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3/5/1998 Council Minutes 183 March 5, 1998 CITY OF AMMON March 5, 1998 Minutes of the Regular Meeting of the Mayor and City Council: The meeting was called to order Building, 2135 South Ammon Road, present: Mayor C. Bruce Ard Councilmember W. Lee Bean Councilmember Sherrill C. Bohn Councilmember Harvey L. Crandall Councilmember Ira K. Hall by Mayor C. Bruce Ard at 7: 30 P.M. in the City Ammon, Idaho, with the following City Officials Attorney Brian Tucker Engineer David E. Benton Public Works Director David Wadsworth City Clerk Aleen C. Jensen Others Present: Justin and Brandon Burton Garrett Moulton Steve Johnston Jeremy Butler Richard Dare, Mountain River Engineering Bill Manwill, Bonneville County Engineer Brad Pickett, Developer of Amended Pheasant Estates Robert Farrow, Assistant Fire Chief I Absent: Attorney W. Joe Anderson The Pledge of Allegiance to the Flag was directed by Mayor Ard, and Councilmember Crandall offered the invocation. Mayor Ard welcomed the Scouts. At the first meeting in January when the newly elected officia~ took the Oath of Office, Councilmember Hall was out of state. He subscribed to the Oath of Office before a Notary Public in Florida on February 6, 1998. In order to establish an official record, City Clerk Aleen Jensen administered the Oath of Office for Councilmember to Ira Kimball Hall. Councilmember Hall again subscribed to the oa.th and he was presented a Certificate of Election. Councilmember Bohn moved to approve the minutes of City Council Meeting held February 19, 1998. The motion was seconded by Councilmember Crandall. Roll call vote: Bohn - Yes; Crandall - Yes; Hall - Yes. Councilmember Bean had not arrived at the meeting when the motion was made and the vote taken. The motion carried. I Brad Pickett explained his plans to take over development of Pheasant Estates Phase III as set up by Sandcreek Enterprises and approved with Michael Armstrong as the representative/contractor. All agreements, covenants, etc. will remain as previously approved. Amended plans are to reduce the number of units in the development. Some changes are planned for the buildings. Brad Pickett will be the key person until the development is complete and then the homeowners' association will take over. An agreement with the land owners specifies all improvements (streets, etc.) are to be completed by December 1998. The total development is planned as a five year proj ect. Details of the proj ect were discussed. The project will be developed as private property. The Council expressed concern that the homeowners and the City be protected. A development agreement does not apply for private property. The home owners are protected by the agreements and covenants which are already in place. This phase will be developed with townhouses (individually owned) rather than condos. There has been a change in the amended plot plan as reviewed by the Planning and Zoning Commission on February 11, 1998, and approved by the City Council on February 19, 1998. No development was planned for Lot 103, but it is now proposed to build Units 103 and 104 on this lot. Councilmember Hall moved to accept the plot plan for Pheasant Estates Townhouses with the addition of Units 103 and 104 as proposed. The motion was seconded by Councilmember Crandall. Roll call vote: Hall - Yes; Crandall - Yes; Bean - Yes; Bohn - Yes. The motion carried unanimously. Dick Dare of Mountain River Engineering presented the ~econd Amended Plat of Ammon Town Center, Division No.1. This is a replat of Lots 11 and 12, Block 1, First Amended Plat of Ammon T01l>m Center, Division No. 1. The second amendment is a re- configurati~n of lot lines for tax assessment purposes. The Planning and Zoning Commission recommended approval of the amended plat. Councilmember Hall questioned whether or not the Urban Renewal Agency approved the amendment. Councilmember Hall moved to accept the Second Amended Plat of Ammon Town Center, Division No. 1 for the division of lots subject to acknowledgement that the Urban Renewal Agency does not have a problem with the amendment. The motion was seconded by Councilmember Bohn. Roll call vote: Hall - Yes; Hohn - Yes; Bean - Yes; Crandall - Yes. The motion carried unanimously. I Engineer David E. Benton stated he represented Jay Johnson, the developer, and not the City of Ammon. He presented a development agreement for Stonehaven Divisions I I I 184 March 5. 