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12202007CouncilMinutes CITY OF AMMON CITY COUNCIL MINUTES THURSDAY, DECEMBER 20, 2007 AGENDA : CITY OF AMMON 2135 SOUTH AMMON ROAD CITY COUNCIL AMENDED AGENDA THURSDAY, DECEMBER 20, 2007 - 7:30 P.M. CALL TO ORDER: Mayor Bruce Ard at 7:30 p.m. Pledge of Allegiance – Councilmember Thompson Prayer – Councilmember Waite MINUTES: None ITEMS FROM MAYOR: 1.Ted Hendricks Update on Sewer Project 2. Planning and Zoning Confirmations New Terms Expire 12-31-10 Reappointments: Tom Hunsaker Richard Jaussi CONSENT AGENDA: Business License Accounts Payable – Exhibit A PUBLIC HEARINGS: None PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA: ACTION ITEMS: 1.River Bend Manor Preliminary Plat 2.Hawks Landing CCR’s (Exhibit C) 3.Hawks Landing Community Development Design Guidelines (Exhibit D) 4.Hawks Landing Architectural and Landscape Design Guidelines (Exhibit E) 5.Hawks Landing Sunnyside Sewer Line – Foothill Developers/City of Ammon Offsite Sewer Improvements/Reimbursement Agreement (Exhibit F) 6.Hawks Landing Master Plan Agreement 7.Hawks Div. 1 Final Plat 8.Hawks Div. 1 Development Agreement 9.Founders Point Div. 2 Final Plat 10.Founders Point Div. 2 Development Agreement 11.Ord. 449 - Title 7 Changes Adopting New 2006 Intl. Building Codes and Exceptions 12.Expedited Issuance of Drilling Permit for Well DISCUSSION ITEMS: 1.Commercial Buildings with Separate Ownership and Utility Situations 2.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 Dana Kirkham Councilmember Rex Thompson Councilmember Randy Waite City Administrator Bruce Rose City Engineer Lance Bates City Planning Director Ron Folsom City Attorney Scott Hall City Clerk Leslie Folsom City Officials Absent: None City Council Minutes 12/20/2007 -- 1 Councilmember Thompson led the Pledge of Allegiance to the Flag and Councilmember Waite offered the prayer. MINUTES: None ITEMS FROM MAYOR : 1. Ted Hendricks Update on Sewer Project: Ted Hendricks, The Development Company, stated he wanted to update the Council about the SRF loans for the water and sewer project. He explained both loans are approved and they are both being cleared environmentally, as we speak. The first week in January you will be able to draw down on your sewer. The additional loan money is still going through some processes, but the original $15 million is okay th for draw at 2% interest. The water fund can be drawn on the 26 or 27 of January because the environmental issues will be cleared by then. You can start using that $15 million, after that time. They will only give you what you need at this point and time which is what they have done in the past. Councilmember Bean inquired once we start drawing on those, how does the interest accrue. Ted explained he thinks you could pay as you wish. If you have the additional capacity to borrow, you can take the interest and let it accrue and become part of the project cost at the end of the project. Councilmember Bean inquired if we bonded for the $15 million. Ted stated yes. Councilmember Bean stated the bond is intended to pay the short term financing off and if we take and add the interest on to the $15 million then we won’t have enough to pay. Ted agreed. He explained on the sewer, for example, we would incur additional debt because of the low interest rate. We agreed with the State to do that so that we could get more money to put into the sewer project. Councilmember Bean inquired how they would incur more debt. Ted explained there are two ways, you can have another bond election or call it an ordinary and necessary expense and have it judicially confirmed. Councilmember Bean inquired if we are going to have to increase our portion. Ted stated we are pretty sure we will have to increase our portion due to costs going up, like construction. The construction costs are the main reason we need the additional debt which is why the State lowered our interest rate. He believes we applied for $9 million additional between both cities and they have approved the additional money to come to both Ammon and Shelley.. Mayor Ard asked if when the paperwork is finished they will send us a letter. Ted stated they will not. They want us to be able to legally borrow the money now. We either have to have a bond election or we have to do judicially confirmed process. Once we do either one of those and we have the authority to incur that extra debt, they will say it is approved and done. You will get a conditional letter saying once you have completed the necessary steps to legally incur the additional debt over and above the $15 million, they will give you the additional loan. Both cities will get that. They just worked that out yesterday and the letter should be coming after the first of the year. Ted stated you can start drawing down on either one of the sewer or water projects and