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Council Minutes 06/21/2006 CITY OF AMMON CITY COUNCIL MINUTES WEDNESDAY, JUNE 21, 2006 The meeting was caIled to order by Mayor Ard at 7:30 p.m. in the City Building, 2135 South Ammon Road, Ammon, Idaho, with the foIlowing City Officials present: Mayor C. Bruce Ard Councilmember Lee Bean Councilmember Rex Thompson Councilmember Dana Kirkham City Attorney Scott HaIl City Administrator Bruce Rose City Engineer Bill Manwill City Clerk/Treasurer Diane Gempler City Planning Director Ron Folsom City Officials Absent: Councilmember Randy Waite Councilmember Kirkham led the Pledl!e of Allel!iance to the Flal! and, Councilmember Bean offered a prayer. Minutes June 1, 2006: Councilmember Bean motioned to approve the June 1, 2006, minutes with corrections. Councilmember Kirkham seconded. RoIl caIl vote: Councilmember Bean - Yes, Councilmember Kirkham - Yes, Councilmember Thompson - Yes. The motion carried. Items From the Mavor: Appointment of Fire Chief: The Council questioned whether the position should be appointed or at will. The item was tabled until research is completed. Recol!nition of Rick Williams - 20 Years of Service: Mayor Ard presented a gift card to Sportsman's Warehouse to Rick Williams, Public Works in recognition of20 years of service to the City of Ammon. Mayor Ard presented a billing from the Eastern Idaho Regional Wastewater Authority for $500,000. Husk Crowther of Forsgren and Associates, reported on several events that are occurring which will have a positive financial impact on the project and, provided an update on current activities. Consent Al!enda: Councilmember Bean motioned to approve the Consent Agenda as presented. Councilmember Waite seconded. RoIl caIl vote: Councilmember Bean - Yes, Councilmember Thompson - Yes, Councilmember Kirkham - Yes. The motion carried. PUBLIC HEARINGS: None PUBLIC COMMENT - ITEMS NOT ON AGENDA: Ray Ellis, 2940 Sawtooth, addressed the Council requesting that city licensing of contractors not be required. The Council informed Mr. Ellis that City licensing of contractors is not under consideration. City Administrator Bruce Rose reported that George Klomp recommended that the Building Official investigate the possibility. Barbara Nelson, wife of former Fire Chief Clarence Nelson, read a letter to the Council expressing her disappointment that her husband was not hired for the newly created fuIl time position. ACTION ITEMS: Cottal!es Update/Deadline Reviews: George McDaniels of Foothills Property reported on repairs completed to date. City Engineer Bill Manwill reported that he does not have any concern with the work completed to date. City Attorney Scott Hall reported that the Letter of Agreement has been reviewed with changes requested by Mr. McDaniels' attorney. Mr. Hall feels the agreement is in acceptable form. City Council Minutes 06/21/2006 -- I Brook Magleby, 5360 Lindee Lane, asked the Council to ensure that landscaping, etc., is put back where and how it should be. Attorney Hall informed Ms. Magleby that the letter of agreement requires completion of that work and, the work will not be approved until it is. Councilmember Kirkham motioned to approve the Letter of Agreement with Foothills Property contingent upon the bond being in place on June 22, 2006. Councilmember Thompson seconded. Roll call vote: Councilmember Kirkham - Yes, Councilmember Thompson - Yes, Councilmember Bean - Yes. The motion carried. Cortland Ridl!e Division #4 Final Plat and Development Al!reement: City Planning Director Ron Folsom presented slides ofthe proposed final plat and reported there are no changes from the preliminary plat as approved. Planning and Zoning voted unanimously to recommend approval. The Council discussed the proposed development agreement. Councilmember Bean motioned to approve the Cortland Ridge Division #4 Final Plat and Development Agreement as presented. Councilmember Kirkham seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Kirkham - Yes, Councilmember Thompson - Yes. The motion carried. Dentist Office - K-Mart Site - Preliminary Site Plan: City Planning Director Ron Folsom presented slides of the proposed preliminary site plan. Tom Hunsaker reported there were no concerns raised by Planning and Zoning. The site plan provides adequate parking for the planned professional office space. The Council discussed the preliminary site plan. Councilmember Kirkham motioned to approve the preliminary site plan as presented. Councilmember Bean seconded. Roll call vote: Councilmember Kirkham - Yes, Councilmember Bean - Yes, Councilmember Thompson - Yes. The motion carried. Cottonwood Hills Division #3 Final Plat and Development Al!reement: City Planning Director Ron Folsom presented slides of the proposed fmal plat. . Tom Hunsaker reported that Planning and Zoning recommends denial ofthe final plat as there is not a street stubbed to the north as previously requested at the time the preliminary plat was reviewed... Planning Director Folsom reported that an e-mail had been received from an adjacent property owner who is concerned about drainage becoming an issue. The City Engineer's opinion is that the development will likely alleviate drainage problems described in the e-mail. Dave Chamberlain, the