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Council Minutes 07/23/2005 CITY OF AMMON CITY COUNCIL MINUTES THURSDA Y, JUNE 23, 2005 The meeting was called to order by Mayor 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 W. Lee Bean Councilmember Karen Y. Anderson Councilmember Rex Thompson Councilmember Randy Waite City Attorney Scott Hall City Administrator Bruce Rose City Engineer Bill Manwill City Planning Director Ron Folsom City Clerk/Treasurer Diane Gempler Councilmember Bean led the Pledl!e of AlleI!iance to the F1al! and, Councilmember Waite offered a prayer. Minutes May 9. 2005: Councilmember Waite motioned to approve the May 9, 2005, minutes as presented. Councilmember Thompson seconded. Roll Call Vote: Councilmember Waite - Yes, Councilmember Thompson- Yes, Councilmember Anderson - Yes, Councilmember Bean - Yes. The motion carried. Amended Consent Al!enda: Councilmember Thompson motioned to approve the amended consent agenda requiring Polar Express to provide proof ofliability insurance comparable to that required in the past. Councilmember Anderson seconded. Roll Call Vote: Councilmember Thompson - Yes, Councilmember Anderson - Yes, Councilmember Bean - Yes, Councilmember Waite - Yes. The motion carried. Public Hearin2s: Mayor Ard explained the hearing process and swore in those interested in testifYing. 2005 Electrical Code: City Building Official George Klomp addressed the Council, explained the requested update to the 2005 National Electrical, and answered the Council's questions. There was not any testimony from the public. Mayor Ard closed the hearing. Councilmember Anderson read Ordinance #369, AN ORDINANCE OF THE CITY OF AMMON, OF THE STATE OF IDAHO, REPEALING AND RE-ENACTING SECTIONS 7-6-1 AND 7-6-2 OF THE CITY CODE OF AMMON, IDAHO, ADOPTING THE LATEST VERSION OF THE NATIONAL ELECTRICAL CODE; PROVIDING FOR FEES; PROVIDING FOR SEVERABILITY; REPEALING CONFLICTING ORDINANCES AND PROVIDING AN EFFECTIVE DATE 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 Anderson - Yes, Councilmember Bean - Yes, Councilmember Thompson - Yes, Councilmember Waite - Yes. The motion carried. Councilmember Anderson read Ordinance #369 AN ORDINANCE OF THE CITY OF AMMON, OF THE STATE OF IDAHO, REPEALING AND RE-ENACTING SECTIONS 7-6-1 AND 7-6-2 OF THE CITY CODE OF AMMON, IDAHO, ADOPTING THE LATEST VERSION OF THE NATIONAL ELECTRICAL CODE; PROVIDING FOR FEES; PROVIDING FOR SEVERABILITY; REPEALING CONFLICTING ORDINANCES AND PROVIDING AN EFFECTIVE DATE by title and motioned to adopt Ordinance #369 as an ordinance of the City of Ammon on its third and fma1 reading. Councilmember Bean seconded. Roll call vote: Councilmember Anderson - Yes, Councilmember Bean - Yes, Councilmember Thompson - Yes, Councilmember Waite - Yes. The motion carried. City Council Minutes 06/23/2005 - 1 Public Comment on Items Not On At!enda: NONE Familv Care CenterlPearl House Development Aereement: City Planning Director Ron Folsom presented the drafted Development Agreement. Kim Leavitt, representing the developer, addressed the Council regarding a clause in the agreement requiring release of the surface water rights. As there is a riding stable being planned for the facility, which would utilize the surface water rights to irrigate the pasture, they are requesting that they be allowed to retain the water rights for the planned pasture until such time as the use is changed. The Council discussed the