use that as your interim financing money. Whether you fund the interest expense that we accumulate, however you would like, we can get it set up through the State. You can also let it accrue through the project, then you can pay it at the end and include it as a project cost if we have the capacity within our debt structure. Ted stated the other issue he would like to update Council on was the original town site potential project. He stated in talking with the State, they will accept the survey that was conducted and completed, which makes the original town site eligible to apply for a $500,000 grant. It has to be a direct benefit to those homes. You can also give the money as a direct benefit to anybody inside the limits of the City of Ammon. He explained if you decided to put meters in and there are a lot of service lines that have been in the ground for 40 years that are leaking, you could go in and put the meter in for that house, but also replace that line on the private property going all the way into the home. In order for that household to receive that benefit, they have to meet the low to moderate income standard that he has previously talked about. This kind of project can happen on an individual basis for any resident inside Ammon that would qualify - not just the original townsite. Councilmember Bean inquired if the $500,000 can be spent for the meters or does it have to be spent for the direct lines. Ted stated it can be spent for the meters on that household, as long as, they qualify. You have to qualify everyone on an individual basis. Councilmember Bean inquired how many total homes we had in the town site that they surveyed. Ted stated he cannot remember, but he thinks around 200 -220 homes. He figures the meter and the line would be about $1500 per household. It has to be direct benefit to the LMI households. Councilmember Bean inquired what the low to moderate income standard represented. Ted explained it is based on household size, the county you live in, etc. He explained it is not listed on the survey, but we can extrapolate it on a percentage basis. He explained in the original town site, about 60% qualified. You have about 120 homes that qualify, but you will have other homes that will qualify that are not in the original town site. Ted explained when we are ready to draw down either one of those monies; we have to go through some processes. There are formal pay requests that have to be done, which he will do. There are usually bills that are attached. Ted Hendricks stated they have not applied for that $500,000 grant. They are waiting for Council to make their decision and then it is an eligible cost, the survey is good for at least two years. He explained they have time, but as soon as they decide, let them know. City Council Minutes 12/20/2007 -- 2 Husk from Forsgren and Associates stated he had a couple of things to brief Council on also. He stated it looks positive that the bill, which has the 595 money for Idaho, will be approved by the President. So the money we have been anticipating for the regional system will come in this year. It will go to the Army Corp of Engineers and we still have to work through them on how much money is going to Idaho and our project. There are a couple of other projects competing for that money as well, but we will get some of it – pretty close to what we anticipated. He thinks it will be enough to get the eastern interceptor designs started, he talked to the developer on it and he is ready to move forward and commit some of his money. Husk stated the plans for the first phase of the treatment plant have been submitted to the Army Corp of Engineers and DEQ for their review. So we are on schedule and hopefully start construction in the spring. Husk explained they are working on the coordinating ordinance. Bonneville County has a specific issue regarding the regional authority signing off on the plats. The Regional Authority would like it completed, as soon as possible, because it ties into the funding and the standards. 2. Planning and Zoning Confirmations New Terms Expire 12-31-10; Reappointments: Tom Hunsaker, Richard Jaussi: Mayor Ard stated they have a couple of reappointments for Planning and Zoning coming up and he would like to recommend to reappoint Tom Hunsaker and Richard Jaussi. It was discussed it is a 3 year term good until 2010. Councilmember Thompson motioned to approve the appointments of Tom Hunsaker and Richard Jaussi to Planning and Zoning for a term of 3 years to expire on 12/31/2010. Councilmember Kirkham seconded. Roll call vote: Councilmember Thompson – Yes, Councilmember Kirkham – Yes, Councilmember Bean – Yes, and Councilmember Waite – Yes. The motion passed. CONSENT AGENDA : CITY OF AMMON BUSINESS LICENSE CONSENT AGENDA Thursday December 20, 2007 License applications are pending in the City Office