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Council Minutes 03/16/2006 CITY OF AMMON CITY COUNCIL MINUTES THURSDAY, MARCH 16,2006 The meeting was called to order by Mayor 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 Randy Waite Councilmember Rex Thompson Councilmember Dana Kirkham City Administrator Bruce Rose City Planning Director Ron Folsom City Clerk/Treasurer Diane Gempler City Officials absent: Councilmember Lee Bean City Engineer Bill Manwill City Attorney Scott Hall Councilmember Kirkham led the PIedl!e of AIIel!iance to the FIal! and, Councilmember Waite offered a prayer. Mayor Ard recognized the Boy Scouts in the audience and asked them to introduce themselves. Minutes February 9 and March 9. 2006: Councilmember Waite motioned to approve the February 9 and March 9,2006, Minutes. Councilmember Kirkham seconded. Roll call vote: Councilmember Waite - Yes, Councilmember Kirkham - Yes, Councilmember Thompson - Abstained due to absence (2/9/06) - Yes, Mayor Ard - Yes. The motion carried. Items From the Mavor: None Consent Al!enda: Councilmember Kirkham motioned to approve the Consent Agenda. Councilmember Waite seconded. Roll call vote: Councilmember Kirkham - Yes, Councilmember Waite - Yes, Council member Thompson - Yes. The motion carried Action Items: Award Bid - Water Proiect #1: City Administrator Bruce Rose reported on the bid opening. Staff recommends awarding the bid to H-K in the amount of $206,521.45 subject to final review by the City Attorney and City Engineer. Staff is also requesting authorization for the Mayor to sign the contract. Councilmember Thompson motioned to award the John Adams/Ammon Road Water Project to H-K Contractors subject to approval by the City Engineer and Authorize Mayor Ard to sign the contract subject to approval of form by City Attorney Scott Hall. Councilmember Waite seconded. Roll call vote: Councilmember Thompson - Yes, councilmember Waite - Yes, Councilmember Kirkham - Yes. The motion carried. Ratliff Amended Annexation Al!reement: City Planning Director Ron Folsom reported that Mr. Ratliff has asked to pay any footage fees for the water line at this time, as they are not immediately planning to develop along John Adams and he would prefer to pay the fees at current cost. The Council discussed the request. Mr. Folsom will meet with City Engineer Bill Manwill and the actual cost to be assessed will be determined. FY2005 Audit Presentation: Judy Brower of Galusha, Higgins and Galusha, presented the Audit Report for fiscal year ended September 30,2005 and answered the Council's questions regarding the financial statements. Councilmember Kirkham motioned to accept the FY2005 Audit as presented. Councilmember Thompson seconded. Roll call vote: Councilmember Kirkham - Yes, Councilmember Thompson - Yes, Councilmember Waite - Yes. The motion carried. City Council Minutes 03/16/2006 -- I Brid\!ewater Annexation. Initial Zonin\! and Rezone: A public hearing regarding the request was held before the Planning and Zoning Commission at their March 1,2006 meeting. Notice of the Hearing was published in the Post Register on February 15 and February 22,2006. Notice of the hearing was also mailed to property owners within five hundred (500) feet of the subject property and, to other parties of interest. City Planning Director Ron Folsom presented slides of the proposed annexation, initial zoning, rezone and vicinity. The general location of the property is along the west side of North Ammon Road, north and west ofthat previously developed portion of the Lawndale Division of Bonneville County, north of the Fox Hollow Addition and east of Sandcreek and Lincoln Industrial Park, and south of Lincoln Road. Planning and Zoning Member Tom Hunsaker reported that there was not any testimony opposed to the requested annexation and initial zoning. The Commission voted unanimously to recommend approval of the annexation with initial RP-A Zoning. Alan Cunningham, 1020 Lincoln Road, of Mountain River Engineering, presented the request for the developer and answered the Council's questions. The Council discussed the requested