Council Minutes 11/06/2003
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CITY OF AMMON
CITY COUNCIL MINUTES
THURSDAY, NOVEMBER 6, 2003
The meeting was called to order by Mayor C. Bruce Ard at 7:35p.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 Leslie Folsom
Councilmember Randy Waite
City Attorney Scott Hall
City Administrator Bruce Rose
City Engineer Bill Manwill (8:45)
Public Works Director David Wadsworth
Planning & Zoning Chairman Tom Hunsaker
City Clerk/Treasurer Diane Gempler
Councilmember Anderson led the Pledl!e of Allel!iance to the Flal! and, Councilmember Bean offered a
prayer.
MINUTES: Councilmember Folsom motioned to approve the Minutes of the October 16,2003 City
Council Meeting. Councilmember Anderson seconded. Roll call vote: Councilmember Folsom - Yes,
Councilmember Anderson - Yes, Councilmember Waite - Yes. The motion carried. Councilmember Bean
abstained as he was not present at the October 16,2003 meeting.
Mayor Ard gave the floor to Councilmember Folsom. Councilmember Folsom recognized Parks Director
Ken Knoch and announced that he has obtained a $15,000.00 grant from the Idaho Department of Lands for
trees and landscaping at McCowin Park. Parks Director Knoch has also obtained a grant from a
playground equipment supplier matching the $20,000 gift from Jay Johnson allowing the purchase of
$40,000 in playground equipment for Eagles Homestead Park.
Councilmember Bean reported that he has received an e-mail from a constituent, which accuses the City
Council of holding secret meetings. He would like the Council to go on record that no secret meeting have
been or will be held by the Council. He asked the Council individually if they are aware of any secret
meetings that have been held. Councilmember Waite stated he is not aware of any secret meetings.
Councilmember Folsom stated that she is not aware of any secret meetings. Mayor Ard stated that he is not
aware of any secret meetings being held.
Councilmember Anderson stated that she is aware of one secret meeting that was held at the time the
Johnston's gymnasium was being discussed. Councilmember Anderson stated that a City employee had
called her and informed of the meeting, when she arrived at the City Building a meeting was being held
that she had not been invited to. She also stated that at the next regular meeting there was an executive
session called and she was asked to resign from the Council. Councilmember Folsom stated that the
request for her resignation was related to statements she had made to the press apologizing for a Council
decision. Councilmember Anderson stated that the meeting she is referring to was held at noon with Mrs.
Johnston. Councilmember Bean stated that he does not recall any daytime meetings regarding the Johnston
home. Councilmember Anderson stated that there were two City employees who are aware of the meeting.
Councilmember Bean asked who the employees are. Councilmember Anderson stated it should be
discussed at a different time.
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Councilmember Bean recommended that the Council discuss the issue further in an executive session. City
Attorney Scott Hall stated that it is not a subject to be discussed in executive session. Councilmember
Bean then asked that it be placed on a work session agenda.
Joseph Filutzi, Stonegate Homeowners Association, addressed the Council regarding vandalism to his
home. Two years ago when he ran for City Council his campaign signs were repeatedly removed and after
being reset they were destroyed. During this election he chose to support a candidate and had campaign
signs in his yard. The campaign signs were destroyed and his home vandalized. One of his neighbors'
homes, who was supporting the same candidate, was also vandalized.
Judy Young, Stonehaven Division, addressed the Council reporting that she is the neighbor of Mr. Filutzi
whose home was vandalized. She stated that others in their neighborhood supported other candidates, and
that her home and Mr. Filutzi's homes were the only ones vandalized. The experienced terrified her and
her elderly mother and they were afraid of what would happen if they called the police regarding the
vandalism.
Councilmember Folsom indicated that when she was informed of the vandalism she reported the incident to
the police. Mayor Ard reported that the events are being investigated and that the Sheriff's office has a
description of a vehicle used by the vandals.
ACTION ITEMS:
Canvass of Election Results: County Election Clerk Bobbie Jockumsen presented the Council with
copies of election statistics audit sheets, and the poll books for Council review. The Council reviewed the
audit sheets and poll books. Each Councilmember and the Mayor affixed their signatures to the audit
sheets and the City Clerk certified their signatures and applied the City Seal to the audit sheets.
Joseph Filutzi asked the Council to consider districting to ensure fair representation of the citizens in
Ammon. Councilmember Folsom asked about the process for districting. City Clerk Diane Gempler will
provide the Council with copies of the State Statues governing election law, which regulate districting.
