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01172008CouncilMinutes CITY OF AMMON CITY COUNCIL MINUTES THURSDAY, JANUARY 17, 2008 AGENDA : CITY OF AMMON 2135 SOUTH AMMON ROAD CITY COUNCIL AMENDED AGENDA THURSDAY, JANUARY 17, 2008 - 7:30 P.M. CALL TO ORDER: Mayor Bruce Ard at 7:30 p.m. Pledge of Allegiance – Councilmember Bean Prayer – Councilmember Powell MINUTES: December 6, December 13, December 20, 2007 and January 3, 2008 ITEMS FROM MAYOR: Planningand Zoning Appointment – Dave Hill CONSENT AGENDA: Business License Accounts Payable – Exhibit A 1. Phone System Trade to Cancel Bill PUBLIC HEARINGS: None PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA: ACTION ITEMS: 1.Preliminary Plat – River Bend Manor Subdivision 2.2008-001 Variance – Cottonwood Hills Estates – Div. 3, Block 2, Lots 5 & 6 3.Resolution 2008-001 Bill Prepayment Authorization 4.Sand Creek Drainage Floodplain Project DISCUSSION ITEMS: 1.Better Business Presentation for Accreditation by Jerry Schneider CEO 2.Sandcreek Sidewalk Maintenance 3.LID’s 4.Misc. MINUTES 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: City Officials Present: Mayor Bruce Ard Councilmember Lee Bean Councilmember Rex Thompson Councilmember Randy Waite Councilmember Brian Powell City Planning Director Ron Folsom City Attorney Scott Hall City Clerk Leslie Folsom City Officials Absent: Councilmember Dana Kirkham Councilmember D. Ray Ellis City Engineer Lance Bates Councilmember Bean led the Pledge of Allegiance to the Flag and Councilmember Powell offered the prayer. MINUTES: December 6, December 13, December 20, 2007 and January 3, 2008: Councilmember Thompson thth stated on December 20 on the 4 sheet, Item 7, he had left after Item 7 was addressed and we need to note that in the minutes. Councilmember Waite motioned to approve the minutes from December 6, 13, 20, 2007 and January 3, 2008 with the addition of the changes mentioned by Councilmember Thompson. Councilmember Thompson City Council Minutes 01/17/2008 -- 1 seconded. Roll call vote: Councilmember Waite – Yes, Councilmember Thompson – Yes, Councilmember Bean – Yes, and Councilmember Powell – Yes, for January 3, 2008 and abstain from the December minutes due to not being in office at this time. ITEMS FROM MAYOR: Planning and Zoning Appointment – Dave Hill: Mayor Ard stated Mr. Hill is a dentist in town which lives in Briarwood. Mayor Ard recommended appointing him to the Planning and Zoning Commission. Councilmember Waite motioned to approve the appointment of Dave Hill to the Planning and Zoning Commission. Councilmember Powell seconded. Roll call vote: Councilmember Waite – Yes, Councilmember Powell – Yes, Councilmember Thompson – Yes, and Councilmember Bean – Yes. The motion passed. CONSENT AGENDA: CITY OF AMMON BUSINESS LICENSE CONSENT AGENDA Thursday January 17, 2008 License applications are pending in the City Office for the following: GENERAL BUSINESS LICENSE 2007: 1.RENEWALBUSINESS LICENSE APPLICATION: st A.Lighthouse Montessori School – School – 2664 E. 1 Street th B.Target Stores T-1082 – Retail Sales – 2171 S. 25 E. th C.Zimapan Tortilleria – Retail Sales – 3350 E. 17 Street th D.Fashion Bug, Inc. #3471 – Retail Sales – 2041 S. 25 E. th E.My Gourmet Pantry, LLC – Retail Sales – 3160 E. 17 Street Suite #140 F.Walker Produce – Retail Sales – 3965 E. Sunnyside Rd. th G.IHOP – Restaurant – 2463 S. 25 E. th H.Ammon Medical and Urgent Care, PLLC – Medical Office – 3456 E. 17 St. Ste. #125 I.Tanaka And Associates Therapy – Physical Therapy – 2475 S. Ammon Rd. J.Excursion Day Spa & Salon – Massage Establishment & Salon – 1489 Curlew K.A.I.G. Advisors Group – Finance – 3539 Briar Creek th L.Aspen Grove – Assisted Living – 2705 E. 17 Street HOME OCCUPATION PERMITS 2007: 1. RENEWAL HOME OCCUPATION PERMITS: A.Herrick, LeeAnn – Hair Salon – 4215 Willow Canyon Drive B.Karen’s Cookies – Retail Sales – 2186 Frontier Drive C.Blue Bug Media – Computer – 2186 Frontier Drive D.Five Star Painting – Painting – 2720 Bungalow Drive LIQUOR/BEER/WINE WITH GENERAL BUSINESS LICENSE 2007: 2.RENEWAL LIQUOR/BEER/WINE WITH GENERAL BUSINESS LICENSE: th A.T.G.I. Friday’s – Restaurant/Liquor by the drink/beer/wine on premise – 2665 S. 25 E. B.Chevron Sunnyside Enterprises Plaza, LLC – Retail Sales/Beer Sales off Premise – 2523 E. Sunnyside th C.Rite Quick Stop – Retail Sales/Beer Sales off Premise – 125 S. 25 E. th D.Albertson’s, Inc. – Retail Sales/Beer & Wine Sales off Premise – 1901 S. 25 E. Councilmember Bean motioned to approve the Business License Consent Agenda as