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Council Minutes 10/16/2003 CITY OF AMMON CITY COUNCIL MINUTES THURSDAY, OCTOBER 16, 2003 The meeting was called to order by Mayor C. Bruce Ard at 8:00 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 Leslie Folsom Councilmember Randy Waite City Attorney Scott Hall City Administrator Bruce Rose City Engineer Bill Manwill Public Works Director David Wadsworth Planning & Zoning Chairman Tom Hunsaker City Clerkffreasurer Diane Gempler The following City Officials were absent: Councilmember W. Lee Bean Councilmember Waite led the Pledl!e of AIlel!iance to the Flal! and Councilmember Anderson offered a praver. MINUTES: Councilmember Folsom motioned to approve the Minutes of the October 2,2003 City Council Meeting. Councilmember Waite seconded. Roll call vote: Councilmember Folsom - Yes, Councilmember Waite - Yes, Councilmember Anderson - Yes. The motion carried. CONSENT AGENDA: Councilmember Folsom motioned to approve the Consent Agenda. Councilmember Anderson seconded. Roll call vote: Councilmember Folsom - Yes, Councilmember Anderson - Yes, Councilmember Waite - Yes. The motion carried. Mayor Ard recognized the Boy Scouts in attendance at the meeting and each of the Scouts introduced themselves to the Council announcing the Merit Badge they are currently working on. ACTION ITEMS: FoothillslCottal!es Annexation - Ordinance No. 334: City Administrator Bruce Rose presented slides showing the proposed annexation. The property is located South of 21 st South along the Southern border of the Cottages Addition to the City of Ammon. The Cottages is zoned RP-A, and the Quail Ridge addition East of the proposed annexation is zoned RP. The proposed annexation is within the area of impact and is in compliance with the Comprehensive Plan. Public Hearing was held at October 7, 2003, before the Planning and Zoning Commission. Notice of the Hearing was published in the Post Register on September 23 and September 30, 2003. Notice of the hearing was also mailed to property owners within five hundred (500) feet of the property proposed to be annexed and, to other parties of interest. Commissionmember Jarin Hammer stepped down for the hearing due to a conflict of interest. Alan Cunningham, 1020 Lincoln Road, of Mountain River Engineering, addressed the Council indicating that the strip of land requested to be annexed is between the previously annexed Cottages Addition and the fence line along bordering properties. The developer did not own the property at the time of the initial Cottages annexation. The property has been acquired by the developer and is proposed for annexation and inclusion in the addition at this time to adjust the property lines to be consistent with the existing field lines. City Council Minutes 10/16/2003 - I Planning and Zoning Chainnan Tom Hunsaker reported the Commission voted unanimously to recommend approval of the annexation and initial zoning. There was not any testimony for or against the annexation and initial zoning during the public hearing. A property owner bordering the annexation in the Cottages Division #2 asked for clarification of the disposition of the property bordering his and, what will happen with the dirt piles on the property bordering his. He was informed that the developer owns the property and it was planning to quit claim to adjoining property owners in the Cottages. Chairman Hunsaker reported that the inclusion of this annexation allows for revisions to the Cottages Division #4 Plat that will provide for a street stubbed to the South from the Cottages, the Commission viewed this as a positive result from the annexation. City Attorney Scott Hall indicated that the original Cottages Annexation Agreement is included in this Annexation Agreement by reference. Councilmember Anderson motioned to waive the second public hearing for the Foothills/Cottages II Annexation and Initial Zoning. Councilmember Folsom Seconded. Roll call vote: Councilmember Anderson - Yes; Councilmember Folsom - Yes; Councilmember Waite - Yes. The motion carried. Councilmember Folsom motioned to approve the Annexation and Initial RP-A Zoning of the Foothills Property/Cottages II. Councilmember Waite seconded. Roll call vote: Councilmember Folsom _ Yes, Councilmember Waite - Yes, Councilmember Anderson - Yes. The motion carried. Councilmember Folsom read Ordinance No. 334, 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, PARCEL 'A' Beginning at the West 1/4 Comer of Section 25, Township 2 North, Range 38 East of the Boise Meridian; running thence S.0Io34'41"E. along the Section line 675.20 feet; thence S.89004'00"E. 2598.96 feet; thence N.00022'06''E. 119.85 feet to the TRUE POINT OF BEGINNING; running thence N.Ooo22'06"E. 43.52 feet to the Southwest corner of Lot 11, Block 4, The Cottages, Division No.2, an Addition to the City of Ammon, Bonneville County, Idaho; thence N.88002'21"E. along the South line of said Lot 11 a distance of 96.44 feet to the North-South Center