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Council Minutes 05/15/2003 CITY OF AMMON CITY COUNCIL MINUTES THURSDAY, MAY 15, 2003 The meeting was called to order by Mayor C. Bruce 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 Karen Y. Anderson Councilmember W. Lee Bean Councilmember Leslie Folsom Councilmember Randy Waite Attorney Scott Hall Engineer Bill Manwill City Administrator Bruce Rose Public Works Director David Wadsworth Planning & Zoning Chairman Tom Hunsaker City Clerk/Treasurer Diane Gempler Councilmember Bean led the Plede:e of Allee:iance to the Flae: and Councilmember Waite offered a prayer. MINUTES: Councilmember Anderson motioned to approve the minutes of the City council Meeting held May 1,2003. Councilmember Folsom seconded the motion. Roll Call Vote: Anderson - Yes; Folsom - Yes; Waite - Abstain; Bean - Yes. The motion carried. CONSENT AGENDA: City Administrator Bruce Rose informed the council that an additional section has been added to the Consent Agenda for approval of utility accounts that have been deemed uncorrectable so they can be written off the books and not carried as outstanding receivables. Councilmember Folsom motioned to approve the consent agenda as presented. Councilmember Waite seconded the motion. Roll Call Vote: Folsom - Yes; Waite - Yes; Folsom ~ Yes; Anderson - Yes. The motion carried. PUBLIC HEARING:TitIe 5 Criminal Code Amendment: Mayor Ard called the public hearing to order, addressing the audience regarding the order of the proceeding and the matter to be heard; and swearing in all of those who desired to give testimony. . Mayor Ard called for testimony regarding the proposed changes to Title 5. There were no parties interested in testifying. The council had reviewed the changes during the May 8, 2003, work session. The council briefly discussed the changes proposed. Councilmember Folsom motioned to approve the changes to Title 5 Criminal Code.. Councilmember Bean seconded the motion. Roll Call vote: Folsom - Yes; Bean - Yes; Waite- Yes; Anderson - Yes; motion carried. Ordinance #327 - RE Zone and Title 5 Criminal Code Amendment: Councilmember Folsom introduced Ordinance No. 372 by title, AN ORDINANCE AMENDING SECTIONS 5-3-7 AND 5- 3-8 OF THE CODIFIED ORDINANCES OF THE CITY OF AMMON TO PROVIDE FOR CERTAIN ANIMALS IN A NEWLY CREATED RE (RESIDENCE ESTATE) ZONE AND FOR Council Minutes 05/15/2003-1 CERTAIN ANIMALS IN OL-6 ZONE; AMENDING SECTIONS 10-5-23(D)1 AND 10-5-23(0)2 OF THE CODIFIED ORDINANCES OF THE CITY OF AMMON TO PROVIDE FOR PARKING IN CERTAIN ZONES INCLUDING A NEWLY CREATED RE (RESIDENCE ESTATE) ZONE; AMENDING SECTIONS 10-11-1 OF THE CODIFIED ORDINANCES OF THE CITY OF AMMON TO PROVIDE FOR AN RE (RESIDENCE ESTATE) ZONE; AMENDING SECTION 10-27-2 OF THE CODIFIED ORDINANCES OF THE CITY OF AMMON TO PROVIDE FOR ANIMAL OVERLAY ZONES ONLY IN CERTAIN CIRCUMSTANCES CONSISTENT WITH THE CREATED RE (RESIDENCE ESTATE) ZONE; ENACTING CHAPTER TITLE 10 CHAPTER 33 INCLUDING SPECIFICALLY, SECTIONS 10-33-1, 10-33-2, 10-33-3, 10-33-4, 10- 33-5,10-33-6 AND 10-33-7 WHICH CREATES AN RE (RESIDENCE ESTATE) ZONE TO THE CODIFIED ORDINANCES OF THE CITY OF AMMON; AND, PROVIDING FOR AN EFFECTIVE DATE. And moved that the City Council dispense with the rule requiring that the ordinance be read on three different dates and that the three readings be waived. Councilmember Bean seconded the motion. Roll Call Vote: Folsom - Yes; Bean - Yes; Waite - Yes; Anderson- Yes. The motion carried. Councilmember Folsom again read Ordinance No. 327 by title. Councilmember Folsom moved the adoption of Ordinance No. 325 as an ordinance of the City of Ammon on its third and final reading. Councilmember Bean seconded the motion. Roll Call vote: Folsom - Yes; Bean - Yes; Waite - Yes; Anderson - Yes; motion carried. ACTION ITEMS: Special Use Permit; LDS Church; Cottages Division #3: City Administrator Bruce Rose introduced the Special Use Permit Application. Notice of Public Hearing was published and mailed to property owners within 500 feet of the proposed church site in accordance with Idaho and City Code. Public Hearing was held before the Planning and Zoning Commission on May 6, 2003. Planning and Zoning Chairman Tom Hunsaker reported the testimony in favor of the request consisted of the presentation of the requestors. There was no neutral comments made by the public. Two individuals testified against issuance of the permit, the prior developer had promised them that there would only be houses in the division. The Commission voted unanimously to recommend approval of the Special Use Permit City Administrator Bruce Rose noted for the Council that Mr. Jerry Sinkovec had submitted two letters in opposition to the permit; one addressed to Chairman Hunsaker prior to the Public Hearing and, one to Mayor Ard following the Public