developer addressed water drainage concern. Because of storm drainage and the use of irrigation water for landscaping, he feels the development will decrease the amount of water draining onto adjacent properties. (see Ron's notes) Councilmember Bean motioned to approve the Cottonwood Hills Division #3 Final Plat and Development Agreement with the removal of Special Condition 3. Councilmember Kirkham seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Kirkham - Yes, Councilmember Thompson - Yes. The motion carried. Burr Subdivision #1 PreliminarvlFinal Plat and Development Al!reement: City Planning Director Ron Folsom presented slides of the location and vicinity. Special conditions from the Ratliff Annexation Agreement and associated with the property were included in the Development Agreement. The Council discussed the proposed Preliminary Final/Plat and Development Agreement. Councilmember Bean motioned to approve the Burr Division #1 PreliminarylFinal Plat and Development Agreement with the requirement that Street Improvements along Ammon Road from Walgreen's property and the completion of Briarcreek to the west. Councilmember Thompson seconded. Roll call vote: Councilmember Bean- Yes, Councilmember Thompson - Yes, Councilmember Kirkham - Yes. The motion carried. BOARD OF ADJUSTMENT ITEMS: 5020 Brennan Bend Variance Reauest - Reduction of Set Back: A Public Hearing was held before the Planning and Zoning Commission at their June 7, 2006, meeting. Notice of the Hearing was published in the Post Register on May 18 and May 25, 2006, and mailed to the owners of all properties within 500' of the property for which the request is under consideration. City Planning Director Ron Folsom reported that the applicant is requesting a variance regarding set back requirements for secondary buildings. The applicant began construction on the shed and it was noticed by a Building Inspector. Due to the size of the structure the applicant was required to apply for a building permit. The set-back requirements for accessory buildings were not in compliance with the zoning ordinance. City Council Minutes 06/21/2006 -- 2 l Tom Hunsaker reported that the Planning and Zoning Commission recommend denial as the request does not meet the requirements to allow a variance. Jason Lance, 5020 Brennan Bend explained his request to the Council. The Council discussed the requested variance. Councilmember Bean motioned to deny requested variance. Councilmember Thompson seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Thompson - Yes, Councilmember Kirkham - Yes. The motion carried. Conditional Use Permit - LDS Church in Bridl!ewater: A Public Hearing was held before the Planning and Zoning Commission at their June 7, 2006, meeting. Notice of the Hearing was published in the Post Register on May 18 and May 25, 2006, and mailed to the owners of all properties within 500' of the property for which the request is under consideration. City Planning Director Ron Folsom presented slides of the proposed site plan, location and vicinity. Planning and Zoning recommend approval ofthe request as presented. Councilmember Bean motioned to approve the Conditional Use Permit for a church to be located in the Bridgewater Addition. Councilmember Thompson seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Thompson - Yes, Councilmember Kirkham - Yes. The motion carried. Conditional Use Permit - Lil!hthouse Montessori School: A Public Hearing was held before the Planning and Zoning Commission at their June 7, 2006, meeting. Notice of the Hearing was published in the Post Register on May 18 and May 25,2006, and mailed to the owners of all properties within 500' of the property for which the request is under consideration. City Planning Director Ron Folsom presented slides of the location and vicinity. The Montessori School would like to operate in conjunction with The Children's Center at the intersection of 1 i" Street and Curlew. The Children's Center's second building is nearly complete. The school would share facilities in both buildings with the Children's Center. There is access between the buildings through a fenced play area. Tom Hunsaker reported that Planning and Zoning recommend approval with conditions. The Commission recommends a three year review, that the permit is not transferable to another type of school and, that there be maximum 150 students allowed. The Council discussed the request. Councilmember Kirkham motioned to approve with the conditions specified by Planning and Zoning. Councilmember Thompson seconded. Roll call vote: Councilmember Kirkham - Yes, Councilmember Thompson - Yes, Councilmember Bean - Yes. The motion carried. Adiourn BOA LDS Church Site Plan - Bridl!ewater: City Planning Director Ron Folsom presented slides of the location and vicinity and proposed site plan. Planning and Zoning recommend approval as presented. Scott Neilson, of Neilson-Bodily, 990 John Adams Parkway, presented the request for the Church and answered the Council's questions. Mr. Neilson informed the Council that the City's parking requirements will be met, which is in excess of church standards. City Planning Director Ron Folsom presented slides of the site plan, location and vicinity. Councilmember Bean motioned to approve the