presented. Councilmember Thompson seconded. Roll call vote: Councilmember Bean – yes, Councilmember Thompson – Yes, Councilmember Waite – Yes, and Councilmember Powell – Yes. The motion passed. City Clerk Leslie Folsom explained the phone system trade under the Accounts Payable Agenda. Bruce Patterson had come to her and stated the old phone company had to charge us $150 to remove old systems. They are willing to wipe that cost clean if we let him use the old phones for parts. Leslie stated she talked to the AIC concerning it and it is not a problem. Councilmember Bean inquired about the IT Department and the computer cable connections and the two entries for this. Leslie stated it’s where we divide between two departments. Councilmember Bean stated that part of this is for the fire department. Councilmember Waite commented to Councilmember Powell concerning the IT Department and cell phones. He stated we are with Verizon Wireless, and we might want to see if we can get a better rate because it seems high for what we have. Leslie stated Bruce Patterson did shop those. Scott Hall stated they are paying for 9 phones what he is paying for 40 phones. Ron Folsom stated the inspector phones have a lot of options including email. It was discussed we are paying substantially more than what we have been paying. City Council Minutes 01/17/2008 -- 2 Scott Hall mentioned before the accounts payable is approved, there are employees that have social security numbers by their names and they need to be deleted, as this will become part of public record. Leslie will let Lisa know. Councilmember Bean inquired about what the extra staffing from Gem State Staffing was for. Mayor Ard stated it was for snow removal and repairing the roof on one of the shelters. Leslie stated it was approved for by Bruce Rose. Councilmember Bean stated he would like to discuss it in Executive Session. Councilmember Bean motioned to approve the payment report as presented condition upon the signed voucher for Connective Computer Cable. Councilmember Waite seconded. Roll call vote: Councilmember Bean – Yes, Councilmember Waite – Yes, Councilmember Thompson – Yes, and Councilmember Powell – Yes. The motion passed. Council discussed the surplus phones. Leslie stated that Bruce Patterson stated the values of the phones are about $2 each and we have a maximum of 20 phones. Councilmember Bean motioned that the phones left over from the changeover be declared as excess and salvage with a value of less than $50. Councilmember Powell seconded. Roll call vote: Councilmember Bean – Yes, Councilmember Powell – Yes, Councilmember Thompson – Yes, and Councilmember Waite –Yes. The motion passed. Councilmember Bean motioned that the excess telephones left over be traded to our old telephone vendor in lieu of a final billing from that particular vendor. Councilmember Thompson seconded. Councilmember Bean – Yes, Councilmember Thompson – Yes, Councilmember Powell – Yes, and Councilmember Waite – Yes. The motion passed. Leslie Folsom had each councilmember sign the Accounts Payable Consent Agenda. PUBLIC HEARINGS: None PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA: None ACTION ITEMS : 1. Preliminary Plat – River Bend Manor Subdivision: Planning Director Ron Folsom explained where the property is located and the changes that were made at the work session. The water tank we need requires a lot size of 145 x 145. The proposed Lot 5 (proposed storage tank lot) has a 45 degree cut across the northwest boundary allowing Lot 6 to have a building placed on it without requiring a variance to the rear yard setback. Councilmember Thompson inquired if the ditch easement is on their property or not. Ron stated the ditch is on their property, but Robert will fix that. Brian, the developer, stated the ditch will have to be cut off at some point for the well to go into place because it would go right through it or under it. He explained it will need to be redirected until the rest of the property gets developed. He explained Robert Suitter and Frank have been great and will do whatever we need to do to work around the project. Councilmember Thompson inquired if the ditch company needs to have any say in this. Robert Suitter stated the ditch is under the control of Progressive Irrigation but he talked to a board member today and they said they have no problem with moving it. Councilmember Thompson inquired where they would move it to. It was discussed they have not decided yet, but we can work it out with the City. Ron explained the ditch