Hearing. Mr. Sinkovec has asked for the letters to be entered as a part of the record. The council discussed the letters and clarified which lot Mr. Sinkovec owns; and, inquired regarding who owns the adjacent properties. George McDaniels, the current developer owns the vacant property, he indicated a purchase and sale agreement is in effect on the property directly adjacent to the proposed church site, the prospective buyers are aware of the proposed church and are in favor of it. Scott Neilson, 990 John Adams Parkway, Idaho Falls, Idaho. Mr. Neilson is the applicant for the Special Use Permit. The Council inquired about the lighting to be used. Mr. Neilson explained that the fixtures to be used are less intense than generally used commercial parking fixtures, radiating about 2-foot candles per fixture and radiate out about 35 feet. The fixtures are typically placed on the building side of the parking lot, if there are four rows of parking, there may be fixtures placed on the outside. Any fixtures placed near housing are fitted with "house shields" to direct the light away from the homes. The largest bulb allowed in each fixture is 150 Watts. Council Minutes 05/15/2003 -2 The Council also reviewed the proposed access points for the parking area, and the proposed placement offences. Mayor Ard then asked if there were any residents that would like to comment on the proposed permit. Steve Reel, 2600 Stafford Cove, commented in favor of approval of the Special Use Permit. He feels the inclusion of a church in the neighborhood will improve the quality of life in the area through community service. Quin Simmons, 2580 Stafford Cove, Ammon, Idaho, also commented in favor of approval of the Special Use Permit. Mr. Simmons indicated that the developer had informed him of the likelihood of a church being constructed in the division before he purchased the property in August of 200 I; and, that their decision to purchase in the division was positively influenced by the information. Councilmember Anderson motioned to waive further hearing and approve the issuance of Special Use Permit to the LDS Church for construction of a church in an RP-A zone. Councilmember Waite seconded the motion. . Roll Call vote: Anderson - Yes; Waite - Yes; Folsom - Yes; Bean - Yes; Mayor Ard - Yes; motion carried. Special Use Permit; White Pines Charter School in R-l Zone: City Administrator Bruce Rose introduced the Special Use Permit Application. Notice of Public Hearing was published and mailed to property owners within 500 feet of the proposed church site in accordance with Idaho and City Code. Public Hearing was held before the Planning and Zoning Commission on May 6, 2003. The Commission voted to recommend approval to the Board of Adjustments (five for and zero against). Several e-mails have been received in support of the permit. Kim Leavitt of Harper /Leavitt Engineering, 985 North Capital, Idaho Falls, presented the application, addressing the location, traffic, and the potential of a future park between the site and the Montessori School. Mr. Leavitt and Anita Ogden answered council questions regarding the layout of the proposed plat. The proposed plat leaves a small area of R-l property between the proposed school property and the GC-l zone. The legal description that was submitted for publication in the hearing notice was a larger area than is being presented at this time. A portion of the property defined in the legal description is optioned for purchase by the school. That property is not included in the final proposal as presented at this time. The Council also questioned the placement of a proposed street through the GC-l property. Mr. Leavitt indicated the street and park are conceptual and not part of the request for Special Use Permit. Mr. Suitor was asked if his family would be objectionable to designating a roadway through the GC-l portion of their property. Mr. Suitor indicated he could not speak for other family members. Council discussion focused on the potential traffic that would be generated by the school; the need for a through street between John Adams Parkway and First Street and, possible means of getting the street constructed; the number of students expected to attend the school; and, transportation of the students to and from the school. Councilmember Bean motioned to table discussion of the White Pines Charter School Special Use Permit Applications and scheduling a work session to discuss the matter at length. Councilmember Anderson seconded the motion. Roll Call vote: Bean - Yes; Anderson - Yes; Waite - Yes; Folsom- Yes; Mayor Ard - Yes; motion carried. Special Use Permit; White Pines Charter School Modular Buildings: Councilmember Bean motioned to table discussion of the White Pines Charger School Special Use Permit Application, Council Minutes 05/15/2003 -3 