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Council Minutes 06/24/2004 CITY OF AMMON CITY COUNCIL MINUTES rnuRSDA Y, JUNE 24, 2004 The meeting was called to order by Mayor C. Bruce 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 CounciImember Karen Y. Anderson CounciImember W. Lee Bean CounciImember Randy Waite CounciImember Rex Thompson City Attorney Scott Hall City Administrator Bruce Rose City Planning Director Ron Folsom City Engineer Bill Manwill City Clerk/Treasurer Diane Gempler Planning & Zoning Chairman Doug Willden Planning & Zoning Commission Member Tom Hunsaker CounciImember Anderson led the Pled2e of AIle2iance to tbe Fla2 and, CounciImember Bean offered a prayer. Minutes - June 3. 2004: Councilmember Waite motioned to approve the June 3, 2004, minutes with the notation that other residential area sno-cone stands approved will be revisited by the Council. Councilmember Thompson seconded. Roll call vote: CounciImember Waite - Yes, Councilmember Thompson - Yes, CounciImember Anderson - Yes, CounciImember Bean - Yes. The motion carried. Consent A2enda: CounciImember Bean motioned to approve the Consent Agenda, with the exception of item 1, which was moved to Action Items. Councilmember Anderson seconded. Roll call vote: CounciImember Bean - Yes, CounciImember Anderson - Yes, CounciImember Thompson - Yes, CounciImember Waite - Yes. The motion carried. Public Hearin2s: Mayor Ard explained the Public Hearing process and swore in those individuals who were interested in testifYing. Mechanical Permit & Inspection Fees: Notice of the Hearing was published in the Post Register on June to and June 17,2004. There was not any members of the public wishing to testify for or against the proposed mechanical permit and inspection requirements and fees. The Council discussed the proposed ordinance and resolution. Mayor Ard closed the hearing. Councilmember Bean read Ordinance No. 346, AN ORDINANCE OF THE CITY OF AMMON, OF THE STATE OF IDAHO, AMENDING SECTION 7-1-2 C AND ADDING SECTION 7-1-2 D OF THE CITY CODE OF AMMON, IDAHO, PERMITTING THE CITY COUNCIL TO SET BY RESOLUTION THE FEE STRUCTURE REL TIVE TO THE INTERNATIONAL FUEL GAS CODE AND THE INTERNATIONAL MECHANICAL CODE RESPECTIVELY AND PROVIDING AN EFFECTIVE DATE. by title and motioned to dispense with the rule requiring three readings of the Ordinance CounciImember Waite seconded. Roll call vote: CounciImember Bean- Yes, CounciImember Waite - Yes, CounciImember Thompson - Yes, CounciImember Anderson - Yes. The motion carried. CounciImember Bean read Ordinance No. 346, AN ORDINANCE OF THE CITY OF AMMON, OF THE STATE OF IDAHO, AMENDING SECTION 7-1-2 C AND ADDING SECTION 7-1-2 D OF THE CITY CODE OF AMMON, IDAHO, PERMITTING THE CITY COUNCIL TO SET BY RESOLUTION THE FEE STRUCTURE REL TIVE TO THE INTERNATIONAL FUEL GAS CODE AND THE INTERNATIONAL MECHANICAL CODE City Council Minutes 06/24/04 - 1 RESPECTIVELY AND PROVIDING AN EFFECTIVE DATE of July 1, 2004 by title and motioned to adopt Ordinance No. 345 on its third and final reading. Councilmember Waite seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Waite - Yes, Councilmember Thompson - Yes, Councilmember Anderson - Yes. The motion carried. Councilmember Bean motioned to approve Resolution No.2004-04, mechanical permit and inspection fees with an effective date of July 1,2004. Councilmember Waite seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Waite - Yes, Councilmember Thompson - Yes, Councilmember Anderson - Yes. The motion carried. Land Use and Development Hearint!. Fees: Notice of the Hearing was published in the Post Register on June 10 and June 17, 2004. The Council discussed the proposed resolution. City Planning Director Ron Folsom requested that the Council include other costs incurred by the City in processing land use change requests. Mayor Ard closed the public hearing. Councilmember Bean motioned to approve Resolution No.2004-05 with the addition of "And, any other costs incurred by the City of Ammon," to Section 3c, and an effective date of July 1, 2004. Councilmember Anderson seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Anderson - Yes, Councilmember Thompson - Yes, Councilmember Waite - Yes. The motion carried. ACTION ITEMS: Jackson Home Occupation Application - Dance Studio: Nancy Jackson, 4032 Greenwood Circle, Ammon, Idaho, answered the Council's questions regarding the Dance Studio she plans to operate in her home. The applicant informed the Council that they plan to serve approximately 100 students, holding classes two nights per week. The Council discussed the application. Councilmember Bean motioned to approve the home occupation application with the limitation of 20 students per day. Councilmember Anderson seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Anderson - Yes, Councilmember Thompson - Yes, Councilmember Waite - Yes. The motion carried. Kartchner Rezone - R-l. R-2 & R3-A to R2-A: Notice of the Hearing was published in the Post Register on May 19 and May 26,2004. Notice of the hearing was also mailed to property owners within five hundred (500) feet of the property requested to be rezoned and, to other parties of interest. The Planning and Zoning Commission voted to recommend the Council approve the rezone, four (4) in favor and one (1) against. City Administrator Bruce Rose presented slides showing the general vicinity and location of the properties. 