Bridgewater LDS Church Preliminary Site Plan. Councilmember Kirkham seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Kirkham - Yes, Councilmember Thompson -Yes. The motion carried. Woodburv Annexation. Initial Zonine:. Annexation Al!reement and Ordinance #395: A Public Hearing was held before the Planning and Zoning Commission at their June 7, 2006, meeting. Notice of the Hearing was published in the Post Register on May 18 and May 25,2006, and mailed to the owners of all properties within 500' of the property for which the request is under consideration. City Planning Director Ron Folsom presented slides of the location and vicinity. Mr. Folsom reported that the Planning and Zoning recommend approval as presented. The draft Annexation Agreement includes pertinent requirements from the initial Woodbury annexations. The Council discussed the annexation and agreement. Councilmember Bean motioned to approve the annexation as presented. Councilmember Thompson seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Thompson - Yes, Councilmember Kirkham - Yes. The motion carried. Councilmember Bean motioned to approve the annexation agreement as presented. Councilmember Kirkham seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Kirkham - Yes, Councilmember Thompson - Yes. The motion carried. City Council Minutes 06/21/2006 -- 3 Council member Kirkham read Ordinance #395, 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. (Woodbury 6.9 acres) by title and motioned that City Council dispense with the rule requiring the reading of the ordinance on three different days and that the three readings be waived. Councilmember Thompson seconded. Roll call vote: Councilmember Kirkham - Yes, Councilmember Thompson - Yes, Councilmember Bean - Yes. The motion carried. Councilmember Kirkham read Ordinance #395, 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. (Woodbury 6.9) by title and motioned to adopt Ordinance #395 as an ordinance of the City of Ammon on its third and final reading. Councilmember Thompson seconded. Roll call vote: Councilmember Kirkham - Yes, Councilmember Thompson - Yes, Councilmember Bean - Yes. The motion carried. Trellis Square (Liberty Park Plaza) Request for Rezone I&M-l to CC-l: A Public Hearing was held before the Planning and Zoning Commission at their June 7, 2006, meeting. Notice of the Hearing was published in the Post Register on May 18 and May 25, 2006, and mailed to the owners of all properties within 500' of the property for which the request is under consideration. City Planning Director Ron Folsom presented slides of the location, vicinity and current zoning Planning and Zoning voted unanimously to recommend approval as presented... Councilmember Kirkham motioned to approve the Trellis Square rezone from I&M-I to CC-l. Councilmember Bean seconded. Roll call vote: Councilmember Kirkham - Yes, Councilmember Bean - Yes, Councilmember Thompson - Yes. The motion carried. Councilmember Bean read Ordinance #396, AN ORDINANCE TO AMEND THE ZONING CLASSIFICATION AND THE ZONING MAP FOR CERTAIN LANDS LOCATED WITHIN THE CITY OF AMMON; P ARTICULARL Y DESCRIBING SAID LANDS AND DECLARING THE CLASSIFICATION OF ZONING FOR EACH SUCH PARCEL OF LAND; PROVIDING FOR AN EFFECTIVE DATE. (Trellis Square/formerly Liberty Plaza) by title and motioned that the City Council dispense with the rule requiring the reading of the ordinance on three different days and that the three readings be waived. Councilmember Thompson seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Thompson - Yes, Councilmember Kirkham - Yes. The motion carried. Councilmember Bean read Ordinance #396, 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. (Trellis Square/formerly Liberty Plaza) by title and motioned that the City Council adopt Ordinance #396 as an ordinance of the city of Ammon on its third and final reading. Councilmember Thompson seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Thompson - Yes, Councilmember Kirkham - Yes. The motion carried. Trellis Square Division #1 PreliminarylFinal Plat and Development Al!reement: City Planning Director Ron Folsom presented slides of the proposed Preliminary and Final Plat. Planning and Zoning recommend approval of the plat as presented. Councilmember Bean motioned to approve the Trellis Square Division #1 Preliminary/Final Plat as presented. Councilmember Kirkham seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Kirkham - Yes, Councilmember Thompson - Yes. The motion carried. Councilmember Thompson motioned to approve the Trellis Square Division # 1 Development Agreement with the addition of conditions: The Developer will construct Majestic Circle from 14th North into the subdivision prior to development outside of division #1 and, the sewer and water lines will be brought through from 14th North. Councilmember Kirkham seconded. Roll call vote: Councilmember Thompson - Yes, Councilmember Kirkham - Yes, Councilmember Bean - Yes. The motion carried. City Council Minutes 06/21/2006 -- 4 Trellis Sauare Lots 2 throul!h 5 Preliminary Site Plan: City Planning Director Ron Folsom presented slides of the proposed Preliminary site plan. Planning and Zoning recommend approval as presented, upon approval of City Engineer Bill Manwill. Councilmember Bean