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Council Minutes 06/09/2005 CITY OF AMMON CITY COUNCIL MINUTES THURSDA Y, JUNE 9, 2005 The meeting was called to order by Mayor Ard at 7:35 p.m. in the City Building, 2135 South Ammon Road, Ammon, Idaho, with the following City Officials present: Mayor C. Bruce Ard Councilmember W. Lee Bean Councilmember Karen Y. Anderson Councilmember Rex Thompson Councilmember Randy Waite City Attorney Brian Tucker City Administrator Bruce Rose City Engineer Bill Manwill City Planning Director Ron Folsom City Clerk/Treasurer Diane Gempler Councilmember Anderson led the Pledlle of AIle2iance to the Flail and, Councilmember Thompson offered a Draver. Minutes Mav 5. 2005: Councilmember Waite motioned to approve the May 5, 2005, minutes as presented. Councilmember Thompson seconded. Roll Call Vote: Councilmember Waite - Yes, Councilmember Thompson - Yes, Councilmember Anderson, Councilmember Bean - Yes. The motion carried. Minutes Mav 19.2005: Councilmember Bean motioned to approve the May 19,2005, minutes as presented. Councilmember Waite seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Waite - Yes, Councilmember Anderson - Yes, Councilmember Thompson. Amended Minutes March 17.2005: Councilmember Anderson motioned to approve the Amended Minutes for March 17, 2005. Councilmember Bean seconded. Councilmember Anderson - Yes, Councilmember Bean - Yes, Councilmember Thompson - Yes, Councilmember Waite - Yes. Consent Al!enda: Councilmember Anderson motioned to approve the consent agenda. Councilmember Bean seconded. Roll Call Vote: Councilmember Anderson - Yes, Councilmember Bean - Yes, Councilmember Thompson - Yes, Councilmember Waite - Yes. The motion carried. Councilmember Anderson requested that any complaints regarding the Teton Spectrum Raceway be kept on file for review when renewal of their license is requested. Public Hearin2S: NONE Public Comment on Items Not On Al!enda: NONE LDS Church-21SO Avocet. Conditional Use Permit. Parkinll in an R-l Zone: Public Hearing was held before the Planning and Zoning Commission at their June 1,2005, meeting. City Planning Director Ron Folsom presented slides of the proposed. The property is located between Bittern and Avocet in the 2000 block, north of the existing church and parking area. Planning and Zoning voted unanimously to recommend approval of the permit. The Council discussed the requested Conditional Use Permit. Scott Nielsen, 990 John Adams Parkway, of Nielsen Bodily represented the church and answered the Council's questions regarding the request. Councilmember Anderson motioned to approve the Conditional Use Permit as requested. Councilmember Bean seconded. Roll call vote: Councilmember Anderson - Yes, Councilmember Bean - Yes, Councilmember Thompson - Yes, Councilmember Waite - Yes. The motion carried. City Council Minutes 06/09/2005 - I Familv Care Center Final Plat: City Planning Director Ron Folsom presented slides of the proposed Final Plat and vicinity. The property is located north of 49th South (Township) and east of 25th East (Hitt Road). Planning and Zoning voted unanimously to recommend the Council approve the Final Plat as proposed. The Council discussed the final plat. Councilmember Anderson motioned to approve the Family Care Center final plat conditioned upon negotiation of an acceptable Development Agreement. Councilmember Waite seconded. Roll call vote: Councilmember Anderson - Yes, Councilmember Waite - Yes, Councilmember - Bean, Councilmember Thompson - Yes. The motion carried. Pearl House Site Plan: City Planning Director Ron Folsom presented slides of the proposed Final Plat and vicinity. The property is located north of 49th South (Township) and east of 25th East (Hitt Road). Planning and Zoning voted unanimously to recommend the Council approve the preliminary site plan with the stipulation that access to Township be included in the Site Plan, and paved before Certificate of Occupancy for the second building is issued. The Council discussed the proposed site plan. Councilmember Bean motioned to approve the Pearl House Site Plan conditioned upon negotiation of an acceptable Development Agreement and 24' access drive from the south side of the site plan to Township Road. Councilmember Thompson seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Thompson - Yes, Councilmember - Waite, Councilmember Anderson - Yes. The motion carried. Pearl HouselFamilv Care Center Indemnification Ae:reement: Not addressed, agreement incomplete. Cobble Stone Preliminary Plat: Planning Director Ron Folsom presented slides showing the general vicinity and location of the property, and the proposed preliminary plat. The property is located north of 1st Street, south and east of Sand creek and west of the Fox Hollow Addition to the City of Ammon. Planning and Zoning member Tom Hunsaker reported on the Commissions discussions and recommendations. Planning and Zoning voted unanimously to approve the request with the following conditions: 1) Adjust Lot lOA, Block so it isn't split zoned, 2) Lot lOA marked on final plat as unbuildable, 3) Cross Lane adjacent to the development will be changed to a cul-de-sac. 4) The portion of River Walk Drive which is north ofthe homeowners section is longer than the 400 foot maximum cul-de-sac and in this instance it is acceptable. 