just serves the property to the north of the Suitter property. Ron displayed and described the land that is being donated to the City by Groberg’s for the well lot. The 24 foot (approx) easement was discussed where there would be access to the well. Scott Hall inquired where the line would run from the well lot to the tank lot. Ron displayed it on the vicinity map stating additional easements would need to be obtained for the well lot. Councilmember Bean inquired how we would access Lot 4. It was discussed it is only a common area. Councilmember Thompson inquired about the well lot and the size of the well. It was discussed the height of the burying is up to Keller’s. The well lot will allow still for some landscaping. Ron stated that Lance had talked about 8 to 12 feet out of the ground. Trees were discussed as landscaping around it. Scott Hall recommended a fence because of possible root problems with the trees and security. Brian talked about a couple of suggestions to make the tank look nice. Councilmember Powell inquired to Brian about Lot 6. Brian explained it is 25 feet from the back of the house to the property line and it would be at least 45 feet from the tank. Councilmember Thompson inquired if the ditch goes away, will the walking path possibilities go away. st Ron stated we can wind it anyway we want. He talked about how to get them to the intersection to cross at 1 Street. Councilmember Bean inquired if they are 6 plexes or 8 plexes. Brian stated there is up to six units per lot. Amy Jolley, 985 N Capital Ave Idaho Falls, explained that Lot 1 of Block 1 is 5, Lot 1 of Block 2 is 5, and Lot 6 of Block 2 is 5. The total number of units is 61. Brian explained the square footage ranges from 1300 to 1500 each. They all have garages, some single some double. Brian Hymel, 3945 S. Wasatch Bldg – Salt Lake City, stated they are town homes. Scott inquired if anything prohibits anyone from buying the six-plex and renting them out. Brian City Council Minutes 01/17/2008 -- 3 stated he could put that in the CC&Rs. He would be the developer/builder and would prohibit that. Scott is wondering if they are going to be owner occupied or rentals. Brian stated that is 61 people he has not met yet. He is not sure if people will buy them and use them as an investment. He stated this is a luxury project. They are from $175,000 to $210,000, which is a high price point to cash flow a rental. Ron stated it will be built as a town house and each unit will have to have separate certificate of occupancy. You cannot sell a townhouse as a duplex. He explained the financing would have to be separate also. Councilmember Bean inquired as to what the setback is on these buildings. Ron stated they are 30 feet, but we have not reviewed the site plan yet. Ron stated we require a 25 foot backyard. The building on Lot 6 has to be moved forward and a variance is not needed. Councilmember Bean commented he would like to see a 4 plex on Lot 6 and move it up further. Brian stated he is already giving a quarter acre and working with them around the tank. He feels cutting down on the units is not fair. Councilmember Bean stated it would cost you $3500 on each unit to make up the difference. Brian stated that based on the zoning of the property, the property would allow him to put 93 units, if he was to do something completely different. He is doing fewer units with a higher quality product based on what the City wants to see. Councilmember Thompson commented the property next to it is zoned the same with duplexes and one four plex. Brian commented that is their decision. He wants a quality product with 61 units. Councilmember Powell asked him to take him through the building process. Brian stated they would start one building at a time. He would probably start at John Adams and the backside first due to the water tank construction. Councilmember Bean inquired what his total build out time is. Brian stated he has 18 months right now for the entire project. He feels that is probably a little aggressive and it may be closer to 24 months based on the market. Councilmember Thompson asked if they would put Riverbend Road in first. Brian stated they would have to. Council agreed. Councilmember Bean stated he could support this better, if they could take an extra 10 feet off of Lot 6 and an extra 10 feet off of Lot 4. Brian stated they might be able to do that if they grant a variance and he can still fit his unit there. If it reduces his units, he would not want to do that. Brian stated this conversation is