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Council Minutes 02/19/2004 CITY OF AMMON CITY COUNCIL MINUTES THURSDAY, FEBRUARY 19, 2004 The meeting was called to order by Mayor C. Bruce 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 Engineer Bill Manwill Planning & Zoning Chairman Doug Willden Planning & Zoning Commission Member Tom Hunsaker City Clerklfreasurer Diane Gempler Councilmember Waite led the Pled2e of Allet!iance to the Flat!: and, Councilmember Thompson offered a praver. Minutes - February 5. 2004: Councilmember Anderson motioned to approve the February 5, 2004, minutes inserting "preliminary" in reference to the site plans approved. Councilmember Thompson seconded. Roll call vote: Councilmember Anderson -- Yes, Councilmember Thompson - Yes, Councilmember Waite - Yes, Councilmember Bean - Yes. The motion carried. Consent A2enda: Councilmember Waite motioned to approve the Amended Consent Agenda. Councilmember Bean seconded. Roll call vote: Councilmember Waite - Yes, Councilmember Bean - Yes, Councilmember Thompson - Yes, Councilmember Anderson - Yes. The motion carried. Public Bearin2 - Blatter Request for Rezone. R-J to R2-A: Notice of the Hearing was published in the Post Register on February 5 and February 12,2004. Notice of the hearing was also mailed to property owners within five hundred (500) feet of the property proposed to be rezoned and, to other parties of interest. Mayor Ard opened the public hearing and swore in those individuals who wished to testify. City Administrator Bruce Rose presented a brief history of the request with slides of the property location and surrounding zoning. The request is compatible with the Comprehensive Plan. The Planning and Zoning Commission voted six for, one against, and two abstentions to recommend denial of the requested rezone at their November 5, 2003 meeting. Helma Blatter, 2690 Barbara Avenue, Idaho Falls, the property owner, stated that her family wants to build a four-plex, with single front entrance. And, that they are willing to stipulate to restrictions on the type of building and site plan. Herb Southwick, 2690 South Ammon Road testified that he is opposed to the proposed rezone, citing privacy issues and the unknown affect the zone change and construction of the four-plex would have on property values. Julia Southwick, 2690 South Ammon Road testified that she is opposed to the proposed rezone. She believes the rezone and construction of the four-plex will have a negative impact on the salability of her home. Sara Fagan, 2760 South Ammon Road testified that she his opposed to the proposed rezone. Ms. Fagan agrees with the testimony provided by Mr. & Mrs. Southwick. In addition, she feels that the additional traffic coming and going from the block will further detract from property values. Helma Blatter, 2690 :l3arbara A venue, Idaho Falls, the property owner, presented pictures to the Council to illustrate that the proposed project will improve property values. And, that the parking, to be placed at the rear of the lot, would be preferable to the current view from Ammon Road. City Council Minutes 02/1912004 - I Sara Fagan, 2760 South Ammon Road testified she is concerned with the "look" of the amount of parking that will be required, and the detraction from the rural feel of the neighborhood. Mayor Ard closed the public hearing. The Council discussed the requested rezone and the testimony presented. Councilmember Anderson motioned to deny the request for rezone from R-I to R2-A. Councilmember Thompson seconded. Roll call vote: Councilmember Anderson - Yes, Councilmember Thompson - Yes, Councilmember Waite - Yes, Councilmember Bean - Yes. The motion carried Helma Blatter, 2690 Barbara Avenue, Idaho Falls, the property owner, requested the Council considered rezoning to R-2, a more restrictive zone. Mayor Ard opened a second hearing to consider rezoning to R-2, and swore in those individuals who wished to testify. Helma Blatter, 2690 Barbara Avenue, Idaho Falls, the property owner, reiterated her testimony from the R2-A hearing, emphasizing that the cost of connecting to the water and sewer system are prohibitive of a single family home being constructed on the property. Julia Southwick, 2690 South Ammon Road testified that she is opposed to the proposed rezone. She believes the rezone and construction of the four-plex will have a negative