proposed Development Agreement. Councilmember Anderson motioned to approve the Family Care Center Development Agreement with the addition of SC-4 amending 2.r. allowing the developer to retain the surface water rights until such time as irrigation is no longer needed for the property when the water rights are to be transferred to the City and revising SC- 3 to clarify development costs as improvements to streets and utilities. Councilmember Waite seconded. Roll call vote: Councilmember Anderson - Yes, Councilmember Waite - Yes, Councilmember Bean - Yes, Councilmember Thompson - Yes. The motion carried. Woodbury Development Cost: Scott Bishop of Woodbury Corporation addressed the Council requesting confirmation of his understanding regarding the development costs they can expect to incur. The Council discussed Mr.Bishop's concerns regarding possibly being charged frontage fees that were not in effect at the time their property was annexed. Mr. Bishop was informed that the developer will be required to pay frontage fees on utilities that are not paid by or on behalf of the developer. New Construction Account Charees: City Administrator Bruce Rose addressed the Council regarding back billings on new construction accounts. Several developers have voiced concerns about the monthly charge for services that mayor may not be used. Lee Gagner of Homestead Construction and Brent Johnson from Rockwell Development addressed the Council regarding the charges. Mr. Gagner reminded the Council that the original need for the charges no longer exists as the City's building permits and inspections have been brought in house. He asked that the Council consider changing their policy, implementing the $25.00 monthly charge upon issuance of a Certificate of Occupancy rather than 4 months following issuance of a Building Permit. The Council discussed the request. Staffwas instructed to include the change in the pending fee resolution. Powerhouse Coach Site Plan: City Planning Director Ron Folsom presented the site plan and reported that Planning and Zoning voted unanimously to recommend the Council approve the preliminary site plan. Councilmember Bean motioned to approve the Powerhouse Coach Preliminary Site Plan, eliminating the center entrance from Tirril Drive and the east entrance from. 14th North. Councilmember Anderson seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Anderson - Yes, Councilmember Thompson - Yes, Councilmember Waite - Yes. The motion carried. Ordinance #370 Title 10 Amendments: Councilmember Anderson read Ordinance #370 AN ORDINANCE AMENDING VARIOUS SECTIONS OF THE ZONING ORDINANCE OF A CODIFIED ORDINANCES OF THE CITY OF AMMON INCLUDING CORRECTING SECTION 10-3-1 0 RELATING TO NON- CONFORMING LOTS OF RECORD; AMENDING SECTION 1O-5-23-(D)-1-(a)-ii, REQUIRED PARKING AND LOADING AREAS: TO INCLUDE STUDIO APARTMENTS IN THE CALCULATIONS OF PARKING REQUIREMENTS; CORRECTING SECTION 10-5-23-(0)-2, REQUIRED PARKING, CONNERCIAL ZONES TO REFLECT SECTION 10-11-1-(B), EXCLUDING THE PB ZONE; AMENDING SECTION 10-5-24(B), LANDSCAPING AND SCREENING REQUIRED TO REMOVE THE SIZE REQUIREMENT ON LANDSCAPING OF DEVELOPMENTS OVER TEN (10) ACRES AND THE PERCENTAGE ALLOWANCE TO DECREASE THE AMOUNT OF LANDSCAPING REQUIRED. TO REQUIRE A FIFTEEN (15) BUFFER OF LANDSCAPING ALONG COLLECTOR STREETS; AMENDING SECTION 10-5-24-(0) SCREENING REQUIREMENTS TO INCLUDE LANGUAGE USING THE "PARK LANDSCAPE STRIP" IN SOME