Council Minutes 03/06/2003
CITY OF AMMON
March 6, 2003
Minutes of the Regular Meeting of the Mayor and City Council
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
Councilmember Karen Y. Anderson
Councilmember W. Lee Bean
Councilmember Leslie Folsom
Councilmember Randy G. Waite
Attorney Scott Hall
Engineer Bill Manwill
City Administrator Bruce Rose
City Clerk Aleen C. Jensen
Councilmember Bean led the Pledge of Allegiance to the Flag, and
Councilmember Waite offered a prayer.
Minutes: Council member Folsom made corrections to the minutes of City
Council Meeting held February 20, 2003. Line 1 on page 4 should be corrected
to read, "They have tried to make a project..." Line 5 in the last paragraph on
page 11 should be corrected to read, "will look at various things, but you have to
get on their list. They have never done a FEMA grant." Councilmember Folsom
moved to accept the minutes of City Council Meeting held February 20, 2003, as
corrected. Council member Anderson seconded the motion. Roll call vote:
Folsom - Yes; Anderson - Yes; Bean - Yes; Waite - Yes. The motion carried
unanimously.
W. Joe Anderson Recognition: W. Joe Anderson was appointed as the City
Attorney for the City of Ammon on October 16,1962. He served the City faithfully
until he passed away July 29, 2002. Mayor Ard recognized his service as legal
counsel to our growing city and presented Trixie Anderson, Joe's widow, with a
bouquet of roses and a personal remembrance plaque. Mayor Ard presented
another plaque, which will be mounted in the City Building. It reads "W. Joe
Anderson, City Attorney, given in memory of forty years of dedicated service,
guidance, and unconditional friendship - 1962-2002." Members of the firm of
Anderson, Nelson, Hall, Smith in attendance for the presentation were Douglas
Nelson, Brian Tucker, and Scott Hall.
Introduction of Diane Gempler: Mayor Ard introduced Diane Gempler as a new
employee in the City Office. She will begin work on Monday, March 10, 2003.
City Administrator Bruce Rose added, "Diane is already making notes."
City Council Meeting, March 6, 2003 - Page 2
Consent Agenda: The City Council reviewed the Consent Agenda attached to
these minutes as Exhibit A. Council member Anderson noted that she was
concerned about the nature of Mitchell Motor, a new business at 3318 East 17th
Street. They are selling parts, but she observed through the window that they
had two new four-wheelers in the store. The business license should clearly
state that the zoning does not allow the sale of four-wheelers or any other kind of
AT vehicles at that location. Public Works Director Wadsworth visited the
business, and it is a parts store. The four-wheelers were for display only and not
for sale. Councilmember Anderson moved to approve the Consent Agenda.
Councilmember Folsom seconded the motion. Roll call vote: Anderson - Yes;
Folsom - Yes; Bean - Yes; Waite - Yes. The motion carried unanimously.
Rockwell Homes Annexation: Action on Jay Johnson's request for annexation
with initial zoning of 261.91 acres was deferred until this meeting because it was
realized that fourteen property owners did not receive notice of the Planning and
Zoning Public Hearing held February 4, 2003. This meeting was not a public
hearing, but interested parties were given the opportunity to voice their opinion.
City Administrator Bruce Rose introduced a letter hand delivered to the City
Office on March 6, 2003 (this afternoon) from T. Jason Wood who represents
Elisabeth Cach, an adjoining landowner and resident of Bonneville County. The
letter is entered into the record as Mrs. Cach's objection to the annexation and
zoning request of Mr. Johnson.
Marvin L. Virgil, 4583 South Ammon Road, said the question he has is the same
question he had when Johnsons acquired the property. When they fenced it and
eliminated the irrigation ditches, what should he do for water to irrigate his
property? He understood when the property was purchased that it was r~quired
to be fenced. They fenced everything including Virgil's property. The fence line is
on Virgil's property and it eliminated the central water ditch. He has no way to
water a small horse pasture. Marvin came home about three years ago to find
the property fenced and the ditches gone. Jay Johnson responded that he had
not made any alterations to the property since he purchased the property less
than one year ago. A map was reviewed to show the location of the Virgil
property and how the property was fenced off. An Irrigation water right is a legal
issue and the City can not do anything about the ditch. Marvin Virgil objects to
development that affects irrigation rights.