impact on the salability of her home. Mrs. Southwick also objects to the number of people and number of cars that would be contained on the lot if rezoned. Sara Fagan, 2760 South Ammon Road testified she is concerned with the number of people that would be residing on the property and, the number of cars that would be parked on the property. Herb Southwick, 2690 South Ammon Road testified that he is opposed to the proposed rezone. Requesting that the zoning be left as R -I, citing security, privacy, and noise levels. Steven Blatter, 1378 South Curlew Drive #116, testified that he is in favor of the rezone as it would enable him to move from the apartment and raise his child(ren) in a more residential neighborhood. He believes that the structure would improve the beauty of Ammon Road and, provide the opportunity for young couples to reside in a more beneficial environment. Mayor Ard closed the Public Hearing. The Council discussed the requested rezone and the testimony presented. Councilmember Waite motioned to deny the request for rezone from R-I to R-2. Councilmember Anderson seconded. Roll call vote: Councilmember Waite - Yes, as four families on a single lot in an R-I block is too dense; Councilmember Anderson - Yes, citing R-2 is to high of density in an R-I neighborhood and, protection for other property owners; Councilmember Bean - Yes, citing near spot zoning and it is objectionable to have four families residing on an R-l size lot; Councilmember Thompson - Yes, citing agreement with the other Councilmembers. The motion carried Public Comment Ree:ardine: Items Not on Ae:enda: None ACTION ITEMS: Cottae:es #5. Annexation & Initial RP-A Zoniu. Annexation Ae:reement and Ordinance #340: City Administrator Bruce Rose presented slides of the proposed annexation, vicinity and adjacent zoning. The property is located South of the Cottages Addition. And, is adjacent to the City limits on the North boundary of the property. The proposed annexation is within the area of impact and is compatible with the Comprehensive Plan. Planning and Zoning voted seven for with one abstention to recommend the Council approve the request. Alan Cunningham, 1020 Lincoln Road, of Mountain River Engineering presented the requested annexation and initial RP-A zoning to the Council. Alan Cunningham and George McDaniels, the developer, answered Council questions regarding the proposed annexation and initial RP-A zoning. Quinn Simmons, 2580 Stafford Cove, addressed the Council requesting that guarantees be provided by the developer regarding the completion of previous divisions of the Cottages, stating that he is concerned that seal coating of the streets that was promised by the developer during 2003 has not been completed and that there continues to be drainage problems as the drainage swales have not been completed on all properties within the original Cottages annexations. The Council discussed rrqr~~rq lID"exation and initial ~-A zonin~. City Council Minutes 02/19/2004 - 2 Councilmember Anderson motioned to waive public hearing before the City Council with regard to the requested annexation and initial RP-A zoning. Councilmember Bean seconded. Roll call vote: Councilmember Anderson - Yes, Councilmember Bean - Yes, Councilmember Thompson - Yes, Councilmember Waite - Yes, the motion carried. Councilmember Anderson motioned to approve the requested annexation with initial RP-A zoning. Councilmember Waite seconded. Roll call vote: Councilmember Anderson - Yes, Councilmember Waite - Yes, Councilmember Bean - Yes, Councilmember Thompson - Yes. The motion carried Councilmember Thompson motioned to approve the Annexation Agreement excluding the Special Condition requiring window-wells to be a minimum of one foot above existing ground level. Councilmember Anderson seconded. Roll call vote: Councilmember Thompson - Yes, Councilmember Anderson - Yes, Councilmember Bean - Yes, Councilmember Waite - Yes. The motion carried. Councilmember Anderson read Ordinance #340, AN ORDINANCE ANNEXING CERTAIN LANDS TO TIlE 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 TIlE 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 TIlE ANNEXATION OF SAID LANDS.