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Council Minutes 11/04/2004 CITY OF AMMON CITY COUNCIL MINUTES THURSDAY, NOVEMBER 4,2004 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 Karen Y. Anderson Councilmember W. Lee Bean Councilmember Rex Thompson Councilmember Randy Waite City Attorney Scott Hall City Engineer Bill Manwill City Administrator Bruce Rose Deputy Clerk Deon Cole City Officials absent: City Clerk/Treasurer Diane Gempler Councilmember Thompson led the Pled!!e of AIICI!iance to the Fla!! and, Councilmember Waite offered a praver. Minutes November 4. 2004: Councilmember Anderson motioned to approve the October 21, 2004, minutes as presented. Councilmember Thompson seconded. Roll call vote: Councilmember Anderson- Yes, Councilmember Thompson - Yes, Councilmember Waite - Yes, Councilmember Bean - Yes. The motion carried. Public Comment - Items Not on A!!enda: Consent A!!enda: Councilmember Bean motioned to approve the Consent Agenda as presented. Councilmember Waite seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Waite - Yes, Councilmember Thompson - Yes, Councilmember Anderson - Yes. The motion carried. Items from Mavor: PUBLIC HEARINGS: Mayor Ard explained the hearing process and swore in those individuals desiring to testify. The Villa Request for Annexation with Initial RP-A Zonin!!: Notice of the Hearing was published in the Post Register on October 22 and October 29,2004. Notice of the hearing was also mailed to property owners within five hundred (500) feet of the property and, to other parties of interest. City Planning Director Ron Folsom presented slides showing the general vicinity and location of the property. The property is located north of East 21st South and west of the 52nd East (Neilson Road), consisting of 89.57 acres. The property is contiguous with the City of Ammon along East 21 st South. The requested zoning is in harmony with the Comprehensive Plan. Mr. Folsom read letters in opposition to the annexation into the record. Alan Cunningham, 1020 Lincoln Road, of Mountain River Engineering presented the request on behalf of the developer. The original request and hearing before the Planning and Zoning Commission included a request for RI-A zoning for a portion of the property. The developer has chosen to forgo that request and asks for the property to be annexed with RP-A zoning. City Council 11/04/04 - 1 Nancy VanTress asked for clarification of the property being considered for annexation. Frank Schwartz. 4823 East 21 st South, asked why the map is different every time it is sent out. Mr. Schwartz believes the annexation of Mr. Hansen's property two years ago was not appropriately requested and that the map does not accurately reflect the boundary lines. John Seedall, 6747 N 45th East, Idaho Falls asked that if the annexation is approved that it does nothing to jeopardize his farming operation and the value of his property. Would like to see the types of homes that are being built in the Cottages if the land is to be developed. Mr. SeedaIl requested that development be policed so that Cement Trucks, builders and landscapers are not dumping waste on adjoining private property, the amount of construction trash that blows onto others' property is minimized, and that a privacy fence be installed to keep snow machines, motorbikes, etc. out of the fields and keep farm chemicals from drifting onto the residential properties. Scott Seedall, 1252 South 52nd East, testified he feels there are a couple oflong-term planning issues that need to be addressed. His concerns are that there will be difficulty in the future gaining street access north to 1 st Street from this property and west to Crowley Road. Carolyn Cook, 1366 South 52nd East, testified she is opposed to the proposed annexation as she feels there has not been sufficient planning and restraint used in the growth and development that has been occurring. Her concerns include traffic, impact on the school district, irrigation issues, and increased taxes on adjoining properties. She would like to know how the property is going to be developed (platting, types of homes, etc) before the annexation is approved. Ron Taylor, 4825 East 21 st South, testified that when they built their home the county required them to have at least ten acres. Mr. Taylor believes that requirement should be continued in the area. Feels that annexation should be closer to the City and not "skip over" sections. Richard Fowler, 5121 East 21st South, testified that they have had nothing but problems with wastewater disposal due to ditches being disrupted by the most recent developments. Mr. Fowler is concerned that the incoming irrigation ditches will be closed off. Mr. Fowler is concerned that with more housing there will be more problems with dogs at large. In addition, Mr. Fowler is concerned with litter along existing roadways, increased traffic and the ensuing traffic problems. It is Mr. Fowler's opinion that the City has failed to police the development of the Cottages with regard to building debris and storm drainage. Harvey Olson, 1965 South 52nd East, testified he is opposed to the proposed annexation as he feels it is premature. Mr. Olsen feels that there will be problems with traffic and irrigation; and, that the City needs to exercise greater control over the contractors. Mr. Olsen is concerned that contractors are burning illegally and feels there is negligence in controlling dust and litter. Frank Schwartz. suggested that accommodation be made for extending 17th Street to the east