Linda Wyatt, 5358 South 45th East, stated she is not within 500 feet of the
Johnson's property line, but basically nobody is because it is farmland. There
are a lot of people in her neighborhood who did not know about the request.
The neighborhood where she lives is a lot bigger than a neighborhood in town. It
is a rural neighborhood, and she understands the plans are to bring in a whole
bunch of residential. This is going to cost more taxes for schools and more taxes
City Council Meeting, March 6, 2003 - Page 3
for sewer and water. Recently she observed three accidents in a short period of
time on Township Road. What is going to happen when you move more houses
in? She felt uninformed. She wondered how the City is going to address all the
development. Who is going to pay for it? Is she going to pay for it in her property
taxes? Ammon is a little City that grew up. She moved out for seclusion and now
she has big business coming in. She has lots of questions, and the public has not
been informed.
City Administrator Bruce Rose gave background information on the request.
Originally, there was a public hearing before the Planning and Zoning
Commission on October 1, 2002. Prior to the hearing, it was advertised in the
Post Register and notices were mailed. The Planning and Zoning Commission
recommended approval and the request came before the City Council at a public
hearing on November 7, 2002. The City Council hearing was also advertised in
the Post Register and notices were mailed out. After considerable deliberation,
the request was tabled. The developer decided to bring the request back with
some changes. In compliance with the law, the City again advertised in the Post
Register and mailed notices for a public hearing before the Planning and Zoning
Commission on February 4, 2003. It did come to attention that fourteen people
did not receive proper notice of the hearing on February 4. Extra steps were
taken to assure that these fourteen people had the opportunity to respond. At
last City Council meeting, the Council decided to go another step. So property
owners within 500 feet were mailed notices to attend this meeting to add their
opinion. There have been three public hearings and public comment has any
been accepted at two additional City Council meetings.
The annexation should have little, if any affect on Bonneville County property
taxes. The City will need to address traffic issues, but that is part of the platting
process. The City's goal is to have new growth pay for itself. The School District
is responsible for the schools, and the developers have met with the School
District. Linda Wyatt added that it is very important to take into consideration the
change in lifestyle in the area. Township Road is a real problem. She would like
to be more informed. Notification of property owners within a mile radius would
be something to take into consideration.
Matthew Pincock, 4135 Ross Avenue, did not have a question with annexation of
the property. He is concerned about what is going to happen with Ross Avenue.
He is opposed to Ross Avenue becoming a straight street through to Township
Road. Street requirements and layout will be addressed in the development
agreement and during the platting process. Development procedures were
discussed. Matt was also concerned about the cul-de-sac by his house at the
present south end of Ross Avenue.
City Council Meeting, March 6, 2003 - Page 4
Shelmar Lane is a dedicated right-of-way half way up and Johnsons own the
other half. It is sixty (60) feet wide. It will be utilized as an access into the
property according to the platting and approval of the City.
There has been some concerns raised relative to annexing property that is in the
floodplain and the potential hazard it may pose to the City. It is permissible to
build homes in floodplain, but it is more costly. Johnsons do not think it is
feasible to build homes in the floodplain because of floodplain insurance
requirements and City building restrictions. At this point, they do not plan to do
any building on the floodplain ground. Johnsons are working with Mountain River
Engineering, Bonneville County, and FEMA to move the flow and get some of the
property out of the floodplain. Some of the land on the corner of Township Road
and Ammon Road will never come out of the floodplain. That land will need to be
a park or a holding pond for water. Johnsons plan to work with the City in the
development agreement. They are willing to consider a retention pond and a
park in the southwest corner of the property and some other things.
The other things to be considered would be a well site dedicated and put in
somewhere near Township Road where the City Engineer would recommend.