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. Councilmember Thompson noted for the record that the first publication of the Notice of Hearing had an error in the last paragraph, referring to the subject matter as an annexation. The City Clerk informed the Council that the second published notice was corrected, and that the notices mailed to property owners within 500 feet was correct. Planning and Zoning Chairman Doug Willden stated that he does not think anything different would have happened if the error in the first publication had not occurred. Stephanie Bonney, 3570 Stonegate Drive, attorney representing the Ashment Family Trust stated they feel the notice was adequate. Craig Simpson, representing some of the concerned citizens, stated that he disagrees. He stated it is hard to know who would have shown up at the public hearing that didn't because of the error in the notice. Alan Cunningham, 1020 Lincoln Road, of Mountain River Engineering, stated that the error in the publication was clearly a typo and carried the message that the application was for a rezone. Councilmember Thompson also raised a concern regarding a letter received from Stephanie Bonney which states "In addition, I would like to address the problem with ex parte contacts within the City council. I feel it is necessary for Rex Thompson to refrain from participating in this project due to his admittance at May City council meeting that he went door to door eliciting comments form the public. Obviously, his contacts are too numerous to cure by attempting to summarize them into the record In addition, I believe that he attended the Planning and zoning meetingfor this project in direct contravention to the council's resolution. I have also received information that Karen Anderson has participated in numerous ex parte contacts and I would ask that she summarize all contacts on the record as required by law. If she is unable to do so, I would ask that she recuse herself as well." Councilmember Thompson clarified that he went to nine homes in the area around the Kartchner property and spoke City Council Minutes 06/24/04 - 2 with seven people and is prepared to detail the conversations. He stated that he did attend the public hearing. It is his understanding with regard to ex parte communication that it is the only way to get information. Stating that he does not believe that is ex parte communication. City Attorney Scott Hall stated that the Council resolved and the Mayor relieved the Council of attendance at Planning and Zoning meetings. It is his position that attendance at the Planning and Zoning meeting(s) by councilmembers constitutes ex parte communication and advises against such attendance. The Council discussed whether attendance at the Planning and Zoning meeting is ex parte communication and, the request for Councilmember Thompson and Councilmember Anderson refrain from voting on the issue. Councilmember Anderson motioned to table the proposed rezone until the Attorney General can be consulted for an opinion regarding whether councilmember attendance at public hearing held before the Planning and Zoning Commission is ex-parte communication. Councilmember Thompson seconded. Roll call vote: Councilmember Anderson - Yes, Councilmember Thompson - Yes, Councilmember Waite - No, Councilmember Bean - No, Mayor Ard - No. The motion failed. Stephanie Bonnie clarified to the Council that the Applicants are asking that the requested rezone be approved but, only take effect if the Planned Unit Development is approved. City Attorney Hall informed the Council that it is not appropriate for a rezone to be approved conditioned upon a future event. Alan Cunningham, 1020 Lincoln Road, of Mountain River Engineering and Troy Kartchner, 601 West 1700 South, Logan Utah, the Developer, presented the proposed rezone and answered Commission questions. The Planned Unit Development was discussed at the Public Hearing before Planning and Zoning. Doug Willden reported the Planning and Zoning Commissions discussion and vote with regard to the proposed rezone. Concern discussed was not wanting that whole area changed to a zone that ends up with a project other than they