Greenfield Parl{ #1 Final Plat, Develoument Al!reement and Site Plan: City Administrator Bruce Rose
presented slides of the plat. The location of the proposed plat and site plan is South of 17th Street on the
East side of Ammon Road, North of the LDS Church. The property is zoned R3-A. The Preliminary Plat
was approved by Planning and Zoning at their September meeting. The Final Plat and Site Plan were
presented to Planning and Zoning at their October meeting and recommended for approval by the Council.
The Plat and Site Plan were brought before the Council at their October 16th meeting where the Council
reviewed the annexation and development agreement and determined that the sidewalks as presented in the
development drawings do not comply with the annexation and development agreement. It was discussed at
length and the developer was given the option of changing the drawings to comply with the annexation and
development agreement, or waiting until the atUlexation and development agreement could be amended
before seeking approval of the site plan.
Ryan Briggs, 95 North Capital Avenue, of Harper-Leavitt Engineering addressed the Council. Mr.
Briggs indicated that the developer will comply with the original annexation and development agreement.
Councilmember Folsom asked if the possibility of a cul-de-sac at the end of the street had been
discussed with the owner of the R-2 property East of the proposed plat. Mr. Briggs indicated that the
owner of the R -2 property has not agreed to allowing a cul-de-sac on his property.
Councilmember Bean recommended that the language "Developer agrees to build zero lot line
dwelling writs, according to zero lot line construction standards, which are to be marketed and sold as
individual single-fatnily dwellings. Each dwelling writ shall have separate utility and sewer hookups, and
will be billed for such utility, sewer and SatIitation services as individual dwelling writs. Developer further
agrees not to rent such writs prior to the writs being sold. Developer further agrees to cause a common
facility or party wall agreement to be filed with the Bonneville County Recorders Office and a duplicate
copy to the Ammon City Council for each such dwelling unit. Such agreement shall include a legal
description of the lots sharing such common facilities atId shall allocate responsibility as between the
owners of such lots for the use maintenance and ownership of all such common facilities. Developer
City Council Minutes 1116/2003 - 2
further agrees to comply to the building requirements ofTitIe 10, Chapter 14-A of the Anunon City Code,
further defmed as RI-A Residential Zone with the exception of article 1O-14A-2." be included in the
development agreement for this plat to ensure that the development are townhouses.
The Council discussed the proposed development agreement language, which includes area
requirements that are stricter than those defined under the R3-A zone. Review of the Site Plan revealed
that the square footage of the main floor of each townhome as proposed is less than the square footage
required under 1O-14A. If the developer chooses to develop the property as townhomes, the square footage
and set back requirements will need to be addressed before the plat or site plan can be approved.
Councilmember Bean motioned to approve the Development Agreement with language previously
discussed included. Councilmember Folsom seconded. Roll call vote: Councilmember Bean _ Yes,
Councilmember Folsom - Yes, Councilmember Waite - Yes, Councilmember Anderson - Yes. The
motion carried.
Centennial Ranch #16 Final Plat and Development A2:reement: City Administrator Bruce Rose
presented slides of the location and zoning of the proposed final plat. The plat was tabled at the
October 16th Council meeting as the improvement drawings had not been reviewed by the City Engineer.
Councilmember Folsom noted that the lot depth for lots backing against the railroad is required to
be 200'. Councilmember Bean concurred. Councilmember Folsom motioned to table.
Councilmember Anderson asked if any requirement that the developer assist with installation of
the railroad crossing, as an adjacent street improvement, is included in the annexation agreement. City
Attorney Scott Hall advised that if the Council intends for the developer to assist with the railroad crossing,
specifics should be included in the development agreement for this plat.
Counclmember Bean motioned to table the plat until City Engineer Bill Manwill is present to
answer council questions regarding County participation in the railroad crossing.
151 Amended Plat Trailwood Division #4: City Administrator Bruce Rose presented slides of the location
and zoning of the proposed amended plat. The property is located along Chasewood Drive, North ofK-
Mart and is zoned CC-l.
Councilmember Bean stated that it is his understanding that Planning and Zoning reviewed a
different 151 amended plat than the one provided to the Council.
Case Dennert of Benton Engineering indicated that he had submitted the plat before the Council
and then the developer made changes to the plat before presentation to Planning and Zoning. He
distributed updated copies of the proposed amended plat to the Council. The reasoning was to eliminate
the common area, lot lines have been moved to the center of the private drive with easements to all
property owners to avoid condominium requirements.