Plat and Site Plan and scheduling a work session to discuss the matter at length. Councilmember Waite seconded the motion. Roll Call vote: Bean - Yes; Waite - Yes; Folsom - Yes; Anderson- Yes; Mayor Ard - Yes; motion carried. Variance; Hawkins-Smith Parking Widths and Numbers: City Administrator Bruce Rose introduced the Variance Application. Notice of Public Hearing was published and mailed to property owners within 500 feet of the subject property in accordance with Idaho and City Code. Public Hearing was held before the Planning and Zoning Commission on May 6, 2003. The Commission voted to recommend approval to the Board of Adjustments (three for and two against). Ken Christensen of Hawkins-Smith presented the developer's request for variance and outlined the reasons for the request. Planning and Zoning Chairman Tom Hunsaker stated he supports the Commissions vote. The issue for Planning and Zoning was the width of the parking spaces. The overall consensus of the Commission is that the completion of the development should be allowed under the same standards the completed portions were subjected to. Planning and Zoning had failed to examine parking space widths when previous portions of the development were approved. As such, the 10- foot width of parking spaces was not enforced for those portions of the development. Councilmember Bean motioned to approve the Variance. Councilmember Folsom seconded the motion. Roll Call Vote: Bean - Yes; Folsom - Yes; Waite - No; Anderson - No; Mayor Ard- Y es. Variance approved. Councilmember Waite indicated his reason for voting against was due to the difficulty of parking in nine (9) foot wide spaces with a large vehicle. Councilmember Anderson indicated she could see no reason to grant a variance in this instance. Hawkins-Smith, Bed Bath & Beyond Site Plan: Ken Christensen of Hawkins-Smith presented the site plan for Bed, Bath & Beyond. The site plan is in compliance with City Code, with the exception of the parking for which a variance has been approved in this meeting. Councilmember Folsom motioned to approve the site plan. Councilmember Waite seconded the motion. Roll Call Vote: Folsom - Yes; Waite - Yes; Bean - Yes; Anderson - Yes; motion carried Woodland Hills Division #2 Final Plat: City Administrator Bruce Rose introduced the Plat to the Council. The Planning and Zoning Commission reviewed the plat at their May 6, 2003, meeting and voted to recommend the City Council approve the Plat, the vote was five (5) for and zero against. Alan Cunningham of Mountain River Engineering presented the Woodland Hills Division #2 Final Plat to the Council for their approval. The Final Plat for Division #2 has not been altered from the preliminary plat as approved. City Engineer Bill Manwill indicated that the development agreement has not been completed. Councilmember Bean motioned to table until the Development Agreement is completed. Councilmember Folsom seconded the motion. All in favor, motion carried. The City Council requested that Final Plate s) not be presented for approval until such time as the Development Agreement pertaining to the Division(s) is completed and approved. Trailwood Village #3 & #4, Preliminary and Final Plat: City Administrator Bruce Rose introduced the Plat to the Council. The Planning and Zoning Commission reviewed the plates) at their May 6,2003, meeting and voted to recommend the City Council approve the plates), the vote was five (5) for and zero against. Council Minutes 05/15/2003 -4 Casey Dennert, 3025 Devonwood, Ammon, Idaho. of Benton Engineering presented the Trailwood Village Division #3 Final Plat, which is zoned R-1A; and, Division #4 Preliminary and Final Plat, which is zoned CC-1, to the Council for their approval. The Council discussed the number of dwelling units would be constructed in the area given the high-density housing planned. Councilmember Folsom asked Mr. Dennert if a development agreement has been completed. There is not a development agreement at this time. Rex Thompson, 3025 Wimbledon Circle, addressed the Council, presenting research he has completed regarding housing density and percentages of apartments vs. single family residents in the City in various Idaho cities from the 2000 census. Mr. Thompson also presented estimations of current density within Ammon based on construction after the 2000 census. There was some discussion of whether townhomes are defined as single family homes in the federal census. Mr. Thompson also read portions of the zoning ordinance defining the commercial zones. Eric McGary, 870 Tennis Court, Ammon, Idaho, stated that "these types of high-density developments are not conducive to the City of Ammon." Asking why the Planning and Zoning and City Council have turned a "blind eye" to the situation. Tim Westfall, 728 Tiebreaker