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Council Minutes 09/15/2005 CITY OF AMMON CITY COUNCIL MINUTES THURSDAY, SEPTEMBER 15,2005 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 W. Lee Bean Councilmember Karen Y. Anderson Councilmember Randy Waite Councilmember Rex Thompson City Attorney Scott Hall City Administrator Bruce Rose City Planning Director Ron Folsom City Engineer Bill Manwill City Clerk/Treasurer Diane Gempler Councilmember Waite led the Pled2:e of Alle2:iance to the Fla2: and, Councilmember Anderson offered a prayer. Minutes September I. 2005: Councilmember Thompson motioned to approve the September I, 2005, minutes, with correction noted. Councilmember Waite seconded. Roll call vote: Councilmember Thompson - Yes, Councilmember Waite - Yes, Councilmember Anderson - Yes, Councilmember Bean - Yes. The motion carried. Items From Mavor: Mayor Ard introduced Husk Crowther of Forsgren and Associates and the Mayor and Council of the City of Shelley. They are here to present the Scope of Work and Matching Funds for the Regional Sewer Project preliminary design. Mr. Crowther reported that additional grant funding has been awarded that was not anticipated. The Regional Sewer Authority is requesting that the Council approve the scope of work for preliminary design and to authorize expenditure of matching funds to support the preliminary design phase of the project. Councilmember Bean motioned to approve the expenditure of$153,852.00 for the preliminary design of the wastewater treatment plant and interceptor line. Councilmember Waite seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Waite - Yes, Councilmember Anderson - Yes, Councilmember Thompson - Yes. The motion carried. Mayor Ard introduced Mr. Williams, an engineer recommended by Fred Whalen of Mountain River Engineering to work with the City in floodplain mitigation planning. Gerald Williams, Williams Engineering, reported to the Council regarding the flood mitigation planning. There have been numerous errors discovered on the FEMA maps. Mr. Williams explained the process of getting the maps corrected. Mr. Williams proposed undertaking preliminary steps to determine what will be required for the City to update the FEMA flood plain maps and begin flood mitigation planning. The proposed "Scoping Study" will cost $3,520. Councilmember Bean motioned to authorize Williams Engineering to conduct the scoping study and a cost of $3,520.00. Councilmember Thompson seconded. Roll call vote: Councilmember Bean - yes, Councilmember Thompson - Yes, Councilmember Waite - Yes, Councilmember Anderson - Yes. The motion carried. Consent A2:enda: Councilmember Bean motioned to approve the Consent Agenda as presented. Councilmember Anderson seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Anderson - Yes, Councilmember Thompson - Yes, Councilmember Waite - Yes. The motion carried. Public Hearin2: - Cortland Rid2:e Rezone R-I to RI-A: Notice of the Hearing was published in the Post Register on September 1 and September 8, 2005. 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. Mayor Ard called the hearing to order and swore in those individuals desiring to testify. City Council Minutes 9/15/2005 -- 1 City Planning Director Ron Folsom presented slides showing the general vicinity and location of the property. The property is located south of Township Road, east of Ammon Road and west of Crowley Road in the Woodland Hills Addition to the City of Ammon. The Planning and Zoning Commission recommended approval of the requested rezone at their April 6, 2005, meeting. Jay Johnson, 2125 Cabellero, presented the request, restrictive covenants, and statistics regarding the population who purchase twin-homes in his developments. Alan Cunningham, 1020 Lincoln road, of Mountain River Engineering presented information on the percentage of property being developed as detached and attached single family homes. Linda Wyatt, 5358 South 45th East, testified that there is a natural run-off ditch that runs through her property and the Cortland Ridge/Woodland Hills developments. Ms. Wyatt is concerned that she may be held responsible for the water that drains through her property. She wants to be assured that the developer(s) plan for the water flows. Mayor Ard closed the public hearing. Councilmember Waite motioned to approve the Cortland Ridge Division #2 Rezone from R-l to RI-A. Councilmember Bean seconded. Roll call vote: Councilmember Waite - Yes, Councilmember Bean - Yes, Councilmember Thompson - No (he feels there is sufficient RI-A zoning already), Councilmember Anderson- Yes. The motion carried. Public Comment on Items not on Al!enda: ACTION ITEMS: Ratliff Annexation Al!reement and Ordinance: City Planning Director Ron Folsom reported on the wording adjustments discussed with the developer. In addition, the developer has requested that the northern portion of the property be withdrawn from the annexation and initial zoning as a prospective buyer would like to handle his own annexation and zoning. The Council discussed the Annexation Agreement and requested change in the property to be annexed. The Council informed the developer that they will not consider a partial annexation. Any buyer for the property would be free to apply for rezone of the property. Councilmember Thompson motioned approve the Ratliff Annexation Agreement SC2 to include as an alternative if the developer deposits with the City $125,000.00 by 9/30/05 the City will match the funds and place the $250,000.00 in escrow to construct/install traffic signal light at Ammon Road and 17th, and SCl to include matching the asphalt on Ammon Road south of I ih. Councilmember Waite seconded. Roll call vote: Councilmember Thompson - Yes, Councilmember Waite - Yes, Councilmember Anderson - No (objects to the City obligating $125,000.00 at this time), Councilmember Bean - Yes. The motion carried. Anderson motioned to escrow $15,000 funds from the 2005 budget to construct