motioned to approve the Trellis Square Lots 2 through 5 Preliminary Site Plan as presented. Councilmember Kirkham seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Kirkham - Yes, Councilmember Thompson - Yes. The motion carried. Amendments and Additions to Title 10 Chapter 27. Ordinance #397 and Summary: A Public Hearing was held before the Planning and Zoning Commission at their June 7, 2006, meeting. Notice of the Hearing was published in the Post Register on May 18 and May 25,2006. City Planning Director Ron Folsom presented the proposed amendments and additions to Title 10, Chapter 27 Overlay Zones. The Planning and Zoning Commission voted unanimously to recommend approval as presented. Councilmember Thompson motioned to approve the Amendments and Additions to Title 10 Chapter 27 as proposed. Councilmember Kirkham seconded. Roll call vote: Councilmember Thompson - Yes, Councilmember Kirkham - Yes, Councilmember Bean - Yes. The motion carried. Councilmember Thompson read Ordinance #397, AN ORDINANCE AMENDING CHAPTER 27 OF THE ZONING ORDINANCE OF THE CODIFIED ORDINANCES OF THE CITY OF AMMON.by title and motioned that the City Council dispense with the rule requiring the reading of the ordinance on three different days and that the three readings be waived. Councilmember Kirkham seconded. Roll call vote: Councilmember Thompson - Yes, Councilmember Kirkham - Yes, Councilmember Bean - Yes. The motion carried. Councilmember Thompson read Ordinance #397, AN ORDINANCE AMENDING CHAPTER 27 OF THE ZONING ORDINANCE OF THE CODIFIED ORDINANCES OF THE CITY OF AMMON by title and motioned that the City Council adopt Ordinance #397 as an ordinance of the city of Ammon on its third and final reading, and approve the prepared summary of Ordinance #397 for publication. Councilmember Kirkham seconded. Roll call vote: Councilmember Thompson - Yes, Councilmember Kirkham - Yes, Councilmember Bean - Yes. The motion carried. Comprehensive Plan Map Chanl!es: A Public Hearing was held before the Planning and Zoning Commission at their June 7, 2006, meeting. Notice of the Hearing was published in the Post Register on May 18 and May 25,2006. City Planning Director Ron Folsom presented the proposed changes to the plannin~ map. Planning and Zoning recommend approval of the changes with the exception of the C-l zone south of 1 i and east of the Cellar. The Council discussed the proposed changes. Staff was instructed to prepare the resolution to adopt the changes. 17th Street Planned Transition Overlay with PB Underlyinl! Zoninl!: A Public Hearing was held before the Planning and Zoning Commission at their June 7, 2006, meeting. Notice of the Hearing was published in the Post Register on May 18 and May 25,2006, and mailed to the owners of property within 500 feet of the proposed overlay zone. Planning and Zoning recommend approval. City Planning Director Ron Folsom presented slides of the properties requesting the transition overlay. Those property owners who were present indicated their agreement with the proposed transition zoning. Councilmember Kirkham motioned to approve the 17th Street Planned Transition Overlay with PB Underling Zoning. Councilmember Thompson seconded. Roll call vote: Councilmember Kirkham - Yes, Councilmember Thompson - Yes, Councilmember Bean - Yes. The motion carried. Fiscal Year 2005-2006 Audit Enl!al!ement Letter: City Administrator Bruce Rose reported the receipt of an audit engagement letter from Galusha, Higgins and Galusha. The letter proposes performance of the City's annual audit in compliance with established standards, for the sum of$14,250.00. Councilmember Bean motioned to accept the audit engagement letter and authorize Mayor Ard to sign. Councilmember Thompson seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Thompson- Yes, Councilmember Kirkham - Yes. The motion carried. DISCUSSION ITEMS: Miscellaneous: City Administrator Bruce Rose reported that the homeowners in Greenfield have indicated they believe the City should participate in the chip seal and sidewalks. Staff was instructed to get estimates for completion of the work. Mayor Ard reported he had spoken with County officials and they are in favor of expanding the City's impact area. They are also on board with trying to work up joint plans for flood mitigation. City Council Minutes 06/21/2006 -- 5 Mayor Ard reported that Idaho Falls Mayor Furihman has not taken the City's request to place Ammon water lines in the Hitt Road right-of-way to the Idaho Falls Council. Mayor Furihman told him that he feels it will be an uphill battle. Mayor Ard reported he has received several petitions from the Stonehaven neighborhood. In favor of the crosswalk, some are opposing the installation of a safety island. Councilmember Bean reminded the Council that Gerry Mitchell still has tenants in his converted barn. No CO has been issued and it is still out of compliance. A letter with a deadline was sent at one time. No action has been taken. Councilmember Kirkham reported on Sheriffs contract negotiations. Councilmember Bean motioned to adjourn to executive session to discuss a legal issue. Council member Thompson seconded. All in favor, the motion carried. The meeting adjourned at II :25 p.m. (-~) ~ayo' ~-- City Council Minutes 06/21/2006 -- 6