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Council Minutes 01/22/2004 .. CITY OF AMMON CITY COUNCIL MINUTES TffiJRSDA Y, JANUARY 22,2004 The meeting was called to order by Mayor C. Bruce Ard at 7:30 p.rn. 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 Randy Waite Councilmember Rex Thompson City Attorney Scott Hall City Administrator Bruce Rose City Engineer Bill Manwill Planning & Zoning Chairman Doug Willden Planning & Zoning Commission Member Tom Hunsaker City Clerkffreasurer Diane Gempler City Officials Absent: Councilmember W. Lee Bean Mayor Ard led the Pled!!e of Allel!iance to the Fla!! and, Councihnember Anderson offered a prayer. Minutes - Januarv 8. 2004: A correction to the Council assignments was noted. Councilmember Anderson motioned to approve the January 8, 2004, minutes as corrected. Councilmember Waite seconded. Roll call vote: Councilmember Anderson -- Yes, Councilmember Waite -- Yes, Councilmember Thompson - Yes. The motion carried. Consent A!!enda: Councilmember Anderson asked if Brandy Jensen was present to answer questions regarding her application for a home occupation permit to operate a ballet school. The applicant answered Council questions regarding the number of students and classes she planned. Councilmember Anderson motioned to approve the Amended Consent Agenda limiting Ms. Jensen's ballet school to 100 students per week. Councilmember Thompson seconded. Roll call vote: Councilmember Anderson - Yes, Councilmember Thompson - Yes, Councilmember Waite - Yes. The motion carried. Public Comment Re!!ardin!! Items Not on A!!enda: None ACTION ITEMS: Christensen ReQnest for Annexation and Initial R-l Zonin!!: City Administrator Bruce Rose presented slides of the proposed atmexation, vicinity and adjacent zoning. The property is located North of 21 st South atld the Cottages Addition and is adjacent to the City limits along 21 st South. The proposed annexation is within the area of impact and is compatible with the Comprehensive Plan. Planning and Zoning voted unanimously to recommend the Council approve the request. The Council discussed the annexation and initial zoning as presented. Tom Hunsaker and Doug Willden reported on Planning and Zoning discussion regarding the proposal. Councilmember Waite motioned to table the Christensen Request for Annexation and Initial R-l Zoning until further information can be provided by the Christensens. Councilmember Thompson seconded. Roll call vote: Councilmember Waite - Yes, Councilmember Thompson - Yes, Councilmember Anderson - Yes. The motion carried. Spilker Request for Annexation and Initial RE Zonin!!: City Administrator Bruce Rose presented slides of the proposed annexation, vicinity and adjacent zoning. The property is located South of 21 st South, East of the Cottages Addition, and West of the recently annexed Griffeth property. And, is adjacent City Council Minutes 01/22/2004 - 1 " to the City limits on the North and East boundaries of the property. The proposed annexation is within the area of impact and is compatible with the Comprehensive Plan. Planning and Zoning voted unanimously to recommend the Council approve the request. The Council discussed the requested lUmexation. Previously, atmexation agreements have not been required for annexations of developed individual properties. As there have been previous verbal agreements regarding this property, an atmexation agreement will be drafted outlining those agreements. Councilmember Anderson motioned to approved the requested Annexation and Initial RE Zoning conditioned upon an Annexation Agreement being approved stipulating City Water may only be used to irrigate the atmexed property; Waiver of the water connection fee and City payment of the sewer connection fee only apply to the current residence on the property; and Mr. Spilker waives any and all claims against the City due to dropping water levels in his well. Councilmember Waite seconded. Roll call vote: Councilmember Anderson- Yes, Councilmember Waite - Yes, Councilmember Thompson - Yes. The motion carried. Johnson Request for Rezone R-l to RE: City Administrator Bmce Rose presented slides of the proposed rezone from R-l to RE. The property is located in the Woodland Hills - A addition, West of Crowley Road and South of Township. Planning and Zoning voted unanimously to recommend the City Council approve the requested rezone. Councilmember