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Council Minutes 11/18/2004 CITY OF AMMON CITY COUNCIL MINUTES THURSDAY, NOVEMBER 18,2004 The meeting was called to order by Councilmember Bean at 7:30 p.m. in the City Building, 2135 South Ammon Road, Ammon, Idaho, with the following City Officials present: Councilmember W. Lee Bean Councilmember Rex Thompson Councilmember Randy Waite City Attorney Scott Hall City Engineer Bill Manwill City Administrator Bruce Rose City Clerk!freasurer Diane Gempler City Officials absent: Mayor C. Bruce Ard Councilmember Karen Y. Anderson Councilmember Waite led the Pled2e of AIle2iance to the Fla2 and, Councilmember Bean offered a Draver. Minutes November 4. 2004: Councilmember Thompson motioned to approve the November 4, 2004, minutes as presented. Councilmember Waite seconded. Roll call vote: Councilmember Thompson- Yes, Councilmember Waite - Yes, Councilmember Bean - Yes. The motion carried. Items from Mavor: Councilmember Bean presented the nominee's for appointment to the Building Department Board of Appeals. Councilmember Waite motioned to appoint Scott Nielson for a three year term; Robert Gustafson, for a two year term, Paul Johnson for a one year term; Brett Skidmore for a two year term; and Richard Hanks for a three year term. Councilmember Bean seconded. Roll call vote: Councilmember Waite - Yes, Councilmember Bean - Yes, Councilmember Thompson - Yes. The motion carried. Consent A2enda: Councilmember Waite motioned to approve the Consent Agenda as presented. Councilmember Thompson seconded. Roll call vote: Councilmember Waite - Yes, Councilmember Thompson - Yes, Councilmember Bean - Yes. The motion carried. PUBLIC HEARINGS: None Public Comment - Items Not on A2:enda: Fire Chief Clarence Nelson reported to the Council that the Ammon Volunteer Fire Department has received a plaque in appreciation for their efforts during fire safety month from Walmart. In addition, the Bonneville County Fire District has received a check for $1,500.00 from Walmart for the Ammon Volunteer Fire Department. ACTION ITEMS: LDS Church Conditional Use Permit - Parkin2 Lot in R-l Zone: Councilmember Bean introduced the request. The Council previously discussed the requested Conditional Use Permit at their November 4, 2004 Regular Council Meeting and November 10, 2004, work session. City Councilll/18/04 - 1 Councilmember Bean motioned to approve the LOS Church Conditional Use Permit for a Parking Lot in an R-l Zone as presented. Councilmember Waite seconded. Roll call vote: Councilmember Bean- Yes, Councilmember Waite - Yes, Councilmember Thompson - Yes. The motion carried. LDS Church/City of Ammon Reciprocal Parkine Aereement: Councilmember Bean introduced the proposal. The Council previously discussed the proposed reciprocal parking agreement at their November 4,2004 Regular Council Meeting and November 10,2004, work session. City Administrator Bruce Rose reported the changes made to the agreement pursuant to previous discussions. Councilmember Thompson motioned to approve the LOS Church/City of Ammon Reciprocal Parking Agreement as presented and authorize the Mayor to sign the agreement. Councilmember Waite seconded. Roll call vote: Councilmember Thompson - Yes, Councilmember Waite - Yes, Councilmember Bean - Yes. The motion carried. LDS Church Reauest for Rieht-of-Way Vacation - Selway Street: Councilmember Bean introduced the request. The Council previously discussed the the requested Right-of-Way Vacation at their November 4, 2004 Regular Council Meeting and November 10, 2004, work session. Councilmember Bean motioned to approve the LOS Church Request for Right-of-Way Vacation- Selway Street as presented. Councilmember Waite seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Waite - Yes, Councilmember Thompson - Yes. The motion carried. Ordinance #353 Rieht-of-Way Vacation - Selway Street: Councilmember Bean read Ordinance No. 353, AN ORDINANCE TO VACATE RIGHT OF WAY FOR CERTAIN LANDS LOCATED WITHIN THE CITY OF