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Council Minutes 12/16/2004 CITY OF AMMON CITY COUNCIL MINUTES THURSDAY, DECEMBER 16, 2004 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 Engineer Bill Manwill City Administrator Bruce Rose City Planning Director Ron Folsom City Clerk/Treasurer Diane Gempler City Building Official George Klomp City Officials absent: City Attorney Scott Hall Councilmember Bean led the Pled2e of Allee:iance to the Flae: and, Councilmember Waite offered a prayer. Minutes December 2. 2004: Councilmember Waite motioned to approve the December 2,2004, minutes as presented. Councilmember Thompson seconded. Roll call vote: Councilmember Waite - Yes, Councilmember Thompson - Yes, Councilmember Bean - Abstained due to absence, Councilmember Anderson - Yes. The motion carried. Items from Mavor: None Consent Ae: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. ACTION ITEM: Ree:ional Sewer Proiect Bond Election: Ted Hendricks ofE.C.I.P.D.A., addressed the Council and reported the steps that have been taken to facilitate holding a sewer revenue bond election on February 1, 2005. The required notice of election has been submitted to The Post Register for publication on December 17th and, the required Ordinance and Summary Ordinance have been prepared and provided in the Council packets. Councilmember Anderson read Ordinance No. 357, AN ORDINANCE OF THE CITY OF AMMON, IDAHO, PROVIDING FOR THE CONSTRUCTION AND INSTALLATION OF IMPROVEMENTS TO THE SANITARY SEWER SYSTEM; CALLING A SPECIAL ELECTION FOR THE SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY THE QUESTION OF INCURRING AN INDEBTEDNESS AND ISSUING REVENUE BONDS IN A PRINCIPAL AMOUNT NOT TO EXCEED $15,000,000 TO PAY A PORTION OF THE COST THEREOF; ESTABLISHING THE DATE, TIME, AND PLACES OF ELECTION; PROVIDING FOR PUBLIC NOTICE OF ELECTION; PROVIDING FOR REGISTRATION OF VOTERS; PROVIDING FOR RELATED MATTERS; AND PROVIDING AN EFFECTIVE DATE by title and motioned to dispense with the rule requiring the reading of the ordinance on three different days and that the three readings be waived. City Council 12/16/2004 - 1 Councilmember Waite seconded. Roll call vote: Councilmember Anderson - Yes, Councilmember Waite- Yes, Councilmember Bean - Yes, Councilmember Thompson -Yes. The motion carried. Councilmember Anderson read Ordinance No. 357, AN ORDINANCE OF THE CITY OF AMMON, IDAHO, PROVIDING FOR THE CONSTRUCTION AND INSTALLATION OF IMPROVEMENTS TO THE SANITARY SEWER SYSTEM; CALLING A SPECIAL ELECTION FOR THE SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY THE QUESTION OF INCURRING AN INDEBTEDNESS AND ISSUING REVENUE BONDS IN A PRINCIPAL AMOUNT NOT TO EXCEED $15,000,000 TO PAY A PORTION OF THE COST THEREOF; ESTABLISHING THE DATE, TIME, AND PLACES OF ELECTION; PROVIDING FOR PUBLIC NOTICE OF ELECTION; PROVIDING FOR REGISTRATION OF VOTERS; PROVIDING FOR RELATED MATTERS; AND PROVIDING AN EFFECTIVE DATE by title and motioned to adopt Ordinance No. 357 on its third and fmal reading. Roll Call vote: Councilmember Anderson - Yes, Councilmember Waite- Yes, CounciImember Bean - Yes, Councilmember Thompson -Yes. The motion carried. PUBLIC HEARINGS: Mayor Ard explained the public hearing process and swore in those individuals who were interested in testifying. Amendment of Title 7 (Buildinl! Codes) to Adopt 2003 ICC Code: Notice of the Hearing was published in the Post Register on December 2 and December 9,2004. City Building Official George Klomp addressed the Council and explained the proposed amendments. There was no testimony for or against the proposed building code amendments. Councilmember Thompson read Ordinance #358 AN ORDINANCE OF THE CITY OF AMMON, OF THE STATE OF IDAHO, REPEALING AND RE-ENACTING SECTIONS 7-1-1 AND 7- 1-2 OF THE CITY CODE OF AMMON, IDAHO, ADOPTING THE LA TEST VERSION OF THE INTERNATIONAL BUILDING CODE; THE INTERNATIONAL RESIDENTIAL CODE, PARTS I-VI AND IX-X; THE INTERNATIONAL ENERGY CONSERVATION CODE; INTERNATIONAL FUEL GAS CODE; INTERNATIONAL MECHANICAL CODE; AND INTERNATIONAL FIRE CODE, PROVIDING EXCEPTIONS; PROVIDING FOR SEVERABILITY; REPEALING CONFLICTING ORDINANCES AND PROVIDING AN EFFECTIVE DATE by title and motioned to dispense with the rule requiring the reading of the ordinance on three different days and that the three readings be waived. Councilmember Anderson seconded. Roll call vote: Councilmember Thompson - Yes, Councilmember Anderson - Yes, Councilmember Bean - Yes, Councilmember Waite -Yes. The motion carried. Councilmember Thompson read Ordinance #358 AN ORDINANCE OF THE CITY OF AMMON, OF THE STATE OF IDAHO, REPEALING AND RE-ENACTING SECTIONS 7-1-1 AND 7- 1-2 OF THE CITY CODE OF AMMON, IDAHO, ADOPTING THE LATEST VERSION OF THE INTERNATIONAL BUILDING CODE; THE INTERNATIONAL RESIDENTIAL CODE, PARTS I-VI AND IX-X; THE INTERNATIONAL ENERGY CONSERVATION CODE; INTERNATIONAL FUEL GAS CODE; INTERNATIONAL MECHANICAL CODE; AND INTERNATIONAL FIRE CODE, PROVIDING EXCEPTIONS; PROVIDING FOR SEVERABILITY; REPEALING CONFLICTING ORDINANCES AND PROVIDING AN EFFECTIVE DATE by title and motioned to adopted Ordinance #358 on its third and final reading. Councilmember Anderson seconded. Roll call vote: Councilmember Thompson - Yes, Councilmember Anderson - Yes, Councilmember Bean - Yes, Councilmember Waite - Yes. The motion carried. ACTION ITEMS: Ammon Park Center Request for Annexation with Initial CC-l. RI-A. R2-A and R-3 ZoniD!!: City Planning Director Ron Folsom gave a brief report on the history of the request and presented the slides of the property and vicinity. The property is located north of 17th Street and east of the Trailwood addition to the City. Public Hearing was held before the Planning and Zoning Commission on December 15,2004. Notice of the hearing was published in the Post Register on December 1 and December 8, 2004, and was mailed to property owners within 500 feet of the property and other interested parties. City Council 12/16/2004 - 2 Planning and Zoning Chairman Doug Willden reported that Planning and Zoning recommends that the Council approve the annexation with RI-A zoning on the northern 6 acres, western 6.41, and the eastern 6.91 (requested R2-A) acres; R2-A zoning for the 4.09 acres requested to be zoned R-3; and, CC-l zoning for the 16.81 acres as requested. The neighbors who testified were very much against allowing more density than recommended by the Commission. The Commission recommends the Council hold a public hearing if considering approval of zoning other than as recommended by Planning and Zoning. Casey Dennert, 3025 Devonwood, of Benton Engineering addressed the Council on behalf of the developer. The developers feel that their proposal is a good compromise between the neighbors and the developer. And, asked that the Council consider their proposal as submitted for the public hearing held before Planning and Zoning. Dean Mortimer and Mark Andrus, the developers, answered the Council's questions regarding their request. They indicated that they accept Planning and Zoning's recommendations for the each of the parcels except for what they requested to be R2-A and R-3. Asking that the Council approve the annexation and zoning on those parcels which agreement has been reached. The Council discussed the proposed annexation and initial zonings. Councilmember Anderson motioned to hold a public hearing regarding the requested annexation and initial zoning before the City Council on January 6, 2005. Councilmember Thompson seconded. Roll Call vote: Councilmember Anderson - Yes, Councilmember Thompson - Yes, Councilmember Bean - Yes, Councilmember Waite - Yes. Woodbury Request for Annexation with Initial He-I Zonine: - Aoorox. 3 Acres: City Planning Director Ron Folsom introduced the request and presented the slides of the property and vicinity. The property is located at the southeast comer of 25th East and Sunnyside Road. Public Hearing for the requested annexation and initial zoning was held before the Planning and Zoning Commission at their November 3, 2004, meeting. Planning and Zoning Chairman Doug Willden reported that the Commission voted unanimously to recommend approval of the request as presented. They also recommend that the Council waive holding further hearings on the request. The Council discussed the proposed zoning. JeffFrieberg of Harper-Leavitt answered the Council's questions regarding the proposed annexation and initial zoning Councilmember Bean motioned to approve the annexation with initial HC-I zoning subject to the completion of a satisfactory annexation agreement. Councilmember Waite seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Waite - Yes, Councilmember Thompson - Yes, Councilmember Anderson - Yes. The motion carried. Woodbury HiWSunnvside Request for Aunexation with Initial He-I. R3-A. PH and RE Zonine:- Aoorox. 