irrelevant with the issue tonight, however. Ron stated there will be a final plat and preliminary site plan, at that time, also. Scott Hall inquired about where there is a bend in the road on Riverbend, if the angle was moved to the north – could you pick up the additional feet from that. Amy stated it would take off too much frontage from Lot 4. Ron stated that the first proposal to the City had a sharper corner and Lance asked them to take it out. Amy stated they could take another look at it. Councilmember Thompson talked about the traffic issues. Brian stated we already discussed this in the work session and had decided his development had done everything as asked. Councilmember Thompson asked to address Council about the traffic issues in the area. Councilmember Bean stated he doesn’t feel we can do a moratorium on street systems. Councilmember Thompson talked about the property on John Adams that Ratliff owns and whether or not they were supposed to take the road through. It was discussed he only had to go as far as they owned. Ron stated the property that is left to the North is Suitter’s and is commercial. Brian stated the traffic concern was addressed with the traffic study. Councilmember Thompson stated it hinges on if we can do what we are planning with the water tank and bury it. Councilmember Powell stated if we can get that extra 10 feet he would be comfortable with it. Councilmember Waite stated that Lance thought we could bury the tank and make it look nice. It was discussed how close shrubbery is allowed. Council felt the concept looks good. Councilmember Thompson stated if we make a motion, it should be subject to the water tank fitting, as we would like. Councilmember Bean stated he doesn’t think we can do that because it is not their tank. Brain stated Lance has done a lot of work for engineering on this project. He stated they reworked their project to facilitate that and will continue to work with the council on it. Councilmember Bean motioned to approve the Preliminary Plat for Riverbend Manor Division #1, conditioned upon Lot 5 increasing in size by 10 feet in its entire perimeter that is involved in Division #1. Councilmember Powell seconded. Roll call vote: Councilmember Bean – Yes, Councilmember Powell – Yes, Councilmember Waite – Yes, and Councilmember Thompson – No. Councilmember Thompson stated from the very beginning he has stated that having high density there is poor planning. The motion passed. 2. 2008-001 Variance – Cottonwood Hills Estates – Div. 3, Block 2, Lots 5 & 6: Planning Director Ron Folsom explained where the property is located. It’s in an RE zone with the required setbacks of 50 feet. He explained when they tried to put a detached garage they could not do the 50 feet. He stated the Planning and Zoning Commission voted 6 – 1 not to approve this. Cindy Donovan voted yes, to send a message that there is a division on the Commission regarding the concerns and what we meant with our ordinance. Ron stated our ordinance says that all structures have to be set back 50 feet from a public right-of-way or easement of access. Even though this is a private development and the roads are not dedicated roads to the City, there is still an easement of access. He explained the houses are set back 50 feet. Neither property owner has their foundations in yet. The lots are 1 acre minimum, so they are approx. 200 feet square. The problem is coming off of Whiting Way. City Council Minutes 01/17/2008 -- 4 Tom Hunsaker, Planning and Zoning Commission, stated they had a lot of conversation on this issue. He explained the 30 feet, like in the other zones, would look nice. They did not consider a side street when they did this ordinance. The reason they chose to vote no on the variance was, in part, because the northeast lot. Councilmember Bean inquired why we can’t get a 50 foot setback. Ron stated the concern is if they put the building behind, you can’t get into it. They would like to use a single drive access. It was discussed these are sheds. Tom Hunsaker stated the only other thing they talked about was rotating the sheds to the opposite corners of each property so they could fit them there but this would not look nice for the neighbors. Tom explained the zoning history of this area. Brandon Burton, 3630 Spectrum Drive, Idaho Falls, explained what they wanted to do aesthetically. He explained the way the property is backed up to one another and they thought it would look better where they are suggesting putting their sheds. He explained this