annexation and initial zoning. Councilmember Thompson motioned to approve the Bridgewater Annexation and Initial R1-A and RP-A zoning. Councilmember Waite seconded. Roll call vote: Councilmember Thompson - Yes, Councilmember Waite - Yes, Councilmember Kirkham - Yes. The motion carried. Councilmember Thompson motioned to rezone the GC-1 property along the western border of the annexation to RP-A. Councilmember Kirkham seconded. Roll call vote: Councilmember Thompson - Yes, Councilmember Kirkham - Yes, Councilmember Waite - Yes. The motion carried. PUBLIC HEARINGS: Brid\!ewater Vacation requests - Lawndale and Arnold Mobile Home Park Bonneville County Final Plats: Notice ofthe Hearing was published in the Post Register on March 2 and March 9, 2006. Notice of the hearing was also mailed by Certified letters to property owners within five hundred (500) feet of the subject property and, to other parties of interest. Mayor Ard explained the public hearing process and swore in those individuals desiring to testify. Mayor Ard read a letter from Keith H. Morse, 125 Red Fox Drive, supporting the proposed plat vacations and annexation. City Planning Director Ron Folsom presented slides of the proposed annexation, initial zoning, rezone and vicinity. The general location of the property is along the west side of North Ammon Road, north and west of that previously developed portion of the Lawndale Division of Bonneville County, north of the Fox Hollow Addition and east of Sandcreek. Planning and Zoning Member Tom Hunsaker reported that the Commission had discussed the requested plat vacations and recommend approval Alan Cunningham, 1020 Lincoln Road, of Mountain River Engineering, presented the request for the developer and answered the Council's questions. Tom Hunsaker, testified that the Mobile Home Park Plat will have to be vacated as the lots are too small for construction in the zone approved. Scott Bruce, the Manager of Falls Water, addressed the Council. Mr. Bruce asked how the water lines and streets that dead-end in the existing Lawndale Division will be handled. It was explained that the streets would connect into the new plat and water lines would be continued as needed. Doug Knapp, 3179 Cross Circle, asked about the street that is currently platted to dead-end into his backyard. Mr. Knapp was infonned that if the Lawndale Division #2 plat is vacated as requested, the platted street will no longer exist, and the City will allow platting of a dead-end street. There was not any testimony opposed to the requested plat vacations. The Mayor Ard Closed the public hearing. The Council discussed the requested plat vacations. Councilmember Kirkham motioned to approve vacation of the Lawndale and Arnold Mobile Home Park Bonneville County Final Plats. Councilmember Waite seconded. Roll call vote: Councilmember Kirkham - Yes, Councilmember Waite - Yes, Councilmember Thompson - Yes. PUBLIC COMMENT - ITEMS NOT ON AGENDA: None City Council Minutes 03/16/2006 -- 2 ACTION ITEMS: Sheehy Rezone Request - 3790 Sunnyside - C-I to HC-I: A public hearing regarding the request was held before the Planning and Zoning Commission at their March I, 2006 meeting. Notice of the Hearing was published in the Post Register on February 15 and February 22, 2006. Notice of the hearing was also mailed to property owners within five hundred (500) feet of the subject property and, to other parties of interest. City Planning Director Ron Folsom presented slides of the property, vicinity and current zoning. The subject property is commonly known as Sunnyside Automotive, 3790 East Sunnyside Road. Mr. Sheehy is requesting the zone change to allow sales of used cars if a conditional use permit is granted. Tom Hunsaker reported that the Commission voted unanimously to recommend approval of the requested rezone. Councilmember Kirkham motioned to approve the requested rezone from C-l to HC-I. Councilmember Waite seconded. Roll call vote: Councilmember Kirkham - Yes, Councilmember Waite - Yes, Councilmember Thompson - Yes. The motion carried. Sheehy Conditional Use Request - 3790 Sunnyside: A public