AMMON; PARTICULARLY DESCRIBING SAID LANDS AND; PROVIDING FOR AN EFFECTIVE DATE. (Right-of-Way Vacation of Selway Street). by title and motioned to dispense with the rule requiring the reading of the ordinance on three different days and that the three readings be waived. Councilmember Thompson seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Waite -Yes, Councilmember Thompson -Yes. The motion carried. Councilmember read Ordinance No. 353, AN ORDINANCE TO VACATE RIGHT OF WAY FOR CERTAIN LANDS LOCATED WITHIN THE CITY OF AMMON; PARTICULARLY DESCRIBING SAID LANDS AND; PROVIDING FOR AN EFFECTIVE DATE. (Right-of-Way Vacation of Selway Street). by title and motioned to adopt Ordinance No. 353 on its third and final reading. Councilmember Thompson seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Thompson -Yes, Councilmember Waite - Yes. The motion carried. Comfort Construction Request for Anenxation and Initial Zonine: City Planning Director Ron Folsom presented slides of the property and vicinity. The property is located north of East 17th Street and east of the Trailwood addition to the City of Ammon. Public Hearing was held before the Planning and Zoning Commission at their December 3, 2004 meeting. Planning and Zoning member Tom Hunsaker reported on the testimony before the Commission and their discussion. Planning and Zoning recommend annexation with initial CC-l zoning as requested, R2-A zoning on the 1.51 acres immediately north of the CC-l zone and the remainder to be zoned RI-A (Vote of 7 for and 1 opposed). City Attorney Scott Hall reported that the hearing before Planning and Zoning had not been posted on the property. He suggested the Council consider holding a public hearing to ensure that all interested parties have been notified. Dean Mortimer, 7403 South East 1st Street, Idaho Falls, the developer, addressed the Council regarding the request. Mr. Mortimer is asking that a portion ofthe property, recommended by Planning and Zoning for RI-A zoning, be zoned R-3 and R2-A. The Council discussed the proposed annexation with initial zoning. Councilmember Waite motioned to send the request back to Planning and Zoning as presented to the Council by the Developer. Councilmember Thompson seconded. Roll call vote: Councilmember Waite - Yes, Councilmember Thompson - Yes, Councilmember Bean - Yes. The motion carried. City Council 11/18/04 - 2 Trailbreak Subdivision Preliminary Plat: City Planning Director Ron Folsom presented slides showing the general vicinity and location of the property. The property is located north of John Adams Parkway in the southeast comer of the Tiebreaker Addition to the City of Ammon. Planning and Zoning voted unanmiously to recommend approval of the plat. Alan Cunningham, 1020 Lincoln Road, of Mountain River Engineering presented the proposed plat for the developer and answered the Council's questions. The proposed plat will connect the two existing sections of Matchpoint Drive. The Council discussed the proposed preliminary plat. Councilmember Waite motioned to approve the Trailbreak Preliminary Plat as presented. Councilmember Thompson seconded. Roll call vote: Councilmember Waite - Yes, Councilmember Thompson - Yes, Councilmember Bean - Yes. The motion carried. Trailwood #9 Preliminary Plat: This plat was left tabled. Oakride:e 3rd Amended Plat: City Planning Director Ron Folsom presented slides showing the general vicinity and location of the property. The property is located on Diamond Circle, north of 17th East and east of Curlew. The Council discussed the proposed Amended Plat. Councilmember Bean motioned to approve the Oakridge 3rd Amended Plat as presented. Councilmember Thompson seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Thompson - Yes, Councilmember Waite - Yes. The motion carried. The Villa Annexation with Initial RP-A Zonine:. Annexation Ae:reement and Ordinance #354: The Council discussed the proposed annexation agreement. Councilmember Thompson motioned to approve the Villa Annexation Agreement as