137 Acres: City Planning Director Ron Folsom introduced the request and presented the slides of the property and vicinity. The property is located at the south of Sunnyside Road, east of 25th East and north of Township Road. Public Hearing for the requested annexation and initial zoning was held before the Planning and Zoning Commission at their November 3, 2004, meeting. Planning and Zoning Member Tom Hunsaker reported that the Commission voted to recommend approval ofthe request as presented. They also recommend that the Council waive holding further hearings on the request unless changes are presented to the Council. The Council discussed the proposed annexation and initial zoning. Councilmember Anderson motioned to approve the request as presented with the exception that the R3-A requested zoning be changed to HC-l, contingent on negotiation of an acceptable annexation agreement; the annexation agreement will include a park-landscaping strip and specifics as to grandfathering of livestock rights. Councilmember Bean seconded. Roll Call vote: Councilmember Anderson - Yes, Councilmember Bean - Yes, Councilmember Thompson - Yes, Councilmember Waite- Yes. The motion carried. The Council discussed the proposed annexation agreement. There are changes to the agreement being requested by the developer that could be incorporated into the standard agreement. As the property City Council 12/16/2004 - 3 borders the City ofIdaho Falls along 25th East (HittRoad), the Council requested that the developer provide information regarding street improvements being required by the City ofIdaho Falls. Ammon Park Center Request for Annexation with Initial CC-I. RI-A. R2-A and R-3 Zoninf!: Dean Mortimer addressed the Council, stating that there have already been two public hearings. At those hearings there was no comment on the commercial zoning and no opposition to the requested RI-A. He asked that the Council approve the annexation and initial zoning with the exception of the parcel requested to be zoned R2-A parcel on the east. At a minimum, he asks that the Council approve the annexation and initial zoning of that portion requested to be zoned CC-I. The request was discussed by the Council at length. The Council declined to take action on the request. Trailbreak Final Plat and Development Af!reement: City Planning Director presented slides of the proposed [mal plat. The property is located north of John Adams Parkway at the south end of that portion Matchpoint Drive located in the Tiebreaker Addition. And, will connect the two portions of Match point Drive. Alan Cunningham, 1020 Lincoln Road, of Mountain River Engineering represented the developer. Councilmember Bean motioned to approve the Trailbreak Final Plat and Development Agreement as presented. Councilmember Waite seconded. Roll Call vote: Councilmember Bean - Yes, Councilmember Waite - Yes, Councilmember Thompson - Yes, Councilmember Anderson - Yes. The motion carried. Sunnvdavs Davcare Business License: City Planning Director Ron Folsom reported that staffhas received an application for a daycare and preschool to be located in a commercial zone. As the City Code does not specifically allow daycare centers to be operated in a commercial zone, he asked for Council direction as to whether a conditional use permit should be required. In researching the issue, it was found that in 2000, the Council approved a general business license for 24-hour Safety Land (a daycare in a commercial zone), without holding a hearing to grant a conditional use permit. Councilmember Anderson motioned to approve the Sunnydays Daycare Business License to operate a Daycare in the C-l zone. Councilmember Bean seconded. Roll Call vote: Councilmember Anderson - Yes, Councilmember Bean - Yes, Councilmember Thompson - Yes, Councilmember Waite- Yes. The motion carried. Ammon Park Center Request for Annexation with Initial CC-l. RI-A. R2-A and R-3 Zoninf!: Dean Mortimer addressed the Council, and indicated that they are willing to accept the Planning and Zoning recommendation for zoning. The Council further discussed the annexation and initial zoning recommended by Planning and Zoning. Councilmember Thompson and Councilmember Anderson voiced concern that there is too great a risk of twin homes becoming rental properties, and eventually becoming run down. Councilmember Bean motioned to approve the annexation and initial zoning as recommended by Planning and