BUFFERING; REPEALING SECTION 10-5-25 ABUTTING RAILROADS; AMENDING SECTION 10-7-8-(B), HOME OCCUPATIONS TO REMOVE LANGUAGE REFERRING TO THE GROUND FLOOR AND REPLACING IT WITH LANGUAGE USING BUILDING SHADOW LINE AS A CALCULATION MECHINISM; AMENDING SECTION 10-7-10, PUBLIC UTILITY AND FACILITIES TO CLARIFY USE OF THIS SECTION APPLIES TO City Council Minutes 06/23/2005 - 2 NON-GOVERNMENTAL UTILlTES AND FACILITIES; TO REMOVE FROM CHAPTER 7 LANGUAGE REFERRING TO DATE OF THE ADDITION OF CORNER SETBACK REQUIREMENT REGARDING SETBACKS OF ACCESSORY BUILDINGS; AMENDING 10-10-3 SUBMISSION OF BUILDING AND ZONING MATTERS TO COMMISION, REMOVING THE REQUIREMENT FOR BUILDING PERMITS AND ALLEGED VIOLATIONS OF THE ZONING ORDINANCE; AMENDING SECTION 10-11-4- SITING OF MANUFACTURED HOMES SUBSECTION (A) REPEALING LANGUAGE FOR MINIMUM SIZE OF 750 SQUARE FEET AND INCLUDING LANGUAGE REFERRING SIZE TO THE ZONE IN WHICH THE MANUFACTURED HOME IS BEING PLACED; SUBSECTION (E) REMOVING LANGUAGE REGARDING PREDOMINANT CONSTRUCTION FOR THE REQUIREMENT OF GARAGES OR CARPORTS AND INCLUDING LANGUAGE TO REQURE GARAGES AS REFERRED TO IN SECTION 10-5-23-D-l-b; AMENDING SECTION 1O-12-2-(E) ADDING HOME OCCUPATIONS AS AN ALLOWED USE; AMENDING SECTION 1O-14-2-(B) REMOVING HOME OCCUPATIONS IN THE ALLOWED USE. HOME OCCUPATIONS WILL BE ALLOWED THROUGH REFERENCE TO CHAPTER 12 RP ZONE; AMENDING CHAPTER 17 TO ADD SECTION 10-17-11 SPECIAL PROVISIONS APPLYING TO R-3 ZONE TO REQUIRE LANDSCAPING AS SET FORTH IN SECTIN 10-5-24; AMENDING CHAPTER 18 TO ADD SECTION 10-18- 11 SPECIAL PROVISIONS APPLYING TO R3-A ZONE TO REQUIRE LANDSCAPING AS SET FORTH IN SECTIN 10-5-24; AMENDING SECTION 10-19-3 USE REQUIREMENTS IN THE RSC ZONE TO ADD TO THE ALLOWED USE SUBSECTION (UU) TO ALLOW DAY CARES; AMENDING SECTION 10-21-2 TO REQUIRE A CONDITIONAL USE PERMIT TO THE FOLLOWING USES (B)SUPER SERVICE STATIONS,(C) USED CAR LOTS,(F) MACHINERY SALES ESTABLISHMENTS AND BILLBOARDS,(G) AMUSEMENT ENTERPRISES, BY CONDITIONAL USE ONLY, TO REMOVE FROM THE ALLOWED USE SUBSECTION (E) TRAILER COURTS; AMENDING SECTION 10-21-4 SPECIAL PROVISIONS TO ADD SUBSECTION (C) ADDRESSING THE STORAGE OF MERCHANDISE OUTDOORS; AMENDING SECTION 10-22-2-(FF) SIGNS TO SPECIFY OFF PREMISE AND TO REQUIRE A CONDITIONAL USE PERMIT FOR BILLBOARDS; TO AMEND SECTION 10-23-2(1) REPEALING THE ALLOWED USE OF CHICKEN HATCHERIES IN THE GC-l ZONE; TO AMEND SECTION 1O-24-2-(E), (G) TO REMOVE PUBLIC BUILDINGS AND SIGNS IDENTIFYING BUILDINGS AS AN ALLOWED USE; TO AMEND SECTION 10- 29-8 REQUIREMENTS OF THE FINAL PLAT TO REQUIRE TWO (2) 11" X 17" COPIES OF THE RECORDED PLAT; TO AMEND SECTION 10-30-3-(A) REMOVING THE 750 SQUARE FEET SIZE AND REPLACING IT WITH LANGUAGE REFERRING THE SIZE TO THE ZONE IN WHICH THE MANUFACTURED HOME IS BEING PLACED. 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: Councihnember Anderson - Yes, Councilmember Thompson - Yes, Councilmember Waite - Yes, Councihnember Bean - Yes. The motion carried. Councilmember Anderson read Ordinance #370 AN ORDINANCE AMENDING VARIOUS SECTIONS OF THE ZONING ORDINANCE OF A CODIFIED ORDINANCES OF THE CITY OF AMMON INCLUDING CORRECTING SECTION 10-3-10 RELATING TO NON-CONFORMING LOTS OF RECORD; AMENDING SECTION 1O-5-23-(D)-1-(a)-ii, REQUIRED PARKING AND LOADING AREAS: TO INCLUDE STUDIO APARTMENTS IN THE CALCULATIONS OF PARKING REQUIREMENTS; CORRECTING SECTION 10-5- 23-(D)-2, REQUIRED PARKING, CONNERCIAL ZONES TO REFLECT SECTION 10-11-1-(B), EXCLUDING