( Beginning at a point that is N.87026'30"E. feet along the South boundary Line 97.09 feet from the Southwest comer of The Cottages, Division No.4, an Addition to the City of Ammon, Bonneville County, Idaho; running thence N.87~6'29"E. along said South boundary line extended 1517.61 feet to the West toe of the Sidehill Canal; thence along said toe the following twenty three (23) courses: S.0I050'59"W. 130.40 feet; thence S.03054'12"E. 125.09 feet; thence S.21046'05"E. 149.33 feet; thence S.38023'13"E. 58.40 feet; thence S.60052'51"E. 96.14 feet; thence N.89043'03"E. 54.52 feet; thence N.74009'59"E. 98.12 feet; thence S.70053'56"E. 40.82 feet; thence S.10059'44"E. 139.98 feet; thence S.24040'32"W. 47.00 feet; thence S.48000'13"W. 111.58 feet; thence S.57005'36"W. 75.68 feet; thence S.71044'07"W. 195.69 feet; thence S.57051 '52"W. 123.39 feet; thence S.81039'52"W. 62.95 feet; thence N.64~2'55"W. 65.48 feet; thence N.75002'24"W. 50.22 feet; thence S.85050'24"W. 144.24 feet; thence N.79015'18"W. 75.83 feet; thenco N.59059'30"W. 80.72 feet; thence N.43~8'03"W. 130.28 feet; thence N.73010'56"W. 96.90 feet; thence S.85039'33"W. 113.74 feet; thence N.73039'49"W. 116.56 feet; thence S.82025'39"W. 263.95 feet; thence S.46032'48"W. 81.25 feet; thence S.00041 '20"E. 25.07 feet; thence S.86~9' 13"W. 362.66 feet to a point that is 100 feet West and perpendicular to the North-South Center Section line of said Section 25; thence N.00026'41"W. parallel to said North-South Center Section line 132.41 feet to a point on the North line of the South 1/2 of the Southwest 1/4 of said Section 25; thence S.880IO'23"W. along the North line of said South 1/2 of the Southwest 1/4 a distance of 5.63 feet; thence N.00~2'06"E. 202.35 feet; thence S.88040'01"E. 102.80 feet to said North-South Center Section line of said Section 25; thence N.00026'41"W. along said North-South Center Section line 410.62 feet to the POINT OF BEGINNING. Containing 29.55 acres.) by title and motioned to dispense with the rule requiring three readings of the Ordinance. 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 #340 AN ORDINANCE ANNEXING CERTAIN LANDS TO TIlE 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, IDAllO; DETERMINING TIlE PROPER ZONING FOR CLASSIFICATION OF TIlE ANNEXED LANDS AND TERRITORY UNDER THE ZONING ORDINANCE OF TIlE CITY OF AMMON, IDAHO; PROVIDING FOR AN EFFECTIVE DATE FOR THIS ORDINANCE AND OF TIlE ANNEXATION OF SAID LANDS. (Beginning at a point that is N.87026'30"E. feet along the South boundary Line 97.09 feet from the Southwest comer of The Cottages, Division No.4, an Addition to the City of Ammon, Bonneville County, Idaho; running thence N.87026'29"E. along said South boundary line extended 1517.61 feet to the West toe of the Sidehill Canal; thence along said toe the following twenty three (23) courses: S.0I050'59"W. 130.40 feet; thence S.03054'12"E. 125.09 feet; thence S.21046'05"E. 149.33 feet; thence S.38023'13"E. 58.40 feet; thence S.60052'51"E. 96.14 feet; thence N.89043'03"E. 54.52 feet; thence N.74009'59"E. 98.12 feet; thence S.70053'56''E. 40.82 feet; thence S.10059'44''E. 139.98 feet; thence City Council Minutes 02/19/2004 - 3 S.24040'32"W. 47.00 feet; thence S.48000' 13"W. 111.58 feet; thence S.57005'36"W. 75.68 feet; thence S.71044'07"W. 195.69 feet; thence S.57051 '52"W. 123.39 feet; thence S.81 039'52"W. 62.95 feet; thence N.64022'55"W. 65.48 feet; thence N.75002'24"W. 50.22 feet; thence S.85050'24"W. 144.24 feet; thence N.79015'18"W. 75.83 feet; thence N.59059'30"W. 80.72 feet; thence N.43028'03"W. 130.28 feet; thence N.73010'56"W. 96.90 feet; thence S.85039'33"W. 113.74 feet; thence N.73039'49"W. 116.56 feet; thence S.82025'39"W. 263.95 feet; thence S.46032'48"W. 81.25 feet; thence S.00041 '20"E. 25.07 feet; thence S.86029' 13"W. 362.66 feet to a point that is 100 feet West and perpendicular to the North-South Center Section line of said Section 25; thence N.00026' 41 "W. parallel to said North-South Center Section line 132.41 feet to a point on the North line of the South 1/2 of the Southwest 1/4 of said Section 25; thence S.88010'23"W. along the North line ofsaid South 1/2 of the Southwest 1/4 a distance of 5.63 feet; thence N.00022'06"E. 202.35 feet; thence S.88040'01"E. 102.80 feet to said North-South Center Section line of said Section 25; thence N.Oo026'41"W. along said North-South Center Section line 410.62 feet to the POINT OF BEGINNING. Containing 29.55 acres.) by title and motioned to adopt Ordinance #340 on its third and fmal reading. Councilmember Bean seconded. Roll call vote: Councilmember Anderson - Yes, Councilmember