is a privately owned subdivision with privately owned streets. Mayor Ard inquired how much variance they are asking for. Brandon stated they are asking for a 20 foot variance. They would like a 30 foot setback on Whiting Way. Tyler Schwendiman, 5304 Tildy Circle, Ammon, stated if you look at the measurements of the lot, he wouldn’t figure anyone would build facing Whiting Way. None of the three planned or already built houses are going to be facing that way. They are minimizing the concrete so there is less chance of runoff into the road. They want to make it look as nice as they can. They had talked to the people on the south side of Majestic View Drive and they did not realize the setbacks were different. He feels where it is 30 feet everywhere else it should work well and they could get written permission from the one land owner. Councilmember Thompson commented he doesn’t understand how they think Whiting Way is a side street. Councilmember Powell inquired if they felt they met the requirements for the variance request. Tyler stated they were told that is the only way they could request to get in front of Council concerning the issue. He is not saying they meet all of those. Councilmember Bean stated they have to go by the ordinance and the requirements have to be met to grant a variance. Councilmember Bean inquired how they meet the first requirement. Councilmember Thompson stated it does not meet the first one. Tyler stated on number two, it says “other special circumstances”, he explained his home is still 50 as required. Tyler bought it from the people in the other zone and they thought it was the same setback. Mayor Ard inquired why this was zoned two different ways. Ron explained at the time they did the lots on the south side of Majestic, they wanted the right to have animals – so they did RP with an animal overlay. Right after that, the City approved the creation of the RE zone with the one acre minimum. Councilmember Bean stated they are asking for a variance on a home that has not been built yet. He feels they could get a different plan and not have to have a variance. He doesn’t feel comfortable approving a variance for a home he feels is just under designed. They need to find a home to fit the property. Tyler explained they did find a home and are trying to have less concrete. Councilmember Powell inquired if they have to have a shed. Tyler stated he would like one. Tyler stated he realizes it is his responsibility to have checked the zoning; he just wanted to see if there is something they can do. Council stated their responsibility to follow the ordinance. City Attorney Scott Hall stated they could still build their home, and if the ordinance in the future is changed they could build their shed at that time. Tyler stated they would build the house differently, if they cannot build a shed. Council stated they do not have a legal way to grant them a variance. Council discussed if it was possible to change the zoning there. Scott Hall commented that if Council and Planning and Zoning thought the ordinance should be changed, they can build their homes and not build their sheds, and when it gets changed then they can build their sheds. Tyler inquired about the process of the ordinance being changed. Councilmember Bean stated that Council has to decide if there is a need to change it, and he is not sure if there is a need. Mayor Ard stated it would probably have to come from Planning and Zoning. Ron stated they put it on their agenda for discussion items. He stated it could be six months before they have a hearing to make a change. Councilmember Bean stated this is the only exception they have seen in all of the zones. Ron stated these four lots are the only ones that are corner lots in the whole subdivision. One house is built already. Tyler argued that when the ordinance was made it was not designed to incorporate this type of side street. Councilmember Bean stated the ordinance was not made specifically for that subdivision either. Tyler stated they were thinking in another mindset when they created the ordinance, and that is where he feels the exception comes in. Councilmember Bean motioned to deny the variance request for Cottonwood Hills Estates Division 3, Block 2, Lots 5 & 6. Councilmember Thompson seconded. Roll call vote: Councilmember Bean – Yes, Councilmember Thompson – Yes, Councilmember Waite – Yes, and Councilmember Powell – Yes. The motion passed. Mayor Ard inquired to Tom Hunsaker about Planning and Zoning’s 50 foot side yards back when