THE PB ZONE; AMENDING SECTION 10-5-24(B), LANDSCAPING AND SCREENING REQUIRED TO REMOVE THE SIZE REQUIREMENT ON LANDSCAPING OF DEVELOPMENTS OVER TEN (10) ACRES AND THE PERCENT AGE ALLOWANCE TO DECREASE THE AMOUNT OF LANDSCAPING REQUIRED. TO REQUIRE A FIFTEEN (15) BUFFER OF LANDSCAPING ALONG COLLECTOR STREETS; AMENDING SECTION 10-5-24-(D) SCREENING REQUIREMENTS TO INCLUDE LANGUAGE USING THE "PARK LANDSCAPE STRIP" IN SOME BUFFERING; REPEALING SECTION 10-5-25 ABUTTING RAILROADS; AMENDING SECTION 1O-7-8-(B), HOME OCCUPATIONS TO REMOVE LANGUAGE REFERRING TO THE GROUND FLOOR AND REPLACING IT WITH LANGUAGE USING BUILDING SHADOW LINE AS A CALCULATION MECHlNISM; AMENDING SECTION 10-7-10, PUBLIC UTILITY AND FACILITIES TO CLARIFY USE OF THIS SECTION APPLIES TO NON-GOVERNMENTAL UTILlTES AND FACILITIES; TO REMOVE FROM CHAPTER 7 LANGUAGE REFERRING TO DATE OF THE ADDITION OF CORNER SETBACK REQUIREMENT REGARDING SETBACKS OF ACCESSORY BUILDINGS; AMENDING 10-10-3 SUBMISSION OF BUILDING AND ZONING MATTERS TO COMMISION, REMOVING THE REQUIREMENT FOR BUILDING PERMITS AND ALLEGED VIOLATIONS OF THE ZONING ORDINANCE; AMENDING SECTION 10-11-4- SITING OF MANUFACTURED HOMES SUBSECTION (A) REPEALING LANGUAGE FOR MINIMUM SIZE City Council Minutes 06/23/2005 - 3 OF 750 SQUARE FEET AND INCLUDING LANGUAGE REFERRING SIZE TO THE ZONE IN WHICH THE MANUFACTURED HOME IS BEING PLACED; SUBSECTION (E) REMOVING LANGUAGE REGARDING PREDOMINANT CONSTRUCTION FOR THE REQUIREMENT OF GARAGES OR CARPORTS AND INCLUDING LANGUAGE TO REQURE GARAGES AS REFERRED TO IN SECTION IO-5-23-D-l-b; AMENDING SECTION 10-12-2-(E) ADDING HOME OCCUPATIONS AS AN ALLOWED USE; AMENDING SECTION 1 0-14-2-(B) REMOVING HOME OCCUPATIONS IN THE ALLOWED USE. HOME OCCUPATIONS WILL BE ALLOWED THROUGH REFERENCE TO CHAPTER 12 RP ZONE; AMENDING CHAPTER 17 TO ADD SECTION 10-17-11 SPECIAL PROVISIONS APPLYING TO R-3 ZONE TO REQUIRE LANDSCAPING AS SET FORTH IN SECTIN 10-5-24; AMENDING CHAPTER 18 TO ADD SECTION 10-18- 11 SPECIAL PROVISIONS APPLYING TO R3-A ZONE TO REQUIRE LANDSCAPING AS SET FORTH IN SEeTIN 10-5-24; AMENDING SECTION 10-19-3 USE REQUIREMENTS IN THE RSC ZONE TO ADD TO THE ALLOWED USE SUBSECTION (UU) TO ALLOW DAY CARES; AMENDING SECTION 10-21-2 TO REQUIRE A CONDITIONAL USE PERMIT TO THE FOLLOWING USES (B)SUPER SERVICE STATIONS,(C) USED CAR LOTS,(F) MACHINERY SALES ESTABLISHMENTS AND BILLBOARDS,(G) AMUSEMENT ENTERPRISES, BY CONDITIONAL USE ONLY, TO REMOVE FROM THE ALLOWED USE SUBSECTION (E) TRAILER COURTS; AMENDING SECTION 10-21-4 SPECIAL PROVISIONS TO ADD SUBSECTION (C) ADDRESSING THE STORAGE OF MERCHANDISE OUTDOORS; AMENDING SECTION 10-22-2-(FF) SIGNS TO SPECIFY OFF PREMISE AND TO REQUIRE A CONDITIONAL USE PERMIT FOR BILLBOARDS; TO AMEND SECTION 10-23-2(1) REPEALING THE ALLOWED USE OF CHICKEN HATCHERIES IN THE GC-l ZONE; TO AMEND SECTION 10-24-2-(E), (G) TO REMOVE PUBLIC BUILDINGS AND SIGNS IDENTIFYING BUILDINGS AS AN ALLOWED USE; TO AMEND SECTION 10- 29-8 REQUIREMENTS OF THE FINAL PLAT TO REQUIRE TWO (2) 11" X 17" COPIES OF THE RECORDED PLAT; TO AMEND SECTION 10-30-3-(A) REMOVING THE 750 SQUARE FEET SIZE AND REPLACING IT WITH LANGUAGE REFERRING THE SIZE TO THE ZONE IN WHICH THE MANUFACTURED HOME IS BEING PLACED. by title and motioned to adopt Ordinance #370 as an ordinance of the City of Ammon on its third and final reading. Councilmember Thompson seconded. Roll call vote: Councilmember Anderson - Yes, Councilmember Thompson - Yes, Councilmember