Drive, Ammon, Idaho, requested that the council consider giving much greater weight to density issues in their decision making. Bob Hale, 3075 Devonwood, Ammon, Idaho. Mr. Hale indicated he feels that traffic concerns in the area are a long-term issue, which needs to be addressed with foresight. Mr. Hale stated he was lead to believe there would be a buffer between his property and the CC-1 zone at the time he purchased his property. Dick Groberg, the property owner and developer of the Trailwood Villiage subdivision, clarified that what they are currently planning is 16 lots with some of them to be 4-plexs. He indicated that the preliminary plat, although could be developed as high-density housing, is preliminary and mayor may not be completed as planned. Max Bussworth, 520 Matchpoint drive, Ammon, Idaho. Stated property owners in the neighborhood do not want more apartments in the area. The homeowners feel the zoning should be changed to R-1 to eliminate the possibility of more multiple family dwellings being constructed in the area. James Anderson, 3080 Devonwood, Ammon, Idaho. Agreed with Mr. Bussworth. Voiced concern of increasing density, and his opposition to four-plexes being constructed in the division. There was discussion about density and traffic issues. Several residents inquired how they can influence the process. The audience was informed of the up-coming Planning and Zoning work sessions for review of the Comprehensive Plan and their input would be welcome. Paul Fairborn, 770 Matchpoint Drive, Ammon, Idaho. Stated he feels a master plan should be available to look at how the proposed developments fit in the larger scheme. Mr. Thompson addressed the Council again, pointing out access difficulties and traffic patterns. John Meyer, 600 Tiebreaker Drive, Ammon, Idaho. Stated he feels the traffic patterns and additional traffic that will be generated by the proposed developments. Councilmember Folsom motioned to table until the Development Agreement is completed. Councilmember Anderson seconded the motion. Roll Call Vote: Folsom - Yes; Anderson - Yes; Waite - Yes; Bean - Yes; motion carried. White Pines Charter School Preliminary and Final Plat: Tabled for further discussion at work seSSIOn. Council Minutes 05/15/2003 -5 Sunnyside Storm Drainage Agreement: The City Council has discussed this agreement over the last six months. The agreement has been negotiated with the District 93 School Board, facilitated by City Engineer, Bill Manwill. City Attorney Scott Hall has also reviewed the agreement, the first right of refusal on the time certain lease property has been included as requested by the Council. Councilmember Bean motioned to approve the agreement as presented. Council member Folsom seconded the motion. Roll Call Vote: Bean - Yes; Folsom - Yes; Waite - Yes; Anderson- Yes; motion carried. The Agreement was signed by Mayor Ard, and will be delivered to the School Board by City Administrator Bruce Rose. Sewer Project RFP Selection Committee: A request for proposals was sent out to prospective engineering companies, and Notice of the request published in the Post Register during the last week of April. Two (2) firms responded with complete proposals. Councilmember Anderson motioned to form a selection committee consisting of City Staff; Councilmember Waite and Councilmember Bean. Councilmember Folsom seconded the motion. Roll Call Vote: Anderson - Yes; Folsom - Yes; Waite - Yes; Bean - Yes; motion carried. The committee will meet within the next two weeks to review the proposals submitted and select the engineering firm to complete the sewer project. Miscellaneous Business: Councilmember Bean asked whether the berm required at Walmart has been completed as required. City Administrator Bruce Rose will check for complete compliance in regard to the berm/barrier requirement. Councilmember Bean also stated that he would like the businesses coming into Ammon to advertise that they are in Ammon, as many advertise they are in Idaho Falls. The Council discussed the issue and will encourage all businesses within the City to promote their location as Ammon. SITE PLANS: Eastridge Apartments: City Administrator Bruce Rose introduced the site plan for the Eastridge Apartments. Planning and Zoning recommended approval in a modified form, limiting the number of buildings to reduce the dwelling units to comply with the number of parking spaces required. Dale Hale, 1441 Casandra, Blackfoot presented the developer's plan. They request that the plan be approved with all six buildings. They propose that studio apartments should only be required to have one parking space. The code does not specify parking per studio apartment. Planning and Zoning recommended approval of 64 units, the developer is requesting approval for 96 units. Planning and Zoning Chairman Tom Hunsaker