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Council Minutes 04/21/2005 CITY OF AMMON CITY COUNCIL MINUTES THURSDAY, APRIL 21, 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 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 Pledlle of Allelliance to the Flail and, Councilmember Waite offered a prayer. Minutes April 7. 2005: Councilmember Bean motioned to approve the April 7, 2005, minutes as presented. Councilmember Anderson seconded. Roll Call Vote: Councilmember Bean - Yes, Councilmember Anderson - Yes, Councilmember Thompson - Yes, Councilmember Waite - Yes. The motion carried. Items from Mavor: None Consent Allenda: Councilmember Anderson motioned to approve the consent agenda as presented. Councilmember Bean seconded. Roll Call Vote: Councilmember Anderson - Yes, Councilmember Bean - Yes, Councilmember Thompson - Yes, Councilmember Waite - Yes. The motion carried. Mayor Ard explained the hearing process and swore in those interested in testifying Public Hearinll - Adoption of National Electrical Code: Notice of the Hearing was published in the Post Register on April 7 and April 14, 2005. Building Official George Klomp explained the code proposed for adoption is the same as that used by the State ofIdaho, and enables the City to enforce those codes. There was no testimony for or against the proposed ordinance Councilmember Waite motioned to approve the National Electrical Code. Councilmember Thompson seconded. Roll Call Vote: Councilmember Waite - Yes, Councilmember Thompson - Yes, Councilmember Bean- Yes, Councilmember Anderson - Yes. The motion carried. Councilmember Waite read Ordinance 364 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 Waite - Yes, Councilmember Bean - Yes, Councilmember Anderson - Yes, Councilmember Thompson - Yes. The motion carried. Councilmember Waite read Ordinance #363 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 #363 as an ordinance of the City of Ammon on its third and fmal reading. Councilmember Bean seconded. Roll Call Vote: Councilmember City Council Minutes 04/21/2005 - I Waite - Yes, Councilmember Bean - Yes, Councilmember Anderson - Yes, Councilmember Thompson - Yes. The motion carried. Public Hearin2 - Adootion of Electrical Permit and Insoection Fees - Resolution #2005-006: Notice of the Hearing was published in the Post Register on April 7 and April 14, 2005. Building Official George Klomp explained the code proposed for adoption is the same as that used by the State ofIdaho, and enables the City to enforce those codes. There was no testimony for or against the proposed fees. Councilmember Bean motioned to approve Resolution #2005-006 Electrical Permit and Inspection Fees. Councilmember Waite seconded. Roll Call Vote: Councilmember Bean - Yes, Councilmember Waite - Yes, Councilmember Anderson - Yes, Councilmember Thompson - Yes. The motion carried. Public Comment on Items Not On A2enda: None. Woodland Hills Rezone R-l to RI-A and Ordinance #365: Public Hearing was held before the Planning and Zoning Commission on April 6, 2005. Notice of the Hearing was published in the Post Register on March 23 and March 30, 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. City Planning Director Ron Folsom presented slides of the proposed rezone and vicinity. The property is located south of Township Road (49th South), east of Ammon Road and, west of Crowley Road (45th East). Planning and Zoning voted unanimously to recommend that the Council approve this rezone as presented. Planning and Zoning member Tom Hunsaker reported on P&Z discussion regarding this request. 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 proposed rezone. Councilmember Anderson motioned to table this rezone request until such time as a Conditional Use Permit for the School District #93 property north of Township Road is granted. Councilmember Bean seconded. Roll Call Vote: Councilmember Anderson - Yes, Councilmember Bean - Yes, Councilmember Thompson - Yes, Councilmember Waite - Yes. The motion carried. Woodland Hills #7/Courtland Rid2e #1 Final Plat and Develooment A2reement: City Planning Director Ron Folsom presented slides of the proposed Final Plat and vicinity. The property is located south of Township Road (49th South), east of Ammon Road and, west of Crowley Road (45th East). Planning and Zoning voted unanimously to recommend that the Council approve the final plat as presented. 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 proposed Final Plat and Development Agreement. Councilmember Bean motioned to approve the Courtland Ridge Division # 1 Final Plat as presented. Councilmember Waite seconded. Roll Call Vote: Councilmember Bean - Yes, Councilmember Waite - Yes, Councilmember Thompson - Yes, Councilmember Anderson - Yes. The motion carried. Councilmember Bean motioned to approve the Courtland Ridge Division #1 Development Agreement. Councilmember Waite seconded. Roll Call Vote: Councilmember Bean - Yes, Councilmember Waite - Yes, Councilmember Thompson - Yes, Councilmember Anderson - Yes. The motion carried. Woodland Hills #5 Final Plat and Develooment A2reement: City Planning Director Ron Folsom presented slides of the proposed Final Plat and vicinity. The property is located south of Township Road (49th South), east of Ammon Road and, west of Crowley Road (45th East). Planning and Zoning voted unanimously to recommend that the Council approve the final plat as presented. 