discussed. Councilmember Bean seconded. Roll call vote: Councilmember Thompson - Yes, Councilmember Bean - Yes, Councilmember Waite - Yes. The motion carried. Councilmember Thompson read Ordinance No. 354, AN ORDINANCE ANNEXING CERTAIN LANDS TO THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO; DESCRIBING WITH PARTICULARITY SAID LANDS TO BE ANNEXED AND HEREBY ANNEXED AND DECLARING SAID LANDS A PART OF THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO; DETERMINING THE PROPER ZONING FOR CLASSIFICATION OF THE ANNEXED LANDS AND TERRITORY UNDER THE ZONING ORDINANCE OF THE CITY OF AMMON, IDAHO; PROVIDING FOR AN EFFECTIVE DATE FOR THIS ORDINANCE AND OF THE ANNEXATION OF SAID LANDS described as A parcel of land lying situate in part of Sections 24 and 25, Township 2 North, Range 38 East of the Boise Meridian described as follows: Beginning at the South 1/4 Comer of Section 24, Township 2 North, Range 38 East of the Boise Meridian; running thence N.87056'26"E. along the Section line 1343.28 feet to the Southeast comer of the Southwest 1/4 of the Southeast 1/4 of said Section 24; thence N.00oOO'28"E. along the East line of said Southwest 1/4 of the Southeast 1/4 a distance of 1018.79 feet; thence S.87055'47"W. 233.30 feet; thence N.OI000'27"W. 252.48 feet; thence S.87045'07"W. 2446.45 feet to the West line of the Southeast 1/4 of the Southwest 1/4 of said Section 24; thence S.00007'38"W. along said West line 1263.38 feet to the Southwest comer of said Southeast 1/4 of the Southwest 1/4; thence N.87056'26"E. along the South line of said Southeast 1/4 of the Southwest 1/4 a distance of 859.04 feet; thence S.OooI0'31"E. into Section 25 a distance of 932.73 feet; thence N.88050'20"E. 215.59 feet; thence S.OooI0'31"E. 382.78 feet to the South line of the Northeast 1/4 of the Northwest 1/4 of said Section 25; thence N.87055'24"E. 274.77 feet to the Southeast comer of said Northeast 1/4 of the Northwest 1/4; thence N.Ooo26'41"W. along the East line of said Northeast 1/4 of the Northwest 1/4 a distance of 1318.62 feet to the POINT OF BEGINNING. Containing 89.57 acres by title and motioned to dispense with the rule requiring the reading of the ordinance on three different days and that the three readings be waived. Councilmember Waite seconded. Roll call vote: Councilmember Thompson - Yes, Councilmember Waite -Yes, Councilmember Bean - Yes. The motion carried. Councilmember Thompson read Ordinance No. 354, AN ORDINANCE ANNEXING CERTAIN LANDS TO THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO; DESCRIBING WITH PARTICULARITY SAID LANDS TO BE ANNEXED AND HEREBY ANNEXED AND DECLARING City Council 11/18/04 - 3 SAID LANDS A PART OF THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO; DETERMINING THE PROPER ZONING FOR CLASSIFICATION OF THE ANNEXED LANDS AND TERRITORY UNDER THE ZONING ORDINANCE OF THE CITY OF AMMON, IDAHO; PROVIDING FORAN EFFECTIVE DATE FOR THIS ORDINANCE AND OF THE ANNEXATION OF SAID LANDS described as A parcel of land lying situate in part of Sections 24 and 25, Township 2 North, Range 38 East of the Boise Meridian described as follows: Beginning at the South 1/4 Comer of Section 24, Township 2 North, Range 38 East of the Boise Meridian; running thence N.87056'26"E. along the Section line 1343.28 feet to the Southeast comer of the Southwest 1/4 of the Southeast 1/4 of said Section 24; thence N.OOOOO'28"E. along the East line of said Southwest 1/4 of the Southeast 1/4 a distance of 1018.79 feet; thence S.87055'47"W. 233.30 feet; thence N.OI000'27"W. 252.48 feet; thence S.87045'07"W. 2446.45 feet to the West line of the Southeast 1/4 of the Southwest 1/4 of said Section 24; thence S.00007'38"W. along said West line 1263.38 feet to the Southwest comer of said Southeast 1/4 of the Southwest 1/4; thence N.87056'26"E. along the South line of said Southeast 1/4 of the Southwest 1/4 a distance of 859.04 feet; thence S.ooo10'31"E. into Section 25 a distance of 932.73 feet; thence N.88050'20"E. 215.59 feet; thence S.00010'31"E. 382.78 feet