they created the ordinance. Tom stated it has been awhile. He stated they were looking at properties on the north side of th 17 Street that were facing an arterial. He stated it did not dawn on him or anyone they would be going farther in than that. The point was to keep it set back from the arterials. Leslie Folsom commented she was involved when the RE ordinance was created and the discussion was that we wanted the RE lots to appear larger than the other zoning areas, which meant 50 foot setbacks. Scott Hall stated he feels they just under sized those four lots when they designed this subdivision. City Council Minutes 01/17/2008 -- 5 3. Resolution 2008-001 Bill Prepayment Authorization: Leslie Folsom explained the reason for this resolution was to meet AIC’s requirements. Councilmember Bean stated he talked to Leslie about this, and doesn’t have a problem with this but he would like to have further discussion relative to those businesses listed on it. It will be a fluid document that can be added to. Councilmember Bean explained that this resolution says we as a Council have to approve bills before they are paid and there may be some instances where there may be a finance charge before the council sees it. The council meets every two weeks and he does not see an instance where that would happen. Leslie used this month as an example; it will be three weeks in-between meetings. Leslie suggested a separate list of any bills that had been paid prior to council approval. Councilmember Bean suggested tabling this issue for now and making any changes needed. Councilmember Bean motioned to table Resolution 2008-001. Councilmember Waite seconded. Roll call vote: Councilmember Bean – Yes, Councilmember Waite – Yes, Councilmember Thompson – Yes, and Councilmember Powell – Yes. The motion passed. 4. Sand Creek Drainage Floodplain Project: Planning Director Ron Folsom explained the County, the City and some developers would do a study of the Floodplain, north of Lincoln Road and run south. A large portion of this is in the City or in the impact area we have requested. It has forced development out and jumped the Floodplain. It was discussed you can’t develop a Floodplain area with basements and you will also have high flood insurance, so it makes it not worth the development. Council discussed the history of the Sand Creek Floodplain Project thus far and they are trying to get the funds to help with the cost of the project. Ron explained the scope of the project. It was discussed there is not a certain time schedule, at this time. We have verbal agreements with the County and we need to get written agreements. Councilmember Bean inquired if by signing this we commit ourselves to $158,000. Ron stated that is why we need to have the other participants sign also. Ron stated there has to be someone administrating the process. He feels he and Lance will do a good job administering it. The County Commissioners agreed to have us administer it. If we agree to this, then we need to have them to commit to this much money and put it in writing. Councilmember Powell inquired if we are listed as owner. Ron stated we should be able to charge developers frontage fees with this and recoup money. Mayor Ard stated we want to be the lead agency. It was discussed we need a payment schedule. Scott stated he would review it after we have who is participating. Ron stated we need to at least move forward with our portion of it and we can include developers as they come in. Ron stated he feels it is us and the County involved and then have the developers pay us. Ron stated he will contact the developers and get them to commit also. DISCUSSION ITEMS : 1. Better Business Presentation for Accreditation by Jerry Schneider CEO: Jerry Schneider, CEO Better Business Bureau, stated they are here to discuss the BBB and how it can affect the City of Ammon. He talked about what the BBB does. They accredit businesses. They have to be in business for at least a year with no problems and abide by an agreement to have fairness in their advertising with an agreement to resolve customer complaints through mediation or arbitration if necessary. He explained the difference between accreditation and membership. They are non-profit. He explained why municipalities belong to the BBB. The BBB is involved with other organizations that help educate the community and offer business seminars. They have come to invite the City of Ammon to be a part of the BBB. Councilmember Powell inquired what area they cover. Jerry stated they cover all of eastern Idaho and western Wyoming. He explained the City of Idaho Falls and Chubbuck are a part of the BBB, so far. Mayor Ard inquired what the fee is. Jerry stated they offer cities the lowest accreditation rate which is based on the number of employees per business. She explained the lowest rate is $360 per year plus a one time application fee of $75, for a total of $435 for the first year and $360 each year after that. The council thanked them for the information. 