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Council Minutes 08/24/2006 (2)CITY OF AMMON CITY COUNCIL MINUTES THURSDAY AUGUST 24, 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 Bruce Ard Councilmember Lee Bean Councilmember Randy Waite Councilmember Dana Kirkham City Planning Director Ron Folsom City Administrator Bruce Rose City Attorney Scott Hall City Engineer Bill Manwill City Clerk/Treasurer Diane Gempler City Officials Absent: Councilmember Rex Thompson Pledge of Allegiance to the Flag Councilmember Waite led the and, Councilmember Bean offered a prayer . Minutes August 3, 2006 : Councilmember Bean motioned to approve the City Council Minutes August 3, 2006. Councilmember Kirkham seconded. Roll call vote: Councilmember Bean – Yes, Councilmember Kirkham – Yes, Councilmember Waite – Yes. The motion carried. Items From the Mayor : None Consent Agenda : Councilmember Kirkham motioned to approve the Consent Agenda as presented. Councilmember Bean seconded. Roll call vote: Councilmember Kirkham – Yes, Councilmember Bean – Yes, Councilmember Waite – Yes. The motion carried. PUBLIC HEARINGS : Vacation of Street Right-of-Ways –Cottonwood Hills Estates : Mayor Ard explained the hearing process and opened the hearing. st City Planning Director Ron Folsom presented slides of the location. The street is located south of 21 th South and north of Sunnyside off the east side of 45 East. Dave Chamberlain, 4800 Majestic View, the developer, presented his request. He is requesting that Majestic View Drive be vacated to become a private drive. He has provided easements for the projected flood channel that have been discussed at previous meetings, 75 feet on the west side of his property and negotiated 20 feet on properties adjacent for a total of 100 feet. Dr. Chamberlain feels that the plan will make Ammon look progressive. The plan for the development includes a private park, swimming pool and tennis courts. Planning and Zoning member Tom Hunsaker reported on the Commissions discussions. Their concerns centered around access of public vehicles to provide safety and sanitation services. The Commission voted to recommend that the street not be vacated at this time. th Rex Coles, 2643 South 45 East, testified regarding where flooding has occurred in the past. Mr. Coles suggests that the flood channel be split to the north of this property. He is also concerned that vacation of the roadway and installation of a gate will create maintenance and safety issues. Patty McLaughlin, 4764 Majestic View Drive, testified they are opposed to the vacation of Majestic View. The McLaughlin’s are concerned with maintenance, they applied for their building permit with an understanding of development agreement. They are opposed to paying annual maintenance fees to a homeowners association as is being proposed by Dr. Chamberlain. It is their feeling that developer is attempting to cut costs in Division #3 development at the expense of existing property owners on Majestic View. Matt McLaughlin, 4764 Majestic View Drive, reiterated the testimony given by his wife. Dave Chamberlain responded that the homeowners association held a meeting and voted by majority in favor of the vacation and gated community plan. He stated that the McLaughlin’s have been assured they will not be assessed for construction of the gate or maintenance as long as they reside on Majestic View. Mayor Ard closed the public hearing. City Council Minutes 08/24/2006 -- 1 The Council discussed the request. Councilmember Bean motioned to vacate Majestic View Drive contingent upon Dr. Chamberlain clearing up the issue that his home will no longer face upon a public right-of-way with the county. Councilmember Kirkham seconded. Roll call vote: Councilmember Bean – Yes, Councilmember Kirkham – Yes, Councilmember Waite – Yes. The motion carried. PUBLIC COMMENT – ITEMS NOT ON AGENDA : None ACTION ITEMS : Conditional Use Permit – Cottonwood Hills Estates, Residences Facing Private Drive City Planning Director st Ron Folsom presented slides of the location and vicinity. The property is located south of 21 South and north of th Sunnyside and east of 45 East, and includes the whole of Cottonwood Hills Estates. Councilmember Bean motioned to approve the requested conditional use permit. Councilmember Waite seconded. Roll call vote: Councilmember Bean – Yes, Councilmember Waite – Yes, Councilmember Kirkham – Yes. The motion carried. Cottonwood Hills Division #3 Final Plat and Development Agreement : City Planning Director Ron Folsom presented slides of the revised plat Alan Cunningham 1020 Lincoln Road, Mountain River Engineering, explained the changes to the final plat from the one previously approved. The west cul-de-sac and three lots abutting it were adjusted to allow for the flood channel easement. Planning and Zoning Member Tom Hunsaker reported that the Commission would like the Council to ensure RE set backs are enforced. Commission members have voiced concern that one home on Majestic View is not within the City limits; therefore the Conditional Use Permit would not apply to that home. Dave Chamberlain, the developer and owner of they home on Majestic View that is not inside the City limits, stated that he owns the land down to Sunnyside. It is his understanding that they can live there out of compliance with the requirement that the property face a right-of-way. Doing