, Councilmember Waite - Yes, Councilmember Kirkham - Yes, Councilmember Bean - Yes. The motion carried. Subdivision Acceptance Criteria: City Engineer Bill Manwill presented information regarding the specifications. He recommends: 1) Adoption of the Idaho Standards for Public Works Construction, as interpreted by the City Engineer; 2) Adoption of the City ofIdaho Falls Standard Improvement Drawings; 3) Adoption of an Improvement Inspection Fee Schedule; 4) Requiring a P.E. Certification of Conformance upon completion of work; 5) Requiring of submission of "as built" drawings; and 6) Requiring a final drive-through inspection by the City Engineer and Public Works Administrator. Miscellaneous Discussion Items: Mayor Ard asked the Council to consider taking steps to offer services outside of city limits. At such time as the regional wastewater project is completed it will be necessary for the City to offer services to properties with access to the lines. City Clerk/Treasurer Diane Gempler reported that both the Ordinance creating the sewer services offered by the City and, the utility fee resolution, include provisions for services outside of the City Limits. City Administrator Bruce Rose reported that the Cottages swale project has been scheduled for May 6th. At the last committee meeting a liability release drafted by City Attorney Scott Hall was discussed. The Committee members have objected to signing the release. Further discussion of the issue revealed that residents are concerned that natural gas lines are too shallow and they do not wish to take on liability if a line is broken. The Council discussed the issue and cancelled the project. Brooke MageIby, 5360 Lindee Lane, addressed the Council. She is concerned that another drainage issue is being created in Quail Ridge. Mr. McDaniels is attempting to sell a lot (next to the Parker's) which was platted to be a park/green space area, for construction. Run off drains through the lot and any building there would be subject to flooding. The Council directed Public Works Administrator Rick Williams check into the situation and report back to the Council. Councilmember Bean motioned to adjourn to executive. Councilmember Thompson seconded. All in favor, the motion carried. The meeting adjourned at 11 :25 p.m. /-./-~ '-', {'/ . ~ \~~'"L .. C.BrureAr , Ma or - 'I City Council Minutes 04/6/2006 -- 5