Councilmember Bean stated that he would not vote to approve the plat as presented as it is
intended to skirt the 80' frontage requirements. Councilmember Folsom concurred.
Councilmember Bean motioned to deny the proposed 1 st Amended Plat Trailwood Division #4.
Councilmember Waite seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Waite-
Yes, Councilmember Anderson - Yes, Councilmember Folsom - Yes. The motion carried.
2nd Amended Plat Trailwood Division #4: City Administrator Bruce Rose presented slides of the location
and zoning of the property and the proposed Site Plan. The property is located along Chasewood Drive,
North ofK-Mart and is zoned CC-l. The Site Plan that is also on the meeting agenda was previously
presented to the Council and was denied as the parking for each building was not included on the same lot
as the building.
Councilmember Folsom motioned to approve the 2nd Amended Plat Trailwood Division #4.
Councilmember Waite seconded. Roll call vote: Councilmember Folsom - Yes, Councilmember Waite-
Yes, Councilmember Anderson - Yes, Councilmember Bean - Yes. The motion carried.
Trailwood #4 - GHG Investments Site Plan: Councilmember Anderson motioned to deny the GHG
Investments Trailwood #4 Site Plan. Councilmember Bean seconded. Roll call vote: Council member
Anderson - Yes, Councilmember Bean - Yes, Councilmember Folsom - Yes, Councilmember Waite _
Yes. The motion carried.
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Trailwood #4 - Arave Construction Site Plan: City Administrator Bruce Rose reported that the Site Plan
being presented is the same as the one previously before the Council with lot line corrections to reflect the
changes made by the Trailwood #4 Second Amended Plat.
Councilmember Folsom motioned to approve the Arave Construction Trailwood #4 Site Plan with
the condition that the building on lot #1 be moved 1 inch to allow for full 12 foot easement on the East
boundary of the lot. Councilmember Waite seconded. Roll call vote: Councilmember Folsom _ Yes,
Councilmember Waite - Yes, Councilmember Anderson - Yes, Councilmember Bean - Yes. The motion
carried.
Centennial Ranch #16 Final Plat and Development Ae:reement: The Council asked City Engineer
if the County Commissioners have been approached regarding sharing in the cost of the railroad crossing to
connect the segments of John Adams Parkway.
City Engineer Bill Manwill indicated he has not discussed the crossing with the County
Commissioners. He will have the future railroad crossing placed on the County Transportation Committee
Agenda.
Councilmember Anderson motioned to deny the Centennial # 16 Final Plat. Council member
Folsom seconded. Roll call vote: Councilmember Anderson - Yes, Councilmember Folsom _ Yes,
Councilmember Waite - Yes, Councilmember Bean - Yes. The motion carried
Cottae:es #4 Final Plat and Development Ae:reement: City Administrator Bruce Rose presented
slides of the vicinity zoning and proposed final plat. The Final Plat was approved by Planning and Zoning
at their November 5th, meeting.
Councilmember Bean commented that there are still problems with the sidewalks not being
completed in the previous divisions in the Cottages. George McDaniels asked if it was the City's or
developers' responsibility to enforce the sidewalks.
Alan Cunningham of Mountain River Engineering stated that it is required in the standard
development agreement that sidewalks be installed prior to issuance of the Certificate of Occupancy.
The required width of sidewalks was discussed. Planning and Zoning Chairman Tom Hunsaker
reported that the required width is five (5) feet for all sidewalks. Councilmember Bean recommended that
the homeowner(s) be sent a letter requesting that the sidewalks be completed. The sidewalks in the
previous divisions in the Cottages are four (4) feet wide. It was recommended that the sidewalk widths be
transitioned at the corners into the stubbed street at the South.
Councilmember Bean motioned to approve the Cottages Division #4 Final Plat. Councilmember
Waite seconded. Roll call vote: COllilcilmember Bean - Yes, Councilmember Waite - Yes,
Councilmember Anderson - Yes, Councilmember Folsom - Yes. The motion carried.
Councilmember Bean motioned to approve the Cottages Division #4 Development Agreement.
Councilmember Folsom seconded. Roll call vote: Councilmember Bean - Yes, Councilmember Folsom _
Yes, Councilmember Waite - Yes, Councilmember Anderson - Yes. The motion carried.
Eie:hth Amended Plat - Ricks Farm Division #1: City Administrator Bruce Rose presented slides of
the amended plat and vicinity.
Alan Cunningham, 1020 Lincoln Road, of Mountain River Engineering addressed the Council
indicating the amended plat has been prepared and submitted to formalize the lots for each building to
include the required parking for each business.