for the following: GENERAL BUSINESS LICENSE 2007: 1.NEWGENERAL BUSINESS LICENSE APPLICATION: st A.Southard, Virginia – Daycare Employee – Lighthouse Montessori – 2664 E. 1 St. th B.Rashotte, Amorelle “Amy” – Daycare Employee – Sunny Day’s Daycare – 4366 E. 17 st C.Reynolds, Amanda – Daycare Employee – Snake River Montessori – 2970 E. 1 St. th D.Reese, Lindsey – Daycare Employee – Sunny Day’s Daycare – 4366 E. 17 2.RENEWALBUSINESS LICENSE APPLICATION: th A.Bank of Commerce – Banking – 3113 S. 25 E. B.Gables of Ammon – Assisted Living Center – 1405 Curlew C.Skidmore’s – General Contractor – 3920 E. Sunnyside Rd. D.City Storage – Storage Units – 1800 S. Ammon Rd. th E.Family Chiropractic Center – Chiropractics – 3298 E. 17 St. F.Teton Spectrum Raceway – Entertainment – 2363 Eagle Drive th G.Peak Performance Therapy Services – Physical Therapy – 3456 E. 17 St. Ste. #130 th H.Washington Mutual – Banking – 1711 S. 25 E. th I.Circuit City Stores, Inc. #3377 – Retail Sales – 1951 S. 25 E. th J.Ky-Ani Sun, Inc. – Retail Sales – 3456 E. 17 Street Suite #215 th K.Coldstone Creamery – Restaurant – 2019 S. 25 E. th L.Kmart Corp. #4748 – Retail Sales – 3101 E. 17 Street M.Auto Lube Services, Inc. – Auto Service – 2523 E. Sunnyside Rd. N.Falls Water company, Inc. – Utility – 1770 Sabin th O.Piano Gallery – Retail Sales – 3050 E. 17 Street th P.Sunnyside Automotive – Auto Repair – 3790 E. 17 Street th Q.Carpet Mart – Retail Sales – 1572 S. 25 E. th R.Rush Auto Parts – Retail Sales – 2565 E. 17 Street th S.Kartchner Homes of Idaho, Inc. – Residential Construction – 3456 E. 17 St. Ste. #210 th T.Sportsman’s Warehouse – Retail Sales – 2909 S. 25 E. th U.Merlin’s T.V. – Retail Sales – 2489 S. 25 E. th V.Signature Party Rentals – Retail Sales – 3160 E. 17 Street Ste. #160 th W.Robert N. Dansie, CPA, P.A. – Accounting – 3456 E. 17 Street Suite #185 th X.Staples the Office Superstore – Retail Sales – 1999 S/ 25 E. th Y.Pita Pit – Restaurant – 2035 S. 25 E. th Z.Soapy’s Auto Wash – Retail Sales – 2523 E. 17 Street th AA.McDonalds of Wal-Mart/Trent Cichos – Restaurant – 1275 S. 25 E. th BB.Floyd Insurance Group – Insurance – 3380 E. 17 Street th CC.Commercial Tire – Retail Sales – 2525 E. 17 Street th DD.Hollywood Video #012-100 – Retail Sales – 1778 S. 25 E. City Council Minutes 12/20/2007 -- 3 EE.Waters Construction – Construction – 2710 Midway th FF.Ameritel Inn – IF Spectrum – Hotel – 2501 S. 25 E. th GG.Alyce Clegg Photography – Photography – 3160 E. 17 Street Suite #130 th HH.Yellow Book Sales and Distr. – Retail Sales – 3456 E. 17 Street Ste. #100 II.Battleson Floor to Ceiling – Retail Sales – 1748 Cabellaro Drive th JJ.Sunny Day’s Daycare – Commercial Daycare – 4366 E. 17 Street th KK.Interstate Brands Companies – Retail Sales – 3035 E. 17 Street th LL.Frito Lay – Retail Sales – 2582 E. 14 N. th MM.Mutual of Enumclaw – Insurance – 3456 E. 17 St. Ste. #180 th NN.Foot Solutions – Retail Sales – 939 S. 25 E. Ste. #100 th OO.McDonald’s of Ammon – Restaurant – 1875 S. 25 E. th PP.Phase 4 Stereo – Retail Sales – 3135 E. 17 Street th QQ.Edward D. Jones & Co. – Finance – 2677 E. 17 Street Ste. #200 th RR.Excelsior Stucco – Construction – 4406 E. 17 Street th SS. Leslie Boehm Shoe Store, Inc. dba Redwing Shoe Store – Retail Sales – 2003 S. 25 E. HOME OCCUPATION PERMITS 2007: 1. RENEWAL HOME OCCUPATION PERMITS: A.Window Elegance – Retail Sales – 4251 Willow Canyon Drive B.NTL Group, Inc. – Consulting – 3789 Windmill Drive C.Modern Image (Brasier, Sheri) – Salon – 3954 Milestone Cir. D.Johnson, Terri – Gymnastics Instruction – 3760 Georgia Lane E.Walters Exteriors, Inc. – Construction – 2005 Curlew Dr. F.ABC Transportations, Inc. – Public Transportation – 1935 Bittern G.Loveland Rentals – Storage Space Rentals – 3325 Rawson LIQUOR/BEER/WINE WITH GENERAL BUSINESS LICENSE 2007: 1. RENEWAL LIQUOR/BEER/WINE WITH GENERAL BUSINESS LICENSE: th A.Carino’s Italian Grill – Restaurant/Liquor by the drink/Beer/Wine on Premise 2833 S. 25 E. th B.Wal-Mart Stores – Retail Sales/Beer & Wine Sales off Premise – 1201 S. 25 E. th E. C.El Madrono, Inc. dba Sol Rio – Restaurant – Liquor by the drink/Beer/Wine on Premise–2635 S. 25 th D.Great Hunan Chinese Restaurant – Restaurant/Retail Sale of Beer on Premise – 2647 S. 25 E. th E. Albertson’s Express #174 – Retail Sales/Beer & Wine Sales off Premise-1719 S. 25 E. Councilmember Bean motioned to approve the Business License Consent Agenda as presented. Councilmember Waite seconded. Roll call vote: Councilmember Bean – Yes, Councilmember Waite – Yes, Councilmember Thompson – Yes, and Councilmember Kirkham – Yes. The motion passed. Councilmember Waite inquired if the Accounts Payable Consent Agenda included the Phase one Eagle Drive project. It was discussed it was under Streets Department. Lance Bates stated Phase One is essentially complete and that bill is for Phase one of the contract