1998 No. 3 and No.4. An annexation and development agreement has been signed and recorded for Divisions No. 1 and No.2. A separate development agreement has not been completed for Division No. 3 so the agreement. which was presented. combines Divisions No. 3 and No.4. Councilmember Bean recommended that the development agreement be reviewed by our legal counsel before the Council approves it. Attorney Brian Tucker agreed to review the development agreement and to report back~ at next Council Meeting. Action on the development agreement for Stonehaven'; Divisions No. 3 and No. 4 was tabled. (The City file for Stonehaven contains the e annexation and development agreement for Stonehaven Divisions No. 1 and No.2. It ~ also specifies the unplatted parcel which would cover Division No.3. It is signed 3 . and recorded as Instrument No. 945701.) It was further recommended that building ~ ~ permits should not be issued until the development agreement for the division is ~ ~ complete. ~ ~ I ,.d~ With all the annexations and zoning under consideration, Councilmember Hall re- gf.gb commended that it is time for the City to do some long range planning for streets g~ and another well. ~~ ,.d. bOO Engineer Benton represented Big Tree Corporation and introduced the development;8e agreement for Tie Breaker Division No. 10. Robert Suitter is President of Big Tree m~ Corporation. Division No. 10 involves the proposed John Adams Parkway which is Ul g planned for a right-of-way of eighty feet. The original annexation agreement, ~ ~ which was signed by Russ Wallace when Tie Breaker was annexed to Ammon, states any ~~ street with more than a right-of~way of sixty feet is not the responsibility of the ~.gb developer. A discussion followed on the City's participation in John Adams t.~ Ul Parkway. Engineer Benton explained there are two ways to develop a street with ~ a right-of-way of eighty feet. The City can allow the developer to construct a ~ m street with a right-of-way of sixty feet with forty-three feet of pavement. Or, ~ g the City can pay for the extra twenty feet of pavement. Councilmembers pointed ~ Q) bO out that it would be advantageous for traffic flow to have a wide street from Ammon ~ m Road to Hitt Road. Bonneville County Engineer Bill Manwill explained that wide ~.~ ~ m roads often create problems and, when traffic does not generate much use of a wide Q) ~ road, the construction deteriorates. It was agreed that it would be some time in O~ ~~ the future before John Adams Parkway would need to be eighty feet wide. John Adams ,.d 0 Parkway is planned for in the master plan. Division No. 10 is all north of the ~ ~ ~ proposed John Adams Parkway. Drainage of the area was discussed. Mayor Ard m ~ ,.dO recommended the ('<>nt"<>-r nf thi' ~tri'i't haui' a bigh Q1.lo1.lgb cnmR to provide fer geed ~ ~ draiBaga. Councilmember Bean moved to maintain a right-of-way of eighty feet for I John Adams Parkway but to allow the road to be developed at this time with forty- 00 0\ three feet of pavement and to table the development agreeement for Tie Breaker- 0\ Division No. 10 until the attorney reviews it. The motion was seconded by...... - Councilmember Crandall. Roll call vote: Bean - Yes; Crandall - Yes; Bohn - Yes; ~ Hall - Yes. The motion carried unanimously. ~ o .,-l Mayor Ard explained that Steven J. Loveland needs to be replaced on the Urban ~ Renewal Agency Board. It has been requested that a member of the City Council with ~ financial background be appointed to fill the vacancy. Councilmember Crandall ~ moved to appoint Councilmember Lee Bean to fill the vacancy on the Urban Renewal U Agency Board. The motion was seconded by Councilmember Hall. Roll call vote: Crandall- Yes; Hall - Yes; Bohn - Yes; Bean - Abstained. The motion carried. Mayor Ard discussed participation in Targhee Regional Public Transportation Autho- rity (TRPTA). A representative from the City of Ammon needs to be appointed to fill the vacancy created by the resignation of Russell Swensen. It would be advantageous to appoint someone who has a definite interest in the program. Two suggestions were DeeOn Waters and Dwight Whittaker. Bonneville Metropolitan Planning Organization (BMPO) is working on a FY99 grant application for TRPTA. A letter of intent to budget funds from each of the TRPTA participating entities must be received by the TRPTA Governing Board before legal counsel can sign the Opinion of Counsel. The Opinion of Counsel attests to the legal and financial ability of TRPTA to carry out proj ects. and it must accompany the grant application. The TRPTA program was discussed. It seems costly to participate, but it provides a beneficial service. Councilmember Cramall moved to provide in the fiscal year 1999 budget $6000 for participation in the public transportation program. The motion was seconded by Councilmember Bohn. Roll call vote: Crandall - Yes; Bohn - Yes; Bean - Yes; Hall - Yes. The motion carried unanimously. Councilmember Bohn asked about the possibility of the Fire Department getting a portion of the plan check fee for commercial buildings. The Fire Department gets involved in checking building plans, making inspections during construction, and making safety inspections throughout the year. Building permit fees for Staples and Circuit City were reviewed. The suggested two percent of the plan check fee retained by the City would not give the Fire Department a great deal of revenue. Another suggestion to generate revenue was to assess an annual fire protection fee. It was decided to research fee ideas further. 