2. Sandcreek Sidewalk Maintenance: Leslie discussed a complaint call from Irene Bardell with Lance with concern over the sidewalk area over Sandcreek not being maintained. Leslie assumed it is our property but since this has not been done in the past, she needed clarification of council’s desires. Councilmember Bean inquired why Parks and Recreation can’t do the sidewalks. Council discussed we need to look at other places to look at around the City. Mayor Ard stated there is also a situation that happened in Stonehaven and we can blow snow into the back of trucks. It was discussed to have Parks and Rec. do it. There are more bridges that need to be blown off. Leslie stated we do have claims that will be denied by ICRIMP due to personal sidewalk maintenance not being done by the homeowners. 3. LID’s: Scott Hall stated he pulled out his handbook on how to do LIDs. Councilmember Powell stated he understands how to set one up but is unsure of how to administer it. Scott stated he thinks they are administered through the Treasurer and is collected on your tax bill. Mayor Ard inquired about the LID and we set it up and the City Council Minutes 01/17/2008 -- 6 properties sell and the LIDs are taken out of the proceeds and we are paid, is that correct. Scott Hall stated he does not know the answer to that. Councilmember Powell inquired if you place an LID right now on that farm ground, will that farmer be responsible for $1.5 million to begin with. Scott stated it is whoever is in the district. It could be everyone in that square mile who is benefiting from it. It was discussed one of the problems is figuring out the district. Councilmember Bean stated John Adams and Curlew roads are most beneficial to the property owners and feels that is where we need to start. He talked about having a stoplight and widening the road. The project scope changes and now you have to decide how far you want to go. Tiebreaker and Wal-Mart will benefit from it. So the question is do we include them in the LID. If we continue to expand the project, then we have to expand the scope of the LID. Councilmember Thompson commented the arterial stuff should be city wide. Councilmember Bean stated he doesn’t think you can do it city wide. Council talked about doing a small LID first and then expanding. Leslie commented about Rexburg and they are looking at impact fees. She stated the impact people are on board to give a presentation. Councilmember Bean stated he does not want to look at impact fees right now. He would rather look at doing an exaction fee when they come into the City. He is concerned we are going to drive people to the County. Scott stated if you want to do it city wide, you need to pass a levy increase. He stated it is much easier to do than a LID. It was discussed whether or not it will pass. It was discussed if it does not pass, then you are forced to do something like a LID. Councilmember Bean talked about hiring outside consultants to come in and help determine rates. He feels that is where we need to start. Scott stated he feels we are too easy on developers and what we require them to do. Council talked about the scope and who is included. Scott suggested going to the County first and committing them to it. Councilmember Bean isn’t sure if it will get done in a timely manner. Councilmember Bean inquired to Council where we would like to go with this, at this point. He does not want to see this issue get dropped. Ron stated that Lance would like to have permission to get estimates so we have the costs before we build the scope. It was discussed to have Lance do that, and then go to Bonneville County. It needs to be set by property value. Scott stated he is not sure that is correct and thinks it is by square foot. It was discussed to have Ron or Scott find out how it is assessed. It was discussed that Ronald Longmore can tell us how it is set up and how it is assessed. Ron will call Ron Longmore. Councilmember Bean stated to have Lance look at costs for the whole project and to break it out in st sections; John