and it did come in under budget. He explained they have sent nd out the notice of receipt for Phase two which is actually building the bridge. They are hoping to be there in the 2 week of January. He explained what Phase one involved. Councilmember Bean inquired about the Ameritel water meter. Lance stated that Ameritel did not have a water meter in there, so we purchased one to put in there so that we would have them on a meter. Councilmember Bean stated for the past couple of years he has been told there was a water meter there. He wants to know who was reading it. Lance stated either there was a problem with the meter there or there was not one there. It was discussed that it was not working. Councilmember Bean motioned to approve the Accounts Payable Consent Agenda as presented. Councilmember Waite seconded. Roll call vote: Councilmember Bean – Yes, Councilmember Waite – Yes, Councilmember Thompson – Yes, and Councilmember Kirkham – Yes. The motion passed. PUBLIC HEARINGS: None PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA: Sandy Jaussi, 605 Match Point, stated she has come before Council regarding the new development off Curlew. She stated the single home ratio is now a meager 20%, 80% high density. There are still lots to be developed with zoning to allow more high density housing. She explained this new developer is from Salt Lake and is only concerned about money, not our community. She stated his first request was 90 plus units, which was shot down by Planning and Zoning. He cut it down to 66 units, 11 two-story six-plexes. Planning and Zoning passed it, because it is zoned for that. She would like to know why. She stated this is planted between two single home subdivisions. She feels it will have a huge impact on our area. She feels there will be direct impact on traffic also and feels the traffic study was not correct. She asked Council to stop development in this area until they take a close look and reassess zoning, even if it requires rezoning and the City Council Minutes 12/20/2007 -- 4 takings by the City. She feels we need to rebalance this part of Ammon. She requested to stop all growth over there until, like the water wells, the infrastructure is in place and the D rating traffic mess has been fixed. Councilmember Bean stated we needed to make note that this was not a public comment regarding items not on the agenda, but is in fact, directly related to the next action item. ACTION ITEMS : 1. River Bend Manor Preliminary Plat: Planning Director Ron Folsom explained where the property is and that it is the property Mrs. Jaussi was just talking about. He explained it is currently zoned R2A, and the property to the north is zoned GC1, directly west is R2A, and south is zoned R1. He explained the property on the south has an approved final plat, Oakridge that has not been recorded yet – but is in the process. Tom Hunsaker, Planning and Zoning, reported that his emotions feel the same way as Mrs. Jaussi. He went through what the Public Hearing testimonies were. He stated the traffic study was done the way they were asked to do and at the time it made sense. The one thing was the intersection of John Adams and Tiebreaker. He feels some things might have been overlooked. Councilmember Bean feels it does address that intersection. Tom explained most of the citizens expressed concerns about the traffic. Tom explained the plat itself meets all of our requirements. He explained they are a little tight, especially Lot 5 on Block 2 with width. He explained the averages for each building. He explained they would have off street parking available and it exceeds our minimum. He stated they approved it with one “no” and put some recommendations on as well. Councilmember Bean inquired what Richard Jaussi’s “no” was based on. Tom stated he would have liked to agree, but couldn’t legally find a way to do so. Tom stated Richard’s basis was because of the high density in that area. Councilmember Thompson stated there are 220 single family detached homes, 291 twin homes, 460 high density units at the present time, 16 acres zoned R3A – which allow another 270 high density within a half mile of this property. Tom explained the recommendations were that until John Adams goes all the way through from Ammon to Hitt and until Curlew goes thst all the way through from 17 to 1, we have a huge problem at the intersection of John Adams and Tiebreaker. He feels that really needs to be a four-way stop until we can get those opened and functioning properly. Another recommendation was to John Adams and Curlew, the whole mile through, before we issue any more building permits. Ron Folsom explained one of the things we have to remember is this is a preliminary plat. He explained just because the developer showed us something he plans on doing, does not mean he will do that and he doesn’t