Anderson motioned to approve the Johnson request for Rezone from R-l to RE. Councilmember Waite seconded. Roll call vote: Councilmember Anderson - Yes, Councilmember Waite- Yes, Councilmember Thompson - Yes. The motion carried. Councilmember Anderson read Ordinance # 338, AN ORDINANCE TO AMEND THE ZONING CLASSIFICATION AND THE ZONING MAP FOR CERTAIN LANDS LOCATED WITHIN THE CITY OF AMMON; PARTICULARLY DESCRIBING SAID LANDS AND DECLARING THE CLASSIFICATION OF ZONING FOR EACH SUCH PARCEL OF LAND; PROVIDING FOR AN EFFECTIVE DATE. (Zone Change from R-l to RE - Mark Johnson Property by title lUld motioned to dispense with the rule requiring three readings of the Ordinance. Councilmember Waite seconded. Roll call vote: Councilmember Anderson- Yes, Councilmember Waite - Yes, Councilmember Thompson - Yes. The motion carried. Councilmember Anderson read Ordinance #338 AN ORDINANCE TO AMEND THE ZONING CLASSIFICATION AND THE ZONING MAP FOR CERTAIN LANDS LOCATED WITHIN THE CITY OF AMMON; PARTICULARLY DESCRIBING SAID LANDS AND DECLARING THE CLASSIFICATION OF ZONING FOR EACH SUCH PARCEL OF LAND; PROVIDING FOR AN EFFECTIVE DATE. (Zone Change from R-l to RE - Mark Johnson Property by title and motioned to adopt Ordinance #338 on its third cmd final reading. Councilmember Waite seconded. Roll call vote: Councilmember Anderson - Yes, Councilmember Waite - Yes, Councilmember Thompson - Yes. The motion carried. Selection of Commercial ADDraiser: City Administrator Bmce Rose reported that proposals have been received from the two MAl certified commercial appraisers in tl1e area. The proposal made by CK Thomson & Associates will provide for the necessary appraisal information at the lowest cost. Councilmember Waite motioned to select CK Thompson & Associates as the commercial appraiser for tl1e City. Councilmember Thompson seconded. Roll call vote: Councilmember Waite - Yes, Councilmember Thompson - Yes, Councilmember Anderson - Yes. The motion carried. Resolution 2004-01 (Amended Resolution 2003-006) License Fees: Councilmember Anderson motioned to approve Resolution 2004-01, A Resolution Amending Resolution No. 2003-06, Modifying, Compiling and Republishing the provisions Relating to License Fees and Permit Fees. Councilmember Waite Seconded. Councilmember Waite seconded. Roll call vote: Councilmember Anderson - Yes, Councilmember Waite - Yes, Councilmember Thompson - Yes. The motion carried. Blatter Request for Rezone R-l to R2-A: City Administrator Bmce Rose reported a history of the Blatter's request for rezone of their property located on the West side of Ammon Road between Rawson Street lUld Owen Street. Platming lUld Zoning has voted to recommend tlle Council deny the requested rezone. City Council Minutes 01/22/2004 - 2 ~ Ms. Helma Blatter addressed the Council regarding the requested rezone and presented pictures of the 4-plex home her family wishes to build on the property. The Council discussed the request. Tom Hunsaker and Planning and Zoning Chairman Doug Willden reported to the Council on the testimony given at the Public Hearing held on the requested rezone. Councilmember Anderson motioned to hold a Public Hearing before the City Council at the February 19, 2004, Council meeting. Council member Thompson seconded. Roll call vote: Councilmember Anderson - Yes, Counclmember Thompson - Yes, Councilmember Waite - Yes. The motion carried. The Council discussed proposing a development agreement with the Blatters' that will restrict the development of the property to one 4-plex building with a single common front entrance, separate utilities, parking in the rear of the building and a minimum of 30% landscaping of the property. MISCELLANEOUS DISCUSSION: Lien Rii!hts on Commercial Landscauini!: The Council discussed including lien rights within the standard development agreement and, alternative methods of ensuring completion of landscaping of commercial developments. City Administrator Bruce Rose reminded the Council that the Planning and Zoning Appreciation Dinner will be held on Tuesday, January 27th at Sol Rio beginning and 6:30 p.m. City Attorney Scott Hall indicated that he has report on a litigation issue for the City Council. Councilmember Anderson motioned to adjourn to executive session to discuss a litigation issue. Councilmember Waite seconded. Meeting adjourned at 9:50 p.m. ~;~ C~ City Council Minutes 01/22/2004 - 3