Waite - Yes, Councilmember Bean - Yes. The motion carried. SCADA System Chanl!e Orders: Wetco Inc. has submitted Two Change Orders for the SCADA System being installed. The Council discussed the proposed changes. Councilmember Bean motioned to approve Change Order # 1 Upgrade Sensaphone autodialer to Specter Instruments Winn91 1 Autodialer Software for $3,200.00 and, Change Order #2 Additional flow signal to Site #9 RTU including additional PLC programming for $125.00. Councilmember Waite seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Waite - Yes, Councilmember Anderson - Yes, Councilmember Thompson - Yes. The motion carried. Bova Reauest for Waiver ofCharl!es: City Administrator Bruce Rose reported that Mr. Bova purchased a four- plex on Chasewood in January 2005. Mr. Bova has submitted a letter requesting that service fees for January and February be waived. He claims that a representative of the City informed him in January that he would not be billed until the apartments were occupied. Staffhas requested Mr. Bova to bring the account current as services were available for use during the entire period. Councilmember Anderson motioned deny the request for waiver of service fees. Councilmember Waite seconded. Roll call vote: Councilmember Anderson - Yes, Councilmember Waite - Yes, Councilmember Bean - Yes, Councilmember Thompson - Yes. Miscellaneous Discussion Items: Subdivision of Old Ammon Town-Site Lots: City Planning Director Ron Folsom reported that several home owners' in old Ammon have asked if they could split their lots, the newly created lots would not have street frontage. Current City Code does not allow residential lots that do not have minimum street frontage. Mr. Folsom suggested the Council might consider allowing private drives in a restricted area. Frontal!e Fees: The Council discussed the structure and implementation ofthe proposed frontage fees. City Administrator Rose reported that HillCrest High School has asked ifthe City would like to purchase an advertisement on their fall sports calendar. The Council indicated they will decline. City Council Minutes 06/23/2005 - 4 Mr. Rose reported that several staff members have asked if there would be swimming pool passes available to employees. The Council agreed to allow each employee a fifteen pass punch card. Mr. Rose reported that Comfort Construction has contacted him regarding construction of the new well house for well #7. The structure has to be approved by the City before construction commences. The developer will be asked to provide a bid for a block building with a three-foot hatch in the roof. Rick Williams reported that the upgrades to Well #9 have been completed and is capable of producing at full capacity. He also reported on the status of the other wells. Councilmember Thompson reported on his negotiations with Sheriff regarding the contract renewal. The Council discussed the proposed contract and the possibility of having a study done to determine whether the citizens would prefer to fund their own police force. The Council discussed their meeting schedule for July. Due to the expected lack of a quorum, the July 7th meeting was cancelled. Councilmember Thompson motioned to adjourn to executive session to discuss threatened litigation. Councilmember Waite seconded. All in favor the motion carried. The Council adjourned from executive session at 12:30 a.m. '---.. City Council Minutes 06/23/2005 - 5