have to. Ron stated he stressed to Planning and Zoning they need to look at this as a plat only and if you want to see site plan they are proposing, he will show it, but it does not lock it in to that. The site plan will have to come before us because it has buildings with more than 4 units in it. Councilmember Kirkham stated it does present an issue and we agree it is a problem. She would recommend that the legalities don’t allow them to deny this, but perhaps it is time to reopen the comprehensive plan and look at that section and determine if that is really the way we want that area to develop. Ron stated that one discussion was if they could legally rezone property. He stated he talked to Scott and yes we can do it, but we would be caught up in takings. Ron stated he also talked to Robert Suitter and told them they are interested in rezoning. He stated everyone that he has talked to on the east of that property, all of the development talk, has been to residential people. He asked Robert if he would talk to the family and let them know we are interested in rezoning. Councilmember Bean inquired how many square feet are in each one of the units. Ron explained there is about 23,000 square feet minimum lot size. Councilmember Bean inquired how they compare to Greenfield. Ron feels they are close to the same. Ron explained it is not a site plan review though. Councilmember Bean feels they will turn into apartments. He wonders if we have a problem with how we define town houses and we should define them as not more than two units. th Mike Arneson, HPH Consulting Engineers 1970 E 17 Street Suite 203 in Idaho Falls, stated his firm prepared the traffic study but did not do the preliminary plat. He explained Mr. Hymel was not able to be here tonight, but he will try to address any questions you might have. He added that at Planning and Zoning there were people who were in favor of the development because they recognized that it was zoned and it could be worse that what it is. He explained the traffic study was actually based on the original proposal of 93 units. He feels everything Mr. Hymel is proposing complies with the ordinances. Councilmember Thompson inquired about the traffic study and the traffic will be generated from that area. He inquired if they realized that by having the street go through and connecting those two streets you will be able to thst drive from 17 to 1 Street without stopping and this will be significant. Councilmember Bean stated he doesn’t understand how it is increasing traffic because he feels it is just shifting it over. Councilmember Thompson stated until Curlew goes through, Tiebreaker will not get any relief. Mike Arneson stated the study was scoped to assess how many new trips this proposed development would add to the intersections that were of concern at the Council study session. He does not disagree that any time you put new roads in, it will change traffic patterns. He explained that was beyond the scope they were asked to City Council Minutes 12/20/2007 -- 5 perform. He feels there would be a stop sign where Riverbend connects to John Adams. Councilmember Thompson stated initially there would not be a stop sign. Mike stated they also observed residences along Tiebreaker for a period time and about 80% of those residences would go to the south. Councilmember Bean inquired if Mike was here representing the developers. Mike stated he is, but has limited familiarity. He explained it is a 2 story product that is upscale. Councilmember Bean inquired how many square feet are in each unit. Ron Folsom explained they are 1300 – 1800. Councilmember Bean inquired what Greenfield’s was. Ron stated he thought it was 1100 – 1300. Council discussed what possibly could be built to the south of the new development. It was discussed it is zoned commercial. Councilmember Bean inquired to Councilmember Thompson what he feels we should do. Councilmember Thompson stated he feels we can open the comprehensive plan and that we should do that - something needs to be done. Councilmember Kirkham agreed that we should open it up. Councilmember Bean agreed, but we have to do it in conjunction with the land owners. Councilmember Thompson commented on a spot to put our tank. Ron Folsom commented about the white strip piece of property and that Groberg owns it and wants to donate it. It was discussed it is .32 acres. Councilmember Thompson thinks it is the ditch right-of-way. Councilmember Bean inquired to Lance how much we need for the tank. Lance stated about an acre. Ron stated he has talked to the developer of this property about the possibility of tank placement. It was discussed if it was possible to get a tank on Lot 4. Ron stated based on his conversation, if he could trade a portion of properties so that he could get his storm retention back – he would be willing to do