speed bumps in Tiebreaker. The motion died due to lack of a second. Councilmember Thompson read Ordinance #378 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 APART 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 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 Bean seconded. Roll call vote: Councilmember Thompson - Yes, Councilmember Bean - Yes, Councilmember Waite - Yes, Councilmember Anderson - Yes. The motion carried Councilmember Thompson read Ordinance #378 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 the City Council adopt ordinance #378 as an City Council Minutes 9/15/2005 -- 2 ordinance of the City of Ammon on its third and final reading. Councilmember Bean seconded. Roll call vote: Councilmember Thompson - Yes, Councilmember Bean - Yes, Councilmember Waite - Yes, Councilmember Anderson - Yes. The motion carried. Sabin Drive Rezone R-l to RI-A: City Planning Director Ron Folsom presented slides of the property, vicinity and neighboring zoning. The Planning and Zoning Commission held a public hearing regarding this rezone request at their September 1, 2005, meeting. The Commission voted unanimously to recommend approval of the request. There was not any representation on behalf of the requestor. Councilmember Bean motioned to table to the Sabin Drive Rezone from R-l to RI-A to the October 6th meeting. Councilmember Waite seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Waite - Yes, Councilmember Anderson - Yes, Councilmember Thompson - Yes. The motion carried. Cobblestone Division #1 Final Plat and Development A2reement: City Planning Director Ron Folsom presented slides of the proposed plat and vicinity. The Planning and Zoning Commission voted unanimously to recommend approval of the proposed Final Plat. Alan Cunningham, 1020 Lincoln Road, of Mountain River Engineering presented the plat for the developer. Troy Kartchner, the developer, answered the Council's questions. The Council discussed the proposed plat and development agreement. Councilmember Anderson motioned to approve final plat and Development Agreement for Cobblestone #1 with SC 5 to include that the exact placement of the Sewer line south to Curlew must be approved by council, SC9 will be moved and renamed SC6, SC8 to be deleted and a special condition added regarding the water line(s). Councilmember Waite seconded. Roll call vote: Councilmember Anderson - Yes, Councilmember Waite - Yes, Councilmember Bean - Yes, Councilmember Thompson - Yes. The motion carried. The Villas Division #2 Final Plat and Development A2reement: City Planning Director Ron Folsom presented slides of the proposed plat and vicinity. The Planning and Zoning Commission voted unanimously to recommend approval of the proposed Final Plat. The Council discussed the proposed Final Plat. Councilmember Anderson motioned to approve the Villas Division #2 Final Plat and Development Agreement as presented. Councilmember Bean seconded. Roll call vote: Councilmember Anderson - Yes, Councilmember Bean - Yes, Councilmember Thompson - Yes, Councilmember Waite - Yes. The motion carried... Lincoln Industrial Park, Lot 3. Block 3, Site Plan: City Planning Director Ron Folsom presented slides of the proposed preliminary site plan and vicinity. The Planning and Zoning Commission voted unanimously to recommend approval of the proposed preliminary site plan. The Council discussed the proposed preliminary Site Plan. Councilmember Bean motioned to approve the Lincoln Industrial Park Lot 3, block 3 Site Plan as presented. Councilmember Anderson seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Anderson - Yes, Councilmember Thompson - Yes, Councilmember Waite - Yes. The motion carried. Walker Division #1 Final Plat and Development A2reement: City Planning Director Ron Folsom reported that Planning and Zoning voted unanimously to recommend the City Council approve the Final Plat with the stipulation that the street will not have to be paved until a second lot is developed. Lance Walker, representing his father, addressed the Council regarding the proposed plat. They asked that they not be required to pave the street until such time as a second lot is sold. Councilmember Anderson motioned to approve the Walker Division #1 Final Plat and Development Agreement with the inclusion of SC 1 that the utilities be brought through the property in addition to the utility easement being granted; SC2 that Audrey place between Ross and the eastern edge of the property be completed; and, SC3 that the City agrees to allow the driveway/cul-de-sace to be gravel prior to issuance of a second building permit. Councilmember Bean seconded. Roll call vote: Councilmember Anderson - Yes, Councilmember Bean - Yes, Councilmember Thompson - Yes, Councilmember Waite - Yes. The motion carried. School District #93 Buildin2 Permit Fee Reconsideration: Roger Hill, representing School District #93, requested that the Council revisit the School District request that the fee for plan review be waived for one of the elementary buildings being constructed in the City. City Council Minutes 9/15/2005 -- 3 The Council discussed the requested fee waiver. Councilmember Thompson motioned to waive one of the plan review fees ($15,026.72). Councilmember Anderson seconded. Roll call vote: Councilmember Thompson - Yes, Councilmember Anderson - Yes, Councilmember Bean - Yes, Councilmember Waite - Abstained as he is a school district employee. The motion carried. Authorize Buildine: Department Vehicle(s) Bid Specifications: City Administrator Bruce Rose asked for direction regarding the specifications to be used for the Building Department Vehicles. The Council discussed the estimates provided and instructed the staff to request bids on small pickups. Miscellaneous Discussion: The Council discussed the contract proposed by the Sheriff for FY2006 police services. The meeting adjourned at 1:15 a.m. September 16,2005 ~ :':~~~d' .yo< ' ./ City Council Minutes 9/15/2005 -- 4