The water will be coming off Ross Avenue for a short period of time, but as the
growth comes in, the developer would run a 10" waterline from the well to
connect. Also, a 10" waterline can be run on Shelmar Lane to Ammon Road,
which would make it perfect for looping headed west. They also plan for going
east across the railroad tracks and a 10" waterline back down to Sunnyside
Road. Councilmember Bean asked for a restatement of the waterline plans.
Currently the water will feed off of the City line down Ross Avenue with a 10"
waterline going straight to Township Road. When the well goes in, a 10'
waterline will be run from the well to the Ross Avenue waterline at the
developers' expense. Also the developer will take a 10' waterline from Ross
Avenue along Shelmar Lane west to Ammon Road. At Shelmar Lane and Ross
Avenue the developer will take a 10' waterline east across the railroad tracks for
future development. The waterlines will be installed as development occurs.
The developer will probably designate the strip three hundred (300) feet wide
along Ammon Road south and west of the LOS Church (about ten acres) for a
retention pond/park. Council member Bean asked for an agreement that, when a
certain number of homes are developed, the park should go in. The developer
wants to put something into the City, but they do not w~nt to do it all.
Council member Anderson asked for a review of the sewer plans. Jay Johnson
said the intent is, knowing that the sewer line is going down through the County
to Shelley, that the sewer line only ought to be so deep. They have asked the
Engineer how to service the area with the sewer so everything north of Township
Road does not flow back to Ross Avenue forever. Everything from Ross Avenue
east will be designed to flow down behind the LOS Church. A lift-station would be
City Council Meeting, March 6, 2003 - Page 5
put in for the present time and a pressure line would go east a little and then
north to the current Ross Avenue lift-station. As the new sewer system comes
on grade, the lift-station would be taken off line and a new line added to connect
to the new system on Ammon Road. The developer will put in the sewer lines on
his property and the lift-station. Plans are to upgrade sewer lines in anticipation
of the flows in the area. The plans are subject to review and working with
Engineer Bill Manwill.
There was a discussion about the roads. The annexation includes all of
Township Road that is within the City boundaries. The annexation does not
include any of Ammon Road. Chip/seal will help Township Road. Major
improvement depends on future development of the whole surrounding area.
The need to improve the road will be there before there is money to improve it.
Eventually Township Road will have to completely be rebuilt. Bonneville County
is willing to partner with the City of Ammon on road repair and improvement. The
County and City of Ammon handle snow removal on a trade-off agreement.
City Administrator Bruce Rose reported for the Staff on the request of Jay
Johnson, Rockwell Homes. All of the discussions have been good because we
needed them now or later. However, we have combined two processes. We
have combined the annexation and initial zoning process with the platting
process. The specific recommendation presented to the Planning and Zoning
Commission was for annexation and initial zoning. They voted on that and
recommended approval. The specific recommendation before the City Council to
be considered at this meeting is annexation with initial zoning. The real control
will come with the platting process and the development agreement.
Engineer Manwill added that approval for annexation should be conditioned with
a development agreement. Attorney Hall recommended an Annexation
Agreement to include the conditions, which the City Council discussed.
Jay Johnson said the church needs to be zoned RPA. The ordinances permit a
church to automatically be built in an RPA Zone. The ordinances do not permit a
church in an RP Zone without extra approval. If they do the park for the City on
the west part, Jay proposed that all the south area be zoned RPA-RPA for the
church ground, RPA around the park, RPA on the east except for the one section
planned for R-1A. The property on the north would be zoned as originally
planned. The only section to be changed would be the section requested for RP.
Chairman Tom Hunsaker reported the Planning and Zoning Commission first
considered that the area be zoned RPA but changed to RP because it would be
more compatible with the new RE Zone. At that time the lots were to be one-
acre minimum with an animal overlay. Johnsons no longer want one-acre
minimum lots with provisions for animals. Everyone should understand that the
lots would no longer be the big lots that were originally anticipated.