that. If we need more land than that, then we would have to look into purchasing it. Councilmember Thompson commented the traffic problem in this area is like the water problem in the foothills. Until we get something to alleviate the problem, he doesn’t think growth in that area is a good thing to do. Councilmember Thompson inquired if there are any other intersections that have a “D” rating. Lance stated he did not know of any. Scott Hall inquired if you require this developer to extend John Adams to the west, Curlew to the North to where they intersect, does that solve any problems. Councilmember Thompson stated no. Curlew would st have to go to 1 Street to solve the problem. st Mike Arneson stated if you put a signal now at 1 and Tiebreaker, the volume on Tiebreaker would go through the roof. People don’t go there because of the difficulty, but if you put a signal there the traffic would go up. Councilmember Bean recommended that we put John Adams and Curlew on our next work session. He suggested we discuss all the property around there and the LID funds. Councilmember Bean inquired to Scott Hall if we need the approval of the property owners to do a LID. Scott Hall stated he is not sure; he would have to look at the statutes. Bill Manwill, M2E, stated you can initiate a LID with 100% opposition. Bill stated he has been involved with many LIDs through the county. Councilmember Kirkham stated we have to have reason. st Councilmember Bean stated we will have to have a traffic study, etc. Scott Hall stated if you run Curlew on to 1 st Street, you still can’t carry the traffic unless you do something with 1 Street. He feels this would be a fairly large LID. Councilmember Bean stated it may be about $500,000. Councilmember Thompson stated there are enough questions about what can come in on that plat and his biggest question is can we put a tank there. He feels it is premature to approve a plat unless we know we can put a tank there. Councilmember Kirkham agreed. Scott Hall inquired if his thought is if they cannot negotiate something with the owner, then you will condemn the property and take the tank. Councilmember Thompson agreed, because it is the best place for a tank. Lance stated the owner is amiable to it. Councilmember Thompson motioned to table the Riverbend Preliminary plat until we have an opportunity to go through it in work session. Councilmember Kirkham seconded. Roll call vote: Councilmember Thompson – Yes, Councilmember Kirkham – Yes, Councilmember Bean – Yes, and Councilmember Waite – Yes. The motion passed. 2. Hawks Landing CCR’s (Exhibit C): Council talked about the changes made during the work session and that they were agreeable to them and ready to move forward. Councilmember Kirkham feels we are fine with the CCRs. Councilmember Kirkham motioned to approve Hawks Landing CCRs (Exhibit C). Councilmember Bean seconded. Roll call vote: Councilmember Kirkham – Yes, Councilmember Bean – Yes, Councilmember Waite – Yes, and Councilmember Thompson – Yes. The motion passed. 3. Hawks Landing Community Development Design Guidelines (Exhibit D): It was discussed the alley way was taken out and everything is correct. Ron stated there is a clarification, in the ordinance and here, on an allowance for secondary buildings. If it is 12 feet behind the existing house, then they can go to the property line or in an alley way within 3 feet. Councilmember Bean inquired if it needs to be in writing somewhere. Ron doesn’t think it does. He stated you would have to go to the PUD where it is located and we could add a sentence there. It was discussed they would add it into the sections where the 12 foot is addressed. Lance Bates inquired if we would City Council Minutes 12/20/2007 -- 6 be addressing the street light issue. Councilmember Kirkham stated yes. Lance stated they have decorative right now, and we need to note it. Councilmember Kirkham motioned to approve Hawks Landing Community Development Design Guidelines (Exhibit D). Councilmember Waite seconded. Roll call vote: Councilmember Kirkham – Yes, Councilmember Waite – Yes, Councilmember Thompson – Yes, and Councilmember Bean – Yes. The motion passed. 4. Hawks Landing Architectural and Landscape Design Guidelines (Exhibit E): Lance Bates stated this is where the 3 foot language addition will be that was talked about previously. It was discussed on page 15 and page 8. Lance stated that on the last paragraph on page 15, it is requiring concrete not asphalt. Councilmember Kirkham motioned to approve the Hawks Landing Architectural and Landscape Design Guidelines (Exhibit E) with addition of the language on page 15 that all structures, permanent or temporary must have minimum of 12 foot allowance. Councilmember Thompson seconded. Roll call vote: Councilmember Kirkham – Yes, Councilmember Thompson – Yes, Councilmember Bean – Yes, and Councilmember Waite – Yes. The motion passed. 