Section line of said Section 25; thence S.00026'41''E. along said North-South Center Section line 42.49 feet; thence S.87026'30"W. 97.09 feet to the TRUE POINT OF BEGINNING. PARCEL 'B' Beginning at a point that is N.88002'21"E. along the South boundary line 96.44 feet from the Southwest corner of The Cottages, Division No.2, an Addition to the City of Ammon, Bonneville County, Idaho, said POINT OF BEGINNING being on the North-South Center Section line of Section 25, Township 2 North, Range 38 East of the Boise Meridian; running thence N.88006'14"E. along said South boundary line of The Cottages, Division No. 2 extended 1522.19 feet to the West toe of the Hillside Canal; thence S.l1006'35"W. along said West toe 25.59 feet; thence S.87026'29"W. 1517.61 feet to said North-South Center Section line; thence N.00026'41''W. along said North-South Center Section line 42.49 feet to the POINT OF BEGINNING. SUBJECT TO: existing easements of record. by title and motioned to dispense with the rule requiring three readings of the Ordinance. Councilmember Waite seconded. Roll call vote: Councilmember Folsom - Yes, Councilmember Waite - Yes, Councilmember Anderson - Yes. The motion carried. Councilmember Folsom read Ordinance No. 334, 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 APART 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; City Council Minutes 10/16/2003 - 2 PROVIDING FOR AN EFFECTIVE DATE FOR THIS ORDINANCE AND OF THE ANNEXA nON OF SAID LANDS, PARCEL "A' Beginning at the West 1/4 Corner of Section 25, Township 2 North, Range 38 East of the Boise Meridian; running thence S.oIo34'41"E. along the Section line 675.20 feet; thence S.89004'00"E. 2598.96 feet; thence N.00022'06''E. 119.85 feet to the TRUE POINT OF BEGINNING; running thence N.00022'06''E. 43.52 feet to the Southwest corner of Lot II, Block 4, The Cottages, Division No.2, an Addition to the City of Ammon, Bonneville County, Idaho; thence N.88002'21"E. along the South line of said Lot II a distance of 96.44 feet to the North-South Center Section line of said Section 25; thence S.00026'41''E. along said North-South Center Section line 42.49 feet; thence S.87026'30"W. 97.09 feet to the TRUE POINT OF BEGINNING. PARCEL 'B' Beginning at a point that is N.88002'21"E. along the South boundary line 96.44 feet from the Southwest corner of The Cottages, Division No.2, an Addition to the City of Ammon, Bonneville County, Idaho, said POINT OF BEGINNING being on the North-South Center Section line of Section 25, Township 2 North, Range 38 East of the Boise Meridian; running thence N.88006' 14"E. along said South boundary line of The Cottages, Division No. 2 extended 1522.19 feet to the West toe of the Hillside Canal; thence S.l1006'35"W. along said West toe 25.59 feet; thence S.87026'29"W. 1517.61 feet to said North-South Center Section line; thence N.00026'41''W. along said North-South Center Section line 42.49 feet to the POINT OF BEGINNING. SUBJECT TO: existing easements of record. by title and motioned to adopt Ordinance No. 334 on its third and final reading. Councilmember Waite seconded. Roll call vote: Councilmember Folsom - Yes, Councilmember Waite - Yes, Councilmember Anderson - Yes. The motion carried. Ea!!le Pointe #6 Rezone - C-l to R-2 - Ordinance No. 333: City Administrator Broce Rose presented slides of the plat. The location of the proposed rezone is South of 17th Street and East of Eagles Homestead Drive. The property is a portion of the Eagle Pointe #6 Plat that is currently zoned C-I. The Council had given the developer the option of rezoning the property or insertion of a clause in the development agreement limiting the use of the property to multiple family housing so that commercial development would not be located in a residential neighborhood in the future. The Planning and Zoning Commission voted unanimously to recommend approval of the proposed rezone. Public Hearing was held at October 7, 2003, before the Planning and Zoning Commission. Notice ofthe Hearing was published in the Post Register on September 23 and September 30, 2003. Notice ofthe hearing was also mailed to property owners within five hundred (500) feet of the property proposed to be rezoned and, to other parties of interest. City Attorney Scott Hall Councilmember Folsom motioned to waive the 2nd Public Hearing on the proposed rezone. Councilmember Waite seconded. Roll call vote: Councilmember Folsom - Yes, Councilmember Waite- Yes, Councilmember Anderson - Yes. The motion carried. Councilmember Folsom motioned to approve the Eagle Pointe #6 rezone from C-I to R-2. Councilmember Waite seconded. Councilmember Anderson commented that she is against zoning additional high density but, is in favor of the high density over the alternative. Roll call vote: Councilmember Folsom - Yes, Councilmember Waite - Yes, Councilmember Anderson - Yes. The motion carried. Councilmember Folsom read Ordinance No. 333, AN ORDINANCE TO AMEND THE ZONING CLASSIFICATION AND ZONING MAP FOR CERTAIN LANDS TO THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO; DESCRIBING WITH PARTICULARITY SAID LANDS AND DECLARING THE CLASSIFICATION AND ZONING FOR EACH PARCEL PROVIDING FOR AN EFFECTIVE DATE FOR THIS ORDINANCE AND OF THE ANNEXATION OF SAID LANDS, Beginning at a point that is S.oo06'09"W. 608.82 feet along the Section line and N.89053'51"W. 330.00 feet from the Northeast Corner of Section 26, Township 2 North, Range 38 East of the City Council Minutes 10/16/2003 - 3 Boise Meridian; running thence N.89053'51"W. 523.63 feet; thence S.00002'32''W. 360.40 feet thence S.89053'51"E. 523.25 feet; thence N.00006'09''E. 360.40 feet to the POINT OF BEGINNING. Containing 4.33 acres. description for a zone change from C-l to R-2 in Eagle Pointe #6 by title and motioned to dispense with the rule requiring three readings of the Ordinance. Councilmember Waite seconded. Roll call vote: Councilmember Folsom - Yes, Councilmember Waite - Yes, Councilmember Anderson - Yes. The motion carried. Councilmember Folsom read Ordinance No. 333, AN ORDINANCE TO AMEND THE ZONING CLASSIFICATION AND ZONING MAP FOR CERTAIN LANDS TO THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO; DESCRIBING WITH PARTICULARITY SAID LANDS AND DECLARING THE CLASSIFICATION AND ZONING FOR EACH PARCEL PROVIDING FOR AN EFFECTIVE DATE FOR THIS ORDINANCE AND OF THE ANNEXATION OF SAID LANDS, Beginning at a point that is S.Oo06'09"W. 608.82 feet along the Section line and N.89053'51"W. 330.00 feet from the Northeast Comer of Section 26, Township 2 North, Range 38 East of the Boise Meridian; running thence N.89053'51"W. 523.63 feet; thence S.00002'32''W. 360.40 feet; thence S.89053'51"E. 523.25 feet; thence N.00006'09''E. 360.40 feet to the POINT OF BEGINNING. Containing 4.33 acres. description for a zone change from C-l to R-2 in Eagle Pointe #6 by title and motioned to adopt Ordinance No. 333 on its third and final reading. Councilmember Waite seconded. Roll call vote: Councilmember Folsom - Yes, Councilmember Waite - Yes, Councilmember Anderson - Yes. The motion carried. Conditional Use Permit - LDS Church in Trailwood Addition: City Administrator Bruce Rose presented slides of the location and zoning of the property proposed for conditional use. The property is located West of TieBreaker Drive, South of John Adams Parkway and North of 17th Street. The underlying zone for the property and properties immediately adjacent is R-l. There are C-l, and R3-A properties to the South, R-l and R-IA properties to the North and East, and HC-l property to the West. Public Hearing was held at October 7, 2003, before the Planning and Zoning Commission. Notice of the Hearing was published in the Post Register on September 23 and September 30, 2003. Notice of the hearing was also mailed to property owners within five hundred (500) feet of the property subject to the requested Conditional Use Permit and, to other parties of interest. There was no comment for or against the proposed Conditional Use Permit at the Public Hearing. The Planning and Zoning Commission voted unanimously to recommend approval of the Conditional Use Permit Councilmember Anderson motioned to waive the 2nd Public Hearing regarding the LDS Church request for Conditional Use Permit in the Trailwood Addition. Councilmember Folsom seconded. Roll call vote: Councilmember Anderson- Yes, Councilmember Folsom - Yes, Councilmember Waite - Yes. The motion carried. Councilmember Anderson motioned to approve the LDS Church request for Conditional Use Permit in the Trailwood Addition. Councilmember Folsom seconded. Roll call vote: Councilmember Anderson - Yes, Councilmember Folsom - Yes, Councilmember Waite - Yes. The motion carried. Greenfield Park #1 Final Plat. Develollment A!!:reement and Site Plan: City Administrator Bruce Rose presented slides of the location and zoning of the property. The property is located South of 17'11 Street and East of Ammon Road and, is zoned R3-A. Planning and Zoning have recommended approval by a vote of six to zero. City Attoruey Scott Hall indicated that the original Annexation and Development Agreement has not been referenced in the drafted development agreement. There are restrictions placed on the property in the Annexation Agreement that limit the use to four or fewer units in each building. Councilmember Anderson asked why Planning and Zoning is not requiring two accesses from Ammon Road into the Division. Councilmember Folsom stated that the City still has some control regarding a second access through the property East of the proposed plat to 17th Street. City Council Minutes 10/16/2003 - 4 Ryan Briggs, 895 Capital Avenue, of Harper-Leavitt Engineering addressed the Council, indicating that he had advised the developer against having access to the townhomes solely from Ammon Road. Mr. Briggs has discussed the need to allow for access to the property East of the proposed Plat with the developer. The developer has included Greenfield Park (street) from Ammon Road through the middle of the property with