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Council Minutes 05/05/2003 CITY OF AMMON CITY COUNCIL MINUTES THURSDAY, JUNE 5, 2003 The meeting was called to order by Mayor C. Bruce Ard at 7:35 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 W. Lee Bean Councilmember Leslie Folsom Councilmember Randy Waite Attorney Scott Hall Engineer Bill Manwill City Administrator Bruce Rose Public Works Director David Wadsworth Planning & Zoning Chairman Tom Hunsaker City Clerk/Treasurer Diane Gempler Councilmember Folsom led the Pledl!e of Allel!iance to the Flal! and Councilmember Anderson offered a prayer. MINUTES: Councilmember Folsom motioned to approve the minutes of the City Council Meeting held May 15,2003. Councilmember Bean seconded the motion. Roll Call Vote: Folsom - Yes; Bean - Yes; Waite - Yes; Anderson - Yes. The motion carried. CONSENT AGENDA: Councilmember Folsom inquired regarding the home occupation permit for Diedre Wright. Ms. Wright is moving her daycare to her new home. The application will be consider as for a new permit. Councilmember Anderson motioned to approve the Consent Agenda as amended.. Councilmember Folsom seconded the motion. Roll Call Vote: Anderson - Yes; Folsom - Yes; Waite - Yes; Bean - Yes. The motion carried. PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA: Rex Thompson, 3025 Wimbledon Circle, Ammon, Idaho, presented statistics regarding housing density, indicating that high density housing units and commercial developments generate much less property tax revenue than detached single family homes. Mr. Thompson asserts that high-density housing developments increase the demand on emergency and other city services more than single family housing developments. There was discussion concerning how attached single family homes are defined in the statistics Mr. Thompson presented and, the possible duplication of high-density units in the data used to prepare the statistics. Patrick Duffin, 3095 Wimbledon, Ammon, Idaho, commented on the need for planning to regulate increases in high-density housing and, how high-density housing generates a disproportionate increase in the need for additional fire and police services and equipment. Mr. Duffin requests that the Council and Planning and Zoning consider all of the issues and information available in making decisions relating to development in the City. Darlene Winterholler, 3100 Wimbledon, Ammon, Idaho, presented a petition which has been circulated through all areas of the City of Ammon. There are approximately 400 signatures on the petition which requests that the Planning and Zoning Commission and City Council consider the ratio of high-density to single family housing when making decisions regarding development within the City. Ms. Winterholler also suggested to the Council that they consider dividing Ammon into districts so that all the residents are equally represented on the Council. Laurie Ward, 3055 Wimbledon Circle, Ammon, Idaho, who assisted in circulating the petition, testified that people are very concerned about the way Ammon is growing. ACTION ITEMS: Woodland Hills Division #2 Final Plat and Development Agreement: Alan Cunningham of Mountain River Engineering presented the plat to the Council. The Plat was presented at the May 15,2003, City Council Meeting, and was tabled until the Development Agreement was completed. The Development Agreement has been completed, reviewed by City Attorney Scott Hall, and is now before the Council. The Council discussed whether Council Minutes 06/05/2003 - 1 there are in additional requirements for this division that are not included in the Annexation Agreement. Councilmember Bean motioned to approve the Final Plat for Woodland Hills Division #2 and corresponding Development Agreement. Councilmember Folsom seconded the motion. Roll Call Vote: Bean- Yes; Folsom - Yes; Waite - Yes; Anderson- Yes. The motion carried. Special Use Permit - White Pines Charter School in R-l Zone: Anita Ogden, 1799 E 8I'tN., Idaho Falls, Idaho, presented the application for Special Use Permit for placement of White Pines Charter School in an R-l Zone. A Public Hearing was held at the Planning and Zoning Commission Meeting on May 6,2003. Planning and Zoning recommended the City Council approve the Permit. The City Council accepted additional comments regarding the proposed Special Use Permit at it's May 15,2003, meeting. The permit application was tabled at that time to allow further discussion and deliberation. The permit application was discussed with White Pines Charter School representatives and Robert Suiter at a City Council Work Session held on May 27,2003. The City Council reviewed discussion from the May 27,2003, work session and, those requirements that are to be included in the Development Agreement Councilmember Folsom motioned to approve the Special Use Permit for the White Pines Charter School to be located at: Part of Section 22, Township 2 North Range 38 East B.M., Bonneville County, Idaho described as: Beginning at a point that is S 00006'36" E 1320.15 feet along the north-south centerline of Section 22 from the North X corner of said Section 22 and running thence S 89029'43" E 34.72 feet to a point on the west line of the