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Council Minutes 07/22/2004 CITY OF AMMON CITY COUNCIL MINUTES THURSDA Y, JUL Y 22, 2004 The meeting was called to order by Council President Lee Bean at 7:40 p.m. in the City Building, 2135 South Ammon Road, Ammon, Idaho, with the following City Officials present: Mayor C. Bruce Ard (8:30 p.m.) Councilmember Karen Y. Anderson Councilmember W. Lee Bean Councilmember Randy Waite City Attorney Scott Hall City Administrator Bruce Rose City Engineer Bill Manwill City Clerk/Treasurer Diane Gempler The following City Officials were absent: Councilmember Rex Thompson City Planning Director Ron Folsom Councilmember Waite led the Plede:e of Allee:iance to the Flae: and, Councilmember Anderson offered a prayer. Items from Mavor: None. Minutes June 24. 2004 & Julv 1.2004: Councilmember Anderson motioned to approve the June 24, 2004, as corrected and the July 1,2004, minutes as presented. Councilmember Waite seconded. Roll call vote: Councilmember Anderson - Yes, Councilmember Waite - Yes, Councilmember Bean - Yes. The motion carried. Public Comment Ree:ardine:ltems not on the Ae:enda: Mr. Keith Morse, 125 Red Fox Drive, read a letter to the Council regarding his concerns about the handling of the Kartchner Request for Rezone considered by the Council on June 24, 2004. Mr. Morse feels that the manner in which the issues were handled and, the adjournment of the interested parties to hold private discussions constitute violation of the open meeting laws. Mr. Morse requested that the Council rescind their approval of the rezone and, require the public hearing process to be repeated before taking action on the requested rezone. The Council tabled discussion of Mr. Morse's request until later in the meeting Consent Ae:enda: Councilmember Waite motioned to approve the Consent Agenda. Councilmember Anderson seconded. Roll call vote: Councilmember Waite - Yes, Councilmember Anderson - Yes, Councilmember Bean - Yes. The motion carried. ACTION ITEMS: Ricks Farm Division #1 - 9th Amended Plat: The Council discussed the amended plat and special conditions they considered including in a development agreement for this amended plat. Craig Hildebrant of Hawkins-Smith discussed the developers position with regard to the special conditions considered with the Council Councilmember Anderson motioned to rescind the special condition included in the previous approval of the Ricks Farm Division #1-- 9th Amended Plat. Councilmember Waite seconded. Roll call vote: Councilmember Anderson - Yes, Councilmember Waite - Yes, Councilmember Bean - Yes. The motion carried. City Council Minutes 07/22/2004 - I Kent Request for Variance - Set Back Requirement: City Administrator Bruce Rose presented slides of the property. The property is located at the north east corner of the intersection of Hill am and Rawson, 2585 Hillam, of the City of Ammon. The applicant is requesting that the 30 foot set back requirement on the south side of their property be reduced to 13 feet. Planning and Zoning voted unanimously to recommend the Council approve a variance of 15 feet. Sheila Kent, 2585 Hillam, presented the requested variance and answered the Council's questions. Planning and Zoning member Tom Hunsaker reported the Commission's discussions regarding the requested variance. The Council discussed the requested variance. Councilmember Waite motioned to approve the Kent Variance Request with the requirement that the new structure meet a minimum 15-foot setback from the right-of-way line. Councilmember Anderson seconded. Roll call vote: Councilmember Waite -Yes, COUllcilmember Anderson - Yes, Councilmember Bean -Yes. The motion carried. MRD Ventures Request for Rezone R-t to Rt-A: City Administrator Bruce Rose presented slides showing the general vicinity and location of the property. The property is located north of 1st Street in the north east corner of the Fox Hollow Addition to the City of Ammon. The requested zone is compatible with the Comprehensive Plan and Comprehensive Plan Map. Planning and Zoning recommend denial of the rezone request by a vote offour (4) for and two (2) against, Tom Hunsaker abstained. The motion carried. Ryan Loftus 10265 N Dorian A venue, Idaho Fails, of Aspen Engineering presented the rezone request for the developer and answered Council questions. Planning and Zoning member Tom Hunsaker reported the Commission's discussions regarding the requested rezone. The Council discussed the requested rezone. Councilmember Waite motioned to Deny the MRD Ventures request for rezone from R~ I to RI-A. Councilmember Anderson seconded. Roll call vote: Councilmember Waite -Yes, Councilmember Anderson - Yes, Councilmember Bean -Yes. The motion carried. MRD Ventures - Replat of Lot 6 Block 5. Fox Hollow Division #2: City Administrator Bruce Rose presented slides showing the general vicinity and location of the property. The property is located north of 1st Street in the north east corner of the Fox Hollow Addition to the City of Ammon. Planning and Zoning recommended approval by a unanimous vote. Ryan Loftus 10265 N Dorian A venue, Idaho Falls, of Aspen Engineering presented the replat request for the developer and answered Council questions. The Council discussed the proposed replat, considering whether the developer should be required