5. Hawks Landing Sunnyside Sewer Line – Foothill Developers/City of Ammon Offsite: Councilmember Bean motioned to approve the Hawks Landing Sunnyside Sewer Line – Foothill Developers/City of Ammon Offsite as proposed. Councilmember Waite seconded. Roll call vote: Councilmember Bean – Yes, Councilmember Waite – Yes, Councilmember Thompson – Yes, and Councilmember Kirkham – Yes. The motion passed. 6. Hawks Landing Master Plan Agreement: Planning Director Ron Folsom stated the only changes are about parking on page 9. Councilmember Bean motioned to approve the Hawks Landing Master Plan Agreement. Councilmember Kirkham seconded. Roll call vote: Councilmember Bean – Yes, Councilmember Kirkham – Yes, Councilmember Thompson – Yes, and Councilmember Waite – Yes. The motion passed. 8. Hawks Div. 1 Development Agreement: Planning Director Ron Folsom explained that SC4 was the addition that was discusses the other night regarding road improvements. Councilmember Waite motioned to approve Hawks Div. 1 Development Agreement. Councilmember Bean seconded. Roll call vote: Councilmember Waite – Yes, Councilmember Bean – Yes, Councilmember Thompson – Yes, and Councilmember Kirkham – Yes. The motion passed. 7. Hawks Div. 1 Final Plat: Councilmember Bean wondered if we should approve the development agreement before the final plat. Ron stated yes we should. Councilmember Bean inquired to Lance if this final plat meets his approval. Lance stated it does. Councilmember Thompson inquired about the easement that goes through Lots 5 and 6, and inquired if Lot 6 is still a buildable lot. Lance stated it has been addressed and there is still a lot of room on that lot. It was discussed it is a power line easement. Councilmember Thompson inquired about Boulder Creek Road and if it connects to anything. Troy Burnett, RME, stated it goes to Founders Point and will make a second access. Councilmember Bean motioned to approve Hawks Div. 1 Final Plat. Councilmember Thompson seconded. Roll call vote: Councilmember Bean – Yes, Councilmember Thompson – Yes, Councilmember Kirkham – Yes, and Councilmember Waite – Yes. The motion passed. Due to medical reasons Councilmember Thompson left after this vote. 10. Founders Point Div. 2 Development Agreement: Ron Folsom stated they added SC4 about the wells and sewer maintenance. Councilmember Kirkham motioned to approve the Founders Point Div. 2 Development Agreement. Councilmember Waite seconded. Roll call vote: Councilmember Kirkham – Yes, Councilmember Waite – Yes, and Councilmember Bean – yes. The motion passed. 9. Founders Point Div. 2 Final Plat: It was discussed to do the Founders Point Development agreement first, then the Final Plat. Ron explained on the plat there were changes that Lance suggested at Planning and Zoning and this plat came after he had sent the packet out. This one meets the requirements that Lance had. Troy Burnett, 1550 Midway RME, stated they also exempted out two lots on the far north and far south. Councilmember Bean motioned to approve Founders Point Div. 2 Final Plat. Councilmember Waite seconded. Roll call vote: Councilmember Bean – Yes, Councilmember Waite – Yes, and Councilmember Kirkham – Yes. The motion passed. City Council Minutes 12/20/2007 -- 7 11. Ord. 449 – Title 7 Changes Adopting New 2006 Intl. Building Codes and Exceptions: Ron Folsom explained it is just to adopt the code and adding exception. He stated there is one small change on page 2 of Chapter 1. On the back, Item #7 is not necessary and it is removed. Councilmember Bean inquired about page 4; subsection C4, there is some grammar that needs to be corrected. He said it is the same thing on D also. Ron will check it. Councilmember Bean read Ordinance #449, AN ORDINANCE OF THE CITY OF AMMON, OF THE STATE OF IDAHO, REPEALING, RE-ENACTING AND AMENDING TITLE 7, CHAPTERS 1, 5, 7 AND 8 OF THE CITY CODE OF AMMON, IDAHO, TO ADOPT THE INTERNATIONAL BUILDING, MECHANICAL, FIRE AND ENERGY CONSERVATION CODE OF 2006 AND CERTAIN EXCEPTIONS TO SAID CODES; PROVIDING FOR SEVERABILITY; REPEALING CONFLICTING ORDINANCES AND Councilmember Bean motioned that the City Council dispense with the rule PROVIDING AN EFFECTIVE DATE. 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, and Councilmember Waite – Yes. The motion passed. Councilmember Bean read Ordinance #449, AN ORDINANCE OF THE CITY OF AMMON, OF THE STATE OF IDAHO, REPEALING, RE-ENACTING AND AMENDING TITLE 7, CHAPTERS 1, 5, 7 AND 8 OF THE CITY CODE OF AMMON, IDAHO, TO ADOPT THE INTERNATIONAL BUILDING, MECHANICAL, FIRE AND ENERGY CONSERVATION CODE OF 2006 AND CERTAIN EXCEPTIONS TO SAID CODES; PROVIDING FOR SEVERABILITY; REPEALING CONFLICTING ORDINANCES AND Councilmember Bean motioned to adopt Ordinance #449 as an ordinance of the PROVIDING AN EFFECTIVE DATE. City of Ammon on this third and final reading. Councilmember Kirkham seconded. Roll call vote: Councilmember Bean – Yes, Councilmember Kirkham – Yes, and Councilmember Waite – Yes. The motion passed. 