Tiebreaker Village Div. No.8; thence S 00011 '30" E 465.90 feet along said west line to a point on the west line of Tiebreaker Village Div. NO.1 0; thence S 33046'09" W 453.86 feet along said west line to the south line of John Adams Parkway; thence N 58059'19" W 120.14 feet along said south line of John Adams Parkway extended; thence N 33046'09" E 180.21 feet; thence N 00011 '30" W 234.5 feet; thence N 58059'19" W 159.26 feet; thence N 00006'36" W 318.38 feet; thence S 89029'43" E 356.70 feet to the point of beginning. Parcel contains 5.22 acres. Generally located North of the proposed John Adams Parkway and West of Tiebreaker divisions #8 and #10, Ammon, Idaho. The Special Use Permit is contingent upon the Development Agreement including the requirement that the White Pines Charter School will: institute busing when enrollment reaches 275 students; develop both sides of John Adams Parkway along the entire frontage; extend the main sewer line along the length of the frontage. Robert Suiter, the Seller of the property where the White Pines Charter School is to be constructed, will sign the Development Agreement as a Co-signer, agreeing that the remaining R-l property will not be developed until such time as development to the West of the property is complete, and Mr. Suiter will complete both sides of John Adams Parkway at that time. Councilmember Waite seconded the motion. Roll Call Vote: Folsom - Yes; Waite - Yes; Bean - Yes; Anderson - No (due to the expected increase of traffic generated by the school through a residential neighborhood.). The motion carried. Special Use Permit - White Pines Charter School Modular Buildings: Anita Ogden, 1799 E 8l't N., Idaho Falls, Idaho, described the proposed modular buildings to be installed on the property and used until the construction of the permanent facility is completed. The first year there will be two four-classroom buildings, an office and, a two- classroom building. The second year, an additional two-classroom building will be installed to accommodate an additional grade level. The third year, a fmal four-classroom building will be installed. It is planned to have the permanent structure completed and the modular buildings removed by the beginning of the fourth year the school is in operation. The Council discussed mechanisms to ensure that the Modular Buildings are removed as planned. Councilmember Folsom motioned to approve the Special Use Permit for the White Pines Charter School for the placement of Modular Buildings for their facility to operate while their permanent building is being constructed. The Modular Buildings are to be removed no later than the 1st Day of September, 2006. White Pines Charter School Administration is to report to the Ammon City Council annually on enrollment and progress in completion of the permanent structure. Councilmember Waite seconded the motion. Roll Call Vote: Folsom - Yes: Waite - Yes; Bean - Yes; Anderson - Yes. The motion carried. Council Minutes 06/05/2003 - 2 White Pines Charter School Preliminary and Final Plat and Development Agreement: JeffFreiburg, 985 N. Capitol, Idaho Falls, Idaho, of Harper-Leavitt Engineering presented the Preliminary and Final Plat for the White Pines Charter School. Councilmember Folsom motioned to approve the Preliminary Plat for the White Pines Charter School. Councilmember Waite seconded the motion. Roll Call Vote: Folsom - Yes; Waite - Yes; Bean- Yes; Anderson- No (Does not feel there is sufficient street access). The motion carried. White Pines Charter School Site Plan: Roxane Mitro, Alderson Karst & Mitro Architects, 379 A Street, Idaho Falls, Idaho, presented the proposed Site Plan for the White Pines Charter School. Councilmember Bean inquired about fencing. Anita Ogden stated that the School Administration would be selecting three types of fence that would be affordable to the school and safe for the children and, present it to the Tiebreaker homeowners to choose the fencing. There is a need for fencing along the east property boundary as there is a ditch along that edge of the property, as well as the need for sight obstruction for the residential neighbors of the school. Councilmember Folsom motioned to approve the Site Plan for the White Pines Charter School, with the requirement that adequate site obscured fencing be included along the East boundary of the property . Councilmember Waite seconded the motion. Roll Call Vote: Folsom - Yes; Waite - Yes; Bean- Yes; Anderson- Yes. The motion carried. Trailwood Village #3 Preliminary and Final Plat and Development Agreement: Casey Dennert, 3025 Devonwood, Ammon, Idaho, of Benton Engineering presented the Preliminary and Final Plat for two cul-de-sacs described as Trailwood Village Division #3. City Attorney Scott Hall inquired about why two noncontiguous properties are being included in the same division. Discussion regarding two noncontiguous properties being included in the same division. Councilmember Waite motioned to approve the Preliminary and Final Plat of the Cul-de-sac on the West side of Curlew as Trailwood Village #3 (Glen Cove Court); and the Preliminary and Final Plat of the Cul-de-sac on the East side of Curlew as Trailwood Village #4 (Abigail Court). Councilmember