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 proposed Final Plat and Development Agreement. Councilmember Waite motioned to approve the Woodland Hills Division #5 Final Plat as presented. Councilmember Bean seconded. Roll Call Vote: Councilmember Waite - Yes, Councilmember Bean - Yes, Councilmember Anderson - Yes, Councilmember Thompson - Yes. The motion carried. City Council Minutes 04/21/2005 - 2 Councilmember Waite motioned to approve the Woodland Hills Division #5 Development Agreement. Councilmember Bean seconded. Roll Call Vote: Councilmember Waite - Yes, Councilmember Bean - Yes, Councilmember Anderson - Yes, Councilmember Thompson - Yes. The motion carried. Kartchner Request for Rezone R2-A & C-l to R-l. R2-A & R-l to R-2 and R-2 & C-l to R3-A Zonin!! and Ordinance #366: Public Hearing was held before the Planning and Zoning Commission on April 6, 2005. Notice of the Hearing was published in the Post Register on March 23 and March 30, 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. Planning and Zoning Member Tom Hunsaker reported on P&Z discussion. The request is in compliance with the Comprehensive plan. Planning and Zoning voted unanimously to approve the request. (Planning Director Ron Folsom presented slides showing the general vicinity and location of the property. Due to a potential conflict ofinterest Mr. Folsom did not report on or comment on the request. The property is located north of 1st Street, south and east of Sande reek and west of the Foxhollow Addition to the City of Ammon. The request is in compliance with the Comprehensive plan. Planning and Zoning voted unanimously to approve the request. ) Alan Cunningham, 1020 Lincoln Road, of Mountain River Engineering presented the request for the developer and answered the Council's questions Troy Kartchner, the developer, addressed the Council and explained the changes which have taken place since their initial purchase ofthe northern portion of the property. Public meetings where held by the developer with the citizens in the area. There was not any testimony opposing the requested rezones at the public hearing on April 6, 2005. Mr. Kartchner stated the project(s) will include curb and gutter. The Council discussed the requested rezone. Councilmember Anderson motioned to approve with condition curb, gutter, sidewalk, 1 Y2 lanes pavement from the current paved lanes on 1 sl Street, to be completed within four years or when 50% of the C-l or 50% of the R3-A. Councilmember Bean seconded. Roll Call Vote: Councilmember Anderson - Yes, Councilmember Bean- Yes, Councilmember Thompson - No (not a good spot for R3-A), Councilmember Waite - Yes. The motion carried. Councilmember Bean read Ordinance #366 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. (Kartchner Property) by title and motioned that the City Council dispense with the rule requiring the reading ofthe ordinance On three different days and that the three readings be waived. Councilmember Waite seconded. Roll Call Vote: Councilmember Bean - Yes, Councilmember Waite - Yes, Councilmember Anderson - Yes, Councilmember Thompson - Yes. The motion carried. Councilmember Bean read Ordinance #366 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. (Kartchner Property) by title and motioned to adopt Ordinance #366 as an ordinance ofthe City of Ammon on its third and final reading. CounciImember Waite seconded. Roll Call Vote: CounciImember Bean - Yes, Councilmember Waite- Yes, Councilmember Anderson - Yes, Councilmember Thompson - Yes. The motion carried. Trailwood #9 Request for Rezone from RI-A to R2-A Zonin!! and Ordinance #367: Notice of the Hearing was published in the Post Register on March 23 and March 30, 2005. Notice of the hearing was also mailed to property owners within five hundred (500) feet ofthe subject property and, to other parties of interest. City Planning Director Ron Folsom presented slides showing the general vicinity and location of the property. The property is located north of East 17th Street, and east of the Trailwood Addition to the City of Ammon. Mr. Folsom also explained the type of development permitted in the requested R2-A zone. Planning and Zoning voted unanimously to recommend the Council approve rezone of Block 6 Lot 28 and Block 12 Lot 1, and deny the Trailwood #9 requested rezone of the remaining lots from RI-A to R2-A. Casey Dennert, 3025 Devonwood, of Benton Engineering, presented the