Adams and Curlew, Hitt Road, 1 Street plus the intersection. Ron stated that is the bid he gave us and the only way to get any better is to go out for bids. It was discussed his estimate was just over $2 million. Scott th inquired if you are going to look at 17 from Ammon to Crowley. Councilmember Bean doesn’t know if we can because you might need a separate LID. Scott agreed but said if you are going to do it, why not do the two LID’s at once. He explained that district will have to include the Cottages, etc. Councilmember Bean suggested going back to Alan Cunningham for his estimate he did awhile back. Leslie commented about putting John Adams and Curlew in which will help the land sell, at which time, we could have the developers share in the development of First Street and Hitt without putting a greater burden on Tiebreaker for the costs. Councilmember Bean commented about where it will develop and move from there. Councilmember Bean commented that maybe the City digs in some of their reserve funds for this and recoup it later. He stated we still have reserve funds in proprietary accounts and does not know the legalities or ethics for drawing from those other funds for streets. Mayor Ard commented we have the Regional Sewer Project and that is our cushion for that. Council agreed. Councilmember Bean suggested getting th the cost estimates on this project and the cost estimates on 17 Street to Crowley. Councilmember Bean suggested we should go in and annex. Ron stated he talked to Brad Pratt and he is interested in annexation. He would like to buy enough land for a commercial development. Ron stated we need to be aware that we do not have right-of-ways for John Adams out to Hitt. He stated we have the right-of-way for John Adams but we do not have the east side from where John Adams ends to Sandcreek. He explained part of it is Suitter’s, Brian’s, Morano’s and Clement’s. st The amounts of lanes were discussed for 1 Street and Curlew. Scott stated you could LID it for four lanes stth and when the commercial property comes in against 1 Street; require them to put in the 5 lane. Councilmember Bean stated we can’t do that if we are going to put curb and gutter in. He thinks we would have to put curb and gutter in. 4. Misc.: Travis Simpson, 695 Park Ave, Idaho Falls, stated he has a project he is doing and has some concerns and st questions regarding a street light being put in at Ammon and 1 Street. Mayor Ard stated that is not in the City of Ammon and it is Bonneville County, to which, he needs to speak to the County Commissioners. Ron Folsom talked about the impact area. Mayor Ard stated we decided to tell them that we wanted a reasonable area of development. Ron stated he called the County and figured where the right-of-ways are. He told them we want to begin at the southwestern point of where the regional sewer is going to come up and follow the railroad tracks. He inquired what point west do we want to go. It was discussed we won’t go south of Country Club st Road and to start at 1 East. It was discussed Idaho Falls has their sewer line down to York. City Council Minutes 01/17/2008 -- 7 Leslie commented about the construction dumpsters Councilmember Powell had inquired about. She stated they were supposed to be removed tonight. Inspectors are looking for those when they inspect. th Leslie inquired about RSVPs for February 11 for the Biolife Ribbon Cutting. It will be between 4 and 4:30. They would like to know as soon as possible. Leslie commented about the CM2H Hill open house also. She inquired about the impact fees free presentation. Councilmember Thompson stated he is interested. It was discussed to have it as a work session on February 14th. Leslie stated we will be coming up on our first daycare closure. She inquired to Scott about closing one down. Scott stated we will send them a business letter telling them you are revoking their business license because they don’t meet the statute. It was discussed it will have to be forcibly shut down if they do not cooperate. Councilmember Waite motioned to adjourn to executive session pursuant to Idaho Code 67-2345, Subsection 1F and 1B. Councilmember Thompson seconded. Roll call vote: Councilmember Waite – Yes, Councilmember Thompson – Yes, Councilmember Bean – Yes, and Councilmember Powell – Yes. The motion passed. The meeting adjourned at 11:46 p.m. ___________________________________________ C. Bruce Ard, Mayor ______________________________________ Leslie Folsom, City Clerk City Council Minutes 01/17/2008 -- 8