accesses to the townhomes from Greenfield Park. Mr. Briggs informed the Council that the developer plans to sell the townhomes to individual owners with a townhome association owning and maintaining the common drives and landscaping. City Engineer Bill Manwill indicated that the Site Plan shows curb and gutter drainage with the sidewalk against the curb. The special conditions in the Annexation Agreement requires swale drainage with the sidewalks set back from the right of way line. Also, approvals from the City of Idaho Falls Sewer Department and the Department of Environmental Quality have not yet been received. Councilmember Folsom motioned to table the Greenfield Park #1 items until the Annexation Agreement can be amended regarding allowing the sidewalk to be adjacent to the curb. City Attorney Scott Hall suggested acquiring a temporary easement in property located to East for a cul-de-sac until such time as the property and street is developed suggested. His concerns are that there may be difficulty for garbage trucks turning around and that there will need to be somewhere to push snow to. Public Works Director David Wadsworth stated that the concerns where other cul-de-sacs were put in for safety the streets are narrower than the one that will be in this development. Ryan Briggs asked the Council to approve the plat, development agreement and site plan with conditions. City Attorney Scott Hall indicated that a public hearing will need to be held to modify the initial Annexation and Development Agreement. Mayor Ard suggested that the developer submit the plans in accordance with the annexation agreement and then have the change made to the annexation agreement prior to installation of the sidewalks. Planning and Zoning Chairman Tom Hunsaker gave a history of the Annexation and Development Agreement. Planning and Zoning review of the Site Plan indicates that it meets all zoning requirements. The set back from the street is sufficient that if the developer chooses to go with drainage swales it would still meet Code. Councilmember Anderson motioned to table the Final Plat, Development Agreement and Site Plan to a special meeting to be held on November 13,2003, to hold a public hearing to amend the original Annexation and Development Agreement to allow curb and gutter with sidewalks in the proposed development. Councilmember Folsom seconded. Roll call vote: COlmcilmember Anderson - Yes, Councilmember Folsom - Yes, COlmcilmember Waite - Yes. The motion carried. Councilmember Anderson motioned to schedule a special meeting to be held on November 13, 2003. Councilmember Folsom seconded. Roll call vote: Councilmember Anderson - Yes, Councilmember Folsom - Yes, Councilmember Waite - Yes. The motion carried. Centennial Ranch #16 Final Plat and Develooment Al!reement: City Engineer Bill Manwill reported that the improvement drawings for this plat have not been reviewed and signed by the City of Idaho Falls Sewer Department. Councilmember Folsom motioned to table the Centennial Ranch #16 Final Plat and Development Agreement until City Engineer Bill Manwill has complete information. Councilmember Waite seconded. Roll call vote: Councilmember Folsom - Yes, Councilmember Waite - Yes, Councilmember Anderson- Yes. The motion carried. Trailwood #4 Site Plan: City Administrator Bruce Rose present~ slides of the location and zoning of the property and the proposed Site Plan. The property is located along Chasewood Drive, North of K-Mart and is zoned CC-I. The proposal is seven fourplex buildings. Planning and Zoning Chairman Tom Hunsaker reported that the Site Plan meets all zoning requirements. Planning and Zoning Commission voted to recommend approval of the Site Plan, with the note that the property would have to be replatted for the buildings to be sold to separate owners. Councilmember Anderson stated that the ordinance requires the parking to be contained on the same lot as the structure unless authorized by the Board of Adjustments. The Council discussed the parking issue and the possibility that the individual units would be side by side or one upstairs and one on City Council Minutes 10/16/2003 - 5 the ground floor. There was not a representative for Arave Construction present to answer Council questions. Councilmember Folsom motioned to table the Arave Construction Trnilwood #4 Site Plan, until such time as the plat is amended to meet the requirement that the parking for each building be contained within the same lot as the structure. Councilmember Anderson seconded. Roll call vote: Councilmember Folsom - Yes, Councilmember Anderson - Yes, Councilmember Waite - Yes. The motion carried. Councilmember Anderson commented that proposed site plans reviewed at this meeting will significantly increase the high density housing within the City. HillCrest Hil!h SchooVSandcreek Middle School Crossinl!: Todd Hicks of School District #93,3497 North Ammon Road, addressed the Council regarding the temporary daily traffic stoppage at Carolyn and