12. Expedited Issuance of Drilling Permit for Well: Councilmember Bean motioned to approve the Mayor signing the expedited issuance of drilling permit for well. Councilmember Kirkham seconded. Roll call vote: Councilmember Bean – Yes, Councilmember Kirkham – Yes, and Councilmember Waite – Yes. The motion passed. DISCUSSION ITEMS : 1. Commercial Buildings with Separate Ownership and Utility Situations: City Clerk Leslie Folsom stated she feels we either need to get a policy or a resolution for this. She stated the problem is people are coming in with one lot and building on it with one water line going in, then selling the building to two different owners. She doesn’t know how you are going to be able to meter that. Leslie stated she talked to the title companies and they did not borrow the money so they were able to submit the plans without any utility easement rights on it. Ron stated they have to have fire walls if they are dividing property. Leslie stated if we establish a policy now it will help. It was discussed that if there is a meter then it becomes their problem of how to separate it, they will have to work together. Leslie stated she is charging two separate utilities right now. Councilmember Bean inquired to Ron if we have a policy or an ordinance that states, if you have multiple units you have to have a line going into them. Ron stated only in the town houses. Ron stated that on the strip malls we had them stub a 2 inch line and stub off for every division they needed. It was discussed we should do something like that. Council discussed billing for one building and then they have to work it between them. Leslie commented if we could have a policy that when we catch this, we can tell them they have to split the line. Councilmember Bean suggested making them go in and put a second shut off in there. Councilmember Kirkham commented we should make a policy making them split the line. Lance stated where we catch them doing this; we can either put a stop on their license until they get it figured out or catch it and turn off their water until they do it. If they don’t put in separate line, then they don’t operate. Councilmember Bean agreed. Leslie stated the other thing she is running into is the ownership. She stated if she gets both owners yelling at her and can’t get a solution, she will have them go before Council. It was discussed there are 3 situations like this so far. Scott Hall stated that Idaho Falls makes them sever the line and have a shut off to each portion. It is for safety so they do not flood each other. Ron stated we could write something into our ordinance. He stated that we could put that anytime they sell off a portion of a commercial building; they have to have a condo plat for the property. It was discussed to put it in an ordinance. 2. Misc.: Lance commented about the railroad crossing on John Adams Parkway. The County has an agreement with Eastern Idaho Railroad they are moving forward with it. They are working on a draft for the County and the City. They hope to have it done in the spring or summer of next year. Councilmember Bean asked Ron to go to Rockwell and tell them we need their money. Lance stated there are members of the Public Works Department that are concerned with next Wednesday after a 4 day week, having problems with food establishments and their dumpsters. He authorized a crew to come in on Monday and go through those food establishments so we don’t have to wait until Wednesday. This will be overtime. City Council Minutes 12/20/2007 -- 8 Councilmember Kirkham stated if everything goes well, there will be a reception for Sheriff Stommel on rd January 3. st Councilmember Kirkham stated the School District called her today and are wondering about the 1 Street stst expansion and how immediate our plans are to widen 1 Street. They are suggesting using 1 Street as a division and removing the crosswalk. Mayor Ard stated he is not sure we can completely do away with the crosswalk, but st we could do a school zone. Councilmember Kirkham stated if the school uses 1 Street as a boundary, and they no longer have kids cross, they will pull the school zone. They would shift it to Midway. They would like to have Council’s support. Mayor Ard stated he doesn’t feel it hurts us. It was discussed there will still be a playground there. Councilmember Bean stated for safety reasons we are all okay. Councilmember Bean motioned to adjourn. Councilmember Waite seconded. All in favor, the motion passed. The meeting adjourned at 9:30 p.m. ___________________________________________ C. Bruce Ard, Mayor ______________________________________ Leslie Folsom, City Clerk City Council Minutes 12/20/2007 -- 9