5) No recommendation with regard to Tulip is being made at this time. Alan Cunningham, 1020 Lincoln Road, of Mountain River Engineering, presented the preliminary plat for the developer and answered the Council's questions regarding the plat. The Council discussed the proposed preliminary plat. Councilmember Thompson motioned to approve the Cobble Stone preliminary plat on the following conditions: Both Cross Lane and Tulip connect or the community is gated; and, sewer service to be provided by the City of Ammon and is to be connected to the Ammon sewer system. Councilmember Anderson seconded. Roll call vote: Councilmember Thompson - Yes, Councilmember Anderson - Yes, Councilmember Bean - Yes, Councilmember Waite - Yes. The motion carried. Broe:an Creek Preliminary Plat: City Planning Director Ron Folsom presented slides showing the general vicinity and location of the property. The property is located south and east of the Cottages in the Juniper Mountain addition to the City. Tom Hunsaker reported on the Planning and Zoning Commission's discussion and recommendations regarding the proposed preliminary plat. Planning and Zoning voted unanimously to recommend the Council approve the Brogan Creek Preliminary Plat with the following conditions: 1) The strip of ground belonging to Mrs. Mecham be obtained so connection with Tildy can be completed as specified in the Annexation Agreement, 2) future study of second access, 3) a second access to the north is included, 5) Access to Sunnyside to be completed in the 1st subdivision. Alan Cunningham, 1020 Lincoln Road, of Mountain River Engineering, presented the plat for the developer and answered the Commission's questions. The preliminary plat proposed is for larger lots than those in the Cottages and Quail Ridge additions. The Council reviewed and discussed the proposed preliminary plat. Councilmember Bean motioned to approve the Brogan Creek Preliminary Plat with the conditions that the right-of-way is obtained from the Mecham's by the developer so the bridge on Tildy can go through; Brogan Creek Drive is to be stubbed through for potential connection with Sunnyside; and, approval of final plats will be contingent on availability of water. Councilmember Anderson seconded. Roll call vote: Councilmember Bean- City Council Minutes 06/09/2005 - 2 Yes, Councilmember Anderson - Yes, Councilmember Thompson - Yes, Councilmember Waite - Yes. The Motion Carried. Oakrid2e Phase 1. Unit 3 - Site Plan: City Planning Director Ron Folsom presented slides showing the general vicinity and location of the property. The property is located intersection east of Curlew and north of 17th Street and is zoned GC-I. The building is planned to be used for office space. The current parking complies for that use, but not all uses in the GC-I zone. The developer has provided a letter stating their understanding that the parking will be re-evaluated by the types of businesses occupying the spaces. Planning and Zoning voted unanimously to recommend the Council approve the preliminary site plan The Council discussed the proposed site plan. Councilmember Bean motioned to approve the Oakridge Phase I, Unit 3 Site Plan as presented. Councilmember Thompson seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Thompson - Yes, Councilmember Waite - Yes, Councilmember Anderson - Yes. The motion carried. Resolution 2005-10 Fair HousinS!: City Clerk Diane Gempler presented the Council with Resolution 2005-10 declaring the City of Ammon policy concerning Fair Housing (attachment A) The Council discussed the proposed resolution. Councilmember Waite motioned to adopt Resolution 2005-10 as the Fair Housing policy of the City of Ammon. Councilmember Bean seconded. Roll call vote: Councilmember Waite - Yes, Councilmember Bean - Yes, Councilmember Thompson - Yes, Councilmember Anderson - Yes. The motion carried. Resolution 2005-11 Anti-Displacement Plan: City Clerk Diane Gempler presented the Council with Resolution 2005-11 declaring the City of Ammon policy regarding replacement of low to moderate income housing in the event such housing is converted or demolished conjunction with projects funded under the Housing