Councilmember Bean asked the Council to consider the issue of completion of the development of
Hitt Road and the Memorandum of Understanding with the City ofIdal1o Falls regarding the street
improvements. Mayor Ard stated that he feels that the City of Ammon and Developers' have more than
provided for 50% of the Hitt Road improvements completed to date. Councilmember Bean reported that
the City of Idaho Falls is looking for the City of Ammon to contribute to the completion of improvements
to Hitt Road from Derald Avenue to Sunnyside. The Council discussed the issue at length.
Councilmember Bean asked the Council to decide as to how they will approach the Memorandum of
Understanding. Mayor Ard stated he believes the Memorandunl of Understanding is in the City of
Ammon's favor. Councilmember Bean recommended that the Council get a statement from Hawkins-
Smith regarding the improvements they have made on Hitt Road to support the position that the City of
Ammon has provided for more than 50% of the improvements. Mayor Ard will contact Hawkins-Smith to
have them provide the statement.
City Council Minutes 11/6/2003 - 4
Councilmember Folsom motioned to approve the Eighth Amended Plat of Ricks Farm Division
#1. Councilmember Waite seconded. Roll call vote: Councilmember Folsom - Yes, Councilmember
Waite - Yes, Councilmember Anderson - Yes, Councilmember Bean - Yes. The motion carried.
Blair Simmons Professional Plaza Site Plan: City Administrator Bruce Rose presented slides of the
vicinity and proposed site plan. The site plan was presented to Planning and Zoning on November 5,2003,
and was recommended for approval by the City Council. The property is zoned I&M-l
Councilmember Bean stated that professional buildings is a use that does not fit in the Industrial
and Manufacturing Zone. Councilmember Folsom stated that the professional buildings are an
improvement on the area. Councilmember Anderson commented that the developer is presenting a site
plan and that the plan should be considered without consideration of the businesses that the developer
hopes will be attracted to the buildings.
Planning and Zoning Chairman Tom Hunsaker reported that he does not feel that professional
business fits in the I&M-l zone. However, the size of the buildings would be conducive of small
manufacturing businesses in the event that professional businesses did not move into the development or
moved out at a later date.
Councilmember Folsom motioned to approve the Blair Simmons Professional Plaza Site Plan.
Councilmember Anderson seconded. Roll call vote: Councilmember Folsom - Yes, Councilmember
Anderson - Yes, Councilmember Bean - No (feels the use does not fit in the I&M-l zone), Councilmember
Waite - Yes. The motion carried.
HillCrest Hi2h School/Sandcreek Middle School Crossinl!:: Todd Hicks of School District #93, 3497
North Ammon Road, addressed the Council regarding the temporary daily traffic stoppage at Carolyn and
Owen Street between Hillcrest High School and Sandcreek Middle School. The School District has
installed the fence that was discussed at the October 16,2003, Council meeting. The temporary daily
traffic stoppage has been reduced to six-eight minutes.
The effectiveness of the fence and the temporary traffic stoppage was discussed. City Engineer
Bill Manwill indicated that the temporary stoppage could be eliminated by installing a cross walk at the end
of the fence and training the crossing guard to create gaps in the traffic for students to cross.
Public Works Director David Wadsworth was instructed to have a crosswalk marked at the end of
the fence nearest the bus loading area. City Engineer Bill Manwill stated that he will train the crossing
guard to create appropriate gaps in traffic rather than stopping traffic for a specified time period.
Councilmember Folsom motioned to extend the temporary traffic stoppage lmtil the crosswalk has
been marked. Councilmember Anderson seconded. Roll call vote: Councilmember Folsom _ Yes,
Councilmember Anderson - Yes, Councilmember Bean - Yes, Counclmember Waite -- Yes. The motion
carried.
Burl!:lar Alarm Ordinance: Councilmember Anderson recommended the Council adopt the Burglar
Alarm Ordinance as drafted with a two step fine Structure as suggested by City Attorney Scott Hall.
A public hearing for consideration of the proposed ordinance will be scheduled for the December
4,2003, City Council meeting.
Manhole at Tavlorview and Judv: City Administrator Bruce Rose reported that a letter and petition from
neighbors on Taylorview and Judy regarding the lid on the lift station at the intersection. The lid on the lift
station bangs loudly whenever a car passes over it.
The Council directed Public Works Director David Wadsworth to obtain quotes to replace the lift
station cover.