City Council Meeting, March 6, 2003 - Page 6
There was a discussion on the zoning and changing it from the Planning and
Zoning Commission's recommendation. Jay Johnson said he would be
agreeable with the RP Zone, but he wanted it understood that, because they
have placed the park in the southwest section, they are not asking for an animal
overlay and the lots would be from one-half to one acre in size. The developer
agreed to pay for any oversize to 10" waterlines within the subdivision without
City participation. The developer may need to work with the City on the sewer
lines if the engineer recommends any oversize to them. City Administrator Bruce
Rose reported that Staff concurs with the Planning and Zoning Commission's
recommendation for annexation and initial zoning with the understanding that the
City Council has concerns in terms of the Annexation and Development
Agreement.
Councilmember Folsom moved to approve the Rockwell Homes annexation of
the 261.91 acres with the following stipulations: (1) Initial zone for Section A to be
R-1, Section B to be R-1A, Section C to be RPA, Section D to be RP without the
one-acre minimum lot size and the animal overlay, Section E to be RPA, and
Section F to be R-1A as stated with an acceptable Annexation Agreement
subject to review by Engineer Manwill, Attorney Hall, and Staff; (2) the developer
would provide an approximate ten-acre storm pond on the southwest corner
which would include sprinkling and seeding or sod when an acceptable number
of homes, upon agreement, have been built; (3) the developer would provide a
future well site to be determined per the City Engineer just off Ammon Road at
the corner of Ammon Road and Township Road; (4) the developer would
construct an acceptable fence on the west side of the pond along the canal; (5)
as the areas are developed and the well is on line, the following waterlines will be
constructed at the developers' expense: a 10" waterline from the well to connect
with Ross Avenue, a 10" waterline to Ammon Road off Shelmar Lane, and a third
10" waterline as determined to be needed; (6) the developer would install a lift-
station for the sewer with an acceptable line to Ammon Road to accommodate
future expansion; and (7) if an oversize sewer line above the minimum 8" size is
determined to be needed, the City will participate in the cost of the oversize. The
motion was seconded by Council member Anderson. Roll call vote: Folsom -
Yes; Anderson - Yes; Bean - Yes; Waite - Yes. The motion carried
unanimously.
Alan Cunningham of Mountain River Engineering was asked to prepare the
Annexation Agreement and to work with Attorney Scott Hall and Staff. Attorney
Hall advised when the Development Agreements are done they can incorporate
by reference the Annexation Agreement.
Quail Ridge Well Agreement: George McDaniel and Councilmember Bean had
a talk together. George is having problems with the property owners in the Bit 0'
Heaven addition. Now they are saying they do not want the fire station on the
City Council Meeting, March 6, 2003 - Page 7
well lot. He suggested that George might propose a secondary site for a fire
station. The City Council discussed the issue. The well lot is a good site for the
fire station but, if the property owners are going to object, there are other options
to consider. Another site can be selected or we can choose an alternate site and
try to reason with the property owners later. The City is not ready to build the fire
station, but we need to have a site designated. George suggested a site in an
unplatted area. The discussion continued on how to describe the site. It was
determined it would need to be an acre in size. Scott Hall advised that the site
needs to be defined by frontage and depth. A concern is width adequate to get
the trucks off the road. It was agreed the site should be two hundred (200) feet
wide by two hundred (200) feet deep. The site is on 21st East next to the
Gardner Canal. George will need to survey the property, provide title insurance,
and execute a warranty deed.
Attorney Hall asked where we are in regard to acceptance of the well by the City.
The well is running. Since the discussion at this meeting, it is necessary to make
some changes to the Memorandum of Understanding and Settlement Agreement
relating to the development of the well, the well site, water pressure tank site and
waterline distribution system between Hillpoint Properties L.L.C. and City of
Ammon.
Councilmember Anderson moved to table the Quail Ridge Memorandum of
Understanding and Settlement Agreement until the next City Council meeting.
Council member Folsom seconded the motion. Roll call vote: Anderson - Yes;
Folsom - Yes; Bean - Yes; Waite - Yes. The motion carried unanimously.
Planning and Zoning Recommendation regarding John Adams Parkway
development: This was added to the agenda in anticipation that there may be
something coming from the Planning and Zoning Commission's meeting held
Tuesday, March 4. It was discussed at length, but no specific recommendations
came to the City Council.