to the South line ofthe Northeast 1/40fthe Northwest 1/4 of said Section 25; thence N.87055'24"E. 274.77 feet to the Southeast comer of said Northeast 1/4 of the Northwest 1/4; thence N.00026'41"W. along the East line of said Northeast 1/4 of the Northwest 1/4 a distance of 1318.62 feet to the POINT OF BEGINNING. Containing 89.57 acres by title and motioned to adopt Ordinance No. 354 on its third and fmal reading. Councilmember Waite seconded. Roll call vote: Councilmember Thompson - Yes, Councilmember Waite -Yes, Councilmember Bean -Yes. The motion carried. Mesa Lorna #2 - Ordinance #355: The Mesa Lorna #2Annexation with Initial RP Zoning was approved at the October 21, 2004 Council Meeting. Councilmember Waite read Ordinance No. 355, AN ORDINANCE ANNEXING CERTAIN LANDS TO THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO; DESCRIBING WITH PARTICULARITY SAID LANDS TO BE ANNEXED AND HEREBY ANNEXED AND DECLARING SAID LANDS A PART OF THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO; DETERMINING THE PROPER ZONING FOR CLASSIFICATION OF THE ANNEXED LANDS AND TERRITORY UNDER THE ZONING ORDINANCE OF THE CITY OF AMMON, IDAHO; PROVIDING FOR AN EFFECTIVE DATE FOR THIS ORDINANCE AND OF THE ANNEXATION OF SAID LANDS described as A parcel of land lying situate in part of Sections 29, 30 and 31, Township 2 North, Range 39 East of the Boise Meridian described as follows: Beginning at the Northeast Comer of Section 31, Township 2 North, Range 39 East of the Boise Meridian; running thence S.00005'53"W. along the Section line 2624.76 feet to the East 1/4 Comer of said Section 31; thence N.89058'30"W. along the East-West Center Section line 2574.57 feet to the Center 1/4 Comer of said Section 31; thence N.OoolI'40"W. along the North-South Center Section line of said Section 31 a distance of 1316.77 feet; thence N.15008'18"E. 884.20 feet; thence N.54051 '49"W. 286.59 feet to said North-South Center Section line; thence N.Oooll '40"W. along said North-South Center Section line 298.40 feet to the North 1/4 Comer of said Section 31; thence S.89046'44"E. along the Section line 1294.01 feet to the Southwest comer of the Southeast 1/4 of the Southeast 1/4 of Section 30; thence N.00004'28"E. along the West line of the East 1/2 of the Southeast 1/4 of said Section 30 a distance of 1386.25 feet to a point on a curve with a radius of 1337.15 feet and a chord bearing N.67013'35"E. 482.57 feet; thence to the right along said curve 485.23 feet through a central angle of 20047'30"; thence S.12013'24"E. 259.58 feet to the North line of said Southeast 1/4 of the Southeast 1/4 of Section 30; thence S.89049'20"E. along said North line 792.76 feet to the Northeast comer of said Southeast 1/4 of the Southeast 1/4; thence S.00008'21"E. into Section 29 a distance of 1164.73 feet; thence S.00008'21"E. 1325.1I feet to the North line of said Section 31; thence N.89058'33"W. along said North line 1168.41 feet to the POINT OF BEGINNING. Containing 229.13 acres by title and motioned to dispense with the rule requiring the reading of the ordinance on three different days and that the three readings be waived. Councilmember Bean seconded. Roll call vote: Councilmember Waite - Yes, Councilmember Bean -Yes, Councilmember Thompson - Yes. The motion carried. Councilmember Waite read Ordinance No. 355, AN ORDINANCE ANNEXING CERTAIN LANDS TO THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO; DESCRIBING WITH PARTICULARITY SAID LANDS TO BE ANNEXED AND HEREBY ANNEXED AND DECLARING City Council 11/18/04 - 4 SAID LANDS A PART OF THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO; DETERMINING THE PROPER ZONING FOR CLASSIFICATION OF THE ANNEXED LANDS AND TERRITORY UNDER THE ZONING ORDINANCE OF THE CITY OF AMMON, IDAHO; PROVIDING FOR AN EFFECTIVE DATE FOR THIS ORDINANCE AND OF THE ANNEXATION OF SAID LANDS described as A parcel ofland lying situate in part of Sections 29,30 and 31, Township 2 North, Range 39 East of the Boise Meridian described as follows: Beginning at the Northeast Comer