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Council Minutes 08/07/2003 CITY OF AMMON CITY COUNCIL MINUTES THURSDAY, AUGUST 7, 2003 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 W. Lee Bean Councilmember Randy Waite City Attorney Brian Tucker City Administrator Bruce Rose City Engineer Bill Manwill Public Works Director David Wadsworth Planning & Zoning Chairman Tom Hunsaker City Clerk/Treasurer Diane Gempler The following City Officials were absent: Councilmember Leslie Folsom Councilmember Anderson led the Pledl!e of Allel!iance to the Flal! and Councilmember Bean offered a prayer. MINUTES: Councilmember Anderson motioned to approve the Minutes of the July 17,2003 City Council Meeting. Councilmember Waite seconded. Roll call vote: Councilmember Anderson - Yes, Councilmember Waite - Yes, Councilmember Bean - Yes. The motion carried. CONSENT AGENDA: The Council discussed the application by Paul Johnson for a business license to operate a roll-off dumpster commercial garbage service. City staff was directed to research the zoning of the location where Mr. Johnson would like to locate the business. Councilmember Anderson motioned to approve the Consent Agenda with the exception of Mr. Johnson's application. Councilmember Bean seconded. Roll call vote: Councilmember Anderson - Yes, Councilmember Bean - Yes, Councilmember Waite - Yes. The motion carried. PUBLIC HEARING - 2003-2004 FISCAL YEAR BUDGET: Mayor Ard explained the hearing process and called the hearing to order. No citizens stood to be sworn in. There were no comments or questions from the public regarding the proposed budget. Mayor Ard closed the hearing. PUBLIC HEARING RESOLUTIONS 2003-006 AND 2003-007 - FEES: Mayor Ard called the hearing to order. No citizens stood to be sworn in. There were no comments or questions from the public regarding the proposed fee changes and new fees. Mayor Ard closed the hearing. The Council discussed resolution 2003-007, new fees for park facilities. City Administrator Bruce Rose reported that Parks Director Ken Knoch has discussed the proposed ball field fees with the various leagues that utilize them and has received a positive response. The wording regarding the Pavilion use fees was changed to reservation fee. And, the ball field league fees wording was amended to indicate the fees would not apply to City sponsored leagues. Planning and Zoning Chairman Tom Hunsaker commented that the WBBA has been collecting the fee from players and holding it in reserve as it has not been required by the City. They are prepared to pay the fee that is being proposed. He also commented that the location in Denver where his family holds their reunions reserves park pavilions for a block of hours. The Council discussed Resolution 2003-006, fee changes. An Astrid was added to indicate that the new general business license fee includes a $25.00 fire inspection fee. City Council Minutes 08/07/2003 - 1 Councilmember Bean motioned to approve Resolution 2003-006 modifying fee rates with general business license to include fire inspection fee. Councilmember Anderson seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Anderson - Yes, Councilmember Waite - Yes. The motion carried. Councilmember Anderson motioned to approve Resolution 2003-007 implementing park facility use/reservation fees as amended with an effective date of October 1, 2003. Councilmember Bean seconded. Roll call vote: Councilmember Anderson - Yes, Councilmember Bean - Yes, Councilmember Waite - Yes. The motion carried. Councilmember Bean motioned to approve the 2003-2004 Fiscal Year Budget. Councilmember Waite seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Waite - Yes, Councilmember Anderson - Yes. The motion carried. Peter H. Manson - Bartender Permit Auueal: Mr. Manson was not present at the meeting. Denial of permit stands. Rockwell Homes/Tawzer (Woodland Hills A) Ordinance and Annexation Agreement: City Administrator Bruce Rose informed the Council of the history of this annexation and initial zoning. The Council approved the annexation and initial zoning at the July 17,2003 City Council Meeting, and reviewed the annexation agreement and made recommendations for changes at that time. City Attorney Brian Tucker answered Council questions regarding the content of the revised annexation agreement. Councilmember Anderson motioned to waive the second reading of Ordinance No. 327, an Ordinance of the City of Ammon 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 property 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 the annexation of said lands (Woodland Hills - A). Councilmember Bean seconded. Roll call vote: Councilmember Anderson - Yes, Councilmember Bean - Yes, Councilmember Waite - Yes. The motion carried. Councilmember Anderson motioned to approve Ordinance No. 327, an Ordinance of the City of Ammon 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 property 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 the annexation of said lands (Woodland Hills - A) on its third and final reading. Councilmember Bean seconded. Roll call vote: Councilmember Anderson - Yes, Councilmember Bean - Yes, Councilmember Waite - Yes. The motion carried. Councilmember Anderson motioned to approve the Annexation Agreement for Woodland Hills - A as presented. Councilmember Bean seconded. Roll call vote: Councilmember Anderson - Yes, Councilmember Bean - Yes, Councilmember Waite - Yes. The motion carried. Street Name Chanl!e - Mountain Vista Drive to Eal!les Homestead Drive: City Administrator Bruce Rose presented the requested street name change to the Council. The street runs south from 17th Street in the Eagle Pointe Addition. Bonneville County Emergency Services Agency is requesting the name change to eliminate confusion regarding several streets with similar names. Councilmember Bean motioned to approve the name change from Mountain Vista Drive to Eagles Homestead Drive as requested. Councilmember Waite seconded the motion. Roll call vote: Councilmember Bean - Yes, Councilmember Waite - Yes, Councilmember Anderson - Yes. The