Zoning (Rl-A zoning on the northern 6 acres, western 6.41, and the eastern 6.91 (requested R2-A) acres; R2-A zoning for the 4.09 acres requested to be zoned R-3; and, CC-I zoning for the 16.81 acres as requested). Councilmember Waite seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Waite - Yes, Councilmember Anderson - No, as she feels it doesn't follow the Comprehensive Plan, and she feels the motion is out of order, Councilmember Thompson --No, he concurred with Councilmember Anderson, Mayor Ard - Yes, as it follows what Planning and Zoning recommended. The motion carried. Councilmember Anderson motioned to rescind her earlier motion for public hearing. Councilmember Bean seconded. Roll call vote: Councilmember Anderson -- Yes, Councilmember Bean -- Yes, Councilmember Thompson -- Yes, Councilmember Waite -- Yes. The motion carried. Greenfield Park Unit #1 Quit Claim Deed: City Planning Director Ron Folsom reported to the Council that an title company representative met with him this morning regarding a City owned right-of-way that runs through a portion of the property. City Council 12/16/2004 - 4 The Council discussed the request. The right-of-way had been granted to the City for Marlene Street to be put through to Ammon Road. The City vacated the right-of-way through the Church property, in the process the right-of-way through this property was not vacated. The City has no future need for this property. Councilmember Bean motioned to approve the quit claim of Greenfield Park Unit # I, Block I. Councilmember Waite seconded. Councilmember Bean -- Yes, Councilmember Waite -- Yes, Councilmember Anderson -- Yes, Councilmember Thompson -- Yes. The motion carried. Fire Department SCBAs Bid: City Administrator Bruce Rose reported that bids had been solicited for the SCBAs to be purchased under the grant awarded to the Fire Department. Copies of the bids received that meet the specifications were provided to the Council in their meeting packets. City Staff recommends that the bid be awarded to the lower of the two bids (Oxarc of Boise). Councilmember Bean motioned to accept the bid from Oxarc, in the amount of $77,284.91 for the purchase of SCBA units. Councilmember Anderson seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Anderson - Yes, Councilmember Thompson - Yes, Councilmember Waite - Yes. The motion carried. Miscellaneous Discussion Items: City Administrator Bruce Rose reported on and asked for Council direction regarding several zoning issues. It has come to staff's attention that an individual, who recently built an accessory building on their property, is allowing people to reside in the accessory building. In addition, there has not been a final inspection completed on the accessory building. The zone that the property is in does not allow more than one residence on an individual lot. Mr. Rose will contact the property owner and inform them of the zoning violation and actions necessary to correct it. The individual on Ammon Road who has livestock on their property has been contacted, and are claiming a grandfathered right to have the livestock. The Council discussed the issue. The property has changed hands since the zoning applied to the property, which negates any grandfathering with regard to livestock being kept on the property. In addition, even if the property were grandfathered for livestock the current arrangement at the property is not compliant with other zoning regulations regarding livestock. City Administrator reported that the County Planning and Zoning Commission approved the proposed subdivision that could be contiguous with Ammon along the southern border of Cottonwood Hills Estates (Majestic View Drive). Planning Director Ron Folsom will be in contact with Steve Serr with regard to the subdivision. The Council needs to consider whether they want to protest the action by the County, and if so, the approach to be taken. The owner requesting approval of the subdivision by the County, owns the property between the proposed subdivision and the current Ammon City limit. The Council discussed the issue. Councilmember Anderson asked for an update on the Council's request for a traffic study on Tiebreaker. City Engineer Manwill will follow-up and report at a later date. Councilmember Waite motioned to adjourn. Councilmember Thompson seconded. All in favor, the meeting adjourned at II :00 p.m. ~ C~ City Council 12/16/2004 - 5