of Section 31, Township 2 North, Range 39 East ofthe Boise Meridian; running thence S.00005'53"W. along the Section line 2624.76 feet to the East 1/4 Comer of said Section 31; thence N.89058'30"W. along the East-West Center Section line 2574.57 feet to the Center 1/4 Comer of said Section 31; thence N .00011' 40"W. along the North-South Center Section line of said Section 31 a distance of 1316.77 feet; thence N.15008' 18"E. 884.20 feet; thence N.54051 '49"W. 286.59 feet to said North-South Center Section line; thence N.Oooll '40"W. along said North-South Center Section line 298.40 feet to the North 1/4 Comer of said Section 31; thence S.89046'44"E. along the Section line 1294.01 feet to the Southwest comer of the Southeast 1/4 of the Southeast 1/4 of Section 30; thence N.00004'28''E. along the West line of the East 1/2 ofthe Southeast 1/4 of said Section 30 a distance of 1386.25 feet to a point on a curve with a radius of 1337.15 feet and a chord bearing N.67013'35"E. 482.57 feet; thence to the right along said curve 485.23 feet through a central angle of 20047'30"; thence S.12013'24"E. 259.58 feetto the North line of said Southeast 1/4 of the Southeast 1/4 of Section 30; thence S.89049'20"E. along said North line 792.76 feet to the Northeast comer of said Southeast 1/4 of the Southeast 1/4; thence S.00008'21"E. into Section 29 a distance of 1164.73 feet; thence S.00008'21"E. 1325.11 feet to the North line of said Section 31; thence N.89058'33"W. along said North line 1168.41 feet to the POINT OF BEGINNING. Containing 229.13 acres by title and motioned to adopt Ordinance No. 355 on its third and final reading. Councilmember Bean seconded. Roll call vote: Councilmember Waite - Yes, Councilmember Bean -Yes, Councilmember Thompson - Yes. The motion carried. Comprehensive Plan Map Amendments: Public Hearing was held before the Planning and Zoning Commission on November 3, 2004. Notice of the Hearing was published in the Post Register on October 20 and October 27,2004. City Planning Director Ron Folsom presented proposed amendments to the Comprehensive Plan Map. Tom Hunsaker reported on the testimony received at the hearing and, the discussions held by Planning and Zoning. The Commission voted unanimously to recommend approval of the proposed Comprehensive Plan Map Amendments. The Council discussed the proposed map amendments. Councilmember Waite motioned to approve amendment of the Comprehensive Plan Map. Councilmember Thompson seconded. Roll call vote: Councilmember Waite - Yes, Councilmember Thompson - Yes, Councilmember Bean -Yes. The motion carried. Miscellaneous Discussion Items: Dean Mortimer requested clarification of the actions taken earlier in the meeting with regard to the Comfort Construction request for annexation and initial zoning. Mark Andrus, Riverrock Drive, addressed the Council stating that he feels that Planning and Zoning based their decision on emotional testimony. Mr. Andrus reminded the Council that the investors relied on the Comprehensive Plan Map in their decision to purchase the property. It is his opinion that Planning and Zoning did not give the proposal fair consideration. A Public Hearing regarding the Comfort Constructionr request will be held before the Planning and Zoning Commission, at a Special Session, on Wednesday, December 15,2004. Further hearing before the City Council on Thursday, January 6, 2004, will be scheduled pending Council consideration Planning and Zoning recommendation. City Attorney Scott Hall reported that the City of Shelley passed the Sewer Revenue Bond on November 2nd. Councilmember Bean reported that he has been contacted by numerous citizens regarding the Club Inc. facilities in Eagle Pointe. An information meeting has been scheduled to be held at City Hall at 7:00 p.m. on Tuesday, November 23rd, to allow residents to learn about the facility. City Council 11/18/04 - 5 The meeting adjourned at 9:30 p.m. ~~~ ~ Diane B. Gempler, City Cl~urer ~ ~~ W. Lee ean, CouncIl C aIr City Council 11/18/04 - 6