are looking a now. The Commission would like the Council to restrict what is done. The Commission recommends approval and desires a maximum of 9 living units per acre be set The Council discussed restricting the use under the new zone. It was determined that if the developer wanted to rezone only if a project is approved, they should have submitted the two applications at the same time. There was further discussion of whether a zone could be conditioned on a future approval. Mayor Ard stated he would not vote on a rezone contingent on anything. Troy Kartchner, the applicant, suggested the Council proceed with consideration of the rezone. He is willing to work with whatever the Council decides is best for the City. The Council considered whether to proceed or to hold a public hearing before the Council, hold a second public hearing before the Planning and Zoning Commission. The Council discussed the number of units per acre that would be allowed with the current zoning and the requested zoning; and, the earliest meeting at which a PUD hearing could be held by Planning and Zoning. Troy Kartchner requested that the Council table the discussion until later in the meeting. He proposed to discuss the issues with those neighboring property owners and citizens. Mayor Ard tabled the discussion and called a short recess. Johnson/Ammon Road Request for Rezone RP to R3-A: Notice of the Hearing was published in the Post Register on May 19 and May 26,2004. Notice of the hearing was also mailed to property owners within five hundred (500) feet of the property and, to other parties of interest. The Planning and Zoning Commission voted to recommend the Council approve the requested rezone by a vote of three (3) for and two (2) against. City Planning Director Ron Folsom presented slides showing the general vicinity and location of the property. The property is located on the east side of Ammon Road, south of Brookfield Lane, north of Georgia Lane at the west end of Wanda. The requested zone is compatible with the Comprehensive Plan and Comprehensive Plan Map. The rezone request being presented to the Council excludes the south eastern portion ofthe property Doug Willden, Planning and Zoning Chairman, reported the Commission's comments on the proposed rezone. Planning and Zoning recommends that the south eastern portion of the property be excluded from the rezone as it was presented to the Commission. Brent Johnson, 3801 Taylorview Lane representing the developer(s), answered the Council's questions regarding the developers' plans for the property. The Council tabled the requested rezone until such time as the developer presents the Council with the restrictions the developer will be placing on the project. Cotta2es #6 Final Plat and Develooment A2reement: City Planning Director Ron Folsom presented slides of the proposed plat, vicinity and zoning of the property. The property is located south of 21st South along the eastern edge City Council Minutes 06/24/04 - 3 of the Cottages addition to the City of Ammon. The developer has agreed to construct a bridge across the canal from Cabana Drive to the property and, right-of-way through the property to the property to the east of the proposed plat. The bridge is used and, has been inspected by the City Engineer and approved for use across the canal. Alan Cunningham, 1020 Lincoln Road, of Mountain River Engineering answered Council questions regarding the proposed plat. The Council discussed the proposed plat and development agreement. Councilmember Bean motioned to approve the Cottages #6 Final Plat and Development Agreement with the addition of a special condition requiring a street to be constructed through the right-of-way to the east boundary when a building permit is submitted for the second lot. Councilmember Anderson seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Anderson - Yes, Councilmember Thompson - Yes, Councilmember Waite - Yes. The motion carried. Ricks Farm Division #1 - 9th Amended Plat: City Planning Director Ron Folsom presented slides of the proposed plat, vicinity and zoning of the property. The property is located north of Sunnyside and west of Eagle Drive in the Ricks Farm Addition to the City of Ammon. Alan Cunningham, 1020 Lincoln Road, of Mountain River Engineering, answered the Council's questions regarding the proposed amended plat. The Council discussed the proposed plat amendment. Councilmember Bean voiced concern that improvements to Sunnyside have not been addressed in relation to the Hawkins-Smith development. He feels improvements to Sunnyside and the undeveloped portion of Hitt Road need to be discussed with Hawkins-Smith in relation to this amended plat. Councilmember Bean motioned to approve the Ricks Farm Division #1 9th Amended Plat, conditioned upon