motion carried. City staff was instructed to inform the residents on the street of the name change. Ouail Ridl!e Well Memorandum of Understandinl! and Settlement Al!reement: City Administrator Bruce Rose presented the revised Memorandum of Understanding and Settlement Agreement regarding acceptance of the Quail Ridge Well. City Attorney Brian Tucker answered Council questions regarding the content of the revised agreement. And, provided the Council with a copy of the Date Down Agreement from the Title Company. City Council Minutes 08/07/2003 - 2 The Council discussed the existing Pump Tech Materialman's Lien against the property and the warranty work the company has not completed on the drive unit and air compressor. Councilmember Bean motioned to place the monies owed to Pump Tech under the Memorandum of Understanding and Settlement Agreement into escrow until such time as the warranty work has been completed and release of lien secured. Councilmember Waite seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Waite - Yes, Councilmember Anderson - Yes. The motion carried. Councilmember Bean motioned to authorize Mayor Ard to sign the Memorandum of Understanding and Settlement Agreement. Councilmember Waite seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Waite - Yes, Councilmember Anderson - Yes. The motion carried. Plannin!! and Zonin!! Renort: City Administrator Bruce Rose reported on the actions taken at the August 5,2003, Planning and Zoning Meeting. The Planning and Zoning Commission held three public hearings. The Chamberlain request for rezone from RP to RE, of 6.27 acres. It is a portion of the Cottonwood Hills Addition. There was not any testimony during this hearing. The Planning and Zoning Commission voted unanimously to recommend the Council approve the request. The Griffeth request for annexation and initial RE zoning. The property is located South of 21 st South and West of the Quail Ridge Addition. There was not any testimony during this hearing. The Planning and Zoning Commission voted unanimously to recommend the Council approve the request. The Johnson/Trailwood request to rezone from CC-I and R3 to RI-A for property North ofK- Mart and South of Tiebreaker. There was testimony in favor of the rezone request given by Mr. Groberg. The Planning and Zoning Commission voted unanimously to recommend the Council approve the request. The Council requested that the plats presented at Planning and Zoning for this property be brought to the work session on August 14. The Cottonwood Hills #2 Preliminary and Final Plat was recommended for approval. This is a portion of the property requested for rezone by the Chamberlains. The Council requested that the plat be brought to the work session on August 14. The Woodland Hills #3 Final Plat was recommended for approval. This division borders the park in the Woodland Hills Addition. There were no changes made from the preliminary plat previously approved. Quail Ridge Division #6 Preliminary and Final Plat was resubmitted and recommended for approval by a vote of 5 for and 1 against (due to missing street names). This Plat was previously approved in October 2001. The property is North of 21 st South and is along the Western edge of the Quail Ridge Addition. The Council requested that the plat be brought to the work session. Eagle Pointe #6 and #7 plats were also recommended for approval. The Council requested they be brought to the work session. Trailwood #6 revised Preliminary and Final Plats and Trailwood #7 Preliminary and Final Plats were recommended for approval. City Administrator Rose recommended it be reviewed at the work seSSIOn. Eagle Pointe #7 Site Plan was approved and will be placed on the Agenda for the August 21, 2003. The Planning and Zoning Commission recommended the Site Plan for approval. Councilmember Anderson asked the Council to consider that some of the information presented by some Engineers is incorrect or misleading. Her concern is that the information included on plats, outside of the actual plat may mislead the Planning and Zoning members. The difficulty appears to lie in the fact that proposed streets are included in the areas surrounding plats that are being presented. The Council and staff discussed the concern at length. City Administrator Bruce Rose reported that concern regarding Preliminary and Final Plats being submitted together by developers was discussed. It was the staff's understanding that on all new developments that preliminary plats would be submitted first then if approved the final would be brought at a later date. On current developments, the developer would be taking the risk of the final being denied if submitting both the preliminary and final together. Councilmember Anderson indicated that the concern raised at Planning and Zoning is that the Final Plat is being adjusted between the Planning and Zoning meeting and presentation to the City Council. City Council Minutes 08/07/2003 - 3 The Council discussed the problems that have been presented by allowing developers' to submit both plats together. Councilmember Bean suggested that the City Administrator, City Engineer, and Public Works Director prepare a proposal for handling the submission of preliminary and final plats to be presented at the next work session. The August 14, 2003, work session was scheduled to begin at 3:30 p.m. City Attorney Brian Tucker reported that he has a pending litigation matter that needs to be discussed in executive session following this regular meeting. City Engineer Bill Manwill reported that the Bonneville County Transportation Committee met on August 6, 2003, that the projects planned for 2003 will not be done until 2004, as there is still work that needs to be done on the easements and storm pond. Councilmember Bean motioned to move into executive session to discuss a litigation issue. Councilmember Anderson seconded. All in favor, motion carried. The Council adjourned from executive session at 10:00 p.m. C. Bruce Ard, Mayor Diane B. Gempler, City Clerk/Treasurer City Council Minutes 08/07/2003 - 4