so would limit his financing and sale options with regard to the property. Planning Director Ron Folsom reported on a letter that is being requested to be incorporated into the Stucki Easement. The letter, from the City, would waive annexation hearing costs and indicating that a building permit will be issued for structures meeting the adopted building codes and FEMA approved requirements for basements. City Attorney Scott Hall reported that he is concerned the easement obtained from Mr. and Mrs. Coles is subject to too many conditions. Councilmember Kirkham motioned to approve the Final Plat as presented with the 75 foot flood channel easement on the west. Councilmember Bean seconded. Roll call vote: Councilmember Kirkham – Yes, Councilmember Bean – Yes, Councilmember Waite – Yes. The motion carried. Councilmember Kirkham motioned to approve the Cottonwood Hills Division #3 Development Agreement with the addition of Special Condition 12 requiring Dr. Chamberlain to clear up the frontage issue for his personal property with the County, accepting of all the easements with exception of the Coles, and authorizing the Mayor to sign the letter to Stucki’s for their easement if resigned without condition no #7. Councilmember Bean seconded. Roll call vote: Councilmember Kirkham – Yes, Councilmember Bean – Yes, Councilmember Waite – Yes. The motion carried. Doves Landing Annexation and Initial Zoning City Planning Director Ron Folsom presented slides of the th location and proposed zoning. The property is located at the end of 17 Street on the east side of Crowley Road, st north of 21 South and east of the Villas addition to the City of Ammon. Mr. Folsom reported there has been some confusion regarding the ownership of a 13 foot strip on the east of the northwester parcel. The County has been contacted and is researching the issue. If the ownership is proved to be other than one of the requestors, that 13 foot strip will be excluded from the annexation documentation. Tom Hunsaker reported that the Planning and Zoning Commission has recommended approval. Two members of the Commission voted against approval; one felt there was too much R-2 being requested, the other felt there needs to be more planning regarding streets and services, especially with this much commercial being proposed. Paul Mendelson, Draper UT, presented his plan for the property and his reasoning for the zoning requested for each area. In preparation of the preliminary plat for the property, engineering was included for the flood channel. Utilized as a buffer zone, the flood channel will exceed city requirements between C-1 and RP-A. The Council discussed the request, specifically the R-2 and C-1 zoning and the impact the development would have on traffic in the area. City Council Minutes 08/24/2006 -- 2 In response to the request of the Council, Mr. Mendelson indicated he would accept R1-A zoning in place of the R-2. Councilmember Bean motioned to approve the Doves Landing Annexation and Initial Zoning, changing the requested R-2 zoning to R1-A. Councilmember Waite seconded. Roll call vote: Councilmember Bean – Yes, Councilmember Waite – Yes, Councilmember Kirkham – Yes. The motion carried. Doves Landing Preliminary Plat City Planning Director Ron Folsom presented slides of the location and th proposed preliminary plat. The property is located at the end of 17 Street on the east side of Crowley Road, north st of 21 South and east of the Villas addition to the City of Ammon. Planning and Zoning recommend approval with a 15 foot walking trail to be dedicated to the City as part of the trail system; that access to Crowley from the C-1 section be addressed; that landscaping of the flood channel be considered as no park has been required; that approval does not consent for building sites that are shadow-lined on the R-2 section; that the possible need for a signal light th at 17 & Crowley be addressed; and that the Council address if it would be better to have the developer cover the ditch/canal in the subdivision. The Council discussed the request. Concerns discussed included: sewer flows/capacity; participation in ththst well #11; the possibility of homes facing 17 street; and, the need for traffic studies 17 and Crowley & 21 and Crowley as well as build-out northeast of the division. Kurt Rowland, of Schiess & Associates, reported that as planned sewage would flow through Eagle Pointe to Ross Avenue and then south to the Ross Lift Station. Brooke Magleby, 5360 Lindee Lane, asked the Council to consider where the next school will be going. She is also concerned with widening of arterials and signal lights at the intersections that will be impacted by this development. st Mary Taylor, 4825 East 21 South, addressed the council. She asked that the Council give close consideration to provision of water and the implication on domestic wells as well as traffic impacts from the development. Ms. Taylor thanked the Council for their detailed discussions and considerations regarding the impact of this development. She also requested that the Council require the irrigation ditches and drainage to be incorporated into the improvement drawings & plat. Councilmember Bean motioned to table the Doves Landing Preliminary Plat until such time as the thth developer provides the City with traffic impact studies to include the intersections of 17 and Crowley (45 