hearing regarding the request was held before the Planning and Zoning Commission at their March 1,2006 meeting. Notice of the Hearing was published in the Post Register on February 15 and February 22,2006. Notice of the hearing was also mailed to property owners within five hundred (500) feet of the subject property and, to other parties of interest. City Planning Director Ron Folsom presented slides of the property, vicinity and current zoning. The subject property is commonly known as Sunnyside Automotive, 3790 East Sunnyside Road Tom Hunsaker reported the Planning and Zoning Commission recommends the Council approve a Conditional Use Permit to allow Mr. Sheehy to sell cars from 3790 East Sunnyside for the term of three (3) years, hours of operation limited to 8:00 a.m. to 6:00 p.m. Monday through Saturday and, the 'light line' of the security lighting to be kept on the property. Councilmember Kirkham motioned to approve a Conditional Use Permit to allow Mr. Sheehy to sell cars from 3790 East Sunnyside for the term of three (3) years, hours of operation limited to 8:00 a.m. to 6:00 p.m. Monday through Saturday and, the 'light line' of the security lighting to be kept on the property. Councilmember Waite seconded. Roll call vote: Councilmember Kirkham - Yes, Councilmember Waite - Yes, Councilmember Thompson - Yes. The motion carried. Trailwood Division #9 First Amended Plat: City Planning Director Ron Folsom presented slides of the property, vicinity and proposed amended plat. The requested plat amendment adjusts a lot line to coincide with zoning, eliminating a spHt-zoned lot. Councilmember Thompson motioned to approve the Trailwood Division #9 First Amended Plat as presented. Councilmember Kirkham seconded. Roll call vote: Councilmember Thompson - Yes, Councilmember Kirkham - Yes, Councilmember Waite - Yes. The motion carried. Welker Variance Request - Buildine: in Flood Plain: Kurt Welker, 4275 Wanda, addressed the Council requesting their consideration of variance to certain ordinances. A letter detailing Mr. Welker's request was provided to the Council and is attached. The Council discussed the request. Councilmember Kirkham motioned to approve Mr. Welker's request contingent upon approval by an attorney designated by City Attorney Scott Hall and approval by City Building Official George Klomp. Councilmember Waite seconded. Roll call vote: Councilmember Kirkham - Yes, Councilmember Waite - Yes, Councilmember Thompson - Yes. The motion carried. Falls Water Memorandum of Understandine:: Scott Bruce of Falls Water addressed the Council regarding the proposed Memorandum of Understanding. A draft memorandum was approved by the Council and submitted to Falls Water in the fall of2004. No further action has been taken since that time. Mr. Bruce asked that the Council consider the proposed memorandum of understanding. The proposed agreement will be reviewed and discussed by the Council at a work session in April. Street Name Chane:e: City Administrator Bruce Rose requested that the Council consider changing the name of Moss Drive, in Trailwood Division #9 to Briarcreek Lane. When the street is completed through to Ammon Road, it will line up with Briarcreek Lane on the east side of Ammon Road. City Council Minutes 03/16/2006 -- 3 Councilmember Waite motioned to change the name of Moss Drive to Briarcreek Lane. Councilmember Thompson seconded. Roll call vote: Councilmember Waite - Yes, Councilmember Thompson - Yes, Councilmember Kirkham - Yes. The motion carried. Ordinance #383 - Nvles Circle Rezone & Rie:ht-of-Wav Vacation: Councilmember Thompson read Ordinance #383, AN ORDINANCE TO AMEND THE ZONING CLASSIFICATION AND THE ZONING MAP AND V ACA TING NYLES CIRCLE 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 AND V ACA TING NYLES CIRCLE AND PROVIDING FOR AN EFFECTIVE DATE 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 Waite seconded. Roll call vote: Councilmember Thompson - Yes, Councilmember Waite - Yes, Councilmember Kirkham - Yes. The motion carried. Councilmember Thompson read Ordinance #383, AN ORDINANCE TO AMEND THE ZONING CLASSIFICATION AND