and Community Development Act of 1974 (attachment B). The Council discussed the proposed resolution. Councilmember Thompson motioned to adopt Resolution 2005-11 as the City of Ammon Anti- Displacement Plan. Councilmember Bean seconded. Roll call vote: Councilmember Thompson - Yes, Councilmember Bean - Yes, Councilmember Anderson - Yes, Councilmember Waite - Yes. Resolution 2005-12 Grant Application Authorization: City Clerk Diane Gempler presented the Council with Resolution 2005-12 "A resolution to submit an application for an Idaho Community Development block Grant to assist in the Construction of an Infrastructure Project." (attachment C). The Council discussed the proposed resolution. Councilmember Anderson motioned to adopt Resolution 2005-12, Grant Application Authorization as presented. Councilmember Bean seconded. Roll call vote: Councilmember Anderson - Yes, Councilmember Bean - Yes, Councilmember Thompson - Yes, Councilmember Waite - Yes. The motion carried. Citizen Participation Plan: City Clerk Diane Gempler presented the Council with the Idaho Community Development block Grant Citizen Participation Plan (attachment D). The Council discussed the proposed plan. Councilmember Bean motioned to adopt the Citizen Participation Plan as presented. Councilmember Waite seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Waite - Yes, Councilmember Anderson - Yes, Councilmember Thompson - Yes. The motion carried. Christensen Request - Refund of Connection Fees: City Administrator Bruce Rose addressed the Council and explained the Christensen's request. The Christensen's applied for and were granted annexation of their property into the City of Ammon in the fall of2004. Water and Sewer connection fees were partially paid at the time. In the interim, Mr. Christensen was called to duty in the armed forces and the Christensen's have left the area. They have been unable to complete the water and sewer connections and have placed their home for sale on the market. They are requesting a refund of the connection fees paid. Councilmember Anderson motioned to refund the paid balance of the connection fees ($930.07). Councilmember Thompson seconded. Roll call vote: Councilmember Anderson - Yes, Councilmember Thompson - Yes, Councilmember Waite - Yes, Councilmember Bean - Yes. Title X Amendments - Ordinance: Not addressed, ordinance not complete at this time. City Council Minutes 06/09/2005 - 3 Swales vs. Curb & Gutter: City Administrator Bruce Rose reported that the problems with incorrect installation and maintenance have escalated. Staff is requesting that all future developments be required to be constructed with curb and gutter with underground drainage and retention ponds. The Council discussed the issue and concurred that until the ongoing enforcement problems are resolved. Councilmember Bean motioned that Council policy will be that any divisions that final plats have not approved will be curb and gutter, and direct staff to meet with the developers who are completing construction of platted parcels to improve swale construction and maintenance or convert to curb and gutter. Councilmember Thompson seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Thompson - Yes, Councilmember Waite - Yes, Councilmember Anderson - Abstain. The motion carried. Miscellaneous Discussion Items: The Council discussed the Ammon Centennial. Discussion of the proposed Eagle Drive Bridge was scheduled for next council meeting. Property owners on Eagle Drive will be invited to attend the meeting... Mayor Ard reported P&Z Chair Doug Willden has asked for the Council to appoint a couple of additional people to planning and zoning. The Council discussed the request. Mayor Ard will contact some interested individuals and make his recommendation at the June 23rd meeting Planning Director Ron Folsom and City Engineer Bill Manwill made recommendations to the Council regarding the extension of 17th Street to the east. Mayor Ard reported on flood mitigation research that he and Ron Folsom have done. The Council discussed the merits of embarking on a large scale flood mitigation program. City Attorney Brian Tucker reported to the Council on how he is handling the cases he is prosecuting. There have been comments by Sheriff's representatives regarding the number of cases that have been dismissed. And, revenue lost because of dismissals. Councilmember Thompson reported that he has received the contract from the Sheriff's office for FY2006. Councilmember Bean reported on a letter received by City Attorney Scott Hall from Mick Ohman, attorney for mSD. Councilmember Waite motioned to adjourn. Councilmember Thompson seconded. The meeting was adjourned to at 12:20 a.m. June 10, 2005. ~ City Council Minutes 06/09/2005 - 4 L