DISCUSSION ITEMS
Planninl!: and Zonin2 Ordinance Amendments and Chan2es: Planning and Zoning Chairman Tom
Hunsaker reported on the actions of the Plamring and Zoning Commission at their November 5, 2003
meeting.
The Blatters came back for a second Public Hearing to rezone their property to R2-A. The
Commission recommend to disapproval of the request by a vote of 5 (five) for disapproval, leone)
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abstained, and 2(two) for approving the request. City Administrator Bruce Rose reported the Blatters have
not indicated whether they will seek to appeal the Commission's decision.
The second Public Hearing was a request from Rockwell Homes to annex a portion of the Doyle
Judy property with an initial zoning ofR-I. Concerns raised by individual testimony were regarding where
the road access onto Crowley Road would be. The Commission voted unanimously to recommend
approval.
The third Public Hearing was a request from Rockwell Homes to annex the "sod fann". The
request was for the portion at Sunnyside Road to be zoned commercial, the portion along the railroad tracks
as I&M-I and the remainder to be R-I. The property is all in the flood zone. Planning and Zoning
recommends to change the I&M-I along the railroad tracks to commercial where it is adjacent to
commercial and change the remainder of the I&M-I to R-l; otherwise they recommend approval.
The Comprehensive Plan Committee will meet again on November 12th at 6:30. They will return
to discussions that were dropped to work on the currently proposed ordinance Changes.
Mayor Ard indicated that Rex Thompson should step down from the Comprehensive Plan
Committee now that he has been elected to Council. City Attorney Scott Hall concurred to eliminate
potential questions of impropriety.
The Commission developed a checklist for review of site plans to avoid oversights in the future.
The Commission reviewed the changes suggested by the Council in the proposed Title 10
amendments.
Councilmember Waite reported that the Te1111is Court Nets need to be taken down for the winter.
He also reported that the light in the North-West corner of McCowin Park is out and needs to be repaired
for the safety of walkers.
Councilmember Folsom reported that a constituent had invited her into his home to view a camp
trailer in the back of his neighbors home which someone is living in. The Council discussed how best to
approach enforcement of the Ordinance which prohibits such residence. The property owner will be
contacted by City Administration and if the situation cannot be resolved, will be requested to appear before
the Council.
Councilmember Bean asked the Council to make a decision regarding the possibility of districting.
The topic will be placed on a work session agenda. The City Clerk will provide the Council with copies of
the State Statutes regarding districting.
Cowlcilmember Bean asked the Council to go on record that they do not hold secret meetings.
Councilmember Anderson stated that the contention from her is not that they have secret meetings. She
stated that at the time that it happened she documented very well and has several sources to support her.
Councilmember Bean asked that Councilmember Anderson provide the rest of the Council with the
information.
Councilmember Anderson asked City Attorney Scott Hall if an executive session was called to ask
someone to step down from the Council was it a legitimate reason for an executive session. City Attorney
; Scott Hall indicated he would need to research the issue. She asked the Council if any of them would deny
that an executive session was held to ask her to resign from the Council.
Councilmember Folsom stated she would not deny going into an executive session to discuss
Councilmember Anderson going public with the Council's votes and apologizing for the Council's votes.
Councihllember Anderson stated that at the time she spoke to appropriate people about it.
Councilmember Bean asked who she spoke to about it. Councilmember Anderson indicated she had
spoken with Marty Trillhause. Stating that he had called her and asked her if it had happened and that she
answered that it had and asked that it not be put in the newspaper.
Councilmember Bean asked Councilmember Anderson if the Council holds illegal meetings. She
replied that the do not on a regular basis but in that instance they did.
Councilmember Anderson stated that when she apologized for the Council it was an apology to
the individual who felt they had not listened to him.
City Council Minutes 1l/6/2003 - 6
.
Councilmember Anderson asked if there is going to be a special meeting on November 13 th to hear
the Greenfield issue. City Administrator Bruce Rose reported the developer has decided.not to go forward
with the amendment of the annexation agreement at this time.
Councilmember Anderson motioned to have a regular work meeting on November 13 th instead of
a special session. Councilmember Folsom seconded. Roll call vote: Councilmember Anderson _ Yes,
Councilmember Folsom - Yes, Councilmember Waite - Yes, Councilrnember Bean - Yes. The motion
carried.
Councilmember Bean motioned to move to Executive Session to discuss personnel issues.
Adjourned to Executive Session at 11 :50 p.m.
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DianeB. Gempler, City Clerk/Treas
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