THE ZONING MAP AND V ACA TING NYLES CIRCLE 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 AND V ACA TING NYLES CIRCLE AND PROVIDING FOR AN EFFECTIVE DATE by title and motioned to adopt Ordinance #383 as an ordinance of the City of Ammon on its third and final reading. Councilmember Waite seconded. Roll call vote: Councilmember Thompson - Yes, Councilmember Waite - Yes, Councilmember Kirkham - Yes. The motion carried. Ordinance #384 - Ricks Farm Rie:ht-of-Wav and Easement Vacation: Councilmember Waite read Ordinance #384, AN ORDINANCE OF THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO V ACA TING AND CLOSING A PORTION OF A PUBLIC AND RIGHT-OF-WAY TOGETHER WITH THE EASEMENTS RELATED THERETO IN THE CITY OF AMMON, COUNTY OF BONNEVILLE, STATE OF IDAHO, PARTICULARLY DESCRIBING SAID PORTION OF THE STREET AND RIGHT-OF-WAY AND EASEMENT TO BE VACATED, AUTHORIZING THE VACATION OF SUCH PORTION OF THE RIGHT-OF-WAY AND STREET AND EASEMENT, DECLARING THAT THE V ACA TED PORTION OF SAID STREET REVERT TO THE OWNERSHIP OF THE ADJOINING OWNERS, AND GRANTING A VARIANCE AS PARKING, AND PROVIDING FOR AN EFFECTIVE DATE 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 Waite - Yes, Councilmember Thompson - Yes, Council member Kirkham - Yes. The motion carried. Councilmember Waite read Ordinance #384, AN ORDINANCE OF THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO VACATING AND CLOSING A PORTION OF A PUBLIC AND RIGHT-OF- WAY TOGETHER WITH THE EASEMENTS RELATED THERETO IN THE CITY OF AMMON, COUNTY OF BONNEVILLE, STATE OF IDAHO, PAR TICULARL Y DESCRIBING SAID PORTION OF THE STREET AND RIGHT -OF - WAY AND EASEMENT TO BE V ACA TED, AUTHORIZING THE V ACA TION OF SUCH PORTION OF THE RIGHT-OF-WAY AND STREET AND EASEMENT, DECLARING THAT THE VACATED PORTION OF SAID STREET REVERT TO THE OWNERSHIP OF THE ADJOINING OWNERS, AND GRANTING A VARIANCE AS PARKING, AND PROVIDING FOR AN EFFECTIVE DATE by title and motioned to adopt Ordinance #384 as an ordinance of the City of Ammon on its third and fmal reading. Councilmember Thompson seconded. Roll call vote: Councilmember Waite - Yes, Councilmember Thompson- Yes, Councilmember Kirkham - Yes. The motion carried. Ordinance #385 - Juniper Mountain Annexation - Gardner Canal Tract: Councilmember Thompson read Ordinance #385, 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 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 Waite seconded. Roll call City Council Minutes 03/16/2006 -- 4 vote: Councilmember Thompson - Yes, Councilmember Waite - Yes, Councilmember Kirkham - Yes. The motion carried. Councilmember Thompson read Ordinance #385, 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 by title and motioned to adopt Ordinance #383 as an ordinance of the City of Ammon on its third and final reading. Councilmember Waite seconded. Roll call vote: Councilmember Thompson - Yes, Councilmember Waite - Yes, Councilmember Kirkham - Yes. The motion carried. Ordinance #386 - Juniper Mountain Annexation - Canal Boundarv with the Cottaees: Councilmember Kirkham read Ordinance #386, 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 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 Waite - Yes. The motion carried. Councilmember Kirkham read Ordinance #386, 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 by title and motioned to adopt Ordinance #383 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 Waite - Yes. The motion carried. Miscellaneous: Jay Johnson addressed the Council and announced that the LaSal Group has purchased Falls Water. He wanted to dispel any rumors about Rockwell purchasing the water company. The intent of the LaSal Group in purchasing the water company is to keep local control of the water system. The Council briefly discussed water rights issues. City Administrator reported that the County has "washed their hands" of correcting the visibility problem at the exit from Hillcrest. Councilmember Kirkham motioned to adjourn to executive session. Councilmember Thompson seconded. All in favor, the motion carried. The meeting adjourned at 10:25 p.m. ~ ~YO' ~7 City Council Minutes 03/16/2006 -- 5