request for the developer. Mark Andrus and Dean Mortimer, the developers, stated they were willing to accept the rezone as recommended by Planning and Zoning. Councilmember Anderson motioned to approve rezone ofthat portion of Block 12 Lot 1 included in the request to R2-A, and deny the Trailwood #9 requested rezone ofthe remaining lots. Councihnember Bean City Council Minutes 04/21/2005 - 3 seconded. Roll Call Vote: Councilrnember Anderson - Yes, Councilrnember Bean - Yes, Councilmember Waite- Yes, Councilrnember Waite - Yes. The motion carried. Councilmember Thompson motioned to table Ordinance #367 for corrections to the legal description. Councilrnember Bean seconded. Roll Call Vote: Councilrnember Thompson - Yes, Councilmember Bean - Yes, Councilrnember Waite - Yes, Councilmember Anderson - Yes. The motion carried. Trailwood #9 Final Plat and Development Ae:reement: City Planning Director Ron Folsom presented slides showing the general vicinity and location of the property. The property is located north of East 17th Street, and east of the Trailwood Addition to the City of Ammon. Planning and Zoning voted unanimously to recommend approval of the Final Plat. The Council discussed the proposed plat and development agreement. Councilmember Bean motioned to approve the Trailwood #9 Final Plat as presented. Councilmember Anderson seconded. Roll Call Vote: Councilrnember Bean - Yes, Councilmember Anderson - Yes, Councilrnember Thompson - Yes, Councilmember Waite - Yes. The motion carried. Councilmember Bean motioned to approve the Trailwood Division 9 Development Agreement with special conditions added from the Annexation Agreement. Councilmember Anderson seconded. Roll Call Vote: Councilmember Bean - Yes, Councilrnember Anderson - Yes, Councilrnember Thompson - Yes, Councilrnember Waite - Yes. The motion carried. Ammon Park Center Final Plat and Development Ae:reement: City Planning Director Ron Folsom presented slides showing the general vicinity and location of the property. The property is located north of East 17th Street, and east ofK-Mart. Planning and Zoning voted unanimously to recommend approval of the Final Plat. The Council discussed the proposed plat and development agreement Councilmember Bean motioned to the Ammon Park Center Final Plat as presented. Councilmember Waite seconded. Roll Call Vote: Councilmember Bean - Yes, Councilrnember Waite - Yes, Councilmember Thompson - Yes, Councilmember Anderson - Yes. The motion carried. Councilrnember Bean motioned to approve the Ammon Park Center Development Agreement with special conditions added from the Annexation agreement and, not parking on the street through the commercial property. Councilmember Waite seconded. Roll Call Vote: Councilmember Bean - Yes, Councilmember Waite - Yes, Councilrnember Thompson - Yes, Councilmember Anderson - Yes. The motion carried. Juniper Mountain Holdine:s Reauest for Annexation with initial RP-A Zonine:. Ordinance #368 and Annexation Ae:reement: Public Hearing was held before the Planning and Zoning Commission on April 6, 2005. Notice of the Hearing was published in the Post Register on March 23 and March 30, 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. City Planning Director Ron Folsom presented slides showing the general vicinity and location of the property. The property is located east and south of the Cottages Addition to the City of Ammon and north of Sunnyside Road. The request is in compliance with the Comprehensive Plan. Planning and Zoning voted unanimously to recommend approval ofthe requested Annexation with initial RP-A zoning. Alan Cunningham, 1020 Lincoln Road, of Mountain River Engineering, presented the request for the developer. The proposed annexation contains approximately 86.5 acres. The developer anticipates platting Y4 to Y2 acre lots. Tom Hunsaker reported on the Planning and Zoning discussions of this annexation request. The Council discussed the requested annexation and initial RP-A Zoning. Councilmember Bean motioned to approve the Juniper Mountain Holdings request for annexation and initial RP-A zoning. Councilrnember Anderson seconded. Roll Call Vote: Councilrnember Bean - Yes, Councilmember Anderson - Yes, Councilmember Thompson - Yes, Councilmember Waite - Yes. The motion carried. Councilmember Anderson motioned to approve the Juniper Mountain Holdings Annexation Agreement with special conditions that the developer will oversize the water/sewer lines at the developers expense, provide for Y2 cost of a bridge across the canal connecting to Tildy Lane, and procuring right of way for Tildy Lane to cross property located in the county. Councilmember Waite seconded. Roll Call Vote: Councilrnember Anderson - Yes, Councilrnember Waite - Yes, Councilrnember Thompson - Yes, Councilmember Bean - Yes. The motion carried. Councilrnember Anderson read Ordinance #368 AN ORDINANCE ANNEXING CERTAIN LANDS TO THE CITY OF AMMON, BONNEVILLE