to put a street through to the North to match up with the street platted in the County. Councilmember Waite motioned to approve the MRD Ventures request for replat of Lot 6 Block 5, of the Fox Hollow Addition as presented. Councilmember Bean seconded. Roll call vote: Councilmember Waite - Yes, Councilmember Bean - Yes, Councilmember Anderson - Yes. The motion carried. Eae:le Pointe Division 8 Final Plat & Development Ae:reement: City Administrator Bruce Rose presented slides of the final plat, vicinity and zoning. The Property is located south of 17th Street and west of Crowley Road in the Eagle Pointe Addition to the City of Ammon. Planning and Zoning voted unanimously to recommend approval of the Final Plat. Alan Cunningham, 1020 Lincoln Road, of Mountain River Engineering represented the developer and answered Council questions regarding the plat and development agreement. The final plat as presented has not been altered from the preliminary plat approved for the development. The Council discussed the proposed plat and development agreement. Councilmember Bean motioned to approve the Eagle Pointe #8 Final Plat and Development Agreement with no special conditions. Councilmember Anderson seconded. Roll call vote: Councilmember Bean -Yes, Councilmember Anderson -Yes, Councilmember Waite -Yes. The motion carried. City Council Minutes 07/22/2004 - 2 Ammon Elevator Final Plat & Development Ae:reement: City Administrator Bruce Rose presented slides of the plat, vicinity and zoning. The Property is located south of Sunnyside and west of the railroad tracks. Alan Cunningham, 1020 Lincoln Road, Mountain River Engineering answered the Council's questions regarding the plat. The Council discussed the proposed plat and development agreement. Councilmember Bean motioned to approve the Ammon Elevator Final Plat and Development Agreement with no special conditions. Councilmember Waite seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Waite - Yes, Councilmember Anderson - Yes. The motion carried. SCADA System: City Administrator Bruce Rose requested that the Council give further consideration to purchase of a SCAD A System for the City utilities. The Council directed staff to move forward with preparation of bid specifications and bid package. Lift Station Chane:e Order: City Engineer Bill Manwill reported that two change orders have been requested for the Ross Avenue Lift Station Project. The change orders have been submitted as one request. Councilmember Bean motioned to approve the requested change order. Councilmember Waite seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Waite - Yes, Councilmember Anderson - Yes. The motion carried. Cottae:es Oversizine:: City Engineer Bill Manwill reported that the City needs to work with the developer to oversize the water lines in the Cottages. The developer is requesting a commitment from the Council to pay the additional cost of the large lines. Councilmember Bean motioned to approve over-sizing of the water lines. Councilmember Waite seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Waite - Yes, Councilmember Anderson - Yes. The motion carried. Declaration of Intent to Sell or Exchane:e Real Property: Councilmember Anderson motioned to declare the Council's intent to sell or exchange the real property north of 17th Street at the Well #7 site and schedule a public hearing to be held on August 19,2004. Councilmember Bean seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Anderson - Yes, Councilmember Waite - Yes. The motion carried. Kartchner Rezone: The Council discussed Mr. Morse's comments and request. City Attorney Scott Hall informed the Council that the private discussions held by the developer and interested parties present at the June 24th meeting, in his opinion, did not violate the open meeting laws. The Council directed City Attorney Hall to contact Mr. Morse and inform him that they will not be reversing their decision on the rezone. Fiscal Year 2005 Tentative Bude:et: The Council discussed the tentative budget as presented by Councilmember Anderson. Discussion items included carryover of capital improvement funds for the swimming pool and recreation programs, collection of reimbursement from developers' for City street improvement expenditures, and the calculations for carry over of fund balances. Councilmember Bean motioned to approve the tentative budget and set the public hearing for August 19,2004, at 7:30 p.m. Councilmember Anderson seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Anderson - Yes, Councilmember Waite - Yes. The motion carried. En2ineerine: Services Compensation: City Engineer Bill Manwill requested the Council consider reimbursement for services provided to the City during the six weeks between his termination as a City employee and agreement to provide consulting services to the City. The Council discussed the request and left the decision to the discretion of Mayor Ard. Miscellaneous Discussion Items: The Council discussed the recent increase in insurance premium contributions required of employees and salary rates. City Council Minutes 07/22/2004 - 3 Councilmember Bean motioned to adjourn. Councilmember Waite seconded. Meeting adjourned at 11 :53 p.m. /~~ .Q ~e Ard, ~yor ~~-=-~f~f(C~ Diane B. Gempler, City Clerk/T asUTer City Council Minutes 07/22/2004 - 4