Owen Street between Hillcrest High School and Sandcreek Middle School. School officials feel that it is the one option that is the most safe for the children. Councilmember Anderson asked if individuals who are not aware of the temporary stoppage and are blocked in would be let out of the area during the stoppage. Mr. Hicks indicated that individuals are being informed as they are entering and in case of emergency they would be allowed to leave. The School District will provide signage approved by the City if the temporary traffic stoppage is allowed to continue. City Attorney Scott Hall stated that he has some concern that allowing the street to be closed by the School District at any time may give the appearance of easements granted. City Engineer Bill Manwill stated that the current program of traffic stoppage is not in compliance with the MUTCD. Liability is incurred by the City if the crossing is not in compliance. City Engineer Manwill suggests fencing along the island at the bus loading zone to move pedestrian traffic to one crossing. A new crossing will need to be marked at the exit from HillCrest High School on Owen Street to ensure compliance and the crossing guard should be posted at that crossing. The Council discussed the issue at length. Allowing the daily stoppage on a daily basis is not felt to be a permanent solution to the problems of mitigating City liability and ensuring the safety of the students. Councilmember Folsom motioned to accept a three-week temporary traffic stoppages with the agreement that within a week or so a fence will be installed by the school to funnel pedestrian traffic with a review to see if it resolves the situation. Councilmember Waite seconded. Roll call vote: Councilmember Folsom - Yes, Councilmember Waite - Yes, Councilmember Anderson - Yes. The motion carried. Burl!lar Alarm Ordinance: Councilmember Anderson distributed an outline of the requirements proposed to be included in the Burglar Alarm Ordinance as discussed in the October 9, 2003 Council Work Session. The proposals for the ordinance are being reviewed by the Sheriff's office. Councilmember Anderson motioned to direct City Attorney Scott Hall to draft the Burglar Alarm Ordinance. Councilmember Folsom seconded. Roll call vote: Councilmember Anderson - Yes, Councilmember Folsom - Yes, Councilmember Waite - Yes. The motion carried DISCUSSION ITEMS City Attorney Scott Hall reported that tlle utility easements for the future John Adams Parkway have been prepared. City Administrator Bruce Rose will contact Councilmember Lee Bean to arrange for signatures to be obtained. Planninl! and Zoninl! Ordinance Amendments and Chanl!es: Planning and Zoning Chairman Tom Hunsaker presented the proposed amendments to the planning and zoning ordinance. Printed copy of the proposed changes were provided to the Council in their meeting packets. The changes reflect the recommendations of the Plamung and Zoning Commission following the second public hearing which wasiheld at their October 7,2003, meeting. The wording with regard to requiring surety for installation of landscaping was discussed at length. The Council instructed Chairman Hunsaker that the bond should only be required if the landscaping has not been completed at the time of issuance of the Certificate of Occupancy rather than at the time the building permit is issued. City Attorney Scott Hall stated that the wording also needs to clarify that it is a performance bond being required. City Council Minutes 10/16/2003 - 6 . The length of time allowed to complete landscaping under the performance bond was discussed. The Council instructed Chairman Hunsaker that the landscaping should be completed by the 31 st of July in the year following issuance of the Certificate of Occupancy. Language allowing an extension of up to eight months for installation of landscaping under the surety will also be included. The Planning and Zoning Commission questioned whether Special Use and Conditional Use Permit applicants also be held to the surety requirements. The Council discussed the issue and, the language referring to landscaping requirements will be added to the Special/Conditional Use section. The Council indicated that they support a 90-foot width requirement in the R-l zone. Councilmember Anderson suggested that the additional set back requirement for each two feet over 25 feet be added in the R3-A zone. The Planning and Zoning Commission will hold a third public hearing regarding the zoning regulation changes and amendments to incorporate the Council's comments on the proposed changes. City Attorney Scott Hall reported that there is legal matter, which needs to be discussed by the Council. Councilmember Folsom motioned to move to Executive Session to discuss legal matters. Councilmember Waite seconded. All in favor, motion carried. Adjourned to Executive Session at 11: 50 p.rn. , d--t:J C.Bruce Ard~Fayor ---- . ' --". ~~L Diane B. Gempler, City ClerklTreasur ~ City Council Minutes 10/16/2003 - 7