referred to City Code IO-5-23d6, required parking for uses not mentioned, which requires the Board of Adjustments to make the determination with the guidance of comparison with similar uses. The Council discussed the matter of recommendation to Planning and Zoning regarding parking requirements for studio apartments. The developer was requested to submit a new site plan. Councilmember Folsom motioned to approve the plan limited to 64 units (4 buildings). Councilmembers Bean and Anderson voiced their concern that a complete site plan in compliance with requirements be submitted prior to approval of any portion. Councilmember Folsom revised her motion to specify that the North and South units are the ones being approved. Council Minutes 05/15/2003 -6 Mayor Ard indicated that members of the audience wished to comment: Tim Westfall, 728 Tiebreaker Drive, Ammon, Idaho, requested the Council form a committee to evaluate the density issue before approving any more apartments. Councilmember Folsom indicated that not approving those developments presented in compliance with City Code would require a moratorium being issued on construction of apartments, which would require compliance with specific regulations which may not apply in this situation. Councilmember Bean indicated that this is where they Comprehensive Plan comes in. Mr. Westfall asked how he could be involved in ensuring that these issues are addressed. He was informed of the upcoming work sessions to be held by Planning and Zoning to review/revise the Comprehensive Plan. Bob Hale, 3075 Devonwood, Ammon, Idaho. Mr. Hale is concerned with the number of families being moved into a small area, and how it will affect the wells, fire department, family safety. Stan Childers 2985 Devonwood, Ammon, Idaho. Stated he is concerned with more apartments lowering surrounding property values. Tom Arave, Arave Construction, 1395 NW Main, Blackfoot, Idaho. Agrees to resubmittal of a site-plan, if it is agreed regarding the parking City Attorney Scott Hall indicated that he would recommend that the Council require the same parking for a studio apartment as a one-bedroom as the Code stands. The Code should be revised before any change of requirement is made. City Administrator Bruce Rose indicated that the possible need for a variance hearing was anticipated and Notice has been prepared for publication. Mr. Arave indicated he would like an indication from the Council and Planning and Zoning of whether or not a variance would be possible. The Council indicated they will not be allowing for one (1) parking space per studio at this timee. Councilmember Folsom again motioned to approve the plan limited to the buildings on the North and South sides of the property. Councilmember Anderson seconded. Role Call Vote: Folsom-Yes; Anderson - Yes; Waite - Yes; Bean - No (feels a complete site plan should be submitted). White Pines Charter School: Tabled for further discussion at work session. Decker Business Office: City Administrator Bruce Rose introduced the site plan. Planning and Zoning voted to recommend approval as submitted. Councilmember Anderson asked if the plan includes a wall between the property and the residential along the East boundary of the property. Planning and Zoning Chairman Tom Hunsaker indicated that the parking is sufficient as long as the basements of the office units are used for storage and utility only, as presented in the plan. Councilmember Folsom motioned to approve the site plan conditioned on the installation of a fence along the East side of the property. Councilmember Waite seconded the motion. Roll Call Vote: Folsom - Yes; Waite - Yes; Bean - Yes; Anderson - Yes; motion carried. DISCUSSION ITEMS: Quail Ridge Well: George McDaniels addressed the Council, reporting that he is having stucco installed on the well-house and the property owners have agreed to sign-off on releasing the covenants for the well property when the stucco is completed. Council Minutes 05/15/2003-7 City Administrator Bruce Rose invited the City Council to attend the Greater Idaho Falls Chamber of Commerce Luncheon to be held on May 20,2003, at the Ammon Fire Department. ' Mayor Ard will be the guest of honor at the luncheon. City Administrator Bruce Rose informed the Council of the AlC Annual Convention to be held in Coeur d' Alene at the first of June, and asked if any Council members would be interested in attending. Sonic Drive-In Entrances: Councilmember Folsom indicated concern regarding the entrance near the stoplight. The Council had previously discussed having the entrance closed off as soon as another entrance was available. Councilmember Folsom motioned to adjourn the meeting. Councilmember Anderson seconded. All in favor, motion carried. ~ ~~~-- ~'- Diane B. Gempler, Clerk/Tre urer Council Minutes 05/15/2003 -8