COUNTY, IDAHO; DESCRIBING WITH PARTICULARITY SAID City Council Minutes 04/21/2005 - 4 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. (Juniper Mountain) 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 #368 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. (Juniper Mountain) by title and motioned to adopt Ordinance #366 as an ordinance of the City of Ammon on its third and final reading. Councilmember Bean seconded. Roll Call Vote: Councilmember Anderson - Yes, Councilmember Bean - Yes, Councilmember Thompson - Yes, Councilmember Waite - Yes. The motion carried Founder's Point Preliminarv Plat: City Planning Director Ron Folsom presented slides showing the general vicinity and location of the property. The property is located south of Sunnyside in the Mesa Lorna II addition to the City of Ammon. Planning and zoning voted unanimously to recommend the Council approve the preliminary plat as presented. Alan Cunningham, 1020 Lincoln Road, of Mountain River Engineering, presented the request for the developer. Councilmember Waite motioned to approve the Founder's Point Preliminary Plat with the condition that Lauralwood be constructed through from boulder creek lane to Sunnyside. Councilmember Anderson seconded. Roll Call Vote: Councilmember Waite - Yes, Councilmember Anderson - Yes, Councilmember Bean - Yes, Councilmember Thompson - Yes. The motion carried. Title X Revisions: Public Hearing was held before the Planning and Zoning Commission on April 6, 2005. Notice of the Hearing was published in the Post Register on March 23 and March 30, 2005. Councilmember Anderson motioned to table discussion of the proposed Title X revisions to the next regular council meeting. Councilmember Thompson seconded. Roll Call Vote: Councilmember Anderson - Yes, Councilmember Thompson - Yes, Councilmember Waite - Yes, Councilmember Bean - Yes. The motion carried. Ene:ineerim! Services Contract & Authorization to Bid Well 9 Upe:rade: City Administrator Bruce reported that the documentation is not complete and these items are being moved to a future meeting. Award Bid - McCowin Park Parkiu Proiect: City Administrator Bruce Rose presented the proposed parking project to the Council. The funds have been budgeted for the proposed parking. Councilmember Thompson motioned to award the bid for the McCowin Park Parking Project to L.N. Johnson Paving, LLC for $19,350.00. Councilmember Waite seconded. Roll Call Vote: Councilmember Thompson - Yes, Councilmember Waite - Yes, Councilmember Anderson - Yes, Councilmember Bean. The motion carried. Authorization to Bid - DuraPatcher: City Administrator Bruce Rose and Public Works Administrator Rick Williams presented staffs request to purchase a DuraPatcher for the street department and answered the Council's questions regarding the equipment. The Council directed staff to issue a request for bids. motion carried. Resolution #2005-07 Amendine: Park Maintenance and Reservation Fees: The resolution was prepared by the City Clerk at the direction of the Council at their April 7, 2005 meeting. Councilmember Anderson motioned to adopt resolution #2005-07 changing the Park Maintenance fees for baseball fields from $8.00 per player per season to $10.00 per game. Councilmember Waite seconded. Roll Call Vote: Councilmember Anderson - Yes, Councilmember Waite - Yes, Councilmember Bean - Yes, Councilmember Thompson - Yes. The motion carried. City Council Minutes 04/21/2005 - 5 Miscellaneous Discussion Items: Councilmember Bean reported that at the request ofIBSD, City staffwill no longer collect connection fees for the sewer district. There are no funds being held by the City. And, building permits will only be forward to IBSD upon written request. Councilmember Thompson reported that he has been given a Reciprocal Services Agreement with the Interagency Fire Center for approval. The Council directed him to have Fire Chief Nelson sign the agreement. City Administrator Bruce Rose reported on the status of the traffic studies School District #93 was required to submit regarding their Conditional Use Permit requests. A work session was scheduled for Thursday, April 28, 2005 at 7:00 p.m. to review and discuss the traffic studies. City Administrator Bruce Rose reported that an independent traffic study requested in conjunction with the Ratliffrequest for Annexation has been received. Upon review, Dave Benton, the engineer for Mr. Ratliffwas contacted. Mr. Benton indicated that Mr. Lund had completed the traffic study under his supervision. The issue of whether the report was truly independent was discussed. Staff was requested to inform Mr. Ratliff that the report is being considered biased, provide him with a list of engineering firms that do not have an interest in the outcome of the study and request that a truly independent study be performed. The meeting was adjourned at 12:25 a.m. April 22, 2005. ~ City Council Minutes 04/21/2005 - 6