185 March 5, 1998 The final plat of Stonehaven Division No.5 was presented for approval. The Planning and Zoning Connnission reviewed the final plat and reconnnended approval. Engineer Benton explained that Jay Johnson has asked that the City give consideration on the lift station. He has built the lift station so it will serve the whole quarter section from Hitt Road on the west to the canal on the east side of his property except for the north 900 feet. This lift station will serve approximately 100 acres. The last paragraph of the development agreement for Stonehaven Division No. 5 addresses recouping costs from anyone who benefits from the sewer lift station. Jay Johnson is asking the City to collect from other developers to help reimburse him. The lift station was built at a cost of $55,000 which means about $550 per acre. Fifty-four acres of Johnson's property benefits and about forty-six acres of other property will benefit. The Council agreed that anyone who receives a benefit should participate in the cost. The maximum the City of Ammon will agree to collect from developers to reimburse Jay Johnson is $25,300. If the City acquires park property, they should be excluded from paying $550 per acre for the lift station. Counci1member Hall moved to approve the final plat for Stonehaven Division No. 5 subject to an acceptable development agreement. The motion was seconded by Counci1member Bean. Roll call vote: Hall - Yes; Bean - Yes; Bohn - Yes; Crandall - Yes. The motion carried unanimously. Development should not start until the approved development agreement is in place. I Reports: David Wadsworth reported for Public Works. Well No.2 went down. It has been video taped to help diagnose the problem. The results of the video tape were explained for the Council. We need to go to a smaller size bowl unit which will reduce the water flow. Water distribution from the wells and how to maintain adequate pressure was discussed. Some improvements are underway for the recycling area. A proposed street maintenance schedule was presented. There are lots of cracks developing in the streets because of the winter weather. When the ground dries up, some of the cracks will disappear. Attorney Brian Tucker advised he has been sending informational reports to keep the City posted about his activities. Attorney Anderson should be back on Monday. Jennifer Oswald plans to manage the Annnon Swinnning Pool again this season. She will work out the details to present to the Council. Counci1member Bohn reported that the fire siren will be quiet except for the test I on Mondays at noon. Pagers will alert the firemen to respond to fire calls. A proposal has been submitted to Crapo's office in Washington D. C. to get funds for a fire station and a connnunity resource center. Jeff Sunnners of E.C.I.P.D. plans to start work on the survey for a fire station block grant during the first part of April. Counci1member Hall asked for an update of activities while he was out of town. City Clerk Jensen called attention to the ~ant deadline from CHC Foundation. A grant application for playground equipment in Lions' Park should be prepared based on the playground equipment ordered for McCowin Park. The deadline for the CHC Foundation grant application is March 20. Chief Clarence Nelson reported for the Fire Department. Donations of $3,380 have been received as of February 28 from the letters the department mailed to all the residents. Input was requested from the Council about requiring new businesses to install a Knox Box. It is a system to access a building in an emergency without waiting for someone to come with a key. The idea was discussed.. Chief Nelson explained how the Knox Box operates. The system is good and worthy for the City to reconnnend to potential users. However, the City is not ready to make the use mandatory. The Fire Department was cautioned to exercise extreme security in the use of a Knox Box. An incident was reported of a motorist cutting off the fire truck when it was in operation with full siren. Counci1member Bean moved to adjourn to an Executive Session to discuss personnel matters. The motion was seconded by Counci1member Crandall. The Council voted unanimously in favor of the Executive Session, and the Regular Meeting was adjourned. I cdA~x;:2 ATTEST ~aJ<~ CITY CLERK I