East), st and 21 South and Crowley, as well as projected full build-out of the residential portion of the addition. Councilmember Kirkham seconded. Roll call vote: Councilmember Bean – Yes, Councilmember Kirkham – Yes, Councilmember Waite – Yes. The motion carried. Eagle Point Division #10 Final Plat and Development Agreement City Planning Director Ron Folsom presented slides of the location and proposed final plat. Alan Cunningham, 1020 Lincoln Road, of Mountain River Engineering, presented the Plat for the Developer. This is the Final division of Eagle Point. Mr. Cunningham explained the alterations from the preliminary plat to allow homes to be built on the southeast lots to be built without encroaching in the flood plain. Roy Ellis of Homestead Construction answered the Council’s questions regarding the developer’s plans. The Council discussed the proposed final plat. Councilmember Kirkham motioned to approve the Eagle Point Division #10 Final Plat as presented. Councilmember Bean seconded. Roll call vote: Councilmember Kirkham – Yes, Councilmember Bean – Yes, Councilmember Waite – Yes. The motion carried. City Planning Director Ron Folsom reported that no changes have been made to the basic Development Agreement Councilmember Bean motioned to approve the Eagle Point Division #10 Development Agreement as presented. Councilmember Waite seconded. Roll call vote: Councilmember Bean – Yes, Councilmember Waite – Yes, Councilmember Kirkham – Yes. The motion carried. City Attorney Scott Hall reminded the Council that as this is the final division of Eagle Point, that placing liens upon these undeveloped lots is the total of enforcement value that the Council has for repair or replacement of any improvements that have not been installed to the City’s standards. The Council requested staff to complete a thorough review of the Eagle Point development and report on any improvements that are not installed to City standards. Cottages Update : City Engineer Bill Manwill reported that not much has been completed since his last report. Today the contractors began on the manhole collars. They are waiting on HK to complete the paving work. Tim O’Malley, 2606 Stafford Cove, reported that they had over-layed the edges but not center of the cul- de-sac. He has e-mailed pictures to Bruce Rose. The way the work was completed it has left a depression in the center. City Council Minutes 08/24/2006 -- 3 The Council recommended that Bill Manwill contact the Fire Chief to get a fire truck out there to flood Stafford cove to check for low spots as soon as possible. The Council discussed the remaining areas of concern. Mr. O’Malley asked for clarification of the deadline for the residents’ to comply with drainage swale specifications. The current deadline stands at October 31, 2006. It was suggested that those residents who are unable to meet the deadline make a written request for an extension. Councilmember Kirkham reported that a number of the residents are asking about a letter from the City stating that they will not be held liable for damage to the streets or responsible for payment of installation of curb, gutter and storm drainage if they put in the drainage swales and the swales don’t work. City Attorney Scott Hall stated he would discourage the Council from issuing any such blanket guarantee. Brooke Magleby, 5360 Lindee Lane, stated that without the letter removing liability from the homeowners’ there is no incentive for them to put the swales in. Leslie Folsom, 2750 Sawtooth, spoke for property owners outside of the Cottages, stating that potential LID’s whether for swales or other improvements, including replacement of curb and gutter in those neighborhoods falls on all homeowners. She suggested that it might be in the best interest of the residents in the Cottages to explore the cost of a curb and gutter storm drainage system before rejecting the idea of an LID on the development. It was also suggested that a meeting of the swale committee be held to update the residents. Tammy Bennett, 5163 Lindee Lane, asked the Council if an engineering study could be done for potential curb and gutter before the swale committee meets Councilmember Kirkham and City Administrator Bruce Rose will arrange to meet with the swale committee within the next week. School Crossings at Woodland Hills and Rimrock Elementary Schools City Engineer Bill Manwill reported that the conditional use permits for the schools require the district to install all signage for crossings. He has met with School District officials a number of times and they will be installing flashing lights with variable times as soon as possible, they will install posted time speed limit signs in the interim. Jarin Hammer, 3652 Autumnwood, addressed the Council, representing the families sending children to Woodland Hills Elementary School. Most of their concerns have been addressed by the City Engineer’s report. The other concern that they have is that there is a portion of Sweet Water Way where there is no asphalt or cement to meet were they crosswalk is coming in across Township. They want to make sure that the school district is going to put in some asphalt before school begins (on the north of Township). On the south side of Township there is a portion where there is a grass strip between the sidewalk and the crosswalk. They feel that the grass will get torn up with the