Chairman Tom Hunsaker explained that the Planning and Zoning Commission is
trying to decide what to do with getting the proposed John Adams Parkway
punched through and the street, which almost aligns with Curlew Drive, north to
First Street punched through. Timings and how to help the process along were
discussed. More brainstorming is needed on encouraging development where it
needs to go. Now that Wal-Mart is there on the westside it may encourage more
businesses that may help development of John Adams Parkway.
Council member Anderson stated that several residents of TieBreaker Village
have approached Planning and Zoning to consider the impact on the TieBreaker
neighborhood about development that would occur along John Adams before
John Adams goes through. Our ordinance states that R-2A and R-3A zoning can
City Council Meeting, March 6, 2003 - Page 8
only be on a major street. There are properties zoned R-2A and R-3A on a
segment of John Adams and it does not qualify as a major street. The residents
of TieBreaker are concerned, if building permits are signed now, that it could be
indefinitely before John Adams goes through to become a major street.
The Planning and Zoning Commission debate was relative to what can be done
to discourage development without provisions to open the street. It is
questionable if we can say no to a building permit when the property is already
zoned and platted. Engineer Manwill added that the Planning and Zoning
Commission started to recognize that the City is going to have to push
development in that direction if John Adams is going to develop. We have to
deal with the fact let's complete John Adams or let the development happen
naturally. It is hard to force development into a certain area. In the meantime,
there is going to be some inconvenience.
Council member Anderson contended that it is justifiable to take the position that
right now apartments can not be built on John Adams Parkway with their only
access on TieBreaker Drive. Apartments have to be built with an access on a
major street. The Planning and Zoning Commission should not allow TieBreaker
Drive as an access to high density. This promoted considerable City Council
discussion regarding planning for development and development of a street
system to service the square mile north of 1 th Street.
Patrick Duffin, 3095 Wimbledon Circle, stated that he represented a significant
voice in the TieBreaker neighborhood and a consistent theme that we need to
get the rest of the streets developed to service the area. TieBreaker Drive is
getting traffic from outside the neighborhood that is coming from new
development. There needs to be better planning whether it is Curlew Drive or
John Adams Parkway going all the way through. Some of the members of the
Planning and Zoning Commission do not take the citizens seriously. The voice of
each citizen needs to be heard. He does not believe development should stop
but it needs to proceed in a fashion that weighs the rights of the people who
already live there and the rights of the business owners.
Mayor Ard responded. The City has frustrations too. The City has a new well
between 17th Street and TieBreaker. We cannot use the well to capacity
because the area has not developed as quickly as we thought.
Patrick Duffin continued that TieBreaker Drive has become a freeway. He is
afraid for his children. He thinks there are things that both the Planning and
Zoning Commission and the City Council can do to alleviate the situation. He
would like to see both sides represented well. Engineer Manwill has agreed to
City Council Meeting, March 6, 2003 - Page 9
make some traffic studies on TieBreaker Drive. It was recommended that Sgt.
Black arrange for more traffic patrol of the area.
Councilmember Bean stated we are aware of the problem and the need to do
something. He recommended that we continue as we have been to consider
building permit applications for that area when they are received.
Council member Anderson did not agree. When the property was zoned, it was
based on the fact that John Adams Parkway would be a major street. If the City
issues one building permit for an apartment complex, it is going to be impossible
to stop the next one. Right now it is easy to differentiate between commercial
and high density. Councilmember Bean was not convinced that the City has the
right to tell a property owner that he can not develop on his property when it is
zoned and he is meeting the proper legal restrictions. Council member Anderson
thinks the developers are on one side and the residents are on the other.
Attorney Scott Hall stated if property is zoned and platted for subdivision
development, he did not believe the City could deny a building permit. If the
property is not yet platted that may be a different story. It seems you are saying
the rather than allow any additional platting we are going to have to make sure
we have the right kinds of roads going through. The discussion continued.
Councilmember Anderson said, if we get two members from Planning and
Zoning, two people from Staff, and two people from Tie Breaker together for a
meeting, they could come up with a plan that would make everybody happy. The
big problem is to get a developer to put John Adams Parkway through. It is
going to take a good sized commercial development to make it happen. Traffic is
the major concern.