Folsom seconded the motion. Roll Call Vote: Waite - Yes; Folsom - Yes; Bean- Yes; Anderson - Yes. The motion carried. Trailwood Village #4 Preliminary and Final Plat and Development Agreement: Casey Dennert, 3025 Devonwood, Ammon, Idaho, of Benton Engineering presented the Preliminary and Final Plat. The Council discussed the issue of allowing apartments to be developed in a commercial zone. Councilmember Anderson stated the Ordinance contradicts itself in regard to allowing apartments in a commercial zone. To allow apartments to be developed within a commercial zone would set a precedent that may not be beneficial to the overall development of the City. Dick Groberg, 620 Castlerock Lane, Idaho Falls, Idaho, stated their intent to drop down to four-plexes in the remainder of this division and, then to townhomes and single-family houses as they develop to the north. Councilmember Bean proposed a compromise whereby the plat is approved if the developer rezone their remaining unplatted property north of the division to R-I or RI-A before further development occurs in the property currently zoned commercial. Planning and Zoning Chainnan Tom Hunsaker referred the Council to the various restrictions in the commercial zones. The four most widely used commercial zones allow some residential. Councilmember Anderson motioned to deny the Trailwood Village Division #5 Preliminary and Final Plat No second. Motion Died. Councilmember Bean motioned to approve the Preliminary and Final Plat as Trailwood Village #5. Recognizing that it is in a CC-I zone with the stipulation that the City Council and Planning and Zoning will not entertain any additional requests for residential units in a CC-I zone until the situation relative to the zoning is resolved. With the further stipulation that included in the Development Agreement for this Division that any of the undeveloped property north of this Division come back to the City with a request to rezone to R-I or RI-A to include everything up to John Adams Parkway including the four lots backing up to Matchpoint and fronting John Adams Parkway. There was discussion clarifying the motion and the options it provides to the developer. Councilmember Folsom seconded the motion. Roll Call Vote: Bean - Yes; Folsom - Yes; Waite - Yes; Anderson - No (would prefer the re-zone be required to be R-l on stricter). Councilmember Waite motioned to amend the previous motions regarding Trailwood Village to retain Division #4 as the name of the South Division Plat; and to name the East Cul-de-sac ofthe North Divisions Platted "Division #5." Councilmember Folsom seconded the motion. Roll Call Vote: Waite - Yes; Folsom - Yes; Bean- Yes; Anderson - Yes. The motion carried. Council Minutes 06/05/2003 - 3 Sewer Line and Lift Station Engineering Contract: Councilmember Bean reported on the Selection Committee recommendation that Forsgren and Associates be selected as first, and Schiess and Associates be selected as second. Councilmember Bean motioned to authorize City Staff to negotiate with Forsgren and Associates for engineering services for the sewer line and lift station. Councilmember Waite seconded the motion. Roll Call Vote: Bean- Yes; Waite- Yes; Folsom- Yes; Anderson- Yes. SITE PLAN REVIEWS: Eastridge Apartments: City Administrator Bruce Rose informed the Council that the Developer has submitted a revised site plan for approval. Planning and Zoning reviewed the revised site plan at their June 3, 2003, meeting, voting to recommend approval. The Council asked Planning and Zoning Chairman Tom Hunsaker if all site requirements have been met by the revised site plan. Chairman Hunsaker reported that the plan is in compliance. Councilmember Folsom motioned to approve the revised Site Plan for the Eastridge Apartments. Councilmember Waite seconded the motion. Roll Call Vote: Folsom - Yes; Waite - Yes; Bean - Yes; Anderson- Yes. The motion carried. Councilmember Anderson broached the subject of issuing a moratorium on development of high-density housing until such time as the Comprehensive Plan can be reviewed. Councilmember Anderson motioned to enact a moratorium on any rezoning and site plans for high-density housing, all residential R-2 and denser, for 120 days or until such time as the Comprehensive Plan has been reviewed and clarifications made through ordinance, due to undue concentration of population and overcrowding of land. Councilmember Waite seconded the motion. Roll Call Vote: Anderson - Yes; Waite - Yes; Bean - No (Not convinced of the innninent peril of overcrowding); Folsom - No (Calculations she has made do not indicate the percentages of high-density housing claimed; and it is major step effecting others property rights); Mayor Ard- Yes. The motion carried. City Attorney Scott Hall will draft the written statement of Moratorium. Linford Apartments: City Administrator Bruce Rose introduced the site plan. It was recommend for approval contingent on the approval of the preliminary and final plat, by the Planning and Zoning Commission at their June 3, 2003, meeting. There are four (4) four-plexes for a total of sixteen units in the proposed plan. Planning and Zoning Chairman Tom Hunsaker reported that there had been a thorough review of