the developer placing sufficient money into escrow with the City to pay for that portion of Sunnyside that boarders the property within one year from the current date or when a site plan is approved, whichever comes first. Councilmember Waite seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Waite - Yes, Councilmember Thompson - Yes, Councilmember Anderson - Yes. The motion carried. Sunnyside Storm Pond A2reement: Councilmember Bean presented the most recent revision of the storm pond agreement being negotiated with School District #93 and, recommended Council approval. City Engineer Bill Manwill informed the Council that Exhibit B of the agreement is identical to Exhibit A with the exception of the number of acres described. A correct legal description for the property described in Exhibit B needs to be obtained before the agreement is fmalized. Councilmember Bean motioned to approve the Sunnyside Storm Pond Agreement as presented. Councilmember Anderson seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Anderson - Yes, Councilmember Thompson - Yes, Councilmember Waite - Yes. The motion carried. Kartchner Rezone - R-I. R-2 & R3-A to R2-A: Troy Kartchner addressed the Council and informed them that through discussion with the neighboring property owners, they are agreeable to the rezone with a limit of nine (9) residential units per acre. Craig Simpson, representing the property owners north and west of Sandcreek, and some Fox Hollow residents, concurred with Mr. Kartchner's statement. Mayor Ard informed the audience that the School District has recently been before the Council seeking special use permits to place modular classrooms at several schools. Those permits have been granted, however, they are limited in time to encourage the School District to plan for expansion of the schools to meet population growth as soon as possible. The Council discussed the requested rezone and the project which may be developed on the property. Councilmember Bean motioned to approve the Kartchner request for rezone with a limit of nine (9) residential units per acre and the property is developed as townhomes in R2-A and Single Family detacted in R-l. Councilmember Waite seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Waite - Yes, Councihnember Anderson - Yes, Councilmember Thompson - Yes. The motion carried. Asset Inventorv: City Clerk Diane Gempler reported that quotes had been requested for completion of the City's asset inventory and, two companies responded. She recommended that Valuations Northwest be contracted to complete the asset inventory. City Council Minutes 06/24/04 - 4 Councilmember Anderson motioned to contract with Valuations Northwest to conduct the City's asset inventory. Councilmember Bean seconded. Roll call vote: Councilmember Anderson - Yes, Councilmember Bean- Yes, Councilmember Thompson - Yes, Councilmember Waite - Yes. The motion carried. Miscellaneous Discussion Items: Councilmember Bean reported that he has discussed expansion of the sewer service area with Chad Stanger. Mr. Stanger feels there shouldn't be a problem getting the expansion approved by the Idaho Falls City Council. Mayor Ard reported that he and Councilmemher Bean met with Bill Shurtliff on improvements to Hitt Road. They asked for Bill Manwill to be included in developing the costs of the improvements. There was not any disagreement with regard to amounts the City of Ammon and developers within Ammon have contributed to Hitt Road improvements since entering into the agreement to share the costs of improvements. Idaho Falls representatives have indicated a willingness to work with the City of Ammon in calculating and apportioning the cost of upcoming projects and, offered to work with the City of Ammon with regard to payment of the City of Ammon's portion of those costs. There was discussion about the progress of the Sunnyside Project. Councilmember Bean reported that IBSD sent a check for past due contract amounts. A letter was sent in reply that the check will not be executed; we believe there is a breach of contract; we are doing our own investigation and will be contacting them upon it's completion; and, we believe that there are other breaches of contract as well. City Clerk Diane Gempler reported that the accounts are well into their audit, additional information has been provided as requested. City Engineer Bill Manwill ask if a copy of the IBSD documents will be made available to the public on request. The information is public record and all requests will be honored. Councilmember Bean motioned to adjourn to executive session to discuss real estate and personnel issues. Councilmember Waite seconded. Meeting adjourned at 11 :50 p.m. ~ J-:>L cY~ -~ l)iane B. Gempler, City Clerk/Tre e",-- rer City Council Minutes 06/24/04 - 5