Bean - Yes, Councilmember Thompson - Yes, Councilmember Waite - Yes. The motion carried. Cottal!es Request for Rezone RP to RP A: City Administrator Bruce Rose presented slides of the proposed annexation, vicinity and adjacent zoning. The property is located South of the Cottages Addition. And, is adjacent to the City limits on the North boundary of the property. The proposed annexation is within the area of impact and is compatible with the Comprehensive Plan. Planning and Zoning voted seven for with one abstention to recommend the Council approve the request. Councilmember Bean motioned to waive public hearing before the City Council with regard to the requested rezone from RP to RP-A zoning. 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 requested annexation with initial RP-A zoning. Councilmember Waite seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Waite - Yes, Councilmember Thompson - Yes, Councilmember Anderson - Yes. The motion carried Councilmember Anderson read Ordinance #341, AN ORDINANCE TO AMEND TIIE ZONING CLASSIFICATION AND TIIE ZONING MAP FOR CERTAIN LANDS LOCATED WITHIN TIIE CITY OF AMMON; PARTICULARLY DESCRIBING SAID LANDS AND DECLARING TIIE CLASSIFICATION OF ZONING FOR EACH SUCH PARCEL OF LAND; PROVIDING FOR AN EFFECTIVE DATE. (Zone Change from RP to RP-A ~ Cottages) (Beginning at a point that is N.87D26'30"E. feet along the South boundary Line 1.00 feet from the Southwest comer of The Cottages, Division No.4, an Addition to the City of Ammon, Bonneville County, Idaho; running thence N.87D26'29"E. along said South boundary line 96.09 feet to the North-South Center Section line of said Section 25; thence S.00026'41"E. along said North-South Center Section line 410.62 feet; thence N.88040'01"W. 102.80 feet; thence N.00030'36"E. 403.94 feet to the POINT OF BEGINNING. Containing 0.93 acres) by title and motioned to dispense with the rule requiring three readings ofthe Ordinance. 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 #341 AN ORDINANCE TO AMEND THE ZONING CLASSIFICATION AND THE ZONING MAP FOR CERTAIN LANDS LOCATED WITHIN THE CITY OF AMMON; PARTICULARLY DFSCRIBING SAID LANDS AND DECLARING THE CLASSIFICATION OF ZONING FOR EACH SUCH PARCEL OF LAND; PROVIDING FOR AN EFFECTIVE DATE. (Zone Change from RP to RP-A - Cottages) (Beginning at a point that is N.87026'30"E. feet along the South boundary Line 1.00 feet from the Southwest comer of The Cottages, Division No.4, an Addition to the City of Ammon, Bonneville County, Idaho; running thence N.87026'29"E. along said South boundary line 96.09 feet to the North-South Center Section line of said Section 25; thence S.00026'41"E. along said North-South Center Section line 410.62 feet; thence N.88040'01"W. 102.80 feet; thence N.00030'36"E. 403.94 feet to the POINT OF BEGINNING. Containing 0.93 acres) by title and motioned to adopt Ordinance #341 on its third and final reading. City Council Minutes 02/19/2004 - 4 Councilmember Bean seconded. Roll call vote: Councilmember Anderson - Yes, Councilmember Bean - Yes, Councilmember Thompson - Yes, Councilmember Waite - Yes. The motion carried. Approve Bid for Two (2) Pickups: This item was left on table by Mayor Ard. Resolution 2004-02 Buildinl! Permit Fees: Councilmember Bean motioned to approve Resolution 2004- 02, A Resolution Amending ModifYing, Compiling and Republishing the rates to be charged by the City of Ammon for Building Permit fees; providing for collection and revocation of building permits when obtained by insufficient or faulty funds; providing for recession and repeal of all resolutions in conflict herewith; and, providing for an effective date of February 23,2004, with clarification of units. Councilmember Waite seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Waite- Yes, Councilmember Anderson - Yes, Councilmember Thompson - Yes. The motion carried. MISCELLANEOUS DISCUSSION: Mark Schultz Water Damal!e: Mark Schultz, 2815 Ross Avenue, addressed the Council regarding a water damage claim that has been denied by ICRMP, presenting pictures of the water connection at the time of the water leak. Mr. Schultz was informed that City Staff would submit the pictures to ICRMP with a request for the claim to be reviewed. Councilrnember Bean motioned to adjourn. Councilmember Thompson seconded. Meeting adjourned at 10:20 p.m. ~~b (-~-~Q C:Bnrce'Ar , Mayor City Council Minutes 02/19/2004 - 5