Planning and Zoning Chairman Tom Hunsaker said we need to designate where
the roads are tentatively going to be. In regard to the talk about whether or not
we do freeze building permits in high density, he read from the ordinance about
R-2A. "In general this zone (R-2, R-2A, R-3, R-3A) is situated in the central part
of the city where the need for rental units is greatest and along the major streets
along borders of neighborhoods." We have zoned the property, but can we let a
developer build before the road is put through?
The Planning and Zoning Commission has scheduled the John Adams Parkway
development for further discussion on their meeting agenda for April 1, 2003.
Councilmember Anderson encouraged including representatives from
TieBreaker.
Planning and Zoning Commission Actions: City Administrator Bruce Rose
reported on actions taken at their meeting on March 4, 2003. Two public
hearings were held. The first public hearing was advertised as the Johnsonl
City Council Meeting, March 6, 2003 - Page 10
Robison annexation with initial zoning for a piece of property east of the railroad
tracks and between Centennial Ranch No. 12 and First Street. It was advertised
properly and the Planning and Zoning Commission unanimously recommended
approval. There was only one person who provided any public input.
Councilmember Bean asked that the annexation be added to the work session
agenda to discuss the infrastructure. It will be on the work session for March 13
because Falls Water has asked to be at the work session to discuss water
issues. Falls Water is having a water study done and they are wondering if it
should be expanded into a regional water study.
Councilmember Anderson moved to waive the second public hearing on the
Johnson/Robison annexation with initial zoning and to schedule action on the
request as an item on the agenda for the next City Council meeting.
Council member Folsom seconded the motion. Roll call vote: Anderson - Yes;
Folsom - Yes; Bean - Yes; Waite - Yes. The motion carried unanimously.
The second public hearing was a request by Kent Wood for rezone in the Hiller
Addition from C-1 to PB, which is a more restrictive zone. It was advertised
properly and notices were sent to property owners within 500 feet. One
individual testified in support of the rezone. The Planning and Zoning
Commission unanimously recommended approval. Council member Folsom
moved to waive the second public hearing on the Kent Wood Rezone request
and to schedule action on the request as an item on the agenda for the next City
Council meeting. Councilmember Waite seconded the motion. Roll call vote:
Folsom - Yes; Waite - Yes; Bean Yes; Anderson - Yes. The motion carried
unanimously.
Planning and Zoning Commission Chairman Tom Hunsaker reported on the
Johnson/Robison annexation request that on the northeast parcel to be zoned R-
2 the approval was conditioned on the four-plexes not exceeding four units per
acre, low density maximum, to conform with the Comprehensive Plan.
Regarding the RE Zone, Residential Estates, Tom discussed the proposal with
Kim Hall. Kime basically agreed with it except he had three concerns. One
concern was the number of animals, but after the discussion he agreed it
specified about the right limit. The second concern was about the sideyard
requirement of 20 feet and the backyard requirement of 25 feet. He thought we
should be more lenient to provide for existing buildings. The Commission was in
favor to keep the requirements for new properties but to grandfather any existing
buildings. The third concern was a 200/250 deep front yard, He thought this was
too much lawn. He recommended 50 feet of lawn in front of the house and the
rest could be used for pasture. The Commission agreed if there was, at least, 50
feet of landscaped lawn in front of the house, the rest could be pasture provided
the weed ordinance was enforced. The City Council can decide. Regarding the
City Council Meeting, March 6, 2003 - Page 11
height requirement, Fire Chief Clarence Nelson recommended if the building
goes above a certain height, the City should require a sprinkler system. A
maximum height figure is to be established in cooperation with the Fire Chief.
Larry Schuldt submitted a statement dated April 1, 1998, for monies due him for
plan checking and building inspections while he was contracted with the City of
Ammon. The statement is exactly like the information we had. Our instruction to
him was to pull the documentation and to provide the City with the
documentation. He has not done as instructed. No action is required until we
have documentation.
Councilmember Bean moved to adjourn the meeting, and Councilmember Waite
seconded the motion. The meeting was adjourned at 10:25 P.M.
Mayor
Attest
City Clerk