the site plan and discussion regarding parking before it was recommended for approval. The site plan meets the set backs, parking and green area requirements. Councilmember Waite motioned to approve the Linford Apartments Site Plan as presented. Councilmember Bean seconded the motion. Roll Call Vote: Waite - Yes; Bean - Yes; Folsom - Yes; Anderson- Yes. The motion carried. DISCUSSION ITEMS: Mayor Ard requested that City Staff prepare and present a report on the housing density ratio to the Mayor and City Council twice annually. Regional Water Planning Study: Paul Scorsby and Dave Schiess of Schiess and Associates, along with Scott Bruce from Falls Water Company, Willy Teuscher from the Department of Environmental Quality and, Ted Hendricks of E.C.I.P.D.A. attended the Council meeting to introduce the idea of a cooperative water planning study. Schiess and Associates was engaged by Falls Water Company to study their system. Falls Water provides service to a number of customers in Ammon, and is almost wholly contained in the City of Ammon's impact area. They propose that the City Council consider a joint water planning study with Falls Water and possibly the City of lona. The Department of Environmental Quality is in support ofthe planning study, as is City Engineer Bill Manwill. The City Council asked questions regarding the proposal and discussed more specific details of the proposal including whether DEQ would expand the grant obtained by Falls Water to include the City of Ammon's portion of the study, and the approximate cost to the City for participation in the study. Ted Hendricks of E.C.I.P.DA indicated that the study is on the priority list for this fiscal year funding for up to $150,000. The cost to the City of Ammon would correlate with the scope of work defined by the City. The Council discussed the proposal and possible inclusion of information from a recent water facility study done by the City of Ammon. Scott Bruce from Falls Water explained to the Council the benefits ofthe planned Council Minutes 06/05/2003 - 4 program. Councilmember Bean recommended that City Engineer Bill Manwill work with the group to develop a scope of work and possible cost of the study. Regional Sewer Feasibility Study: Mayor Ard introduced the regional sewer feasibility study that has been underway for the last couple of years with Bonneville and Bingham Counties, City of Shelley, City of Ammon and the lona Bonneville Sewer District. Ted Hendricks ofE.C.I.P.D.A. explained that study is about 95% complete and entering the next phase, organization and implementation stage. In order for the effort to move ahead, a legal mechanism is needed to assure the five entities move ahead collectively. The group is working with Mike Moore, their attorney in Boise. Mr. Moore has indicated that the best and most effective means is through entering into a Joint Powers Agreement. A hand-out outline what the agreement would included was provided to the Council and has been presented to the Steering Committee Members. The cost of the scope of work and completion of the organizational phase was discussed. In August, the group will be applying to the Congressional Delegation for funding. There are other systems that are looking into joining in the Regional Sewer System in the future. The Council discussed the future potential of the study. Councilmember Folsom motioned to authorize funding to enter into a Joint Powers Agreement to move forward with the completion of the Regional Sewer Feasibility Study. Councilmember Bean seconded the motion. Roll Call Vote: Folsom - Yes; Bean- Yes; Waite - Yes; Anderson - Yes. The motion carried. Law Enforcement Contract: The Council discussed the approach to take in negotiating the law enforcement contract.. Councilmember Anderson will set up a meeting with Roger Christensen, Sheriff Stommel, Mayor Ard, and herself. The other councilmembers will be notified of the meeting time so they may attend. Planning and Zoning Actions: City Administrator Bruce Rose informed the Council about the Public Hearing for Request for Annexation and Initial Zoning ofR-2 for a portion of the Hammond property located East of Ammon Road, North of 17th Street and South of Briarcreek, that was held before the Planning and Zoning Commission on June 3rd. The request was denied. Required notices had not been received by several adjacent property owners. Planning and Zoning has recommended that if the request is brought before the City Council that the Council hold a second public hearing on the matter. At this time the request has been withdrawn. Mayor Ard requested that City Staff report on the density ratio based on the utility system every six months. The Council discussed what they would like to see reflected in the report. Siren: Councilmember Folsom asked if discontinuation of the siren is agreeable with the Council. Councilmember Anderson reported the Fire Department does not have immediate need of it. Scheduling of less frequent testing was discussed. Councilmember Anderson will address the issue with the Fire Chief. Councilmember Bean motioned to move to executive session to discuss a council matter. ~ .-~ . ('"~ C Diane B. Gempler, City CI Council Minutes 06/05/2003 - 5