to handle the traffic. Mr. Schwartz feels that infrastructure needs should be viewed strategically before allowing expansion. He is also concerned that there may be problems with regard to ensuring irrigation water is available to users adjacent to the property being considered for annexation. Nancy VanTress, voiced concern about the availability of irrigation water and drainage for waste irrigation water. Ms. VanTress is also concerned with the litter generated along 21st South by the contractors. Alan Cunningham explained where City utilities would be accessed for the development. He informed the Council that there have not been any plans drafted with regard to the irrigation ditches. Under State statute, the developer may not impede the delivery of irrigation water, and is encouraged to meet with neighboring property owners in that regard. The extension of 17th Street to the east has been included in the Comprehensive Plan and that portion crossing through this property is anticipated to be included in the plat. Harvey Olson reiterated his concern that irrigation will be disrupted by the development. Richard Fowler stated that he is concerned that storm drainage has not been adequately addressed in the Cottages and that similar problems will arise with this development if sufficient storm drainage is not provided. George McDaniels testified that the LDS Church has requested that he not take any action with regard to drainage at the northwest comer of the Cottages until they have completed their building. Mayor Ard closed the public hearing. Tom Hunsaker reported on the Planning and Zoning Commission's discussion of the request. City Council 11104/04 - 2 The Council discussed the requested annexation and initial zoning and the concerns raised by those who testified. Councihnember Anderson motioned to approve the Villa annexation with initial RP-A Zoning subject to completion of an acceptable annexation agreement. Councihnember Bean seconded. Roll call vote: Councihnember Anderson - Yes, Councilmember Bean - Yes, Councihnember Waite - Yes, Councihnember Thompson -Yes. The motion carried. ACTION ITEMS: The Villa Annexation Al!reement: City Planning Director Ron Folsom indicated that there has been a wording change in item J to read "or reimburse the City" for all street improvements. SC-I addresses, in this agreement, the installation of water and sewer lines along the property and reimbursement of the developer by the City is defmed. No action was taken. This agreement was tabled until such time as discussed changes to the agreement can be made. Welker Buildinl! Permit Anneal: Councilmember Waite stepped down for the appeal as he is working with the Welkers on their building project. Kurt Welker, 4275 Wanda Street, addressed the Council regarding the denial of a building permit by City Building Official George Klomp. Mr. Klomp cited five deficiencies prompting denial of the permit application. Mr. Welker explained the steps he has taken to resolve the deficiencies. City Engineer Bill Manwill reported that Mr. Klomp's concern is that the certification from Harper-Leavitt needs to indicate that the plan complies with 44CFR60.6 or that it would comply with City of Ammon Ordinance #216. The other deficiencies have been resolved. The certification received only indicated compliance with the drawings, but does not certify compliance with 44CFR60.6. The Council discussed the information provided. Councihnember Bean motioned to approve the Welker Building Permit request providing the Welkers submit a letter from Harper-Leavitt certifying that the plans comply with the FEMA minimum requirements for basements in a flood zone as required by City of Ammon Ordinances #216 and #232, and all other deficiencies have been resolved. Councilmember Anderson seconded. Roll call vote: Councihnember Bean - Yes, Councilmember Anderson - Yes, Councilmember Thompson - Yes. The motion carried. Purchase 0(2004 Sedan: City Administrator Bruce Rose reported that specifications were forwarded to five car dealerships and quotes received. The Council reviewed the quotes. Councilmember Anderson motioned to purchase the 2004 Ford Taurus from the Smith Group at the quoted price of$II,440.00. Councilmember Bean seconded. Roll call vote: Councilmember Anderson - Yes, Councilmember Bean - Yes, Councihnember Waite - Yes, Councilmember Thompson - Yes. The motion carried. Public Comment Rel!ardinl! Items Not on Al!enda: Leo Eaton, 330 Tiebreaker, addressed the Council, presenting a petition requesting that the Council consider installation of Speed Bumps on Tiebreaker Drive to slow traffic. The Council discussed the request, concerns regarding snow removal where speed bumps are Ip~ated, and the criteria used to determine placement of speed humps. City Engineer Bill Manwill suggest~d th~l a Ilew speed study be completed before deciding to install speeq lnunps. Jt is r~PIlUll~114e4 that speed humps only be installed where it can be shown that there is' a speeding problem <m4 ~ ffigh amount of "cut-through" traffic. ' City Engineer Bill Manwill was instructed to have a speed study done: " Miscellaneous Discussion Items: Councihnember Anderson reported the consulting fee quoted by Mr. Hoffman to set up an impact fee system. The Council discussed impact fees. City Council 11/04/04 - 3 Councilmember Bean motioned to adjourn to executive session to discuss a personnel matter. Councilmember Waite seconded. Meeting adjourned at 11:50 p.m. ~h~ . ,M~or ~~~ Diane B. Gempler, City Clerk/Treas City Council 11/04/04 - 4