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Council Minutes 01/20/2005 CITY OF AMMON CITY COUNCIL MINUTES THURSDAY, JANUARY 20, 2005 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 C. Bruce Ard Councilmember W. Lee Bean Councilmember Karen Y. Anderson Councilmember Rex Thompson Councilmember Randy Waite City Attorney Scott Hall City Engineer Bill Manwill City Administrator Bruce Rose City Planning Director Ron Folsom City Clerk/Treasurer Diane Gempler Councilmember Waite led the Plede:e of Allee:iance to the Flae: and, Councilmember Bean offered a praver. Minutes Januarv 6. 2005: Councilmember Anderson motioned to approve the January 6, 2005, minutes. Councilmember Waite seconded. Roll call vote: Councilmember Anderson - Yes, Councilmember Waite- Yes, Councilmember Bean -Yes, Councilmember Thompson -Yes. The motion carried. Items from Mavor: Mayor Ard reported that following the presentation by FEMA on January 13, Kurt Welker had contacted him, asking that the City void his building permit and refund the fees. Consent Ae:enda: The Council discussed the application for home occupation permit for Ashley Egan. Planning Director Ron Folsom reported the Egan's have obtained a building permit, and both George Klomp and Bill Brotherson have inspected the home. The home still does not conform to zoning regulations as there is no garage on the property. Councilmember Bean motioned to approve the Consent Agenda as presented with the exception of Ashley Egan's Home Occupation Permit which is approved with an expiration date of August 15,2005, at which time renewal will be conditioned upon a conforming garage being constructed on the property. Councilmember Thompson seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Thompson - Yes, Councilmember Waite - Yes, Councilmember Anderson - Yes. The motion carried. ACTION ITEMS: Ammon Park Center Annexation Ae:reement and Ordinance: Mayor Ard reported on discussions he has had with Dean Mortimer. The Council discussed the issue of sewer service for the development Casey Dennert of Benton Engineering addressed the Council indicating that they have had discussions with IBSD and they are willing to install the metering stations. The Council discussed conditions to be included in the Annexation Agreement. Specifically, SC-I requiring metering station(s) wherever the sewer line from the development connects to the Ammon system, as the property is serviced by IBSD; and, SC-2 participation by the developer in the cost of signalization of Ammon Road at 17th Street and/or Midway at 17th Street. Mark Andrus addressed the council regarding the requirements proposed. He requested that the annexation agreement be tabled at this time. Libertv Square Site Plan and Parkine:: City Planning Director Ron Folsom presented slides of the proposed site plan. He reported that a public hearing was held before Planning and Zoning at their January 5,2005, meeting, to hear a request by the developer(s) for a variance in the number of parking spaces City Council 01/20/2005 - 1 required.. Notice of the hearing was published in the Post Register on December 22 and December 29, 2004, and mailed to property owners within 500' and other interested parties. The Planning and Zoning Commission voted unanimously to deny the request for variance as the request does not fall under variance guidelines. Planning and Zoning recommend approval of the Site Plan, with the reduced parking as proposed, citing 10-5-23 D6 (other uses not listed). The council discussed the request for a reduction in the number of parking spaces required. Brent Johnson answered the Council's questions regarding the parking request. Planning and Zoning member Tom Hunsaker reported on the Commission's discussions and motions with regard to the requested reduction in parking required and the proposed site plan. The Commission recommends that the developer be required to enforce a one vehicle per unit maximum. Councilmember Bean motioned to deny the request to decrease the parking required. There was no second. The motion died. Councilmember Anderson motioned, as the Board of Adjustment, to reduce the number of parking stalls required for Liberty Square to 1.5 per living unit, condition on approval of an acceptable development agreement. Councilmember Waite seconded. Roll call vote: Councilmember Anderson - Yes, Councilmember Waite - Yes, Councilmember Bean - No, Councilmember Thompson - Yes, Mayor Ard- Yes. The motion carried. Councilmember Anderson motioned to approve the Liberty Square Site Plan contingent upon negotiation of an acceptable development agreement containing special conditions limiting the number of vehicles per unit to one; provision of shuttle service no later than when 50% occupancy is reached; and, designation of 50' Right of Way from section line in Ammon Road. Councilmember Waite seconded. Roll call vote: Councilmember Anderson - Yes, Councilmember Waite - Yes, Councilmember Bean - No as he does not agree with parking reduction, Councilmember Thompson - Yes. The motion carried. Familv Care Center Preliminary Plat: City Planning Director Ron Folsom presented slides of the location and proposed preliminary plat. The property is located north of Township and east of 25th East in the newly annexed Woodbury/Hitt-Sunnyside addition to the City of Ammon. The Council discussed the proposed preliminary plat and future development along Township Road. Councilmember Bean motioned to approve the Family Care Center Preliminary Plat as presented. Councilmember Anderson seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Anderson - Yes, Councilmember Thompson - Yes, Councilmember Waite - Yes. The motion carried. Sunnyside Property Farm Lease: City Administrator Bruce Rose reported that Jared Judy had contacted him with regard to leasing the City's undeveloped Sunnyside property as farmland. City Attorney Scott Hall drafted a lease agreement, which was included in the Council packets. Staff recommends approval of the lease. The Council discussed the proposed farm lease. Councilmember Waite motioned to approve the lease agreement with Jared Judy. Councilmember Bean seconded. Roll call vote: Councilmember Waite - Yes, Councilmember Bean - Yes, Councilmember Thompson - Yes, Councilmember Anderson - Yes. The motion carried. Miscellaneous Discussion Items: City Planning Director Ron Folsom reported that it has been suggested having an underwriter look over the information on an average home on Ross and explain what it would take to lower the homeowners' insurance rate to $1000. The process would provide information to obtain flood mitigation funding. Funds are not available to individuals and are required to be administered by a municipal body. Councilmember Bean asked staff to obtain a letter of opinion with regard to the voting eligibility of IBSD customers from Bond Counsel. Councilmember Bean reported on his review of the rates the City is currently charging for sewer services in light of the anticipated 37% increase in flow charges from the City ofIdaho Falls. The current flow charges were $30,000 more than anticipated. At the current rates, flow charges will exceed budgeted flow charges by $370,000. Current sewer revenues will exceed revenues budgeted by 31 %. Increasing the monthly residential rate to $34.97 will cover the expected cash shortfall for this budget year. The budget will need to be reopened and hearings held prior to the rate increase taking effect. City Council 01/20/2005 - 2 The accuracy of the flow readings is being investigated. A review of billings will be conducted to ensure billing is in compliance with the current rate resolution. The Council discussed holding a hearing to increase the sewer rate. The Idaho Falls rate increase is expected to take effect in March. Mayor Ard will be meeting with Idaho Falls representatives and will request 90 days to adjust Ammon's rates prior to implementing any increase in flow charges they approve. Councihnember Thompson reported that repairs need to be done to the fire station. The building is sinking along the south and east walls. G&S Structural Engineers has submitted recommendations to repair the building and prevent further damage. Bids for the cost of the repairs will be obtained. Councilmember Bean motioned to adjourn. Councilmember Waite seconded. All in favor, the meeting adjourned at 11 :00 p.m. ~~ ~~ ~ Diane B. Gempler, City Clerk/Treas rer City Council 01/20/2005 - 3