kids congregating at that location to cross Township, eventually becoming a mess. They asked if there is a time-frame for the school to complete their obligations regarding the signage required. Ordinance #401 – Fiscal Year 2007 Appropriations : Councilmember Bean read Ordinance #401AN ORDINANCE PROVIDING FOR THE ANNUAL APPROPRIATION FOR THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO; FOR THE APPROPRIATION OF THE SEVERAL FUNDS AND THE PURPOSES FOR WHICH APPROPRIATED DURING THE FISCAL YEAR 2007, COMMENCING OCTOBER 1, 2006, AND ENDING SEPTEMBER 30, 2007, AND PROVIDING FOR THE AMOUNT APPROPRIATED FOR SUCH FUNDS 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 Kirkham seconded. Roll call vote: Councilmember Bean – Yes, Councilmember Kirkham – Yes, Councilmember Waite – Yes. The motion carried. Councilmember Bean read Ordinance #401 AN ORDINANCE PROVIDING FOR THE ANNUAL APPROPRIATION FOR THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO; FOR THE APPROPRIATION OF THE SEVERAL FUNDS AND THE PURPOSES FOR WHICH APPROPRIATED DURING THE FISCAL YEAR 2007, COMMENCING OCTOBER 1, 2006, AND ENDING SEPTEMBER 30, 2007, AND PROVIDING FOR THE AMOUNT APPROPRIATED FOR SUCH FUNDS by title and motioned that City Council adopt Ordinance #400 as an ordinance of the City of Ammon on its third and final reading. Councilmember Kirkham seconded. Roll call vote: Councilmember Bean – Yes, Councilmember Kirkham – Yes, Councilmember Waite – Yes. The motion carried. 2006-2007 Law Enforcement Agreement Councilmember Kirkham reported on the negotiated agreement. Councilmember Waite motioned to approve the 2006-2007 Law Enforcement Agreement and authorize Mayor Ard to sign the agreement. Councilmember Kirkham seconded. Roll call vote: Councilmember Waite – Yes, Councilmember Kirkham – Yes, Councilmember Bean – Yes. The motion carried. th Closure of Falcon & Eagle Bridge The Council discussed whether to close Falcon at 17 Street in conjunction with the construction of the bridge connecting Eagle Drive. City Council Minutes 08/24/2006 -- 4 Ron Longmore, 1770 Falcon, addressed the Council. He indicated that they would prefer to see Falcon closed off when the bridge is in. Leslie Folsom, 2750 Sawtooth, stated that she is not opposed to closing the intersection. She suggested, however, that the Council consider closing a portion of the intersection. She feels that it would be beneficial to th leave 75% of the intersection open to one way traffic, allowing right turns off of 17 onto Falcon, closing 25% of the intersection completely. The right-turn/one way could be effected by a curved curb from the west side of the th intersection to channel traffic turning off of 17. She suggested that this solution would also offer the opportunity to expand upon parking available for Falcon Park. The Council discussed the suggestions and will independently research the intersection for discussion at the th September 14 work session. Executive Session Councilmember Kirkham motion to adjourn to executive session to discuss the IBSD litigation. Councilmember Bean Seconded. All in favor, the motion carried. IBSD Litigation : Councilmember Bean motioned to approve the Mediation Agreement as drafted by legal council. Councilmember Waite seconded. Roll call vote: Councilmember Bean – Yes, Councilmember Waite – Yes, Councilmember Kirkham – Yes. The motion carried. Councilmember Bean motioned to approve the Settlement Agreement as negotiated with IBSD representatives. Councilmember Kirkham seconded. Roll call vote: Councilmember Bean – Yes, Councilmember Kirkham – Yes, Councilmember Waite – Yes. The motion carried. DISCUSSION ITEMS : Miscellaneous : Well No. 10 & Water Line Project Mayor Ard reported on discussions with Scott Bishop from Woodbury Corp. regarding obtaining easements for the water lines. They have installed water lines from Eagle to Zion’s Bank. Their request is that the City pay $30,200 reimbursement for the lines already installed, defer payment on the signal light and waive connection fee for the development main line from the new lines. The Council discussed the addition of a special condition to the development agreement to reflect the easement as agreed upon. City Planner Ron Folsom and City Attorney Scott Hall will work up the changes to the agreement. Mayor Ard also reported that Woodbury Corp would like to install a temporary drive way off of Hitt Road south of Zion’s Bank. The City of Idaho Falls has informed them where they will allow the entrance. The temporary drive will eventually become the permanent access when the parking areas south of Zion’s Bank are completed. Discussions with Rockwell Homes are progressing with regard to acquisition of the well lot. Proposed Developer Bonding Ordinance : The Council reviewed the proposed Developer Bonding Ordinance and recommended changes. Specific discussion included the wording defining when the developer(s) would be allowed to terminate the bond; inclusion of development cost wording whether bond or cash guarantee; and the form of the developer’s engineer’s final approval. Councilmember Waite motioned to adjourn. Councilmember Bean seconded. All in favor, the motion carried. The meeting adjourned at 11:50 p.m. ___________________________________________ C. Bruce Ard, Mayor ______________________________________ Diane B. Gempler, Clerk/Treasurer City Council Minutes 08/24/2006 -- 5